Documente Academic
Documente Profesional
Documente Cultură
",
I.
MANILA, PHILIPPINES
Arts. 414-773
VOLUME TWO
PHILIPPINE CIVIL LA W
OF
AN O U T L I N E
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
321
-A
NQ
Arts. 414-773
VOL. II
RICARDO C. PUNO
AND
JOSE B. L. REYES
BY
PHILIPPINES COPYRIGHT _
Second Edition -
1954
PHILIPPINES COPYRIGHT -
First Edition -
VOLUME TWO -
iii
I1~
Page
79
79
79
81
82
83
84
8G
88
80
90
95
99
118
118
122
132
142
TABLE OF CONTENTS
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
"
175
179
184
iv
6. Drainage of Buildings
~
7.. Intermediate Distances and Works for Certain Constructions and Plantings
.
186
Section 8. Lateral and Subjacent Support ~
~
188
Chapter 3. Voluntary Easements
.
189
TITLE VIII. NUISANCE --201
TITLE IX. REGISTRY OF PROPERTY
207
Section
Section
Section
Section
Page
TITLE VII. EASEMENTS OR SERVITUDES
149
Chapter 1. Easements in General
149
Section 1. Different Kinds of Easements
151
Section 2. Modes of Acquiring Easements
155
Section 3. Rights and Obligations of the Owner of the
Dominant and Servient Estates
158
Section 4. Modes of Extinguishment of Easements
161
Chapter 2. Legal Easements
164
Section 1. General Provisions
164
Section 2. Easements relating to Wateis _~_~
16'5
Section 3. Easement of Right of Way
.
.
,_ 170
CONTENTS
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
'j
vi
ProsserTorts
q.v.as was previously seen; or, please 'r efer
R.A: or Rep. ActRepublic Act
Ramponi-Il diritto di ritenzione (the right of retention)
Res. DRG or Res. Dir. Gen. de 'Registros-Resolucion del Director
General de Registros (Spain)
Royo-VilanovaDerecho Administrativo
RuleRules of Court
Salmond-Jurisprudence
Sanchez Roman-Estudios de Derecho Civil
Savigny-System of Roman Law
ScaevolaCodigo Civil Comentado y Concordado
Sec.-Section '
SedanDistrict Court of Sedan (France)
So.Southern Reporter
StolfiDiritto Civile
supraRefer to previous citation
TS"T'ribunal Supremo"': Decision of the Supreme Court of Spain
U.S.United States Reports
ValverdeEstudios de Derecho Civil
V."Vide": See or refer to
VifiasMeyLa Prenda Irl"egular, Rev. Der. P nv.
. 1925.
viz.namely
'W olfDerecho Civil Aleman' also in Enneccerus (supra) Vol. tIl
YheringLa Posesi6n
' .
I '
(OBJECT OF RIGHTS)
PROPERTY
BOOK II
PROPERTY, OWNERSHIP AND ITS'
MODIFICATIONS
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
, ..
r, "
.;.~.:
..
I.
Classification
A. By their transportability.
a. Immovables (usually held synonymous with realty, real property) (Art. 415).
1) By nature: that by their intrinsic quality
have no utllity except in a fixed place: (Art.
PRELIMINARY PROVISIONS
poreal things.
2) Credits.
3) Real rights, other than ownership over cor-
Includes:
1) Rights over incorporeal things.
corporeal things.
b. Incorporeal: things having abstract (ideal) existence, created by man and representing value.
or defense.
2) Of Municipalities and Provinces-Id.
3) Of Private Persons:
i) Individual.
ii) Collective.
c. Church and Religious P roperty These are not
provided for by the Code. ,They are governed by
,the rules of each ' religious organization. (For
424).
b. Private Prop erty:
1) Of the State: all not included in Art. 420 and
those no longer used for public use, service
B. By Ownership
a. Property of the Public Domain (outside the comNote: In Common Law, "pubmerce of man).
lic domain"- refers to disposable lands.
1) Of the State (Art. 430).
2) Of Provinces, Cities and Municipalities (Art. '
will of man.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
b.
2) Non-consumable:
D. By their autonomy.
a. Principal.
b. Accessory (destined to complete enhance or
ornament another property).
1) What is not deemed an accessory: Any sale,
legacy or donation, of movables 'or immovables, with what is therein contained, does not
include coins, securities, c1'edits and shares
the aeeds 'to which are found in the thing
conveyed, unless the will (intention) to extend the conveyance to them should clearly
appear (Art. 426L
IMMOVABLE PROPERTY
CHAPTER I
D. Capacity to alienate: 'g reater capacity is usually required for immovabl~s (f.e. see Art. 399).
E. As to !o1'eignel's: Movables follow the owner' immo'
vables are governed by lex 1'ei sitae,
F. Venue is usually determined by the location of the
immovable (Sec. 3, Rule 5).
movables (f.e. in double sale, Art. 1544). As to movables, possession is equivalent to title (Art. 559).
'-.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ly, the sale involves movable propert.y, Le. the materials (Laurent, citing the French Supreme Court).
B. Buildings are really immovables by incorporatior..
Hence their adherence to the land must be perma .
nent (n t provisional) and substantial. Portable
.structures are not immovables (Res. Dir. Gen. de Registros (Spain) 7 Aug. 1863).
a. "Adherence" may be direct or indirect. In French
and Italian law it means "supported ~y pillar or
column". Modern interpretations tend toward
broader tests requiring only permanence and
substantial attachment (Manresa).
C. The nature of a building as realty is independent of
the way the parties deal with it. A chattel mortgage
of a building, without the land, does not affect it
(Leung Yee vs. Strong Mach. Co. 37 Phil. 644), but
it is not for the Register of Deeds to raise the question, his duties being purely ministerial (Standard
Oil Co. vs. Jaramillo, 44 Phil. 630).
a. A house covered by a chattel mortgage cannot be
sold extrajudicially under Act No. 3135 which
covers only real e's tate mortgages. (Luna vs. Encarnacion 48 O.G. 2664).
.
D. A building is an immovable even if not erected by the
owner of the land. The only criterion is union or
incorporation with the soil.
(Ladera vs. Hodges
(CA) 48 O.G. 4374). Even if mortgaged as a cnattel, it is real property for pUrJ~oses of Rule 39, Sec. 16,
on execution sales (Manalang vs. Ofilada, L-8133,
May 18, 1956).
II. Paragraph 2-(Trees and Plants).
A. When trees are cut or uprooted, incorporation ceases
and they become movables; timber cut is still integral part of an immovable property when it constitutes the natural product of the latter.
B. Growing crops 'are movables for purposes of the Chattel Mortgage Law (Act 1508, Sec. 7).
C. For purposes of attachment: growing crops are to be
attached in the same manner as realty (Rule 59,
Sec. 7).
Ill. Paragraph 3-(Things Incorporated).
A. The breakage or injury in case of separation must
be substantial.
B. In the case of immovables by incorporation the Code
nowhere requires that the attach~ent be made by the
owner of the land. (Ladera vs. Hodges (CA) 48
O.G. 5374).
C. Wells, sewers, aqu uets and railw~ys fall under this
, number (Manresa).
IV. Paragraph 4-(Fixtures and Ornaments).
A. Requisites:
.
a. Placed by the owner or by a tenant as agent of
the owner (Valdez vs. Altagracia, 225 U.S. 58).
""
...
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
./
A. Requisites:
a. Placed by the owner, or by a tenant as agent of
the owner, with the intention of permanent attachment.
b. Forming a permanent part of the immovable.
MOVABLE PROPERTY
CHAPTER 2
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.,
10
III. Examples under No. 3A. Gas and electricity are movables.
(U.S. vs. Carlos, 21 Phil. 553).
(U.S. vs. Tambunting, 41 Phil. 363).
II. Examples under No. 2-A. Growing crops--under the Chattel Mortgage Law.
B. Machinery installed by a lessee (not acting as agent
of the owner).
3a
11
II. The character of public property is not affected by possession or even a Torrens Title in favor of private .persons (Palanca vs. Commonwealth, 69 Phil. 449).
CHAPTER
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
I. The State has the same ri~hts over this kind of property
as a private individual in relation to his own pr.ivate
property. This kind of propertyA. Enables the State to attain ih: economic ends.
B. Serves as a means for the state's subsistence and pre. servation.
C. Enables the State to fulfill its primary mission
(Manresa).
III. Distinction-
1. "Shores'" refer to land covered and uncovered by tidesalthough it be originally private land. (Gov't. vs. Caba~
ngis. 53 Phil. 112).
II. Examples of No.2 (for public service or development
of national 'wealth).
A. Fortresses, unleased mines, a~d civil buildings (Royo' Vilanova).
B. Armed forces equipment, not declared surplus.
13
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
14
necessities (Bonet).
, F. A p~b}.ic square, on which buildings a r e constructed
for storage purposes and for use as quarters for
"c~adrilleros", is thereby c0nverted into patrimonial
property of the "pueblo" (Municipality of Oas vs.
Roa" 7 Phil. 20).
G. The mere attempt by the municipal authorities to
sell to pr.ivat~ persons a parcel of land used as a
school 'site, with the idea of acquiring a more suitable
property, does not have the effect of converting it
into patrimonialpr0perty of the municip~lity CMuni~
cipality of Batangas vs. Cantos, et al. G.R. No. L4012, June .3 0 , 1952).
15
J
'
ART.
'~.'
'. .'
b. Charactersistics:
1) The holder must be able to act directly upon
the thing by himself. In usufruct, the usufructuary enforces his right to the fruits by
harvesting them himself, and restraining directly those interfering with his rights.
In personal rights the holder must enforce
his rights thr ough another's action. Thus,
the lessee can not proceed against an intruder in his own right but must ask the lessor to quiet possession. The enforcement is
. 16
17
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
5) A real right is extinguished by the destruction of the ' object. Personal rights survive
destruction (Sanchez Roman).
d. Classes of Real Rights:
1) Of Full control:
i) Ownership.
ii) Possession.
2) Of Enjoyment:
i) Usufruct.
ii) Servitudes.
iii) Lease record
(Most commentators
doubt whether this is truly a real right).
3) Of Guaranty:
i) . Mortgage:
ii) Pledge.
iii) Antichresis.
18
19
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Title II.OWNERSHIP
CHAPTER I
OWNERSHIP IN GENERAL
of others .
20
A. By the s u b j e c t
1) Public.
2) Private.
i) Individual.
ii) Collective.
B. By the o b j e c t
1) Over movables.
2) Over immovables.
C. By the juridical relationr1) Full.
2) Less full:
i) Divided--where there are many owners
(coownership) or where control resides
in one person, and benefits go to another (legal and equitable title).
ii) Encumbered-aa) Materially-affecting its enjoyment, e.g. by easement.
ab) Formally-affecting its disposition, e.g. by mortgage.
21
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Dir. Civile). In France, the erection of false structures solely to deprive a ,neighbor of views (Colmar,
May 2, 1855) or to erect an unnecessary covering,
painted in black, to darken the neighbor's house (Sedan, Dec. 17, 1907) have been declared abusive exercises of the right of ownership. This is the meaning of the maxims "sic utere tuo ut alienum non laedas" and "alterum non laedit qui jure suo utitur".
(See Art. 431) . See Vol. I, pp. 29-30, (Liniitations to
the Exercise of Rights).
B. Limitations to the right of excluding others:
a. Everyone is bound to bear the habitual inconveniences that result f r o m the proxi mity of
others, and so long as this limit is not passed,
. he may not complain. But, on the other hand,
if the damage exceeds the trouble that such proximity habitually brings, the neighbor who causes
such disturbance is held responsible (France, Requetes, 5 Dec. 19Q4; Cass. 19 April, 1905; 24
July, 1908). Excess constitutes nuisance (q.v.).
b. Duty to permit entry.
1) The, owner of a thing has no right to prohibit t h e interferen,ce of another with the same,
if the interference is necessary to avert au
imminent danger and the threatened damage, compared to the damage arising to the
owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to
him (Art. 432). (Compare this rule wit.h
the requisites of self defense).
2) The owner of a swarm of bees shall have a
right to pursue them to another's land, indemnifying the possessor of the latter for
the damage. If the owner has not pursued the swarm, or ceases to do s,o within
23
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.'
24
25
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
property rights."
95) .
27
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
28
B. Proof of identity-which may be shown by a description of its borders. Borders are either
a. Natural-consisting of permanent landmarks,
ART. 433. Actual possession under claim of ownership raises a disputable presumption of ownership.
The true owner must resort to judicial process for
the recovery of the property. (n)
.
to it
If, in that case the vessel had been permitted to
remain, and the dock had suffered an injury, we believe the shipowner would have been held liable for the
injury done.
"Theologians hold that a starving man, may, without
moral guilt, take what is necessary to sustain life; but
it could hardly be said that the obligation would not be
upon such person to pay the value of the property so
taken when he became able to do so. And so public
necessity, in time of war or peace, may require the taking of private property for .public purposes; but under
our system of jurisprudence compensation must be
made." (Vincent vs. Lake Erie Transp. Co. 109 Minn.
436, 124 N.W. 221). See note, p. 23.
ART. 435. No person shall be deprived of his property except by competent authority and for public
use and always upon payment of just compensation.
Should this requirement be not first complied
with, the courts shall protect and, in a .Droper case,
restore the owner in his possession. (349a)
~nexplaine
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
28
B. Proof of identity-which may be shown by a description of its borders. Borders are eithera. Natural-consisting of permanent landmarks,
ART. 433. Actual possession under claim of ownership raises a disputable presumption of ownership.
The true owner must resor~ to judicial process for
the recovery of the property. (n)
ART. 435. No person shall. be deprived,of his property except by competent authority and for public
use and always upon payment of just compensation.
Should this requirement be not first complied
with, the courts shall protect and, in a Droper case,
restore the owner in his possession. (349a)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
30
C. Upon payment of just compensation. This compensation is determineda. As of the time of "taking" (Prov. Govt. of Rizal ,
vs. Caro, 58 Phil. 308).
b. By taking 'into consideration the "market value"
which is the value that the property will bring
when it is offered for sale by one who desires
but is not obliged to sell it, and is bought by on,
who is under no necesssity of having it, plus the
consequential damages, if any, min us the consequential benefits, if any. (Municipality of Pilar,
Sorsogon, vs. Guamil (CA) 45 a.G. (Supp. No.
5), 205, citing Manila Railroad Co. vs. Fabie,
17 Phil. 206).
c. The power of eminent domain may not be used
as a shield in order to avoid the payment of a just
and valid contractual obligation (Noble vs. City
of Manila, 67 Phil. 1).
31
(350a)
B. The former is always premised upon just compensation; while this is not so in the latter case.
1. This is an exercise of the "Police Power". Here condemnation for health reasons takes the form of what is
known as the "Abatement of Nuisances". (See post., p.
203.)
II. Distinguished from Eminent Domain:
A. In eminent domain, the property is preserved and
\
devoted to public use; in abatement of nuisance, the
property is destroyed in the interest of health, safety
or security.
(n)
d. Confiscation of private property by the revolutionary government is illegal (Endencia vs. Lualhati,
9 Phil. 177). But enemy property may be sequestered or seized for the duration of the war
(Haw Pia vs. China Bank, 45 aG., Supp. No.9,
p. 229) .
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
34
GENERAL PROVISIONS
RIGHT OF ACCESSION
CHAPTER 2
35,"
A. Requisites:
a. Increase or addition to the original thing.
b. At repeated intervals (periodicity).
c. By inherent forces.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
pr~l.
36
'
c. Civil: periodical (reiterable) inc1'ease of incorporeal property due to operation of law (rents, annuities. etc.).
1) Bonus to planters for the risk undergone in
mortgaging their property to secure the central's debts are not fruits (Bachrach vs. Talisay, 56 Pril. 117).
2) But stock dividends are fruits (Orozco vg.
Araneta, et al. G. R. .No. L-3691, Nov. 21.
1951) .
B. By their Separation fro1Y~ the Principal.
a. Pending: Attached to the principal.
b. Gathered: Separated from the principal.
1) Civil fruits accrue !1'om day to da.y (Art.
544).
2) Other fruits, from separation.
C. By their Existence.
a. Existing (manifest or pending).
1) Plants Single crops are deemed pending
upon appearance of shoots; periodic crops,
upon actual appearance of fruit.
37
B. The expenses must not be superfluous but cornmensu. .rate with the normal needs of production (Manresa).
III. Requisites:
. A. The expenses are those dedicated to .the needs of annual production and not for the mere enhancement or
improvement of the estate, nor for mere luxury.
A. Exception:
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
38
39
ART. 447. The owner of the land who makes ther.eon, personally or through another, plantings, constructions or works with the materials of another,
shall pay th~ir value ; and, if he acted in bad faith;
he shall also be obliged to the reparation of damages. The owner of the ~aterials shall have t h e
right to remove them only III case he can do so wIthout injury to the work constructed. or without the
plantjngs, constructions or works .being de~troyed.
However if the landowner acted III bad faIth, the
owner of the materials may remove them in any
event. with a right to be indemnified for damages.
(360a)
nor intended to apply to constructions made exclusively for prosecuting a war when military
necessity is temporarily
paramount (Republic v.
,
;
~ara, 50 OG No. 12, 5778).
b. Buildings ana improvements, by the labor of
either spouse, or at the expense of the conjugal
partnership, on the private land of either spouse
is conjugal, and the land on which the building
is erected becomes conjugal, subject to right of
the owner-spouse to indemnity for the value of
the land. Here the rule is reversed, the principal
(land) follows the accessory (building) in the interest of constructions on vacant lots (Art. 158).
Here "buildings" do not include' warehouses
(Phil. Sugar vs. Poizat, 48 Phil. 555).
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Bad Faith
in good faith (Art. 453) .
Bad Faith
.
1. Lose them without right to
indemnity (By analogy with
Art. 449).
Good Faith
1. Remove materials in any
event.
2. Be indemnified for damages
(Art. 447).
Good Faith
Owner of Mate1'ials
40
A. Good faith in the Builder (landowner) lies in his belief that the mat~rials belong to him and his ignorance
of any defect or flaw in his title (See Art. 526).
a. But .his negligence may subject him to ilability
for damages (Art. 456).
.Bad Faith .
(Same as though both 'acted
Good Faith
1. Acquire with~ut . paying indemnity (By analogy with
Art. 449).
Bad Faith
1. Acquire after paying' value
and paying indemnity for
damages (Art. 447) but subject to material owner's right
to remove.
Good Faith
1. Acquire the building, planting, or sowing after paying
indemnity for value of materials (Art. 447) .
Landowner
and
Builde1', Plan~e1' or . Sower
ART.
41
451. In the cases of the two preceding- art-icles, the landowner is entitled to damages from the
builder, planter or sower. (n)
A~T.
448. The owner of the land on which anything has been built, sown or' planted in good faith,
shall have ~he right to 3:pprop~'~ate as his own the
'works, sowmg or plantmg, after payment of the
indemnity provided for in articles 546 and 548, or
to oblige the one who built 01' planted to pay the
price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot
be obliged to buy the land if its value is considerably more than that of the building- or trees. In
such case, he shall pay reasonable rent, if the owner
of the land does not choose to appropriate the building or tn~es after proper indemnity. The parties
shall agree upon the terms of the lease and in case
of disagreement, the court shall fix the terms thereof. (361a) ,
ART.
~-r
42
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
L. Article 448 cannot be invoked in a case where 'a , c o owner builds, plants, or sows on the land owned in
common (Abicida Vda. de Arias vs. Aguilar (CA)
40 OG (5th Supp.) 126).
M. A lc~see is neither a Builder in Good Faith, nor in B a d
Faith. (Alburo vs. Villanueva, 7 Phil. 277). His
rights are governed by Art. 1678.
N. Article 449 applies to standing crops only (Dizon
Rivera, CA, 39 OG 1744), not gathered fruits.
44
VB.
III. Table of Rights and Obligations-A. WHERE THE LANDOWNER IS NOT THE IMPROVER.
Builder, Planter or Sower
and
Owner of Materials
Landowner
Good Faith
Good Faith
1. Landowner' has OPTION to
(Art. 448):
a. Sell land to Planter or
Builder or collect rent
from Sower;
Unl~s8 value of land is
considerably more. than
that of building or trees
in which case builder or
planter to pay rent under
terms fixed by parties or
Court (Art. 448)
OR
h. Acquire improvement upon
paying indemnity.
aa. Indemnity to be either:
(1) Original cost of
improvement (not
ornaments) or
(2) Increase in value'
of whole
(Plus
value) (Arts. 546,
548).
Bad Faith
Good Faith
1. Option to:
a. Acquire
improvements,
without paying indemnity, and collect damages j
or
b. Sellla'.1d to Builder, Planter, or rent land to Sower,
and collect damages in
both cases; or
indemnity.
2. Recover necessary expenses
for preservation of land.
3. Pay damages to landowner
(Arts. 449, 450, 451, 452).
45
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
7
en
"'J
en
~. _
~--~
'-'
11>-'"
<:1l~
c.:>
r'" ~,
?;'>1
__ I'l
I'l..
~b::l
....lI'
1. Acquire
Good Faith
improvements and
pay indemnity to B, P or S.
2. (a) Sell to B or P.
Exception: If value o f land
cClnsiderably more, forced
lease.
(b) Rent to S.
Good -Faith
1. Acquire improvements and
pay indemnity to B, P, or S j
subsidiarily liable to owner
of materials
2' (a) Sell land to B or P . Exception If value of land is
considerably more.
(b) Rent to S. (Arts. 448,
546, 455),
CD
c+
'<
::s
~.
I'l
'>1
c+ 0
~ ::s ~
0
'1
~.
>oj
=
~
~~~
on
_CQ ::;
II>11>- ....
~~
;:t.'d
!1' en
~
........
...
.S ~
Bad Faith
Good Faith
o :<!
~eO
Good Faith
1. Collect value of materials
primarily from B, P, or S;
subsidiarily from landowner
if B, P or S insolvent.
2. Remove only if without injury (Arts. 455, 447) .
right to indemnity
449).
2. Pay damages.
sary and useful expenses.
2, Keep building, planting or
sowing without indemnity to
ovmer of materials and col-
(Art.
~.
t'"
:s
o
....
t".I
"'d
"'d
....
II:
....
"'d
o>:j
t".I
t3....
t'"
o....
<:
....
t".I
:g....
"'d
:=I
oF
~
= ~ LNEZ
g. .... =
to
=~~
Q..
0 t-O.
OWNER ARE
'-'
~~~!1'
'"
. ....o ~ ::so ....
0
=
lI'
lI' ill s
'~
II>-
Owner of
Materials (OM)
MATERIAL
'S
~...
--- ....~
-'l
II>-~
~.
<:1l=
0
~
::r'O
~ I'l.
>oj
e:S
o
II>-S
S'
~
E!.
~~
~ go
Ss
O::S
>oj ....
.... ""~
>oj "'d
~
~
~Om'<~
Ql
II>-'t;l
Good Faith
1. Right of retention for necessary and useful expenses.
2. Pay value of materials to
owner of materials. (Arts.
546, 455).
Builde?', Plante?'
or
Sower (B, P, S)
I'l
I'l..
f"'~
!"
;:t.
>~
--O:l
oq
g~
Landowne?' (LO)
...,
s::
S'
o
~s
cr~'d
en~ ~
>oj
mn g
-:-'~7
os::
tp ....
oq .S:
---
~
~
~>oj::;;
II>-~Ui'S:~~~P"'J
-1 en ~ 0 - oq ~.!;l ~
II>-
....
g ~~ ~
>oj:<!S' ~""
::;; .... 'd S ::r'!"l
~ ~lr
1I>->:1g.[
~ntp
g 'd go g-
__ ;;)~[O~[t"'
>n::s
... ~~ .... ~
;:t. ........ -..::s--::s
E:
~.
cr~
~~
UJ
rn
--
00
(8, P,S)
(LO)
(OM)
him
Good Faith
Bad Faith
Bad Faith
1. Option to:
a . Acquire improvement w l o
paying indemnity and coilect damages, o r
b. Demolition or restoration,_
and, coIlect damages; or
c. SeIl to B 61' P, or rent to
S, a n d cofIect damages.
2: Pay necessary expenses to
B, ' P or S (Arts. 449, 450,
451) .
Bad Faith
c::
~
....
t"
t".l
'%j
"d
....==
C
"tl
"tl
....
t".l
Bad Faith
(Same . as when all acted i n good faith
Bad Faith
1. Acquire improvements after
paying indemnity and damages to H, P or S unless latter decides to remove.
2. Sub,s idiarily liable t o o w n e r
of materials (Arts. 454,
Bad Faith
Good Faith
1. May remove improvements.
2. Be indemnified for damages
in any event. (Arts. 454,
447).
<:
....
(Art. 453) .
Good Faith
1. Remove materials if ,possible
without injury.
2. Collect value of materials.
p r i m a r i y from B, P or S;
subsidiarily from LO ( Arts.
t"'
t"
447,455).
447, 455).
(LO)
Ba'd Faith
1. Acquire improvements after
ind~ity; ' sub8idiatily
Ii.
(B, P, S)
(OM)
Bad Faith
1. Right of ret~ntion for 'neces.
Good Faith
1. Collect value of materials
primarily from B, P or S;
subsidiarily from LO.
2. Collect damages.
3. If B, P or S acquIres improvements remove materials
in any event (Arts. 447,
s a r y expenses.
2. Pay value ~ of materials to
owner of materials and pay
him damages (Arts. 546,
447).
tl:>o
to
Good F a i t h
1. Optlon toa . Acquire without paying indemnity and collect damages.
b. Sell to B, P , or rent to
S ~Ulrl colIer~t damages or
c. Demolish or restore and
collect damages.
2. Pay n~essa1"Y expenses to
B. P or S.
3. Subsidiarily liable to owner
of materials (Arts. 449,
455) .
. Bad Faith
1. Recover necessary expenses.
(Arts. 452, 443) .
.
2. Loses improvements without
right of indemnity from LO.
(Art. 452) unless L0 sells
land.
Good Faith'
value of materials
and damages from B, P and
S.
2. Remove materials in any
event if B, P or S acquires
improvements ( A r t . 447).
1 . Collect
c::
~
o
'%j
"tl
tIl
....
t:
"d
:g
t".l
C':l
....
::l
t"'
t"'
>
~
450, 451).
Bad Faith
1. Acquire imprO,v ements and
pay indemnity and damages
to B. P 01' S ( A r t s 454, 47'7),
unless latter decides to remove.
Good Faith
1. Indemnity for damages.
2. Remove iIppr~vements in any
event (Arts. 4 5 4 , 447) .
Bad Faith
1. No indemnity; loses materials (Art. 449) . .
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
h
,
OUTLINE OF PHILIPPINE CIVIL LAW
'
51
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
'
52 ,
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
II. Under the old Code, it was ruled that if the river dries
up entirely (Pinzon vs. Rama (CA) 2 OG (PEC 307),
the old bed accrues to the riparian owners if the government does not claim it, The solution under the present
rule would seem to favor the retention of ownership of
the bed in t he name of the government, since there is no
injury to private parties.
III. The rule of our present Art: 461 is that of Art. 563
of the French Civil Code. It is interesting to note that
by a Law of April 8, 1898, the French abandoned such
rule as impractical, and 'adopted that of our old Civil
. Code (1889) Art. 370, granting the abandoned bed to the
old riparian owners. We have reversed the process.
ART. 462. Whenever a river, changing its course
by natural causes, opens a new bed through a private estate, this bed shall become of public dominion.
( 372a)
ART. 463. Whenever the current of a river divides
itself into branches, leaving a piece of land or part in~o
thereof isolated, the owner of the Land retains his
ownership: He also retains it if a portion of land
is separated from the estate by the current. (374)
ART. 464. Islands which may be for med on the
seas within the jurisdiction of the Philippines, on
lakes, and on navigable or floatable rivers belong
to the State. (371a)
ART. 465. Islands which through successive ac- a~
cumulation of alluvial deposits are formed in nonnavigable and non floatable rivers, belong to the
owners of the margins or banks nearest to each of ba~
them, or to the owners of both margins if the island the~owners'?fOf
is in the middle of the river, in which case it shall
to Movable Property
466. 'Whenever two movable things belonging to different owners are, without bad faith..
united in such a way that they form a single object,
ART.
54
55
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION
PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
56
I. Accession exists only if separation is not possible. Otherwise, separation may be demanded. (Art. 469).
II. Kinds:
A. Adjunction:
a. It is the union of materials of different owners
making up a new thing (separation being impossible without injury) (Arts. 466, 469).
b. Each component retains its own nature.
B. Mixture: It is the union of materials where the components lose their identity.
a. Conmixtion (in case of solids).
b. Confusion (in case of liquids).
C. Specification:
It is the transformation of another's material by
the application of labor. The material becomes a
thing of a different kind.
57
ART. 469. Whenever the things united can be separated without injury, their respective owners may
demand their separation.
Nevertheless, in case the thing united for the use,
embellishment or perfection of the other, is much
more precious than the principal thing, the owner
of the former may demand its separation, even
though the thing to which it has been incorporated
may suffer some injury. (378)
the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its
value. (375)
dam~~.
See the
59
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART.
1. Summary of the rules of indemnificationA. Indemnity for the material, how paid:
Either by
(Art. 471)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
instrument or other obligation has been extinguished or has termmated, or has been barred by extinctive prescription.
II. Classes:
. A. Preventive (Action quia timet) to preven t a future
cloud (doubt) from being cast upon title to real. pro
perty or an interest therein (Art. 476, par. 2).
B. Remedial (Action to quiet title)-the action may be
brought to remove a cloud or quiet title to real property or any interest therein, whenever:
a. There is a present cloud on title that may be
prej udicial to the same.
b. A cloud exists by reason of any
1) Instrument (deed) or contract; or
2) Record; or
3) Claim; or
4) Encumbrance; or
5) Proceeding; or
6) Obligation
that is apparently valid or effective;
.
c. But in truth and in fact, such instrument, etc., is
1) Invalid; or .
2) Ineffective; or
3) Voidable; or
4) Unenforceable; or
5) Extinguished or terminated; or
6) Barred by extinctive prescription (Arts. 476,
p. 1; 478).
62
ART. 479. The 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 the plaintiff's benefit.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Title III.CO-OWNERSHIP
II. Sources:
A. Law (party walls, hedges and ditches; between surviving spouse and heirs of deceased).
I. Concept-It exists where the ownership of a thing physically undivided pertains to more than one person. Hence,
it is defined as
B . Contract.
A. Characteristics:
a. Each co-owner holds an ideal portion, definite
in amount, but not physical1y identifled.
b. Each co-owner has absolute control of his ideal
share.
c. Co-owners must observe mutual respect in regard
to the use, enjoyment and preservation of the
thing as a whole. (Scaevola).
Hence: "a co-owner has the right to freely sell
and dispose of his undivided interest but
no right to sell a divided (definite) part '
of the .real estate owned in common" (Lopez vs. Ilustre, 5 Phil. 568-569).
B. Classes: Multiple ownership of an undivided object
may be:
a. Tenancy in com1non-invcilving a physical whole,
and ideal division; ownership by the ipdividual
coowners .r esults.
b. Joint tenancy-involving a physical whole, and
resulting in ownership in the group.
66
PARTNERSHIP
AA. Is created
GO-OWNERSHIP
C. May be represented by
any partner (unless
otherwise agreed).
)
67
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
F. May be dissolved by
any partner's death.
IV. Duration:
A. Contractual Co-ownershipAn agreement to keep a thing undivided for not
more than ten (10) years is valid. This period may
be extended by a new agreement (Art. 494) .
a. New agreement means a contract entered into
after the lapse of the first period of 10 years
Otherwise the limitation could be easily defeated.
B. Non-contractual Co-ownership-(See "Termination,"
post, page 76-78).
.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.
OUTLINE OF PHILIPPINE CIVIL LAW
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be bmding.
There shall be no majority unless the resolution
is approved by the co-owners who represent the con- ~on.
trolling interest in the object of the co-ownership.
Should there be no majority, or should the resolution of the majority be seriously prejudicial to those
interested in the property owned in common, the
court at the instance of an interested party, shall
order'such measures as it may deem proper, including the appointment of an administrator.
.
Whenever a part of the thing belongs exclusively belo~gs ex~lusively
to one of the co-owners, and the remamder is owned
in common, the preceding provisions shall apply
only to the part owned in common. (398)
ART.
(Castan):
They are
III. The minority may appeal .t o the Court against the majority's decision, if seriously prejudicial. Examples:
A. When an alteration is decided upon;
B. When it is prejudicial to the rights of an individual
co-owner;
C. When serious risk is incurred;
D. When there is refusal to correct maladministration',
E. When fraud is committed upon the minority (Manresa, Castan).
IV. A majority is not enough: for alteration, encumbrance, disposition (Gala vs. Rodriguez, 70 Phil. 124).
A. Long term lease (over 6 years) by a majority is void
(Melencio vs. Dy Tiao Lay, 55 Phil. 100).
ART. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits
pertaining thereto: and he may therefore alienate,
assign 61' mortgage it, and even substitute another
pers.on in its enjoyment, except when-personal rights
are mvolved. But the effect of the alienation o r the
mortgage, with respect to the co-owners shall be
limited to the portion which may be alloted to him
in the division upon the termination of the co-ownership. (399)
73
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
74
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
I. Extinction of Co-ownership.
A. Causes-
ii) W hen the condition of indivision is imposed by the transferor (donor or testator) (not to exceed 20 years) (Art.
494).
iii) When the legal nature of the communi-
76 .
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
78
WATERS
Section 1.-Ownership of Waters
79
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
,I
OUT.L INE OF PHILIPPINE CIVIL LAW
a. Running water:
1) Rivers and their natural channels (Art. 502
[1]) ;
2) Continuous and intermittent water from
springs and brooks, running in natural channels and the channels themselves (Art. 502
[2]) .
A.
572).
80
81
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
'.
a. By administrative concession.
1) Under the Irrigation Acts, by the Director of
Public Works, with the approval of the Department Secretary.
2) For water power, by legislative franchise
(Act 4062).
b. By prescription (of 20 years under the Spanish
Civil Code): reduced to 10 years by Art. 504;
(But see the Irrigation Acts).
B. How lost:
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 513. Waters artificially brought forth in accordance with the special Law of Waters of August 3, 1866, belong to the person who brought them
up. (418)
ART. 514. When the owner of waters artificially
brought to the surface abandons them to their natural course, they shall become .of public dominion,
(419)
Section 5.-General Provisions
MINERALS
III. Location:
A. Entry into private land must be with the owner's
consent or upon compensation fixed by the prospector and owner, or the Director o f Mines, or by the
Court.
B. Basis of this location is "discovery" (finding) of mi. neral, but the location must be within 30 days from
discovery.
85
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
c. Procedure :
a. Lode claims (original formation in rock) ; 1) The claim should be r ectangular as far as
possible.
2) Size of the claim:
For metals-9 hectares for each locator.
For precious stones-4 hectares for each lo- .
cator.
For salines and mineral waters-4 hectares
for each locator.
.3) The steps to be followed in "locating":
i) Mark the discovery post;
ii) Mark the direction of the vein ("location line") by posts and notices;
iii) Mark the boundaries and corners of the
claim, with corner notices.
b. Placer claims: (ore in loose or broken formation)1) The claim may be irregular in shape.
2) The size: 8 hectares per person;
64 hectares for associations or
corporations.
3) Location: The boundaries and corners of the
claim must be marked.
D. Registration must be made, within 60 .days from location, ofa. Declaration of location;
b. Affidavit of posting of legal notices;
c. Proof of locator's citizenship or 60 % interest belonging to citizens.
E. Number of claims: The law limits these to not more
than three per vein or placer ground.
86 ,
b. Kinds of leases :
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 520. A trade-mark or trade-name duly registered in the proper government bureau or office
is owned by and pertains to the person, corporation, or firm registering the same, subject to the
provisions of special laws. (n)
ART. 521. The goodwill of a business is property,
and may be transferred together with the right to
use the name under which the business is conducted.
(n)
ART. 522. Trade-marks and trade-names are governed by special laws. (n)
use.
b. There should be one application for each class of
goods and services.
c. The application and certificate of registration are
to be published in the Official Gazette.
88
C. Registration shall not be granted, unless they have beCome distinctive, in cases of
Immoral, deceptive, scandalous or disparaging
matter;
b. Those which falsely suggest connection with persons, institutions, beliefs or symbols;
c. The n,ational flag coat of arms or insignia of any
nation;
d. The names, portrait, or signature of a living person, without his consent, or of a deceased Presiwithout t h e consent of his widow;
dent
.
e. Resemblance to some other trade-mark, likely to
cause deception to customers;
f. Merely descriptive, geographically descriptive or
deceptively descriptive terms;
g. Surnames.
D. Duration of the privilege: The protection granted is
for 20 years renewable for 20 year periods upon application within 6 months from expiration.
E. Registration is subject to cancellation for:
Becoming a common descriptive name;
b. Abandonment;
c. Fraudulent or illegal registration;
d. Use to misrepresent the source of goods.
a.
89
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
. \
OUTLINE OF PHILIPPINE CIVIL LAW
competition. .
I Goodwill includes every positive advantage arising
out of the business of the old firm, whether connected
with the premises, or name, or with any other matter
carrying with it the business of the old firm (see 24
Am. Jur . p. 803).
TitleV-POSSESSION
CHAPTER 1
CH~TER
POSSESSION
AND THE KINDS THEREOF
.
The right, as independent and apart from ownership, is termed right OF possession (jus possessionis) ; to be distinguished from the right T O possession which is a mere incident of ownership (jus pos-
sidendi) .
B. Requisites of possession
a. Holding or control of a thing or right;
. b. Deliberate intention to possess;
c. By virtue of one's own right (not necessarily as
owner but
the effect of a right claimed by the
. holder).
as
91
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 530. Only things and rights which are susceptible of being appropriated may be the object
of possession. (437)
.
ACQUISITION OF POSSESSION
ART. 531. Possession is acquired by the material
occupation of a thing or the exercise of a r i g h t or
by the fact that it is subjec t.o the action of Qur
will, or by the proper acts and legal formalities e s tablished for acquiring such right. (438a)
1. Manner of acquiring possession: .
A.' Material occupancy of the thinga. Includes constructive delivery (tradition b?"evimany and constitution possessorium).
b. The possession of a portion of a tract of land,
under claim of ownership of the whole, is constructive possession of the whole' tract, provided
that the remainder is not adversely possessed by
another (Ramos vs. Dir. of Lands, 39 Phil. 175).
But the area constructively possessed must be
reasonable. "Mere planting Qf a sign or symbol
of possession cannot justify a Magellan-likeclaim
95
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
. ART. 538. Possession as a fact cannot be recognized at the same time in two different personali.ties except in the cases of co-possession. Should a
98 .
in case of dispute :
preference shall be
given
.
.
a. To the actual possessor (in fact) :
b. If there are two or more possessors, to the oldest;
c. If dates are the same, to the one who exhibits
.
title thereto;
d. If all these conditions are equal, the thing shall
be placed in judicial deposit, until possession
or ownership is determined in proper pr oceedings (Art. 538) .
C. But possessors may co-exist if of different degrees.
(e.g. owner and lessee).
,~ Criteria
CHAPTER 3
EFFECTS OF POSSESSION
ART. 539. Every possessor has a right to be respected in his possession ; and should he be disturbed
ther ein he shall be protected in or r estor ed to said
99
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor.
ART. 541.
in his favor
with a just
or prove it.
ART. 542. The possession of real property presumes that of the movables therein, so long as it is
not shown or proved that they should be excluded.
(449)
ART. 543. Each one of the participants of a thing
possessed in common shall be deemed to have exclusively possessed the part which may be allotted
to him upon the division thereof, for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a part of a
thing possessed in common shall be to the prejudice
of all the possessors. However, in case of civil interruption, the Rules of Court shall apply. (450a)
ART. 544. A possessor in good faith is entitled to
the fruits received before the possession is legally
interrupted.
Natural and industrial fruits are considered received from the time they are gathered or severed.
Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (451)
. ART. 545. If at the time the good faith ceases,
there should be any natural or industrial fruits, the
possessor shall have a right to a part of the expenses
of cultivation, and to a part of the net harvest, both
. in proportion to the time of the possession.
103
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
104
105
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
f1~
554. A present possessor who shows his possession at some previous time, is presumed to have
held possession also during the intermediate period,
in the absence of proof to the contrary. (459)
ART.
'
107
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
vs. Lim, 50 Phil. 738) with intent to prevent redemption, come under this rule.
NOTE: Necessary and useful expenses can not be
set off against fruits gathered by the
possessor (Toquero vs. Valdez, 35 OG
[102] 1799).
C. Ornarnental (Luxury) Expenses- (which add to the
value of the thing only for certain determinate persons) (f.e., gardens, murals, statuary; Art. 548).
a. Possessor in good faith: He has no right to reimbursement. The owner has the option to
either (Art. 548) :
1) Retain the ornament by refunding the amount
spent; OR
ment provided the principal thing is not in jured (to the extent of impairing its value '
or of requiring extraordinary repairs).
b. Possessor in bad faith: He has no right to reimbursement. The owner's option is, either to:
1) Retain the ,ornament by paying its value at
the tirne of taking possession (cf. possessor
in good faith) : or
c. As to ornarnental expenses:
1) To allow removal of ornaments (if possible without injury) ; OR
2) To refund the amount expended to the possessor in good faith or "plus value" to the
possessor in bad faith.
No right of re-
109
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
SUBJECT
1. Fruits
Gathered.
POSSESSOR IN
BAD FAITH
1. To Possessor.
1. To owner (received
and might have received) .
2. Cultivation
Expenses.
2. Reimbursed to
Possessor (Art.
545).
3. Prorated according
to Time (Agricultural Year) (Art.
545).
3. To
owner
362).
4. Production
Expenses.
I 4.
(Art.
No indemnity (Art.
449)
in case of
pending fruits.
5. Necessary
Expen ses Preserva.t ion).
'~-I
(Increase Produc
vity or objective vaIU~). .
.
6. Reimbursedo t Pos-
I.
sessor.
(Owner's
Option)
a) Initial cost or
b) PLUS
value
(Retention) . .
(Art. 549).
May remove if
no
reimbursement (Art. 547)
and no damage is
caused to the
principal by the
removal.
110
7. Ornamental Expen
ses (increase subjective value).
POSSESSOR IN
GOOD F A I T H
POSSESSOR IN
BAD FAITH
7. Reimbursement
at
Owner's option:
a) Removal if no injury, OR
b) Cost without removal (Art. 548)
7. Owner's Option
a) Rem ova l OR
b) Value at time of
recovery
(Art.
549).
9. No
riora~~on.
SUBJECT
._ - - - - -- -
--
6. No Reimbursement
(Art. 549)
reimbursement.
9. No
reimbursement.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
...
(ad-
year
i) This refers to possession "de facto" and
not "de jure" (Caballero vs. Abellana, 15
Phil. 534) ,
ii) The possessor in this case loses the
right to a summary action; but he may
still bring accion publiciana or reivindicatoria, until the action prescribes by
ordinary or extraordinary prescription
(Rodriguez vs. Taino, 16 Phil. 301).
113
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
(Arts. 537,
115
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
b. But one who has lost or has been unlawfully dep'rived of it, may recover it from whomsoever
possesses it, without reimbursement ordinarily
(U.S. vs. Rapinan, 1 Phil. 294).
1) The owner of the movable must prove: (1)
ownership of the thing and (2) loss 01' unlawful deprivation; or else bad faith of the
possessor. Title is not enough, unlike in real
property (Manresa) to justify recovery.
[Sotto v. Enage, (CA) 43 OG 5075J.
2) Unlawful deprivation has ,reference to Arts.
104 and 105, R.P.C. {restitution .of the object of a crime). "The. thing itself must be
restored, even though it be found in the possession of a third person who has acquired it
by lawful means,- saving to the latter his action against the proper person who may be
liable to him" (R.P.C. Art. 105, par. 2).
3) Where the owner acts negligently, or voluntarily parts with money or negotiable paper
he can not recover it from the possessor
(U.S. vs. Sotelo, 28 Phil. 147).
4) " Good faith" of the possessor is his "belief
that the person from whom he ,received the
thing was its owner, and could transfer valid title thereto" (Art. 1127).
c. The owner may recover the movable in case of
loss (mislaid property) or involuntary deprivation; but must REIMBURSE THE PRICE PAID:
1) If the possessor acquired the thing (1) in
good faith and (2) 'at a public sale (Le., at
auction with due notice to the public) .
d. The owner of property lost or illegally taken
CAN NOT RECOVER IT:
1) If acquired' in markets;
116
117
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Title VI.-USUFRUCT
, CHAPTER 1
USUFRUCT IN GENERAL
ART. 562. Usufruct gives a light 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. (467)
I. Concept
De Buen: "Usufruct is a real right, temporary in
character, that authorizes the holder to enjoy all advantages derived from a normal exploitation of another's
property, a c c o r d i n g to i t s destination or purpose, and
imposes the obligation of restoring, at the time specified,
either thething itself or its equivalent."
119
118
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
in this
manner can not go beyond limits laid down
by Art. 756 and Art. 869. Hence
i) In donationOwnership of property
may be donated to one person and the
usufruct .to another or others, provided
all the donees are living at the time of
the donation (Art. 756).
ii) In testamentary succession-If the testator gives a usufruct to various persons successively, ' the provisions 011
fideicommissar y substitutionArt. 863)
shall apply (Art. 869) (not more than
two successive usufructs by usufructuaries living at the testator's death).
B. By reason of the object.
a. On rights These should not be personal or intransmissible in character (Art. 564).
b. On things.
1) Nor malConstituted on non-consumable property.
120
its terms.
Pure;
Conditional;
With a term (period) (Art. 564).
E. By its origin.
a. Voluntary
1) Inter vivos.
i) By alienation of the usufruct.
ii) By retention of the usufruct (alienation of naked ownership).
2) Mortis causa.
NOTE: Where a usufruct is constituted inter vivos and for valuable consideration, the
contract is unenforceable unless in writing
(statute of Frauds) (Art. 1403, par. 2(e) .
.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
565. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in
case it is deficient, the provisions contained in the
two following Chapters shall be observed. (470)
ART.
CHAPTER
ART.
122
ART. 572. The usufructuary may personally en~oy the thing in usufruct, lease it to another, or
joy
alienate his right of usufruct, even by a gratituous
title; but all the contracts he may enter into. as
such usufructuary shall terminate upon the expiration of the usufruct saving leases of rural iands,
which shall be considered as subsisting during the
agricultural year. (480) '
I
123
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
. n. Ri~hts
125
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
127
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
or
Provided:
a. The value of the usufruct is not impaired, and
b. The rights of the usufructuary are not preju.
diced.
ART. 582. Tlie usufructuary of a part of a tlJing
held in common shall exercise ~ll the rights pertaining to the owner thereof w i t h re~pe~t to ~he
administration and the collection of frUIts or m~
terest. Should the co-ownership cease by reason of
the division of the thing held in co~mon, the usufruct of the nart allotted to the co-owner shall belong to the ~sufructuallr. (490)
I. Special usufructs:
A. Usufruct of pension 01' (periodic~l) income (Art.
570).
.
a. Each payment.shall be considered as fruits.
b. The distribution ~ of ben.e fits . (dividends) of industrial or commercial "enterprises shall also be
deemed fruits.
1) Hence, stock dividends belong to the usufructuary (Del Saz Orozco v. Araneta, G. R. No.
L-3691, Nov. 21, 1951).
c. App~rtionment shall b e on the basis of the ordinary rules governing civil fruits (Le., day to day).
to
1) Management;
2) Fruits, and
3) Interest.
b. After partition, the usufruct is transferred to
the part allotted to the co-owner.
129
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
pear~.
131
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
...
132
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
134
135
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Should the immovable ' be attached or sold judicially for the payment of the debt, the owner shall
be liable to th~ usufructuary for whatever the later mav lose by reason thereof. (5U9)
ART. 601. The usufructuary shall be obliged to
notify the owner of any act of a third person, of
which he may have knowledge, that may be prejudicial to the rights of ownershIp, and he shall
be liable should he not do so, for damages, as If
they had been caused through his own fault. (511)
ART. 602. The expenses, costs and liabilities in
~uits brought with regard to the usufruct shall be
'borne by the usufructuary. (512)
,
136
the
137
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
1) When no prejudice would result, e.g., usufruct over life annuity (Art. 585).
~- (Bond by
oath).
.
i) In this instance, the usufructuary claims
necessa1'y furniture, a dwelling for him. self and his family, implements necessary for his trade.
ii) He takes an oath to take care of the
things and restore them (Art. 587).
iii) He cannot alienate nor lease the thing
or the right under usufruct; for that
would mean that he does not need the
dwelling, implements, and furniture '
(Manresa).
3) In case of
ue,
or make invest'm,ents of the capital without
the consent of the owner or of the Conrt (Art.
599) until the bond is given.
II. obligations 0 . the usufructuary during the usufruct.
A. 0 take c a r e of the thing as a good father of a family (Art. 589).
a. When damages are caused to the property by the
fault or negligence of the usufructuary, the naked
owner need not wait for the termination of the
usufruct before bringing . the action to recover
the proper indemnity (Sanchez Roman, Navarro
Amandi).
b. Abusive acts entitle the owner to demand its ad/ . ministration, subject to the usufruct (Art. 610).
~R~ai1's-
va. 01'dinary-The
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
141
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
OUTLINE
EXTINGUISHMENT
OF USUFRUCT
.
'.
. 142
(6) By the termination of the right of the person constituting the usufi.'uct;
(7) By prescription. (513a)
I. Causes of the termination of usufruct.
.A. Death of the usufructuary; EXCEPTa. In multiple usufructs: it ends at the death of the
last survivor (Art. 611).
.'
143
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
144
ART~
145
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
147
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
"
CHAPTER 1
EASEMENTS IN GENERAL
1. In-General.
~
A. Concept-A ~ is a real right constituted on
iii"other's tenement (corporeal immovable property)
whereby the owner Of the latter must refrain from
doing or must allow something to be done on his property, for the benefit of another person or tenement
(Sanchez Roman).
POSSe3-
sion:
149
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.I
E. Servitude distinguished from lease of landa. A lease of land involves rightful possession and
use without ownership.. .
b. Servitude over land involves rightful use without
possession and ownership (Salmond).
Section I-Different Kinds of Easements
AR'}', 613. An easement or servitude is an encumbnmce imposed upon an immovabie for the
benefit of another immovable belonging to a different owner.
The immovable in favor of which the easement
is established is called the dominant estate; th3t
which is subject thereto, the servient estate. (530)
ART. 614. Servitudes' may also be established for
the benefit of a community, or of one or more persons .to whom the enc:umbered estate does not belong. (531)
ART. 615. Easements maybe continuous or :discontinuous, apparent or nonapparent.
Continuous easements are those the use of-which ,
is or may be incessant; without the inter\'en~tion
of any act of man.
:>'"
\ ...
. -:
150
151
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 618. Easements are indivisible. , If the servient estate is divided between two or more persons, the easement is not modified, and each of them
must bear it on the part which 'corresponds to him.
If it is the dominant estate' that is divided between two or more persons, each of them may use
the easement in its entirety, without changing the
place of its use, or \ making it more burdensome
in any other way. (535)
ART. 619. Easements are established either by
law or by the will of the owners. The former are .
called legal and the latter voluntary easements.
(536)
152
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
b. Legal-Constituted by law:
1) F o r public 'u se-governed by special laws or
the Civil Code.
2) For private interest-governed by the Civil
Code or general or local laws, subject to modification by agreement (Arts, 634-636) if
the law is not violated and no damage is'
caused to third persons.
c. Mixed--partly voluntary and partly legal.
E. By the party benefited:
a. Real (predial)-servitude imposed on a tenement
for the benefit of another tenement belonging to
a different owner (easement proper).
b. Pe'r sonal-servitude imposed for the benefit of
a person or community to whom the servient
estate does not belong. See No.2, p. 149.
1) An agreement based on a consideration
whereby the owners of a piece-of land grant
a person the right to use a footpath binds said
owners. And to make s~ch right binding on
third persons who may acquire ' said land
from the grantors, the grantee of .the easement is entitled to have the same annotated
in the certificate of title (Bernardo vs. Court
of Appeals .et al. GR L-7248, May 28, 1955).
F. By the character Of the 'j'estriction on the servient
owner.
a. Servitudes of sufferance 01' intrusion (in patendo) , which allow the dominant owner to do
something inside the servient estate.
b. Servitudes of abstention (restriction) in which
the servient owner must refrain from doing
something he could normally do.
154
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
A. Modes of acquisition: Servitudes are acquired bya. Title-a juridical act or provision of law sufficient to create the encumbrance, whether inter
vivos or mortis causa. This is essential to-1) Continuous nonapparent servitudes;
2) Discontinuous servitudes, wheth~r apparent
or not.
b. Prescription of 10 years. This is applicable only
to continuous and apparent easements or servitudes (Art. 620).
1) Exception.: The following are not acquired
by prescriptioni) Continuous but nonapparent servitudes
(e.g. "non altius tollendi," distances).
ii) Discontinuous servitudes, whether apparent or nonapparent (e.g., right of
way) (Art. 662). (Note: the Supreme ,
Court has ruled that although a right of
way' is a discontinuous easement it may
156
B. Effect of acquisition:
a. Once acquired, the right to exercise the servitude
arises.
157
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 629. The owner of the servient estate cannot impair, in any manner vvhatsoever, the use of
the servitude.
Nevertheless, if by reason of the place originally
assigned, or of the manner established for the use
of the easement, the same should b(~come very inconvenient to the owner of the servient estate, or
should prevent him from making any important
works, repairs or improvements thereon, it may he
changed at his expense, provided he offers another
place or manner equally convenient and in such a
way' that no injury is caused thereby to the owner
of the dominant estate or to those who may have
a right to the use of the easement. (545)
ART. 630. The owner of the servient estate retains the ownership of the porti::m on which the
easement is established, and may use the same in
such a manner as not to affect the exercise of the
easement. (n)
ART. 628. Should ,there be several domin,a nt estates the owners of all of them shall be obliged to
contribute to the expenses referred to in the preceding ,a rticle, in proportion to the benefits which each
may derive from the work. Anyone who does not
wish to contribute may exempt himself by renouming the easement for the benefit of the others.
If the owner of the servient estate should make
use of the easement in any manner whatsoever,
he shall also be obliged to contribute to the expenses
in the proportion stated" saving an agreem.ent to
the contrary. (544)
1. Rights anel obligations Of the o w n e r s - A. The dominant ownera. Rights (Art. 627) :
1) To exercise the right of easement.
2) To do all the necessary work for the use and
pr.~erllatjQrLof the easement buti) He must do so at his expense;
ii) There should be no alteration or increase
of the burden. He must choose the time
and manner least inconvenient to the ser- '
vient owner for making repairs.
iii) Notice to the servient owner must be
given.
b. Obligations :
1) To contribute to the expenses of maintenance
in proportion to the benefit, if there are several dominant owners.
158
159
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
'1
a. Rights:
1) To retain tJwne1'ship o:nd 220session of the
servient estate (Art. 630).
2) To change tWocatio ')1 of ~ easement, when
, it bec0!TIes very, inconvenient, PROVIDED:
i) He substitutes another place or form
equally convenient, and
ii) No injury is caused to the dominant
owner (Art. 629).
3) To exercise Tedemption of the easement, if
stipulated.
4) To make use of the' servient estate without
affecting the easement (Art. 630).
b. Obligations:
1) Not to impai1' the servitude's use in any
manner.
. 160
..
(546a)
ART. 632. The form or manner of using the easement may prescribe as the easement itself, andil1
the same way. ( 547 a)
161
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
633. If the dominant estate belongs to several persons in common, the use of the easement by
anyone of them prevents prese-ription with respect
to the others. (548)
I. Extinction of servitudes (Art. 631).
ART.
A. Causes.
a. Merge1' o f ownership of the dominant and servient estates, , The merger must be absolute, perfect and definite; not merely temporary (Manresa)
1) Ownership of the dominant and servient estate does not merge in the sa~eperson where
the owner of the dominant estate acquires
only a part interest in the servient e.s tate
(Cabacungan vs. Corrales GR L-6629, Sept.
30, 1~54).
'
b. Non-user for 10 years (extinctive prescription).
1) Computation of the period:
i) Discontinuous easements : counted from
th,e day they cease to be used.
ii) Continuous easements: counted from
the day an .act adverse to the exercise
takes place (Ongsiaco v. Ongsiaco,
L-7510,. Mar. 30, 1957).
2) The use by a co-owner of the dominant
estate bars prescription with respect to the
others (Art. 633).
3) S ervitudes not yet exercise,d can not he extinguished .b y non-user.
i) Thus, the right to claim the exercise o{a
legal easement does not prescribe (Francisco vs. Paez, 54 Phil. '2 39).
c. Bad condition of the tenements, preventing its
exercise.
162
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
164
tablished for public or communal use shall be governed by the special laws and regulations relating:
theretp, and, in the absence thereof, by the provisions of this title. (550)
ART. '
LEGA.L EASEMENTS
CHAPTER 2
165
637-648) and the Law of Waters of 1866. Administrative concession is required for the use of public
waters. '
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
I. Easement for watering cattle (Arts. 640-641) .
A. This is really a combined easement for drawing of
water and right of way (TS 27 Ma rch 1896) .
167
166
B. Limitations.
a. The dominant owner must not incTease the burden (collect water, increase the velocity, etc.)
but he may erect works to avoid erosion (Law
of Waters, Art. 114).
b. The servient owner must not impede the descent
of water (but may regulate it) (Law of Waters, '
Art. 113) (Osmefia vs. Camara (CA) ,38 OG
2773) .
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
168
B. It may be constituted only in favor of town.'I and villages ("caserios") (10 or more persons living in more
than one house).
a. This right must be regulated by the legal representatives of the town. One isolated individual
may not make this claim (Manresa).
C. The way is not to exceed 10 meters in width.
. D. Indemnity shall include payment for the right of way.
9F
PHILIPPINE CIVIL LAW
169
OUTLINE
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
170
AR'f. 649. The owner, _or any person who by virtue of a real right .may cultivate or use any immovable,
is l' ~oun e
ther immo:Y.:ables
pertaining to other persons and ithout adeguate
outlet 0 a u lie hi hway., is entitle to emaml
a right of way through the neighboring estates,
after payment of the proper indemnity.
.
Should this easement be established in such a '
manner that its use may be continuous for all the
needs of the dominant estate, establishing.a.,J2erma.,nent passage, the indemnity shall consist of the
value of the land occupied and .the amount of the
damage caused to the servient estate.
171
In case the right 0 rn..y IS 'mited to the necessary passage for the: cultivati
the estate surrounded'by others and 0
'athering of its crops
through the servient 'estate "
:l:manent
~ . the indemnity shall consist in the payment of
the damage caused by such encumbrance.
This easement is not compulsory if the isolation
of the immovable is due to the proprietor's own
acts. (564a)
ART. 650. The easement of right of way shall be
established at the point least re 'udicial to the servient estate, an , mso. ar as, conSlS ent wiUi this
rule, where the distance from the dominant estate
st. (565)
to a public highway rna be t
ART. 651. The width of the easement of right of
way shall be that which is sufficient for the needs
of the dominant estate, and may accordingly be
changed from time to time. (566a)
ART. 652. Whenever a piece of land acquired by
~ale, exchange or partition, is surrounded by other
estates of the vendor, exchanger, or co-owner, he
shall be obliged to grant a right of way without indemnity.
In case of a simple donation, the donor 'shall be
indemnified by the donee for the e::;tabEshment of
the right ofway. (567a)
ART. 653. In the case of the preceding article, if
it is the land of the grantor that becomes isolated,
. he may demand a right of way after paying an indemnity. However, the donor shall not be liable for
indemnity. (n)
ART. 654. If the right of way is permanent, the
necessary repairs shall be made by the owner of the
dominant estate. A proportionate share of the taxes
->;
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
172
173
A. Requisites:
a. The property must be surrounded by estates of
other owners, without access ( or difficult or
dangerous acce~s) to a publip 'roa.d (Art. 649) . .
1) Under Spanish law, the existence of waterways bars the right to the servitude (TS
Mar. 8, 1922); this rule is not observed in
the Philippines.
b. Indemnity ml}st be paid to servient owners:
1) Pe1'manent 'road: The value of the land
occupied plus damages ' and proportional part
of the taxes must be paid (Art. 654, 649).
i) But the dominant owner does not thereby become the owne1' of the land,
because:
aa) The servient owner may change
the sit.e of the way (Art. 629).
ab) No servitude may exist on one's
own property; and '
ac) The indemnity is returnable (Art.
655) upon extinction of the right.
2) Temp01:a1'y (seasonal) waY-Qnly the damage (not the value of the land) need be paid.
3) No indemnity arises when the enclosing
estate belongs to the vendor, excnanger or.
co-owner (donor not included) (Art. 652) ;
but if the estate enclosed is that of the g-rantor, he must pay indemnity for a right of
Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section
and those of articles 640 and 641 shall be observed.
In this case the width shall not exceed 10 meters.
(570a)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
E.
D.
C.
B.
174
175
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
176
(579a)
(578a)
ART: 665. The other owners who have not contri.buted in giving incre~l!~ed height, depth or thic~ness
to the wall may, nevertheless) acquire the right of
pa~t-ownership therein, by ' ~aying proporti?I!-3:11y
the value of the work at the tlme of the acqUIsItlon
and of the land used for its increased thickness.
(577)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
178
o
e wal in proportion to the
respective interests, resting buildings on it or
inserting beams up to one-half of the wall's thickness, Provided:
1) The others 'are not interfered with in their
. use; and
2) The consent of the other owners is secured
or the condition of the building is determined
by experts. (Arts. 666, 486).
To increase the height of the wall (A~. 664).
1) He must do so at his expense (including
the thickening of the wall over his own land) .
2) He should indemnify the other owners, even
for temporary damage.
To . acquire a half ....inierest in any increase of
thickness or height, paying a proportionate share
C. Reb'ldtal 0/ presumptUm:
659, 661).
tenements ;
179
A RT. 667. ~art-owner m.~y, without the consent of the others, open through the party wall any
window or aper ture of any kind. (580)
ART. 668. The period 'of prescription for the acquisition of an easement of light and Vif W shall be
counted:
,/>
1>
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
180
(Uvel
ce:
.
asement of light is the right to make openings
1 'foot1<lu are) to receive light from another's tenement; the openings do not allow the
head to pass and look out. .
b. BasEment of view=-/is the right to open windows
t o enjijy LItE; viffirand to bar the servient cwner
from blocking the view. It include's the easement
of light and the servitude of "altius non tollendi"
(not to build higper), unless otherwise stipulated.
181
.
'\
ART. 671. The distances referred to in the preceding article shall be measured in cases of direct
views from the outer line of the wall when the openings dp not project, from the outer line of the latter
when they do, and in cases of oblique views from
the dividing line between the two properties. (583)
ART. 672. Tne provisions o~ article 67.0 are not
applicable to buildings separated by a public way or
alley, which is not less than three meters wide, subject to special regulations and local ordinances.
(58430) .
.
ART. 673. Whenever'by any title a right has been
acquired to have direct views, balconies or belvederes
overlooking an adjoining property, the owner of the
servient estate cannot build thereon at less than a
distance of three meters to be measured in the manner provided in article 671. Any stipulation permitting distances less than those prescribed in article 670 is void. (585a)
1. ~
e ent f light and view:'
,
'I
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
182
183
b. PrescriptIon [counted from the formal prohibition on the servient owner: (Cortes vs. Yu Tibo,
2 Phil. 24) or from the time of t he opening 6f
the window, if it is through a party wall (Art.
668)]. -
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
'-,
, 184
67
owner of a bui!ding shall be obliged
to co tr .t ,Its roof or covermg in such manner
that th am water shall fall on his own land or on
a street or public place, and not on the land of his
neighbor, even though the adjacent land may belong,
to two or more persons, one of whom is the owner
of the roof. Even if it should fall on his own land
the owner shall be obliged to collect the water i~
such a way as not to cause damage to the adjacent
land or tenement. (586a)
ART. 675. The owner of a tenement or a piece of
land, subject to the easement of receiving water falling from roofs, may build in such manner as to
receive the water upon his own roof or give it another outlet in accordance with local ordinances or
customs, and in such a way as not to cause any
nuisance or damage whatever to the dominant estate.
(587~
,
AR 6'76 Whenever the yard or court of a house
is sun
ed by other houses, and it is not :possible
to give an outlet thro,ugh the house itself to the rain
water collected thereon, the establishment of an
easement of drainage can be demanded, giving' an
outlet to the wateJ:-~ the _p~t of the contiguous
lands or tenement~ where its egress may be easiest,
ana establishing ~ (conduit for the drainage in sueh
AR. ~h 4)~he
185
1. Drai11/J,ge of buildings:
A. General rule: Restriction: The owner of a building
must construct his roof or covering in such a manner
that rain water falls on his own land, a street or
public place, not on land 'of a neighbor; and 4ispose
of the water without damage to the adjoining estate
(Art. 674). Strictly speaking, this is not a servitude
but a mere regulation of the use of one's property
(Manresa).
a. Art. 674.of the new Code requires the owner of the
building to construct his roof in such a manner
that rain water. shall not fall on the land of his
neighbor, even though the adjacent land may b~
long to two or more persons, one of whom is the
owner of the roof (Cabacungan vs. Corrales G.R.
L-6629, Sept. 30, 1954).
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
186
ART. 677. No constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions required in
special laws, ordinances, and regulations relating
' thereto. (589 )
ART. 678. No person shall build any aqueduct,
well, sewer, furnace, forge, chimney, stable, depository of corrosive substances machinery or factory
which by reason of its nature or products is dangerous or no"dous, without observing the distances prescribed by the regulations and customs of the place,
and without making the necessary protective works,
stlbje~t, in regard to the manner thereof, to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.
In the absence of regulations, such preca-utions
shall be taken as may be considered nece:;sary, in
order to avoid any damage to the neighbor ing-lands
(j}' tenements. (590a)
ART. 679. No trees shall be planted near a tenement or piece of land belonging to another except
at the distance authorized by the ordinances or customs of the place, and, in the absence ther eof, at
a distance of at least two meters from the ,dividing
line of the estates if tall trees are planted and at
a distance of at least fifty centimeters if shrubs or
small trees are planted.
,
, Every landowner shall have the right to demand
that trees hereaf ter planted at a shorter distance
from his land or tenement be uprooted.
The proVisions of this article also apply to trees
which have grown spontaneously. (5~la)
187
T. ' Distances:
A. Milita'J'y zones: Buildings or plantings may only be
made according to speci,a l laws, ordinances and regulations.
B. Const?'UCtions: For wells, sewers, aqueducts, furnaces, forges, chimneys, stables, deposits of corrosive
materials, machines or factories-a. Distances fixed by ordinances or custom, must be
observed.
'b. Protective structures prescribed by ordinances or
custom must be erected. If none, precautions
must be taken, if necessary, to avoid damage to
neighboring estates or buildings (Art. 678).
c. Violation gives rise to responsibility for damages
caused (Art. 2191). No waive?' is allowed (Art.
678) on the part of the adjoining proprietors.
ART. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or
yard, the owner of the latter shall have the right
to demand that they be cut off insofal' as they may
spread over his property, and, if it be the roots of
a neighboring tree which should penetrate into the
land of another, the latter may cut them off himself within his property. (592)
ART. 681. Fruits naturally falling upon adjacent
land belong to the owner of said land. (n)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
easemen~s.
188
ART. 682. Every building or piece of land is subject to the easement which prohibits the prQ~rietor
or possessor from committing nuisance through
noise, jarring, offensive odor,smoke, heat, dust,
water, glare and other causes.
ART. 683. Subject to zoning, health, police and
other laws and regulations, factories and shops may
be maintained provided the least possible annoyance
is caused to the neighborhood.
189
VOLUNTARY EASEMENT.S
CHAPTER 3
ART. 685. Any stipulation 01' testamentary provision allowing excavations that cause danger to an
adjacent land 01' building shall be void.
ART. 686. The legal easement of .1at;.eral and s~b
jacent support is not only for bUIldmgs standmg
at the time the excavations are made but also for
constructions that may be erected.
ART. 687. Any proprietor intending to m:;tke any
excavation contemplated in the three precedmg" articles shall notify all owners of adjacent lands.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
190
I. Voluntary servitudes:
A. WhQ may establish them: The owner possessing capacity to encumber property may constitute voluntary .
servitudes. A general capacity to contract is not sufficient.
a. If there are various owners, aU must consent, but
consent once given is not revocable (Arts. 690,
691). Hence, their consent need not be simulta..
neous.
191
A: Kinds:
I. In General:
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
192
B. Common Char'acteristics:
a. All these rights are accessory to, ~nd can not
exist without, a valid obligation and have the
-purpose of ensuring its fulfillment. Consequently, they are also extinguished upon discharge
of the obligation secured.
b. All are indivisible, and admit no partial extinction by reason of part payment (tota in toto, et
tota in qualibet par'te) save -by special stipulation
or provision of law (See Art. 2089, pars. 3 and 4).
c. These real rights are extinguished upon release
of the security.
d. They are only rights to the money value of the
security, not to the thing itself.
e. Any stipulation that the creditor shall automat'Lcally become the owner of the security if the
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
194
B. Characteristics:
a. It is a real right (once it is recorded) opposable
to all (erga otnnes) and regardless of the possessor of the property (Art. 2126).
.
b. It is accessory to a principal obligation, which
mayor may not be owed by the mortgagor himself.
c. It is indivisible (see ante, par. I, B. c). Except as
provided in Art. 2089.
d. Itmust be constituted by the owner of the mort
. gaged property.
.
obligation, over property that remains in the possession of the owner; and to satisfy with the proceeds of
its sale the obligation secured, if the latter is not
paid when it falls due (Sanchez Roman).
195
(cf. pledge).
1) A mortgagee in possession is subject to the
rules of antichresis (Macapinlac vs. Repide,
43 Phil. 770; Pando vs. Jimenez, 54 Phil.
459; Enriquez vs. P.N.B., 55 Phil. 414).
f. It entitles the mortgagee to demand the sale of
the property mortgaged and have its proceeds
appUed to the payment of. the debt, the excess being returnable to the mortgagor and any deficiency being collectible from the debtor (cf.
pledge) .
(1) Except in chattel mortgages . to secure the
unpaid ' instalments of the purchase price,
where the mortgagee can not recover a.ny deficiency _from the debtor in case of foreclosure. (Art. '1484).
g. It extends to all accessions and accessories of the
property mortgaged.
h. It can not be validly imposed on land acquired
by free patent or homestead patent (Kasilag vs.
Rodriguez, 69 Phil. 217, 228) within 5 years
from issuance of the patent or grant, unless in
favor of the government or government institutions or banks (s. 118, C.A. 141).
1. It may e)Cist as subsidiary to another mortgage.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
196
1) Voluntary. -
No junior pledge
same chattel.
197
on
May be on immovables or
mo\ abIes (chattel mortgage)
M01tgage
exce~ds
On movaoles only.
Pledge
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
198
199
C. Characteristics:
a. It is a real1-ight operating directly over the thing,
and opposable to all, the right of retention being
superior, to conventional encu:qt.brances (Bank of
P. I. vs. Walter Smith & CC., ,5Q ,Phil. 338).
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.
7'
200
....
2122)
201
II. Etym9logy:
The word nuisance ' is derived from "nocumentum." Under English law .it originally meant "interference with servitudes." Later it was limited to inter- '
t. To
ART. 694. A 'nuisance is any act, omission, establishment, business, condition of property, or anything else which:
. (1) Injures or endangers the health or safety of
others; or
(2) Annoys or offends the senses; 01'
(3) Shocks, defies or disregards decency . or
morality; or
r
. (4) Obstructs or interferes" with .t he free pasage of any public highway or $treet, or any body
of water; or '
. .,' ..
_ (5) Hinq.ers or imp'a jrs the us~ of property.
Jf
h. "By. the'. carr'ier, for c,Wlt and expenses of trans" portabon (Code of Comm., Art. 375), of the goods
transported.
i.
!he ship captain} for passa~e money and board
. the ship'~ 'p assengers (Code <Y.f Corom. .Art.
704), of the goods of the passenger.
NOTE: But ':retention is forbidden to a bailee in
-Commodat~rn (Art. 194'4 ).
.1
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
VII.
202
T. Classes: ' Public and private-The old distinCtion (Monteverde vs. Generoso, 52 Phil. 123) of per se and pe1' accidens has been abandoned, most nuisances being per accidens.
A. PubUc nuisance affects a community or neighborhood or a considerable number of peJ;sons evenif the
individuals are not equally affected.
B. Pri'L1ate nuisance is any kind other than public
nuisance (Art. ' 695). -
ference with the use and enj oyment of land-the forerunner of our ,own "private nuisance" (Dean" 'P rosser).
203
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
204
205
1. Regulation of nuisances:
ART. 706. Any person injured by a private nuisance may abate it by removing, 01' if necessary by
destroying the thing which constitutes the nuisance.
without committing a breach of the peace 01' doing
unnecessary injury. However, it is indispensable
that the procedure for extrajudicial abatement of a
public nuisance by a private person be followed.
ART. 707. A 'p rivate person or a public official
extrajudicially abating a nuisance shall be liable fo:!'
damages:
(1) If he causes unnecessary injury; 01'
(2) If an alleged nuisance is later declared by
the courts to be not a real nuisance.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
o
206
207
A. A register signifies the act of annotation. and includes the book or memorandum where this notation
is made; by extension, it also meang the office where
these annotations are made (De Diego).B. The Registry of Real Property may be defined as
a public center where the trne condition of :re~l estate is made clear by registering all transferable title
of ownership and of real rights which affect "it and
even where the capacity of free disposition on the
part of an individual is modified (Sanchez Roman).
II. Purposes of the principle of publicity:
A. To give notice of the true status of property.
B. To record transmissions and modifications "of real
rights.
C. To prevent frauds.
D. To guarantee the effectivity of rights (De Diego).
1. Concept-
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
208
254).
2.09
The third system of registration referred to under "special laws" is Section 194 of the Revised Administrative
Code, as amended by Act No. 3344, under which registration is made "without prejudice to third persons having
better rights."
11. . As to powers of the Register of Deeds} see Reg. of
Deeds vs. Hi Caiji, 52 a.G. 4233; Smith Bell & Co. v.
Reg. of Deeds, 50 a.G. 5293.
act or contract that was registe:t:ed (Guido vs. Borja, 12 Phjl. 718).
B. Where the law states that a "third person cannot be
prejudiced," it refers to one who bases his right on
a registered title (Sison vs. Ramos, 13 Phil. 54).
See Art. 1126.
II. A person who has actual knowledge may be bound w.itho:ut registration (Tuazon vs. Reyes, 48 Phil. 844).
III. The owner is not 3. "third person" within the meaning
of this principle. Prescription may run against him as
a passive subject in favor of another as an active subject
although the latter has no registered rights (Ro~as vs.
Aguirre, 9 Phil. 475). But not if the land is covered by
(a Torrens Title.
\lV. Registration confers no righ~ in the following cases:
A. A simulat~le (Cruzado vs. Bustos, 3'4 Phil. 17).
B. A 1heriff's sale made without the necessary legal notice; - (Borja vs. Ad dison, 44 Phil. 895).
C. A j orged deed (Dupilas vs. Cabacufigan, 36 Phil.
r.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
210
PRELIMINARY PROVISION
BOOK III
211
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
la::Tb
212
715. ~hle lright to hunt and to fish is reguy speCIa aws. (611)
1',
an~ a~~~d~nedunting
b' t f h
th
Title I.-OCCUPATION
c. ' By
destruction
of prim' title (nullIty' reSCISSIon,
..
ed
"
r em~tlOn resolutory condition, expropriation
execution) ;
,
d. Abdicative waiver or abandonment (Art 4)'
Ex~ept where i~ is (1) against the law or ~ubli~
polIcy or (2) prejudicial to the connected rights
of another, unless the latter consents
1) R~quisites of abdicative waiver: .
.~) Capacity (generally to dispose) ;
, 11) Intention to lose the right.
aa) Th~ act is purely ' unilateral and
does not require acceptance.
'
. 2) Effects of waiver:
i) When the right waived is one detached
from ownership ~e.g. usufruct, mortgage, etc.) the right merges in the
owner.
,.
)
, "
ii) W~en the right is owned
.
in common.
waIve~ by a co-owner accru'e s to th~
benefIt of the otner co owners.
iii) When ow~ership is , waived, and the
property IS real or immovable it reverts .to the State; if movablE:, it be'
comes res nullius.
213
1[
. I
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
214
pulsion). '
'
1). Requisites (hunting 01' fishing) :
"
i) Seizure in open sea~on (for closed sea,
sons, see Act 1798) ;
A.;JJI Gnimals-.
a _ Wild .animals (roaming free in- their natural
state, suffering contact with m~m oniy by com-
320).
OCCUPATION
ART:
II
215
'to
<:'
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
Other-
216
n.- INTELLECTUAL
CREATION
ART.
217
Title
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
218
1. Copyrights.
A. Kinds.
a. C01nnwn law copyright is the right of the author
to prohibit publication of his works without hi~
authority or consent. These embrace literary
(1) The author with regard to hisliterary, dramatic, historical, legal, philosophical, scientific ' or
other work;
(2) The composer, as to his musical composition;
(3) The painter, sculptor, or other artist, with
respect to the product of his art;
(4) The scientist or technologist or any other
person with regard to his discovery or inven-:tion. (n)
ART. 722. The author and the composer, mentioned in Nos. 1 and 2 of the .preceding article,
shall have the ownership of their creations even
before the publication of the same. . Once their
works are published, their rights are governed by
the Copyright laws:
The paintel', sCulptOl'or other al;tist shall have
dominion ovel' the product of his art even before it
is copyrighted.
The scientist or technologist has the ownership
of his discovery or invention even before it is patented. (n)
ART. 723. Letters and other private communications in writing are owned by the person to whom
they are .addressed and delivered, but they cannot
be published or disseminated without the consent.
of the writer or his heirs. However, the court may
authorize their publication or dissemination if the
public good or the interest of justice so requires. (n)
A~T. 724. Special laws govern copyrig-ht and patent. (429a)
E.
D.
C.
B.
219
, .
--
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
220
B. Procedure in the Patent Office (before the Commissioner of Patents, whose decisions are directly appealable to the Supreme Court) :
a. Sworn application by the true and actual inventor or his heirs, representatives or aSl:!igns;
b. Specifications (description and claims) ;
c. Payment of fees;
d. Foreign applications on a reciprocity or a treaty
basis should be filed here within 12 months.
A. Basis.
a. There must be an invention (exercise of ingenuity, beyond mere mechanical skill in the art, to
produce a new and useful result) ;
b. Of a new and usefu~ machine, product or substance, of possible advantage to the public.
c. Not previously known or used, or described in
printed publications, or in public use or on sale
in the Philippines or covered by any prior patent;
d. Includes new and original industrial deHigns
(shape, pattern or appearance).
e. The invention is not patentable if:
1) Contrary to public order, morals, public
health or welfare;
2) It is an abstract idea,. principle or theorem.
221
TRADITION
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
222
223
B. As to movables:
a. Realr-actual delivery.
b. Fictitious1) Symbolic-by delivery of the keys of the
place or depository where the thing is stored
or kept (Art. 1498, par. 2);
2) By public 'instrument-"'--see supra A, b, 1. .
3) By i1ulm'sement or transfer of a negotiable
document of title (Arts. 1513, 1514) ;
4) By mere consent 01' agreement of the parties
(Art. 1499)i) If the thing can not be manually transferred to the possession at the transferee at the time of agreement but there
is no legal obstacle to the transfer of
possession (longa manu); or
ii)" If the transferee already had it in his
possession for any other reason (brevi
manu) ;
-But without prejudice to strangers in
good faith.
iii) Traditio
constitutum possessoriun~,
which takes place when'the owner of the
thing alienates it but continues in pos"~
session in "the concept of a tenant, or
other subordinate right (bailee).
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
I. The donations above referred to (Art. 727) remain valid.
This article applies to donations the rule of testamentary
dispositions (Art. 873), as if defective donations could
not be cured. Compare this with the rule in contracts,
Art. 1183 (contract is void).
225
224
~RT.
c. intention
1) The
not
tum
ART.
, NATURE OF DONATIONS
, CHAPTER ' 1
Title III.-DONATION
transferee, divesting the transferor of it. Without the second, the -transferor remains the owner even if
, physical possession changes; but he may be sued for
breach of contract.
In, the
IV. Our theory of tradition separates the consent that pertects the contract from the consent to the vesting of title
..
.
I~
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
ART. 729. When the donor intends that the donation shall take effect during the lifetime of the
donor, though the property shall not be delivered
till after the donor's death, this shall be a donation
inter 'vivos, The fruits of the property from the
time of the acceptance of the donation,' shall pertain to the donee, unless the ' donor provides other,
wise. (n)
II. But illegal or impossible conditions in an one1'OUS donation will render such donation void (Art. 1183) since
the rules of contracts govern (v. Art. 733) .
I.
226
'"
'r
a.
227
3) Differential tests:
i ) For donations "mortis causa"aa) In mortis causa donations, death
of the donor ahead of the donee is
a suspensive condition (an "if")
for the existence of the donation.
Exception:
[. Kinds of Donations:
A. By their effectiveness (revocability at the donor's
option) .
Inter vivos-These donations take effect (as
alienations of property) upon acceptance and
thereafter are no longer revocable by the donor
alone. As to form they are governed by Articles
748 and 749, except donations propter nuptias
which are governed by the Statute of Frauds
(Art. 127).
b. Mortis Ca'u sa-These donations are effective as
gratuitous dispositions of property upon the
death of the donor (Art. 728). They are revocable at will, and as to form they are governed
by the rlJles of testamentary succession (wills).
1) A distinction must be made between dona- .
tions m01,tis causa'and donations inter vivos
subject to .a ,suspensive term ("at death of
donor"), i.e., between transfer of title and
transfer of mere possession.
2) Importance of the distinction: Mortis causa
donations partake of the nature of testamentary provisions and are governed by the rules
of testamentary successions,' as to requisites
and form (Tuason vs. Posadas, 54 Phil. 289;
Guzman vs. Ibea, 67 Phil. 633; Art. 728;
,TS 8 July, 1943). Form is that of testaments.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
"
228
ab ) Characteristics of dispositions
post m~rtem:
aba. The transferor retains ownership (full or naked) and
con.tJ;"ol of the property while
alive;
. abb. Before his death, the transfer
. is revocable
. at :Will',
abc. The transfer will be void
if the transferor should survive the transferee (Heirs
of Bonsato vs. Court of Ap.~.
peals .G.R. L-6600, July 30,
.
1954, 50 OG. 8568).
c) Where the donation merely transfers administration of the prop: erty before the donor's death it
' .
'
IS rn,ortts causa (Carino vs. Abaya,
70 Phil. 182).
ii) For donations "inter vivos"aa) In donations in,ter vivos with de.
ferred execution tintilthe death of
the donor, there is no option to
revoke at will before the do~or
dies, even if transfer of actual
(physical) possession is suspended
until then (Art. 729) (Concepcion
vs. Concepcion, G.R. No, L-4225,
Aug. 25, 1952).
'
I! ,
229
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
230
.,
231
OUTLIN)<~
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
232 .
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
234
235
.!
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
236
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
238
C. By the effect:
239
ART. 735. All persons who may contract and dispose of their I?roperty may make a donation., (624)
CHAPTER 2
A. Hence, if the donor :revokes the donation before learning of the acceptance, there is no donation.
B. Acceptance must be made during the lifetime of both
donor and donee (Art. 746).
C. In contracts an offer becomes ineffective upon death,
civil interdiction, insanity or insolvency of either
party before acceptance is conveyed (Art. 1323).
ART. 734. The donation is perfected from the moment the donor knows of the acceptance by the
donee. (623)
,
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
240
ART. 738. All those who are not specially disqualified by law therefor may accept don-ations.
(625)
,.
e. Guardians and trustees 'ca.n not donate property entrusted to them .(Art. 736).
(Art. 735).
I. Parties:
. ",
241
B. Mino'rs and perso~s incapacitated to contract: acceptance must be by their pa1'ents or legal.representatives (Art. 741). This reverses the doctrme of Pei'ez vs. Calingo (CA) 40 OG (No. 15) 11th Supp. p.
3, 'which formerly held that a minor may personally
accept a simple donation.
I~
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
242
II. f'Donations
to disqualified pe1'sons a1'e void even I'f rna de
tT
IC I lOusly (a) under guise of another contract or (b)
c. Those made to a public officer, his 'Wife, descend~nts and/ or ascendants, by reason of his of.flce (Art. 739, p. 3).
Note - These disqualifications apply to lit . . .
ance benefits (Art. '2012).
e 'lnsurd. Those made between spouses dUring , coverture
(Art. 134).
.
243
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
244
1. Form of dO'YUNtions.
A. Form of authority: It must be in a public instrument in accordance with Art. 1358 (Manresa).
245
ib. Without
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
246
752. The provisions of article 750 notwithstanding, no person may give or receive, by way of
.donation. more than he,may give or receive by will.
'~
"
ART.
CHAPTER
co-njugal prop-
174) :"
247
'
j
I
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
.
'248
It
249
1. Effect of donation.s.
A. In general: a. The donee may demand the actual delivery of the
thing donated.
b. The donee is sub1'ogated to the rights of'the donor
iIi the property.
,
c. The donor does not' warrant against eviction
unless the donation 'is one1'ous, when the donor
answers ' up to amount 'of the burden assumed by
the donee (Art. 754).
d. The donor is' liable' for eviction or hidden defects
if the 'donor is in bad faith (Art. 754) .
e. But in donations 'propter 'nuptias, the donor must
release the property from encumbrances, except
servitudes (unless otherwise stipulated) (Art.
131) . The reason for the rule is founded upon
tne ,purpose of 'these donations, which is to help
those newly wed.
f. The donor's warranty existsi) If expressed;
ii) If the donation is p'ropter nuptia~;
iii) If the donation is onero).ls;
iv) If the donor is in bad faith.
g. When the donation is made to several donees
jointly: They .are entitled to equal portions, '
without accretion, unless otherwise expressed.
,But1) If the donees are husband and wife, the husband's share is capital and the wife's is
paraphernal, and there will be accretion unless the contrary is stipulated (Art. 753) . .
2) In accretion the share of the donee who fails
or refuses to accept passes to the co-donees
(cf. Art. 1015).
The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (638a)
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
. ~. ART. 760: Every d~nation inter vivos, made b:f .a
P rison haVIng no chIldren or descendants, legItlm~te or legitimated by subsequent marriage, or
251
25'0
CHAPTER 4
same is valid, but if the donor dies without exercising the reservation, the latter accrues to the donee
(Art. 755). Reservation of the power to dispose of
all the 'donated property means the donation is mortis causa (i.e., a legacy) and must comply with the
formalities of testaments.
B. Separation of ownership and ,u sufruct is 'JJalid. If
the usufructuaries are several, all the donees must
be living at the time of the donation (Art. 756)
(whether usufructs are simultaneous or successive).
The reason is that the donor must know of the acceptance of all the donees.
e. Conventional reversion may be established in favor
of the donor or other persons living at the time of
the donation (Art. 757).
D. Payment of the donor's debts by the donee.
a. If- there is exp1'ess stipulation: The donee is to
pay only debts ~ontracted before the donation, if
not otherwise specified. However, the donee
answers only up te, the value of the property
donated, if no stipulation is made to 'the contrary (Art. 758).
b. If there is no stipulation: The donee is answerable for the debts of .the donor only in case of
fraud against creditors (Art. 759).
I. Special 1"'ltleS:
A. Reservation , by the donor of the power to dispose
of pa1t of the property donated, or to enCUl1t.fJer the
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
252
253
. . .f
In this case, the property donated shall be returned to the donor, the alienations made by the
do?ee an~ the. mortgages imposed thereon by him
bemg VOId, WIth the limitations established with
regard to third persons, by the Mortgage La~v and
the Land Registration laws.
ART.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
254
255
1:. """:'""""'~="""""-------~-
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
1/
~/
.~ /l '1
/ \ [L/l
"1
256 '
C. InofficiouBness.
a. When reduction may be had: No reduction on
this ground 'may be asked until the donor dies,
when his net estate can be determined (Art. 771).
b. Basis: The law intends to protect the actual
legitime of the forced heirs.
e. Who may ask for reduction? (Art. 655) :
1) Only the fm'ced hei?s. of the donor (whether
children, descendants or ascendants) .
B. Causes of 1'eduction:
a. Inofficiousness.
b. Appearance of children.
.
1) These causes are not self-operating;
2) They require an action ;
3) They do not apply to donations mm"ti-s ca.-usa
(that are governed by the rules of testamentary dispos!tions).-
I. Reduction of donations.
257
g.
f.
e.
d.
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
258
b. Basis: There is need of protecting the presumptive legitime of a child (cf. inofficiou~ness).
c. Linvitation of action: The action must be brought
within 4 years from the birth of the first child
or his adoption, acknowledgment or legitimation '
(Art. 763) or from receipt of infOt'mation that
the child is alive.
1) The action is transmissible to the donor's
heirs if the donor dies within those foul'
years.
d. Waiver: The action cannot be waived and it descends to the children and descendants (not to
other heirs of the donor) whether legitimate 01'
illegitimate (Art. 763).
.
e. Ef,fects: The effects are not retroactive (Art.
762).
Hence-1) The donation is valid if not exceeding the
free part, computed as of the bit'th, adoption or app-earance of the child (Art. 761).
2) The donee must Teturn the property or its
value at the time of the donation.
3) The f1"Uits are to be returned only f1'om the
filing of the action' (Art. 768).
4) Alienations arid encumb.rances by the donee
befoTe the filing of the donor's action, are
valid.
5) Mortgages by the donee are valid, but may
be discharged, subject to reimbU'r sement
from the donee (Art. 762).
II.
of donations.
A. Causes in gene1"al:
a. Appearance of children (Art. 760).
(See above discussions, pp. 257-258; this is
really a case of reduction only, but may absorb
the entire donation).
b. Ingratitude (not retroactive in effect) (Art.
765). (See post, par. B).
c. Breach of stipulations by the donee (Art. 764)
(retroactive in effect).
Notes:
1) Par. c is really a case of resolution. Noncompliance is a resolutory condition under
Art. 1191; hence, the difference in effects
as compared with ingratitude.
2) These causes are not self-operating; the
party affected must bring an action' (Oracion vs. Juanillo and Principe, 46 O.G. 5421;
Ongsiaco vs. Ongsiaco, L-7510, 30 Mar. 1957.
3) These causes do not apply to donations prop-te1' nuptiU$ (See Art. 132 for special grounds
of revocation).
,
4) These causes do not apply to 'I1w1tis causa
. donations.
~evocation
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
260
i) "Unduly" means that the donor is legally or morally entitled to demand support.
4) When ,t he donee-spouse gives cause for legal
, sepamtion (Art. 107).
i) The enumeration in Art. 765 should be
strictly construed. The mere fact that
the donee's husband spoke ill of the
donor is not the "ingratitude" consti.:
tuting a ground far revocation (Guzman vs. Ibea, 67 Phil. 633).
b. Limitation of action---:The action must be brought
within 1 year from the knowledge of the offense
(Art. 769).
c. Waiver-The action can not be waived in
advance; and it is not transmissil?le to the heirs
of the donor nor against the heirs of the donee
if the donor could have brought the action himself but did not do so (Art. 770) even if the donor
dies within the year (pardon presumed).
d. jj}jje~ts~The donee shall return the fruits from
the filing of the action (Art. 768).
1) Alienations before annotation of the complaint (lis pendens) in the registry of property are valid (Art. 766) but the donee is
liable for the value of the property (Art.
767).
2) Mortgages made before the annotation of the
complaint are also valid, but the donee is
liable for whatever sum has been paid to discharge the mortgage (Arts. 766, 767) .
3) Amounts paid 'are reimbursable by the donee (Art. 768).
OLJTLI:-iE
261
OUTLINJ<~
PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor
~
B.
A.
tv
~
tv
MOTIVATION
CHARACTER
time
of
Futnre services
R ecoverable debts
Nc,tural obligation
b)
, a)
"
'
.. .
SIMPLE DONATION
ONEROUS DONATION
(Contract)
, . ONEROUS DONATION
(Contract)
. REMUNERATORY
DONATION
. PAYMENT (Contract)
. PAYMENT' (Contract)
. ONEROUS DONATION
(Contract)
b)
ab)
ac)
MORTIS CAUSA . ..
5.
4:
1.
INTER VIVOS
CLASSIFICATION OF DONATIONS
the
6. As of
breach.
5. Can be renounced.
6. Return of fruits.
4. Transmissible against
the heirs of the donee.
renounced
8. Transmissible to the
heirs of the donor.
2. Prescription.
and alienations.
1. As regards mortgages
Revocation for
.appearance of child1'en
(A1t. 164)
e. Comparative table:
74~1
Testament
No special form
No special form
No special form
Statute of Frauds
FORM
4. Not
transmissible
against the heirs of
the donee, unless upon
the donee's death, the
action has been filed.
3.
Revocation on the
ground of ingratitude
(Art. 765)