San Beda College of Law

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Property - All things which are, or may be, the

object of appropriation (Art. 414, NCC)  The human body, whether alive or dead, is
neither real nor personal property, for it is
Thing and Property Distinguished not even property at all, in that it generally
Thing Property cannot be appropriated. Under certain
Includes both Things which are conditions, the body of a person or parts
appropriable and non- susceptible of thereof may be the subject matter of a
appropriable objects appropriation and
which are already transaction (See R.A. 349, R.A. 7170,
possessed and found R.A. 7719).
in the possession of
man  Parties to a contract may treat as personal
property that which by nature is real
Note: Strictly speaking, “thing” is NOT property; and it is a familiar phenomenon
synonymous with “property”. HOWEVER, the
to see things classed as real property for
New Civil Code uses these terms
interchangeably. purposes of taxation which on general
principle might be considered personal
REQUISITES/CHARACTERISTICS: (USA) property (Standard Oil Co. vs. Jaranillo
1. Utility – ability to serve as a means to GR No. 20329, March 16, 1923).
satisfy human needs

2. Substantivity or individuality – separate IMMOVABLE PROPERTIES

and autonomous existence
Categories: (NIDA)
3. Appropriability – even if not yet actually 1. Real by nature – it cannot be carried from
appropriated (Reyes-Puno, p.1) place to place (pars. 1 & 8, Art. 415)

2. Real by incorporation – attached to an

immovable in a fixed manner to be an
CLASSIFICATION OF PROPERTIES
integral part thereof (pars. 1–3 Art. 415)

KINDS OF PROPERTIES: 3. Real by destination – placed in an

1. Immovable or real (Art. 415) immovable for the utility it gives to the
activity carried thereon (pars. 4–7 and 9
2. Movable or personal (Arts. 416, 417)
Art. 415)
EXECUTIVE COMMITTEE:
MANOLO ADEL SANTOS overall chairperson, KRISTINE ANNABELLEE HIPOS chairperson for academics, MINISTER MOISES DU chairperson
for hotel operations, EZEKIEL JOSHUA VILLENA vice-chairperson for operations, RYAN DARYL PINEDA vice-chairperson for secretariat,
DJOANIVIE JOMARE JUNASA vice-chairperson for finance, MARIE MICAELA STA. ANA vice-chairperson for edp, DIOXENOS SULIT vice-
chairperson for logistics

SUBJECT COMMITTEE:
CATHERINE FLORES subject chair, CAMHELLA SANDOVAL assistant subject chair, JEZREEL CARIDAD TAGUBA edp, NOEL BURTON persons
and family relations, AYLA HERAZADE SALENDAB property, KRISTINE PAULA CHU and RIO ROSE SANTOS wills and succession, CHERRYLYN
NAVARRA and RAMIILA QUINTO obligations and contracts, THOMAS ANGELO SANTOS sales and lease, SOHAIRA DIMNATANG partnership,
agency and trust, LEANA MAE BLASCO credit transactions, CELESTINO VIERNES, JR. torts and damages, GENEVIEVE SEVIDAL land titles and
deeds, JOHN SAGABAEN conflict of laws

MEMBERS:
Alfredo Francisco Brettana, Alysse Adao, Angela Paminter, Angela Punzalan, Anthony Villamor, Arjay Manauis, Arjel De Guzman, Avril
Gamboa, Benjamin Estolas, Beverly Quintos, Cadilyn Bedol, Carissa Eñano, Cecille Benitez, Cerizar Torio, Charlotte Lyza Sayson, Chino
Ramos, Christian Joy Ocampo, Cindy Villareal, Crystal Faith De Torres, David Evelio Valencia, Denise Concepcion, Don Calugay, Donna
Frances Ylade, Dorothy Kate Punzalan, Emmanuel Jefferson Santiago, Erwin Legazpi, Eva Banzon, Farrah Mala, Felwin Rau Eltanal,
Fernando Tullao, Flocerfina Lloren, Garizaldy Anteola, Gideon Peña, Grace Del Rosario, Harold Talledo, Hera Aiza Barona, Irene Lipat, Irir
Fatima Cero, Irwin Peña, Isabel Suzara Zulueta, Jamella Anne Marie Joya, Jay Nieva, Jenno Antonio Villanueva, Jerico Galvez, Jerzy Torres,
Jhony Martin Alba, Joanna Marie Paguio, John Carlo Gil Sadian, Karen Kaye Go, Karlo Dialogo, Katrina Daniela Chavez, Kelvin Brian Pe,
Laurie Pe, Lendell Lota, Lorene Pe, Ma. Buenafe Carandang, Ma. Elena Saludes, Ma. Louise Aviso, Mabelle Palay, Mae Lane Ong, Marife
Andal, Mary Eileen Ang, Mary Jane Perez, Naomi Abrejera, Narseen Love Joy Balajadia, Neo Valerio, Nino Martin Cruz, Norly Villanueva,
Paola Rodriguez, Patrick Maglinao, Peter Glen Vinluan, Peter Labuguen, Peter Vinluan, Pia Callueng, Ralph Paguia, Ramona Diñozo,
Raymond Romano, Reinalee Susan Calvez, Roju Santino Ilagan, Ronald Ryan Suarez, Simon Simon, Stacy Cunanan, Trixy Comia, Uelah
Cangco, Vanessa Guinto, Vanessa Jacob, Victoria Panganiban, Walter Fernandez, Wendy Lynne Hernandez- Magallanes, Zenaida Razon
4. Real by analogy – it is so classified by appear to be immovable by nature,
express provision of law (par. 10, Art. 415) nothing prohibits the parties from
treating them as chattels to secure an
obligation under the principle of
Types of Immovable Properties (Art. 415) estoppel (Tsai vs. CA, GR No.
1. Land, buildings, roads and constructions 120098, October 2, 2001).
of all kinds adhered to the soil
4. Statues, reliefs, paintings, or other objects
 Where a building is sold to be for use or ornamentation
demolished immediately, it is to be
Requisites:
regarded as movable because the a. Placed by the owner or by a tenant as
subject matter of the contract is really agent of the owner
the materials thereof. b. With the intention of attaching them
permanently, even if adherence will
not involve breakage or injury
 Buildings are immovables by
incorporation. Hence, their adherence 5. Machinery, receptacles, instruments, or
to the land must be permanent and implements for an industry or works
substantial. Portable structures are not
immovables. Requisites:
 A building is an immovable even if not a. The machinery, etc. must be placed
erected by the owner of the land. The by the owner of the tenement or his
only criterion is union or incorporation agent
with the soil. (Ladera vs. Hodges CA- b. The industry or works must be carried
GR No. 8027-R, September 23, on in a building or on a piece of land
1952). c. The machinery, etc. must tend directly
 A building is real property thus, its sale to meet the needs of the said industry
as annotated in the Chattel Mortgage or works
Registry cannot be given the legal
effect of registration in the Registry of  The equipment and living
Real Property (Leung Yee vs. Strong quarters of the crew, being permanently
Machinery Co. G.R. No. L-11658 attached to the platform which is also an
February 15, 1918). immovable, are immovables. This is
especially so that they are intended to
2. Trees, plants, and growing fruits meet the needs of the business and
 When trees are cut or uprooted, industry of the corporation (Fels Energy,
incorporation ceases and they Inc v Province of Batangas, et al., GR No.
become movables; timber is still an 168557, Feb 16, 2007)
integral part of an immovable property
when it constitutes the natural product  Movable equipments, to be
of the latter. immobilized in contemplation of law, must
 For purposes of attachment, be essential and principal elements of an
execution, and the Chattel Mortgage industry or works (Mindanao Bus Co. vs.
Law, growing crops have the nature of City Assessor and Treasurer GR No. L-
personal property (Sibal vs. Valdez 17870, September 29, 1962).
G.R. No. L-27352, August 4, 1927).
 Machinery, movable in nature,
3. Everything attached to an immovable in a becomes immobilized when placed on a
fixed manner plant by the owner of the property but not
 The attachment need not be made by so when placed by a tenant, usufructuary
the owner. or a person having only a temporary right
 The breakage or injury, in case of unless such person acted as agent of the
separation, must be substantial. owner (Davao Sawmill Co. vs. Castillo GR
 The fact that the machineries were No. 40411, August 7, 1935).
bolted or cemented on real property
There are 2 views on the effect of the
mortgaged does not make them ipso
temporary separation of movables from the
facto immovable under Art. 415 (3)
immovables to which they are attached:
and (5) as the parties intent has to be
looked into. Even if the properties
 San Beda College of Law
2010 Centralized Bar Operations
a. They continue to be regarded as  A personal right is always regarded as
immovables. personal property. The exception is in
b. Fact of separation determines the the case of contracts for public works
condition of the object (supported by which are considered as real property.
Paras and Tolentino)
MOVABLE PROPERTIES
 If the machine is still in the building, but is
no longer used in the industry, the Tests:
machine reverts to the condition of a 1. By exclusion: all those not included in Art.
chattel. On the other hand, if still needed 415
for the industry, but separated from the 2. By description: an object is movable if:
tenement temporarily, the property a. It can be transported from place to
continues to be an immovable (Paras, place;
p.20). b. Without substantial injury to the
immovable to which it is attached.
3. Real Property considered as personal
property by special provision of law.

6. Animal houses, pigeon houses, beehives,

fish ponds, etc. KINDS OF MOVABLE PROPERTIES
(ASFTOS):
Requisites: 1. Those movables susceptible of
a. Placed by the owner, or by a tenant as appropriation which are not included in the
agent of the owner, with the intention preceding article
of permanent attachment 2. Real property which by any special
b. Forms a permanent part of the provision of law is considered personalty
immovable 3. Forces of nature which are brought under
control by science
7. Fertilizer 4. In general, all things which can be
 “Actually used” means that it has been transported from place to place without
spread over the land. impairment of the real property to which
they are fixed (Art. 416)
8. Mines, quarries and slag dumps 5. Obligations and actions which have for
 They are considered as realty only if their object movables or demandable
the matter remains unsevered from sums
the soil. Once severed, they become 6. Shares of agricultural, commercial and
personalty. industrial entities, although they may have
real estate (Art. 417)
9. Docks and Structures
 Vessels are considered personal CLASSIFICATIONS OF MOVABLES:
property under the Civil Law as well as 1. By Nature:
under the common law, although a. Consumable - cannot be used
occasionally referred to as a peculiar according to its nature without it being
kind of personal property (Phil. consumed.
Refining Co., Inc. vs. Jarque GR No. b. Non-consumable - any other kind of
41506, March 25, 1935). movable property (Art. 418).
 Power barges are categorized as 2. By Intention:
immovable property by destination, a. Fungible - replaceable by an equal
being the nature of machinery and quality and quantity, either by nature
other implements intended by the of things or agreement.
owner for an industry or work which b. Non-fungibles - irreplaceable because
may be carried on in a building or on a identical objects must be returned.
piece of land and which tend directly
to meet the needs of said industry or Example: Rice is by nature consumable
work (Fels Energy, Inc v. Province of but if the parties intended it for display, it is
Batangas, supra). non-fungible because the identical rice
need be returned; if it is loaned for
10. Contracts for Public works, and servitudes consumption, it is both consumable and
and other real rights fungible

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Note: The New Civil Code, in many instances, it to patrimonial property. The conversion
uses the terms consumable and fungible happens only if the abandonment is
interchangeably. definite and upon a formal declaration on
the part of the government to withdraw it
PROPERTY IN RELATION TO WHOM IT from public use (Laurel vs. Garcia GR No.
BELONGS (Arts. 419–425) 92013, July 25, 1990).

Property is either of:  The Executive and possibly the Legislative

1. Public dominion Departments have the authority and the
2. Private ownership power to make the declaration (Natividad
vs. Director of Lands 37 O.G. 2906).
Property of Public Dominion
Concept: It does not import the idea of Property of Private Ownership
ownership. It is not owned by the state but Kinds:
simply under its jurisdiction and administration 1. Property owned by the State and its
for the collective enjoyment of people. The political subdivisions in their private
ownership of such properties is in the social capacity and is known as patrimonial
group, whether national, provincial or property (Art. 421-424)
municipal. 2. Property belonging to private persons (Art.
Purpose: To serve the citizens and not the 425)
state as a juridical person.
Patrimonial Property of the State
Kinds: 1. Property of the State owned in a private or
1. For public use – may be used by anybody proprietary capacity
2. For public service – may be used only by 2. Property of public dominion, when no
authorized persons longer intended for public use or public
3. For the development of national wealth service, shall form part of the patrimonial
property
 The charging of fees to the public does not 3. The State has the same rights over this
determine the character of the property, kind of property as a private individual in
whether it is of public dominion or not. Art. relation to his own private property
420 defines property of public dominion as
one “intended for public use”. Even if the Property of Political Subdivisions
government collects toll fees, the road is 1. Property for public use – consist of roads,
still “intended for public use” if anyone can streets, squares, fountains, public waters,
use it under the same terms and promenades and public works for public
conditions as the rest of the public (MIIA service paid for by the LGUs.
vs. CA, GR No. 155650, July 20, 2006). Note: The enumeration in Art. 424 is not
exclusive.
Characteristics: (OI-PAE) 2. Patrimonial Property – all other properties
1. Outside the commerce of man possessed by LGUs without prejudice to
2. Inalienable, but when it is no longer provisions of special laws
needed for public use or service, it may be
declared patrimonial property. Note: Arts. 423 and 424 speak of property for
3. Cannot be acquired by prescription public use, indicating that property for public
4. Not subject to attachment or execution service is patrimonial. However, the Supreme
5. Cannot be burdened with easements Court, in Province of Zamboanga Del Norte
vs. City of Zamboanga (GR No. L-23922, June
Note: They CANNOT be registered under the 30, 1969), categorically stated that “this court
land registration law and be the subject of a is not inclined to hold that municipal property
Torrens title. The character of public property held and devoted to public service is in the
is not affected by possession or even a same category as ordinary private property.
Torrens Title in favor of private persons The classification of municipal property
(Palanca vs. Commonwealth, GR No. 46373, devoted for distinctly governmental purposes
Jan. 29, 1940). as public, under the Law of Municipal
Corporations, should prevail over the Civil
 As property of public dominion, the Code in this particular case.” The Law of
Roppongi lot is outside the commerce of Municipal Corporations was considered as a
man. The fact that it has not been used for special law in the context of Art. 424 of the
a long time does not automatically convert NCC.
 San Beda College of Law
2010 Centralized Bar Operations
may be two or more owners but only one
 Properties of public dominion devoted to ownership.
public use are outside the commerce of 4. Perpetuity – ownership lasts as long as
men and cannot be disposed of or leased the thing exists. It cannot be extinguished
by the LGU to private persons. LGUs have by non user but only by adverse
no authority to control or regulate the use possession.
of public properties unless specific 5. Independence – it exists without necessity
authority is vested upon them by Congress of any other right.
(Macasiano vs. Diokno GR N. 97764,
August 10, 1992). LIMITATIONS: (GOSIP)
1. General limitations imposed by the State
for its benefit
2. Limitations imposed by the owner himself
3. Specific limitations imposed by law
4. Inherent limitations arising from conflict
with other rights
5. Limitations imposed by the party
transmitting the property either by contract
or by will
OWNERSHIP
De Facto Case of Eminent Domain
The rights to enjoy, dispose, and recover a  Expropriation resulting from the actions of
thing without further limitations than those nature as in a case where land becomes
established by law or the will of the owner. part of the sea. The owner loses his
property in favor of the State without any
SUBJECT-MATTER (Art. 427) compensation.
1. Thing - usually refer to corporeal property  When the sea moves towards the estate
2. Right - whether real or personal, are and the tide invades it, the invaded
classified as incorporeal property property becomes foreshore land and
passes to the realm of the public domain
RIGHTS INCLUDED: (Republic vs. CA, GR No. 100709,
1. Right to enjoy (PUFA) November 14, 1997).
a. To possess (jus possidendi)
b. To use (jus utendi) Principle of Self-Help (Art. 429)
c. To the fruits (jus fruendi) and
 The owner or lawful possessor of a thing
accessions
has the right to exclude any person from
d. To abuse (jus abutendi)
the enjoyment and disposal of the property
2. Right to dispose (DATE)
by the use of such force as may be
a. To destroy
necessary to repel or prevent actual or
b. To alienate
threatened unlawful physical invasion or
c. To transform
usurpation of his property.
d. To encumber
3. Right to vindicate: (PR)
Requisites: (RONA)
a. Pursuit
1. Reasonable force
b. Recovery
2. Owner or lawful possessor is the
4. Right to exclude: (ER)
person who will exercise
1. To enclose, fence and delimit
3. No delay in one’s exercise
2. To repel intrusions even with force
4. Actual or threatened physical invasion
or usurpation
CHARACTERISTICS: (GEEPI)
1. General – the right to make use of all the
Doctrine of Incomplete Privilege or State of
possibilities or utility of the thing owned,
Necessity (Art. 432)
except those attached to other real rights
General Rule: A person cannot interfere with
existing thereon.
the right of ownership of another.
2. Elastic – power/s may be reduced and
thereafter automatically recovered upon
Exception: Doctrine of Incomplete Privilege or
the cessation of the limiting rights.
State of Necessity
3. Exclusive – there can only be one
ownership over a thing at a time. There
Requisites: (ID)

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1. Interference necessary to avert an As to necessity of proof of prior physical
imminent and threatened danger possession
2. Damage to another much greater than Plaintiff must prove that Plaintiff need not have
damage to property he was in prior physical been in prior physical
possession of the possession
LEGAL REMEDIES TO RECOVER premises until he was
POSSESSION OF ONE’S PROPERTY: deprived thereof by the
1. Personal Property defendant
As to when the 1 year period is counted from
Replevin – a remedy for the recovery of 1 year period is 1 year period is
possession of personal property which is generally counted from counted from the date
governed by Rule 60 of the Rules of Court the date of actual entry of last demand or last
on the land letter of demand
2. Real Property
a. Accion interdictal: A summary action b. Accion publiciana: An ordinary civil
to recover physical or material proceeding to recover the better right
possession of property. of possession of property and is
 It must be brought in the proper resorted to when the dispossession
MTC or MeTC within one year has lasted for more than 1 year.
from the time the cause of action  The issue involved is not
arises. possession de facto but
i. Forcible entry (detencion): An possession de jure of realty
action for recovery of material independent of the title.
possession of real property when  Must be brought in the proper
a person originally in possession RTC within a period of 10 years
was deprived thereof by force, from the time the cause of action
intimidation, strategy, threat or arises.
stealth. c. Accion reinvidicatoria: An action to
ii. Unlawful Detainer (desahuico): An recover real property based on
action for recovery of possession ownership. The object is the recovery
of any land or building by a of dominion over the property as
landlord, vendor, vendee, or other owner.
person against whom the  Must be brought in the proper
possession of the same was
RTC within a period of 10 years
unlawfully withheld after the
from the time the cause of action
expiration or termination of the
arises.
right to hold possession, by virtue
of any contract.
Requisites:
i. The thing must be corporeal,
Forcible Entry and Unlawful Detainer concrete, and determinate
Distinguished ii. Proof of identity
Forcible Entry Unlawful Detainer iii. Proof of title (Reyes-Puno, p.24)
As to when possession became unlawful
Possession of the Possession is
Surface Rights (Art. 437)
defendant is unlawful inceptively lawful but The owner of a parcel of land is the owner of
from the beginning as he becomes illegal from its surface and everything under it.
acquires possession by the time defendant
force, intimidation, unlawfully withholds Limitations:
strategy, threat or stealth possession after the Horizontally: extends up to the boundaries
expiration or Vertically: extends below the surface and
termination of his right above it to the extent required by the
thereto. economic interest of or utility to the owner, in
As to the necessity of demand relation to the exploitation that may be made
No previous demand for Demand is of the property
the defendant to vacate jurisdictional if the Airspace: the owner cannot complain of the
is necessary ground is non– reasonable requirements of aerial navigation
payment of rentals or
failure to comply with HIDDEN TREASURE (Arts. 438 & 439)
the lease contract
 San Beda College of Law
2010 Centralized Bar Operations
Any hidden or unknown deposit of money, Kinds of Fruits
jewelry or other precious objects, the lawful a. Natural fruits – spontaneous products
ownership of which does not appear of the soil, the young and other
products of animals
General Rule: It belongs to the owner of the b. Industrial fruits – those produced by
land, building or other property on which it is lands of any kind through cultivation or
found. labor
c. Civil fruits – rents of buildings, price of
Exceptions: The finder is entitled to ½ leases or lands and the amount of
provided: perpetual or life annuities or other
1. Discovery was made on the property of similar income
another, or of the State or any of its
political subdivisions;  Bonus to planters for the risk
2. The finding was made by chance; undergone in mortgaging property is
3. The finder is not a co–owner of the NOT a civil fruit of the mortgaged
property where it is found; property (Bachrach Motor Co. vs.
4. The finder is not a trespasser; Talisay-Silay Milling Co. GR No.
5. The finder is not an agent of the 35223, September 17, 1931).
landowner;
6. The finder is not married under the General Rule: To the owner of the
absolute community or the conjugal principal belongs the natural, industrial,
partnership system (otherwise his share and civil fruit.
belongs to the community).

 It is necessary that no known owner Exceptions: If the thing is: (PULA)

appears. “Hence, that money found in a a. In possession of a possessor in good
library, when the books were delivered to faith;
the legatees in a testamentary proceeding, b. Subject to a usufruct;
could not be considered a treasure c. Leased or pledged; or
because it was shown that the library had d. In possession of an antichretic creditor
been used by the testator and that money
consisted, in greater part, of this kind in General Rule: Expenses of production,
circulation during the life of the testator” (1 gathering and preservation (whether more
Capistrano 394). or less than the value of the fruits) must be
borne by the receiver of the fruits.
ACCESSION (Arts. 440– 475)
The right by virtue of which the owner of a Exception: The rule does NOT always
thing becomes the owner of everything that is apply to pending fruits.
produced thereby or which is incorporated or
attached thereto, either naturally or artificially. 2. Accession Continua – the right
pertaining to the owner of a thing over
Accessories - things joined to or included with everything that is incorporated or attached
the principal thing for the latter’s thereto either naturally or artificially; by
embellishment, better use, or completion external forces.
a. With respect to real property
Classifications: i. Accession industrial
1. Accession Discreta – the right pertaining  Building, planting, sowing
to the owner of a thing over everything ii. Accession natural
produced thereby  Alluvium, avulsion, change of
course of rivers, formation of
Fruits - all periodical additions to a islands
principal thing produced by forces inherent b. With respect to personal property
to the thing itself i. Adjunction or conjunction
ii. Commixtion or confusion
Requisites: iii. Specification
a. increase or addition to the original
thing Basic Principles: (GONE BAD)
b. at repeated intervals 1. He who is in good faith may be held
c. by inherent forces responsible but will not be penalized.

7
2. To the owner of a thing belongs the improvement expenses for from B, P, S
extension or increase of such thing. w/o paying preservation (as if both
3. Bad faith of one party neutralizes the bad indemnity and Lose acted in good
faith of the other. collect improvements faith)
damages, or w/o right to If B, P, S
4. There should be no unjust enrichment at
Demolition or indemnity acquires
the expense of others. restoration, from LO (452) improvements
5. Bad faith involves liability for damages. and collect unless the LO , remove
6. Accessory follows the principal. damages, or sells land materials if
7. Accession exists only if the incorporation Sell to B, P or w/o injury
is such that separation would either rent to S, and (447)
seriously damage the thing or diminish its collect No action
value. damages versus LO
Pay
necessary
Right of Accession With Respect to Real
expenses to
Property B, P, S (449,
450, 451)
Accession Industrial Bad Faith
Table of Rights and Obligations:
Builder, Same as though all acted in good faith (453)
Owner of the
Landowner Planter,
Materials Bad Faith Good Faith Good Faith
(LO) Sower
(OM)
(B,P,S) Acquire Remove Remove
Good Faith Good Faith Good Faith improvements improvements materials if
after paying in any event w/o injury
Acquire Right of Collect value indemnity and Be Collect value
improvements retention for of materials damages to B, indemnified of materials,
and pay to B, necessary primarily from P, S for damages primarily from
P, S and useful B, P, S; Subsidiarily B, P, S;
indemnity; expense subsidiarily liable to owner subsidiarily
subsidiarily Pay value of from land of materials from LO (447,
liable to owner materials to owner if B, P, (454, 447, 455)
of materials owner of S insolvent 455)
a. Sell land materials Remove only
to B or P if without Bad Faith Bad Faith Good Faith
except if injury (455, Acquire Right of Collect value
the value 447) improvements retention for of materials
of the after necessary primarily from
land is indemnity to expenses B, P, S;
considera B, P, S; Pay value of subsidiarily
bly more subsidiarily materials to from LO
b. Rent to S liable to owner owner of 2. Collect
(448, of materials materials and damages
546, 455) a. Sell to B, pay him 3. If B, P, S
Good Faith Good Faith Bad Faith P except: damages acquires
Acquire Right of Lose them if the (546, 447) improvements
improvements retention for without right to value is remove
and pay necessary indemnity considera materials in
indemnity to and useful (449) bly more any event
B, P, S expenses b. Rent to S (447, 455)
A. Sell to B, P Keep building, (453,
except if the planting or 448, 546,
value of land sowing w/o 548, 455)
is indemnity to Good Faith Bad Faith Good Faith
considerably owner of Option to: Recover Good Faith
more, forced materials and Acquire w/o necessary Collect value
lease collect paying expenses of materials
Without damages indemnity and (452, 443) and damages
subsidiary (546, 449) collect Lose from B, P, S
liability for damages improvements and
cost of Sell to B, P w/o right of subsidiarily
material and rent to S retention from from LO
Good Faith Bad Faith Bad Faith and collect LO (452) Remove
damages unless LO materials in
Option to: Recover Bad Faith Demolish or sells the land any event if B,
Acquire necessary Recover value restore and P, S acquires
 San Beda College of Law
2010 Centralized Bar Operations
collect improvements primary intent of the law is to avoid a state
damages of forced co–ownership especially where
Pay the parties agree that Arts. 448 and 546
necessary are applicable and indemnity for the
expenses to
improvements may be paid although they
B, P, S
Subsidiarily differ as to the basis of the indemnity. It is
liable to owner the current market value of the
of materials improvements which should be made the
(449, 450, basis of reimbursement to the builder in
451) good faith (Pecson vs. CA, GR No. 94033,
Bad Faith Good Faith Bad Faith May 29, 1995).
Acquire Indemnity for No indemnity;  Article 448 refers to a land whose
improvements damages lose materials ownership is claimed by two or more
& pay Remove (449) parties, one of whom has built some
indemnity & improvements works, or sown or planted something. It
damages to B, in any event does not apply to a case where the owner
P, S (454, 447) of the land is the builder, sower, or planter
(454,447) who then later loses ownership of the land
by sale or donation. Where the true owner
Article 448: himself is the builder of the works, the
Application: issue of good faith or bad faith is entirely
 Applies only when the builder, planter or irrelevant. The rule on good faith laid down
sower believes he has the right to build, in Article 526 of the Civil Code shall be
plant or sow because he thinks he owns applied to determine the good faith of the
the land or believes himself to have a builder in Article 448. (Pecson v CA GR
claim of title (Morales vs. CA, GR No. No. 115814, et al. , May 26, 1995)
126196, January 28, 1998).  After the government sold the property of
 When the co-ownership is terminated by a a person due to non-payment of taxes, the
partition and it appears that the house of buyer moved for delivery not only of the
an erstwhile co-owner has encroached lot, but even the improvement. Only the lot
upon a portion pertaining to another co- was sold. The motion was granted subject
owner which was however made in good to the condition of reimbursement of the
faith, then the provisions of Art. 448 should value of the improvement. Reason: he is a
apply to determine the respective rights of builder in good faith. He was still the
the parties (Ignao vs. Intermediate owner of the lot when he constructed the
Appellate Court GR No. 72876, January improvement.(Nuguid v CA GR No.
18, 1991). 151815, February 23, 2005)
 Does not apply where one’s interest in the
land is merely that of a holder such as a Options of the landowner:
mere lessee under a rental contract  The owner of the land shall have the right
(Balucanag vs. Francisco GR No. L- to appropriate as his own the building,
33422, May 30, 1983), an agent, or a planting or sowing, after payment of the
usufructuary (Macasaet vs. Macasaet GR necessary and useful expenses. The
No. 154391, September 30, 2004). owner of the land may also oblige the
Lessees came into possession of the lot builder, planter or sower to pay the price of
by virtue of a contract of lease. They are the land. If the owner chooses to sell his
then estopped to deny their landlord’s title land, the builder, etc. must purchase the
or to assert a better title not only in land; otherwise, the owner may remove
themselves, but also in some third person the improvements thereon. The builder,
while they remain in possession of the etc. is not obliged to purchase the land if
land until they surrender such possession its value is considerably more than the
to the landlord (Munar v. CA). The building. In such case, the builder, etc.
estoppel applies even though the lessor must pay rent. If the parties cannot come
had no title at the time. The relation of to terms over the conditions of the lease,
lessor and lessee may also be asserted by the court must fix the terms thereof.
the successor’s of the original lessor to the (Ballatan vs. CA, GR No. 125683, March
latter’s title (Feliciano v Sps. Zaldivar, GR. 2, 1999).
No 162593, Sept 26, 2006)  The landowner can choose between
 The provision on indemnity in Art. 448 may appropriating the building by paying the
be applied by analogy considering that the proper indemnity or obliging the builder to

9
 pay the price of the land, unless its value right to choose because it would be
is considerably more than that of the impractical to choose the first alternative
structures, in which case the builder in for the whole improvement might be
good faith shall pay reasonable rent. If the rendered useless, is contrary to the
parties cannot come to terms over the explicit provisions of Art. 448 to the effect
conditions of the lease, the court must fix that "(t)he owner of the land . . . shall have
the terms thereof.(Rosales, et al. v. the right to appropriate . . .or to oblige the
Castellfort, et al., Oct 5, 2005) one who built . . . to pay the price of the
 The landowner may not refuse both to pay land . . . ." The law is clear and
for the building or to sell the land and, unambiguous when it confers the right of
instead seek to compel the owner of the choice upon the landowner and not upon
building to remove the building from the the builder and the courts. (Ignao vs. IAC,
land. He is entitled to such removal ONLY Iganao and Ignao, GR No. 72876 January
when, after having chosen to sell the land, 18, 1991)
the other party fails to pay for said land
(Ignacio vs. Hilario GR No. L-175, April Reason for the law:
30, 1946).  The raison d’etre for the law is that, where
 Should no other arrangement be agreed the builder, planter or sower has acted in
upon, the owner of the land does not good faith, a conflict of rights arises
automatically become the owner of the between the owners, and it becomes
improvement (Filipinas Colleges, Inc. vs. necessary to protect the owner of the
Timbang GR No. L-12812, September 29, improvements without causing injustice to
1959). the owner of the land. In view of the
impracticability of creating a state of forced
Rights of the builder in good faith: co-ownership, the law has provided a just
 He has the right to be reimbursed the solution. (Depra v Dumlao GR No. L-
value of the improvement. He has the right 57348, May 16, 1985)
of retention until fully reimbursed.
 The builder in good faith cannot be Accession Natural
compelled to pay rentals during the period 1. Alluvion or Alluvium (Art. 457-458)
of retention. He cannot be ordered to Increment which lands abutting rivers
vacate. gradually receive as a result of the current
 The owner of the land cannot offset the of the waters
necessary and useful expenses with the
fruits received by the builder in good faith. Accretion - the process by which a
Otherwise, the security would be impaired. riparian land gradually and imperceptibly
(Rosales v Castellfort, Oct 15, 2005) receives addition made by the water to
which the land is contiguous
Right to choose:
 The option to appropriate the building or Requisites of alluvion or accretion:
sell the land belongs to the landowner. a. the deposit or accumulation of soil or
The only right of the builder in good faith is sediment must be gradual and
the right to reimbursement, not to compel imperceptible (increase must be
the owner of the land to sell. The option is comparatively little)
not to buy but to sell. The option is given b. the accretion must result from the
to the landowner because his right is effects or action of the current of the
older, and because of the principle of water
accession, he is entitled to the thing c. that the land where accretion takes
attached to his land. (Quemuel v Olaes place is adjacent to the bank of the
GR No. L-11084, April 29,1961). Not even river
a declaration of the builder’s bad faith
shifts the option to him per Article 450 of  Accretions belong to the riparian
the CC. (Germiniano, et al. v. CA et al. GR owners upon whose lands the alluvial
No. 120303, July 24, 1996) deposits were made (Agustin vs.
 The so-called “workable solution” Intermediate Appellate Court GR Nos.
suggested in the case of Grana vs. CA 66075-76, July 5, 1990).
(GR No. L-49219, April 18, 1988), where
the Court ordered the owner of the land to Reasons for the rule:
sell to the builder, etc. the part of the land a. To compensate the owner for losses
intruded upon thereby depriving him of his which they may suffer by erosion.
 San Beda College of Law
2010 Centralized Bar Operations
b. To compensate them for the burdens b. the segregation and transfer must be
of legal easements, which are sudden or abrupt
imposed upon them c. the portion of land transported must
c. Because it is the owner of the be known or identified
contiguous land who can utilize the
increment to the best advantage Note: The owner must remove (not
d. Because this is the only feasible merely claim) the transported portion
solution, since the previous owners within two years to retain ownership.
can no longer be identified.  Art. 460 applies only to uprooted
trees. If a known portion of land with
 An alluvion is automatically owned by trees standing thereon is carried away
the riparian owner from the moment by the current to another land, Art. 459
the soil deposit can be seen but the govern and the 2 year period applies.
additional area does not automatically  In case of uprooted trees, the owner
become registered land just because retains ownership if he makes a claim
the lot which receives such accretion within 6 months. This does not include
is covered by a Torrens title. The trees which remain planted on a
riparian owner must register the known portion of land carried by the
additional area (Heirs of E. Navarro force of the waters. In the latter case,
vs. Intermediate Appellate Court GR the trees are regarded as accessions
No. 68188, October 13, 1997). of the land through gradual changes in
 Failure to register the acquired alluvial the course of adjoining stream
deposit by accretion subjects said (Payatas-Estate Improvement Co. vs.
accretion to acquisition thru Tuason GR No. L-30067, March 23,
prescription by third persons 1929).
(Reynante vs. CA, GR No. 95907,
April 8, 1992). Alluvium and Avulsion Distinguished
 A riparian owner cannot acquire the Alluvium Avulsion
addition to his land caused by special Gradual and Sudden or abrupt
works (e.g., dikes) expressly intended imperceptible process
by him to bring about accretion (i.e.,
Soil cannot be identified Identifiable and
for reclamation purposes) and not to
verifiable
protect his property from the
destructive force of the waters of the Belongs to the owner of Belongs to the owner
river (Republic vs. CA, GR No. L- the property to which it is from whose property it
attached was detached
43105, August 31, 1984).
 Art 457 excludes all deposits caused
by human intervention. Alluvion must 3. Change of Course of Rivers (Art. 461–
be the exclusive work of nature. (Vda 462)
De Nazareno, et al. v. CA, GR. No.
98405, June 26, 1996 ) Requisites: (NAPA)
 In the absence of evidence that the a. There must be a natural change in the
change in the course of the river was course of the waters of the river;
sudden, the presumption is that the otherwise, the bed may be the subject
change was gradual and was caused of a State grant (Reyes–Puno, p.54).
by alluvium and erosion (Payatas- b. The change must be abrupt or sudden
Estate Improvement Co. vs. Tuason c. The change must be permanent; the
GR No. L-30067, March 23, 1929). rule does not apply to temporary
overflowing
2. Avulsion (Art. 459) d. There must be abandonment by the
The transfer of a known portion of land owner of the bed i.e. a decision not to
from one tenement to another by the force bring back the river to the old bed.
of the current. The portion of land must be (Reyes–Puno, p.53).
such that it can be identified as coming
from a definite tenement.  Once the river bed has been
abandoned, the owners of the invaded
Requisites: land become owners of the
a. the segregation and transfer must be abandoned bed to the extent as
caused by the current of a river, creek provided by Art. 462. No positive act is
or torrent needed on their part, as it is subject

11
 thereto ipso jure from the moment the
mode of acquisition becomes evident.
 It does not apply to cases where the
river simply dries up because there
are no persons whose lands are
occupied by the waters of the river.

4. Formation of Islands (Arts. 463–465)

Rules on Ownership:
a. If formed by the sea:
i. within territorial waters – State
ii. outside territorial waters – to the
first occupant
b. If formed in lakes, or navigable or
floatable rivers – State
c. If formed on non–navigable or non–
floatable rivers:
i. if nearer to one margin or bank –
to the nearer riparian owner
ii. if equidistant from both banks – to
the riparian owners, by halves

 There is no accession when islands

are formed by the branching of a river;
the owner retains ownership of the
isolated piece of land.
 San Beda College of Law
Property

Right of Accession With Respect to Exceptions: If the accessory is much

Personal Property more precious than the principal, the
owner of the accessory may demand
Basic Principle: Accession exists only if the separation even if the principal
separation is not feasible. Otherwise, suffers some injury
separation may be demanded.
b. Adjunction in bad faith by the owner of
Kinds: the principal
1. Adjunction/ conjunction (Arts. 466-471): Options of the owner of the accessory:
The union of two movable things i. To recover the value plus
belonging to different owners, in such a damages
manner that they cannot be separated ii. To demand separation, even
without injury, thereby forming a single though it may be necessary to
object destroy the principal thing, plus
damages
Requisites:
a. the two things must belong to different c. Adjunction in bad faith by the owner of
owners the accessory
b. that they form a single object, or that i. He loses the accessory
their separation would impair their ii. He is liable for damages
nature
When separation of things allowed:
Kinds: i. Separation without injury
a. Inclusion or engraftment e.g. when a ii. Accessory is more precious than
diamond is set on a gold ring the principal
b. Soldadura or soldering e.g. when lead iii. Owner of the principal acted in
is fused to an object made of lead bad faith
i. Ferruminacion – if both the
accessory and 2. Mixture (Arts. 472-473): Union of
principal objects are of the same materials where the components lose their
metal identity
ii. Plumbatura – if the accessory and
principal objects are of different Kinds:
materials a. Commixtion – mixture of solids
c. Escritura or writing e.g. when a person b. Confusion – mixture of liquids
writes on a paper belonging to another
d. Pintura or painting e.g. when a person Rules:
paints on a canvas belonging to a. By the will of both owners or by
another accident: each owner acquires an
e. Tejido or weaving e.g. when threads interest in proportion to the value of
belonging to different owners are used his material
in making textile b. By one owner in good faith: apply rule
(a)
Tests to determine principal in adjunction: c. By one owner in bad faith:
a. The “rule of importance and purpose” i. he loses all his rights to his own
(Art. 467) material
b. That of greater value – if they are of ii. he is liable for damages
unequal values
c. That of greater volume – if they are of 3. Specification (Art. 474): The
equal values transformation of another’s material by the
d. That of greater merits – take into application of labor. The material
consideration all pertinent provisions becomes a thing of different kind. Labor is
applicable as well as the comparative the principal
merits, utility and volume
Rules:
Rules on who is Entitled: a. Owner of the principal (worker) in
a. Adjunction in good faith by either good faith:
owner: i. maker acquires the new thing
General Rule: Accessory follows the ii. he must indemnify the owner of
principal the material

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 San Beda College of Law
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Exception: if the material is more An action to remove cloud or to quiet title is a

valuable than the resulting thing, the remedy or proceeding in equity, the purpose of
owner of the material has the option: which is the declaration of the invalidity of a
i. to acquire the work, indemnifying claim on a title or the invalidity of an interest in
for the labor, or property adverse to that of the plaintiff, and
ii. to demand indemnity for the thereafter to free the plaintiff and those
material claiming under him form any hostile claim
thereon. It not only aims to place things in their
b. Owner of the principal (worker) in bad proper place, to make the one who has no
faith, the owner of the material has the right to respect and not disturb the other, but
option: also for the benefit of both, so that he who has
i. to acquire the result without the right would see every cloud of doubt over
indemnity the property dissipated, and he could
ii. to demand indemnity for the afterwards without fear introduce the
material plus damages improvements he may desire, to use, and
even to abuse the property as he deems best.
c. Owner of the material in bad faith
i. he loses the material General Rule: Only real property could be the
ii. he is liable for damages subject matter of quieting of title.

Indemnity of the material, how paid (Art Exception: Certain personal properties like
471): vessels may be the object of quieting of title.
a. The delivery of the same kind and
value and in all other respects to that Nature:
employed; or Actions for quieting of title are neither suits in
b. The payment of the value, as per rem nor suits in personam. They are suits
expert appraisal. against a particular person in respect to the
res and the judgment will apply only to the
 In determining the value, sentimental property in dispute. They are suits quasi in
value must be taken into account. rem (Realty Sales Enterprises, Inc. vs.
Intermediate Appellate Court GR No. L-67451,
Adjunction, Mixture and Specification September 28, 1987).
Distinguished
Requisites: (LCD-R)
Adjunction Mixture Specification
1. Plaintiff must have a legal or equitable title
Involves at Involves at May involve one to, or interest in the real property which is
least 2 things least 2 thing (or more) the subject matter of the action;
things but form is
2. There must be a cloud in such title;
changed
3. Such cloud must be due to some
Accessory Co- Accessory instrument, record, claim, encumbrance or
follows the ownership follows the proceeding which is APPARENTLY VALID
principal results principal
but is in truth invalid, ineffective, voidable
Things joined Things The new object or unenforceable, and is prejudicial to the
retain their mixed or retains or plaintiff’s title; and
nature confused preserves the 4. Plaintiff must return to the defendant all
may either nature of the
retain or original object.
benefits he may have received from the
lose their latter, or reimburse him for expenses that
respective may have redounded to his benefit.
natures
Classes:
QUIETING OF TITLE (Arts. 476–481) 1. Remedial (Action to quiet title) - the action
may be brought to remove a cloud or quiet
Cloud on title title to real property or an interest therein
A semblance of title, either legal or equitable, (Art. 476 par. 1)
or a claim or a right in real property, appearing 2. Preventive (Action quia timet) - to prevent
in some legal form but which is, in fact, invalid a future cloud (doubt) from being cast
or which would be inequitable to enforce upon the title to real property or an interest
therein (Art. 476 par. 2).
Action to quiet title
Prescriptive Period:

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 San Beda College of Law
Property

1. Plaintiff in possession – imprescriptible, tree is liable for damages under the law on
because the owner is given the continuing quasi-delict (Art. 2191, par. 3).
aid by the court to ascertain and determine
the nature of such claim and its effect on CO- OWNERSHIP
his title. He can wait until his possession is
disturbed and attacked before taking steps
to vindicate his right. (Coronel v IAC, GR That form of ownership which exists whenever
No. 70191, October 29, 1987) an undivided thing or right belongs to different
2. Plaintiff not in possession – 10 (ordinary) persons.
or 30 years (extraordinary)  By the nature of co–ownership, a co–
owner cannot point to any specific portion
The action to quiet title does NOT apply: of the property owned in common as his
1. To questions involving interpretation of own because his share in it remains
documents intangible and ideal (Avila et al. vs. Sps.
2. To mere written or oral assertions of Barabat GR No. 141993, May 17, 2006).
claims, EXCEPT:  The possession of a co–owner is like that
a. if made in a legal proceeding of a trustee and shall not be regarded as
b. if it is being asserted that the adverse to the other co–owner but in fact
instrument or entry in plaintiff’s favor is beneficial to all of them (Salvador vs. CA,
not what it purports to be G.R. No. 109910, April 5, 1995)
3. To boundary disputes
4. To deeds by strangers to the title UNLESS REQUISITES:
purporting to convey the property of the 1. Plurality of owners
plaintiff 2. The object of ownership must be a thing
5. To instruments invalid on their face or right which is undivided
6. Where the validity of the instrument 3. Each co–owner’s right must be limited
involves pure questions of law only to his ideal share of the physical
whole
Duty of plaintiff to restore benefits and
expenses (Art. 479): CHARACTERISTICS: (PSNCLG)
1. Restoration is required whenever the 1. Plurality of subjects/owners
complainant is shown to be morally bound 2. There is a single object which is not
to reimburse the defendant materially divided
2. Even if the debt is not enforceable by 3. There is no mutual representation by the
reason of the statue of limitations, co–owners
payment may be required by the court 4. It exists for the common enjoyment of the
co–owners
Reason: “He who seeks equity must do 5. It has no distinct legal personality
equity.” 6. It is governed first of all by the contract of
the parties; otherwise, by special legal
RUINOUS BUILDINGS AND TREES IN provisions, and in default of such
DANGER OF FALLING (Arts. 482–483): provisions, by the provisions of Title III on
co–ownership
As to buildings:
 The complainant must show that his SOURCES: (C2LOST)
property is adjacent to the dangerous 1. Contract
construction, or must have to pass by 2. Chance
necessity in the immediate vicinity. 3. Law
 Lack of knowledge of the falling condition 4. Occupation
of the structure will not excuse the owner 5. Succession
from liability. 6. Testamentary disposition or donation inter
vivos
 If the damage is caused by defects in the
construction, then the builder is
Co–ownership and Partnership
responsible for the damages.
Distinguished
Co–Ownership Partnership
As to trees: Can be created Can be created
 If by the the fall of the tree, occasioned by without the only by contract,
the inaction or negligence of the owner, Creation
formalities of a express or
someone has been hurt, the owner of the contract implied
Personality Has no juridical Has juridical

46
 San Beda College of Law
2010 Centralized Bar Operations

or legal
personality 3. To the benefits of prescription:
distinct from the prescription by one co–owner benefits
personality
partners all.
Purpose is 4. Repairs and taxes: to compel the
collective Purpose is to
Purpose others to share in the expenses of
enjoyment of obtain profits
the thing preservation even if incurred without
Co–owner can prior notice.
dispose of his A partner, unless  The co–owner being compelled
shares without authorized, may exempt himself from the
the consent of cannot dispose payment of taxes and expenses
Disposal of the others with of his share and by renouncing his share
Share the substitute equivalent to such taxes and
transferee another as a expenses. The value of the
automatically partner in his
becoming a co– place.
property at the time of the
owner. renunciation will be the basis of
There is no A partner can the portion to be renounced.
Mutual 5. Alterations: to oppose alterations
mutual generally bind
Agency
representation. the partnership. made without the consent of all, even
Distribution of if beneficial.
profits must be Distribution of Alteration is an act by virtue of which a
Distribution proportional to profits is subject co–owner changes the thing from the
of Profits the respective to the stipulation state in which the others believe it
interests of the of the parties
should remain, or withdraws it from
co–owners
A co– the use to which they desire it to be
ownership is Death or intended.
Effect of 6. To protest against seriously prejudicial
not dissolved incapacity
Death or decisions of the majority
by the death or dissolves the
Incapacity
incapacity of a partnership 7. Legal redemption: to be exercised
co–owner. within 30 days from written notice of
No public sale of an undivided share of another
instrument May be made in co–owner to a stranger
needed even if any form except
Formal 8. To defend the co–ownership’s interest
real property is when real
Requisites
the object of property is
in court
the co– contributed 9. To demand partition at any time
ownership Partition is the division between 2 or
An agreement more persons of real or personal
There may be
to keep the property which they own in common
agreement as to
Agreement thing undivided so that each may enjoy and possess
a definite term
as to Period for a period of his sole estate to the exclusion of and
without limit set
more than 10 without interference from others.
by law.
years is void. (Avila vs. Sps. Barabat GR No.
141993, March 17, 2006). An action
RULES: for partition is at once an action for
A. Rights of each co–owner as to the thing declaration of co-ownership and for
owned in common: (USBRAP–LDP) segregation and conveyance of a
1. To use the thing owned in common determinate portion of the properties
Limitations: involved (Balo v. CA, G.R. No.
a. use according to the purpose for 129704)
which it was intended
b. interest of the co–ownership must
General Rule: Partition is
not be prejudiced
demandable by any of the co–
c. other co–owners must not be
owners as a matter of right at any
prevented from using it according
time.
to their own rights
2. To share in the benefits and charges
Exceptions: (SCLUPA)
in proportion to the interest of each.
a. When there is a stipulation against
 Any stipulation to the contrary is it; but not to exceed 10 years.
void. b. When the condition of indivision is
imposed by the donor or testator;
but not to exceed 20 years.

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Property

c. When the legal nature of the G.R. No. 157493, February 5,

community prevents partition. 2007)
d. When partition would render the  In such cases, the remedy is to
thing unserviceable. ask for partition, not to ask for the
e. When partition is prohibited by law nullity of the sale. (Aguirre, et. al
f. When another co–owner has vs. CA, et al., GR No. 122249,
possessed the property as January 29, 2004).
exclusive owner for a period
sufficient to acquire it by  A co-owner cannot acquire by prescription
prescription. the share of the co-owners, absent any
clear repudiation of the co-ownership. In
B. The following questions are governed order that the title may prescribe in
by the majority of interests: favor of a co-owner, the following
1. Management requisites must concur: (1) the co-owner
Acts of Management (Castan) has performed unequivocal acts of
a. Those that do not involve an repudiation amounting to an ouster of the
alteration other co-owners; (2) such positive acts of
b. Are renewable from time to time repudiation have been made known to the
c. Do not bind the community for a other co-owners; and (3) the evidence
long time in the future thereof is clear and convincing (Robles vs.
d. Do not give rise to a real right over CA, GR No. 123509, March 14, 2000).
the thing owned in common  Mere receiving of rents or profits, payment
(Reyes-Puno. p.73). of taxes, or construction of a fence or
 Minority may appeal to the court building would not be sufficient proof of
against the majority’s decision if exclusive or adverse possession because
the same is seriously prejudicial. anyone in the co-ownership may do it.
2. Enjoyment (Laguna v. Levantino GR No. L-47386,
3. Improvement or embellishment April 18, 1941 )
 The act of executing the affidavit of self–
C. Rights as to the ideal share of each co– adjudication did not constitute sufficient
owner: act of repudiation. In fact, there was bad
1. Each has full ownership of his part faith of the co–heir in feigning sole
and of his share of the fruits and ownership of the property to the exclusion
benefits of the other co–heirs. (Galvez vs. CA, GR
2. Right to substitute another person in No. 157954, March 24, 2006).
its enjoyment, EXCEPT when  The Torrens title does not furnish a shield
personal rights are involved for fraud. Thus, where one registered the
3. Right to alienate, dispose or encumber property in question in his name in fraud of
4. Right to renounce part of his interest his co–heirs, prescription can only be
to reimburse necessary expenses deemed to have commenced from the
incurred by another co–owner time the latter discovers the fraudulent act
5. Transactions entered into by each co– (Adille vs. CA, GR No. L-46484 January
owner only affect his ideal share. 29, 1988).
 When a co-owner sells the whole  Under the law, anyone of the co–owners
property as his, the sale affects may bring an action in ejectment (Art.
only the seller’s share pro indiviso 487). This can be done without joining all
and the transferee gets only what other co-owners because the suit is
corresponds to his grantor’s share presumed to have been filed for the
in the partition of the property benefit of his co–owners. But if the suit is
owned in common. Since a co- for the benefit of the plaintiff alone who
owner is entitled to sell his claims to be the sole owner and entitled to
undivided share, a sale of the the possession of the litigated property the
entire property by one co-owner action should be dismissed and it will not
without the consent of the other co- prosper especially so that there is
owners is not null and void; only evidence of co–ownership of the property,
the rights of the co-owners/seller and there is no showing that they waived
are transferred, thereby making the their rights (Baloloy vs. Hular GR No.
buyer a co-owner of the property 159723. September 9, 2004).
(Oesmer vs. Paraiso Dev’t Corp.,  Redemption of the whole property by the
co owner does not vest in him sole

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ownership over the said property. areas are opposed to restoration of the
Redemption duly made within the period projects;
prescribed by law inures to the benefit of 3. When the project has been in existence for
the co-ownership and does not put an end more than 50 years, that it is obsolete and
to its existence (Mariano vs CA, G.R. No. uneconomic, and the condominium
101522, May 28, 1993). owners holding in aggregate more than
50% interest in the common areas are
EXTINGUISHMENT OF CO–OWNERSHIP opposed to restoration, remodeling or
(CALSTEP): modernizing;
1. Consolidation or merger in one co–owner 4. When the project or a material part thereof
2. Acquisitive prescription in favor of a third has been condemned or expropriated and
person or a co–owner who repudiates the the project is no longer viable, or that the
co–ownership condominium owners holding in aggregate
3. Loss or destruction of property co–owned more than 70% interest in the common
4. Sale of property co–owned areas are opposed to the continuation of
5. Termination of period agreed upon by the the condominium regime;
co–owners 5. When conditions for partition by sale set
6. Expropriation forth in the declaration of restrictions duly
7. Judicial or extra–judicial partition registered have been met.

CONDOMINIUM ACT (R.A. 4726) SOME SPECIAL PROPERTIES

Condominium - an interest in real property
WATERS (Arts. 502-518)
consisting of a separate interest in a unit in a
residential, industrial or commercial building
Laws Governing Waters:
and an undivided interest in common, directly
1. Civil Code of the Philippines
or indirectly, in the land on which it is located
2. Spanish Law on Waters of August 3, 1866
and in other common areas of the building.
3. The Irrigation Acts, Act 2152 and its
amendments
 Any transfer or conveyance of a unit or an
4. Water Power Act No. 4062
apartment, office or store or other space
5. Art. XII , Sec 2 of the Philippine
therein, shall include transfer or
Constitution
conveyance of the undivided interest in the
6. Water Code of the Philippines
common areas or, in a proper case, the
membership or shareholdings in the
Classification
condominium corporation: Provided,
1. Waters public per se (water is the
however, that where the common areas in
principal); the bed follows the character of
the condominium project are held by the
the water
owners of separate units as co–owners
2. Waters public or private according to their
thereof, no condominium unit therein shall
bed (water is accessory to bed)
be conveyed or transferred to persons
3. Waters public by special provision
other than Filipino citizens or corporations
at least 60% of the capital stock of which
MINERALS (Art. 519)
belong to Filipino citizens, except in cases
of hereditary succession.
Laws Governing Minerals:
1. Before 1902: R.D. sobre Mineria 1867
General Rule: Common areas shall remain
2. Between 1902-1906: The Philippine Bill of
undivided, and there shall be no judicial
1902 and Legislative Acts
partition thereof
3. Art. XII of the Philippine Constitution
4. Present: Mineral Resources Development
Exceptions:
Decree of 1974 (P.D. 463) and the Civil
1. When the project has not been rebuilt or
Code of the Philippines
repaired substantially to its state prior to its
damage or destruction 3 years after
Minerals – all inorganic substances found in
damage or destruction which rendered a
nature, whether in solid, liquid, gaseous, or
material part thereof unfit for use;
any intermediate state, with the exception of
2. When damage or destruction has
soil which supports the organic life, and of
rendered ½ or more of the units untenable
ordinary earth, gravel, sand, and stone which
and that the condominium owners holding
are used for building or construction purposes
more than 30% interest in the common

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TRADEMARK AND TRADE NAMES (Arts. CLASSES:

520-523) 1. In one’s own name – where possessor
claims the thing for himself
Laws Governing Trademarks and Trade 2. In the name of another – for whom the
names: thing is held by the possessor
1. Intellectual Property Code (RA 8293) 3. In the concept of owner – possessor of
2. Civil Code of the Philippines thing or right, by his actions, is considered
or believed by others as the owner,
POSSESSION regardless of good or bad faith of the
possessor
 Possessor in the concept of an owner
CONCEPT: is presumed with just title. (Art. 541)
1. As an act – the holding of a thing or the 4. In the concept of holder – possessor
enjoyment of a right with the intention to holds it merely to keep or enjoy it, the
possess in one’s own right ownership pertaining to another person;
2. As a fact – when there is holding or possessor acknowledges in another a
enjoyment superior right which he believes to be
3. As a right – the right of a person to ownership; cannot acquire ownership by
holding or enjoyment to the exclusion of all prescription
others having better right than the
 None of these holders may assert a
possessor
claim of ownership for himself over the
a. Jus possidendi - right to possession
thing but they may be considered as
which is incidental to or included in the
possessors in the concept of owner, or
right of ownership
under claim of ownership, with respect
b. Jus possessionis – right of possession
to the right they respectively exercise
independent from the right of
over the thing.
ownership
5. In good faith – possessor is not aware
that there is in his title or mode of
REQUISITES:
acquisition a defect that invalidates it
1. Occupancy, apprehension, or taking of a
thing or right (possession in fact);
Requisites:
2. Deliberate intention to possess (animus
a. Ostensible title or mode of acquisition
possidendi)
b. Vice or defect in the title
 An insane or demented person c. Possessor is ignorant of the vice or
CANNOT acquire possession as they defect and must have an honest belief
are incapable of understanding the that the thing belongs to him
import of their actions.
 Gross and inexcusable ignorance of
3. By virtue of one’s own right – in his own
the law may not be the basis of good
name or in that of another.
faith, but possible excusable
ignorance may be such basis (Kasilag
DEGREES:
vs. Roque GR No. 46623, December
1. Possession without any title
7, 1939).
whatsoever - mere holding without any
6. In bad faith – possessor is aware of the
right at all (ex. thief or squatter)
invalidating defect in his own title.
2. Possession with juridical title -
 Only personal knowledge of the flaw in
predicated on juridical relation existing
one’s title or mode of acquisition can
between the possessor and the owner (ex.
make him a possessor in bad faith. It
lessee, usufructuary, depositary, agent,
is not transmissible even to an heir.
pledgee and trustee)
3. Possession with just title – the  Possession in good faith ceases from
possession of an adverse claimant whose the moment defects in his title are
title is sufficient to transfer ownership but made known to the possessor
is defective (ex. when the seller is not the
true owner or could not transmit his rights EXTENT OF POSSESSION:
thereto to a possessor who acted in GF) 1. Actual possession – occupancy in fact of
4. Possession with a title in fee simple - the whole or at least substantially the
derived from the right of dominion or whole property
possession of an owner; the highest 2. Constructive possession – occupancy of
degree of possession part, in the name of the whole, under such
circumstances that the law extends the
occupancy to the possession of the whole

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Doctrine of constructive possession – b. Effect of bad faith of the decedent –

possession in the eyes of the law does not One who succeeds by hereditary title
mean that a man has to have his feet on shall not suffer the consequences of
every square meter of ground before it can the wrongful possession of the
be said that he is in possession (Ramos decedent unless it is shown that he
vs. Director of Lands GR No. 13298, had knowledge of the defects affecting
November 19, 1918). it; but the effects of possession in
good faith shall not benefit him except
PRESUMPTIONS IN FAVOR OF from the death of the decedent (Art.
POSSESSOR: 534).
1. Of good faith (Art. 527)
2. Of continuity of initial good faith (Art. 528) Conflicts between Several Claimants:
3. Of enjoyment in the same character in General Rule: Possession cannot be
which possession was acquired until the recognized in two different personalities
contrary is proved (Art. 529)
4. Of non–interruption in favor of the present Exception: In case of co–possession when
possessor (Art. 554) there is no conflict
5. Of continuous possession by the one who
recovers possession of which he was Criteria in Case of Dispute:
wrongfully deprived (Art. 561) 1. Present/actual possessor shall be
6. Of extension of possession of real preferred
property to all movables contained therein 2. If there are two possessors, the one longer
(Art. 542) in possession
3. If the dates of possession are the same,
OBJECT OF POSSESSION: the one with a title
General Rule: All things and rights 4. If all the above are equal, the fact of
susceptible of being appropriated (Art. 530) possession shall be judicially determined,
and in the meantime, the thing shall be
Exceptions: placed in judicial deposit
1. Res communes  Possession cannot be acquired
2. Property of public dominion through force or violence. To all
3. Discontinuous servitudes intents and purposes, a possessor,
4. Non–apparent servitudes even if physically ousted, is still
deemed the legal possessor
ACQUISITION OF POSSESSION (Arts. 531- (Caqueña vs. Bolante GR No.
538) 137944, April 6, 2000).
 A person who believes himself entitled
Manner of acquiring possession: to the possession of property may not
1. Material occupation of the thing or take the law into his hands (Bishop of
exercise of a right Cebu vs. Mangaron, G.R. No. 1748,
2. Subjection to our will June 1, 1906) or else he will be made
3. Proper acts and legal formalities to suffer the consequences of his
established for acquiring such right lawlessness (Santiago vs. Cruz GR
No. L-31919, March 24, 1930).
Special Cases of Acquisition of
Possession: Effects of Possession (Arts. 539-561)
1. Acquisition through another person. Possessor in Good Possessor in Bad
Where possession is acquired, not by an Faith Faith
agent or representative but by a stranger Fruits Gathered
without agency, possession is not To possessor To owner
acquired until the act is ratified (Art. 532). Cultivation Expenses of Gathered Fruits
Not reimbursed to Reimbursed to
possessor possessor
2. Acquisition by Succession Mortis Causa
Fruits Pending and Charges
a. Time of Acquisition – If the inheritance Prorated according to To owner
is accepted, the estate is transmitted time
without interruption from the death of Production Expenses of Pending Fruits
the predecessor. But the heir who Indemnity pro-rata to No indemnity
repudiates is deemed never to have possessor (owner’s
acquired possession (Art. 533). option) in money, or
by allowing full

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cultivation and d. Possession of another for more than

gathering of all fruits one year
Necessary Expenses  This refers to possession de facto
Reimbursed to Reimbursed to where the possessor loses the
possessor; retention possessor; no
retention
right to a summary action; but he
Useful Expenses may still bring an action publiciana
Reimbursed to No reimbursement or reivindicatoria.
possessor (owner’s e. By reason of the object
option) initial cost i. destruction or total loss of the
plus value may things
remove if no ii. withdrawal from commerce
reimbursement, and no
damage is caused to Acts NOT Constituting Loss of Possession
the principal by the
(Arts. 537–538)
removal
Ornamental Expenses 1. Acts executed by stealth and without
Reimbursement at Owner’s option: knowledge of the possessor
owner’s option: removal, or 2. Acts merely tolerated either by the
removal if no injury, or value at time of possessor or by his representative or
cost without removal recovery holder in his name unless authorized or
Taxes and Charges ratified
(1. on capital, 2. on fruits and 3. charges) 3. Violence
Taxes and charges Taxes and charges 4. Temporary ignorance of the whereabouts
1. Charged to 1. Charged to owner of movable property
owner 2. Charged to owner
2. Charged to 3. To owner
possessor  The possessor who recovers possession
3. Prorated is considered as having had uninterrupted
Improvements no longer existing possession despite these acts of violence,
No reimbursement No reimbursement stealth and tolerance; but he must recover
Liability for accidental loss or deterioration possession by due process, and not
Only if acting with Liable in every case otherwise (Arts. 561, 536, 539)
fraudulent intent or
negligence, after POSSESSION OF MOVABLES (Art. 559):
summons
Improvements due to time or nature
To owner or lawful To owner or lawful
Theory of Irrevindicability - Possession in
possessor possessor good faith of a movable is presumed
ownership. It is equivalent to title. No further
Necessary expenses – made for the proof is necessary (Aznar vs. Yapdiangco,
preservation of the thing G.R. No. L-18536, March 31, 1965). The rule
is necessary for purposes of facilitating
Useful expenses – add value to property or transactions on movable property which are
increase the object’s productivity usually done without special formalities (Sotto
vs. Enage, 43 O.G. 5075 [1947]).
Ornamental/luxury expenses – add value to
the thing only for certain persons in view of Requisites:
their particular whims; neither essential for 1. Possession is in good faith
preservation nor useful to everybody in 2. The owner has voluntarily parted with the
general possession of the thing
3. Possessor is in the concept of owner
LOSS OF POSSESSION (Art. 555)
Exceptions to the Theory of
General Causes: Irrevindicability:
1. By the will of the possessor 1. Where the owner or possessor lost a
a. Abandonment movable
b. Transfer or conveyance 2. Where the owner or possessor has been
2. Against the will of the possessor unlawfully deprived of a movable
a. Eminent domain
b. Acquisitive prescription  If there was a perfected unconditional
c. Judicial decree in favor of one who contract of sale between the seller and the
has a better right buyer and the former voluntarily caused
the transfer, title thereto was acquired.

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The subsequent dishonor of the check 4. May be constituted on real or personal

merely amounted to a failure of property, consumable or non–consumable,
consideration which does not render the tangible or intangible, the ownership of
contract of sale void, but merely allows the which is vested in another
prejudiced party to sue for specific 5. Transmissible
performance or rescission of the contract
and to prosecute the impostor for estafa  A person cannot create a usufruct over his
under Art 315 of the RPC. (EDCA own property and at the same time retain
Publishing vs. Santos, G.R. No. 80298, ownership of the same. For usufruct is
April 26, 1990) essentially jus in re aliena; and to be a
usufructuary of one’s own property is, in
General Rule: One who has lost or has been law, a contradiction in terms and a
unlawfully deprived of a movable may recover conceptual absurdity. (Gaboya v Cui, GR.
it from whoever possesses it without No. L-19614, March 27, 1971)
reimbursement. The owner of the thing must
prove: KINDS OF USUFRUCTUARY ACCORDING
1. Ownership of the thing, and TO ORIGIN:
2. Loss or unlawful deprivation; or bad faith 1. Legal – created by law such as usufruct of
of the possessor. the parents over the property of their
unemancipated children
Exceptions: 2. Voluntary – created by will of the parties
1. Where the owner acts negligently or either by act inter vivos such as donation
voluntarily parts with the thing owned, he or by act mortis causa such as in a last will
cannot recover it from the possessor. and testament
2. If the possessor of the movable acquired it 3. Mixed – acquired by prescription such as
in good faith at a public sale, the owner when believing himself to be the owner of
cannot obtain its return without the property of an absentee, gave in his
reimbursing the price paid therefor. will the usufruct of the property for the
requisite prescriptive period to his wife,
Public Sale – one where there has been a who possessed it in good faith as
public notice of the sale in which anyone is usufructuary, and naked ownership to his
allowed to bid for the object he desires to buy. brother

Possession of Animals (Art. 560): RULES GOVERNING USUFRUCT:

Wild Animals – living in a state of nature Governed primarily by the title creating it, or in
independently of and without the aid and care the absence thereof, by Articles 566-612 of
of man; considered possessed only while they the Civil Code.
are under man’s control
Normal Usufruct and Abnormal Usufruct
Domesticated/ Tamed Animals - wild or Distinguished
savage by nature but have been subdued and Normal Usufruct Abnormal Usufruct
became accustomed to live in a tamed
That which involves non- That which involves
condition; considered possessed if they consumable things things which would be
habitually return to the premises of their which the usufructuary useless to the
possessor; live, born and reared under the can enjoy without usufructuary unless
control and care of man altering their form or they are consumed or
substance, though they expended, such as
may deteriorate or money, grain, liquors,
USUFRUCT
diminish by time or use etc.
Gives the right to enjoy the property of another
with the obligation of preserving its form and General Rule: Usufructuary is bound to
substance, unless the title constituting it or the preserve the form and substance of the thing
law otherwise provides. in usufruct.

CHARACTERISTICS: Exception: Abnormal usufruct whereby the

1. Real right law or the will of the parties may allow the
2. Of temporary duration modification of the substance of the thing.
3. To derive all advantages from the thing
due to normal exploitation

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Usufruct and Lease Distinguished d. To lease the thing, generally, for the
Usufruct Lease same or shorter period as the
Nature of Always a real Generally a usufruct.
Right right personal right e. To improve the thing without altering
its form and substance
Person creating
Lessor may f. Right to set–off the improvements he
the usufruct
not be the may have made on the property
Creator of should be the
owner,ex. against any damage to the same
Right owner or his
Sub-lessor, g. To retain the thing until he is
duly authorized
usufructuary
agent reimbursed for advances for
Generally extraordinary expenses and taxes on
May be created created by the capital
by law, by contract h. To collect reimbursements from the
contract, by will owner for indispensable extraordinary
Origin
of the testator, Exception: by repairs, taxes on the capital he
or by law, i.e. advanced, and damages caused to
prescription implied new him.
lease i. To remove improvements made by
As a rule, him if the same will not injure the
Lease
usufruct covers property
generally
Extent of all the fruits and
refers to uses
Enjoyment all the uses and
only,i.e. those 2. As to the usufruct itself:
benefits of the
entire property.
stipulated a. To mortgage the right of usufruct
except parental usufruct
Involves a more Lease b. To alienate the usufruct
or less passive involves a
c. To bring action and oblige owner
owner who more active
allows the owner or thereof to give him proper authority
Cause and necessary proof in a usufruct to
usufructuary to lessor who
enjoy the object makes the recover property or a real right
given in lessee to
usufruct enjoy 3. At the expiration of the usufruct:
Lessee is not a. To collect reimbursement from the
Usufructuary generally owner:
pays for under i. For indispensable extraordinary
Repairs and
Taxes
ordinary repairs obligation to repairs made by the usufructuary
and taxes on undertake ii. For taxes on the capital advanced
the fruits repairs or pay by the usufructuary
taxes iii. For damages caused by the
usufructuary
SPECIAL USUFRUCTS: b. To retain the thing until reimbursement
1. Of pension or income (Art. 570) is made
2. Of property owned in common (Art. 582) c. To remove improvements made by
3. Of cattle (livestock) (Art. 591) him, but without injuring the property
4. On vineyards and woodlands (Art. 575–
576) 4. Other Rights:
5. On a right of action (Art. 578) a. Right to make use of the land and
6. On mortgaged property (Art. 600) materials, when building forming part
7. Over the entire patrimony (Art. 598) of the usufruct on immovable has
8. Over things which gradually deteriorate been destroyed in any manner (Same
(Art. 573) rule if Usufruct is constituted on
9. Of consumable property (Art. 574) building only)
b. If usufructuary shares in insurance of
RIGHTS OF THE USUFRUCTUARY tenement in usufruct, and it was lost,
1. As to the thing and its fruits: he shall continue in enjoyment of the
a. To receive and benefit from the fruits new one if one be constructed OR
b. To enjoy any increase through receive interest on the insurance
accessions and servitudes indemnity.
c. To the half of the hidden treasure he
accidentally finds  In a usufruct, only the jus utendi and jus
fruendi over the property are transferred to

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the usufructuary. The owner of the b. The net product shall be delivered to
property maintains the jus disponendi or the usufructuary
the power to alienate, encumber, c. Usufructuary cannot collect credits
transform, and even destroy the same due or make investments of the capital
(Hemedes vs. CA, GR No. 107132, without the consent of the owner or of
October 8, 1999). the court until the bond is given
 Under the Massachusetts Rule, a stock
dividend is considered part of the capital B. During the usufruct:
and belongs to the remainderman; while 1. To take care of the property
under the Pennsylvania Rule, all earnings 2. To replace with the young thereof
of a corporation, when declared as animals that die or are lost in certain
dividends in whatever form, made during cases when the usufruct is constituted
the lifetime of the usufructuary, belong to on flock or herd of livestock
the latter. The Pennsylvania Rule is more 3. To make ordinary repairs
in accord with our laws than the 4. To notify the owner of urgent extra–
Massachusetts Rule (Bachrach vs. Seifert ordinary repairs
and Elianoff, GR No. L-2659, October 12, 5. To permit works and improvements by
1950). the naked owner not prejudicial to the
 Corollary to the right to all the rents, to usufruct
choose the tenant, and to fix the amount of 6. To pay annual taxes and charges on
the rents, a usufructuary of the rents has the fruits
the right to choose himself as the tenant, 7. To pay interest on taxes on capital
provided that the obligations he has paid by the naked owner
assumed towards the owner of the 8. To pay debts when the usufruct is
property are fulfilled (Fabie vs. Gutierrez constituted on the whole patrimony
David, GR No. L-123, December 12, 9. To secure the naked owner’s or
1945). court’s approval to collect credits in
certain cases
OBLIGATIONS OF THE USUFRUCTUARY 10. To notify the owner of any prejudicial
A. Before exercising the usufruct: act committed by third persons
1. To make an inventory of the property 11. To pay for court expenses and costs
2. To give a bond, EXCEPT regarding usufruct
a. When no prejudice would result
b. When the usufruct is reserved by C. At the termination of the usufruct:
the donor or parents 1. To return the thing in usufruct to the
c. In cases of caucion juratoria owner unless there is a right of
where the usufructuary, being retention
unable to file the required bond or 2. To pay legal interest on the amount
security, files a verified petition in spent by the owner for extraordinary
the proper court asking for the repairs or taxes on the capital
delivery of the house and furniture 3. To indemnify the owner for any losses
necessary for himself and his due to his negligence or of his
family without any bond or transferees
security.
i. Takes an oath to take care of RIGHTS OF THE OWNER DURING THE
the things and restore them USUFRUCT:
ii. Property cannot be alienated 1. He retains title
or leased because this would 2. He may alienate the property, but he may
mean that the usufructuary not:
does not need it a. Alter the form or substance of the
thing
Effects of failure to post bond: b. Do anything prejudicial to the
a. Owner shall have the following usufructuary
options: 3. He may construct buildings, make
i. receivership of realty, sale of improvements and plantings, provided:
movables, deposit of securities, or a. The value of the usufruct is not
investment of money; OR impaired
ii. retention of the property as b. The rights of the usufructuary are not
administrator prejudiced

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OBLIGATIONS OF THE OWNER AT THE Easement and Servitude Distinguished

EXPIRATION OF THE USUFRUCT: Easement Servitude
1. To make reimbursement for advances of Origin
the usufructuary
2. To cancel the bond, upon discharge of the English law Roman law
usufructuary’s obligations Recipient of Benefit
3. To respect leases of rural lands by the Always real May be real or
usufructuary for the balance of the personal (broader)
agricultural year
CHARACTERISTICS:
EXTINGUISHMENT OF USUFRUCT: 1. It is a real right but will affect third persons
PT2DERM (Art. 603) only when duly registered.
1. Prescription 2. It is enjoyed over another immovable,
2. Termination of right of the person never on one’s own property.
constituting the usufruct 3. It involves two neighboring estates (in
3. Total loss of the thing case of real easements).
4. Death of the usufructuary, unless contrary 4. It is inseparable from the estate to which it
intention appears is attached, and, therefore, cannot be
5. Expiration of the period or fulfillment of the alienated independently of the estate.
resolutory condition 5. It is indivisible for it is not affected by the
6. Renunciation of the usufructuary division of the estate between two or more
7. Merger of the usufruct and ownership in persons. The mere fact that the property
the same person was subdivided does not extinguish the
easement as per Article 618.
 The owner of the property imposed as 6. It is a right limited by the needs of the
condition for the continuation of the usufruct dominant owner or estate, without
over the property by his kins that they should possession.
maintain an atmosphere of cooperation, live 7. It cannot consist in the doing of an act
in harmony and avoid bickering. There was unless the act is accessory in relation to a
a continuing animosity among the kins, real easement.
hence, it is a ground for termination of the 8. It is a limitation on the servient owner’s
usufruct. The deterioration of the relations of rights of ownership for the benefit of the
the kins to an almost irretrievable level is a dominant owner; and, therefore, it is not
good reason for the termination of the presumed.
usufruct. (Moralidad v. Pernes GR No.
152809, August 3, 2006) It is an abnormal restriction on the
 Thing lost in part, right on the remaining part property rights of the servient owner. Thus
continues (Art. 604). it is incumbent upon the dominant estate
 Usufruct cannot be constituted in favor of owner to establish the presence of all the
town, corporation or association for more preconditions for easement (Cristobal v.
than 50 years (Art. 605). CA, GR No. 125339, June 22, 1998).
 Usufruct with duration dependent on the
time that may elapse before a third person CLASSIFICATION:
attains a certain age (expires when that 1. As to recipient of benefit:
person attains that age) subsists even if a. Real/Predial – when the easement is
such person dies before the period expires in favor of another immovable
unless such usufruct is expressly granted b. Personal – when it is in favor of a
only in consideration of the existence of community or of one or more persons
such person (Art. 606). i. Public – if it is vested in the public
 Usufruct in favor of several persons not at large or in some class of
extinguished until death of last survivor (Art. indeterminate individuals
611). ii. Private – if it is vested in a
determinate individual or certain
EASEMENT OR SERVITUDE persons
2. As to its source:
a. Voluntary – when the easement is
Encumbrance imposed upon an immovable for established by the will or agreement of
the benefit of a community or one or more the parties or by a testator
persons or for the benefit of another
immovable belonging to a different owner.

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b. Legal – when it is imposed by law MODES OF ACQUISITION: (PDFAT)

either for public use or in the interest 1. By prescription of 10 years (continuous
of private persons and apparent easements)
c. Mixed – when it is created partly by a. Positive servitude - counted from the
will or agreement and partly by law day their exercise commences.
3. As to its exercise: b. Negative servitude - counted from the
a. Continuous Easements – those the formal prohibition to the servient
use of which is, or may be, incessant owner to do any act opposed to the
without the intervention of any act of servitude (Art. 621). There must be a
man notarized document.
b. Discontinuous Easements – those 2. By deed of recognition
which are used at intervals and 3. By final judgment
depend upon the acts of man 4. By apparent sign established by the owner
4. As to the indication of their existence: of two adjoining estates, unless:
a. Apparent Easements – those which a. There are contrary stipulations or
are made known and are continually b. The sign is effaced
kept in view by external signs that 5. By title
reveal the use and enjoyment of the
same Dominant Owner – The owner of the
b. Non–apparent Easements – those immovable in favor of which the easement is
which show no external indication of established.
their existence
5. As to duty of servient owner Rights:
a. Positive – the servient owner must 1. To exercise all the rights necessary for the
allow something to be done in his use of the easement
property or do it himself; also called 2. To make on the servient estate all the
“servitudes of intrusion and or/service” works necessary for the use and
b. Negative – the servient owner must preservation of the servitude
refrain from doing something which he 3. To renounce the easement if he desires to
could lawfully do if the easement did exempt himself from contribution to
not exist necessary expenses
4. To ask for mandatory injunction to prevent
Easement and Lease Distinguished impairment of his use of the easement
Easement Lease
Real right, whether Real right only when it Obligations:
registered or not is registered, or when 1. Cannot render the easement or render it
its subject matter is more burdensome
real property and the
2. Notify the servient owner of works
duration exceeds one
year necessary for the use and preservation of
Imposed only on real May involve either real the servitude
property or personal property 3. Choose the most convenient time and
There is a limited right Limited right to both manner in making the necessary works as
to the use of real the possession and to cause the least inconvenience to the
property of another but use of another’s servient owner
without the right of property 4. Contribute to the necessary expenses if
possession there are several dominant estates
Easement and Usufruct Distinguished Servient Owner – The owner of the
Easement Usufruct immovable whose property is subject to
Imposed only on real May involve either real
easement for the benefit of the dominant
property or personal property
Limited to particular or Includes all the uses owner.
specific use of the and the fruits of the
servient estate property Rights:
A non–possessory Involves a right of 1. To retain ownership and possession of the
right over an possession in an servient estate
immovable immovable or movable 2. To make use of the easement, unless
Not extinguished by Extinguished by the there is agreement to the contrary
the death of the death of the 3. To change the place or manner of the
dominant owner usufructuary easement, provided it be equally
convenient

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Obligations: including earth or stones carried with them

1. Cannot impair the use of the easement (Art. 637)
2. Contribute to the necessary expenses in
case he uses the easement, unless there Limitations:
is an agreement to the contrary 1. Dominant owner must not increase the
burden but he may erect works to
EXTINGUISHMENT OF EASEMENTS avoid erosion.
(REMAIN BREW) 2. The servient owner must not impede
1. Redemption agreed upon the descent of the water (but may
2. Expiration of the term or fulfillment of the regulate it).
resolutory condition
3. Merger of ownership of the dominant and B. Easement On Riparian Property (Art.
servient estate 638)
4. Annulment of the title to the servitude
5. Permanent impossibility to use the C. Easement On Dam Or Weir (Art. 639)
easement
6. Non–user for 10 years D. Easement For Watering Cattle (Art.
a. Discontinuous: counted from the day 640): This is a combined easement for
they ceased to be used drawing of water and right of way
b. Continuous: counted from the day an
act adverse to the exercise takes Requisites:
place a. must be imposed for reasons of public
7. Bad condition – when either or both use
estates fall into such a condition that the b. must be in favor of a town or village
easement could not be used c. indemnity must be paid
8. Resolution of the right to create the
servitude, (i.e. in case of pacto de retro, E. Easement of Aqueduct (Arts. 643–646)
when the property is redeemed)  From a forced easement, by virtue of
9. Expropriation of the servient estate which the owner of an estate who
10. Waiver by the dominant owner desires to avail himself of water for the
use of said estate may make such
 The sale of the dominant estate does not waters pass through the intermediate
extinguish the easement. There must be estate with the obligation of
a statement abolishing or extinguishing it. indemnifying the owner of the same
Hence, the use of the servient estate is and also the owner of the estate to
continued by operation of law. (Tanedo which the water may filter or flow
vs. Hon. Bernad, G.R. No. 66520, August
30, 1988) Requisites:
1. Dominant owner must prove that he
LEGAL EASEMENTS has the capacity to dispose of the
water
Kinds of Legal Easements: 2. That the water is sufficient for the
1. Public legal easements – those for public intended use
or communal use, governed primarily by 3. That the course is most convenient,
special laws and by the Civil Code and least onerous to the 3rd person
2. Private legal easements – those for the 4. Payment of indemnity
interest of private persons or for private
use; governing law: F. Easement for the Construction of a
a. Primarily by the agreement of the Stop Lock or Sluice Gate (Art. 647)
interested parties;
b. In the absence thereof, by the G. Easement of Right of Way (Arts. 649–
provisions of general or local laws and 657): The right granted to the owner of an
ordinances; and estate which is surrounded by other
c. In default of (a) and (b), by the Civil estates belonging to other persons and
Code without an adequate outlet to a public
highway to demand that he be allowed a
A. Easement Relating To Waters (Art. 637): passageway throughout such neighboring
Lower estates must receive waters which estates after payment of proper indemnity.
are naturally and without intervention of
man descend from higher estates

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Requisites: coupled with tender of indemnity by

1. Claimant must be the owner of the the servient owner.
enclosed immovable or one with real  Easement of right of way cannot be
right; acquired by prescription because it is
2. The dominant estate is surrounded by discontinuous/intermittent (Ronquillo,
other immovables and there must be et al. vs. Roco GR No. L-10619,
no adequate outlet to a public February 28, 1958).
highway;  The easement of right of way is
3. Right of way must be absolutely discontinuous because it is exercised
necessary; only if a person passes or sets foot on
4. Isolation must not be due to the somebody else’s land. The presence
claimant’s own act; of more or less permanent railroad
5. Easement must be established at the tracks does not change this. It is not
point least prejudicial to the servient the presence of apparent signs or
estate; and insofar as consistent with physical indications showing the
this rule, where the distance from the existence of an easement, but rather
dominant estate to the public highway the manner of exercise thereof, that
may be the shortest; and categorizes such into continuous or
6. Payment of proper indemnity. discontinuous. (Bogo-Medellin Milling
Co., Inc. v. CA, GR No. 124699, July
 The burden of proving the existence of 31, 2003)
the pre-requisites to validly claim a H. Easement of Party Wall (Arts. 658–666)
compulsory right of way lies on the Party Wall - common wall which separates
owner of the dominant estate 2 estates built by common agreement at
(Costabella Corp. vs. CA, GR No. the dividing line such that it occupies a
80511, Jan. 25, 1991). portion of both estates on equal parts
 The criterion of least prejudice to the
servient estate must prevail over the Party Wall and Co–Ownership
criterion of shortest distance (Quimen Distinguished
vs. CA, GR No. 112331, May 29, Party Wall Co–Ownership
1996). Shares of the co–owners
 It is the needs of the dominant Shares of parties
can be divided and
property which ultimately determine separated physically but
cannot be physically
the width of the passage, and these before such division, a
segregated but they
co–owner cannot point to
needs may vary from time to time can be physically
any definite portion of the
(Encarnacion vs. CA, GR No. 76322, identified
property as belonging to
March 11, 1991). him
 The right of way for cattle should not No limitation as to use None of the co–owners
be more than 10 meters wide unless a of the party wall for may use the community
greater width was a vested right under exclusive benefit of a property for his exclusive
laws prior to the Civil Code of 1889 party benefit
(Art. 657). Owner may free himself
 The true standard for the grant of the from contributing to the
cost of repairs and Partial renunciation is
legal right of easement of right of way construction of a party allowed
is adequacy. If there is already an wall by renouncing all
existing outlet from the dominant his rights thereto
estate to a public highway, even if
convenient, the need to open another Presumptions of Existence (juris
is unjustified. (Constabella Corp. vs. tantum):
CA, G.R. No. 80511, January 25, 1. In adjoining walls of buildings, up to
1991) common elevation
2. In dividing walls of gardens and yards
Special Cause of Extinction: (urban)
1. The opening of a public road, or 3. In dividing fences, walls and live
2. Joining the dominant tenement to hedges of rural tenements
another with exit on a public road 4. In ditches or drains between
tenements
 The extinction is NOT automatic.
There must be a demand for extinction

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Rebuttal of Presumption:
1. Title Restrictions on openings in one’s own
2. By contrary proof wall when contiguous (less than 2m) to
3. By signs contrary to the existence of another’s tenement:
the servitude (Arts. 660 & 661) 1. It cannot exceed 30cm each side
2. Openings must be at the height of the
 If the signs are contradictory, they joists, near the ceiling (Choco vs.
cancel each other Santamaria, GR No. 6076, December
29, 1911).
Rights of Part Owners: 3. The abutting owner may:
1. To make use of the wall in proportion a. Close the openings if the wall
to their respective interests, resting becomes a party wall
buildings on it or inserting beams up to b. Block the light by building or
one–half of the wall’s thickness erecting his own wall unless a
2. To increase the height of the wall servitude is acquired by title or
a. At his expense prescription
b. Upon payment of proper indemnity c. Ask for the reduction of the
c. To acquire half interest in any opening to the proper size
increase of thickness or height,
paying a proportionate share in Restrictions as to views:
the cost of the work and of the 1. Direct views: the distance of 2m
land covered by the increase between the wall and the boundary
must be observed
Obligations of Each Part–Owner: 2. Oblique views: (walls perpendicular or
1. To contribute proportionately to the at an angle to the boundary line) must
repair and maintenance unless he not be less than 60cm from the
renounces his part–ownership boundary line to the nearest edge
2. If one part-owner raises the height of of the window
the wall, he must:
a. Bear the cost of maintenance of  Any stipulation permitting lesser
the additions distances is void (Art. 673).
b. Bear the increased expenses of
preservation Modes of Acquisition
c. Bear the cost of construction 1. By title
d. Give additional land, if necessary, 2. By prescription
to thicken the wall a. Positive – counted from the time
of the opening of the window, if it
I. Easement of Light and View (Arts. 667– is through a party wall
673) b. Negative – counted from the
1. Easement of Light (jus luminum) – formal prohibition on the servient
right to admit light from the owner.
neighboring estate by virtue of the
opening of a window or the making of  Mere non–observance of distances
certain openings. prescribed by Art. 670 without formal
prohibition, does not give rise to
Requisites: prescription.
a. Opening must not be greater
than 30 centimeters square, J. Drainage of Buildings (Arts. 674–676)
made on the ceiling or on the wall; 1. Easement of drainage of buildings –
and the right to divert or empty the rain
b. There must be an iron grating waters from one’s own roof or shed to
the neighbor’s estate either drop by
2. Easement of view (jus prospectus) drop or through conduits
– the right to make openings or 2. Easement to receive falling rain
windows, to enjoy the view through waters – deals not with legal
the estate of another and the power to easement but with a voluntary
prevent all constructions or work easement to receive rain water falling
which would obstruct such view or from the roof of an adjoining building
make the same difficult. It necessarily
includes easement of light.

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3. Easement giving outlet to rain water  There exists a doubt as to whether

where house surrounded by other easements against nuisance and
houses lateral and subjacent support may be
Requisites: categorized as legal easements
a. there must be no adequate outlet (Reyes- Puno. pp.188–189).
to the rain water because the yard  The duty of an adjacent owner making
or court of a house is surrounded excavations upon his land not to
by other houses deprive any adjacent land of sufficient
b. the outlet to the water must be at lateral or subjacent support is an
the point where egress is easiest absolute one. It does not depend upon
and establishing a conduit for the degree of care and precaution
drainage made by the proprietor in making the
c. there must be payment of proper excavation or building in his land (De
indemnity Jesus, et al vs. Howmart Corp. et al,
GR No. 44191-R, August 28, 1974).
K. Intermediate Distances And Works For
Certain Constructions And Plantings VOLUNTARY EASEMENTS (Arts. 688-693)
(Arts. 677–681) Constituted by the will of the parties or of a
1. Constructions: wells, sewers, etc. testator.
a. Distance is fixed by ordinances or  The opening of an adequate outlet to a
custom must be observed highway can extinguish only legal or
b. Protective structures prescribed compulsory easements, not voluntary
by ordinances or custom must be easements. The fact that an easement by
erected; if none, precautions must grant may have also qualified as an
be taken to avoid damage to easement by necessity does not detract
neighboring estates from its permanency as a property right,
c. Violation causes responsibility for which survives the termination of the
damages caused necessity. A voluntary easement could be
2. Plantings: extinguished only by mutual agreement or
a. Distances as prescribed by by renunciation of the owner of the
ordinances or customs must be dominant estate (Unisource Commercial &
observed. If none: Dev. Corp v. Chung et al.GR No. 173252,
i. For large trees: at least 2m July 17, 2009)
from boundary  It is generally effective between the
ii. For shrubs: at least 50cm parties, their heirs and assigns, except in
from the center of the tree case where the rights and obligations
b. Intrusions; under the contract are not transmissible by
i. Of branches: the owner of the their nature.
tree may be compelled to cut  The owner possessing capacity to
intruding branches at the encumber property may constitute a
boundary voluntary servitude. If there are various
ii. Of roots: the owner of the owners, ALL must consent; but consent
invaded tenement may cut once given is not revocable.
them himself at the boundary
iii. Fruits falling naturally belong Rules governing voluntary easements:
to the owner of the land 1. If created by title, such as contract or will,
then by such title
L. Easement Against Nuisance (Arts. 682- 2. If created by prescription, by the form and
683) manner of possession of the easement
3. In default of any of the above, by the
M. Lateral and Subjacent Support (Arts. provisions of the Civil Code on easements
684-687)
Voluntary easements are established in
Lateral support – when the supported favor of:
and supporting lands are divided by a 1. Predial servitudes:
vertical plane a. For the owner of the dominant estate
b. For any other person having any
Subjacent support – when the supported juridical relation with the dominant
land is above and the supporting land is estate, if the owner ratifies it
beneath

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2. Personal servitudes: for anyone DOCTRINE OF ATTRACTIVE NUISANCE

capacitated to accept One who maintains on his premises
dangerous instrumentalities of a character
NUISANCE likely to attract children in play and who fails to
exercise ordinary care to prevent children from
playing therewith or resorting thereto is liable
Any act, omission, establishment, business or to a child of tender years who is injured
condition of property or anything else which: thereby, even if the child is technically a
(ISAHO) trespasser in the premises.
1. Injures/endangers the health or safety of
others;  A swimming pool or water tank is not an
2. Shocks, defies or disregards decency or attractive nuisance (Hidalgo Enterprises
morality; vs. Balandan GR No. L-3422, June 13,
3. Annoys or offends the senses; 1952).
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free REMEDIES AGAINST PUBLIC NUISANCE:
passage to any public highway or street, (PCE)
or body of water. 1. Prosecution under the RPC or local
ordinance
Negligence and Nuisance Distinguished 2. Civil Action
Negligence Nuisance 3. Extrajudicial Abatement
Basis
REMEDIES AGAINST PRIVATE NUISANCE:
Liability attaches
Liability is based on lack (CE)
regardless of the degree
of proper care or 1. Civil Action
of care or skill exercised
diligence 2. Extrajudicial Abatement
to avoid injury

Condition of the act Note: The action to abate a public/private

There is continuing harm nuisance is NOT extinguished by prescription.
Act complained of is being suffered by the
already done which aggrieved party by the EXTRAJUDICIAL ABATEMENT
caused injury to the maintenance of the act
plaintiff or thing which Requisites:
constitutes the nuisance 1. Nuisance must be specially injurious to the
Abatement person affected;
Abatement is not Abatement w/o judicial 2. No breach of peace or unnecessary injury
available as a remedy. proceedings is allowed must be committed;
The action is for to suppress the
damages. nuisance
3. Prior demand;
4. Prior demand has been rejected;
5. Approval by district health officer and
CLASSES:
assistance of local police; and
1. Per se – nuisance at all times and under
6. Value of destruction does not exceed
all circumstances regardless of location
P3,000.
and surrounding.
2. Per accidens – nuisance by reason of
circumstances, location, or surroundings. REGISTRY OF PROPERTY
3. Public – affects the community or a
considerable number of persons. Registration – any entry made in a book or
4. Private – affects only a person or a small public registry of deeds
number of persons.
5. Mixed – nuisance may be both public and SYSTEMS OF REGISTRATION:
private in character 1. Former registration systems
a. Spanish Mortgage Law of 1893
NUISANCE VS. TRESPASS b. Torrens System established by the
 In trespass there is entry into another’s Land Registration Act (Act No. 496)
property, this is not necessarily so in c. Sec. 194 - Revised Administrative
nuisance. Code
 In trespass the injury is direct and 2. Present registration system - Property
immediate; in nuisance it is only Registration Decree (PD No. 1529)
consequential.

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EFFECTS OF REGISTRATION: 1. Real Tradition – actual delivery

1. Operates as constructive notice 2. Constructive Tradition
2. Does not validate or cure defective a. Traditio Symbolica – parties make use
instrument of a token or symbol to represent the
3. Cannot bind property where it is legally thing delivered
ineffective b. Traditio Longa Manu – by mere
4. Does not vest title consent of the parties if the thing sold
5. Rule of first in time, first in right cannot be transferred to the
possession of the vendee at the time
THEORY OF MODE AND TITLE of the sale
c. Traditio Brevi Manu – when the
vendee already has possession of the
Mode – the actual process of acquisition or thing sold by virtue of another title
transfer of ownership over a thing in question. d. Traditio Constitutum Possessorium –
This is the proximate cause of the acquisition. when the vendor continues in
possession of the thing sold not as
Title - the juridical justification for the owner but in some other capacity
acquisition or a transfer of ownership or other 3. Quasi–tradition – exercise of the right of
real right. This is the remote cause of the the grantee with the consent of the grantor
acquisition (Acap vs. CA, GR No. 118114, 4. Tradicion por ministerio de la ley – delivery
December 7, 1995) by operation of law
5. Tradition by public instrument – the
Different Modes and Titles of Acquiring execution is equivalent to the delivery of
Ownership the thing, object of the contract
Modes of Acquiring Titles of Acquiring
Ownership Ownership
Original Modes OCCUPATION

Occupation Condition of being A mode of acquiring ownership by the seizure

without known owner of corporeal things that have no owner, with
Work which includes Creation, discovery or the intention of acquiring them, and according
Intellectual creation invention to the rules laid down by law.
Derivative Modes
Existence of required REQUISITES:
Law
conditions 1. There must be seizure of a thing;
Tradition Contract of the parties 2. The thing seized must be corporeal
personal property;
Donation Contract of the parties 3. The thing must be susceptible of
appropriation by nature;
Prescription
Possession in the 4. The thing must be without an owner;
concept of owner 5. There must be an intention to appropriate;
Succession Death and
6. Requisites laid down by law must be
Tradition/ Delivery - a mode of acquiring complied with.
ownership as a consequence of certain
contracts by virtue of which the object is SPECIFIC INSTANCES:
placed in the control and possession of the 1. Hunting and fishing
transferee, actually or constructively. 2. Finding of movables which do not have an
owner
Requisites: 3. Finding of abandoned movables
1. Right transmitted should have previously 4. Finding of hidden treasure
existed in the patrimony of the grantor; 5. Catching of swarm of bees that has
2. Transmission should be by just title; escaped from its owner, under certain
3. Grantor and grantee should have intention conditions
and capacity to transmit and acquire; and 6. Catching of domesticated animals that
4. Transmission should be manifested by have escaped from their owners, under
some act which should be physical, certain conditions
symbolical or legal. 7. Catching of pigeons without fraud or
artifice
8. Transfer of fish to another breeding place
Kinds: without fraud or artifice

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1. Donor must have capacity to make the

 A thing is considered abandoned when the donation at the time of the perfection of
spes recuperandi (expectation to recover) the contract
is gone and the animo revertendi (intention 2. He must have donative intent (animus
to have it returned) is finally given up by donandi)
the owner. 3. There must be delivery
 A thing that has been lost or taken by 4. Donee must accept or consent to the
force is not ipso facto converted to res donation
nullius for it to belong to the person who
takes possession of the same without the  Donation is valid even if the person has
necessity of proving the mode of his schizophrenia. A person suffering from
acquisition and it may thus be recovered such sickness is presumed capable of
by the original owner (See Art. 559). Such attending to his property rights. There is
thing cannot be acquired by prescription no total loss of control of his mental
even if extraordinary. facilities (Catalan vs. Basa, G.R. No.
 Land cannot be the object of occupation 159567, July 31, 2007).
because when land is without an owner, it
pertains to the State (Report of Code ESSENTIAL FEATURES/ELEMENTS OF A
Commission). The State need not acquire TRUE DONATION:
abandoned lands by occupation because 1. Alienation of property by the donor during
once the requisites of abandonment had his lifetime, which is accepted
been fulfilled; reversion operates 2. Irrevocability by the donor
automatically (Pineda, 497). 3. Animus Donandi
4. Consequent impoverishment of the donor
Occupation and Possession Distinguished
Occupation Possession CLASSIFICATION:
Merely raises the 1. As to effectivity:
presumption of a. Inter vivos
Mode of acquiring
ownership
ownership when it is b. Mortis causa
exercised in the concept c. Propter nuptias – made by reason of
of owner marriage and before its celebration, in
May be exercised over consideration of the same and in favor
any kind of property
Refers only to corporeal of one or both of the future spouses
whether real or
personal property 2. As to perfection/ extinguishment:
personal, corporeal or
incorporeal a. Pure
Requires that the object b. Conditional
Refer to a property c. With a term
thereof be without an
owned by somebody
owner 3. As to consideration:
Requires that there be
May be had in the
a. Simple – the cause of which is the
an intent to acquire pure liberality of the donor in
concept of mere holder
ownership consideration of the donee’s merits
May not take place b. Remuneratory or compensatory – that
May exist without
without form of
occupation which is given out of gratitude on
possession
account of the services rendered by
Generally of longer
Of short duration the donee to the donor, provided they
duration
By itself cannot lead to May lead to another do not constitute a demandable debt
another form of form which is c. Modal – imposes upon the donee a
acquisition prescription burden which is less than the value of
the thing donated
d. Onerous – imposes upon the done a
DONATION
reciprocal obligation or, to be more
precise, this is the kind of donation
An act of liberality whereby a person disposes made for a valuable consideration, the
gratuitously of a thing or right in favor of cost of which is equal to or more than
another who accepts it (Art. 725) the thing donated (Republic vs. Silim,
GR No. 149487, April 2, 2001)

 A stipulation in the donation that it was

REQUISITES: (CIDA) made for and in consideration of the “love
and affection which the donee inspires in

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the donor, and as an act of liberality and 3. Made to a public officer or his/her spouse,
generosity” is sufficient cause for a descendants or ascendants in
donation (Quilala vs. Alcantara, GR No. consideration of his/her office;
132681, December 3, 2001). 4. Made to the priest who heard the
confession of the donor during the latter’s
Donation Inter Vivos and Donation Mortis last illness, or the minister of the gospel
Causa Distinguished who extended spiritual aid to him during
Donation Inter Vivos Donation Mortis Causa the same period;
Takes effect Takes effect upon the 5. Made to the relatives of such priest, etc.
independently of the death of the donor within the 4th degree, or to the church to
donor’s death which such priest belongs;
Made in contemplation of
6. Made by a ward to the guardian before the
his death without the
Made out of donor’s
intention to lose the thing approval of accounts;
pure generosity 7. Made to an attesting witness to the
or its free disposal in
case of survival execution of donation, if there is any, or to
Title conveyed to the Title conveyed upon the spouse, parents, or children, or
donee before the donor’s death anyone claiming under them.
donor’s death 8. Made to a physician, surgeon, nurse,
Valid if donor survives Void if donor survives health officer or druggist who took care of
donee donee the donor during his/her last illness;
Generally irrevocable Always revocable at 9. Made by individuals, associations or
during donor’s lifetime anytime and for any
corporations not permitted by law to make
except for grounds reason before the
provided by law (Arts. donor’s death donations; and
760, 765) 10. Made by spouses to each other during the
Must comply with the Must comply with the marriage or to persons of whom the other
formalities required by formalities required by spouse is a presumptive heir.
Arts. 748 and 749 of law for the execution of
the Code wills FORMS OF DONATIONS:
Must be accepted by 1. Donations of movable property:
Can only be accepted
the donee during his a. If donation is oral, simultaneous
after the donor’s death
lifetime
delivery of property donated is
Subject to donor’s tax Subject to estate tax
required if the value is P5,000.00 or
less. Acceptance may be oral or
 The title given to a Deed of Donation is written.
NOT the determinative factor which makes b. If donation is in writing, simultaneous
the donation “inter vivos” or “mortis delivery of property donated is not
causa.” Whether a donation is inter vivos required regardless of value.
or mortis causa depends upon the nature Acceptance may be oral or written.
of the disposition made (Reyes vs. c. If the value exceeds P5,000.00, the
Mosqueda, GR No. 45262, July 23, 1990). donation and acceptance must be in
 Art. 729 speak of donations in praesenti writing. Simultaneous delivery of
which take effect during the lifetime of the property donated is not required.
donor but the property shall be delivered 2. Donation of immovable property:
only after the donor’s death. Such a. Must be in a public instrument
donations are inter vivos although the specifying the property donated and
subject matter is not delivered at once, or the burdens assumed by donee,
the delivery is to be made post mortem, regardless of value
which is a simple matter of form and does b. Acceptance must be either:
not change the nature of the act (Vita vs. i. in the same instrument
Montanano GR No. L-50553, February 19, ii. in another public instrument,
1991). notified to the donor in authentic
form, and noted in both deeds
DONATIONS PROHIBITED BY LAW:  Expression of gratitude to the donor
1. Made by persons guilty of adultery or without express acceptance was held a
concubinage at the time of donation (Art. sufficient acceptance (Cuevas vs. Cuevas
739); GR No. L-8327, December 14, 1955).
2. Made between persons found guilty of the
 A donation of immovable to be valid must
same criminal offense in consideration
be in a public instrument. Even if void, it
thereof;
can be the basis of acquisitive prescription
for as long as there is adverse possession

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in the concept of an owner (Bautista vs. 2. Non-fulfillment of a resolutory condition

Poblete, G.R. No. 141007, September 13, 3. Ingratitude of the donee
2005).
Acts of Ingratitude (Art. 765)
LIMITATIONS ON DONATION OF a. If the donee should commit some
PROPERTY: offense against the person, the honor
1. Future property cannot be donated. or property of the donor, or of his wife
2. Present property that can be donated: or children under his parental
a. If the donor has forced heirs: he authority;
cannot give or receive by donation b. He imputes to the donor any criminal
more than what he can give or receive offense, or any act involving moral
by will; and turpitude, even though he should
b. If the donor has no forced heirs: prove it, unless the crime or the act
donation may include all present has been committed against the
property provided he reserves in full donee himself, his wife or children
ownership or in usufruct: under his authority; and
i. The amount necessary to support c. He unduly refuses him support when
him and those relatives entitled to the donee is legally or morally bound
support from him to give support to the donor.
ii. Property sufficient to pay the
donor’s debt contracted prior to  The action for revocation of a donation
the donation. must be filed within 4 years from the birth,
3. Donation should not prejudice creditors. appearance, or adoption of the child. The
4. Donee must reserve sufficient means for action can be renounced and it is
his support and for his relatives which are transmissible to the heirs (Roman Catholic
entitled to be supported by him. Archbishop of Manila, et al. vs. CA, G.R.
No. 77425, June 30, 1991).
EFFECTS OF DONATION:
1. Donee may demand the delivery of the Article I. The action for revocation of an
thing donated
onerous donation does not prescribe in 4
2. Donee is subrogated to the rights of the
years. It is governed by the law on contracts, it
donor in the property
prescribes in 10 years (Sec. of Education vs.
3. In donations propter nuptias, the donor
Heirs of Rufino Dulay, G.R. No. 164748,
must release the property from
January 27, 2006).
encumbrances, except servitudes
4. Donor’s warranty exists if
GROUNDS FOR REDUCTION OF
a. Expressed
DONATION:
b. Donation is propter nuptias
1. Birth, appearance, or adoption of a child
c. Donation is onerous
2. Failure of the donor to reserve sufficient
d. Donor is in bad faith
means for support of himself or dependent
5. When the donation is made to several
relatives
donees jointly, they are entitled to equal
3. Failure of the donor to reserve sufficient
portions, without accretion, unless the
property to pay off his existing debts
contrary is stipulated
4. Inofficiousness, that is, the donation
exceeds that which the donor can give by
PAYMENT OF THE DONOR’S DEBT BY THE
will
DONEE:
1. If there is express stipulation: the donee is
 If a Deed of Donation expressly provides
to pay only debts contracted before the
for automatic reversion of the property
donation, if not otherwise specified; but the
donated in case of violation of a condition
donee answers only up to the value of the
therein, a judicial declaration revoking the
property donated, if no stipulation is made
same is not necessary. The rules on
to the contrary
contracts and the general rules on
2. If there is no stipulation: the donee is
prescription (10 years to recover in case of
answerable for the debts of the donor only
written contracts) should apply and not the
in case of fraud against creditors.
4 year prescriptive period under Art. 764 of
the Civil Code (Roman Catholic
GROUNDS FOR REVOCATION OF
Archbishop of Manila vs. CA, GR No.
DONATION:
77425, June 19, 1991).
1. Birth, appearance, or adoption of a child

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Can be proven under Should be affirmatively

PRESCRIPTION
the general issue pleaded and proved to
without its being bar the action or claim of
CONCEPT: It is a means of acquiring affirmatively pleaded the adverse party
ownership and other real rights or losing rights
or actions to enforce such rights through the Laches – failure or neglect for an
lapse of time. unreasonable and unexplained length of time,
to do that which, by exercising due diligence,
KINDS: one could or should have done earlier.
1. Acquisitive prescription – one acquires
ownership and other real rights through PERSONS AGAINST WHOM
the lapse of time in the manner and under PRESCRIPTION RUNS:
the conditions laid down by law. 1. Minors and other incapacitated persons
a. Ordinary acquisitive prescription: who have parents, guardians or other legal
requires possession of things in good representatives
faith and with just title for the time 2. Absentees who have administrators
fixed by law 3. Persons living abroad who have managers
b. Extraordinary acquisitive prescription: or administrators
acquisition of ownership and other real 4. Juridical persons, except the State and its
rights without need of title or of good subdivision
faith or any other condition
PERSONS AGAINST WHOM
Requisites: PRESCRIPTION DOES NOT RUN:
a. capacity to acquire by prescription 1. Between husband and wife, even though
b. a thing capable of acquisition by there be separation of property agreed
prescription upon in the marriage settlements or by
c. possession of thing under certain judicial decree.
conditions 2. Between parents and children, during the
d. lapse of time provided by law minority or insanity of the latter
2. Extinctive Prescription – rights and actions 3. Between guardian and ward during the
are lost through the lapse of time in the continuance of the guardianship
manner and under the conditions laid
down by law; also called limitation of PERIOD OF PRESCRIPTION
actions Movables Immovables
Good Faith
Acquisitive and Extinctive Prescription
4 years 10 years
Distinguished
Acquisitive Extinctive Bad Faith
Prescription Prescription 8 years 30 years
Relationship between
the occupant and the
Rules on Computation of Period:
land in terms of One does not look to the
possession is capable of act of the possessor but 1. The present possessor may complete the
producing legal to the neglect of the period necessary for prescription by
consequences; it is the owner tacking his possession to that of his
possessor who is the grantor or predecessor.
actor 2. It is presumed that the present possessor
Requires inaction of the who was also the possessor at a previous
Requires possession by
owner or neglect of one time, has continued to be in possession
a claimant who is not
with a right to bring his during the intervening time, unless there is
the owner
action
proof to the contrary.
Applies to all kinds of
Applicable to ownership
rights, whether real or
3. The first day shall be excluded and the last
and other real rights day included.
personal
Vests ownership or Produces the extinction
other real rights in the of rights or bars a right Rights not extinguished by prescription:
occupant of action 1. To demand a right of way
Results in the
Results in the loss of a
2. To bring an action to abate a public of
acquisition of ownership private nuisance
real or personal right, or
or other real rights in a 3. To demand partition of co-ownership
bars the cause of action
person as well as the
to enforce said right
loss of said ownership
or real rights in another

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4. To demand easement of light and view

through observance by servient owner of
distances for direct or oblique view
5. To declare the inexistence of contract or
the nullity of a void judgment
6. To compel a trustee to re-convey property
registered in his name for the benefit of
the cestui que trust
7. To compel reconveyance of land
registered in bad faith provided it has not
yet passed to an innocent purchaser for
value
8. To seek issuance of a writ of possession
9. To probate a will
10. Recovery by the State non-registrable land

Period Of
Actions
Prescription
 Written contract
 Obligation created by law Within 10 yrs.
 Judgment
 Oral contract
Within 6 yrs.
 Quasi-contract
 Injury to the rights of the
plaintiff
 Quasi-delict
 Revoke or reduce donation
based on the birth,
appearance or adoption of a
child Within 4 yrs.
 Revoke donation based on
non-compliance with a
condition
 Annul a contract
 Rescind a rescissible
contract
 Forcible entry and detainer
 For defamation
 Recover possession de
facto
 Revoke a donation on the
ground of ingratitude Within 1 yr.
 Rescind or recover damages
if immovable is sold with
non-apparent burden or
servitude
 Enforce warranty of solvency
in assignment of credits

INTERRUPTION OF PRESCRIPTION OF
ACTIONS:
1. Filing of an action in court;
2. Written extrajudicial demand by the
creditor;
3. Written acknowledgment of the debt by the
debtor.

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