Title II

OWNERSHIP

Chapter 2
RIGHT OF ACCESSION
(Arts. 440-475)

GENERAL PROVISIONS

Article 440

 Accession defined

- The right of a property owner to everything which is:

a. Produced thereby (accession discreta)

b. Which is incorporated or attached thereto, either naturally or
artificially (accession continua or accession non-interrumpida)

- natural accession (accession natural)

- artificial accession (accession artificial or
industrial)

 Classification of Accession

a. Accession Discreta (At. 441)

1. Natural fruits
2. Industrial fruits
3. Civil fruits

b. Accession Continua

1. With reference to real property

i. Accession industrial

 Building
 Planting
 Sowing

ii. Accession natural

 Alluvium
 Avulsion
 Change of course of rivers

1
  Formation of islands

2. With respect to personal property

i. Adjunction or conjunction

 Inclusion (engraftment)
 Soldadura (attachment)
 Tejido (weaving)
 Pintura (painting)
 Excritura (writing)

ii. Mixture

 Confusion (liquids)
 Commixtion (solids)

iii. Specification

SECTION 1
RIGHT OF ACCESSION
WITH RESPECT TO WHAT IS PRODUCED
BY PROPERTY
(ACCESSION DISCRETA)

Article 441

 Accession Discreta (Right to the Fruits)

- As the right to the ownership of fruits produced by the property

- Natural fruits, industrial fruits and civil fruits

Article 442

 Natural Fruits

- Spontaneous products of the soli, and the young and other

products of animals

- Kinds of natural fruits

 Spontaneous products of soil

 Young and other products of animal

2
  Industrial Fruits

- Those produced by lands of any kind through cultivation or labor

 Civil Fruits

- Rents of buildings, the price of leases of lands and other property

and the amount of perpetual or life annuities or other similar
income.

 BAR QUESTION:

- To whom does the offspring of animals belong when the male and
female belong to different owners?-

- Answer:

 Pratus Sequitor Ventrem (the offspring follows the

mother)

 Rented Properties

- Depends on whether or not the contract is onerous or not

- If onerous, the lessee; if not, the lessor

Article 443

 Duty of the Recipient of fruits to Reimburse Necessary expenses

- Made by a third person in production, gathering and preservation

 Article 449
o He who builds, plants, or sows in bad faith on the land of
another, loses what is built , planted or sown without right
to indemnity.

Art. 443 Art. 449

Applied when the crops Applies on when the crops
have already been gathered have not yet been gathered

 Does not apply when the planter is in good faith, because, in this case, he
is entitled to the fruits already received, hence, there is no necessity of
reimbursing him (Art. 544)

 Expenses

3
 o Used for production, gathering or preservation,
 not improvement of property

o must be necessary
 not luxurious or excessive

- what if the expenses exceed the value of the fruits, must he be

reimbursed?

 Law makes no distinction or exception

 Same thing would have happened had the owner
been also the planter
 He who gets expected advantages must be prepared
to shoulder losses

Article 444

 Natural or Industrial Fruits

- Manifest or born

 Animals

- Sufficient that they are in the womb of the mother

SECTION 2
RIGHT OF ACCESSION
WITH RESPECT TO IMMOVABLE PROPERTY

Article 445

 Accession Industrial (Building, Planting, Sowing)

- Applies only when the owner is known

- Basic principles of Accession Industrial

a. Accession cedit principali (accessory follows the principal)

b. Substantial injury would result if separated
c. He who is in good faith may be held responsible but not
penalized
d. Who is in bad faith may be penalized
e. No one should enrich himself unjustly at the expense of
another

4
 f. Bad faith of one party neutralizes the bad faith of the other
so both should be considered in good faith.

Article 446

 Presumptions

a. Works, sowing and planting were made by the owner.

b. They were at the owner’s expense.

Article 447

 Landowner Constructs or Plants on His Land with the Materials of

Another

- Rights and Obligations:

a. The owner of the land who uses the materials of another

b. The owner of the materials

 Rights and Obligation of the Owner of the Land who uses the
Material of Another

a. Landowner acted in good faith

 He becomes the owner of the materials but he must

pay their value

 Exception:

 When they can be removed without

destruction to the work made or to the
plants, where the owner of the material can
remove them

b. Landowner acted in bad faith

 He becomes the owner of the materials but he must

pay
o Their value
o Damages

 Exception:

5
  When the owner of the materials decides to
remove them whether or not destruction
would be caused PLUS Damages

 Rights and Obligations of the Owner of the Materials

a. Landowner acted in good faith

 The owner of the materials is entitled to

reimbursement
o Provided he does not remove them

 He may removed them when no substantial injury is

caused

b. Landowner acted in bad faith

 The owner of the materials is entitled to the

ABSOLUTE right of removal PLUS Damages
(whether substantial injury may be caused)

 He is entitled to reimbursement and damages ( if he

would not remove)

 Meaning of GOOD FAITH and BAD FAITH

- Art. 453 and 526

- Knowledge of ownership of the materials

 Rule When Landowner is in Good Faith but Owner of the Materials is

in Bad Faith

- No provision of the law on this point

- Seems that the landowner would not only be exempted from
reimbursement, but he would also be entitled to consequential
damages
- Owner of the material losses all rights, such as removal

Article 448

 Owner of the Land on which anything has been built, sown or

planted in GOOD FAITH

6
 o Right to appropriate as his own the works, sowing, or
planting,

 After payment of indemnity provided for in

Arts. 546 and 548

 Art. 546
o Necessary expenses
o Useful expenses

 Art. 548
o Luxurious expenses (if he desires to
appropriate them for himself)

o Right to oblige the one who built or planted to pay the price
of the land and the one who sowed, the proper RENT

o Right to oblige the builder or planter to buy the land if the

value of the land is considerably less than that of the
building and trees

 Conversely, cannot be obliged if the land is

considerably more than that of the building
and trees

o In such case, he shall pay reasonable

rent, if the owner of the land does not
choose to appropriate the building or
trees AFTER PROPER IMDEMNITY

- Since the choice given to landowner is confined to either

 Appropriation after indemnity
 Compulsory selling of the land

o NO RIGHT OF REMOVAL OR DEMOLITION

 Unless after having selected a compulsory sale, the
builder fails to pay for the land (Ignacio vs. Hilario,
76 Phil. 605)

 ART. 448 applies only when the builder, planter or sower believes he
has the right to so build, plant or sow because he thinks he owns the
land or believes himself to have a claim of title

 Art. 448 does not apply:

7
 o When the builder, planter or sower does not claim
ownership over the land, but possesses it as a mere
holder, agent, usufructuary or tenant

 Neither in good faith or bad faith

 Rights governed by Art. 1678

 Exception:
 When the tenant whose lease is about to
expire, nevertheless still sows, not knowing
that the crops will no longer belong to him,
Art. 448 applied

o When the builder, planter or sower is not a stranger but a

co-owner, even if later on, during the partition, the portion
of the land used is awarded to another co-owner

 His own land and not another

o When a person constructs a building on his own land, and

then sells the land but not the building to another, there can
be no question of good faith or bad faith on the part of the
builder

o When the builder is a belligerent occupant

Article 449

 Builds, plant or sows in BAD FAITH on the land of another

o Loses what is built, planted or sown

o Without right of indemnity

- Applies only to growing or standing crops BUT NOT to gathered

crops (art. 443)

Article 450

 Owner of the land on which anything has been built, planted or sown
in bad faith

o May demand the demolition of the work or that the

planting or sowing be removed

 In order to replace things in their former condition

 At the expense of the person who built, planted, or
sowed

8
 o May compel the builder or planter to pay the price of the
land and the sower the proper rent

Article 451

 Art. 449 and Art. 450. Landowner is entitled for DAMAGES from the
builder, planter or sower

-Example :

o If B builds in bad faith a house on O’s land (O being in good

faith), what are the three alternative rights of O?

a. Get the house without paying any indemnity for its

value or expenses (Art. 449) PLUS Damages (Art.
451)
o O has the obligation to pay B for the
necessary expenses for the
preservation not of the house but the
land (Art. 453)

b. Demand the demolition of the house, at the builder’s

expense (Art. 450) PLUS Damages (Art. 451)

c. Compel the builder to buy the land whether or not

the value of the land is considerably more than the
value of the house (Art. 450) PLUS Damages (Art.
451)

Article 452

 Builder, planter or sower in bad faith

o Entitled to REIMBURSEMENT for the NECESSARY

EXPENSES of PRESERVATION OF THE LAND

- Necessary expenses and useful expenses on the BUILDING not

covered

Article 453

 BAD FAITH on the Part of Both Parties

9
 o Right of one and the other shall be the same as though both
had acted in good faith

- BAD faith of Land Owner

 Whenever the act was done with his knowledge and
without opposition on his part

- BAD Faith of the Builder, planter or sower

 Building, planting or sowing made knowingly by one
on land not belonging to him and without authority

Article 454

 Landowner in Bad Faith while Builder, Planter or Sower is Good

Faith

o Apply Art. 447

 Landowner acted in bad faith

 He becomes the owner of the materials but

he must pay
 Their value
 Damages

o Exception:

 When the owner of the

materials decides to remove
them, whether or not
destruction would be caused
PLUS Damages

 The owner of the materials is entitled to the

ABSOLUTE right of removal PLUS Damages
(whether substantial injury may be caused)

 He is entitled to reimbursement and damages

( if he would not remove)

Article 455

 If the materials, plants or seeds belong to 3rd person who has not
acted in BAD FAITH

10
 o The OWNER OF THE LAND

 shall answer subsidiarily for their value

 and only in the event that the one who made use of
them had no property with which to pay

- does not apply if the Owner makes use of the right granted
under Art. 450

- if the owner of the materials, plants or seeds has been paid by

the builder, planter or sower

 the latter may demand from the landowner the

value of the materials and labor

 Parties involved:

a. Landowner
b. Builder
c. Owner of the materials

 RIGHTS of the Owner of the Materials

a. If in BAD FAITH

o Loses all rights to b indemnified

o Can even be liable for consequential damages (inferior
quality)

b. If acted in GOOD FAITH

o Entitled to reimbursement from the builder principally

o In case of insolvency of the latter, holds the landowner

subsidiarily liable, IF he makes use of the materials (by
appropriating the construction to himself)

 If the landowner compels the builder to

purchased the land or to demolish the
construction, the landowner does not make
use of the materials, cannot be subsidiarily
liable.

Article 456

 Good faith does not necessarily exclude negligence

11
 - Gives right to damages under Art. 2176
- Negligence, there is no intent to do wrong

Article 457

 Accession Natural

a. Alluvium (Art. 457)

b. Avulsion (Art. 459)
c. Change of Course of rivers (Arts. 461 – 462)
d. Formation of islands (Arts. 464 – 465)

 Alluvium (Alluvio) Defined

o Soil deposited or added to the lands adjoining the banks of

rivers
o Gradually received
o As an effect of the current of the waters

- Accretion is owned by the owner of the estate fronting the river

bank (riparian owner)

Accretion Alluvium

Process whereby the soil is The soil deposited on the estate

deposited fronting the river bank; the
owner of such estate is the
riparian owner

Broader term Applies only to the soil

deposited on river banks

 Requisites of Alluvium

a. The deposit should be gradual and imperceptible

b. Cause is the current of the river

 (not due to works expressly designed for the
purpose)

c. Current must be that of a river

 If lakes (Spanish Law of waters apply), owner of the
land

12
  If sea, owns by the State

d. The river must continue to exist

 If the river disappears, art. 461 applies

e. The increase must be comparatively little, and not such as

would increase the area of the riparian land by over 150%

 Accession is automatic
 Equitable or beneficial title is needed

 Why Given to Riparian Owner

a. To compensate him for the loss he may suffer due to

erosion

b. Compensate him because his property is subject to

encumbrance and legal easements

c. The interests of agriculture requires that the soil be given

to the person who is best in the position to cultivate the
same

d. Identification of previous owner is impossible, logically

given to the best who can utilize it

Article 458

 Lands adjoining Ponds and Lagoons

- Does not acquire the land left dry by natural decrease of the
waters

- Does not lose that inundated by them by extraordinary floods

 When applicable
o When the estate adjoins a pond or a lagoon

 Not applicable
o When the estate adjoins a lake, a water, a creek or other
streams

13
 o In such case, the land left uncovered reverts to the
adjoining estate which owned it at the very beginning

 Definitions

a. Pond
 a body of stagnant water without an outlet, larger
than a puddle and smaller than a lake, or like body of
water with small outlet

b. Lagoon
 A small lake, ordinarily of fresh water, and not very
deep, fed by floods, the hollow bed which is bounded
by the elevations of the land

c. Lake
 A body of water formed in depressions of the earth,
ordinarily fresh water, coming from rivers, brooks,
or springs and connected with the sea by them

Article 459

 Avulsion

- The process whereby the current of a river, creek, or torrent

segregates from an estate on its bank a KNOWN PORTION of land
and transfers it to another estate

- The removal of a considerable quantity of earth upon or

annexation to the land of another, suddenly, and by the
perceptible action of the water

- “Force of river”, avulsion implies a violent tearing or breaking

away

 Prescriptive period

o The original owner must remove the same within 2 years

14
  Definitions

a. River
 A natural stream of water, or greater volume than a
creek or rivulet flowing, in a more or less permanent
bed or channel, between defined banks or walls,
with current which may either be continuous in one
direction or affected by the ebb and flow of the tide

b. Creek
 A small stream less than a river
 A recess or inlet in the shore of a river and not a
separate or independent stream

c. Torrent
 A violet, rushing or turbulent stream

ALLUVIUM AVULSION

The deposit of the soil is gradual Sudden or abrupt process may be

seen

Soil cannot be identified Identifiable or verifiable

Belongs to owner of property to Belongs to the owner from whose

which it is attached property it was detached

o Presumption of alluvium or erosion (Hodges vs. Garcia)

 Queries:

a. Suppose the detached portion is placed on top and not merely

alongside or adjacent to another’s land, will this article apply?

 Depends: identification

b. Suppose the detached portion is not attached to another’s land but

simply in the middle of the river, what rule applies?

 Art. 463, ownership retains by the original owner

Article 460

 Rules on Uprooted Trees

- Belong to the owner of the land upon which they may cast
- IF THE OWNERs do not claim them within 6 months

15
  If owners claim, they pay the expenses incurred in
the gathering and putting them in safe place

 Application of Articles

o Only to uprooted trees

 If the trees still remain attached to the land that has

been carried away…. Art. 459 applies (AVULSION)

Article 461

 CHANGE OF COURSE OF RIVERS

- River beds which are abandoned through NATURAL CHANGE in

the course of the waters

 Ipso facto belong to the owners hose land are

occupied by the new course
 In proportion to the area lost

- Owners of the lands adjoining the old bed

 Have the right o acquire by paying the value thereof

 Value should not exceed the value of the area
occupied by the new bed

 Requisites for Art. 461

a. The change must be SUDDEN in order that the old river bed may
be identified (otherwise apply Art. 457)

b. The changing of the course must be more or less permanent, and

not temporary overflooding of another’s land

c. The change of the river bed must be a NATURAL ONE, caused by

natural forces

d. There must be a DEFINITE ABANDONMENT by the government.

e. The river must CONTINUE TO EXIST, that is, it must not

completely dry up or disappear

 If it disappear or had completely dried up

16
 o New Code: it would seem that it
should belong to public dominion,
since no private lands are injured and
since as a rule under Art. 502, a river
bed belongs to public dominion

Article 462

 Rule is the new River is on Private Estate

- Even the new bed is on private property the bed becomes

property of public dominion, just as the old bed had been of public
dominion before the abandonment

Article 463

 River Divides itself into Branches

- Leaving a piece of land or part thereof isolated

- Portion of land is separated from the estate by the current

 Owner of the land retains ownership

Article 463 Article 464 and 465

Formation of island by the Formation of island by

branching off of a river successive accumulation of
alluvial deposits

Owner retains ownership since Accession is present, and

there is no accession ownership belongs to the state

Article 464

 Islands formed on the seas, lakes and navigable rivers

- Belongs to the STATE

Article 465

 Ownership of Island

17
 - Island is formed through successive accumulation of alluvial
deposits

a. If formed on the SEA

 Within the territorial waters or maritime zone or

jurisdiction of the Philippines
o Patrimonial property of the STATE

 Outside the territorial jurisdiction

o Owned by the first country to
effectively occupy the same

b. If formed on lakes, navigable rivers

o Patrimonial property of the STATE

c. If formed on non-navigable river or non-floatable rivers

 If nearer in margin to one bank

o Owner of the margin is SOLE OWNER

 If Equidistant
o The island shall be divided
longitudinally in halves, each bank
getting half

 Definitions

a. Navigable or Floatable river

 If useful for floatage and commerce, whether
the tides affect the water or not; should
benefit trade and commerce

b. Non-navigable
 Opposite of (a)
 State must declare the river as navigable, if
not it is non-navigable

SECTION 3
RIGHT OF ACCESSION
WITH RESPECT TO MOVABLE PROPERTY

a. Adjunction (Art. 466)

b. Mixture (Art. 472 and 473)
c. Specification (Art. 474)

18
Article 466

- Whenever two movable things belonging to different owners

- Without bad faith
- United in such a way that they form a single object

 The owner of the principal thing acquires the

accessory
 Indemnifying the former owner thereof for its
value

 Adjunction

- It is the process by virtue of which two movable things belonging

to different owners are untied in such a way that the form a single
object

- CONJUNCTION

Example:

The car of X is painted with the paint owned by Y.

- Kinds of adjunction:

a. Inclusion (sapphire set on a ring)

b. Soldering
c. Excritura (writing)
d. Pintura (painting)
e. Weaving

Article 467

 Principal

- As between two things incorporated, is deemed to be that which

the other has been united as an ornament or for its use of
perfection

 Accessory

- That which is united as an ornament or used for the perfection of

the principal object

Article 468

19
  Test to Determine which is Principal and which is the Accessory

- In the order of preference

 To that which the other has been united as an

ornament or for its use, or perfection
 That of the greater value
 Greater volume
 Finally which has greater merits

- In Painting and sculpture, writing, printed matter, engraving and

lithographs

 The board, metal, stone, canvas, paper or parchment

deemed accessory

Article 469

 Whenever the things united can be separated without injury

- Respective owners may demand their separation

 In case the thing united for the use, embellishment or perfection of the
other, is much more precious that the principal thing

- The owner of the thing used

 May demand its separation
 Even though the thing to which it has been
incorporated may suffer some injury

20