Art.

466 +damages in either case

Adjunction When both are in BF, treat both in GF. BF is when either one of the owners made the union
with the knowledge and without the objection of the other.
The union of two movable things belonging to different owners in such a way that they form
a single object, but each of the component things preserves its value. Art. 471
Rights owner of materials as to Form of indemnity
Characteristics: 1. Demand the delivery of a thing equal in kind and value, all other respects
1. two movables belonging to different owners 2. Price according to expert appraisal
2. united to form a single object
3. their separation would impair their nature or result in substantial injury to either Arts. 472-473 Comixtures
component.
!Mixtures: process or act which takes place when tow or more things belonging to different
Kinds: owners are mixed or combined with the respective identities of the component parts
1. inclusion or engraftment – diamond on a gold ring destroyed or lost.
2. soldadura or soldering – lead is united or fused As distinguished from adjunction, there is greater degree of inter-penetration and in certain
ferruminacion: principal and accessory are same metal areas, even decomposition of the things mixed
plambatura: different metals
3. escritura: person writes on paper belonging to another 2 Kinds of Mixtures
4. pintura or painting 1. commixtion: solid things
5. tejido or weaving 2. confusion: liquid
they may be voluntary or by chance.
Ownership: the owner of the principal acquires the accessory, with the obligation to
indemnify the former owner of the accessory Rules
If bad faith is present, art. 470 applies. 1. Mixture by the will of the owners: their rights shal be first governed by their stipulations
*this article applies to all forms of accession. in absence; proportional co-ownership

Art. 467-468
Tests to determine principal in adjunction
1. General
1. Rule of importance and purpose: That to which the other accessory
has been united as an ornament or for its use or perfection
2. Of greater value
3. Of greater volume if they are of equal values
4. Greater merits art. 475.
2. special – parchment shall be considered as the accessory thing, based on the consideration
that what is painted is of greater value or importance
Three or more things: 466 applied in an equitable manner
2. Mixture by owner in gf by chance: proportional co-ownership, the rule is different in
accession (a follows the p) here, there is no principal nor accessory
 Exact same kind and quality: no conflict of rights, only need to divide
the mixture equally or proportionately
o Divide the mixture proportionately between the owners
 Co-ownership arises when the things mixed are of different kinds or
quality. If separable, their respective owners can demand separation.
Expenses of which is to be divided between them in proportion to their
interests.
3. Mixtures in BF: BFO forfeits the thing belonging to him but also becomes liable to pay
indemnity for the damages caused to the other owner.

Art. 469. When ever separation can be done without injury then separate. If the accessory is 4. Mixtures made with the knowledge and without the objection of the other owner. As
more precious than the principal, its owner may demand separation even with damage to the though both acted in gf.
principal object. Said owner bears the expenses for separation.
Art. 474 Accession by specification
Art. 470. Adjunction in bad faith Takes place whenever the work of a person is done on the material of another, such material,
Owner of accessory BF Owner of the principal BF in consequence of the work itself, undergoing transformation.
1. lose the thing separated Option to the owner of the accessory It is the imparting of new form to the material belonging to another.
2. damages 1. to compel PO to buy the accessory, in case of paintings,
only this option is available 1. person made use of the material in GF: the worker becomes the owner of the thing but
2. have it separated even if it would destroy the principal must indemnify the owner of the materials (OM)
 exception: if the material is more precious or of more value, the OM may chooseL otherwise defective and hence, the plaintiff and those claiming under him may forever be
1. appropriate the thing to himself free of any hostile claim.
2. demand indemnity for the material.
2. person made use of the material of another in bad faith. 2. sole issue: whether there is a cloud on a title to real property because of any instrument
The OM has the option to either 1. appropriate the work to himself without paying the maker that has prima facie appearance of validity. The purpose of the action is to remove the cloud
2. Demand the material plus damages on plaintiff’s title.

Exception: the first option is not available in case the value of the work, for artistic or
scientific reasons, is considerably more than that of the material. Here the labor or work is
considered the principal. This would result to unjust enrichment.
3. person made use of the material of another with consent and without objection of the
latter.art. 470 par. 3
3. Requisites:
1. p has legal or at least equitable title or interest in the real property subject of the
action, (vendee in an oral sale who has paid part of the price may bring an action)
2. defendant claims interest adverse to the p arising from an instrument
3. the instrument must be shown to be invalid or inoperative despite appearance of
validity or legal efficacy

Adjunction Mixture Specification Action to remove a cloud on title Action to quiet title
At least two things There is only one thing The removal of possible foundation for Purpose is to put an end to troublesome
whose form is changed future hostile claim litigation in respect to the property involved
Retain or preserve their The things may or may not Retain or preserve their Present adverse claim Preventive action to prevent a cloud in title.
value retain their respective value Imprescriptible to an owner in possession
original nature
A follows P Co-ownership A follows P Other notes:
QT> FE
Suit quasi in rem: conclusive only against the parties to the suit. But jurisdiction over the
*Sentimental value shall be appreciated. defendant is not necessary.
Eg. In the payment of damages. Grounded on equity: he who has the right would see every cloud of doubt over the property
dissipated, and he could afterwards without fear introduce the improvements he may desire
Quieting of Title: to use, and even to abuse the property as he seems best.
Special civil actions
Action for reconveyance: seeks to transfer property, wrongfully registered in the name of
Removing a Cloud on title another, to its rightful and legal owner
1. Meaning: semblance of title, either legal or equitable which is in fact, invalid or
unfounded.. Statutes to quiet title are remedial and highly beneficial. They should be liberally and
2. Requisites: reasonably construed and applied.
1. Instrument, record, claim, encumbrance or proceeding (not physical intrusion) is 1. Affords prompt and adequate method to remove cloud on title
apparently valid or effective 2. Promotes improvement of property
2. in truth and in fact, such are invalid, voidable or unenforceable.
3. such instrument is prejudicial to the said title. Property to which action is applicable
3. Cloud based on defect in instrument: under art. 476, claimant must show that there is an 1. Real property or any interest therein: usufruct, servitude, lease record and real mortgage
instrument which constitutes or casts doubt, question or shadow upon the owner’s title to or 2. Certain types of personal property: vessels, motor vehicles
interest in real property
Not actions for Q of Title: Prescriptive period:
1. physical intrusion: Forcible entry 1. In possession: imprescriptible, he may wait until his possession is disturbed or his title
2. title was procured with fraud: annulment of title attacked before taking steps to vindicate his rights
2. Not in possession: 10 years: ord prescription, 30 years: extraord prescription
4. Defect in instrument not apparent: Q assumes that the defect is not apparent on its face
and therefore has to be proved by extrinsic evidence. Art. 477. P must have legal or equitable title to real property which is the subject matter of
the action. He need not be in possession of said property.
Action to quiet title
1. Meaning: remedy or proceeding which has for its purpose an adjudication that a claim of *in ejectment cases, the only issue is material possession over the property involved any one
title to realty or an interest thereon, adverse to the plaintiff is invalid or inoperative or who can prove prior possession de facto may recover such possession eve from the owner
himself. It has been held that the institution of a separate action for quieting title is not a
valid reason for defeating the execution of the summary remedy of ejectment.
Art. 478. Action to quiet title may be maintained:
1. when the contract, inst., obl,(CIO) has been extinguished or terminated as where the right
of the defendant to the property has been extinguished by the happening of a condition
subsequent.
2. when the CIO has been barred by extinctive prescription, as where the plaintiff has
possessed in BF the property publicly, adversely and uninterruptedly for 30 years.
Art. 479. Obligation of plaintiff to return or reimburse.
Purpose of QT is solely to remove the cloud o the p’s title or to prevent a cloud from being
cast upon his title and not to obtain any other benefit.
 Return all the benefits received from the latter or reimburse him for the expenses
incurred on the property which has redounded to the p’s benefit less any damage,
if any, suffered by the p by reason of the contract.
Art. 480. Principles of general law applicable.
Ruinous Buildings and Trees in Danger of Falling
*nuisance per se
Building, wall, column or any other construction is in danger of falling
Owner shall be obliged to demolish or Otherwise, admin authorities may order its
execute necessary work in order to demolition at the expense of the owner or
prevent it from falling take other measures to insure public safety
(in exercise of police power)
Large tree threatens to fall that may cause damage to the land or tenement,
travelers or road
Owner shall be obliged to remove it Otherwise admin authorities (municipality)
shall do so at the expense of the owner.
Sic utere tou ut alienum non laedas
state of mind on the part of the possessor whereby he intends to exercise and he does
exercise such right whether legal or not.
 Thus, persons who have no legal will like insane or demented persons cannot
acquire possession as they are incapable of understanding and knowing the import
of their actions and therefore, animus possidendi cannot be present.
3. in one’s own right. Possession may held by a person in his own name or another’s (agent)
 The agent has no possession in law because it is not by virtue of his own right.
Relations created by possession
1. possessor + property: some degree of control over prop
2. possessor + mundo: ability to exclude others from possession
Degrees of possession:
1. P without any title whatsoever: no right at all, thief or squatter
2. P with a juridical title: relation of owner and possessor but not in the concept of an owner
(eg. Usufruct, lessee, agent, pledgee, trustee)
3. P with a just title: adverse claimant but whose title is sufficient to transfer ownership but
defective
4. P with a title in fee simple: derived from the right of dominion or possession of an owner.
Highest degree of possession.
Doctrine of constructive possession: a man does not have to be in actual possession of every
square meter of ground for him to be considered in possession. The GR is that possession
and cultivation of a portion of a tract of land under the claim of ownership of all is
constructive possession of all.
Concept of possession and occupation in registration cases
Before one can register his title over a parcel of land of the public domain, the applicant
must show that:
1. he, by himself or through his predecessors in interest, has been open, continuous,
exclusive and notorious possession and occupation of the subject land under a bona fide
claim of ownership since June 12, 1945.
2. That the subject land is alienable and disposable. Actual possession is required.

Possession Art. 524

Possession Ownership Possession

Holding of the thing and
enjoyment of a right
2 ways:
1. concept of an owner
2. concept of a holder.
Three elements:
1. holding or control of a thing or right. There must be possession in fact.
2. must be with the intention to possess
A thing pertaining to one person is completely subjected to
1. In one’s own name: fact of possession and the right to such possession are found in the
his will in a manner not prohibited by law and consistent with
same person. Actual person in possession of an owner.
the rights of others.
2. In the name of another: the person in actual possession is an instrument of another in the
It confers certain rights to the owner, among which are the
exercise of the latter’s possession, such as the possession of an agent, servant or guard.
right to enjoy the thing owned and the right to exclude other
1. voluntary: by virtue of an agreement
persons from possession.
2. necessary or legal: by virtue of law. an unauthorized voluntary possession by a
third person in the name of another shall become effective only after it is ratified
by the latter.
It may also be:
1. physical or material: possessor is a mere customer or keeper of the property or
funds received and has no independent right or title to retain or possess the same as against
the owner
 2. Juridical: possession gives the transferee a right over the thing which the 2. there is a flaw or defect in said title or mode
transferee may set up against the owner eg. An agent can assert against his principal an 3. the possessor is unaware or aware of the flaw or defect or believes that the thing belongs
independent right to retain money or goods received in consequence of the agency when the or does not belong to him.
P fails to reimburse him for advances he made and indemnify him for damages suffered
without his fault. A possessor in gf becomes in bf from the moment he becomes aware that what he believes to
be true is not so.
Art. 525 concepts of Possession
Concept of good faith
Concept: does not mean the opinion, attitude or belief of the possessor but of others, It is a question of intention ascertained by outward acts.
generally formed in view of the circumstances which precede and accompany the Honesty of intention, which constitutes good faith, implies a freedom from
possession. knowledge and circumstances, which ought to put a person on inquiry.
Essence: lies in the honest belief in the validity of one’s right, ignorance of a superior claim.
Concept of owner Concept of holder It must rest on a colorable right beyond a mere stubborn belief in one’s title.
Possession, by his actions, is considered or Possessor merely holds it to keep or enjoy,
is believed by other people as the owner, ownership pertaining to another person. Concept of bad faith
regardless of the good or bad faith of the Does not simply connote bad judgment or negligence; it imputes a dishonest purpose to do
possessor. Not under a claim of ownership, the wrong or cause damage. A state of mind affirmatively operating with a furtive design or
possessor acknowledging in another a some motive or self-interest or ill-will for ulterior purposes.
It one under a claim of ownership or title (en superior right which he believes to be
concepto de dueno) by one who is the owner ownership, whether true or not.
himself or one who is not the owner but
claims to be and acts as the owner. Eg. Usufruct, lessee, pledgee

It is possible that a person may exercise possession both in the concept of owner and in the
concept of holder or in neither.

A distinction must be borne in mind between possession of the thing itself and possession of
the right to keep or enjoy the thing.

Art. 526.

Possession in good faith (Buena fe)
One who is not aware that there exists in his
title or mode of acquisition any flaw, which
invalidates it.
Possession in bad faith (mala fe)
One who possesses in any case contrary to
the foregoing, he is aware that there exists in
his title or mode of acquisition a flaw, which
invalidates it.

*If there is no flaw, there can be no issue regarding good or bad faith.
Important in connection with the receipt of fruits and the payment of expenses and
improvements, and ownership for purposes of prescription accdg to art. 1127.

It is immaterial in the exercise of the right to recover under art. 539 which speaks of every
possessor.

The good or bad faith is necessarily personal to the possessor but in the case of a principal
and any person represented by another, the good or bad faith if the agent or legal
representative will benefit or prejudice him.

Requisites for possession in good faith or bad faith

1. possessor has title or mode of acquisition