TITLE I: OCCUPATION 713.

Things appropriate by nature which are without an owner, such as animals that are the object of hunting and fishing, hidden treasure and abandoned movables, are acquired by occupation. Occupationappropriation of things appropriable by nature which are without an owner o A mode of acquiring dominion by the seizure of things corporeal which have no owner, with the intention of acquiring them, and according to the rules laid down by law o The seizure of things corporeal which have no owner with the intention of acquiring the ownership thereof Requisites of occupation: a. There must be seizure of a thing b. Thing seized must be corporeal personal property c. Thing must be susceptible of appropriation by nature d. Thing must be without an owner e. There must be an intention to appropriate f. Requisites or conditions laid down by law must be complied with To constitute seizure, sufficient that there is an act of taking possession as the possessor considers the thing as subjected to his control or disposition Res nulliuswithout an owner or abandoned by the owner Res communesthings that are owned in common such as the sun, moon, etc. and public property are not appropriable by nature Ways by which occupation may be effected: a. By hunting and fishing b. By finding of movables which never had any owner c. By finding of movables which have been abandoned by the owner d. By finding of hidden treasure Thing is considered abandoned when the spes recuperandi (expectation to recover) is gone and the animo revertendi (intention to have it returned) is finally given up by the owner o A thing that has been lost or taken by force is not ipso jure converted into a res nullius

Occupation Mode of acquiring ownership

Possession Merely raises the presumption of ownership when it is exercised in the concept of an owner Refers only to corporeal personal May be exercised over any kind of property property Object be without an owner Property owned by somebody There be an intent to acquire May be had in the concept of mere ownership holder May not take place without some May exist without occupation form of possession Short duration Generally longer duration Cannot lead to another mode of May lead to another mode which is acquisition prescription 714. The ownership of a piece of land cannot be acquired by occupation. When land is without an owner, it pertains to the State An abandoned private land cannot be acquired by occupation by private persons under this article but it may be acquired by prescription 715. The right to hunt and to fish is regulated by special laws. No one has a right to hunt or fish o The privilege to hunt or fish, however, may be granted and regulated by law o It may be regulated by a municipal corporation or local government unit under a provision of law or authority granted by Congress Act No. 2590special law regulating hunting to protect animal life Fisheries Decree of 1975special law governing fishing 716. The owner of a swarm of bees shall have a right to pursue them to anothers land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. This period having expired, they shall pertain to him who has caught and kept them.

Roan Salanga 2A

Property

Page 1

Period of 2 days and 20 days are not periods of limitation, but conditions precedent to recovery Beesnaturally wild o A swarm which has flown from your hive is considered to be yours so long as it is in your sight and its pursuit is not difficult Owner of a domesticated animalclaim the same within 20 days from the actual occupant who has caught and kept it, otherwise, it shall pertain to him by occupation Owner of a domestic animalclaim them even beyond 20 days from their occupation unless there is abandonment on his part Domesticated animal which has not strayed or been abandoned cannot be acquired by occupation by a person to whose custody it was entrusted 717. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some artifice or fraud. This article does not refer to wild pigeons and fish in a state of liberty or that live naturally independent of man but pigeons and fish considered as domesticated animals subject to the control of man in private breeding places

Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. Art. 720. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found. Duty imposed is based on the fact that one who lost his property does not necessarily abandon it Theftcommitted by any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner o Knowledge on the part of the finder of the owner of the lost property is not an essential element of the crime Thing cannot be acquired by prescription, even if extraordinary Abandonment to be effective must be voluntary and intentional Expenses, including transportation, storage, and publication must be reimbursed by the finder, or by the owner in case the latter claims the movable TITLE II INTELLECTUAL CREATION

718. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code.

719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication.
Roan Salanga 2A Property

721. By intellectual creation, the following persons acquire ownership: (1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. Intellectual creationoriginal mode of acquiring ownership whereby the creations or products of ones mind or intellect such as writings, musical compositions, artistic creations, discoveries, and inventions, become his exclusive property, giving him the right to authorize or refuse the publication or production of such creations or products Intellectual propertytotality of all the rights which the law recognizes in favor of the author, composer, painter, artist, scientist, or any other
Page 2

person with respect to the creations or products of his intellect and consists of principally, in his right to authorize or refuse the publication or production of such creations or products 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. The scientist or technologist has the ownership of his discovery or invention even before it is patented. No one can publish an authors or composers work without his consent o This right may be enforced by an action for damages 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires. Contents of letter v. Letter itself Contents of the letter Letter itself ideas, opinions, etc. Owned by the writer or his heirs Belongs to the recipient or address Cannot be published or disseminated Recipient may keep or destroy it or by the recipient unless the author dispose of it in any other way other consents or the court gives its than by publication of its contents authorization when required by the public good or the interest of justice Art. 724. Special laws govern copyright and patent. Right to a patent: o Belongs to the inventor, his heirs, or assigns o When 2 or more persons have jointly made an inventionright to a patent shall belong to them jointly
Roan Salanga 2A Property

o If 2 or more persons have made the invention separately and independently of each otherright belongs to the person who filed an application for such invention Where 2 or more applications are filed for the same inventionto the applicant who has the earliest filing date or earliest priority date o Person who commissions the work shall own the paten, UNLESS otherwise provided in the contract o In case an employee made the invention in the course of his employment contract, the patent shall belong to: Employeeif the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer Employerif the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary

Page 3