RIGHT OF ACCESSION

Art. 440, Civil Code

 ACCESSION – Right of a property owner to everything which is:

a) Produced thereby (accession discreta);

b) Or which is incorporated or attached thereto:

 Naturally

 Artificially
 ACCESSION
Art. 440, Civil Code
CLASSIFICATION
a) Accession Discreta (Fruits) Art. 441
1. natural fruits (Art. 442)
2. industrial fruits (Art. 442)
3. civil fruits (Art. 442)

b) Accession Continua (Attachment or Incorporation)

1. For real property
2. For personal property
 ACCESSION
Art. 440, Civil Code
Accession Continua in Real Property
a) accession industrial (building, planting, sowing)
b) accession natural (alluvium, avulsion, change of course of rivers, formation
of islands)

Accession Continua in Personal Property

a) adjunction or conjunction (inclusion (engraftment), soldadura (attachment),
tejido (weaving), pintura (painting), escritura (writing) Art. 466-471
b) mixture (confusion – liquids; commixtion – solids) Art. 472-473
c) specification (Art. 474)
 ACCESSION
Art. 441, Civil Code
RIGHT TO THE FRUITS ( natural, artificial, civil)

Instances when owner of land does not own the fruits:

 Possessor in good faith of the land (Art. 544, par.1)
 Usufructuary (Art. 566)
 Lessee get the fruits of the land (Art. 1654)
 Antichresis
 ACCESSION
Art. 442, Civil Code

Natural Fruits – spontaneous products of the soil, and the young and
other products of animals.

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.
 ACCESSION
Art. 443, Civil Code

 Applicable when third person is a possessor in bad faith and the crops have
already been gathered.

 If crops are NOT yet gathered, accession continua under Art. 449 applies.
Possessor in bad faith is not entitled to indemnity.

 Duty of recipient of fruits to reimburse:

necessary expenses (production, gathering and preservation)
 ACCESSION
Art. 444, Civil Code

Natural or Industrial Fruits must be manifest or born.

Crops: Annual (e.g. cereals, grains, rice, corn, sugar)

Perennial (e.g. mangoes, coconuts, banana,
apples)

Animals: Young are already considered existing even if

still in the maternal womb.
 ACCESSION WITH IMMOVABLE PROPERTY
Art. 445, Civil Code
accession continua or accession industrial
BUILDING, PLANTING, SOWING
Basic Principles:

1.To the known owner of the principal must belong the accessions.
2.The union or incorporation (with exceptions) must be in such a manner that to separate the
principal from the accessory would result in substantial injury to either.
3.He who acted in good faith may be held responsible but he should NOT be penalized.
4.The one in bad faith may be penalized
5.No one should enrich himself unjustly at the expense of another.
6.Bad faith of one party NEUTRALIZES the bad faith of the other. Both then should be considered
in good faith.
 ACCESSION WITH IMMOVABLE PROPERTY
Art. 446, Civil Code

DISPUTABLE (juris tantom) PRESUMPTIONS

 The works, sowing and planting were made by the owner.

 They were made at the owner’s expense.

 Whoever alleges the contrary should prove his contention.

 ACCESSION
Art. 447, Civil Code
Owner of the land who uses the materials of another versus
Owner of the materials
Landowner’s Rights and Obligations
a) Landowner in good faith – He becomes the owner of
the materials but he must pay for their value. If materials
can be removed without destruction to the works or plants,
owner of materials can remove them.
 ACCESSION
Art. 447, Civil Code
Owner of the land who uses the materials of another versus
Owner of the materials
Landowner’s Rights and Obligations
a) Landowner in bad faith – He becomes the owner of the
materials but he must pay for their value plus damages.
When the owner of the materials decides to remove them whether
or not destruction would be caused, the materials still belongs to
him plus damages.
 ACCESSION
Art. 447, Civil Code
Owner of the land who uses the materials of another versus
Owner of the materials
Owner of Materials Rights and Obligations

a) Landowner in good faith – He is entitled to

reimbursement (provided he does not remove them. He is
also entitled to removal (provided no substantial injury is
caused) .
 ACCESSION
Art. 447, Civil Code
Owner of the land who uses the materials of another versus
Owner of the materials
Owner of Materials Rights and Obligations

a) Landowner in bad faith – He is entitled to

ABSOLUTE right of removal and damages. He is also
entitled to reimbursement and damages (in case he
chooses to remove).
 ACCESSION
Art. 448, Civil Code
Landowner vs Others (BUILDER, PLANTER, SOWER)

Owner vs Others in Good Faith

Owner has right to appropriate as his own the works, sowing or planting.
Other is entitled to indemnity for necessary and useful expenses plus right of
removal of luxurious expenses (if necessary).

OR

Owner may compel Other (builder/planter) to buy the land.

Owner may compel Other (sower) to pay proper rent.
 ACCESSION
Art. 448, Civil Code
Landowner vs Others (BUILDER, PLANTER, SOWER)

Owner vs Others in Good Faith

 Ifland value is more than the building or trees, Other cannot

be compelled to buy land.

 If Owner does not choose to appropriate works/trees/plant

after proper indemnity, Other shall pay reasonable rent.
 ACCESSION
Art. 449, Civil Code
Landowner vs Others

Owner vs Others in Bad Faith

 Other losses object without indemnity.

 ACCESSION
Art. 450, Civil Code
Landowner vs Others

Owner vs Others in Bad Faith

 Owner may demand demolition of the work or that planting or sowing be removed to
replace things in their former condition at the expense of the Other

OR

 Compel Others (BUILDER, PLANTER) to pay the price of land and the SOWER to pay the
proper rent.
 ACCESSION
Art. 451, Civil Code
Landowner vs Others

Owner vs Others in Bad Faith

 Owner is entitled to damages.

 ACCESSION
Art. 452, Civil Code
Landowner vs Others

Owner vs Others in Bad Faith

 Other is entitled to reimbursement for the necessary expenses

for the preservation of the land.
 ACCESSION
Art. 453, Civil Code
Landowner vs Others

Owner in Bad Faith vs Others in Bad Faith

 Thebad faith of one neutralizes the bad faith of the other so

both will be considered in Good Faith.
 ACCESSION
Art. 454, Civil Code
Landowner vs Others

Owner in Bad Faith vs Others in Good Faith

apply Art. 447

 ACCESSION
Art. 455, Civil Code
Landowner vs Others + Owner of materials (OM)

OM in Good Faith – he is entitled reimbursement from the Others

(BPS) principally. Other’s insolvency makes Owner subsidiarily
liable, if Owner uses the materials (appropriates the construction).

BUT, if he compels the builder to purchase the land or demolish the

construction, he CANNOT be held subsidiarily liable.
 ACCESSION
Art. 455, Civil Code
Landowner vs Others + Owner of materials (OM)

OM in Bad Faith – he loses all rights to be indemnified.

He can even be liable for consequential damages (e.g.
when materials are of inferior quality)

Bad Faith of the Owner, Others and OM = Good Faith

 ACCESSION
Art. 456, Civil Code
Landowner vs Others + Owner of materials (OM)

Good Faith may co-exist with Negligence

 Whoever is at fault or negligent is liable under Art. 2176.

 No intent to do wrong in negligence while bad faith

presupposes an intent to cause damage or prejudice.
 RELATED CASES

1. NHA vs Manila Seedlings Bank (787 Phil 531) GR. No. 183543; June 20 2016
2. Heirs of Gamos vs Heirs of Frando (488 Phil 140) GR. No. 149117; Dec 16, 2004
3. Villasi vs Sps. Garcia (724 Phil 519) GR. No. 190106; January 15, 2014
4. Benedicto vs Villaflores (646 Phil 733) GR. No. 185020; Oct 6, 2010
5. Mirallosa vs Carmel Development (GR. No. 194538) Nov 27, 2013
6. Sps. Nuguid vs CA (492 Phil 343) GR. No. 151815; Feb. 23, 2005
7. Leviste Mgt. Systems Inc. vs Legaspi Towers (GR. No. 199353) Apr 4, 2018
8. Cabling vs Dancalan (787 Phil 187) GR. No. 187698; Jun 15, 2016
9. Padilla vs Malicsi (795 Phil 794) GR. No. 201354; Sep 21, 2016
10 Tan Queto vs CA (232 Phil 57) GR. No. L-35648; Feb 27, 1987
11. DepEd vs Casibang (779 Phil 472) GR. No. 192268; Jan 27, 2016
12. Sps. Esmaquel vs Coprada (653 Phil 96) GR. No. 152423; Dec 15, 2010