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PROPERTY
Property is the economic concept of a mass of things useful to human activity & necessary to
life, for w/c reason they may be organized & distributed one way or another, but always for the
good of man.
CHARACTERISTICS
1. Appropriability
2. Utility
3. Substantivity (autonomous/separate existence)
CLASSIFICATION
Arts. 415-417, CC (classification as to mobility)
Real (Art.
415, CC)
Personal
(Arts. 416417, CC)
[NIDA]
1. By nature land, mines, quarries, slag dumps (Art. 415(1) & (8))
2. By incorporation trees, plants, growing fruits; everything attached to an
immovable in a fixed manner (res vinta); statues, reliefs, paintings, fixedly
placed on buildings; animal houses (Art. 415(2), (3), (4), & (6))
3. By destination machinery or instruments destined for use in the industry
or works of the owner of a building/tenement; fertilizer actually used; docks
(Art. 415(5), (7), & (9))
4. By analogy rights & interests over existing immovable properties (e.g.
easements over immovables, contracts for public works, other real rights
over immovables) (Art. 415(10))
[NA]
1. By nature (Art. 416, CC)
(a) Appropriable movables not enumerated in Art. 415 (Art. 416(1))
(b) Realty considered personal by special provision of law (Art. 416(2))
(c) Forces of nature brought under control by science (Art. 416(3))
(d) In general, all things which can be transferred from place to place
without impairment of the realty to which they are fixed (Art. 416(4))
2. By analogy (Art. 417, CC)
(a) Obli. & actions w/ movables/demandable sums as objects (Art. 417(1))
Pineda opines that a sum need not be due & demandable for the
obligation/action to be deemed personal property
(b) Shares of stock (Art. 417(2))
PERSONAL RIGHTS
(jus in personam)
Power of one person to demand of
another (obligor) the fulfillment of a
prestation to give, to do, or not to do
1. Created by title alone
XPN: when the title is also
the mode (e.g. succession)
2. Not directly created over a thing,
but exercised through another
against whom the action is to be
brought (i.e. attached to a
person)
Object
Subjects
Specific property
1. Active subject owner
2. Indefinite passive subject world
Enforceable against any possessor of
the thing, or the whole world
Right of pursuit the real right
follows its object in the hands of
any possessor
Enforceability
Limit
Extinguishmen
t
OWNERSHIP
Ownership, defined
Case: Garcia vs. Ramos (CA case) complete subjection of a thing to ones will in everything
not prohibited by law or the concurrence of the rights of another
Bundle of rights included in ownership
1. Jus utendi (use) (Art. 428, CC)
2. Jus fruendi (fruits) (Art. 440, CC)
3. Jus dispodendi (disposal/disposition partial/total, temporary/permanent) (Art. 428, CC)
4. Jus vindicandi (pursuit & recovery) (ibid.) (see actions for recovery next page)
5. Jus abutendi (abuse, i.e. use by consumption) (implied from jus utendi)
6. Jus prohibendi (exclusion/principle of self-help) (Art. 429, CC) (see below)
7. Other specific rights under CC:
1 Action asking the court to rescind/impugn all acts done by the debtor in fraud of creditors (Art.
1177, CC)
2 Action to be subrogated to all the rights & actions of the debtor save those inherent in his
person (ibid.)
Ancillary
remedies
ACCESSION
Art. 440, CC (accession, defined) extension of ownership over a thing to whatever is:
1. Produced by it
2. Incorporated or attached to it, naturally or artificially
Kinds of accession
Accessio GR: The owner of the fruit-producing property should justly be the owner of the
n discreta
fruits it produces/generates (Art. 441, CC)
XPN: [SAPUL]
1. Succession: fruits of property donated & subject to collation belongs to
the estate from the day succession opens (Art. 1075, CC)
2. Antichresis: fruits pertain to the antichretic creditor (Art. 2132, CC)
3. Possession in good faith: fruits pertain to possessor in GF until legally
interrupted in his possession (Art. 544(1), CC)
4. Usufruct: fruits pertain to the usufructuary (Art. 566, CC)
5. Lease: fruits pertain to the lessee (XPN: contrary stipulation)
Art. 442, CC (kinds of fruits)
1. Natural: spontaneous products of the soil (+ young of animals)
2. Industrial: produced by lands of any kind through cultivation or labor
Art. 444, CC (when natural & industrial fruits are considered to exist)
Perennial fruits (e.g. apples, coconuts): when they physically appear
Annual fruits: from the moment their seedlings sprout from the ground
Accessio
n
continua
What if there are three parties involved: the landowner, the BPS, and the
owner of the materials used?
Answer:
Art. 455 applies (irrespective of whether the first two parties are in good faith or bad
faith).
If all parties are in bad faith, their rights will be determined as if all of them
acted in good faith
1. Rights of the owner of the materials:
i. In good faith: must be reimbursed for the value of the materials by the
BPS
[A] If the BPS could not pay due to insolvency, the landowner is
subsidiarily liable provided he did not choose to appropriate the
thing, or he (the landowner) did not take advantage of Art. 450
[B] Where the landowner had chosen to appropriate what had been
built, planted, or sown: If the BPS had paid the owner of the
materials the value of such materials used, the BPS may demand
from the landowner the value of the materials + cost of the labor in
the construction, planting, or sowing
ii. In bad faith: forfeits all rights to be indemnified; may even be liable for
damages caused
2. Rights of the landowner:
i. Appropriate what has been built, planted, or sown without paying for
necessary or useful expenses
XPN: When necessary
expenses have
been
incurred
(even by a BPS
in bad faith)
ii. Demand the demolition of what has been built or planted, or the
removal of what has been sown, at the BPS expense
iii. Compel the BPS to pay the price of the land
Good faith in the above cases does not necessarily exclude negligence, which gives right to
damages under Art. 2176. (Art. 456)
ACCRETION (Art.
AVULSION (Art. 459, NCC)
457, NCC)
The
process The process whereby a portion of a land is segregated from an estate by
whereby
soil the forceful current of a river, creek, or torrent and transferred to another
(alluvium/alluvion) is estate.
imperceptibly
and
gradually deposited
on lands adjoining
the banks of rivers
caused
by
the
current of the water.
1. The deposit of 1. The process is sudden and abrupt
soil
must
be 2. The property detached or segregated is known and identifiable
gradual
and 3. The owner of the detached property retains ownership over the
same subject to the removal thereof within two years from
imperceptible
detachment
2. It must be the
4.
Ownership of the property detached by way of avulsion is not
result
of
the
automatically vested in the owner of the tenement to which it was
action
of
the
attached
waters of the
river/sea
3. The land where
the
accretion
takes place is
adjacent to the
banks of the river
(or the sea coast)
(Meneses vs. CA,
G.R. No. 82220
July 14, 1995)
4. The
alluvium
belongs to the
owner of the land
to which the soil
had
been
deposited
5. The
ownership
granted to the
riparian owner is
automatic
On ponds and lagoons (Art. 458):
1. Portions of ponds and lagoons left dry
becomes
the
owner of the old
bed
in
proportion
of
the area he lost
2. The
Government
has the right
and power to
revert
the
course of the
new river to its
original location
3. When a river
has changed its
course through
natural causes
and
in
the
process cuts a
new bed in a
private estate,
the
new
riverbed
becomes
a
property
of
public dominion
If the new riverbed
is abandoned and
the river reverts to
its prior course, the
owner of the gets
back their previous
property (i.e. the
now-abandoned
riverbed) (Sanchez
vs. Pascual, G.R.
No. L-3551, October
6, 1908)
2
.
3
.
Rule of greater
importance
(Art.
467, NCC)
Greater
(Art
value
.
(cost)
468
Greater
,
volume
NC
C)
if of equal value
Mixture:
1. The things mixed may be the same or different.
2. When the mixture is by agreement, the parties may stipulate on the terms and conditions
thereof.
3. Each owner shall have a right to the resulting thing proportionate to the value of the thing
he owns if:
(a) The things mixed or confused are not separable without injury (Art. 472)
(b) If two things are mixed or confused by the act of an owner of one of the things in
good faith (Art. 473)
XPN If the perpetrator of
:
the mixture acted in
bad faith:
i. If the other owner
is not in bad faith,
he shall lose the
thing belonging to
him
ii. He shall be liable
for damages to the
owner of the other
thing
If both owners are in
bad faith, the bad
faith
of
one
neutralizes the bad
faith ot the other.
Specification (Art. 474, NCC):
1. A combination of:
(a) The principal: the labor exerted
(b) The accessory: the material used
2. When the maker is in good faith:
(a) The maker shall appropriate the new thing but he must indemnify the owner of
the material for the value thereof
(b) The maker cannot appropriate the new thing if the material transformed is worth
more than the new thing, in which case the owner of the accessory can:
i. Appropriate the new thing subject to the payment to the payment of the
value of the work
ii. Demand indemnity for the material plus damages
3. When the maker is in bad faith:
(a) The owner of the material can:
i. Appropriate the work without paying for the labor or industry exerted
ii. Demand indemnity for the material plus damages
On appropriation of the work:
This cannot be resorted to by the owner of
the material if the value of the work is
To put an end to
vexatious
litigation
in
respect to the
property
concerned
ACTION TO
REMOVE
CLOUD
To procure the
cancellation or
release of an
instrument,
claim,
or
encumbrance in
Natur
e
General
Rule:
Exceptio
n:
CO-OWNERSHIP
Co-ownership is the ownership of two or more persons over a thing or right which had not been
physically divided between, or by and among them.
It is a right of dominion which two or more persons have in a spiritual part of a thing not
physically divided. (Eusebio vs. IAC, G.R. No. L-63996 September 15, 1989)
Co-ownership has the nature of a trust.
Requisites:
1. Plurality of subjects
2. Unity of object
3. Recognition of the ideal shares of the co-owners which determines their respective rights
and obligations
Governing rules:
1. Contract
2. Special provisions (e.g. Family Code as re: ACP, CPG)
3. Arts. 482-501, New Civil Code
Causes of establishment:
1. Contract
2.
3.
4.
5.
Law
Succession
Occupation
Chance
Co-ownership; distinguished
Extent of
ownership
Right to
dispose
share
Effect of
death
Prescriptio
n
law,
contract,
chance,
succession,
or
occupation
Has no legal
personality
Legal
personality
Purpose
Share in the
benefits
Disposition
of share
by contract
Has
a
juridical
personality
that
is
separate and
distinct from
the
personality of
the individual
partners
The
For profit; the
common
advancement
enjoyment of of
the
the property pecuniary
(Art.
486, interests
of
NCC), and the partners
the
(Art.
1767,
preservation NCC)
of the same
Proportionat May
be
e to the subject
to
respective
stipulation
interests of (Arts. 1767 &
the
co- 1790, NCC)
owners (Art.
485, NCC)
A co-owner A
partner
may dispose cannot
of his share dispose
of
without the his share and
consent of substitute the
the others
buyer
or
Exception:
assignee in
in
cases his
place
where
without
the
personal
consent
of
rights
are the
others
involved
(Arts. 1804 &
(Art.
493, 1813, NCC)
Representati
on
Period of
existence
Effect of
death
NCC)
No mutual
representati
on
Exception:
when a coowner files
an ejectment
suit, the rest
are
represented
(Art.
487,
NCC)
Agreement
to exist in
coownership
for not more
than
10
years
is
valid
(Art.
494, NCC),
subject
to
extension by
a
new
agreement
Does
not
dissolve the
coownership;
the
deceased
will
be
represented
by his estate
or heirs in
the
coownership
There
is
mutual
representatio
n (Art. 1818,
NCC)
Exception:
contrary
stipulation
No limit fixed
by law, but is
dissoluble by
the
happening of
certain
contingencie
s (Arts. 183031, NCC)
Dissolves the
partnership
(Art. 1830[5],
NCC)
Nature
COOWNERSHIP
Ordinary
CPG
It is a special
contract
or
relationship
Number
of parties
Gender of
parties
Share in
the profits
Effect of
death
Governin
g law
Could be more
than two
Immaterial
Proportionate
to
the
respective
interests of the
parties
Does
not
dissolve
the
co-ownership
New
Civil
Code
partnership
that
arises
from
marriage, and
agreed upon
before
the
marriage
Two parties:
husband and
wife
A man and a
woman
50/50 basis
Exception:
different
stipulation in
the marriage
settlement
Dissolves the
CPG
Family Code
can only dispose of his undivided share. (Sps. Cruz vs. Leis, et al., G.R. No.
125233. March 9, 2000)
Modes of Extinguishment of Coownership
1. Judicial partition
2. Extrajudicial partition
3. When by prescription, one co-owner has acquired the whole property by adverse
possession
4. When a stranger acquires by prescription the thing owned in common
5. Merger in one co-owner
6. Loss or destruction of the thing
7. Expropriation
POSSESSION
Possession and the kinds thereof
Possession is the holding of a thing or the enjoyment of a right. (Art. 523, NCC) It is the holding
of a thing or of a right, whether by material occupation or by the fact that the thing or right is
subjected to the action of our will. (4 Manresa 17)
Only things and rights which are susceptible of being appropriated may be the object of
appropriation. (Art. 530, NCC)
Essential elements:
1. Corpus:
(a) Existence of a thing or right
(b) Holding (actual or constructive) of the thing, or enjoyment or exercise of the right
2. Animus: Conscious and deliberate intention to possess
3. Holding is by virtue of ones right, either as an owner or as a holder
General
Possession cannot be acquired through force or intimidation, even by the
Rule:
owner of the property. The institution of the proper court action (ejectment,
reivindicatory actions, etc.) is necessary. (Art. 536, NCC)
Exception Principle of self-help
:
As to movables: Art. 536, NCC seems to be applicable, as well.
+ Art. 559, NCC:
(a) One who has lost a movable, or has been so unlawfully deprived of it,
may recover it from the person in possession of the same
(b) If the current possessor has acquired the movable in good faith at a
public sale, the owner cannot obtain its return without reimbursing the
price paid therefor
The following acts do not affect possession:
1. Acts merely tolerated: those allowed by the owner by the impulse of sense of
neighborliness or good familiarity with persons
2. Acts of violence: possession acquired by force or violence (Art. 537, NCC)
Degrees of possession:
1. Possession without title and in violation of the right of the owner (e.g. possession of a
thief over a stolen thing)
2. Possession with juridical title, but the title is not one of ownership (e.g. possession of a
tenant, depository, or pledgee)
3. Possession with a just title which is sufficient to transfer ownership, but not from the real
owner (e.g. possession of a buyer of a piece of land purchased from one who pretends
to be the owner)
4. Possession with a just title from the real owner; perfect possession (e.g. purchase of a
property by someone from the true owner thereof)
Direct and indirect possession:
1. Direct: an owner or possessor being in actual possession of the thing
2. Indirect: possession of a thing in the name of another
(a) Voluntary: if effected through the mutual consent of the parties
(b) Involuntary: arises by operation of law
Possession in the concepts of an owner/holder:
1. Owner: proceeds from the persons belief that he is the owner of the thing as manifested
by certain acts of ownership and public belief in his ownership; good or bad faith is
immaterial; required in acquisitive prescription
(a) Only possession acquired and enjoyed in the concept of owner can serve as a
title for acquiring dominion. (Art. 540, NCC)
(b) A possessor in the concept of owner is presumed to possess the property
concerned with a just title and he cannot be obliged to show or prove it (Art. 541,
NCC)
i. Just title: not limited to documents which are sufficient to transfer
ownership; also covers acts, even verbal acts which are legally sufficient
to transmit ownership of property or a real right (Heirs of Jumero vs.
Lizares, G. R. No. 5051 September 27, 1910)
ii. Requisites for the presumption:
[A] Actual or constructive possession of the property
[B] Possession must be in the concept of an owner
iii. Art. 541, NCC applies to both real and personal property
2. Holder: possessor acknowledges the ownership of the thing by another person
Possession in good faith or in bad faith:
1. Good faith: if the possessor is unaware of any existing flaw or defect in his title or mode
of acquisition which may render it invalid
(a) Mistakes or ignorance of the law, by itself, cannot become the basis of good faith.
What makes such error a basis of good faith is the presence of an apparent
doubt or ambiguity in the law.
General
Rule:
Exception
:
Present possessor
If both claimants are presently in possession: claimant longer in possession
If both claimants began their possession at the same time: claimant who presents a title
If both claimants have titles: the competent court will determine the rightful possessor
(Art. 538, NCC)
Effects of Possession
Exceptio
n:
If the owner:
1. Expressly authorized the
holder to do so; or
2. Ratifies the acts of the
holder (Art. 558, NCC)
Exceptio
n:
On co-possession:
1. Upon the partition of the property in common, each of the co-owners shall be deemed in
possession of that portion allotted to him from the time the partition was made.
This rule applies even if the co-ownership did not arise from succession.
2. If there is an interruption in the possession of a property in common, whether the
interruption affects the whole or only a part of the property, the interruption shall
prejudice all the co-possessors. (Art. 543, NCC)
Questio Will judicial summons give rise to interruptions?
n:
Answer: NO, if:
1. It is void for lack of legal solemnities
2. The plaintiff should desist from the complaint or should allow the
proceedings to lapse
3. The possessor should be absolved from the complaint (Art. 1124,
NCC)
Expenses:
1. Necessary expenses: incurred to preserve the property under pain of loss or physical
deterioration (paraphrasing 4 Manresa 270-271)
(a) Shall be refunded to every possessor, but only the possessor in good faith has
the right to retain the property until he shall have been reimbursed
A possessor in good faith cannot be ejected from the premises until he shall
have been paid for necessary or useful expenses incurred.
(b) Voluntary surrender of property to the owner without refund is a waiver of a
possessor in good faiths right to retention. He may still ask for a refund later,
unless he also waived his right to be refunded.
2. Useful expenses: those which add value to the property (Robles vs. Lizarraga
Hermanos, G.R. No. L-26173, July 13, 1927)
(a) Shall be refunded only to the possessor in good faith (same right of retention as
to necessary expenses)
The person who has defeated him (the possessor) in the possession has
the option of:
i. Refunding the amount of the expenses
ii. Paying the increase in value which the thing may have acquired by
reason thereof (Art. 546, NCC)
3. Luxurious expenses: purely for embellishment; not refundable (Arts. 548-49, NCC)
(a) The possessor may remove the ornaments if the principal thing suffers no injury
thereby, and if his successor in the possession does not prefer to refund the
amount expended
Improvements:
1. The possessor in good faith may remove useful improvements if it can be done without
damaging to the principal thing, unless the person who recovers the possession
exercises the option of:
(a) Refunding the amount of the expenses
(b) Paying the increase in value which the thing may have acquired by reason
thereof (Art. 547; see also par. 2, Art. 546, NCC)
2. Improvements caused by nature or time shall always inure to the benefit of the person
who has succeeded in recovering possession (Art. 551, NCC)
3. One who recovers possession shall not be obliged to pay for improvements which have
ceased to exist at the time he takes possession of the thing (Art. 553, NCC)
Animals (Art. 560, NCC):
1. Wild animals: possessed only when they are under ones control
2. Domesticated/tamed animals: considered as domestic/tame if they retain the habit of
returning to the premises of the possessor
Loss of Possession (Art. 555)
A possessor may lose his possession by:
1. Abandonment (only for personal property)
(a) Expectation to recover is gone
(b) Intention to get it back is given up
2. Assignment made to another (whether by onerous or gratuitous title)
3. Destruction or total loss of the thing
(a) Possession of movables is not deemed lost so long as they remain under the
control of the possessor, even though for the time being he may not know their
whereabouts (Art. 556, NCC)
(b) Possession of immovables and of real rights is not deemed lost, or transferred for
purposes of prescription to the prejudice of third persons, except in accordance
with the provisions of the Mortgage Law and the Property Registration Decree.
4. The thing going out of commerce
5. Possession of another: where the property is transferred to another person (as qualified
by Art. 537) for more than one year but less than ten years and possession de facto is
lost
(a) In the interim, as possession de jure is still there, the previous possessor may file
an accion publiciana with the RTC
(b) The real right of possession is not lost till after the lapse of ten years (Art. 555);
the previous possessor may still file an accion publiciana or reivindicatoria,
unless prescription sets in (Rodriguez vs. Taino, G.R. No. L-5413, July 3, 1910)
USUFRUCT
Usufruct is the right of a person (the usufructuary) to enjoy the property of another (the owner)
with the obligation of returning it at the designated time and preserving its form and substance,
unless the title constituting it or the law provides otherwise.
Objects of Usufruct
1.
2.
3.
4.
5.
Real property
Personal property (Alunan vs. Veloso, G.R. No. L-29158 December 29, 1928)
Flock or herd of livestock (Art.591, NCC)
Transmissible rights which have capability of independent existence
Unproductive things (e.g. sterile animals) (Art. 591, NCC)
LEASE
Covers
only
a
particular use
A real right only if
lease is over real
property and it is
registered or for
more than 1 year
Created only by the The lessor may not
owner
be the owner
Constituted by law, Constituted
by
by the will of a contract
person in an act
inter vivos or mortis
causa,
and
by
prescription
The usufructuary is The lessee is not
responsible
for responsible
for
ordinary repairs
ordinary repairs
The usufructuary is The lessee is not
responsible for taxes responsible for taxes
on the fruits
on the fruits
Rights of the Usufructuary
1. As to things and fruits:
(a) To receive the fruits of the property in usufruct and half of the hidden treasure he
accidentally finds on the property
(b) To enjoy any increase which the thing in usufruct may acquire through
succession, the servitudes established in its favor, and in general, all the benefits
inherent therein
(c) To personally enjoy the thing in usufruct or lease to another
usufructuary
2. When inventory not
required:
(a) No one will be
injured,
provided
the non-making of
the inventory is
with
owners
consent
(b) Waiver
by
the
naked owner or by
the law
(c) If stipulated in a will
or contract
(b) To give security/caucion juratoria (must be in money or property)
When it is not required to
furnish security:
1. When no one will be
injured
2. Waiver by owner or
stipulation in a will or
contract
3. Where usufructuary is
the donor of the
property
who
has
reserved for himself the
usufruct
4. Caucion juratoria: a
sworn duty to take good
care of the property
with due diligence of a
good father of a family
and return the same at
the end of the usufruct.
It takes the place of the
bond
or
security
(usufructuary
is
required but cannot
afford to give security)
and is based on
necessity and humanity
(Art. 587, NCC).
* Requisites:
(a) Proper
court
petition
(b) Necessity
for
delivery of:
i. Furniture
or
house for use
by
usufructuary
and his family;
or
ii. Implements,
tools or other
movables for a
vocation
or
industry
in
which he is
engaged
(c) Approval of the
court
(d) Sworn promise
* The usufructuary
cannot alienate or
lease the property for
this means he does
not need them.
2. During the usufruct:
(a) To take care of the property with the diligence of a good father of a family
(b) To replace with the young thereof animals that die or are lost in certain areas
when the usufruct is constituted of flock or herd of livestock
(c) To make ordinary repairs
(d) To notify the owner of extraordinary repairs
(e) To permit works and improvements not prejudicial to the usufruct
(f) To pay annual taxes on capital paid by the naked owner
(g) To pay interest on taxes on capital paid by the naked owner
(h) To pay debts when the usufruct is constituted on the whole of a patrimony
(i) To secure the owners or the courts approval to collect credits in certain cases
(j) To notify the owner of any prejudicial act committed by a third person
(k) To pay for court expenses and costs regarding usufruct
3. At the termination of the usufruct:
(a) To return the thing unless there is right of retention
(b) To pay legal interest for the time that the usufruct lasts, on the amount spent by
the owner for extraordinary repairs and the proper interest on the sums paid by
the owner
(c) To indemnify the owner for any losses due to his fault or negligence or of his
transferees
Rights of the Owner
1. The right to oblige the usufructuary to make ordinary repairs needed by the thing given
in usufruct (Art. 592, NCC)
2. If the owner made extraordinary repairs, he shall have the right to demand of the
usufructuary the legal interest on the amount expended from the time that the usufruct
lasts (Art. 594, NCC, NCC)
3. The right to construct any works and make any improvements of which the immovable in
usufruct is susceptible, or make new plantings thereon if it be rural, provided that such
acts do not cause a diminution in the value of the usufruct or prejudice the right of the
usufructuary (Art. 595, NCC)
4. If the naked owner paid the taxes directly imposed on the capital; the owner has the right
to demand to the usufructuary the proper interest on the sums which may have been
paid in that character (Art. 597, NCC)
5. The right to be informed by the usufructuary of any act of a third person, of which the
latter may have knowledge, which may be prejudicial to the rights of ownership (Art.
601, NCC)
6. The right to impose upon the tenement any servitudes which will not injure the right of
usufruct (Art. 689, NCC)
Extinguishment of Usufruct
Usufruct is extinguished by:
1. Death of the usufructuary
Excepti
When
a
contrary
on:
intention clearly appears
2. Expiration of the period for which it was constituted, or by the fulfillment of any resolutory
condition provided in the title creating the usufruct
3. Merger of the usufruct and ownership in one person
4. Renunciation of the usufructuary
5. Termination of the right of the person constituting the usufruct
6. Prescription (Art. 603)
NOTE: Usufruct is not extinguished by bad
use of the thing in usufruct. (Art. 610)
EASEMENTS
Easements in general
An easement is an encumbrance imposed upon an immovable for the benefit of:
1. Another immovable belonging to a different owner (Art. 613, NCC)
2. A community (Art. 614, NCC)
3. One or more persons who do not own the encumbered property (Ibid.)
It is a real right constituted on the corporeal immovable property by another, by virtue of which
the owner of the latter has to refrain from doing or to allow that someone do something on his
property, for the benefit of another thing or person.
Elements/characteristics:
If an easement is both continuous and apparent, it can be acquired by either of the following:
1. Title: juridical act giving rise to an easement (e.g. law, donation, contract, etc.)
2. Prescription: continuous adverse possession or exercise of the easement for a period
of 10 years
(a) This is a special kind of prescription; the ordinary rules of prescription as a mode
of acquiring ownership do not apply here
(b) Good faith or just title is not required
(c) Computation of period:
i. Positive easement: from the date of direct invasion (i.e. when the
dominant owner or the user began to exercise it upon the servient estate)
ii. Negative easement: from the date of notarial prohibition (i.e. when the
dominant owner had forbidden, by way of an instrument acknowledged
before a notary public, the servient owner from executing any act which
would be lawful without the easement) (Art. 621)
If an easement is (1) continuous and non-apparent, or (2) discontinuous, whether apparent or
not, it can be acquired only by virtue of a title. (Art. 622, NCC)
If an easement had actually been acquired, but the document or proof is missing or lost,
this problem may be cured by:
(a) A deed of recognition by the servient owner; or
(b) A final judgment (merely declaratory of the existence of the easement and not
creative thereof) (Art. 623, NCC; Duran vs. Ramirez, et al., CA-G.R. No. 1824-R,
June 27, 1949)
Question
:
Answer:
YES.
Under Art. 624 of the New Civil
Code, after the alienation of one
of the estates or the two estates
Easement of natural drainage (Art. 50, Water Code, repealing Art. 637, NCC):
1. The servient estate is the lower estate; the dominant estate is the higher estate
2. Obligations of the servient estate:
(a) To receive not only the waters that naturally flow from the dominant estates, but
also the stones and soil flowing with them
(b) Not to construct works that will impede the easement or which while divert the
flow of the waters and burden any tenement (Osmea vs. Camara, C.A. 380
62773) without providing for an alternative route of drainage
(c) Not to enclose the land by ditches or fences to impede the flow of the waters
(Lunod vs. Meneses, G.R. No. L-4223, August 19, 1908)
Excepti Where
the
on:
dominant estate
failed to file an
action to demolish
the dike within 10
years,
the
easement
was
held
to
be
extinguished for
non-user
3. Obligations of the dominant estate:
(a) Not to cause the construction of works which will intensify the burden on the
servient estate
(b) To compensate the servient owner if the waters are the result of (1) an overflow
from irrigation dams, or (2) artificial descent done by man and damage was
caused by reason thereof
* There will be no indemnity if the conditions laid down in the law had been complied
with by the dominant estates.
Easement of Drainage of Buildings (Arts. 674-76, NCC):
Art.
674
2.
1.
Art.
675
2.
1.
2.
Art.
676
3.
Easement on Riparian Banks (Art. 51, Water Code, repealing Art. 638):
(a) If passage is permanent, equivalent of the value off the occupied land + amount
of damage caused to the servient estate
(b) If passage is temporary (e.g. for gathering of crops [Art. 649, par. 3, NCC],
passage of materials during the construction of a building [Art. 656, ,]), equivalent
to the amount of damage caused
3. The isolation should not be due to the proprietors own acts
4. Least prejudice vs. shortest distance:
(a) If least prejudice and shortest distance concur: the easement shall be
established at the path of shortest distance
(b) If least prejudice and shortest distance do not concur: the easement shall be
established at the path of least prejudice (Art. 650, NCC)
Easement of Party Wall
A party wall is a wall erected on the line between two adjoining properties belonging to different
persons, for the use of both estates.
Every part-owner of a party wall may use it in proportion to the right he may have in the coownership, without interfering with the common and respective uses by the other co-owners.
(Art. 666, NCC)
Governing rules:
1. Provisions of the New Civil Code on easements
2. Local ordinances and customs not conflicting with the New Civil Code
3. Provisions of the New Civil Code on co-ownership
Presumption of the existence of a party wall:
1. In dividing walls of adjoining buildings up to the point of common elevation
2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities
3. In fences, walls, and live hedges dividing rural lands
The presumption is destroyed by the presence of:
1. Title to the contrary
2. Exterior signs to the contrary: ownership of the walls, fences, or hedges shall be
presumed to belong exclusively to the owner of the property where there is an exterior
sign, i.e. whenever
(a) In the dividing wall of buildings, there is a window or opening
(b) The dividing wall is, on one side, straight and plumb on all its facement, and on
the other, it has similar conditions on the upper part, but the lower part slants or
projects outward
(c) The entire wall is built within the boundaries of one of the estates
(d) The dividing wall bears the burden of the building beams, floors, and roof frame
of one of the buildings, but not those of the others
(e) The dividing wall between courtyards, gardens, and tenements is constructed in
such a way that the coping sheds the water upon only one of the estates
(f) The dividing wall, being built of masonry, has stepping stones, which at certain
intervals project from the surface on one side only, but not on the other
(g) Lands inclosed by fences or live hedges adjoin others which are not inclosed
(Art. 660, NCC)
* When an exterior sign contradicts a , NCC title, the latter prevails, being an express
proof of ownership.
3. Proof to the contrary
On common ditches (Art. 661, NCC):
1. When these ditches or drains are
located between two estates belonging
to different owners, they are presumed
to be common unless there is a title or
sign to the contrary
2. If the land is untitled, or when no one
can show proof of ownership of the land
where the ditch or drain exists,
ownership of the same will be
determined by the presence of exterior
signs (i.e. whenever the earth or death
removed to open the ditch or to clean it
is only on one side thereof)
Expenses for construction, repairs, and maintenance (Art. 632, NCC):
1. Shouldered by all the owners of the lands having the party wall in their favor in
proportion to the respective rights of the owners
2. If the party wall needs repairs on one side only, and the impairment is due to the fault or
negligence of the owner of that side, he alone must bear the cost
3. Any owner may exempt himself from contributing to the charge by renouncing his partownership
Exception: when the party wall supports a building belonging to him
Exception to exception: the owner of a building or structure supported by a
party wall who desires to demolish such building or structure may renounce
his part-ownership of the wall, provided he shoulders the cost of all repairs and
work necessary to prevent any damage which the demolition may cause to the
party wall (on this occasion only) (Art. 663, NCC)
NOTE:
1. A part-owner may renounce his share
in the wall without renouncing his share
in the land because the wall is different
from the land.
Raising the height of the party wall (Arts. 664-65, NCC):
1. The part-owner who makes the heightening must spend for the cost and must pay for
the damage caused
2. After the wall has been raised, the expenses for the maintenance thereof shall be borne
by the owner-builder thereof
3. If the existing wall cannot stand the weight of the intended additional wall, and there is a
need to reconstruct a new one, the concerned part-owner will shoulder the expenses
therefor
4. If there is a need to make the wall thicker than the original, the ground space required for
the thickening of the wall shall be taken from the land of the part-owner concerned
5. Non-contributors may acquire part-ownership of the heightened or reconstructed wall by
paying proportionally for the value of the work at the time of the acquisition + the value of
the land used for thickening of the wall
Non-exercise of this right means that the additional upper wall or the
reconstructed wall shall belong to the builder exclusively
Easement of Light and View
1. The easement of light is the right to admit light from the neighboring estate by virtue of
opening of a window or making of certain openings.
2. The easement of light and view is the right to make windows or openings to enjoy the
view (and admit light) through anothers estate and the power to prevent all
constructions or trucks which obstruct such view or make the same difficult
General
Rule:
Exceptio
n:
Period of prescription for the acquisition of an easement of light and view (Art. 668,
NCC):
1. If thru a party wall: from the time of opening of the window
2. If thru a wall on the dominant estate: from the time of notarial prohibition
Rules for regular windows (Art. 670, NCC):
1. Can be opened provided the following distances are observed:
(a) In windows affording direct view: 2 meters between the wall having the windows
and the boundary line between the two estates
(b) In windows affording only side or oblique views: 60 cm between the boundary
line and the nearest edge of the window
NOTES:
1. Direct view: the gaining of direct sight
from an opening in a wall parallel to
the boundary line without having to
extend out or turn ones head to see
the adjoining tenement
2. Oblique/side view: gaining of sight of
the other tenement from an opening
made at an angle with the boundary
line, such that to be able to see the
NOTES:
1. The purpose of restricted windows is
for admitting light and air, but not for
view.
2. Light may be obstructed, unless
easement of light has already been
acquired.
3. There may be several openings,
provided the restrictions are complied
with for every opening.
4. There can also be several openings in
EVERY floor or story, for each floor or
story has a ceiling. (Choco vs.
Santamaria, G.R. No. 6076, December
29, 1911)
Rights/Remedies of the Abutting Owner in case of Restricted Windows:
1. Compel the dominant owner to:
(a) Close the opening
Prescriptive period: 10 years from the opening of the aperture
(b) Comply with the requirements
2. If no notarial prohibition has been made, or if one had been made but the 10-year
prescriptive period had not yet lapsed:
(a) Construct a building on his land
(b) Raising a wall thereon contiguous to the wall of the dominant owner(s) (Art. 669,
par. 3, NCC)
* The servient owner cannot obstruct the opening for light if an easement of light had
already been acquired by the dominant owner through:
(a) Prescription
(b) Stipulation occasioned by the acquisition of part-ownership of the wall by the
servient owner (Art. 669, par. 2, NCC)
Intermediate Distance and Works for
Certain Constructions and Plantings
1. Rule re: fortresses: No constructions can be built or plantings made near fortified
places and fortresses without compliance with the conditions set forth in related special
laws, ordinances, and regulations (Art. 677, NCC)
2. Rule re: construction of aqueducts, wells, others enumerated in Art. 678:
(a) Distances prescribed by regulations and customs of the place must be complied
with
If there are no applicable customs or regulations: necessary precautions
must be taken by the builder/maker to prevent any damage to neighboring
lands or tenements
(b) Illegal structures can be ordered demolished, and the one who caused their
establishment could be made liable for damages
(c) Prohibitions not subject to stipulations (void for being against public policy)
3. Rule re: distances on the planting of trees:
(a) If there are ordinances or customs: follow the distances prescribed by the
ordinances; if there are none, follow generally accepted customs
(b) If there are no ordinances or customs:
i. When tall trees are planted: at least 2 meters from the dividing line of the
two estates measured to the center of the tree
ii. When small trees are planted: at least 50 cm from the dividing line of the
two estates measured to the center of the tree
(c) Remedy for violation: removal of the trees illegally planted
4. Rule re: overextending tree branches and intruding roots (Art. 680, NCC):
(a) Re: branches: owner of overreached estate has the right to demand that these
branches be cut off
He cannot break or cut off the branches without authority
(b) Re: roots: owner of intruded estate can cut off the invading roots himself
Basis: he became owner of the roots by accession
5. Rule re: falling fruits: The owner of the neighboring tenement upon which the fruits fell
owns said fruits. (Art. 681, NCC)
Easement Against Nuisance
This is not really an easement, but a restriction on the right of ownership.
See section on Nuisance.
Lateral and Subjacent Support
This easement is an exception the rule laid down in Art. 437 (see phrase without detriment to
servitudes in said Article).
1. Lateral support: support on the vertical side of a land, the removal of which may cause
the land ot crumble or slide
2. Subjacent support: horizontal support underneath a land or building, the removal of
which may cause the sinking or crumbling of the land or building
3. Rules:
(a) No proprietor shall make such excavations upon his land as to deprive any
adjacent land or building of sufficient lateral or subjacent support (Art. 684, NCC)
(b) Any stipulation or testamentary provision allowing excavations that cause danger
to an adjacent land or building shall be void (Art. 685)
(c) Present and future buildings or constructions are protected by the easement (Art.
686, NCC)
(d) Any proprietor intending to make any excavation contemplated in Arts. 684-86
shall notify all owners of adjacent lands (Art. 687, NCC)
Merely an additional precaution; not a substitute for ones duty to exercise
reasonable care to avoid injury to the adjacent lands or buildings
Voluntary Easements
The owner is free to establish easements on his own land, provided he does not contravene the
laws, public policy, or public order. (Art. 688, NCC)
1. Rules re: usufruct:
(a) When the easement can co-exist with a subsisting usufruct, the consent of the
usufructuary is not required (Art. 689, NCC)
(b) To constitute a perpetual voluntary easement on the property, the consent of the
usufructuary must be obtained (Art. 690, NCC)
2. Rules re: property owned in common: The consent of all the co-owners is required
(a) Consent need not be given simultaneously (consent given will be held in
abeyance until the last co-owner has expressed his conformity)
(b) Once consent is given, it cannot be withdrawn anymore (or revoked by
successors) (Art. 691, NCC)
Exception: Vitiated consent
3. Rule re: what determines the rights and obligations of the dominant and servient
estates:
(a) The title (e.g. contract, will) constituting the easement
(b) Manner and form of possession, if the easement was acquired by prescription
(c) Civil Code (applies suppletorily, but will primarily apply if (a) and (b) are absent)
(Art. 692, NCC)
4. Renunciation: The servient owner who bound himself to pay for the expenses for use
and preservation of the easement and wants to free himself from such obligation may
simply renounce or abandon his property in favor of the dominant owner
(a) He may renounce or abandon that part only of the servient tenement affected by
the exercise of the easement and retain the rest
(b) If the easement affects the entire servient tenement, renunciation must be total
(c) Proper legal form must be followed
NUISANCE
A nuisance is any act, omission, establishment, business, condition of property, or anything
else which:
1.
2.
3.
4.
TITLE
A juridical act or a
deed which is not
sufficient by itself to
transfer ownership
but it provides a
juridical justification
for the effectuation
of a mode
Directly creates a Creates a personal
real right
right which could
ripen into a real right
if
followed
with
delivery
Proximate cause of Remote cause of
acquisition
of acquisition
of
ownership
ownership
* In the case of succession, the title is also
the mode. (Art. 777, NCC)
* Land registration is not a mode of
acquiring ownership; merely confirms the
existence of ones ownership over
property with notice to the whole world
(Bautista vs. Dy Bun Chin, CA-L-6983R
49, O.G. 179)
Classification of modes of acquiring ownership:
1. Original modes:
(a) Occupation
(b) Intellectual creation
(c) Acquisitive prescription
2. Derivative modes:
(a) Law
(b) Donation
(c) Succession
(d) Delivery as a consequence of certain contracts
Occupation
Occupation is the taking of possession of a corporeal thing which is res nullius by a person
through material apprehension and with the intention to appropriate it as his own.
Requisites:
1. The thing must be:
(a) Capable of appropriation
(b) Res nullius
* Ownership of a piece of land cannot be acquired by prescription (Art. 714, NCC)
2. Possession must be taken over the thing
3. Possessor must have the intention to acquire ownership of the thing
Finders, keepers Law (Art. 719, NCC):
1. Covers lost movable properties that are not hidden treasure
2. Duty of the finder:
(a) To return the thing to the previous possessor (need not be the owner), if known
(b) If the finder does not know the owner, or if he knows him but the latter could not
be located: to deposit the thing with the mayor of the place where the thing was
found
3. Duty of the mayor:
(a) To publicly announce the finding of the property appropriately describing it for the
purpose of inviting the attention of the previous possessor or owner of the public
about the finding
4. Duty of the owner:
(a) If the owner appears in time: he shall pay, as reward to the finder:
i. 1/10 of the sum or of the price of the thing found
ii. Reimbursement of the finders expenses incurred for the preservation of
the thing (Art. 546, NCC), and expenses spent for the location of the
owner
iii. Reimbursement of the expenses for publication, if there was a public
auction sale
5. Where the movable cannot be kept for long without deterioration or without substantial
expenses being incurred for its safekeeping, the same will be sold at public auction after
the lapse of 8 days following the publication of the intended auction sale
(a) If the owner (or its previous possessor) did not appear after 6 months from the
publication of the intended auction sale: the thing found, or its value/proceeds if
there was a sale, shall be awarded to the finder
The finder shall pay for the expenses incurred for the publication
Donation
Donation is a mode of acquiring ownership where the donor, through his act of liberality,
disposes gratuitously a thing or a right in favor of the donee, who accepts it. (Art. 725, NCC)
Classification: