SPECIFIC TITLES BY TOPIC

BOOK II
1. Classification of Property
2. Ownership
3. Co-ownership
4. Some Special Properties
5. Possession
6. Usufruct
7. Easements or Servitudes
8. Nuisance
9. Registry of Property
BOOK III
1. Occupation
2. Intellectual Creation
3. Donation
DEFINITION
That branch of civil law which classifies and defines the different
kinds of
appropriable objects, provides for their acquisition and loss,
and in general, treats of the nature and consequences of real rights.
PROPERTY is a thing which is or may be object of appropriation.
CHARACTERISTICS OF PROPERTY:
(a) UTILITY
Means the ability to serve as a means to satisfy human wants. However,
the value of the thing need not be economic.
(b) SUBSTANTIVITY
Means that the object must exist independently of other things. It must
have a separate and autonomous existence.
(c) APPROPRIABILITY
Means that thing can be the object of a juridical relation. Appropriation is
also considered as that characteristics of being capable of occupation or
of being controlled by man.
DIFFERENCES
THING
1. Broader in scope
2. Appropriable and non-appropriable objects
3. Planets, stars, sun
4. Res nullius (belonging to no one); Res communes (belonging to
everyone)
PROPERTY
1. Specific
2. Only appropriable objects (includes both material and intangible
objects)

3. Land, car, leasehold rights

4. Res alicujus (belonging to someone)
CATEGORIES/DISTINCTIONS
Mobility (real or personal)
Ownership (public or private dominion)
Alienability (within or outside the commerce of man)
Existence (present or future)
Materiality (tangible or intangible)
Importance (principal or accessory)
Capability of Substitution (fungible or non-fungible)
Nature (generic or specific)
Status (free or in custodia legis)
CLASSIFICATION OF PROPERTIES
Real (Immovable) Properties
-law does not give a specific definition of what is a real or
immovable property
-that which is firmly fixed, settled or fastened, and while in general,
immovable property is that which is fixed in a definite place
-could be any of the following:
1. Real property by nature
2. Real property by incorporation
3. Real property by destination or purpose
4. Real property by analogy
IMPORTANCE OF CLASSIFICATION OF IMMOVABLE AND MOVABLE
PROPERTIES:
(1) Formalities
Different formalities are required in some cases. Ex. Donation of land must
be in a public instrument.
(2) Registration
Title over immovable property which are not duly inscribed or annotated
in the Registry of Property shall not prejudice 3 rd persons. Movable
properties are not covered by the registry of property.
(3) Acquisitive Prescription
The period for acquisitive prescription is shorter in case of movable
property.
(4) Notices and Publication
Whenever notices and publication are required, there are more
requirements if the property involved is immovable.
(5) Venue
Venue is different if real properties or right are involved.
(6) Sale on installment
(7) Double Sale
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(8) Taxation
Real properties are subject to real property taxes provided for under the
Local Government Code.
IMMOVABLE PROPERTIES
Immovable/Real Property (Article 415)
1. Land, buildings, roads, and constructions of all kinds adhered to the
soil;
2. Trees, plants and growing fruits while they are attached to the land or
form an integral part of an immovable;
3. Everything attached to an immovable in a fixed manner in such a way
that it cannot be separated therefrom without breaking the material or
deterioration of the object;
4. Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such a
manner that it reveals the intention to attach them permanently to the
tenements;
5. Machinery, receptacles, instruments or implements intended by the
owner of the tenement for an industry or works which may be carried on
in a building or on a piece of land, and which tend directly to meet the
needs of the said industry or works;
6. Animal houses, pigeon-houses, beehives, fishponds or breeding places
of similar nature, in case their owner has placed or preserved them, with
the intention to have them permanently attached to the land, and forming
a permanent part of it; the animals in those places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries, and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant;
9. Docks and structures which, though floating, are intended by their
nature and object to remain at a fixed place on a river, lake or coast; and
10. Contracts for public works, and servitudes and other real rights over
immovable property.
1. Land, Buildings, roads and constructions of all kinds adhered to the soil
Land is immovable by its very nature.
Buildings are considered immovable provided they are more or less
permanent structure, substantially adhering to the land and not mere
superimpositions on the land like barong-barongs or quonset fixtures and
provided there is the intent of permanent annexation.
BAR_QUESTION
(Leung Yee v. Strong Machinery Co, 30 Phil 644)
Mortgage of Land and Building

A mortgage of land as a general rule necessarily includes, in the

absence of stipulation, the improvements thereon. However, a building by
itself may still be mortgaged apart from the land on which it has been
built and is still considered as immovable property, and is considered as
real estate mortgage.
In case it is made the subject of a chattel mortgage and
registered in the chattel mortgage registry, it would be void insofar as
third persons are concerned.
Mortgage of Building on Rented Land
A building built on rented land may be the object of a real estate
mortgage. It may even be the subject of a chattel mortgage provided two
conditions are present:
1. that the parties to the contract so agree; and
2. that no innocent third parties will be prejudiced.
2. Trees, plants and growing crops
Trees and plants are considered real properties by nature if they are
spontaneous products of the soil, and by incorporation, if they are planted
thru labor. But the moment they are detached or uprooted from the land
they become personal property, except in the case of uprooted timber, if
the land is timber land.
3. Everything attached to an immovable in a fixed manner.
For the incorporated thing to be considered real property, the injury or
breakage or deterioration in case of separation must be substantial.
Requisites:
(1)The property must be attached to another immovable; and
(2)The property must be attached in a fixed manner the same
cannot be separated from the immovable without breaking
the material or deterioration of the object.
4. Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on land by the owner.
The objects must be placed by the owner of the immovable (buildings or
lands) and not necessarily by the owner of the object. If placed by a mere
tenant, the objects must remain chattels or personalty for the purpose of
the Chattel Mortgage Law.
5. Machinery , receptacles, instruments, or implements intended by the
owner of the tenement for an industry of works.
Essential requisites:
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1. The placing must be made by the owner of the tenement, his

agent, or duly authorized legal representative;
2.
The industry or works must be carried on in the building or
the land;
3.
The machines etc., must tend directly to meet the needs of
said industry or works;
4.The machines must be essential and principal elements in the
industry, and not merely incidental.
Par. 5 refers to real property by destination or purpose.
If the machine is still in the building, but is no longer used in the industry
conducted therein, the machine reverts to the condition of a chattel. On
the other hand, if still needed for the industry, but separated from the
tenement temporarily, the property continues to be immovable, inasmuch
as par. 5 refers, not to real property by incorporation, but to real property
by destination or purpose.
6. Animal houses, pigeon-houses, beehives, fishponds or breeding places
of similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land.
It is submitted that even if the animals are temporarily outside, they may
still be considered as real property, as long as the intent to return is
present.
7. Fertilizer
Fertilizers still in the barn and even those already on the ground but
wrapped inside some newspapers or any other covering are still to be
considered personal property, for they have not yet been actually used or
spread over the land.
8. Mines, quarries and slag dumps
Mines, including the minerals still attached thereto, are real properties,
but when the minerals have been extracted, the latter become chattels.
Slag Dump is the dirt and soil taken from a mine and piled upon the
surface of the ground.
Waters are those still attached to or running thru the soil or ground.
9. Docks and structures
A floating house tied to a shore or a bank post and used as a residence is
considered real property, considering that the waters on which it floats,
are considered immovable.
A vessel is considered as a personal property because it is very movable.

FELS Energy, Inc. vs. The Province of Batangas (G.R. No. 168557, February
16, 2007)
Docks although they are floating are expressly recognized as immovables.
These include power barges that are moored in a bay.
10. Contracts for public works , and servitudes and other real rights over
immovable property.
The properties referred to are not material things but rights, which are
necessarily intangible. The piece of paper on which the contract of public
works has been written is necessarily personal property, but the contract
itself, or rather, the right to the contract is real property.
The properties or rights are considered real property by analogy,
inasmuch as although they are not material, they nevertheless partake of
the essential characteristics of immovable property.
GENERAL CLASSIFICATIONS OF IMMOVABLE PROPERTIES:
(a) IMMOVABLE BY NATURE
Ex. Lands, trees, mines.
(b) IMMOVABLE BY DESTINATION
Ex. Statutes, reliefs, paintings and machinery.
(c) IMMOVABLE BY INCORPORATION
Ex. Buildings, constructions.
MOVABLE PROPERTIES
Movable/Personal Property (Article 416/417)
1. Those movables susceptible of appropriation which are not
included in Article 415 of the Civil Code;
2. Real property which by any special provision of law is
considered as personalty;
3. Forces of nature which are brought under control of science;
4. In general, all things which can be transported from place to
place without impairment of the real property to which they
are fixed;
5. Obligations and actions which have for their object movables
or demandable sums; and
6. Shares of stock of agricultural, commercial and industrial
entities, although they have real estate.
1. Movables susceptible for appropriation
Classic examples includes a car, musical
belongings.

instruments,

personal

2. Real property considered as personalty by special provision of the law.

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Examples are growing crops for purposes of the Chattel Mortgage Law
and machinery placed on a tenement by a tenant, who did not act as the
agent of the tenement owner.
3. Forces of nature
Examples are electricity, gas, light etc.
4. All things which are transported from place to place without impairment
Includes machineries not attached to land nor needed for the carrying on
of an industry conducted therein; examples are portable radio or a
diploma hanging on the wall.
5. Obligations and actions objects are movables or demandable sums.
Examples: If somebody steals my car, my right to bring an action to
recover the automobile is personal property by itself. If my debtor owes
me P100,000, my credit as well as my right to collect by judicial action is
also personal property.
6. Shares of Stock
A share of stock in a gold mining corporation is personal property; but the
gold mine itself, as well as any land of the corporation, is regarded as real
property by the law. The certificate itself evidencing ownership of the
share, as well as the share itself is regarded as personal property. being a
personal property it may be the object of a chattel mortgage.
All shares in all juridical persons should be considered personal property
for there is no reason to discriminate between shares in a corporation, and
shares in other juridical persons like a partnership.
Movable property may either be classified as;
By Nature:
1. Consumable This cannot be used according to its nature without its
being consumed;
2. Non-consumable any other kind of movable property.
By Intention:
1. Fungible If it is agreed that the equivalent be returned;
2. Non-Fungible If it is agreed that the identical thing be returned, even
though by nature it is consumable.
Tests to determine whether the Property is Real or Personal
1. Test by Exclusion those that are not included in Article 415
of the Civil Code are MOVABLES;

2. Test by Description an object is movable if its location can

be changed without substantial injury to the immovable to
which it is attached.
BAR QUESTION - A tenant placed machine for use in a sawmill on the
land of the landlord. Is the machinery real or personal?
As a rule, the machinery should be considered personal, since it
was not placed on the land by the owner of said land. Immobilization by
destination or purpose cannot be generally made by a person whose
possession of the property is only temporary, otherwise we will be forced
to presume that he intended to give the property permanently away in
favor of the owner of the premises. Machinery which is movable in its
nature becomes immobilized when placed in a plant by the owner of the
property or plant, but not when so placed by a tenant, a usufructuary, or a
person having only a temporary right, unless such person acted as the
agent of the owner. (Davao Sawmill Co. vs. Castillo, 61 Phil 709)
GENERAL RULE
-When machinery is attached to land or tenement by the
owner of the land or tenement, consider it as immovable (Article 415, Par
5)
EXCEPTION
-When placed on the land or tenement by a tenant (Davao
Sawmill)
EXCEPTION TO THE EXCEPTION
-When the tenant had promised to leave the machinery on
the tenement at the end of the lease, or when he acted as agent of the
owner of the land (Valdez vs. Central Altagracia, Inc.)
Property classified according to ownership:
(a)
In a public capacity (dominio publico)
(b)
or in a private capacity (propriedad privado)
PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS
Property owned by the State
Of Public Dominion (Article 420)
1.
Those intended for public use-Roads, Canals, Rivers,
Torrents, Ports, Bridges, and others of similar character
2.
Those without being for public use and are intended
for some public service or for the development of the national
wealth.
Definition
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-public dominion means ownership by the State in that the State has
control and administration; ownership by the public in general, in that not
even the State or subdivisions thereof may make them object of
commerce as long as they remain properties for public use.
Republic vs. Ching (G.R. No. 186166, October 20, 2010)
If it cannot be determined if the property is of private ownership or of
public dominion, the property is presumed to be of public dominion.
Under Section 14(2) of P.D. 1529, before acquisitive prescription could
commence, the property sought to be registered must not only be
classified as alienable and disposable; it must also be expressly declared
by the State that it is no longer intended for public service or the
development of the national wealth or that the property has been
converted into patrimonial. Thus, absent an express declaration by the
State, the land remains to be property of public dominion.
Three kinds of Property of Public Dominion:
(a) For public use like roads, canals (may be used by anybody);
(b) For public service like national government buildings, army rifles,
army vessels (may be used only by duly authorized persons);
(c) For the development of national wealth like our natural
resources.
Characteristics:
1. Outside the commerce of men, hence cannot be appropriated;
2. Inalienable hence, cannot be subject of a contract nor can it be
encumbered;
3. Cannot be acquired by prescription;
4. Not subject to attachment or execution;
5. Cannot be burdened with easements;
6. Exempt from real estate tax and are exempt from sale at
public auction;
7. Generally, they can be used by anybody;
8. May be either real or personal.
Manila International Airport Authority vs. Court of Appeals (G.R.
No. 155650, July 20, 2006, 495 SCRA 591)
The Airport Lands and Buildings are devoted to public use because
they are used by the public for international and domestic travel and
transportation. The fact that the MIAA collects terminal fees and other
charges from the public does not remove the character of the Airport
Lands and Buildings as properties for public use. The operation by the

government of a tollway does not change the character of the road as one
for public use. Someone must pay for the maintenance of the road, either
the public indirectly through the taxes they pay the government, or only
those among the public who actually use the road through the toll fees
they pay upon using the road. The tollway system is even a more efficient
and equitable manner of taxing the public for the maintenance of public
roads.
The charging of fees to the public does not determine the character of the
property whether it is of public dominion or not. Article 420 of the Civil
Code defines property of public dominion as one "intended for public use."
Even if the government collects toll fees, the road is still "intended for
public use" if anyone can use the road under the same terms and
conditions as the rest of the public. The charging of fees, the limitation on
the kind of vehicles that can use the road, the speed restrictions and other
conditions for the use of the road do not affect the public character of the
road. (Manila International Airport Authority vs. Court of Appeals )
City of Pasig vs. Republic (G.R. No. 185023, August 24, 2011)
In the present case, the parcels of land are not properties of public
dominion because they are not "intended for public use, such as roads,
canals, rivers, torrents, ports and bridges constructed by the State, banks,
shores, roadsteads." Neither are they "intended for some public service or
for the development of the national wealth." MPLDC leases portions of the
properties to different business establishments. Thus, the portions of the
properties leased to taxable entities are not only subject to real estate tax,
they can also be sold at public auction to satisfy the tax delinquency.
In sum, only those portions of the properties leased to taxable entities are
subject to real estate tax for the period of such leases. Pasig City must,
therefore, issue to respondent new real property tax assessments
covering the portions of the properties leased to taxable entities. If the
Republic of the Philippines fails to pay the real property tax on the
portions of the properties leased to taxable entities, then such portions
may be sold at public auction to satisfy the tax delinquency.
Philippine Fisheries Development Authority vs. CA (G.R. No.
169836, July 31, 2007)
The Court finds that the Authority is an instrumentality of the national
government, hence, it is liable to pay real property taxes assessed by the
City of Iloilo on the IFPC only with respect to those portions which are
leased to private entities. Notwithstanding said tax delinquency on the
leased portions of the IFPC, the latter or any part thereof, being a property
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of public domain, cannot be sold at public auction. This means that the
City of Iloilo has to satisfy the tax delinquency through means other than
the sale at public auction of the IFPC.
Governmental Lands is not synonymous with Public Lands. The first
is broader in scope, and may be said to include also those lands devoted
to public use or public service, as well as public lands before and after
they are made available for private appropriation, and also patrimonial
lands. On the other hand, as has already been seen public lands are
merely part of governmental lands.
Republic vs. East Silverlane Realty Development Corporation [666
SCRA 401,G.R No. 186961, Feb. 20,2012]
Accordingly, there must be an express declaration by the State that the
public dominion property is no longer intended for public service or the
development of the national wealth or that the property has been
converted into patrimonial. Without such express declaration, the
property, even if classified as alienable or disposable, remains property of
the public dominion, pursuant to Article 420(2), and thus incapable of
acquisition by prescription. It is only when such alienable and disposable
lands are expressly declared by the State to be no longer intended for
public service or for the development of the national wealth that the
period of acquisitive prescription can begin to run. Such declaration shall
be in the form of a law duly enacted by Congress or a Presidential
Proclamation in cases where the President is duly authorized by law.
A tract of land formerly low and swampy, but gradually raised by the
action of the sea, is not susceptible of prescription, and may therefore be
recovered by the government despite the construction thereon of a
warehouse and a wharf. The land is part of public domain. (Insular
Government vs. Aldecoa and Co., 19 Phil. 505)

Republic vs. City of Paranaque (677 SCRA 246) (G.R. No. 191109,
July 18, 2012)
Foreshore and submerged areas irrefutably belonged to the public domain
and were inalienable unless reclaimed, classified as alienable lands open
to disposition and further declared no longer needed for public service.
The fact that alienable lands of public domain were transferred to the
Public Estates Authority (PEA) now Philippine Reclamation Authority (PRA)

and issued land patents or certificates of titles in PEAs name did not
automatically make such lands private.
Patrimonial (Article 421)
All other property of the State, which is not intended for public use
nor for the development of the national wealth.
It is wealth owned by the State in its private or proprietary capacity.
It is property over which the state has the same rights and of which
it may dispose, to the same extent as private individuals
BAR QUESTION- When does a property of public dominion become
patrimonial property?
When a property of the State is no longer needed for public
use or for public service, they can only be considered as patrimonial
property after a formal declaration by the executive or the legislative that
the same is no longer of public dominion. Otherwise, a property of public
dominion continues to be that notwithstanding the fact that is no loner
actually devoted for such use or service. Article 422 is not self executing.
Although, as a rule, property of public dominion when no longer used for
public service, shall form part of the patrimonial property of the State, it
should be remembered that under Art. 461, an abandoned river bed
belongs not to the State, but to the private land owner whose land is now
occupied by the changed course, in proportion to the area lost.
Property owned by Provinces, Cities, and Municipalities (Articles
423, 424)
For Public Use
1.
Provincial roads,
2.
City streets,
3.
Municipal streets,
4.
The squares,
5.
Fountains,
6.
Public waters,
7.
Promenades, and
8.
Public works for public service paid for by said
provinces, cities, or municipalities.
Patrimonial
Any other property not included in the above list.
Case: Viuda de Tan vs. Municipal Council of Iloilo (49 Phil. 52)
Facts:
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The Municipality of Iloilo bought from the widow of Tan Toco a parcel of
land for $42,966.40 which was used for street purposes. For failure of the
municipality to pay the debt, the widow obtained a writ of execution
against the municipal properties, and by virtue of such writ was able to
obtain the attachment of two auto trucks used for street sprinkling, one
patrol automobile, two police stations, and two markets, including the lots
on which they had been constructed. The issue is the validity of the
attachment.
Held:
The attachment is not proper because municipal-owned real and personal
properties devoted to public or governmental purposes may not be
attached and sold for the payment of a judgment against a municipality.
Just as it is essential to exempt certain properties of individuals from
execution, so it is essential and justifiable to exempt property for public
use from execution, otherwise governmental service would be
jeopardized.
Municipality of Paoay, Ilocos Norte vs. Teodoro Manaois ( L-3485,
June 30, 1950)
Property however, which is patrimonial and which is held by
municipality in its proprietary capacity is treated by great weight of
authority as the private asset of the town and may be levied upon and
sold under an ordinary execution. The same rule applies to municipal
funds derived from patrimonial properties, for instance, it has been held
that shares of stocks held by municipal corporations are subject to
execution. If this is true, with more reason should income or revenue
coming from these shares of stock, in the form of interest or dividends, be
subject to execution
(a)
Properties of a political subdivision for public use cannot be
alienated as such, and may not be acquired by prescription;
(b)
Properties of a political subdivision which are patrimonial in
character may be alienated, and may be acquired by others thru
prescription.
Privately-owned Properties (Article 425)
All property belonging to private persons, either individually
or collectively, besides the patrimonial property of the State, provinces,
cities, and municipalities.

OWNERSHIP
Definition
The right to enjoy, dispose, and recover a thing without
further limitations than those established by law or the will of the owner.
The juridical relation of a person over a thing by virtue of
which said person has the exclusive power or authority to receive all
benefits and advantages arising from said thing, save those restricted by
law or by recognized rights of others.
Modes of Acquiring Ownership
1. Occupation;
2. Intellectual creation;
Original
3. Law;
4. Donation;
5. Testate and intestate succession;
Derivative
6. Tradition; and
7. Prescription.
Rights included in Ownership
1. To enjoy
a. Right to possess (Jus possidendi)
b. Right to use (Jus Utendi)
c. Right to the fruits and accessions (Jus Fruendi)
2. To dispose (Jus Disponendi)
a. Right to destroy or abuse or consume (Jus Abutendi)
b. Right to alienate
c. Right to transform
d. Right to encumber
3. To vindicate / recover
a. pursuit
b. Recovery (Jus Vindicandi)
4. To exclude
a. to enclose, fence, and delimit
b. to repel intrusions even with force
ACTIONS TO RECOVER:
(a) Recovery of Personal Property:
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Replevin Is an action or provisional remedy where the complaint prays

for the recovery of the possession of personal property.
(a) Recovery of Real Property:
a.1. Forcible Entry or Unlawful Detainer;
a.2. Accion Publiciana;
a.3. Accion Reivendicatoria.
Machinery and equipment used for an industry and indispensable for the
carrying on of such industry, cannot be the subject of replevin, because
under the premises, they are real, and not personal property. (Machinery
and Engineering Supplies, Inc. vs. Court of Appeals, 96 Phil. 70)

Unlawful Detainer:
Is the action that must be brought when possession by a landlord, vendor,
vendee or other person of any land or building is being unlawfully withheld
after the expiration or termination of the right to hold possession, by
virtue of any contract, express or implied.
The action must be brought within 1 year from the time possession
becomes unlawful.

An accion publiciana is a plenary action for recovery of possession in an

ordinary civil proceeding in order to determine the better and legal right
to possess, independently of title. The objective of the plaintiffs in an
accion publiciana is to recover possession only not ownership. However,
where the parties raise the issue of ownership, the courts may pass upon
the issue to determine who between the parties has the right to possess
the property.
Accion Reivindicatoria:
Is the action to recover ownership over real property. The action
must be brought before the Regional trial Court where the real property is
situated.
The issue involved is ownership, and for this purpose evidence of
title or mode may be introduced. On this point of ownership, the action
differs from accion publiciana where the issue is the better right of
possession (possession de jure), and from forcible entry or unlawful
detainer where the issue is material possession (possession de facto). All
three actions however, though involving real property, are actions in
personam, and are therefore binding only upon the parties and privies
thereto.
The right of ownership is not absolute. There are limitations which
are imposed for the benefit of humanity, and which are based on certain
legal maxims, such as:
1. The welfare of the people is the supreme law of the land (police
power)
2. The owner of a thing cannot make use thereof in such a manner as
to injure the rights of a third person (Article 431)

Accion Publiciana
Is intended for the recovery of the better right to possess, and is a plenary
action in an ordinary civil proceeding before the Regional Trial Court and
must be brought within a period of 10 years otherwise the real right of
possession is lost. The issue is not possession de facto but possession de
jure.

Limitations on Ownership
1. Those given by the State (police power, eminent domain, taxation)
2. Those given by the law (legal easements)
3. Those given by the owner (lease, pledge)
4. Those given by the grantor (donor prohibits partition, conditional
institution)

Two kinds of accion publiciana:

1. That where the entry was not obtained thru FISTS (fraud,
intimidation, stealth, threat or strategy);
2. That where the 1 year period for bringing forcible entry or
unlawful detainer has already expired.

OWNERSHIP vis a vis POSSESSION

Ownership exists when a thing pertaining to one person is completely
subjected to his will in a manner not prohibited by law and consistent with
the rights of others.
Ownership confers certain rights to the owner, one of which is the right to
possess.

Forcible Entry:
Is a summary action to recover material or physical possession of real
property when a person originally in possession was deprived thereof by
force, intimidation, strategy, threat or stealth. (FISTS)
Action must be brought within 1 year from dispossession.
The issue involved is mere physical possession (possession de facto) and
not juridical possession (possession de jure) nor ownership.

Tolentino vs. Laurel (666 SCRA 561) (2012)

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Possession is defined as the holding of a thing or the enjoyment of a right.

Literally, to possess means actually and physically occupy a thing with or
without a right.
Antonino vs. The Register of Deeds of Makati City (674 SCRA 227)
(2012)
Ownership is transferred when there is actual or constructive delivery and
the thing is considered delivered when it is placed in the control or
possession of the buyer or when the sale is made through a public
instrument and the contrary does not appear or cannot be inferred.
Santiago vs. Villamor [G.R. No. 168499, November 26, 2012 (686
SCRA 313)]
Ownership of the thing sold shall be transferred to the vendee upon the
actual or constructive delivery thereof. The thing sold shall be understood
as delivered, when it is placed in the control and possession of the
vendee.
A person who does not have actual possession of the thing sold cannot
transfer constructive possession by the execution and delivery of a public
instrument.
DOCTRINE OF SELF-HELP
-the right to use force (Article 429)
Authorizes the owner or the lawful possessor of a property to use
reasonable counter-force to prevent or stop another person from taking
the formers property
The right to repel or prevent an actual or threatened physical invasion or
usurpation of property is essential to the maintenance of property rights.
Requisites:
1. Actual or threatened physical invasion or usurpation of
property (the person against whom force is employed has
acted or is acting wrongfully or unlawfully; invasion or
usurpation must be unlawful)
2. Owner or lawful possessor is the one defending the property
(if ownership or possession is wrongful or illegal, the right to
use force cannot be availed of)
3. Reasonably necessary force to repel the invasion or
usurpation (owner or lawful possessor must use only such
force as may be reasonably necessary to repel or prevent an
invasion or usurpation of his property; otherwise, he may be
liable for damages)

4. Exercised at the time of an actual or threatened

dispossession or immediately thereafter (no delay; if there is
delay, even if excusable, resort to judicial process is
required)
BAR QUESTION -Can a third person (non-owner, not a lawful possessor)
exercise the doctrine of self-help?
Yes, but under the principle of negotiorum gestio, the owner
or the lawful possessor must indemnify him for any injuries or damage
sustained by the third person while he was exercising the right to use
force to protect the property of the owner or the lawful possessor.
RIGHT TO ENCLOSE
The owner can exclude others by erecting fences in the boundaries
subject to limitations likes those brought about by easement.
SIC UTERE TUO UT ALIENUM NON LAEDAS
The owner of the thing cannot make use thereof in such a manner as to
injure the rights of a third person
Andamo vs. Court of Appeals (G.R. No. 74761, November 6, 1990)
It must be stressed that the use of one's property is not without
limitations. Article 431 of the Civil Code provides that "the owner of a
thing cannot make use thereof in such a manner as to injure the rights of
a third person." SIC UTERE TUO UT ALIENUM NON LAEDAS. Moreover,
adjoining landowners have mutual and reciprocal duties which require that
each must use his own land in a reasonable manner so as not to infringe
upon the rights and interests of others. Although we recognize the right of
an owner to build structures on his land, such structures must be so
constructed and maintained using all reasonable care so that they cannot
be dangerous to adjoining landowners and can withstand the usual and
expected forces of nature. If the structures cause injury or damage to an
adjoining landowner or a third person, the latter can claim indemnification
for the injury or damage suffered.
DOCTRINE OF STATE OF NECESSITY
-the least evil rule (Article 432)
Authorizes the destruction of a property which is lesser in value to
avert the danger poised to another property, the value of which is much
greater;

Page 9 of 45

The owner of the sacrificial property is obliged to tolerate the act of

destruction but subject to the reimbursement by all those who benefitted
thereby;
Requisites
A. The interference is necessary to avert an imminent danger (must be to
avert an imminent danger and the threatened damage to the actor or
third person)
a. Interference includes all acts to anothers property including
its destruction if necessary to avoid the danger or damage
b. If interference is disproportionate to the necessity of averting
the threatened danger or damage, it becomes unlawful or
wrongful
B. The threatened damage, compared to the damage arising to the owner
from the interference, is much greater (as between two evils, one is
justified in choosing the lesser evil)
SURFACE AND SUB-SURFACE RIGHT
The owner of the land is entitled to exercise his right to the surface, the
space above it and the sub-surface.
The right over the surface and the sub-terrain areas of ones property is
indivisible.
National Power Corp. vs. Lucman G. Ibrahim et. al (G.R. No.
168732, June 29, 2007)
The Court feels that the rights over the land are indivisible and that the
land itself cannot be half agricultural and half mineral. The classification
must be categorical; the land must be either completely mineral or
completely agricultural.
Registered landowners may even be ousted of ownership and possession
of their properties in the event the latter are reclassified as mineral lands
because real properties are characteristically indivisible. For the loss
sustained by such owners, they are entitled to just compensation under
the Mining Laws or in appropriate expropriation proceedings.
Moreover, petitioners argument that the landowners right extends to the
sub-soil insofar as necessary for their practical interests serves only to
further weaken its case. The theory would limit the right to the sub-soil
upon the economic utility which such area offers to the surface owners.
Presumably, the landowners right extends to such height or depth where
it is possible for them to obtain some benefit or enjoyment, and it is
extinguished beyond such limit as there would be no more interest
protected by law.

BAR QUESTION Is there a connection between the doctrine of self-help

and the state of necessity?
Yes. As a general rule, a person cannot interfere with the right of
ownership of another. Thus, Article 429 allows the use of force in the
exercise of ones ownership. By way of exception, Article 432 allows
interference with anothers property under certain conditions. However,
the state of necessity does not exempt possible civil liability.
Two requirements to raise
PRESUMPTION OF OWNERSHIP.
(a)
Actual possession;
(b)
Claim of ownership.

DISPUTABLE

REBUTTALE

Requisites in an action to RECOVER:

(a)
Property must be identified;
(b)
Reliance on title of the plaintiff.
HIDDEN TREASURE
Defined:
Is understood for legal purposes, to be any hidden and unknown deposit
of money, jewelry, or other precious objects, the lawful ownership of which
does not appear.
HIDDEN TREASURE
GENERAL RULE
The treasure goes to the owner of the land, building or other
property on which it is found (in line with the surface right of a land owner
as provided by Article 437)
If the treasure is found on the property of another or of the State or any of
its subdivision, and by chance
to the finder (if not a trespasser) and to the owner of the
land/State.
If the treasure is of interest to science or the arts
The State may acquire them at their just price, which shall be
divided in conformity with the abovementioned rules.

Requisites: Hidden Treasure

Page 10 of 45

1. Hidden and unknown deposit such that finding it would indeed be a

discovery (the original owner does not know about it anymore, has
abandoned it, open to occupation)
2. Consists of money, jewelry or other precious objects (ejusdem
generis gold bar, silver ornaments, NOT minerals)
3. Lawful ownership is not identifiable (owner cannot be traced or
identified)
BAR QUESTION What is the rule is the finder is a paid laborer of the
owner of the land where the hidden treasure is found?
If the paid laborer really just discovered the treasure by
chance, he gets half as provided for by Article 438. If however, he had
been employed precisely to look for the treasure, he will not get anything
insofar as the treasure is concerned. (by chance means that the finder
had no intention to search for the treasure)
In the case of treasure hunting in both government and private
lands, permits should be secured from the DENR (DENR Admin Order No.
2002-04 dated Jan. 22, 2002 issued pursuant to EO No. 35 dated Sept. 17,
2001 and Sec. 4 (8) Chapter 1 Title XIV Book IV of the Administrative
Code of 1987)
EXCEPTION:
Permits to hunt exclusively of materials of cultural and historical
values which shall be under the National Museum;
Rights of a Usufructuary over the Hidden Treaure Found on Land
He is Using:
The law says; With respect to hidden treasure which may be found
on the land or tenement, the usufructuary shall be considered a stranger.
It simply means that the usufructuary, does not get any share. If he found
the treasure, he gets half as a finder; but is another person found it, such
person gets half as finder, and the naked owner gets the other half as
owner. The same rules applies to a tenant or lessee.
Trespasser:
A trespasser (one prohibited to enter, or not given authority to
enter) who discovers hidden treasure is not entitled to any share of the
treasure. If a person lawfully allowed to enter discovers the treasure, but
does not reveal the fact of discovery, he does not thereby become a
trespasser, in view of the permission to enter. Thus, he is still entitled to
his share.
Precious Object deliberately Hidden:

If deliberately hidden by the owner, precious objects cannot be

considered hidden treasure even if discovered by another as long as the
true owner can prove his ownership. This is because far from abandoning
or renouncing his property, he intended to return to it. Thus, said property,
not being hidden treasure, cannot indeed be acquired by occupation, one
of the modes of acquiring ownership, which includes within its scope
hidden treasure.
Death of a Lawful Owner:
If the ownership of the treasure is known, but the owner is already
dead, same will not be considered as hidden treasure, and must
therefore go to the owners rightful heirs. If the only legal heir left is the
state, the treasure will appertain to the States patrimonial property.
ACCESSION
Definition (Article 440)
The right of a property owner to everything which is produced
thereby or which is inseparably incorporated or attached thereto, either
naturally or artificially.
Accession IS NOT A MODE of acquiring ownership; it is an
ATTRIBUTE of ownership.
Classification of Accession:
(a) Accession Discreta (To the Fruits)
a.1. Natural Fruits
a.2. Industrial Fruits
a.3. Civil Fruits
(b) Accession Continua (Attachment or Incoporation)
b.1. With reference to the Real property:
b.1.1. accession industrial
(1) building
(2) planting
(3) sowing
b.1.2. accession natural
(1) alluvium
(2) avulsion
(3) Change of course of rivers
(4) Formation of islands
b.2. With respect to personal property:
b.2.1. adjunction or conjunction
(a) inclusion (engraftment);
(b) soldadura (attachment);
(c) tejido (weaving)
Page 11 of 45

(d) pintura (painting)

(e) escritura (writing)
b.2.2. mixture (confusion-liquids; commixtion-solids)
b.2.3. specifications
ACCESSION DISCRETA
Right to the ownership of fruits produced by our property.
Fruits (produced thereby)-accession discreta
1. Natural Spontaneous products of the soil and the young and
other products of animals;
2. Industrial Those produced by lands of any kind through
cultivation or labor;
3. Civil Rents of buildings, the price of leases of lands and
other property and the amount of perpetual or life annuities
or other similar income.
GENERAL RULE:
The owner of the principal likewise owns the natural, industrial and civil
fruits.
EXCEPTIONS:
(1)
Possession of a possessor in good faith;
(2)
Usufructuary;
(3)
Lessee of rural land;
(4)
Pledgee;
(5)
Antichretic creditor.
Accession Continua:
The right pertaining to the owner of a thing over everything which is
incorporated or attached thereto either naturally or artificially.
Incorporation and/or Attachment (inseparably) - accession
continua
REAL Property
PERSONAL Property
1.Accession industrial
1.Adjunction/conjunction
-building, planting, sowing
-engraftment, attachment, weaving,
2. Accession natural
painting, writing
-alluvium, avulsion, channge of 2. Mixture
course of rivers, formation of -confusion, commixtion
islands
3. Specification

Alluvium:
The accretion which lands adjoining the banks of rivers, lakes, or torrents
gradually received from the effects of the currents of the waters.
Avulsion:
The accretion which takes place whenever the current of a river, lake,
creek or torrent segregates from an estate on its bank a known portion of
land and transfers it to another estate.
Change of course of rivers:
That which takes place when a river bed is abandoned through natural
change in the course of the waters.
Formation of Islands:
Formation of the islands either on the seas within the jurisdiction of the
Philippines, on lakes, and on navigable or floatable rivers or non-navigable
and non-floatable rivers.
Basic Principles in Accession
1. Accessory follows the principal.
2. He who is in good faith may be held responsible but will not
be penalized (liability for damages).
3. Bad faith involves liability for damages.
4. Bad faith of one party neutralizes the bad faith of another.
5. To the owner of a thing belongs the extension or increase of
such thing.
6. Accession exists only if the incorporation is such that
separation would either seriously damage the thing or
diminish its value.
7. No one shall be unjustly enriched at the expense on another.
ARTICLE 443 VS. ARTICLE 449
Article 443
He who receives the fruits
has the obligation to pay for the
expenses made by a third person in
their production, gathering and
preservation.

Article 449
He who builds, plants or sows
in bad faith on the land of another,
loses what is built, planted or sown
without right to indemnity. (Relate
to Article 452)

Article 449 applies only if the crops have not yet been gathered (here the
landowner gets the fruits without indemnity by the principle of accession
Page 12 of 45

continua). On the other hand, Article 443 applies when the crops have
already been gathered (hence, accession continua cannot be applied).
Article 443 does not apply when the planter is in good faith, because in
this case, he is entitled to the fruits already received, hence, there is no
necessity of a reimbursement.
RULES ON GOOD FAITH / BAD FAITH
(a) The builder, planter or sower (B.P.S.) is in BAD FAITH if he makes use of
the land or materials which he knows belong to another;
(b) He is in GOOD FAITH if he did not know that he had had no right to
such land or materials.
(c)The owner of the materials is in BAD FAITH if he allows another to use
the materials without informing him of the ownership thereof.
(d) The owner of the materials is in GOOD FAITH if he did not know that
another was using his materials; or granting that he did not know, if he
informed the user of the ownership thereof and made necessary
prohibition.
As applied to the builder, planter or sower, GOOD FAITH consists of
ignorance of the ownership of another, while BAD FAITH consists in the
knowledge of such ownership. In other words, there is GOOD FAITH if he is
not aware that there is flaw or defect in his title or mode of acquisition
which invalidates it while, there is BAD FAITH if he is aware of such flaw or
defect.

GOOD FAITH
GOOD FAITH
Remove materials if without
Acquire
building,
planting, sowing after
injury to work or without
paying
indemnity
for
plantings or constructions
value of materials. (Right
being destroyed. (Limited
of appropriation)
right of removal)
Receive indemnity for value
of materials.

BAD FAITH
GOOD FAITH
Remove materials in any
Acquire
after
paying
value of materials and
event
indemnity for damages
Be indemnified for damages.
but
subject
to
the
preferred right of the
owner of materials to
remove.
GOOD FAITH
BAD FAITH
Acquire without paying
Lose materials without right
indemnity
to be indemnified.
BAD FAITH

BAD FAITH

As if both acted in good faith.

LAND OWNER IS THE BUILDER, PLANTER OR SOWER

LAND OWNER AND BUILDER, OWNER OF MATERIALS
PLANTER OR SOWER

CO-OWNER
Article 448 of the CC cannot apply where a co-owner builds, plants or
sows on the land owned in common for then he did not build, plant or sow
upon land that exclusively belongs to another but of which he is a coowner. The co-owner is not a third person under the circumstances, and
the situation is governed by the rules of co-ownership
Del Campo vs. Abesia (G.R. No. L-49219 April 15, 1988)
The court a quo correctly held that Article 448 of the Civil Code cannot
apply where a co-owner builds, plants or sows on the land owned in
common for then he did not build, plant or sow upon land that exclusively
Page 13 of 45

belongs to another but of which he is a co-owner. The co-owner is not a

third person under the circumstances, and the situation is governed by
the rules of co-ownership. However, when, as in this case, the coownership is terminated by the partition and it appears that the house of
defendants overlaps or occupies a portion of 5 square meters of the land
pertaining to plaintiffs which the defendants obviously built in good faith,
then the provisions of Article 448 of the new Civil Code should apply.
Manresa and Navarro Amandi agree that the said provision of the Civil
Code may apply even when there was co-ownership if good faith has been
established.

Spouses Macasaet vs. Spouses Macasaet (G.R. Nos. 154391-92,

September 30, 2004) (482 Phil 853)
This Court has ruled that this provision covers only cases in which the
builders, sowers or planters believe themselves to be owners of the land
or, at least, to have a claim of title thereto. It does not apply when the
interest is merely that of a holder, such as a mere tenant, agent or
usufructuary. From these pronouncements, good faith is identified by the
belief that the land is owned; or that -- by some title -- one has the right to
build, plant, or sow thereon.

Communities Cagayan Inc. vs. Spouses Nanol (G.R. No. 176791,

November 14, 2012)
The Court applied Article 448 by construing good faith beyond its limited
definition. We find no reason not to apply the Courts ruling in Spouses
Macasaet v. Spouses Macasaet in this case. We thus hold that Article
448 is also applicable to the instant case. First, good faith is presumed on
the part of the respondent-spouses. Second, petitioner failed to rebut this
presumption. Third, no evidence was presented to show that petitioner
opposed or objected to the improvements introduced by the respondentspouses. Consequently, we can validly presume that petitioner consented
to the improvements being constructed. This presumption is bolstered by
the fact that as the subdivision developer, petitioner must have given the
respondent-spouses permits to commence and undertake the
construction. Under Article 453 of the Civil Code, "it is understood that
there is bad faith on the part of the landowner whenever the act was done
with his knowledge and without opposition on his part."
LESSEE, USUFRUCTUARY OR TRUSTEE
Art. 448 is also not applicable if the builder, planter or sower is a tenant,
usufructuary or trustee who recognizes that another person is the owner.
LAND OWNER IS NOT THE BUILDER, PLANTER OR SOWER

However, in some special cases, this Court has used Article 448 by
recognizing good faith beyond this limited definition. Thus, in Del Campo
v. Abesia, this provision was applied to one whose house -- despite
having been built at the time he was still co-owner -- overlapped with the
land of another. This article was also applied to cases wherein a builder
had constructed improvements with the consent of the owner. The Court
ruled that the law deemed the builder to be in good faith. In Sarmiento
v. Agana, the builders were found to be in good faith despite their
reliance on the consent of another, whom they had mistakenly believed to
be the owner of the land.
Based on the aforecited special cases, Article 448 applies to the present
factual milieu. The established facts of this case show that respondents
fully consented to the improvements introduced by petitioners. In fact,
because the children occupied the lots upon their invitation, the parents
certainly knew and approved of the construction of the improvements
introduced thereon. Thus, petitioners may be deemed to have been in
good faith when they built the structures on those lots. (Spouses
Macasaet vs. Spouses Macasaet)
Page 14 of 45

Since the choice given to the landowner is confined to either an

appropriation of the house or to a compulsory selling of the land, he has
no right of removal or demolition, UNLESS after having selected a
compulsory sale , the builder fails to pay for the land.
PNB vs. De Jesus (G.R. No. 149295, September 23, 2003)
A builder in good faith can, under the foregoing provisions, compel the
landowner to make a choice between appropriating the building by paying
the proper indemnity or obliging the builder to pay the price of the land.
The choice belongs to the owner of the land, a rule that accords with the
principle of accession, i.e., that the accessory follows the principal and not
the other way around. Even as the option lies with the landowner, the
grant to him, nevertheless, is preclusive. He much choose one. He cannot,
for instance, compel the owner of the building to instead remove it from
the land. In order, however, that the builder can invoke that accruing
benefit and enjoy his corresponding right to demand that a choice be
made by the landowner, he should be able to prove good faith on his part.
Given the findings of both the trial court and the appellate court, it should
be evident enough that petitioner would fall much too short from its claim
of good faith. Evidently, petitioner was quite aware, and indeed advised,
prior to its acquisition of the land and building from Ignacio that a part of
the building sold to it stood on the land not covered by the land conveyed
to it.
Equally significant is the fact that the building, constructed on the land by
Ignacio, has in actuality been part of the property transferred to petitioner.
Article 448, of the Civil Code refers to a piece of land whose ownership is
claimed by two or more parties, one of whom has built some works (or
sown or planted something) and not to a case where the owner of the land
is the builder, sower, or planter who then later loses ownership of the land
by sale or otherwise for, elsewise stated, where the true owner himself is
the builder of works on his own land, the issue of good faith or bad faith is
entirely irrelevant. (PNB vs. De Jesus)
LANDOWNER
GOOD FAITH
Option to:
i.
acquire

improvements

BUILDER/PLANTER/SOWER
and OWNER OF MATERIALS
BAD FAITH
Lose them without right to be
indemnified.

without
paying indemnity and
LAND
OWNER
collect damages;
ii.
sell the land to the BP or rent
it toFAITH
the sower, and collect
GOOD
damages
in both
Land
owner has
the cases;
option to:
iii.
order
demolition
of work
or
1. sell the land
to the
restoration
to
former
builder/planter or collect
condition
collect
rent fromandthe sower,
damages
bothvalue
cases.of the
unlessinthe
Pay land
BPS necessary
expenses
is
considerably
for preservation.
greater than the building,
etc., in which case, the
builder/planter shall pay
rent under the terms fixed
by the parties; or
2. 2. acquire improvements
after paying indemnity
which could either be
original
cost
of
improvements;
or
increase in the value of
the whole.

Recover necessary expenses

BUILDER/PLANTER/SOWER
and
for
preservation
of
land.
OWNER OF MATERIALS
Pay damages to the LO.
GOOD FAITH
In case the landowner opts to
acquire the improvements, the
builder has the right to retain the
property until indemnity is paid and
he cannot be required to pay rent.

A builder in bad faith can lose the building without indemnity for the
necessary or useful expenses for the building but he must be indemnified
the necessary expenses for the preservation of the land because after all
the true owner would have borne such expenses anyway, even if nothing
had been built on the land.
LANDOWNER

BUILDER/PLANTER/SOWER
and OWNER OF MATERIALS
BAD FAITH
GOOD FAITH
Landowner must indemnify
Preferred right to remove
BPS for improvements and
them in any event and/or
pay damages (Unless BPS will
Be indemnified for damages.
remove);
Cannot compel BPS to buy
land.
BAD FAITH
As if both acted in good faith
Page 15 of 45

LAND OWNER, BUILDER/PLANTER/SOWER,

MATERIALS ARE DIFFERENT PERSONS
LAND OWNER (LO)
BUILDER/PLANTER/
SOWER (BPS)
GOOD FAITH
Acquire
improvements
after payment of
indemnity to
BPS and be
subsidiarily
liable to OM.
Sell the land to
BP except if its
value is
considerably
more or rent
land to sower.
GOOD FAITH
Option to:
1. acquire
improvem
ents and
pay
indemnity
to BPS;
2. sell the
land to
the BP
except if
the value

GOOD FAITH
Right of
retention until
payment of
indemnity for
necessary and
useful expenses.
Primarily liable
to pay value of
materials to OM.

GOOD FAITH
Right of
retention for
necessary and
useful expenses.
Keep buildings,
etc. without
indemnity to OM
and collect
damages from
him.

AND

OWNER

OF

OWNER OF
MATERIALS (OM)

GOOD FAITH
Collect value of
materials
primarily from
BPS and
subsidiarily from
LO if former is
insolvent.
Remove
materials only if
he can without
injury.

BAD FAITH
Lose materials
without right to
indemnity;
Pay damages.

of the
land is
considera
bly more;
then,
forced
lease;
3. rent it to
the sower.
Without
subsidiary
liability for cost
of materials.
GOOD FAITH
Option to:
1. acquire
improvements
without paying
indemnity and
collect
damages;
2. demolition/
restoration plus
damages
3. sell to BP or
collect rent from
seller plus
damages.

BAD FAITH
Recover
necessary
expenses for
land
preservation;
Loses
improvements
without right to
indemnity from
LO unless LO
sells the land.

BAD FAITH
Recover value
from BPS (in pari
delicto);
If BPS acquired
improvements,
remove materials
if possible
without injury;
No action against
LO and may be
liable for
damages.

Pay necessary
expenses to
Page 16 of 45

BPS.

GOOD FAITH

BAD FAITH

Option to:

As if all acted in good

faith.
BAD FAITH
Acquire
improvements
after paying
indemnity and
damages to BPS,
unless the latter
decides to
remove;

GOOD FAITH
Remove
improvements;
Be indemnified
for damages in
any event.

Subsidiarily
liable to OM for
materials
BAD FAITH
Acquire
improvements
after indemnity;
Subsidiarily
liable to OM for
materials;
Sell to BP except
if value of land
is considerably
more or rent to
sower.

BAD FAITH
Right of
retention for
necessary
expenses;
Pay the value of
materials to OM
and pay him
damages.

GOOD FAITH
Remove
materials if
possible without
injury;
Collect value of
materials
primarily from
BPS; subsidiarily
from LO.

GOOD FAITH
Collect value of
materials
primarily from
BPS with
damages; or
subsidiarily from
LO with
damages;
Remove
materials in any
event if BPS
acquired
improvements.

1. acquire
improvements
without paying
indemnity and
collect
damages;
2. Sell to BP or rent
to sower and
collect damages
3. demolition/
restoration plus
damages;
4. pay necessary
expenses to
BPS;
4. subsidiarily liable to
OM without damages.
BAD FAITH
Acquire
improvements
and pay
indemnity and
damages to BPS
unless the latter
decides to
remove.
LAND OWNER (LO)

BAD FAITH
Recover
necessary
expenses;
Loses
improvements
without right of
indemnity from
LO unless LO
sells the land;
Loses right of
retention;
Pay damages to
LO;

GOOD FAITH
Collect value of
materials
primarily from
BPS with
damages, or
subsidiarily from
LO without
damages;
Remove
materials in any
event if BPS
acquired
materials.

Primarily liable
to pay value of
materials plus
damages.

GOOD FAITH
Indemnity for
damages;

BAD FAITH
No indemnity;
loses materials.

Remove
improvements
in any event.

BUILDER/PLANTER/
SOWER (BPS)

OWNER OF
MATERIALS (OM)
Page 17 of 45

It is the owner of the land who is allowed to exercise the option because
his right is older and because by the principle of accession he is entitled to
the ownership of the accessory thing, unless he is in bad faith.
Spouses Narvaez vs. Spouses Alciso (G.R. No. 165907, July 27,
2009)
Article 448 is inapplicable in cases involving contracts of sale with right of
repurchase it is inapplicable when the owner of the land is the builder,
sower, or planter. Article 448 does not apply to a case where the owner of
the land is the builder, sower, or planter who then later loses ownership of
the land by sale or donation. Otherwise stated, where the true owner
himself is the builder of the works on his own land, the issue of good faith
or bad faith is entirely irrelevant.
ACCRETION
Accretion the process whereby soil is deposited to the lands adjoining
the banks of rivers, and gradually received as an effect of the current of
the waters.
Alluvium the soil deposited or added to the lands.
Essential Requisites of Alluvium
1. The deposit should be gradual and imperceptible;
2. The increase must be comparatively little;
3. The cause is the current of the water;
4. The current must be that of the river; and
5. The river must continue to exist.
The owners of the lands adjoining the banks of the river (riparian owner)
shall own the accretion which they gradually receive.
Accretion operates ipso jure. However, the additional area is not covered
by a Torrens title and the riparian owner must register it. In short,
automatic ownership but not automatic registration.
1.
2.

Accretion
Is the process whereby the soil is
deposited;
Is a broader term because alluvium,
strictly speaking, applies only to the soil
deposit on river banks. It is also possible
that a soil deposit be made also on the
banks of the lake.

3.
4.

Alluvium
Is the soil deposited;
Soil deposit on river banks.

Accretions of the character of alluvium are natural incidents of land

bordering running streams and are therefore not affected by registration
laws (Payatas Estate Improvement Co. vs. Tuason, 53 Phil. 55)
Indeed registration does not protect the riparian owner against diminution
of the area of his land thru gradual changes in the course of the adjoining
stream. (C.N. Hodges vs. Garcia, L-12730, August 22, 1960).
Avulsion
It is the process whereby the current of a river, creek or torrent segregates
from an estate on its bank a known portion of land and transfers it to
another estate.
The owner of the land to which the segregated portion belongs retains
ownership thereof, provided he removes (not merely claims) the same
within 2 years from such segregation.
In case of uprooted trees, the owner retains ownership if he makes a claim
within 6 months.
Definition:
1. River A natural stream of water, of greater volume than a
creek or rivulet flowing, in a more or less permanent bed or
channel, between defined banks and walls,
which a current
which might be continuous in one
direction or affected
by the ebb and flow of the tide.
2. Creek A small stream less than a river; a recess or inlet in the store
of a river, and not a separate or independent stream though it is
sometimes used in the latter meaning.
3. Torrent - A violent, rushing, or turbulent stream.
ALLUVIUM

AVULSION

The deposit of the soil is A sudden or abrupt process may be

gradual and imperceptible.
seen.
The soil cannot be identified.

Identifiable or verifiable.

The deposit belongs to the The deposit belongs to the owner

owner of the property to from
whose
property
it
was
which it is attached.
detached.
PRESUMPTION:

Page 18 of 45

In the absence of evidence, that the change in the course of the river was
sudden or that it occurred through alluvium, the presumption is that the
change was gradual and was caused by alluvium and erosion.
Rules on Change of Course of Rivers
River beds abandoned through the natural change in the course of the
waters.
OWNERSHIP Owners whose lands are occupied by the new course (by
operation of law)
AREA In proportion to the area lost. However, the owners of the lands
adjoining the old bed shall have the right to acquire the same by paying
the value thereof, which value shall not exceed the value of the area
occupied by the new bed.
RIGHTS OF THIRD PERSONS Owners of lands adjoining the old bed
have the right to acquire the same by paying its value.
Requisites for Change of River Bed to apply. (Art. 461)
1.
The change must be sudden in order that the old river bed may be
identified;
2.
The changing of the course must be more or less permanent and
not temporary
overflooding of anothers land;
3.
The change of the river bed must be a natural one;
4.
There must be definite abandonment by the government ;
5.
The river must continue to exist, that is, it must not completely dry
up or disappear;
Republic vs. Santos III [G.R. No. 160453, Nov. 12, 2012 (685 SCRA
51)]
River beds that dry up continue to belong to the State as its property of
public dominion, unless there is an express law that provides that the
dried-up river beds should belong to some other person.
The principle that the riparian owner whose land receives the gradual
deposits of soil does not need to make an express act of possession, and
that no acts of possession are necessary in that instance because it is the
law itself that pronounces the alluvium to belong to the riparian owner
from the time that the deposit created by the current of the water
becomes manifest.

OWNERSHIP Public dominion.

Current of river divides itself into branches, leaving a piece of land or part
thereof isolated.
OWNERSHIP Owner of land retains ownership.
Portion of land separated from the estate by the current.
OWNERSHIP Owner of land retains ownership.
Ownership of Islands (Article 465)
-unidentifiable accumulated deposits
1.If formed on the sea:
a. State, if within the territorial waters and maritime zones or
jurisdiction of the Philippines
b. First country to effectively occupy, if outside of Philippine
territorial jurisdiction
2. If formed on lakes, navigable or floatable river State
3. If formed on non-navigable or non-floatable rivers
a. if nearer in margin to one bank, owner of the nearer margin is the
sole owner
b. if equidistant, it shall be divided longitudinally in halves between
the riparian owners of both sides.
4. If islands are formed by the branching of the river the landowner
retains ownership of the isolated piece of land.
RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY
THREE TYPES OF
PROPERTY:
1.
Adjunction;
2.
Mixture;
3.
Specification.

ACCESSION

WITH

RESPECT

TO

MOVABLE

Adjunction
A process by virtue of which two movable things belonging to
different owners are united in such a way that they form a single object.
1. Adjunction or Conjunction
a. Inclusion or engraftment (setting of stone on a ring

River opens new bed on private estate.

Page 19 of 45

b. Soldadura or Soldering (joining a piece of metal to another metal

of some kind belonging to a different owner (ferruminatio or plumbatura)
c. Escritura or writing (writing a poem on a paper of another)
d. Pintura or painting (painting on a canvas of another)
e. Tejido or Weaving (using threads belonging to another in making
a textile)
Requisites:
1. There are two movables belonging to different owners;
2. They are united in such a way that they form a single object;
3. They are so inseparable that their separation would impair their
nature or result in substantial injury to either component.
The resulting object shall belong to the owner of the principal
thing but with the obligation to indemnify the owner of the accessory for
the value of the latters things.
Primary Factors to Determine the Principal and the Accessory (Article 467)
1. The thing which is incorporated to another thing as an ornament is
the accessory. The other is the principal.
2. The thing to which it is added to or joined to another for the use or
perfection of the latter is the accessory. The other is the principal.
Examples:
a. In a fountain pen, the pen is the principal while its cover is the
accessory even if the cover is embedded with diamonds.
b. In a ring with a stone mounted on it, the ring is the principal and
the stone is the accessory. The stone is mounted as an ornament to
the ring.
BAR QUESTION What if the accessory is more precious than the
principal?
Article 469 provides that whenever the things united can be
separated without injury, their respective owners may demand their
separation. But if the accessory is more precious than the principal,
separation, although with injury (but not destruction) is allowed.
Expenses for the separation must be borne by the person who caused the
union if both parties are in good faith.
Secondary Factors to Determine Principal and the Accessory( In the event
that Rule 467 cannot be applied)
1. The one which has a greater value shall be considered as the
principal;

2. If they happen to be of equal value, then the one with greater

volume shall be considered as principal;
3. Special Criteria for Painting, etc., the law gives more importance to
the work done rather than on the things where the work has been
done. Finally that which has greater merits.
Examples:
1. Cement and sand belonging to different owners were mixed to
make hallow blocks for building purposes. If the cement utilized is
more expensive than the sand used, the cement shall be the
principal and the sand the accessory.
2. If the cement and the sand are of the same value or price, then the
principal shall be the one which is of greater volume. If there is
more sand used than the cement, the latter is the accessory and
the former the principal.
RIGHTS AND OBLIGATIONS OF THE PARTIES IN ADJUNCTION
OWNER OF PRINCIPAL (OP)
GOOD FAITH:
1. IF
SEPARATION
IS
NOT
POSSIBLE WITHOUT INJURY:
General Rule:
OP gets the accessory.
Exception: If the accessory is much more
precious, his right to retain the accessory is
subject to the right of OA.
2. IF SEPARATION IS POSSIBLE WITHOUT
DAMAGE:
OP can demand for separation.

OWNER OF ACCESSORY (OC)

GOOD FAITH:
1. IF
SEPARATION
IS
NOT
POSSIBLE WITHOUT INJURY:
General Rule:
OA is entitled to reimbursement.
Exception: If accessory is much more precious ,
he can demand for separation.

OWNER OF THE PRINCIPAL (OP)

GOOD FAITH:
1. Right to retain the accessory.
2. Right to claim for damages.
BAD FAITH:
1. He is liable for damages.
2. His right to retain is subject to the
superior right of OA to ask for
removal.
BAD FAITH:
Same rule if good faith

OWNER OF THE ACCESSORY (OA)

BAD FAITH:
1. He loses the accessory.
2. He is liable for damages.
GOOD FAITH:
1. The right to claim damages.
2. The right to demand removal if
there is injury.

2. IF SEPARATION IS POSSIBLE WITHOUT

DAMAGE:
OA can demand the separation of the accessory.

BAD FAITH:
Same rule if in good faith.

Mixture (Article 472)

When two or more things belonging to different owners are
mixed or combined with the respective identities of the component parts
destroyed or lost.
Page 20 of 45

c. Owner of the material cannot appropriate the work if value thereof

is considerably more than the material due to the artistic or
scientific importance of the work.

COMMIXTION
-mixture of solid things belonging to different owners
CONFUSION
-mixture of liquid things belonging to different owners
Rules governing Mixtures:
1. Mixture by will of the owners
-their rights shall be first governed by their stipulations; in the
absence of any stipulation, each owner acquires a right or interest in the
mixture in proportion to the value of his material as in co-ownership
(Article 485)
2. Mixture caused by an owner in good faith or by chance
-the share of each owner shall also be proportional to the value of
the part which belonged to him (if the things mixed are exactly of the
same kind and quality, just divide the mixture equally or proportionately;
if they can be separated, separate as in co-ownership;)
3. Mixture is caused by an owner in bad faith
-forfeits the thing belonging to him plus damages
4. Mixture made with knowledge or without objection of the other
owner
-as though acted in good faith
Specification
The giving of a new form to anothers material thru the application of
labor and industry.

Rules in Specification:
1. When the maker (principal) 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 than the new thing. The owner of
the material can appropriate the new thing after paying the value of
the work or he can demand indemnity of the value of the material.
2. When the maker (principal) is in bad faith
a. The owner of the material can appropriate the work without paying
for the labor or industry exerted
b. The same owner can demand indemnity for material plus damages

RIGHTS AND OBLIGATIONS OF THE PARTIES IN SPECIFICATIONS

1.
2.

5.
6.

1.
2.

MAKER (M)
OWNER
OF
MATERIAL MAKER (M)
(The one who applied (OM)
(The one who applied
labor)
labor)
GOOD FAITH:
GOOD FAITH:
GOOD FAITH:
General Rule:
General Rule:
General Rule:
He retains the material. 1.
OA is entitled to 3.
He retains the material.
He must indemnify OM.
reimbursement.
4.
He must indemnify OM.
Exception: If the material is Exception: If material is more Exception: If the material is more
more valuable than the resulting
valuable
than
the valuable than the resulting thing
thing his rights (Gen. Rule) is
resulting thing
his rights (Gen. Rule) is
subject to the superior right of 1.
He can either acquire subject to the superior right of
OM.
the resulting thing subject to OM.
payment to M for the value
of labor; OR
2.
Demand
reimbursement for value of
the material.
GOOD FAITH:
BAD FAITH:
GOOD FAITH:
Right to retain the 2.
He
loses
the
1.
Right to retain the
accessory.
accessory.
accessory.
Right to claim damages 3.
He
is
liable
for
2.
Right to claim damages
damages.
BAD FAITH:
GOOD FAITH:
BAD FAITH:
He
is
liable
for 1.
The right to claim
3. He is liable for damages.
damages.
payment for value of materials 4.
His right to retain is
His right to retain is
plus damages; OR
subject to the superior right of
subject to the superior right of 2.
The right to claim the
OM to retain the resulting
OM to retain the resulting
resulting
thing
without
thing.
thing.
indemnity.
BAD FAITH:
BAD FAITH:
BAD FAITH:
Same rule if in good faith.
Same rule if in good faith.
Same rule if in good faith.

ADJUNCTION
Involves at
two things

MIXTURE

SPECIFICATION

least Involves at least twoInvolves only one thing

things
but form is changed

Accessory follows Co-ownership results

the principal

Accessory follows the

principal
Page 21 of 45

Things joined retain Things

mixed
mayThe new object retains
their nature
either retain or loseor preserves the nature
their respective nature of the original object
QUIETING OF TITLE (Article 476)
Kinds
1. Remedial (action to remove the cloud or to quiet title)
a. There is a cloud on title to real property or any interest
therein;
b. The cloud is by reason of any instrument, record,
claim, encumbrance or proceeding which is apparently
valid or effective but is in truth and in fact invalid,
ineffective, voidable or enforceable, and may be
prejudicial to said title.
2. Preventive (action to remove the cloud or to quiet
title)
3.
Chung Jr. vs. Mondragon [(686 SCRA 112) (2012)]; Mananquil vs.
Moico [(686 SCRA123) (2012)]
The issues in a case for quieting of title are fairly simple; the plaintiff need
to prove only two things, namely;
(1) the plaintiff or complainant has a legal or an equitable title to or
interest in the real property subject of the action; and
(2) that the deed, claim, encumbrance or proceeding claimed to be
casting a cloud on his title must be shown to be in fact invalid or
inoperative despite its prima facie appearance of validity or legal
efficacy.
Existence of a Cloud;
(a)
It exists because of an instrument (deed or contract) or record or
claim or encumbrance or proceeding;
(b)
Which is apparently valid or effective;
(c)
But is in truth and in fact, invalid, ineffective, voidable, or
enforceable, or extinguished (or terminated) or barred by extinctive
prescription;
(d)
And may be prejudicial to the title.
Prescription of Action
1. Plaintiff in possession imprescriptible

2. Plaintiff not in possession 10 years ordinary; 30 years

extraordinary
Moreover, even if the action is brought within the period of
limitations, it may be barred by LACHES, where there is no excuse offered
for the failure to assert the title sooner.
CO-OWNERSHIP (Article 484)
The right of common dominion which two or more persons have in a
spiritual part of a thing which is not physically divided.
Ownership of undivided thing or right belongs to different persons.
Ideal share, no specific part.
Requisites:
1. Plurality of subjects, which means that there must at least be two
persons with rights of ownership;
2. Unity of Object, which means that there must be one thing or right
which is not yet divided materially and the co-owners are tied up to
one another because of this unity;
3. Recognition of ideal share, which means that the co-owners
acknowledges the fact of co-ownership;
How CO-OWNERSHIP is created?
(1) Donation inter vivos;
(2) Law;
(3) Occupation;
(4) Contract;
(5) Chance;
(6) Succession or Testamentary Disposition.
Co-ownership has the nature of a trust (Sotto vs. Reyes 86 SCRA 154)
and possession of a co-owner is like that of a trustee and shall not be
regarded as adverse to the other co-owners but in fact as beneficial to all
of them (Salvador vs. CA 60 SCRA 303)
CO-OWNERSHIP
(a) No legal personality;
(b) Created by contract or by other things;
(c) Purpose- collective enjoyment;
(d) No mutual representation;
(e) Not dissolved by death or incapacity of coowner;

ORDINARY PARTNERSHIP
(a) Has legal or juridical personality
(b) Created by contract only (either express or
implied);
(c) Purpose is for profit;
(d) There is mutual representation;
(e) Is dissolved by death or incapacity of a partner;

Page 22 of 45

(f) Can dispose of his share without the consent

of others;
(g) Profits must always depend on proportionate
shares.

(f) Cannot substitute another partner in his place

without the consent of the others;
(g) Profits may be stipulated upon.

CO-OWNERSHIP
(a) May arise thru an ordinary contract;
(b) Sex of the co-owners is immaterial;
(c) Co-owners may be two or more;
(d) Profits are proportional to respective interests;

CONJUGAL PARTNERSHIP
(a) Arises only because of the marriage contract;
(b) One must be a male, the other a female;
(c) Conjugal owners are always two;
(d) Profits are generally 50-50 unless a contrary
stipulation is in a marriage settlement;
(e) Death of either husband or wife dissolves the
conjugal partnership;
(f) Generally, the husband is the administrator;

(e) Death of one does not dissolve the coownership;

(f) Generally all the co-owners administer;

Right to Use Property Owned in Common (Article 486)

-each co-owner is granted the right to use the property for purposes
intended but with the following restrictions:
a. The interest of the co-ownership must not be injured or prejudiced;
b. The other co-owners must not be prevented from using the
property owned in common.
Right of Co-owners to Bring an Action in Ejectment (Article 487)
- allows a co-owner to bring an action for recovery of possession
without the necessity of joining all the other co-owners as co-plaintiffs
because it is deemed to be instituted for the benefit of all co-owners.
-the presumption is that it is a representative suit instituted in
behalf of all.
Marmo vs. Anacay (G.R. No. 182585, November 27, 2009)
When the controversy involves a property held in common. Art. 487 of the
Civil Code explicitly provides that, any one of the co-owners may bring an
action in ejectment. The term action in ejectment includes also an
accion publiciana (recovery of possession) or accion reivindicatoria
(recovery of ownership)
This should be distinguished from a case where the actions for quieting of
title and unlawful detainer, respectively, were brought for the benefit of
the plaintiff alone who claimed to be the sole owner. Such action will not
prosper unless the plaintiff impleaded the other co-owners who are
indispensable parties. In these cases, the absence of an indispensable
party rendered all subsequent actions of the court null and void for want

of authority to act, not only as to the absent parties but even as to those
present.
Thus, where the suit is brought by a co-owner, without repudiating the coownership, then the suit is presumed to be filed for the benefit of the coowners and may proceed without impleading the other co-owners.
However, where the co-owner repudiates the co-ownership by claiming
sole ownership of the property or where the suit is brought against a coowner, his co-owners are indispensable parties and must be impleaded as
party defendants, as the suit affects the rights and interests of these other
co-owners.(Marmo vs. Anacay)
Consent Required:
1. Preservation of thing
ONE co-owner may make, but if practicable, notify the other co-owners;
Compulsory for ALL co-owners to give their consent but a co-owner may
exempt himself by renouncing his undivided interest (provided not
prejudicial to the co-ownership).
1. Alterations/acts of ownership ALL OWNERS must give
consent.
2. Others (useful improvements, luxurious embellishments,
administration and better enjoyment)
MAJORITY of co-owners (not numerical but financial, i.e., those who
represent the controlling interest in the object of the co-ownership).
NO MAJORITY/RESOLUTION OF MAJORITY SERIOUSLY PREJUDICIAL TO
THOSE INTERESTED Court may order measures including appointment of
administrator.
ALTERATION:
Is a change which is more or less permanent, which changes the use of
the thing and which prejudices the condition of the thing or its enjoyment
by others.
Example of Alterations:
(a)
Sale, donation or mortgage of the whole property;
(b)
Sale, donation or mortgage of a part of the property;
(c)
A voluntary easement;
(d)
Lease of real property;
(e) Construction of a house on a lot owned in common.
Effects of an Illegal Alteration:
Page 23 of 45

(a)
(b)
(c)
(d)
it.

The co-owner responsible may lose what he has spent;

Demolition can be compelled;
He would be liable for loses and damages;
But whatever benefits the co-ownership derives will belong to

Rights of Each Co-owner as to the Thing owned in Common:

1. To use the thing owned in common
a. according to the purpose for which it is intended;
b. without prejudice to the interest of the co-ownership;
c. without preventing the other co-owners from using the
thing according to their own rights.
2. To share in the benefits and charges in proportion to the
interest of each;
3. To the benefits of prescription
a. PRESCRIPTION IN FAVOR OF ONE CO-OWNER SHALL
BENEFIT ALL OTHERS!!
4. To compel the others to share in the expenses of preservation
even if incurred without prior notice;
5. To oppose alterations made without the consent of all, even if
beneficial;
6. To protest against seriously prejudicial decisions of the
majority;
7. To protest against seriously prejudicial decisions of the
majority;
8. To exercise the right of redemption within 30 days from
notice of sale of an undivided share of another co-owner to a
stranger;
9. To defend the co-ownerships interest in court;
10.To demand partition at any time; and
11.To bring an action in ejectment.
Adlawan vs. Adlawan (G.R. No. 16916, January 20,2006)
It is not disputed that petitioner brought the suit for unlawful detainer in
his name alone and for his own benefit to the exclusion of the heirs of
Graciana as he even executed an affidavit of self- adjudication over the
disputed property. It is clear therefore that petitioner cannot validly
maintain the instant action considering that he does not recognize the coownership that necessarily flows from his theory of succession to the
property of his father, Dominador.

In the same vein, there is no merit in petitioners claim that he has the
legal personality to file the present unlawful detainer suit because the
ejectment of respondents would benefit not only him but also his alleged
co-owners. However, petitioner forgets that he filed the instant case to
acquire possession of the property and to recover damages. If granted, he
alone will gain possession of the lot and benefit from the proceeds of the
award of damages to the exclusion of the heirs of Graciana. Hence,
petitioner cannot successfully capitalize on the alleged benefit to his coowners. Incidentally, it should be pointed out that in default of the said
heirs of Graciana, whom petitioner labeled as "fictitious heirs," the State
will inherit her share and will thus be petitioners co-owner entitled to
possession and enjoyment of the property. (Adlawan vs. Adlawan)
Rights of Each Co-Owner as to His/Her Ideal Share
1. To have full ownership of his/her part and of his/her share of
the fruits and benefits;
2. To substitute another person in its enjoyment, except when
personal rights are involved;
3. To alienate, assign or mortgage his/her share; and
4. To renounce part of his interest to reimburse necessary
expenses incurred by another co-owner.
Acquisition by Prescription
Prescription will not lie against a co-owner unless there be
a valid repudiation of the co-ownership.
Requisites:
1.
He must make known to the other co-owners that he is
definitely repudiating the co-ownership and claiming
complete ownership over the property.
2.
Evidence of repudiation and knowledge on the part of
the others must be clear and convincing.
3.
Open,
continuous,
public,
peaceful,
adverse,
possession for the period of time required under the law.
4.
The period of prescription starts from such repudiation.
Heirs of Juanita Padilla vs. Magdua (630 SCRA 573) (2010)
Co-heirs or co-owners cannot acquire by acquisitive prescription the share
of the other co-heirs or co-owners absent a clear repudiation of the coownership, as expressed in Article 494 of the Civil Code.
Since possession of co-owners is like that of a trustee, in order that a coowners possession may be deemed adverse to the cestui que trust or
other co-owners, the following requisites must concur:
Page 24 of 45

(1) that he has performed unequivocal acts of repudiation

amounting to an ouster of the cestui que trust or other co-owners,
(2) that such positive acts of repudiation have been made known to
the cestui que trust or other co-owners, and
(3) that the evidence thereon must be clear and convincing.
Ining vs. Vega (G.R. No. 174727, August 12, 2013)
No prescription shall run in favor of one of the co-heirs against the others
so long as he expressly or impliedly recognizes the co-ownership.
For prescription to set in, the repudiation must be done by a co-owner.
Time and again, it has been held that "a co-owner cannot acquire by
prescription the share of the other co-owners, absent any clear
repudiation of the co-ownership. In order that the title may prescribe in
favor of a co-owner, the following requisites must concur:
(1) the co-owner has performed unequivocal acts of repudiation
amounting to an ouster of the other co-owners;
(2) such positive acts of repudiation have been made known to the other
co-owners; and
(3) the evidence thereof is clear and convincing."
Partition
A co-owner can demand partition at anytime, insofar as his share is
concerned.
Action imprescriptible; cannot be barred by laches, absent a repudiation of
the co-ownership of the co-owner.
No partition if:
1. Prohibited by agreement for a period not exceeding 10
years; maybe extended after original period has
prescribed provided each does not exceed 10 years;
2. Prohibited by testator or donor for a period not
exceeding 20 years;
3. Prohibited by law;
4. Physical partition of the property would render the
property unserviceable for its intended use;
5. Legal nature of the common property does not allow
partition.
Legal Partition: (Art. 498)
1. Thing is essentially indivisible
2. Procedure:

a. give the whole to the co-owner who will be required to

indemnify the rest
b. if not agreed upon, public or private sale and its
proceeds divided among the co-owners.
Go vs. Go (G.R. No. 183546, September 18, 2009)
An action for partition involves two phases. During the first phase, the trial
court determines whether a co-ownership in fact exists while in the
second phase the propriety of partition is resolved. Thus, until and unless
the issue of co-ownership is definitely resolved, it would be premature to
effect a partition of the subject property.
Termination of Co-ownership (CALSTEP)
1. Consolidation/merger in one co-owner;
2. Acquisitive prescription in favor of a third person or a coowner who repudiates the co-ownership;
3. Loss or destruction of property;
4. Sale of property co-owned;
5. Termination of period;
6. Expropriation; and
7. Partition (either judicial or extrajudicial).
CONDOMINIUM ACT (Republic Act No. 7426)
Condominium
An interest in real property consisting of a separate interest
in a unit in a residential, industrial or commercial building and an
undivided interest in common, directly or indirectly, in the land on which it
is located and in other common areas of the building.
Ownership over a condominium unit is acquired by the buyer
only after he had fully paid the purchase price (Condominium
Corporation vs. Campos, Jr.; 104 SCRA 295)
It is ownership of the unit that makes the buyer a shareholder in the
condominium.
Any transfer or conveyance of a unit or apartment, office,
store or other space therein, shall include the transfer or conveyance of
the undivided interest in the common areas, or in proper cases, the
membership or share-holdings in the condominium corporation.
Limitations on Transfer
Where the common areas in the condominium project are
held by the owners of separate units as co-owners thereof, the
Page 25 of 45

unit/interest therein may be transferred only to FILIPINO CITIZENS or

corporations AT LEAST 60% of the capital stock of which belongs to Filipino
citizens, except in cases of hereditary succession.
Where the common areas in a condominium project are held
by a corporation, no transfer or conveyance of a unit shall be valid if the
concomitant transfer of the appurtenant membership or stockholding in
the corporation will cause the alien interest in such corporation to exceed
the limits imposed by existing laws.
THE WATER CODE
(Presidential Decree No. 1067)
Coverage
Water under the ground, above the ground, in the atmosphere,
and of the sea within the territorial jurisdiction of the Philippines.
Appropriation the acquisition of rights over the use of waters or the
taking or diverting of waters from a natural source in the manner and for
any purpose allowed by law.
Water Right the privilege granted by the government to appropriate
and use water.
Underlying PRINCIPLES OF THE WATER CODE:
(1)
All waters belong to the State;
(2)
All waters that belong to the State cannot be the
subject
of
acquisitive prescription;
(3)
The State may allow the use or development of
waters
by
administration concession;
(4)
The utilization, exploitation, development , conservation
and
protection of water resources
shall be subject to control and regulation
of the government through the National Water Resources Board;
(5)
Preference in the use and development of waters shall
consider
current usages and responsive to the changing needs of the country.
The following belong to the State:
(a)
Rivers and their natural beds;
(b)
Continuous or intermittent waters of springs and brooks running
in their natural beds and the beds themselves;
(c)
Natural lakes and lagoons;
(d)
All other categories of surface waters such as water flowing
over lands, water from rainfall whether natural, or artificial,
and water from agriculture runoff, seepage and drainage;
(e)
Atmospheric water;

(f)
(g)

Subterranean or ground waters; and,

Seawater.

The following waters found on private lands belong to the State:

(a)
Continuous or intermittent waters rising on such lands;
(b)
Lakes and lagoons naturally occurring on such lands;
(c)
Rain water falling on such lands;
(d)
Subterranean or ground waters; and,
(e)
Water in swamps and marshes.
Any person may appropriate or use natural bodies of water
without securing a water permit for any of the following:
1. Appropriation of water by means of hand-carried receptacles;
2. Use for domestic purposes; and
3. Bathing or washing, watering or dipping of domestic or farm
animals, and navigation of watercrafts or transportation of
logs and other objects by flotation.
Limitation
ONLY FILIPINO CITIZENS, of legal age, as well as juridical persons,
who are duly qualified by law to exploit and develop water resources, may
apply for water permits.
Water may be appropriated for the following purposes:
(a) Domestic
(b) Municipal
(c) Irrigation
(d) Power generation
(e) Fisheries
(f) Livestock raising
(g) Industrial
(h) Recreational, and
(i) Other purposes
Utilization of Waters
Lower estates are obliged to receive the waters which naturally and
without the intervention of man flow from the higher estates, as well as
the stone or earth which carry with them.
The owner of the lower estate cannot construct works which will impede
this natural flow, unless he provides an alternative method of drainage;
neither can the owner of the higher estate make works which will increase
this natural flow.
All disputes relating to appropriation, utilization, exploitation,
development, control, conservation, and protection of waters within the
Page 26 of 45

meaning and context of the Water Code fall within the jurisdiction of the
National Water Resources Board (Amistoso vs. Ong, 130 SCRA 228).
However, authority for construction of dams, bridges and other structures
across of which may interfere with the flow of navigable or floatable
waterways shall first be secured from the DPWH (Article 38, Water Code).
PROBLEM
L owns an agricultural land planted mostly with fruit trees. H
owns an adjacent land devoted to his piggery business, which is 2 meters
higher in elevation. Although H has constructed a waste disposal lagoon
for his piggery, it is inadequate to contain the water containing pig
manure, and it often overflows and inundates Ls plantation, causing the
trees to wither and die. L sues for damages caused to his plantation. H
invokes his right to the benefit of natural easement in favor of his higher
estate, which imposes upon the lower estate of L the obligation to receive
the waters descending from the higher estate.
Is H correct?
No, H is not correct.
It is true that Ls land is burdened with the natural easement to
accept or receive the water which naturally and without interruption of
man descends from a higher estate to a lower estate. However, H has
constructed a waste disposal lagoon for his piggery and it is this waste
water that flows downward to Ls land. H has, thus, interrupted the flow of
water and has created and is maintaining a nuisance. Under Art. 697 of
the NCC, abatement of a nuisance does not preclude recovery of damages
of any person injured to recover damages for its past existence.
POSSESSION
Definition
The holding of a thing or the enjoyment of a right, whether by
material occupation or by the fact that the thing or right is subjected to
the action of our will.
Degrees of Possession
1. Grammatical degree mere holding or having, without any
right whatsoever;
2. Juridical degree possession with a juridical title, but not
that of an owner;
3. Real possessory right possession with a just title, but not
from the true owner;

4. Possession with a title of dominium possession with a

just title from the owner.
2. Right to possession (Jus Possidendi) this is a right or an
incident of ownership. It is merely an attribute of ownership over a
thing. Example, you own a parcel of land, you are entitled to
possess it.
3. Right of Possession (Jus possessionis) this is an independent
right of itself, that which is not a result of ownership. Example, I
rented a room from the boarding house of A, I have the right to
possess the said house as lessee thereof.
Requisites and/or Elements of Possession:
1. There must exist a thing or a right.
2. There must be a holding or control of a thing or a right, which
includes occupancy, taking or apprehension. May be actual or
constructive.
3. There must be a deliberate intention to possess.
4. The possession must be virtue of ones own right, as an owner or as
a holder.
Possession may be:
1. Direct or indirect In ones own name or in the name of another
(Art. 524). If indirect, may be voluntary, necessary or unauthorized.
2. In the concept of an owner, or a holder (Art. 525) If in the concept
of an owner, may be in good faith or in bad faith. In the concept of a
holder means there has to be an owner.
Ownership is different from possession. A person may be declared the
owner, but he may not be entitled to possession. The possession (in the
concept of holder ) may be in the hands of another, such as a lessee or a
tenant.
Possession in Good Faith or Bad Faith
1. The issue on Good and Bad Faith relative to possession will only
apply when there is a flaw in the title or mode of acquisition. If no
flaw, do not apply.
2. Good faith is when a possessor is not aware of the said flaw. Bad
faith is when the possessor is aware that there is a flaw.
3. It is a question of intention. It is a state of mind, not visible or
tangible. But it can be determined by the overt acts and conducts
of the possessor.
Page 27 of 45

While a possessor in good faith is one who BELIEVES he is

owner, the possessor in the concept of an owner is one who ACTS as if he
is the owner.
OBJECT OF POSSESSION:
Only things and rights susceptible of being appropriated may
be the object of possession.
ART. 527. Good Faith is always presumed, and upon him who
alleges bad faith on the part of a possessor rests the burden of proof.
The character of good faith remains until the possessor is
shown to have been aware that he possesses the thing improperly or
wrongfully (presumption of continuity). Possession in good faith ceases
from the moment defects in the possessors title are made known to him,
by extraneous evidence or when a complaint for recover is filed.
A possessor may start his possession in good faith but may
end up in bad faith.
Bad faith is personal.
Acquisition of Possession (Art. 531)
1. Material occupation of a thing(Detention);
2. Exercise of a right (Quasi-possession this includes
constitutom possessorium or traditio brevi manu);
3. Subjection to the action of our will (this includes traditio
longa manu by mere agreement; or by the delivery of keys
traditio simbolica);
4. By proper acts and legal formalities established for acquiring
such right. (Constructive possession such as succession,
donation, execution of public instruments.)
5.
Constitutom possessorium
- Exists when a person who possesses property as an owner, now
possesses it is some other capacity, as that of a lessee or depositary.
Traditio Brevi Manu
- This exist when a person who possessed property not as an owner (like a
lessee) now possesses it as an owner.
Traditio Longa Manu
- delivery by consent or mere pointing.
Wong vs. Carpio (G.R. No. 504264, October 21, 1991)

It should be stressed that "possession is acquired by the material

occupation of a thing or the exercise of a right, or by the fact that it is
subject to the action of our will, or by the proper acts and legal formalities
for acquiring such right." (Art. 531, Civil Code; Rizal Cement Co., Inc.
vs. Villareal, 135 SCRA 15 [1985]); and that the execution of a sale
thru a public instrument shall be equivalent to the delivery of the thing,
unless there is stipulation to the contrary . . . . If, however,
notwithstanding the execution of the instrument, the purchaser cannot
have the enjoyment and material tenancy of the thing and make use of it
herself, because such tenancy and enjoyment are opposed by another,
then delivery has not been effected. (Paras, Civil Code of the
Philippines, Vol. II, 1989 Ed., p. 400).
Possession as a fact cannot be recognized at the same time in two
different personalities except in the cases of co-possession. Should a
question arise regarding the fact of possession, the present possessor
shall be preferred; if there are two possessions, the one longer in
possession, if the dates of possession are the same, the one who presents
a title; and if these conditions are equal, the thing shall be placed in
judicial deposit pending determination of its possession or ownership
through proper proceedings (Art. 538, Civil Code).
Possession in good faith ceases from the moment defects in the title are
made known to the possessors, by extraneous evidence or by suit for
recovery of the property by the true owner. Whatever may be the cause or
the fact from which it can be deduced that the possessor has knowledge
of the defects of his title or mode of acquisition, it must be considered
sufficient to show bad faith. (Tolentino, Civil Code of the Philippines,
Vol. II, p. 226). Such interruption takes place upon service of summons
(Manotok Realty vs. Judge Tecson, 164 SCRA 587 [1988] citing
Mindanao Academy, Inc. v. Yap (13 SCRA 190 [1965]).
Essential Requirements For Possession:
(a)
the corpus (or the thing physically detained)
(b)
the animus or intent to possess (whether
evidenced
or impliedly)

expressly

Acquisition of Possession from the Viewpoint of Who Possesses:

(a)
personal;
Requisites:
1. intent to possess
2. capacity to possess
Page 28 of 45

3. object must be capable of being possessed

(b)
thru authorized person (agent or legal representative)
Requisites:
1. intent to possess for the principal (not for the agent)
2. authority or capacity to possess (for another)
3. principal has intent and capacity to possess
(c)
thru unauthorized person (but only subsequently ratified).
Requisites:
1. intent to possess for another (the principal)
2.
capacity of principal to possess
3. ratification by principal.
Art. 533. The possession of hereditary property is deemed transmitted to
the heir without interruption and from the moment of the death of the
decedent, in case the inheritance is accepted. One who validly renounces
an inheritance is deemed never to have possessed the same.

Rules on Tacking
The possession of hereditary property is deemed transmitted to the heir
without interruption and from the moment of the death of the decedent, in
case the inheritance is accepted.
One who validly renounces an inheritance is deemed never to have
possessed the same.
Art. 534, in possession thru succession
General Rule: One who succeeds by hereditary title shall not suffer the
consequences of the wrongful possession of the decedent. The reason is
that bad faith, which is a state of mind, is personal to the person who
acted so. It is intransmissible.
Exception: If it is shown that he was aware of the flaws or defects in the
possession of his predecessor in interest.
The effects of possession in good faith shall not benefit the
successor except from the date of death of the decedent.
1. If the father is in bad faith, it does not necessarily mean that the
son is also in bad faith. Since the father was however in bad faith,

the consequences of good faith of the son should be counted from

the death of the father.
2. If the father had been in good faith, the possession of the father will
be added to the possession of the son, and the possession in good
faith commences from the time the father possessed in good faith.
Possession of the Same Thing by Two Different Persons (Art. 538)
Possession as a fact CANNOT BE RECOGNIZED AT THE SAME
TIME in two different personalities except in case of
1. co-possession; and
2. possession in different degrees.
Rules on Possession as a Fact (Art. 538)
1.
Present possessor shall be preferred;
2.
Both are in possession one LONGER IN POSSESSION
shall be preferred;
3.
Both possessed at the same time one who has TITLE
shall be preferred;
4.
Both have title the COURT shall DETERMINE;
meanwhile, the thing shall be judicially deposited.
Doctrine of Constructive Possession
Possession in the eyes of the law does not mean that a man has to
have his feet on every square meter of ground before it can be said that
he is in possession. It is sufficient that the possessor was able to subject
the property to the action of his will.

Somodio vs. CA (G.R. No. 82680, August 15, 1994)

Petitioner took possession of the property sometime in 1974 when he
planted the property to coconut trees, ipil- ipil trees and fruit trees. In
1976, he started the construction of a building on the property. It is
immaterial that the building was unfinished and that he left for Kidapawan
for employment reasons and visited the property only intermittently.
Possession in the eyes of the law does not mean that a man has to have
his feet on every square meter of ground before it can be said that he is in
possession (Ramos v. Director of Lands, 39 Phil. 175 [1918]). It is
sufficient that petitioner was able to subject the property to the action of
his will.
Application of Article 1544, Civil Code
Movable = ownership goes to the FIRST POSSESSOR IN GOOD FAITH
(apply Article 538)
Page 29 of 45

Immovable = ownership goes to

The first to REGISTER the property IN GOOD FAITH in the Registry of
Property;
The first POSSESSOR IN GOOD FAITH, if there is no registration;
The first to present the OLDEST TITLE, if no one is in possession of the
property.
A squatter has no possessory rights of any kind against the owner of the
land into which he has intruded. His occupancy of the land is merely
tolerated by the owner. Thus, there is an implied promise on his part to
vacate upon demand. (Banez vs. CA, L-30351, Sept. 11, 1974)
Legal Means for Restoration to Possession:
Reasons:
1)
To prevent spoliation or a disregard of public order;
2)
To prevent deprivation of property without due process of law;
3)
To prevent a person from the law into his own hands.
Thus,
a)
The owner should go to court, and not eject the unlawful
possessor by force;
b)
A tenant illegally forced out by the owner-landlord may
institute
an action for forcible entry even if he had not been paying rent regularly;
c)
The proper action are forcible entry or unlawful detainer, accion
publiciana, accion reivindicatoria, replevin; and
injunction;
Only the possession acquired and enjoyed in the concept of owner can
serve as a title for acquiring dominion (Art. 540)
- Thus, a possessor merely in the concept of holder cannot acquire
property by acquisitive prescription.
Presumption That possessor has a just title:
(a)
One must be in possession (actual or constructive)
(b)
The possession must be in the concept of owner.
LEGAL
OWNER/
POSSESSOR

POSSESSOR
GOOD FAITH

INPOSSESSOR IN BAD
FAITH

FRUITS
RECEIVE
D
/
GATHER
ED

PENDIN
G
FRUITS

Entitled to the fruits1.

reimburse
fruits
received
whilereceived/ which legal
possession
is
inPossessors could have
good faith before itreceived
was
legally2. be reimbursed of the
interrupted.
expenses
in
their
production, gathering,
and preservation
A.1.be liable forA.1. Have a right toHas
no
right
expenses
ofa
part
of
thewhatsoever as to the
cultivation
inexpenses
ofpending fruits
proportion
tocultivation and to a
the time of theirpart of the net
possession
harvest
both
in
2.share in theproportion to the
net harvest intime
of
the
proportion
topossession
the time of their
possession
B 1.may allowB. 1. If possessor in
possessor
ingood faith refuses
good faith toto
accept
this
finish
theconcession,
he
cultivation andloses the right to be
gathering of theindemnified in any
growing fruits,other manner
as an indemnity
for his part of
the expense of
cultivation and
the
net
proceeds

CHARGE Share
in
S
proportion
to
the time of their
possession

Page 30 of 45

Expenses
Necessary (Gastos Necesarios)
Those without which the thing would physically deteriorate or be
lost., hence those made for the preservation of the thing.
POSSESSOR IN GOOD FAITH
Necessary expenses refunded

BAD FAITH

Right to retain the premises until paid.

No right to retain.

Useful (Gastos Utiles)

Those that add value to the property or increase the objects
productivity and usefulness for the satisfaction of religious/spiritual
yearnings or gives rise to all kinds of fruits.
POSSESSOR IN GOOD
CONCEPT OF AN OWNER)

FAITH(IN

THE

Refunded with the useful expenses (amount spent

or increase in value at the option of the owner).
Right to retain the premises until paid.
Right to remove improvements provided no
substantial damage is made to the premises
UNLESS the owner reimburses him

Not refunded.
No right to retain.
Owner gets the improvements

Pure Luxury or mere pleasure

Those that add value to the thing only for certain determinate
persons in view of their particular whims. They are neither essential for
preservation nor useful to everybody in general.
BAD FAITH

No right to refund/retention
May remove improvements, provided no SUBSTANTIAL INJURY is made

Owner has the option to

1. Compel the possessor to remove the
improvements; or 2. retain the improvements by
refunding the VALUE AT THE TIME THE
OWNER ENTERS INTO POSSESSION.

Right of possessor (in the concept of Owner) to Fruits

GOOD FAITH

Gathered/severed fruits are his own.

BAD FAITH

DAMAGE
Means substantial one that reduces the value of the property, thus a slight
injury curable by an ordinary repair does not defeat the right of removal,
but the repairs should be chargeable to the possessor, for it is he who
benefits by the removal and the object removed.
Rights of a possessor (in the concept of Owner) with respect to luxurious
or ornamental expenses.

GOOD FAITH

Owner has the option to

1.
compel the possessor to remove
the improvements; or
2.
retain the improvements by
refunding the AMOUNT SPENT.

PRO RATING of pending or ungathered fruits

pro-rated between possessor and owner of
expenses, net harvest, and charges.

BAD FAITH
Return value of gathered/severed fruits
already received as well as value which
owner/legal possessor could have received
with due care/diligence MINUS necessary
expenses for cultivation, gathering, and
harvesting.
NO RIGHT to pending or ungathered fruits.

Neither the possessor in good faith nor in bad faith is entitled to:
(a)
Improvements caused by nature (like alluvium)
(b)
Improvements caused by time (like improved flavor of wine)
Deterioration or Loss
POSSESSOR IN GOOD FAITH
Not liable before receipt of judicial summons.
After summons

Not liable for fortuitous events

Liable if he acted with negligence

or fraudulent intent

BAD FAITH

Liable whether before or

after receipt of judicial
summons or whether due
to fortuitous event or not.

Article 559
Possession of movable acquired in Bad Faith not equivalent to title
Possession of movable acquired in Good Faith:
Equivalent to title
Owner may recover:
if he lost the same or
he has been unlawfully deprived
Exception: Possessor acquired the movable in Good Faith at a public
sale, hence, owner must reimburse the price paid
Page 31 of 45

Summary
property)

of

Recovery

Owner may recover w/o

reimbursement
1. From possessor in bad faith;
2. From possessor in good faith
if the owner had lost the
property or been unlawfully
deprived of it.

or

Non-Recovery

Owner may recover but

should reimburse
1. If possessor acquired the
object in good faith at a
PUBLIC SALE or AUCTION.

Principle

(Movable

Owner CANNOT recover even

if he offers reimbursement
1. If possessor had acquired it in
good faith by purchase from a
merchants store, or in fairs, or
markets in accordance with the
Code of Commerce and special
laws;
2. If owner is by his conduct is in
estoppel;
3. If possessor had obtained the
goods because he was an
innocent purchaser for value and
holder of a negotiable document
of title of the goods.

Owner cannot recover even if he offers reimbursement if:

1. owner is precluded by his conduct, from denying the
sellers
authority to sell;
2. sale is sanctioned by statutory or judicial authority;
3. sale is made at a merchants store, fairs, or markets;
4. possessor had obtained the movable because he was
an innocent purchaser for value and holder of a
negotiable document of title;
5. recovery is no longer possible because of prescription.
Possession Cannot be acquired thru:
1. Force or Intimidation (Art. 536)
2. Acts of Tolerance (Art. 537), Roxas vs. CA (391 S 351)
3. Acts of Secrecy, Clandestine Possession (Art 537)
4. Force or Violence (Art. 537)
Loss of Possession
1. Abandonment of the thing;
2. Assignment (onerous or gratuitous);
3. Destruction or total loss of the thing or thing goes out of
commerce; or
4. Possession of another for more than one year.
5.
1. ABANDONMENT

- voluntary renunciation of the thing.

Requisites:
1.
The abandoner must have been a possessor in the concept of
an owner;
2.
The abandoner must have the capacity to renounce or to
alienate;
3.
There must be a physical relinquishment of the thing or
object;
4.
There must be no more expectation to recover (spes
recuperandi) and no more intent to return or get back (animus
revertendi).
2. ASSIGNMENT
- means complete (not merely limited) transmission of ownership rights to
another person, onerously (as when the thing is sold and delivered) or
gratuitously (as in the case of a donation).
Both possession de facto and de jure are lost and no action will allow
recovery
3. DESTRUCTION , TOTAL LOSS AND WITHDRAWAL
- a thing is lost when it perishes, or goes out of commerce, or disappears
in such a way that its existence is unknown, or it cannot be recovered.

USUFRUCT
The right to enjoy the property of another with the obligation of preserving
its form and substance, unless the title constituting it or the law otherwise
provides.
FULL OWNERSHIP = NAKED OWNERSHIP + USUFRUCT
It is a real right, of a temporary nature, which authorizes its holder to
enjoy all the benefits which result from the normal enjoyment (or
exploitation) of anothers property, with the obligation to return, at the
designated time, either the same thing or in special cases its equivalent.
Objects of Usufruct
1. Real property
2. Personal property
3. Flock or herd of animals
4. Transmissible rights which have capability of independent existence
5. Unproductive things
Page 32 of 45

Elements/Characteristics of Usufruct
1.
ESSENTIAL (those without which it cannot be considered as
usufruct)
a. It is a real right (whether registered in the Registry of Property or
not);
b. It is of a temporary nature or duration; (not perpetual)
c. Its purpose is to enjoy the benefits and derive all advantages from
the object as a consequence of normal use or exploitation.
2. NATURAL (that which ordinarily is present but contrary stipulation can
eliminate it because it is not essential)
a. Obligation to preserve or conserve the form and substance of the
thing.
3. ACCIDENTAL (those which may be present or absent depending upon
the stipulation of the parties
a. Period
b. Pure or conditional
c. Simple or multiple
Reasons for CONSERVING Form and Substance:
(a)
To prevent extraordinary exploitation;
(b)
To prevent abuse, which is frequent;
(c)
To prevent impairment

BASIS

USUFRUCT

1. As to EXTENT

1.
Covers all fruits and
uses as a rule;

2. As to NATURE of the
right;

2. Is always a real right;

3. As to the CREATOR of
the right

3. Can be created only by the

owner, or by a duly authorized
agent acting in behalf of the
owner;
4. May be created by law,
contract, last will, or prescription;

4. As to ORIGIN;

OWNERSHIP
Attributes:
1. The right to enjoy;
2. The right to dispose;
3. The right to vindicate or recover
property.

USUFRUCT
Attributes:
1. Limited merely to the enjoyment
of the property (jus utendi & jus
fruendi)

5. As to CAUSE;

USUFRUCT
The object may be personal or real
property;
2. What can be enjoyed are all uses
and fruits of the property; (jus
possidendi, utendi and fruendi)

EASEMENT
1. Involves real property only;

8. As to other things.

A usufruct cannot be constituted on

an easement; but it may be
constituted on the land burdened by
an easement;
4. Usually extinguished by death of
the usufructuary.

3. An easement may be constituted

in favor of, or burdening, a piece of
land held in usufruct;

2. Limited to a particular use. (like

the right of way);

4. Not extinguished by the death of

the owner of the dominant estate.

6. As to REPAIRS;
7. As to TAXES;

5. The owner is more passive

and he allows the usufructuary
to enjoy the thing given in
usufruct;
6. The usufructuary has the duty
to make ordinary repairs;
7. The usufructuary pay for the
annual charges and taxes on the
fruits;
8. A usufructuary may lease the
property itself to another.

LEASE
1. Generally covers only a
particular or specific use;
2. Is a real right only if, as in the
case of lease over real property,
the lease is registered, or is for
more
than
ONE
YEAR,
otherwise, it is only a personal
right;
3. The lessor may or may not be
the owner (as when there is a
sublease or when the lessor is
only
4. May be created as a rule only
by contract: and by way of
exception by law (as in the case
of implied new lease or when a
builder has built in good faith on
the land of another a building,
when the land is considerably
worth more in value than the
building;
5. The owner or lessor is more
or less active and he makes the
lessee enjoy;
6. The lessee generally has no
duty to pay for repairs;
7. The lessee generally pays no
taxes;
8. The lessee cannot constitute
a usufruct on the property
leased.

Rights of a Usufructuary
1. To personally enjoy the thing in usufruct;
1. The right to possess, right to the fruits, right to use
accessions, the right to lease; & right to introduce
useful improvements;
2. To retain the thing until he is reimbursed for advances for
extraordinary expenses and taxes on the capital;
3. To alienate his right of usufruct, even by a gratuitous title.
Page 33 of 45

Right to the Fruits

GENERAL RULE:
The usufructuary shall be entitled to all natural, industrial
and civil fruits of the property in usufruct. With respect to hidden treasure
which may be found on the property, he shall be considered a stranger.
Special Rules with respect to natural and industrial fruits:
(1)
Natural or industrial fruits growing at the time the usufruct begins,
belong to the usufructuary. The usufructuary has no obligation to refund
to the owner any expenses incurred, provided no third persons are
prejudiced;
(2)
Those growing at the time the usufruct terminates, belong to the
owner. In this case, such owner shall be obliged to reimburse at the
termination of the usufruct, from the proceeds of the growing fruits, the
ordinary expenses of cultivation, for seed, and other similar expenses
incurred by the usufructuary.
Special Rules with respect to CIVIL FRUITS:
(1)
If the usufructuary has leased the property, and the usufruct
should expire before the termination of the lease, he or his
heirs or successors shall receive only a proportionate share
of
the rent;
(2)
If the usufruct consists either in the right to receive (a) rents
or;
(b) periodical pensions; (c) the interests on bonds or
securities
payable to bearer or in the; (d) enjoyment of benefits accruing from a
participation in any industrial or
commercial enterprise, the date of
distribution of which is not
fixed , such rents or pensions, or
interests, or benefits, which
are all considered civil fruits belong to the
usufructuary to the
time the usufruct may last.
The USUFRUCTUARY has the right to the enjoyment (use and not
ownership);
(a)
Accessions (whether artificial or natural);
(b)
servitudes and easements;
(c)
all benefits inherent in the property (like the right to hunt and
fish therein)
The usufructuary may personally enjoy the thing in usufruct, lease it to
another, or alienate his right of usufruct, even by a gratuitous title; but all
the contracts he may enter into as such usufructuary shall terminate upon

the expiration of the usufruct, saving leases or rural lands, which shall be
considered as subsisting during the agricultural years. (Art. 572)
ABNORMAL USUFRUCT or IMPERFECT USUFRUCT
Are those where the usufructuary does not have the obligation of
preserving the form and substance of the property which is the object of
the usufruct.
Effect of Deterioration on the Usufructuarys Liability:
Due to NORMAL USE
Due to event or acts which
endangers their preservation
1. Usufructuary
is
NOT Usufructuary required to make the
responsible;
necessary or ordinary repairs.
2. Return the thing in the
condition at the time of the
termination;
3. No necessity for repairs;

4. Failure to return will result to

indemnification.
QUASI-USUFRUCT
Refers to a type of an abnormal usufruct which includes things which
cannot be used without being consumed, hence, its form and substance
are not really preserved.
RULES for QUASI-USUFRUCT:
(a)
The usufructuary can use them as if he is the owner, with complete
right of pledge or alienation;
(b)
BUT at the end of the usufruct he must;
1)
pay the appraised value (if appraised when first delivered);
2)
or, if there was no appraisal, return the same kind, quality,
and
quantity or pay the price current at the termination of the
usufruct (therefore not at the original price or value).
Rules on Useful and Luxurious Improvements:
The usufructuary has the RIGHT to make;
(a)
useful improvements;
(b)
luxurious improvements;
BUT
(a)
He must not alter the form or substance of the property in
usufruct;
Page 34 of 45

(b)

He is not entitled to a refund but he may;

b.1. either remove the improvements if no substantial damage to
the
property in usufruct is caused;
b.2. Or set-off the improvements against damages for which he
may be liable.

During the existence of the usufruct:

1. To take care of the things given in usufruct as a good father
of the family;
2. To make ordinary repairs on the property;
3. To notify the owner in case the need for extraordinary repairs
on the property is urgent;
4. To pay annual charges and taxes and those considered as a
lien on the fruits;
5. To notify the owner of any act of a third person that may be
prejudicial to the right of ownership;
6. To pay the expenses, costs and liabilities in suits with regard
to the usufruct;
7. To deliver the thing to the owner without prejudice to the
right of retention pertaining to him or his heirs for taxes and
extraordinary expenses which should be reimbursed;
8. If the usufruct be constituted on a flock or herd of livestock,
to replace with the young thereof the animals that die each
year from natural causes, or are lost due to the rapacity of
beasts of prey.
Requirements for the Making of the INVENTORY:
(a)
The owner or his legitimate representative must be previously
notified;
(b)
The condition of the immovables must be described;
(c)
The movables must be appraised;
(d)
As a rule, NO FORM is required except that when there are
real properties, Art. 1358 demands a public instrument to affect
third parties;
(e)
Expenses are to be borne by the usufructuary, since the duty
is
his;
(f)
Effect of not making an inventory same as when the security
is
not given;
(g)
When inventory is not required;
g.1.
When no one will be injured thereby provided naked owner
consents
g.2.
In case of waiver by the naked owner or the law or when
there is a stipulation in a will or contract.

The Usufructuary is excused from the obligation of giving a bond

or security:
(1)
When no one will be injured;
(2)
When there is a waiver by the naked owner;
(3)
When the donor has reserved the usufruct of the property donated;
(4)
In the case of parents who are usufructuaries of their
unemancipated childrens property, except when the parents
contract a second marriage;
(5)
In the case of usufructs subject of caucion juratoria.
Effects of Failure to Give Security
1.
On the rights of the naked owner
a.
He may deliver the property to the
usufructuary; OR
b.
The naked owner may choose retention of
the property as administrator; OR
c.
The
naked
owner
may
demand
receivership or administration of the real property, sale
of movable, conversion or deposit of credit instruments,
or investment of cash or profits.
Requisites Before the Caucion Juratoria is Allowed:
(a)
Proper court petition;
(b)
Necessity for delivery of furniture, implements or house included in
the usufruct;
(c)
Approval of the court;
(d)
Sworn promise.
Upon termination of the usufruct
To return the property to the naked owner, but he has the rights
1. to retain the property till he is reimbursed for taxes on
the capital and indispensable extraordinary repairs or
expenses; and
2. to remove removable improvements or set them off
against damages he has caused.
Rules on Repairs/Expenses
Ordinary repairs
Those required by wear and tear due to the natural use of the
thing and are indispensable for its preservation.
USUFRUCTUARY is obliged to make repairs
Page 35 of 45

Failure by usufructuary to make repairs OWNER may make at the

USUFRUCTUARYS
EXPENSE
Extraordinary repairs
Those caused by natural use but not needed for preservation NAKED
OWNER.

Granted for the time that may lapse before a third person attains a certain
age number of years specified, even if the third person should die before
the period expires, unless such usufruct has been granted only in
consideration of the existence of such person.
PARTIAL LOSS
If the property is partially lost, the usufruct continues on the remaining
part.

Those due to abnormal or exceptional circumstances and needed for

preservation NAKED OWNER.
Those due to abnormal or exceptional circumstances but not needed for
preservation NAKED OWNER.
If URGENT, USUFRUCTUARY may make the repairs at the OWNERS
EXPENSE but must first notify the latter.
Annual charges and taxes and those considered as a lien on the fruits
USUFRUCTUARY.
Taxes imposed directly on the capital OWNER.
If owner has paid them usufructuary must pay interest on the sums;
If the usufructuary advanced taxes at the beginning of the usufruct
recover at the end of the usufruct.
Extinguishment of Usufruct
1. Death of the usufructuary, unless a contrary 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 the same person;
4. Renunciation of the usufructuary;
5. Total loss of the thing in usufruct;
6. Termination of the right of the person constituting the
usufruct; and
7. Prescription.
Duration of Usufruct
Town, corporation, association not more than 50 years;

EASEMENTS OR SERVITUDES
Definition (Art. 613)
It is an encumbrance imposed upon an immovable for the
benefit of a community or one or more persons or for the benefit of
another immovable belonging to a different owner.
Characteristics of Easement:
(a)
A Real Right therefore an action in rem is possible against
the possessor of the servient estate (it must be registered in
order to affect third persons);
(b)
Imposable only on anothers property;
(c)
It is a jus in re aliena (a real right that may be alienated although
naked ownership is maintained);
(d)
It is a limitation or encumbrance on the servient estate for
anothers benefit; (it is an encumbrance on the servient estate
but confers benefit on the dominant estate.);
(e)
There is Inherence (or inseparability from the estate to which it
belongs);
(f)
It is Indivisible (Even if the tenement be divided)
(g)
It is Intransmissible;
(h)
It is perpetual (As long as the dominant and / or the servient
estate exists unless sooner extinguished by the causes
enumerated by law).
Classifications of EASEMENTS
1. According to party given benefit
a. Real for the benefit of another immovable belonging
to a different owner;
b. Personal for the benefit of one or more persons or of
a community.
2. According to manner of exercise
Page 36 of 45

3.

4.

5.

6.

a. Continuous their use is incessant, or may be

incessant, without the intervention of any act of man;
b. Discontinuous they are used at intervals and depend
upon the acts of man.
According to whether or not existence is indicated
a. Apparent those made known and continually kept in
view by external signs that reveal the use and
enjoyment of the same;
b. Non-apparent they show no external indication of
their existence.
According to purpose
a. Positive owner of the servient estate is obliged to
allow something to be done on his property (servitus
in patendo) or to do it himself (servitus in faciendo).
b. Negative owner of the servient estate is prohibited to
do something which he could lawfully do were it not for
the existence of the easement.
According to right given
a. Right to partially use the servient estate;
b. Right to get specific materials or objects from the
servient estate;
c. Right to participate in ownership;
d. Right to impede or prevent the neighboring estate
from performing a specific act of ownership.
According to source or origin
a. Voluntary constituted by will or agreement of the
parties or by a testator;
b. Mixed created partly by agreement and partly by
law;
c. Legal those constituted by law for public use or for
private interest.

Modes of Acquiring Easements

Continuous and Apparent (Art. 620)
(e.g., easement of aqueduct, easement of light and view)
By title
does not necessarily mean document but it means a judicial act or law
sufficient to create the encumbrance; ex: law, donation, will, contract
absence of document or proof showing origin of easement may be cured
by:
deed of recognition by owner of a servient estate

final judgment declaring the easement

By prescription of 10 years (whether good faith or bad faith) Art. 621
Positive computed from the day the owner of the dominant estate or
possessor who may have made use of the easement commenced to
exercise it upon the servient estate
Negative computed from the day notarial prohibition was made on the
servient estate by the dominant estate.
Requisites of Prescription:
Possession for purpose of prescription has to be in the concept of an
owner, public, peaceful and uninterrupted. It should also be remembered
that acts of possessory character executed by virtue of a license or by
mere tolerance of the owner shall not be available for purposes of
prescription.
MODES OF ACQUIRING EASEMENTS
EITHER BY TITLE OR BY PRESCRIPTION
Continuous and apparent
ONLY BY TITLE
Discontinuous and Apparent
Continuous and Non-apparent
Discontinuous and Non-apparent
Requisites To Affect or Prejudice Third Persons:
To prejudice third persons, voluntary easements must be
registered. Registration is not generally essential for legal easements
since this exists as a matter of law and necessity.
Rights of the DOMINANT ESTATE:
(a)
To exercise the easement and all necessary rights for its use
including accessory easement;
(b)
To make on the servient estate all works necessary for the use
and preservation of the servitude, BUT
1.
This must be at his own expense;
2.
He must notify the servient owner;
3.
Select convenient time and manner;
4.
He must not alter the easement nor render it more
burdensome.
(c)
To ask for a Mandatory Injunction to prevent impairment or
obstruction in the exercise of the easement as when the owner of
Page 37 of 45

the servient estate obstructs the right of way by building a

wall
or
fence;
(d)
To renounce totally the easement if he desires exemption from
contribution to expenses.
Obligations of the DOMINANT ESTATE:
(a)
He cannot alter the easement;
(b)
He cannot make it more burdensome;
(c)
If there are several dominant estates each must contribute to
necessary repairs and expenses in proportion to the benefits
received by each estate
Rights of the SERVIENT ESTATE;
(a)
To retain ownership and possession of the portion of his land
affected by the easement even if indemnity for the right is
given unless the contrary has been stipulated;
(b)
To make use of the easement, unless deprived by stipulation
provided that the exercise of the easement is not adversely
affected and provided further that he contributes to the
expenses
in proportion to benefits received, unless there is a contrary stipulation;
(c)
To change the location of a very inconvenient easement provided
that an equally convenient substitute is made,
without injury to the
dominant estate.
Obligations of the SERVIENT ESTATE;
(a)
He cannot impair the use of the easement;
(b)
He must contribute to the expenses in case he uses the
easement unless there is a contrary stipulation;
(c)
In case of impairment, to restore conditions to the status quo
at
his expense plus damages;
(d)
To pay for the expenses incurred for the change of location of
form of easement.
Legal Easements
They are easements imposed by law, and which have for their
object either:
(a)
public use;
(b)
or the interest of private persons.
Different Kinds of Legal Easements:
(a)
The easements relating to waters;
(b)
right of way;
(c)
party wall;

(d)
(e)
(f)
(g)
(h)

light and view;

drainage;
intermediate distances;
easement against nuisance;
lateral and subjacent support.

Aqueduct (Art 46 of the Water Code)

When artificial means are employed to drain water
from higher estate to lower land, the owner of the higher land shall select
the routes and methods of drainage that will cause the minimum damage
to the lower lands, subject to the requirements of just compensation.
Art. 47 of the Water Code
When the use, conveyance or storage of waters results in
damage to another, the person responsible for the damage shall pay
compensation.
Art. 49 of the Water Code
Any person having an easement for an aqueduct may enter
upon the servient land for the purpose of cleaning, repairing or replacing
the aqueduct or the removal of the obstructions therefrom.
Art. 50 of the Water Code
Lower estates are obliged to receive waters which naturally
and without the intervention of man flow from the higher estates, as well
as the stone or earth which they carry with them. The owner of the lower
estate can not construct works which will impede the natural flow, unless
he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural
flow.
Right of Way
The easement or privilege by which one person or a particular
class of persons is allowed to pass over anothers land, usually through
one particular path or line.
The owner, or any person who by virtue of a real right may
cultivate or use any immovable, which is surrounded by other immovables
pertaining to other persons and without adequate outlet to a public
highway, is entitled to demand a right of way through neighboring
estates, after payment of the proper indemnity.
Requisites:
Page 38 of 45

1.
2.
3.

The property is surrounded by estates of others;

There is no adequate outlet to a public highway;
There must be payment of the proper
indemnity;

4.

It must be established at the point least

prejudicial to the servient estate;
5.
The isolation must not be due to the proprietors
own acts; and
6.
Demandable only by the owner or one with a
real right like a usufructuary.
The easement of right of way shall be established at the point least
prejudicial to the servient estate, and insofar as consistent with this rule,
where the distance from the dominant estate to a public highway may be
the shortest. If both do not concur the former shall be preferred.
Rules if Grantors or Grantees Land is Enclosed: (Arts. 652 &
653);
(a)
If the enclosing estate is that of the grantor (seller, barterer or coowner but not the donor), the grantee does not pay
indemnity
for
the easement.
(b)
if the enclosed estate is that of the grantor (seller, barterer, or coowner but not the donor), the grantor must pay indemnity.
(c)
If the enclosing estate is that of the DONOR, the donee must
pay the indemnity.
(d)
If the enclosed estate is that of the DONOR, the DONOR shall
not pay.
PARTY WALL
This is a wall at the dividing line of estate. Co-ownership governs the wall,
hence the party wall is necessarily a common wall.
Party Wall
The presumption of being a party wall is rebutted by a title, exterior sign
or proof to the contrary:
a. In dividing walls of adjoining buildings up to the point of
common elevation;
b. In dividing walls of gardens or yards situated in cities, towns,
or in rural communities; and
c. In fences, walls and live hedges dividing rural lands.

a.

Whenever in the dividing wall of buildings there

is a window or opening;
b.
Whenever 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.
Whenever the entire wall is built within the
boundaries of one of the estates;
d.
Whenever the dividing wall bears the burden of
the binding beams, floors and roof frame of one of the
buildings, but not those of the others;
e.
Whenever 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.
Whenever 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; and
g.
Whenever lands enclosed by fences or live
hedges adjoin others that are not enclosed.
In case of conflict between a TITLE and an EXTERIOR SIGN, the
TITLE PREVAILS!!
The cost of repairs and construction of party walls and maintenance
of fences, live hedges, ditches, and drains owned in common, shall be
borne by all the owners of the lands or tenements having the party wall in
their favor, in proportion to the right of each.
Nevertheless, any owner may exempt himself from contributing to
this charge by renouncing his part-ownership, except when the party wall
supports a building belonging to him. (Art. 662)
Right to Increase the Height
A part owner has the right to increase the height of the wall at his own
expense and with the obligation to pay damages incurred by other part
owners.
EASEMENT OF LIGHT AND VIEW
(a)
the easement of LIGHT jus luminum (as in the case of small
windows, not more than 30 cm. square, at the height of the
ceiling joist, the purpose of which is to admit light, and a little
air
but VIEW.)

Exterior signs negativing the existence of a party wall

Page 39 of 45

(b)

the easement of VIEW servidumbre prospectus (as in the

case of full or regular windows overlooking the adjoining estate.
Incidentally, although the principal purpose here is VIEW, the easement
of light is necessarily included, as well as
the easement of altius non
tollendi (not to build higher for the
purpose of obstruction)

Light and View

Period of prescription
1.
If it is through a party wall from the time of
OPENING of the window;
2.
If it is through a wall on the dominant estate
from the time of the FORMAL PROHIBITION upon the proprietor
of the adjoining land or tenement.
Rules on restricted windows
1.
Maximum size not more than 30 cm. in length
or width;
2.
There must be an iron grating imbedded in the
wall;
3.
There must be a wire screen;
4.
The opening must be at the height of the ceiling
joists or immediately under the ceiling.
Rules on regular windows
Windows having direct views at least 2 meters distance between the
wall having the windows and the boundary line, measured from the outer
line of the wall when the openings do not project, from the outer line of
the latter when they do.
Windows having side or oblique views at least 60 cm. between the
boundary line and the nearest edge of the window, measured from the
dividing line between the two properties.
Balconies or belvederes overlooking an adjoining property at least three
meters at the points specified in Number 3 above.
Rules With respect to the Planting trees
1. Tall trees 2 m from boundary line to center of tree;
2. Small trees/shrubs 50 cm from boundary line to center of tree or
shrub.

Subjacent and lateral support

1. Subjacent supported land is above the supporting land;
2. Lateral both the land being supported and the supporting land
are on the same plane.
3. No proprietor shall make such excavations upon his land as to
deprive any adjacent land or building of sufficient lateral or
subjacent support.
What are the Limitations are for?
The limitations are for the opening or construction of windows, apertures,
balconies and the like. It is not a limit for the construction of a wall. The
owner can construct a wall in his land up to the boundary or dividing line
but he CANNOT OPEN a window.
Rules Regarding Intrusions or Extensions of Branches and Roots:
(a)
Branches adjacent owner has the right to demand that they be
cut off (insofar as they spread over his property).
(b)
Roots he may cut them off himself (because by accession
r
incorporation he has acquired ownership over them.)
Rules as to fruits:
(a)
if the fruits still hang on to the tree, they are still owned by the
tree owner;
(b)
It is only after they have naturally fallen (not taken down by
poles or shaken) that they belong to the owner of the invaded
land.
LATERAL AND SUBJACENT SUPPORT
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)
The support is lateral when both the land being supported and the
supporting land are on the same plane; when the supported land is above
the supporting land, the support is subjacent.
An owner of a subdivision can properly impose on its contracts selling the
lots to private owners that the buyers cannot build factories thereon. In a
sense this is an easement, and makes evident the intent to make the
subdivision a residential. This is a valid contractual provision which, while
it restricts the free use of the land by the owner is nonetheless not
contrary to public policy. (Trias vs. Araneta, L-20786, October 30,
1965)
Page 40 of 45

Extinguishment of Easements
1.
By merger in the same person of the ownership of the
dominant and servient estates;
2.
By non-user for ten years;
3.
When either or both of the estates fall into such condition
that the easement cannot be used;
4.
By the expiration of the term or the fulfillment of the
condition, if the easement is temporary or conditional;
5.
By the renunciation of the owner of the dominant estate; and
6.
By the redemption agreed upon between the owners of the
dominant and servient estates.
1. Merger
Must be absolute, complete and not temporary.
2. NON-USER for 10 YEARS
Non-user refers to an easement that has once been used because one
cannot discontinue using what one has never used.
From what TIME / PERIOD to compute:
1) If a discontinuous easement (like the right of way) from the time it
ceased to be used;
2) Is a continuous easement (like aqueduct) from the day on which an
act contrary to the same took place.
3. Bad Condition of the Tenement or Impossibility of Use
This merely suspends the easement since possibility of use revives the
easement.
4. Expiration of the term or Fulfillment of the Condition
Easements ceases after the end of the term agreed upon or after the
fulfillment of the condition.
5. Renunciation by the Owner of the Dominant Estate
Renunciation must be express, clear and specific. This is particularly true
for discontinuous easements.
6. Redemption agreed upon;
This is voluntary redemption, existing because of an express stipulation.
The stipulation may provide conditions under which the easement would
be extinguished.

NUISANCE
Definition
property, or
1.
2.
3.
4.
5.

Any act, omission, establishment, business, condition of

anything else which:
Injures or endangers the health or safety of others; or
Annoys or offends the senses; or
Shocks, defies or disregards decency or morality; or
Obstructs or interferes with the free passage of any public
highway or street, or any body of water; or
Hinders or impairs the use of property.

(1) Injures or endangers the health or safety of others

Ex.
Houses and similar constructions without building permits
and without
provisions for the disposal of waste matter, particularly
if constructed near the
main water pipelines.
(2) Annoys or offends the senses
Ex.
Too much horn blowing; a leather factory; garbage cans;
(3) Shocks, defies or disregards decency or morality
Ex.
A house of prostitution, public exhibition of a naked woman;
(4) Obstructs or interferes with the free passage of any public
highway or street or any body of water
Ex.
House constructed on public streets; market stalls and
residences constructed on a public plaza.
(5) Hinders or impairs the use of property.
Ex.
Illegal constructions on anothers land.
Classifications
Old Classification
1. Nuisance per se always a nuisance;
2. Nuisance per accidens a nuisance only because of
the location or other circumstances.
According to Relief
1. Actionable
2. Non-actionable
According to Manner of Relief
1. Those abatable
2. Those abatable
3. Those abatable
4. Those abatable

by criminal and civil actions;

only by civil actions;
judicially;
extrajudicially.
Page 41 of 45

Perez vs. Madrona (668 SCRA 696) (2012)

Unless a thing is a nuisance per se, it may not be abated summarily
without judicial intervention.
By its nature, a fence is not injurious to the health or comfort of the
community: Not being a nuisance per se, but at most nuisance per
accidens, its summary abatement without judicial intervention is
unwarranted.
According to the Civil Code
Public affects a community or neighborhood or any considerable
number of persons, although the extent of the annoyance, danger or
damage upon individuals may be unequal;
Remedies
1. A prosecution under the Penal Code or any local
ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings.
Private that which is not public.
Remedies
1. A civil action; or
2. Abatement, without judicial proceedings.
Attractive Nuisance Doctrine
One who maintains on his estate or premises an attractive
nuisance without exercising due care to prevent children from playing
therewith or resorting thereto, is liable to a child of tender years who is
injured thereby, even if the child is technically a trespasser in the
premises.
This doctrine does not apply to bodies of water, artificial or
natural, in the absence of some unusual condition or artificial feature
other than the mere water in its location.
Effect of Lapse of time
The action to abate a public or private nuisance is not extinguished by
prescription.
The district health officer shall take care that one or all of the remedies
against a public nuisance are availed of. (Art. 700)

If a civil action is brought by reason of the maintenance of a public

nuisance, such action shall be commenced by the city or municipal mayor.
(Art. 701)
When a Private Person may sue on Account of a Public Nuisance?
ANSWER: If the public nuisance is specially injurious to himself.
What is the nature of action?
The action may be for injunction, abatement or for damages.
Requisites for Extrajudicial Abatement of a Public Nuisance:
(1)
Demand must be first made upon the owner or possessor of
the property to abate the nuisance;
(2)
Demand has been rejected;
(3)
The abatement be approved by the district health officer and
executed with the assistance of the local police; and
(4)
The value of the destruction does not exceed three thousand
pesos.
PRIVATE NUISANCE
Any person injured by a private nuisance may abate it by
removing, or if necessary by destroying the thing which constitutes the
nuisance, without committing a breach of the peace or doing unnecessary
injury. However, it is indispensable that the procedure for extrajudicial
abatement of a public nuisance by a private person be followed.
Land Registration
Abad vs. Guimba (July 29, 2005)
The main purpose of land registration covered by PD 1529, is
to facilitate transactions relative to real estate by giving the public the
right to rely upon the face of the Torrens Certificate of Title. Therefore, as
a rule, the purchaser is not required to explore further than what the
certificate indicates on its face. This, rule, however, applies only to
innocent purchasers for value and in good faith; it excludes a purchaser
who has knowledge of a defect in the title of the vendor, or of facts
sufficient to induce a reasonably prudent man to inquire into the status of
the property. Under Section 32 of PD 1529, an innocent purchaser for
value is deemed to include an innocent mortgagee for value.
The law requires a higher degree of prudence from one who
buys from a person who is not the registered owner, although the land
object of the transaction is registered. A person who deals with registered
land through someone who is not the registered owner is expected to look
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behind the certificate of title and examine all the factual circumstances, in
order to determine if the mortgagor or vendor has the capacity to transfer
any interest in the land. Although the instant case does not involve a sale
but only a mortgage, the same rule applies in as much as the law itself
includes a mortgagee in the term purchaser.
DIFFERENT MODES OF ACQUIRING OWNERSHIP:
(a)
Original Modes (independent of any pre-existing or preceding
or right of another):
a.1. Occupation;
a.2. Creation of work.
(b)
Derivative Modes (somebody else was the owner
before)
b.1. Succession;
b.2. Donation;
b.3. Prescription;
b.4. Law.

title

OCCUPATION
It is a mode of through acquiring ownership seizure of appropriable
corporeal personal property without an owner.
The personal property that may be seized includes res nullus such as
animals that are the object of fishing and hunting, hidden treasure and
abandoned movables. Real property CANNOT be acquired through
occupation.
Requisites of OCCUPATION:
1.
The thing must be seized;
2.
The thing seized must be appropriable corporeal personal property;
3.
The thing must be without an owner either res nullus or
abandoned;
4.
There must be animus intent to appropriate; and
5.
Compliance with legal requirements for the specific property seize
must be complied with.
TRADITION OR DELIVERY
Ownership is acquired if the object is placed in the control and possession
of the transferee by virtue of a contract. The delivery may be actual of
constructive.

DONATION
Definition
An act of liberality whereby a person disposes gratuitously of a
thing or right in favor of another, who accepts it. It also includes:
1. giving to another a thing or right on account of the latters
merits or of the services rendered by him to the donor,
provided they do not constitute a demandable debt
2. giving to another a thing or right and imposes upon the
donee a burden which is less than the value of the thing
given.
Requisites
1. Donor must have the capacity to make the donation;
2. He must have donative intent (animus donandi);
3. There must be delivery; and
4. Donee must accept or consent to the donation (must be
made during the lifetime of the donor and the donee).
Perfection takes place not from the time of acceptance by the donee but
from the time acceptance is made known actually or constructively, to the
donor.
DONATION
INTER VIVOS

DONATION MORTIS CAUSA

takes effect independently takes effect upon the death of the

of the donors death
donor
title conveyed to the donee title conveyed upon donors death
before the donors death
valid if
donee

donor

survives void if donor survives donee

generally
irrevocable always revocable
during donors lifetime
must comply with the must comply with the formalities
formalities
required
by required by law for the execution of
Articles 748 and 749 of the wills
CC

Page 43 of 45

Void Donations
1. Those made between persons who are guilty of adultery or
concubinage at the time of the donation;
2. Those made between persons found guilty of the same
criminal offense, in consideration thereof; and
3. Those made to a public officer or his wife, descendants and
ascendants, by reason of his office.
4. Those between spouses during their marriage, or that made
to the person of whom the other spouse is a presumptive
heir, except moderate gifts (Art. 87 of FC).
Forms of Donations
A. Donations of Movable Property

Acts of Ingratitude
1. Commission by the donee of some offense against the
person, honor or property of the donor, or of his wife or
children under his parental authority;
2. Imputation by the donee to the donor any criminal offense, or
any act involving moral turpitude, even though he should
prove it, unless the crime or act has been committed against
the donee himself, his wife or children under his authority.
3. Refusal to support the donor.
Revocation of Donation

1.

With simultaneous delivery of property donated

Value is P5,000 or less oral or written;
Value exceeds P5,000 written in public
or private document.
2.
Without simultaneous delivery the donation and acceptance
must be written in a public or private instrument, regardless of value.
3.

B. Donations of Immovable Property

1.
Must be in a public instrument specifying the property
donated and the burdens assumed by the donee, regardless
of value;
2.
Acceptance must be either:
a.
in the same instrument; or
b.
in another public instrument, notified to the
donor in authentic form, and noted in both deeds.
Effects of Donations
1. Donee may demand the delivery of the thing donated;
2. Donee is subrogated to the rights of the donor in the
property;
3. In donations propter nuptias, the donor must release the
property from encumbrances, except servitudes;
4. Donors warranty exists if:
a. expressed;
b. donation is propter nuptias;
c. donation is onerous;
d. donor is in bad faith.
5. When the donation is made to several donees jointly, they
are entitled to equal portions, without accretion, unless the
contrary is stipulated.

Page 44 of 45

GROUND PRESCRIPTION TRANSMISSI- EFFECT

OFRIGHTS
S
OF ACTION
BILITY
OFREDUCTION FRUITS
ACTION
Failure of Anytime duringNot
the donor the
donorstransmissible
to reserve lifetime
sufficient
means for
support
Inofficious Within
ness
from
death

Donee entitled to
tothe fruits
to

5 yearsTransmissible Donation
Donee appropriates
donorsto
donorseffective
fruits
heirs
during
the
donors
lifetime
subject
to
reduction only
upon
death
with regard to
the excess

Birth,
Anytime duringNot
appearan the lifetime oftransmissible
ce
or the donor
adoption
of a child

Fraud
against
creditors

Donation
reduced
extent
necessary
provide
support

TO

Donation
Donee appropriates
reduced
tofruits not affected
extent
by reduction; with
necessary forregard
to
the
support
excess, liable for
fruits accruing from
the filing of the
complaint

Within 4 yearsTransmissible Property

Fruits
shall
be
from perfectionto
creditors,returned
forreturned; if unable
of donation orheirs
orthe benefit ofto do so, shall
from knowledge successors-in- creditors
indemnify
the
interest
subject to thedonors
creditors
right
offor damages
innocent
3rd
persons

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