PROPERTY

 PROPERTY - derived from the Latin word proprietas, which means "the peculiar
nature or quality of a thing". Proprietas comes from the adjective proprius, which
means "peculiar" or "own". In other words property means “belonging to
someone or owned by someone”.

 Property covers all things that are already appropriated or are in the possession
of man. It is inseparable to the one who exercise dominion.

 PROPERTY UNDER THE CIVIL CODE (ARTICLE 414)

Art. 414. All things which are or may be the object of appropriation are
considered either:
(1) Immovable or real property; or
(2) Movable or personal property

 Property refers to things that are susceptible of appropriation. Thus, all those
that are not yet possessed by man is considered as property.
 Property includes not only things when they are useful to man, but when they
are appropriated.

 PROPERTY VS THINGS
 Things are meant all objects that exist and can be of some use to man. On the
other hand, property means all those that are already appropriated or are in the
possession of man. Thus, while things are all those that can be possessed,
property means those that are already possessed and are found in a man’s
patrimony. The idea of things is therefore more generic and extensive than the
idea of property.
 Things, in a juridical sense, includes only objects which can be of utility to man.
For juridical purposes, things cannot include any object whatsoever, but only
those that can give some of good or utility to man and which can be the objects
of juridical relations. It must be used for the satisfaction of man, something that
can forms part of man’s patrimony, even it be intangible, such as right. But only
those susceptible of of pecuniary estimation enter into the concept of things.
 Things are property in a juridical, not only when they are useful to man, but when
they are appropriated. The civil code, however, uses Art. 414 the words things
and property as identical to each other.

EX: Sand, gravel, and timber which are owned by the state are property.
Nature cannot be considered as property except when it is controlled by science.
Note: If they are susceptible of appropriation, it is considered as property.

 NOT CONSIDERED AS PROPERTY:

1. Property by reason of legal impossibility
2. Property by reason of physical impossibility.

Note: Things that are outside the commerce of man are property owned by the state
and are inalienable, thus, they cannot be a subject of a contract.
EX: Property of the Public Domain

 In order to be juridically considered as a thing or property, therefore, an object

must have the ff. requisites:
(1) Utility, or the capacity to satisfy human wants;
(2) Individuality and substance, or separate and autonomous existence. The materials
composing a thing are not things in themselves. Physically unity often determines
individuality;
(3) Susceptibility of being expropriated.
- Those which cannot be appropriated because of their distance, depth, or
immensity, cannot be considered as things; for instance, the sun, the stars, the ocean,
the core of the earth, etc.

Art. 466. Whenever two movable things belonging to different owners are, without
bad faith, united in such a way that they form a single object, the owner of the
principal thing acquires the accessory, indemnifying the former owner thereof for its
value.
- To determine the principal thing, the value of the thing is controlling.

 LAW ON CONFUSION
 The owner of the painting owns the painting subject to the reimbursement of the
value of the canvas.

 COMMON THINGS
- These are things which, as a whole mass, are not susceptible of
appropriation, but a limited quantity of the whole mass may be appropriated and
thereby converted into property. The sun, stars, the core of the earth, the sea, and
other called common things, are not property in the juridical concept. Nature itself
has made common to all, hence, not susceptible of appropriation.

 HUMAN BODY
- In general, the living human body is not considered as a thing, although
some parts of it are considered as things when separated from it; such as the hair
and teeth. Upon death, the corpse becomes a thing, although it is not susceptible of
appropriation and commerce by reason of public morality.

 RES NULLIUS
- Things which have been intentionally abandoned by their owners, or res
nullius, are still considered in law as things, even if for the moment they have no
owner, with intent to acquire its ownership.

 SIGNIFICANCE OF CLASSIFYING PROPERTY

A. In applying the rules of acquisitive prescription.

- A person can acquire property through acquisitive prescription.

Personal Property
 A person may acquire ownership of personal property by prescription through an
uninterrupted period of 4 years in good faith. If in bad faith, continued
possession for 8 years.

Real Property
 Adverse possession or acquisitive prescription is a mode of acquiring ownership
through continuous and uninterrupted possession of property under conditions
outlined in the Civil Code of the Philippines:
 Ordinary Prescription (Good Faith): Requires possession in good faith for 10
years and a just title.
 Extraordinary Prescription (Bad Faith): Requires possession for 30 years,
regardless of title or good faith.

Application to Titled Land: Article 1126 of the Civil Code explicitly states that
acquisitive prescription does not apply to registered property. Thus, the possessor
cannot claim ownership of titled land based on prescription, regardless of how long
they have occupied it.

B. In determining the propriety of being an object in a contract of mortgage.

Personal Property
 The contract of mortgage should be a chattel mortgage contract.

Real Property
 A land cannot be a subject of a chattel mortgage contract but of a real estate
mortagage. Otherwise, the contract is null and void and it will not be accepted in
the registry of property or registry of deeds. The parties are estopped from
assailing the validity of the contract.
Contract of Pledge - any personal property is a subject.

C. In Conflict of Law Rule

Personal Property
 New Rule: New Civil Code, Article 16 paragraph 1: Real property as well as
personal property is subject to the law of the country where it is situated.
 Obsolete Rule. Personal property is governed by the national law of the owner or
his domicile in accordance with the principles of mobilia sequuntur personam or
movable property follows the law of the owner.

Real Property
 Should be governed by the law of the place where the property is situated. This
rule of lex sitae or lex rei sitae is universally recognized.
 Real property is PART of the country where it is located. Its immovability makes it
logical that it shall be subject to the laws of the States where it is found. The
contrary rules in foreign States can not certainly be given effect unless the SITUS
so allows.

D. In Formalities of a Contract of Donation

- For a donation to be valid it must be executed in the formalities prescribed
by law for its validity.

Personal Property
 If the personal property exceeds 5,000 pesos, the donation and acceptance of
the donation must be in writing, either authorized or not. If the value is 5, 000 or
less, it may be donated orally or verbally.

Real Property
 It must be in a public instrument and notarized. The one receiving the donation
must notarized it if there is separate document. Otherwise, the donation is void
and the donor may still recover the property.
 CHAPTER I
IMMOVABLE PROPERTY

Article 415. The following are immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an
integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it
cannot be separated therefrom without breaking the material or deterioration of the
object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it reveals
the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the
tenement for an industry or works which may be carried on in a building or on a
piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar
nature, in case their owner has placed them or preserves them with the intention to
have them permanently attached to the land, and forming a permanent part of it; the
animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed,
and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and
object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable
property.
 GENERAL CLASSES OF IMMOVABLE PROPERTY
1. Immovables by Nature
- those which cannot be moved from place to place, such as land, mentioned
in paragraph 1, and mines, quarries, and slag dumps, mentioned in article 8.

Article 14 paragraphs 1 and 8:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed,
and waters either running or stagnant.

2. Immovables by Incorporation
- those which are essentially movables, but are attached to an immovable in
such a manner as to be an integral part thereof.

Article 14 paragraphs 1, 2, 3, 4, and 6:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an
integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it
cannot be separated therefrom without breaking the material or deterioration of the
object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it reveals
the intention to attach them permanently to the tenements;
(5) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar
nature, in case their owner has placed them or preserves them with the intention to
have them permanently attached to the land, and forming a permanent part of it; the
animals in these places are included.

3. Immovables by Destination - those which are essentially movables, but by the

purpose for which they have been placed in an immovable, partake of the nature of
the latter because of the added utility derived therefrom.

Article 415 paragraphs, 4, 5, 6, 7, and 9:

(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it reveals
the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the
tenement for an industry or works which may be carried on in a building or on a
piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar
nature, in case their owner has placed them or preserves them with the intention to
have them permanently attached to the land, and forming a permanent part of it; the
animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(9) Docks and structures which, though floating, are intended by their nature and
object to remain at a fixed place on a river, lake, or coast.

4. Immovables by Analogy or by Law

- those mentioned in Paragph 10 “Contracts for public works, and servitudes and
other real rights over immovable property”.

 PARAGRAPH 1. Land, buildings, roads and constructions of all kinds adhered to

the soil; (Immovable by Nature)

 This covers property which are immovable by their nature and which by reason
of its adherence becomes an integral part of the immovable property.

Requisites:
(1) the attachment or adherence must be fixed;
(2) the property forms an integral part of the land or the immovable property.

 PARAGRAPH 2. Trees, plants, and growing fruits, while they are attached to the
land or form an integral part of an immovable; (Immovable by Incorporation)

 Trees and plants are immovable only when they are attached to the land; hence,
when they have been cut or up rooted, whether for firewood, or lumber, or other
use, they become movable, except when timber constitutes the natural product
of the tenement, in which case it still forms an integral part of the immovable.

Ungathered Fruits - can be a proper subject of Chattel Mortgage. The ungathered

fruits are considered as personal property even if it is about to be collected.

 PARAGRAPH 3. Everything attached to an immovable in a fixed manner, in such a

way that it cannot be separated therefrom without breaking the material or
deterioration of the object; (Immovable by Incorporation)

 The attachment to an immovable must be in a fixed manner such that it cannot

be separated therefrom without breaking the material object.

Note: Regardless of the ownership of the thing attached or the land to which it is
attached, it is considered as immovable property. The only criterion is that the union
or incorporation is in the manner prescribed by law, in a “fixed manner”
Doctrine of Immobilization -

 PARAGRAPH 4. Statues, reliefs, paintings or other objects for use or

ornamentation, placed in buildings or on lands by the owner of the immovable in
such a manner that it reveals the intention to attach them permanently to the
tenements; (Immovable by Destination or Incorporation)

 These are immovable both by incorporation and by destination; as distinguished

from those under paragraph No. 3, however, they can generally be separated
from the immovable without breaking the matter or injuring the object. It is
indispensable that the objects must be placed in the immovable by the owner of
the latter. This does not mean that the owner himself must, personally and
materially, place the object; it is enough that he orders it or even just ratifies it
subsequently. If the owner is incapacitated, the act may be done by his legal
representative.

Requisites:
(1) They must be placed in buildings or on lands by the owner of the immovable or
by his agent;
(2) The attachment must be intended to be permanent.

Note: These are personal properties, but if the requisites are present they are
considered as real property.

 PARAGRAPH 5. Machinery, receptacles, instruments or implements intended by

the owner of the tenement for an industry or works which may be carried on in a
building or on a piece of land, and which tend directly to meet the needs of the
said industry or works; (Immovable by Destination)

 The immovable condition of these objects depends upon their being destined for
use in the industry or work in the tenement; the moment they are separated, not
necessarily from the immovable, but from the industry or work in which they are
utilized, they recover their condition as movables.

Requisites:
(1) It must be machinery, receptacles, instruments or implements ;
(2) It must be placed by the owner of the tenement or by his agent;
(3) There must be an industry or work carried on such building or on a piece of land;
and
(4) It must tend directly to meet the needs of the said industry or works.

Note: So long as the machinery are essential to the business, whether it is placed by
the owner or not, it is still considered as a real property for purposes realty tax.
Exception: Where the owner of a tenement entered into a contract with a lessee,
stipulating that the latter shall place certain objects in the property leased, and that
such objects shall remain with the property upon the termination of the lease,
without any obligation on the part of the owner to reimburse the lessee, it has been
held that the tenant acts as an agent of the owner, and the objects become
immovable from the act of the owner in giving by contract a permanent destination
to them.

 PARAGRAPH 6. Animal houses, pigeon-houses, beehives, fish ponds or breeding

places of similar nature, in case their owner has placed them or preserves them
with the intention to have them permanently attached to the land, and forming a
permanent part of it; the animals in these places are included; (Immovable by
Destination)

Requisites:
(1) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar
nature are place or preserves by the owner thereof;
(2) There must be an intention to have them permanently attached to the land, and
forming a permanent part of it;

 PARAGRAPH 7. Fertilizer actually used on a piece of land; (Immovable by

Destination)

 The fertilizers should be on the land where they are to be utilized, because it is
only then that the intention of the owner to use them on the tenement is beyond
doubt. Hence, fertilizers kept in the farmhouse are not immovable.

 PARAGRAPH 8. Mines, quarries, and slag dumps, while the matter thereof forms
part of the bed, and waters either running or stagnant; (Immovable by Nature)

 PARAGRAPH 9. Docks and structures which, though floating, are intended by

their nature and object to remain at a fixed place on a river, lake, or coast;

 As long as docks and structures which, though floating, are intended by their
nature and object to remain at a fixed place on a river, lake, or coast they are
considered as immovable property.

 PARAGRAPH 10. Contracts for public works, and servitudes and other real rights
over immovable property; (Immovable by Analogy or by Law)

 These are rights arising from contract or public works.

 CHAPTER 2
MOVABLE PROPERTY

Article 416. The following things are deemed to be personal property:

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

 This includes shares of stock.

 General Test of Movable Character.

There are three tests applied successively to determine whether an object is
movable:
(1) whether it can be carried from place to place,
(2) whether the change of location can be effected without injury to an immovable
to which the object may be attached, and
(3) whether the object is not included in any of the ten paragraphs of article 415.

By Special Provision.
- Act No. 1508, the Chattel Mortgage Law, recognizes that growing crops are
personal property and may be the object of chattel mortgage. Section 7 of said law
in part provides: “If growing crops be mortgaged the mortgage may contain an
agreement stipulating that the mortgagor binds himself properly to tend, care for
and protect the crop while growing.
- Article 415 of the RPC which is committed by any person who, with intent to
gain but without violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latter's consent. Though only
personal property are subject to theft immovable property such as fruits are subject
to theft.

Forces of Nature - This would include electricity, gas, heat, oxygen, light, rays, etc. By
law, they are considered movable.

Semi-movables- These are now classified as movables; they include all those which
are susceptible of moving by themselves without assistance from any outside force,
such as animals.

Intellectual Property - The right of the author, artist, or inventor over his work is
personal property. It consists in the pecuniary benefit which the owner can get by the
reproduction or manufacture of his work. It is essentially a monopoly of exploitation.
Article 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or demandable
sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they
may have real estate.

Article 418. Movable property is either consumable or non-consumable. To the first

class belong those movables which cannot be used in a manner appropriate to their
nature without their being consumed; to the second class belong all the others.

Consumables and Non-consumables - Consumable things are those whose use

according to their nature destroys the substance of the thing or causes their loss to
the owner. Food is an example of a consumable thing; money in coin is a non-
consumable thing.

Fungibles and Non-fungibles - The classification into consumable or non-

consumable is according to the nature of the thing. Thus, money may be fungible,
even if consisting of a certain quantity of metal coins; but such coins are non-
consumable.
 CHAPTER 3
PROPERTY IN REIATION TO THE PERHON
TO WHOM IT BELONGS

Article 419. Property is either of public dominion or of private ownership.

 CLASSIFICATION OF PROPERY
1. Property of Public Dominion
2. Patrimonial Property
3. Private Ownership

Note: Private ownership can be acquired through adverse possession while property
of public domain and patrimonial property cannot be subject to prescription. It is an
ironclad rule that prescription cannot be invoked against the state.

Article 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks, shores, roadsteads, and others of similar
character;
(2)Those which belong to the State, without being for public use, and are intended
for some public service or for the development of the national wealth.

 KINDS OF PROPERTIES OF PUBLIC DOMINION

1. Those intended for public use
2. Those intended for public service
3. Those intended for the development of the national wealth

PUBLIC DOMINION - are those outside the commerce of man. Whether they are
intended for public use, service, or for the development of the national wealth. Thus:
(1) They cannot be alienated or leased or otherwise be the subject matter of
contracts.
(2) They cannot be acquired by prescription against the State. Even municipalities
cannot acquire them for use as communal lands as against the State.
(3) They are not subject to attachment and execution.
(4) They cannot be burdened by any voluntary easement.

RELIGIOUS AND SACRED PROPERTIES. Churches and other consecrated objects have
been considered outside the commerce of man. They are neither public or private
property, in the sense that any private person can be the owner thereof.
 Article 12. Section 2 of the 1987 Constitution

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at least 60 per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of
waterpower, beneficial use may be the measure and limit of the grant.

The State shall protect the nations marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by

Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils according to the general
terms and conditions provided by law, based on real contributions to the economic
growth and general welfare of the country. In such agreements, the State shall
promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance
with this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands and national parks. Agricultural lands of the public domain may be
further classified by law according to the uses to which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand hectares in area. Citizens of
the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof, by purchase, homestead, or grant.
Fishpond (not outside the commerce of man)
 Can be leased but cannot be sold or alienated, provided that there is a foreshore
lease agreement.

Question: Supposed a parcel of land denoted for public use but for considerable
length of time, it remains idle and the government did not utilize it for purpose for
which it was required will its classification as property of public dominion be affected?
Answer: No, it does not affect its classification as property of public dominion. A
property of the public domain is not necessarily to be used for public purpose, the
mere intention to use it for some public use and public service is sufficient.

 Types of Public Dominion

1. Properties of Public Dominion intended for public use.

A. Roads
B. Canals
C. River
D. Torrents
E. Ports
F. bridges constructed by the State
G. Banks
H. Shores
I. Roadsteads
J. and others of similar character

PD 1067
CHAPTER II
OWNERSHIP OF WATERS
Article 5. The following belong to the State:
(a) Rivers and their natural beds;
(b) Continuous or intermittent waters of springs and brooks running in their natural
beds and the beds themselves;
(c) Natural lakes and lagoons;
(d) All other categories of surface waters such as water flowing over lands, water
from rainfall whether natural, or artificial, and water from agriculture runoff, seepage
and drainage;
(e) Atmospheric water;
(f) Subterranean or ground waters; and,
(g) Seawater.

Article 6. The following waters found on private lands belong to the State:
(a) Continuous or intermittent waters rising on such lands;
(b) Lakes and lagoons naturally occuring on such lands;
(c) Rain water falling on such lands;
(d) Subterranean or ground waters; and,
(e) Water in swamps and marshes.

The owner of the land where the water is found may use the same for domestic
purposes without securing a permit, provided that such use shall be registered, when
required by the Council. The Council, however, may regulate such when there is
wastage, or in times of emergency.

 A. Roads
CASE 3: Hi-lon Marketing Inc. vs. Commission on Audit, G.R. No. 210669, August 1,
2017. (Right of way in national highways are considered property of public dominion.)

Note: Even if the portion utilized for PROW is within your property, the government
may use the same for PROW. No indemnification can be have. The moment that a
property is intended for public use, it now becomes a property of the state. PROW as
intended for public use is outside the commerce of man. It cannot be leased, sold, or
subject of a contract.

Easement of Right of Way. - The concept of easement of right of way pertains to a

legal allowance granted to a landowner to pass through a neighboring property for
better access to a public road or utility. This is particularly relevant when a property is
enclosed or its access is significantly limited or obstructed, necessitating a passage
through another's land to reach public spaces or utilities.

Applicable Laws: The Civil Code of the Philippines, specifically Articles 649 and 650,
outlines the provisions for the easement of right of way. Additionally, Republic Act
No. 8371, or the Indigenous Peoples' Rights Act of 1997, may apply in areas occupied
by Indigenous Cultural Communities/Indigenous Peoples.

Understanding the Easement of Right of Way. - The easement of right of way is an

essential aspect of property law, ensuring that no landowner is completely isolated or
without access to public roads and necessary utilities. This legal provision balances
the rights of property owners with the societal need for accessible land use and
development.

Establishing a Right of Way:

Necessity: The primary criterion for granting a right of way is the absence of
adequate access to public roads or utilities from a property. The need must be real,
not merely for convenience.
Request: The landowner requiring the easement must formally request this from the
neighboring landowner, typically involving negotiations for passage.
Compensation: The requesting party must compensate the granting party for the
land used for the right of way and any inconvenience or damage caused.
Registration: Once established, the right of way should be formally registered to
ensure its legality and continuity.

 B. Canals - artificial water way, irrigation, or drainage.

 The canal constructed bu the government and devoted for public use is a
property of the public dominion.
 If the owner of the canal allows the use of public he can no longer prohibit the
use of the canal because he already allows it to be use by the public. In other
words, he lost his right by way of requisition.

 C. River - running water, river beds, and river banks are of the same nature of
property of public dominion.

River bed - ground covered by the water of the river during the highest flood.
River banks - the ground or land that borders or is adjacent to a river. The lateral
strips/lines reached by the water when the river is in the highest tide. The portion
between the highest and the lowest.

Exception: Article 457. To the owners of lands adjoining the banks of rivers belong
the accretion which they gradually receive from the effects of the current of the
waters.
Note: If the owner of the land interferes or undertake an act, accretion forms part of
the public dominion. Only accretions due to the natural flow of the current of the
water belongs to the owner of the land adjoining the banks of the river.
CASE 4: Desamparado Vda. De Nazareno vs. CA, G.R. No. 98045, June 26, 1996, 257
SCRA 598. (Man-made accretion is part of the public domain.)

Dried-up River - remains part of the public domain unless there is a law that the
dried-up river bed belongs to the owner of the adjacent land.
CASE 5: Republic of the Philippines vs. Arcadio Ivan A. Santos III, [Link]. G.R. No.
160453, November 12, 2012. (Dried river bed is still part of the public domain.)

Question: What if part of your property is intruded by the waters of the river?
Answer: Since river is a property of public domain, the waters intruding your
property now becomes the property of the public domain and you will be
compensated. The abandon river will be owned by the owner of the property whose
property decreases by reason of intrusion of the water. But if the change of its
course does not affect the property, the abandon river does not become part of the
property of the owner.

 D. Torrent - is a violent or forceful flow of fluid; especially : a rushing stream of

water

 E. Ports - seaports; airports

 Payment of fees does not affect its classification so long as it is intended for
public use.

 F. Bridges constructed by the State

 G. Banks

 H. Shores - the land adjacent or adjoining to the sea. All the ground between
the ordinary high-water and low-water marks. Submerge lands below the sea.

 If the sea water intrudes the property then it becomes a seashore already. The
portion of the property is converted into public use due to natural expropriation.
All portion of the reach by the sea is now a seashore, a property of public
dominion.

Foreshore lands - The term "foreshore" refers to that part of the land adjacent to the
sea which is alternately covered and left dry by the ordinary flow of the tides.
"Foreshore lands" refers to the strip of land that lies between the high and low water
marks and that is alternately wet and dry according to the flow of the tide.

 Foreshore lands can be leased by the government to private persons through

Foreshore Lease Agreement. Without the Foreshore Lease Agreement, the
infrastrcuture may be demolished.
 Private persons may apply for Foreshore Lease Agreement to the CENRO. The
DENR may grant the application and the owner of the property adjoining
foreshore lands covered with water bordering upon shores or banks of navigable
lakes or rivers, shall be given preference.

The Regalian Doctrine - The ownership of lands reclaimed from foreshore and
submerged areas is rooted in the Regalian doctrine which holds that the State owns
all lands and waters of the public domain. The Regalian doctrine is the foundation of
the time-honored principle of land ownership that "all lands that were not acquired
from the Government, either by purchase or by grant, belong to the public
domain." Article 339 of the Civil Code of 1889, which is now Article 420 of the Civil
Code of 1950, incorporated the Regalian doctrine.
"Section 2. All lands of the public domain, waters, minerals, coal, petroleum and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources shall be under the full
control and supervision of the State.

Section 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural lands of the public domain may be
further classified by law according to the uses which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands. Private corporations
or associations may not hold such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and not to exceed one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred hectares, or acquire not more than
twelve hectares thereof by purchase, homestead, or grant. Taking into account the
requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of
lands of the public domain which may be acquired, developed, held, or leased and
the conditions therefor."

 Only Agricultural land may be subjected to alienation. Other lands must be first
converted to agricultural and be classified as alienable and disposable land of the
public domain. Unless the land is classified by the Executive Department that the
land is alienable and disposable it cannot be a subject of private ownership. It is
the Executive Department through the DENR that grants the certificate of
alienable and disposable land of public domain.

Who may apply for foreshore lease agreement?

- The owner of the property adjoining the foreshore area has the preferential
right. The moment foreshore lease agreement is granted, the owner of the property
is required to put improvements, otherwise it will be revoked.
Expiration of the foreshore lease - 25 years renewable for a period not exceeding 25
years.

Preference of Riparian Owner. – The owner of the property adjoining foreshore lands,
marshy lands or lands covered with water bordering upon shores or banks of
navigable lakes or rivers, shall be given preference to apply for such lands adjoining
his property as may not be needed for the public service, subject to the laws and
regulations governing lands of this nature, provided that he applies therefor within
sixty (60) days from the date he receives a communication from the Director of Lands
advising him of his preferential right.
CASES: A. Spouses Manuel Almagro and Elizabeth Almagro, [Link]. vs. Salvacion T.
Kwan, [Link]., G.R. Nos. 175806 and 175810, October 20, 2010. (. To qualify as
foreshore land, it must be shown that the land lies between high and low water
marks and is alternately wet and dry according to the flow of the tide.)
B. Lucita A. Cantoja vs. Harry S. Lim, G.R. No. 168386, March 29, 2010.
(Being the owner of the land adjoining the foreshore area, the riparian or littoral
owner has preferential right to lease the foreshore area.)
C. Lu Do and Luym Corp. vs. Aznar Brothers Realty, etc., G.R. No. 143307,
April 26, 2006. (The State may waive the rescission of the lease arising from any
violation of FLA or even extend the period to commence the introduction of
improvement by the foreshore lessee.)
D. Republic of the Philippines vs. Rosario de Guzman Vda. de Joson, G.R. No.
163767, March 10, 2014. (When such alienable and disposable lands are expressly
declared by the State to be no longer intended for public service or for the
development of national wealth that the period of acquisitive prescription can begin
to run.)
E. Republic of the Philippines vs. Spouses Ildefonso Alejandre and Zenaida
Ferrer-Alejandre, G.R. No. 217336, October 17, 2018. (In the absence of
incontrovertible proof of private ownership, the well-entrenched presumption arising
from the Regalian doctrine that the subject land is of public domain or dominion
continues.)
F. Frank I. Chavez vs. Public Estate Authority and Amari Dev’t. Corp. 403 SCRA
1. (Submerged lands, like the waters above it, are part of the inalienable natural
resources of the State, hence, outside the commerce of man.)

 I. Roadsteads

 [Link] others of similar character

Creeks - secondary river, dependent on the tides of the river; high tides or low
tides.
- not susceptible of private ownership. But the accretions of the creek
forms part of the property of the owner of the land adjoining the creek.

Note: Accretions of the sea forms part of the public domain unlike creek or rivers
which forms part of the property adjoining the river or creeks.
CASE: Office of the City Mayor of Paranaque, [Link]. vs. Mario D. Ebio, [Link]., G.R. No.
178411, June 23, 2010. (While it is true that a creek is a property of public dominion,
the land which is formed by the gradual and imperceptible accumulation of
sediments along its banks does not form part of the public domain.)
Question: Who owns the natural resources found in pulic lands? How about in
private lands?
Answer: All natural resources found in either private or public lands is owned by the
State. The 1987 Constitution specifically declares that all lands of the public domain,
waters, fisheries, and other natural resources belong to the [Link] here are
fishponds, which may not be alienated but only [Link] thereof, no matter
how long, cannot ripen into ownership.
Under Section 45 of Republic Act No. 8550 otherwise known as “The Philippine
Fisheries Code of 1998", public lands such as tidal swamps, mangroves,marshes,
foreshore lands and ponds suitable for fishery operations shall not be disposed or
alienated. These may, however, be the subject of a fishpond lease agreement.
Submerged lands, like the waters (sea or bay) above them, are part of the
State's inalienable natural resources. Submerged lands are property of public
dominion, absolutely inalienable and outside the commerce of man. This is also true
with respect to foreshore lands. Any sale of submerged or foreshore lands is void
being contrary to the Constitution as mentioned in the case of Frank [Link]
Estates Authority and Amari Coastal Bay Dev't. Corp., G.R. No. 133250,May 6, 2003,
187 SCRA 797, (1990).

(1) They cannot be alienated or leased or otherwise be the subject matter of

contracts.

Chavez vs. Public Estates Authority and Amari Coastal Bay Dev't. Corp., G.R.
No.133250, May 6, 2003, 187 SCRA 797, (1990).
ICase: Frank I. Chavez vs. Public Estates Authority and Amari Coastal
BayDevelopment, Corp., G.R. No. 133250, May 6, 2003, 187 SCRA 797, (1990)

Facts: The Public Estate Authority (PEA) entered into a joint venture agreement with
Amari Coastal Bay Development Corp.(Amari) obligating itself to convey title and
possession over 750hectares of land, 592 hectares of which are still submerged lands
or under the waters of Manila Bay. Can PEA validly convey these properties?

Answer: No. The Supreme Court held that submerged lands, like the waters above it,
are part of the inalienable natural resources of the State, hence, outside the
commerce of [Link] is also true with respect to foreshore lands. Any sale of
submerged lands or foreshore lands is void for being unconstitutional. Nonetheless,
foreshore lands may be a subject of a Foreshore Lease.

With respect to natural resources, however, the 1987 Constitution allows the State to
enter into co-production, joint venture or production sharing agreements with
private individuals or qualified corporations fortheir exploration, development and
utilization. Also, with respect to fishponds which are likewise owned by the State,
they may be leased to private individuals but they cannot be alienated.
 (2)They cannot be acquired by prescription against the State. Even municipalities
cannot acquire them for use as communal lands as against the State.
It is not susceptible to private appropriation and acquisitive prescription-
Properties of public dominion are not susceptible to private appropriation and
acquisitive prescription. This principle had been consistently held in several cases
reaching the High Court. In Palomo vs. Court of Appeals (266 SCRA 392, 1997), the
SC held that the adverse possession which may be the basis of a grant of title in
confirmation of imperfect title cases applies only to alienable lands of the public
domain. Here, since the subject property is part of the reservation for provincial
purposes and thus, part of the forest zone, it is not registrable and its possession, no
matter how long, cannot convert it into private property.

CASE: Palomo vs. CA (266 SCRA 392, 1997)

(3 ) They are not subject to attachment and execution.

Properties of public dominion being for public use are not subject to levy,
encumbrance, or disposition through public or private sale. Any encumbrance, levy
or execution or action of sale of any property of public dominion is void for being
contrary to public policy.

CASE: Manila International Airport Authority (MIAA) vs. Court of Appeals and City of
Paraňaque, etc., G.R. No. 155650, July 20, 2006. (Since airport lands and buildings
are devoted for some public service because they are used by the public for
international and domestic travel and transportation, it is a property of public
dominion.)

(4 ) They cannot be burdened by any voluntary easement

Simply means that the easements established for the benefit of the private
individual are obligatory upon the state, hence, such is not demandable upon it.

1. Voluntary Easements of Right of Way

2. Compulsory Easement of Right of Way - the court will direct the owner to give the
right of way. Otherwise, they maybe liable for contempt.

CASE: Villarico vs. Sarmiento

Article 421. All other property of the State, which is not of the character stated in the
preceding article, is patrimonial property.

Patrimonial Property. - “ownership in the private sense”. This is property over which
the state has the same right and of which it may dispose, to the same extent a
private individuals in relation to their own property, subject only to the administrative
laws and regulations on the procedure of exercising such rights. They exist for the
state for attaining its economic ends, as means for its subsistence, and the
preservation of its natural organism. Like property of private individuals and juridical
persons they are subject to prescription. They can be objects of ordinary contracts.

Example: Friar lands. These friar lands are those lands acquired by the government
from its original owners, the religious order or friars. This was even the source of
unrest among those who wanted to acquire this land that is why Friars Lands Act was
enacted. These friar lands over which the government holds titke are not public lands
but private lands or patrimonial lands of the [Link], it can be alienated only
uoon proper compliance wirh the reuqireent of Friar Lands Act.
Another exmaple are those classified by the government as alienavle and
disposable lands of the public domain. These are state properties available for
private ownership, thus, may be brought or sold in any manner utilized with the
same effects as properties owned by private persons. However, any conveyance of a
real property falling under the patrimonial property of the the state must be
authorized by a law enacted by Congress.

Note: Even if these properties are considered patrimonial in nature they are nit
susceptible to acquisitive prescription unless there is a law allowing acquisition such
as Republic Land Act Law.

Article 422. Property of public dominion, when no longer intended for public use or
for public service, shall form part of the patrimonial property of the State.

CASE: Laurel vs. Garcia

Article 423. The property of provinces, cities, and municipalities is divided into
property for public use and patrimonial property.

Article 424. Property for public use, in the provinces, cities, and municipalities,
consist of the provincial roads, city streets, municipal streets, the squares, fountains,
public waters, promenades, and public works for public service paid for by said
provinces, cities, or municipalities. All other property possessed by any of them is
patrimonial and shall be governed by this Code, without prejudice to the provisions
of special laws.

 Classification of property of public dominion and patrimonial property likewise

applicable to local government units.
 An ordinance must be created for reclassifying and withdrawal of the property. It
cannot be subject to a contract.
Note:
The nature of properties owned by provinces, cities and municipalities in this
country is determined by the character of the use or service for which they are
intended or devoted. Properties which are intended for public use or for some public
service are properties for public use. All others are patrimonial properties. But, take
note of this important principle, it matters not that the property is not actually
devoted for public use or for some public service. If it has been intended for such use
or service, and these LGU's has not devoted it to other uses, or adopted any measure
which amounted to a withdrawal of the property from public use or service, the same
remains property for public use, the fact that it is not actually devoted for public use
or service notwithstanding. The property of provinces, cities and municipalities for
public use is governed by the same principles as property of public dominion of the
same character. Hence, the following principles are also applicable to properties
owned by these politícal subdivisions intended for public use.
With the passage of Republic Act No. 7160 or the "Local Government Code of
1991", Congress bestowed upon the LGU's to close roads or streets subject to certain
limitations and regulations. Thus, in Macasiano vs. Diokno, 212 SCRA 464 (1992), the
Supreme Court clarified the authority of the local governments to close roads, streets
and other similar public places. According to the SC, the closure should be for the
sole purpose of withdrawing the road or other property for public use when
circumstances show that such property is no longer intended or necessary for public
use or public service. When it is already withdrawn from public use, the property then
becomes patrimonial property of the local government unit concerned. It is only then
that the property can be the object of an ordinary contract. Here, the SC nullified the
ordinance closing several streets in Paraňaque for the purpose of establishing flea
markets thereon. The High Court reasoned that these roads and streets which are
available to the public in general and ordinarily used for vehicular traffic are still
considered public property devoted to public use. In such case, the local government
has no power to use it for another purpose or to dispose of or lease it to private
persons.

 The Right to Reclaim. - The right to reclaim is a function of the sovereign who
owns title to all the lands and waters of the public domain. The authority to reclaim is
not a right or privilege accorded to any person and the land reclaimed does not
belong to whosoever undertakes its reclamation. Even private owners of lands
adjoining bodies of water especially the sea and navigable waters, cannot moto
propio undertake reclamation of shores and submerged lands and claim title thereto.
Unless the State, through Congress, grants this right, it is only the National
Government that can undertake reclamation work and assert title to reclaimed land.
In several instances, however, the State delegated to specific municipalities the right
to reclaim land.
For example, the Philippine Legislature passed special laws granting
municipalities the right to reclaim foreshore or marshy lands within their respective
territories. In 1957, it also enacted Republic Act No. 1899 granting to chartered cities
and municipalities a general authority to reclaim foreshore lands bordering their
respective territories. In 1991, it also passed Republic Act No. 7160 or the "Local
Government Code of 1991" empowering LGU'S to undertake reclamation projects by
themselves or through contractors.
Since the city or municipality may alienate the land it reclaimed pursuant to
Republic Act No. 1899 or it may pay portion of the reclaimed lands if undertaken by
contractors pursuant to Section 302 of the Local Government Code, it appears that
the lands reclaimed by the local government pursuant to the latter law are
patrimonial in character unless said local government reserves certain portions of
the reclaimed area for public use such as for plazas, schools, or hospitals, in which
case, the reclaimed land is characterized as lands of the public main.
With this discussion, we can safely infer that private properties may belong to
the State, to the provinces, cities and municipalities or may belong to the private
individuals either individually or collectively. Such properties when they belong to the
State, provinces, cities and municipalities are called "patrimonial property and when
they belong to private entities or individuals, they are called "properties of private
ownership". This is the essence of Article 425 of the NCC.
Under Section 7 Article XIl of the 1987 Constitution, no private lands shall be
transferred or conveyed except to individuals, corporations or associations qualified
to acquire or hold lands of the public domain, save in cases of hereditary succession.
However, a natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of private lands subject to limitations as may be
provided by law. The law that provides the limitations is Republic Act No. 7042 as
amended by Republic Act No. 8179. The rule now is, these former Filipinos are
allowed to acquire and hold lands of the public domain up to 5,000 square meters, if
urban land or three (3) hectares if rural lands.

Article 425. Property of private ownership, besides the patrimonial property of the
State, provinces, cities, and municipalities, consists of all property belonging to
private persons, either individually or collectively.

 Where a person has proved his right of ownership over a piece of land and it is
not shown that the State has a superior right thereto, the former must be
recognized as owner even against the State.

Question: When a private land is expropriated for a particular use is abandoned, does
the land expropriated return to its former owner?
Answer: It depends upon the character of the title acquired by the expropriation be it
the state, a province, or municipality or a corporation which has the right to acquire
property under the power of eminent domain. If the land is expropriated for a
particular purpose, with a condition that when the purpose is ceded or abandoned
the property be returned to its former owner. The owner acquires the property. If
however, the decree of expropriation gives to the entity fee simple title, the land
becomes absolute property of the expropriation. The title acquired by the
prescription proceedings cannot be defeated.

Article 426. Whenever by provision of the law, or an individual declaration, the

expression "immovable things or property," or "movable things or property," is used,
it shall e deemed to include, respectively, the things enumerated in Chapter 1 and
Chapter 2. Whenever the word "muebles," or "furniture," is used alone, it shall not be
deemed to include money, credits, commercial securities, stocks and bonds, jewelry,
scientific or artistic collections, books, medals, arms, clothing, horses or carriages and
their accessories, grains, liquids and merchandise, or other things which do not have
as their principal object the furnishing or ornamenting of a building, except where
from the context of the law, or the individual declaration, the contrary clearly appears.

 Disqualifications to Acquire Public Lands

1. Aliens, but they can lease private lands.
2. Private corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand
hectares in area. . (Section 12, Article 12 of the 1987 Constitution)
3. Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve hectares thereof, by purchase, homestead, or grant.
(Section 12, Article 12 of the 1987 Constitution)
 TITLE II OWNERSHIP CHAPTER 1
Ownership in General

Article 427. Ownership may be exercised over things or rights.

 Ownership. - an independent right of exercise enjoyment and control of the

thing for the purpose of deriving therefrom all advantages required by the
reasonable needs of the owner (holder of the right) and the promotion of the
general welfare but subject to the restriction imposed by law and the right of
others.

 Presumption of Ownership. - if a person is in actual possession of a property and

claiming to be its owner, the law presumes that he is the owner thereof.

Basis:
(1) Presumption is in favor of the innocence of a person from any wrongdoing; and
(2) Presumption is in favor of a person who have acted in good faith.
- This presumption, however, is disputable and maybe overthrown by proof.

Contract of Usurfruct. - the right to enjoy the fruits and beneficial use of the
property.
General Rule: One cannot mortgage the land who is not the owner of the same. Right
of possession cannot exist independently without ownership. Ownership is the most
encompassing right of the property.

 The Attributes of Ownership.

 Just utendi - the right to receive from the thing what it produces; the right to
enjoy the property.
 Jus fruendi - the right to enjoy the fruits or benefits derived from the property
 Jus abutendi - the right to consume the thing by its use.
 Jus dispondendi - the right to alienate, encumber, transform, and even destroy
the thing owned.
 Jus vindicandi - the right to reclaim possession of the property from
unauthorized possessors.
 Right of Accession - the right of the owner of the thing incorporated or attached
thereto.

Article 428. The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law. The owner has also a right of action against
the holder and possessor of the thing in order to recover it.
 Rights to Enjoy. - the right to enjoy every property, the benefits, fruits, and
everything attached to it either naturally or artificially. The utilization and
repetition of the property.

Exception: An owner cannot enjoy or use the property in such a manner as to injure
the right of another.

 Jus utendi - right to enjoy (non-consumable).

 Jus abutendi - right to consume (consumable).
 Jus dispondendi - right to dispose of a thing

 Right of Alienation. - No one can give what he does not have. The right to
encumber or limit right to enjoy the property.
 Contract of Antichresis. - ART. 2132. By the contract of antichresis the creditor
acquires the right to receive the fruits of an immovable of his debtor, with the
obligation to apply them to the payment of the interest, if owing,and thereafter
to the principal of his credit.
Antichresis Antichresis is a contract whereby the parties agreed that the
creditor shall apply the fruits of an immovable of his debtor to the payment of the
interest, if owing, and thereafter to the principal of his credit.
 Right to Transform. - To change or destroy or to render a particular thing.
 Right to Recover.- When the thing is withheld or when exclusive possession of
the property is withheld from the owner.
Note: Exclusive possession belongs to the owner.

 Three Kinds of Actions for Possession of Immovable Property

1. Accion Interdictal (Ejectment Suit)
2. Accion Publiciana (Plenary Action to recover possession)
3. Accion Reinvindicatoria (Possesion based on ownership)

 Action for Personal Property

1. Replevin

 Accion Interdictal (Ejectment Suit) - Forcible Entry and Unlawful Detainer

Rule 70. Section 1. Who may institute proceedings, and when. — Subject to the
provisions of the next succeeding section, a person deprived of the possession of any
land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, or other person against whom the possession of any land or building is
unlawfully withheld after the expiration or termination of the right to hold possession,
by virtue of any contract, express or implied, or the legal representatives or assigns of
any such lessor, vendor, vendee, or other person, may, at any time within one (1) year
after such unlawful deprivation or withholding of possession, bring an action in the
proper Municipal Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for the
restitution of such possession, together with damages and costs.

 The only issue involved in this case, is that of physical possession, withheld by
any of the means or special circumstances mentioned.
 The only issue involved in an action for forcible entry and unlawful detainer is
that of physical possession, and the decision in such action is res judicata only on
the question of possession. The fact that the defendant raises a claim of owner¬
ship will not divest the inferior court of jurisdiction over the case; the decision will
be conclusive only on the issue of possession and does not resolve the question
of title or ownership. But if at the trial, it is found that any issue of possession
necessarily depends on the result of inquiring into the title, the jurisdiction of the
municipal or city court is lost, and the action must be dismissed, without
prejudice.

Elements of Forcible Entry:

(1) prior physical possession of the property; and
(2) Unlawful deprivation of it by the defendant through means of force, intimidation,
threats, strategy, or stealth.

Elements of Unlawful Entry:

(1) initially, possession of property by the defendant was by contract with or by
tolerance of the plaintiff;
(2) eventually, such possession became illegal upon notice by plaintiff to defendant
of the termination of the latter's right of possession;
(3) thereafter, the defendant remained in possession of the property and deprived
the plaintiff of the enjoyment thereof; and
(4) within one year from the last demand on defendant to vacate the property, the
plaintiff instituted the complaint for ejectment.

When to file?
A forcible entry and unlawful detainer action must be brought within one year
from the unlawful deprivation or withholding of possession. The one-year period
within which to bring an action for forcible entry is counted from the date of actual
entry on the land by the intruder, except when the entry was made through stealth,
that the one year period is counted from the time the plaintiff learned thereof. In
unlawful detainer, however, the one year period is counted from the date of the last
demand directing defendant to vacate.

 No demand is necessary for a lessee to vacate when it is specifically provided for

in the agreement that he should vacate the premises without necessity of further
demand upon failure to comply with the terms of the agreement.
 The only damages that can be recovered in an ejectment suit are the fair rental
value or the reasonable compensation for the use and occupation of the real
property. Other damages must be claimed in an ordinary action. Whatever this
amount may be will not affect the court’s jurisdiction over the forcible entry and
unlawful detainer case. Damages to be obtained from the business to be located
in the premises or for material injury caused to the premises cannot be claimed
in connection with or as incidental to an action of illegal detainer or forcible
entry. Moral, exemplary and actual damages are not considered as rents nor
reasonable compensation for the use and occupation of the premises nor fair
rental value.
 The defendant, however, may set up a counterclaim for moral damages and
recover it if within the jurisdiction of the court. If the claim is beyond the court’s
jurisdiction it may be set up not by way of defense to weaken plaintiffs claim, but
to obtain an award.

Tolerated possession: A person who occupies the land of another at the latter's
tolerance or permission, without any contract between them, is necessarily bound by
an implied promise that he will vacate upon demand, failing which, a summary action
for ejectment is the proper remedy against him.

 Accion Publiciana - a plenary action to recover possession or the right to possess.

It deals with the query “who has the better right of possession independent of
the title of ownership. It is filed after 1 year from the accrual of the right of action
or after the 1 year period for the filing of ejectment suit.

 Whenever the owner is dispossessed by any other means than those mentioned
in said rule, he may maintain a plenary action to recover possession in the Court
of First Instance, and it is not necessary for him to wait until the expiration of one
year before commencing such action. It may also be brought after the expiration
of said period of one year, if no action had been instituted for forcible entry and
detainer during that time in the inferior court.
 But after judgment is rendered in a forcible entry and detainer case, another
plenary action cannot be maintained, because the matter of possession has
become res judicata and cannot be discussed in a new action. The pendency of
an action publidana does not bar execution of a judgment for forcible entry.
When possession of land by another is due to tolerance of the owner, the action
for ejectment is action publiciana not forcible entry or unlawful detainer.

Where to file?
 Accion Publiciana may be filed in the MTC or MTC depending on the location
and the assessed value of the real property subject to the litigation.
 The assessed value may be found in the Tax Declaration. If the plaintiff fails to
allege the assessed value, the court cannot determine if it has jurisdiction. The
court will dismiss the complaint.
 Assessed Value of 2 million below - MTC; Assessed Value above 2 million - RTC.

CASES: Nestor Cabrera vs. Arnel Clarin and wife, et. al., G.R. No. 215640, November
28, 2016. (In an action to recover property, the jurisdictional element is the
assessed value of the real property subject of the complaint or interest therein. If not
alleged, there is no way to determine which court has jurisdiction over such action.
Courts cannot take judicial notice of the assessed or market value of the land.)
Bangko Sentral ng Pilipinas vs. Feliciano P. Legaspi, G.R. No. 205966, March 2,
2016. (Though, the complaint, on its face, is devoid of any assessed value that
would confer jurisdiction over the RTC, however, such non-inclusion is not fatal if
there is a tax declaration of the property in question attached to the Complaint
showing the assessed value thereof.)

 Accion Reinvindicatoria - real action for recovery of possession and ownership.

This concerns with the query “who among the party is the owner and is entitled
to possess?”

 The former has for its object the recovery of the dominion over the property as
owner, while the latter refers to restitution of the possession only. Once an action
referring to possession has already been decided, such as an action for forcible
entry and detainer, the only action that the owner can bring is that based upon
ownership. A judgment rendered in a forcible entry and detainer case is not
conclusive between the same parties in another action arising out of a different
cause, nor will it bar an action in the Court of First Instance between the same
parties respecting title or ownership of the land or building in dispute.

 Two Things to prove Accion Reinvindicatoria

(1) Identity of the land; and
(2) The title of the land (not certificate of title but basis of claim of ownership)
- The burden is on the person who claims ownership of the property against
the actual possessor.

General Rule: In an action to recover real property, settled is the rule that the plaintiff
must rely on the strength of his title not on the weakness of the defendant’s title.

 Kinds of Boundaries
(1) Natural - permanent landmarks estblished by nature.
(2) Artificial - concrete monument known as MOHON.
 Rule When Area and Boundary is in Conflict. When there is a conflict between
the area and the boundaries of a land, it is the boundaries that prevails for what
really defines a piece of land is not the area mentioned in its description, but the
boundaries therein laid down, as enclosing the land and indicating its limits.
However, it is only when the boundaries given are sufficiently certain and the
identity of the land clearly proved by the boundaries thus indicated that an
erroneous statemnent concerning the area can be disregarded or ignored.
Otherwise, if the boundaries are doubtful, the area stated should be followed.
This is the exception to the rule. Even if the actual area exceeded the area
described the owner has the obligation to deliver the entire area as long as it is
included in the boundary.

Tax Declaration vis-a-vis Technical Description. Tax Declaration is a proof of payment

of real property taxes, whereas technical description pertains to a lot no. The latter
prevails over the former. Tax Declaration and Tax Receipt merely establish a prima
facie proof of payment of property.

 Rules in proof of title.

(1) A certificate of title is considered as conclusive evidence of ownership of the land
described therein.
(2) Tax declarations and tax receipts are not conclusive evidence of ownership.
They constitute mere prima facie proof of ownership or possession of the
property for which taxes have been paid. In the absence of actual, public and adverse
possession, the declaration of the land for tax purposes does not prove ownership.
However, when coupled with proof of actual possession, they are strong evidence of
ownership.

Note: If a certificate of title is obtained through fraud, mistake or misrepresentation

that person does become the owner of the property by virtue of certificate of title,
The court may order the annulment of the title or the cancellation of the certificate of
title and issue and new certificate of title in case the same is registered in the name
of another person.

Article 429. The owner or lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.

Principle of Self-Help.—This provision contains the principle of self help, and

authorizes the lawful possessor to use force, not only to prevent a threatened
unlawful invasion or usurpation thereof. This is a qualification to the rule that a
person should not take the law in his own hands; it is a sort of self defense. It is
lawful to repel force by force. He who merely uses force to protect his possession
does not possess by force.

 The use of such necessary force to protect proprietary or possessory rights

constitutes a justifying circumstance under our Penal Code. The actual invasion of
property may consist of a mere disturbance of possession or of a real dispossession.
If it is mere disturbance of possession, force may be used against it at any time as
long as it continues, even beyond the prescriptive period for an action of forcible
entry. Thus, if a ditch is opened by Pedro in the land of Juan, the latter may close it or
cover it by force at any time. If the invasion, however, consists of a real dispossession,
force to regain possession can be used only immediately after the dispossession.
Thus, if Juan, without the permission of Pedro, picks up a book belonging to the
latter and runs off with it, Pedro can pursue Juan and recover the book by force. If
the property is immovable, there should be no delay in the use of force to recover it;
a delay, even if excusable, such as when due to the ignorance of the dispossession,
will bar the right to the use of force. Once the usurper’s possession has become firm
by the lapse of time, the lawful possessor must resort to the competent authority to
recover his property.

Who May Use Force.—The doctrine of self-help implies that the state of things to be
defended enjoys juridical protection. Hence, if the possession is wrongful, an attack
against it would not be unlawful. Thus, the person possessing in the name of another
would not be entitled to self-help against the real possessor; but the latter would
have a right against the former.
The right to use force to defend property is given only to the immediate
possessor. Thus, it cannot be availed of by a lessor against a lessee in possession but
who has lost the right to continue possessing the property. But the possessor need
not have a real or personal right over the thing; he may have no right over it at all.
There must, however, be a real aggression, an imminent violation of law. Preventive
force to forestall future aggression is not authorized.
Not only the possessor, but also a third person, may take the necessary
measure to repel the aggression. In such case, the third person acts as a negotiorum
gestor; and if he suffers injury in the defense, the possessor must indemnify him.

Nature of Aggression.—The aggression must be illicit or unlawful. The right to self-

help is not available against the exercise of right by another, such as when the latter
executes an extra-judicial abatement of a nuisance. Neither can it be used against the
lawful exercise of the functions of a public official, such as a sheriff attaching
property. The act, however, need not be illicit from the subjective point of view. It is
immaterial that the aggression is executed because of error of fact or law; the
existence of the danger of violation of law and right is sufficient, for the possessor is
not in a position to know the error of the aggressor and he has to make a quick
decision.
Acts to Repel Aggression.—The possessor may do ah acts necessary to repel the
aggression. This will depend upon the extent of the aggression and the
circumstances in each. When there are several means available the possessor must
choose that which shall cause the least damage to the aggressor. The reasonableness
of the defensive acts will be determined by the objective situation and not by what
the possessor imagined to exist. If he uses more force than necessary, then he
becomes liable for damages.

Article 430. Every owner may enclose or fence his land or tenements by means of
walls, ditches, live or dead hedges, or by any other means without detriment to
servitudes constituted thereon.

 By fencing his property the owner is announcing that he is excluding another

from entering or use threof. The owner may exercised self-help. It must be
legitimately exercised without bad faith and mindful with the right of others.

Article 431. The owner of a thing cannot make use thereof in such manner as to
injure the rights of a third person.

 When the owner of property makes use thereof in the general and ordinary
manner in which such property is used, nobody can complain as having been
injured, because the inconvenience arising from such use can be considered as a
mere consequence of community life. But when a person makes an exceptional
or extraordinary use of his tenement, thereby causing injury to third persons, he
should be made liable for the damages caused.
 When the use of the property, for instance, constitutes a nuisance, the owner is
not only liable for damages but the injurious use may also be stopped.14

Rights of Neighbors.— Pothier advances the view that however absolute the rights of
an owner may be, they cannot be exercised to the prejudice of his neighbors; that
the fact of neighborhood imposes certain limitations upon the extent to which an
owner may make use of his property. Sanchez Roman sustains the same theory, that
the owner cannot perform acts prejudicial or offensive to the rights of others; he thus
states that jus abutendi has been erroneously understood as meaning the right to do
what the owner pleases with his property, even to the prejudice of others. This is also
recognized by the decisions of the Spanish Supreme Court before the Civil Code.

Article 432. The owner of a thing has no right to prohibit the interference of another
with the same, if the interference is necessary to avert an imminent danger and the
threatened damage, compared to the damage arising to the owner from the
interference, is much greater. The owner may demand from the person benefited
indemnity for the damage to him.
Comparative Damage.—The seriousness or gravity of the danger must be much
greater than the damage to the property affected or destroyed by the protective act.
If the danger threatens life or limb of persons, the right to proceed against the thing
always exist, but a very slight physical injury would out justify the sacrifice of
another’s property of great value. If the danger threatens property only and not life
or physical invegrity.

Indemnity for Damages.—The present article provides that the owner may demand
from the person benefited indemnity for the damage to him. But, in principle,
according to Von Tuhr, there is no obligation to indemnify for the damage caused by
the defense against unlawful aggression or against dangerous objects. The right to
indemnity exists only when another’s property is damaged by an act in a state of
necessity. Although public interest demands that life and property be saved, even at
the sacrifice of things of much less value belonging to others.

Conflict of Rights.—The right of self-help given in article 429 is not available against
an act in a state of necessity, because there would be no unlawful aggression when a
person acts pursuant to a right.

Article 433. Actual possession under claim of ownership raises disputable

presumption of ownership. The true owner must resort to judicial process for the
recovery of the property.

Resort to Judicial Process.—If a person believes that he is entitled to the possession

of a thing which is in the possession of another, he may ask the latter to deliver
possession. If the demand is refused, the person seeking to obtain possession should
never use force or violence; he should not take the law into his own hands, but must
invoke the aid of the competent court by filing the proper complaint for the recovery
of possession.

Article 434. In an action to recover, the property must be identified, and the plaintiff
must rely on the strength of his title and not on the weakness of the defendant's
claim.

Article 435. No person shall be deprived of his property except by competent

authority and for public use and always upon payment of just compensation. Should
this requirement be not first complied with, the courts shall protect and, in a proper
case, restore the owner in his possession

Rule on ownership in hidden treasure

If the finder of the hidden treasure is the owner of the land, building or
property on which it is found, the treasure shall belong to him. If the finder is a third
person, he is entitled to one-half of the treasure if he is not a trespasser and the
discovery of the treasure is only by chance, otherwise, he shall not be entitled
to any share.
The same rule shall apply even if the land belongs to the State. Treasure
Hunting- governed by Republic Act No. 8492 otherwise known as the "National
Museum Act of 1998 and DENR Administrative Order No. 2002-04 as amended by
DENR AO No. 2004-2003 in relation to Executive Order No. 35 dated September 15,
2001.

Question: Under what circumstances may a landowner limited to the use of the
airspace over his property?
Limits:
(1) Height restrictions annotated on the certificate of title if he acquired the property
subject to such restrictions;
(2) For properties situated near the airports, owners are limited to the reasonable
requirements of aerial navigation;
(3) For properties far from the airport, it is subject to the of the National Building
Code and local provisions ordinances regulating tall structures like antenna poles,
monuments and others.