DIFFERENT MODES OF ACQUIRING OWNERSHIP people; converted into res nullius if they lose

Mode: the legal means by which dominion or ownership is created, the habit of returning to the premise
transferred or destroyed. assigned to them by the owner
 Actual process of acquisition of ownership or real right (3) Domestic: those born and ordinarily raised
under the care of people
Title: the legal basis by which to affect dominion or ownership.  Pigeons and fish: shall belong to the owner of their new
 The juridical justification for the acquisition or transfer breeding place.
of ownership or real right o Provided they have not been enticed by
some artifice or fraud
Original modes: those independent of any pre-existing right of o Basis: Article 415 considers them part of
another person (res nullius or res derelict); necessary free from the immovable property.
burdens or encumbrances  Hidden treasure
(1) Occupation o Discovery by chance: finder who is not the
(2) Intellectual creation owner is entitled to one-half of the value of
the treasure
Derivative modes: those based on a right previously held by another o No share if he is a trespasser or if discovery
person, and therefore subject to the same characteristics when held is not by chance
by the preceding owner  Lost movables
(1) By law o Obligation of finder (Art. 719)
(2) By donation  If last possessor is known:
(3) By testate and intestate succession return movable to him
(4) By tradition, in consequence of certain contracts  If not: immediately deposit it
with the mayor of the place
where the finding took place
OCCUPATION o Finding shall be publicly announced by the
Concept: Occupation is a mode of acquiring ownership by the mayor for 2 consecutive weeks in the way
apprehension/seizure of a corporeal thing which has no owner, made he deems best.
with intent to acquire it and done according to the rules laid down by  If it deteriorates, sold in a public
law. auction 8 days after publication.
o Within 6 months from the publication of the
Requisites: finding:
(1) The subject must have the intention to acquire  If the owner does not appear,
ownership, and therefore must have the necessary thing or its value shall be
capacity to consent; awarded to the finder
(2) The object must be appropriable by nature and without  If owner appears, he shall
an owner; recover the thing and reward the
(3) There must be an act of taking possession of the thing, finder 1/10th of its value;
which does not necessarily mean material holding reimburse expense

Subject of occupation: thing appropriable by nature which are TRADITION

without an owner, such as –
(1) Animals that are the object of hunting and fishing;
(2) Hidden treasure; and
(3) Abandoned movables.
a. Requires: (a) physical relinquishment of the
thing; and (b) clear intention not to reclaim
or reassume ownership thereof.
b. Abandonment converts a thing into res
nullius.
Hunting and fishing
 Governing law: The right to hunt and to fish is
regulated by special laws.
 Bees:
(1) Owner of a swarm of bees shall have a right
to pursue them to another’s land,
indemnifying the possessor of the latter for
the damage.
(2) If the owner has not pursued the swarm, or
ceases to do so within 2 consecutive days,
the possessor of the land may occupy or
retain the same.
 Domesticated and domestic animals:
(1) Wild: res nullius; if captured, they become
res nullius again when they regain their
liberty, except when the owner pursued
them without delay
(2) Domesticated: originally wild, but have
been captured, tamed and accustomed to
Definition: legal delivery
 Derivative mode of acquiring ownership
 Thing is understood to be delivered when it is placed in
the control and possession of the vendee/transferee
Kinds of tradition
(1) Actual/real delivery
(2) Constructive delivery
 Symbolic tradition
 Traditio longa manu
 Traditio brevi manu
 Traditio onstitutum possessorium
(3) Quasi-delivery
(4) Tradition by operation of law
INTELLECTUAL CREATION
Creator and subject
 Author: literary, dramatic, historical, legal,
philosophical, scientific or other work
 Composer: musical composition
 Painter, sculptor or other artist: product of his art
 Scientist, technologist or inventor: discovery or
intervention
Vesting of copyright or patent
 Copyright: moment of creation; registration not
required
 Patent: first-to-file rule
DONATION
Definition and kinds of donation
(1) Simple donation: an act of liberality whereby a person
disposes gratuitously of a thing or right in favor of
another, who accepts is (Art. 725)
(2) Remuneratory donation: those given on account of the
donee’s merits or of the services rendered by him to the
donor, provided they do not constitute a demandable
debt (Art. 726)
a. The motivating cause is gratitude, a desire to
acknowledge or compensate a favor
(3) Conditional or modal donations: those which impose
upon the donee a burden inferior in value to that of the
thing donated
a. Illegal or impossible conditions are deemed
not to have been imposed.
b. Fixing of an event or the imposition which
may take place beyond the lifetime of the
donor does not destroy the nature of the act
as a donation inter vivos.
c. When a donor donates something, subject to
the resolutory condition of the donor’s
survival, the is donation inter vivos.
(4) Donations with onerous cause: made for valuable
consideration
a. Governed by the rules on contracts
Object of donation
 What may be the object of donation: all the present
property of the donor or part thereof
o Provided he reserves sufficient means to
support himself and all relatives who, at the
time of the acceptance of the donation, are
by law entitled to be supported by the donor
o Consequence of non-reservation: reduction
of the donation upon petition of the person
affected
 Limitations on the object of donation
o Cannot comprehend future property
(anything which the donor cannot dispose or
at the time of the donation)
 Nemo dat quod non habet
 But properties to which the
donor has a right, although the
delivery of such properties to
him may be fixed for a future
date & those which pertain to
him conditionally, and will
become his upon the happening
of a suspensive condition are
NOT future properties
o Inofficious donation: no person may donate
more than what he may give by will
 This limitation applies to
persons with compulsory heirs
 Donor may reserve the right to dispose of some of the
things donated, or of some amount which shall be a
charge thereon
 The ownership of property may be donated to one person
(naked ownership) and the usufruct to another or others,
provided all donees are living at the time of the donation.
Effects of donation
 Donation made to several persons jointly: understood to
be in equal shares; no right of accretion unless otherwise
provided
o Not applicable to donations made to the
husband and wife jointly
 Donee is subrogated to all the rights and actions which
in case of eviction shall pertain to the donor
o Donor not obliged to warrant the things
donated, save when donation is onerous
o Donor liable for eviction or hidden defects
in case of bad faith on his part
 Reversion may be established in favor of the donor
ONLY; otherwise, void.
 When the donation imposes upon the done the obligation
to pay the debts of the donor
o GR: Donee is understood to be liable only
for debts which appear to have been
previously contracted
o Exc: If the contrary is provided
o Limit of donee’s liability: must not exceed
the value of the property donated
 If no stipulation as to debt, done is liability only in case
of fraud of creditors
Kinds of conditional donation
[1] Mortis causa
 Those which are to take place upon the death of
the done  governed by the rules on succession
[2] Propter nuptias
 Those made before the celebration of marriage, in
consideration thereof, in favor of one or both of
the future spouses
 Governed by the rules on ordinary donations under
the CC insofar as they are not modified by the
provisions of the FC.
 Donations of property subject to encumbrance
shall be valid. (Art. 85, FC)
o In case of foreclosure, donee not liable
for deficiency, but entitled to excess.
 Grounds for revocation:
o If marriage is not celebrated or is
judicially declared void ab initio
o When marriage takes place without
consent of parents of guardian, as
required by law
o When marriage is annulled, and the
done acted in bad faith
o Upon legal separation, the done being
the guilty spouse
o If resolutory condition is complied
with
o When done has committed acts of
ingratitude
 Committed a crime
against the donor or his
wife and children under
parental authority
 Donee imputes to the
donor any criminal
offense, or act involving
moral turpitude
 Donee refuses to give
support to donor when he
is legally or morally
obliged to do so
[3] Inter vivos
 Those that take effect during the lifetime of the
donor, even though delivery shall not be made
until after his death. (Art. 729)
o In such case, the fruits of the property
from the time of acceptance shall
pertain to the done, unless the donor
provides otherwise.
 General provisions on obligations and contracts
shall apply suppletorily.
Formalities
[1] Donor’s qualifications
 Who may donate: All persons who mat contract and
dispose of their property may make a donation,
o The donor’s capacity to make donations
shall be determined as the time of making
the donation., which is the point of
“perfection of donation.”
 Void donations:
(1) Those made between parties are were guilty
(by preponderance of evidence) of adultery
and concubinage at the time of the donation;
(2) Those made between persons found guilty
of the same criminal offense, in
consideration thereof;
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his
office.
 Guardians and trustees cannot donate the property
entrusted to them.
[2] Donee’s qualifications
 [1] Due to birth, appearance or adoption of a child
 Incapacity to succeed  applicable to donation inter
vivos
(1) Priest who heard the last confession of
testator, or minister who extended spiritual
aid to him
(2) Relatives of such priest or minister within
the 4th degree, church, order…or institution
to which the belong
(3) Guardian with respect to the testamentary
dispositions given by a ward, before the
final accounts of the guardianship have been
approved (not applicable if guardian is a
intestate heir)
(4) Any attesting witness to the execution of the
will
(5) Physician, surgeon, nurse, health officer or
druggist who took care of the testator during
his last illness
(6) Persons not permitted by law to inherit
 Who may accept donations: All those who are not
specially disqualified by law
o Minors and others who cannot enter into a
contract: acceptance shall be done by their
parents/legal representatives
o Unborn children: may be accepted by the
persons who would legally represent them if
they were already born
 Donations made to incapacitated persons  VOID
 Donation of the same thing to two or more persons 
governed by the provisions on DOUBLE SALE
 Donation between spouses  void, except moderate
gifts on occasion of family rejoicing
o Prohibition also applies to common-law
spouses
[3] How made
 Movable: orally or in writing
o Oral donation requires the simultaneous
delivery of the thing/document representing
the right to be donated.
o If value > 5K, donation and acceptance must
be made in writing, otherwise void
 Immovable: must be made in a public instrument,
specifying therein the property donated and the value of
the charges which the donee may satisfy
o Acceptance: may be made in the same deed
or in a separate public document; must be
done during the lifetime of the donot
o If acceptance in a separate instrument 
donor shall be notified in authentic form
[4] How accepted
 Perfection: from the moment the donor knows of the
acceptance
 How made:
o Personally or
o Through an authorized person with a special
power for the purpose, or with a general
power and sufficient power
 When made: During the lifetime of the donor (he must
know of the acceptance during his lifetime, otherwise
the donation will not take effect)
Revocation of donation
 Consequence: donation is either revoked or reduced
o The donation may either be revoked or
reduced insofar as it exceeds the portion that
may be freely disposed of the by will, taking
into account the whole estate of the donor at
the birth etc
 Grounds
o If the donor, after the donation, should have
legitimate or legitimated or illegitimate
children, even though they be posthumous;
o If the child of the donor, whom the latter
believed to be dead when he made the
donation, should turn out to be living
o If the donor subsequently adopts a minor
child
 Presumption: Donor would not have made the donation
if he had or he knew he had a child who would be entitled
to his affection and property.
 What of the child died before the revocation is filed?
Donation subsists.
 Decision of court is mere declaratory
 Effect of revocation
o Property affected shall be returned of its
value if already sold.
o If mortgaged, donor may redeem it by
paying the amount guaranteed, with a right
to recover the same from the done
o If property cannot be returned  estimate
the worth
 Prescription: 4 years from birth of child, or from his
legitimation, recognition or adoption, or from the
judicial declaration of filiation, or from the time info was
received re the child’s existence
 Transmissibility: to his legit and illegit children and
descendants
[2] Non-compliance with conditions
 Consequence: Donation is REVOKED
 How made: at this instance of the donor
 Effect: Property donated shall be retuned to donor;
alienations are void
 Prescription: 4 years from the non-compliance with the
condition
 Transmissibility: To the heirs of the donor and against
the heirs of the done
 Fruits: Donee shall not return fruits except from the
filing of the complaint.
[3] Ingratitude
 Consequence: Donation is REVOKED, not merely
reduced
o But the mortgages and alienations effected
before the notation the complaint for
revocation in the RoP shall subsist
 Trigger: at the instance of the done
 Grounds:
o If the donee should commit some offenses
against the person, the honor or the property
of the donor, or that of his wife or children
under his parental authority
o If done imputes to the donor any criminal
offense, or any act involving moral turpitude
o If he unduly refuses him support when the
done is legally or morally bound to give
support to the donor
 Effect: Property shall be returned, or the donor may
demand its value at the time of the donation
 Fruits: Donee shall not return fruits except from the
filing of the complaint.
 Prescription: 1 year from the time the donor had
knowledge of the fact and it was possible for him to
bring the action
o Cannot be renounced in advance
 Transmissibility: Not transmissible to the heirs if the
donor did not institute the action
o Cannot be brought against the heirs of the
donee, unless the complaint has been filed
upon the death of the donee

[4] Inofficiousness
 Consequence: Donation is reduced
o Does not prevent the donation from taking
effect during the life of the donor
 Extent: The excess over what the donor may give by
will as to not impair the legitime of compulsory heirs
o Estimated net value of the donor’s property
at the time of his death shall be taken into
account
 Right of action
o Who may ask: Only those who at the time of
the death of the donor have a right to the
legitime and their heirs and successors-in-
interest
o Right of action cannot be renounced during
the lifetime of the donor