OWNERSHIP

Property 1st Sem, SY 2022-2023

Atty. Ricardo Ribo
 Notice
This presentation and recording is
for the exclusive use of Arellano
University School of Law. No part of
this presentation or recording
shall be reproduced or published
without the written consent of the au-
thor.
Definition
 Definition
Ownership
• It is independent and general right of a person
to control a thing, particularly in his
possession, enjoyment, disposition and
recovery, subject to no restrictions, except
those imposed by law and the rights of others.

• a relation in private law by virtue of which a

thing (or property right) pertaining to one
person is completely subjected to his will in
everything not prohibited by public law or the
concurrence with the rights of another
Kinds of Ownership
 Kinds of Ownership

01 Full ownership

02 Naked ownership

03 Sole Ownership

04 Co-ownership
Rights of an owner under the Civil Code (Art.
428)
 Rights of an owner under the
Civil Code (Art. 428)

01 The right to enjoy

02 The right to dispose

03 The right to recover

04 Disputable presumption
of ownership (Art. 433)
 Rights of an owner under the
Civil Code (Art. 428)

01 the right to enjoy

Includes:
• the right to possess (jus possidendi)
• the right to use (jus utendi)
• the right to the fruits (jus fruendi)
 Rights of an owner under the
Civil Code (Art. 428)

04 Disputable presumption
of ownership (Art. 433)
 Rights of an owner under the
Civil Code (Art. 428)

02 The right to dispose

(jus disponendi)
Includes:
• the right to consume or destroy
(jus abutendi)
• the right to encumber or alienate
 Rights of an owner under the
Civil Code (Art. 428)

03 The right to recover

(jus vindicandi)
Object of recovery:
a. Recovery of personal property
• Replevin
b. Recovery of real property
• Accion Reivindicatoria (reivindicatory
action)
• Accion Publiciana (plenary action to re-
cover possession)
 Rights of an owner under the
Civil Code (Art. 428)

03 The right to recover

b. Recovery of real property

(accion interdictal)
• Forcible Entry or Unlawful Detainer

c. Requisites in an action to recover (Art.434)

• Identity of property
• Strength of plaintiff’s title
Other Specific Rights Found in Civil
Code 249, 430, 437, 438,444
 Other Specific Rights Found in Civil Code
249, 430, 437, 438, 444

a. Right to Exclude; Self-help; Doctrine of Self

Help; Art. 429
b. Right to Enclose or Fence – Art. 430
the right to exclude and enclose is subject to
Art. 431 and the “state of necessity”
(Art. 432)
c. Right to Receive Just Compensation in Case of
Expropriation –Art. 435
d. Right to Hidden Treasure – Arts. 438-439
e. Right to accession –Art. 440
Limitation of Real Right of
Ownership
 Limitation of Real Right of
Ownership
1. General Limitation
Police power
Taxation
Eminent domain

2. Specific Limitation
 Limitation of Real Right of
Ownership
3. Limitations from other provisions of Civil
Code
Arts. 431, 432
Arts. 2919, 677, 670, 649, & 652, 637, 676, 644,
684-687
4. Limitation under our Constitution
Art. XII, Sections 7 & 8
 CASES
1. Valdez vs. CA GR No. 132424. May 4,
2006
2. De Gallego vs. Land Authority, L-26848,
August 17, 1981 106 SCRA 598, 604-606
3.