Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Labitag
Page 1 of 48
TABLE OF CONTENTS
I. DEFINITION OF PROPERTY ........................................................................................................................................ 3
A.
Classification under the Civil Code ..................................................................................................................................................... 3
B.
By Ownership ..................................................................................................................................................................................... 5
C.
Other Classifications ........................................................................................................................................................................... 6
II. OWNERSHIP ............................................................................................................................................................ 8
A.
Definition............................................................................................................................................................................................ 8
B.
Bundle of Rights included in Ownership ............................................................................................................................................ 8
C.
Other Specific Rights found in the Civil Code ..................................................................................................................................... 8
D.
Limitations of Real Right of Ownership .............................................................................................................................................. 9
III. RIGHTS OF ACCESSION ......................................................................................................................................... 11
A.
Concept ............................................................................................................................................................................................ 11
B.
General Principles of Accession........................................................................................................................................................ 11
rd
C.
Obligations of Receiver of Fruits to Pay Expenses by 3 person in producti on, gathering and preservation ................................. 11
D.
Kinds of Accession ............................................................................................................................................................................ 12
1.
Accession Discreta ....................................................................................................................................................................... 12
2.
Accession Continua ..................................................................................................................................................................... 12
Over Immovables ............................................................................................................................................................................. 12
Over Movables ................................................................................................................................................................................. 14
IV. QUIETING OF TITLE .............................................................................................................................................. 15
A.
Differences between Action to Quiet Title and Action: ................................................................................................................... 15
B.
Prescription of Action to Quiet Title ................................................................................................................................................. 15
C.
Who are Entitled to Bring Action? .................................................................................................................................................... 15
D.
Notes ................................................................................................................................................................................................ 15
V. CO-OWNERSHIP .................................................................................................................................................... 16
A.
Definition.......................................................................................................................................................................................... 16
B.
Characteristics of co-ownership ....................................................................................................................................................... 16
C.
Differences between Co-ownership and Joint Tenancy ................................................................................................................... 16
D.
Differences between Co-ownership and Partnership ...................................................................................................................... 16
E.
Source of Co-ownership ................................................................................................................................................................... 16
F.
Rights of each co-owner as to the thing owned in common ............................................................................................................ 17
G.
Implications of co-owners right over his ideal share ........................................................................................................................ 18
H.
Rules on co-ownership not applicable to conjugal partnership of gains or absolute community of property ................................ 19
I.
Special rules on co-ownership from provisions of Condominium Law (Act No. 4726)..................................................................... 19
J.
Extinguishment of co-ownership...................................................................................................................................................... 19
VI. POSSESSION ......................................................................................................................................................... 21
A.
Definition and Concept .................................................................................................................................................................... 21
B.
Essential Requisites of Possession .................................................................................................................................................... 21
C.
Degrees of Holding of Possession .................................................................................................................................................... 21
D.
Cases of Possession .......................................................................................................................................................................... 21
E.
What things or rights may be possessed .......................................................................................................................................... 22
F.
What may not be possessed by private persons .............................................................................................................................. 22
G.
Acquisition of Possession ................................................................................................................................................................. 22
H.
Effects of Possession ........................................................................................................................................................................ 23
I.
Effect of possession in the concept of an owner.............................................................................................................................. 24
J.
Presumptions in favor of the possessor ........................................................................................................................................... 24
K.
Possession may be lost by ................................................................................................................................................................ 25
VII. USUFRUCT .......................................................................................................................................................... 26
A.
Concept ............................................................................................................................................................................................ 26
B.
Historical considerations .................................................................................................................................................................. 26
C.
Characteristics of Usufruct ............................................................................................................................................................... 26
D.
Usufruct distinguished from lease; from servitude .......................................................................................................................... 26
E.
Classes of Usufruct ........................................................................................................................................................................... 26
F.
Rights of Usufruct ............................................................................................................................................................................. 27
G.
Rights of Naked Owner .................................................................................................................................................................... 27
H.
Obligations of Usufructuary ............................................................................................................................................................. 28
I.
Special Cases of Usufruct ................................................................................................................................................................. 29
J.
Extinguishment of Usufruct .............................................................................................................................................................. 29
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Page 3 of 48
I. DEFINITION OF PROPERTY
PROPERTY
Is an economic concept, meaning a mass of things useful to human activity and which are necessary to life, for which reason
they may be organized and distributed in one way or another, but, always for the good of the main.
In order that a thing may be considered as property:
o Utility capacity to satisfy human wants
o Individuality or Substantivity an autonomous or separate existence; materials composing a thing are not thing in
themselves.
o Appropriability or susceptibility to appropriation
A.
1.
Lands, buildings, road and constructions of all kinds adhered to the soil.
Trees, plants, growing fruits while they are attached to the land or form an integral part of an immovable
Everything attached to an immovable in a fixed manner, in such a way that it cannot be removed 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. Machineries, receptacles, instruments and implements intended by the owner of the tenement for industry or works
which may be carried on in a building or on a piece of land, and which tends 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. Contract for public works and servitudes and other real rights over immovable property
a.
Art 415, Par 1 Land, buildings, road and constructions of all kinds
Art 415, Par 8 Mines, quarries and slag dumps
b.
By Incorporation
By Destination
Art 415, Par 4 Statues, reliefs, paintings and other objects for use or ornamentation
Art 415, Par 5 Machines, receptacles, implements and instruments
Art 415, Par 6 Animal houses, pigeon-houses, beehives, fishponds and breeding places of similar nature
Art 415, Par 9 Docks and structures
d.
By Analogy
Art 415, Par 10 Contracts for public works, servitudes and other real rights over immovable property
Movables or Personal Property
Art 416 The following are things deemed to be movable property:
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Those movables susceptible of appropriation which are not included in the preceding article
RP which by any special provision of law is considered as personalty
Forces of nature which are brought under the control by science
In general, all things which can be transported from place to place without impairment of the real property to which they are
fixed (c.f. Art 415 No 3)
i.
ii.
iii.
iv.
v.
vi.
Criminal Law
Form of contracts involving movables or immovables
Prescription
Venue/Jurisdiction
Taxation
Double Sales under Art 1544
Art 1544 If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may
have first taken possession thereof in good faith, if it should be IMMOVABLE PROPERTY. (applies to unregistered lands)
For registered lands: Should it be IMMOVABLE PROPERTY, the ownership shall belong to the person acquiring it who in good faith,
first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title, provided there is good faith.
Definition
Elements
REAL RIGHTS
Power belonging to a person over a specific
thing, without a passive subject individually
determined against whom such right may
be personally exercised
1) Subject and object connected by a
relation of ownership of the former
over the latter
2) A general obligation or duty of respect
for such relation, there being no
particular passive subject
3) Effective actions recognized by law to
protect such relation against anyone
who may want to disturb it
PERSONAL RIGHTS
Power belonging to one person to demand
to another, as a definite passive subject, the
fulfillment of a prestation to give, to do or
not to do
1) Two subjects: active and passive
(bound to perform prestation
incumbent upon him by reason of a
juridical tie which binds him to the
active subject), who are determined
and specified
rd
2) General obligation on the part of 3
persons to respect the relation
between the active and passive
subjects
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3)
Also known as
Number of persons involved in the juridical
relation
Object of the juridical relation
By the manner in which the will of the
active subject affects the thing related to it
By the causes of creating the juridical
relation
By the methods of extinguishment of the
juridical relation
By the nature of the actions arising from
them
B.
Jus in re
Active subject 1
Passive subject - the rest of the world
without individual determination
Generally a corporeal thing
Generally affects the thing directly
By mode and title
Extinguished by the loss or destruction of
the thing
Real actions against third persons
Classification by Ownership
1.
Res Nullius does not belong and are not enjoyed by anyone e.g. abandoned property and hidden treasure
2.
Public Dominion owned by the state but enjoyed by all its citizens
cf. Patrimonial Property of State
i.
ii.
iii.
Property of State
Art 420 Art 421 Art 422 see above
i.
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Private Property
a.
b.
c.
C.
Other Classifications
1.
2.
3.
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4.
5.
By reason of designation
a. Generic indicates its homogenous nature, but not the individual e.g. horse, house, dress
b. Specific indicates the specie or its nature and the individual e.g. white horse of X or house No. 20 at Y Street
6.
7.
8.
9.
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II. OWNERSHIP
A.
Definition
OWNERSHIP
B.
J. B. L. Reyes: It is independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom all the
advantages required by the:
o Reasonable needs of the owner (or holder of the right) and
o Promotion of the general welfare
But subject to the restrictions imposed by:
o Law
o Rights of others
Scialoja: It is a relation in private law by virtue of which is a thing (or property right) pertaining to one person is completely
subjected to his will in everything not prohibited by public law or the concurrence with the rights of another
o Sir actually prefers this definition
Art 429 The owner or lawful possessor of a thing has the 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.
C.
Jus Utendi right to use and enjoy the property without destroying its substance
Jus Abutendi right to use and enjoy by consuming the thing by its use
Jus Fruendi right to receive the fruits
Jus Disponendi right to dispose or the power of the owner to alienate, encumber, transform and even destroy the thing
owned
Jus Vindicandi right to recover a thing
2.
3.
4.
5.
6.
Right to accession
Art 440 The ownership of property gives the right by accession to:
3)
4)
5)
6)
1)
2)
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Replevin
b.
Prove his right of ownership rely on the strength of his evidence not on the weakness of defendants
General Limitation
a. Police power salus populi suprema est lex
Art 436 When any property is condemned or seized by competent authority in the interest of health, safety or
security, the owner thereof shall not be entitled to compensation, UNLESS he can show that such condemnation or
seizure is unjustified.
b. Taxation
c. Eminent domain
Art 435
2.
Specific Limitation
a. Legal servitudes
b. Limitations imposed by party transmitting the property
i. By contract or last will or donation
ii. Stipulation on inalienability
3.
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Art 432 The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary
to avert an imminent danger and threatened damage, compared to the damage arising to the owner from the interference is
much greater. The owner may demand from the person benefited indemnity for the damage to him
Act in state of necessity
Art 2191 Proprietors shall also be responsible for damages caused:
(1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive
substances which have not been kept in a safe and adequate place
(2) By excessive smoke, which may be harmful to persons or property
(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure
(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to
the place
Art 670 Distances for windows, apertures, balconies or other similar projection which afford direct and oblique views
Art 677 Constructions near fortified places or fortresses
Art 678 Building of aqueduct, well, sewer, furnace, chimney, stable, depository of corrosive substances, machinery or factory
Art 679 Planting of trees near a tenement
Art 649 Easement of right of way
Art 652 Acquisition of piece of land without right of way
Art 637 Receipt of lower estates of waters which naturally descend from higher estates
Art 676 Easement of drainage
Art 644 Limitations on the imposition of easement of aqueduct
Art 684-687 Lateral and subjacent support
US v CAUSBY ( )
LUNOD v MENESES ( )
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Concept
Art 440 The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
DEFINITIONS OF ACCESSION
Tolentino: Right by virtue of which the owner of a thing becomes the owner of everything that the thing may produce or which
may be inseparably united or incorporated thereto, either naturally or principally.
J. B. L. Reyes: Extension of ownership over a thing to whatever is incorporated thereto naturally or artificially (without or with
labor of man)
Incorporation means a stable union or adherence, not mere juxtaposition
Accession is one of the bundle of rights of ownership and is not a mode of acquiring property
It does not depend upon a new title
B.
2.
3.
Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belongs
to the owner of the land, subject to the provisions of the following articles. Art 445
All works, sowing and planting are presumed made by owner and at his expense, unless the contrary is proved. Art
446
Accessory is incorporated to principal only when cannot be separated without injury to the work constructed or
nd
destruction to plantings, construction or works. 2 phrase, Art 447
Bad faith involves liability for damages and other dire consequences.
Bad faith of one party neutralizes bad faith of the other. Art 453
Ownership of fruits To owner of principal thing belongs the NATURAL, INDUSTRIAL and CIVIL fruits Art 441
EXCEPTIONS:
iii. Possession in good faith
iv. In usufruct
v. In lease (although civil fruits go to the owner)
vi. In antichresis
C.
Obligations of Receiver of Fruits to Pay Expenses by 3rd person in production, gathering and preservation
Art 443 He who receives the fruit has the obligation to pay the expenses made by a third person in their production, gathering and
preservation.
BASIS: no one may unjustly enrich himself at the expense of another
Characteristics of expenses covered:
o Dedicated to the annual production and not for the improvement of the property
o They must not be unnecessary, excessive or for pure luxury, but must be of such an amount naturally required by the
condition of the work cultivation made
Even if expenses exceed the value of fruits, owner must pay expenses just the same, because the law makes no distinction. He
who is entitled to the benefits must bear the rishk and losses.
WHAT MAY JUSTIFY NON-PAYMENT OF FRUITS: Owner may permit possessor to complete the harvesting of fruits
Fruits not yet gathered and possessor is in bad faith: owner need not pay (Art 449)
Fruits already gathered: owner has to pay, accession continua does not apply because fruits have already been separated from
the immovable. This provision makes no distinction as to good faith and baith faith.
Page 12 of 48
Kinds of Accession
1.
Art 440 The ownership of property gives the right by accession to:
o everything which is produced (accession discreta)
o incorporated or attached thereto, either naturally or artificially (accession continua)
a.
b.
c.
Natural products of the soil in whose generation human labor does not intervene
Industrial if it implies some kind of cultivation or labor
Civil rents of lands and buildings, and certain kinds of incomes obtained from the land or building itself
BACHRACH v SEIFERT ( )
BACHRACH v TALISAY ( )
2.
Accession Continua
Over Immovables
1.
a.
b.
LO in good faith
Acquire BPS by paying the value of materials
LO in bad faith
BPS builds, plants or sows on anothers land using his own material (LO and BPS-MM)
Art 448 The
Art 449 The
Art 450 The
Art 451 The
Art 452 The
Art 453 The
Art 454 The
i.
2)
BP may refuse if value of land considerably more than BP; then forced lease by LO and BP
Page 13 of 48
c.
rd
BPS builds, plants or sows on anothers land with materials owned by 3 persons
Art 455 The
N.B.: Good faith does not exclude negligence
Art 456 The
BERNARDO v BATACLAN ( )
IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( )
DEPRA v DUMLAO ( )
TECHNOGAS PHIL v CA ( )
ORTIZ v KAYANAN ( )
GEMINIANO v CA ( )
PLEASANTVILLE DEVT CORP v CA ( )
FELICES v IRIOLA ( )
SPOUSES NUGUID v CA (1993)
SPOUSES NUGUID v CA (2005)
2.
a.
Alluvium
Art 457 To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of
the current of the waters.
REQUISITES FOR LAND ACCRETION TO TAKE PLACE FOR THE BENEFIT OF THE RIPARIAN OWNER
(1) Deposit be gradual and imperceptible - exclusive work of nature
(2) Made through the effects of the current of the water
(3) The land where accretion takes place is adjacent to the banks of the river
Banks of a river lateral strips or zones of its bend which are washed by the stream only during such high floods as do not
cause inundations or to the point reached by the river at high tide
When is alluvion formed? When the deposit of sediment has reached a level higher than the highest level of water during the
year.
Alluvion belongs to riparian owner from the time that the deposit created by the current of the water becomes manifest
REPUBLIC v CA ( )
GRANDE v CA ( )
MENESES ( )
b.
Avulsion
Art 459 Whenever 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 belonged retains ownership of it, provided that
he removes the same within 2 years.
NAVARRO ( )
c.
BAES v CA ( )
BINALAY v MANALO
Formation of Islands
Art 461 The
Art 462 The
Art 463 The
Art 464 The
Art 465 The
See PD 1067
3.
Reverse Accession
Art 120, FC The
Art 321, CC The
Over Movables
1.
a.
Inclusion or Engraftment
b.
Soldadura or Soldering
i.
Plumbatura different metals
ii. Ferruminatio same metal
c.
Tejido or Weaving
d.
Escritura or Writing
e.
Pintura or Painting
2.
Specification
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Page 15 of 48
Cloud on a title an outstanding instrument, record, claim, incumbrance or proceeding which is actually invalid or inoperative,
but which may nevertheless impair or affect injuriously the title to the property.
It must have a prima facie appearance of validity or legal efficacy.
Cloud on a title must have a semblance of validity which appears in some legal form but which is in fact unfounded.
Invalidity or inoperativeness must be proven by an extrinsic evidence.
B.
OLVIGA v CA (1993)
PINGOL v CA (1993)
C.
D.
Notes
1.
2.
3.
4.
TITONG v CA (1998)
5.
Page 16 of 48
V. CO-OWNERSHIP
A.
Definition
CO-OWNERSHIP
The right of common dominion which two or more persons have a spiritual part (or ideal portion) or a thing which is not
physically divided.
B.
Characteristics of co-ownership
1.
2.
3.
4.
PARDELL v BARTOLOME ( )
C.
D.
Joint Tenancy
GATCHALIAN v COLLECTOR ( )
E.
Source of Co-ownership
1.
Law
i.
Cohabitation
Art 147, FC
Art 148, FC
Art 90
ii.
Purchase
Art 1452
iii.
Succession
iv.
Donation
Art 753
nd
Art 573, 2 Par
v.
Chance
Art 472
Hidden treasure
Art 348
vii.
Partnership
Page 17 of 48
Art 658
viii.
Occupation
2.
Condominium Law
Sec 6 (c), RA 4726
Contracts
a.
By agreement
Duration of co-ownership: Art 494
b.
Universal partnership
Art 1778
Art 1779
Art 1780
c.
F.
1.
To use the thing according to the purpose intended may be altered by agreement, express or implied, provided:
a. It is without injury or prejudice to interest of co-ownership and;
b. Without preventing the use of other co-owners
Art 486
PARDELL v BARTOLOME ( )
2.
To share in the benefits in proportion to his interest, provided the charges are borne by each in the same proportion
Art 485
3.
RESUENA v CA (2005)
ACABAL v ACABAL (2005)
4.
5.
Co-owners option not to contribute by waiving his undivided interest equal to amount of contribution dacion en pago
Exception: if waiver is prejudicial to co-ownership
Requisites before repairs for preservation may be made or expenses for embellishment or improvement may be made
Art 489
Effects of failure to notify co-owners
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a.
Concept
Any change injurious to the thing owned in common or to the rights of other co-owners or
Any change material to the use, destination or state of thing which act is in violation of the express or tacit agreement
of the co-owners
b.
c.
Acts of Administration
LAVADIA v COSME ()
MELENCIO v DY TIAO LAY ()
TUASON v TUASON ()
7.
MARIANO v CA ()
VERDAD v CA ()
8.
RAMIREZ v RAMIREZ ()
AGUILAR v CA (1993)
VDA DE APE v CA (2005)
9.
HALILI v CA (1998)
FRANCISCO v BOISER (2000)
G.
1.
2.
Page 19 of 48
Art 499
EXCEPT that creditors cannot ask for rescission even if not notified in the absence of fraud
Art 497
CARVAJAL v CA ()
PAMPLONA v MORETO ()
CASTRO v ATIENZA ()
ESTOQUE v PAJIMULA ()
DIVERSIFIED CREDIT v ROSADO ()
PNB v CA ()
H.
Rules on co-ownership not applicable to conjugal partnership of gains or absolute community of property
I.
Special rules on co-ownership of different stories of a house as differentiated from provisions of Condominium Law
(Act No. 4726)
1.
Concept of Condominium
2.
3.
Extinguishment of co-ownership
1.
2.
3.
Acquisitive prescription
a.
b.
By a third person
By one co-owner as against the other co-owners
Partition or division
a.
ii.
When condition of indivision is imposed by transferor (donor or testator) not exceeding 20 years
Art 494
iii.
iv.
v.
When partition would render the thing unserviceable (but the thing may be sold and co-owners divide the proceeds)
Art 494
Effect of partition
Art 1091
Art 543
Art 1092
Art 1093
Art 499
Art 500
Art 501
c.
d.
Page 20 of 48
Page 21 of 48
VI. POSSESSION
A.
POSSESSION
B.
Is the holding of a thing OR the enjoyment of a right, whether by material occupation or by the fact that the thing or the right is
subjected to the action of our will
It is a real right independent of and apart from ownership i.e. the right of possession (jus possessionis) as distinguished from the
right to possess (jus possidendi)
C.
1.
Mere holding or possession without title whatsoever and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land
2.
This degree of possession will never ripen into full ownership as long as there is no repudiation of concept under which
property is held.
3.
Possession with a just title or title sufficient to transfer ownership, but not from the true owner
E.g. possession of a vendee from vendor who pretends to be the owner
4.
The delivery of possession transfers ownership, and strictly speaking, is the jus possidendi.
D.
Cases of Possession
1.
Possession for oneself or possession exercised in ones own name and possession in the name of another
Art 524
2.
Possession in the concept of an owner and possession in the concept of a mere holder with the ownership belonging to another
Art 525
3.
Page 22 of 48
Art 530 Only things or rights susceptible of appropriation may be the object of possession
F.
1.
Res Communes
2.
3.
G.
Acquisition of Possession
1.
b.
c.
Includes traditio longa manu and tradition simbolica, donations, succession (testate or intestate), contracts, judicial
writs of possession, writ of execution of judgments, execution and registration of public instruments
b.
3.
By same person
ELEMENTS OF PERSONAL ACQUISITION
1. Capacity to acquire possession
2. Intention to possess
3. Possibility of acquiring possession
By his legal representatives
REQUISITES
c.
By his agent
d.
By any person without any power whatsoever but subject to ratification, without prejudice to the proper case of negotiorum
gestio
Art 2144
Art 4129
Art 2150
e.
Page 23 of 48
Art 537
Art 1119
a.
c.
CUAYCONG v BENEDICTO ()
ASTUDILLO v PHHC ()
PERAN v CFI ()
4.
Effects of Possession
1.
In general, every possessor has a right to be respected in his possession; if disturbed therein, possessor has right to be protected in
or restored to said possession
Art 539
a.
YU v HONRADO ( )
b.
ii.
iii.
iv.
2.
3.
Page 24 of 48
Art 552
4.
Possession of movable acquired in good faith (in concept of owner) is equivalent to title
Art 559
One who has lost a movable or has been unlawfully deprived thereof may recover it but without reimbursement
EXCEPT: If possessor acquired it at a public sale
I.
1.
Possession may by lapse of time ripen into full ownership, subject to certain exceptions.
2.
3.
Possessor may bring all actions necessary to protect his possession except accion reivindicatoria
4.
5.
Possessor may ask for inscription of such real right of possession in the Registry of Property
6.
Has rights to fruits and reimbursements for expenses (assuming he is a possessor in good faith)
7.
Upon recovery of possession which he has been unlawfully deprived, may demand fruits and damages
8.
Generally, he can do on the things possessed everything that the law authorizes the owner to do until he is ousted by the one who
has a better right
9.
J.
1.
2.
Of continuity of initial good faith in which possession was commenced or possession in good faith does not lose his character except
in the case and from the moment possessor became aware or is not unaware of improper or wrongful possession
Art 528
CORDERO v CABRAL ( )
3.
Of enjoyment of possession in the same character in which possession was acquired until contrary is proved
Art 529
4.
Of non-interruption of possession in favor of present possessor who proves possession at a previous time until the contrary is
proved
Art 554
Art 1120
Art 1121
Art 1122
Art 1123
Art 1124
5.
Of continuous possession or non-interruption of possession of which he was wrongfully deprived for all purposes favorable to him
Art 561
6.
Page 25 of 48
a.
Of extension of possession of real property to all movables contained therein so long as it is not shown that they should
be excluded
Art 426
b.
c.
K.
1.
2.
3.
4.
Abandonment
Assignment, either onerous or gratuitous
Destruction or total loss of thing or it goes out of commerce
Possession by another; if possession has lasted longer than one year; real right of possession not lost until after 10 years
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A.
VII. USUFRUCT
A.
Concept
Art 562
USUFRUCT
Is a real right, temporary in character that authorizes the holder to enjoy all the advantages derived from a normal exploitation
of anothers property, according to its destination or purpose, and imposes an obligation of restoring at the time specified,
either the thing itself or its equivalent.
B.
Historical Considerations
C.
Characteristics of Usufruct
D.
E.
Classes of Usufruct
1.
By origin
a.
b.
c.
2.
Usufruct
Servitude
Voluntary
Legal
Art 321
Art 226, FC
Mixed
Simple
Multiple
i.
Simultaneous
ii.
Succession
Limitation on successive usufruct
Art 756
Art 863
Art 869
By object of usufruct
a.
b.
4.
Lease
3.
Usufruct
Rights
Art 574
Things
i.
Normal
ii.
Abnormal, irregular or quasi-usufruct
As to the fruits
i.
Total
ii.
Partial
As to object
i.
Singular
ii.
Universal
Art 595
Subject to provisions of:
Art 758
Art 759
5.
Pure
Conditional
With a term (period)
F.
Rights of Usufructuary
1.
Right to possess and enjoy the thing itself, its fruits and accessions
Civil fruits
Art 569
Art 588
b.
Limitations
Liability of usufructuary
Art 590
FABIE v DAVID ()
c.
2.
Right to mortgage
Right of usufruct
Art 572
b.
G.
1.
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H.
Obligations of Usufructuary
1.
To make inventory
Art 583
i.
REQUISITES OF INVENTORY
1) Immovables described
2) Movables appraised
ii.
b.
2.
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ii.
iii.
b.
c.
If indispensable and owner fails to undertake extraordinary repairs, it may be made by usufructuary;
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nd
BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v SAMAR MINING COMPANY INC ()
3.
e.
f.
g.
To deliver the thing in usufruct to the owner in the condition in which he has received it, after undertaking ordinary repairs
EXCEPTION: abnormal usufruct
I.
1.
2.
3.
4.
5.
6.
7.
8.
9.
J.
Extinguishment of Usufruct
Art 603
1.
Death of usufructuary
EXCEPTION: unless a contrary intention clearly appeals
2.
Expiration of period or fulfillment of resolutory condition imposed on usufruct by person constituting the usufruct
Time may elapse before a third person attains a certain age, even if the latter dies before period expires unless granted only
in consideration of his existence
Art 606
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BALURAN v NAVARRO ()
NHA v CA ()
BULACAN GARDEN CORP v MANILA SEEDLING BANK ()
3.
4.
Renunciation of usufruct
a. Limitations
b. Must be express
c. If made in fraud of creditors, waiver may be rescinded by them through action under Art 1381
5.
b.
2.
3.
When insurance taken by usufructuary only depends on value of usufructuarys insurable interest (not provided for in the
Civil Code)
i.
Insurance proceeds to usufructuary
ii.
No obligation to rebuild
iii.
Usufruct continues on the land
iv.
Owner does not share in insurance proceeds
6.
7.
Prescription
Cases covered:
a. If third party acquires ownership of thing or property in usufruct
b. Right of ownership lost through prescription
c. Right of usufruct not began within prescriptive period
d. If there is a tacit abandonment or non-user of thing held in usufruct for required period
8.
b.
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K.
Definition
Is a real right which burdens a thing with a prestation consisting of determinate servitudes for the exclusive enjoyment of a
person who is not its owner or of a tenement belonging to another,
Is the real right over an immovable by nature i.e. land and buildings, by virtue of which the owner of the same has to abstain
from doing or to allow somebody else to do something in his property for the benefit of another thing or person.
B.
1.
It is a real right, i.e. it gives an action in rem or real action against any possessor of servient estate.
2.
It is a right enjoyed over another property (jus in re aliena or a right in the property of another) i.e. it cannot exist in ones own
property (nemini nulli res sua servit or no one can have servitude on a property of his own).
3.
It is a right constituted over an immovable by nature (land and buildings), not over immovables.
4.
It limits the servient owners right of ownership for the benefit of the dominant estate Right of limited use, but no right to possess
servient estate. Being an abnormal limitation of ownership, it cannot be presumed.
5.
6.
It cannot consists in requiring the owner of the servient estate to do an act (servitus in faciendo consistere nequit or servitudes may
not impose positive acts) unless the act is accessory to a praedial servitude (obligation propter rem)
7.
Generally, it may consist in the owner of the dominant estate demanding that the owner of the servient estate refrain from doing
something (servitus in non faciendo), or that the latter permit that something be done over the servient property (servitus in
patendo), but not in the right to demand that the owner of the servient estate to do something (servitus in faciendo) EXCEPT if such
act is an accessory obligation to a praedial servitude (obligation propter rem)
9.
It is intransmissible, i.e. it cannot be alienated separately from the tenement affected, or benefited.
10. It is indivisible.
Art 616
11. It has permanence, i.e. once it attaches, whether used or not, it continues and may be used anytime.
C.
Classification of Servitudes
1.
As to recipient of benefits
a.
b.
2.
Real or Praedial
Personal
N.B.: Under Roman Law, usufruct together with usus habitatio, and operae servorum were classified as personal servitude]
Art 614
As to course or origin
a.
b.
Legal, whether for public use or for the interest of private persons
Art 634
Voluntary
As to its exercise
Art 615
a.
b.
4.
Continuous
Discontinuous
5.
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Apparent
Non-apparent
Positive
Negative
D.
1.
2.
3.
4.
5.
No one can have a servitude over his own property (nulli res sua servit)
A servitude cannot consist in doing (servitus in faciendo consistere nequit)
There cannot be a servitude over another servitude (servitus servitudes esse non potest)
A servitude must be exercised civiliter, i.e. in a way least burdensome to the owner of the land.
A servitude must have a perpetual cause.
E.
By title
Juridical act which give rise to the servitude e.g. law, donations, contracts or wills
If easement has been acquired but no proof of existence of easement available, and easement is one that cannot be acquired
by prescription, then
i.
May be cured by deed of recognition by owner of servient estate
ii.
By final judgment
iii.
Existence of an apparent sign considered a title
Art 624
AMOR v FLORENTINO ()
2.
By prescription
RONQUILLO v ROCO ()
F.
Dominant Estate
1.
b.
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In a right of way, to ask for change in width of easement sufficient for needs of dominant estate
Art 651
DE LUNA v ENCARNACION ()
2.
c.
To use the easement for benefit of immovable and in the manner originally established
Art 626
To notify owner of servient estate before making repairs and to make repairs in a manner least inconvenient to servient
estate
Art 627
Not to alter easement or render it more burdensome
Art 627
To contribute to expenses of works necessary for use and preservation of servitude, if there are several dominant estates,
unless he renounces his interest
Art 628
Servient Estate
3.
4.
G.
b.
b.
Merger in the same person of the ownership of the dominant and servient estates
2.
3.
4.
5.
6.
H.
Legal Easements
1.
2.
a.
b.
1)
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ONGSIAKO v ONGSIAKO ()
2)
3)
Abutment of a dam
Art 639
4)
Aqueduct
Art 642
Art 643
Art 644
Art 645
Art 646
5)
6)
Art 649
Art 650
Art 651
Art 652
Art 653
Art 654
Art 655
Art 656
Art 658
Art 659
Art 660
Art 661
Art 662
Art 663
Art 664
Art 665
Art 666
d)
Art 667
Art 668
Art 669
Art 670
Art 671
Art 672
Art 673
e)
Art 674
Art 675
Art 676
f)
Art 677
Art 678
Art 679
Art 680
Art 681
g)
Art 682
Art 683
h)
Art 684
Art 685
Art 686
Art 687
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MODE
The specific cause which produces dominion and other real rights as a result of the co-existence of special status of things,
capacity and intention of persons and fulfillment of requisites of law
Proximate cause
TITLE
Every juridical right which gives a means to the acquisition of real rights but which in itself is insufficient
Remote cause
Which produce the acquisition of ownership independent of any pre-existing right of another person, hence, free from any
burdens or encumbrances
a.
b.
Occupation
Intellectual creation
DERIVATIVE MODES
Based on a right previously held by another person and therefore, subject to the same characteristics, powers, burden etc as
when held by previous owner
Law - e.g.
o Registration under Act 496
o Estoppel of title
Art 1434
o Marriage under ACP
o Hidden treasure
o Accession
Art 445
o Change in rivers course
Art 461
o Accession continua over movables
Art 466
Art 6681
Art 1456
Art 120
a)
b)
c)
d)
Donation
Succession
Prescription
Tradition
REQUISITES:
(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
(3) Intention (of both grantor and grantee)
(4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically, symbolically or legally
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia rerum transferentur (Not by mere agreement, but by delivery, is ownership
transferred.)
Real tradition
Constructive tradition
i. Symbolical delivery
ii. Delivery of public instrument
iii. Traditio longamanu
iv. Traditio brevi manu
v. Traditio constitutum possessorium
vi. Quasi-tradition
vii. Tradition by operation of law
Occupation
a.
b.
c.
d.
e.
Hidden treasure
Art 718
Art 438
Art 439
f.
Lost movables
Art 719
Art 720
Procedure after finding lost movables
Intellectual creation
Intellectual Property Code (RA 8293)
Intellectual Property Rights (IPR):
a. Copyright & related rights
b. Trademarks & service marks
c. Geographic indications
d. Industrial designs
e. Patents
f. Topographies of integrated circuits
g. Rights of performers, producers of sound recordings & broadcasting orgs
h. Protection of undisclosed information
i.
Laws repealed by the IPC
Sec 239 All acts and part of acts inconsistent with Intellectual Property Code, particularly:
RA 166, as amended
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DONATION
Nature of donation
There must be impoverishment (in fact) of donors patrimony and enrichment on part of donee
Kinds of donation
1.
2.
As to cause or consideration
a. Simple
b. Remuneratory
c. Onerous imposes a burden inferior to the value of property donated
i.
Improper burden equal in value to property donated
ii.
Sub-modo or modal E.g. imposes a prestation upon donee as to how property donated will be applied
Art 882
iii.
Mixed donations negotium mixtum cum donatione e.g. sale for price lower than value of property
3.
As to effectivity or extinguishment
a. Pure
b. Conditional
Art 730
Art 731
4.
Importance of classification
a. As to form
b. As to governing rules
c. As to impossible conditions
Art 727
Art 1183
5.
6.
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What is important is the time of transfer of ownership even if transfer of property donated may be subject to a
condition or a term
Importance of classification validity and revocation of donation
2.
Time of acceptance
a. of donation inter vivos
Art 746
b. of donation mortis causa
Form of donations
1.
Personal property
Art 748
2.
Real property
Art 749
3.
PROVIDED, he reserves in full ownership or usufruct, sufficient means for support of himself and all relatives entitled to be
supported by donor at the time of acceptance
Art 750
b.
PROVIDED, that no person may give or receive, by way of donation, more than he may give or receive by will
Art 752
Also, reserves property sufficient to pay donors debts contracted before donation, otherwise, donation is in fraud of
creditors
Art 759
Art 1387
2.
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If donation exceeds the disposable or free portion of his estate, donation is inofficious
EXCEPTIONS
3.
a.
Donations provided for in marriage settlements between future spouses not more than 1/5 of present property
Art 84, FC
Art 130, CC
b.
Donations propter nuptias by an ascendant consisting of jewelry, furniture or clothing not to exceed 1/10 of disposable
portion
Art 1070
Future property
Art 751 Anything which donor cannot dispose of at the time of donation
EXCEPTION
Marriage settlements of future spouses only in event of death to extent laid down in CC re: testamentary succession
Art 84, FC
Art 130 CC
Effect of donation
A.
In general
B.
1.
2.
3.
Donor not obliged to warrant things donated, EXCEPT in onerous donations in which case donor is liable for eviction up to the
extent of burden
Art 754
4.
Donor is liable for eviction or hidden defects in case of bad faith on his part
Art 754
5.
In donations propter nuptias, donor must release property donated from mortgages and other encumbrances, unless contrary
has been stipulated
Art 131, CC
6.
Special provisions
1.
2.
3.
4.
Reservation by donor of power to dispose (in whole or in part) or to encumber property donated
Art 755
Donation of naked ownership to one donee and usufruct to another
Art 756
Conventional reversion in favor of donor or other person
Art 757
Payment of donors debt
Art 758
a. If expressly stipulated
o Donee to pay only debts contracted before the donation, UNLESS specified otherwise
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o But in no case shall donee be responsible for debts exceeding the value of property donated, UNLESS clearly intended
If there is no stipulation
o Donee answerable only for donors debt only in case of donation is in fraud of creditors
Illegal or impossible conditions
Art 727
Art 1183
b.
5.
B.
Causes of Reduction/Revocation
1.
2.
C.
Inofficiousness of donation
Art 752
Art 771
Art 773
Art 911
Art 912
a.
b.
Revocation only
1.
Ingratitude
a.
Causes
Art 765
b.
c.
d.
Effect of revocation
On alienation and mortgages
Art 766
Art 767
2.
Violation of condition
a.
Prescription of action
b.
Transmissibility of action
3.
Reduction
4.
Effect as to fruits
Art 768
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LEASE
A.
B.
Temporary duration
Onerous
Price is fixed according to contract duration
Kinds of leases
1.
2.
3.
Lease of services
a.
Household service
b.
c.
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Lease of things
1.
Concept
Art 1643
2.
3.
4.
5.
6.
Assignment of lease
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Art 1649
7.
8.
9.
Sublease
Art 1650
a.
b.
Obligations of a lessor
Art 1654
Art 1661
b.
Obligations of lessee
Art 1657
Art 1662
Art 1663
Art 1665
Art 1668
Art 1667
c.
d.
e.
rd
10. Right to ask for writ of preliminary mandatory injunction in unlawful detainer cases
Art 1674
Art 539, Par 2
11. Implied extension of lease
Art 1670
Art 1682
Art 1687
Art 1675
12. Right of purchase of leased land
Art 1676
Art 1677
13. Useful improvements in good faith made by lessee
Art 1678
14. Special provisions for leases of rural lands
Art 1680
Art 1681
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