LECTURE NOTES IN PROPERTY

I. General Provisions

A. Definition: all things which are or may be the object of

appropriation (Art. 414, CC)

1. Three characteristics of property:

a. Capable of appropriation – can be obtained
b. Useful – serves to satisfy human needs
c. Has separate or autonomous existence

2. The concept of property extends only to those already

possessed by, or found in the possession of man.

Things that cannot be subjected to human control by

reason of physical impossibility such as the moon, the
sun, seas, and oceans are not considered property.

II. Classification of Property

A. There are 2 kinds of properties:

1. Immovable or real
2. Movable or personal

B. Importance of Classification: there are various legal

consequences from the classification of property into
movable or immovable:
1. Rules on acquisitive prescription
2. Classification of object as real or personal
determines whether contract is pledge, chattel
mortgage or real estate mortgage
3. Formalities of donation
4. Foreclosure rules
5. Crimes of theft or robbery
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6. Actions to recover possession of property

7. Venue of actions involving property

C. Classification of immovable property

1. immovable by nature – property is adhered to the

soil, so it cannot be moved from place to place (Par. 1 and 8
of Art. 415)

 Examples: land, building, roads, and

constructions of all kinds that is adhered to the
soil, mines, quarries and slag dumps while they are
still part of the mine/soil, and waters, either
running or stagnant.

 The building must be a permanent structure, made

of strong materials. Those made of light materials such
as the “barong-barong” is not considered real property
because it not a building under the Civil Code.
 If contracting parties treat the building as chattel in
their contract, they are estopped from claiming that it is
real property. But third parties are not bound by such
agreement, so as to them a chattel mortgage entered
into by the parties is void.
 Ore extracted from the mine is no longer part of
the mine and is personal property.
 Waters, with an “s”, is real property. Examples of
waters are lakes, ponds, seas.

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 2. immovable by incorporation –attached or
incorporated to an immovable in such a manner as to be an
integral part thereof, or cannot be separated therefrom,
without breaking the material or deterioration of the object,
or substantial damage to the object in case of separation
(Par. 1, 2, and 3 of Art. 415)

 Examples: trees, plants, and growing crops,

while they are attached to the land or form an
integral part of an immovable,

 The moment trees and plants are uprooted,

harvested, or detached from the soil, they become
personal property.
 Growing crops (also called standing or ungathered
crops are real property because they are still attached
to the soil. But the sale of growing crops is considered
a sale of personal property because it is understood
that they are to be harvested. Also, under the Chattel
Mortgage Law, growing crops are personal property.

3. immovable by destination – movable property placed

in an immovable that partake of the nature of the latter
because of the utility or value they add to it (Par. 4, 5, 6, 7, 9
of Art. 415, CC)

 Par. 4: statues, reliefs, paintings, or other objects

that the owner of the building or land, or his agent,
attaches permanently thereto for use or ornamentation.
Examples: fixed statue in the garden, mural
embedded in walls of a building, wall-to-wall
carpeting
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  Par 5: Machinery, receptacles, instruments, or
implements that directly meet the needs of any industry
or works that are carried out in the building or on land
by the owner thereof. Examples: machineries of
breweries used in the production of beer

 If the lease stipulates that any machineries, etc.

placed by the tenant during the lease shall belong to
the owner when the lease expires, the tenant acted as
agent of the owner when he placed the machineries
there and they are deemed immovable.
 Cash registers, calculators, computers used by
restaurants, hotels, etc. are not real property because
restaurants and hotels can continue their business
without these implements,

 Par. 6 Animal houses, pigeon-houses, beehives,

fishponds or breeding places of similar nature, in case
their owner has them permanently attached to the land,
and forming a permanent part of it; the animals in these
places are included. Examples: barns that house
cattle.

 Donation of pigeon house need not be in a public

instrument because the pigeon house is detached from
the land when delivered to done.
 Sale of animals is considered sale of personal
property.
 A birdcage that is carried from place to place is
personal property.

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 Par. 7: Fertilizer actually used on a piece of land

  Fertilizers still in their packaging are personal
property.

 Par. 9: Docks and structures which, though

floating, are intended by their nature and object to
remain at a fixed place on a river, or coast.

 A floating house tied to a shore or bank post and

used as residence is real property, since the “waters”
on which it floats is immovable.
 But if the floating house travels from place to
place, then it is a vessel.
 Vessels are considered personal property. They
may be the subject of a chattel mortgage. But the
chattel mortgage of a vessel is recorded in the record of
the Collector of Customs at the port of entry.

4.immovable by analogy – regarded as united to the

immovable property by express provision of law

 Par. 10: contracts for public works, servitudes and

other real rights over immovable property
 The property referred to here are real rights over
real property.
 EXAMPLE: The right to perform the contract
to build a building.

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D. Kinds of Movable Property (Art. 416, 417)

 1. Movables susceptible of appropriation not included in
Art. 415. EXAMPLES: mobile phone, guitar, books

2. Real property by which by any special provision of

law is considered as personal property. EXAMPLE:
growing crops under the Chattel Mortgage Law

3. Forces of nature which are brought under control by

science EXAMPLES: electricity, gas, solar power

4. In general, all things which can be transported from

place to place without impairment of the real property
to which they are fixed EXAMPLE: machinery not
attached to land

5. Obligations and actions which have for their object

movables or demandable sums EXAMPLE: debt
owed to a person

6. Shares of stock of agricultural, commercial and

industrial entitles, although they may have real estate
EXAMPLES: shares of stock in a corporation as
well as stock certificate evidencing ownership;
shares of a partner in a partnership, interest in
business

E. TYPES OF MOVABLE PROPERTY

1. Consumable movable property when used according
to its nature is consumed or used up. EXAMPLES:
food, money in one’s wallet

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 2. Non-consumable – any other kind of movable
property
3. Fungible movable property is capable of substitution
of the same kind, quality, and quantity, either by
their nature or by agreement. Examples: vinegar,
rice for consumption
4. Non-fungible - incapable of substitution, the identical
thing must be given or returned.

F. Classification of Property (Art. 419)

1. Property of public dominion

 There are 3 kinds of property of public dominion
a. For public use – roads, rivers, torrents,
ports, constructed by the State, banks, shores,
roadsteads, and others of similar character; any
one can use them, e.g., Rizal Park

b. For public service – not for general use but

for some state function; examples: PGH, Camp
Crame, Camp Aguinaldo

c. For the development of national wealth –

example: natural resources

 They pertain to the State which exercises certain

juridical prerogatives over them but their
conversion to patrimonial property requires a
legislative action to change their purpose as such

 Characteristics of property of public dominion:

a. Outside the commerce of man
b. Cannot be acquired by prescription

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 c. Cannot be registered under the land registration
laws
d. Cannot be levied upon in execution nor attached

2. Property of private ownership – consists of:

a. Patrimonial property of the State, provinces,

cities, and municipalities

b. All property belonging to private persons, either

collectively or individually

3. Classification of Property of the State – 2 kinds

a. Property of public dominion

b. Patrimonial property of the State consists of all
the property of the State not devoted to public
use, public service or the development of
national wealth

4. Classification of Property of Provinces, Cities and

Municipalities – 2 kinds

a. Property for public use - consist of provincial

roads, city/municipal streets, the squares,
fountains, public waters, promenades, and
public works for public service paid for by said
provinces, cities or municipalities
b. Patrimonial - all other property possessed by
any of them, without prejudice to provisions of
special laws

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 5. Characteristics of patrimonial property of the State

a. Owned by the State in its private or proprietary

capacity
b. May be acquired by private individuals or
corporations through prescription
c. May be the object of an ordinary contract

III. OWNERSHIP

A. Definitions:
1. Ownership – independent and general right of a
person to control a thing
2. Title - that which constitutes a just cause of exclusive
possession or which is the foundation of ownership

B. Kinds of ownership:
1. Full – includes all rights of the owner
2. Naked – right to use and fruits has been denied
3. Sole – vested in one person
4. Common – vested in two or more persons; one
property, several owners

C. Bundle of rights of owner

1. Actions to recover ownership and possession of real

property and its distinctions

a. accion interdictal- summary action to recover

physical possession and not ownership

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 1. forcible entry – action to recover the
material/physical possession that was lost
due to FISTS (Force, Intimidation,
Strategy, Threat, or Stealth); possession
of defendant was unlawful from the
beginning; plaintiff must allege and prove
that he was in prior possession; the right to
bring action prescribes in 1 year after actual
entry

2. unlawful detainer – possession by a

landlord, vendor, vendee or other person is
being unlawfully withheld after the
expiration of the right to hold possession by
virtue of a contract; possession was lawful
in the beginning; no need for prior
possession; one year prescriptive period
counted from last demand

b. accion publiciana –plenary action to recover

better right of possession when dispossession
has lasted for more than a year; prescriptive
period: 10 years

c. accion reinvindicatoria –action to recover

ownership
Requisites: identity of property; plaintiff’s title
Prescriptive period: 10 years (ordinary
prescription – requires good faith and just title)
30 years (extraordinary prescription)

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 2.Action for recovery of possession of movable
property – replevin (Rule 60, Rules of Court)

Replevin, also known as "claim and delivery," is

an action to recover personal property that was
wrongfully taken or detained. Unlike other forms of legal
recovery, replevin seeks the return of the actual thing
itself, as opposed to money damages (the more
commonly-sought after remedy).

D. QUIETING OF TITLE (Art. 477, 478, 479)

1. Requisites - two indispensable requisites must concur,

namely:

(1) The plaintiff or complainant has a legal or an

equitable title to or interest, in the real property subject of the
action; and
(2) The deed, claim, encumbrance, or proceeding
claimed to be casting cloud on his title must be shown to be
in fact invalid or inoperative despite its prima facie
appearance of validity or legal efficacy.”

NOTES:
(1) Instrument, record, claim, encumbrance or
proceeding must be valid and binding on its face but in truth
and in fact, is invalid, ineffective, voidable or unenforceable;
contract upon which the defendant relies has been
extinguished or terminated, or has prescribed.
(2) Plaintiff must return benefits received from the
defendant.

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 (3) Legal title denotes registered ownership, while
equitable title means beneficial ownership. In the absence of
such legal or equitable title, or interest, there is no cloud to
be prevented or removed.

2. DISTINCTIONS BETWEEN QUIETING TITLE AND

REMOVING/PREVENTING A CLOUD

QUIETING OF TITLE REMOVING/PREVENTING

A CLOUD ON TITLE
Purpose is to put an end to Intended to procure the
vexatious and troublesome cancellation, delivery,
litigation over the property release of an instrument,
involved encumbrance or claim,
which constitutes a cloud on
plaintiff’s title and which may
be used to injure or vex him
in his enjoyment of the
property; removal of a
possible basis for a future
hostile claim
Remedial action: involving a Preventive action: removes
present adverse claim cloud that may be used for
future actions.

3. Prescription/non of action - Imprescriptible, if

plaintiff is in possession; if not, the action prescribes within the
period for filing accion publiciana or accion reinvindicatoria.

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E. Distinction between real and personal rights

1. Real right – power of a person to obtain certain

financial or economic advantages over a specific
thing; a power enforceable against the whole world;
created directly over a thing; extinguished by loss or
destruction; examples: ownership, servitudes or
easements, mortgage of real property, possession in
the concept of an owner
2. Personal rights – power of a person to demand from
another person, the fulfillment of a prestation to give,
to do, or not to do; the right to do a thing; example:
power to demand the performance of an obligation
against the obligor

F. Modes of acquiring ownership (Art. 712)

1. Occupation: the acquisition of ownership by seizing

corporeal things that have no owner, made with the
intention of acquiring them, and accomplished
according to legal rules.

Requisites of occupation:
(1) There must be seizure of a thing (brought into
actual possession or control of the person
professing to acquire it)
(2) The thing must be corporeal personal property.
(3) The thing must be appropriable by nature (one
that can be seized or apprehended)
(4) The thing must be without owner (res nullius;
never had an owner or has no owner at the time
of occupation.
(5) There must be an intention to appropriate it.
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 (6) Requisites and conditions laid down by law must
be complied with (See Art. 713)

 Things appropriable by nature that are without an

owner, animals that are the object of hunting and
fishing, hidden treasure, and abandoned movables,
are acquired by occupation. (Art. 713, CC)

 The ownership of a piece of land cannot be acquired

through occupation. (Art. 714, CC)

 There are special laws that regulate the right to hunt

and fish.

 The owner of a swarm of bees may pursue them to

another’s land indemnifying the landowner for the
damage. If the owner does not/ceases to pursue
them within 2 consecutive days, the landowner may
claim the bees. The owner of domesticated animals
should claim them within 20 days to be counted from
their occupation by another; if the period expires, the
person who caught the animals shall own them.

 Pigeons and fish who travel from their breeding

places to another one belonging to a different
person shall belong to the latter, provided they have
not been enticed to migrate to the new breeding
place by fraud.

2. Intellectual creation – Intellectual Creation: Now

governed by the Intellectual Property Code (R.A. 8293,
as amended by R.A. 10372) and the TRIPS Agreement
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 (Agreement on Trade-Related Aspects of Intellectual
Property Rights) administered by the World Trade
Organization.

3. Tradition – as a consequence of certain contracts;

Ownership of the thing sold is acquired by the vendee
from the moment of delivery, or in any other manner
signifying an agreement that possession is transferred.
(Art. 1497, CC)

 Kinds:

(1) Real or actual – consists in placing the thing

sold in the control and possession of the vendee (San
Lorenzo Development Corp. v. CA, G.R. No. 124242,
January 21, 2005);

(2) Legal or constructive:

(a) Symbolical tradition – e.g. delivery of the
keys of the place; execution of public instrument
(b) Traditio longa manu – by mere consent or
agreement of the contracting parties, if the thing sold
cannot be transferred to the possession of the vendee
at the time of the sale (Art. 1499, CC);
(c) Traditio brevi manu – if the vendee already
had possession of the object even before the sale
(Ibid.);
(d) Traditio constitutum possessorium – the seller
remains in possession of the property in a different
capacity. (San Lorenzo Development Corp. v. CA,
supra)

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 (3) Quasi-tradition – delivery of rights, credits, or
incorporeal property by placing titles of ownership with
a lawyer, or allowing the buyer to make use of the
rights (Art. 1501); and

(4) By operation of law.

4. Law - accession, fruits naturally falling on adjacent land

5. Donation – gratuitous conveyance of property to
another
6. Succession - inheritance
7. Prescription

G. Limitations of Ownership

1. Doctrine of State Necessity: Art. 432.

Requirements:
a. Interference of another with his property is
necessary to avert an imminent damage
b. Threatened damage is much greater than
damage to owner’s property
c. Compensation is to be paid to owner by those
benefited by the interference
Exception: if injury was caused by the owner

2. In the exercise of the State’s power of eminent domain

- State may expropriate property for public use subject to
the payment of just compensation.

3. In the exercise of police power:

1. Property may be condemned or seized by

competent authority
- for health, safety or security reasons
 -owner not entitled to compensation, unless he can
show that the condemnation/seizure is unjustified

2. Ruinous buildings and walls, columns, or other

construction in danger of falling down
-owner obliged to demolish it or it would be
demolished at his expense

3 . Large tree in danger of falling that would cause

damage to land or building or another or to travellers
- owner obliged to fell it and remove it or this shall be
done at his expense

H. ACCESSION
1. Right to hidden treasure Art. 438
a. Treasure is defined as any hidden and unknown
deposit of money, jewelry, and other precious objects, the
lawful ownership of which does not appear.
b. General rule: Hidden treasure belongs to the owner
of the land, building or other property on which it is found.
c. Exception: Finder is entitled to ½ the value of the
treasure if:
i. Found by chance on the property of another, or of
the state or any of its subdivisions
ii. Finder is not a trespasser.
iii. Finder is not an agent of the owner or co-owner of
the land or tenement on which it is found. (Note: IF the
finder is one of the spouses in a ACP or CPG regime
the ½ goes to the property regime of the spouses.

2. Rules of accession

A. For immovable property

(1) Industrial accessions to real property
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 General rules:
a. Whatever is built, planted or sown on the land
of another and the repairs made thereon, belong to the
owner of the land, subject to the provisions of this Code.
b. All works, sowing, and planting are presumed
made by the owner and at his expense, unless the
contrary is proved.

First case: Landowner is the builder/planter/sower

but uses the materials of another

Good faith of landowner – belief that the land belongs

to him and he does not know that he does not have the
right to use the materials; in bad faith, if he makes use
of the land or materials that he knows belong to another
Good faith of the owner of materials – did not know
that another was using his materials, or after he came
to know, he informed the landowner of his ownership
and made the necessary prohibition; in bad faith, if he
allows another to use his materials without informing
the latter of his ownership

LANDOWNER IS OWNER OF THE MATERIALS

BUILDER/PLANTER/SOWER
Good Faith Good Faith

Will do what the Owner of the 1. Limited right of removal (may

materials will opt to do remove if there would be no
injury to work built, or without
plantings destroyed); or
2. To be paid the value of the
materials
Bad Faith Good Faith
1. To be paid for value of materials
Pay indemnity and damages, plus damages; or
depending on option chosen by 2. Has absolute right of removal of
Owner work constructed plus damages
Good Faith Bad Faith
To acquire improvements w/o Loses right to materials without
paying indemnity indemnity plus damages (hidden
defects, inferior materials)
Bad Faith Bad Faith

Second case: Builder/planter/sower builds, plants or

sows on another’s land using his own materials

In applying Art. 448, the landowner, if in good faith,

should be given first option because he is the owner of the land,
especially if he is dealing with a person in bad faith.

The landowner is in good faith:

1. He is ignorant of the builder/planter/sower’s act.
2. When he came to know, he expressed his objection.
3. Or he believed that the builder/planter/sower has a right
to construct, plant or sow on his land.

Otherwise, the landowner is in bad faith.

Jurisprudence has come out with a limited and expanded

definition of builder in good faith:

Limited definition: At the time of the building, the

builder/planter/sower believed in good faith that he was the
owner of the land because he had a title or a mode of
acquisition in his favor that turns out to be invalid but he was
at that time, ignorant of such flaw or defect.

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 Expanded definition: At the time of the building, the
builder knew that he was not the owner, but the landowner
expressly consented to the building.

NOTE: Both the landowner and the builder are in bad

faith, it at the time of the building, the builder knew that he
was not the owner; at the same time, the landowner knew
that the builder was building on his land but he did not
interpose any objection nor expressly consent thereto. In this
case, since both are in bad faith, they shall be treated as if
both are in good faith under Art. 448.

LANDOWNER BUILDER/PLANTER/SOWER IS THE

OWNER OF MATERIALS

Good Faith: Good Faith

1. May acquire the improvement The option belongs to the Landowner
by paying for materials; or,
2. May obligate builder to buy the
land or collect rent from
planter/sower. However, if
land is more valuable than the
improvement, b/p/s cannot be
required to buy land, instead,
to require rent from b/p/s.

Bad Faith Good Faith:

1. Remove the improvement plus
Pay the value of the improvement damages (cost of the
plus damages improvement and demolition); or,
2. Demand payment for the
improvement plus damages

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 Good Faith Bad Faith
Options:
1. Appropriate works without 1. Buy the land regardless of value
indemnity plus damages; or, plus damages, if LO takes this
2. Demolish the works plus option.
damages; or, 2. Pay for damages in every case.
3. Compel the B/P/S to buy the
land regardless of its value plus
damages

Obligations:
1. Landowner must pay for the
necessary expenses if he
appropriates
2. If Landowner gets the fruits, he
must pay P/S expenses for their
production, gathering and
preservation

**If landowner does not want to pay

for the above, landowner may
choose to allow b/p/s to do the
harvesting and gathering of the fruits
and keep them

Bad Faith Bad Faith

If both are in bad faith, treat each as If both are in bad faith, treat each as if
if in good faith. in good faith.

3rd Case: Builder/planter/sower builds, plants or sows on

another’s land using materials owned by a third
person

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1. If the option is with LO (to buy improvement or sell the
land), the LO cannot refuse the option. He may be
compelled by the court to exercise the option.
2. If LO buys improvement from B/P/S, he must pay its
value. B/P/S can retain land until he is paid.
3. If LO opts to buy land, B/P/S may sue to compel him to
pay. Obligation becomes civil – debt.
4. There is no transfer of ownership of improvement till LO
pays.
5. Ortiz v. Kayanan: (1) B/P/S in bad faith once he receives
judicial summons; (2) B/P/S retains land until he is
reimbursed for necessary and useful expenses, but
fruits received since then must be given to LO; (3)
B/P/S may get reimbursed by deducting value of fruits
he receives from time his good faith ceases from his
expenses.
6. If LO opts to sell land, price will be based on prevailing
market value at time of payment.
7. If LO chooses to sell land and B/P/S unable or unwilling to
pay, LO has 3 options: (1) assume lessor-lessee
relationship; (2) have improvements removed and in the
meantime demand rent; or (3) sell land and
improvement at public auction; the proceeds applied to
value of land first.
8.LO cannot compel sower to buy land. LO can either buy
the improvement or demand rental.
9. If value of land is greater than the value of improvement,
LO can choose only between buying the improvement
or demanding rent.

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 B. Natural Accessions to Real Property (Art. 457-465)

1. Alluvion or accretion – owners of lands adjoining the

banks of river own the accretion

Requisites for alluvion to exist:

1. deposit of soil is gradual and imperceptible
2. deposit made by action of water currents of the river
(exclusive work of nature)
3. land where soil is deposited adjacent to the river
4. deemed to exist when the deposit of sediment has
reached a level higher than the highest level of the
water during the year

Effect: land automatically owned by riparian owner, but

must be registered so he would acquire title.

Rationale: to offset the owner’s loss from the possible

erosion of his land due to current of the river and to
compensate him for legal easements on his land.

Notes:
1. If deposit is made by an action of the sea – the
State owns the deposit.
2. If man-made, deposit remains part of public dominion

2. Avulsion – process by which a known portion of land is

segregated from one estate by the forceful current of the
river, creek or torrent, and is transferred to another
Requisites:
1. Segregation and transfer is abrupt and sudden
2. Caused by the current of the river, etc.
3. Portion of land is identifiable or known
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 Can also apply to sudden transfer by other forces of
nature such as land transferred from a mountain slope due
to an earthquake.

3. Change of river’s course – natural change in the

course of the waters of the river causes the abandonment of
the riverbeds
a. The abandoned riverbeds ipso facto belong to the
owners whose lands are occupied by the new course in
proportion to the area lost.
b. Island formed when a river divides itself into
branches – belongs to the landowner where such island was
formed as well as the land separated from his estate by the
current.
c. Island is formed on a sea, lake or navigable or
floatable river - State owns it.
d. Islands formed through successive accumulation of
alluvial deposits in non-navigable rivers
(1) Belong to the owner of the margins nearest to the
island
(2) If island is in the middle of the river – shall be
owned by owners of both margins, to be divided
longitudinally in halves
(3) if island is nearer to the island than the other –
the owner of nearer margin shall be the owner

II. Rules for accessions to movables

A. Accessions to personal property
1. ADJUNCTION – two movable things belonging to
different owners are united in such a way that they
form a single object, and each of the things united
preserves its own nature. E.g., diamond ring
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 Requisites:
1. The 2 things must belong to different owners.
(owner of principal and owner of accessory)
2. They are united to form a single object.
3. Separation would impair their nature

Kinds of Adjunction:
1.Engraftment
2. Attachment
(a) ferruminatio – both things are made of the same
metal;
(b) plumbatura – different metals
3. Escritura (writing)
4. Pintura (painting)
5. Tejido (weaving)

2. COMMIXTION OR CONFUSION

a. COMMIXTION – mixture of solids (e.g., mixture of

denorado and organic red rice)

b. CONFUSION – mixture of liquids (e.g., Xtra unleaded

and XCS gasoline; olive oil and vinegar)

Rules:
a. If caused by the will of the parties or by chance or by
the will of one party who is in good faith – there will be co-
ownership based on proportional value (not volume)
b. If caused by the will of one owner in bad faith, the
owner in bad faith loses the entire thing.

3. SPECIFICATION – giving of a new form to another

person’s material through the application of labor

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 E. CO-OWNERSHIP

a. Characteristics of co-ownership
. 1. More than one owner
2. Object of co-ownership is a thing of right which is
physically or materially undivided but each co-owner
has an aliquot or fractional share of the thing or right
3. Each fractional share is definite in amount but not
physically segregated so cannot be identified
4. As to his fractional share, each co-owner has
absolute control but as to the object of the
ownership, each co-owner exercises ownership
together with the other co-owners
5. No juridical personality of its own but exists for the
enjoyment of all co-owners

b. Sources of co-ownership
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession

c. Rights of co-owners

1. To use the thing in common

Limitations: use for purposes for which intended;
interest of co-ownership not prejudiced; other co-
owners free to use property according to their own
rights

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 2. To share in the benefits (fruits) and charges (taxes
and expenses in preservation) in proportion to
interests of each co-owner (a stipulation in a
contract providing otherwise is void);

Note: a co-owner may exempt himself from paying

the charges by renouncing so much of his undivided
interest as may be equivalent to his share in expenses
to reimburse the co-owner who paid for the expenses;
exception: waiver not allowed if prejudicial to co-
ownership.

3. To bring an action for ejectment

4. Prescription shall not run against any co-owner as

long as he recognizes the co-ownership

Note: possession of the entire property by one will not

ripen to ownership by acquisitive prescription; unless
said co-owner repudiates the co-ownership, then the
prescriptive period will begin to run.

5. To make repairs for preservation with prior notice of

necessity for repairs to others, if practicable
6. To compel the others to share in the necessary
expenses even if incurred without prior notice
7. To oppose alterations made without the consent of
all, even if beneficial – alterations require unanimity

If opposition is clearly prejudicial, the others may go to

court.

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 Note: for administration and better enjoyment of
property (embellish or improve it) requires majority vote
only (controlling majority); co-owner may apply to the
court if decisions of the majority are seriously prejudicial
to the co-ownership or if a majority vote could not be
reached: court to appoint administrator or order
measures as it may deem proper.

8.To exercise legal redemption of the share of a co-

owner within 30 days from written notice of sale to
stranger
9. To defend the co-ownership’s interest in court
10. To demand partition anytime –no co-owner shall be
obliged to remain in co-ownership

Exceptions: (1) testator/donor may prohibit partition

for a period of not more than 20 years; (2) if there is
agreement not to partition for 10 years, may be extended
by new agreement; (3) a law prohibits partition (family
home); (4) legal nature of the thing prohibits partition,
e.g., party wall; (5) partition renders the property
unserviceable –shall be sold and proceeds distributed
unless one of the co-owners gets the property and
indemnifies the others for their share

Exception to the exception: court orders partition for

compelling reasons

d. Ways of terminating co-ownership

. 1. Partition – converts into certain and definite parts the

respective shares of the co-owners;

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 Effects of Partition:
a. Third parties who have acquired real rights over
the property such as easements, mortgage, or pledge
belonging to them prior to the partition shall be respected.
b. Personal rights belonging to third parties prior to
the partition shall remain in force.
c. Mutual accounting shall be rendered by co-
owners to each other with regard to benefits and
expenses.
d. Each co-owner shall pay for damages due to his
negligence or fraud.
e. Each co-owner shall be liable for defects of title
and quality of the portion assigned to each of the other co-
owner

2. Consolidation- merger of all the interest in one co-

owner
3. Destruction or loss of the thing owned in common
4. Prescription-clear repudiation of a co-owner of the
co-ownership, made known to the other co-owners, and
lapse of the period fixed by law

G.POSSESSION
POSSESSION: the holding of a thing or the enjoyment of a
right, either by material occupation or by the fact of
subjecting the thing or the right to the action of our will

Requisites:
1. Holding /control or material detention or enjoyment of
thing or right
2. Intent to possess the thing or right
3. Possession is by virtue of one’s own right
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2 KINDS OF POSSESSION:

1. in the concept of an owner

2. in the concept of a holder

NATURE OF POSSESSION:

a. Jus possidendi – right to possession which is

incidental to and included in the right of ownership
b. Jus possessionis- right of possession independent of
and apart from the right of ownership

FORMS OF POSSESSION

a. possession without title whatsoever (that of a thief)

b. possession with a juridical title (lessee, pledgee,
depositary)
c. possession with just title (buyer in good title)
d. possession with a title in fee simple (possessor is the
legal owner)

OBJECTS OF POSSESSION

General rule: Only things or rights that are capable of

being appropriated may be objects of possession. (Art. 530)

Exceptions:
1. res communes
2. property of public dominion
3. discontinuous servitudes
4. non-apparent servitudes

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 WAYS OF ACQUIRING POSSESSION:

1. material occupation of a thing or exercise of a right

2. subjection of the thing or right to a person’s will
3. proper acts and legal formalities established for
acquiring it

EFFECTS OF POSSESSION

Possessor in Good Faith Possessor in Bad Faith

Fruits Entitled to fruits received Reimburse to the legitimate
until possession is legally possessor the fruits received
interrupted (i.e., before which he would have received
receipt of judicial summons)

Pending Fruits Liable with legitimate No right to pending fruits

possessor (LP) for expenses
of cultivation and share in
the net harvest in proportion
to time of possession

LP may opt to give PGF

right to finish cultivation and
gathering of growing fruit, as
indemnity for his part of
expenses and the net
proceeds. If possessor does
not accept, loses indemnity.

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 EFFECTS OF POSSESSION

Possessor in Good Faith Possessor in Bad Faith

Necessary Right of reimbursement with Right of reimbursement with
expenses right of retention no right of retention
Useful 1. Limited right to Loses what was built/planted
expenses remove useful works or sown
(UW) (w/o damage to
principal) if the person
who recovers
possession (PRP)
does not want to keep
them
2. If PRP gets the UW:
(a) to be refunded the
amount of useful expenses
or be paid the increase in
value w/c thing may have
acquired by reason thereof
(b) to retain the thing
until he is reimbursed

Ornamental; a. Not entitled to refund if May remove ornamental

expenses owner does not want to works
acquire ornaments but has a. If the owner does not
limited right of removal want to retain possession of
b. If owner wants to acquire ornaments:
ornaments, entitled to be b. Principal thing does not
paid value at time of suffer injury
possession

Loss or Not liable for deterioration or Liable for any type of loss or
deterioration loss, unless he acted with deterioration, including those
fraud or negligence, after arising from fortuitous event,
judicial summons as insurer of the property

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 H. DONATION

1. Definition: An act of liberality whereby a person

disposes gratuitously of a thing or right in favor of another,
who accepts it. (Art. 725, CC)

2. Donation mortis causa v. Donation inter vivos

Mortis causa: Donations which are to take effect upon

the death of the donor partake of the nature of testamentary
provisions, and shall be governed by the rules established in
the Title on Succession. (Art. 728, CC)

Inter-vivos: When the donor intends that the donation

shall take effect during the lifetime of the donor, though the
property shall not be delivered till after the donor's death, this
shall be a donation inter vivos.

The fruits of the property from the time of the

acceptance of the donation, shall pertain to the donee,
unless the donor provides otherwise. (Art. 729, CC)

Donation when perfected: From the moment the donor

knows of acceptance by the donee. (Art. 734, CC)

Forms of donation:

(1) Donations of movable property

(a) Value is more than P5,000
(i) Donation and acceptance – in writing; otherwise, it
is void; or
(b) Value is less than P5,000 or less:

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 (i) Orally – simultaneous delivery is required (actual
or constructive) for validity; acceptance oral or
written; or
(ii) In writing – valid, with or without simultaneous
delivery. (Art. 748)

2) Donation of immovable property

(a) Donation must always be in a public document
specifying the property donated and the value of the
charges which the donee must satisfy; and
b) Acceptance may be made either in:
(i) The same deed of donation;
(ii) In a separate public document done during the
lifetime of the donor, wherein the donor is notified
thereof in an authentic form, and such step is
noted in both instruments. (Art. 749, CC)

Grounds for revocation of donation:

(1) Supervening birth, appearance or adoption of a child

(Arts. 760 and 761, CC);

(2) Failure to comply with any condition imposed upon the

donee (Art. 764, CC); and

(3) Acts of ingratitude of the donee, i.e.:

(a) If the donee commits an offense against the
person, honor or property of the donor, his wife or
children under his parental authority;
(b) If the done imputes any criminal offense or act
involving moral turpitude, unless the crime has been
committed against the donee himself, his wife or
children under his authority; and

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 (c) If he unduly refuses him support when the donee
is legally or morally bound to give support to the donor.
(Art. 765, CC)

Prescriptive periods for revocation

(1) For acts of ingratitude – one (1) year from the time
the donor had knowledge of the fact and it was
possible for him to bring the action. (Art. 769, CC)

(2) For supervening birth, survival, or adoption of a child

– four (4) years from the birth of the first child, or
from his legitimation, recognition or adoption, or
from the judicial declaration of his filiation, or from
the time information was received regarding the
existence of the child believed dead. (Art. 763, CC)

I. EASEMENT

1. Definitions:

a. Easement or servitude – encumbrance imposed upon

an immovable for the benefit of another immovable
belonging to a different owner
b. Dominant estate - – immovable in favor of which an
easement is established
c. Servient estate - – that which is subject to easement

2. Characteristics

a. A real right but will affect third persons

b. Imposable only on another’s property

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 c. Involves 2 neighboring estates, the dominant estate to
which the right belongs, and the servient estate on
which the obligation rests.
d. Inseparable from the estate to which it is attached,
and cannot be alienated independently of the estate
e. Indivisible and limited to the needs of the dominant
owner or estate;
f. A limitation on the rights of ownership of the owner of
the servient estate and therefore it is not presumed.

3. Classification
a. Easement relating to water
b. Easement of right of way
c. Easement of light and view
d. Easement of party wall
e. Drainage of buildings
f. Easement against nuisance

A. Easement relating to water

(1) Natural drainage;

(2) Drainage of buildings (Right to divert the rain

waters from one’s own roof to the neighboring
estate);

(3) Easement on riparian banks for navigation,

floatage, fishing, salvage, and towpath (Art.
638, CC)
(a) Urban areas – within a zone of three (3)
meters;
(b) Agricultural areas – twenty (20) meters

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 (c) Forest areas – forty (40) meters

(4) Easement of a dam (Art. 639, CC);

Requisites
a. Authority secured from the DPWH (Art. 38,
P.D. 1067); and
b. Payment of proper indemnity to owner of
servient estate (Art. 639, CC).
(5) For drawing water or for watering animals (Art.
640-641, CC);

Requisites:
(a) It must be imposed only for reasons of public
use;
(b) It must be in favor of a town or village; and
(c) There must be payment of proper indemnity.
(Art. 640, CC)

(6) Aqueduct (Art. 644, CC);

Requisites:
(a) Proof that owner of the dominant estate can
dispose of the water and that it is sufficient
for use intended;
(b) Proof that the proposed right of way is the
most convenient and least onerous to third
persons; and
(c) Indemnity to owner of the servient estate.
(Art. 643, CC)

(7) Construction of a stop lock or sluicegate (Art.

647

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 B. Easement of right of way

The owner of an estate, surrounded by other

immovables pertaining to other persons and without
adequate outlet to a public highway, is entitled to
demand a right of way through the neighboring estates,
after payment of the proper indemnity. (Art. 649, CC)

Requisites for grant of easement of right of way:

(1) The dominant estate is surrounded by other
immovables and is without an adequate outlet to a public
highway;
(2) The dominant estate pays proper indemnity;
(3) The isolation was not due to the proprietor’s (dominant
estate owner’s) own acts; and
(4) The right of way claimed is at a point least prejudicial
to the servient estate. (Costabella Corp. v. CA, G.R. No.
80511, January 25, 1991)

 NOTE: The burden of proving the existence of the

foregoing pre-requisites lies on the owner of the
dominant estate. (Costabella Corp. v. CA, supra)

 GENERAL RULE: In easement of right of way, that

easement where the way is shortest and will cause
least prejudice shall be chosen.
 EXCEPTION: If the two circumstances do not concur in
a single tenement, the way where damage will be least
shall be used even if not the shortest route. This is so
because least prejudice prevails over shortest distance.
(Quimen v. CA, G.R. No. 112331, May 29, 1996)

-39-
 C Easement of light and view

 Right to make openings in one’s wall to admit light and

to make projections (e.g. windows, apertures,
balconies) to afford a view upon or towards an adjoining
land or tenement. (Arts.669-670, CC)
 Restrictions:
(1) Direct view: Observe distance of two (2) meters
between the wall or the projection and the
contiguous property. (Art. 670, CC)
(2) Side or oblique view: Observe distance of sixty (60)
centimeters between the two properties. (Arts. 670-
671, CC)

 NOTE: The non-observance of the restrictions shall not

give rise to prescription. (Art. 670, CC)

D. Easement of Party Wall

A wall used jointly by two parties under easement

agreement, erected upon a line separating two parcels of
land, each of which is a separate real estate. (B.P. Blg. 220)

 GENERAL RULE: The easement of party wall is

presumed in the following:
 (1) In dividing walls of adjoining buildings up to the point
of common elevation;
 (2) In dividing walls of gardens or yards situated in
cities, towns, or in rural communities;
 (3) In fences, walls and live hedges dividing rural lands.
(Art. 659, CC)

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  EXCEPTION: If there is a title or exterior sign, or proof
to the contrary. (Ibid.)
 NOTE: Party walls should be registered. (Lao v. Heirs
of Alburo, G.R. No. L-10372, December 14, 1915)

E. Drainage of Buildings

Types:
 (1) Easement of drainage of buildings
The owner of a building shall be obliged to construct
its roof or covering in such manner that the rain water
shall fall on his own land or on a street or public place,
and not on the land of his neighbor, even though the
adjacent land may belong to two or more persons, one of
whom is the owner of the roof.

 Even if it should fall on his own land, the owner shall be

obliged to collect the water in such a way as not to
cause damage to the adjacent land or tenement. (Art.
674, CC)

 (2) Easement to receive water falling from roofs

Easement to receive the water upon his own roof or
give it another outlet. (Art. 675, CC)

(3) Easement to give outlet to rain water

Requisites for establishment of an easement giving
outlet to rain water:
(a) The yard or court of a house is surrounded by
other houses;
(b) It is not possible to give an outlet through the
house itself to the rain water collected thereon;

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 (c) Outlet must be where egress is easiest and
establishing a conduit for the drainage of water;
and
(d) Payment of proper indemnity.(Art.676, CC)

F) Easement Against Nuisance

 Every building or piece of land is subject to the

easement which prohibits the proprietor or possessor
from committing nuisance through noise, jarring,
offensive odor, smoke, heat, dust, water, glare and
other causes. (Art. 682, CC)

Extinguishment of Easements:

1) By merger in the same person of the ownership of the

dominant and servient estates;

2) By nonuser for ten years;

(a) With respect to discontinuous easements, this
period shall be computed from the day on which they
ceased to be used.
(b) With respect to continuous easements, from the
day on which an act contrary to the same took place.

3) When either or both of the estates fall into such

condition that the easement cannot be used; but it shall
revive if the subsequent condition of the estates or
either of them should again permit its use, unless when
the use becomes possible, sufficient time for
prescription has elapsed, in accordance with the
provisions of the preceding number;

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 4) By the expiration of the term or the fulfillment of the
condition, if the easement is temporary or conditional;

5) By the renunciation of the owner of the dominant

estate; and

6) By the redemption agreed upon between the owners of

the dominant and servient estates. (Art. 631, CC

NUISANCE

Any act, omission, establishment, business, condition of

property, or anything else which:
(1) Injures or endangers the health or safety of
others;
(2) Annoys or offends the senses;
(3) Shocks, defies or disregards decency or
morality;
(4) Obstructs or interferes with the free passage of
any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property. (Art.
694, CC)

 Public nuisance – Affects a community or

neighborhood or any considerable number of persons,
although the extent of the annoyance, danger or
damage upon individuals may be unequal.

 Private nuisance - Violates only private rights and

produces damages to but one or a few persons. (Cruz,
et al. v. Pandacan Hiker's Club, G.R. No. 188213,
January 11, 2016)

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  Remedies against a public nuisance:
(1) Prosecution under the RPC or a municipal
ordinance;
(2) Civil action; or
(3) Abatement, without judicial proceedings. (Art. 699,
CC)

Doctrine of attractive nuisance

One who maintains on his premises dangerous

instrumentalities or appliances of a character likely to attract
children in play, and who fails to exercise ordinary care to
prevent children from playing therewith or resorting thereto,
is liable to a child of tender years who is injured thereby,
even if the child is technically a trespasser in the premises.
(Hidalgo Enterprises, Inc. v. Balandan, et al., G.R. No. L-
3422, June 13, 1952)

Nuisance Per Se Nuisance Per Accidens

Nuisance under any and all Depends upon certain
circumstances conditions and circumstances

Constitutes a direct menace Its existence is a question of

to public health and safety fact

May be summarily under the Cannot be abated without

undefined law of necessity due hearing thereon in a
tribunal authorized to decide
whether such a thing in law
constitute a nuisance