CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)

-this is an accessory and indivisible right granted

BOOK II to a possessor of a property to retain the property
PROPERTY, OWNERSHIP, AND ITS subject to reimbursement of certain expenses
MODIFICATIONS
b) Personal Rights ( Jus in Rem)
PRELIMINARY PROVISIONS -is the power of one person to demand of
another, as a definite passive subject, the
ARTICLE 414 fulfillment of prestation to give, to do or not to
PROPERTY do.
Art 414. All things which are or may be the object REAL RIGHTS PERSONAL RIGHTS
of appropriation are considered either: -exercised directly over -exercised against
(1) immovable or real property; a thing another person, the
(2) Movable or personal property. debtor
1) PROPERTY -has a specific object -affects all present and
- Is a thing which is or may be the object of or refers to a specific future property of the
appropriation. property debtor
-follows its object in -is enforceable against
2) REQUISITES the hands of any a specific person/s and
3) THING vs PROPERTY possessor. not enforceable against
subsequent transferees
4) CHARACTERISTICS OF PROPERTY without notice.
a) Utility -is limited by the value -not so limited to the
-ability to serve as a means to satisfy human wants. of the object or its value of the object
However, the value of the thing need not be productivity
economic.
6) CLASSIFICATION OF PROPERTIES IN GENERAL
b) Substantivity a) Immovable (real)
-that the object must exist independently of other Movable (Personal)
things. It must have a separate ad autonomous -Arts 415, 416, and 417
existence. b) Tangible(Corporeal)
c) Appropriability Intangible (Incorporeal)
-the thing can be the object of juridical relation. - With respect to money, the value
i. Res Communes represented is intangible but the paper is
-things that belong to everyone tangible.
-these things like the water in the c) Consumable and non-consumable
ocean and the air around us, in their original and d) Fungible and non-fungible
uncontrolled whole or diffused state, are not e) Property of public dominion
property. Property of private ownership
ii. Res Nullius f) Res Nullius
-Things that do not have owners. They Res Communes
can be considered property because they can be
appropriated. 7) IMPORTANCE OF CLASSIFICATION OF IMMOVABLE
AND MOVABLE PROPERTIES [FRAN-VID-Tax]
5) CLASSIFICATION OF RIGHTS a) Formalities
a) Real Rights (Jus In Re) b) Registration
- Is the power belonging to a person over a c) Acquisitive Prescription
specific thing, without a passive subject d) Notices and Publication
individually determined against whom such e) Venue in civil cases
right may be exercised. f) Sale on installment
g) Double Sale
Classification of Real Rights h) Taxation
i. May either be:
a. Dominio Pleno QUESTIONS
-powers to enjoy and to dispose are 1. Can the following be considered property?
united a) License
b. Dominio Menos Pleno b) Public office
-the powers to enjoy and to dispose c) Man
are separated d) Human Body
c. Dominio Limitado ANS.
-powers to enjoy and to dispose a) No. A license is not property because it is
though united are limited merely a permit or privilege to do what otherwise
would be unlawful. Thus, a license to operate a
ii. May be: [ F(OP)- E(USRL)- G(MPAR)- A(PR)] cockpit and a timber license are not considered
a. Of full control property.
-ownership and possession; b) No. A PUBLIC OFFICE is likewise not a property
b. Of enjoyment A public office is a public trust or agency.
-Usufruct, Servitude, Recorded, c) No. MAN cannot be considered property. Man
Lease; is the subject of rights. He cannot be the object of
c. Of Guaranty any right.
-Mortgage, pledge, anti-chresis, d) No. HUMAN BODY cannot also be considered
Retention; property because it is outside the commerce of man.
d. Of Acquisition However, under certain circumstances a portion of the
-pre-emption and redemption body may be disposed of.
The law recognizes that a certain right of
iii. Lease is a REAL RIGHT if: possession over the corpse exist, for the purpose of a
a. It is REGISTERED in the Registry of decent burial, and for the exclusion of the intrusion by
Property, or third persons who have no legitimate interest in it.
b. If the duration is for more than a This is a family right.( RA No. 7170 and RA No. 349)
year although unregistered

iv. Right of RETENTION

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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
CHAPTER 1 -generally considered as a movable property.
IMMOVABLE PROPERTY However, it does not lose its character as an
immovable if it is still integral part of the forest.
ARTICLE 415
IMMOVABLE PROPERTY “(3) Everything attached to an immovable in a
Art 415. The following are immovable property: fixed manner, in such a way that it cannot be
(1) land, buildings, roads and constructions of all separated therefrom without breaking the material
kinds adhered to the soil; or deterioration of the object;”
(2) Trees, plants, and growing fruits, while they are
attached to the land or form an integral part of an
immovable;
1. REX VINTA, Requisites
(3) Everything attached to an immovable in a fixed i. The property must be ATTACHED to another
manner, in such a way that it cannot be separated IMMOVABLE; and
therefrom without breaking the material or ii. The property must be ATTACHED in a FIXED
deterioration of the object; MANNER
(4) Statues, reliefs, paintings or other objects for use
or ornamentation, placed in buildings or on lands by the “(4) Statues, reliefs, paintings or other objects for
owner of the immovable in such a manner that it use or ornamentation, placed in buildings or on
reveals the intention to attach them permanently to the
tenements;
lands by the owner of the immovable in such a
(5) Machinery, receptacles, instruments or manner that it reveals the intention to attach them
implements intended by the owner of the tenement for permanently to the tenements;”
an industry or works which may be carried on in a
building or on a piece of land, and which tend directly 1. REQUISITES
to meet the needs of the said industry or works; i. The property involved must be a statue,
(6) Animal houses, pigeon-houses, beehives, fish relief, painting or other objects for use or
ponds or breeding places of similar nature, in case their ornamentation;
owner has placed them or preserves them with the
ii. The object MUST be placed in a building or
intention to have them permanently attached to the
land, and forming a permanent part of it; the animals in land;
these places are included; iii. The object MUST be placed there by the
(7) Fertilizer actually used on a piece of land; owner of the building or land; and
(8) Mines, quarries, and slag dumps, while the matter iv. The object must be placed there in a manner
thereof forms part of the bed, and waters either that reveals the intention to attach them
running or stagnant; permanently to the building or land
(9) Docks and structures which, though floating, are -Real property even if they can be separated without
intended by their nature and object to remain at a
damage to the land or building to which they are
fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and attached.
other real rights over immovable property.
1) GENERAL CLASSIFICATION OF IMMOVABLE “(5) Machinery, receptacles, instruments or
PROPERTIES implements intended by the owner of the tenement
a) Immovable by Nature for an industry or works which may be carried on in
-par 1 and 8, Art 415 a building or on a piece of land, and which tend
b) Immovable by destination directly to meet the needs of the said industry or
-par 4-7 and 9, Art 415 works;”
c) Immovable by Incorporation
-par 1-3, Art 415 1. REQUISITES
d) Immovable by analogy i. Machinery, receptacle, instrument or
-par 10, Art 415 implement are placed in a building or a piece
of land;
“(1) land, buildings, roads and constructions of all ii. The same must have been placed there by
kinds adhered to the soil;” the owner of the building or the piece of
land;
1. BUILDING iii. The owner for an industry or work;
-must be more or less permanent in character. iv. The industry or work must be carried on in
-Buildings that are merely superimposed the same building or piece of land where the
over the land and which are meant for machinery and the lie were placed; and
immediate sale or demolition are not immovable v. The machinery, receptacle, instrument or
properties. implement must tend to meet directly the
needs of the industry or work.
Different owners
- A building is a real property separate from the Placed by Tenant
land. The owner of one building may be different Printing machinery placed by the tenant is not a
from the owner of the land. real property. (Burgos vs Chieft of Staff)
Machinery may be installed by the agent of the
On Rented land owner BUT NOT by the tenant, usufructuary or any
-It is a real property whether it was built on a other person having only temporary right unless such
rented land or not and whether built by the owner or persons acted as an agent of the owner. (Davao
not. Sawmill v. Castillo)
-It is immovable or real property even if it was EXCEPTION: The tenant can be considered an agent
constructed by a usufructuary or the lessee. of the owner, for instance, if the contract of lease
provides that any machine installed by the tenant on
2. CONSTRUCTION the leased premises shall belong to the owner upon
- Adherence of construction under par 1 may the expiration of the lease without compensation.
either be mediate or immediate. (Valdez v. Central Altagracia)

“(2) Trees, plants, and growing fruits, while they Electric Lines and Communication Cables
are attached to the land or form an integral part of Both are not directly adhered to the soil but pass
an immovable;” through posts, relays or landing stations, BUT both
may be classified under the term ‘machinery’ as real
1. TREES property under Art 415(5), because such pieces of
-if they are adhered to the soil equipment serve the owner’s business or tend to meet
the needs of his industry or works that are on real
Uprooted tree estate.

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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
“(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;”

1. DOCKS
-although they are floating they are recognized
as immovables
i.e.
i. Power barges that are moored in a bay;
ii. Floating platform made of wood and metal
tethered to a ship that is anchored in a seabed.
-including the garden, trees, living quarters
of workers and machineries in the platform are
considered real properties.

“(10) Contracts for public works, and servitudes

and other real rights over immovable property.”
1. REAL RIGHTS
-must be real rights over real properties.
i.e., A duly registered REAL ESTATE MORTGAGE

2. ESTOPPEL
-parties to a contract are estopped from claiming
that an immovable like a building is real if they
treated the same in the contract as personal (Tumalad
vs Vicencio)

EXCEPTION: The agreement to treat a real property as

personal does not bind innocent third persons.

QUESTIONS
1.

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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)

CHAPTER 2
MOVABLE PROPERTY

ARTICLE 416
MOVABLE OR PERSONAL PROPERTY
Art 416. The following things are deemed to be personal
property:
(1) Those movables susceptible of appropriation which
are not included in the preceding article;
(2) Real property which by any special provision of
law is considered as personalty;
(3) Forces of nature which are brought under control
by science; and
(4) In general, all things which can be transported
from place to place without impairment of the real
property to which they are fixed.

ARTICLE 417
OTHER MOVABLE PROPERTIES
Art 417. The following are also considered as personal
property:
(1) Obligations and actions which have for their
object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real estate.
1. TESTS TO DETERMINE IF PROPERTY IS MOVABLE
a) TEST BY EXCLUSION
-contemplated under Par (1) of Art 416, to determine
if the property is included in enumeration in Art 415.
If the property is real and if the property is not one of
those enumerated under Art 415 then the property is
personal or movable.
b) TEST BY DESCRIPTION
-whereby a property is considered personal if, by its
nature, it can be moved from place to place and can
be removed from the real property.

2. SHARES vs CERTIFICATES OF STOCK

SHARES OF STOCKS CERTFICATES OF
STOCK
-Intangible -Tangible
-merely inchoate

ARTICLE 418
CONSUMABLE OR NON-CONSUMABLE PROPERTY
Art 418. Movable property is either consumable or non-
consumable.
-To the first class belong those movables which
cannot be used in a manner appropriate to their nature
without their being consumed;
-to the second class belong all the others.
1. CONSUMABLE OR NON-CONSUMABLE
- A rice is consumable because it cannot be used
according to its nature without being consumed.
-A statue is a non-consumable because it can be
used according to its nature without being consumed.

2. FUNGIBLE
-those properties that can be replaced by
another property of the same kind, quantity, and
quality.

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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
CHAPTER 3 -they can be used indiscriminately by the public
PROPERTY IN RELATION TO THE in accordance with their nature or purpose. The
PERSON TO WHOM IT BELONGS use of this property “is not confined to privileged
individuals, but is open to the indefinite public”
ARTICLE 419 i. ROADS
Art 419. Property is either of ii. CANALS
-public dominion or of iii. RIVERS
-private ownership. iv. BANKS
1. PRESUMPTION v. BAY
-If it cannot be determined of the property is of vi. SHORES
private ownership or of public dominion, the property vii. TORRENTS
is presumed to be of public dominion. viii. PORTS
ix. CREEK
REASON: The Regalian Doctrine, under which “all x. LAKE
lands of the public domain pertain to the State and xi. LAKE BED
the latter is the foundation of any asserted right to xii. LAGOON
ownership in land. Accordingly, the State presumably xiii. FORESHORE LAND
owns all lands not otherwise appearing to be clearly xiv. DRIED-UP RIVER BED OR CREEK BED
within private ownership.
5. FOR PUBLIC SERVICE
6. FOR DEVELOPMENT OF NATIONAL WEALTH
ARTICLE 420
PROPERTIES OF PUBLIC DOMINION
Art 420. The following things are property of public ARTICLE 421
dominion:
PATRIMONIAL PROPERTY
(1) Those intended for public use, such as roads,
ART 421. All other property of the State, which is not of
canals, rivers, torrents, ports, and bridges constructed
the character stated in the preceding article, is
by the State, banks, shores, roadsteads, and others of
patrimonial property.
similar character;
(2) Those which belong to the State, without being
for public use, and are intended for some public service
or for the development of the national wealth.
1. KINDS ARTICLE 422
a. For Public Use Art 422. Property of public dominion, when no
b. For Public Service longer intended for public use or for public
c. For the Development of the National service, shall form part of the patrimonial
Wealth property of the State.

2. NATURE OF PUBLIC DOMINION

- Is a special collective ownership that resides
in the social group for general use and ARTICLE 423
enjoyment. Art 423. The property of provinces, cities, and
- The property is not owned by the State but municipalities is divided into
pertains to the State, which, as territorial -property for public use and
sovereign exercises certain juridical -patrimonial property.
prerogatives over such property.

Present Use ARTICLE 424

The present actual use is not the sole Art 434. Property for public use, in the provinces,
determining factor. cities, and municipalities, consist of
Thus, if for public use or for public service, the -the provincial roads,
property remains to be property of public dominion -city streets,
even if it is not being actually used as such in the -municipal streets,
meantime. -the squares,
-fountains,
Collection of Fees Not Determinative -public waters,
-collection of toll and other fees does not - promenades, and
convert the property of public dominion into -public works for public service
patrimonial properties. -paid for by said provinces, cities, or
municipalites.
3. CHARACTERISTICS All other property possessed by any of them is
a) Outside of Commerce of Man, hence it: patrimonial and shall be governed by this Code,
i. Cannot be ALIENATED or LEASED or without prejudice to the provisions of special
otherwise be the subject matter of laws.
contracts;
ii. Cannot be ACQUIRED BY PRESCRIPTION
against the State; ARTICLE 425
iii. Is not subject to ATTACHMENT or Art 425. Property of private ownership, besides
EXECUTION; the patrimonial property of the State, provinces,
iv. Exempt from REAL ESTATE TAX and are cities, and municipalities, consists of all property
EXEMPT from SALE AT PUBLIC AUCTION; belonging to private persons, either individually
and or collectively.
v. Cannot be burdened by any VOLUNTARY
EASEMENT
PROVISIONS COMMON TO THE THREE PRECEDING
b) Cannot be registered CHAPTERS
-cannot be registered under the land registration
law and be the subject of a Torrens Title. ARTICLE 426
Art 426. Whenever by provisions of the law, or an
4. PROPERTY FOR PUBLIC USE individual declaration, the expression “immovable
-properties are generally open to the public at things or property,” or “movable things or property,” is
large subject only to reasonable regulations. used, it shall be deemed to include, respectively, the
things enumerated in Chapter 1 and in Chapter 2.
Whenever the word “muebles,” or “furniture” is used
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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
alone, it shall not be deemed to include money, credits,
commercial securities, stocks and bonds, jewelry,
scientific or artistic collections, books, medals, arms,
clothing, horses or carriages, and their accessories,
grains, liquids and merchandise, or other things which
do not have as their principal object the furnishing or
ornamenting of a building, except where from the
context of the law, or the individual declaration, the
contrary clearly appears.

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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
TITLE II. OWNERSHIP the holder and possessor of the thing in order
to recover it.
CHAPTER 1 1. RIGHT TO ENJOY
OWNERSHIP IN GENERAL -includes the right:
a) To possess(Jus possidendi);
ARTICLE 427 b) To use (jus utendi);
Art 427. Ownership may be exercised over things c) To the fruits (jus fruendi) and accessions;
or rights. d) To exclude others.
1. OWNERSHIP
-It is the right to enjoy, dispose, and recover a 2. RIGHT TO DISPOSE (Jus possidendi)
thing without further limitations than those - includes the right:
established by law or the will of the owner. a) To destroy or abuse (jus abutendi);
-“the independent and general power of a person b) To alienate;
over a thing for purposes recognized by law and within c) To transform;
the limits established thereby.” d) To encumber.

2. OWNERSHIP VS POSSESSION ARTICLE 429

OWNERSHIP POSSESSION DOCTRINE OF SELF-HELP
-exists when a thing -as the holding of a Art 429. The owner or lawful possessor of a thing
pertaining to one thing or the enjoyment has the right to exclude any person from the
person is completely of a right enjoyment and disposal thereof. For this purpose,
subjected to his will in he may use such force as may be reasonably
a manner not necessary to repel or prevent an actual or
prohibited by law and threatened unlawful physical invasion or
consistent with the usurpation of his property.
rights of others. 1. DOCTRINE OF SELF-HELP
-confers certain rights -literally, to possess
to the owner, one of means to actually and REQUISITES
which is the right to physically occupy a Self-help is based on the principle of self-
possess thing with or without a defense, the scope of which in criminal law is also
right. extended to civil law. The requisites are:
(a) There must be actual or threatened physical
3. POSSESSION IS PART OF OWNERSHIP invasion or usurpation;
-if a court of competent jurisdiction declared (b) Reasonable force is exercised’
that a party is the owner of a property, it follows that (c) The force is exercised by the owner or lawful
the owner is entitled to possession; the delivery of possessor;
possession is included. (d) There is no delay in the exercise.
-the court can order the delivery of possession of
the property to the owner by writ of execution even if 2. WHEN FORCE CAN BE EXERCISED
the dispositive portion merely declares the party as -Force can only be used at the time when
the owner. possession is distributed or immediately after actual
dispossession. It is lawful as a measure of self-help to
4. CHARACTERISTICS OF OWNERSHIP scare away persons who were committing acts of
(1) ELASTIC trespass.
-the power/s of an owner may be reduced and ARTICLE 430
thereafter automatically recovered upon the cessation RIGHT TO ENCLOSE
of the limiting rights; Art 430. Every owner may enclose or fence his
(2) GENERAL land or tenements by means of walls, ditches, live
-the right to make use of all the possibilities or utility or dead hedges, or by any other means without
of the thing owned, EXCEPT those attached to other detriment to servitudes constituted thereon.
real rights existing thereon; 1. RIGHT TO ENCLOSE
(3) PERPETUAL -the owner can exclude others by erecting fences
-ownership lasts as long as the thing exists. It cannot in the boundaries subject to limitations like those
be extinguished by non-user but only by adverse brought about by easement.
possession.
(4) INDEPENDENT ARTICLE 431
-it exists without necessity of any other right USE MUST NOT INJURE OTHERS
(5) EXCLUSIVE Art 431. The owner of a thing cannot make use
-there can only be one right of ownership over a thing. thereof in such a manner as to injure the rights of
There may be two or more owners but there is only a third person.
one ownership. 1. SIC UTERE TOU UT ALIENUM NON LAEDAS
-the owner of a thing cannot make use thereof in
5. LIMITATIONS OF OWNERSHIP such a manner as to injure the rights of a third
(1) Specific limitations imposed by law; person.
(2) General limitations imposed through the
inherent power of the State (Police power, eminent EXAMPLES:
domain, taxation); (a) The owner cannot allow a pond in his
(3) Limitations imposed by the grantor or property to overflow to the damage of his neighbors;
transferor – party transmitting the property either by (b) The owner of a pig farm cannot allow farm
contract of by will; waste to flow to a creek to the prejudice of the
(4) Inherent limitations arising from conflict with community
other Rights – Example: Conflict with rights of
neighbor or public;
(5) Limitations imposed by the Owner himself ARTICLE 432
- Restriction imposed by lease contract. STATE OF NECESSITY
Art 432. The owner of a thing has NO RIGHT to
ARTICLE 428 prohibit the interference of another with the
RIGHT TO ENJOY same, if the interference is necessary to avert an
Art 428. The owner has the right to enjoy and imminent danger and the threatened damage,
dispose of a thing, without other limitations compared to the damage arising to the owner
than those established by law. from the interference, is much greater. The
The owner has also a right of action against owner may demand from the person benefited
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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
indemnity for the damage to him. case, restore the owner in his possession.
1. DOCTRINE OF STATE OF NECESSITY OR
INCOMPLETE PRIVILEGE

REQUISITES: Interference with a neighbor’s property ARTICLE 436

is allowed if the following concur: Art 436. When any property is condemned or
(a) Interference is necessary because of an seized by competent authority in the interest of
imminent and threatened damage, and health, safety or security, the owner thereof shall
(b) the damage to another is much greater than not be entitled to compensation, UNLESS he can
damage to the property interfered with. show that such condemnation or seizure is
UNJUSTIFIED.
2. DAMAGES
If the requisites are present, damages may be
demanded by the owner of the property interfered ARTICLE 437
with from the party benefited. SURFACE AND SUBSURFACE RIGHT
Art 437. The owner of a parcel of land is the
owner of its surface and of everything under it,
and he can construct thereon any works or make
any plantations and excavations which he may
ARTICLE 433 deem proper, without detriment to servitudes
RIGHT TO RECOVER and subject to special laws and ordinances. He
Art 433. Actual possession under claim of cannot complain of the reasonable requirements
ownership raises a disputable presumption of of aerial navigation.
ownership. The true owner must resort to judicial 1. SURFACE AND SUB-SURFACE RIGHT
process for the recovery of the property. -the owner of a land is entitled to exercise his
right to surface, the space above it and the sub-
ARTICLE 434 surface.
Art 434. In an action to recover, the property (a) Indivisible
must be identified, and the plaintiff must rely on -the right over the surface and the sub-
the strength of his title and not on the weakness terrain areas of one’s property is indivisible
of the defendant’s claim.
1. RIGHT TO RECOVER (JUS VINDICANDI) 2. LIMITATIONS
(a) Real Property (a) Reasonable requirements of aerial navigation;
(1) Accion Interdictal or Ejectment (b) Regalian Doctrine and Mining laws

i. FORCIBLE ENTRY (Detentacion) -Thus, registered landowners may even be ousted

- the defendant’s possession of the property is of ownership and possession of their properties in the
illegal; ab initio forcible entry; and event the latter are reclassified as mineral lands
because real properties are characteristically
ii. UNLAWFUL DETAINER (Desahucio) indivisible. For the loss sustained by such owners, they
-where the defendant’s possession was originally are entitled to just compensation under the Mining
lawful but ceased to be so by the expiration of his laws or in appropriate expropriation proceedings.
right to possess.
3. EXTENT
(2) Accion Publiciana The landowner’s right extends to such height or
-a plenary action for recovery of the right to depth where it is possible for them to obtain some
possess and which should be brought in the proper benefit or enjoyment, and it is extinguished beyond
regional trial court when the dispossession has lasted such limit as there would be no more interest
for more than one year. protected by law.
(a) Cujus est solum, ejus est usque ad coelum
(3) Accion reinvidicatoria or accion de et ad infernos is no longer applicable
reinvidicacion - to whosoever the soil belongs, he owns also the
Recovery of possession based on ownership and sky and to the depths. Under this rule, the owner of
includes the jus utendi and the jus fruendi. the land is entitled to the free and unfettered control
of his land, upon and beneath the surface.
REQUISITES:
(i) Identity of property; and
(ii) Ownership.

NOTES ARTICLE 438

(i) Proof of ownership includes Art 438. HIDDED TREASURE belongs to the owner
(1) Torrens Title, of the land, building or other property on which it
(2) Tax Declaration by itself if not proof of is found.
ownership unless coupled with circumstances; Nevertheless, when the discovery is made on
(ii) A lessor cannot forcibly take the property the property of another, or of the State or any of
that the leased without going to court; its subdivision, and by chance, one-half thereof
(iii) Possession can be recovered from squatters shall be allowed to the finder.
even if their possession was initially tolerated and the -If the finder is a trespasser, he shall not be
owner was initially tolerated and the owner is not entitled to any share of the treasure.
estopped or is not deemed to have waived his or her If the things found be of interest to science or
right of possession. the arts, the State may acquire them at their just
price, which shall be divided in conformity with
(b) Personal Property the rule stated.
- Replevin.

ARTICLE 435 ARTICLE 439

Art 435. No person shall be deprived of his Art 439. By treasure is understood, for legal
property except by competent authority and for purposes, any hidden and unknown deposit of
public use and always upon payment of just money, jewelry, or other precious objects, the
compensation. lawful ownership of which does not appear.
Should this requirement be not first complied
with, the courts shall protect and, in a proper
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 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)

CHAPTER 2
RIGHT OF ACCESSION

GENERAL PROVISIONS

Art 440. The ownership of property gives the right

the right by accession to everything which is
produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.

SECTION 1. – RIGHT OF ACCESSION WITH RESPECT

TO WHAT IS PRODUCED BY PROPERTY

Art. 441. To the owner belongs:

(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits.

Art. 442. Natural fruits are the spontaneous

products of the soil, and the young and other
products of animal.
Industrial fruits are those produced by lands
of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the
price of leases of lands and other property and
the amount of perpetual or life annuities or
other similar income.

Art 443. He who receives the fruits has the

obligation to pay the expenses made by a third
person in their production, gathering, and
preservation.

Art 444. Only such as are manifest or born are

considered as natural or industrial fruits.
With respect to animals, it is sufficient that
they are in the womb of the mother, although
unborn.

Engr. Ariel Mark Pilotin 10

 CIVIL LAW REVIEW (PROPERTY, OWNERSHIP AND ITS MODIFICATIONS)
SECTION 2. – RIGHT OF ACCESSION WITH RESPECT
TO IMMOVABLE PROPERTY

Art 445. Whatever is built, planted or sown on

the land of another and the improvements or
repairs made thereon, belong to the owner of
the land, subject to the provisions of the
following articles.

Art 446. All works, sowing, and planting are

presumed made by the owner and at his
expense, unless the contrary is proved.

Art 447. The owner of the land who makes

thereon, personally or through another,
plantings, constructions or works with the
materials of another,
-shall pay their value; and,
-if he acted in bad faith, he shall also

Engr. Ariel Mark Pilotin 11