Property: Concept/Qualities Classifications Importance of Classification

PROPERTY
CONCEPT/QUALITIES CLASSIFICATIONS IMPORTANCE OF CLASSIFICATION

Thing (res) is that which exists. It is a Real/Immovable --------- (Nature/Mobility) ---------- Personal/Immovable 1. Private International Law
comprehensive term, and is twofold: Real prop: law of country of location
(1) Property, or that which is applies;
susceptible of appropriation or is Personal prop: law of nationality/domicile.
already owned (res alicujus) Public ------------------------------- (Ownership) ----------------------------- Private
(2) Thing which is not susceptible of 2. Criminal Law
appropriation and cannot be Real Property: If illegally occupied, crime is
owned. Divisible --------------------------- (Divisibility) ------------------------ Indivisible usurpation of property;
Personal Property: If illegally taken, crime is
Property as a legal concept, has the robbery or theft.
following qualities:
(a) Utility – capacity of being useful Fungible ------------- (Susceptibility to Substitution) ----------- Non- fungible 3. Procedural Law
or to satisfy some human wants; Real: Court of location has jurisdiction;
(b) Individuality – having existence Personal: Court of residence of owner has
of its own and apart from some jurisdiction.
other thing; Consummable -------------– (Consummability) ----------– Non Consummable
(c) Appropriability – susceptibility 4. Contracts
of being possessed and owned. Real: Real Estate Mortgage, antichresis;
Included here is a thing which there is no Personal: Chattel Mortgage; loan, mutuum,
owner yet (res nullius) but van be owned Principal ---------------– (Dependence or Importance )------------– Accessory deposit, pledge.
and appropriated.
5. Donation
On the other hand a thing which is not Real: public instrument is required.
susceptible of appropriation is not Personal: Oral is sufficient, but written
property. Examples are common things Corporeal –---------- (Manifestation to Senses) –------------ (Non Corporeal) instrument if value is Php 5000 plus.
(res communes) such as air, wind,
sunshine. These are for the benefit of all, 6. Prescription
an not exclusively of one. Real property: Period of 10/30 years
Personal property: Period of 4/8 years.
A human person is not a property, nor Real Rights Personal Rights
even his body while he is still alive. But (jus in re) (jus in personam or ad rem) 7. Registration
under certain conditions allowed by law, Object is real/personal property Object is prestation and obligation Real property: With Registry of Deeds
he may donate part of his body like Personal property: With specified agency:
blood or an organ LTO: motor vehicle; PCG: marine vessel
Encoded and Compiled by NAPA 1

PRINCIPAL PROPERTY
ACCORDING TO NATURE/MOBILITY ACCORDING TO OWNERSHIP
REAL/IMMOVABLES PERSONAL/MOVABLES MIXED/ PROPERTY OF PATRIMONIAL PROPERTY OF

SEMI-MOVABLES PUBLIC DOMINION PROPERTY PRIVATE
1. Lands, buildings, roads, 1. Those not included in OWNERSHIP
and other constructions list of immovable in 1. Movables Owned by the Stated or
adhered to the soil; Art. 415 immobilized by its political subdivisions Owned by the state or Owned by private
2. Trees and plants while destination or in their public sovereign its political subdivisions person/s either
attached to land or are 2. Real property through capacity: in their proprietary individually or
integral part of considered personalty attachment, such as function or their collectively as in co-
(a) For public use such
immovable by special provision of machines and private/juridical ownership, corporation
as roads parks and
3. Everything law, eg. Chattel paintings as in 4 capacity; association, partnership
bridges constructed by
attached/fixed to Mortgage Law; and 5 of $15 and other juridical
the State or its political
immovable and cannot May be acquired entity.
subdivisions, also
be removed without 3. Forces of nature 2. Immovable treated privately by contract or
shores, roadsteads, and
damage to it; brought under control as movables prescription;
there of similar
4. Statues, paintings, and by science; because capable of
character; Or
others for use as being transported , Formerly of public
ornamentation placed 4. In general, those that dismantled and (b) For public service, dominion, but no longer
By owner of land or can be removed or removed without like government for public use o service
building, with intention transported without damage buildings and vehicles; and converted by formal
to attach them impairment to and declaration of the
permanently; immovable to which 3. Immovables treated executive/ legislative.
(c) For development of
5. Machinery, instruments they are attached; by parties as
national wealth like
or implements placed by movables, such as
minerals, coal forest and
owners of tenements to 5. Obligation and actions building covered by
other natural resources;
meet directly needs of whose objects are chattel mortgage.
industry or works movables or money; (The agreement is
Property of public
carried threat; not binding on
dominion for public use
6. Animal houses, beehives 6. Shares of stocks and third party by only
or service is outside the
fishponds placed by their certificates on the parties
commerce of men. It
owner with intention to themselves who are
cannot be: alienated,
attach them permanently 7. Intellectual property, estopped form
leased, or contracted;
on the land; like copyrights, patents, questioning the
acquired by
7. Mines, quarries while and trademarks. treatment of the
prescription,; or subject
forming parts of bed and building as
or attachment or
waters movable).
execution.
8. Contracts for public
works, servitudes and
real rights over
immovable

OWNERSHIP
CONCEPTS/RIGHTS/RESPONSIBILITIES RECOVERY OF POSSESSION/ OWNERSHIP
Concept. Ownership is the right of Responsibilities. An owner or lawful The owner may avail of the following This summary action is filed with the
enjoyment, use, and control of a possessor may use such force as may actions and remedies, depending on proper MTC within 1 year from the
property, and the right to dispose of be reasonably necessary to repel or whether: forcible entry or last demand to vacate
and recover it, subject to limitations prevent an actual or threatened in the case of illegal detainer. It
established by law and the rights of unlawful physical invasion or (a) the property is personal or real; requires proof of prior physical
other persons. (Art. 427) usurpation of his property (Art. 429). (b) on the length of the dispossession possession and/or the termination of
It must be reasonable force to be the right to possess by the defendant.
Rights. As an owner of the property, exercised at the time of the actual or A. Personal Property –
he is conferred the following(Art. 428): threatened dispossession to regain Accion publiciana, possessory action
possession of his property. The suit is the principal action for filed when accion interdictal has
(1) right to possess (jus possidendi) Replevin, the provisional remedy of prescribed, and within 10 years
(2) right to use and enjoy (jus utendi) An owner must respect any easement writ of replevin for the immediate prescription therefrom, with the
(3) right to the fruits (jus fruendi) or servitude on his property, and delivery of the property to the plaintiff proper RTC. The issue is possession de
(4) right to the accessories cannot make use of his property in upon the filing of a bond and his jure or the better right of possession.
(jus accessionis) such manner as to injure the rights of retention thereof pendent lite (Rule 60).
(5) right to consume (jus abutendi) third person (Arts. 430 & 431). The suit must be filed within the The remedy of preliminary injuction
(6) right to dispose (jus disponendi) prescriptive period of 4 years or 8 may be granted, though sparingly,
(7) right to recover (jus vindicandi) Actual possession under claim of years from the time of possession when the plaintiff has clear positive
ownership raises a disputable depending if the holder has good or right over the property and defendant
The enumerated rights may be presumption of ownership. Hence, the bad faith. clearly not entitled thereto.
separated from the naked ownership true owner deprived of possession
or bare title, as in a contract of lease must resort to legal means, including B. Real Property – Accion reinvindicatoria, also known
where the lessor retains ownership judicial process, to recover the as reivindicatory action is filed within
while the lessee is given the use and property. He must rely on the strength Accion interdictal or ejectment suit, the same prescriptive period as accion
possession of the property. So also in of his title and not on the weakness of which involves mere physical publiciana with the proper RTC. It
usufruct where the right to possess, the defendant’s claim. He must also possession or possession de facto. involves both the issue of possession
use, and enjoy the fruits is transferred identify the property with certainty, and ownership, that is:
by the owner to the usufructuary such as in the case of land, its location, v Forcible entry, when the (a) that the plaintiff is the owner of the
either gratuitously or onerously. In area and boundaries (Arts. 433 & 434). dispossession was effected by force. land or possessed it in concept of
residential subdivision, the residents Intimidation, strategy, threat, owner; and
have beneficial ownership of the stealth (FIST); and (b) the defendant dispossessed him of
roads, open spaces, alleys, clubhouse. the land.
v Illegal detainer, where the
possession by the defendant was at
first lawful but became unlawful
later.

CO-OWNERSHIP
CONCEPT AND JURISPRUDENCE RIGHTS OF EVERY CO-OWNER TERMINATION OF CO-OWNERSHIP PARTITION
1. May use the co-owned property,
Meaning: As a form of ownership, co- (a) in accordance with its purpose; 1. When there is partition, judicial or The right of a co-owner to partition is
ownership exist when an undivided (b) without injury to the interest of extrajudicial, of the respective shares of imprescriptible and not barred by
thing or right belongs to or is share the co-ownership; and the co-owners. laches, absent a clear repudiation of
by several persons (Art. 484). A co- (c) allowing other co-owners to use the co-ownership by another co-owner
owner owns an ideal/aliquot share of it according to their rights (Art. 486). 2. When one co-owner acquires all the communicated to all co-owners (Arts.
the property but it cannot be interest of the other co-owners in the 494-495). When there is successful
determined yet which specific portion 2. May bring an action (accion property. repudiation, the period for
thereof it is. interdictal, publiciana, reinvindictoria) prescription against partition begins to
affecting the co-ownership in behalf 3. When the co-owned property is: run.
Also, a co-owner’s share may be equal of himself and the other co-owners. (a) Completely destroyed or lost;
or unequal to the shares of the other (Art. 487) (b) Acquired by prescription by a third In an action for partition, the court
co-owners. person must first resolve whether there exists
Say, an aunt donated ½ of the land to 3. May compel, after due notice if (c) Sold by the co-owners who then co-ownership. If there is none, the
a niece and ¼ each to 2 nephews, practicable, the other co-owners to distribute the proceeds among action is dismissible.
without specifying which portions of contribute to the expenses for themselves.
the land. preservation (not just useful expenses The co-owners cannot demand a
or for pure luxury) of the common 4. When a co-owner repudiates the co- physical division of the property in
Jurisprudence: property and to taxes. (Arts. 488- ownership, that is: common, when to do so would render
(a) In a valid marriage, the law 489). (a) Claims the property as exclusive it unserviceable for the use for which
provides for an absolute community 4. Shall have full ownership of his owner; it is intended (Art 495)
of property which is a co-ownership part and of the fruits and benefits (b) Does acts of exclusive ownership
between the spouses; thereof, and may alienate, assign or such as paying the property taxes When the property is essentially
mortgage his ideal share, and even therefor; and indivisible, (a) the co-owners may
(b) In a marriage declared void ab substitute another person in its (c) Possesses it adversely for a period agree to allot the property to a co-
initio, the property regime to be enjoyment except when personal allowing acquisitive prescription. owner who may indemnify them their
partitioned and distributed is that of right is involved. (Art. 493) respective shares; (b) if they cannot
equal co-ownership; 5. When a co-owner actually and agree, the property shall be sold and
5. May demand at any time the exclusive possesses and enjoys a its proceeds distributed proportionate
(c) In bigamous marriage or partition of the property, insofar as definite portion of the property, with the to their respective shares (Art. 498).
adulterous relationship, each partner his share is concerned, except when: conformity or acquiescence of the other
must prove his/her actual (a) The owners agreed to keep thing co-owners, that portion is excluded from
contribution to the acquisition of the undivided for a period not the co-ownership.
property in order to lay claim to a exceeding 10 years extendible by
portion thereof proportionate to another agreement;
his/her respective contribution. (b) The donor or testator prohibited
partition for maximum period of 20
years;
(c) Prohibited by law; or
(d)Partition will render the property
unserviceable as intended (Arts.
494-495).

POSSESSION (A)
CONCEPT KINDS OF POSSESSION ACQUISITION
A. Meaning and Requisites A. Classes of Possession B. Possession in the concept of A. Possession is acquired by 531
owner
Possession is the holding of a thing or 1. (a) In one’s own name, such as that of 1. Material occupation of a thing or
enjoyment of a right [523]. the real owner; It is the possession in the concept of exercise of a right.
(b) in the name of another, such as that owner that can serve to acquire 2. Subjection of thing or right to
There must be occupancy or control of of an agent [524].
ownership by prescription [540]: one’s will.
the thing or right, and with the § Movables: 4 or 8 years
The latter (b) may be: 3. By proper acts and legal
intention to posses. § Immovables: 10 or 30 years
§ Physical or material possession formalities established for
The intention can be inferred when the e.g. mere custodian of funds like a Depending on the presence or absence acquiring the right of possession.
thing is under the power and control bank teller; or of good faith and just title
of the possessor, as in the crime of § Judicial possession Examples of the last are succession,
e.g. an agent who receives proceeds of However a Torrens certificate of title
illegal possession of firearm. donation, sale, and writ of possession.
sale and may retain the same for as
over land is imprescriptible.
long as his commission is not paid
The thing must be appropriable to be An exception: a forged document may Possession may be acquired by the
object of possession [530], that is, it is a 2. (a) In the concept of owner, that is, be the root of a valid title, as when the person who is to enjoy it or through a
property. possession by the owner himself or certificate of title has been transferred legal representative. It may even be
who claims and acts an owner even if to the name of the forger or of a through an unauthorized person
B. Degrees of Possession he is not; or person chosen by the forger, and the provided his possession is ratified
(b) In the concept of holder, that is, land is sold later to an innocent later by the principal.
the possessor acknowledges that
1. With juridical title, such as that of a purchaser for value (IPV).
another is the owner
lessee, agent, pledgee, and trustee. e.g. lessee, pledgee, usufructuary,
They have a juridical relation, either depositary, and bailee. B. Possession may NOT be:
by law or contract, with the owner. C. Possession in the concept of
3. (a) In good faith, that is, possessor holder 1. Acquired through force or
2. With just title, such as that of a who is not aware of any defect that intimidation as long as there is a
invalidates his title; Lessee, depositary, agent, trustee,
possessor in good faith who acquired possessor who objects thereto.
(b) In bad faith, that is, a possessor
the thing from a seller who was not those who acquire possession by [536].
who is aware of such defect.
the true owner. threat or intimidation, and those
4. (a) Actual possession, that is, whose possession is merely tolerated, 2. Affected by acts merely tolerated
3. With title in fee simple which is occupancy in fact of the thing, wholly cannot acquire dominion by and those executed clandestinely
that of the owner himself. or partially; acquisitive prescription and without the knowledge of
(b) Constructive possession, that is, the possessor, and by violence
occupancy of a part which is deemed
4. Without any title, whatever such as [537].
by law to extend to control of the
that of a thief or squatter. The latter’s whole. In the case of the latter, the These acts cannot ripen into
possession is by mere tolerance. possessor must be able to subject the ownership.
entire property to the action of his will.

POSSESSION (B)
POSSESSION IN GOOD FAITH RIGHTS/REMEDIES OF POSSESSION
A. Benefits of the possessor in B. Good faith and bad faith A. Rights of possessor [539]. C. Benefits recovery of possession
good faith [526] according to law
1. To be respected in his possession.
1. Entitled to fruits received before
possession was legally terminated A possessor in good faith is one who 2. To be protected in his possession. 1. Entitlement to improvement
[544]. If his possession is legally is not aware of any flaw in his title or 3. To be restored to his possession if caused by nature or time [552].
terminated, his entitlement to the fruits in his mode of acquisition of his unjustly disturbed/ deprived 2. NO obligation to pay for
continues. possession. thereof. improvements which ceased to
2. Entitled to proportionate right to exist at time of the recovery [553]
natural and industrial fruits, and A possessor in bad faith is one who is B. Remedies of possessor 3. Present possessor who shows
obliged to proportionate part of aware of the defect. deprived of his possession: possession at some previous
expenses of cultivation and of charges time is presumed to have been in
[545]. A possessor in good faith may become 1. Forcible entry and illegal possession during the
a possessor in bad faith when he detainer. intermediate period, unless the
3. May retain thing until reimbursed of learns or becomes aware of the flaw in 2. Accion publiciana contrary is proved
necessary and useful expenses [546]. his title or mode of acquisition of his 3. Accion reinvindicatoria
possession. 4. Replevin D. Recovery of possession lost
4. May remove useful improvements if no
damage is done thereby to principal,
unless the possessor who recovers For example, when he is served the The first 3 remedies concern real He may be required to pay for
possession refund the expenses or pay judicial summons in a case filed by property while replevin applies to necessary expenses incurred in the
increase in value of the thing. one who claims the right of personal property. A motion of writ of preservation of the thing, as when the
possession/ownership of the replevin may be filed in the last previous possessor was in good faith
5. Not entitled to right of refund of the property. Of course, if he wins the remedy. [536]. Also, the latter may remove
expenses for pure luxury or mere case it is as if his possession in good useful improvements if the removal
pleasure, but may remove ornaments if faith was never interrupted. Forcible entry is when possession by thereof will not damage the principal
no damage is caused thereby to the
the trespasser is illegal from the start, thing, unless the person who recovered
principal thing, unless the possessor who
recobers possession opts to refund. and done with fraud, intimidation, opts to refund the expenses or pay
stealth, threat, or strategy (FISTS). In increases in value [547].
6. Not liable for deterioration or loss of illegal detainer, possession was legal
thing, unless he is guilty of negligence at the start but became illegal later, eg. Expenses for luxury are not refunded.
or quasi delict under Article 2176 [552]. When the lease has terminated but the But the previous possessor in good
There may be good faith and lessee refuses without basis to vacate. faith may remove them provided no
negligence at the same time. injury will caused to principal, unless
These remedies must be filed within 1 the possessor who recovered opts refund
year from the illegal trespass/entry or the amount of expenses [548].
from the last demand to vacate. A
motion for writ of preliminary
injunction may be filed within 10 days
from the filing of the complaint.

POSSESSION (C)
POSSESSION OF HEREDITARY
PRESUMPTION IN POSSESSION PREFERENCE IN POSSESSION LOSS OF POSSESSION
PROPERTY
The rules are the following: The legal presumptions in favor of a In case of dispute as to which party Possession may be lost by [555]:
possessor are: has rightful possession preference is
1. Possession (and ownership) of given in the following order to: 1. Abandonment of the thing.
hereditary property is transmitted to
1. His possession is with legal title, The act must be voluntary and
the heir at the moment of death of the
decedent. An heir who validly and he is not obliged to show it 1. The present or actual possessor. without the hope of recovery (spes
renounces his inheritance is deemed [541]. recuperandi) or intention to return
not to have possessed (and owned) it 2. If there are 2 possessors, the one (animus revertendi).
at all [533]. 2. Possession of real property longer in possession.
includes possession of the 2. Assignment made to another,
The heir’s period of possession begins movables therein, if this is not 3. If dates of the possession are the either onerous or gratuitous.
at death of decedent. But for the shown to be excluded [542]. same, the possessor who presents
purpose of acquisitive prescription, a title. 3. Destruction or loss of thing,
his period of possession may be
3. Co-possessor of a commonly either intentionally or
tacked on to the length of possession
of the decedent. owned/held property is deemed to 4. If all conditions are equal, the accidentally.
have exclusively possessed that question will be determined by
2. Heir will not suffer consequences of part allotted to him upon the court in proper proceeding 4. The thing goes out of commerce,
wrongful possession of decedent if partition, and for the entire period [538]. as when it is expropriated for
unaware of the defect. But his good of the co-possession [543]. public use.
faith will benefit him only upon the This rule of preference does not apply e.g. For a road or public market; it
death, the fruits of the property 4. Present possessor who shows his in co-possession of commonly becomes public property and not
belong to the heir until such time that possession at a previous time, is owned/held property where it is subject to private ownership or
he acquires knowledge of the defect.
deemed to have held possession possessed legally and equally at the possession.
The fruits thereafter shall belong to
the person who recovers validly the during the intermediate period, in same time by 2 or more persons.
property. the absence of contrary proof 5. Possession by another for more
than a year except when the
3. Minors and incapacitated persons 5. A possessor, who recovers possession by the other person
may acquire possession such as in according to law possession is by mere tolerance as in the
succession. But they need assistance of unjustly lost, is deemed enjoy it case of squatter [357].
their legal representatives to exercise without interruption [561]. This is
right arising from possession such as important for the purpose of Action for forcible or illegal detainer
the reception of the fruits thereof
acquisitive prescription. where the issues is possession de
[535]. Excluded are insane demented
facto, can no longer be filed. After one
persons who cannot have intention to
posses (animus possidendi). year, the owner’s or former
possessor’s remedy is either accion
publiciana or accion reinvindicatoriia
where the issue is possession de jure or
better right of possession.

CONCEPT & KIND OF USUFRUCT RIGHTS OF THE USUFRUCTUARY
Usufruct is the right to enjoy
temporarily the property of 3. Mixed – created by law and A. As to the property and its B. As to the usufruct itself:
another with an obligation of by will of the parties. fruits:
preserving its form and substance 1. To alienate the right of usufruct
(562). Usufruct may be constituted: 1. To receive all the natural subject to its period (572), except
industrial and civil fruits of the parental usufruct.
§ Total or Partial: property (566). Natural or
Such right of the usufructuary
On the whole or part of the industrial fruits growing at the
includes the rights to use (jus 2. To exercise the rights of a co-
thing start of the ususfruct, belong to the
utendi) and the right to fruits (jus owner with respect to the
§ Simple or Multiple: usufructuary; those growing at the
fruendi), while the owner retains administration and collection of
In favor of one or more end belongs to the owner (567).
the right to alienate or encumber fruits from the co-owned property,
usufructuaries Civil fruits accrue daily and belong
(jus disponendi) the property. and after partition from his share
to the usufructuary in proportion (582).
§ From or to a certain day (with a to the period of the usufruct (569).
The usufructuary’s obligation to
term), purely and conditionally
preserve may be subject to the title C. As to advances and damages:
(without term/condition or 2. To enjoy any increase which the
or law constituting the usufruct, as thing in usufruct may acquire
with condition).
for instance when the property is through accession and servitudes 1. To be reimbursed for advances
consumable. for extraordinary repairs and
§ It may also be constituted on a established in its favor (571)
expenses on the property, and for
right provided not personal or 3. To enjoy personally the thing in
Kinds (563): taxes on the capital (594 & 597).
intransmissible such as the usufruct or to lease it to another,
right to receive support (564) subject to the period of the 2. To retain the property until he
1. Legal – created by law, such
as the usufruct of parents usufruct reimbursed for such advances
Next topics:
over the property of their 4. To bring an action for recovery (612).
unemancipated children.
The rights and obligations of the of the property, and to oblige the
3. To be respected in his usufruct
usufructuary are provided in the owner to authorize him for the
2. Voluntary – created by will of purpose and to provide him the in case of alienation of the
title constituting it. In default or
the parties, either by property by the owner, and to be
deficiency of such title, the New necessary proofs (578).
• act inter vivos as in contract indemnified for damages caused to
Civil Code governs (565). 5. To make useful improvements
or donation; or it by the latter (581).
or expenses for pleasure without
• act mortis causa as in a last right of compensation, and to
will and testament. remove the improvements
provided no damage is caused to
the property in usufruct.
6. To set-off the improvements
against any damage the
usufructuary may have caused to
the property.

USUFRUCT (B)
OBLIGATIONS OF USUFRUCTUARY EXTINGUISHMENT OF USUFRUCTUARY
A. Those before the usufruct begins:

C. Those at the termination of the A. Usufruct is extinguished by 6. Termination of the right of the
1. To make an inventory of the usufruct: (603): person constituting the usufruct,
property and to give security for the as when he loses ownership of the
fulfillment of his obligations (583), but 1. Death of the usufructuary, unless a property in a court case.
1. To return the property in
may be excused when no one will be contrary intention appears as when
usufruct unless the the duration of the usufruct is
injured thereby (585). 7. Acquisitive prescription by third
usufructuary has a right of dependent on the age of a third person adverse to the owner (1106
The giving of security is not required retention (612).
of the donor who reserves the usufruct person for whose benefit the & 1117).
of the property and the parents who usufruct was constituted in favor
are usufructuries of their
2. To pay legal interest on the of several persons, it is
unemanicipated children’s property expenses for extraordinary extinguished at the end of the last
(584). repairs made, and the proper usufructuary (611) B. Other causes of extinguishment
interest on taxes paid, by the of usufruct:
B. Those during the usufruct: owner (594 & 597). 2. Expiration of the period for which
the usufruct was constituted, or 1. Annulment or rescission of the
1. To take care of the property as a the fulfillment of any resolutory contract creating the usufruct.
good father of the family (589). condition provided in the title
2. To answer for damages to the creating the usufruct. The period 2. Mutual consent by the owner and
property caused by a person to of usufruct in favor of a town, the usufructuary to rescind such
whom he has alienated or leased corporation, or association shall contract.
his right of usufruct (590). not exceed fifty years (605).
3. To make ordinary repairs, and to 3. Emancipation of child, which
notify the owner of urgent 3. Merger of the usufruct and terminates parental usufruct.
extraordinary repairs which shall ownership of the property in the
be at the latter’s expense (592 & same person.
593).
4. To permit works and 4. Renunciation of the usufruct by
improvements by the owner on the usufructuary, but not by his
the property not prejudicial to bad use of the property in usufruct
the usufruct (595). (610).
5. To pay annual taxes and charges
on the fruits, and to pay interest 5. Total loss of the property in
on taxes on capital when such usufruct. If the loss is partial, the
taxes have been paid by the right of usufruct continues on the
owner (596 & 597). remaining part (604); as when the
6. To notify the owner of any usufruct is on a house and lot and
prejudicial act committed by the house is destroyed, the
third persons (601); usfructuary has the right to make
7. To pay for court expenses and use of the land and the materials
costs regarding the usufruct (607).
(602).

ACCESSION CONTINUA INDUSTRIAL
DISCRETA CONTINUA (IMMOVABLES) CONTINUA (MOVABLES)
Accession continua involving
Accession discreta gives the owner immovable properties and are of 2 (c) Natural Change of River Course Accession continua involving movable
the right to receive the following fruits kinds: – abandoned river beds belongs properties are of 3 kinds:
and income from the property (Arts to the owner whose land is now
441-442): 1. Accession continua industrial covered by the new river bed in 1. Adjunction or conjunction when 2
1. Natural fruits – spontaneous proportion to area lost, but or more movables are joined, as in
products of soil and General rule: whatever is built, owners of the lands adjoining the accessory to principal
young/other products of planted, or sown on the land and now dry bed may acquire the (Art 466-471).
animal; improvements or repairs thereon same by paying its value (Art.
2. Industrial Fruits – produced belongs to the owner of the land. The 461). The new river bed is of 2. Mixture of solids called
by lands through cultivation disputable presumption is that all works, public dominion belonging to commixtion, and mixture of liquid
or labor; sowing or planting were made by the the State (Art. 462). called confusion (Arts 472-473).
3. Civil fruits – rents of owner at his expense (Art. 445-446).
buildings/lands, perpetual/l (d) Portion of land – owner retains 3. Specifications in painting or
ife annuities and similar Specific rules for both landowner and ownership of portion isolated or sculpting (Art. 474).
incomes builder, sower are both in good faith or separated from his estate by
bath faith or only one are on the next page current of river dividing into
The above fruits belongs to the owner, (Arts. 447, 448, 449-452, 453 & 454) branches (Art. 463).
except in the ff. instances:
(a) When the possessor, than the 2. Accession natural (e) Formation of island – islands
owner, is in good faith before it is formed on seas, lakes and
legally interrupted (Art 546); (a) Alluvium - (natural water current) navigable river belongs to State
(b) In usufruct, the fruits and income accretion received by river bank (Art. 464); island formed in non-
belong to the usufructuary gradually from current of waters navigable river belongs to owner
(c) In lease of urban land, the natural belongs to owner of land of nearest bank, or if in the
fruits belong to the lessee while adjoining the bank (Art. 457); land middle thereof to owners of both
the owner gets the rentals (Arts left dry by natural decrease of banks and to be divided
1680 & 1654); waters in ponds or lagoons longitudinally (Art. 465).
(d) In pledge, the pledgee has the belongs to the State (Art. 458)
right to the fruits, income,
dividends, or interest (b) Avulsion – (flood) owner of the
(e) In antichresis, the creditor has land from which portion is
right to the fruits of mortgaged transferred to another’s land by
property to be applied to the force of current of river, creek, or
payment of the interest and torrent, may recover same within
principal 2 years (Art 459); owner of trees
uprooted and carried out to
The recipient is obliged to pay the another’s land, may claim 6
expenses of 3rd persons in the months but must pay expenses.
production, gathering and
preservation of the fruits

ACCESSION CONTINUA INDUSTRIAL
ARTICLE 448 ARTICLE 449 to 452 ARTICLE 453 ARTICLE 454, 457
LAND OWNER (LO) Good Faith Good Faith Bad Faith Bad Faith
1. Has option to appropriate 1. Has option to appropriate 1. Same in Art. 448 1. May become owner but
what was built, planted, or what was built, planted, or must pay value of work,
sown, after indemnifying sown with obligation to pay LO is in bad faith if he knew planting, or sowing.
the necessary expenses; only necessary expenses for and did not oppose the act of
the preservation of the land. building, planting or sowing. 2. To pay damages also.
2. Or to obliged B/P to pay 2. Or to demand removal or
price of land; demolition of what was
S to pay proper rent built, planted, or sown at
BPS expense
3. May compel BPS to 3. Or to compel BP to pay price
remove what was built, of land, even if the value of
planted, or sown, if the improvements and S the
latter fail or refuse to pay proper rent. Always entitled
price of land or pay rent to damages
BUILDER PLANTER Good Faith Bad Faith Bad Faith Good Faith
SOWER (BPS)
1. If LO choose to appropriate, 1. Loses what is built, planted, 1. Same in Art. 448 1. Has priority option to
BPS may retain works, sown, without right to remove, works, planting
planting or sowing until indemnity. The bad faith cancel each or sowing; whether or not
indemnified, but must other injury is cost thereto.
account for fruits 2. To be reimbursed only for
necessary expenses of 2. With right to be
2. BP cannot be obliged to buy preservation of land. indemnified for damages.
land if value considerably
more than that of
works/trees
3. Hence, BP shall pay rent

provided LO did not choose
to appropriate (court will fix
terms of lease if parties
cannot agree thereon).

ARTICLE 455, New Civil Code
Owner of the Material (OM); Builder Planter Sower (BPS); Land Owner (LO);
1 2 3 4 5 6 7
OM OM - Bad Faith OM - Bad Faith OM - Bad Faith OM - Good Faith OM - Good Faith OM - Bad Faith
BPS BPS – BF/GF BPS - Bad Faith BPS – Good Faith BPS - Bad Faith BPS – Good Faith BPS - Bad Faith
LO LO – BF/GF LO - Bad Faith LO – Good Faith LO – Good Faith LO - Bad Faith LO – Good Faith
1. BPS to pay OM, and If all parties in 1. OM forfeits 1. BPS is liable to 1. LO to pay 1. LO may:
under Art. 488: BF, as if they are material, and is OM for value of value of § Appropriate work,
in good faith. liable to BPS materials plus material plus reimbursing only
§ LO may appropriate and/or LO for damages damages to necessary
work after paying Hence, as in consequential OM; expenses for
necessary expenses same in column damages; 2. If BPS is insolvent, preservation of
§ Or LO may oblige no. 2 LO is liable 2. BPS and OM land,
BPS to buy the land 2. Then, Art. 448 subsidiarily to may remove § Or demand
or pay rent applies as between OM for value of work even if removal of works
§ If BPS refuses to BPS and LO who material not for injury is § Or compel BPS to
buy, LO may are in GF damages; caused, and buy the land
demand removal of are entitled to unless
work 3. In either case, LO damages considerably more
may: in value, or to pay
2. If BPS is insolvent, rent;
§ Appropriate
§ LO shall pay work reimbursing 2. In any of the vase,
subsidiarily to OM only necessary LO has right to
and then: expenses for damages;
§ LO may appropriate preservation of
work, without need land, 3. OM and BPS being
to pay BPS both in BF, it is as if
§ Or LO may oblige § Or demand they are in GF to
BPS to pay price of removal of work, each other, hence
land or pay rent OM is entitled to
§ Or compel BPS to reimbursement
pay price of land from BPS
or pay rent.

ACCESSION WITH RESPECT TO MOVABLE PROPERTY
ARTICLE 467-468 ARTICLE 466, 469 ARTICLE 470 ARTICLE 472-473 ARTICLE 471, 474
PRINCIPAL Both owners of principal Owner of principal is in Bad Mixture/confusion of 2 A. Owner of material did not
and accessory in Good Faith Faith things by will of both, consent
1. That to which or only one, owner/s in
accessory is united as 1. If 2 things united from a If things not seperable Good Faith 1. May demand delivery of thing
an ornament or for its single object, owner of without injury to them, equal in kind and value as the
use or perfection principal acquires owners must have If things not separable material
accessory but must pay the proportionate rights based on without injury to them,
2. Of greater value value of accessory value of things owners have 2. Or ask for payment of price of
mixed/confused proportionate rights based material;
3. Of greater volume 2. But any of the owner may on value of things
demand separation of Owner of accessory – Bad mixed/confused. 3. Entitled damages in either case.
4. Of greater merit (e.g. things united, if it can be Faith
painting over canvass) done without injury; B. Owner of material in GF
1. He loses accessory;
Owner who caused
3. If accessory more precious 2. And liable for 1. If material more
than principal, its owner damages mixture/ confusion in precious/valuable, may
ACCESSORY may demand separation Bad Faith appropriate new thing after
even in if injury is caused paying value of work
That which is united to to the principal Both owners in Bad Faith
principal as an ornament or 1. Loses what he owns; 2. Or demand payment for the
for its use or perfection. As if both in GF, Arts. 466 and material.
469 apply 2. And liable for
damages C. User of material in GF
Shall appropriate new thing, but

may pay value of material
D. User of material in BF
Owner of material may appropriate

new thing without paying anything;
Or demand from user payment for

the material plus damages
Owner of material cannot

appropriate if, for artistic or scientific
reason, the new thing is considerably
more valuable than material

EASEMENT AND SERVITUDE
CONCEPT KINDS ACQUISITION
A. Meaning of easement/servitude 1. Continuous easement vs. Discontinuous easement Easement/Servitude may be acquired
Incessant without the Used at intervals and depends by:
(a) It is an encumbrance upon an Intervention or act of man on the act of man (Art. 615).
immovable called the dominant 1. Title, that is, by judicial acts like
estate – belonging to another person 2. Apparent easement vs. Non-apparent easement law, donation, contract, will (Art.
(easement of common law, Art. 613) With external signs Without external signs (Art. 615) 620). This applies to all
(b) Or in favor of a community or a combinations: C/A, C/NA, D/A,
person to whom the servient estate D/NA.
does not belong (servitude of civil (Combination: C/A, C/NA, D/A, D/NA)
law, Art. 614) 2. Prescription of 10 years through
adverse possession or frequent
3. Positive easement vs. Negative easement exercises (Art. 620). This applies
B. Qualities of easement/servitude Allowing something to be Prohibiting the doing of something only to C/A, either:
Done or doing it himself something which can be done (a) positive from the day the dominant
1. Inseparability. Easements are If there was no easement (Art. 616) owner begins to exercise it, eg party
inseparable from the estate to which wall
they actively or passively belong (b) negative from the day in which
(Art. 617); they are transmissible, 4. Legal easement vs. Voluntary easement notarial prohibition is made on
cannot be alienated or mortgaged Established by law Established by will of the owners servient owner, eg not to obstruct
independently of the estate, or passage of light.
assigned to another immovable.
2. Indivisibility. Partition of either the 5. Public easement vs. Private easement 3. Deed of recognition by servient
servient or dominant estate between Vested in the public at large Vested in a determinate owner eg right of way (Art 623).
two or more persons does not affect Or in some class indeterminate individual or certain persons
the existence of the easement individuals 4. Final judgment eg court declares
existence in an action filed for the
purpose (Art. 623).
5. Apparent sign establisghed by

owner of two adjoining estates.
Then one estate is alienated and the
easement continues actively or
passively unless at time of division,
it is provided that the easement will
cease or the sign removed before
execution of deed (Art 624).

EASEMENT AND SERVITUDE
RIGHTS OF OWNER OBLIGATIONS OF OWNERS EXTINGUISHMENT OF EASEMENT
A. Dominant Owner A. Dominant Owner Easement/servitude are extinguished are:
1. Exercise all rights necessary for the use 1. Cannot alter easement or make it more 1. Merger in one person of the ownership of
of the easement (Art. 625), eg right to burdensome to the servient estate (Art. 627). both dominant and servient estates.
draw water must have passage, but
only for the benefit of the immovable 2. Notify the servient owner of work necessary 2. Non-use for 10 years. Count:
originally contemplated (Art. 626). for the use and preservation of the easement Discontinuous Easement: from day not used,
(Art. 627) Continuous Easement: from day an act contrary
2. Make on the servient estate all to easement happens
necessary works for the use and 3. Do the work at most convenient time and
preservation of the easement (Art. 627) manner to cause least inconvenience to 3. Dominant and/or servient estates fall into
but without altering it or making it servient owner (Art. 627) condition wherein the easement cannot
more burdensome, eg to pave the road be used, eg flood permanently
in the right of way. It is necessary to 4. Contribute to the expenses of maintenance; if submerging the land. If the easement is
notify the servient owner, and perform more than one dominant owner, contribution revived, it has not yet prescribed.
the work at the most convenient time must be proportionate to benefits (Art. 628).
and manner. 4. Expiration of term or fulfillment of
condition, in conditional or temporary
3. Renounce the easement if dominant B. Servient Owner easement.
owner desires to be exempted from
contributing to necessary expenses (Art. 1. Not impair the use of the easement (Art. 5. Renunciation by dominant owner
628). 629).
6. Redemption agreed upon by dominant
B. Servient Owner 2. Contribute to necessary expenses if servient and servient owners, such as payment of
owner also uses the easement (Art. 628). certain sum, doing of an act, or other
1. Retain ownership of the servient prestation.
estate or portion thereof over which
casement is constituted (Art. 630) In co-ownership, there is no prescription for as
long as one of the co-owner exercises the
2. Make use of the easement unless easement
there is agreement to the contrary (Art. 633).
(Art. 628).
3. Change place or manner of use of

easement, provided it be equally
convenient (Art. 629).

LEGAL EASEMENTS (A)
RELATING TO WATER RIGHT OF WAY PARTY WALL LIGHT AND VIEW
1. Natural drainage Requisites for easements of right of way Meaning of party wall Easement of light
Servient estate to receive water Right to admit light from the
1. Owner of enclosed immovable or one with It is a common wall separating two
naturally flowing from upper neighboring estate by virtue of
real right to it. estates, built by common agreement
dominant estate (Art 637). the opening of a window or the
at dividing line and occupying
2. No adequate outlet to public highway. making of an opening (Art. 667).
equal portion of the estates (Art.
2. Riparian banks
3. Right of way absolutely necessary and not 658).The party wall is co-owned or
3 meters in entire length of banks, for Easement of view
mere convenience. part-owned.
navigation, floatage, fishing and Right to make openings or
salvage (Art. 638). Indemnity is due 4. Isolation not due to owner’s own act (Art. windows, to enjoy the view
Contrary exterior signs
if land is private. 649). through the estate of another and
Some exterior signs that is contrary power to prevent all
5. Established at point least prejudicial to
3. Dam to the existence off an easement of constructions which would
servient estate, that is, shortest and least
Abutment on private land the party wall are: obstruct or make difficult such
damaging.
indemnity to the landowner. 1. There is window or opening in view (Art 670-673).
6. Payment of proper indemnity, that is: value the wall.
4. Drawing water and of land if easement is continuous and 2. Entire wall is built within the Party wall.
watering of animals permanent, damages if not (Art. 650). boundaires of one estate No part-owner may, without
Only for public use of town or (Art.660). consent of the other, open
Width of the right of way must be sufficient to
villages. Servient owner to allow through the party wall any
the needs of dominant estate, and may be
passage but be indemnified. (Art 640- Right/Obligations window or aperture of any kind
changed from time to time (Art. 651)
641) (Art 667), unless through
1. Cost of repair and maintenance
If the enclosed estate was sold by the owner of prescription of 10 years (Art. 668)
is proportionate to right of use
5. Aqueduct surrounding estates, he must give right of way
(Art. 662).
To allow water for dominant estate (Art. 652). If it was by donation and not sale,
to flow through intervening estates indemnity is due to donor for the exercise of the 2. One may waive the easement to
to flow through intervening estates, right of way. If vendor’s land becomes isolated, avoid sharing in the cost, except
but with indeminity and most he may demand right of way but with if party wall supports his bldg.
convenient and least onerous way indemnity to the buyer; no indemnity is due if (Art. 662)
(Art. 642-643). If for private interest, donation (Art. 653).
3. Every owner may raise height
the easement cannot be over
Dominant estate estate to shoulder costs of party wall but at his own
building, courtyard, annexes or
necessary for repair and proportionate share of expenses (Art. 664).
outhouses, orchard or garden
taxes (Art. 654)
already existing (Art. 644). 4. Every part-owner of a party
Easement (Right of way) extinguished if: wall may use it in proportion to
1. Isolated estates is joined to estate his right in the co-ownership,
abutting public road; without interfering with the
common and respective uses of
2. The opening of new public roas gives
access to the estate (Art. 655). the other co-owners (Art. 666).

LEGAL EASEMENTS (B)
DRAINAGE OF BUILDING DISTANCES AND WORKS AGAINST NUISANCE LATERAL/SUBJACENT SUPPORT
General Rule. The owner of National Building Code. The code Every owner/ possessor of Rules for the easement
building is obliged to construct the governs the construction of works building/ land is prohibited
roof in such manner that rain and structures. Further, the owner from committing nuisance 1. No owner may make excavation
water shall fall on his own land or must take necessary protective through noise, jarring, on his land that would deprive
on street or public place, and not works or other precautions to offensive odor, smoke, heat, any adjacent land or building of
on land of his neighbor. He is avoid damage to neighboring dust, water, glare and other sufficient lateral or subjacent
obliged to collect the water falling estates. causes (Art. 682) support (Art 684).
on his own land so as not to cause
damage to the adjacent estate (Art. Rules regarding trees Factories and shops are subject 2. Any stipulation or testamentary
674). to zoning, health, police and provision allowing such
1. The planting of tall trees must other laws and regulations dangerous excavation is void
Requisites for easements. In case at least be 2 meters from the prohibiting nuisance or (Art. 685)
of a house surrounded by other dividing line. In case of shrubs, annoyance to neighborhood
house: 50 cm. In case of non- (Art. 683) 3. The easement is in favor of both
compliance, a neighbor may existing and future buildings
(1) No adequate outlet to rain demand uprooting of tree. The (Art. 686).
water. rule applies to trees growing
spontaneously (Art. 679) 4. An owner contemplating to
(2) Outlet must be at point where make such excavation must
egress is easiest 2. The owner of neighboring notify all adjacent owners (Art.
estate over which the branches 687).
(3) Conduit for drainage must be of another’s tree have spread
established may demand the cut-off of the
branches over his property. In
(4) Payment of proper indemnity case of roots penetrating into
(Art. 676). his land, the neighbor may cut
them himself insofar as within
his property (Art. 680)
3. Fruits naturally falling upon

adjacent land belong to the
owner of said land (Art. 681)

NUISCANCE/FALLING BUILDINGS & TREES
NUISANCE KINDS OF NUISANCE REMEDIES AGAINST NUISANCE NUISANCE POSING DANGER
Nuisance is anything (act, omission, Following are the kinds of nuisance, to The remedies against a public There are two provisions, which
establishment, business, condition of wit: nuisance are: are applicable to such nuisances:
property) which is:
1. Public nuisance which affects the (1) Criminal prosecution (1) If a building, wall, column or
• Injurious to public health and safety public at large or a community of any other construction is in
• Annoys or offends the senses under the Revised Penal
persons or their properties. Thus: danger of falling, the owners
• Indecent and immoral; or Code or a local ordinance;
shall be obliged to demolish it
• Obstruct or interfere with free
(a) A house constructed partly on or to from falling (Art 481).
passage in public street or body of (2) Civil action, including
water, hinders or impairs the a municipal street affects
adversely the use of that street damages; (2) When a large tree threatens to
enjoyment of life and use of
property (Art. 694). by the public; and fall in such a way as to cause
(b) An unsanitary piggery located (3) Abatement, summary and damage to persons or property,
The difference between nuisance and in a residential area emitting without judicial the owner shall be obliged to
negligence (quasi-delict in torts, Art. offensive odors and pernicious proceedings fell and remove it. If he does
2176) is not that substantial. While to the health of residents not, it shall be done at his
negligence is want of care resulting in expense (Art. 483).
liability, nuisance may cause injury Abatement is the exercise of
2. Private nuisance which affects an
regardless of the presence or absence police power which includes the
individual or a limited number of Again, there are related provisions
of care. right to destroy property
persons. in torts on quasi-delict. These are:
Examples are: regarded as a public health and
Related provision in torts on quasi-
(a) the wall of a property in danger safety, and there is accordingly (1) The proprietor of a building or
delict involves what may be
considered nuisance. Thus, Art. 2191 of collapsing on the adjoining no obligation for compensation. structure is responsible for the
provides that proprietors shall also be property owned by another damages resulting from its
responsible for damages caused, by person; On the other hand, the remedies total or partial collapse due to
among others: (b) Obstruction to the right of way against a private nuisance are the lack of necessary repairs
of a property and its residents. the same as in the case of public (Art. 2190).
“(2) By excessive smoke, which may
be harmful to persons or property; nuisance, except that criminal
3. Nuisance per se is one which is a prosecution is not allowable. (2) If such damage be the result of
nuisance at all times and under any any defect in the construction,
xxx Hence the only remedies are a
circumstances, regardless of location and the collapse happened
civil action and abatement
(4) By emanations from tubes, canals, or circumstances, such as a house within 15 years from
constructed on a public street or a without judicial proceedings completion of the structure, the
sewers, or deposits of infectious
matter, constructed without fishpond obstructing creek. (Art. 705) person suffering damages may
precautions suitable to the place” proceed only against the
4. Nuisance per accidens becomes a engineer or architect or
nuisance be reason of circumstances, contractor (Arts. 2192 & 1723).
location or surroundings.

Post Midterms
ACQUISITION OF OWNERSHIP
MODES OCCUPATION INTELLECTUAL CREATION
The principal modes are: Requisite of occupation as a mode of The persons who acquired original The present law governing copyright
1. Original modes, there being no acquiring ownership: ownership by intellectual creation are and patent is the Intellectual Property
previous or pre-existing rights of (Art. 721): Code, implemented by the Intellectual
another person, as in: 1. Object is corporeal movable; Property Office (IPO) under the
2. Susceptible of appropriation by nature 1. Author over his literary, dramatic, Department of Trade and Industry
(a) Occupation of res nullius or
3. Abandoned by or without an owner historical, legal, philosophical, (DTI).
property without owner (other
4. Seizure or subjecting it to one’s control scientific, or other works;
than belonging to the State). Patent right belongs to:
5. Intention to appropriate 2. Composer of his musical
(b) Intellectual creation of previously
6. Compliance with conditions of law composition; (1) Generally, the inventor, his
non-existing thing, as invention
3. Painter, sculptor, or other artist, on heirs, or assigns;
and design.
Examples of conditions of law are: the product of his art; (2) Jointly to the persons who
4. Scientist or technologist, or any other jointly made the invention
2. Derivative modes, presupposing pre-
1. The right to hunt to fish is regulated by person over his discovery or (3) The principal who
existing rights of another person who
special laws (Art. 715). Such objects invention. commissioned the work,
transmit or from whom ownership if
may be confiscated if caught in violation unless otherwise provided in
acquired either by:
of pertinent laws. Those persons have ownership over the contract with the inventor
(a) Law (as in accession) dominion even before their creations are (4) The employee if the invention
(b) Donation (deed w/ acceptance) 2. A domesticated animal (pet tiger) will published, copyrighted or patented is not part of his regular duties,
(c) Succession (in inheritance) pertain person who caught and kept (Art. 722). even if he uses the time,
(d) Tradition (or delivery) them, if the owner fails to claim it within Their rights over the product of their facilities and materials of the
(e) Prescription (by possession) 20 days (Art 716). But in the case of intellectual creation are called intellectual employer;
domestic animal (dog/cat), it may be property which consists of copyrights, (5) The employer if the invention
Where tradition or delivery effects the claimed by the owner even beyond 20 patents, trademarks, and service marks, is result of the employee’s
transfer or acquisition of ownership, the days industrial and lay-out designs, and performance of his regular
title is the legal basis thereof. For instance, protection of undisclosed information duties, unless the contrary is
sale is the title creating the obligation of 3. The finder of a movable must return it to (RA 8293). agreed upon.
the seller to transfer the ownership of the the owner if known. If not, the movable
thing sold to the buyer. But it is the must be deposited with the mayor who Letters and private communications in Copyright ownership belongs to:
seller’s act of delivery, which effects the shall publicly announce the finding. If writing belong to their (1) Author in this case of original
actual transfer of ownership. the owner does not appear within 6 addressee/recipient, and their contents to literary and artistic work
months from publication, the movable the writer/his heirs/ The former can keep (2) Co-authors in case of work of joint
Tradition may be: shall be awarded to the finder (Art. 718). or dispose of these material things but not authorship;
(1) real, as when there is physical publish their contents unless with consent (3) Author-employee if the work is not
delivery or material transfer of of the latter or authorized by the court for part of his regular duties even if he
possession of the thing public good or interest (Art. 723). uses the time, facilities and
(2) constructive, consisting of facts materials of the employer;
indicative of the transfer as in (4) Employer of author if the work is
symbolic tradition (of keys to the result of the author-employee’s
car); or performance of his regular duties;
(3) quasi tradition, as in consenting to (5) Author but his work belongs to
the grantee’s use of a right. principal who commissions and
pays for it.

DONATION
NATURE KINDS AS TO CONSIDERATION KINDS AS TO TIME OF EFFECT/EFFICTIVITY
A. Concept 1. Pure and Simple. When the cause of the donation is pure 1. Inter vivos. Donation intended by donor to take
Donation is an act/contract of liberality of the donor in consideration of the donee’s merit effct during his lifetime, even if delivery be
liberality whereby the donor disposes (#726). after his death (#729) or even if subject to
gratuitously or right in favour of the Examples: Donee is donor’s child; donee passes the bar suspensive and resolutory conditions (#730,
donee, who accepts it (#725). examination 731).
Donation is perfected from the
moment the donor knows of the 2. Remuneratory or compensatory. When the donation is Examples: Donor transders title but reserves
donee’s acceptance (#734). given out of gratitude for the services rendered by the donee usufruct or beneficial ownership; donee given
to the donor, provided the services do not constitute a title but with limited right of disposition and
B. Requisites of donation demandable or renounced debt (#726), encumbering; or donee’s right to fruits begin
1. Capacity to make the donation. Examples: Donee saved the life of donor’s childe, lawyer only after donor’s death
2. Intent to make the donation. handled pro bono case of the donor
3. Delivery, actual or constructive 2. Mortis causa. Donation which takes effect
of thing or right donated 3. Modal. When the donation imposes on the donee a burden upon the death of the donor and is governed by
4. Acceptance of donation. or services to be performed that is less than the value of the the rules of succession (#728).
5. Compliance with prescribed thing or right donated (#726). Examples: Donation to pass title only by and
form. Examples: The donor gives P100,000 provided the donee because of donor’s death; donor reserves right
spends P20,00 for the funeral expenses of donor when the to dispose and enjoy the property or to revoke
C. Extent of donation latter die; value of thing sold exceeds the price paid. the donation at any time or for any reason
before his death; no actual conveyance and
Donation may comprehend all present 4. Onerous. When consideration for which the donation is deed of donation to be registered only after
properties, or part thereof, provided made is purely onerous or equal to the value of the thing or death of donor.
donor reserves sufficient means for his right donated (#733). This kind is governed by the rules on
support and of relatives entitled by law obligations and contracts. 3. Propter nuptias. Donation by reason of and in
to his support. Otherwise, it is subject Example: Donor gives land worth P100,000 provided the considetration marriage, before its celebration,
to reduction (#750). donee will deliver farm produce of the same value to the in favour of one or both the future spouses
doner’s children (#82, Family Code).
Donation cannot comprehend future
property (#751) Illegal or impossible condition in simple or resolutory donation Donations may also be conditional when subject to
shall be considered as not imposed (#727). suspensive and resolutory conditions (#730, 731),
Example: provided the donee disown his mother-in-law. or with a term when subject to a period whether
suspensive or resolutory (#730).

DONOR AND DONEE
CAPACITY AND RIGHTS OF CAPACITY AND OBLIGATIONS OF

FORMS OF DONATION VOID DONATIONS
DONOR DONOR
A. Capacity to be donor A. Capacity to be donee A. Movable property A. Void donation

All those who are not specially disqualified
All persons who may contract and dispose by law therefor may accept donations 1. Oral donation, requiring the 1. Made between persons who were
of their property may make a donation (#738). simultaneous delivery of the thing guilty of adultery or concubinage at
(#735). or of the document representing the time of donation. Spouse of donor or
The donor’s capacity shall determined as B. Incapacity right. donee may file action for declaration
of the time of the making, and not at the of nullity, only preponderance of
perfection, of the donation; subsequent 1. No person may receive, by way of 2. Written donation and acceptance evidence required.
incapacity of donor shall not affect donation, more than he may receive by when the value of the movable
validity of donation (#737). will, otherwise donation is inofficious exceeds P5,000, otherwise donation 2. Made between persons found guilty
in the excess. is void (#748). of the same criminal offense, in
B. Incapacity 2. Incapacity to succeed by will shall be consideration thereof.
applicable to donations inter vivos B. Immovable property
1. Guardians and trustee cannot donate (#740, see #1027 for specific instance) 3. Made to a public officer or his wife,
the property entrusted to them (#736). 1. To be valid, donation shall be in a descendants and ascendants by reason
2. Person has neither ownership nor real C. Requirements for acceptance public document specifying the of his office (#739).
right that he can transfer to another property and the value of the
(as in #744 in relation to #712). 1. Acceptance shall be made during the charges imposed on the donee. 4. Made to incapacitated persons,
3. No person may donate more than he lifetime of the donor and donee. 2. Acceptance by donee my be in the through simulated under the guise of
may give by will, otherwise donation (#746). same deed of donation or in another contract or through a person
is inofficious in the excess (#752). separate public document, which who is interposed (#743).
2. Donee shall accept the donation shall be done during the lifetime of
C. Rights and Obligations of Donor personally or through person with the donor. B. Reversion, valid and void
special or general and sufficient power 3. If the acceptance is in a separate
1. May reserve the right to dispose of (#745). instrument, donor shall be notified A donor may validly provide for reversion
thing donated or some amount or thereof in an authentic form and this whereby the property donated shall return
income thereof (#755). 3. Minors and others who cannot enter step sall be noted in both instrument to him under any case and circumstance.
into a contract, shall have acceptance (#749).
2. May donate the naked ownership to done through parents or legal Provision for reversion may be in favour
one person and the usufruct to another representatives (#741). C. Donation mortis causa of other persons, provided they are alive at
provided donees are alive (#756). the time of donation; otherwise the
4. Conceived and unborn children shall Such donation, which do not comply provision is void but the donation remains
3. May provide for reversion of property have donation accepted by persons with the formalities of a will, cannot valid (#757).
on his favour for any case and who would legally represented them if transfer ownership.
circumstance (#757). they were already born (#742).
4. Donor is obliget the warrant the thing

donated when donation is onerous in
which case he is liable for eviction or
hidden defects in case of bad faith on
his part (#754).

D. Rights/Obligations
1. In donation to husband and wife jointly,

there shall be accretion if contrary is
not provided;
In donation to several persons jointly on
equal shares, no right of accretion
unless so provided (#753).
2. Donee is subrogated to all the rights

and actions which in case or eviction
would pertain to the donor (#754).
3. Donee shall pay donor’s debt

previously contracted when donation
imposes such obligation; in no case
shall donee be responsible for debts
exceeding the value of the property
donated, unless contrary intention
clearly appears (#758).
4. If no stipulation, donee shall not be

responsible for payment of debt except
when donation was made in fraud of
creditor, which fraud is presumed when
donor did not reserve sufficient
property to pay his debts prior to the
donation (#759).

REVOCATION AND REDUCTION
REVOCATION REDUCTION
A. Birth, appearance or adoption C. Ingratitude A. Birth, appearance or adoption D. Fraud of creditor

Same as A under Revocation
Donation inter vivos by person with no Donor may revoke donation when: Donation is presumed to be in fraud of
children or descendants, whether 1. Donee commit some offense against B. Inofficiousness creditor when at the time thereof, the
legitimate, legitimated or illegitimate, may person, honor or property, wife or donor did not reserve sufficient property
be revoked or reduced when the: children of donor. Inofficious donations shall be reduced as to pay his debt prior to the donation
to the excess, bearing in mind donor’s (#759).
1. Donor should have any such 2. Donee imputes to donor any criminal estate at time of death (#771, see also
children, after donation, even offenses or moral turpitude, even if #911/#912 on Succession). Those who Action shall be brought within in 4 years
though posthumous. proven unless committed against have right to legitime, their heirs and from donation or creditor’s knowledge
2. Donor’s child whom he believed donee, his wife or children. successors may ask for reduction; they thereof; transmissible to creditor’s heiri or
to be dead at time of donation, cannot, during lifetime of donor, renounce successor-in-interest.
should turn out to be living. 3. Donee refuses to support donor when the right to ask for reduction (#772).
3. Donor later adopt a child (#760). legally or morally bound (#765). Property affected shall be returned by
In case of several donations and donee for the benefit of creditor, subject to
Subject of revocation or reduction is the Action not renounced in advance, disposable portion not sufficient more right of third parties. Donee is liable for
excess over the portion that may be freely prescribes in 1 year, transmissible if sufficient, more recent donation shall be damages in case of bad faith and inability
disposed by will, at time of birth, instated by donor (#769, 770). reduced with regard to the excess (#773). to return the property.
appearance or adoption (#761).
C. Failure to reserve
Property affected shall be returned, or its
value at the time of the donation (#762). Donor shall reserve in usufruct or full
ownership, sufficient means for his
Action prescribes in 4 years, cannot be support and all relatives entitled at the
renounced and is transmissible to donor’s time of donation to be supported by him
children/descendants (#763). (#750). Otherwise, donation to be reduced
to the extent needed therefor.
B. Non-compliance with conditions
Action for reduction may be filed at any
When conditions imposed by donor is not time by donor or the relatives during
complied with by donee, donor may lifetime of donor. Action is not
demand return of the property; alienation transmissible since duty to give and
and mortgage by donee are void, subject receive support is personal in nature.
to protection of third party under Mortage
Law and Land Registration laws. Action
prescribes after 4 years from non-
compliance, transmissible to donor’s heirs,
and may be exercised against donee’s
heirs (#764).

REGISTRY OF DEEDS
Meaning of Registration Effect of Registration Register of Deeds
Meaning. Certificate of title. (d) Not prejudice a third party with The office of the Register of Deeds is
It is the inscription or annotation of acts A certificate of title covering a land, a better right, that is, one who under the Land Registration Authority
and contracts relating to ownership and whether an OCT or TCT, when registered acquired in good faith a right (LRA). There is one in every province and
other real rights over the immovable has the attributes if indefeasibility and over an immovable prior to not every city. It is the public repository of
properties. (Art. 708). incontrovertibility, imprescriptibility another person. records of instruments affecting registered
and not subject to collateral attack, and the and unregistered lands and chattel
Purpose. presumption of regularity in its issuance. Double sale. mortgages.
Registration has a two-fold purpose: Once a title is registered, the owner may A subsequent buyer of a property who
(a) to give notice of the true status of rest secure of not losing his land. does not know of an earlier purchase Function.
the property, including any lien thereof by another person, but who The function of the Register of Deeds
or encumbrance thereon; Constructive notice. registers ahead in good faith has a relative to the registration of deeds,
(b) to afford protection to a person When an instrument or conveyance such better right than that other person. instruments, liens or encumbrances, and
who relies on such notice. as sale or mortgage of land is properly the like is ministerial in nature. So long
registered and inscribed, it is constructive But a person who has actual knowledge as in his opinion theses are registrable, he
The general rule is that every person notice thereof to all persons. of the act, contract, or deed – such as the must register them.
dealing with registered land may safely A person cannot claim not to know of prior purchase – affecting the registered He has no personal judgment or discretion
rely on the correctness of the certificate to such instrument or conveyance much less title before he acquired the right to the whether an instrument is invalid or illegal
determine the legal condition of the of the certificate of title or of the property is bound by and may be for that it is for the court to decide.
property. registered lien and encumbrance. prejudiced by such act, contract, or deed.
Even if he actually does not know of them, Denial of Registration.
Exceptions are when he is aware of under the law he is deemed aware Sale and mortgage. The Register of Deeds may deny
circumstances that would make a prudent thereof and is bound thereby. Unlike double sale, a prior unrecorded sale registration in very exceptional cases
man on guard, or when he buys the land of a property is preferred over a registered where:
from an agent and not the registered Non-applicability. mortgage right thereon. This is because (a) The instrument is a private
owner. Registration does: the original owner had already parted with document, that is, not notarized;
(a) Not vest title over immovable where his ownership and no longer had right of (b) The voluntary instrument bears
When registered. the person does not have a rightful disposal of the property as to mortgage it. an infirmity on its face, as when
An instrument on titled land is deemed claim thereon, because registration is the sale is of the whole conjugal
registered when it is entered in the not a mode to acquire ownership; property but only 1 spouse had
(Electronic) Primary Entry Book or signed it;
EPEB-RL, even if no annotation thereof (b) Not validate or cure defective (c) More than 1 copy of the owner’s
has been recorded in the certificate of title instrument, ad where the deed is duplicate were issued to the co-
provided the requirements for entry and forged, fictitious or simulated, or the owners, not all such copies were
registration including payment of required certificate of title was fraudulently presented with the instrument to
fees hae been complied with. obtained or issued; be registered.
Practical Application: (c) Not bind property where the

- Mirror registration is legally defective, as
- Annotation of the property: deemed when the transaction involves
notice to the registered land but is registered under
Act 3344, which is the system of
registration for unregistered land.

QUIETING OF TITLE
CLOUD ON TITLE ACTION TO QUIET TITLE SUITOR’S OBLIGATION
Meaning. The legal term “cloud” means Nature. Prescription. The plaintiff must return to the
doubt or uncertainty. The action to quiet title is a special The action to quiet title is imprescriptible defendant all benefits he may have
proceeding. if the plaintiff or suitor is possession of the received from the latter, reimburse him
There is cloud when: It is quasi in rem which unlike a suit in property. If not (in possession), the for expenses redounded to the plaintiff’s
rem, is binding only between the parties prescriptive period is 10 or 30 years benefit (Art. 479).
(a) There is an instrument record, claim, It is not a suit in personam in which depending on ordinary or extraordinary
encumbrance, or proceeding which is jurisdiction over the person of defendant is prescription. To be subtracted therefrom would be
apparently valid or effective but required. any damage suffered by the plaintiff by
(b) is in truth and in fact, invalid, Property affected. reason of the cloud and whatever benefits
ineffective, voidable or terminated, or Purpose. The property to which the action to quiet may have been received by the defendant
has been barred by prescription Under Article 476 of the NCC, the action title is applicable is: by the property.
has both a remedial and preventive
The cloud must appear to be valid and purpose, to wit: (a) Real property or any right therein,
effective. If the instrument is obviously or such as usufruct, servitude, lease or
on its face invalid or ineffective, as when (a) To remove a cloud: mortgage of immovable; and
the consideration in a deed of sale illegal “Whenever there is a cloud on title to
or criminal, then no cloud exists. real property or any interest therein, (b) Certain personal property which
by reason of any instrument, record, partake of the nature of real
Examples. claim, encumbrance, or proceeding eriproperty or require registration,
There is a cloud on title when the which is apparently valid or effective, such as vessels (PCG) and motor
following exists: voidable or unenforceable and may be vehicles (LTO).
(a) Sale of land by agent who has no prejudicial to said title. An action may
written authority from the be brought to remove such cloud or to The plaintiff or suitor need not be in
owner; quiet the title” possession of the property but must have
(b) Forged or falsified contract; legal or equitable title thereto, or
absolute fictitious or simulated (b) To prevent a cloud: interest in the immovable.
contract of sale; “An action may also be brought to
(c) Voidable contract due to lack of prevent a cloud from being cast upon
consent, or consent by mistake, title or any interest therein.”
violence, intimidation, undue
influence, or fraud. Under Art 478, there may also be an
action to quiet title or remove a cloud
These examples may prima facie look when the contract, instrument or other
valid and effective but are actually not obligation has been extinguished or
based on their defects terminated or barred by prescription.

PRESCRIPTION
PRESCRIPTION PRESCRIPTION OF OWNERSHIP AND REAL RIGHTS PRESCRIPTION OF ACTIONS

Concept.
A mode of acquiring ownership and other Kinds of prescription: Interruption of possession for the Actions
real rights (acquisitive prescription); purpose of prescription: Prescribes by mere lapse of time fixed by
and losing rights and action (extinctive 1. Ordinary prescription which law. The action must be brought within a
prescription). requires possession in good faith 1. Natural certain period of time (prescriptive period/
and with just title for the time When for any cause possession ceases for period of limitation (1139).
Subjects. fixed by law (1117). Possession more than 1 year. In such case, the
All things within the commerce of man must be in the concept of owner, previous possession is not revived or Prescriptive periods (1141-1147)
are susceptible of prescription, unless public, peaceful and counted in favor of the possession. If None Right of way
otherwise provided (as in registered land). uninterrupted, not by mere cessation is for 1 year or less, time Abatement of nuisance
tolerance or through a crime elapsed is counted in favor of prescription. 30 years Real action over an
Property of the State or any of its (1118-1119). immovable
subdivisions, not patrimonial in character, 2. Extraordinary prescription when 2. Civil 10 years Mortgage action
shall not be subject of prescription possession is without good faith Judicial summons to the possessor. There
(1113) or just title is no interruption if the summons is void, - Upon written contract
plaintiff offered desistance, or possessor is - Obligations arising from law
Patrimonial property is owned by the State GOOD FAITH absolved in the suit (1123) - Court judgment
or its subdivision in their propriety Consist in the reasonable belief that the
function. To be subject of prescription, person from whom he received the thing 3. Express or tacit recognition (Other Article:
such patrimonial property must be was the owner thereof, and could transmit By possessor of owner’s right to the Reconveyance based on
declared no longer need for public use and his ownership (1127). property (1125), or renunciation by implied constructive trust)
service. JUST TITLE possessor of his right. 6 years Oral Contract
When possession was acquired through Quasi Contract
Exemptions. modes recognized by law (sale or Prescription vs. Laches: 4 years Injury to rights
Prescription does not run between inheritance) to acquired ownership and Prescription has definite period fixed by Quasi Delict
husband and wife, even if there is other real rights, but the grantor was not law. Laches depends on the degree of Rescission/Annulment of
separation of property, nor between the owner could not transmit any rights negligence, inaction or omission called contract
parents and minor/insane children, nor (1129-1131) upon by the circumstances. Thus, a
between guardian and ward (1109). registered or titled property is 1 year Forcible entry
Period for acquisition: imprescriptible; but laches may prevent Illegal Detainer
But prescription, acquisitive and the recovery of its possession by the Defamation
extinctive, runs in favor of or against a 1. Movable owner if he is guilty of inaction for an
married woman (1110). 4 years with good faith & just title inaction for an unreasonable length of Time for prescription starts from accrual
8 years if without time. or the day the action may be brought
2. Immovable (1150). Without prejudice to special laws
10 years with good faith & just title
30 years if without Interruption of prescription periods:
1. Suit filed in court
2. Extrajudicial demand by creditor
3. Acknowledgement of debt by
debtor

Property: Concept/Qualities Classifications Importance of Classification

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PROPERTY

CONCEPT/QUALITIES CLASSIFICATIONS IMPORTANCE OF CLASSIFICATION

Encoded and Compiled by NAPA 1

ACCORDING TO NATURE/MOBILITY ACCORDING TO OWNERSHIP

REAL/IMMOVABLES PERSONAL/MOVABLES MIXED/ PROPERTY OF PATRIMONIAL PROPERTY OF

Encoded and Compiled by NAPA 2

CONCEPTS/RIGHTS/RESPONSIBILITIES RECOVERY OF POSSESSION/ OWNERSHIP

Encoded and Compiled by NAPA 3

Encoded and Compiled by NAPA 4

Encoded and Compiled by NAPA 5

POSSESSION IN GOOD FAITH RIGHTS/REMEDIES OF POSSESSION

Encoded and Compiled by NAPA 6

Encoded and Compiled by NAPA 7

Encoded and Compiled by NAPA 8

A. Those before the usufruct begins:

Encoded and Compiled by NAPA 9

Encoded and Compiled by NAPA 10

3. Hence, BP shall pay rent

Encoded and Compiled by NAPA 11

Encoded and Compiled by NAPA 12

Shall appropriate new thing, but

Owner of material may appropriate

Or demand from user payment for

Owner of material cannot

Encoded and Compiled by NAPA 13

5. Apparent sign establisghed by

Encoded and Compiled by NAPA 14

RIGHTS OF OWNER OBLIGATIONS OF OWNERS EXTINGUISHMENT OF EASEMENT

A. Dominant Owner A. Dominant Owner Easement/servitude are extinguished are:

3. Change place or manner of use of

Encoded and Compiled by NAPA 15

Encoded and Compiled by NAPA 16

DRAINAGE OF BUILDING DISTANCES AND WORKS AGAINST NUISANCE LATERAL/SUBJACENT SUPPORT

3. Fruits naturally falling upon

Encoded and Compiled by NAPA 17

NUISANCE KINDS OF NUISANCE REMEDIES AGAINST NUISANCE NUISANCE POSING DANGER

Encoded and Compiled by NAPA 18

Encoded and Compiled by NAPA 19

NATURE KINDS AS TO CONSIDERATION KINDS AS TO TIME OF EFFECT/EFFICTIVITY

Encoded and Compiled by NAPA 20

CAPACITY AND RIGHTS OF CAPACITY AND OBLIGATIONS OF

A. Capacity to be donor A. Capacity to be donee A. Movable property A. Void donation

4. Donor is obliget the warrant the thing

Encoded and Compiled by NAPA 21

1. In donation to husband and wife jointly,

2. Donee is subrogated to all the rights

3. Donee shall pay donor’s debt

4. If no stipulation, donee shall not be

Encoded and Compiled by NAPA 22

A. Birth, appearance or adoption C. Ingratitude A. Birth, appearance or adoption D. Fraud of creditor

Encoded and Compiled by NAPA 23

Practical Application: (c) Not bind property where the

Encoded and Compiled by NAPA 24

Encoded and Compiled by NAPA 25

PRESCRIPTION PRESCRIPTION OF OWNERSHIP AND REAL RIGHTS PRESCRIPTION OF ACTIONS

Encoded and Compiled by NAPA 26

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