Professional Documents
Culture Documents
Property Memory Aid
Property Memory Aid
Jurisprudence:
a. Bicarro vs. Teneza: “Once a house is demolished, its character as an immovable
ceases.”
b. Leung Yee vs. Strong Machinery Co.: “The building of strong materials in which the rice-
cleaning machinery was installed by the "Compañia Agricola Filipina" was real property, and the
mere fact that the parties seem to have dealt with it separate and apart from the land on which it
stood in no wise changed its character as real property. It follows that neither the original
registry in the chattel mortgage of the building and the machinery installed therein, nor the
annotation in that registry of the sale of the mortgaged property, had any effect whatever so
far as the building was concerned.”
c. Standard Oil Co. of New York vs. Jaramillo- The parties to a contract of chattel
mortgage may by agreement treat as personal property that which by nature would be real
property, such as leasehold rights and building.
d. Evangelista vs. Alto Surety & Insurance Co.- “Intention to treat as personal property not
binding to third persons, but only to contracting parties.”
e. Makati Leasing & Finance Corp. vs. Wearever Textile Mills, Inc.-“The law makes no
distinction as to the ownership of land on which the house is built.”
f. Davao Sawmill Co., Inc. vs. Castillo- “A mortgaged house built on a rented land is
personal property not only because the deed of mortgage considered it as such, but also because
it did not form part of the land for it is now well-settled that an object placed on land by one who
has only a temporary right to the same such as the lessee or usufructuary, does not become
immobilized by attachment.”
PROPERTY 2
g. Tumalad vs. Vicencio- “Statements by the owner declaring his house to be a chattel is a
conduct that may conceivably estop him from subsequently claiming otherwise. (Ladera vs. C.N.
Hodges. Although there is no specific statement referring to the subject house as personal
property, yet by ceding, selling or transferring a property by way of chattel mortgage defendants-
appellants could only have meant to convey the house as chattel, or at least, intended to treat the
same as such, so that they should not now be allowed to make an inconsistent stand by claiming
otherwise.”
Jurisprudence:
a. Lavarro vs. Labitoria- “Since trees and plants annexes to the lands are parts thereof,
unless rights or interests in such trees or plants are claimed in the registration proceedings by
others, they become the property of the persons to whom the land is adjudicated.”
b. Sibal vs. Valdez- “For purposes of attachment, execution and the chattel mortgage law,
growing crops or fruits or ungathered products or fruits have the nature of personal property.”
c. Uprooted timber still part of the timber land according to Manresa.
3. Destination- movables but purpose is to partake of an integral part of an immovable for the
utility it gives to the activity carried thereon.
a. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach
them permanently to the immovable is revealed. (Only the owner or agent should place them.
415.4
b. Machinery, receptacles, or instruments placed by owner of the tenement or his agent and
tend directly to meet the needs of such works/industry. (415.5)
c. Animal houses if intended by the owner to become permanently attached to the
immovable. (415.6)
d. Fertilizer actually used on a piece of land. (415.7)
e. 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. (415.9)
Jurisprudence:
a. Davao Sawmill vs. Castillo- “Machinery which is movable in its nature only becomes
immobilized when placed in a plant by the owner of the property or the plant. But not when so
placed by the tenant, a usufructuary or any person having only a temporary right, unless such
person acted as the agent of the owner.”
b. Burgos, Sr. vs. Chief of Staff- “Machinery, though in fact bolted to the ground, remains
movable property susceptible to seizure under a search warrant, where its owner is not the owner
of the land and/or building on which it was placed.”
PROPERTY 3
c. Mindanao Bus Co. vs. City Assessor and Treasurer- “A transportation business is not
carried on in a building or on a specified land. Hence, equipment destined only to repair or service
a transportation business may not be deemed real property.”
d. Berkenkotter vs. Cu Unjieng-“Movable equipment to be immobilized must first be
essential and principal elements of an industry or works without which, such industry or works
would be unable to function or carry on the industrial purpose for which it was established.”
-“Improvements must be in a permanent nature and
essential to the industry or works.”
e. Board of Assessment Appeals vs. Manila Electric Co. – “Poles and steel supports or
towers of Meralco are not real property. They do not constitute buildings or constructions adhered
to the soil. They are merely attached to a square metal frame by means of bolts, could easily be
dismantled and moved from place to place. They are not attached to an immovable in a fixed
manner and they can be separated. They are not machineries, but even if they are, they are not
intended for industry or works on the land in which they are constructed.”
f. Standard Oil Co. of New York vs. Jaramillo- “It is a familiar phenomenon to see things
as real property for purposes of taxation which on general principles might be considered personal
property.”
g. Rubiso vs. Rivera- “Vessels are essentially movable but they partake to a certain extent
of the nature and conditions of real property due to their value or importance.”
Jurisprudence:
1. Involuntary Solvency of Strochecker vs. Ramirez- “½ Interest in Business is movable is
movable”
2. Sibal vs. Valdez- “Growing crops or ungathered products raised by labor and cultivation
are considered personal property. The existence of a right on the growing crops is a mobilization
by anticipation.” [The Chattel Mortgage Law considers them also personal property]
3. US vs. Carlos- “The true test of what is a proper subject of theft seems to be not whether
the subject is corporeal or incorporeal but whether it is capable of appropriation by another than
the owner. Electricity, the same as gas is a valuable article of merchandise, bought and sold like
other personal property and is capable of appropriation by another.”
PROPERTY 4
1. According to Nature.
a. Consumable- cannot be utilized without being consumed.
b. Non-Consumable
2. According to the intention or purpose of the parties.
a. Fungible- if it can be substituted by another thing of the same kind, quantity and quality.
b. Non-Fungible- if not replaceable in such equivalents.
2. Private Ownership-
A. Patrimonial property of State, provinces, cities and municipalities (424)
i. exists for attaining the economic ends of the State.
ii. property of public dominion when no longer intended for public use/service (422)
NOTE: Patrimonial Properties may be acquired by private individuals or corporations
through prescription. They may be an object of an ordinary contract.
NOTE: Sacred and religious objects are considered outside the commerce of men.
They are neither public nor private.
JURISPRUDENCE:
Jurisprudence:
1. Macasiano vs. Diokno- “Political subdivisions have no authority whatsoever to control or
regulate the use of public property unless specific authority is vested upon them by the Congress.”
2. Capitulo vs. Aquino- “It does not matter if property intended for public use is not actually
devoted for public use. It remains property for public use or service.
3. Province of Zamboanga Del Norte vs. City of Zamboanga- “Properties belonging to
Zamboanga DN were transferred under RA 3039 free of charge in favor of Zamboanga City. The
issue in this case is whether the properties are for public use or patrimonial property, for purposes
of ascertaining the control of Congress. It was held that all the properties in question except the
two lots used as High School playgrounds could be considered as patrimonial properties of the
Zamboanga Province. Even the capitol site, the hospital and leprosarium sites and the school sites
will be considered patrimonial for they are not for public use. They would fall under the phrase
‘public works for public service’, for such public works must be for free and indiscriminate use by
anyone. RA 3039 is valid insofar as it affects the lots used as capitol site, school sites and its
grounds, hospital and leprosarium sites and the highschool playground sites since they were held
by the former Zamboanga province in its governmental capacity and therefore subject to absolute
control of Congress.
“Buildings follow classification of public lands on which they are built.”
“Registration cannot convert public property to private property.”
“Civil Code Classification is without prejudice to provisions of special laws.”
4. Salas vs. Jarencio- “A lot registered in the name of the City of Manila which was converted
by law as disposable or alienable land of the State is not patrimonial absent any evidence in
contrary. The property, regardless of the source or classification in the possession of a municipality
excepting those acquired with its own funds in its private or corporate capacity, is held in trust for
the State and subject to its paramount power.
PROPERTY 6
5. Manila Lodge No. 761 v. CA- “The grant made by Act No. 1360 of the reclaimed land to the
City of Manila is a grant of a public nature, the same having been made to a local political
subdivision. Such grants have always been strictly construed against the grantee, therefore it is of
public domain.” “An intention to devote property to public use is sufficient to make property of
public domain.” “Executive or legislative declaration is necessary to convert property of public
domain into patrimonial.”
6. Cuaycong vs. Benedicto- “The fact that a road has been kept in repair by a private
enterprise and the government has not contributed to the cost of its construction or maintenance,
tends strongly to support the contention that it is a private way or privately owned by the enterprise.
And the mere fact that a tract of land has been used for a long time as a road will not alone warrant
the presumption that it has been dedicated to the public.”- [425]
OWNERSHIP.- It is the independent and general right of a person to control a thing particularly in
his possession, enjoyment, disposition and recovery, subject to no restrictions except those
imposed by the State or private persons, without prejudice to the provisions of the law.
-Ownership may be exercised over a thing or a right (427)
TITLE- is that which constitutes a just cause of exclusive possession or which is the foundation of
ownership of property.
KINDS OF OWNERSHIP
1. Full Ownership- includes all the rights of the owner.
2. Naked Ownership- where the right to the use and the fruits has been denied.
(Naked Ownership + Usufruct = Full Ownership)
3. Sole Ownership- ownership is vested only in one person
4. Co-Ownership/Tenancy in Common- ownership is vested in two or more owners; unity of the
property; plurality of subjects.
LIMITATIONS
1. General limitations imposed by the state. (eminent domain, police power, taxation)
2. Specific limitations imposed by law. (servitudes, easements)
3. Limitations imposed by the party transmitting the property. (will, contract)
4. Limitations imposed by the owner himself. (voluntary servitude, mortgages, pledges)
5. Inherent limitations arising from conflict with other rights.(contiguity of property)
6. Owner cannot make use of thing which shall prejudice 3rd persons. (431)
7. State of Necessity (432)
8. True Owner must resort to Judicial Process (433)
Jurisprudence:
1. Roxas vs. CA- “Right to use not necessarily included in right to possess, as in contract of
deposit, since a bailee only holds the property in trust.”
2. Jabon vs. Alo- “A judgment of ownership may not include possession, which may be in the
hands of a lessee.”
3. Republic vs. Baylosis- “The Right to dispose includes the right not to dispose”
*** Calub vs. CA- A property that is validly deposited in custodia legis cannot be the subject of
a replevin suit.
2. Immovable
a. Accion Interdictal
i. Forcible Entry- used by a person deprived of possession through: force, intimidation,
strategy, threat or stealth (FISTS) (issue: de facto or physical possession not juridical, must
recover within one year from unlawful deprivation, or from discovery in case of stealth or strategy.
Summary proceeding)
ii. Unlawful Detainer- used by a lessor/person having legal right over property when
lessee/person withholding property refuses to surrender possession of property after expiration of
lease/right to hold property (physical possession, must recover within 1 year from unlawful
deprivation; date of last demand or last letter of demand); summary proceeding.
b. Accion Publiciana- plenary action to recover the better right of possession; must be brought
within a period of 10 years, otherwise the real right of possession is lost; issue is possession de
jure; ordinary civil proceeding.
*** Sarmiento vs. CA- “Where the facts averred in the complaint reveals that the action is
neither one of forcible entry nor unlawful detainer but essentially involves a boundary dispute, the
same must be resolved in accion reinvindicatoria.
*** German Management & Services vs. CA: “It can only be exercised at the time of an actual or
threatened dispossession.”
*** May be exercised by a 3rd Person- Negotiorum Gestio
ELEMENTS OF SELF-HELP
1. Person exercising rights is the lawful owner or possessor.
2. Can only be exercised at the time of an actual or threatened dispossession.
3. Use of force may be reasonably necessary to repel or prevent it.
- May be liable for excess force.
** COMPARATIVE DANGER: Danger must be greater than the damage to property. Must consider
the economic and sentimental value of the property.
** The owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his
reimbursement by all those who benefited.
** In case of conflict between the exercise of the right of self-help and a proper and licit state of
necessity, the latter prevails because there is no unlawful aggression when a person or a group of
persons acts pursuant to the right given in a state of necessity.
Additional Jurisprudence:
1. Calicdan vs. Cendaña- “A deed of donation inter vivos, albeit void for having been executed by
one who was not the owner of the property donated, may still be used to show the exclusive and
adverse character of the donee’s possession.”
2. Heirs of S. Maningning vs. CA- “While a verbal donation under which the donee and his
predecessors-in-interest have been in possession of the lands in question is not effective as a
transfer of title, still it is a circumstance which may explain the adverse and exclusive character of
the possession.”
PROPERTY 9
RIGHT OF ACCESSION
- The right by virtue of which the owner of a thing becomes the owner of everything that it may
produce or which may be inseparably united or incorporated thereto either naturally or artificially.
(440)
ACCESSION DISCRETA
General rule: The owner of the land owns the fruits.
Exceptions: (PULA)
1. Possessor in Good Faith of the land.
2. Usufructuary
3. Lessee gets the fruits of the land
4. Antichretic creditor. Fruits apply to interest first if owing and then to principal.
NATURAL FRUITS- spontaneous products of the soil and the young of animals
INDUSTRIAL FRUITS- those produced by lands of any kind through cultivation or labor
CIVIL FRUITS- rents of buildings, the price of lease of lands and other property and the amount of
perpetual or life annuities or other similar income. (441/442)
Art. 443. Obligation of recipient of fruits to reimburse necessary expenses of 3rd person.
OBLIGATIONS
PROPERTY 10
1. Gathered Fruits
Planter Owner
Planter in GF Keeps fruits No necessity to reimburse the
planter of expenses since he
retains the fruits
Planter in BF Reimbursed for expenses for Gets Fruits, pay planter
production, gathering & expenses
preservation
2. Standing Crops
Planter Owner
Planter in GF Reimbursed for expenses for Owns fruits provided he pays
production, gathering & planter expenses (forced co-
preservation ownership)
Planter in BF Loses Everything, No right to Owns Fruits
be reimbursed
Art. 444. When Natural Fruits and Industrial Fruits Deemed to Exist.
When Male and Female belong to different owners, who own the offspring?
Under the Partidas, the owner of the female was considered to be the owner of the young
unless there is a contrary custom or speculation. The legal presumption, in the absence of proof to
the contary, is that the calf, as well as its mother belong to the owner of the latter, by the right of
accretion. (US vs. Caballero). This is also in accord with the maxim “pratus sequitor ventrem”(The
offspring follows the mother)
A. RULES WHEN LAND OWNER (LO) CONSTRUCTS OR PLANTS ON HIS LAND WITH
MATERIALS OF ANOTHER (OM). (447)
LO OM
Becomes owner of the materials but must pay 1. Entitled to reimbursement provided he does
for their value. not remove them; Or
2. Entitled to removal provided there is no
EXCEPTION: When they can be removed substantial injury
PROPERTY 11
LO OM
Becomes owner of the materials but must pay 1. Entitled to ABSOLUTE RIGHT OF
for their value plus damages. REMOVAL plus damages OR
LO OM
Exempted from Reimbursement and entitled to No Right!
damages
B. RULES WHEN A 3RD PERSON BUILDS, SOWS OR PLANTS (BPS) ON LANDOWNER’S (LO)
LAND. (448)
LO BPS
Has a choice either to: 1. Right to payment of indemnity:
1. Appropriate house after payment of a. Necessary Expenses, Right of retention until
indemnity OR reimbursed.
2. Compel the builder to buy the land upon b. Useful Expenses, Right of retention
which the building was built, unless the value
of the land be considerably more than the 2. May remove the ornaments with which he
value of the house—in such case builder pays has embellished the principal thing if it suffers
rent. If builder pays, he has no right of no injury thereby, and if his successor in
PROPERTY 12
retention and LO is entitled to remove possession does not prefer to refund the
improvement. amount expended.
LO BPS
1. Gets the accessory without paying any 1. Loses what is built, planted or sown without
indemnity, but must pay necessary expenses right to indemnity.
for preservation of the land. LO is entitled to
damages. 2. Liability for damages
2. Demand demolition of the work, or that the
planting or sowing be removed at the BPS’s 3.Entitled to reimbursement for necessary
expense PLUS damages expenses of preservation of land
3. Compel the BPS to pay the price of the
land, and the sower the proper rent whether or
not the value of the land is considerably more
than the value of the house PLUS damages.
LO BPS
Becomes owner of the materials but must pay 1. Entitled to ABSOLUTE RIGHT OF
for their value plus damages. REMOVAL plus damages OR
EXCEPTION: When Owner of the Materials 2. Entitled to reimbursement plus damages (in
decides to remove them whether or not case he chooses not to remove)
destruction would be caused. (Absolute
Removal). Owner of Materials would still be
entitled to damages
Remedies if option exercised by the Landowner was compulsory selling and Builder fails to
pay:
1. Leave things as they are and assume relation of lessor and lessee; pay rents
2. Demolish what has been built, sown or planted. (Ignacio vs. Hilario)
3. Consider price of land as an ordinary money debt of the builder. Therefore he may enforce
payment thru an ordinary action for recovery of a money debt (levy and execution).
ART. 448 (3RD PERSON PLANTS, BUILDS, SOWS) DOES NOT APPLY WHEN:
1. The BPS does not claim ownership over the land but possesses it as mere holder, agent,
usufructuary or tenant; he knows that the land is not his. (Balucaneg vs. Francisco)
Exception: if a tenant whose lease is about to expire, nevertheless still sows, not knowing that
the crops will no longer belong to him.
PROPERTY 13
2. The BPS is a co-owner, even if later on, during the partition, the portion of the land used is
awarded to another co-owner.
3. A person constructs a building on his own land, and then sells the land but not the building to
another, there could be no question of good faith or bad faith on the part of the builder. He can be
compelled to remove the building. The new owner will thus not be required to pay any indemnity for
the building. (Coleongco vs. Regalado)
4. The builder is a belligerent occupant. (buildings use is temporary, i.e. airfield/campsite)
*** When Landowner sells land to a 3rd person who is in Bad faith, the builder must go against him,
but when the 3rd person paid the landowner, the builder may still file a case against him but the 3 rd
person may file a 3rd party complaint against the landowner.
Rule when three parties are involved: (LO, BPS and OM)
1. As between OM and BPS, good faith must govern. BPS must reimburse OM but in case BPS
cannot pay LO will not be subsidiarily liable because as to him OM is in Bad faith.
2. LO can ask damages from both, moreover:
a. He may appropriate what has been built as his own, without payment of any indemnity for
useful or necessary expenses for the building but with indemnity for the necessary expenses for
the preservation of the land.
b. Demand the demolition of the house at builder’s expense.
c. Compel the builder to pay the price of the land whether the land is considerably more
valuable than the building or not.
Jurisprudence:
1. Sarmiento vs. Agana- “The landowner on which a building has been constructed in good
faith by another has the option to buy the building or sell his land to the builder, he cannot refuse to
exercise their option and compel the builder to remove or demolish the improvement. An order by a
court compelling a builder in good faith to remove his building from a land belonging to another
who chooses neither to pay for such building nor sell the land is null and void for being offensive to
Art. 448”
2. Depra vs. Dumlao- “Owner of the land on which an improvement was built by another in
good faith is entitled to removal of the improvement only after the landowner has opted to sell the
land and the builder refused to pay for the same. Where the land’s value is considerably more than
the improvement, the landowner cannot compel the builder to buy the land. In such event, a forced
lease is created and the court shall fix the terms thereof in case the parties disagree thereon.”
3. Ballatan vs. CA- “The right to choose between appropriating the improvement or selling the
land is given to the owner of the land and not the court.”
PROPERTY 14
4. Pleasantville Development Corporation vs. CA- “A lot buyer who constructs improvements
on the wrong property erroneously delivered by the owner’s agent, honestly believing that the said
lot was what he brought from the seller, is NOT guilty of negligence and his violation of the contract
of sale or instalment may not be the basis to negate the presumption of good faith as such violation
has no bearing on his state of mid at the time he built the improvements.”
5. Pecson vs. CA- “Parties may agree that Art. 448 and 546 are applicable and indemnity for
the improvements may be paid although they differ as to the basis of the indemnity.”
6. Manila Railroad Co. vs. Paredes- “When Manila Railroad Co. built its track on a land without
any opposition from the owner who merely stood by, the owner was deemed to have waived his
right to recover possession of his property and the construction thereon. His only remedy would be
to recover damages for the value of the property taken considering that the corporation merely
exercised its power of eminent domain as authorized by law.”
7. Nuguid vs. CA- “Offsetting necessary and useful expenses with the fruits received by the
builder-possessor in good faith is not allowed.”
8. Manotok Realty, Inc. vs. Tecson- “Where the improvements have been destroyed by a
fortuitous event without the fault of the landowner, the basis for the builder’s right to retain the
premises is extinguished; hence there is no other recourse for him but to vacate the premises and
deliver the same to the landowner.”
9. Calapan Lumber Co. vs. Community Sawmill Co.- “The right of retention of a builder in
good faith until payment of the proper indemnity does not apply to property of public domain. The
builder may however be entitled to the cost of construction with interest upon securing
authorization of proper authorities or designate such road a toll road to raise the funds necessary
to reimburse the company.”
10. Mendoza vs. Deguzman- “Once the owner elects to appropriate the improvements, the
BPS cannot exactly be considered a possessor in good faith. Hence, whatever fruits he receives
during the pendency of retention must be deducted from whatever indemnity is due to him; and in
case it exceeds the value of the indemnity, the excess shall be returned to the owner of the land.”
11. Sps. Del Ocampo vs. Obesia- “A co-owner is not a 3rd Person with respect to the land
owned in common for it cannot be said that it exclusively belongs to another but of which he is a
co-owner. However, if the co-ownership is terminated by partition and it appears that the house of
the defendant (a former co-owner) overlaps or occupies a portion of the land pertaining to the
plaintiff (another former co-owner) which the defendant build in good faith, then Art. 448 should
apply even when there was a co-ownership.”
ALLUVIUM
- soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the
current of water.
ACCRETION
- is the process whereby the soil is deposited
Jurisprudence:
PROPERTY 15
1. Binalay vs. Manalo- “A sudden and forceful action like that of flooding is not the alluvial
process contemplated under Art. 457. It is the slow and hardly perceptible accumulation of sould
deposits that the law grants to the riparian owner.”
2. Ignacio vs. Director of Lands- “Art. 457 does not apply where the accretion is caused by
action of Manila Bay, it being a part of the sea, a mere indentation of the same. Until a formal
declaration on the part of the government through the executive or legislative, to the effect that
such lands are no longer needed for coast guard service, for public use, or for special industries,
they continue to be part of the public domain.”
3. Republic vs CA- “Laguna de Bay is a lake and that part around it which becomes covered
with water, not due to tidal action, but due to rain, cannot be considered part of the bed or basin of
the bay nor as foreshore lands, and therefore registrable under the Torrens System.”
4. Viajar vs. CA- “Registration does not protect the riparian owner against diminution of the
area of his land thorugh gradual changes in the course of the adjoining stream.”
5. Heirs of E. Navarro vs. IAC- “An alluvion, although by mandate of Art. 457 is automatically
owned by the riparian owner from the moment the soil deposit can be seen, does not automatically
become registered land, just because the lot which receives such accretion is covered by a
Torrens title, thereby making the alluvial property imprescriptible.”
6. Reynante vs.CA- “Alluvial deposit acquired by a riparian owner of registered land by
accretion may be subjected to acquisition through prescription by a 3rd person, by failure of such
owner to register said accretion within the prescribed period.”
7. Ronquillo vs. CA- “Rules on alluvion do not apply to man-made or artificial accretions to
lands that adjoin canals or esteros or artificial drainage system.
Art. 458- Estates adjoining ponds or lagoons, owners do not acquire land left dry.
AVULSION
- process whereby a portion of land is segregated from an estate by the current of a river, creek or
torrent and transferred to another estate. [459]
Elements of Avulsion:
1. The segregation and transfer must be caused by the current of a river, creek, or torrent.
2. Sudden or Abrupt
3. Portion of Land must be known or identifiable
*** The former owner preserves his ownership of the segregated portion provided he removes (not
merely claims) the portion within 2 years. [459]
Art. 460. Trees uprooted and carried away by the current belong to owner of land which they
may be cast, if the owners do not claim them within 6 months.
Art. 461. River beds abandoned through natural change in the course of the waters.
2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value –
value not to exceed the value of area occupied by new bed.
Art. 462. New Bed through private estate becomes of public dominion.
Art. 463. River divides itself into branches forming an island.
1. Isolation of a piece of land or part thereof (without being physically transferred to another place).
2. Separation(or physical transfer) of a portion of land from an estate by the current.
Adjunction or Conjunction- union of two movable things belonging to different owners in such a
way that they form a single object, but each one of the component things preserves its value. [466]
1. Rule on Importance of Purpose (467)- To which the other (accessory) has been united as an
ornament or for its use or perfection.
2. Of greater value, if they are of unequal values (468)
3. Of greater volume, if they are of an equal value (468)
4. Of greater merits taking into consideration the comparative merits, utility and volume of their
respective things (475)
Art. 472/473.
Mixture- takes place when two or more things belonging to different owners are mixed or
combined with the respective identities of the component parts destroyed or lost.
Two Kinds:
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:
1. Mixture by will of the owners- Their rights shall be governed by their stipulations. Without
stipulation, each acquires a right or interest in proportion to the value of his material.
2. Mixture caused by an owner in GF or by chance- each share shall still be in proportion to the
value of their thing.
3. Mixture caused by the owner in BF- the actor forfeits his things and is liable for damages.
RULES:
1. When the maker (considered principal) is in GF
PROPERTY 18
Reasons:
1. prevent litigation
2. protect true title and possession
3. real interest of both parties which requires that precise state of title be known
Classification
1. Remedial Action- one to remove cloud on title
2. Preventive Action- one to prevent the casting of a (threatened) cloud on the title
Requisites:
PROPERTY 19
Prescriptive Period:
1. Plaintiff in possession- imprescriptible
2. Plaintiff not in possession- 10 (ordinary); 30(extraordinary)
Jurisprudence:
1. Heirs of M. Nagaño vs. CA- “Free Patent issued over private land is null and void”
PROPERTY 20
2. Roman Catholic Archbishop of Caceres vs. Heirs of M. Abella- “The finding in the case
for quieting title prevails over the ruling in the forcible entry case.”
3. Metropolitan Bank & Trust Co. vs. Alejo- “The judgment of trial court cancelling the TCT in
the name of the mortgagor without notice to the mortagee-bank cannot be considered a cloud on
the mortgagee’s title or interest over the property, which does not have any semblance of a title.”
***The complainant must show that his property is adjacent to the dangerous construction, or must
have to pass by necessity in the immediate vicinity.
Jurisprudence:
*Juan F. Nakpil & Sons vs. CA- “The contractor and architect are liable for the damage
sustained by a building because of an earthquake. Having made substantial deviations from the
plans and specifications, having failed to observe requisite workmanship in construction, and the
architect made plans that contain defects and inadequacy, both of them cannot escape liability. To
constitute an act of God the following requisites must concur: 1) the cause of the breach of
obligation must be independent of the will of the debtor 2) the event must be either unforeseeable
or unavoidable 3) the event must be such as to render it impossible for the debtor to fulfil his
obligation in a normal manner 4) the debtor must be free from any participation in or aggravation of
the injury to the creditor.
CO-OWNERSHIP
- is that form of ownership which exists whenever an undivided thing or right belongs to different
persons. (484)
Requisites:
1. Plurality of Subjects—many owners
2. unity of material (indivision of object) of ownership
3. recognition of ideal shares
1. Rights to benefits proportional to respective interests; stipulation to the contrary is void. (485)
2. Right to use the thing co-owned (486)
a. for purpose for which it was intended
b. without prejudice to interest of ownership
c. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement (486)
4. Right to bring an action for ejectment in behalf of the other co-owner (487)
5. Right to compel co-owners to contribute to necessary expenses and taxes (488)
6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing
his share in the pro-indiviso interest; but can’t be made if prejudicial to co-ownership (488)
7. Right to make repairs for preservation of things can be made at will of one co-owner; receive
reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if
practicable. (489)
8. Right to full ownership of his part and fruits. (493)
9. Right to alienate, assign or mortgage own part; except personal rights like right to use and
habitation. (493)
10. Right to ask for partition anytime (494)
11. Right to pre-emption (in relation to imprescriptibility-494)
12. Right to redemption in case the shares of all the other co-owners or any of them are sold to a
3rd person (Cadag vs. Trinanes) (1620)
13. Right to be adjudicated the thing (subject to right of others to be indemnified)
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be
allotted to one of them. (498)
DUTIES/LIABILITIES OF A CO-OWNER
1. Share in charges proportional to respective interest; stipulation to the contrary is void.(485)
2. Pay necessary expenses and taxes—may be exercised only by one co-owner. (488)
3. Pay useful and luxurious expenses if determined by majority (489, 492)
4. Duty to obtain consent of all if the thing is to be altered even if beneficial; resort to court if non-
consent is manifestly prejudicial. (491)
5. Duty to obtain consent of majority with regards to the administration and better enjoyment of the
thing; controlling interest; court intervention if prejudicial—appointment of administrator. (492)
6. No prescription to run in favor of a co-owner as long as he recognizes the co-ownership (494);
requisites for acquisition through prescription:
a. he has repudiated through unequivocal acts
b. such act of repudiation is made known to the other co-owners
c. evidence must be clear and convincing
d. his possession is open, continuous, exclusive and notorious. (Addille vs. CA)
7. Co-owners cannot ask for physical division if it would render the thing unserviceable; but can
terminate co-ownership. (495)
8. After partition, duty to render mutual accounting of benefits and reimbursement of expenses
(500)
9. Indemnity for damages caused by reason of negligence and fraud. (500)
10. Reciprocal warranty for defects of title or quality of the portion assigned to the owner.(500)
PARTITION.
- 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 others.
PROPERTY 23
General Rule: No co-owner shall be obliged to remain in the co-ownership. Each co-owner may at
any time demand the partition of the thing owned in common, insofar as his share is concerned.
(494)
Exception: When a co-owner may not successfully demand a partition
1. If by agreement (for a period not exceeding 10 years) partition is prohibited. (494)
2. When partition is prohibited by a donor or testator (for a period not exceeding 20 years) from
whom the property came. (494)
3. When partition is prohibited by law. (494)
4. When a physical partition would render the property unserviceable (495), but in this case, the
property may be allotted to one of the co-owners, who shall indemnify the others, or in case of
disagreement it will be sold, and the proceeds distributed. (498)
5. When the legal nature of the common property does not allow partition.
PRESCRIPTION
General Rule: Prescription does not adversely affect a co-owner or co-heir. A co-owner cannot
acquire the whole property as against the other co-owners.
Exception: valid repudiation—prescription shall start from such repudiation
Exception to the Exception: In constructive trusts prescription does not run.
Art. 497. Creditors or Assignees of co-owners cannot impugn any partition already executed
unless there has been fraud or made notwithstanding a formal opposition.
TERMINATION OF CO-OWNERSHIP
Jurisprudence:
PROPERTY 24
1. Mariano vs. CA- “Redemption of the whole property by a co-owner does not vest in him sole
ownership over said property. Redemption within the period prescribed by law by a co-owner will
inure to the benefit of all co-owners. Hence, it will not put an end to existing co-ownership.”
2. Cabigao vs. Lim- “Accounting should be with respect to net proceeds not the gross proceeds
derived from the sale”
3. Aguilar vs. CA- “When petitioner filed an action to compel the sale of the property and the
trial court granted the petition, the co-ownership was deemed terminated and the right to enjoy the
possession jointly also ceased. Thereafter, the continued stay of respondent and his family in the
house prejudiced the interest of the petitioner as the property should have been sold and the
proceeds divided equally between them. Respondent should be held liable for monthly rentals.”
3. Barreto vs. CA- “Even if a co-owner sells the whole property as his own, or without the
consent of the other co-owners, the sale is valid insofar as his ideal quota is concerned unless the
sale is authorized by the other co-owners.”
4. Vda. De Castro vs. Atienza- “If a lease could be entered into partially by a co-owner insofar
as his interest is concerned, then, he can also cancel his own lease independently of the other co-
owner. Therefore, a co-owner who cancels a lease of his share of a property is liable on his
express undertaking to refund the advance rental paid to him by the lessee.”
5. Tuason vs. Tuason- “When co-owners agreed to subdivide a parcel of land into small lots
and then divide the parcels among them, such obligation is a mere incident to the main object of
dissolving the co-ownership. By virtue of the document the parties thereto practically and
substantially entered into a contract of partnership as the ebst and most expedient means of
eventually dissolving the co-ownership.”
6. Vda. De Espina vs. Abaya- “The Statute of Frauds does not apply to partition because it is
not legally deemed a conveyance or a sale of property resulting in change of ownership but simply
a segregation and designation of that part of the property which belongs to each of the co-owners.”
7. De Santos vs. Bank of Phil. Islands- “Creditors and assignees have the right to be notified
of a partition, such absence would make the partition executed not binding on them.”
8. Laguna vs. Levantino-“The sole fact of a co-owner having declared the lands in question in
his name for tax purposes nor the payment of land taxes, constitutes no such unequivocal act of
repudiation amounting to an ouster of the other co-owner and cannot constitute adverse
possession as basis for title by prescription.”
9. Adille vs. CA- “The torrens title does not furnish shield of fraud. Thus, where one registered
the property in question in his name in fraud of his co-heirs, prescription can only be deemed to
have commenced from the time the latter discovers the fraudulent act.”
PERPENDICULAR CO-OWNERSHIP.
--Different stories of a house belong to different owners. Although there are apparently separate
and distinct properties, these are indestructively united for their ornamentation and use and even
for their very existence with other necessary and essential things which are the main and party
walls, the roof and other things used in common. (490)
-- This is to be distinguished from a CONDOMINIUM, which is a building consisting of several
stories, each story being divided into different units owned by different persons who are members
or shareholders of a condominium corporation.
Unit- means a part of the condominium project intended for any type of independent use or
ownership, including accessories appended.
Project- the entire parcel of real property divided, including all structures thereon.
Common areas- means the entire project excepting all units separately granted or held or
reserved.
To divide real property- means to divide the ownership thereof or other interest therein by
conveying one or more condominiums therein but less than the whole thereof.
APPLICABILITY:
Property divided or to be divided into condominiums only if there shall be recorded in the Register
of Deeds of the province or city in which the property lies and duly annotated in the corresponding
certificate of title of the land, if the latter had been patented or registered under either the Land
Registration or Cadastral Acts, an enabling or master deed which shall contain, among others,
the following:
(a) Description of the land on which the building or buildings and improvements are or are to be
located;
(b) Description of the building or buildings, stating the number of stories and basements, the
number of units and their accessories, if any;
(c) Description of the common areas and facilities;
(d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in
the separate units and in the common areas of the condominium project. Where title to or the
appurtenant interests in the common areas is or is to be held by a condominium corporation, a
statement to this effect shall be included;
(e) Statement of the purposes for which the building or buildings and each of the units are intended
or restricted as to use;
(f) A certificate of the registered owner of the property, if he is other than those executing the
master deed, as well as of all registered holders of any lien or encumbrance on the property, that
they consent to the registration of the deed;
(g) The following plans shall be appended to the deed as integral parts thereof:
(1) A survey plan of the land included in the project, unless a survey plan of the same property
had previously bee filed in said office;
(2) A diagrammatic floor plan of the building or buildings in the project, in sufficient detail to
identify each unit, its relative location and approximate dimensions;
(h) Any reasonable restriction not contrary to law, morals or public policy regarding the right of any
condominium owner to alienate or dispose of his condominium.
TRANSFER OR CONVEYANCE
Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall
include the transfer or conveyance of the undivided interests in the common areas or, in a proper
case, the membership or shareholdings in the condominium corporation: Provided, however, That
where the common areas in the condominium project are owned by the owners of separate units
as co-owners thereof, no condominium unit therein shall be conveyed or transferred to
persons other than Filipino citizens, or corporations at least sixty percent of the capital
stock of which belong to Filipino citizens, except in cases of hereditary succession.
(a) The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings,
windows and doors thereof.
The following are not part of the unit bearing walls, columns, floors, roofs, foundations and other
common structural elements of the building:
lobbies, stairways, hallways, and other areas of common use, elevator equipment and shafts,
central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks,
pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits, wires and
other utility installations, wherever located, except the outlets thereof when located within the unit.
(b) There shall pass with the unit, as an appurtenance thereof, an exclusive easement for the use
of the air space encompassed by the boundaries of the unit as it exists at any particular time and
as the unit may lawfully be altered or reconstructed from time to time. Such easement shall be
automatically terminated in any air space upon destruction of the unit as to render it untenantable.
(c) Unless otherwise, provided, the common areas are held in common by the holders of units, in
equal shares, one for each unit.
(d) A non-exclusive easement for ingress, egress and support through the common areas is
appurtenant to each unit and the common areas are subject to such easements.
(e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or
otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors
bounding his own unit.
(f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his
condominium and to have the same appraised independently of the other condominiums but any
obligation incurred by such condominium owner is personal to him.
(g) Each condominium owner has also the absolute right to sell or dispose of his condominium
unless the master deed contains a requirement that the property be first offered to the
condominium owners within a reasonable period of time before the same is offered to outside
parties;
GENERAL Rule: Common areas shall remain undivided and there shall be no judicial partition
thereof:
EXCEPTIONS:
(a) That three years after damage or destruction to the project which renders material part thereof
unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state
prior to its damage or destruction, or
(b) That damage or destruction to the project has rendered one-half or more of the units therein
untenantable and that condominium owners holding in aggregate more than thirty percent
interest in the common areas are opposed to repair or restoration of the project; or
(c) That the project has been in existence in excess of fifty years, that it is obsolete and
uneconomic, and that condominium owners holding in aggregate more than fifty percent interest
in the common areas are opposed to repair or restoration or remodeling or modernizing of the
project; or
(d) That the project or a material part thereof has been condemned or expropriated and that the
project is no longer viable, or that the condominium owners holding in aggregate more than
seventy percent interest in the common areas are opposed to continuation of the condominium
regime after expropriation or condemnation of a material portion thereof; or
(e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly
registered have been met.
DECLARATION OF RESTRICTIONS
(a) As to any such management body;
PROPERTY 27
(b) The manner and procedure for amending such restrictions: Provided, That the vote of not less
than a majority in interest of the owners is obtained.
(c) For independent audit of the accounts of the management body;
(d) For reasonable assessments to meet authorized expenditures, each condominium unit to be
assessed separately for its share of such expenses in proportion (unless otherwise provided) to its
owners fractional interest in any common areas;
(e) For the subordination of the liens securing such assessments to other liens either generally or
specifically described;
(f) Such right to partition or dissolution may be conditioned upon failure of the condominium owners
to rebuild within a certain period or upon specified inadequacy of insurance proceeds, or upon
specified percentage of damage to the building, or upon a decision of an arbitrator, or upon any
other reasonable condition.
Term of a condominium corporation. Co-terminus with the duration of the condominium project,
the provisions of the Corporation Law to the contrary notwithstanding.
Corporation not Voluntary Dissolved if Master deed not revoked, except if conditions on
partition is present(Sec. 8).
Affirmative vote of all the stockholders or members thereof at a general or special meeting
duly called for the purpose, dissolves the corporation provided requirements of Corporation Law
complied.
Affirmative vote of all the stockholders or members necessary to dispose, lease, exchange of
common areas owned or held by it in the condominium project
Ownership of Waters
The following waters found on private lands also belong to the State (CLRSS)
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally waters rising on such lands;
PROPERTY 28
*The owner of the land where the water is found may use the same for domestic purposes
without securing a permit, provided that such use shall have been registered, when required by
the Council. The Council, however, may regulate such use when there is wastage, or in times of
emergency.
* Any person who captures or collects water by means of cisterns, tanks, or pools shall have
exclusive control over such water and the right to dispose of the same.
* Water legally appropriated shall be subject to the control of the appropriator from the moment it
reaches the appropriator's canal or aqueduct leading to the place where the water will be used or
stored and, thereafter, so long as it is being beneficially used for the purposes for which it was
appropriated.
**A person may appropriate or use natural bodies of water without securing a water permit for any
of the following.
a. Appropriation of water by means of hand carried receptacles; and
b. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of
watercrafts or transportation of logs and other objects by flotation.
**Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified
by law to exploit and develop water resources, may apply for water permits.
**Water rights may be lent or transferred in whole or in part to another person with prior approval of
the Council, after due notice and hearing.
**A holder of a water permit may demand the establishment of easements necessary for the
construction and maintenance of the works and facilities needed for the beneficial use of the
waters to be appropriated subject to the requirements of just compensation and to the following
conditions:
a. That he is the owner, lessee, mortgage or one having real right over the land upon which he
purposes to use water; and
b. That the proposed easement is the most convenient and the least onerous to the servient
estate.
**The utilization of subterranean or ground water shall be coordinated with that of surface waters
such as rivers, streams, springs and lakes, so that a superior right in one is not adversely affected
by an inferior right in the other.
PROPERTY 29
For this purpose, the Council shall promulgate rules and regulations and declare the existence of
control areas for the coordinated development, protection, and utilization of subterranean or
ground water and surface waters.
Control area is an area of land where subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the other. The boundary of a control
area may be altered from time to time, as circumstances warrant.
**Water contained in open canals, aqueducts or reservoirs of private persons may be used by any
person for domestic purpose or for watering plants as long as the water withdrawn by manual
methods without checking the stream or damaging the canal, aqueduct or reservoir; Provided, That
this right may be restricted by the owner should it result in loss or injury to him.
** When a drainage channel is constructed by a number of persons for their common benefit, cost
of construction and maintenance of the channel be borne by each in proportion to the benefits
derived.
** When artificial means are employed to drain water from higher to lower land, the owner of the
higher land shall select the routes and methods of drainage that will cause the minimum damage to
the lower lands, subject to the requirements of just compensation.
** When a water resources project interferes with the access of landowner to a portion of his
property or with the conveyance of irrigation or drainage water, the person or agency constructing
the project shall bear the cost of construction and maintenance of the bridges, flumes and other
structures necessary for maintaining access, irrigation, or drainage in addition to paying
compensation for land and incidental damages.
**Lower estates are obliged to receive the waters which naturally and without the intervention of
man flow from the higher estates, as well as the stones or earth which they carry with them.
The owner of the lower estate can not construct works which will impede this natural flow, unless
he provides an alternative method of drainage; neither can the owner of the higher estate make
works which will increase this natural flow.
**The banks or rivers and streams and the shores of the seas and lakes throughout their entire
length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas
and forty (40) meters in forest areas, along their margins, are subject to the easement of public use
in the interest of recreation, navigation, flotage, fishing and salvage. No person shall be allowed to
stay in this zone longer than what is necessary for recreation, navigation, flotage, fishing or
salvage or to build structures of any kind.
**Any person may erect levees or revetments to protect his property from flood, encroachment by
the river or change in the course of the river, provided that such constructions does not cause
damage to the property of another.
**When a river or stream suddenly changes its course to traverse private lands, the owners or the
affected lands may not compel the government to restore the river to its former bed; nor can they
restrain the government from taking steps to revert the river or stream to its former course. The
owners of the lands thus affected are not entitled to compensation for any damage sustained
thereby. However, the former owners of the new bed shall be the owners of the abandoned bed
proportion to the area lost by each.
PROPERTY 30
The owners of the affected lands may undertake to return the river or stream to its old bed at their
own expense; Provided, That a permit therefore is secured from the Secretary of Public Works,
Transportation and Communication and work pertaining thereto are commenced within two years
from the changes in the course of the river or stream.
Requisites: (OIR)
1. Occupancy, apprehension, or taking of a thing or right (possession in fact)
2. Deliberate intention to possess (animus possidendi)
3. By virtue of one’s own right—in his own name or in that of another. (524)
1. Possession without any title—mere holding without any right at all. Ex. Thief or squatter.
2. Possession with juridical title—predicated on juridical relation existing between the possessor
and the owner. Ex. Lessee, usufructuary, depositary, agent, pledgee and trustee.
3. Possession with just title sufficient to transfer ownership. Ex. Seller is not the true owner or
could not transmit his right thereto to a possessor who acted in GF.
4. Possession with a title in fee simple—derived from the right of dominion or possession of an
owner. This is the highest degree of possession.
Classes:
a. Voluntary—agent possesses for the principal
b. Necessary/legal—as when a mother possesses for a child still in the maternal womb or
incapacitated. Possession in behalf of juridical entities.
c. Unauthorized (negotiorum gestio)—this will become the principal’s possession only after
there has been a ratification without prejudice to the effects of negotiorum gestio.
6. Possession in bad faith. (526)- possessor is aware of defect or flaw in his title.
Extent of Possession
1. Actual- occupancy in fact of the whole or at least substantially whole.
2. Constructive- occupancy of part in the name of the whole under such circumstances that the
law extends the occupancy to the possession of the whole.
Exceptions/Qualifications:
1. “Mere planting of a sign or symbol of possession cannot justify a Magellan-like claim of dominion
over an immense tract of territory” – (Lasam v. Director of Lands-1938)
2. “Mere cultivation does not constitute possession under a claim of ownership.”—(Republic vs.
CA 1988)
3. “Mere fact of declaring uncultivated land for taxation purposes and visiting it every once in a
while has been held not to constitute acts of possession.”—(Ramirez vs. Director of Lands 1934)
4. “Doctrine of constructive possession does not apply where the possession is wrongful or the part
allegedly constructively possessed is in adverse possession of another”—(Sarmiento v. Lesaca
1960)
PROPERTY 32
1. By the material occupation of exercise of a right (Traditio brevi manu and traditio constitutum
possessorium)
2. By the subjection of the thing or right to our will (tradition longa manu and tradition symbolica)
3. By proper acts and legal formalities established for acquiring such right of possession.
Time of acquisition:
Acts that do not give rise to presumption of abandonment of right of possession [537]
1. Acts merely tolerated
2. Clandestine or unknown acts
3. Acts of violence
General Rule: Possession cannot be recognized in two different personalities except in case of
co-possession when there is no conflict
Preference of Possession
1. Present of actual possessor shall
2. If there are two possessors, longer in possession
3. If dates of possession are the same, possessor with a title (i.e right or document evidencing his
right to support his possession)
4. If all the above are equal, the fact of possession shall be judicially determined and in the
meantime, the thing shall be placed in judicial deposit.
EFFECTS OF POSSESSION
Rights of Possession
shall be considered indemnity for his part of expenses and net proceeds; if he refuses this
concession he loses the right to be indemnified.) [545]
9. Possessor in GF has the right to be reimbursed for necessary expenses whether in GF or in
BF. Only Possessor in GF has the right of retention. [546.1]
10. Possessor in GF has the right to be reimbursed for useful expenses with right of retention
(Owner has the option to pay expenses or the increase in value of the property by reason of the
useful expenses) [546.2]
11. Possessor in GF may remove improvements if can be done w/o damage to principal thing
unless owner exercises option of paying expenses/increase in value. [547]
* Vendor a retro, a homesteader exercising his right of repurchase was ordered to refund the
value of a house constructed on subject land by a vendee a retro.—SC ruled that requiring the
vendor a retro to return the value of house constructed was illegal. It being clear that vendor a retro
is not exercising the option to refund the useful expenses, then the vendee a retro may remove the
house since this can be done without damage to the principal thing. Incidentally, no right of
retention is granted to the vendee a retro. (Calagan v. CFI Davao-1980)
12. Possessor in GF and BF may not be entitled to payment for luxurious expenses but may
remove them provided principal is not injured and provided owner does not choose to refund
the amount expended. [548]
13. Improvements caused by nature or time shall inure to the benefit of person who has
succeeded in recovering possession. [551]
14. Right to possession wild animals while under one’s control. [560]
Wild Animals: whether terrestrial or aquatic, living in a state of nature independently of and
without the aid and care of man
Domesticated or Tamed Animals: animals which are wild or savage by nature but have been
subdued and made use of by man and become accustomed to live in a tamed condition
15. One who recovers according to law, possession unjustly lost is deemed to have enjoyed it
without interruption. [561]
Liabilities/Duties of Possessor
1. Possessor in BF must reimburse the value of fruits which the legitimate possessor could have
received [549 in relation to 443]
*Luxurious expenses shall not be refunded to Possessor in BF but may remove improvements
without injury and provided lawful possessor does not prefer to retain them by paying their value.
[549]
2. Bear cost of litigation [550]
3. Possessor in GF not liable for loss or deterioration except when fraud and negligence
intervened. [552.1]
4. Possessor in BF liable for loss or deterioration even if caused by fortuitous event. [552.2]
*Person who recovers possession not obliged to pay for improvements which have ceased to
exist at the time of occupation. [553]
USUFRUCT
-Right to enjoy the property of another with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise provides. [562]
* “A Person cannot create a usufruct over his own property and at the same time retain ownership
of the same. For usufruct is essentially jus in re aliena; and to be a usufructuary of one’s own
property is, in law, a contradiction in terms and a conceptual absurdity.”- [Gaboya v. Cui -1971]
PROPERTY 36
CHARACTERISTICS/ELEMENTS
1. Essential
a. Real right of use and enjoyment (whether registered or not)
b. Temporary Duration
c. Its purpose is to enjoy the benefits and derive all advantages from the object as a
consequence of normal use or exploitation
d. Transmissible
e. May be constituted on real or personal, consumable or nonconsumable. Tangible or
intangible property.
2. Natural- those which are ordinarily present but can be eliminated by a contrary stipulation
a. The obligation of conserving or preserving the form and substance of the thing
3. Accidental- those which may be present or absent depending upon the stipulation of the parties
a. Whether it be pure or a conditional usufruct
b. The number of years it will exist
c. Whether it is in favor of one person or several
Classifications of Usufruct
1. As to whether or not impairment of object is allowed [562]
a. normal
b. abnormal
2. As to origin [563]
a. Legal- created by law such as usufruct of the parents over the property of their
unemancipated minor
b. Voluntary or conventional- created by will of the parties either by donation inter vivos or
donation mortis causa
c. Mixed- acquired by prescription such as when believing himself the owner of the property of
an absentee, gave in his will the usufruct of the property for the requisite prescriptive period to his
wife and naked ownership to his brother and wife possessed it in GF as usufructuary.
i. Normal(or perfect or regular)—this involves non-consumable things where the form and
substance are preserved
ii. Abnormal(or imperfect or irregular)—involves consumable things
b. of rights—rights must not be personal or intransmissible in character. (so present and future
support cannot be an object of usufruct)
7. As to terms or conditions
a. Pure—No term or condition
b. With a term or period
i. ex die—from a certain day
ii. in diem—up to a certain day
iii. ex die in diem—from a certain day up to a certain day
c. With a condition
i. Resolutory
ii. Suspensive
He shall have the right to ordinary cutting or felling habitually made by the owner (or
according to customs of the place) if the woodland is a copse or consists of timber for
building. (All other cutting down of trees ofther than this should be for the purpose of restoring
or improving things in usufruct and subject to consent of the owner) [577]
Right to make necessary thinnings in nurseries [577]
5. Right to make on the property in usufruct such improvements or expenses he may deem proper
and to remove the improvements provided no damage is caused to the property [579]
6. Right to set-off the improvements he may have made on the property against any damage to the
same [580]
7. Right to retain the thing until he is reimbursed for advances for extraordinary expenses and
taxes on capital [612]
2. Right to bring action and oblige owner thereof to give him proper authority and necessary proof
in a usufruct to recover property or a real right [578]
3. Right to exercise all the rights pertaining to the co-owner with respect to the administration and
collection of fruits or interests from the property, in a usufruct of part of a common property. [582]
*”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. The right of the usufructuary is not affected by the division
but it is limited to the fruits of said part allotted to the co-owner. (Pichay v. Querol 1908)
4. In usufruct of Matured Credits, usufructuary may claim matured credits, collect them and use
and invest, w/ or w/o interest the capital he has collected, in any manner he may deem proper.
If he has not given security or it is insufficient or he has been excused to give one, he may
collect the credits and invest the capital which must be at interest with the consent of the naked
owner or approval of the court. [599]
5. In usufruct of mortgaged immovables, the usufructuary is not obliged to pay the debt for the
security of the mortgage. He shall have a right to whatever he may lose by reason of the
attachment of sale of the immovable for the payment of debt of the owner. [600]
IV. Other
PROPERTY 40
1. Right to make use of the land and materials, when building forming part of the usufruct on
immovable has been destroyed in any manner [607] {Same rule if Usufruct is constituted on
building only}
2. If usufructuary shares in insurance of tenement in usufruct, and it was lost, he shall continue in
enjoyment of the new one if one be constructed OR receive interest on the insurance indemnity.
[608]
1. Pay expenses to 3rd persons for cultivation and production at beginning of the usufruct
2. Pay damages in case of usufruct of movable subject to deterioration if such was due to fraud or
negligence of usufructuary.
3. Those before the usufruct begins [583]
a. Notice of inventory of property (appraisal and description of movables)
b. Posting of security
i. Not applicable to parents who are usufructuary of children except when 2 nd marriage was
contracted and to donor who has reserved the usufruct of the property donated [584]
ii. Excused—allowed by owner; not required by law or no one will be injured [585]
** Court may grant petition not to deliver the furniture, implements or tools necessary for use of
the usufructuary or industry as security and that he and his family be allowed to live in the
house included in the usufruct, but he must take an oath. [587]
** Owner may refuse that articles with artistic or sentimental value be sold. These shall be
delivered to him if he gives security to the usufructuary for the payment of legal interest on
their appraised value.[587]
** When the Security given, usufructuary has a right to proceeds and benefits to the day he is
entitled to receive them(588)
If usufruct was constituted on sterile animals—as if fungible, may be replaced of same kind and
quality. [591]
PROPERTY 41
7. Obliged to make ordinary repairs. (*Ordinary Repairs- required by wear and tear due to natural
use of the thing and are indispensable for its preservation)
8. Notify the owner when the need for extraordinary repairs is urgent [593]
9. Permit works and improvements by the naked owner not prejudicial to the usufruct [595]
10. Payment of annual charges and taxes affecting fruits [596]
11. Pay debts when the usufruct is constituted on the whole of a patrimony [598]
* Previously contracted debts only unless there is a contrary stipulation
* Not liable for debts in excess of the value of the assets received unless contrary is intended
12. Notify owner of any prejudicial act committed by 3rd persons [601]
13. Pay court expenses and costs regarding usufruct [602]
14. Return the thing in usufruct to the naked owner unless there is a right of retention pertaining to
him (usufructuary) or his heirs for extraordinary expenses or taxes it paid [612]
15. Payment of the legal interest on the amount expended by owner for extraordinary repairs [594]
16. Payment of proper interest on the taxes on capital paid by the owner [597]
17. Indemnify the naked owner for any losses due to his negligence or of his transferees [589-590]
EASEMENTS OR SERVITUDES
Easement- an encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner. The immovable in favor of which the easement is established is
called the dominant estate; that which is subject thereto, the servient estate.
1. Real right but will affect third persons only when registered.
2. It is enjoyed over another immovable. (The immovable is understood in its common meaning
such as lands, buildings, roads and constructions attached to the soil. It is not understood in its
legal sense under Article 415 where even birds and fish may be considered immovable properties.)
3. Involves two neighboring estates. (The other property must be owned by another owner.)
4. It is inseparable from the estate to which it is attached and therefore cannot be alienated
independently of the estate. [617]
5. It is indivisible [618]
6. Right is 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’s owner’s rights of ownership for the benefit of the dominant
owner and therefore it is not presumed.
PROPERTY 43
9. Its cause must be perpetual (as long as the dominant and/or the servient estate exists unless
sooner extinguished by the causes enumerated by law)
CLASSIFICATION
Exception: An easement of aqueduct is always considered apparent for legal purposes [646]
3. According to purpose of easement or the nature of limitation or obligation of servient owner [616]
a. Positive—one which imposes the duty on the owner of the servient estate to do something or
to allow something to be done by the owner of the dominant estate. (SERVITUDES OF
SUFFERANCE or INTRUSION)
Examples:
i. If branches of a tree extend over a neighboring estate, the owner of the latter estate has
the right to demand from the owner of the tree the cutting of the overreaching branches [680].
ii. If the roots of the tree would penetrate into the land of another, the owner of the tree
(servient estate) has the obligation to allow the cutting of the invading roots [680.2]
iii. Easement of light and view in a party wall [668.1]
iv. Easement of right of way
b. Negative—one which prohibits the owner of the servient estate from doing something which
he could lawfully do if the easement did not exist. (Also called SERVITUDES OF ABSTENTION or
LIMITATION or RESTRICTION
Examples:
PROPERTY 44
i. Easement of light created by the making of an opening in one’s own wall below the ceiling
joists.[669] The owner of the other tenement cannot construct anything which will obstruct the entry
of light. Were it not for the easement, the owner of the servient estate can construct structures on
his own tenement that could obstruct the light passing through the said opening. However, the
dominant owner can object to the construction of any barring structures only after the lapse of ten
years following the receipt by the servient owner of a notarial prohibition restraining him from
making such blocking structures. [668]
ii. Easement not to build higher structure which will block the easement
I. By Title
1. discontinous and apparent
2. continuous and non-apparent
3. discontinous and non-apparent
II. By Title & Presciption(10 years irrespective of good faith or bad faith)
1. continuous and apparent
Negative: From the time Notarial Prohibition was made on the servient estate.
V. By Apparent sign established by the owner of two adjoining estates should either of the estates
are alienated, unless at the time the ownership is divided the contrary is provided in the title of
conveyance OR sign removed before execution of deed [624]
VI. By Exproriation
4. Contribute to the expenses in case he uses the easement, unless there is a contrary stipulation.
[628.2]
*Use by at least one co-owner of the dominant estate of the easement prevents prescription as
to the others inasmuch as an easement is indivisible. [633]
3. BAD CONDITION of either or both of the tenement, in such a case that it cannot be used. (But
shall revive if the subsequent condition again permit its use unless prescription takes place.
4. EXPIRATION of the term of the fulfilment of the condition, if easement is temporary or
conditional.
5. RENUNCIATION of the owner of the dominant estate
6. REDEMPTION agreed upon between the owners of the dominant and servient estates.
LEGAL EASEMENTS- are those imposed by law having their object either public use or the
interest of private persons. They shall be governed by the special laws and regulations relating
thereto, and in the absence thereof, by the Civil Code.
*If the descending waters are the result of artificial development or proceed from industrial
establishments recently set up or are the overflow from irrigation dams, the owner of the lower
estate shall be entitled to compensation for his loss or damage. (Law on Waters)
Drainage of Buildings
*Owner of Building must construct its roof in such manner that the rain water falls on his own
land or on a street or public place.
*Owner is obliged to collect the water without causing damage to the adjacent land or tenement.
[674]
*If Tenement or Land is subject to easement of receiving water falling from roofs—owner of
such tenement may build in such manner as to receive the water upon his own roof or give it
another outlet [675].. This is applicable in places where buildings are constructed in mountainous
or elevated areas and roofings are of different heights. Those in the lower areas may be receiving
in their roofs rain water coming or falling from neighboring roofs. Servient owner should provide an
outet for the passage of falling water to public street.
*Outlet of Rain Water through surrounding houses—like compulsory easement of right of way.
Conditions: (a) No adequate outlet for rain water
(b) Outlet must be at the point of easiest egress
(c) least possible damage
(d) payment of proper indemnity [676]
Easement of a Dam
*Purpose: To divert or take water from a river or brook or for the use of any other continuous or
discontinous stream.
*Person who is to construct and not the owner of the supporting lands or banks must pay
indemnity. [639]
*Servient estates owners has obligation to allow passage to persons and animals to place
where easements are to be used, also with indemnity [641] Right of way have a maximum width of
10 meters, which cannot be altered by owners of the servient estates. However, the direction of the
path may be changed, provided use of easement is not prejudiced.
Easement of Aqueduct
* Requisites: Dominant estate owner must [643] {PSI}
1. Prove that he can dispose of the water and that it is sufficient for the use for which it is
intended.
2. Show that the proposed right of way is the most convenient and the least onerous to 3rd
persons
3. Indemnify the owner of the servient estate
*Temporary Easement of Right of Way: As when it is indispensable for the construction, repair,
improvement, alteration or beautification of a building to carry materials to estate of another. [656]
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. It is a forced co-
ownership.
(2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the
other, it has similar conditions on the upper part, but the lower part slants or projects outward;
(3) Whenever the entire wall is built within the boundaries of one of the estates;
(4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of
one of the buildings, but not those of the others;
(5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such
a way that the coping sheds the water upon only one of the estates;
*Coping: highest or covering course of a wall often of tile and usually with a sloping top to carry
off water and commonly cut with a drip
(6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain
intervals project from the surface on one side only, but not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.
* Presumption of party wall applies to ditches and drains opened between two estates. But there is
a rebuttable presumption: if a deposit of dirt is on one side alone, owner of that side is considered
owner of the ditch. [661]
* Proportionate contribution to repairs and construction similar to co-ownership, unless there is
total renunciation of the share of one owner, the latter is exempt [662]
* When owner of the building supported by a party wall desires to demolish the building he may
also renounce his part-ownership of the wall. He however bears the cost of repairs necessary to
prevent damage which the demolition may cause. [663]
* Requisites for Increasing the Height of the Party Wall [664] [DP BP RG]
1. Must do so at his own expense
2. Must pay the necessary damages caused even if damage is temporary
3. Must bear the costs of maintenance of the portion added
4. Must pay for the increased cost of preservation
5. Must reconstruct if original wall cannot bear the increased height
6. Must give the necessary additional space of his land if wall is to be thickened
*One desiring the increase height or depth shall be the exclusive owner of the additions, unless the
other owners(who have not contributed in increasing height or depth) pay proportionally the value
of the work at the time of the acquisition by other persons outside the original part-ownership and
of the land used for its thickness. [665]
* Use by the co-owners of the wall is in proportion to their right in the co-ownership. [666]
Easement of Light- 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-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.
a. From the time the opening of the window if it is through a party wall
b. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement,
if the window is through a wall on the dominant estate.
* When distances under Art. 670 not observed, owner of a wall w/c is not a party wall adjoining a
tenement or a piece of land belonging to another may make in it openings to admit LIGHT: [669]
i. Maximum size—30cm. square
ii. There must be an iron grating imbedded in the wall
iii. There must be a wire screen
--This is referred to as RESTRICTED WINDOWS
Direct View—gaining of direct sigt from an opening in a wall parallel to the boundary line w/o
having to extend out or turn one’s head to see the adjoining tenement.
Side/oblique view—gaining of sight of the other tenement from an opening made at an angle
with the boundary line, such that to be able to see the adjoining tenement there is a necessity for
putting out or turning one’s head either to the left or to the right.
* Distances in Art. 670 applicable to buildings separated by a public way or a public alley which is
not less than 3 meters wide. [672]
* When a right has been acquired to have direct views, the owner of the servient estate cannot
build thereon at less than a distance of 3 meters. Any stipulation permitting distances less than the
prescribed under Art. 670 is void. [673]
*Construction of Aqueduct, Wells, sewers, furnace, forge, chimney, stable, depository of corrosive
substances, machinery or factory w/c are dangerous or noxious not should observe the distances
prescribed regulations and customs of the place. No waiver or alteration by stipulation is allowed
for reasons of public safety. [678]
* Planting of trees subject to distances provided by ordinances or customs if there be none. If both
not present: [679]
PROPERTY 52
* Fruits naturally falling upon adjacent land belong to the owner of said land [681]
Lateral Support--support when the supported and supporting lands are divided by a vertical
plane, which if diminished through diggings or excavations may cause crumbling or sliding of
the neighboring land.
Subjacent Support—support when the supported land is above and the supporting land is
beneath it, which if diminished through diggings or excavations may cause sinking of the
neighboring land.
VOLUNTARY EASEMENTS
* Consent of the usufructuary is not necessary if the Naked Owner imposes any servitude on
the land or tenement as long as it does not injure the usufructuary. [689]
* Both the naked and beneficial owner’s consent is necessary if a perpetual voluntary easement
is to be established [690]
* Consent of all co-owners necessary in order to impose an easement over the undivided
tenement or land. Consent need not be given simultaneously. But once a co-owner gave his
consent he cannot revoke it. [691]
* Governing Rules for Voluntary Easements: [692]
a. If created by title, title governs and Civil code is suppletory
b. If created by prescription, form and manner in which it had been acquired governs, Civil
code is suppletory.
* When servient estate owner bound himself to pay the cost of maintenance work, he may free
himself if he renounces his property to the dominant estate owner [693]
NUISANCE [694]
-- Any act, omission, establishment, business, condition of property or anything else which
[IASOH]
1. Injures or endangers the health or safety of others (Ex. Factory causing pollution or
house in danger of falling)
2. Annoys or offends the senses (Ex. Garbage cans, too much blowing of horns)
3. Shocks, defies, or disregards decency or morality (Ex. House of prostitution)
4. Obstructs or interferes with the free passage of any public highway or street or any
body of water (Ex. Market Stalls constructed on streets)
5. Hinders or impairs the use of property (Ex. Illegal construction on another’s land)
CLASSIFICATION OF NUISANCE
1. Old Classification
a. nuisance per se—always a nuisance (Ex. House of prostitution)
b. nuisance per accidens—a nuisance only because of the location or other circumstances.
(Ex. A noisy factory in a residential district)
2. New Classification
A. According to relief (whether given or not)
i. actionable
ii. non-actionable
REGISTRY OF PROPERTY
--has for its object the inscription or annotation of acts and contracts relating to the ownership
and other rights over immovable property. [708]
“Register”
This may refer to:
i. the act of recording or annotating
ii. the book of registry
iii. the office concerned
iv. the official concerned
Purposes of Registration
1. To give true notice of the real status of real property and real rights thereto
2. To prejudice third persons (unless they have actual knowledge of the transaction concerned)
[709]
3. To record acts or contracts (transmissions and modifications of ownership and other eal
rights over real properties) Note: Registration does not validate or cure a defective instrument
like a forged deed.
4. To prevent the commission of frauds, thus insuring the effectivity of real rights over real
property.
*Registration cannot bind property where it is legally ineffective i.e. registration under wrong
system.
*Registration does not vest title, it is not a mode of acquiring ownership
*The books in the Registry of Property shall be public for those who have known interest in
ascertaining the status of the immovable or real rights annotated or inscribed therein [710]
*Reference to special laws must be made to determine what titles are subject to registration, as
wel as the form, effects and cancellation of registration, and the manner of keeping the books
and the value of the entries contained in said books [711]
7. Succession
OCCUPATION
--The acquisition of ownership by seizing corporeal things that have no owner, made with the
intention of acquiring them, and accomplished according to legal rules.
Requisites: (SCA-IC)
1. There must be seizure or apprehension (the material holding is not required as long as
there is right of disposition)
2. The property seized must be corporeal personal property
3. The property seized must be susceptible of appropriation (either abandoned property or
unowned property)
4. There must be intent to appropriate
5. The requisites or conditions of the law complied with
ANIMALS [716/717]
1. Swarm of bees
-owner shall have a right to pursue them to another’s land, paying damages to the owner
of the latter’s land.
-land owner shall occupy/retain bees if after 2 days, owner did not pursue the bees
2. Domesticated Animals
-may be redeemed w/in 20 days from occupation of another person; shall pertain to one
who caught them if no redemption made w/in the period
3. Pigeons and fish
-when they go to another breeding place, they shall be owned by the owner thereof
provided they are not enticed.
MOVABLES
1. Hidden Treasure found on another’s property, rights under 438 acquired [718]
PROPERTY 57
INTELLECTUAL CREATION
*Ownership of letters and private communications belong to the person to whom they are
addressed and delivered. Publication of such requires consent of writer or heirs except for
reasons of public good of interest of justice. [723] (Letter here means paper with words,
because the ideas or thoughts really belongs to the sender)
Some Terms:
Copyright—an intangible, incorporeal right granted by statute to the author or originator of
certain (literary or artistic productions whereby he is invested, for a specified period, with the
sole & exclusive privilege of multiplying copies of the same & publishing and selling them.
*Works of Government are exempted from copyrights.
Patent—an exclusive right to an invention granted to the patentee, his heirs or assigns for
the term thereof (20 years under Intellectual Property Code)
PROPERTY 58
Patent Infringement—act of using or selling any patented invention w/o authority during the
term of the patent and this includes one who induces the infringement.
Not Patentable:
a. Discoveries, scientific theories, mathematical methods
b. Computer Programs
c. Methods for treatment of human or animal body
d. Plant varieties or animal breeds
e. Aesthetic creations
f. Contrary to public order or morality
DONATION
--An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another
who accepts it. [725]
Characteristics:
a. Unilateral—obligation imposed on the donor
b. Consensual—perfected at the time donor knows of the acceptance [734]
Requisites: (CIDA)
1. The donor must have capacity to make the donation of a thing or right
2. He must have the donative intent (animus donandi) or intent to make the donation out of
liberality to benefit the donee.
3. Delivery, whether actual or constructive of the thing or right donated
4. Donee must accept or consent to donation
Requirements of a Donation
1. Subject Matter—anything of value; present property & not future, must not impair legitime
2. Causa—anything to support a consideration; generosity, charity, goodwill, past service, debt
3. Capacity to donate and dispose and accept donation
4. Form—depends on value of donation
Kinds of Donation
A. As to consideration
1. Simple—the cause is pure liberality (no strings attached)
2. Remuneratory—purpose: to reward past services, with no strings attached. (The services
here do not constitute recoverable debts.) Ex. A donates a parcel of land to B who had
previously helped him review the bar exams.
3. MODAL—purpose: to reward future services or because of certain future changes or
burdens or charges is less than the value of donation. Ex. A donates to B a parcel of land worth
P700K but B should give A a ring worth P150K or teach him certain things, the value of
instruction being P90K
4. Onerous—here there are burdens, charges or future service equal in value to that of the
thing donated. Ex. A donated land worth P2M to B but B has to give A a Ford Expedition worth
also P2M. (Case law provides that this is not really a donation)
B. As to effectivity
1. inter vivos—takes effect during the lifetime of the donor
2. mortis causa—takes effect upon the death of the donor
3. in praesenti—to be delivered in future (also considered inter vivos)
PROPERTY 59
* In case of doubt the conveyance should be deemed Mortis Causa in order to avoid uncertainty
as to the ownership of the property. The legal principle enunciated in Art. 1378 applies, where in
case of gratuitous contracts the least transmission of rights and interests must prevail.
* Fixing of an event or imposition of a suspensive condition, w/c may take place beyond the
natural expectation of life of the donor does not affect the nature of a donation inter vivos unless
a contrary intention appears [730]
* Donation subject to the resolutory condition of the donor’s survival is a donation inter vivos
[731]
*Donations w/ an onerous cause governed by rules on contracts, in case of remuneratory
donations where the portion exceeds the value of burden, excess is governed by contracts and
the remaining, rules on donations [733]
PROPERTY 60
Who May Give Donations? All persons who may contract and dispose of their property [735]
Therefore: Guardians and trustees cannot donate property entrusted to them [736]
* Donor’s capacity determined as of the time of making the donation [737]
PROHIBITED DONATIONS
1. Made between persons who are guilty of adultery and concubinage at the time of donation
2. Made b/w persons found guilty of the same criminal offense in consideration thereof
3. Made to public officers or his/her spouse, descendants and ascendants by reason of his
office
4. Made to the Priest who heard confession of donor during his last illness or the minister of the
gospel who extended spiritual aid to him during the same period
5. Made to Relatives of priest w/in the 4th civil degree, church, order of community where the
priest belongs
6. Made to a Physician, nurse etc. who took care of the donor during his last illness
7. Made by a ward to the guardian before the approval of accounts
8. Made to an attesting witness to the execution of donation, if there is any, or to the spouse,
parents, or children or anyone claiming under them
9. Made by individuals, associations or corporations not permitted by law to make donations
10. Made by spouses to each other during the marriage or to persons of whom the other spouse
is a presumptive heir.
* Donations of the same thing to two or more different donees governed by the provisions on
Double Sale [744]
* Donee must accept donation personally or through an authorized person with special power of
attorney or one with a general and sufficient power [745]
* Acceptance s/d be made during lifetime of both donee and donor [746]
Note: Art. 750 does not apply to onerous donation, mortis causa and propter nuptias(which
cannot be reduced, as they are only revocable on grounds expressly provided by law)
*When donation is made to several persons jointly, it is understood to be in equal shares and
there is no right of accretion among them unless the donor otherwise provides. This rule is not
applicable to donations made to husband and wife jointly. [753]
*Donee is subrogated to all rights of donor in case of eviction. Donor however is not obliged to
warrant the thing donated except when donation is onerous. Donor is liable for hidden defects in
case there is bad faith. [754]
*Donor may make reservations to dispose part of the object donated, but if he dies it pertains to
the donee. [755]
*The donation of naked ownership and usufruct may be made to different persons provided all
the donees are living the time of donation [756]
* Reversion may be established in favor of the donor and to other persons(who are living at the
time of donation). Stipulations by the donor in favor of 3rd persons who are not living at the time
of donation is void but shall not nullify the donation [757]
* Stipulation that donee should pay debts of the donor applicable only to debts contracted
previous to the donation, unless there is an agreement to the contrary. The donee shall not be
responsible to debts exceeding the value of property donated, unless a contrary intention
appears. [758]
* Donee is responsible to pay debts even if there is no stipulation if the donation was made in
fraud of creditors. It is considered in fraud of creditors when the donor did not reserve sufficient
property to pay debts prior to donation [759]
EFFECTS OF DONATION
1. Donee may demand the delivery of the thing donated
2. Donee is subrogated to the rights of the donor in the property
3. In donations propter nuptias, the donor must release the property from encumbrances, except
servitudes
4. Donor’s warranty exists if: (a) expressed (b) donation is propter nuptias (c) donation is
onerous (d) donor is in bad faith
5. When the donation is made to several donees jointly they are entitled to equal portions, w/o
accretion, unless the contrary is stipulated
2. Give the value (usually price of the sale) if it was sold. If it was mortgaged donor may pay the
debt subject to reimbursement from the donee.
3. Return the value at the time of perfection of donation if property lost or totally destroyed.
Prescription of action for revocation or reduction: after 4 years from the birth of the first child or
from his legitimation, recognition or adoption or from judicial declaration of filiation or from the
time information was received of child’s existence. Action is not renounces and transmitted
upon donor’s death to legitimate and illegitimate children and descendants. [763]
*Donation is revoked upon failure of the donee to comply with conditions. Action for revocation
prescribes in four years and also transmissible to heirs and may be exercised against donee’s
heirs. Alienations or mortgages made by donee void. [764]
*Actions are not transmissible to the heirs if the donor did not institute the same.(Even if donor
died before the 1 year expiration period).. And also actions cannot be brought against the
donee’s heirs unless the complaint was filed upon his(donee’s) death. [770]
--Exceptions: 1. Donee killed the donor (donor never had the chance to revoke)
2. When donor died w/o knowing act of ingratitude
PERSONS WHO CAN ASK FOR THE REDUCTION OF INOFFICIOUS DONATION upon
donor’s death [772]
1. The compulsory heirs of the donor (whether children, other descendants, ascendants or
surviving spouse)
2. The heirs and successors-in-interest of the compulsory heirs
Prescriptive Period to reduce or revoke: 5 Years from the time of donor’s death
Affects the whole property regardless of As a rule only part of the property is affected,
whether the legitime has been impaired or not and applies only when legitime is impaired
As a rule, for the benefit of the donor As a rule for the benefit of the heirs of the
donors (because of their legitimes)
Applicable to cases of supervening birth; non Applicable to cases of supervening birth and
fulfilment of conditions/charges; acts of inofficious donations and when legitimes are
ingratitude and inofficious donations impaired or donor did not reserved for support
of himself and relatives
PRESCRIPTION- a mode by which one acquires ownership and other real rights thru lapse of
time; also a means by which one loses ownership, rights and actions.
Kinds:
1. Acquisitive Prescription—one acquires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.
Requisites: (CTPL)
a. capacity to acquire by prescription
b. a thing capable of acquisition by prescription
c. possession of the thing under certain conditions
d. lapse of time provided by law
a. Ordinary—requires possession of things in good faith and with just title for the time fixed by
law. Requisites (1117-1120):
Possession in Good Faith (Reasonable belief that the person who transferred the
thing is the owner & could validly transmit ownership. This must exist throughout the
entire period required for prescription)
Just title (through any of the modes recognized by law; must be true and valid; must
be proved)
Within the time fixed by law: MOVABLES: a) in GF-4 years; b) w/o conditions-8
years IMMOVABLES: a) 10 years
In concept of an owner
Public, peaceful and uninterrupted possession (Must be known to the owner of the
thing; acquired and maintained w/o violence; no act of deprivation by others)
Possession is naturally interrupted when through any cause it should cease
for more than one year. The old possession is not revived if a new possession
should be exercised by the same adverse claimant. (1122) Civil interruption is
produced by judicial summons to the possessor (1123)
When Judicial Summons shall be deemed not issued: (1124)
a. If it should be void for lack of legal solemnities
b. If the plaintiff should desist from the complaint or should allow the
proceedings to lapse
c. If the possessor should be absolved from the complaint
Any express or tacit recognition by the possessor of the owner’s right also
interrupts possession.(1125)
Area possessed prevails over the area in the title (1135)
b. Extra-ordinary—acquisition of ownership and other real rights without need of title or of good
faith or any other condition
Requisites:
1. Just title is proved
2. Within the time fixed by law
a. 8 years for movables
b. 30 years for immovables
3. in concept of an owner
4. public, peaceful and uninterrupted
2. Extinctive Prescription—rights and actions are lost through the lapse of time in the manner
and under the conditions laid down by law.
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3. It must be made by the owner of the right, unless an administrator, executor or other legal
representative has been given a special power of attorney
4. It must not prejudice the rights of creditors
Things subject to Prescription (1113): All things w/in the commerce of men, private property
& patrimonial property of the state
To quiet title
To demand a right of way
To bring an action for abatement of public
nuisance
To demand partition in co-ownership
To enforce a trust
Probate of a will
To recover possession of a registered land
under PD 1529 by the registered owner
30 Years real actions over immovables (but not
foreclosure) w/o prejudice to the acquisition of
ownership or real rights by acquisitive prescription
10 Years Actions upon a written contract
Actions upon an obligation created by law
Actions upon a judgment from the time
judgment becomes final
Actions among co-heirs to enforce warranty
against eviction in partition
Mortgage action
8 Years Action to recover movables w/o prejudice to
acquisition of title for a shorter period or to the
possessors title under Arts. 559, 1505, 1133
6 Years Actions upon an oral contract
Actions upon a quasi-contract
5 Years Action for annulment of marriages (except on
the ground of insanity) and for legal separation
counted from the occurrence of the cause
Actions against the co-heirs for warranty of
solvency of the debtor in credits assigned in
partition
Action for declaration of the incapacity of an
heir (devisee or legatee) to succeed
All other actions whose periods are not fixed by
law, counted from the time action accrues
4 Years Action to revoke donations due to non-
compliance of conditions
Action to rescind partition of deceased’s estate
on account of lesion
Action to claim rescission of contracts
Annulment of contracts for vice of consent
Actions upon a quasi-delict
Action to revoke or reduce donations based on
birth, appearance or adoption of a child
Actions upon an injury to the rights of the
plaintiff (not arising from contract)
3 Years Actions under the eight hour labor law
Actions to recover losses in gambling
Money claims as a consequence of employer-
employee relationship
Action to impugn legitimacy of a child if the
husband or his heirs reside abroad
2 Years Action to impugn legitimacy of a child if the
husband or his heirs are not residing in the city or
municipality of birth
1 Year Action to impugn legitimacy of a child if the
husband or his heirs are residing in the city of
municipality of birth
Forcible entry and unlawful detainer
Defamation
Revocation of donation on the ground of
ingratitude
Rescission or for damages if immovable is
sold with an apparent burden or servitude
Action for warranty of solvency in
assignment of credits
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