What is APPROPRIATION?

UTILITY to men
The act of appropriating or setting apart; prescribing the destination of a
thing; designating the use or application of a fund. In public law. The act by
which tne legislative department of government designates a particular fund,
or sets apart a specified portion of the public revenue or of the money In the
public treasury, to be applied to some general object of governmental
expenditure, (as the civil service list, etc..) or to some individual purchase or
expense. State v. Moore, 50 Neb. 88, 09 N. W. 373, 61 Am. St Rep. 538;
Clayton v. Berry, 27 Ark. 129. When money is appropriated (f. e., set apart)
for the purpose of securing the payment of a specific debt or class of debts,
or for an individual purchase or object of expense. it is said to be specifically
appropriated for that purpose. A specific appropriation is an act of the
legislature by which a named sum of money has been set apart in the
treasury, and devoted to the payment of a particular demand. Stratton v.
Green, 45 Cal. 149.
Under the CC, thing and property are used synonymously—techni
cally though, thing is of broader scope than property
PROPERTY
Property defined: All things which are (already in the possession of man)
or may be (susceptible of appropriation) the objects of appropriation are
considered as property either as immovable or movable.
Appropriation defined: equivalent to occupation; willful apprehension of a
corporeal object which has no owner with the intent to acquire ownership.
and CAPABLE of
APPROPRIATION.
µ For purposes of distinction, thing should be understood in its generic
sense.
Requisites of property:
1. Utility – capable of satisfying human needs (e.g. food, shelter, and
clothing).
2. Individuality/substantivity – quality of having existence apart from
any other thing or property (e.g. parts of the human body may, within
the limits prescribed by law, become property only when separated
from the body of the person to whom they belong).
3. Appropriability – susceptibility of being possessed by men. Hence,
diffused forces of nature in their totality cannot be considered as
property (e.g. air, lightning).
à An object cannot be considered as property because of PHYSICAL
IMPOSSIBILITY (e.g. res communes) or LEGAL IMPOSSIBILITY (e.g.
human body).
Res communes – common things which are not capable of appropriation
in their entirety (e.g. air, lightning) although they may be appropriated under
certain conditions in a limited way (e.g. oxygen, electricity). In case of the
latter, they become property.
Res nullius – that which has no owner because it has not yet been
appropriated (e.g. hidden treasure, wild animals, fish in the ocean), or
because it has been lost or abandoned by the owner. It constitutes property
as long as it is susceptible of being possessed for the use of man.
Res alicujus – objects already owned or possessed by men.

Thing Property
THE HUMAN BODY
Generic sense: all Includes not only
objects that exist things which are
During lifetime: RULE: it is NOT a property. Hence, cannot be
which can be of already possessed
appropriated. EXCEPTION: within the limits prescribed by law. R.A.7719
UTILITY to men. by man, but also
Juridical sense: all those which are promotes voluntary blood donation; service contracts (e.g. modeling).
objects that exist susceptible of being
which can be of possessed by man. After death: RULE: still, NOT a property by reason of public policy.
Personality of a man demands respect even after death. EXCEPTION:
within the limits prescribed by law. R.A 349 legalizes permission of use active subject; persons active subject
human organs or any portion of the human body for medical, surgical, or the rest of the involved and passive
scientific purposes under certain conditions; R.A 7170 authorizes the world as subject.
legacy or donation of human organs after death or for transplant as well as passive
the advancement of research, medical and dental education and therapy. subject.
Generally, Object Intangible
corporeal involved thing
RIGHTS AS PROPERTY things (prestation)
By mode or Causes of By title only
Property includes not only material objects, but also rights (although these title creation
are merely relations). However, only rights which are PATRIMONIAL in Real actions Nature of Personal
nature can be considered as property. Otherwise, they are not (e.g. (family against third actions actions
rights, right to life, liberty). persons against the
definite
Classification of Rights: passive
1. Real rights (jus in re): interest belonging to a person over a specific subject
thing without a definite passive subject against whom such right may be By the loss or Methods of By other
personally enforced (e.g. ownership). destruction of extinguishment causes
the property
Elements:
1. Ownership of an object by a subject.
2. General obligation of respect, there being no particular passive CLASSIFICATION OF THINGS
subject.
3. Effective actions against anyone who may want to disturb it. Spiritual Ecclesiastical
Directly influences Sacred
2. Personal rights (jus in personam/ad rem): the power of a person the religious Religious
(creditor) to demand from another (debtor) as a definite passive subject, the submission of men Holy
fulfillment of the latter’s obligation; the right of obligation. such as sacraments Temporal
and prayers.
Elements:
1. Subjects consisting of active (creditor-obligee) and passive
(debtor-obligor).
2. There is a particular passive subject who is bound to observe the These are personal prestations, or acts or services productive of utility.
obligation. They are not manifest to the senses, but are conceived only by the
3. Effective actions against the passive subject. understanding.

Requisites:
REAL DISTINCTIONS PERSONAL
RIGHTS 1. External – it is a manifested act.
A definite Number of A definite 2. Personal – done by the debtor himself.
 3. Possible – can be done both in nature and in law.
As to OWNERSHIP:
1. Common – created by Nature for the use of all; res communes (e.g.
sun).
2. Public – owned by the State for the use of its inhabitants either
directly (e.g. roads) or indirectly (e.g. fortress).
3. Private – owned by private individuals.
4. Nullius – no owner; res nullius (e.g. hidden treasure).
5. Corporate – owned collectively either as patrimonial (e.g. properties
of LGUs held in a private capacity) or communal (e.g. plazas).
As to IMMOBILITY:
1. Immovable – cannot be transferred from place to place because of
the nature, incorporation, destination or by analogy.
2. Movable – can be moved from place to place.
3. Semi-movable – those which move by themselves (e.g. animals).
As to NUMBER:
1. Universal – several things collectively form a single object in law
under one name (e.g. inheritance).
2. Generic – that which indicates its homogenous nature (e.g. a
house).
3. Specific – that which indicates the specie or its nature and the
individual (e.g. the house at #6 Upper Malvar).
As to EXISTENCE:
1. Present – actually exists physically or legally.
2. Future – do not actually exist by whose existence can reasonably
be expected (e.g. ungathered fruits).
As to DIVISIBILITY:
1. Divisible – can be divided physically or juridically without injury to
their nature (e.g. inheritance).
2. Indivisible - cannot be divided without destroying their nature or
rendering the fulfillment of the juridical relation (e.g. horse).
As to IMPORTANCE:
1. Principal - those which other things are dependent (e.g. the land on
which a house is built).
2. Accessory – dependent upon the principal (e.g. the house built on
the land).
As to PURPOSE or HOMOGENEITY of SPECIE:
1. Fungible – belong to a common genus permitting substitution (e.g.
grains).
2. Non-fungible – specifically determined and cannot be substituted
(e.g. lands).
As to CONSUMABILITY or NATURE:
1. Consumables – those which are used by consumption (e.g. food).
2. Non-consumables – not consumed by use (e.g. money).
As to ALIENABILITY:
1. Within the commerce of man – can be the object of juridical
relations.
2. Outside the commerce of man – cannot be the object of juridical
relations.
CLASSIFICATION OF PROPERTY
Tests:
a. Immovable - cannot be transferred from place to place.
b. Movable – excluded from the enumeration of immovable and can be
moved from place to place without damage thereto.
c. Mixed/semi-movable - those which move by themselves (both
immovable and movable in nature).
IMMOVABLE PROPERTY
(1) By NATURE – it cannot be carried from place to place.
1. Lands, buildings, roads and constructions (adhered to the soil).
2. Mines, quarries and slag dumps, while the matter thereof forms part
of the bed, and waters either running or stagnant.
µ The materials constituting a building which is the subject of demolition are
movable. (3)
µ A structure which is merely superimposed, not adhered, to the soil may
be considered movable.
(2) By INCORPORATION – essentially movables but are attached to an
immovable in a fixed manner to be an integral part thereof.
1. Constructions (adhered to the soil).
2. Trees, plants and growing fruits while they are attached to the land
or form an integral part of an immovable.
3. REX VINTA: Everything attached to an immovable in a fixed
manner in such a way that it cannot be separated therefrom without
breaking the material or deterioration of the object.
4. Animal houses or breeding places, in case the owner has placed
them or preserve them with the INTENTION to attach them
permanently tot the land, and the ANIMALS in these places.
5. Statutes, reliefs painting or other objects for USE or
ORNAMENTATION, placed in a building or on lands, by
the OWNER of the immovable in such a manner that it reveals (4)
the INTENTION to attach them permanently to the tenements.
à These are immovable both by incorporation and by
destination. As distinguished from REX VINTA, these can generally be
separated from the immovable without breaking the object. These objects
become immobilized only when placed in the tenement by the owner of
such tenement. When placed by a mere holder (e.g. tenant), these objects
do not become immovable property UNLESS such person acts as an
AGENT of the owner (e.g. lease of land with stipulation that the lessee will
construct improvements which will become the property of the lessor).
µ Trees and plants are immovable only when they are attached to the
(1)
land. When they have been cut or uprooted, they become movable,
EXCEPT when timber constitutes the natural product of the tenement, in
which case, it still forms an integral part of the immovable.
(2)
µ For purposes of the Chattel Mortgage Law, ungathered fruits may be
considered as movable.
By DESTINATION – essentially movables but are placed in an
immovable as an added utility.
1. Indirect utility: Statutes, reliefs painting or other objects for USE or
ORNAMENTATION, placed in a building or on lands, by
the OWNER of the immovable in such a manner that it reveals
the INTENTION to attach them permanently to the
tenements.
2. Direct utility: Machinery, instruments or implements INTENDED
by the owner of the tenement for an INDUSTRY or WORKS which
may be carried on in a building or land, and which tend DIRECTLY
to meet the needs of such industry or works.
3. Animal houses or breeding places, in case the owner has placed or
preserved them with the INTENTION to attach them permanently to
the land, and the ANIMALS in these places.
4. Fertilizers ACTUALLY used on a piece of land.
5. Docks and structures which, though floating, are INTENDED by
their nature and object to remain at a fixed place on a river, lake or
coast.
By ANALOGY - classified by express provision of law because it is
regarded as united to the immovable property.
1. Contracts for public works.
2. Servitudes.
3. Real rights over immovable property.
MOVABLE PROPERTY
General Rule: all things which can be transported from place to
place without impairment of the real property to which they are fixed.
Exclusions: those movables susceptible of appropriation which are
not included in the enumeration of immovables.
(3) Special: real property which by any special provisions of law is
considered as personalty. µ N.B. Regalian Doctrine

(4) In parts: forces of nature which are brought under control by science.
(5) Obligations (credits) and actions (replevin) which have for their
object movables (corporeal or intangible) or demandable sums.
à These are really personal rights because they have a definite
passive subject (e.g. intellectual property).
2. Patrimonial property: used by the State as a juridical person in its
private capacity (e.g. property acquired through escheat proceedings, tax
sales). It is the property which the State has the same rights, and of which
it may dispose, to the same extent as private individuals according to laws
and regulations on the procedure of exercising such rights. Hence, it is
subject to the principles on private properties (e.g. subject to prescription.

(6) Shares of stocks or interests in juridical entities. CONCEPTS ON PUBLIC DOMINION

Classification as to nature: a. Public dominion does not import the idea of ownership. Property of
public dominion is not owned by the State but simply under its
a. Consumable – cannot be used in a manner appropriate to their jurisdiction and administration for the collective enjoyment of all the
nature without being consumed. people of the State of which it is the territorial sovereign.
µ Consumable goods cannot be the subject matter of a contract of b. The purpose of property of public dominion is not to serve the State
commodatum unless the purpose of the contract is not the consumption as a juridical person but the citizens. It is intended for the common and
of the object as when it is merely for exhibition. public welfare so it cannot be the object of appropriation either by the
State or by private persons.
b. Non-consumable - not consumed by use. c. The relation of the State to this property arises from the fact that the
State is the juridical representative of the social group and as such it
Classification according to purpose: takes care of and preserves the same and regulates its use for the
general welfare.
a. Fungibles - belong to a common genus permitting substitution of the d. Properties of public dominion are outside the commerce of men.
same kind, quantity and quality; (e.g. 10 bottles of wine). Hence:
ü Cannot be sold, leased or otherwise be the subject matter of contracts.
b. Non-fungibles – specifically determined and cannot be substituted ü Cannot be acquired thru prescription not even by municipalities against
(e.g. 10 bottles of wine which I have in my room). the State.
ü Cannot be attached or sold at public auction to satisfy a judgment.
Otherwise, essential governmental services would be jeopardized.
PROPERTY CLASSIFIED ACCORDING TO ü Cannot be burdened by easements.
OWNERSHIP ü Cannot be registered under the land registration law and be the subject
of a Torrens title.
PUBLIC
NATIONAL/STATE
PUBLIC LAND GOVERNMENT LAND
1. Property of public dominion: Uniformly used to A broader term. It
a. For public use (e.g. roads, canals, rivers). describe the national includes not only public
b. For public service (e.g. public buildings). domain under the lands but also other
c. For the development of the national wealth. legislative power of lands of the
Congress as has not government already
been subjected to reserved, or devoted to ü The principles governing property of public dominion of the State are
private right or devoted public use, or subject to applicable to property of public use of the political subdivisions.
to public use. it is private rights. It ü Political subdivisions cannot register as their own any part of the
equivalent to lands of includes patrimonial public domain, unless it is first shown that a grant thereof has been
the public domain. It lands. made or possession has been enjoyed during the period necessary to
refers to lands as are establish a presumption of ownership.
thrown open to private ü They have no authority to control or regulate the use of public
appropriation and properties unless specific authority is vested upon them by Congress.
settlement by
homestead land other
laws.
PROPERTY OF PRIVATE OWNERSHIP

This refers to all property belonging to private persons either individually or

CONVERSION OF PROPERTY OF PUBLIC DOMINION TO collectively and those belonging to the State and any of its political
PATRIMONIAL PROPERTY subdivisions which are patrimonial in nature.

a. Formal declaration by the legislative department of the government

that the property of the State is no longer needed for public use or for
public service. Otherwise, the property continues to be of public
dominion notwithstanding the fact that it is not actually devoted for
such use or service.
b. In case of political subdivisions, the conversion must be authorized
by law
PUBLIC
LOCAL
1. Property for public use: provincial roads, city streets, squares,
fountains, public waters, promenades, public works for public service
paid for by such political subdivision.
2. Patrimonial property: used by the political subdivision as a juridical
person in its private capacity (e.g. property acquired through escheat
proceedings, tax sales). It is the property which the unit has the same
rights, and of which it may dispose, to the same extent as private
individuals according to laws and regulations on the procedure
of exercising such rights. Hence, it is subject to the principles on
private properties (e.g. subject to prescription.
PROVISIONS COMMON TO THE THREE
PRECEDING CHAPTERS
Whenever the word “muebles” or “furniture, is used
alone, it shall not be deemed to include money,
credits, commercial securities, stocks and bonds,
jewelry, collections (scientific or artistic), books,
medals, arms, clothing, horses or carriages and their
accessories, grains, liquids and merchandise, or
other things which do not have as their principal
object the furnishing or ornamenting of a building
EXCEPT when the contrary intention appears.
OWNERSHIP
Definition: The independent right of a person to the exclusive enjoyment
and control of a thing including its disposition and recovery subject only to
the restrictions established by law and the rights of others.
Objects: Ownership may be exercised over THINGS or RIGHTS.
Attributes of ownership:
1. Right to enjoy – includes right to use and enjoy (jus utendi), right to
the fruits (jus fruendi), right to accessories (jus accessiones) and right
to consume by use (jus abutendi), within the limits prescribed by law;
includes the right to exclude any person from the enjoyment and
disposal thereof.
µ Jus accessiones: The ownership of property gives the right by accession
to everything which is produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
Right to possess: the right to hold a thing or enjoy a right; It may be
exercise in one’s own name or in the name of the other; possession may be
in the concept of an owner or a mere holder with the ownership pertaining
to another; right to possess does not always include the right to use.
2. Right to dispose – (jus disponendi) the power of the OWNER to
alienate, encumber, transfer and even destroy the thing owned, totally
or partially, within the limits prescribed by law; includes right not to
dispose.
3. Right of action – (jus vindicandi) given by the law to the person
whose property has been wrongfully taken from him against any person
unlawfully detaining it even if the possession of the latter has been
legalized by conveyance, either to recover damages or the possession
of the property; the right of action can be transferred.
µ However, the person who claims the he has a better right to the property
must prove (burden of proof) his title thereto. Accordingly, a person in
peaceful possession of property must be respected in his possession until a
competent court rules for his ouster.
ACTIONS FOR POSSESSION
1. Ejectment cases:
a. Forcible entry – A person deprived of the possession of any land or
building by force, intimidation, stealth, threat and strategy (FISTS).
b. Unlawful detainer – Any landlord, vendor, vendee or other person
against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold
possession by virtue of any contract, express or implied.
Period to file action: Within 1 year after such unlawful deprivation or
withholding of possession, commencing from the time of last demand (oral
or written; direct or indirect) to vacate. No demand is necessary for a lessee
to vacate when it is specifically provided for in the agreement.
Prayer: for the restitution of possession, with damages and costs. However,
the only damages that can be recovered in an Ejectment suit are the fair
rental value or the reasonable compensation for the use and occupation of
the real property. Other damages must be claimed in an ordinary action.
The defendant, however, may set up a counterclaim for moral damages
and recover it if it is within the jurisdiction of the court.
Jurisdiction: MTC (summary proceedings). Whatever the amount of
plaintiff’s damages will not affect the court’s jurisdiction.
Issue: Physical possession. The decision in such action is res judicata in
the question of possession.
µ Sublessees are bound by the judgment rendered against the lessee in an
ejectment case even if they were not made parties thereto.
2. Accion publiciana (plenary action): whenever the owner is
dispossessed by any other means (e.g. possession is due to tolerance
of the owner) other than FISTS, he may maintain this action to recover
possession without waiting for the expiration of 1 year before
commencing this suit. It may also be brought after the expiration of 1
year if no action had been instituted for forcible entry or unlawful
detainer.
3. Accion reinvindicatoria: action for recovery of dominion over the
property as owner.
µ This action should be filed in case of refusal of a party to deliver
possession of property due to an adverse claim of ownership.
µ A suit to recover possession of a parcel of land as an element of
ownership is a reinvindicatory action.
4. Writ of possession: A writ of possession is improper to eject
another from possession except in the following cases:
a. After the land has been registered under the Torrens system of
registration.
b. Extrajudicial foreclosure of mortgage.
c. Judicial foreclosure of mortgage provided that the mortgagor has
possession and no 3rd party intervened.
d. Execution sales.
5. Writ of injunction: injunction is not a proper remedy for the
recovery of possession. But where the plaintiff is admittedly the owner
of the property, and is in possession thereof, he is entitled to the
equitable remedy of injunction to prevent or restrain acts of trespass
and illegal interference by others with the possession of the property.
RIGHT TO ENCLOSE OR FENCE: Every owner may
enclose or fence his land or tenements by any
reasonable means subject to the right of others to
existing servitudes imposed on the land or tenement.
RIGHT TO SPACE, SUBSOIL, AND SURFACE
RIGHTS OF A LAND OWNER: The owner of a
parcel of land is the owner of its surface and of
everything under it, and he can construct thereon any
works or make any plantations and excavations
which he may deem proper, without detriment to
servitudes and subject to special laws and
ordinances. He cannot complain of the reasonable
requirement of aerial navigation.
µ Economic utility: The right of the landowner
extends to the space and subsoil as far as necessary
for his practical interests, or to the point where it is
possible to assert his dominion; beyond these limits,
he would have no legal interest.
µ The right of the owner of a parcel of land to
construct any works or make any plantations and
excavations on his land is subject to:
a. Existing servitudes or easements.
b. Special laws.
c. Local ordinances.
d. The reasonable requirements of aerial
navigation.
e. Rights of third persons.
Regalian doctrine: All minerals and other natural
resources found either in public or private lands are
owned by the State.
 DISPUTABLE PRESUMPTION OF 3. Those imposed by the grantor of the property on the grantee, either
OWNERSHIP by contract or by last will.
4. Those imposed by the owner himself, such as voluntary easement,
Requisites: mortgage, pledge and lease.
1. There must be actual (physical or material) 5. Those arising from conflicts of private rights such as those which
possession of the property. take place in accession continua or those caused by contiguity of
2. The possession must be under claim of property.
ownership. 6. Prohibition against the acquisition of private lands by aliens.
µ Hence, the true owner must resort to judicial
process for the recovery of the property. OBLIGATION TO RESPECT THE RIGHTS OF OTHERS: The owner of a
thing cannot make use thereof in such a manner as to injure the rights of a
REQUISITES FOR ACTION TO RECOVER 3rd person.
µ This is based on the police power of the State.
1. Identity of the property. µ It does not apply where the owner of a thing makes use of it in a lawful
2. Strength of plaintiff’s title (proof of manner for then it cannot be said that the manner of the use is such “as to
ownership). injure the rights of a third person”.
µ Evidence to prove ownership: ownership may RIGHT TO SPACE, SUBSOIL, AND SURFACE RIGHTS OF A LAND
be proved by any evidence admissible in law. OWNER: The right of the owner of a parcel of land to construct any works
a. Torrens title. or make any plantations and excavations on his land is subject to:
b. Title from the Spanish Government. a. Existing servitudes or easements.
c. Patent duly registered in the Registry of b. Special laws.
Property by the grantee. c. Local ordinances.
d. Deed of sale. d. The reasonable requirements of aerial navigation.
e. Long possession. e. Rights of third persons.
µ Tax declarations are not conclusive proof of µ If the prohibition is to alienate the property is perpetual, it is considered as
ownership. However, when coupled with void. The maximum period of inalienability, when imposed by will, is 20
possession for a period sufficient for prescription, years, unless a fideicomissary substitution has been established. The same
they become strong evidence of ownership. Also, principle, by analogy, can apply to any other gratuitous disposition such as
the failure of a person to declare land for taxation donation, unless the donor provides for reversion (Art. 757), in which case,
may be admitted to show that he is not the owner a longer period may be allowed.
thereof. µ In mortgage contracts, a stipulation forbidding the owner from alienating
the property mortgaged is void (Art. 2130).
µ Where the stipulation on inalienability is valid, the property is NOT subject
LIMITATIONS ON THE RIGHT OF to attachment. Otherwise, the prohibition to alienate would be illusory.
OWNERSHIP

1. Those imposed in general by the State in the exercise of the power
of taxation, police power, and power of eminent domain.
2. Those imposed by law such as legal easements and the
requirement of legitime in succession.
PRINCIPLE OF SELF – HELP
Who may avail? The OWNER or LAWFUL POSSESSOR of a thing.
Right involved: RIGHT TO EXCLUDE any person from the ENJOYMENT
and DISPOSAL thereof.
Self-help: For this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened UNLAWFUL physical
invasion or usurpation of his property.
Requisites of self-help:
1. Owner must be lawful possessor.
2. Owner must use only reasonable force.
3. There must be actual or threatened physical invasion or usurpation.
4. Can only be exercised at the time of an actual or threatened
dispossession or immediately after the dispossession has taken place.
µ The actual invasion of property may consist of a mere disturbance of
possession or of real dispossession. In the first case, the force may be
used as long as the disturbance continues. In the second case, the force to
regain possession can be used only immediately after the
dispossession. Once the usurper’s possession has become firm by lapse of
time, the lawful possessor must resort to the competent authority to recover
his property.
µ The principle of self defense in the RPC covers not only defense of a
man’s person but also extends to his rights including the right of property.
ü Self-help doctrine is MODIFIED by the principle of state of necessity, and
the condemnation of property through the exercise of State powers
(eminent domain and police power).
STATE OF NECESSITY
The owner of a thing has no right to prohibit the interference of another with
the same, if the interference is necessary to avert an imminent hanger, and
the threatened damage, compared to the damage arising to the owner from
the interference, is much greater.
ü State of necessity prevails over the principle of self-help.
Right of the owner: Demand from the person benefited indemnity for the
damage to him. Exception: Tolentino – If the owner of the property causing
the danger would have been responsible for damages if the danger had not
been averted (e.g. to prevent inundation, demolition of a dam constructed
without authority. The owner of the dam need not be indemnified).
Requisites:
1. The interference is necessary.
2. The damage to another is much greater than the damage to the
property.
µ The seriousness or gravity of the danger must be much greater than the
damage to the property affected or destroyed by the protective act.
µ Danger to life is always greater than damage to property.
µ If through an error, one believed himself to be in a state of necessity, or
used excessive means, his act would be illicit, and the owner of the
property can use the principle of self-help.
µ The law does not require that the person acting in a state of necessity be
free from negligence in the creation of the threatened danger.
EXERCISE OF STATE POWERS
EMINENT DOMAIN: No person shall be deprived of his property except by
competent authority and fro public use and always upon payment of just
compensation.
Should this requirement be not complied with, the courts shall protect and,
in proper cases, restore the owner in his possession.
POLICE POWER: When any property is condemned or seized by
competent authority in the interest of health, safety or security, the owner
thereof shall not be entitled to compensation, unless he can show that such
condemnation or seizure is unjustified.
Requisites:
1. The interest of the public in general, as distinguished from those of a
particular class, requires such interference.
2. The means employed are reasonably necessary for the
accomplishment of a purpose, and not unduly oppressive upon
individuals.
 RIGHTS TO HIDDEN TREASURE
RIGHT OF ACCESSION
Concept: Treasure consists of money, jewels, or other precious objects
which are hidden and unknown, such that their finding is a real discovery. Definition: The right of the owner of a thing, real or personal, to become
the owner of everything which is produced thereby, or which is incorporated
Rules: or attached thereto, either naturally or artificially.
a. The treasure belongs to the owner of the land if he is the finder.
b. The finder is entitled to 1/2 if he is not the owner of the land, provided ACCESSION ACCESSORY
the discovery is by chance. The fruits of, or additions Things joined to, or
c. If the finder is a trespasser, he shall not be entitled to any share of the to, or improvements included with the
treasure. upon, a thing (the principal thing for the
d. If the things found be of interest to science or the arts, the State may principal) in its three latter’s embellishment,
acquire them at their just price, which shall be divided equally among forms of building, better use, or
the land owner and the finder. planting and sowing. completion.
e. “By chance” means by good luck; there must be no purpose or intent Not necessary to the The accessory and the
to look for treasure. If it does, the finder, who is not the land owner, principal thing. principal must go
becomes a trespasser. together.
f. The Code Commission do not preclude a finder who hunts for Both can exist only in relation to the principal.
hidden treasure; But the one who looks for hidden treasure on the
property of another should have the latter’s permission, since a µ Since the law itself gives the right, accession may, in a sense, be
trespasser is not entitled to any share in the hidden treasure he may considered as a mode of acquiring property under the law.
find.
g. If the land owner gave his permission to the treasure hunter, the Kinds of Accession
latter is entitled to 1/2 because this is still a case of “by chance”.
h. The rule is different if the finder is unaware of the hidden treasure 1. Accession discreta – extension of the right of ownership to the
and he was commissioned by the land owner to look for treasure. If the products of a thing.
finder was so ordered by the owner, his only right is to be paid his µ Based on the principle of justice for it is only just that the owner of a thing
salary, unless a contrary intention appears in the agreement. should also own whatever it produces.
i. If the finder is a lessee or usufructuary, the latter gets 1/2; if found by
another person other than the lessee or usufructuary, 1/2 goes to him Divisions: Natural fruits, industrial fruits, and civil fruits.
and 1/2 goes to the owner of the property on which it was found.
j. With respect to the term “other precious objects” it would refer only 2. Accession continua – the acquisition of ownership over a thing
to movables which are similar to money or jewelry (ejusdem generis incorporated to that which belongs to the owner.
rule); they include things of interest to science or the arts. µ Based on convenience, necessity and utility, for it is more practical that
k. The deposit must be “hidden and unknown”, since if the treasure is the owner of the principal should also own the accessory instead of a
purposely hidden, the owner may recover it from the finder unless he co-ownership.
has abandoned the property or considered it lost without hope of ever
finding it. a. With respect to real property, it may either be.
l. Where the things discovered do not qualify as hidden treasure, the I. Accession industrial (building, planting, sowing).
rules on occupation would apply.
 II. Accession natural (alluvium, avulsion/by force of river, Natural fruits:
change of river course, and formation of islands). a. The spontaneous products of the soil.
b. With respect to personal property, it may be: b. The young and other products of the soil.
I. Conjunction or adjunction. µ Under the rule partus sequitur ventrem, to the
II. Commixtion or confusion. owner of female animals would also belong the
III. Specification young of such animals although this right is lost
when the owner mixes his cattle with those of
Basic principles on accession: another.
a. The owner of a thing owns the extension or increase of such thing.
b. Accessory follows the principal. Industrial fruits – The products of lands of any
c. The incorporation of the accessory with the principal is effected only kind which are produced through cultivation or
when two things are so united that they cannot be separated without labor.
injuring or destroying the juridical nature of one of them. µ Standing trees are not fruits since they are
considered immovables although they produce
fruits themselves. However, they may be
ACCESSION DISCRETA considered as industrial fruits when they are
RIGHT OF OWNER TO THE FRUITS cultivated or exploited to carry on an industry.

Fruits: include all the products of things, the benefits from rights, and the Civil fruits:
advantage derived from the use of a thing. a. Rents of buildings.
b. Prices of leases (rents) of lands and other
Divisions: Natural fruits, industrial fruits, and civil fruits. property (including movables).
c. Amount of perpetual or life annuities or
General rule: All fruits belong to the OWNER of a thing. other similar income.
µ The fruits may either be in the form of damages suffered by the owner of
a land. Payment of Expenses: He who receives the fruits has the obligation to
pay the expenses made by a third person in their production, gathering and
Exceptions: preservation.
1. Possessor in good faith.
2. Usufructuary. Expenses covered:
3. Lessee. 1. Dedicated to the annual production, and not for the improvement of
4. Pledgee. the property.
5. Creditor in Antichresis. 2. Not unnecessary, excessive, of for pure luxury.
3. Required by the condition of the work or the cultivation made.

µ This rule may apply where the owner of the property recovers the same
from a possessor who has not yet received the fruits although they may
have already gathered or harvested.
µ The rule is in keeping with the principle on unjust enrichment.
Effect of bad faith:
a. If the fruits have not yet been gathered at the time the owner
recovers possession from a possessor in bad faith, he does not have to
pay for production expenses since a possessor in bad faith loses that
which has been planted or sown, without right to any indemnity
whatsoever, except for necessary expenses of preservation.
µ The land owner acquires the fruits by accession.
b. If the fruits are already severed or gathered, and are ordered turned
over to the owner of the land by the possessor in bad faith, the latter is
entitled to be reimbursed and may deduct his expenses of cultivation,
gathering and preservation.
µ Even where such expenses exceed the value of the fruits, the owner must
pay the expenses just the same because the law makes no distinction.
µ Moreover, he who is entitled to the benefits and advantages must
assume the risks and losses, the owner, however, may free himself of the
expenses by permitting the possessor to complete the harvesting and
gathering of the fruits for him.
WHEN NATURAL AND INDUSTRIAL FRUITS DEEMED TO EXIST: Only
such as are manifest or born are considered as natural or industrial fruits.
With respect to animals, it is sufficient that they are in the womb of the
mother, although unborn.
µ Civil fruits are easily prorated for they are deemed to accrue daily and
belong to the possessor in good faith in that proportion.
ACCESSION CONTINUA (INDUSTRIAL)
IMMOVABLE PROPERTY
BUILDING, PLANTING, SOWING
General Rule: Whatever is built, planted or sown on the land of another
and the improvements or repairs made thereon belong to the owner of the
land.
µ The owner of the land must be known, otherwise no decision can be
rendered on the ownership of the thing planted, built or sown until a
hearing shall have been accorded to whosoever is entitled thereto.
Presumption: All works, sowing, and planting are presumed made by the
owner and at his expense, unless the contrary is proved.
a. The works were made by the owner – based on positive law; a land
naturally has an owner and the law accordingly presumes that he made
the works, sowing or planting.
b. They were made at the owner’s expense – as a general rule. It
cannot be said that one who builds, plants or sows on another’s land
will do so at his expense but for the benefit of the owner; hence, it must
be presumed that what is built, planted or sown is done at the expense
of the owner although the one who did so was a third person.
RIGHTS WHERE THE LAND OWNER MAKES USE
OF THE MATERIALS BELONGING TO ANOTHER
IN PLANTING, CONSTRUCTING OR WORKING
Both parties in good faith: The land owner becomes the owner of the
materials but shall pay their value; However, the owner of the materials
shall have the right to remove them but only in case he can do so without
injury to the plantings, constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials; OR
b. Removal of the materials if the same can be done without injury to
the plantings, constructions or work.
Land owner in bad faith and owner of the materials in good faith: He
becomes the owner of the materials but he shall be obliged to pay their
value plus reparation for damages; However, the owner of the materials
may remove them even if the removal may cause injury to the plantings,
constructions or work.
Hence, the owner of the materials is entitled to:
a. Reimbursement for the value of the materials plus reparation for
damages; OR
b. Removal of the materials whether or not injury could be caused plus
reparation for damages.
Landowner in good faith and the owner of materials in bad faith: The
latter would be liable for any consequential damages, without right of
removal.

Both parties in bad faith: They shall both be treated as being in good
faith.
µ The owner cannot offer to return the materials instead of paying their
value; Nevertheless, if the materials have not been damaged or
transformed and can be returned in their original condition, the landowner
may do so at his expense, even without the consent of the owner of the
materials.
What is bad faith?
On the part of the land owner: If he knew that he had no right to make use
of such materials.
On the part of the owner of the materials: If the materials were used by
another in his presence, with his knowledge and forbearance, and without
opposition on his part.
RIGHTS OF BUILDER, SOWER OR PLANTER
(BSP) WHERE THE CONSTRUCTION,
PLANTING OR SOWING IS MADE IN A LAND
BELONGING TO ANOTHER
BOTH PARTIES IN GOOD FAITH
µ It is the owner of the land who is allowed to exercise the option because
his right is older and because by the principle of accession, he is entitled to
the ownership of the accessory thing.
The landowner is given an option, either:
a. To appropriate the improvement as his own upon payment of the
required indemnity: necessary and useful expenses; luxurious
expenses shall not be refunded but may be removed if the same can be
done without injury to the principal, unless the land owner gives refund
thereof;
Hence, the BSP is entitled to:
I. Reimbursement for the value of the improvement; AND
II. Reimbursement for necessary and useful expenses; luxurious
expenses shall not be refunded but may be removed if the same can
be done without injury to the principal, unless the land owner gives
refund.
µ The obligation to pay indemnity is a personal obligation. Hence, as a rule,
cannot be transferred.
Right of retention: Only the BSP in good faith may retain both the land
and the improvements even against the real owner until the indemnity has
been paid in full by the landowner who has elected to appropriate the
improvements. Consequently, the land owner has no right to demand
payment of rents for the occupation of the land.
µ Where the improvements have been destroyed by a fortuitous event
without the fault of the landowner, the right of retention is extinguished;
hence, there is no other recourse for him but to vacate the premises and
deliver the land to its owner.
µ During the period of retention, the BSP is not necessarily a possessor in
good faith. Hence, if he receives fruits from the property, he is obliged to
account for such fruits, so that the amount thereof may be deducted from
the amount of indemnity to be paid to him by the owner of the land.
b. OR, To oblige the sower to pay the proper rent, and the builder or
planter to pay the price of the land unless the value of the land is
considerably more than what has been built or planted. In the latter
case, the builder or planter shall pay reasonable rent, unless the owner
appropriates the improvement.
µ In the event of the failure of the builder or planter to pay after the land
owner opted to sell the land, the latter is entitled to removal of the
improvement.
c. In case the BSP is required to pay reasonable rent, a lease
relationship is created. In case the parties cannot agree on the terms of
the lease, the Court shall fix such terms.
µ The improvements herein must be of a permanent character. Otherwise,
there is no accession and the builder or planter must remove the
construction.
µ In case of eminent domain, land owner cannot exercise option “a”.
µ In case there is a contractual relation, the provisions of such agreement 2. He may be required to recover or demolish the work in order to
shall be followed; the mentioned rules apply even if the land owner is the replace things in their former condition at his own expense.
government. 3. He may be compelled to pay the price of the land, and in the case of
the sower, to pay the rent.
BSP IN BAD FAITH AND LAND OWNER IN GOOD FAITH 4. He is liable for damages.

Rule: He who builds, sows or plants in bad faith on the land of another,
loses what is built, planted or sown without right to indemnity. BOTH PARTIES IN BAD FAITH

As a matter of justice, however, BSP is entitled to reimbursement for
necessary expenses of preservation of the land incurred by him but without
the right of retention.
Effect to the fruits:
a. If the fruits have not yet been gathered, the land owner does not
have to pay for production expenses since a BSP in bad faith loses that
which has been planted or sown, without right to any indemnity
whatsoever, except for necessary expenses of preservation.
µ The land owner acquires the fruits by accession.
Their rights shall be determined as if both acted in good faith.
What is bad faith?
On the part of the land owner: whenever the act was done with his
knowledge and without opposition on his part.
On the part of the BSP: when he builds, sows, or plants, knowing that the
land does not belong to him and he has no right to build, sow or plant
thereon.

b. If the fruits are already severed or gathered by the BSP in bad faith, LANDOWNER IN BAD FAITH BUT BSP IN GOOD FAITH
but they are ordered to be turned-over to the land owner, the former is
entitled to be reimbursement for expenses of cultivation, gathering and The land owner is considered as having made the building, sowing or
preservation. planting, and the BSP shall be considered as the owner of the materials.
Hence, the land owner shall pay the value of the materials plus damages
ALTERNATIVE RIGHTS OF LANDOWNER because of his bad faith. However, the owner of the materials may remove
them even if the removal may cause injury to the plantings, constructions or
1. To appropriate what has been built, sown, or planted in bad faith work.
without any obligation to pay any indemnity except for necessary
expenses for the preservation of the land, plus damages Hence, the BSP is entitled to:
2. To ask the removal or demolition of what has been built, planted or
sown in order to replace things in their former condition at the BSP’s a. Reimbursement for the value of the materials plus reparation for
expense, plus damages. damages; OR
3. To compel the sower to pay the proper rent, and the builder or b. Removal of the materials whether or not injury could be caused plus
planter to pay the value of the land, whether or not the value of the land reparation for damages.
is considerably more than the value of the improvements, plus
damages.
WHERE LANDOWNER, BSP AND OWNER OF
Hence, the BSP in bad faith has the following liabilities: MATERIALS ARE DIFFERENT PERSONS
1. He loses what is built, planted or sown without right to indemnity,
except for necessary expenses.
Owner of materials acted in good faith regardless of the good or bad
faith of the land owner or BSP:
The owner of the materials is entitled to reimbursement for the value of the
materials principally from the BSP because he is the one who made use of
the same, and subsidiarily from the land owner, if the BSP has no property
with which to pay.
Owner of materials acted in bad faith but the land owner and the BSP
are in good faith:
The owner of the materials forfeits his rights thereto without the right to be
indemnified as if he himself built, planted, or sowed in bad faith.
BSP acted in bad faith but Land owner and owner of the materials
acted in good faith:
1. The owner of the materials has not acted in bad faith.
2. The BSP has no property with which to pay.
3. Land owner appropriates the accession to himself.
Right of BSP who pays owner of materials of its value:
The former may seek reimbursement from the land owner for the value of
the materials and labor to prevent unjust enrichment of the landowner at the
expense of the builder; this is true if:
1. The BSP acted in good faith.
2. The owner of the land appropriates the improvement.
GOOD FAITH MAY CO-EXIST WITH NEGLIGENCE: A party guilty of
negligence, irrespective of his good faith, shall be liable for the damage
done in accordance with the rule on culpa aquiliana or quasi – delict.

a. If the land owner appropriates the accession, BSP shall be ACCESSION CONTINUA (NATURAL)
principally liable to the owner of the materials for their value plus IMMOVABLE PROPERTY
damages. In case of insolvency of the BSP, the land owner shall be ALLUVION
subsidiarily liable to the owner of the materials for their value but NOT
for damages for he acted in good faith. BSP is also liable to the owner Definition: It is the increment which lands abutting rivers gradually receive
of the land for damages. as a result of the current of the waters, or the gradual and imperceptible
b. If the land owner elects to have the improvement removed, the addition to the banks of the rivers.
materials will revert to their owner. The latter will be entitled to damages
from the BSP. Requisites:
1. The deposit or accumulation of soil or sediment must be gradual and
Land owner acted in good faith but owner of the materials and BSP imperceptible.
acted in bad faith: 2. The accretion results from the effects or action of the current of the
waters of the river (or the sea).
a. The land owner can exercise his alternative rights. 3. The land where accretion takes place must be adjacent to the bank
b. Since both the owner of the materials and BSP acted in bad faith, of a river (or the sea coast).
they are treated as having both acted in good faith. Hence, the owner of
the materials is entitled to be reimbursed by the BSP. Alluvion Accretion
The act or the process
All acted in bad faith: by which a riparian land
The deposit of soil or to generally and
Their rights shall be the same as though all of them acted in good faith. the soil itself. imperceptively receives
addition made by the
Requisites for the subsidiary liability of landowner for the value of the water to which the land
materials:
 is contiguous. ESTATES ADJOINING PONDS OR LAGOONS
Brought about by The addition or
accretion. increase received by Rule: The owners of estates adjoining ponds or
the land. lagoons do not acquire the land left dry by the
natural decrease of the waters, or loss that
Rule: to the owners of the lands adjoining the banks of rivers belong the inundated by them in extraordinary floods.
accretions which they gradually receive from the effects of the current of the
waters.
ACCESSION CONTINUA (NATURAL)
Rationale of alluvion: IMMOVABLE PROPERTY
AVULSION/BY FORCE OF RIVER
1. To compensate him for the danger of the loss that he suffers
because of the location of his land (for the estates bordering on rivers Definition: It is the accretion which takes place when the current of the
are exposed to floods and other damage produced by the destructive river, creek or torrent segregates from an estate on its bank a known
force of waters). portion and transfers it to another estate, in which case, the owner of the
2. To compensate him for the encumbrances and various kinds of estate to which the segregated portion belonged, retains the ownership
easements to which his property is subject. thereof.
3. To promote the interests of agriculture for the riparian owner is in the
best position to utilize the accretion. Requisites:

µ A riparian owner cannot acquire the addition to his land caused by 1. The segregation and transfer must be caused by the current of a
special/artificial works expressly intended by him to bring about accretion. river, creek, or torrent (or by other forces, e.g. earthquake).
Hence, a riparian owner cannot register accretions to his land constructed
for reclamation purposes. 2. The segregation and transfer must be sudden or abrupt.

µ The alluvion is automatically owned by the riparian owner from the 3. The portion of land transported must be known or identifiable.
moment the soil deposit can be seen. However, it does not automatically
become registered land just because the lot which receives such accretion µ The owner of the estate to which the segregated portion belongs
is covered by a Torrens title. Hence, the alluvial property is subject to preserves his ownership of the segregated portion provided he removes
prescription. (not merely claims) the same within the period of 2 years. Failure to do so
would have the effect of automatically transferring ownership over it to the
µ However, registration under the Torrens system does not protect the owner of the other estate.
riparian owner against diminution of the area of his land through gradual
changes in the course of the adjoining stream. Alluvion Avulsion
The deposit of soil is The deposit it is sudden
µ If the riparian land is subject to easement established by the government, gradual. and abrupt.
the riparian owner has the right to the accretion. The easement does not The deposit of the soil The owner of the
deprive the owner of his ownership. belongs to the owner of property from which a
the property where the part was detached
same was deposited. retains the ownership
 thereof.
The soil cannot be The detached portion
identified. can be identified.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
TREES UPROOTED/BY FORCE OF RIVER
Rule: Trees uprooted and carried away by the current of the waters belong
to the owner of the land upon which they may be case, if the owners do not
claim them within 6 months. If such owners claim them, they shall pay the
expenses incurred in gathering or putting them in a safe place.
Scope: This rule refers to uprooted trees only. If a known portion of land
with trees standing thereon is carried away by the current to another land,
the rule on avulsion governs.
Period to claim: The period for making a claim is 6 months; it is a condition
precedent and not a period of prescription (De Leon).
After a claim is made within six months, an action may be brought within the
period provided by law for prescription of movables.
Payment of expenses for preservation: The original owner claiming the
trees is liable to pay the expenses incurred by the owner of the land upon
which they have been cast in gathering or putting them in a safe place.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
ABANDONED RIVER BED/CHANGE IN THE
COURSE OF RIVER
Rule: River beds which are abandoned through the NATURAL change in
the course of waters ipso facto belong to the owners whose lands are
occupied by the new course in proportion to the area lost.
Requisites:
1. There must be a natural change in the course of the waters of the
river; the law speaks of change of river course such that if a river simply
dries up or disappears, the bed left dry will belong to public dominion;
the river must continue to exist with a new bed.
2. The change must be abrupt or sudden; the change must be more or
less permanent in nature; the change in the river course must leave dry
the old bed and open up a new bed.
µ However, the owners of land adjoining the old bed are given preferential
right to acquire the same by paying the value thereof to promote the interest
of agriculture because the riparian owners of the old course/bed can better
cultivate the same. The indemnification to be paid shall not exceed the
value of the area occupied by the new bed.
µ River beds are part of public domain. In this case, there is abandonment
by the government of its right over the old bed. The owner of the invaded
land automatically acquires ownership of the same without the necessity of
any formal act on his part.
µ “In proportion to the area lost” implies that there are two or more
owners whose lands are occupied by the new bed. Therefore, if only one
owner lost a portion of his land, the entire old bed should belong to him.
ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
NEW RIVER BED WITHOUT ABANDONMENT
Rule: Whenever a river, changing its course by NATURAL causes, opens a
new bed through a private estate, this bed shall become of public dominion.
µ The bed of a public river or stream is of public ownership. If the river
changes its course and opens a new bed, this bed becomes of public
dominion even if it is on private property.
µ The law does not make any distinction whether the river is navigable or
not.
 ACCESSION CONTINUA (NATURAL)
IMMOVABLE PROPERTY
BRANCHING OF COURSE OF RIVER
Rule: Whenever the current of a river divides itself into branches, leaving a
piece of land or part thereof isolated, the owner of the land retains his
ownership thereto. He also retains ownership to a portion of his land
separated from the estate by the current.
b. If the island is in the middle of the river, the island is divided
longitudinally in halves. If the island formed is longer than the property
of the riparian owner, the latter is deemed ipso jure to be the owner of
that portion which corresponds to the length of that portion of his
property along the margin of the river.
c. If a single island be more distant from one margin than from the
other, the owner of the nearer margin shall be the sole owner thereof.

µ The provision does not refer to the formation of islands through accretion,
but refers to the formation of an island caused by a river dividing itself into
branches resulting in: ACCESSION CONTINUA (INDUSTRIAL)
a. Isolation (without being physically transferred) of a piece of land or MOVABLE PROPERTY
part thereof; OR ADJUNCTION OR CONJUNCTION
b. Separation (physical transfer, but not to the point of becoming
avulsion) of a portion of land from an estate by the current Definition: It is the union of 2 movable things belonging to different owners
µ The owner preserves his ownership of the isolated or separated property. in such a way that they form a single object, but each one of the component
µ The law does not make any distinction whether the river is navigable or things preserves its value.
not.
Characteristics:

ACCESSION CONTINUA (NATURAL) 1. There are two movables belonging to different owners.
IMMOVABLE PROPERTY 2. They are united in such a way that they form a single object.
FORMATION OF ISLANDS 3. They are so inseparable that their separation would impair their
nature and result in substantial injury to either component.
Rules:
1. If formed on the seas within the jurisdiction of the Philippines, Kinds:
on lakes, or on navigable or floatable rivers: the island belongs to
the State as part of its patrimonial property. 1. Inclusion or engraftment (e.g. Diamond is set on a gold ring).

µ A navigable river is one which in its natural state affords a channel for 2. Soldadura or soldering (e.g. Lead is united or fused to an object
useful commerce and not such as is only sufficient to float a banca or a made of lead; it is ferruminacion if both the accessory and principal
canoe. objects are of the same metal; and plumbatura if they are of different
metals).
2. If formed in non – navigable and non – floatable rivers:
3. Escritura or writing (e.g. when a person writes on paper belonging to
a. It belongs to the nearest riparian owner, or owner of the margin or another).
bank nearest to it as he is considered on the best position to cultivate
and develop the island. 4. Pintura or painting (e.g. when a person paints on canvas belonging
to another).
5. Tejido or weaving (e.g. when threads belonging to different owners
are used in making textile).
ü Where adjunction involves 3 or more things, the following rules shall also
be applied equitably.
Rules: Sentimental value shall be duly appreciated.
1. ADJUNCTION IN GOOD FAITH: If the union took place without bad
faith, the owner of the principal thing acquires the accessory, with the
obligation to indemnify the owner of the accessory for its value.
Tests to determine the principal in adjunction: In the order of application,
the principal is that:
a. To which the accessory has been united as an ornament or for its
use or perfection (RULE OF IMPORTANCE AND PURPOSE).
b. Of greater value, if they are of unequal values.
c. Of greater volume, if they are of an equal value.
d. Of greater merits taking into consideration all the pertinent legal
provisions applicable as well as the comparative merits, utility and
volume of their respective things.
µ In paintings and sculpture, writings, printed matter, engraving and
lithographs, the board, metal stone, canvas, paper or parchment shall be
deemed the accessory thing.
2. ADJUNCTION IN BAD FAITH: If the union took place in bad faith,
the following rules shall apply:
a. Bad faith on the part of owner of accessory:
I. He shall lose the thing incorporated, AND
II. He shall be liable for damages to the owner of the principal
thing, or the payment of the price, including its sentimental value as
appraised by experts.
III. The principal may demand for the delivery of a thing equal in
kind and value and in all other respects to that of the principal thing,
or the payment of the price, including its sentimental value as
appraised by experts.
b. Bad faith on the part of the owner of the principal:
The owner of the accessory thing is given the option either:
I. To require the owner of the principal thing to pay the value of
the accessory thing, plus damages.
II. To have the accessory thing separated even if it be
necessary to destroy the principal thing, plus damages.
III. The accessory may demand for the delivery of a thing equal
in kind and value and in all other respects to that of the accessory
thing, or the payment of the price, including its sentimental value as
appraised by experts.
c. Both parties in bad faith: their respective rights are to be
determined as though both acted in good faith.
WHEN SEPARATION OF THINGS UNITED
ALLOWED
a. In case of separation without injury, their
respective owners may demand their separation.
b. In case the accessory is much more precious
than the principal, the owner of the accessory
may demand its separation even though the
principal may suffer injury.
c. In case the owner of principal acted in bad
faith.
 ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY a. Their rights shall first be governed by their stipulations.
COMMIXTION OR CONFUSION b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between the 2
Definition: Takes place when two or more things belonging to different owners.
owners are mixed or combined with the respective identities of the c. If the things mixed are of different kind and quality, in the absence of
component parts destroyed or lost. a stipulation, each owner acquires a right or interest in the mixture in
proportion to the value of his material as in co-ownership.
Commixtion/confusion Adjunction
There is a greater degree Union of two movable µ Co-ownership arises when the things mixed are of different kinds or
of interpenetration, and in things in such a way that quality. The expenses incident to separation shall be borne by all the
certain cases, even they form a single object owners in proportion to their respective interests in the mixture.
decomposition of the but each one of the
things which have been component things 3. Mixture caused by an owner in bad faith: The owner in bad faith
mixed. preserves its value. not only forfeits the thing belonging to him but also becomes liable to
pay indemnity for the damages caused to the other owner.
ü Strictly speaking, there is no accession in mixture since there is
neither a principal nor an accessory. 4. Mixture by both owners in bad faith: There is bad faith when the
mixture is made with the knowledge and without the objection of the
Kinds: The mixture may be voluntary or by chance. other owner. Accordingly, their respective rights shall be determined as
though both acted in good faith.
1. Commixtion or the mixture of solid things belonging to different
owners.

2. Confusion or the mixture of liquid things belonging to different
owners.
Rules: Sentimental value shall be duly appreciated.
1. Mixture by will of both the owners or by chance:
a. Their rights shall first be governed by their stipulations.
b. If the things mixed are of the same kind and quality, there is no
conflict of rights, and the mixture can easily be divided between the 2
owners.
c. If the things mixed are of different kind and quality, in the absence of
a stipulation, each owner acquires a right or interest in the mixture in
proportion to the value of his material as in co-ownership.
ACCESSION CONTINUA (INDUSTRIAL)
MOVABLE PROPERTY
SPECIFICATION
Definition: Takes place whenever the work of a person is done on the
material of another, and such material, as a consequence of the work itself,
undergoes a transformation.
1. Worker and owner of the materials in good faith: The worker
becomes the owner of the work/transformed thing but he must
indemnify the owner of the material for its value.
Exception: If the material is more precious or of more value than the
work/transformed thing, the owner of the material may choose:

2. Mixture caused by an owner in good faith or by chance: a. To appropriate the new thing to himself but must pay for the value of
the work or labor, OR
b. To demand indemnity for the material.
2. Worker in bad faith but the owner of the material in good faith:
The owner of the material has the option either:
a. To appropriate the work to himself without paying the maker, OR
b. To demand the value of the material plus damages.
Limitation: The first option is not available in case the value of the work, for
artistic or scientific reasons, is considerably more than that of the material,
to prevent unjust enrichment.
3. Owner of the materials in bad faith but the worker is in good
faith: The owner of the material is in bad faith when he does not object
to the employment of his materials. Accordingly, he shall lose his
materials and shall have the obligation to indemnify the worker fro the
damages he may have suffered (Art. 470 by analogy, Tolentino).
4. Both owners are in bad faith: Their rights shall be determined as
though both acted in good faith.
Adjunction, Mixture, and Specification distinguished:
1. In Adjunction and Mixture, there would be at least two things, while
in the Specification, there may be only one thing whose form is
changed.
2. In Adjunction and Specification, the component parts retain or
preserve their nature, while in Mixture, the things mixed may or may not
retain their respective original nature.
3. In Adjunction and Specification, the principle that ‘accessory follows
the principal’ applies, while in Mixture, co- ownership results.
APPRAISAL OF SENTIMENTAL VALUE:
Sentimental value shall be duly appreciated in the
payment of the proper indemnity in accessions with
respect to movable property.
µ Sentimental value attached to a thing is not always
easy to estimate, as such it may be considered by
the court.
QUIETING OF TITLE
Concept of quieting of title: An action to quiet the title to property or to
remove a cloud thereon is a remedy or form of proceeding originating in
equity jurisprudence which has for its purpose an adjudication that a claim
or title to or an interest in property, adverse to that of the complainant, is
invalid, so that the complainant or his assignees may be forever afterward
free from any danger of hostile claim.
Action to quiet title: A remedy or proceeding which has for its purpose an
adjudication that a claim of title to realty or an interest thereon, adverse to
the plaintiff and those claiming under him may forever be free of any hostile
claim.
What is a cloud on title?
It is a semblance of title, either legal or equitable, or a claim or a right in real
property, appearing in some legal form which is, in fact, invalid or which
would be inequitable to enforce.
REQUISITES FOR EXISTENCE OF CLOUD:
1. The plaintiff in an action to quiet title must have a legal or equitable
title to, or an interest in the real property which is the subject matter of
the action.
µ A legal title may consist in full ownership or in the naked ownership which
is registered in the name of the plaintiff.
µ If the plaintiff has the beneficial interest in the property the legal title of
which pertains to another, he is said to have an equitable title.
µ An interest in property is any interest short of ownership, like the interest
of a mortgagee or a usufructuary.
 c. Petitions for quieting of title should take precedence over ejectment
2. There is an instrument, record, claim, encumbrance or proceeding case to prevent multiplicity of suits.
which is apparently valid or effective.
3. Such instrument is in truth and in fact, invalid, ineffective, or voidable, Property to which action is applicable:
or unenforceable, or has been extinguished or terminated, or has been a. Real property or any interest therein.
barred by extinctive prescription. b. Certain types of personal property (e.g. vessels, motor vehicles,
4. Such instrument may be prejudicial to said title. certificate of stocks) which partake of the nature of real property or are
5. The Plaintiff must return to the defendant all benefits he may have treated to some extent as realty because of registration requirements
received from the latter, or reimburse him for expenses that may have for ownership or transactions.
redounded to the plaintiff’s benefit.
µ The purpose of the action to quiet title is solely to remove the cloud on the Examples/Instances of cloud of title:
plaintiff’s title or to prevent a cloud from being cast upon his title and not to a. An absolute fictitious contract of sale or a sale of simulated
obtain any other benefits. consideration.
b. A sale by an agent without written authority or after expiration of his
Characteristics of a cloud based on defect in instrument: authority.
a. The defect in the instrument is NOT apparent on its face and, c. A forged contract.
therefore, has to be proved by extrinsic evidence. If the instrument is d. A contract of sale or donation which has become imperative
invalid on its face, there is no cloud to speak of for the purpose of an because of non –performance by the vendee or donee of a condition
action to quiet title. precedent.
b. The alleged cloud must be prima facie substantial, and cast a e. A voidable contract.
suspicion on the title or interest to which it is hostile as will injuriously
affect the owner in maintaining his rights.

Apprehended or threatened cloud: The Court has the power to prevent

the casting of a cloud on title to property provided that the cloud is not
merely speculative. Relief is granted if the threatened or anticipated cloud is Action to quiet title Action to remove a
one which, if it existed, would be removed by suit to quite title. cloud
Purpose is to put an end Purpose is the removal
CLOUD DUE TO EXTINGUISHMENT OF RIGHT OR to troublesome litigation of a possible foundation
PRESCRIPTION: When the contract, instrument or other obligation has in respect to the property for a future hostile
been extinguished or has terminated, or has been barred by extinctive involved. action.
prescription, there may also be an action to quiet title or to remove a cloud A remedial action A preventive action to
therefrom. involving a present prevent a future cloud on
Nature of actions to quiet title: adverse claim. the title.
a. These actions are not technically suits in rem, nor are they strictly Plaintiff asserts his own Plaintiff declares his own
speaking, in person, but being against the person in respect of the res, estate and declares title and avers the
wherein the judgment does not extend beyond the property in GENERALLY that source and nature of
controversy, these proceedings acquire a status that may be defendant claims some defendant’s claim, point
characterized as suits quasi in rem. estate in the land, without out its defect, and prays
b. The action may be brought as an independent civil action. defining it, and avers that that it be declared void.
 the claim is without In case of his failure to do so, demolition of the structure at the expense of
foundation, and calls on the owner, or when demolition is not necessary, take measures to insure
the defendant to set forth public safety.
the nature of his claim, so
that it may be determined µ The owner is liable for damages whether or not he had actual knowledge
by decree. of the ruined condition of his building or other construction.

PRESCRIPTIBILITY OF ACTION:
a. An action to quiet title brought by a person who is in possession of
the property is imprescriptible.
b. If the plaintiff is not in possession of the property, he must invoke his
remedy within the proper prescriptive period of ten or thirty years
depending on ordinary or extraordinary prescription.
Related provisions: See Articles 1723, 2190, 2191, 2192.
Rules as to trees: The owner of the tree shall be obliged to remove it
whenever it threatens to fall in such a way as to cause damage to:
a. The land or tenement of another, OR
b. To travelers over a public or private road.

Defenses against quieting of title: In case of his failure to do so, the administrative authorities, in the exercise
a. Prescription. of police power, may order its removal at the expense of the owner.
b. Acquisition by the defendant of the title to the property by adverse
possession. µ The police power of the State includes the power to abate nuisance per
c. Res judicata. se or per accidens. Ruinous buildings and trees in danger of falling are
nuisances per se.
Reliefs:
a. The instrument constituting the cloud is decreed to be surrendered
and cancelled.
b. In case of a cloud which has been cast upon title by alteration in a CO-OWNERSHIP
deed, relief may be awarded by decreeing restoration of the deed to its
original state. Definition: A form of ownership which exists whenever an undivided thing
or right belongs to different persons; As a right, it has been defined as the
PROCEDURE OF QUIETING OF TITLE: The principle of the general law right of common dominion which two or more persons have in a spiritual or
on quieting of title shall apply. Also, it shall be governed by such Rules of ideal part of a thing which is not materially or physically divided.
Court as the Supreme Court shall promulgate.
ü The SC has not yet promulgated the particular rules on the quieting of Requisites/characteristics:
title. a. Plurality of subjects.
b. Unity of object or material indivision.
c. Recognition of ideal or intellectual shares of co-owners which
RUINOUS BUILDINGS AND TREES IN DANGER determine their rights and obligations.
OF FALLING
µ The relationship between and among the co-owners is fiduciary in
Rules as to constructions: The owner has the duty to demolish a building, character and attribute. Hence, each co-owner becomes a trustee for the
or any other construction which is in danger of falling or to repair the same benefit of his co-owners and he may not do any act prejudicial to the
in order to prevent it from falling. interest of his co-owners.
Causes: Co-ownership may arise from –
a. The Law – as in party walls, fences and in the legal conjugal
partnership.
b. Contracts.
c. Succession – when a person dies intestate, leaving his properties
undivided to several heirs, who become co-owners of the inheritance.
d. Fortuitous event or chance – as in cases of commixtion and
confusion caused by accident or chance, and of hidden treasure
accidentally discovered by a stranger on the land of another.
e. Occupancy – when 2 persons catch a wild beast or gather forest
products.
SHARE OF CO–OWNERS IN BENEFITS AND CHARGES: It shall be
proportional to their respective interests in the co-ownership. Any
stipulation in a contract to the contrary shall be void.
µ The article speaks of “stipulation in a contract”. Hence, if the
co-ownership is created other than by a contract (will or donation), the
share of the co–owners need not be proportionate to their respective
interests (DE LEON).
LIMITATIONS ON CO–OWNER’S RIGHT OF USE:
Each co–owner may use the thing owned in common provided he does so:
1. To the purpose for which the co–ownership is intended.
µ To determine the purpose for which the property is intended,
the agreement of the parties should govern. In default of such agreement, it
is understood that the thing is intended for that use for which it is ordinarily
accepted to its nature, or the use to which it has been previously devoted.
µ The purpose of the co-ownership may be changed by agreement,
express or implied.
µ Mere tolerance on the part of the co-owners cannot legalize the change in
the use of a thing from that intended by the parties.
2. Without prejudice to the interests of the co–ownership.
µ A co-owner cannot devote community property to his exclusive use.
µ A co–owner may not convey or adjudicate to himself in fee simple, by
metes and bounds, a determinate physical portion of real estate owned in
common.
3. Without preventing the other co–owners from using it
according to their rights.
µ The co-owners may establish rules regarding their use of the thing owned
in common. In default thereof, there should be a just and equitable
distribution of uses among all the co-owners.
EJECTMENT SUIT:
a. Can be brought by anyone of the co–owners.
µ A co-owner may bring such an action without the
necessity of joining all the other co-owners as
co-plaintiffs because the suit is deemed to be
instituted for the benefit of all.
µ However, if the action is for the benefit of the
plaintiff alone, such that he claims the possession for
himself and not for the co-ownership, the action will
NOT prosper.
b. Action may be brought not only against
strangers but even against a co–owner.
µ The effect of the action will be to obtain recognition
of the co-ownership. The defendant cannot be
excluded because he has a right to possess as a
co-owner, and the plaintiff cannot recover any
material or determinate part of the property.
c. An adverse decision in the action is not
necessarily res judicata with respect to the other
co–owners not being parties to the action, but
they are bound where it appears that the action
was instituted in their behalf with their express or
implied consent.
EXPENSES OF PRESERVATION AND TO TAXES: Each co-owner shall
have a right to compel the other co-owners to contribute to the expenses of
preservation of the thing or right owned in common and to the taxes in
proportion to their interest therein.
µ Expenses of preservation (necessary expenses) include all those which,
if not made, would endanger the existence of the thing or reduce its value
or productivity. They do not imply an improvement or increase.
µ There is no other remedy available against the co-owner who refuses to
pay his share in the expenses of preservation except an action to compel
him to contribute such share.
µ Failure to contribute does not amount to a renunciation of any portion of
share in the co-ownership. The co-owner in default cannot be compelled to
renounce his share therein. Renunciation is a voluntary and free act.
Remedy of a co-owner: Any one of the latter
may exempt himself from this obligation by
renouncing so much of his undivided interest as
may be equivalent to his share of the expenses
and taxes.
Prejudicial renunciation: No such waiver shall
be made if it is prejudicial to the co-ownership.
Illustration: In a building owned in common,
urgent repairs are needed. Otherwise, the
building is going to collapse. A owns 2/3 interest
in the building, and B and C own 1/6 each. If B
and C have each just enough funds equal to 1/6
of the expected expenses for the repair of the
building, and then A renounces in their favor all
his interest in the building, the repair may become
impossible of accomplishment for lack of funds.
The waiver in this case is void. B and C can
proceed to have the building repaired, and A
would still be bound to pay his share of the
expenses, notwithstanding his renunciation.
Rules on renunciation:
a. Total or partial.
b. Expressly made – a tacit renunciation
cannot produce any effect.
c. The renunciation is in reality a case
of dacion en pago; the debt of the co-owner
consisting of his share in the expenses of
preservation and taxes, is paid, not in money,
but in an interest in property.
d. Since the renunciation refers to a portion
equivalent in value to the share of the
renouncing co-owner in an existing debt, it is
only logical that the other co-owners, who
must should the debt of the renouncer in
exchange for the portion being renounced,
should consent thereto.
e. Renunciation refers to existing debts and
NOT to future expenses.
f. Renunciation is a free act; a co-owner 1. Necessary expenses.
may not be compelled to renounce.
g. However, waiver is not allowed if it is µ A co-owner may advance the expenses for preservation. If practicable, he
prejudicial to the co–ownership. is required to give notice to his co-owners of the NECESSITY of the repairs
to be made but he is NOT required to obtain their consent.
Reason: Each co-owner preserves the rights inherent in ownership in
general, and he should not be prejudiced by the negligence of the others by
making it necessary for him to submit to their resolutions, thereby
preventing him from taking the necessary measures to prevent the
destruction of the thing or loss of the right owned in common, although it is
within his power to do so.

µ Neither lack of notice nor fact of opposition to an intended expense for

preservation does not deprive the co-owner who intends to make the
necessary repairs of the right to do so and would not exempt the other co–
owners from the obligation. The resolutions of the majority are binding only
with respect to administration and better enjoyment of the thing and with
respect to expenses to improve or embellish the thing. Accordingly, the will
of one of the co-owners is sufficient authority for making or incurring them.

µ The only effect of failure to give notice of necessity is to place upon the
co-owner who makes the advances the burden of proving the necessity of
the repairs and the reasonableness of the expenses. The co-owners who
were not notified will not be required to contribute to expenses which are
excessive.

µ If due to the opposition of the others, the repairs are not undertaken,
those who opposed such repairs shall pay the losses and damages
suffered by the community.

2. Expenses to improve or embellish are a matter of administration and

NOTICE OF NECESSITY FOR NECESSARY EXPENSES; EXPENSES
FOR ADMINISTRATION AND BETTER ENJOYMENT: Repairs for
preservation may be made at the will of one of the co-owners, but he must,
if practicable, first notify his co-owners of the necessity for such repairs.
Expenses to improve or embellish the thing shall be decided upon by a
majority.
better enjoyment of the thing owned in common. Since they are not
essential to the preservation of the thing owned in common, and can
afford to be delayed, the consent of the majority of the co–owners is
required.
µ Majority: There shall be no majority unless the resolution is approved by
the co-owners who represent the controlling interest in the object of
co-ownership (not numerical superiority).
 Joint ownership or Co-ownership Easement Co-ownership
Tenancy There is in each co – Easement is precisely
Anglo-american law Civil law concept. owner a right of a limitation on the right
concept. dominion over the of dominion.
There is no abstract Each co–owner, whole property and
share ownership by the together with the other over his undivided
joint owners, the rights of is the owner of the share.
the joint tenants being whole undivided thing The right of ownership The right of dominion is
inseparable (as if they are or right but at the same rests solely on each in favor of one or more
one). time of his own ideal every co-owner over a persons and over two
part thereof. single object. or more different
Death of a joint owner Death of a co-owner things.
extinguishes his rights to does not extinguish his
the tenancy. rights to the
co-ownership. Ordinary partnership Co-ownership
Subrogation/survivorship: The heirs of the Can be created only by Can be created by
The surviving joint owner deceased co-owner agreement different causes like
acquires the right succeed to the right law or contract.
pertaining to the pertaining to him. The usual purpose is The usual purpose is
deceased joint owner. for profit. for collective enjoyment
A joint owner cannot A co-owner can and to maintain the
dispose of his share in the dispose of his unity and preservation
tenancy without the undivided share freely. of the thing owned in
consent of the other joint common.
owners. The partnership has a The co-ownership has
Minority of a joint owner The minority of a separate juridical no separate juridical
inures to the benefit of the co-owner cannot be personality. personality.
other joint owners for availed of by the other Can be created for a Co-ownership cannot
purposes of prescription. co-owners as a defense period of more than 10 exist for a period longer
against prescription. years. than 10 years although
renewable.
A partner cannot There is freedom of
transfer his rights to disposition of a
3rd persons without the co-owner’s share.
consent of the others.
Can be extinguished by Death or incapacity of a
the death or incapacity co-owner does not
of one of the partners. extinguished
 co-ownership. R.A. 4726: THE CONDOMINIUM ACT
Distribution of profits is Distribution of charges
subject to stipulations. and benefits is Condominium defined: An interest in real property consisting of a
proportional. separate interest in a unity in a residential, industrial or commercial building
There is mutual There is no mutual and an undivided interest in common, directly or indirectly, in the land on
representation by the representation by the which it is located and in other common areas of the building. A
partners. co–owners. condominium may include, in addition, a separate interest in other portions
of such real property. Title to common areas, including the land, or the
appurtenant interests in such areas, may be held by a corporation specially
formed for the purpose (condominium corporation) in which the holders of
separate interests shall automatically be members or shareholders, to the
DIFFERENT STORIES OF A HOUSE exclusion of others, in proportion to the appurtenant interest of their
BELONGING TO DIFFERENT OWNERS respective units in the common areas.

ü The above form of ownership must be distinguished from a condominium.

Rules: If the titles of ownership do not specify the terms under which they
should contribute to the necessary expenses and there exists no
agreement on the subject, the following rules shall be observed:
1. Main walls, party walls, the roof and other things used in common:
all owners in proportion to the value of the story belonging to each.
2. Floors of story: each owner shall bear the cost of maintaining the
floor of his story.
3. Floor of entrance, front door, common yard and common sanitary
works: all owners pro rata.
4. Stairs from the entrance to the first story: all owners pro rata, with
the exception of the owner of the ground floor.
5. Stairs from the first story to the second story: all owners pro rata,
with the exception of the owner of the ground floor and the first floor;
and so on, successively.
ALTERATIONS: None of the co-owners shall, without the consent of the
others, make alterations in the thing owned in common, even though
benefits for all would result therefrom. However, if the withholding of the
consent by one or more of the co-owners is clearly prejudicial to the
common interest, the Courts may afford adequate relief.
Definition: An act, by virtue of which, a co-owner, in opposition to the
common or tacit agreement, and violating the will of the co-ownership,
changes the thing from the state in which the others believe it should
remain, or withdraws it from the use to which they desire it to be intended;
transformation which change the essence and nature of the thing.
µ An alteration constitutes an exercise of the right of ownership, and not of
mere administration. Hence, alterations must be made by the consent of all
of the co-owners even though the alteration would be beneficial, and not by
a mere majority. The consent may be express or implied as in the case of a
co-owner who knows that the alteration is being made, but does not
interpose any objection thereto. However, the consent given must be
express to entitle recovery or reimbursement for the expenses incurred in
the alteration.

6. Stairs going to the basement: Owner of the basement. µ When the change or alterations merely affect the better enjoyment of the
thing, the agreement of the co-owners representing the majority interest is
sufficient.
µ The co–owner who makes such alteration without the express or implied a special power of attorney. A special power of attorney shall be necessary
consent of the other co–owners acts in bad faith, as a punishment he when the lease of any real property is for a period of more than 1 year.
should:
a. Lose what he spent. µ In this management, the majority of interests control, and their decisions
b. Be obliged to demolish the improvements done. are binding upon the minority. In making these decisions, however, there
c. Be liable to pay for losses and damages the community property or should be a notice to the minority, so that they can be heard, and the
the other co–owners may have suffered. majority will be justified in proceeding without previous consultation with the
d. Whatever is beneficial or useful to the co-ownership shall belong to minority, only when the urgency of the case and the difficulty of meeting so
it. require.

Instances of prejudicial resolution of the MAJORITY:

1. When the resolution calls for a substantial change or alteration of the

common property or of the use to which it has been dedicated by
agreement or by its nature.

RULES FOR ACTS OF ADMINISTRATION AND BETTER ENJOYMENT: 2. When the resolution goes beyond the limits of mere administration,
a. For the administration and better enjoyment of the thing owned in or invades the proprietary rights of the co-owners.
common, the resolutions of the majority of the co-owners shall be
binding. 3. When the resolution exposes the thing to serious danger.

b. There shall be no majority unless the resolution is approved by the 4. When the majority refuses to dismiss an administrator who is guilty
co-owners who represent the controlling interest in the object of the of fraud or negligence.
co-ownership.
µ The administration may be delegated by the co-owners to one or more
c. Should there be no majority, or should the resolution of the majority persons, whether co-owners or not. The powers and duties of such
be seriously prejudicial to those interested in the property owned in administrators must be governed by the rules on agency.
common, the Court, at the instance of an interested party, shall order
such measures as it may deem proper, including the appointment of
administrator.
Characteristics of acts of administration:
RIGHTS OF EACH CO-OWNER:
a. They refer to the enjoyment and preservation of the thing.
1. He shall have full ownership of his part (his undivided interest or
b. They have transitory effects. share in the common property).

c. Alterations which do not affect the substance or form of the thing. 2. He shall have full ownership of the fruits and benefits pertaining
thereto.
µ A lease ceases to be an act of administration and becomes an act of
ownership when it is required to be recorded in the Registry of Property with 3. He may alienate, assign or mortgage his ideal interest or share. The
effect of the alienation or mortgage shall be limited to the portion which
 may be allotted to him in the division upon the termination of the
co-ownership.
4. He may even substitute another person in the enjoyment of his part,
except when personal rights are involved such as his share in a right to
use and habitation.
5. He may by himself extinguish any real right existing on the thing,
such as easement or mortgages, because in everything that is for the
benefit of the community, each co-owner represent all the others.
TERMINATION OF CO–OWNERSHIP: No co-owner shall be obliged to
remain in the co-ownership. Each co-owner may demand at any time the
partition of the thing owned in common.
Causes of termination:
1. By the consolidation or merger in only one of the co-owners of all the
interests of the others.
2. By the destruction or loss or the property co–owned.
3. By acquisitive prescription in favor of a third person or a co–owner
who repudiates the co–ownership.
4. By the termination of the period agreed upon or imposed by the
donor or the testator, or the period allowed by law.
5. By the sale by the co-owners of the thing to a third person and the
distribution of its proceeds among them.
6. By the partition, judicial or extrajudicial, of the respective undivided
shares of the co-owners.
ü Partition shall be governed by the Rules of Court.
µ The mere fact that the partition of the property may affect the usefulness
or value of the whole is not a valid excuse for a refusal to have it partitioned
among the co-owners.
µ An action for partition does not prescribe.
Partition defined: The division between two or more persons of real or
personal property which they own in common so that each may enjoy and
possess his sole estate to the exclusion of and without interference from
the others.
Exceptions to the right of partition:
1. When the co-owners have agreed to keep the thing undivided for a
certain period of time, not exceeding 10 years. This term may be
extended by a new agreement.
µ The excess in 10 years shall be void. When the agreement is that it shall
continue until one co-owner dies, the indivision cannot go beyond 10 years.
If a co-owner dies before 10 years expire, the indivision will cease upon
such death.
2. When the partition is prohibited by the donor or testator for a certain
period not exceeding 20 years.
3. When another co–owner has possessed the property as exclusive
owner and for a period sufficient to acquire it by prescription.
4. When a partition is prohibited by law as when the co-owners cannot
demand a physical division of the thing owned in common because to
do so would render it unserviceable for the use for which it is intended.
µ When the thing is essentially indivisible, the co-ownership may be
terminated in accordance with the following rules:
a. Agreement between the co-owners that the thing be allotted to one
of them who shall indemnify the others.
b. If the co-owners cannot agree, the thing shall be sold and its
proceeds distributed to the co-owners.
5. When from the very nature of the community, it cannot be legally
divided, such as in party walls and the conjugal partnership.
Purpose and effect of partition:
1. It has for its purpose the separation, division and assignment of the
thing held in common among those to whom it may belong; the thing
itself may be divided, or its value.
2. After partition, the portion belonging to each co-owner has been
identified and localized, so that co-ownership, in its real sense, no
longer exists.
Action for partition
Issues:
1. Whether or not the plaintiff is indeed a co–owner.
2. How the property is to be divided between the plaintiff and the
defendant.
How partition is effected:
a. Extrajudicially pursuant to an agreement or by judicial proceedings
under Rule 69 of the Rules of Court.
b. May be effected in consequence of a suit through a settlement
between the parties with the approval of a competent court
µ Where in an action for reconveyance and damages does not specifically
seek partition, it does not preclude the court from considering partition as a
remedy under art. 494
PRESCRIPTION IN FAVOR OF OR AGAINST A b.
CO-OWNER: Prescription does not run in favor of a co-owner or co-heir
against his co-owners or co-heirs so long as he expressly or impliedly
recognizes the co-ownership.
µ Where a co-owner or co–heir repudiates the co-ownership, prescription
begins to run from the time of repudiation. Thus, the imprescriptibility of the
action to demand partition cannot be invoked when one of the co-owners
has claimed the property as exclusive owner and possessed it for a period
sufficient to acquire it by prescription.
µ In order that may prescribe in favor of one of the co-owners, it must be
clearly shown that he has repudiated the claims of the others, and that they
were apprised of his claim of adverse and exclusive ownership, before
prescriptive period begins to run.
Nature of possession of a co–owner: The possession of a co-owner is
like that of a trustee. No one of the co–owners may acquire exclusive
ownership of the common property through prescription for the possession
by the trustee alone is not deemed adverse to the rest. In order that his
possession may be deemed adverse to the others, the
following requisites must concur:
1. That he has performed unequivocal acts of repudiation amounting to
an ouster of the others.
2. Such positive acts of repudiation have been made known to the
others.
3. The evidence thereon must be clear and convincing.
µ Hence, a mere silent possession of the trustee unaccompanied with acts
amounting to an ouster of the cestui que trust cannot be construed as
adverse possession.
Specific acts which are considered acts of repudiation:
a. Filing by a trustee of an action in court against the trust to quiet title,
or recovery of ownership thereof, held in possession by the former.
The issuance of the certificate of title would constitute an open and
clear repudiation of any trust, and the lapse of more than 20 years,
open and adverse possession as owner would certainly suffice to vest
title by prescription.
PARTICIPATION OF CREDITORS AND ASSIGNEES IN THE
PARTICIPATION: The creditors or assignees may take part in the division
of the thing owned in common and object to its being effected without their
concurrence. But they cannot impugn any partition already executed,
unless there has been fraud, or in case it was made notwithstanding a
formal opposition presented to prevent it, without prejudice to the right of
the debtor or assignor to maintain its validity.
Creditors: includes all kinds of creditors, provided they became so during
the existence of the co–ownership.
Assignees: refers to transferees of the interests of one or more of the co–
owners.
Rules:
1. If no notice is given, the partition will not be binding upon the
creditors. The creditors or assignees may question the partition.
2. If notice is given, it is their duty to appear and make known their
position.
3. They cannot impugn a partition already executed or implemented,
unless: 4. Reciprocal warranty for defects of title or quality of the portion
1. There has been fraud, whether or not notice was given, and assigned to a co–owner.
whether or not formal opposition was presented, OR
2. The partition was made notwithstanding a formal opposition POSSESSION
presented to prevent it, even if there has been no fraud.
Concept: The holding of the thing or the enjoyment of a right with the
intention to possess in one’s own right.
THIRD PERSONS: The partition of a thing owned in common shall not
prejudice third persons, who shall retain the rights of mortgage, servitude, Elements:
or any other real rights belonging to them before the division was made. 1. there must be holding or control of a thing or right;
Personal rights pertaining to third persons against the co-ownership shall exception: those cases mentioned in ART.537.
also remain in force, notwithstanding the partition. 2. the holding or control must be with intention to possess.
3. it must be in one’s own right.
µ Third persons refers to all those with real rights or with personal rights
against the co–owners who had no participation whatever in the partition. v possession is characterized by two relations:
Such rights of third persons existing before the division was made are 1. the possessor’s relation to the property itself;
retained by them or remain in force notwithstanding the partition. 2. the possessor’s relation to the world

v form or degrees of possession

LEGAL OR JURIDICAL DISSOLUTION: When the thing is essentially 1. possession without any title whatever – mere holding or possession
indivisible, the co-ownership may be terminated in accordance with the without any right or title at all e.g. thief, squatter;
following rules: 2. possession with a juridical title – possession is predicated on a
a. Agreement between the co-owners that the thing be allotted to one juridical relation existing between the possessor and the owner of the
of them who shall indemnify the others. thing but not in the concept of owner e.g. lessee, usufructuary, agent,
b. If the co-owners cannot agree, the thing shall be sold and its pledgee, trustee;
proceeds distributed to the co-owners. 3. possession with a just title – possession of an adverse claimant
whose title is sufficient to transfer ownership but is defective e.g
µ The sale may be public or private, and the purchaser may be a co-owner when the seller is not the true owner or could not transmit his rights
or a third person. thereto to the possessor who acted in good faith;
4. possession with a title in fee simple – possession derived from the
right of dominion or possession of an owner note: THIS IS THE
OBLIGATIONS OF CO–OWNERS IN PARTITION: HIGHEST DEGREE OF POSSESSION
v nature of possession
1. Mutual accounting of benefits received for the fruits and other 1. as an act – it is simply the holding of a thing or the enjoyment of a
benefits of the thing belong to all the co-owners. right with the intention to possess one’s own right;
2. as a fact – when there is holding or enjoyment, then possession
2. Mutual reimbursement for expenses, for if they share in the benefits, exists as a fact; it is the state or condition of a person having property
they should also share in the charges. under his control;

3. Indemnity for damages caused by reason of negligence or fraud.

3. as a right – refers to the right of a person to that holding or
enjoyment to the exclusion of all others having better right than the
possessor; it may be :
-jus possidendi or right to possession which is incidental to and
included in the right of ownership;
-jus possessionis or right of possession independent of and apart
from the right of ownership
*possession as a fact:
1. a possessor has a right to be respected in his possession, and
should he be disturbed therein, he shall be protected in or restored to
said possession;
2. possession is not a definitive proof of ownership nor is non –
possession inconsistent therewith; possession, however, may create
ownership either by occupation or by acquisitive prescription
v classes of possession
1. possession in one’s own name or in the name of another;
2. possession in the concept of owner or possession in the concept of
the holder;
3. possession in good faith or possession in bad faith
v extent of possession
1. actual possession – is the occupancy in fact of the whole or at least
substantially the whole;
2. constructive possession- is occupancy of part in the name of the
whole under such circumstances that the law extends the occupancy to
the possession of the whole
*DOCTRINE OF CONSTRUCTIVE POSSESSION
- possession in the eyes of the law does not mean that a man has
to have his feet on every square meter of ground before it can be
said that he is in possession;
- the general rule is that the possession and cultivation of a
portion of a tract of land under claim of ownership of all is
constructive possession;
- the exception is in relation to the size of the tract in controversy
with reference to the portion actually in possession of the claimant
note: the doctrine does not apply where the possession is wrongful or the
part allegedly constructively possessed is in the adverse possession of
another
ART.524
NAME UNDER WHICH POSSESSION MAY BE EXERCISED
1. in one’s own name: the fact of possession, and the right to such
possession are found in the same person such as the actual
possession of an owner or a lessor of land;
2. in the name of another: the one in actual possession is without any
right of his own, but is merely an instrument of another in the exercise
of the latter’s possession, such as the possession of an agent, servant
or guard; it may be:
-voluntary as when exercised by virtue of an agreement;
-necessary or legal as when exercised by virtue of law, such as the
possession in behalf of incapacitated person
ART.525
CONCEPT IN WHICH POSSESSION MAY BE HAD
v 2 concepts:
1. possession in the concept of owner:
-takes place when the possessor of a thing or right, by his actions ,is
considered or is believed by other people as the owner, regardless of the
good or bad faith of the possessor;
-it is possession under a claim of owership or title by one who is the owner
himself or one who is not the owner but claims to be and acts as the owner;
2. possession in the concept of holder:
-takes place when the possessor of a thing or right holds it merely to keep
or enjoy it, the ownership pertaining to another person;
-it is possession not under claim of ownership, the possessor
acknowledging in another a superior right which he believes to be of
ownership, whether this be true or not;
*possession in concept of both owner and holder or in neither:
-distinction must be borne in mind between possession of the thing itself
and possession of the right to keep or enjoy the thing;
-rights are possessed in the concept of owner

ART.526
POSSESSOR IN GOOD FAITH AND POSSESSOR IN BAD FAITH
DEFINED
1. possessor in good faith is one who is not aware that there exists in
his title or mode of acquisition any flaw which invalidates it;
2. possessor in bad faith is one who possesses in any case contrary to
the foregoing e.g. he is aware that there exists in his title or mode of
acquisition a flaw which invalidates it
note: the distinction between the two kinds of possession is important
principally in connection with the receipt of fruits and the payment of
expenses and improvements and the acquisition of ownership by
prescription under art. 1127;
-the distinction is immaterial in the exercise of the right to recover under art.
539 which speaks of every possessor;
-the good or bad faith is necessarily personal to the possessor but in the
case of a principal and any person represented by another, the good or bad
faith of the agent or legal representative will benefit or prejudice him for
whom he acts
· requisites for possession in good faith or in bad faith
1. the possessor has a title or mode of acquisition;
2. there is a flaw or defect in said title or mode;
3. the possessor is unaware or aware of the flaw or defect or believes
that the thing belongs or does not belong to him
*”mistake upon a doubtful or difficult question of law” may be the basis of
good faith;
-the phrase refers to honest error in the application of the law or
interpretation of doubtful or conflicting legal provisions or doctrines;
-it is different from ignorance of the law;
-ignorance of the law may only be a basis of good faith in exceptional
circumstances
ART.527
PRESUMPTION OF GOOD FAITH
-the provision does not say that good faith exists, but it is presumed;
-it is just because possession is the outward sign of ownership
e.g of the presumption:
-defendant’s possession of personal property alleged to have been stolen
will be presumed to have been acquired in good faith until that presumption
is overcome by satifactory evidence;
-a purchaser of property at a public auction by the sheriff is a possessor in
good faith although ejected therefrom by a subsequent judgment in favor
of the real owner in the absence of proof of bad faith
ART.528
CESSATION OF GOOD FAITH DURING POSSESSION
-possession which begins in good faith is presumed to continue in good
faith until the possessor acquires knowledge of the facts showing a defect
or weakness in his title
*bad faith begins or good faith is interrupted from the time the possessor
becomes aware that he possesses the thing improperly or wrongfully NOT
from the time possession was acquired;
- in the absence of other facts showing the possessor's
knowledge of defect in his title, good faith is interrupted from the
receipt or service of judicial summons;
- a possessor in good faith is entitled to the fruits only so long as
his possession is not legally interrupted, and so long as his
possession is not legally interrupted, and such interruption takes
place upon service of judicial summons
ART.529
CONTINUITY OF THE CHARACTER OF THE POSSESSION
-the character of the possession is presumed to continue until the contrary
is proved
· other presumptions affecting possession:
- uninterrupted possession of hereditary property (art.533 par.1);
- possession with just title (art.541);
- possession with movables with real property (art.542);
- exclusive possession of common property (art.543);
- continuous possession (art.544);
- uninterrupted possession (art.561);
 - possession during intervening period (art. 1138 [2]) -tradicion constitutum possessorium which happens when the
owner continues in possession of the property alienated not as owner but in
ART.530 some other capacity
OBJECT OF POSSESSION
v subject to the action of will
1. must be susceptible of being appropriated; -occupation has the effect of subjecting things to the action of the
2. need not be susceptible of prescription possessor’s will; the same is true of proper acts and legal formalities;
-the law contemplates a distinct cause of acquiring possession and not
merely an effect; it refers to the right of possession than to possession as a
fact;

*2 kinds of constructive delivery:

-tradicion longa manu which is effected by the mere consent or
CHAPTER 2 agreement of the parties;
ACQUISITION OF POSSESSION -tradicion simbolica which is effected by delivering an object

ART.531 v proper acts and legal formalities

WAYS OF ACQUIRING POSSESSION -refers to acquisition by virtue of a just title;

1. by the material occupation or exercise of a right; ART. 532

2. by the subjection of the thing or right to our will;
3. by proper acts and legal formalities established for acquiring such
right of possession
v material occupation or exercise of a right
1. with respect to things – law requires material occupation as one of
the modes of acquiring possession;
- does not have the juridical and technical sense under art. 712 for
purposes of acquiring ownership, but in its general and material
sense or usual and common meaning
2. with respect to rights – such rights are intangible and
cannot logically be occupied, what is required is the exercise of a right
*the material occupation of a thing as a means for acquiring possession
may take place not only by actual delivery but also by constructive delivery;
*it includes;
-tradicion brevi manu which takes place when one already in
possession of a thing by a title other than the ownership continues to
possess the same under a new title, that of ownership;
BY WHOM POSSESSION ACQUIRED
1. personally or by the same person who is to enjoy it;
2. thru an authorized person or by his legal representative or agent;
3. thru an unauthorized person or by any person without any power or
authority whatever
v acquisition of possession through another
- possession acquired by a person personally or thru another,
may be exercised by him in his own name or in that of another;
- if a person authorized to acquire possession for another acted
beyond his powers, the principal is not bound unless the latter
ratifies the act of acquisition; the exception is when a person
voluntarily manages the property or business of another; in such
case, the stranger’s possession take effect even without ratification
by the owner of the property or business
ART.533
ACQUISITION OF POSSESSION THROUGH SUCCESSION
 - the rights to the succession are transmitted from the moment of ART. 537
the death of the decedent; ACTS WHICH DO NOT GIVE RISE TO POSSESSION
- the effects of the acceptance or repudiation retroact to the
moment of the death of the decedent; -such acts do not affect possession; the true possessor is deemed to have
- if the inheritance is accepted, the possession of the hereditary enjoyed uninterrupted possession
property is deemed transmitted by operation of law to the heir
without interruption and from the moment of the decedent’s death 1. force or intimidation, as long as there is a possessor who objects
- - if the inheritance is validly renounced, the heir is deemed never thereto
to have possessed the same -rule does not apply if possessor makes no objection, withdraws his
objection, or takes no action whatsoever after initially objecting to the
ART.534 deprivation;
EFFECTS OF BAD FAITH OF DECEDENT ON HEIR 2. acts merely tolerated, which do not refer to all kinds of tolerance on
the part of the owner or possessor in view of the use of the word
- the heir shall not suffer the consequences of the wrongful “merely”;
possession of the latter because bad faith is personal to the 3. acts executed clandestinely and without the knowledge of the
decedent and is not transmitted to the heirs; possessor, which mean that the acts are not public and unknown to the
- the heir suffers the consequences of ssuch possession only possessor or owner
from the moment he becomes aware of the flaws affecting the
decedent’s title ART. 538
POSSESSION AS A FACT AT THE SAME TIME IN TWO DIFFERENT
ART.535 PERSONALITIES
ACQUISITION AND EXERCISE OF RIGHTS OF POSSESSION BY
MINORS AND INCAPACITATED PERSONS - “personalities” as used in the provision is not synonymous to
“persons”;
1. possession by persons without capacity – refers to unemancipated - possession as a fact may exist at the same time in two or more
minors and other persons who have no capacity to act as ; distinct personalities but, as a general rule, the law will recognize
2. possession of incorporeal things; only one as the actual or real possessor; the exception is provided
3. acquisition of possession by material occupation – as a general rule, in cases of co – possession (art.484)
acquisition of possession “by the action of our will” and “by the proper
acts and legal formalities” is not applicable to incapacitated persons; v preference of possession:
4. exercise of rights of possession through legal representatives – once
possession of a thing is acquired by such persons, there is born the 1. the present or actual possessor shall be preferred;
right of possession of their legal representatives 2. if there are two possessors, the longer in possession;
3. if the dates of possession are the same, the possessor with a title;
ART.536 4. if all the above are equal, the fact of possession shall be judicially
RECOURSE TO THE COURTS determined, and in the meantime ,the thing shall be placed in judicial
deposit
- the above provision applies to one who believes himself the owner of real
property, if he takes justice in his own hands, he is a mere intruder and CHAPTER 3
can be compelled to return the property in an action for forcible entry EFFECTS OF POSSESSION
ART.539
RIGHTS OF EVERY POSSESSOR
v whether in the concept of the owner or holder, the ff are his rights:
1. right to be respected in his possession;
2. right to be protected in or restored to said possession by legal
means should he be disturbed therein;
3. right to secure from a competent court in an action for forcible
entry the proper writ to restore him in his possession
v remedies of persons deprived of possession
1. forcible entry or unlawful detainer;
2. accion publiciana;
3. accion reinvindicatoria;
4. replevin or manual delivery of personal property
ART. 540
POSSESSION AS BASIS FOR ACQUIRING OWNERSHIP
1. as holder – cannot be the basis of prescription nor possession
acquired through force or intimidation, merely tolerated, or which is not
public and unknown to the present possessor;
2. as equitable mortgage – where the contract entered into was
judicially declared to be actually an equitable mortgage rather than a
contract of sale of a parcel of land, “constructive possession” over the
land cannot ripen into ownership as it cannot be said to have been
acquired and enjoyed it the concept of owner;
3. as claimant under a possessory information title;
4. as claimant under a certificate of title – the rule is well settled that
mere possession cannot defeat the title of a holder of a registered
Torrens title to real property; but the true owner of the property may be
defeated by an innocent purchaser for value notwithstanding the fraud
employed by the seller in securing title;
5. as possessor of forest land – cannot ripen into private ownership;
6. as possessor of a different kind of land – since the subject lot is a
different kind of land, the possession no matter how long will
not confer possessory rights over the same
*tax declarations, assessments, or payment of tax do not prove ownership
of the property nor are even sufficient to sustain a claim for possession over
a land, they are merely an indicum of a claim of ownership
ART. 541
POSSESSOR IN CONCEPT OF OWNER PRESUMED WITH JUST TITLE
-the “just title” does not always mean a document or a written instrument;
-the possessor may prove his title by witness;
-actual or constructive possession under claim of ownership raises the
disputable presumption of ownership
*burden of proving just title
1. the onus probandi is on the plaintiff who seeks the recovery of
property;
2. a person who is not, in fact, in possession cannot acquire
a prescriptive right to a land by the mere assertion of a right therein
*different kinds of title
1. the just title presumed by the provision is title which by itself is
sufficient to transfer ownership without need of possessing the property
for the period necessary for acquiring title by prescription;
-the presumption of just title does not apply in acquisitive prescription;
2. for purposes of prescription, there is just title when the adverse
claimant came into possession of the property thru one of the modes
recognized by law for the acquisition of ownership or other real rights;
3. a colorable title is one which a person has when he buys a thing in
good faith, from one who is not the owner but whom he believes is the
owner;
4. it is to be distinguished from putative title, being one which a person
believes he has but in fact he has not because there was no mode of
acquiring ownership
ART.542
POSSESSION OF REAL PROPERTY PRESUMED TO INCLUDE
MOVABLES
-the provision refers to material possession only of things; rights are not
covered;
-the possession may be in the concept of owner or holder, in one’s own
name or in another’s, or in good faith or bad;
ART. 543
EXCLUSIVE POSSESSION OF PREVIOUS CO –OWNER DEEMED
CONTINUOUS
-the provision speaks of co –possession of a thing, not of co –ownership;
-the effects of the division retroact to the commencement of the co –
possession, but the division shall be without prejudice to the rights of
creditors
v interruption in possession of the thing
- both the benefits and the prejudices that might have
taken place during the co –possession shall attach to each of the
co –participants;
- prescription obtained by a co – pocessor or co –owner shall
benefit the others;
- interruption in the possession of the whole or part of a thing shall
be to the prejudice of all possessors;
- possession is interrupted for purposes of prescription either
naturally (when through any cause it should cease for more than
one year) or civilly (when the interruption is produced by judicial
summons to the possessor; in civil interruption, inly those
possessors served with judicial summons are affected)
note: according to the above provision, interruption must refer to the whole
thing itself or part of it and not to a part or right of a co – possessor;
-in a co – possession, there is only one thing and many possessors, if the
right of a co –possessor is contested, he alone shall be prejudiced; with
respect to the thing , the prejudice shall be against all;
-the reason behind this is that the thing being undivided, it would be unjust
to make the injury to fall on only one co-possessor although only the
possession of a part of the thing may have been interrupted
ART. 544
RIGHT OF POSSESSOR IN GOOD FAITH TO FRUITS RECEIVED
- the fruits of a thing generally belong to the owner but a
possessor in good faith is entitled to the fruits received until good
faith ceases and bad faith begins
note: the right of the possessor in good faith is limited to the fruits, referring
to natural, industrial, and civil fruits; other things belong to the owner of the
land; but the possessor in good faith is liable for reasonable rents being civil
fruits, from the time of the interruption of good faith
v when fruits considered received
1. in the case of natural and civil fruits – considered received from the
time they are gathered or severed;
- fruits gathered before legal interruption belong to the possessor
in good faith;
- if the fruits are still ungathered or unharvested, art. 545 applies
2. in case of civil fruits – their accrual, NOT their actual receipt, shall
determine when they are considered received at the time that good faith
is legally interrupted;
- they are deemed to accrue daily and belong to the possessor in
good faith in that proportion
ART. 545
PROPORTIONATE DIVISION OF FRUITS AN EXPENSES
- the article does not apply when the possessor is in bad faith, the
fruits are civil, or fruits are natural or industrial but they have been
gathered or severed when good faith ceases
- a possessor in bad faith has no right whatsoever to the fruits
gathered or pending except necessary expenses for gathered fruits;
- the article does not apply to civil fruits which are produced daily;
- with respect to fruits already gathered at the time good faith
ceases, art. 544 applies
v sharing of expenses and charges:
 - if there are pending natural and industrial fruits at the time good
faith ceases, the two possessors shall share in the expenses of
cultivation and the charges in proportion to the time of possession;
- under art. 545, the expenses are not shared in proportion to
what each receives from the harvest; in certain cases, unjust
enrichment may result
v option of the owner
- the owner or new possessor who recovers possession has the
option to either:
1. pay the possessor in good faith indemnity for his cultivation
expenses and charges and his share in the net harvest or;
2. to allow instead the possessor in good faith to finish the cultivation
and gathering of the growing fruits in lieu of said indemnity
· refusal of the possessor in good faith for any reason whatsoever to
accept the concession forfeits his right to be indemnified in any manner
v where there are no fruits or fruits less than expenses
- the rule in art. 545 that the expenses shall be borne in proportion
to the period of possession cannot apply;
- if the fruits are merly insufficient, the same should be divided in
proportion to their respective expenses;
- if there are no fruits, each should bear his own expenses
subject to the rights of the possessor in good faith to be refunded
for necessary expenses under art.546, unless the owner or new
possessor exercises his option as mentioned above
ART. 546
GENERAL RULES AS TO EXPENSES
1. possessor in good faith entitled to many rights;
2. possessor in bad faith generally without rights;
v NECESSARY EXPENSES
- are those incurred for the preservation of the thing; seeks to
prevent the waste, deterioration or loss of the thing;
- GOOD FAITH: if possessor is in good faith, he shall be entitled
to be refunded;
- he may retain the thing until he is reimbursed therefor;
- during period of retention he cannot be obliged to pay rent or
damages for refusing to vacate premises forhe is merely exercising
hs right of retention which has the character of a real right
registrable as an encumberance on the certificate of title;
- BAD FAITH: if the possessor is in bad faith, he is entitled
only to a refund without right of retention
· a possessor whether in good faith or bad faith, is not granted the right
of removal with respect to necessary expenses as they affect the
existence or substance of the property itself
v USEFUL EXPENSES
- are expenses which add value to a thing, or augment its
income, or introduce improvements thereon or increase its
usefulness to the possessor, or better serve the purpose for which it
was intended;
- GOOD FAITH: if the possessor is in good faith, he has also the
right of reimbursement and retention, as with regard to necesary
expenses, or he may remove them provided such can be done
without damage to the principal thing;
- the rights of the possessor in good faith are subject to the
superior right of a prevailing party to exercise his option either to
pay the amount of the expenses or the increase in the value of the
thing
- BAD FAITH: if the possessor is in bad faith, he has no right
whatsoever, neither refund nor retention nor removal, regarding
useful expenses;
- Useful expenses incurred during the period of retetion by
a possessor in good faith are to be considered in bad faith;
ART. 547
REMOVAL OF USEFUL IMPROVEMENTS

1. possessor in good faith – right of removal is subject to 2 conditions:
- the removal can be done without damage or injury to the
principal thing;
- the prevailing party does not choose to keep the improvements
by refunding the expenses incurred or paying the increase in value
which the thing may have acquired by reason thereof
· if the two conditions are present, the prevailing party cannot refuse
the possessor’s right to remove but he cannot compel him to remove;
the right is purely potestative; if the first condition is not present and the
prevailing party does nor choose to reimburse the possessor in good
faith, the latter has no right to remove
2. possessor in bad faith – he cannot remove the useful improvement
even if removal is possible without injury to the principal thing; the rule
is different with respect to improvements for pure luxury or mere
pleasure (art.549)
· the useful improvements must have been attached to the principal
thing in a more or less permanent way that their removal would
necessarily cause some damage or injury to the thing;
· the damage must be substantial or one that will cause diminution in
the value of the property
note: injuries which only need ordinary repairs are not covered and the
possessor may remove the improvements; the repairs are at the expense of
the possessor since it is he who is benefitted by the removal
ART. 548
EXPENSES FOR PURE LUXURY OR MERE PLEASURE
- are expenses not necessary for the preservation of a thing nor
do they increase its productivity although they add value to the thing,
but are incurred merely to embellish the thing and for convenience
or enjoyment of particular possessors
1. GOOD FAITH – if the possessor is in good faith, he is not entitled to
refund but may remove the ornaments on 2 conditions:
-the principal thing suffers no damage or injury thereby;
-the successor in possession does not prefer to refund the
amount expended
3. BAD FAITH – the possessor in bad faith has the same rights above
but the owner or lawful possessor is liable only for the value of the
ornaments, in case he prefers to retain them, at the time he enters into
possession
note: neither the possessor in good faith nor the possessor in bad faith is
entitled to reimbursement for luxurious expenses unless the prevailing party
decides to keep the improvements
ART. 549
RIGHTS AND LIABILITIES OF POSSESSOR IN BAD FAITH
1. FRUITS: he is entitled to the fruits;
a. he must reimburse the value of fruits received subject to art. 443;
b. he has no right whatsoever with respect to pending fruits (art. 449);
c. he must reimburse the value of fruits which the legitiamate
possessor could have received subject to art. 443;
2. NECESSARY EXPENSES: he is only entitled to reimbursement
without right of retention’
3. USEFUL EXPENSES: he is entitled to refund and forfeits the
improvements; no right of removal;
4. LUXURIOUS EXPENSES: he is not entitled to refund; he loses the
improvements but he is granted the limited right of removal;
5. CHARGES: he shall share them with the owner or lawful possessor
in proportion to the time of their possession;
6. DETERIORATION OR LOSS: he is always liable, whether due to his
fault or negligence, or due to a fortuitous event
ART.550
COSTS OF LITIGATION OVER PROPERTY
- shall be borne by the possessor of the propery because they
redound to his benefit, the court action being necessary to maintain
his possession;
- “every possessor” refers really to any possessor; it does not
include the prevailing party who succeeds in the possession
ART.551
IMPROVEMENTS CAUSE BY NATURE OR TIME
 - the provision covers all the natural accessions which must follow
the ownership of the principal thing, and generally, all
improvements that are not due to the will of the possessor
ART.552
LIABILITY FOR LOSS OR DETERIORATION
1. possessor in GOOD FAITH:
1. before receipt of judicial summons, a possessor in good faith is
presumed to continue in the same character;
- he is not liable to the owner for damages caused to the property
even if due to his fault or negligence;
1. after receipt of judicial summons, his good faith is converted into
bad faith
2. possessor in BAD FAITH:
-he is liable whether or not the loss or deterioration occurred before or
after receipt of judicial summons and whether or not due to a fortuitous
event
ART.553
IMPROVEMENTS WHICH HAVE CEASED TO EXIST
- having ceased to exist, the owner or lawful possessor who came
too late cannot benefit from them;
- but he is liable for necessary expenses even if the thing for
which they were incurred no longer exists; necesary expenses
are not considered improvements
ART.554
PRESUMPTION OF POSSESSION DURING INTERVENING PERIOD
- the provision contemplates a situation where a present
possessor is able to prove his possession of a property at a prior
period but not his possession during the intervening period;
- he is presumed to have the property continuously without
interruption, unless the contrary is proved
ART.555
MODES OF LOSING POSSESSION
- the provision applies both to real and personal property except
no. 4 which obviously refers to real property
v by abandonment
- the voulutary renunciation of all rights which a person has over
a thing thereby allowing a third person to acquire ownership or
possession thereof by means of occupancy;
- abandoner may be the owner or a mere possessor, but the latter
obviously cannot abandon ownership which belongs to another;
- since abandonment involves the renunciation of property right,
the abandoner must have a right to the thing possessed and the
legal capacity to renounce it;
- there must be an intention to abandon (spes recuperandi is gone
and the animus revertendi is finally given up;
- by voluntary abandonment, thing becomes without an owner or
possessor and is converted into res nullius and may thus be
acquired by a third person by occupation;
- abandonment which converts the thing into res nullius,
ownership of which may be acquired by occupation can hardly
apply to land, as to which said mode of acquisition is not available
v by assignment
- is understood to mean the complete transmission of the thing or
right to another by any lawful manner;
- it may either be onerous or gratuitous;
- the effect is that he who was the owner or possessor is no longer
so
v by destruction, total loss, or withdrawal from commerce
- a thing is lost when it perishes, or goes out of commerce, or
disappears in such a way tht its existence is unknown, or cannot be
recovered
v by possession of another for more than one year
- this refers to possession de facto and not de jure
v by recovery by lawful owner or possessor
 - recovered in an reinvindicatory action or in an action to recover
the better right of possession
ART. 556
LOSS OF POSSESSION OF MOVABLES
1. the possession of movables shall be deemed lost when they cease
to be under the control of the possessor;
2. possession is not lost by the mere fact that the possessor does not
know for the time being the precise whereabout of a specific movable
when he has not given up all hope of finding it
ART. 557
LOSS OF POSSESSION OF IMMOVABLES AND REAL RIGHTS WITH
RESPECT TO THIRD PERSONS
- third persons are not prejudiced except in accordance with the
provisionss of the mortgage law and registration law
ART. 558
POSSESSORY ACTS OF A MERE HOLDER
-the possessor referred in this provision is the same possessor mentioned
in art. 525;
-acts relating to possession of a mere holder do not bind or prejudice the
possessor in the concept of owner unless said acts were previously
authorized or subsequently ratified by the latter;
-possession may be acquired for another by a stranger provided there be
subsequent ratification
ART. 559
RIGHT OF POSSESSOR WHO ACQUIRES MOVABLE CLAIMED BY
ANOTHER
v if the acquisition was in good faith, below are the rules:
1. possession equivalent to a title
DOCTRINE OF IRREINVINDICABILITY provides that possession of a
movable is presumed ownership; it is equivalent to a title; no further proof is
necessary
- the rule is necessary for the purposes of facilitating
transactions on movable property which are usually done without
special formalities;
- the possessor’s title is however not absolute; it is equivalent to
title but not title itself; it is merely presumptive because it can be
defeated by the true owner
2. where owner or possessor has lost or has been unlawfully deprived
of a movable
- right of ownership, a real right;
- it is however necessary in order that the owner of a chattel may
contest the apparent title of the possessor that he present adequate
proof of the loss or illegal deprivation;
- the legitimate owner or possessor should avail himself of the
proper remedy of replevin under the Rules;
- non – payment of price by transferor only creates a right to
demand payment or to rescind the contract, or to criminal
prosecution in the case of bouncing checks
3. where the property was acquired at a public sale – the owner cannot
recover without reimbursing the price paid therefor;
4. the rule is that no one can give what he has not; sale is a derivative
mode of acquiring ownership and the vendee gets only such rights
the vendor had;
*the ff are some exceptions:
- where the owner of the movable is, by his conduct, precluded
from denying the seller’s authority to sell;
- where the law enables the apparent owner to dispose of the
movable as if he were the true owner thereof;
- where the sale is sanctioned by statutory or judicial authority
ART. 560
POSSESSION OF ANIMALS
*animals may be:
- wild;
- domesticated;
- domestic or tame
 - legal;
ART. 561 - voluntary;
LAWFUL RECOVERY OF POSSESSION UNJUSTLY LOST - mixed

- the article applies both to possession in good faith as well as to 3. as to number of usufructuaries:
possession in bad faith, but only if beneficial to the possessor; - simple;
- the recovery of possession must be according to law, that - multiple which may either be :
is ,through legal means or by requesting the aid of competent -simultaneous;
authorities; -successive
- otherwise, the benefit of continuous and uninterrupted 4. as to terms ot conditions:
possession during the intervening period cannot be invoked - pure;
- with a term or period;
- conditional
TITLE VI USUFRUCT 5. as to quality or kind of object:
- of things;
CHAPTER 1 - of rights
USUFRUCT IN GENERAL 6. as to quantity or extent of object
- total;
ART. 562 - partial
USUFRUCT DEFINED 7. as to extent of owner’s patrimony;
- universal;
- a real right , of a temporary nature, which authorizes its holder to - particular
enjoy all the benefits which result from the normal enjoyment
of another’s property, with the obligation to return, at the v impairment of object of usufruct is allowed into:
designated time, either the same thing, or, in special cases, its 1. normal – that which involves non – consumable things which the
equivalent usufructuary can enjoy without altering their form or substance, though
they may deteriorate or diminish by time or by the use to which they are
v characteristics: applied; it is also known as perfect or regular ususfruct;
1. it is a real right; 2. abnormal – that which involves things which would be useless to the
2. it is of temporary duration; usufructuary unless they are consumed or expended
3. it is transmissible;
4. it may be constituted on real or personal property, consummable or
non – consummable, tangible or intangible, the ownership of which is
vested on another *DISTINGUISHED FROM LEASE

v classification 1. as to nature of right – usufruct is always a real right, lease is

1. as to whether or not impairment of object is allowed: generally a personal right;
- normal; 2. as to creator of right – in usufruct, the person creating it should be
- abnormal the owner or his duly authorized agent, while in lease, the lessor may
not be the owner;
2. as to origin:
3. as to origin – usufruct may be created by law, contract, or will of the - over rights
testator or by prescription, while lease is generally created by contract;
4. as to extent of enjoyment – usufruct covers all the fruits and all the ART. 565
uses and benefits of the entire property, while lease generally refers to RULES GOVERNING USUFRUCT
certain uses only; - art. 563;
5. as to cause – usufruct involves a more or less passive owner who - arts. 566 – 612
allows the usufructuary to enjoy the object given in usufruct, while lease
involves a more active owner or lessor who makes the lessee to enjoy;
6. as to repairs and taxes – the usufructuary pays for ordinary repairs
and taxes on the fruits, while in lease, the lessee is not generally
under obligation to undertake repairs or pay taxes

ART. 563
CREATION OF USUFRUCT

v usufruct may be classified according to how it is created into: CHAPTER 2

1. legal – created by law or declared by law; RIGHTS OF THE USUFRUCTUARY
2. voluntary – created by the will of the parties;
3. mixed – that acquired by prescription; it is mixed because both the ART.566
law and the volition of the person(usufructuary) participate in its RIGHTS OF THE USUFRUCTUARY
creation
v classifications of the rights of the usufructuary
ART. 564
KINDS OF USUFRUCT DEFINED 1. as to the thing and its fruits

1. as to extent of object: a. to receive the fruits of the property in usufruct and half of the hidden
- total – constituted on the whole of a thing; treasure he accidentally finds in the property;
- partial – constituted only on a part of a thing; b. to enjoy any increase which the thing in usufrucyt may acquire
through accession;
2. as to number of beneficiaries: c. to personally enjoy the thing in usufruct or lease it to another;
- simple – there is only one usufructuary; d. to make on the property in usufruct such improvements or expenses
- multiple – there are several usufructuaries, and the latter may he may deem proper and to remove the improvements provided no
be: damage is caused to the property;’
-simultaneously; e. to set – off the improvements he may have made on the property
-successive against any damgae to the same;
3. as to effectivity or extinguishment: f. to retain the thing until he is reimbursed for advances for
- pure – no term or condition; extraordinary expenses and taxes on the capital;
- with a term;
- conditional 2. as to the usufruct itself
4. as to subject matter:
- over things; a. to alienate the right of usufruct except parental usufruct;
b. in a usufruct to recover property or a real right, to bring the action
and to oblige the owner thereof to give him proper authority and
necessary proof;
c. in a usufruct pf part of a common property, to exercise all the rights
pertaining to the co – owner with respect to the administration and
collection of fruits or interests from the property;
3. as to advances and damages
a. to be reimbursed for indespensable extrsordinary repairs made by
him in an amount equal to the increase in value which the property may
have acquired by reason of such repairs;
b. to be reimbursed for taxes on the capital advanced by him;
c. to be indemnified for damages caused to him by the naked owner;
v right of usufructuary to fruits
a. he has the right to receive all the fruits except where the usufruct is
constituted only on a part of the fruits of a thing or where there is an
agreement to the contrary;
b. the naked owner retains and can exercise all rights as owner over
the property limited only by the right of enjoyment of the usufructuary
ART.567
RIGHTS OF THE USUFRUCTUARY TO PENDING NATURAL AND
INDUSTRIAL FRUITS
-the provision does not apply to civil fruits for they accrue daily
1. fruits growing at the beginning of usufruct belong to the usufructuary
who is not bound to refund to the owner the expenses of cultivation and
production incurred ;
2. fruits growing at the termination of the usufruct belong to the owner
but he is bound to reimburse the usufructuary the ordinary cultivation
expenses out of the fruits received
note: the rights of third persons are protected
ART. 568 in relation to ART. 569
LEASE BY THE USUFRUCTUARY
- the usufructuary may lease the property in usufruct to another;
- if the usufructuary should expire before the termination of the
lease, the usufractuary or his heirs and the successors are entitled
only to the rents corresponding to the duration of the usufruct;
- the rents for the remaining period of the lease belong to the
owner;
ART.570
USUFRUCT CONSTITUED ON CERTAIN RIGHTS
- because civil fruits accrue daily, they belong to the usufructuary
in proportion to the time the usufruct lasts;
- payments and benefits accrue after the termination of the
usufruct belong to the owner;
- the date when the benefits accrue determines whether they
should belong to the usufructuary or the owner;
- the article applies whether or not the date of the distribution of
benefits is fixed
ART. 571
EXTENT OF THE RIGHTS OF THE USUFRUCTUARY
- the usufructuary is generally entitled to all the benefits that the
thing in usufruct can give including any increase by accession and
servitudes established in its favor;
- the reason is that usufruct covers the entire jus fruendi and jus
utendi
ART. 572
TRANSACTIONS BY THE USUFRUCTUARY
*the usufructuary may primarily enjoy the thing in usufruct, that is , to
possess the thing, use it, and receive its fruits
- but legal usufruct of the parent over his or her unemancipated
children cannot be alienated, pledged or mortgaged for the right is
personal and intransmissible burdened as it is by important
obligations of the parent for the benefit of the children;
- a usufruct given in consideration of the person of the
usufructuary to last during his lifetime is also personal
and ,therefore, intransmissible

*as a rule, all contracts entered into by the usufructuary shall terminate
upon the expiration of the usufruct or earlier, except rural leases which
continue during the agricultural year
ART. 573
USUFRUCT ON THINGS WHICH GRADUALLY DETERIORATE
- the provision gives an instance of abnormal usufruct because in
the enjoyment of the property the usufructuary cannot preserve its
form or substance;
- here, the thing gradually deteriorates through wear and tear, that
is, by normal use
1. the usufructuary is not responsible for the deterioration due to wear
and tear nor is he required to make any repairs to restore it to its former
condition;
2. the usufructuary is liable for damage suffered by the thing by reason
of his fraud or negligence although such liability may be set – off
against the improvements he may have on the property;
3. the usufructuary does not answer for deterioration due to fortuitous
event; he is however obliged to make the ordinary repairs needed by
the thing
ART. 574
USUFRUCT ON CONSUMABLE THINGS
- the provision speaks of another instance of abnormal usufruct
because the thing in usufruct cannot be used without being
consumed;
- the usufructuary shall have the right to make use of the
consumable thing;
- at the termination of the usufruct, he must:
1. pay its appraised value;
2. if there was no appraisal made, either:
-return the same quantity and quality or;
-pay its current price at such termination
ART. 575 in relation to ART. 576
USUFRUCT ON FRUIT – BEARING TREES AND SHRUBS
- the usufructuary has no obligation to replace with new plants,
the dead trees or shrubs already existing at the beginning of the
usufruct;
- under art. 576, if replacing the trunks could not be “too
burdensome,” the usufructuary must replace them, whether or not
he makes use of them; the disposition of trunks is his responsibility
ART. 577
USUFRUCT ON WOODLAND AND NURSERIES
1. the usufructuary may fell or cut trees as the owner was in the habit of
doing or in accordance with the customs of the place as to manner,
amount and season; in any case he must not prejudice the preservation
of the land;
2. in nurseries, the usufructuary may make the necessary thinnings in
order that the remaining trees may properly grow
ART. 578
USUFRUCT OF JUDICIAL ACTION TO RECOVER
- the provision applies if the purpose of the action is to recover
real property or personal property;
- under the Rules of Court, every action must be brought in the
name of the real party in interest; hence, the action may be
instituted in the name of the usufructuary
ART. 579
WHERE USEFUL OR LUXURIOUS IMPROVEMENTS ARE MADE BY
THE USUFRUCTUARY
- the usufructuary has the right to make improvements, useful or
luxurious, on the property held in usufruct as he may deem proper
· rules:
1. in the exercise of the right, he must not alter the form or substance of
the property;
2. he may remove the improvements only if it is possible to do so
without damage to the property;
3. he has no right to be indemnified for the improvements if he does not
exercise his right to remove;
4. if the improvements cannot be removed without damage, he may se
– off the same against any damage caused by him to the property;
5. if the usufructuary does not wish to exercise his right of removal, the
owner cannot compel him to remove the improvements;
6. if the usufructuary wishes to exercise his right of removal, the owner
cannot prevent him by offering to reimburse him;
7. the usufructuary’s right to remove the improvements includes the
right to destroy them provided no damage is caused to the property;
8. the right to remove is enforceable only against the owner, but not
against a purchaser in good faith to whom clean title has been issued
1. in case a co – owner gives the usufruct of his share to a person, the
usufructuary shall exercise all the rights pertaining to the co –owner
regarding the administration and the collection of the fruits or interest
from the property;
2. the usufructuary shall be bound by the partition made by the owners
of the undivided property although he took no part in the partition but
the naked owner to whom the part held in usufruct has been allotted
must respect the usufruct;
3. the right of the usufructuary is not affected by the division but is
limited to the fruits of said part allotted to the co – owner

ART. 580 CHAPTER 3

RIGHT TO SET – OFF IMPROVEMENTS OBLIGATIONS OF THE USUFRUCTUARY

- the article presupposes that the improvements have increased ART. 583
the value of the property and the damage to the same was caused · classifications of obligations of the usufrcutuary
through the fault of the usufructuary;
- if the damage exceeds the value of the improvements, the 1. those before the usufruct begins:
usufructuary is liable for the difference as indemnity; a. to make an inventory of the property;
- if the value exceeds the damage, he may remove the portion of b. to give security
the improvements representing the excess in value if this can be
done without injury to the property; otherwise the excess in value 2. those during the usufruct:
accrues to the owner;
a. to take care of the property;
b. to replace with the young thereof animals that die or are lost in
ART. 581 certain cases when the usufruct is constituted on the flock or herd of
RIGHTS AND OBLIGATIONS OF THE NAKED OWNER livestock;
c. to make ordinary repairs;
1. he may alienate the property in usufruct because the title remains d. to notify the owner of urgent extraordinary;
vested in him; e. to permit works and improvements by the naked owner not
2. he cannot, however, alter the form and substance of the property or prejudicial to the usufruct;
do anything thereon which may cause a diminution in the value of f. to pay annual taxes and charges on the fruits;
the usufruct or be prejudicial to the rights of the usufructuary g. to pay interest on taxes and charges on the fruits;
h. to pay debts when the usufruct is constituted on the whole of a
ART. 582 patrimony;
USUFRUCT OF PART OF COMMON PROPERTY i. to secure naked owner’s or court’s approval to collect credits in
certain cases;
· a co – owner of property has full ownership of his part and, he may, j. to notify the owner of any prejudicial act committed by third persons;
therefore, alienate, assign, mortgage, or give it in usufruct without the k. to pay for court expenses and costs regarding usufruct
consent of the others except when personal rights are involved
3. those at the termination of the usufruct

a. to return the thing in usufruct to the naked owner unless there is a
right of retention;
b. to pay legal interest for the time that the usufruct lasts, on the
amount spent by the owner for extraordinary repairs and the proper
interest on the sums paid as taxes by the owner;
c. to indemnify the naked owner for any losses due to his negligence or
of his transferees
ART. 584
WHEN OBLIGATION TO MAKE SECURITY NOT APPLICABLE
· the provision contains the legal exceptions to the obligations of the
usufructuary to give security in two cases;
· the exceptions are clearly justified;
· “second marriage” includes any subsequent marriage;
· the donor or the parents are not exempted from the obligation of
making an inventory9
ART. 585
WHEN THE OBLIGATION TO MAKE AN INVENTORY OR TO GIVE
SECURITY EXCUSED
1. where the naked owner renounces or waives his right to the
inventory or security;
2. where the title constituting the usufruct relieves the usufructuary
from the obligation;
3. where the usufructuary asks that he be exempted from the obligation
and no one will be injured thereby
ART. 586
EFFECTS OF FAILURE TO GIVE SECURITY
1. on rights of owners:
- entitles the naked owner for his protection to demand that
immovables be placed under the administration or receivership,
movables sold, credit instruments be converted into registered
certificates or deposited, and cash and profits be invested but the
interest on the proceeds of sale of movables and credit instruments
placed under administration shall belong to the usufructuary;
- the naked owner gets the proceeds of the sale of movables and
credit instruments
2. on the rights of the usufructuary:
- until he gives proper security, the usufructuary cannot enter
upon the possession and enjoyment of the property;
- under art. 599, he may not collect matured credits nor invest
capital in usufruct without the consent of the owner or judicial
authorization;
- the failure to give security, however, does not extinguish the
right of usufruct, hence, the usufructuary may alienate his right to
the usufruct
ART. 587
SWORN UNDERTAKING IN LIEU OF SECURITY
- the provision applies when the usufructuary who is under
obligation to give security cannot afford to do so and no one is
willing to give security for them
· humane considerations;
· the usufructuary must first ask the naked owner to grant him the
rights mentioned, and should the latter refuse, he may resort to the
courts
· with respect to articles with artistic or sentimental value, the owner
may demand their delivery to him if he gives security to the usufructuary
for the payment of the legal interest on their appraised value
ART. 588
RETROACTIVE EFFECT OF GIVING SECUIRTY
- the articke applies where the usufructuary who is required to
give security gives the security after the commencement of the
usufruct;
- failure to give the needed security may deprive the
usufructuary of the right to enjoy the possession of the property in
usufruct;
 - however, once the security is given, he is entitled to all the
proceeds and benefits of the usufruct accruing from the day on
which he should have commenced to receive them
ART. 589
OBLIGATION TO TAKE CARE OF THE PROPERTY
- this is an obligation of the usufructuary during the usufruct;
- it includes the making of ordinary repairs needed by the thing
given in usufruct;
ART. 590
LIABILITY FOR FAULT OR NEGLIGENCE OF SUBSTITUTE
-the liability of the usufructuary is founded on his duty to preserve the form
and substance on the thing in usufruct
ART. 591
USUFRUCT ON A FLOCK AND HERD OF LIVESTOCK
1. usufructuary has the duty to make replacements although the
death of the animals is due to natural causes;
2. under par. 2 there is no duty to replace provided the usufructuary is
without fault;
3. if the animals are sterile, nad ,therefore, they cannot be replaced by
the young thereof, the usufruct shall be treated as constituted on
fungible things, in such case art. 574 applies
ART. 592
OBLIGATION TO MAKE ORDINARY REPAIRS
1. the usufructuary is bound to make the repairs referred to without the
necessity of demand from the owner;
2. the usufructuary is not liable for deterioration resulting from wear
nad tear not due to his fault or negligence unless the deterioration could
have been prevented or arrested by ordinary repairs and he failed to
make them without valuid reason
ART. 593 in relation to ART. 594
DUTY OF OWNER TO PAY FOR EXTRAORDINARY REPAIRS
· the law does not impose an obligation on the naked owner or the
usufructuary to make extraordinary repairs on the property in usufruct; it
is optional for them to make such repairs or not
*the ff are extraordinary repairs:
1. those required by the wear and tear due to the natural use of the
thing but not indespensable for its preservation;
2. those required by the deterioration of or damage to the thing caused
by exceptional circumstances but not indispensable for its preservation;
3. those required by the deterioration of or damage to the thing caused
by exceptional circumstances and are indispensable for its preservation
· payment for extraordinary repairs:
- the rules depend on the kind of extraordinary repairs in the same
sequence above
· the usufructuary, like a possessor in giid faith, has the right of
retention even after the termination of the usufruct until he is
reimbursed for the increase in value of the property caused by
extraordinary repairs for preservation
ART. 595
CONSTRUCTIONS, IMPROVEMENTS, AND PLANTINGS BY OWNER
- any increase in the value of the usufruct due to the
improvements will inure to the benefit of the usufructuary for he is
entitled to the use and fruits of the property;
- the owner has no right to demand legal interest on his expenses
because they were voluntarily incurred by him;
- the owner may even alienate his property or make changes
thereon as long as he does not impair the right of the usufructuary
ART. 596 in relation to ART. 597
LIABILITY FOR CHARGES AND TAXES
1. expenses affecting fruits:
 - usufructuary must pay the annual charges and taxes which are - if the usufruct is universal, the liability of the usufructuary to pay
imposed and, therefore, are a lien upon the fruits during the term of for the mortgage is governed by art. 598;
the usufruct; - since the mortgage is on the property itself, the debt must be
2. land taxes; paid by the owner;
3. taxes levied on the capital: - the usufructuary may mortgage his right of usufruct which is a
- must be paid by naked owner but he has the right to demand real right
from the usufructuary the proper interest on the sums paid
ART. 601
ART. 598 OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL ACTS BY THIRD
WHERE USUFRUCT COVERS ENTIRE PATRIMONY PERSONS

- the provision applies to a universal usufruct or one which covers
the entire patrimony of the owner,a nd at the time of its constitution,
by donation or any other acts inter vivos;
1. where there is a stipulation for the payment by the usufructuary of
the debts of the owner, the former is liable only for debts contracted by
the latter before the constitution of the usufruct;
2. in the absence of a stipulation, the usufruct shall be responsible only
when the usufruct was created in fraud of creditors which is always
presumed when the owner did not reserve sufficient property to pay his
debts prior to the creation of the usufruct
ART. 599
USUFRUCT ON MATURED CREDITS
1. if the usufruct has given sufficient security, he may claim matured
credits forming part of the usufruct, collect them, and use and invest
with or without interest the capital collected in any manner as he ma
ydeem proper;
- the article speaks of any act which may be prejudicial to the
“rights of ownership”, not merely of the “naked ownershio”
ART. 602
OBLIGATION TO PAY FOR JUDICIAL EXPENSES AND COST
- since the expenses, costs and liabilities mentioned are incurred
in connection with litigation over the possession, use and
enjoyment of the thing in usufruct affecting the rights of the
usufructuary, it is just that they are borne by him;
- if the litigation involves only the naked ownership, the owner
should assume them
CHAPTER 4
EXTINGUISHMENT OF USUFRUCT
ART. 603
MODES OF EXTINGUISMENT OF THE USUFRUCT

2. if he has not given security, or that given is not sufficient, or he has 1. by death of the usufructuary;
been excused from giving security, he may collect the credits and invest 2. by the expiration of period or fulfillment of condition;
the capital which must be at interest, with the consent of the naked 3. by merger;
owner or approval of the court 4. by renunciation;
5. by the loss of the thing;
ART. 600 6. by termination of right of owner;
USUFRUCT OF MORTGAGED IMMOVABLES 7. by prescription;
8. other causes – such as emancipation of the child
- under this provision, the usufruct is particular, constituted by will
or by acts inter vivos, whether by onerous or gratuitous title; · a usufruct is not extinguished by bad use of the thing in usufruct
 that he may use it subject to the obligation to return the amount to
ART. 604 the naked owner after his death as provided in art. 612
EFFECT OF PARTIAL LOSS
- to extinguish a usufruct, the loss must be total, except as · where usufruct on building only and it is destroyed
provided in articles 607 to 609;
- if the loss is only partial, the usufruct continues with the - same rule applies although the usufruct does not cover the land
remaining part; for the simple reason that the use of the building necessarily
- but the partial loss may be so important as to be considered a involves the use of the land
total loss; it is of the courts to determine the question in case of
disagreement ART. 608
PAYMENT OF COST OF INSURANCE
ART. 605
USUFRUCT IN FAVOR OF JURIDICAL OR NON- JURIDICAL ENTITIES · neither the owners nor the usufructuary is under the obligation to
insure the property in usufruct;
1. fifty year limitation; · should they do so:
2. limitation not applicable to trusts 1. the usufructuary shares with the owner in insuring the property, the
usufructuary shall continue to enjoy the new building constructed, or if
ART. 606 the owner do not wish to rebuild, the usufructuary shall receive the legal
USUFRUCT WITH DURATION DEPENDENT ON AGE OF A THIRD interest on the insurance proceeds which go to the owner;
PERSON
2. the usufructuary refuses to contribute to the insurance, and so the
*the exception to the above rule is when the usufruct has been expressly owner pays it alone, the owner gets the full insurance indemnity in case
granted only in consideration of the existence of a third person of loss, the right of the usufructuary being limited to the legal interest on
the value of the land and the materials

ART. 607 · the article is silent where the usufructuary alone pays the insurance
WHERE USUFRUCT ON LAND AND BUILDING, AND BULIDING or, where both share in the payment thereof, as to the proportion of
DESTROYED their contribution to the insurance

1. usufruct o land and materials of building:
- destruction of the building terminates the usufruct on the building
but not the usufruct on the land;
2. right granted as a temporary measure:
- to keep the usufruct alive until the building is reconstructed or
replaced;
3. where insurance received by the naked owner:
- payment of legal interest on insurance received if it has not been
used in the construction of another building during the while period
of the usufruct but he may, if he so desires, relieve himself of this
encumberance by turning over the money to the usufructuary so
ART. 609 in relation to ART. 610
EXPROPRIATION OF THE THING IN USUFRUCT
- does not extinguish the usufruct; the articl allows the substitution
of the thing by an equivalent thing;
- if the thing expropriated is for public use, the naked owner is
given the option to replace it with another thing of the same value
and of similar conditions;
- or to pay the usufructuary the legal interest on the amount of
indemnity for the whole period of the usufruct; in the latter case, the
owner shall give security for the payment of the interest
· if bad use causes considerable injury to the owner, not to the thing
itself, the owner is given the right provided in art. 610
ART. 611
USUFRUCT IN FAVOR OF SEVERAL PERSONS
- usufruct is not extinguished until the death of the last survivor;
- as the usufruct continues, the rights of any usufructuary who
dies shall accrue to the surviving usufructuaries
· exception: when the title constituting the usufruct provides otherwise
as where the usufruct is constituted in a last will and testament and the
testator makes a contrary provision
different owner or for the benefit of a community or one or more
persons to whom the encumbered estate does not belong by virtue
of which the owner is obliged to abstain from doing or to permit a
certain thing to be done on his estate
· easement and servitude distinguished
1. easement is an english term while servitude which is derived from
Roman Law, is the name used in cuvil law countries;
2. sevitude is the broader term, it may be real or personal while
easement is always real;
3. it is said that easement refers to the right enjoyed by one and
servitude, the burden imposed upon another;

- the article applies whether the usufuct is constituted *characteristics of easement

simultaneously or successively
ART. 612
OBLIGATION OF USUFRUCTUARY TO RETURN THE THING UPON
TERMINATION OF USUFRUCT
TITLE VII EASEMENTS AND SERVITUDES
CHAPTER 1 EASEMENTS IN GENERAL
SECTION I – DIFFERENT KINDS OF EASEMENTS
ART. 613
EASEMENT OR SERVITUDE DEFINED
- easement has been defined as a real right constituted on
another'’ property, corporeal and immovable, by virtue of which the
owner of the same has to abstain from doing or to allow somebody
else to do something on his property for the benefit of another thing
or person;
- it may also be defined as an encumberance imposed upon an
immovable for the benefit of another immovable belonging to a
1. it is a real right but will affect third persons only when duly registered;
2. it is enjoyed over another immovable, never on one’s own property;
3. it involves two neighboring estates, the dominant to which a right
belongs and the servient upon which the obligation arises;
4. it is inseparable from the estate to which it is attached and, therefore,
cannot be alienated independently of the estate;
5. it is indivisible for it is not affected by the division of the estate
between two or more persons;
6. it is a right limited by the needs of the dominant owner or estate,
without possession;
7. it cannot consist in the doing of an act unless the act is accessory in
relation to a real easement;
8. it is a limitation on the servient owner’s rights of ownership for the
benefit of the dominant owner; and therefore, it is not presumed
*easement established only on immovable
- what the law treats of are not all immovables as defined by the
Civil Code but only those which are so by their nature (are really
capable of being moved)
*nature of benefit to dominant estate
- there can be no easement without a burden on an estate for the
benefit of another immovable belonging to a different owner or of a
person or a group of persons
· distinguished from lease b. discontinuous – art. 615

1. easement is a real right, while lease is a real right only when 4. as to whether or not its existence is indicated:
registered;
2. easement is imposed only on real property while lease may involve a. apparent; - art. 615
either personal or real property; b. non – apparent – art. 615
3. in easement, there is a limited right to the use of real property of
another but without the right of possession, while in lease, there is a 5. as to duty of servient owner
limited right to both the possession and use of another’s property
a. positive; - art. 616
· distinguished from usufruct b. negative – art. 616

1. easement is imposed only on real property, while usufruct may

involve either real or personal property; SECTION 2 – MODES OF ACQUIRING EASEMENTS
2. easement is limited to a particular or specific use of the servient
estate, while usufruct includes all the uses and the fruits of the property; ART. 620
3. easement is a non – possessory right over an immovable, while MODES OF ACQUIRING EASEMENTS
usufruct involves a right of possession in an immovable or movable;
4. easement is not extinguished by the death of the dominant owner, 1. by title – all easements:
while usufruct is, as a rule, extinguished by the death of the a. continuous and apparent easements – art. 620;
usufructuary b. continuous and non – apparent easements – art. 622;
c. discontinuous easements – art. 622;
note: both are real rights, whether registered or not, and are transmissible
2. by prescription of ten years – art. 620;
ARTS. 614 - 619 3. by deed of recognition – art. 623;
CLASSIFICATIONS OF EASEMENTS 4. by final judgment – art. 623;
5. by apparent sign established by the owner of two agjoining estates –
1. as to recipient of benefit: art. 624

a. real – art. 613 · acquisition by title or prescription

b. personal – art. 614
- only continuous and apparent easements may be acquired
2. as to its source: either by virtue of a title or by prescription in ten years;
- other kinds of easements may be acquired by any one of the
a. voluntary; - art. 619 modes enumerated but not by prescription;
b. legal; - arts. 637 - 687 - “title” refers to the juridical act which gives birth to the easement;
c. mixed - art. 620 fixes the ten year period regardless of the good faith or
bad faith of the possessor and whether he has just title; the general
3. as to its exercise: rules on prescription do not apply; the only requirement being that
there be adverse possession of the easement for ten years
a. continuous; - art. 615
ART. 621
COMPUTATION OF THE PRESCRIPTIVE PERIOD
1. if the easement is positive, the period is counted from the day on
which the owner of the dominant estate began to exercise it;
- if it is negative, from the day on which a notarial prohibition was
made on the servient estate;
ART. 622
ACQUISITION ONLY BY TITLE
· continuous and apparent easements are the only easements tnat
can be acquired by prescription because they are the only ones the
possession of which fulfills 2 important requisites required by law for
prescription: that the possession be public and continuous;
· the easements under art. 622 may be acquired by title but not by
prescription because their possession or exercise is either not public or
it is public but not continuous or uninterrupted
* acquisition of easement of right of way by prescription:
- the easement cannot be acquired by prescription, but if the greater right of
ownership of the property can be acquired by prescription, there seems to
be no reason why the right of way which is a mere encumberance on the
property cannot be similarly acquired;
ART. 623
DEED OF RECOGNITION OR FINAL JUDGMENT
- the article applies to the easements mentioned in art. 622;
- it presupposes that there is a title for the easement;
- the easement may have been acquired by oral contract, or by
virtue of some document that has been lost; in either case,
easement exists;
- the owner of the servient estate may voluntarily execute the
deed referred to in art. 623 acknowledging the existence of the
easement, the court, in an action for the purpose and upon
sufficient proof, may, in its judgment, declare its existence
ART. 624
ALIENATION BY THE SAME OWNER OF TWO ESTATES WITH SIGN OF
EXISTENCE OF SERVITUDE
- the provision contemplates a situation where two estates
between which there exists an apparent sign of an easement,
belong to the same owner;
- what the law requires is that the sign indicates the existence of a
servitude although there is no true servitude there being only one
owner;
- the article applies in case of a division of a common property by
the co – owners as the effect is the same as an alienation, or there
is only one estate and a part thereof is alienated;
- the article is not applicable in case the two estates or portions
of the same estate remain or continue to be in the same owner after
alienation or partition
ART. 625
RIGHTS GRANTED BY EASEMENT
- even without the above article, there can hardly be any dpubt
that all easements are necessarily invested with all the necessary
rights for their use; otherwise, the easement itself would be in name
only
ART. 626
IMMOVABLE TO BE BENEFITED BY EASEMENT, AND MANNER OF ITS
EXERCISE
- where the purpose of the easement or the manner of its exercise
is defined by the title creating it, the exercise of the easement must
be consistent with such purpose or manner
 2. they do not alter or render the servitude more burdebsome;
SECTION 3 – RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE 3. the dominant owner, before making the works, must notify the
DOMINANT AND SERVIENT ESTATES servient owner;
4. they shall be done at the most convenient time and manner so as to
ART. 627 cause the least inconvenience to the servient owner
RIGHTS OF THE DOMINANT OWNER:
1. to exercise all the rights necessary for the use of the easement; ART. 628
2. to make on the servient estate all the works necessary for the use an OBLIGATION TO CONTRIBUTE TO EXPENSES OF NECESSARY
preservation of the servitude; WORKS
3. to renounce the easement if he desires to exempt himself from
contribution to necessary expenses; · dominant owner alone shall shoulder the expenses referred to in art.
4. to ask for mandatory injunction to prevent impairment of his use of 627
the easement · if the easement is in favor of several dominant estates, all the
OBLIGATIONS OF THE DOMINANT OWNER owners shall share the expenses in proportion to their respective
1. he cannot alter the easement or render it more burdensome; interests;
2. he shall notify the servient owner of works necessary for the use and · the benefits shall be presumed equal in the absence of any
preservation of the servitude; agreement or proof to the contrary;
3. he must choose the most convenient time and manner in making the · an owner may exempt himself from contributing to the expenses by
necesary works as to cause the least inconvenience to the servient renouncing the easement in favor of the others;
owner; · the servient owner shall also be obliged to contribute to the expenses
4. he must contribute to the necessary expenses if there are several except when there is a stipulation to the contrary, should he make use
dominant estates in proportion to the benefits derived from the works of the easement in any manner whatsoever;
· if he bound himself to bear the cost of the work, he may free himself
RIGHTS OF THE SERVIENT OWNER from the obligation by renouncing his property to the dominant owner
1. to retain the ownership of the portion of the estate on which the
easement is established; ART. 629
2. to make use of the easement, unless there is an agreement to the OBLIGATION OF SERVIENT OWNER NOT TO IMPAIR SERVITUDE
contrary;
3. to change the place or manner of the use of the easement provided - the servient owner must abstain from constructing works or
it be equally convenient performing any act which will impair, in any manner whatsoever, the
use of the servitude
OBLIGATIONS OF THE SERVIENT OWNER
1. he cannot impair the use of the easement; RIGHT OF SERVIENT OWNER TO CHANGE PLACE OR MANNER OF
2. he must contribute to the necessary expenses in case he uses the EASEMENT
easement, unless there is an agreement to the contrary
- requisites:
RIGHT OF DOMINANT OWNER TO MAKE NECESSARY WORKS 1. the place and manner has become very inconvenient to him from
making important works thereon;
*the rights granted by art. 627 is subject to the following conditions: 2. he offers another place or manner equally convenient;
1. the works which shall be at his expense, are necessary for the use 3. no injury is caused by the change to the dominant owner or to
and preservation of the servitude; whoever may have a right to use the easement
 CHAPTER 2 LEGAL EASMENTS
ART. 630
RIGHT OF SERVIENT OWNER TO USE EASEMENT ART. 634
LEGAL EASEMENT DEFINED
- servient owner preserves his dominion over the portion of his
estate on which the easement is established; -they are easements imposed by law and which have for their object either
- he may use the easement subject to the condition that he does public use or the interest of private persons
not impair the rights of the dominant owner
· kinds of legal easements
SECTION 4 – EXTINGUISHMENT OF EASEMENTS 1. public legal easements;
2. private legal easements; which include those relating to:
ART. 631 - waters;
MODES OF EXTINGUISHMENT OF EASEMENTS - right of way
- party wall
1. by merger; - light and view
2. by non – user for ten years; - drainage
3. impossibility of use;
4. by renunciation; ART. 635 in relation to ART. 636
5. by redemption; GOVERNING LAWS
6. other causes
1. public legal easements:
ART. 632 - primarily by special laws;
PRESCRIPTION OF FORM OR MANNER OF USING EASEMENT - regulations relating thereto;
- Civil Code – arts. 613 – 693
- the form or manner of using the easement is different from the 2. private legal easements:
easement itself or the right to exercise it; - primarily by the agreement of the interested parties provided it is
- both may be lost by prescription; not prohibited by law or injurious to a third person;
- the mode of the servitude is accidental; hence, it does not affect - in the absence of an agreement, by the provisions of general or
the servitude itself while the servitude is used in one form or local laws and ordinances for the general welfare;
another - in default thereof, by arts. 613 – 693 of the Civil Code
· the provisions of the particular law itself imposing the easement
ART. 633 determine whether the legal easement is public or private
WHERE DOMINANT ESTATE OWNED IN COMMON

- since easements are indivisble, the use of the co – owner inures SECTION 2 – EASEMENTS RELATING TO WATERS
to the benefit of all the co – owners and prevents prescription as to
the shares of the latter; ART. 637
- the use by a co – owner is deemed to be use by each and all the LEGAL EASEMENTS RELATING TO WATERS
co – owners
1. natural drainage;
2. drainage of buildings;
3. easement on riparian banks for navigation; - where the construction of a dam is authorized, the same can be
4. easement of a dam; considered a private nuisance and may be lawfully destroyed or
5. easement for drawing waters or for watering animals; removed by the injured landowner
6. easement of aqueduct;
7. easement for the construction of a stop clock or sluice gate ART. 640
DRAWING OF WATER OR WATERING ANIMALS
· natural drainage of lands
- this includes the accessory easement of passage or right of way
1. duty of servient owner of persons and animals to the place where the easement is to be
used;
- cannot construct works, which will impede the easement;
- the dominant owner may demand their removal or destruction *requisites:
and recover damages - imposed for reasons of public use;
-in favor of a town or village;
2. duty of dominant owner payment of proper indemnity

- cannot make works which will increases the burden;
- but he is not prohibited from cultivatibg his land or constructing
works to regulate the descent of the waters to prevent erosion to his
land and as long as he does not impede the natural flow of the
waters and increase the burden of the lower estate;
- he is not liable for damages
ART. 638
PUBLIC EASEMENTS ON BANKS OF RIVER
ART. 642
EASEMENT OF AQUEDUCT DEFINED
- this is the right arising from a forced easement by virtue of which
the owner of an estate who desires to avail himself of water for the
use of said estate may make such waters pass thru the
intermediate estate with the obligation of indemnifying the owner of
the same and also the owner of the estate to which the water may
filter or flow

- if the land is of public ownership, there is no indemnity; *requisites:

- if it is of private ownership, the proper indemnity shall first be
paid before it is occupied;
- the article does not apply to canals
- proof that he has the capacity to dispose of the water;
- proof that the water is sufficient for the use intended;
- show that the proposed right of way is the most convenient and
the least onerous to third persons;
- pay indemnity to the owner of the servient estate

ART. 639 ART. 645

ABUTMENT OF BUTTRESS OF A DAM
- person must first seek the permission of the owner;
- in case of his refusal, authority must first be secured from the
proper administrative agency;
RIGHTS OF OWNER OF SERVIENT ESTATE
- the servient estate may close or fence his estate, or build over
the aqueduct so long as no damage is caused to the aqueduct or
the necessary repairs and cleanings of the same are not rendered
impossible;
 - he can also construct works he may deem necessary to prevent
damage to himself provided he does not impede or impair the use
of the easement; otherwise he shall be liable for damages
ART. 646
EASEMENT CONSIDERED AS CONTINUOUS AND APPARENT
- the easement of aqueduct is generally non – apparent because
it is found underground;
- discontinuous because it is used only at times, and during the
dry season, the use may be very seldom due to the insufficient flow
of water;
- for legal purposes, the easement is considered apparent and
continuous and therefore susceptible of acquisitive prescription
ART. 647
CONSTRUCTION OF A STOP LOCK OR SLUICE GATE
- the purpose of the construction is to take water for irrigation, or
to improve the estate;
- the construction is on the estate of another and proper indemnity
has to be paid;
- no damages must be caused to a third person
ART. 648
LAWS GOVERNING SERVITUDE OF WATERS
- governed by arts. 637 – 647 of the Civil Code;
- special laws relating thereto;
- Water Code of the Philippines;
- in case of conflict the Civil Code prevails
SECTION 3 – EASEMENT OF RIGHT OF WAY
ART. 649
EASEMENT OF RIGHT OF WAY DEFINED
- it is the right granted to the owner of an estate which is
surrounded by other estates belonging to other persons and without
an adequate outlet to public highway to demand that he be allowed
a passage way throughout such neighboring estates after payment
of proper indemnity
* requisites:
- claimant must be an owner of enclosed immovable or are with
real right;
- there must be no adequate outlet to a public highway;
- the right of way must be absolutely necessary;
- the isolation must not be due to theclaimant’s own act;
- the easement must be established at the point least prejudicial
to the servient estate;
- payment of proper indemnity
· kinds of easement of right of way
1. private – in favor of a private person;
2. public – in favor of the community or public at large
note: the easement of right of way, being discontinuous cannot be acquired
by prescription;
- in any case, the right cannot be acquired by prescription if the
use relied upon as basis for prescription was merely tolerated by
the owner of an estate for convenience
ART. 651
WIDTH OF PASSAGE
- it is the needs of the dominant property which ultimately
determine the width of the passage and these needs vary from time
to time
ART. 652 in relation to ART. 653
WHERE LAND OF TRANSFEROR OR TRANSFEREE ENCLOSED
- the articles provide an exception to the requirement in art. 649
regarding the payment of indemnity
1. buyer’s , etc. land enclosed
- transferee is not obliged to pay indemnity for the easement as
the consideration for the transfer is presumed to include the
easement without the indemnity;
2. donee’s land enclosed
- art. 652 is not applicable in cases of simple donation because
the donor receives nothing for his property;
3. seller’s , etc. or donor’s land enclosed
- he may demand a right of way but he shall be obliged to pay
indemnity unless the purchaser agreed to grant right without
indemnity
ART. 654
RESPONSIBULITY FOR REPAIRS AND TAXES
- the article applies if the right of way is permanent;
- servient owner retains the ownership of the passage way, hence
he shall pay taxes;
- the dominant owner is liable for the necessary repairs and the
proportionate share of the taxes paid by the servient owner, that is ,
the amount of the taxes corresponding to the proportion on which
the easement is established
ART. 655
EXTINGUISHMENT OF COMPULSARY EASEMENT OF RIGHT OF WAY
- the article provides for two causes of extinguishment: the
joining of the isolated estate to another abutting a public road and
opening of a new road which gives access to the estate;
- the extinguishment is not automatic for the law says that the
servient owner may demand that the easement be extinguished if
he so desires;
- the amount to be returned consists of the value of the land
occupied and the damage caused to the servient estate, where the
servitude is a permanent passage
ART. 656
TEMPORARY EASEMENT OF RIGHT OF WAY
1. “owner” comprehends the usufructuary who may make use of the
right granted;
2. “improvement”, alteration or beautification are added to make the
rule comprehensive;
3. “indispensable” should not be construed in its literal meaning; it is
sufficient that great convenience, difficulty or expense would be
encountered if the easement were not granted
ART. 657
RIGHT OF WAY FOR THE PASSAGE OF LIVESTOCK, WATERING
PLACES, ETC.
- the easement shall be governed by the ordinances and
regulations relating thereto, and in their absence, by the usage and
customs of the place
SECTION 4 – EASEMENT OF PARTY WALL
ART. 658
EASEMENT OF A PARTY WALL DEFINED
- refers to all those mass of rights and obligations emanating from
the existence and common enjoyment of wall, fence, enclosures or
hedges, by the owners of adjacent buildings and estates separated
by such objects
· party wall: a common wall which separates two estates, built by
common agreement at the dividing line such that it occupies a portion of
both estates on equal parts
· party wall vs co – ownership
1. in co –ownership the shares of the co –owners can be divided or
separated physically, but before such division, a co–owner cannot point
to any definite portion of the property a sbelonging to him, while in a
party wall, the shares of the co – owners cannot be physically
segregated but they can be physically identified;
2. none of the co –owners may use the community property for has
exclusive benefit because he would be invading the rights of the others,
while in a party wall, there is no such limitation;
3. any owner may free himself from contributing to the cost of repairs
and construction of a party wall b yrenouncing all his rights thereto,
while in a co – ownership, partial renunciation is allowed
ART. 659
WHEN EXISTENCE OF EASEMENT OF PARTY WALL PRESUMED
- in the three cases mentioned, the presumption is that the
structures referred to are party walls;
- the legal presumption is juris tantum, it may be rebutted by a title
or exterior sign, or any other proof showing that the entire wall in
controversy belongs exclusively to one of the adjoining party
owners
ART. 660
EXTERIOR SIGNS REBUTTING PRESUMPTION
- the article mentions some exterior signs rebutting the
presumption of a party wall;
- the wall becomes the exclusive property of the owner of the
estate which has in its favor the presumption based on any of
the exterior signs;
- the enumeration is merely illustrative and not exclusive
ART.661
DITCHES OR DRAINS BETWEEN TWO ESTATES
- the deposit of earth or debris on one side alone is an exterior
sign that the owner of that side is the owner of the ditch or drain;
- the presumption is an addition to those enumarated in art. 660
and is likewise rebuttable
ART. 662
CONTRIBUTION TO COST OF REPAIRS AND CONSTRUCTION OF
PARTY WALLS
- any owner may free himself from contributing to the charge by renouncing
his rights in the party wall unless it actually supports his building
ART. 663
DEMOLITION OF BUILDING SUPPORTED BY PARTY WALL
- an owner may also renounce his part ownership of a party wall
if he desires to demolish his building supported by the wall;
- he shall bear the expenses of repairs and work necessary to
prevent any damage which the demolition may cause to the party
wall;
- “on this occasion only” means that his liability for damages is
limited to those damages suffered simulateneously, during, or
immediately after, and by reason of the demolition
ART.664
INCREASING HEIGHT OF PARTY WALL
*conditions:
1. he must do so on his own expense;
2. he must pay for damages which may be caused thereby even if the
damage is temporary;
3. he must bear the cost of maintaining the portion added;
4. he must pay the increased cost of preservation of the wall
ART. 666
PROPORTIONAL USE OF PARTY WALL
- the party owners share in the expenses of maintaining a party
wall in proportion to the interest of each;
- they also have a proportionate right to its use without interfering
with the common and respective uses by the other co –owners
SECTION 5 – EASEMENT OF LIGHT AND VIEW
ART. 667
EASEMENT OF LIGHT DEFINED
- it is the right to admit light from the neighboring estate by virtue
of the opening of a window or the making of certain openings
EASEMENT OF VIEW DEFINED
- it is the right to make openings or windows, to enjoy the view
through the estate of another and the power to prevent all
constructions or works which would obstruct such view or make the
same difficult;
- it necessarily includes the easement of light;
 - it is possible to have light only without view
· making of opening through a party wall
- a window or opening in the dividing wall of buildings is an
exterior sign which rebuts the presumption that the wall is a party
wall;
- one part owner may not, therefore, make any window or
opening of any kind thru a party wall without the consent of others
ART. 668
PRESCRIPTIVE PERIOD FOR ACQUISITION OF EASEMENT OF LIGHT
AND VIEW
*the easement may either be positive or negative
1. positive easement – it is made thru a party wall or even if made on
one’s own wall, if the window is on a balcony or projection extending
over the property;
- a party wall is not for the opening of windows, its purpose is to
support the buildings of the part – owners;
- when a window is opened through a party wall, an apparent and
continuous easesment is created from the time of such opening;
- but there is no true easement as long as the right to prevent its
use exists;
- under art. 668 par.1, the adjoining owner can order the window
closed within ten years from the time of the opening of the window
2. negative easement – if the window is made through a wall on the
dominant estate;
- in such a case, the ten year prescriptive period commences from
the time of the formal prohibition upon the adjoining owner;
- the “formal prohibition” must be an instrument acknowledged
before a notary public
ART. 669
OPENINGS AT HEIGHT OF CEILING JOISTS TO ADMIT LIGHT
1. wall is not a party wall – the owner may make an opening for the
purpose of admitting light and air, but not for view
*restrictions:
- size must not exceed 30 centimeter square;
- the opening must be at the height of the ceiling joists or
immediately under the ceiling;
- there must be an iron grating imbedded in the wall;
- there must be a wire screen
2. wall becomes a party wall – a part owner can order the closure of the
opening because no part – owner may make an opening through a
party wall without the consent of the others;
- it can also obstruct the opening unless an easement of light has
been acquired by prescription in which case the servient owner may
not impair the easement
ART. 670 in relation to ART. 671
DIRECT AND OBLIQUE VIEWS
- art. 670 requires a distance of two meters for direct view and
sixty centimeters for oblique or side view;
- while art, 671 provides the manner of measuring the distance;
- the distance for oblique view is much shorter obviously because
of the difficulty of affording a full view of the adjoining tenement;
- an owner can build withing the minimum distance or even up to
the dividing line provided no window is opened as provided in art.
669;
- prescription may still be acquired as a negative easement after
ten years from the time of notarial prohibition
ART. 672
WHERE BUILDINGS SEPARATED BY A PUBLIC WAY OR ALLEY
- the distance provided in art. 670 is not compulasary where there
is a public way or alley provided that it is not less than three meters
wide;
- the minimum width is necessary for the sake of privacy and
safety;
- the width of the alley is subject to special regulations and
ordinances;
- a private alley opened to the use of the general public falls within
the provision of art. 672
ART. 673
WHERE EASEMENT OF DIRECT VIEW HAS BEEN ACQUIRED
- “title” as used in art. 673 refers to any of the modes of acquiring
easements, namely: contract, will, donation, or prescription
- whenever the easement of direct view has been acquired by any
such title, there is created a true easement;
- the owner of the servient estate cannot build thereon at less than
a distance of three meters from the boundary line;
- the distance may be increased or decreased by stipulation of the
parties provided that in case of decrease, the minimum distance of
two meters or sixty centimeters prescribed in art. 670 must be
observed, otherwise it is void;
- the said distances involve considerations of public policy and the
general welfare, hence, they should not be rendered ineffective by
stipulation
SECTION 6 DRAINAGE OF BUILDINGS
ART. 674
EASEMENT OF DRAINAGE OF BUILDINGS
- is the right to divert or empty the rain waters from one’s own roof
or shed to the neighbor’s estate either drop by drop or through
conduits
· the article does not really create a servitude, it merely regulates the
use of one’s own property by imposing on him the obligation to collect
its rain water so as not to cause damage to his neighbors, even if he be
a co –owner of the latter;
· it provides an exception to art. 637 which obliges lower estates to
receive the waters which naturally flow from higher estates
ART. 675
EASEMENT TO RECEIVE FALLING RAIN WATERS
- the article deals not with a legal or compulsary easement, but
with a voluntary easement to receive rain water falling from the roof
of an adjoining building;
- it is an application of art. 629
ART. 676
EASEMENT GIVING OUTLET TO RAIN WATER WHERE HOUSE
SURROUNDED BY OTHER HOUSES
*conditions:
1. there must be no adequate outlet to the rain water because the yard
or court of a house is surrounded by other houses;
2. the outlet to the water must be at the point where egress is easiest,
and establishing a conduit for drainage;
3. there must be payment of proper indemnity
SECTION 7 INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN
CONSTRUCTIONS AND PLANTINGS
ART. 677
CONSTRUCTION AND PLANTINGS NEAR FORTIFIED PLACES
- the article establishes an easement in favor of the State;
- the general prohibition is dictated by the demands of national
security
ART. 678
CONSTRUCTION OF AQUEDUCT, WELL, SEWER. ETC.
- such constructions must comply with the distances prescribed
by locla regulations and customs of the place;
- the owner must take necessary protective works or other
precautions to avoid damage to neighboring estates
- the prohibitions in the article cannot be altered or renounced by
stipulations because they involve considerations of public policy
and general welfare
ART. 678
PLANTING OF TREES
 - the article establishes a negative easement;
- it provides the minimum distances of trees and shrubs from the
boundary line;
- they shall be regulated by the local ordinances and in the
absence thereof, by the customs of the place, and in default thereof,
by art, 679;
- the purpose of this article is to prevent the plantings from
enroaching into the neighboring tenements;
- the Civil Code considers the easement against nuisance as
negative because the proprietor or possessor is prohibited to do
something which he could lawfully do were it not for the existence of
the easement;
- however, a nuisance involves any act or omission which is
unlawful;
- the above articles are more of a restriction on the right of
ownership than a true easement

ART. 680 SECTION 9 LATERAL AND SUBJACENT SUPPORT

INTRUSIONS OF BRANCHES OR ROOTS INTO NEIGHBORING
ESTATE ARTS. 684, 685, 686,687
PROPRIETOR PROHIBITED FROM MAKING DANGEROUS
- the rights given to the adjoining owner by article 680 do not EXCAVATIONS
prescribe where his inaction is by reason of mere tolerance unless
a notarial prohibition is made in which case the prescriptive period -easement of lateral and subjacent support is deemed essential to the
of a negative easement would begin to run from the date of such stability of buildings
prohibition;
- but the owner of the plantings cannot destroy them and the · the support is lateral when the supported and supporting lands are
adjacent owner gas no cause to complain divided by a vertical plane;
· the support is subjacent when the supported land is above and the
ART. 681 supporting land is beneath it;
FRUITS NATURALLY FALLING UPON ADJACENT LAND - any stipulation or testamentary provision allowing excavations that violate
art. 684 is void;
- belong to the owner of the adjacent land to compensate him for - the limitation applies also to future constructions;
the inconvenience causes by the branches of trees extending over - the notice required is mandatory except where there is actual knowledge
his land; of the proposed excavation;
- note that for the adjacent owner to be entitled to the fruits, they - in any case, the excavation should not deprive the adjacent land
must not only fall upon his land but the falling must occur naturally; or building of sufficient lateral or subjacent support;
- if the fruits fall on public property, the owner of the tree retains - the adjacent landowner is entitled to injuctive relief and to
ownership damages for violation of the provisions

SECTION 8 EASEMENT AGAINST NUISANCE

ART. 682 in relation to ART. 683

PROPRIETOR OR POSSESSOR OF LAND OR BUILDING PROHIBITED CHAPTER 3
FROM COMMITTING NUISANCE VOLUNTARY EASEMENTS

ART. 688
OWNER OF LAND MAY CONSTITUTE EASEMENT
- since easement involves an act of strict dominium, only the
owner or at least one acting in his name and under his authority,
may establish a voluntary easement;
- however, a beneficial owner may establish a temporary
easement consistent with his right as such and subject to
termination upon the extinguishment of the usufruct
· voluntary easements not contractual, they constitute the act of the
owner:
ART. 689
WHERE THE PROPERTY HELD IN USUFRUCT
- the owner of a property in usufruct may create
easements thereon without the consent of the usufructuary provided the
rights of the latter are not impaired;
- the above article follows the rules laid down in arts. 581 and 595
ART. 690
CREATION OF PERPETUAL VOLUNTARY EASEMENT
- consent of both the naked owner and the beneficial owner is
necessary
ART. 691
IMPOSITION OF EASEMENT ON UNDIVIDED PROPERTY
- the creation of a voluntary easement on property owned in
common requires the unanimous consent of all the co –owners,
because it involves an act of alteration and not merely an alienation
of an ideal share of a co – owner;
- the consent may be given separately or successively
ART. 692
RULES GOVERNING VOLUNTARY EASEMENTS
1. if created by title, auch as contract, will etc., then by such title;
2. if created by prescription, by the form and manner of possession of
the easement;
3. in default of the above, by the provisions of the Civil Code on
easement
ART. 693
WHERE SERVIENT OWNER BOUND HIMSELF TO BEAR COST OF
MAINTENANCE OF EASEMENT
- the article applies only where the owner of the servient estate
bound himself to bear the cost of the work required for the use and
preservation of the easement;
- he is bound to fulfill the obligation he has contracted;
- he may free himself from obligation by renouncing or
abandoning his property to the dominant owner;
- in any case, it cannot be tacit or implied, it must follow the form
required by law for the transmission of ownership of real property
TITLE VIII
NUISANCE
ART. 694
CONCEPT OF NUISANCE
- art. 596 gives the statutory definition of nuisance in terms of that
which causes the harm or damage, and not of the harm or damage
caused;
- negligence is not an essential ingredient of nuisance but to be
liable for nuisance, there must be resulting injury to another in the
enjoyment of his legal rights
· anything which is injurious to public health or safety, is offensive to
the senses, is indecent or immoral, obstructs the free use of any public
street or body of water, impairs the use of property, or, in any way,
interferes with the comfortable enjoyment of life or property is a
nuisance
· distinguished from trespass

1. a nuisance consists of a use of one’s property in such a manner as
to cause injury to the property or the right or interest of another, while a
trespass is a direct infringement of another’s right of property;
2. in trespass, the injury is direct and immediate, in nuisance, it is
consequential
· when rules on negligence applicable
- it has been held that where the acts or omissions constituting
negligence are the identical acts which, it is asserted give rise to a
cause of action for nuisance, the rules applicable to negligence will
be applied
ART. 695
PUBLIC AND PRIVATE NUISANCES DEFINED
1. a public nuisance has been defined as the doing of or the failure to
do something that injuriously affects safety, health, or morals of the
public, or works some substantial annoyance, inconvenience, or injury
to the public;
2. a private nuisance has been defined as one which violates only
private rights and produces damage to but one or few persons, and
cannot be said to be public
PUBLIC AND PRIVATE NUISANCES DISTINGUISHED
1. the former affects the public at large or such of them as may come in
contact with it, while the latter affects the individual or a limited number
of individuals only;
2. public nuisances are indictable, whereas private nuisances are
actionable, either for their abatement or for damages, or both
· mixed nuisances: a thing may be a private nuisance without being a
public one or a public nuisance without being a private one;
- on the other hand, a nuisance may be both public and private in
character;
NUISANCE PER SE (in law) AND NUISANCE PER ACCIDENS (in
fact) DEFINED
1. nuisance per se is an act, occupation, or structure which is a
nuisance at all times and under any circumstances, regardless of
location or surroundings;
- it is anything which of itself is a nuisance because of its inherent
qualities, productive of injury or dangerous to life or property without
regard to circumstance
2. nuisance per accidens is an act, occupation, or structure, not a
nuisance per se, but which may become a nuisance by reason of
circumstances, location, or surroundings
DISTINGUISHED
1. in the case of a nuisance per se, the thing becomes a nuisance as
a matter of law;
- its existence need only to be proved in any locality, without
showing of specific damages, and the right relief is established by
averment and proof of the mere act;
- but where a thing not a nuisance per se is a nuisance per
accidens or in fact, depends upon its location and surroundings, the
manner of its conduct or other circumstances, and in such cases,
proof of the act and its consequence is necessary;
- the act or thing complained of must be shown by evidence to be
a nuisance under the law, and whether it is a nuisance or not is
generally a question of fact
2. a nuisance per se may be summarily abated under the undefined
law of necessity;
- but if the nuisance be per accidens it has to be decided before
a tribunal athorized to decide whether a thing or act does in law
consitute a nuisance
· doctrine of attractive nuisance
-“one who maintains on his premises dangerous instrumentalities or
appliances of a character likely to attract children in play, and who fails to
exercise ordinary care to prevent children from playing therewith or
resorting thereto, is liable to a child of tender years who is injured thereby,
even if the child is technically a trespasser in the premises”
 - the doctrine is generally not applicable to bodies of water,
artificial as well as natural in the absence of some unusual condition
or artificial feature other than the mere water and its location
ART.696
LIABILITY OF SUCCESSOR OF PROPERTY CONSTITUTING A
NUISANCE
General rule: only the creator of a nuisance is liable for the damage
resulting therefrom
- however, since the injurious effect of a nuisance is a continuing
one, every successive owner or possessor of property constituting
a nuisance who fails or refuses to abate it, or permits its
continuation has the same liablity as the one who created it;
- to render him liable, it is necessary that he has actual knowledge
of the existence of the nuisance and that it is within his power to
abate the same
ART.697
ABATEMENT AND RECOVERY OF DAMAGES
- the action to abate and the action to recover damages are
distinct remedies either or both of which the plaintiff may pursue at
his election;
- the owner of property abated as a nuisance is not entitled to
compensation unless he cna show that the abatement is unjustified
ART. 698
EFFECT OF LAPSE OF TIME
General rule: the right to bring an action to abate a public or private
nuisance is not extinguished by prescription;
Exception: under the special rule of art. 613 (2) which expressly prescribes
that easements are extinguished by obstruction and non – user for ten
years
ART. 699
REMEDIES AGAINST A PUBLIC NUISANCE
1. prosecution under the Penal Code or any other local ordinance;
2. civil action;
3. abatement, without judicial proceedings
- the remedies are not exclusive but cumulative;
- all of the may be availed of by public officers, and the last two by
private persons, if the nuisance is especially injurious to the latter
ARTS. 700, 701 and 702
ROLE OF DISTRICT HEALTH OFFICER AND OTHERS WITH RESPECT
TO PUBLIC NUISANCE
· the district health officer is charged with the duty to see to it that one
or all of the remedies against a public nuisance are availed of;
· he shall determine whether the third remedy, a is the best remedy
against a public nuisance;
· the remedy must be availed of only with the intervention of the district
health officer;
· it does not necessarily follow that the failure to observe art. 702 is in
itself a ground for the award for damages;
· art. 702 does not empower the district officer to abate a public
nuisance to the exclusion of all other authorities;
· the action must be commenced by the city or municipal mayor; but a
private person may also file an action if the public nuisance is especially
injurious to him
ART. 703
RIGHT OF PRIVATE PERSON TO FILE AN ACTION ON ACCOUNT OF A
PUBLIC NUISANCE
- a private person may also file a civil action if the public nuisance
is especially injurious to himself;
- such nuisance becomes to him a private nuisance affecting him
in a special way different from that sustained by the public in
general
ART. 704
CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF A PUBLIC
NUISANCE

- the article states what may be done in abating a public or
private nuisance: the party injured may remove and if necessary,
destroy the thing which constitutes the nuisance, without
committing a breach of the peace, or doing unnecessary damage
· there is a necessity of giving notice to such person inorder to enable
him to abate the nuisance himself
ARTS. 705 and 706
REMEDIES AGAINST A PRIVATE NUISANCE
- the remedies provided for in the article are the same as the
remedies against a public nuisance except for the absence of the
first remedy of criminal propsecution
ART. 707
LIABILITY FOR DAMAGES IN CASE OF EXTRAJUDICIAL ABATEMENT
OF NUISANCE
- the article provides for two grounds to hold a private or public
official extrajudicially abating a nuisance liable for damages;
- it serves the dual purpose of providing a sort of deterrent against
the improvident or unreasonable resort to the remedy by
unscrupulous parties and at the same time affords the victim a civil
remedy to recover damages without prejudice to such other
remedies granted by law
TITLE IX
REGISTRY OF PROPERTY
ART. 708
SYSTEMS OF REGISTRATION
1. former registration systems:
- system under the Spanish Mortgage Law of 1893;
- Torrens System established by Act. No. 496 as amended,
otherwise known as the Land Registration Act;
- The system provided for in Section 194 of the Revised
Administrative Code as amended by Act No. 3344, covering
transactions affecting real estate not registered under Act No. 496
and under the Spanish Mortgage Law
2. present registration system:
- by virtue of P.D. 892, the system under the Spanish Mortgage
Law was discontinued and all lands recorded under said system
which are not covered by Torrens title shall be considered as
unregistered land
*REGISTRATION DEFINED
- means the entry made in a book or public registry of deeds
· the Registry of Property
1. covers only immovable property; movable properties are covered by
Special Laws;
2. the object is the “inscription or annotation of acts and contracts
relating to the ownership and other real rights over immovable property”
and thus to give notice to parties dealing with property of its true status
and protect them from secret transfers and encumberances;
3. art. 708 contemplates a system of general registry which would
cover all systems of registration under existing laws including the
system of recording under Act.3344
ART. 709
EFFECTS OF REGISTRATION
1. operates as constructive notice;
2. does not validate or cure defective instrument;
3. cannot bind property where it is legally ineffective;
4. does not vest title
· effect of lack of registration
- the purpose of registration is merely to notify and protect the
interests of strangers to a given transaction, but the non-
registration of the deed evidencing such transaction does not
relieve the parties of their obligation thereunder;
- the law always tends to protect registered rights to favor him
who registers and, therefore ,the registration shall prejudice those
who have not registered
 PRELIMINARY PROVISIONS
· prejuduce to third person
- art. 709 speaks of third persons; ART. 712
- as a general rule, it may be said that when the law speaks CONCEPT OF MODE AND TITLE
of prejudice to third persons, they are interested parties who have
not registered, nor participated in the act, contract or deed that was 1. MODE is the specific cause which produces them as a result of the
registered by another, and when it says that third persons shall not presence of a special condition of things, of the capacity and intention
be prejudiced, they are interested parties who base their right on a of persons, and of the fulfillment of the requisites established by law;
registered title 2. TITLE is the juridical act, right or condition which gives the means to
their acquisition but which in itself is insufficient to produce them
ART. 710
POWER OF REGISTER OF DEEDS AS CUSTODIAN OF REGISTRY MODE AND TITLE DISTINGUISHED
BOOKS
1. mode directly and immediately produces a real right, while title
- the Register of Deeds has inherent power to control the office serves merely to give the occasion for its acquisition or existence;
and the records under his custody and has some discretion to 2. mode is the cause, while title is the means;
exercise as to manner in which persons desiring to inspect, 3. mode is the proximate cause, while title may be regarded as the
examine, or copy the records may exercise their rights; remote cause;
- the power to make registration, does not carry with it the power 4. mode is the essence of the right which is to be created or transmitted,
to prohibit, except perhaps, when it is clear that the purpose of the while title is the means whereby that essence is transmitted
examination is unlawful
v different modes (and titles) of acquiring ownership and other real
· Registry books of public nature rights
- it is not the prerogative of registration officers having custody of
records to see that the information which the records contain is not 1. original modes or those independent of any pre – existing right of
flaunted before public gaze; another person, namely:
- if it be wrong to publish the contents of the records, it is the a. occupation;
legislature and not the officials having custody thereof which is b. work which includes intellectual creation
called upon to devise a remedy
2. derivative modes or those based on a pre – existing right held by
ART. 711 another person, namely:
REFERENCE TO SPECIAL LAWS a. law;
b. donation;
-the article refers to three special laws; c. succession;
-“other special laws” may include special laws governing the registration of d. tradition;
movable property in a registry office e.g. Chattel Mortgage Law, the Ship e. prescription
Mortgage Decree and the Land Transportation and Traffic Code
· law as a mode of acquisition
- when the Civil Code speaks of law as a mode of acquisition, it
refers to it as a distinct mode or to those cases where the law,
DIFFERENT MODES OF ACQUIRING OWNERSHIP independent of other modes, directly vests ownership of a thing in a
 person once the prescribed conditions or requisites are present or 2. the thing seized must be corporeal personal property;
complied with 3. the thing must be susceptible of appropriation by nature;
4. the thing must be without an owner;
· tradition as a mode of acquisition 5. there must be an intention to appropriate;
- it is a derivative mode of acquiring ownership and other real 6. the requisites or conditions laid down by law must be complied with
rights by virtue of which, there being intention and capacity on the
part of the grantor and grantee and the pre – existence of said OCCUPATION AND POSSESSION DISTINGUISHED
rights in the estate of the grantor, they are transmitted to the
grantee through a just title; 1. occupation is a mode of acquiring ownership, while possession
merely raises the presumption of ownership when it is exercised in the
- the principal kinds of tradition are as ff: concept of owner;
2. occupation refers only to corporeal personal property, while
1. real tradition or physical delivery which takes place when the thing possession may be exercised over any kind of property, whether real or
is physically delivered or transferred from hand to hand if it is a personal, corporeal or incorporeal;
movable, and if it is an immovable, by certain acts also material, 3. occupation requires that the object thereof be without an owner,
performed by the grantee in the presence of and with consent of the while possession may refer to property owned by somebody;
grantor which acts generally called taking possession; 4. occupation requires that there be an intent to acquire ownership,
2. constructive tradition or when the delivery of the thing is not real or while possession may be had in the concept of a mere holder;
material but consists merely in certain facts indicative of the same, 5. occupation may not take place without some form of possession,
this may take place in any of the ff cases: while possession may exist without occupation;
-symbolical tradition; 6. occupation is of short duration, while possession is generally of
-tradition by public instrument; longer duration;
-tradtion longa manu; 7. occupation by itself cannot lead to another mode of acquisition,
-tradition brevi manu; while possession may lead to another mode which is prescription
-tradition constitutum possessorium;
-quasi tradition; · ways by which occupation may be effected
-tradition by operation of law 1. by hunting and fishing;
2. by finding of movables which never had any owner;
3. by finding of movables which have been abandoned by the owner;
TITLE I 4. by finding of hidden treasure
OCCUPATION

ART. 713
CONCEPT OF OCCUPATION
ART. 714
- it may be defined as the appropriation of things appropriable by OCCUPATION BY LAND
nature which are without an owner
- land is not included among things that can be the object of
v requisites: occupation;
- the reason is that when land is without an owner, it pertains to
1. there must be seizure of a things; the State;
 - if it is not owned by a private person, it belongs to the public
domain
- with respect to an abandoned lot, it may be considered as
without an owner and therefore pertains to the State as part of its
patrimonial property, not by virtue of occupation but on the legal
principle that land without owner belongs to the State
ART. 715
REGULATION OF HUNTING AND FISHING
OCCUPATION OF PIGEONS AND FISH
- the articl does not refer to wild pigeons and fish in a state of
liberty or that live naturally independent of man;
- their occupation is regulated by special laws on hunting and
fishing;
- what is contemplated here are pigeons and fish considered as
domesticated animals subject to the control of man in private
breeding places

- Special Law regualates hunting to protect animal life – Act No. ART. 718
2590 a amended by Act. No. 3770, Act. No. 4003 and C.A. No. 491; DISCOVERY OF HIDDEN TREASURE
- Special Law governing fishing is P.D. No. 704 otherwise known
as the Fisheries Decree of 1975; - see arts. 438 – 439
- Hunting and fishing may be regulated by a municipal corporation
or local government unit under a provision of law or authority ART. 719 in relation to ART. 720
granted by Congress, being in this case a delegation of the State’s RULES AS TO LOST IMMOVABLE
authority to the corporation
1. the rights and obligations of the finder of lost personal property are
ART. 716 based on the principle of quasi – contract;
OCCUPATION BY A SWARM OF BEES 2. the duty imposed on the finder by art. 719 is based on the fact that
one who lost his property does not necessarily abandon it;
- the owner of a swarm of bees that went to another'’ land shall 3. if there is no abandonment, the lost thing has not become res nullius
lose ownership if he has not pursued the same within two
consecutive days after it left his property, or after pursuing the same,
he ceases to do so within the same period; ARTS. 721 – 724 provisions relating to Intellectual Creation
- in such a case, the possessor or owner of the land may occupy
or retain the bees

OCCUPATION OF DOMESTICATED ANIMALS TITLE III

DONATION
- a domesticated animal which has not strayed or been
abandoned cannot be acquired by occupation by a person to whose CHAPTER 1
custody it was entrusted; NATURE OF DONATIONS
- neither does the provision apply to a case where a person has
found a domestic animal and kept it for a number of years not ART. 725
knowing its owner; CONCEPT OF DONATION
- the period of two days and twenty days are not periods of
limitation, but conditions precedent to recovery - the donation the article speaks of and which is governed by
TITLE III is the donation proper or the true or real donation;
ART. 717
 - it is sometimes simply referred to as “ordinary doanation” as
opposed to the other kinds of donation 3. as to effectivity or extinguishment:
a. pure;
· nature and effect of donation b. conditional;
c. ‘with a term
1. although the article defines donation as an act, it is really a contract,
with all the essential requisites of a contract; ART. 727
- it falls under contracts of pure beneficience, the consideration EFFECT OF ILLEGAL OR IMPOSSIBLE CONDITIONS
being the mere liberality of the benefactor;
- however the Code considers donation not among the contracts 1. when condition is not deemed imposed:
that transfer ownership but as a particular mode of acquiring and - the rule on testamentary disposition is followed;
transmitting ownership; - the donation is considered simple;
2. when donation rendered void:
2. the effect of donation is to reduce the patrimony or asset of the - being contractual in nature, the rule applicable would be found in
donor and to increase that of the donee; art. 1183

3. hence, the giving of a mortgage or any other security does not

constitute a donation ART. 728 in relation to ART. 729
DISTINCTIONS BETWEEN DONATIONS INTER VIVOS AND
· requisites of donation DONATIONS MORTIS CAUSA
1. donor must have the capacity to make the donation of a thing or
right; 1. the first takes effect during the lifetime of the donor; independently of
2. he must have the donative intent or intent to make the donation out his death, while the second, upon the death of the donor;
of liberality to benefit the donee; 2. the first is made out of the donor’s pure generosity, while the second
3. there must be delivery, whether actual or constructive, of the thing or is made in contemplation of his death without the intention to lose the
right donated; thing or its free diposal in case of survival;
4. the donee must accept or consent to the donation 3. the first is valid even if the donor should survive the donee, while the
second is void should the donor survive the donee;
ART. 726 4. the first must follow the formalities of donations, while the second
KINDS OF DONATION must follow the formalities of a will for it is in reality a legacy or devise;
5. the first must be accepted by the donee during his lifetime, while the
1. as to taking effect: second, being in the nature of a testamentary dispostion, can only be
a. inter vivos; accepted after the donor’s death;
b. mortis causa; 6. the first cannot be revoked except for grounds provided for by law,
c. propter nuptias; while the second is always revocable at any time and for any reason
before the donor’s death;
2. as to consideration: 7. in the first, the right to dispose of the property is completely
a. simple; conveyed to the donee, while in the second, the right is retained by the
b. remuneratory of compensatory; donor while he is still alive;
c. modal; 8. the first is subject to a donor’s tax, while the second is subject to
d. onerous estate tax

ART. 730
DONATION INTER VIVOS SUBJECT TO SUSPENSIVE CONDITION
- the article contemplates a situation where the donor intends the
donation to take effect during his lifetime but he imposes a
suspensive condition which may or may not take place beyond his
lifetime;
- the fact that the event happens or the condition is fulfilled after
the donor’s death does not change the nature of the act a a
donation inter vivos;
- the exception is when the donor really intended that the donation
should take effect after his death
2. the article makes the rules of contract directly applicable to onerous
donations and remuneratory donations as to the onerous portions
therof;
3. the remuneratory donations referred to by the article are the modal
donations or those which impose “upon the donee a burden which is
less than the value of the thing given”; as regards that portion which
exceeds the value of the burden, it shall be governed by the provisions
on donations;
4. modal donations are to be distinguished from the remuneratory
donations proper which consist of those made in consideration of
services rendered by the donee to the donor;
5. thereis no burden imposed on remuneratory donations;
6. if a burden is imposed, it becomes onerous as regards the value of
the burden

ART. 734
PERFECTION OF DONATION
ART. 731
DONATION INTER VIVOS SUBJECT TO A RESOLUTORY CONDITON 1. necessity of acceptance- must be made during the lifetime of the
donor;
- a donation subject to a resolutory condition takes effect 2. notice of acceptance – perfection takes place, not from the time of
immediately but shall become inefficacious upon the happening of acceptance by the donee but from the time it is made known, actually or
the event which constitutes the condition; constructively, to the donor;
- even if the donation is subject to the resolutory condition of the 3. revocation before perfection – once it is perfected it cannot be
donor’s survival, the donation is still inter vivos revoked without the consent of the donee except on grounds provided
by law;
ART. 732 4. if the donor revokes the donation before learning of the acceptance
PROVISIONS GOVERNING DONATIONS by the donee, there is no donation

- donations inter vivos are donations of property that are not

mortis causa;
- they include the simple, remunerative, modal and onerous,
whether or not subject to any condition or term;

ART. 733
RULES GOVERNING ONEROUS DONATIONS OR ONEROUS CHAPTER 2
PORTIONS OF DONATIONS PERSONS WHO MAY GIVE OR RECEIVE A DONATION

1. alienations by onerous title such as sale, may be considered a ART. 735

donation to the extent that the value of the thing sold exceeds the price CAPACITY OF DONOR TO CONTRACT AND DISPOSE PF PROPERTY
paid;
 - the article requires that the donor must have both the capacity to
contract and the capacity to dispose of his property in order that he
may make a donation
note: *provisions on the Family Code: art. 87, 98 and 125;
· art. 493 CC;
· B.P. Blg. 68 (Corporation Code) Sec. 36 (9) provides for the power of
corporations to make donation
ART. 736
DONATION BY A GUARDIAN OR TRUSTEE OF WARD’S PROPERTY
*where donation is simple:
- guardians and trustees cannot be donors of their ward’s
properties for the simple reason that they are not the owners of the
same;
*where donation is onerous:
- the prohibition, however, is not absolute; with respect to the
trustee, donation is permitted notwithstanding that the trustee
receives nothing in exchange directly, if the donation is onerous
and is beneficial to the benefiaciary
ART. 737
CAPACITY OF THE DONOR AT TIME OF MAKING THE DONATION
- donation is perfected is from the moment the donor knows of the
acceptance by the donee;
- under the article, the donor’s capacity must exist at the time of
the making the donation and not from the time of the knowledge by
the donor of the acceptance, that is , at the perfection of the act
note: the subsequent incapacity of the donor does not affect the validity of
the donation;
- this is similar to the rule in succession
ART. 738
CAPACITY OF THE DONEE
- a donee need not be sui juris, with complete legal capacity to
bind himself by contract;
- as long as he is not specially disqualified by law, he may accept
donations
ART. 739
DONATIONS VOID ON MORAL GROUNDS
- the article is based on consideraitons of morality and public
policy;
- the prohibitions mentioned in the article apply to testamentary
provisions and to life insurance
ART. 740
INCAPACITY TO SUCCEED A WILL
- the article expressly makes the provisions on incapacity to
succeed by will applicable to donations inter vivos;
- they are also applicable to donations mortis causa which are
governed by the law on succession;
- since donations and wills are both gratuitous, the same reason
for the incapacity exists for both cases
ART. 741
DONATIONS TO MINORS AND OTHERS WITHOUT CAPACITY TO
CONTRACT
- the article does not make any distinction;
- if the reason for requiring acceptance through the parents or
legal representative is the lack of capacity of the donee to give
consent, it is clear that the donee may not validly accept a donation
although it imposes no burden;
- in any case, when a formal or written acceptance is required by
the donor, such acceptance must be made by the parents or legal
representative
ART. 742
DONATIONS TO CONCEIVED AND UNBORN CHILDREN
- the article applies both to simple and onerous donations;
- the acceptance must be made by those persons who would
legally represent them if they are already born
ART. 743 2. the property donated is immovable;
DONATIONS TO INCAPACITATED PERSONS 3. the acceptance is not made in the same deed of donation but in as
separate public instrument
- the incapacity refers to persons specially disqualified by law to
become donees, such as those referred to in arts. 739 and 740; · the requirement of notification of the donor and notation in both
- donations to such persons are void even if simulated under the instruments that such notification has been made is necessary for the
guise of another contract or through an intermediary validity and perfection of the donation

ART. 744 ART. 748

DONATIONS OF THE SAME THING TO DIFFERENT DONEES FORMALITIES FOR DONATION OF MOVABLES

- the article expressly makes applicable by analogy the rules on *rules:

sales of the same thing to two or more different vendees 1. value of property exceeds P5,000:
- the donation and the acceptance must always be made in
ART. 745 writing;
BY WHOM ACCEPTANCE IS MADE - the donation and the acceptance need not be made in a public
instrument;
- a valid donation once accepted becomes irrevocable except on - nor is it necessary that the acceptance be made in the same
such grounds provided by law such as inofficiousness, failure of the deed of donation
donee to comply with charges imposed in the donations or by
reason of ingratitude 2. value of property is P5, 000 or less:
- it may be made orally or in writing;
ART. 746 - if made orally, there must be simultaneous delivery of the thing
WHEN ACCEPTANCE IS MADE or of the document representing the thing donated;
- if made in writing, the donation is valid although there is no
1. during lifetime of donor and donee – donation inter vivos: simultaneous delivery
- even if donation is made during their lifetime, but the donor dies
before the acceptance is communicated to him, the donation is not ART. 749
perfected; FORMALITIES FOR DONATION OF IMMOVABLES
2. after death of donor – doantion mortis causa:
- if the acceptance was made before the donor’s death, the - the article does not apply to onerous donations which are
donation mortis causa, although validly executed, cannot be given governed by the rules on obligations and contracts;
force and effect, such acceptance is void - the provision applies where the donation imposes upon the
donee a burden which is less than the value of the thing given
ART. 747 because it requires that the public document must specify the value
DUTY OF PERSON WHO ACCEPTS IN REPRESENTATION OF THE of the charges that the donee must satisfy
DONEE
· rules:
*requisites: 1. donation and acceptance are in the same instrument
1. acceptence is made through the parents, legal representative, or - requirements:
authorized agent of the donee; 1. must be in a public instrument or document;
 2. the instrument must specify the property donated and the charges, - the prohibition is based on the principle of law that nobody can
if any, which the donee must satisfy dispose of that which does not belong to him

2. donation and acceptance are in separate instruments ART. 752

- requirements: AMOUNT OF DONATION, LIMITED TO WHAT DONOR MAY GIVE BY
1. must be in a public instrument or document; WILL
2. the instrument must specify the property donated and the charges,
if any, which the donee must satisfy; - the article makes applicable to donations the limitation on
testamentary dispostion with respect to the amount thereof;
3. the acceptance by the donee must be in a public document;
- the provision means that a person may not donate more than he
4. it must be done during the lifetime of the donor;
can give by will and a person may not receive by way of donation
5. the donor must be notified in authentic form of the acceptance of more than what the donor is allowed by law to give by will;
the donation in a separate instrument; otherwise the donation shall be inofficious and shall be reduced
6. the fact that such notification has been made must be noted in both with regard tothe excess;
instruments - the limitation applies when the donor has forced or compulsary
heirs;
- but the limitation is enforceable only after the death of the donor
CHAPTER 3 because it is only then when it can be determined whether or not
EFFECT OF DONATIONS AND LIMITATIONS THEREON the donation is inofficious;
- therefore, the donation is valid during the lifetime of the donor
ART. 750
RESERVATION OF SUFFICIENT MEANS FOR SUPPORT OF DONOR ART. 753
AND RELATIVES DONATION TO SEVERAL DONEES JOINTLY

- a donor may donate all his present property or part threof *rules:
provided he reserves sufficient property in ownership or in usufruct 1. the donation is understood to be in equal shares;
for the support of himself and of all relatives who are entitled to be 2. there shall be no right of accretion among the donees unless the
supported by him at the time of the perfection of the donation; donor has otherwise provided;
- “present property” means property which the donor can 3. if the donees are husband and wife, there shall be a right of
rightfully dispose at the time of the donation accretion, if the contrary has not been provided by the donor;

note: consider art. 759; ART. 754

- art. 752; RIGHTS AND ACTIONS
- arts. 82, 83, 84 and 85 Family Code
*rules:
ART. 751 1. the donee is subrogated to all the rights and actions which in case of
DONATION OF FUTURE PROPERTY PROHIBITED eviction would pertain to the donor;
2. if the donation is simple or remunerative, the donor is not liable for
- “future property” refers to anything which the donor cannot eviction or hidden defects, because the donation is gratuitous;
dispose of at the time of the donation; 3. even if the donation is simple or remunerative, the donor is liable for
eviction or hidden defects in case of bad faith on his part;
4. if the donation is onerous, the donor is liable on his warranty but only - he is not liable beyond the value of the donation received
to the extent of the burden

ART. 755
DONATION WITH RIGHT TO DISPOSE OF PART OF OBJECT
DONATED, RESERVED

- the donor may reserve the right to dispose of some of the things
or part of the thing donated or some amount or income thereof;
- the donation is actually conditional, and the condition is fulfilled if
the donor dies without exercising the right he reserved, either by CHAPTER 4
acts inter vivos or mortis causa REVOCATION AND REDUCTION OF DONATIONS

ART. 757 ART. 760

DONATION WITH PROVISION FOR REVERSION GROUNDS FOR REVOCATION AND REDUCTION OF DONATION

- the donor may provide for reversion, whereby the property 1. revocation:
donated shall “go back” to the donor or some other person; - affects the whole donation and is allowed during the lifetime of
- a reversion in favor of the donor may be validly established “for the donor;
any case and circumstances”; - grounds:
- if the revision is in favor of other persons, such other persons 1. birth, appearance, or adoption of a child;
must be “living at the time of the donation” 2. non – fulfillment of a resolutory condition imposed by the donor;
3. ingratitude of the donee
ART. 758
LIABILITY OF DONEE TO PAY DEBTS OF DONOR 2. reduction:
- generally affects a portion only of the donation and is allowed
· rules: during the lifetime of the donor or after his death;
1. where donor imposes obligation upon the donee: - grounds:
- this is governed by art. 758;
1. failure of the donor to reserve sufficient means for support of
- the donee is liable to pay only debts previously contracted;
himself or dependent relatives;
- he is liable for subsequent debts only when there is a stipulation
2. failure of the donor to reserve sufficient property to pay off his
to that effect;
existing debts;
- he is not liable for debts in excess of the value of the donation
received, unless the contrary is intended 3. inofficiousness, that is, the donation exceeds that which the donor
can give by will;
2. where there is no stipulation regarding the payment of debts:
- this is dealt with in art. 759;
- the donee is generally not liable to pay the donor’s debts; ART. 761
- he is responsible therefor only if the donation has been made in EXTENT AND BASIS OF REVOCATION OR REDUCTION
fraud of creditors which is always presumed when, at the time of the
donation, the donor has not left sufficient assets to pay his debts; 1. birth, appearance, or adoption of a child:
 - the amount subject to revocation or reduction is the excess over
the portion that may be freely diposed of by will;
- the basis of revocation or reduction is the value of the whole
estate of the donor at the time of the birth, appearance or adoption
of a child, and not at the time of the death of the donor as in the
case of inofficious donations under art. 771
1. in case of inofficious donations:
- what is sought to be protected by the article is only the
prospective or presumptive legitime of the child because that is the
only portion which cannot be disposed of;
- if the donation does not exceed the free portion at the time of the
birth, appearance, or adoption, there will be no revocation or
reduction but it may still be reduced under art. 771 if it cannot be
covered by the free portion computed as of the time of the donor’s
death
ART. 762
OBLIGATION OF DONEE UPON REVOCATION OR REDUCTION
1. dependent upon the situation of property donated:
a. if the property affected is still in his possession, he must return the
same;
b. if he has sold the property, he must give its value;
c. if the property has been mortgaged by him, and the donor redeemed
the mortgage, he must reimburse the donor;
d. if the property cannot be returned, as when it has been lost or
destroyed, he must return its value at the time of the donation
2. determination of value at the time of donation
- it is presumed that the price at which the property is sold is its
value;
- if the price is less than its actual value, the donee is not liable for
the difference absent proof of bad faith;
- when the property cannot be returned, its value shall be
determined not as of the time of loss but as of the time of the
donation because the donee became owner from the latter time and
as owner he must suffer the loss or diminution, or enjoy the
increase in value of the property donated
ART. 763
PRESCRIPTION OF ACTION FOR REVOCATION OR REDUCTION
- the donation is revoked ipso jure by operation of law, “by the
happening” of any of the events mentioned in article 760;
- the period to bring an action is four years, and the day from
which the period shall begin to run depends upon the cause for
the revocation or reduction;
- if the donor dies within the period of prescription, the action is
transmitted to his legitimate and illegitimate children and
descendants;
- the surviving spouse and the ascendants of the donor are not
included
· if subsequent to the donation, more than one child was born, the
period of prescription is counted from the birth of the first child;
· with respect to legitimation, the period of prescription must be
counted from the time of the legitimation (from the celebration of the
subsequent marriage, whether or not the child is recognized by the
parents);
· with respect to adopted children, the period of prescription runs from
the date the judgment of the court approving the adoption becomes
final;
· with respect to judicial declaration of filiation, the period of
prescription must run from the date when the judgment declaring
filiation becomes final;
· as to receipt of information of existence of child believed dead, the
prescriptive period is to be computed not from the actual appearance of
the absent child but from the time the information was received
regarding its existence;
· in case more than one cause or ground for revocation or reduction
concur, the period of prescription must run from the earliest cause
ART. 764
FAILURE TO COMPLY WITH CONDITIONS
- “ conditions” actually refers to the obligations, charges, or
burdens imposed by the donor for his benefit or that of a third
person;
- what is contemplated is an onerous or modal donation;
 - it may also refer to a resolutory condition, but not to a
suspensive condition because if the condition is not fulfilled, the
donation never becomes effective;
- revocation implies that there is an existing donation;
- the condition must be fulfilled within the period fixed by the
donor;
- if the donation does not fix a period, the court shall determine
such period as may under the circumstances have been probably
contemplated by the donor;
- in case of non- fulfillment, the property donated reverts to the
donor;
- failure of the donee to comply with any condition imposed by the
donor will not affect third persons;
- in case of non – fulfillment by the donee of any of the conditions
imposed by the donor, the donation shall be revoked at the instance
of the donor;
- the donor may file action for specific performance;
- the article is not applicable to onerous donations which are also
governed by the general rules on prescription (see art. 733);
- the presumption is that the donee has complied with his
obligation under the deed of donation;
- donor has the burden of proof that the donee failed to comply
with his obligation;
- unlike the action for revocation or reduction, there is no
prohibition in art. 764 against the renunciation of the action by the
donor because the condition is purely contractual in nature; the
action may be waived;
- the death of the donor or the donee does not bar the action to
revoke for failure of the donee to comply with any of the conditions
imposed by the donor, provided the prescriptive period has not yet
expired;
- unlike the action under arts. 769 and 770, the action under art.
764 is transmissible in favor of the donor’s heirs and against the
donee’s heirs because the right granted is not personal to the donor
nor is the liability of the donee personal to him
ART. 765
REVOCATION BY REASON OF INGRATITUDE OF THE DONEE
- the article does not apply to donations mortis causa and onerous
donations;
- a donation propter nuptias may be revoked by the donor when
the donee has committed an act of ingratitude;
- the enumeration is exclusive and cannot be enlarged;
- the act of ingratitude must have been committed by the donee
himself because the duty of ingratitude is personal
ART. 766 in relation to ART. 767
EFFECT OF REVOCATION ON PRIOR ALIENATIONS AND
M,ORTGAGES
- in case of revocation of a donation by non – compliance by the
donee with any of the conditions imposed by the donor, alienations
and mortgages made by the donee are void, subject only to the
rights of innocent third persons;
- if the revocation is by reason of ingratitude, the alienations and
mortgages made by the donee before the complaint for revocation
is annotated in the Registry of Property shall subsist or are valid,
later alienations and mortgages shall be void;
ART. 768
RETURN NY DONEE OF THE FRUITS OR PROPERTY DONATED
v rules depend upon the causes of revocation or reduction:
1. if the cause is the birth, appearance, or adoption of a child or
ingratitude, or inofficiousness of the donation because the donor did not
reserve sufficient means for support, or he donated more than he can
give by will, only the fruits accruing from the filing of the complaint need
be returned;
- from this it can be implied that the donation remains valid up to
the time of the filing of the compalint;
2. if the cause is the non – fulfillment of the condition imposed in the
donation, the fruits must be returned from the time of the breach of the
condition;
- the donee shall return the property donated
ART. 769
RENUNCIATION AND PRESCRIPTIVE PERIOD OF ACTION BY
REASON OF INGRATITUDE
1. the action granted to the donor for revocation by reason of
ingratitude cannot be renounced in advance;
- what the law prohibits is waiver, prior to the commission of the
act of ingratitude;
- a past ingratitude can be the subject of a valid renunciation
because the renunciation can be considered as an act of
magnanimity on the part of the donor
2. the action prescribes within one year from the time the donor had
knowledge of the act of ingratitude and it was impossible for him to
bring the action;
- in case of a fortuitous event, the period during which such
impossibility existed is not counted
ART. 770
TRANSMISSION OF ACTION FOR REVOCATION
*general rule:
- the action to revoke a donation by reason of ingratitude is purely
personal to the donor and cannot, as a rule, be transmitted to the
heirs;
*exceptions:
- if the donee killed the donor, the latter’s heirs can ask for
revocation;
- the heirs may also do so if the donor dies without having known
of the act of ingratitude;
- if a criminal case against the donee was instituted by the donor,
but the donor dies before he could bring the civil action for
revocation, his heirs may likewise bring action because in such
case, the intent of the donor not to pardon the donee is quite clear;
- if the action for revocation has already been filed by the donor
before his death, his heirs are qllowed to continue the same
note: the heirs of the donee are not held responsible for the acts of their
predecessor – donee;
- the act of ingratitude of the donee is personal;
- but if the donor has already filed the complaint before the
donee’s death, the suit may be continued against his heirs
ART. 771
REDUCTION OF INOFFICIOUS DONATIONS
- the action to reduce the inofficious donation must be brought
withing five years from the time the right of action accrues
ART. 772
PERSONS ENTITLED TO ASK FOR REDUCTION
- donor not included because the inofficiousness can only be
determined after his death;
- the right to ask for reduction of inofficious donations cannot be
renounced during the lifetime of the donor, either by express
declaration or by consenting to thet donation;
- future legitime is not subject to renunciation
ART. 773
REDUCTION WHERE THERE ARE TWO OR MORE DONATIONS
1. the subsequent donations shall first be reduced and only if they are
not sufficient to cover the disposable portion should the earlier ones be
reduced also with regard to the excess;
2. if the two donations were perfected at the same time, the reduction
should be proportionate unless otherwise provided by the donor
*RESUME OF RULES ON REVOCATION
1. based on birth, appearance, or adoption of a child (art. 760):
a. time of action: 4 years (art. 763 par.1);
b. transmissibility of action: transmitted to children and descendants of
the donor upon his death (art. 763, par.2);
c. effect of revocation: property affected shall be returned, or its value if
the donee has sold the same, or the donor may redeem the mortgage
on the property, with a right to recover the property; (arts. 762 pars. 1 &
2);
d. liability for fruits: donee shall return the fruits accruing from the filing b. transmissibility of action: action is transmitted to the donor’s heirs as
of the complaint ( art. 768 par. 1); the donation shall be reduced as regard the excess at the time of the
donor’s death;
2. based on non–compliance with condition or conditons (Art. 764): c. effect of reduction: donation takes effect during the lifetime of the
a. time of action: 4 years 9art. 764 last par); donor subject to reduction only upon his death with regard to the
b. transmissibility of action: the action may be transmitted to the excess;
donor’s heirs and may be exercised against the donee’s heirs; d. right to fruits: the donee appropriates the fruits as owner of the
c. effect of revocation: property donated shall be returned to the donor property (art.441);
and the alienations and mortgages are void subject to the rights of
innocent third persons (art. 764 par.2);
d. liability for fruits: the donee shall return the fruits which he may have 3. based on birth, appearance, or adoption of a child (art. 760)
received after having failed to fulfill the condition (art. 768 par.2); a. time of action: same as no. 1 (a);
b. transmissibility of the action: same as no. 1 (b);
3. based on act of ingratitude (art. 765) c. effect of reduction: same as no. 1 (c);
a. time of action: one year (art. 769); d. liability for /right to fruits: the donee,as owner, appropriates the fruits
b. transmissibility of action: the action is not transmitted to the heirs of of the property not affected by the reduction(art. 441) but with regard to
the donor nor can the action be filed against the heirs of the donee (art. the excess, he shall be liable only for the fruits accruing from the filing
770); of the complaint (art. 768, par. 1);
c. effect of revocation: property donated shall be returned but
alienations and mortgages effected before the notation of the complaint 4. based on fraud against creditors (art. 759)
for revocation in the Registry of Property shall subsist; a. time of action: 4 years (art. 1389);
d. liability for fruits: same as no. 1, (d) b. transmissibility ofaction: action is transmitted to the creditor’s heirs
or successors – in –interest (art. 1178);
c. effect of reduction: the property affected shall be returned by the
· RESUME OF RULES ON REDUCTION donee for the benefit of the creditor subject to the rights of innocent
1. based on failure of the donor to reserve sufficient means for support third persons;
(art. 750) d. liability for fruits and damages: the fruits of the property affected
a. time of action: the action may be brought at any time by the donor or shall also be returned;
by the relatives entitled to support during the lifetime of the donor; - in case the donee acted in bad faith and it should be impossible for him to
b. transmissibility of action: action not transmissible as the duty to give return the property affected due to any cause, he shall indemnify the
support and the right to receive are personal in nature (art. 195 Family donor,s creditor for damages suffered by the latter
Code);
c. effect of reduction: donation is reduced to the extent necessary to
provide support (art. 750);
d. right to fruits: the donee is entitled to the fruits of the owner of the
property donated (art. 441);

2. based on inofficiousness for being in excess of what the donor can

give by will (art. 750, 771)
a. time of action: 5 years ( arts. 771, 1149);