Professional Documents
Culture Documents
Civil Law - Property
Civil Law - Property
Title I – PROPERTY
Classification (according to mobility):
1. Immovable – real property
2. Movable – personal property
Requisites:
1. Utility
2. Individuality/Substantivity
3. Susceptibility of appropriation
Real Rights
1. no passive subject – claim against whole world
2. object is corporeal thing (obligation)
3. creates juridical relations through mode & title
4. extinguished through loss or destruction of thing
Personal Rights
1. Passive and active subject
2. Object is an intangible thing (specific thing)
3. Creates juridical relations through title
4. Not extinguished through loss or destruction of thing
Immovable property
1. By nature – cannot be moved from place to place because of their
nature
a) land, buildings & all kinds of constructions adhered to soil
b) mine, quarries
2. By incorporation – essentially movables but attached to an
immovable that it becomes an integral part of it
trees, plants & growing fruits adhered to soil
everything attached to an immovable that it will break if
separated
statues, paintings if intended by owner to be integral part of
immovable
animal houses if intended by owner to become permanently
attached to immovable
3. By destination – movables but purpose is to partake of an integral
part of an immovable
machinery placed by owner of the tenement & tend directly to
meet the needs of such works/industry
fertilizers – when applied to soil
docks & floating structures
4. By analogy/by law – contracts for public works, servitude & other real
rights over immovable property
Movable property
1. susceptible of appropriation that are not included in enumeration in
immovable
2. immovable that are designated as movable by special provision of law
3. forces of nature brought under control by science
4. things w/c can be transported w/o impairment of real property where
they are fixed
5. obligations which involve demandable sums (credits)
6. shares of stocks of agricultural, commercial & industrial entities
although they may have real estate
Classification of Movables
1. consumable – cannot be utilized w/o being consumed
2. non-consumable
Attributes:
1. Jus possidendi – right to possess
2. Jus utendi – right to enjoy
3. Jus fruendi – right to fruits
4. Jus abutendi – right to use and abuse
5. Jus disponendi – right to dispose
6. Jus vindicandi – right to exclude others from possession of the thing
Limitation on Ownership
1. general limitations for the benefit of the state (eminent
domain, police power, taxation)
2. specific limitations imposed by law (servitude, easements)
3. specific limitations imposed by party transmitting ownership
(will, contract)
4. limitations imposed by owner himself (voluntary servitude,
mortgages, pledges)
5. inherent limitations arising from conflicts with other similar
rights (contiguity of property)
6. owner cannot make use of a thing which shall injure/prejudice
rights of 3rd persons (neighbors)
7. acts in state of necessity – law permits injury or destruction of
things owned by another provided this is necessary to avert a
greater danger (with right to indemnity – vs. principle of unjust
enrichment)
8. true owner must resort to judicial process – when thing is in
possession of another; law creates a disputable presumption
of ownership to those in actual possession
identify property
show that he has better title
Chapter 2: RIGHT OF ACCESSION
Accession – owner of thing becomes owner of everything it may produce
or those which may be incorporated or united thereto
1. principle of justice
2. accessory follows the principal
Requisites:
1. deposit is gradual & imperceptible
2. made through effects of current of water
3. land where accretion takes place is adjacent to banks of
river
Bad faith on both builder & owner – in pari delicto (no cause of
action vs. each other)
Right of 3rd person who owns materials
1. Right to be indemnified for value of materials irrespective of
good faith or bad faith of builder or owner; if builder has no
property, owner is subsidiarily liable
2. When builder is in bad faith & owner in good faith & owner
compel builder to remove improvements, owner is not
subsidiarily liable
3. When 3rd person is paid by builder, builder may demand from
landowner the value of labor & materials
b) Movables
1. Conjunction / adjunction – 2 movable things which belong to
different owners are united to form a single object
Rights:
1. If both are in good faith – owner of principal acquired the
accessory with indemnification
2. If both are in good faith – may separate them if no injury will
be caused; if value of accessory is greater than principal,
owner of accessory may demand separation even if damages
will be caused to the principal (expenses to be borne by one
who caused the conjunction)
3. If owner of accessory is in bad faith – owner of accessory with
damages to principal
4. If owner of principal is in bad faith – owner of accessory shall
have option of principal paying value of accessory or removal
of accessory despite destruction of principal
5. Owner of accessory or principal has right to indemnity when
thing adjuncts w/o his consent – may demand that a thing
equal is kind, value and price
Rights:
1. If person who made the transformation is in good faith – he
shall appropriate the thing transformed as his own with
indemnity to owner of material for its value
2. If material is more precious than transformed thing – owner of
material may appropriate the new thing to himself after
indemnity paid to labor or demand indemnity for materials
3. If person who made the transformation is in bad faith, owner
of material shall appropriate the work to himself w/o paying
maker or demand indemnity for value of materials & damages
4. If transformed thing is more valuable than material, owner of
material cannot appropriate
3. Commixtion / confusion – 2 things of the same or different kinds are
mixed & are not separable w/o injury
Rights:
1. If both owners are in good faith
– Each owner shall acquire a right proportional to the part
belonging to him (vis-a-vis the value of the things mixed or
confused)
2. If one owner is in bad faith – he
shall lose the thing belonging to him plus indemnity for
damages caused to owner of other thing mixed with his thing
3. If both in bad faith no cause of
action against each other
Rights of co-owners
1. Right to benefits proportional to respective interest; stipulation to
contrary is void
2. Right to use thing co-owned
1. for purpose for which it is intended
2. without prejudice to interest of ownership
3. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement
4. Right to bring action in ejectment in behalf of other co-owner
5. Right to compel co-owners to contribute to necessary expenses for
preservation of thing and taxes
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
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
8. Right to full ownership of his part and fruits
9. Right to alienate, assign or mortgage own part; except personal rights
like right to use and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated 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
Duties/Liabilities
1. Share in charges proportional to respective interest; stipulation to contrary
is void
2. Pay necessary expenses and taxes – may be exercised by only one co-
owner
3. Pay useful and luxurious expenses – if determined by majority
4. Duty to obtain consent of all if thing is to be altered even if beneficial;
resort to court if non-consent is manifestly prejudicial
5. Duty to obtain consent of majority with regards to administration and
better enjoyment of the thing; controlling interest; court intervention if
prejudicial – appointment of administrator
6. No prescription to run in favor co-owner as long as he recognizes the co-
ownership; requisites for acquisition through prescription
1. he has repudiated through unequivocal acts
2. such act of repudiation is made known to other co-owners
3. evidence must be clear and convincing
1. Co-owners cannot ask for physical division if it would render
thing unserviceable; but can terminate co-ownership
2. After partition, duty to render mutual accounting of benefits and
reimbursements for expenses
3. Every co-owner liable for defects of title and quality of portion
assigned to each of the co-owner
Rights of 3rd parties
1. creditors of assignees may take part in division and object if being
effected without their concurrence, but cannot impugn unless there is
fraud or made notwithstanding their formal opposition
2. non-intervenors – retain rights of mortgage and servitude and other
real rights and personal rights belonging to them before partition was
made.
Title V – POSSESSION
How acquired:
1. material occupation – possession as a fact
1. physical
2. constructive – tradicion brevi manu (one who possess a thing
short of title of owner – lease );
Degrees of possession:
1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner
4. possession with just title from true owner
Classes of ownership:
1. in concept of owner – owner himself or adverse possessor
Effects:
1. may be converted into ownership through acquisitive prescription
2. bring actions necessary to protect possession
3. ask for inscription of possession
4. demand fruits and damages from one unlawfully detaining property
1. in concept of holder – usufruct, lessee, bailee
2. in oneself – personal acquisition
1. he must have capacity to acquire possession
2. intent to possess
3. possibility to acquire possession
Minors/ Incapacitated
may acquire material possession but not right to possession; may only
acquire them through guardian or legal representatives
Acquisition
1. cannot be acquired through force or intimidation when a possessor
objects thereto – resort to courts
2. the following do not affect acts of possession ( not deemed
abandonment of rights ); possession not interrupted
1. acts merely tolerated
2. clandestine and unknown acts
3. acts of violence
Rights of possessor:
1. Right to be respected in his possession; if disturbed – protected by
means established by law; spoliation
2. Possession acquired and enjoyed in concept of owner can serve as
title for acquisitive prescription
1. Possession has to be in concept of owner, public, peaceful and
uninterrupted
2. Title short of ownership
3. Person in concept of owner has in his favor the legal presumption of
just title (prima facie)
4. Possession of real property presumes that movables are included
5. Co-possessors deemed to have exclusively possessed part which may
be allotted to him; interruption in whole or in part shall be to the
prejudice of all
6. Possessor in good faith entitled to fruits received before possession is
legally interrupted ( natural and industrial – gathered or severed; civil –
accrue daily )
7. Possessor in good faith entitled to part of net harvest and part of
expenses of cultivation if there are natural or industrial fruits
( proportionate to time of possession ); owner has option to require
possessor to finish cultivation and gathering of fruits and give net
proceeds as indemnity for his part of expenses; if possessor in good
faith refuses – barred from indemnification in other manner
8. Possessor has right to be indemnified for necessary expenses whether
in good faith or in bad faith; Possessor in good faith has right of
retention over thing unless necessary expenses paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses
with right of retention; owner has option of paying expenses or paying
the increase in value of property which thing acquired by reason of
useful expenses
10. Possessor in good faith may remove improvements if can be done
w/o damage to principal thing- unless owner exercises option of
paying; possessor in bad faith not entitled.
11. Possessor in good faith and bad faith may not be entitled to
payment for luxurious expense but may remove them provided
principal is not injured – provided owner does not refund the amount
expended
12. Improvements caused by nature or time to inure to the benefit of
person who has succeeded in recovering possession
13. Wild animals possessed while in one’s control; domesticated –
possessed if they retain habit of returning back home
14. One who recovers, according to law, possession unjustly lost is
deemed to have enjoyed it w/o interruption
Liabilities/duties of Possessor
1. Return of fruits if in bad faith – fruits legitimate possessor could have
received
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss
except when fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by
fortuitous event
5. Person who recovers possession not obliged to pay for improvements
which have ceased to exist at time of occupation
Loss of possession:
1. abandonment of the thing – renunciation of right; intent to lose the
thing
2. assignment made to another by onerous or gratuitous title
3. destruction or total loss of the thing or thing went out of commerce
4. possession of another if new possession lasted longer that 1 year
( possession as a fact); real right of possession not lost except after 10
years
Not lost:
1. Unlawfully deprived or lost
2. Acquired at public sale in good faith – with reimbursement
3. Provision of law enabling the apparent owner to dispose as if he is
owner
4. Sale under order of the court
5. Purchases made at merchant stores, fairs or markets
Title VI – USUFRUCT
Usufruct – right to enjoy another’s property with correlative duty of
preserving its form and substance
1. things – movable/immovable
2. rights – provided it is not strictly personal
Kinds:
1. legal – parents over children
2. voluntary – contracts, wills
3. mixed – prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
10. With a term
Rights of usufructuary:
1. Right to civil, natural & industrial fruits of property
2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights – gratuitous or onerous; but is
co-terminus with term of usufruct; fruits proportionate at duration of
usufruct; but can’t do acts of ownership such as alienation or
conveyance except when property is:
4. consumable
5. intended for sale
6. appraised when delivered; if not appraised & consumable – return
same quality (mutuum)
7. Right not exempt from execution and can be sold at public auction
by owner
8. Naked owner still have rights but w/o prejudice to usufructuary; may
still exercise act of ownership –bring action to preserve
9. Right to fruits growing at time usufruct begins; growing fruits at
termination of usufruct belongs to owner
10. Right to necessary expenses from cultivation at end of
usufruct
11. Right to enjoy accessions & servitudes in its favor & all
benefits inherent therein
12. Right to make use of dead trunks of fruit bearing trees &
shrubs or those uprooted/cut by accident but obliged to plant anew
13. Right of usufructuary of woodland – ordinary cutting as owner
does habitually or custom of place; cannot cut down trees unless it
is for the restoration of improvement of things in usufruct – must
notify owner first
14. Right to leave dead, uprooted trees at the disposal of owner
with right to demand that owner should clear & remove them – if
caused by calamity or extraordinary event – impossible to replace
them
15. Right to oblige owner to give authority & furnish him proofs if
usufruct is extended to recover real property or real right
16. Right to necessary expenses
17. Right to introduce useful & luxurious expenses but with no
obligation of reimbursement on part of owner; may remove
improvement if can be done w/o damage
18. Right to set-off improvements against damages he made
against the property
19. Right to administer when property is co-owned; if co-
ownership cease – usufruct of part allotted to co-owner belongs to
usufructuary – not affected
20. Right to demand the increase in value of property if owner did
not spend for extraordinary repairs when urgent & necessary for
preservation of thing
Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at beginning
of usufruct; whose who have right to fruits should reimburse
expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear, thing
deteriorates, obliged to return in that state; except when there is fraud
or negligence, then he shall be liable
3. Before entering into usufructuary:
Notice of inventory of property (appraisal of movables &
description)
Posting of security
1. not applicable to parents who are usufructuary of children
except when 2nd marriage contracted
2. excused – allowed by owner, not required by law or no one
will be injured
failure to give security: owner may demand that:
1. immovables be placed under administration
2. NI can be converted into registered certificates or deposited
in bank
3. Capital & proceeds of sale of movables be invested in safe
securities
4. Interest on proceeds or property under admin belong to
usufructuary
5. Owner may retain property as administrator w/ obligation to
deliver fruits to usufructuary until he gives sufficient security
6. Effect of security is retroactive to day he is entitled to fruits
4. Take care of property as a good father of family
5. Liable for negligence & fault of person who substitute him
6. If usufruct is constituted on animals – duty bound to replace dead
animals that die from natural causes or became prey; if all of them
perish w/o fault but due to contagious disease / uncommon event –
deliver remains saved; if perish in part due to accident – continue on
remaining portion; if on sterile animals – as if fungible – replace same
kind & quality
7. Obliged to make ordinary repairs – wear & tear due to natural use of
thing and are indispensable for preservation; owner may make them
at expense of usufructuary – during existence of usufruct
8. Obliged to make expenses due to his fault; cannot escape by
renouncing usufruct
9. Pay legal interest from extraordinary expenses made by owner
10. Payment of expenses, charges & taxes affecting fruits
11. Payment of interest on amount paid by owner charges on capital
12. Obliged to notify owner of act of 3rd person prejudicial to rights of
ownership – he is liable if he does not do so for damages – as if it
was caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to
usufructuary – borne by usufructuary
Obligations of owner
1. extraordinary expenses; usufructuary obliged to inform owner when
urgent is the need to make them
2. expenses after renunciation of usufruct
3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no obligation to pay
mortgage; if attached, owner to be liable for whatever is lost by
usufructuary
5. if property is expropriated for public use – owner obliged to either
replace it or pay legal interest to usufructuary of net proceeds of the
same
Extinguishment of usufruct
1. death of usufructuary – unless contrary intention appears
2. expiration of period of usufruct
3. merger of usufruct & ownership
4. renunciation of usufructuary – express
5. total loss of thing
6. termination of right of person constituting usufruct
7. prescription – use by 3rd person
· OCCUPATION
1. There should be a corporeal thing (tangible) which must have a “corpus”
(body) & that thing should have no owner
2. There must be actual occupancy; thing must be subjected to one’s
control/disposition
3. There must e an intention to occupy
4. Accomplished according to legal rules
What are the things susceptible to occupation?
things that are w/o owner – res nullius; abandoned
stolen property cannot be subject of occupation
animals that are the object of hunting & fishing
kinds of animals:
wild – considered res nullius when not yet captured; when captured
& escaped – become res nullius again
domesticated animals – originally wild but have been captured &
tamed; now belong to their capturer; has habit of returning to premises
of owner; becomes res nullius if they lose that habit of returning &
regain their original state of freedom
domestic/tame animals – born & ordinarily raised under the care of
people; become res nullius when abandoned by owner
hidden treasure (only when found on things not belonging to anyone)
abandoned movables
Animals:
a) Swarm of bees
owner shall have right to pursue them to another’s land (owner to
identify latter for damages, if any)
land owner shall occupy/retain the bees if after 2 days, owner did
not pursue the bees
b) Domesticated animals
may be redeemed within 20 days from occupation of another
person; if no redemption made, they shall pertain to the one who
caught them
Movables:
1) Treasure found on another’s property
consist of (1) money, precious objects & 2) hidden & owner is
unknown
finding must be by chance in order that stranger may be entitled
to ½ of the treasure
PRESCRIPTION – mode by which one acquires ownership and other real rights
thru lapse of time; also a means by which one loses ownership, rights & actions;
retroactive from the moment period began to run
Kinds:
1. Acquisitive
1. Extinctive
Who may acquire by prescription:
1. person who are capable of acquiring property by other
legal modes
2. STATE
3. minors – through guardians of personally
Renunciation of prescription:
persons with capacity to alienate may renounce
prescription already obtained but not the right to
prescribe in the future
may be express or tacit
prescription is deemed to have been tacitly renounced;
renunciation results from the acts w/c imply
abandonment of right acquired
creditors & persons interested in making prescription
effective may avail themselves notwithstanding express
or tacit renunciation
GOOD FAITH
Reasonable belief that person who transferred thing is the owner
& could validly transmit ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) – must be proved & never presumed
Titulo Colorado –
Titulo putativo –
title must be one which would have been sufficient to transfer
ownership if grantor had been the owner
through one of the modes of transferring ownership but there is
vice/defect in capacity of grantor to transmit ownership
IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of
the owner
claim that he owns the property
INTERRUPTION
Natural
through any cause, possession ceases for more than 1 year
if 1 year of less – as if no interruption
civil
produced by judicial summons; except
1. void for lack of legal solemnities
2. plaintiff desist from complaint/allow proceedings to lapse
3. possessor is absolved from complaint
express or tacit renunciation
possession in wartime
TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith – use extraordinary
prescription
PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
30 years
action over immovables from time possession is lost
10 years
mortgage action
upon written contract
upon obligation created by law
upon a judgement
8 years
action to recover movables from time possession is lost
6 years
upon an oral contract
upon a quasi-contract
5 years
actions where periods are not fixed by law
4 years
upon injury to rights of plaintiff
upon a quasi-delict
1 year
for forcible entry & detainer
for defamation
Rights not extinguished by prescription:
1. demand right of way
2. abate public /private nuisance
3. declare contract void
4. recover property subject to expressed trust
5. probate of a will
6. quiet title
Characteristics of DONATION:
Unilateral – obligation imposed on the donor
Consensual – perfected at time donor knows of acceptance
Requisites of Donation:
1. Reduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
4. Donor must be owner of property donated
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 & dispose & accept donation
4. form – depends on value of donation
Acceptance
acceptance must be made personally or thru agent
donation may be made orally or in writing
movable:
5,000 & below – may be oral or written, if oral it must be with
simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 – must be written and accepted also in writing
immovable – must be in a public instrument & acceptance must also be in
a public instrument (in same instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
a)
Consideration
Merits of done Liberality or merits of donee or burden/ charge of past services
provided they do not constitute demandable debt Valuable consideration is
imposed but value is less than value of thing donated Valuable consideration
given
f) revocation
ApplicableApplicableApplicableApplicable
Who may give donations
– All persons who may contract and dispose of their property
DOUBLE DONATIONS:
Rule: Priority in time, priority in right
1. If movable – one who first take possession in good faith
2. If immovable – one who recorded in registry of property in good
faith
– no inscription, one who first took possession in good faith
– in absence thereof, one who can present oldest title
REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or
descendants at time of donation:
1. If donor should have legitimate, legitimated or illegitimate
children
2. If child came out to be alive & not dead contrary to belief of
donor
3. If donor subsequently adopts a minor child
Action for revocation based on failure to comply with condition in case
of conditional donations
Action for revocation by reason of ingratitude
1. Donee commits offense against person, honor, property of
donor, spouse, children under his parental authority
2. Donee imputes to donor any criminal offense or any cat involving
moral turpitude even if he should prove it unless act/crime has
been committed against donee himself, spouse or children under
his parental authority
3. Donee unduly refuses to give support to donor when legally or
morally bound to give support to donor
NON-FULFILLMENT
BIRTH OF CHILD OF CONDITION INGRATITUDE
decision is merely
declaratory needs court action needs court action Extent: portion which may
impair legitime of heirs Extent: whole portion but court may rule partial
revocation only Extent: Whole portion returned Property must be returned
Property in excessProperty to be returned
Alienation/mortgages
done prior to
recording in Register
of Deeds:
Inofficious donations:
1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at
time of donation
3. donees/creditors of deceased donor cannot ask for reduction of
donation
4. if there are 2 or more donation: recent ones shall be suppressed
5. if 2 or more donation at same time – treated equally & reduction is
pro rata but donor may impose preference which must be expressly
stated in donation
Source:
Civil Law (Property) Memory Aid
Ateneo Central Bar Operations 2001