Real Right and Personal Right intangible or

REAL RIGHT (jus in re) is the power of a incorporeal (for it is

generally CORPOREAL
person to obtain certain financial or economic the fulfillment of the
advantages over a specific thing, a power duty or prestation)
enforceable against the whole world whether
or not he possesses the thing. Not extinguished by
PERSONAL RIGHT (jus in personam) is the LOSS or
power belonging to a person to demand from Extinguished by LOSS DESTRUCTION (the
another, as a definite passive subject-debtor, or DESTRUCTION personal right
the fulfillment of a prestation to give, to do, or survives at least as to
not to do. the claim for
damages).
REAL RIGHTS PERSONAL RIGHTS
Has a SPECIFIC object Affects all the
PRESENT and
Classification of Real Rights in the Civil
FUTURE property of Code
the debtor a) WHERE THERE IS FULL CONTROL AND
There is a definite AC- ENJOYMENT
There is one definite TIVE subject (the 1. Ownership (included is co-ownership,
ACTIVE subject (like creditor); and a
which is only a form of ownership)
2. Possession (without prejudice to the
the owner, or definite PASSIVE
effects of good faith and bad faith)
usufructuary); the rest subject (the debtor).
a) WHERE THERE IS PARTIAL CONTROL OR
of the world is the HENCE, a personal
ENJOYMENT
indefinite PASSIVE right is enforceable 1. Usufruct (Beneficial Ownership)
subject. HENCE, a real only against the 2. Naked Ownership
right follows its original debtor or a 3. Easements (whether real or personal
OBJECT in the hands of transferee who has easements)
any POSSESSOR NOTICE or 4. Lease of real property if it exceeds one
KNOWLEDGE year, or if it is registered (regardless of
It is exercised thru period).
The right is created another person, a) REAL RIGHTS OF SECURITY OR GUARANTY
directly over a thing against whom an 1. Mortgage
action may be brought 2. Chattel Mortgage
3. Pledge
The right is OVER a The right is TO a thing 4. Antichresis
thing thru another 5. Retention
a) OF ACQUISITION
1. Pre-emption
Limited by the VALUE, 2. Redemption
USE, or PRODUCTIVITY Not so limited
of the thing MODES OF ACQUIRING OWNERSHIP UNDER
THE CIVIL CODE
Created by title alone
1. Occupation
created by both mode (except when the title
2. Intellectual creation
and title is at the same time the
3. Law
mode, as in 4. Donation
succession 5. Tradition
Subject matter is Subject matter is
 6. Prescription
7. Testate and intestate succession
Tradition – A mode by consequence of certain
contracts (like the contract of sale, barter,
assignment, simple loan or mutuum).
Succession is a mode of acquisition by virtue of
which the property, rights and obligations to
the
extent of the value of the inheritance of a
person,
are transmitted through his death to another
or
others either by his will or by operation of law
OCCUPATION
The acquisition of ownership by seizing
corporeal things that have no owner, made
with the intention of acquiring them, and
accomplished
Essential Requisites for Occupation
1. There must be a 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
4. There must be the intent to appropriate.
5. The requisites or conditions of the law
must be complied with.
Other Properties Acquirable by Occupation
a) Those without an owner, like animals
that are the object of hunting and fi
shing
b) Hidden treasure
c) Abandoned movables
INTELLECTUAL CREATION
A mode where the author acquires ownership
over the products of his intellect and consists,
fundamentally, in the power to authorize or
refuse the publication or production of such
creations or products.
PERSONS WHO CAN ACQUIRE OWNERSHIP
THROUGH INTELLECTUAL CREATION
1. The author with regard to his literary,
dramatic, historical, legal, philosophical,
scientific or other work;
2. The composer, as to his musical
composition;
3. The painter, sculptor, or other artist,
with respect to the product of his art;
4. The scientist or technologist or any
other person with regard to his
discovery or invention
DONATION
a mode of acquiring ownership where the act
of liberality of a person disposes gratuitously a
thing or a right in favor of another, who in the
other, accepts it.
Classification of Donations
1. SIMPLE - the cause is pure liberality (no
strings attached)
2. REMUNERATORY
a. To reward past services, with no
strings attached. (The services
here do not constitute
recoverable debts).
b. To reward future services or
because of certain future charges
or burdens, when the VALUE of
said services, burdens, or
charges is LESS than the value of
the donation
3. ONEROUS - there are burdens, charges
or future service EQUAL in value to that
of the thing donated.
Kinds of Donation
1. Inter vivos
2. Donation Mortis Causa
Distinctions:
Donation Inter Donation Mortis
Vivos Causa
 hence, the donor may give the property to
Takes effect during somebody else, for he has not really parted
Takes effect after the
the lifetime of the with the disposition of the property
death of the donor
donor
Must follow the Must follow the  Donations made to incapacitated
formalities of formalities of wills or persons shall be void, though simulated
donations (if codicils (holographic
ordinary and simple or notarial)
under the guise of another contract or
through a person who is interposed
Can be revoked at any
Cannot be revoked
time and for any
except for grounds Qualifications of donor
reason while the
provided for by law
donor is still alive Any person who has capacity to contract and
In case the legitime is capacity to dispose of his property may make a
Generally irrevocable
impaired, donations donation. The term “person” who could make
mortis causa (since donations refers to natural and artificial
during donor’s
they partake of the
lifetime; persons with legal personalities. With respect
nature of, or are
really, legacies or to artificial persons, they must be authorized
devises) are reduced by their Articles to donate.
ahead of donations
inter vivos, the latter Guardians and trustees may donate
being preferred.
The right of
their own properties.
disposition is The right of Unless they are otherwise disqualified by the
completely disposition is not law, but not the property entrusted to them, for
transferred to the transferred to the the simple reason that they are not the owners
donee (although donee while the thereof
certain reservations donor is still alive
as to usufruct, for
example, may be Status of a donation made by an
made) incapacitated person
Acceptance by donee Following the laws in contracts should be
mortis causa can only
Acceptance by donee
be done after the merely considered voidable. The same answer
must be during should be given in case there was vitiated
donor’s death; any
lifetime of donor.
prior acceptance is consent (as in the case of fraud or
immaterial or void. intimidation).

Perfection of the Donation Qualifications of donee

The donation is perfected, not from the time of
acceptance but from the time of knowledge by
the donor that the donee has accepted. (The
knowledge may of course be actual or
constructive). If there is no acceptance, the
donation will of course be null and void.
Acceptance (of a donation inter vivos) must be
made during the lifetime of the donor and of
the donee.
Prior to learning of the acceptance, there is as
yet no perfected donation (no donation at all),
All those who are not specially disqualified by
law can be considered done.
 An unborn child may be a donee but not
a donor. As a donee, donations made to
conceived and unborn children may be
accepted by those persons who would
legally represent them if they were
already born
Donations prohibited by law
1. Made by persons guilty of adultery or
concubinage at the time of donation;
2. Made between persons found guilty of the
same criminal offense in consideration
thereof;
3. Made to a public officer or his/her spouse,
descendant or ascendants in consideration
of the office;
4. Made to the priest who heard the
confession of the donor during the latter’s
last illness, or a minister of the gospel who
extended spiritual aid to him during the
same period;
5. Made to relatives of such priest, etc. within
the 4th degree, or to the church to which
such priest belong;
6. Made by a ward to the guardian before the
approval of accounts;
7. Made to attesting witness of execution of
donation, if there is any, or to the spouse,
parents, or children, or anyone claiming
under them.
8. Made to a physician, surgeon, nurse, health
officer or druggist who took care of the
donor during the last illness;
9. Made by individuals, associations, or
corporations not permitted by law to make
donations; and
10. Made by spouses to each other during the
marriage or to persons of whom the other
spouse is a presumptive heir.
Grounds for revocation of donation
1. Under Art. 760
a) Birth of a donor’s child or children
(legitimate, legitimated, or illegitimate)
after the donation, even though born
after his death;
b) Appearance of a donor’s child who is
missing and thought to be dead by the
donor; or Subsequent adoption by the
donor of a minor child.
1. Under Art. 764 – When the donee fails to
comply with any of the conditions which the
donor imposed upon the donee.
2. Under Art. 765 – By reason of ingratitude
a) If the donee should commit some
offense against the person, the honor or
the property of the donor, or of his wife
or children under his parental
authority;
b) If the donee imputes to the donor any
criminal offense, or any act involving
moral turpitude, even though he should
prove it, unless the crime or act has
been committed against the donee
himself, his wife or children under his
authority; or
c) If he unduly refuses him support when
the donee is legally or morally bound to
give support to the donor.
Effect of revocation or reduction
1. Return the thing or the object of the
donation
2. If the property had already been
alienated and could not be recovered
anymore, its value shall be paid to the
donor. The value shall be the price of
the property estimated at the time of
the perfection of the donation;
3. If the property had been mortgaged, the
donor may pay the mortgage
obligations,
subject to reimbursement by the done
PRESCRIPTION
a mode wherein one acquires ownership and
other real rights through the lapse of time in
the manner and under the conditions laid
down by law. In the same way, rights and
conditions are lost by prescription.
1. Acquisitive prescription/ Adverse
Possession - It is the acquisition of
ownership and other real rights through
possession of a thing in the manner and
under the conditions provided for by
law.
a. Ordinary acquisitive prescription-
requires possession of things in
good faith and with just title for
the time fixed by law which is 10
years; and
b. Extraordinary acquisitive
prescription- the acquisition of
ownership and other real rights
 without the need of title or of
good faith or any other condition
and would prescribe in 30 years.
2. Extinctive prescription or limitation of
actions – It involves loss of property
rights or actions through the possession
by another of a thing for the period
provided by law or failure to bring the
necessary action to enforce one’s right
with in the period fixed by law. Rights
and actions are lost by the lapse of time.

Requisites of prescription
1. Capacity to acquire by prescription;
2. A thing capable of acquisition by
prescription;
3. Possession of the thing under certain
conditions; and
4. Lapse of time provided by law.