Property Memory Aid 2007
Art. 415. The following are immovable property:
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, fish
ponds 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, and
forming a permanent part of it; the animals in
these 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;
10. Contracts for public works, and servitudes
and other real rights over immovable
property.
Classes of immovable or real property
1. by nature
2. by incorporation
3. by destination
4. by analogy
Art. 416. The following things are deemed to be
personal property:
1. Those movables susceptible of appropriation
which are not included in the preceding
article;
2. Real property which by any special provision
of law is considered as personalty;
3. Forces of nature which are brought under
control by science; and
4. In general, all things which can be
transported from place to place without
impairment of the real property to which they
are fixed.
Art. 417. The following are also considered as
personal property:
1. Obligations and actions which have for their
object movables or demandable sums;
2. Shares of stock of agricultural, commercial
and industrial entities, although they may
have real estate.
Property classified according to ownership
1. Public dominion
2. Private ownership
Property of public dominion
1. Property intended for public use
2. Property intended for some specific public
service
3. Property intended for the development of
national wealth
Doctrine of self-help
Art. 429. The owner or lawful possessor of a thing
has a right to exclude any person from the enjoyment
and disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to repel
or prevent an actual or threatened unlawful physical
invasion or usurpation of his property.
7 Modes of acquiring ownership (OLD-TIPS)
Original modes
1. Occupation
2. Intellectual Creation
Derivative modes
3. Law
4. Donation
5. Tradition or Delivery
6. Prescription (acquisitive)
7. Succession
7 Rights of ownership
1. Jus possidendi or the right to possess
2. Jus utendi or the right to use and enjoy
3. Jus fruendi or the right to the fruits
4. Jus accessionis or the right to accessories
5. Jus abutendi or the right to consume the
thing by its use
6. Jus disponendi or the right to dispose or
alienate
7. Jus vindicandi or the right to vindicate or
recover
7 Actions to recover property
1. writ of replevin
2. accion interdictal
a. forcible entry
b. unlawful detainer
3. accion publiciana
4. accion reivindicatoria
5. writ of injunction
6. writ of possession
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7. writ of demolition
Requisites of eminent domain
1. The taking must be done by competent
authority
2. It must be for public use
3. The owner must be paid just compensation
4. The requirement of due process of law must
be observed

Art. 438. Hidden treasure belongs to the owner of

the land, building, or other property on which it is
found.

Nevertheless, when the discovery is made on the

property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof shall be
allowed to the finder. If the finder is a trespasser, he
shall not be entitled to any share of the treasure.

If the things found be of interest to science, or the

arts, the State may acquire them at their just price,
which shall be divided in conformity with the rule
stated.

Art. 439. By treasure is understood, for legal

purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the lawful
ownership of which does not appear.

Kinds of accession
1. Accession discreta – extension of the right of
ownership of a person to the products of a
thing which belong to such person. It takes
place with respect to:
a. natural fruits
b. industrial fruits
c. civil fruits

2. Accession continua – extension of the right of

ownership of a person to that which is
incorporated or attached to a thing which
belongs to such person.
a. with respect to real property
i. accession industrial
1. building
2. planting
3. sowing
ii. accession natural (accretion)
1. alluvion
2. avulsion
3. change of river course
4. formation of islands

b. with respect to personal property

i. conjunction or adjunction
1. inclusion or
engraftment
2. soldadura or
attachment
3. tejido or weaving
4. pintura or painting
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5. escritura or writing and (c) on navigable or floatable rivers, the

ii. mixture
1. commixtion – mixture
of solides
2. confusion - mixture
of solids
iii. specification
Accretion
Accretion is the process whereby the soil is deposited.
The soil is alluvium.
Requisites of alluvium
1. The deposit or accumulation of soil or
sediment must be gradual and imperceptible;
2. The accretion results from the effects or
action of the current of the waters of the
river;
3. The land where accretion takes place must be
adjacent to the bank of a river;
Requisites of avulsion
1. The segregation and
transfer must be
caused by the current
of a river, creek, or
torrent.
2. The segregation and
transfer must be
sudden and abrupt.
3. The portion of land
transported must be
known or identifiable.
island belongs to the State;
2. If formed in non-navigable and non-floatable
rivers:
a. It belongs to the nearest riparian
owner;
b. The island is divided longitudinally in
halves, if it is in the middle of the
river.
Characteristics of adjunction
1. There are two movables belonging to
different owners;
2. They are united in such a way that they form
a single object; and
3. They are so inseparable that their separation
would impair their nature or result in
substantial injury to either component.
Tests to determine principal in adjunction
1. Intent of the respective owners of principal
and accessory;
2. Of greater value, if they are of unequal value;
3. Of greater volume, if they are of equal
values.
Art. 484. There is co-ownership whenever the
ownership of an undivided thing or right belongs to
different persons.
In default of contracts, or special provisions, co-
ownership shall be governed by the provisions of this
Title.

Alluvium v. Avulsion Termination of co-ownership

Alluvium Avulsion
Gradual Sudden or abrupt
Soil cannot be identified Identifiable
Belongs to owner of Belongs to owner from
property to which it is whose property it was
attached attached
Art. 461. River beds which are abandoned through
the natural change in the course of the waters ipso
facto belong to the owners whose lands are occupied
by the new course in proportion to the area lost.
However, the owners of the land adjoining the old
bed shall have the right to acquire the same by
paying the value thereof, which value shall not
exceed the value occupied by the new bed.
Requisites for the above-mentioned rule
1. There must be a natural change in the course
of the waters of the river.
2. The change must be abrupt or sudden.
Requisites for ownership of islands formed
through alluvion
1. If formed: (a) on the seas within the
jurisdiction of the Philippines, (b) on lakes,
1. By the consolidation or merger in only one of
the co-owners of all the interests of the
others;
2. By the destruction or loss of the property co-
owned;
3. By acquisitive prescription in favor of a third
person or a co-owner who repudiates the co-
ownership;
4. By the partition, judicial or extrajudicial, of
the respective undivided shares of the co-
owners;
5. By the termination of the period agreed upon
or imposed by the donor or testator, or of the
period allowed by law; and
6. By the sale by the co-owners of the thing to a
third person and the distribution of the
proceeds among them.
When co-owner may claim title by prescription
founded on adverse possession
1. He had performed unequivocal acts of
repudiation of the co-ownership amounting
to an ouster of the cestui que trust ot the
other co-owners;
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2. Such positive acts of repudiation have been
made known to the cestui que trust or the
other co-owners;
3. The evidence thereon is clear, complete and
conclusive in order to establish prescription
without any shadow of doubt; and
4. His possession is adverse, open, continuous,
exclusive, and notorious, in the concept of an
owner, and must satisfy the required period
for prescription.
2. tradicion constitutum possessorium – owner
to holder
3. tradicion longa manu – by mere consent or
agreement of the parties
4. tradicion simbolica – delivery of the thing
which symbolizes the property delivered

Alteration
1. It is a change
2. which is more or less permanent
3. changes the use of the thing
4. and prejudices the condition of the thing or
its enjoyment by others.

Art. 523. Possession is the holding of a thing or the

enjoyment of a right.

Elements of possession
1. There must be holding or control of a thing or
right.
2. The holding or control must be with the
intention to possess (animus possidendi).
3. It must be in one’s own right.

Forms or degrees of possession

1. Possession without any title whatsoever –
mere holding or possession without any right
or title at all, such as that of a thief or
squatter;
2. Possession with a juridical title – predicated
on a juridical relation existing between the
possessor and the owner (or one acting in his
behalf) of the thing but not in the concept of
owner such as that of a lessee, usufructuary,
depositary, agent, pledge, and trustee;
3. Possession with a just title – adverse claimant
whose title is sufficient to transfer ownership
but is defective such as when the seller is not
the true owner or could not transmit his
rights thereto to the possessor who acted in
good faith; [requisite for acquisitive
prescription]
4. Possession with a title in fee simple – derived
from the right of dominion or possession of
an owner.

Rights of possession
1. Jus possidendi – right to possession which is
incidental to and included in the right of
ownership
2. Jus possessionis – the right of possession
independent of and apart from the right of
ownership

Types of constructive delivery

1. tradicion brevi manu – holder to owner

Preference for right of possession (Art. 538)
1. The present or actual possessor shall be
preferred;
2. If there are two possessors, the longer in
possession;
3. If the dates of possession are the same, the
possessor with a title;
4. If all the above are equal the fact of
possession judicially determined, and in the
meantime, the thing shall be placed in judicial
deposit.
Modes of losing possession
1. by abandonment
2. by assignment
3. by the destruction, total loss, or withdrawal
from commerce
4. by possession of another for more than one
year
Art. 526. He is deemed a possessor in good faith
who is not aware that there exists in his title or mode
of acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith who possesses
in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of law
may be the basis of good faith.
Art. 559. The possession of movable property
acquired in good faith is equivalent to title.
Nevertheless, one who has lost any movable or has
been unlawfully deprived thereof, may recover it from
the person in possession of the same.
If the possessor of a movable lost or of which the
owner has been unlawfully deprived, has acquired it
in good faith at a public sale, the owner cannot obtain
its return without reimbursing the price paid therefor.
When possessor cannot acquire title despite
purchase of movable at a public sale
1. Where the owner of the movable is, by his
conduct, precluded from denying the seller’s
authority to sell;
2. Where the law enables the apparent owner to
dispose of the movable as if he were the true
owner thereof;
3. Where the sale is sanctioned by statutory or
judicial authority;
4. Where the sale is made at merchant’s stores,
fairs or markets;
5. Where the seller has a voidable title which
has not been avoided at the time of the sale
to the buyer in good faith for value and
without notice of the seller’s defect of title;
6. Where recovery is no longer possible because
of prescription;
7. Where the possessor becomes the owner of
the thing in accordance with the principle of
finder’s keeper.
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Art. 562. Usufruct gives a right to enjoy the property
of another with the obligation of preserving its form
and substance, unless the title constituting it or the
law otherwise provides.
Characteristics of usufruct
1. Real right
2. Temporary duration
3. Transmissible
4. May be constituted on real or personal
property, consumable or non-consumable,
tangible or intangible, the ownership of which
is vested on another
Art. 603. Usufruct is extinguished:
1. By the death of the usufructuary, unless a
contrary intention clearly appears;
2. By the expiration of the period for which it
was constituted, or by the fulfilment of any
resolutory condition provided in the title
creating the usufruct;
3. By merger of the usufruct and ownership in
the same person;
4. By renunciation of the usufructuary;
5. By the total loss of the thing in usufruct;
6. By the termination of the right of the person
constituting the usufruct;
7. By prescription.
Art. 613. An easement or servitude is an
encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different
owner.
The immovable in favour of which the easement is
established is called the dominant estate; that which
is subject thereto, the servient estate.
Modes of acquiring easements
1. By title. – All easements:
a. continuous and apparent easements
b. continuous and non-apparent
easements
c. discontinuous easements, ehether
apparent or non-apparent
2. By prescription of ten years – continuous and
apparent easements
3. By deed of recognition
4. By final judgment
5. By apparent sign established by the owner of
two adjoining estates
Modes of extinguishment of easements
1. By merger
2. By non-user for ten years
3. Impossibility of use
4. By expiration of term or fulfilment of
resolutory conditions
5. By renunciation
6. By redemption

Doctrine of apparent sign
Art. 624. The existence of an apparent sign of
easement between two estates, established or
maintained by the owner or both, shall be considered,
should either of them be alienated, as a title in order
that the easement may continue actively and
passively, unless, at the time the ownership of the
two estates is divided, the contrary should be
provided in the title of conveyance of either of them,
or the sign aforesaid should be removed before the
execution of the deed. This provision shall also apply
in case of the division of the thing owned in common
by two or more persons.
8 Kinds of legal easements
1. waters
2. right of way
3. party wall
4. light and view
5. drainage of buildings
6. intermediate distances
7. against nuisance
8. lateral and subjacent support
Requisites of easement of right of way
1. That an immovable is surrounded by other
immovables, and without an adequate outlet
to a public highway
2. The isolation must not be due to the
proprietor’s own acts
3. There must be payment of proper indemnity
4. The easement must be established at the
point lest prejudicial to the servient estate,
and in so far as consistent with this rule,
where the distance from the dominant estate
to the public highway is the shortest.
Nuisance
Anything which is injurious to public health or safety,
is offensive to the senses, is indecent or immoral,
obstructs the free use of any public street or body of
water, impairs the use of property, or, in any way,
interferes with the comfortable enjoyment of life or
property is a nuisance.
Nature of nuisance
1. Nuisance per se – nuisance at all times and
under any circumstance
2. Nuisance per accidens – not a nuisance per
se, but which may become a nuisance by
reason of circumstances, location, or
surroundings.
Doctrine of attractive nuisance
One who maintains on his premises dangerous
instrumentalities or appliances of a character likely to
attract children in play, and who fails to exercise
ordinary 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. The
6
principal reason for the doctrine is that the condition
or appliance in question although its danger is
apparent to those of age, is so enticing or alluring to
children of tender years as to induce them to
approach, get on or use it, and this attractiveness is
an implied invitation to such children.
The attractive nuisance doctrine generally is not
applicable to bodies of water, artificial as well as
natural in the absence of some unusual condition or
artificial feature other than the mere water and its
location. Thus, a swimming pool or pond or reservoir
of water is not considered an attractive nuisance.
Remedies against a nuisance
1. Criminal prosecution – only applicable to
public nuisance
2. Civil action
3. Abatement, without judicial proceedings
Requisites of occupation
1. There must be seizure of a thing;
2. The thing seized must be corporeal personal
property;
3. The thing must be susceptible of
appropriation by nature;
4. The thing must be without an owner;
5. There must be an intention to appropriate;
and
6. The requisites or conditions laid down by law
must be complied with.
Infringement v. Unfair Competition
Infringement Unfair Competition
Unauthorized use of a Passing off of one’s goods
trademark as those of another
Fraudulent intent is Fraudulent intent is
unnecessary essential
Prior registration of the Registration is not
trademark is a necessary
prerequisite to the action
Art. 725. Donation is an act of liberality whereby a
person disposes gratuitously of a thing or right in
favor of another, who accepts it.
• Donation is a contract
Requisites of donation
1. The donor must have capacity to make the
donation of a thing or right;
2. He must have the donative intent (animus
donandi);
3. There must be delivery, whether actual or
constructive, of the thing or right donated;
and
4. The done must accept or consent to the
donation.
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Donations inter vivos v. Donations mortis causa

inter vivos mortis causa Art. 749. In order that the donation of an immovable
1 Takes effect during the Takes effect upon the may be valid, it must be made in a public document,
lifetime of the donor death of the donor specifying therein the property donated and the value
testator of the charges which the done must satisfy.
2 Made out of the donor’s Made in contemplation
pure generosity of donor’s death The acceptance may be made in the same deed or
3 Valid even if the donor Void should the donor donation or in a separate public document, but it
should survive the survive the done shall not take effect unless it is done during the
donee lifetime of the donor.
4 Must follow the Must follow the
formalities of donations formalities for the If the acceptance is made in a separate instrument,
validity of a will the donor shall be notified thereof in an authentic
5 Must be accepted by Can only be accepted form, and this step shall be noted in both
the done during his during the donor’s instruments.
lifetime death
6 Cannot be revoked Always revocable at any Grounds for revocation of donation
except on grounds time and for any reason 1. Birth, adoption, or reappearance of a child
provided for by law before the donor’s 2. Inofficiousness
death 3. Ingratitude
7 Right to dispose of the Right to disposed is 4. Non-fulfillment of a resolutory condition
property is completely retained by the by the
conveyed to the donee donor while he is still Grounds for reduction of donation
alive 1. Birth, adoption, or reappearance of a child
8 Subject to donor’s tax Subject to estate tax 2. Inofficiousness
1. Failure of the donor to reserve sufficient
Art. 739. The following donations shall be void: means for support for himself or dependent
1. Those made between persons who were relatives.
guilty of adultery or concubinage at the time
Art. 1027. The following are incapable of becoming donees:
of the donation; 1. The priest who heard the confession of the donor
2. Those made between persons found guilty of during his last illness, or the minister of the gospel
the same criminal offense, in consideration who extended spiritual aid to him during the same
thereof; period;
3. Those made to a public officer or his wife, 2. The relatives of such priest or minister of the
descendants and ascendants, by reason of his gospel within the fourth degree, the church, order,
office. chapter, community, organization, or institution to
which such priest or minister may belong;
3. A guardian with respect to donations given by a
In the case referred to in No. 1, the action for ward in his favour before the final accounts of the
declaration of nullity may be brought by the spouse guardianship have been approved, even if the
of the donor or donee; and the guilt of the donor and donor should die after the approval thereof;
done may be proved by preponderance of evidence in nevertheless, any provision made by the ward in
the same action. favour of the guardian when the latter is his
ascendant, descendant, brother, sister, or spouse,
shall be valid;
Art. 748. The donation of a movable may be made 4. XXX
orally or in writing. 5. Any physician, surgeon, nurse, health officer or
druggist who took care of the donor during his last
An oral donation requires the simultaneous delivery illness;
of the thing or of the document representing the right 6. Individuals, associations and corporations not
donated. permitted by law to inherit.

Art. 1032. The following are incapable of succeeding by

If the value of the personal property donated exceeds
reason of unworthiness:
Five thousand pesos, the donation and the
acceptance shall be made in writing. Otherwise, the
donation shall be void.
1. Parents who have abandoned their children or
induced their daughters to lead a corrupt of
immoral life, or attempted against their virtue;
2. Any person who has been convicted of an attempt
against the life of the testator, his or her spouse,
descendants, or ascendants;
3. Any person who has accused the testator of a crime
for which the law prescribes imprisonment for six
years or more, if the accusation has been found
groundless;
4. Any heir of full age who, having knowledge of the
violent death of the testator, should fail to report it
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to an officer of the law within a month, unless the

authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to the law, there is no obligation to make
an accusation;
5. Any person convicted of adultery or concubinage
with the spouse of the testator;
6. Any person who by fraud, violence, intimidation, or
undue influence should cause the testator to make
a will or change one already made;
7. Any person who by the same means prevents
another from making a will, or from revoking one
already made, or who supplants, conceals, or alters
the latter’s will;
8. Any person who falsifies or forges a supposed will
of the decedent.

Art. 1033. The causes of unworthiness shall be without

effect if the testator had knowledge thereof at the time he
made the will, or if, having known of them subsequently, he
should condone them in writing.