Documente Academic
Documente Profesional
Documente Cultură
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PROPERTY
PROPERTY All things which are, or may be the object of appropriation 1. 2. 3. Requisites: (USA) utility substantivity or individuality appropriability their owner has placed or preserved them, with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in those places are included; fertilizer actually used on a piece of land; mines, quarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; 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; and contracts for public works, and servitudes and other real rights over immovable property
8. 9.
I. A. IMMOVABLE PROPERTIES 1. land, buildings, roads and constructions of all kinds adhered to the soil; 2. trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable; 3. everything attached to an immovable in a fixed manner in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; 4. statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; 5. machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; Requisites: a. made by owner b. industry or works carried on building or on land c. machines, etc must tend directly to meet needs of the industry or works d. machines, etc. must be essential and principal elements of the industry. 6. animal houses, pigeon-houses, 7. beehives, fishponds or breeding places of similar nature, in case CIVIL LAW COMMITTEE
10.
11.
Categories: (NIDA) 1. Real by nature it cannot be carried from place to place (pars. 1 & 8, Art. 415, Civil Code) 2. Real by incorporation attached to an immovable in a fixed manner to be an integral part thereof (pars. 1-3 Art. 415, Civil Code) 3. Real by destination placed in a n immovable for the utility it gives to the activity carried thereon (pars. 4-7 and 9 Art. 415, Civil Code) 4. By analogy it is so classified by express provision of law (par. 10, Art. 415, Civil Code) B.MOVABLE PROPERTIES 1. those movables susceptible of appropriation which are not included in the preceding article; 2. real property which by any special provision of law is considered as personalty; 3. forces of nature which are brought under control of science; 4. in general, all things which can be transported from place to place
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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They continue to be regarded as immovables. 2) Fact of separation determines the condition of the objects thus recovering their condition as movables. * the latter view is supported by Paras and Tolentino who maintains that the failure of the codifiers to reproduce the provision of the partidas on the matter is an indication that they did not intend the rule to continue. f) A building that is to be sold or mortgaged and which would be immediately demolished may be considered personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel mortgage respectively, for the true object of the contract would be the materials. II. A. PROPERTY OF PUBLIC DOMINION Concept: It is not owned by the state but pertains to the state, which, as territorial sovereign exercises certain juridical prerogatives over such property. The ownership of such properties is in the social group, whether national, provincial or municipal. Purpose: To serve the citizens and not the state as a juridical person. Kinds: 1. Those intended for public use 2. Those which are not for public use but intended for public service 3. Those intended for the development of the national wealth CHARACTERISTICS: 1. Outside the commerce of man 2. Inalienable. But when no longer needed for public use or service, may be declared patrimonial property. In Laurel vs. Garcia (187 SCRA 797), the Supreme Court held that whether or not the Roppongi and related properties will eventually be sold is a policy determination where both the President and Congress must concur.
1)
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the State and any of its political subdivisions which are patrimonial in nature Muebles or furniture generally has for its principal object the furnishing or ornamenting of a building. Note that there are exceptions to this definition and are generally not included as furniture unless the law or the individuals declaration include them. OWNERSHIP The right to enjoy, dispose, and recover a thing without further limitations than those established by law or the will of the owner. Rights included: 1. Right to enjoy: (PUFA) a) to possess (jus possidendi) b) to use (jus utendi) c) to the fruits (jus fruendi) and accessions d) to abuse (jus abutendi) 2. Right to dispose: (DATE) a) to destroy b) to alienate c) to transform d) to encumber 3. Right to vindicate: (RP) a) pursuit b) recovery 4. Right to exclude: (ER) a) to enclose, fence and delimit b) to repel intrusions even with force Characteristics: (EGEIP) 1. Ownership is Elastic power/s may be reduced and thereafter automatically recovered upon the cessation of the limiting rights. 2. General the right to make use of all the possibilities or utility of the thing owned, except those attached to other real rights existing thereon. 3. Exclusive there can only be one ownership over a thing at a time. There may be two or more owners but ONLY ONE ownership. 4. Independence It exists without necessity of any other right 5. Perpetuity ownership lasts as long as the thing exists. It cannot be extinguished by non user but only by
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GENERAL
RULE: A person cannot interfere with the right of ownership of another. EXCEPTION: Doctrine of Incomplete Privilege or State of Necessity (Article 432) Requisites: (ID) 1. Interference necessary 2. Damage to another much greater than damage to property LEGAL REMEDIES TO RECOVER POSSESSION OF ONES PROPERTY 1. Personal property: Replevin REPLEVIN - remedy when the complaint prays for the recovery of the possession of personal property.
As to when possession became unlawful Possession of the Possession is defendant is inceptively lawful unlawful from the but becomes illegal beginning as he from the time acquires defendant possession by unlawfully Force, withholds intimidation, possession after strategy, threat the expiration or or stealth termination of his right thereto. As to the necessity of demand No previous Demand is demand for the jurisdictional if the defendant to ground is nonvacate is payment of rentals necessary or failure to comply with the lease contract As to necessity of proof of prior physical possession Plaintiff must Plaintiff need not prove that he was have been in prior in prior physical physical possession possession of the premises until he was deprived thereof by the defendant
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6. The finder is not married under the absolute community or the conjugal partnership system (otherwise his share belongs to the community). ACCESSION The right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto, either naturally or artificially. Classifications: 1. Accession Discreta the right pertaining to the owner of a thing over everything produced thereby Kinds of Fruits a. natural fruits spontaneous products of the soil and the young and other products of animals b. industrial fruits those produced by lands of any kind through cultivation or labor c. civil fruits rents of buildings, price of leases or lands and the amount of perpetual or life annuities or other similar income GENERAL RULE: To the owner belongs the natural, industrial, and civil fruits. EXCEPTIONS: If the thing is: (PULA) a) in possession of a possessor in good faith; b) subject to a usufruct; c) leased or pledged; or d) in possession of an antichretic creditor 2. Accession Continua the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially; by external forces. a. With respect to real property i. accession industrial building, planting or sowing ii. accession natural alluvium, avulsion, change of river course, and formation of islands
b. ACCION PUBLICIANA Nature: Ordinary civil proceeding to recover the better right of possession, except in cases of forcible entry and unlawful detainer. The involved is not possession de facto but possession de jure. c. ACCION REIVINDICATORIA Nature: action to recover real property based on ownership. Here, the object is the recovery of the dominion over the property as owner. Requisites: 1. Identity of the Property 2. Plaintiffs title to the property Surface Rights The owner of parcel of land is the owner of its surface and everything under it. The economic utility which such space or subsoil offers to the owner of the surface sets the limit of the owners right to the same. HIDDEN TREASURE Definition: any hidden or unknown deposit of money, jewelry or other precious objects, the lawful ownership of which does not appear. GENERAL RULE: It belongs to the owner of the land, building or other property on which it is found. EXCEPTIONS: The finder is entitled to provided: 1. Discovery was made on the property of another, or of the state or any of its political subdivisions; 2. The finding was made by chance; 3. The finder is not a co-owner of the property where it is found; 4. The finder is not a trespasser; 5. The finder is not an agent of the landowner; CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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Basic Principles: (GONE BAD) 1. He who is in good faith may be held responsible but will not be penalized. 2. To the owner of a thing belongs the extension or increase of such thing. 3. Bad faith of one party neutralizes the bad faith of the other. 4. There should be no unjust enrichment at the expense of others. 5. Bad faith involves liability for damages. 6. Accessory follows the principal. 7. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. Right of Accession with respect to Immovable Property NOTE: See TABLES Important Doctrines/Principles: a) Under Art 448, the landowner may not refuse both to pay for the building and to sell the land and instead seek to compel the owner of the building to remove the building from the land. He is entitled to such removal ONLY when, after having chosen to sell the land, the other party fails to pay for said land. (Ignacio vs. Hilario, 76 Phil. 605) b) Should no other arrangement be agreed upon, the owner of the land does not automatically become the owner of the improvement. (Filipinas Colleges, Inc. vs. Timbang, 106 Phil. 247) c) Article 448 is not applicable where a person constructs a house on his own land and then sells the land, not the building. (Coleongco vs. Regalado, 27 Phil 387) d) Article 448 does not apply to cases which are governed by other provisions of law such as coownership, usufruct, agency, lease. e) The provision on indemnity in Art. 448 may be applied by analogy CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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abandoned, the owners of the invaded land become owners of the abandoned bed to the extent provided by this article. No positive act is needed on their part, as it is subject thereto ipso jure from the moment the mode of acquisition becomes evident. It does not apply to cases where the river simply dries up because there are no persons whose lands are occupied by the waters of the river.
4. Formation of Islands RULES ON OWNERSHIP a. If formed by the sea: 1) within territorial waters State 2) outside territorial waters to the first occupant b. If formed in lakes, or navigable or floatable rivers - State c. If formed on non-navigable or non-floatable rivers: 1) if nearer to one margin or bank to the nearer reparian owner 2) if equidistant from both banks- to the reparian owners, by halves. NOTE: There is no accession when islands are formed by the branching of a river; the owner retains ownership of the isolated piece of land. Right of Accession with respect to movable property Basic Principle: Accession exists only if separation is not feasible. Otherwise, separation may be demanded. KINDS (accession continua as to movables): 1. Adjunction the union of two things belonging to different owners, in such a manner that they cannot be separated without injury, thereby forming a single object. Requisites a) the two things must belong to different owners b) that they form a single object, or that their separation would impair their nature
Avulsion
1. sudden or abrupt process 2. identifiable and verifiable 3. belongs to the owner from whose property it was detached 4. detachment followed by attachment
3. Change of course of rivers Requisites: a) There must be a natural change in the course of the waters of the river b) The change must be abrupt or sudden NOTES: Once the river bed has been CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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b. By one owner in good faith: apply rule(a) c. By one owner in bad faith: i) he loses all his rights to his own material ii) he is liable for damages 3. Specification It is the transformation of anothers material by the application of labor. The material becomes a thing of different kind. Labor is the principal Rules: a) Owner of the principal (worker) in good faith: i) maker acquires the new thing ii) he must indemnify the owner of the material : if the material is more valuable than the resulting thing, the owner of the material has the option: 1) to acquire the work, indemnifying for the labor, or 2) to demand indemnity for the material b) owner of the principal (worker) in bad faith: the owner of the material has the option: i) to acquire the result without indemnity ii) to demand indemnity for the material plus damages c) Owner of the material in bad faith i) he loses the material ii) he is liable for damages Adjunction
1. Involves at least 2 things
Mixture
Involves at least 2 things
Specification May involve one thing (or more) but form is changed Accessory follows the principal
Coownership results
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QUIETING OF TITLE It is an equitable action in rem to determine the condition of the ownership or the rights to immovable property, and remove doubts thereon. Requisites: 1. plaintiff must have a legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. there must be a cloud in such title; 3. such cloud must be due to some instrument, record, claim, encumbrance or proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and 4. plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to his benefit. Prescriptive Period: 1. plaintiff in possession imprescriptible 2. plaintiff not in possession 10 (ordinary) or 30 years (extraordinary) Action to quiet title Action to remove a cloud on title
a) to questions involving interpretation of documents b) to mere written or oral assertions of claims; EXCEPT: i) if made in a legal proceeding ii) if it is being asserted that the instrument or entry in plaintiffs favor is not what it purports to be c) to boundary disputes d) to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff e) to instruments invalid on their face f) where the validity of the instrument involves pure questions of law Ruinous Buildings and Trees in Danger of Falling: As to buildings the owners is obliged to demolish or execute necessary work to prevent the building from falling. Should he fail to do so, the authorities shall order its demolition at the expense of the owner, or take measures to insure public safety. The complainant must show that his property is adjacent to the dangerous construction, or must have to pass by necessity in the immediate vicinity. The owner is responsible for damages to others due to lack of necessary repairs. However, if the damage is caused by defects in the construction, then the builder is responsible for the damages. CO-OWNERSHIP Definition: the right of common dominion which two or more persons have in a spiritual part of a thing which is not physically divided. Concept: co-ownership exists where the ownership of a thing physically undivided pertains to more than one person.
PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved NATURE OF THE ACTION remedial action Preventive action involving a present to prevent a future adverse claim cloud on the title
The action to quiet title does not apply: CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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Partnership
1. Can be created only by contract, express or implied 2. Has juridical personality distinct from the partners 3. Purpose is to obtain profits 4. A partner, unless authorized cannot dispose of his share and substitute another as a partner in his place 5. A partner can generally bind the partnership 6. Distribution of profits is subject to the stipulation of the parties 7. Death or incapacity dissolves the partnership 8. May be made in any form except when real property is
Rules: 1. Rights of each co-owner as to the thing owned in common: USBRAPLDP a) To use the thing owned in common Limitations: i) use according to the purpose for which it was intended ii) interest of the co-ownership must not be prejudiced iii) other co-owners must not be prevented from using it according to their own rights b) To share in the benefits and charges in proportion to the interest of each. NOTE: Any stipulation to the contrary is void. c) To the benefits of prescription: prescription by one co-owner benefits all. d) Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. NOTE: The co-owner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. e) Alterations: to oppose alterations made without the consent of all, even if beneficial. NOTES: Alteration is an act by virtue of which a co-owner changes the thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire it to be intended.
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3. Rights as to the ideal share of each co-owner: a) Each has full ownership of his part and of his share of the fruits and benefits b) Right to substitute another person its enjoyment, EXCEPT when personal rights are involved c) Right to alienate, dispose or encumber d) Right to renounce part of his interest to reimburse necessary expenses incurred by another coowner e) Transactions entered into by each co-owner only affect his ideal share. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. consolidation or merger in one coowner 2. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-ownership 3. loss or destruction of property coowned 4. sale of property co-owned 5. termination of period agreed upon by the co-owners 6. expropriation 7. judicial or extra-judicial partition CONDOMINIUM ACT (R.A. NO. 4726) CONDOMINIUM an interest in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include transfer or conveyance of the undivided interest in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: provided, however, that where the common areas in the condominium project are held by the owners of separate units as co-owners thereof, no condominium unit therein shall be
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c) Waters public by special provision POSSESSION Concept: the material holding or control of a thing or the enjoyment of a right. 1. 2. 3. Requisites: occupancy, apprehension, or taking deliberate intention to possess by virtue of ones own right
Degrees: 1. possession without any title whatsoever 2. possession with juridical title 3. possession with just title sufficient to transfer ownership 4. possession with a title in fee simple Classes: a) In ones own name where possessor claims the thing for himself b) In the name of another for whom the thing is held by the possessor c) In the concept of owner possessor of the thing or right , by his actions, is considered or is believed by other people as the owner, regardless of the good or bad faith of the possessor d) In the concept of holder possessor holds it merely to keep or enjoy it, the ownership pertaining to another person; possessor acknowledges in another a superior right which he believes to be ownership. NOTE: None of these holders assert a claim of ownership in himself over the thing but they may be considered as possessors in the concept of owner, or under claim of ownership, with respect to the right they respectively exercise over the thing. e) In good faith possessor is not aware that there is in his title or mode of acquisition a defect that invalidates it Requisites: 1. Ostensible title or mode of acquisition 2. Vice or defect in the title 3. Possessor is ignorant of the vice or defect and must have an honest belief that the thing belongs to him
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d. no indemnity
e. Necessary expenses
Acquisition of possession: Manner 1. Material occupancy of the thing 2. Subjection to the action of our will 3. Proper acts and legal formalities established for acquiring such right. CIVIL LAW COMMITTEE
f. reimbursed to possessor (owners option) i. initial cost ii. plus value may remove if no
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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g. Ornamental expenses
g. owners option: i. removal, or ii. value at time of recovery h. taxes and charges i. charged to owner ii. charged to owner iii. to owner i. no reimbursement j. liable in every case
a) owner of the thing must prove (1) ownership of the thing and (2) loss or unlawful deprivation; or bad faith of the possessor b) Where the owner acts negligently or voluntarily parts with the thing owned, he cannot recover it from the possessor c) The owner may recover the movable in case of loss or involuntary deprivation; but must reimburse the price paid if possessor acquired the thing in good faith and at a public sale. Loss of possession: 1. By the will of the possessor a) Abandonment b) Transfer or conveyance 2. Against the will of the possessor a) Eminent domain b) Acquisitive prescription c) Judicial decree in favor of better right d) Possession of another for more than one year NOTE: this refers to possession de facto where the possessor loses the right to a summary action; but he may still bring action publiciana or reivindicatoria e) By reason of the object i. destruction or total loss of the things ii. withdrawal from commerce USUFRUCT gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. Characteristics: a. Real right b. Of temporary duration c. To derive all advantages from the thing due to normal exploitation d. may be constituted on real or personal property, consumable or non-consumable, tangible or intangible, the ownership of which is vested in another e. transmissible
iii. charges i. Improvements no longer existing j. Liability for accidental loss or deteriorati on
Possession of movables Possession of movables in good faith is equivalent to title. Requisites: a) possession is in good faith b) the owner has voluntarily parted with the possession of the thing c) possessor is in the concept of owner One who has lost or has been unlawfully deprived of it , may recover it from whomsoever possesses it, ordinarily, without reimbursement. Doctrines: CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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Lease
1.Generally a personal right 2. Lessor may not be the owner
5. Lease involves a more active owner or lessor who makes the lessee to enjoy 6.Lessee is not generally under obligation to undertake repairs or pay taxes
b. To enjoy any increase through accessions and servitudes c. To the half of the hidden treasure he accidentally finds d. To lease the thing, generally, for the same or shorter period as the usufruct. e. To improve the thing without altering its form and substance f. Right to set-off the improvements he may have made on the property against any damage to the same g. To retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital h. To collect reimbursements from the owner for indispensable extraordinary repairs, taxes on the capital he advanced, and damages caused to him. i. To remove improvements made by him if the same will not injure the property 2. As to the usufruct itself a. To mortgage the right of usufruct except parental usufruct b. To alienate the usufruct Obligations of the usufructuary: 1. Before exercising the usufruct: a. To make an inventory of the property b. To give a bond, EXCEPT 1) when no prejudice would result 2) when the usufruct is reserved by the donor or parents 3) in cases of caucion juratoria where the usufructuary, being unable to file the required bond or security, files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. takes an oath to take care of the things and restore them property cannot be
Special Usufructs a) of pension or income (Art 570) b) of property owned in common (Art. 582) c) of cattle (livestock) (Art. 591) d) on vineyards and woodlands (Art. 575-576) e) on a right of action (Art. 578) f) on mortgaged property (Art. 600) g) over the entire patrimony (Art. 598) h) over things which gradually deteriorate (Art. 573) i) of consumable property (Art 574) Rights of the Usufructuary 1. As to the thing and its fruits a. To receive and benefit from the fruits CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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the owner unless there is a right of retention b. To pay legal interest on the amount spent by the owner for extraordinary repairs or taxes on the capital c. To indemnify the owner for any losses due to his negligence or of his transferees Extinguishment of Usufruct: (PT2DERM) 1. Prescription 2. Termination of right of the person constituting the usufruct 3. Total loss of the thing 4. Death of the usufructuary, unless contrary intention appears 5. Expiration of the period or fulfillment of the resolutory condition 6. Renunciation of the usufructuary 7. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE Encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. Concept: it is a real right, constituted on the corporeal immovable property of another, by virtue of which the owner of the latter has to refrain from doing or must allow something to be done on his property, for the benefit of another person or tenement. Characteristics: a) It is a real right but will affect third persons only when duly registered b) It is enjoyed over another immovable, never on ones own property c) It involves two neighboring estates (in case of real easements) d) It is inseparable from the estate to which it is attached, and, therefore, cannot be alienated independently of the estate e) It is indivisible for it is not affected by the division of the estate between two or more persons
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Easement
1. Imposed only on real property 2. Limited to particular or specific use of the servient estate 3. A non-possessory right over an immovable 4. Not extinguished by the death of the dominant owner
Usufruct
May involve either real or personal property Includes all the uses and the fruits of the property Involves a right of possession in an immovable or immovable Extinguished by the death of the usufructuary
Modes of Acquisition: (PDFAT) 1. by prescription of 10 years (continuous and apparent easements) 2. by deed of recognition 3. by final judgment 4. by apparent sign established by the owner of two adjoining estates 5. by title Dominant Owner Rights 1. To exercise all the rights necessary for the use of the easement 2. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. To renounce the easement if he desires to exempt himself from contribution to necessary expenses 4. To ask for mandatory injunction to prevent impairment of his use of the easement Obligations: 1. Cannot render the easement or render it more burdensome 2. Notify the servient owner of works necessary for the use and preservation of the servitude
Lease
Real right only when it is registered, or when its subject matter is real property and the duration exceeds one year May involve either real or personal
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estate 10. Waiver by the dominant owner EASEMENT FOR WATERING CATTLE This is really a combined easement for drawing of water and right of way Requisites: a) must be imposed for reasons of public use b) must be in favor of a town or village c) indemnity must be paid EASEMENT OF AQUEDUCT The right arising from a forced easement by virtue of which the owner of an estate who desires to avail himself of water for the use of said estate may make such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow. Character: apparent and continuous Requisites: a) dominant owner must prove that he has the capacity to dispose of the water b) that the water is sufficient for the intended use c) that the course is most convenient, and least onerous to the 3rd person d) payment of indemnity RIGHT OF WAY The right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of proper indemnity Requisites: 1. Claimant must be an owner of enclosed immovable or one with real right 2. There must be no adequate outlet to a public highway 3. Right of way must be absolutely necessary 4. Isolation must not be due to the claimants own act 5. Easement must be established at
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4. in ditches or drains between tenements Rebuttal of presumption: 1. title 2. by contrary proof: 3. by signs contrary to the existence of the servitude (Arts. 660 & 661) NOTE: if the signs are contradictory, they cancel each other Rights of part owners: 1. to make use of the wall in proportion to their respective interests, resting buildings on it or inserting beams up to one-half of the walls thickness 2. to increase the height of the wall a. at his expense b. upon payment of proper indemnity c. to acquire half interest in any increase of thickness or height, paying a proportionate share in the cost of the work and of the land covered by the increase Obligations of each part-owners: 1. to contribute proportionately to the repair and maintenance unless he renounces his partownership 2. if one part owner raises the height of the wall, he must: a. bear the cost of maintenance of the additions b. bear the increased expenses of preservation c. bear the cost of construction d. give additional land, if necessary, to thicken the wall LIGHT AND VIEW 1. Easement of Light (jus luminum) right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. Requisites: a. opening must not be greater than 30 centimeters squared,
Co-ownership
Shares of the coowners can be divided and separated physically but before such division, a co-owner cannot point to any definite portion of the property as belonging to him None of the coowners may use the community property for his exclusive benefit Partial renunciation is allowed
2. No limitation as to use of the party wall for exclusive benefit of a party 3. Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto
Presumptions of existence (juris tantum): 1. in adjoining walls of buildings, up to common elevation 2. in dividing walls of gardens and yards (urban) 3. in dividing fences, walls and live hedges of rural tenements CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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VOLUNTARY EASEMENTS Constituted by the will of the parties or of a testator. The owner possessing capacity to encumber property may constitute voluntary servitude. If there are various owners, ALL must consent; but consent once given is not revocable Voluntary easements are established in favor of: 1. predial servitudes: a. for the owner of the dominant estate b. for any other person having any juridical relation with the dominant estate, if the owner ratifies it. 2. personal servitudes: for anyone capacitated to accept. NUISANCE Any act, omission, establishment, business or condition of property or anything else which: (ISAHO) 1. Injures/endangers the health or safety of others; 2. Shocks, defies or disregards decency or morality; 3. Annoys or offends the senses; 4. Hinders or impairs the use of property; or 5. Obstructs or interferes with the free passage to any public highway or street, or body of water. Classes: 1. Per se nuisance at all times and under all circumstances regardless of location and surrounding. 2. Per accidens nuisance by reason of circumstances, location, or surroundings. 3. Public affects the community or a considerable number of persons. 4. Private affects only a person or a small number of persons. Doctrine of Attractive Nuisance: One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play and who fails
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A. Original Modes 1. Occupation 1. Condition of being without known owner 2. Work which 2. Creation, includes discovery or Intellectual invention creation B. Derivative modes 3. Law 3. Existence of required conditions 4. Tradition 4. Contract of the parties 5. Donation 5. Contract of the parties 6. Prescription 6. Possession in the concept of owner 7. Succession 7. Death
OCCUPATION a mode of acquiring ownership by the seizure of things corporeal which have no owner, with the intention of acquiring them, and according the rules laid down by law. Requisites: 1. there must be seizure of a thing 2. the thing seized must be corporeal personal property 3. the thing must be susceptible of appropriation by nature 4. the thing must be without an owner 5. there must be an intention to appropriate Specific instances: 1. hunting and fishing 2. finding of movables which do not have an owner 3. finding of abandoned movables 4. finding of hidden treasure
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Donations prohibited by law: 1. Made by persons guilty of adultery or concubinage at the time of donation; 2. Made between persons found guilty of the same criminal offense in consideration thereof; 3. Made to a public officer or his/her spouse, descendants or ascendants in consideration of his/her office; 4. Made to the priest who heard the confession of the donor during the latters last illness, or the minister of the gospel who extended spiritual aid to him during the same period; 5. Made to relatives of such priest, etc. within the 4th degree, or to the church to which such priest belongs; 6. Made by a ward to the guardian before the approval of accounts; 7. Made to an attesting witness to the execution of donation, if there is any, or to the spouse, parents, or children, or anyone claiming under them. 8. Made to a physician, surgeon, nurse, health officer or druggist who took care of the donor during his/her last illness; 9. Made by individuals, associations or corporations not permitted by law to make donations; and 10. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)
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rights through the lapse of time in the manner and under the conditions laid down by law. a. Ordinary acquisitive prescription: requires possession of things in good faith and with just title for the time fixed by law b. Extraordinary acquisitive prescription: acquisition of ownership and other real rights without need of title or of good faith or any other condition Requisites: 1) capacity to acquire by prescription 2) a thing capable of acquisition by prescription 3) possession of thing under certain conditions 4) lapse of time provided by law 2. Extinctive Prescription rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. Acquisitive prescription
1. relationship between the occupant and the land in terms of possession is capable of producing legal consequences; it is the possessor who is the actor 2. requires possession by a claimant who is not the owner 3. applicable to ownership and other real rights 4. vests ownership or other real rights in the occupant
5. results in the acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another
Extinctive prescription
1. one does not look to the act of the possessor but to the neglect of the owner
2. requires inaction of the owner or neglect of one with a right to bring his action 3. applies to all kinds of rights, whether real or personal 4. produces the extinction of rights or bars a right of action 5. results in the loss of a real or personal right, or bars the cause of action to enforce said right
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3. The first day shall be excluded and the last day included Persons Against Whom Prescription runs: 1. Minors and other incapacitated persons who have parents, guardians or other legal representatives 2. Absentees who have administrators 3. Persons living abroad who have managers or administrators 4. Juridical persons, except the state and its subdivision Persons against whom prescription does NOT run: 1. Between husband and wife, even though there be separation of property agreed upon in the marriage settlements or by judicial decree. 2. Between parents and children, during the minority or insanity of the latter 3. Between guardian and ward during the continuance of the guardianship Prescriptive period
g) 4 YEARS
Immovables
Rules on Computation of Period: 1. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor 2. It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary Prescriptive period
a) Imprescriptible
Actions
to declare an inexistent or void contract to quiet title to demand a right of way to bring an action for abatement of public nuisance to demand partition in coownership to enforce a trust probate of a will to recover possession of a registered land under the Land Registration Act by the registered owner
Actions
action to revoke donations due to non-compliance of conditions action to rescind partition of deceaseds estate on account of lesion action to claim rescission of contracts annulment of contracts for vice of consent actions upon a quasi-delict action to revoke or reduce donations based on birth, appearance or adoption of a child actions upon an injury to the rights of the plaintiff (not arising from contract)
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b) 30 YEARS
real actions over immovables (but not foreclosure) without prejudice to the acquisition of ownership or real rights by acquisitive prescription
h) 3 YEARS
actions under the eight hour labor law actions to recover losses in gambling money claims as a consequence of employeremployee relationship action to impugn legitimacy of a child if the husband or his heirs reside abroad action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth
c) 10 YEARS
actions upon a written contract actions upon an obligation created by law actions upon a judgment from the time judgment becomes final actions among co-heirs to enforce warranty against eviction in partition Mortgage action
i) 2 YEARS
d) 8 YEARS
action to
recover movables without prejudice to acquisition of title for a shorter period or to the possessors title under Arts. 559, 1505 and 1133
j) 1 YEAR
action to impugn legitimacy of a child if the husband or his heirs are residing in the city or municipality of birth forcible entry and unlawful detainer Defamation Revocation of donation on the ground of ingratitude Rescission or for damages if immovable is sold with an apparent burdens or servitude
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action for warranty of solvency in assignment of credits actions for loss or damage to goods under the COGSA e) 6 YEARS actions upon an oral (verbal) contract actions upon a quasi-contract action for annulment of marriages (except on the ground of insanity) and for legal separation counted from the occurrence of the cause actions against the co-heirs for warranty of solvency the debtor in credits assigned in partition action for the declaration of the incapacity of an heir (devisee or legatee) to succeed) all other actions whose periods are not fixed by law, counted from the time the right of action accrues k) 6 MONTHS actions for warranty against hidden defects or encumbrances over the thing sold redhibitory action based on faults or defects of animals
f) 5 YEARS
l) 40 DAYS