What are then the distinct differences between paragraph 3 In order the convert property of public dominion into
n into
and 4 of article 415?
1. In 4 the incorporation must be made by the owner either
personally or through his agent/ 3 it is immaterial as to who
makes or introduced the incorporation he be the owner of
the immovable or not
2. the incorporation in 3 must be that separation is not
possible while in /4 separation is possible without
deterioration of the immovable or destruction of the
material.
BQ.
The platform is an immovable property, under NCC 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. Since the floating platform is a petroleum facility,
it is intended to remain permanently where it is situated
even if it is tethered to a ship which is anchored to the
seabed.
BQ.
If the parties treat the machinery as chattels they are bound
by their agreement under the principle of estoppel
notwithstanding the fact that the machinery may have been
attached to an immovable in a fixed manner and may not
be separated there from without breaking the material or
deterioration of the object to which it is attached.
BQ.
After agreeing to a contract stipulating that a real or
immovable property be considered as a personal property
or movable a party is estopped from subsequently claiming
otherwise. Hence such property is a proper subject of a writ
of replevin obtained by the other contracting party.
BQ.
Business of providing telecommunications and telephone
service is a personal propetu which can be the object of
theft. NCC provides that all things which are or may be the
object of appropriation are considered either real or
personal property. The fact that business interest can be
appropriated and not expressly included in the enumeration
of real property therefore a personal property.
While it is true that property of public dominion are
inalienable and are not subject to levy encumbrance or
disposition are patrimonial properties of the state also of
the same nature and classification?
No, patrimonial properties of the State can be alienated
subject to existing rules and regulations. These are the kind
or properties that the state is holding just like a private
individual or entity.
furniture necessary for his use (b) dwelling house or (c)
patrimonial property there must be affirmative act either on
the part of the executive or legislative, to reclassify property
into patrimonial. The intention to reclassify must be clear,
definite and must be based on correct legal premise. Hence
the conversion can no longer be inferred from the non-use
alone of the property.
BQ.
Submerged lands like the waters above it are part of the
inalienable natural resources of the state hence outside
commerce of man.
OWNERSHIP
Heirs of Pedro vs Sterling
Owner of a property have no authority to use force and
violence to eject usurpes who were in prior physical
possession of it. They must resort to judicial processes to
recover.
BQ.
Since owners of property are directed to resort to judicial
action, what are these actions to recover possession of real
property? Under existing laws and jurisprudence there are 3
kinds of actions available to recover possession of real
property.
1. accion interdictal/ ejectment
- forcible entry/ unlawful detainer
To successfully maintain this action:
a. person who claims a better right must prove the identity
of the property claimed
b. he must prove his title to the land
2. accion publitiana
3. accion reinvindicatura
What is the concept of hidden treasure?
Hidden and unknown deposit of money, jewelry or other
precious objects, the lawful ownership of which does not
appear. Hence for property to be considered as hidden, the
ff requisites must be satisfied:
1. the deposit of money, jewelry or other precious objects
must be hidden or unknown
2. the lawful ownership of which does not appear
Ejusdem generis rule
Other precious objects should be understood as being
similar to money or jewelry. Hence the concept does not
include natural wealth, like minerals and petroleum. Under
the regalian doctrine ownership is reserved to the state all
natural wealth that may be found in the bowels of the earth
even if the land where the discovery is made be privately
owned.
What is the rule on ownership with respect to hidden
treasure?
Finder of the hidden treasure in the owner of the land,
building or property on which it is found, the treasure shall
belong to him. If the finder is a 3 rd person, he is entitled to
one half of the treasure if he is not a trespasser and the
discovery of the treasure is only by chance otherwise he
shall not be entitled. Same rule applies even if the land
belongs to the state. However if the thing is found be of
interest of science or the arts like artifacts or
archaepelogical remains, the state may acquire them by
paying just price whether the finder of the treasure is the
owner of the property on which it is found or 3rd person.
USUFRUCT
How is usufruct constituted?
- Article 563 of the CC, usufruct may be created
through any of the following modes:
1. By law or legal usufruct
Ex. Usufruct of the parents over the property of their minor
children living in their custody and under their parental
authority.
2. By the will of private persons expressed in acts inter vivos
- Such as contracts and donations or expresses in a last will
and testament. This is referred to as voluntary usufruct.
Can the right of usufruct be alienated or encumbered?
- Yes. While the usufructuary has no right to
dispose the property subject of usufruct but he
can alienate or encumber his right of usufruct to
third persons even without the consent of the
naked owner. In other words, the law does not
require the usufructuary to personally enjoy the
property in usufruct. He is allowed to transfer
such right of enjoyment either by leasing it or by
alienating the right of usufruct itself, which
contract however is subject to the life of the
usufruct.
However there are instances where right of usufruct may
not be alienated as ff:
1. legal usufruct – of the parents over the fruits and income
of the property of unemacipated children, since the same is
to be devoted primarily to the child’s support and
secondarily to the collective needs of the family.
2. usufruct that us granted to a usufructuary is considered
of his person to last during his lifetime since usufruct is a
matter of personal quality and
3. when the enjoyment of the property held in usufruct is
acquired through cauction juratoria in as much as the basis
is the need of the usufructuary who has not given security
for the purpose of acquiring the use of the following (a)
implements, tools and other movable property necessary
for an industry or vocation in which he is engaged.
What is the effect of the alienation of the right to usufruct
by the usufructuary?
- It will not result in the termination of the
relation between the usufructuary and the
naked owner. Meaning the life of the usufruct
will continue to subsists but the usufructuary is
under obligation to still preserve the property,
and in the event damage will arise even if
caused by 3rd , he will still be personally liable to
the naked owner. In fact, in some cases the
usufructuary is required to give security r bond
to answer for whatever liabilities he may icur
upon the termination of the usufruct n
- including indemnity for the damage to the
property in usufruct.
Complimentary to these questions re the following:
Cab the naked owner alienate or mortgage the property
held in usufruct?
- Yes the naked owner may alienate or validly
mortgage the property in the usufruct to 3rd
persons even without the consent of the
usufructuary but he cannot exercise such right
in a manner that will have an adverse effect
upon the latter. In other words the naked owner
may not in any way interfere with the rights of
the usufructuary. In short the buyer or the
mortgagee of the property from the naked
owner will merely steps into the shoes of the
latter such that his right of ownership is limited
and subject to the rights of the usufructuary.
What is the effect of the alienation of the property held in
usufruct to the rights of the usufructuary?
- The rights of the usufructuary cannot be
curtailed or diminished by the alienation of the
thing is usufruct. Even if the ownership of the
property had been validly trnasfered to another
person, the usufruct already constituted will still
subsists until the same is effectively
extinguished.
Can the naked owner lease the property held in usufruct to
a 3rd person?
- No, the naked owner may not constitute lease
over the property held in usufruct to a 3rd
person because lease involves use and
possession of the property which use and
possession is already transferred to the
usufructuary. Note that it is the ususfructuary
 who has the right to constitute a lease over the
property held in usufruct but not the naked
owner.
Who are entitled to the fruits?
- Fruits be it natural, industrial or civil belongs to
he owner of the property but by way of
exception, the usufructuary as a rule is entitled
to all of these. As such usufructuary is entitled
to the products and income form the property
subject of the usufruct.
What is the rule if there are ungathered or pending fruits at
the commencement of the period of usufruct and by the
time it is terminated?
- Natural or Industrial fruits which are pendindin
or ungathered at the time of the usufruct begins
belongs to the usufructuary and he has no
obligation to refund to the naked owner any
expense incurred by the latter in connection
with the cultivation and production of such
fruits.
- Natural or industrial fruits which are still
pending or ungathered at the time the usufruct
is terminated the same shall belong to the
naked owner but the latter is obliged to
reimburse the usufructaury the ordinary
expenses of cultivaton for seeds and other
similar expenses by the usufructuary.
- Civil fruits shall accrue daily such that it shall
belong to the usufructuary in proportion to the
time the usufruct may last.
Having known the rights of the usufructuary what then are
his obligations?
- The obligation of the usufructuary may be
grouped unto 3 different stages.
Those required at the commencement if the usufruct
Those required during the life of the usufruct
Those required at the termination of the usufruct
Following obligations of the usufructuary at the
commencement of the usufruct.
To make an inventory of all the property covered by the
right of usufruct
To give security or bond
Where the usufructuary failed to comply with these
obligations the usufructuary cannot as yet possess and
enjoy the property under usufruct.
Are there instances where the usufructuary Is exempted
from the requirement of giving a security or putting up a
bond?
- Yes in the following instances:
When the donor has reserved the usufruct of the property
donated
In case of legal usufruct of the parents over the property of
their minor children living in their custody and under
parental authority except when the parents contact a
second marriage or when the market value of the property
or the annual income of the child exceeds 50K.
In case of caucion juratoria.
Mercedes vs Sps Pernes
Pernes couple can be rejected because their right to use the
subject lot was extinguished or terminated pursuant to the
document constituting the usufruct itself. In the said
document the stay of any of her kins including the Pernes
couple was subject to the condition that they will live In
harmony and atmosphere of cooperation and avoid
bickering with one another. The fact that strained realtions
prevailed between the parties the resolutory condition was
fulfilled thereby terminating the usufruct constituted upon
the property. Therefore the right to use the subject lot by
Pernes couple ceases upon the demand to vacate sent to
them. For their failure to heed the demand the unlawful
detainer suit is the proper remedy resorted to the proper
remedy resorted to by Mercedes to oust Pernes from their
occupation of the subject lot.
Suppose the usufruct is constituted on a building and the
building was destroyed without the fault of the
usufructuary, will the usufruct be extinguished?
- No the usufruct is not extinguished and the
usufructuary has the right to make use of the
land and the materials, if the owner has no plan
to put up another building. If the owner
however wishes to construct another building
said owner has the right to occupy the land and
to make use of the ,aterial in which case he shall
be obliged to pay the usufructaury during the
existence of the usufruct the interest upon the
sum equivalent to the value of the land and of
the materials
Will the usufruct constinue after the house has bruned
down?if yes will it constinue after Sinforoso’s death?
(illegitimate child)
Will expropriation of the property held for public use
extinguish the usufruct?.
- No, expropriation will not extinguish the
usufruct. In such case the owner has the options
of either (a) replacing it with another thing of
the same value and of similar conditions (b)
paying the usufructuary the legal interet on the
amount of the indemnity for the whole period
of the usufruct, giving security for such
payment.
What are the obligations of the usufructuary upon the
termination of the usufruct?
- Upon the termination of the usufruct the
ususfructuary loses the right to possession of
the property and he is obliged to deliver the
same to the owner unless the usufructuary is
entitled to exercise the right to retain the
property or in case of abnormal usufruct.
In what instances may the usufructuary exercise his right of
retention?
- The usufructuary enjoys the right of retention
until payment of the ff. (a) sums that may have
been advanced by the usufructuary for payment
of taxes which are imposed directly on the
capital (b) the increase in the aluse which the
immovable acquired by reason of the
extraordinary repairs paid for by the
usufructuary.
EASEMENT
An easement that can be acquired by prescription?
If the easement is both continuos and apparent it may be
acquired by virtue of prescription within a period of 10
years. The commencement of the 10 year period will
depend on whether the easement is positive or negative.
If the easement is positive the 10 yr period is counted from
the day on which the owner of the dominant estate or the
person who may have made use of the easement
commenced to exercise it upon the servient estate.
If the easement is negative the 10 yr period is counted from
the day which the owner of the dominant estate forbade by
an instrument acknowledged before a notary public the
owner of the servient estate from executing an act which
would be lawful without the easement.
Case
While NCC provides for the general rule that the owner of
the servient estate retains the ownership of the portion on
which the easement is established and may use the same in
such manner as not to affect the exercise of the easement.
“all matters concerning easement established for public or
communal use shall be governed by the special laws and
regulation thereto. Thus in implementation of provisions
which governs residential subdivisions the allocation of the
3meter strip along the banks of stream is required and shall
be considered forming part of the open space requirement
which provides that the open spaces are for public use and
are therefore beyond the commerce of man and that the
areas reserves for parks.
Republic of the Philippines through the office of the SolGen
or the LGU of Las PInas City may institute recovery actions
against these informal settlers depending pn the purpose
sought to be achieved. The former may file an action for
reversion while the latter may act pursuant to the
implementation of the provision.
What are the kinds of easement right of way?
- Easement right of way may be voluntary or
compulsory
Voluntary easement right of way is constituted by
agreement and does not therefore require that the
dominant easement be isolated and without an adequate
outlet to public highway. If he estate however is so isolated
and without an adequate outlet to public highway the grant
of easement right of way is compulsory and hence legally
demandable subject to indemnity and the concurrence of
other conditions.
In compulsory easement, what are the requisites in order
that such easement may be legally demandable?
- There are 4 requisites to be complied with by
the owner before an easement right of way may
be compulsory granted
1. that the dominant estate is surrounded by other
immovable and has no adequate outlet to a public highway
2. after payment of proper indemnity
3. that the isolation was not due to acts of the owner of the
dominant estate
4. that the right of way claimed is at the point least
prejudicial to the servient estate and in so far as consistent
with this rule where the distance from the dominant estate
to a public highway may be the shortest
Bar Q.
May Dylan be legally required to afford to Tyler a right of
way through his property? Explain your answer.
Bar Q.
In order to justify imposition o an easement right of way
there must be real, not fictitious or artificial necessity for it.
Mere convenience of the dominant estate is not what is
required by law as the basis of setting up a compulsory
easement. The convenience of the dominant estate has
never been the gauge for the grant of compulsory
easement right of way. To be sure the true standard for the
grant of the legal right is “adequacy”. Hence when there is
already an existing adequate outlet for one reason or other
be inconvenient the need to open up other servitude is
entirely unjustified.
2017 Bar Q.
Whenever a piece of land which is required by sale,
exchange or partition is surrounded by other estates of the
vendor, exchanger or co0owner , the owner is entitled to
grant of right of way without indemnity.
Such grant of right of way is deemed a tacit condition of the
contract and essentially voluntary in character is as much as
the estate is surrounded by the estate of others through the
will of the parties. But if the owner acquired his land by way
of simple donation there is no such tacit condition because
the donor receives nothing form the donee. Therefore the
done can only demand for a right of way after payment of
the proper indemnity.
Bar Q.
It must be noted that the subject property is unregistered
agricultural land and that address claim was founded on
prescription alleging to have been in continuous possession
of the subject property for more than 50 years already. The
SC is consistent in its ruling that that only lands of public
domain subsequently classified and declared as no longer
intended for public use for the development of national
wealth or converted to patrimonial property or lands of
private ownership, may be alienated or disposed through
any of the modes of acquiring ownership. And if the mode
of acquisition is prescription, like in this case it must be first
be shown that the land had already been converted to
private ownership prior to the requisite acquisitive
prescription period, otherwise. Absent such proof that the
state declared that such property is no longer for its own
purpose or converted into patrimonial property, the land
remains to be property of public dominion hence not
susceptible to acquisition by virtue of prescription.
What is the effect in case of violation of the distances
required in making an opening or window?
- When windows or balconies are opened in
violation of the distance requirement, the same
may be ordered closed because they constitute
unlawful openings. The mere making of such
unlawful opening does not result in the running
of the 10 year period begins to run only from
the time of the formal prohibition is given to the
adjoining owner.
What is the effect if an opening was made but did not
comply with the conditions laid down above?
- If these conditions are violated, the owner of
the tenement or property adjoining the wall
may demand for its closure as it constitute an
unlawful opening or he compel the one who
made the opening to comply with the foregoing
requirements.
ACCESSION
Bar Q.
What are the buyers option or legal rights with respect to
the expense they incurred in improving the property under
the circumstances?
Can the buyers be made to immediately vacate on the
ground that the sale was not perfected.
Rosales vs Catelltort
Casteltort is a builder in good faith because at the time
Castelltort began constructing his house he believed that it
was the lot he bought and delivered to him by the villegas.
A builder in good faith is the one who builds with the belief
that the land he is building on his or that by some thereon
and is ignorant of any defect or flaw in his tile. Since both
parties acted in good faith at least until when castelltori
became aware of the error in the delivery of the supposed
property he purchased from villegas.
Bar Q.
If Pedro is a builder in good faith, what are the rights given
to Juan under the law?
If Pedro is a builder in bad faith what are the rights given to
Juan under the law?
a. since Pedro is builder in good faith, Juan has the right to
choose any of the options given to him under Article 448 of
the NCC.
b. since Pedro is builder in bad faith, Juan has the right
pursuant to Article 449 in relation to article 450 of the NCC.
Art. 449
Bar Q.
Believing that a piece of land belonged to him, Aldon
erected thereon a building using the materials belonging to
Cris, Brett the owner of the land was aware of the
construction being made by Aldon, but did not do anything
to stop it.
What are the right of Aldon, Brett and Criss with respect to
the building against each other?
A. Brett regardless of his good faith becomes the owner of
the building. However Aldon a builder in good faith will be
entitled to reimbursement of his necessary and useful
expenses with right to retain the same until fully paid. He
may also remove the construction since brett the
landowner acted in bad faith in not stopping the
construction. The owner of the materials shall have the
right to reimburse. Criss may also remove them but only if
he can do so without injury to the work.
Bar Q.
Right of the lessee who introduced improvement on leased
premises. Is the lessee a builder in good faith or bad faith?
- The lessee is not a builder in good faith,
however he is given certain rights whenever he
introduced improvement on the leased
premises as provided. In the event the
landowner appropriate his improvements, the
lessee is entitled to be aid one half of its value
otherwise he ought to remove it without
causing substantial injury to the premises.
Where a builder in bad faith, the landowner has the so
called power of confiscation and in fact the builder is not
entitled to any, reimbursement of the expenses he incurred
in constructing a builder.
DepEd vs Casibang
Even if DepEd knew fully well that the land where they will
be constructing does not belong to them but was only with
the consent of the owner, the builder can still be considered
as builder in good faith and is covered by the provisions of
NCC. Hence Casibang has 2 options, 1. To appropriate the
school building or 2. Sell the land to the DepEd if the value
of the land is not considerable more that the value of the
building. But since the first option is not feasible because
these are school buildings, Casibang has the 2 nd option left.
However if the value of the land is considerably more than
the value of the building a forced lease will be greeted and
if they cannot agree on the terms the court will fix the
terms of the lease.
Suppose the builder was to pay the value of the land, what
valuation will be the basis for the payment of the land, the
value at the time of its acquisition or its current market
value?
- It is the current market value of the land which
will be the basis for the payment of the land and
not its acquisition cost as ruled.
Bar Q.
Since the erosion of the 1 hectare portion was caused by
avulsion Aldrich retained ownership of such portion unless
he failed to remove the same after 2 years from the
attachment or incorporation in which case, Brent will
become its owner by virtue of accession.
Suppose the course of the water in the river did not change
its course but simply it dries up, to whom will the dry river
bed belong?
- If the river simply dries up and did not change
its course or without opening a new bed, it is
very clear that provisions of art. 461 will not
apply. The dry bed will continue to remain
property of public dominion. Since rivers and
their natural beds are property of public
dominion. In the absence of any provision
vesting the ownership of the dried up bed in
some other persons, it must continue to belong
to the state.
Bar Q.
Subject lot was definitely not an accretion. The process of
drying up of a river to form dry land involved the recession
of the water level from the river banks and the dried up did
not equate to accretion which was gradual and
imperceptible deposition of soil on the river banks though
the effects of the current. Hence arcadio as riparian owners,
had no legal right to claim ownership of the subject lot. Also
NCC declares that rivers and their natural bed are public
dominion of the state, it follows that the dried up portion
continue to belong to the state unless there is an express
law that provides that dried up river beds should belong to
some other person. Nor prescription will help the cause of
Arcadio because said dried portion being property of public
dominion, no matter how long they possessed the property
will not ripen into private ownership.it is well settled that
property of public dominion is outside the commerce of
man and not susceptible to private acquisition and
acquisitive prescription.
Bar. Q.
Plutarco owned land that borders on a river. After several
years the action of the water of the river caused the deposit
of soil and increases the area of the Plutarco’s property by
200 square meters.
1. if Plutarco wants to own the increased area, what will be
his legal basis for doing so? Explain your answer
2. on the other hand if the river dries may Plutarco validly
claim a right of ownership of the dried up river bed? Explain
Quieting of Title
Bar Q.
Even if Nemenio was a registered owner of the titled lots,
he cannot be considered as purchaser for value from
Amores because he did not exert effort to verify the actual
condition of the lot prior to the sale, for which he would
notice of the occupation by BAricautro. Amores title to the
lots was inferior to the rights of Baricuatro because despite
the knowledge of the previous sale to the latter he still
caused the registration of their sale. Under the law on
double sale the prior knowledge of such sale is tantamount
to registration making, subsequent registration in the
registry of deed to be tainted with bad faith. Thus he
transferred title to the lots is subject to the infirmity
suffered by his vendor. Amores when he transferred the
title to his name.
Bar Q.
To make out an action to quiet title the complaint must
state the following allegations:
1, that the plaintiff has title to real property or any interest
therein
2. defendant claims an interest therein adverse to the
palintiffs arising from the an instrument , record, claim,
encumbrance or proceeding which is apparently valid or
effective but in truth or in fact invalid, ineffective , voidable
or enforceable .
Bar Q.
The fact they have a pending application to purchase the
lots that they were actually occupying it necessarily follows
that they are not owners of the subject property , hence no
cause of action for quieting of title. In quieting of title legal
title denotes registered ownership while euitable title
means beneficial ownership. In absence of such legal or
equitable title of interest, there is no cloud to be prevented
or removed.
Bar Q.
Action to quiet tile will not prosper and other occupant will
not prosper due to lack of legal or equitable interest on the
property.
CO – OWNERSHIP
Exception:
VDA de Cabrera vs CA
Despite the absence of judicial or extrajudicial partition, the
SC ruled that there was already an implied and partial
partition of the co-owned property.
The fact that Felicidad was allowed to occupy one 3d
portion of the subject property after the sale for a long
perod of time, there has therefore been a partial partition
the 1/3 share of felicidad can be validly disposed of even
before a formal partition is undertaken by the co –owners.
NCC is very explicit that each co-owner shall have full
ownership of his part that he may even alienate, assign or
mortgage it and even substitute another person in its
enjoyment.
Case
The fact that Marcelino had been in possession of the
disputed portion since then with the knowledge of his co-
heirs even pro prior to death of the thir father, marcelo his
inheritance or share in the co-ownership was already
particularly designated or physically segregated. As far as
the portion actually occupied by Marcelino, co-ownership
did n longer exists. Elementary is the rule that there is no
co-owership where the portion owned is concretely
determined or identifiable, though not technically described
such that when the whole loy was resurveyed fro
subdivision purposes the portion actually occupied by
Marcelino should have been allocated to him as his share
and not any other portion in the subdivision.
Case
Cabrera’s specific performance case will not prosper
because there was no valid contract of sale between him
and henry. The latter cannot sell a definite portion of the
co-owned property without the consent of all co-owners.
Since their contract is non – existent it cannot be a source
of a right that can be enforced through court action.
Case
The SC reasoned out that when a co-owners of the property
executed a deed of partition and on the strength obtained a
cancelation of the title in the name of their predecessor for
which a new title was issued exclusive in his name, it has
the effect of denying or repudiating the co-ownership of the
other co-owners their respective shares. At this point the
statute of limitations started to run for the prupose of the
actions instituted b the other co-owners seeking a
declaration of the existence of co-ownership and of their
rights thereunder. Since an action for reconveyance of land
based on implied or constructive trust after 10 years it is
from the date of the issuance of such title that the effect
assertion of adverse title for purpose of the statute of
limitations is counted. Hence the issuance of the new title
to Galileo constituted an open and clear repudiation of the
trust or co-ownership and the lapse of 10 years of his
adverse possession was sufficient to vest title in him by
prescription. As the certificate of title was notice to the
whole world of his exclusive title in him by prescription.
Meritegul vs CA
Prescription can only be deemed to have commenced from
the time the latter discovered the act of defraudation.
While it is true that registration under the Torrens system is
constructive dismissal notice of title but if fraud or
misrepresentation attended in obtaining title to the
property such rule will not apply because the Torrens title
does not furnish a shield from fraud. It is upon the discovery
of the act of defraudation that prescription will commence
to run as against the other co-owners.
Between the two contracting views which will you choose?
The ruling in the Maritigue case is more in keeping with
justice and equity and should be the one followed and not
the Delima case.
These rulings apply only when the enforcing the trust is not
in possession of the property since if a person claiming to
be the owner thereof is in actual possession of the
property, the right to seek reconveyance which in effect
seeks to quiet title in the property DOES NOT PRESCRIBE.
The reason for this is that one who is in actual possession of
a piece of land claiming to be the owner thereof may ait
until his possession is disturbed or his title is attached
before taking steps to vindicate his rights the reason for this
rule being that his undisturbed possession gives him a
continuing right to seek the aid of the court of equity to
ascertain and determine the nature of the adverse claim of
a third party and its effects on his own title, which right can
be claimed only by one who is in possession.
Was the trial court action in dismissing the case proper?
The dismissal of the action for partition on the ground of
failure of implied indispensable is not sanction by the rules,
hence improper. Pursuant to Rules of court while failure to
implead indispensable parties makes the complaint
defective, but it should not be dismissed rather, the proper
remedy is to implead all of them.
There are instances however that partition of common
property may not be available hence the rule that co-owner
may demand partition of it anytime is unavailing. What are
these instances?
1. when there is an agreement among the owners to keep
the thing undivided but must not exceed 10 years, but may
be extended by a new agreement.
2. when the donor or testator prohibits partition for a
period which shall not exceed 20 years.
3. when the law prohibits partition such as when the origin
or juridical nature of co-ownership prevents partition, like
community property of spouses.
4. when partition would render the thing unserviceable for
the use which it is intended.
BQ.
Y and Z are not correct because under the law on co-
ownership, the agreement to keep the thing undivided for
more that 10 years is prescribed. Nonetheless x is bound by
their agreement to keep the thing undivided for 10 yrs
only , and the fact that it is still on the 8th yr, he is not
allowed to get out of the co-ownership by virtue of their
agreement following the principle that stipulations in the
contract is the law between the parties.
Bar Q.
Co-owners cannot demand a physical division of the thing
owned in common when to do so would render it
unserviceable for the use for which it is intended.
Legal Redemption
A written notice is indispensable in view of the terms, mere
knowledge of the sale acquired in some other manner by
the redemptor does not satisfy the statute. The written
notice was obviously exacted to remove all uncertainty as
to the sale, its terms and its validity and to quiet any doubt
that the alienation is not definitive. The statute not having
provided for any alternative, the ,method of notification
prescribed remains exclusive.
Case
The written notice should be given by the seller because
he/she is in the best position to know who are the other co-
owners that under the law must be notified. Also the notice
by the seler removes all doubts as to fact of the sale, its
perfection, and its validity the notice being a real
affirmation thereof so that the party notified need not
entertain doubt that the seller may still contest the
alienation. This assurance would not exists if the written
notice should be given by the buyer.
Will redemption by one co-owner in the exercise of his right
of legal redemption vest upon him the title over the
redeemed share?
The rule is that the redemption by one co-owner of the
property in its totality does not vest I him ownership over it
since redemption is not a mode of terminating a co-
ownership, redemption by a co-owner within the period
prescribed by law inures to the benefit of all the co-owners
will simply entitles him to collect reimbursement from the
remaining co-owners pursuant to the provisions of CC that
redemption entails a necessary expense.
Adille case
Child of first marriage titled the property with the exclusion
of the children of 2nd marriage.
Court declared that his redemption does not make him the
owner of the entire property to the exclusion of their co-
owners. The most he had the right to demand
reimbursement from the remaining co-owners. The most he
had the right to demand reimbursement from the
remaining co-owners, it being that it did not result in the
termination of co-ownership.
Same also in the Reyes case:
The redemption by one of the heirs did not in any way
terminate co-ownership but he is entitled to
reimbursement from the other heirs.
Tan vs CA
By their action and failure to exercise their right of
redemption the co-owners allowed the termination of their
co-ownership. Such that when one of the co-owner
negotiates with the bank for the repurchase of the
property, it vests title on said purchasing co-owner and may
assert exclusive ownership over the property to the
exclusion of her brothers and sisters.

Case
In view of the finality of the decision in the legal redemption
case, atty. Samson is devoid of any legal right or personality
to ask for partition of the subject property formerly owned
in common. Having assigned his undivided share to Ramos,
Atty Samson ceased to be a co-owner.
POSSESSION
Cris and Dindo are in possession of the rice land. As far as
Dindo as the one who cultivates the land, his possession is
that of a holder in the name of another. His being hired as
farm worker by Cris, he is in actual possession of the land
but his possession is derived from Cris by virtue of their
agreement. Cris therefore is the real possessor, by virtue of
sublease he had with Bert. His possession is that of a holder
but in his own name.
Where is possession deemed in good faith? In bad faith?
Possessor considered in good faith if he is not aware that
there exists in his title or mode of acquisition any flaw
which invalidates it, otherwise he is a possessor in bad faith.
How is possession acquired? How is it lost?
Possession is acquired in any of the ff ways:
1. by material occupation of a thing or the exercise of a
right
2. by subjecting the thing or right to the action of our will
3. by the proper acts and legal formalities for the
acquisition of such right
Acquisition of possession presupposes the existence of 2
essential elements
1. corpus
2. animus possidendi
What is your understanding of the doctrine of
CONSTRUCTIVE POSSESSION in the law on property.
Applies when the possession is under the title calling for the
whole. As a rule the possession and cultivation of a portion
of a tract of land under claim of ownership of all is a
constructive possession of all if the remainder is not in the
adverse possession of another. In other words the actual
possession of part of the property is deemed to extend to
the whole because possession in the eyes if the law does
not mean that a man has to have his feet in every square
meter of ground before it can be said that he is in
possession.
For this doctrine to apply the ff requisites must be present:
1. the alleged possessor must be in actual possession of a
portion or part of the property.
2. he is claiming ownership of the whole area
3. the remainder of the area must not be in the adverse
possession of another person
4. the area claimed must be reasonable
Case:
While both parties are claiming actual possession thereof.
Sps de la rosa clearly established prior possession due to
the fact that they were able to renovate the house and
constructed perimeter fence around the lot which acts of
dominion is consistent with possession. The fact that sps.
Can
Be seen during weekends and holidays is evidence of actual
and physical possession. Even if the sps were residing in
Manila. They could continue possessing the property and
will not result in loss of possession. The law does not
require one in possession of a house to reside in the house
to maintain his possession. While the subject property has
vacant portion does not mean that sps were not in
possession thereof because possession in the eyes of the
law does not mean that a man has to b have his feet on
every square meter of the ground before is deemed in
possession.
Is a sale through a public instrument tantamount to delivery
of the thing sold?
Ownership of the thing sold is transferred to the vendee
upon its actual public instrument, its execution is equivalent
to delivery of the thing subject of the contract. Nowhere in
NCC provides that execution of deed of sale is conclusive
presumption of delivery of possession. The code merely
says that the execution shall be equivalent to delivery. The
presumption can be rebutted by clear and convincing
evidence. Presumptive delivery can be negated by the
failure of the vendee to take actual possession of the land
sold.
When is a movable property considered lost?
Where it provides that the possession of the movable is not
deemed lost so long as they remain under the control of the
possessor even if though for the time being he may not
know their whereabouts.
NUISANCE
Doctrine of attractive nuisance?
Doctrine imposes liability to one who maintains on his
premises dangerous instrumentalities or appliances of a
character likely to attract children in play and who fails to
exercise ordinary care to prevent children from playing
therewith or resorting thereto, such that even if the child of
tender years is a trespasser in his premises, the owner
cannot escape liability if the former be injured thereby.
Why does owners of this kind be liable even if there is a
clear negligence in the part of the parent, guardian or
custodian of the child of tender years?
Such condition or appliance is so enticing or alluting to
children of tender years as to induce them to approach.
Such attractiveness is an implied invitation to such children.
Are the beautiful women an attractive nuisance?
No, the accused cannot validly invoke the defense of the
crime of acts of lasciviousness or rape that he was implied
with irresistible force when he touched the private parts of
the private complainant or indulged in sexual act with her
against the latter’s will.
Salao vs Santos
Closure is null and void as there was no hearing conducted
prior to the issuance of the closure order because smoked
fish factory is not a nuisance perse, only a nuisance per
accidens, its abatement need judicial recourse.
How about videoke bars? Sauna parlors can they be
ordered closed by the authorities summarily?
No. ordinance prohibiting the operation of sauna, massage
parlors, karaoke bars, night clubs is void. City of Manila
could not seek cover under the general welfare clause to
authorize the abatement of nuisances without judicial
proceedings because these are not nuisance perse.
Aquino vs Aklan
Structure is not nuisance perse but the fact that it was
constructed without the required building permit, the
municipal mayor in the exercise of police power and general
welfare clause is compelled to summarily abate even if such
structure is not nuisance perse as the same is considered as
illegal structure operating illegally.
Can a private person abate public nuisance?
Yes, more so if such public nuisance is especially injurious to
him, he may remove or destroy the thing which constitute
the nuisance without committing breach of the peace or
doing unnecessary injury. This is true only in nuisance
perse. To be valid said private person must:
1. demand be first made upon the owner/ possessor of the
property to abate the nuisance
2. demand had been rejected
3. abatement be approved by the district health officer and
executed with the assistance of police authorirties
Whether nuisance is a public or private one, a civil action
for its abatement or for injunction may be filed.
QA.
No, cruz performed an abatement of public nuisance but
did the same without following the proper legal procedure.
Cruz has no power to declare a thing as nuisance unless it is
a nuisance perse, for which a basketball ring is not such
thus not subject to summary abatement.
MODES OF ACQUIRING OWNERSHIP
What things or properties that are subject or occupation as
mode of acquiring ownership?
Following:
1. wild animals, birds, fishes which are still in their natural
state of freedom becomes the property of captor by virtue
of occupation
2. swarm bees even if there is a previous owner but failed
to pursue the swarm or if he initially pursue but later ceases
to do so within 2 consecutive days having entered a state of
another.
3. domesticated or tamed animals by which losses the habit
of returning to the premises of its possessor and the latter
failed to reclaim within 20 days.
4. hidden treasure
5. abandoned mislaid and lost property
When does ownership be acquired on intellectual
creations?
The author, composer the painter, sculptor works from the
moment their creation even before the same are published.
Who owns the letters, emails, text messages?
Owned by the person to whom they are addressed and
delivered nut they cannot be published or disseminated
without the consent of the writer or his heirs.
BQ.
In all forms of delivery it is necessary that the ct of delivery
whether actual or constructive be coupled with the
intention of delivering the thing. The act without the
intention is insufficient. The critical factor in the different
modes affecting delivery which gives legal effect to the act
is the actual intention of the vendor to deliver and its
acceptance by the vendee. Without intention there is no
tradition.
Is the sale through a public instrument tantamount to
delivery of the thing sold?
Nowhere in the NCC provides that execution of deed of sale
is conclusive presumption of delivery of possession. Code
merely says that the execution shall be equivalent to
delivery. Presumption can be rebutted by a clear and
convincing evidence. Presumption of delivery can be
negated by the failure of the vendee to take actual
possession of the thing sold.
Prescription as mode of acquiring ownership take effect?
1. for movable property 4 years for ordinary acquisitive
prescription and 8 years for extra ordinary acquisitive
prescripton.
2. immovable property 10 years for ordinary acquisitive
prescription and 30 years for extraordinary acquisitive
prescription.

Can running of prescription be interrupted?
Yes, natural and civil interruption.
Civil interruption with the service of judicial summons to
the possessor. When no action is filed there is not occasion
to issue judicial summon to the possessor.
Instances may prescription as mode of acquiring ownership
does not lie:
1. properties covered by torrens title
2. properties of public dominion
3. case of trust of the rule of trustee cannot acquire by
prescription the ownership of property entrusted to him
4. as between husband and wife even though regime of
separation of property was agreed upon in their marriage
settlement.
Is it necessary that there must be delivery of the thing
donated for donation to be effected?
No. ownership and rights are acquired and transmitted by
donation, succession and in the consequence of certain
contracts by tradition or delivery. Delivery is not necessary
for donation to be effective.
Does contribution to political campaign of a candidate
constitute donation in the legal sense?
Yes,.
When is donation deemed perfected?
From the moment the donor knows of the acceptance by
the donee.
What is the effect if the donation is accepted by the donee?
It is considered irrevocable meaning the donor can no
longer withdraw and he can be compelled to comply with
his offer or be compelled to deliver the property object of
donation. Hence the donor may not unilaterally revoke or
by the sole and arbitrary will of the donor.
What instances may the donation be revocable?
1. non-fulfillment or resolutory condition or charges
2. ingratitude
Can donations be reduced? In what instances?
1. birth, adoption or reappearance of children of the donor
2. inofficiousness
3. insufficient property is left for support of the donor and
his relatives
4. if made in fraud of creditors
BQ.
Donation of real property is a formal contract such that for
donation to be valid the same must be couched in a public
instrument which requires the intervention of notary
public.
To be able to make donation requisites:
1. capacity to contract
2. capacity to dispose property
3. not specifically prohibited to make donations
Is the registration of the deed of donation of real property
in the registry of property an indispensable requisite for its
validity?
No, registration is only necessary in order to bind 3rd parties.
WILLS AND SUCCESSION
At what point of time does an heir acquires right over the
inheritance?
Rights to the succession are transmitted only from the
moment of the death of the decedent.
Prior to the death of the decedent the interest of the
purported heir to the inheritance is merely inchoate or
merely expectancy.
Q. Piolo revoked his first will by expressly revoking it in a
subsequent will. However if the second will was again
revoked expressly, will it revive the first will?
No, first will can only be revoked by republishing it meaning
all the dispositions in the first will will be reflected in the 3 rd
will or by executing a codicil expressly mentioning the
revival of the 1st will.
Suppose the first will was impliedly revoked by the second
will, will it revive the first will if the 2 nd will will also be
revoked?
Yes
BQ.
in cases where the testator himself initiated the probate of
his own will, there has nothing else for the trial court to do
except to issue allowance of the will. It cannot issue letters
of testamentary and settle the estate of the testator simply
because the testator is still living. Authority of the court in
probate of will is limited to ascertaining the extrinsic validity
of wills.
In probate proceeding, a 3rd person sought to prevent the
distribution of the estate on the ground that certain
properties do not belong to the estate of the testator on
the ground that certain properties do not belong to the
estate of the testator but to him. Can 3rd person successfully
prevent the probate proceeding?
No, probate proceeding is not the forum for the resolution
of adverse claims of ownership purportedly belonging to
the estate of the decedent because such can be ventilated
in an independent action. In the meantime the proper
remedy is for the 3rd person to annotate his lis pendens on
the subject property.
What is the prescriptive period to institute probate
proceeding?
None
What is the legal effect if the will is allowed to probate?
Conclusive against the whole world as to its extrinsic
validity and due execution.
Does the action or defense for the declaration of the
inexistence of a contract does not prescribe, applies to
wills?
No
Is the judgement of probate court allowing the will to
probate bar the prosecution of the crime of falsification
against the petitioner-offeror?
Yes
Preterition
Preterition consists in the omission in the testator’s will of
the compulsory heir in the direct line or of any of them
either because they are not mentioned therein, or though
mentioned they are neither instituted as heirs nor expressly
disinherited.
BQ. He is not a compulsory heir of Ricky in the direct line.
Take note that an illegitimate child is prohibited from
inheriting from the estate of the legitimate parents of his
illegitimate parent. The barrier is known the IRON CURTAIN
RULE.
Effect of pretirition?
Effect of annulling entirely the institution of heirs but the
legacies and devises shall be valid in so far as they are not
innoficious.
No pretirition is there is no will, pretirition is true only on
the testate succession.
LEGITIME
Who are primary compulsory heirs?
His legitimate children and descendants to include adopted
and legitimated children.
Who are secondary heirs?
Legitimate parents and ascendants
Illegitimate parents
Adopting parents
Adopter and adoptee shall have reciprocal rights of
succession just like illegitimate filiation. Hence adopter
becomes the legal compulsory heir of the adopted child and
not the biological parents of the adoptee.
Who are concurring compulsory heirs?
Surviving spouse
Illegitimate children
When compulsory heir of the same kind survive alone
without the concurrence of other kinds of compulsory heirs,
the legitime is always one half of the hereditary estate.
BQ. Esteban and Martha had 4 childre. After the death of
esteban and Martha 3 oarcels of land were adjudicated to
Jun. after death of Jun the properties passed to his surviving
spouse Anita and so Cesar. When Amita died her share
went to her son. 10 years after Cesar dies intestate without
any issue. Peachy Anita’s sister adjudicated to herself the
properties as the only surviving heir of Anita and Cesar.
Edith and Philip would like to recover the properties from
their parents claiming that they should have been reserved
by Peachy their behalf and must now revert back to them. Is
the contention of Edith and Philip valid?
Person obliged to reserve the property should be an
ascendants of the descendant. Here Julia is not Greginia’s
ascendant rather she is Gregonia’s collateral relative within
the 3rd degree. Also Maria and other heirs cannot be
considered reservetaros as they are not relatives within the
3rd degree of Georgina in fact they are Gregoria’s forth
degree relatives being her first cousins. First counsins of the
prepositories are fourth degree relatives and are not
revetorios. The conclusion therefore is that while it may
appear tht the properties are reservable in character, Maria
and other heirs cannot benefit from reserve trocal.
If there are no descendants ascendants, illegitimate
children or a surviving spouse, the collateral relatives shall
succeed to the entire estate of the deceased in accordance
with the following articles.
Should there be neither brothers and sisters nor children of
brothers or sisters the other collateral relatives shall
succeed to the estate.
BQ. A died intestate leaving a considerable fortune. His
widow B gave birth to a son of 3 months after A’s death.
The child died two days after it was born. The widow B died
two days after her child. The inheritance left A is claimed by
the legitimate mother of B, and a legitimate brother of A.
there are no other relatives. Who do you believe is entitled
to the inheritance?
His fortune will be inherited by his widow ½ and by his son
½ by intestate succession. The son inherited because at
time of his father’s death, he was already conceived and a
conceived child is already considered born for all purposes
favorable to it. Upon the death of the son without issue, the
mother inherited by operation of law his half share. On this
half share there is a reserve troncal the requisite therefore
all being present and therefore on the widow B’s death said
one half should properly go to the legitimate brother of A
who is a relative within 3rd degree counted from the
prepositous. Said hald is indeed not part of the estate B.
Causes of disinheritance
Disinheritance can be effected only through a will wherein
the legal cause therefor shall be specified.
May disinheritance be allowed even if there is no will and
testament of the decedent?
Yes, by way of exception there are 2 instances wherein
there is a valid disinheritance even if without a will
executed hence automatic disinheritance:
1. spouse who contracted the subsequent marriage in bad
faith shall be disqualified to inherit from the innocent
spouse by testate and intestate succession.
2. the legal separation, the offending spouse shall be
disqualified from inheriting from the innocent spouse by
intestate succession. Moreover provisions in favor of the
offending spouse made in the will of the innocent spouse
shall be revoked by operation of law.
There are grounds for disinheritance which are also causes
for incapacity by reasons of unworthiness. The rule is that if
the testator had knowledge of the cause of unworthiness at
the time he made his will but nonetheless instituted the
unworthy heir, the cause shall be without effect. The same
effect will likewise be produced if the testator subsequently
learns of the existence of a cause of unworthiness but
condones it in writing.
What is the effect of subsequent reconciliation if the
disinheritance has already been made on any of the
grounds which are also causes for unworthiness?
The effect is that once the testator uses one of these causes
for unworthiness as a ground for disinheritance that will
govern thus reconciliation renders the disinheritance
ineffective.
Compulsory heir can represent said disinherited heir
because causes for disinheritance are personal only to the
latter. Hence in an case of valid disinheritance heir is
deprived of his right to legitime. The children or
descendants of the disinherited heir can take his place and
preserve the disinherited heir’s right to the legitime. But in
case of disinherited parent, he shall not have the ususfruct
or administration of the property which constitute the
legitime.
When is disinheritance invalid?
The legal effect of an invalid disinheritance is the annulment
of the institution of heirs in so far as it may prejudice the
legitime of the person disinherited but the lagacies and
devisees and other testamentary dispositions shall be valid
to such extent as will not impair said legitimes. Hence the
legitime of the disinherited heir shall simply be restored.
Same applies of the testator has made disposition of the
entire estate but if the testator did not dispose of the free
portion in his will to others and the disinherited heir is also
an intestate heir, the latter will receive not only his legitime
but also his share in the intestate succession.
Suppose the testator and the disinherited heir reconciled
after the latter as disinherited in a will, what is the legal
effect?
Offender and the offended person deprives the latter of the
roght to disinherit and renders innefectual anu
disinheritance that may have been made. Take not that
there is no required form in case of reconciliation it may be
TACIT or EXPRESS.
DEVISE/ LEGACY
May a testator gives as legacy something not owned by
him?
It depends:
1. if he knows he is not the owner, the legacy can be validly
made. This only means that the estate must acquire the
property from the true owner that it may be given to the
legatee if the owner refuses to demand unreasonable price
that just value will be given to the legatee.
2. if he does not know that he is not the owner there is
error and the legacy is void. However if the later becomes
its owner the legacy shall be valid.
BQ. The estate will be divided between her 2 legitimate
children as her compulsory heirs less the amount of 1M
bequeathed to the priest who solemnized her wedding,
assuming that the priest is still alive, if the priest predecease
her the whole estate will be divided between Sontino and
Sara only.
While there exists a ground to disinherit Santino of his
attempt to kill her mother such will not be considered as it
was not expressly sated in the will.
A legacy or desire is revoked by operation of law in the ff
instances:
1. if the testator transform the thing bequeathed in such
manner that it does not retain either the form or
denomination it had.
2. if the testator by any ir fir any cause alienates the thing
bequeathed if after the alienation the thing should again
belong to the testator , even if it be by reason of nullity of
the contract, the legacy or devise shall not thereafter be
valid, unless reacquisition shall have been effected by virtue
of the exercise of the right of purchase.
3. if the thing bequeathed is totally lost during the lifetime
of the testator or after his death without the heir’s fault.
What is ademption?
Process of making effective inter vivos a disposition mortis
causa.
INTESTATE SUCCESSION
When legal succession does takes place?
Ff:
1. when a person dies without a will or when the will is void
or when the will has subsequently lost its efficacy.
2. when the will does not institute an heir or when the will
does not dispose of all the property belonging to the
testator in which case legal succession shall take place only
with respect to the property of which the testator has not
disposed.
3. when the suspensive condition attached to the institution
of heir does not happen or is not fulfilled or when the heir
repudiates the inheritance and there being no substitution
and no right of accretion takes place.
4. when the heir dies before the testator, or when the heir
instituted incapable of succeeding and there being no
substitution and no right of accretion or representation
takes place.
Other causes of intestacy:
1. when there is preterition the testator’s will of one, some
or all of the compulsory heirs in the direct line
2. when a testamentary disposition is subject to a
resolutory condition and such condition is fulfilled.
3. when a testamentary disposition is subject to a term or
period and such term or period expires.
4. when a testamentary disposition is impossible or
compliance or is ineffective.
BQ. The decedent’s freedom to dispose of his estate is
always respected. Hence testate succession has always
been preferred over intestacy. A testator’s will is treated
and interpreted in a way that would render all of its
provisions operative.
Rule of preference between lines
Those in the direct descending line shall exclude in the
succession those in the direct ascending line and collateral
lines and those in the direct ascending line shall in turn
exclude those in the collateral lines.
Who are the legal heirs in the direct descending line?
Legal heirs n the direct descending line include the
legitimate children and their descendants as well as
adopted children. Surviving spouse and the illegitimate
children of the deceased concur with the legitimate children
and descendants.
Suppose there is no legitimate or adopted children or
descedants, who will succeed?
In default of the legitimate or adopted children and
descedants, legitimate parets and ascendants of the
deceased shall inherit from him, to the exclusion of the
collateral relatives of the deceased of course the surviving
souse and illegitimate children of the deceased concur with
the legitimate parents and ascendants.
Suppose there is no legitimate descendants and ascendants,
illegitimate children and their descendants whether
legitimate or illegitimate who will inherit?
The surviving spouse that will inherit the entire estate,
however if there are brothers and sisters and their children
they shall concur with the surviving spouse.
Who will inherit if there are no legitimate descendants and
ascendants , illegitimate children or a surviving spouse?
The collateral relatives of the deceased within the 5 th
degree of relationship shall succeed to the entire estate.
Suppose there are no other heirs that survived the decease
who will succeed?
The State
The relatives in the nearest degree excludes the more
distant ones except when the right of representation
properly takes place. This is the rule of proximity in the
intestate succession.
What is the rule in case of incapacity to succeed?
The share which is rendered vacant shall pass to the co-
heirs if the right to representation does not obtain.
BQ. Rule in case of repudiation
If not all heirs within the same degree repudiate but only
some of them the shares of those who did not accept shall
accrue to the co-heirs within the same degree. This is what
we call accretion. But if all the heirs within the same degree
repudiate their inheritance, those of the next degree shall
inherit in their own right.
Does representation occur in the collateral line?
Yes, the right of representation takes place only in favor of
the children of brothers or sisters whether they be of the
full or half-blood but only cases where the said nephews
and nieces survive with their uncles and aunts. If the said
nephews and nieces alone survive they shall inherit in their
own right.
Does illegitimate children has right of representation?
Yes in testate succession, illegitimate descendants are
allowed to represent the illegitimate child who predeceases
his own parents but only with respect to the legitime of
such illegitimate child.

IRON CURTAIN RULE

Prohibits succession ab intestado between the illegitimate
child and the legitimate children and relatives of the father
or mother.

How about adopted children are they entitled to represent?

If the adopting parent should die before the adopted child
the latter cannot represent the former in the inheritance
form the parents or ascendants or adopter.