PROPERTY LAW SYLLABUS

First Semester, AY 2022- 2023

A y. Ma. Michelle P. Tibon-Judan, REA, REB, MSFin, CPA

I. COURSE IDENTIFICATION

A. Course Code: JDPROP2

B. Course Title: Property
C. Course Credit: 4 units
D. Course Classification: Bar subject
E. Course Prerequisite: None

II. COURSE DESCRIPTION:

A study of the Philippine law and jurisprudence on Property particularly Books II

and II of the New Civil Code (Articles 414 to 773). It includes the study of the
concept and kinds of Property, Ownership and the rights included in Ownership,
Possession, Usufruct, Easements, and some of the modes of acquiring owner-
ship particularly Occupation, Tradition, Prescription and Donation.

III. COURSE OBJECTIVES:

The course aims to develop the graduate attributes and accomplish the out-
comes stated below.

IV. GRADUATE ATTRIBUTES:

The intended learning outcomes are consistent with the aim of UA&P to
produce graduates with the following attributes:

1. Liberally Educated;
2. Professionally Competent in the field of Law
3. With strong moral-ethical values and positive work attributes;
4. Service and common good oriented; and,
5. Responsible citizen (in the organization and community).
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 V. INTENDED LEARNING OUTCOMES.

In general, the learning outcomes and objects in relation to the subjects embod-
ied in this course include:
1. Knowledge/Remembering: define, list, recognize
2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize and synthesize
7. More particularly, the intention is to be able to accomplish the following
Learning Outcomes (LOs):

A. The students who will complete the course will have an understanding of: (a)
Philippine law and jurisprudence on Property; (b) the broader context under
which the issues involving the law arise; (c) the philosophical bases of the rules
and how the principles of justice and equity are served; and (d) the boundaries
of the law and doctrines.
B. The course will also help develop the students’ legal and logical reasoning and ana-
lytical thinking and sound judgment. The students will learn how to apply the law,
rules and doctrines to actual cases and hypothetical cases.
C. The course will contribute to the development of the students’ research skills
through their research and analysis of assigned cases and materials,. The students
should be able to uutilize legal research tools to gather information that aids in the
analysis of legal issues in the preparation of written reports and papers.
D. With respect to the cases, students will be able to identify the rule of law or doctri-
nal precepts and determine their application to the facts, exploring the extent or
limit of or exceptions to its application and synthesizing the rule or doctrine into an
integrated or coherent framework.
E. The will also be able to explain how law is created and enforced by executive, leg-
islative, and regulatory bodies during class recitation and discussion.
F. The students will also be able to analyze the practical and policy implications of cur-
rent and proposed statutes, regulations, judicial rulings, legal arguments, and
strategies in actual cases.
G. To develop the skill to assess clients’ legal problems by crafting responsive legal ar-
guments and strategies.
H. The course aims to contribute to the improvement of the students’ ability to effec-
tively communicate both verbally and in writing. Hence, the course aims to develop
the student’s ability to communicate to clients, lawyers, and the courts.
I. The course also aims to help provide the necessary foundation for the development
of the students’ skills that are necessary for ethical practice of law.
J. The course aims to contribute to the development of the students’ self-manage-
ment, including their independence and the ability to conduct self-assessment.

Although specific learning outcomes are specified in the different parts of this Course
Outline, these specific outcomes are not exclusive and the proposed learning out-
comes specified herein (Nos. 1 to 6) embedded in and are deemed included in each of
these parts.
 VI. COURSE COVERAGE: Topics, List of Cases, Date/Period to be taken up

TOPICS AND REQUIRED MATERIALS TIME

1. GENERAL CONCEPTS. (Art. 414, NCC). *(Prop 2021 pp.

Week 1
1-7; RCL 2018, pp. 147 to 151)
August
Descrip on: A study of the concept of property in Philippine law.
9-11, 2022
- Statutory
a. Nature of Property. Provision
and Cases
1. Divinagracia v. Consolidated
Nos. 1 to 4.
Broadcasting System, Inc., G.R. No. 162272, April 7,
2009 – Are airwaves considered property?

2. Laurel v. Abrogar, G.R. No. 155076, January 13,

2009, 576 SCRA 41 and February 27, 2006 – Service
v. Property

b. Human Body as Property

3. Valino v. Adriano, G.R. No. 182894, April 22, 2014.

c. Animal as Property

4. Resident Marine Mammals of the Protected

Seascape Tanon Strait, et. al.
v. Secretary Angelo Reyes, et. al., G.R. No.
180771, April 21, 2015

1.01. Real Rights and Kinds of Real Rights.

1.02. Property as Object of Rights.

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 TOPICS AND REQUIRED MATERIALS TIME

2. CLASSIFICATION OF PROPERTY
Descrip on: A study of the different classi cations of property under Week 2
the New Civil Code and the effects and rules that ow from these clas- (August 16 to
si cations. 18, 2022) -
2.1. Immovable and Movable Property (Articles 415 to Statutory Pro-
417, NCC). visions
2.1.1. Immovables. (Art 415, NCC)

1. Villasi v. Garcia, G.R. No. 190106, January 15, 2014. and Cases
2. Midway Marine and Technological Foundation v. Castro, G.R. No. Nos. 1 to 11.
189061, August 6, 2014
3. Mindanao Bus Co. vs. The City Assessor, G.R. No. L-17870, Sep-
tember 29, 1962, 6 SCRA 296.
4. Star Two (SPV-AMC), Inc. v. Paper City Corporation of the Philip-
pines, G.R. No. 169211, March 6, 2013.
5. Capitol Wireless, Inc. v. The Provincial Treasurer of Batangas, G.R.
No. 180110, May 30, 2016
6. FELS Energy, Inc. v. The Province of Batangas, G.R. No. 168557, Feb-
ruary 16, 2007

2.1.2. Movable Proper es (Arts. 416 to 418 & 426, NCC).

7. Laurel v. Abrogar, G.R. No. 155076, January 13, 2009
8. Philippine National Bank v. Aznar, G.R. No.171805, May 30, 2011
9. Carangdang v. Heirs of Quirino A. De Guzman, G.R. No. 160347, No-
vember 29, 2006
10. Philippine Long Distance Telephone Company v. Alvarez, G. R.
No. 179408, March 5, 2014
11. Provincial Assessor of Agusan del Sur v. Filipinas Palm Oil Planta-
tion, Inc., G. R. No.183416, October 5, 2016
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 2.3. Regalian Doctrine and Property in Rela on to the Person Week 3 (Aug.
Whom It Belongs (Arts. 419 to 425, NCC) 23 to 25,
2022)
12. Renato Diaz, et. al. v. The Secretary of Finance, G.R. No. 193007, – Statutory
July 19, 2011. Provisions
and Cases
13. City of Pasig v. Republic, G.R. No.185023, August 24, 2011.

14. Dream Village Neighborhood Association, Inc. v. Bases Conversion

Development Authority, G.R. No. 192896, July 24, 2013.

15. Republic v. Heirs of Spouses Tomasa Estacio and Eulalio v. Ocol,

G.R. No. 208350, November 14, 2016.

16. Heirs of Zosimo Q. Maravilla v. Tupas, G.R. No. 192132, September

14, 2016

2.4. Proper es that pertain to local government units.

17. The Province of Zamboanga Del Norte v. The City of Zamboanga,

G.R. No. L-24440, March 28, 1968

18. Province of Camarines Sur v. Hon. Court of Appeals, G.R. No.

175064, September 18, 2009

19. Private Management Of ce et. al. v CTA, G.R. No. 211839, March
18, 2019

20. Gatchalian v Flores, G.R. No 225176, Jan 19, 2018

3. OWNERSHIP. (Art. 427 to 439, NCC). Week 4 (Aug.

Descrip on: A study of the concept of ownership, the limitations on the 30 to Sept 1,
rights of the owner, rights included in ownership. 2022)

3.1. General Concepts – Statutory

Provisions
3.2. Limitations on the Rights of Owners and Cases

3.3. Rights Included in Ownership

1. Caisip vs. People, G.R. No. L-28716, November 18, 1970

2. United Coconut Planters Bank v. Basco, G.R. No. 142668. August
31, 2004
3. National Power Corporation v. Ibrahim, G.R. No. 168732, June 29,
2007.
4. Republic of the Philippines v. Rural Bank of Cabacan, Inc., G. R.
No. 185124, January 25, 2012
5. Republic of the Philippines v. Court of Appeals, G.R. No. L-43938,
April 15, 1988, 160 SCRA 228.
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 6. Custodio vs. Court of Appeals, G.R. No. 116100, February
9, 1996, 253 SCRA 482
7. Aneco Realty and Development Corp. v. Landex Develop-
ment Corp., G.R. No. 165952, July 28, 2008
8. Spouses De Dios v Ranola, G.R. No 171344, March 6,
2019
4. RIGHT OF ACCESSION (Art. 440 to 475, NCC).

Weeks 5 and
Descrip on: A study of right of accession as an attribute of own- 6 (September
ership as well as the kinds of accession. This also involves the 6 to 15,
rules on who shall be entitled to the accession and accessories as 2022) –
well as the corresponding responsibilities of the parties. Statutory
provisions and
Cases 1-16 ).
A. With Respect To What Is Produced by Property

B. With Respect to Immovable Property

C. With Respect to Movable Property

Cases
1. Bachrach Motors vs. Talisay Silay, G.R. No. 35223,
September 17, 1931
2. Land Bank of the Philippines v. Perez, G.R. No.
166884, June 13, 2012
3. Department of Education v. Tuliao, G.R. No. 205664,
June 9, 2014
4. Communities Cagayan, Inc. v. Spouse
Nanol, G.R. No. 176791, November 14, 2012
5. Padilla, Jr. v. Malicsi, G.R. No. 201354, September 21,
2016.
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 6. Department of Educa on v. Casibang, 782 SCRA 326 (2016)
7. National Housing Authority v. Baello, G.R. No. 200858, Au-
gust 7, 2013
8. Mirallosa v. Carmel Development, Inc., G.R. No. 194538, No-
vember 27, 2013
9. PLDT v. Citi Appliance, G. R. No. 214546, October 9, 2019
10. Aquino v. Aguilar, G.R. No. 182754, June 29, 2015
11. Housing Authority v. Manila Seedling Bank Foundation, Inc.,
G.R. No. 183543, June 20, 2016.
12. Fernando, Jr. v. Acuna, G.R. No. 161030, September 14, 2011
13. O ce of the City Mayor of Paranaque v. Ebio, G.R. No.
178411, June 23, 2010
14. Republic of the Philippines v. Santos III, G.R. No. 160453,
November 12, 2012
15. Dalicson v. Baytion, G.R. No. 219811, April 6, 2016
16. Leviste Management System v Legaspi Towers, G.R. No
1999353, April 4, 2018.

5. QUIETING OF TITLE (Arts. 476 to 481, NCC)

Week 7
Descrip on: A study of the remedy that is available to an owner (September
who wants to remove the cloud on his title. 20 to 22,
2022) –
1. Spouses Divinagracia et. al. v. Cometa et. al., G.R. No. Statutory
159660, February 20, 2006 provisions
2. Top Management Programs Corp. v Luis Fajardo and
and Cases
Register of Deeds of Las Pinas City, G.R. No. 150462,
June 15, 2011
Nos. 1 to 3.
3. Iglesia ni Cristo v. Ponferrada and Heirs of Enrique G.
Santos, G.R. No. 168943, October 27, 2006

6. RUINOUS BUILDINGS AND TREES IN DANGER OF

FALLING (Arts. 482 to 483, NCC). Weeks 8 to 9
Descrip on: A study of the rules on ruinous buildings and trees.
(September
27 to Oct 6,
7. CO-OWNERSHIP (Arts. 484 to 501, NCC).
2022)
Descrip on: A study of the concept and rules on co- ownership.
Statutory
These include the rights and obligations of the co-owners as well
provisions
grounds for creation and termination of co-ownership.
and Cases
7.1. Concept. Nos. 1 to 6

1. LBP v Navarro, G.R. 196264, June 26, 2019

7.2. Rights and Obligations of Co-owners

2. Pardell vs. Bartolome, G.R. No. 4656, November 18,
1912, 23 Phil 450
3. Arambulo v. Nolasco, G.R. No. 189420, March 26, 2014
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 4. Extraordinary Development Corp. v. Samson-Bico, G.R. No. 191090,
October 13, 2014

5. Tabasondra v. Spouses Conrado Constantino and Tarsila Tabasondra-

Constantino, G.R. No. 196403, December 7, 2016.

6. Jarque v Jarque-Lagsit et al. G.R. No. 196733, November 21, 2018

MID-TERM ASSESSMENT

8. SPECIAL PROPERTIES. (Art. 502 to 522)

9. POSSESSION (Arts. 523 to 561, NCC). Weeks 11

Description: A study of the concept, kinds and effects to 12 (Oc-
of possession that is independent of ownership. This tober 11
includes the effect of good faith and bad faith on owner- to 20,
ship as well as the effects thereof to other areas of law 2021)
like acquisitive prescription and succession. Statutory
provi-
9.1. Concept & Elements. sions and
Cases
1. Republic v. Cortez, Sr., G.R. No. 197472, September 7, 2015 Nos. 1 to
2. Heirs of Jose Extremadura v. Extremadura, G.R. No. 211065, June 7
15, 2016

9.2. Degrees or Kinds of Possession

9.3. Presumptions Concerning Possession.
9.4. Acquisition of Possession
9.5. Effects of Possession
9.6. Loss of Possession
9.7. Theory of Irrevindicability (Art. 559, NCC)
 3. EDCA Publishing & Distributing Corp. vs. Spouses San-
tos, G.R. No. 80298, April 26, 1990
4. Dizon vs. Suntay G.R. No. L-30817, September 29, 1972
5. BPI Family Bank v. Franco, G.R. No. 123498, November
23, 2007.
6. Pen Development Corp. v. Martinez Leyba Inc., G.R. No.
211845, August 9, 2017

10. USUFRUCT (Arts. 562 to 612, NCC)

Descrip on: A study of the concept, kinds and effects of
Week 13
usufruct. It also explores the different obligations of the par- (October 25
ties as well as the modes for acquisition and termination of to 27, 2022)
usufruct.
Statutory
10.1. General Concepts. provisions
1. Alcantara v. Reta, Jr., G.R. No. 136996, December and Cases
14, 2001 Nos. 1 to 7
2. Moralidad v. Spouses Pernes, G.R. No. 152809,
August 3, 2006
3. National Housing Authority v. Manila Seedling
Bank Foundation, Inc., 794 SCRA 1 [2016]

10.2. Rights of the Usufructuary

4. Bachrach vs. Sieffert, G.R. No. L-2659, October
12, 1950, 37 Phil 483

10.3. Obligations of the Usufructuary

5. NHA v CA, G.R. No. 148830, April 13, 2005

10.4. Extinguishment
6. Rivera-Calingasan v. Rivera, G.R. No. 171555, April
17, 2013
7. Grey v. Fabie, G. R. No. L-13361, December 29,
1959
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 11. EASEMENT (Arts. 613 to 693, NCC)
Descrip on: A study of the concept, kinds and effects of easement.
It also explores the different obligations of the parties as well as
the modes for acquisition and termination of easement. Weeks 14 to
15 (No-
11.1. Kinds of Easements. vember 3 to
10, 2022)
1. Liwag v. Happy Glen Loop Homeowners Association,
Inc., G.R. No. 189755, July 4, 2012
Statutory
2. Naga Centrum v Spouses Orzales, G. R. No. 203567,
September 14, 2016 provisions
and Cases
2. Characteristics. Nos. 1 to 13

3. Heirs of the Late Joaquin Lemanse v. Vda. De Ramos,

G.R. No. 152319, October 28, 2009
4. Mercader, Jr. v. Bardilas, 794 SCRA 387 [2016]

3. Acquisition.

5. Alolino v Flores, G. R. No. 198774, April 4, 2016

4. Extinguishment.

5. Legal Easements.

a. Compulsory Easement of Right of Way.

6. De Guzman v. Filinvest Development Corp., 746 SCRA 65

[2015]
7. Ermino v Golden Village, G.R. No. 180808, August 15,
2018

b. Easement of Light and View

8. Cortes v. Yu-Tibo, G.R. No. 911, March 12, 1903, 2 Phil 24

9. Garcia v. Loreta Santos et al., G.R. No. 228334, June 17,

2019
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 c. Party Wall

d. Easement Rela ng to Waters.

10. Pilar Development Corp. v. Dumadag, G.R.

No. 194336, March 11, 2013

e. Lateral and Subjacent Support.

11. Castro v. Monsod, G.R. No. 183719, February 2, 2011

12. Ngo Sin Sing v. Li Seng Giap & Sons, Inc.,

G.R. No. 170596, November 28, 2008

f. Nuisance.

13. Gancayco v. City Government of Quezon City, G.R.

Nos. 177807 & 177933 October 11, 2011

12. MODES OF ACQUIRING OWNERSHIP (Arts.

712 to 773, NCC).

Descrip on: A study of the theory of mode and title, the differentkinds
of acquiring ownership and the requirements for the acquisition of
ownership under particular modes of ownership such as occupation,
tradition, prescription, and donation. Week 16
(November
1. Modes under the New Civil Code (Art. 712, NCC). 15 to 17,
2022)
2. Theory of Mode and Title
Statutory
1. Acap vs. CA, G.R. No. 118114, December 7, 1995 provisions
and Cases
3. OCCUPATION (Arts. 713 to 720, NCC) Nos. 1 to 3

2. Heirs of Seraspi v CA, G. R. No. 135602, April 28, 2000

4. INTELLECTUAL CREATION

3. E. I. Dupont de Nemours v. Director Francisco et al., G.R.

No. 174379, August 31, 2016
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 5. DONATION
a. Nature.
Week 17 to
b. Kinds of Donation 18
(November
4. Del Rosario v. Ferrer, G.R. No. 187056, September 22 to De-
20, 2010, 630 SCRA 683 cember 1,
5. Calanasan v. Dolorito, G.R. No. 171937, November 2021)
25, 2013, 710 SCRA 505.
Statutory
6. NPC v Delta, G. R. No. 221709, October 16, 2019
provisions
c. Formalities and Other Rules. and Cases
Nos. 4 to 9
d. Revocation and Reduction.

7 . Province of Camarines Sur v. Bodega Glassware,

G.R. No. 194199, March 22, 2017.

12.06. ACQUISITIVE PRESCRIPTION (Articles 1106 to 1138,

NCC).

8. Mercado v. Espinocilla, G.R. No. 184109, February

1, 2012
9. Caltex (Philippines), Inc. v. Ma. Flora Singson
Aguirre, G.R. Nos. 170746-47, March 9, 2016
 V. PEDAGOGY: (Online Platform/Tools - lecture, recitations, examinations/quizzes,
projects, etc.)

1. Assignments.

The students shall be required to submit case digest, projects, problem solving assignments
and papers with their corresponding due dates. School Guidelines on Blended Learning shall
be enforced. Zoom shall be used as the pla orm for synchronous classes. Supplementary tools
include Google drives, Viber and Emails.

2. Readings.

Each student is required to read the speci ed materials. Details are enumerated in each of the
module uploaded in UAP Canvas.

Course Materials.
a. Laws. Ar cles 414 to 773 of the New Civil Code of the Philippines.

b. Cases. The students who are part of the class are required to read the
cases speci ed below. Students should focus on iden fying the rule of law
or doctrinal precepts, their applica on to the facts, exploring the extent or
limit of or excep ons to its applica on and synthesizing the rule or doc-
trine into an integrated or coherent framework.

c. Textbooks. Students may use any textbook that contains annota ons on
the provisions of the New Civil Code on Property. However, students are
strongly encouraged to read the following

1. Sta Maria, Property, 2021 edi on

2. Aquino, Reviewer on Civil Law, 2018 Ed.

3. Commentaries on Property Law by Tolen no, Paras and Pineda.

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 d. Other Materials. Other materials such as special laws, circulars issued
by administrative agencies are speci ed in the outline. Additional ma-
terials may be assigned in the course of the semester.

3. Lectures and recitations.

School Guidelines on Blended Learning shall be enforced. Zoom shall be used as the plat-
form for online synchronous classes. Lectures and recitations shall be conducted accord-
ingly.

4. Assessment. The students will be graded according to the following:

REQUIREMENTS WEIGHT

Class standing before Midterms (Recita- 24%

tions, Quizzes, Problem Solving Exercises,
Projects, Papers)

Midterm Assessment 16%

Class standing after Midterms (Recitations,

Quizzes, Problem Solving Exercises, 36%
Projects, Papers)

Final Assessment 24%

Total 100%
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