OWNERSHIP

Art. 427. Ownership may be exercised over things or rights.

What is ownership?

It is the independent and general right of a person to control a thing particularly in his possession,
employment, disposition, and recovery, subject to no restrictions except those imposed by the state or private
persons, without prejudice to the provisions of the law.

Kinds of Ownership:

 Full Ownership (dominium or jus in re propia)- this includes all the rights of an owner
 Naked Ownership (nuda proprietas)- This is ownership where the right to the use and the fruits has been
denied.

Note:

1. Naked ownership + usufruct= full ownership

2. Full ownership – naked ownership= Usufruct
3. Full Ownership – Usufruct= Naked Ownership

Usufructuary’s right may be called jus in re aliena because he possesses a right over a
thing owned by another.

 Sole Ownership- Where the ownership is vested in only one person

 Co-ownership ( Tenancy in Common)- When the ownership is vested in two or more owners.

Where questions of ownership should be decided

GR:

It should generally be ventilated in an ordinary civil action or proceeding, and not under the proceedings
provided in the Land Registration Act, inasmuch as the latter proceedings are summary in nature, and more or less
inadequate. (RFC v. Alto Surety and Ins. Co., L-14303, 1960)

XPN:

When both parties concerned, are given full opportunity to present their sides, and the court is able to
obtain sufficient evidence to guide the Land Registration Court in formulating its decision. However, this naturally
falls within the sound discretion of the court. (Aglipay v. De los Reyes, L-12776, 1960)

Possessory information duly recorded in the Registry of Property is prima facie evidence that the registered
possessor is also the owner of the land involved.

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those
established by law.
The owner has also a right of action against the holder and possessor of the thing in order to recover it.

Rights of an owner under the Civil Code:

a. The right to enjoy

b. The right to dispose
c. The right to recover or vindicate.

The right to enjoy includes:

a. The right to possess

b. The right to use
c. The right to the fruits.

The right to dispose includes:

a. The right to consume or destroy or abuse

b. The right to encumber or alienate.

Rights of an Owner under Roman Law:

a. Jus possidendi- the right to possess

The right to possess means the right to hold a thing or to enjoy a right. It means that the thing or
right is subject to the control of my will.

b. Jus utendi- the right to use

The right to use includes the right to exclude any person, as a rule, from the enjoyment and
disposal thereof.

c. Jus fruendi- the right to the fruits

The right to the fruits includes the right to three kinds of fruits – natural, industrial and civil fruits
(such as rents from buildings).

d. Jus abutendi- the right to consume, transform, and abuse

A person can dispose of his wealth, but he must leave enough for his own support and for those
whom he is obliged to support.

e. Jus disponendi- the right to dispose

The right to dispose includes the right to donate, to sell, to pledge or mortgage.

f. Jus vindicandi- the right to recover

The owner has also a right of action against the holder and possessor of the thing in order to
recover it. -Art. 428, NCC.

Action to Recover

Recovery of Personal Property