Documente Academic
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WIDTH OF PATH
The width may be modified from time to time
depending on the reasonable needs of the
dominant estate.
COMPENSATION OF OWNER
PERPETUALLY/INDEFINITELY DEPRIVED OF
PROPERTY DUE TO EASEMENT
The owner should be compensated for
the monetary equivalent of the land if the
easement is intended to perpetually or
indefinitely deprive the owner of his proprietary
rights through the imposition of conditions that
affect the ordinary use, free enjoyment and
disposal of the property or through restrictions
and limitations that are inconsistent with the
exercise of the attributes of ownership, or when
the introduction of structures or objects which,
by their nature, create or increase the
probability of injury, death upon or destruction
of life and property found on the land is
necessary. [Cabahug vs. NPC, 689 SCRA 666, 30
January 2013]
NUISANCE
Nuisance is any act, omission,
establishment, condition, property or
anything else which [Article 694; Aquino vs.
Mun. of Malay, Aklan, 737 SCRA 145, 29
September 2014]:
1) Injures or endangers the health or
safety of others; or
2) Annoys or offends the senses; or
3) Shocks, defies or disregards decency or
morality; or
4) Obstructs or interferes with the free
passage of any public highway or street,
or any body of water; or
5) Hinders or impairs the use of property.
ACCEPTANCE OR CONSENT
Acceptance or consent is necessary in all
kinds of donation [Article 725]
ACCEPTANCE OF DONATION
The purpose of the formal requirement
for acceptance of a donation is to ensure that
such acceptance is duly communicated to the
donor. Since the donation is considered
perfected only upon the moment the donor is
apprised of uch acceptance, it has been ruled
that lack of such acceptance, as expressly
provided under the law, renders the donation
null and void [Homeowners Association of
Talayan Village, Inc. vs. JM Tuason & Co., 774
SCRA 315, 10 November 2015].
KINDS OF DONATION
Donations, according to its purpose or cause,
may be categorized as:
1) pure or simple: A pure or simple donation
is one where the underlying cause is plain
gratuity. This is donation in its truest form.
2) remuneratory or compensatory: one made
for the purpose of rewarding the donee for
past services, which services do not
amount to a demandable debt.
3) conditional or modal: one where the
donation is made in consideration of
future services or where the donor
imposes certain conditions, limitations or
charges upon the donee, the value of
which is inferior than that of the donation
given
4) onerous: that which imposes upon the
donee a reciprocal obligation or, to be
more precise, this is the kind of donation
made for a valuable consideration, the cost
of which is equal to or more than the thing
donated [Republic vs. Silim, 356 SCRA 1,
2001; Calanasan vs. Dolorito, 710 SCRA
505, 25 November 2013]
PERFECCTION OF DONATION
From the moment the donor knows of the
acceptance by the donee [Article 734]
DONOR
All persons who may contract and dispose
of their property may make a donation.
[Article 735]
The donor must have both the capacity to
contract and the capacity to dispose of his
property. This must be determined at the time
of making of the donation [Article 737] which
means at the time of perfection of the donation.
DONEE
All those who are not specially disqualified
by law to accept donations [Article 738] and
those who are not incapacitated [Article
743]
FORMS OF DONATION
MOVABLES [Article IMMOVABLE [Article
748] 749]
If P5, 000 or less: Regardless of the
orally or in value, it must be in
writing. Oral a public instrument
donation requires specifying the
simultaneous property donated
delivery of the and the value of
thing. the charges which
If it exceeds P5, the done must
000: donation and satisfy.
acceptance need Acceptance must
to be in writing. be made in the
deed or in a
separate public
document.
If acceptance is in
a separate public
document, donor
shall be notified in
an authentic form
and shall be noted
in both public
instruments.
A donation of a real
property in a private
instrument is void and
inexistent from the
beginning. The implied
admission is of no
moment and no effect.
[ Heirs of Doronio vs.
Heirs
VOID DONATIONS
1) those made between persons who were
guilty of adultery or concubinage at the
time of the donation [Article 739 par. 1]
conviction is not necessary
the donation shall not be void if the
done did not know of the donor’s
existing marriage
2) those made between persons found
guilty of the same criminal offense, in
consideration thereof [Article 739 par. 2]
aggravating circumstance of price,
promise or reward
3) those made to public officer or his wife,
descendants and ascendants, by reason
of his office [Article 739 par. 3]
4) donations made by guardians and
trustees of property entrusted to
A. INTELLECTUAL CREATION
Intellectual creation is now governed by
the Intellectual Property Code and the
TRIPS Agreement
B. OCCUPATION
For occupation to occur, the object must be
appropriable by nature. [Article 713]
Occupation regarding animals happens by
hunting or fishing. The acquisition of
animals can be regulated by law (i.e.
dynamite fishing).
The ownership of a piece of land cannot be
acquired by occupation [Article 714]. This is
based on the Regalian Doctrine. Under the
Regalian Doctrine, one cannot acquire lad
unless it was granted by the State or by its
prior owner.
Under the Regalian Doctrine, there is no
such thing as land which is res nullius.
Under Article 716, the periods of 2 (for bees)
and 20 days (for domesticated animals) are
not periods of prescription. Rather, these
days are conditions for acquisition by
occupation.
There is a difference between domesticated
animals and domestic animals.
Domesticated animals are by nature wild
animals but have been tamed – possess the
habit of returning to the premises of the
possessor [Article 560]. On the other hand,
a domestic animal is treated like any other
personal property. It cannot be acquired by
the occupation since it is owned unless the
owner abandons the animal.
Domestic animals are governed by Article
559.
Article 719 provides the procedure when
one finds a lost movable which is not a
treasure.
C. LAW
Proximately, law is 1 of the 7 modes of
acquiring ownership.
Ultimately, law is the only source of
ownership.
The provisions regarding law as mode of
acquiring ownership is scattered
throughout the Civil Code (i.e. Articles 681,
1434, 1456)
KINDS OF TRADITION
1. Real or material – physical delivery
[Article 1497]
2. Fingida – constrictive
3. Quasi- tradition (cuasi tradicion)
Quasi- tradition refers to the
delivery of incorporeal property
For example, share of stock cannot
be physically transferred. What is
delivered are the stock certificates.
The endorsement of the stock
certificate is delivery by quasi-
tradicion.
4. By operation of law (por ministerio de
la ley)
a. SIMBOLICA
Requisites:
i. transferor must have control over
the thing
the transferor must have actual
possession
ii. transferee must be put in control
iii. there must be intent to transfer
Traditio clarium is part of tradicion
simbolica. Traditio clarium is applicable
only to personal property (i.e. keys). In
Banco Filipino vs. Peterson, the goods in
the warehouse were delivered when
the keys to the warehouse were given.