Guiritan Notes

7/27/2019 Guiritan Notes

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PROPERTY

1. Define property -

ANS: Property may be defined as anything which is or may be the

object of appropriation.

2. Distinguish between thing n! property "

ANS: Strictly speaking, the concept of thing is broader than the

concept of property, because while property refers only to those

objects which are or may be the object of appropriation, thing

refers also to those which are not or may not be the object of

appropriation. In other words, thing is the genus, while property

is the species.

#. The three $in!s of things% !epen!ing on the nture of their

ownership:

a. Res nullius belong to no one and the reason is that they

not yet been appropriated

b. Res communes really owned by everybody in that the

and enjoyment are given to all mankind.

c. Res alicujus are owned privately, either collectiv

individually

&. '(ssifi)tion of property:

a. ccording to its nature, mobility and non!mobility

". #ovable or personal property

$. Immovable or real property

b. ccording to its ownership

". Public dominion

$. Private ownership

c. ccording its alienability

". %ithin the commerce of man

$. &utside the commerce of man

d. ccording to its e'istence

". present property

$. future property

e. ccording to its materiality or immateriality


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". (angible or corporeal )can be seen or touched*

$. Intangible or incorporeal )rights or credits*

f. ccording to its dependence or importance

". Principal

$. ccessory

g. ccording to its capability of substitution

". +ungible )capable of substitution by other things of the same

uantity and uality*

$. -on!fungible )incapable of such substitution, hence, the

identical thing must be given or returned*

h. ccording to its definiteness

". eneric

$. Specific

i. ccording to whether in the custody of the court of free

". In /custodia legis0

$. +ree property )not in /custodia legis0*

*. +s the ,un o!y% whether !e! or (i/e% re( or person(

property-

ANS: %hether dead or alive, it is neither real or personal property, for

it is not even property at all, in that it generally cannot be

appropriated. It is indeed, a thing or a being, for it e'ists1 in fact,

it is tangible or corporeal being a thing. %hile a human be

alive, he cannot, as such, be the object of a contract, fo

considered outside the commerce of man. 2e may, of c

offer to another the use of various parts of the body. 2e

donate part of his blood, may even sell part of his hair1 b

cannot sell his body.

0. The !ifferent )!ei) )(ssifi)tions of re( properties "

ANS:

". Immovables by nature, or those which cannot be move

place to place, such as those mentioned in -os. " )with re

to land and roads* and 3 in rt. 4"5 of the -66.

$. Immovables by incorporation, or those which are attached

immovable in such a manner as to form and integra

thereof, such as those mentioned in -os." )e'cept la

roads*, $, 8, and 4 of rt. 4"5, -66.

8. Immovables by destination, or those which are placed

immovable for the use, e'ploitation or perfection of

immovable, such as those mentioned in -os. 4, 5, 9, : an

rt. 4"5, -66.

4. Immovables by analogy, or those which are cons

immovables by operation of law, such as those mentio

-o. "< of art. 4"5, -66.

. The fo((owing re io/b(e properties enuerte! by (w "

ANS:


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a. =and, buildings, roads and constructions of all kinds adhered to

the soil1

b. (ress, plants, and growing fruits, while they are attached to the

land or form an integral part of an immovable1

c. >verything attached to an immovable in a fi'ed manner in such

a way that it cannot be separated therefrom without breaking thematerial or deterioration of the object1

d. 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 tenements1

e. #achinery, 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 works1

f. nimal houses, pigeon houses, beehives, fishponds 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 it1 the

animals in these places are included1

g. +ertili?er actually used on a piece of land1

h. #ines, uarries, and slag dumps, while the matter thereof forms

part of the bed, and waters either running or stagnant1

i. @ocks and structures which, though floating, are intended by

their nature and object to remain at affi'ed place on the river,

lake or coast1

j. 6ontracts for public works, and servitudes and other real rights

over immovable property. )rt. 4"5-66*

. Re3uisites in or!er tht )hinery y be )onsi!ere

io/b(e property "

ANS:

". (he machinery must have been placed by the owner

agent of the same.

$. n industry or works must be carried on in the building or

8. (he machinery must tend directly to meet the needs

industry or works1

4. (he machinery must be essential and principal to the purs

of the business of the owner, and not merely incidental.

4. 5hen 6)hinery tt)he! to (n! or teneent )ons

io/b(e "

ANS: In par. 5 of rt. 4"5, -66.

(he e'ception is when placed on the land or tenemen

tenant. )@avao Sawmill vs. 6astillo*

(he e'ception to the e'ception is when the tenan

promised to leave the machinery on the tenement at the

lease, or when he acted only as agent of the owner of the

)Aalde? vs. 6entral*


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17. +s bui(!ing n io/b(e property8

ANS: Bes, it is obvious that in the enumeration of immovable

properties in rt. 4"5, -66, a building is mentioned

independently of the land. Cy this, there is no other conclusion

that a building is by itself an immovable property. )=ope? vs.&roso, Dr.*

11. 6y bui(!ing be )onsi!ere! person( property "

ANS: Bes. If there is a stipulation as when it is used as security in the

payment of an obligation where a chattel mortgage is e'ecuted

over it. It may also be considered personal if the building is

being bought for purpose of demolishing the same. In this case,

the materials resulting from the demolition are being bought.

12. +s ortgge on (n! o/b(e or io/b(e property8

ANS: It depends. If the mortgage is registered in the Registry of

Property, it constitutes a real right over an immovable within the

meaning of -o. "< of rt. 4"5 of the -66, which declares that

the contracts for the public works, servitudes and other real

rights over immovable property are classified as immovable

property. 2owever, if the mortgage is not registered in the

Registry of Property although valid as between the contracting

parties, it cannot be classified as immovable property.

1#. +s brong-brong bui(t on the pr)e( of (n! be(onging to hi be

)(ssifie! s io/b(e property "

ANS: -o, because the structure must be more or less perman

nature in order that it may be classified as an immovable

same is a mere superimposition on the land, lik

barongbarong, the same is not an immovable property.

1&. Spphire owns house n! (ot. The house is !e of )oteri(s. Spphire so(! it to Eer(! for purposes of !eo

,ow is the house )(ssifie!8

ANS: It is movable or personal property. In one case the Su

6ourt ruled that a building sold to be demolished m

considered personal property because the true object

sale would be the materials.

1*. The fo((owing things re !eee! to be person( property "

ANS:

". (hose movables susceptible of the appropriation whi

not included in rt. 4"5, -66.

$. Real property which by any special provision of

considered as personalty1

8. +orces of nature which are brought under cont

science1

4. In general, all things which can be transferred from pl

place without impairment of the real property to whic

are fi'ed. )rt 4"9, -66*

(he following are also considered personal propertyE


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". &bligations and actions which have for their object movables

or demandable sums1 and

$. Shares of stocks of agricultural, commercial and industrial

entities, although they may have real estate. )rt. 4":,

-66.*

10. ,ow is o/b(e property )(ssifie! ))or!ing to its nture "

ANS: s to their possibility of being consumed by their use, movable

or personal property may be eitherE

". 6onsummable or those which cannot be used in a manner

appropriate to their nature without their being consumed1 or

$. -on!consummable or those which can be used in a manner

appropriate to their nature without their being consumed. )rt.

4"3, -66*

s to their possibility of being substituted by others of the samekind and uality, they may be eitherE

+ungibles, or those which can be substituted by others of the

same kind and uality1 or

-on!fungibles, or those which cannot be substituted by other of

the same kind and uality.

1. The tests to be pp(ie! su))essi/e(y in or!er to !eterine wh

n ob9e)t is o/b(e or not "

ANSE ". %hether the object can be transported from place to pla

$. %hether the change of location can take place without

to the immovable to which it may be attached1 and whe

is not included in the enumeration found in rt. 4"5, -66

If the answer to all the above uestion is in the affirmthen the object is movable.

1. +s pinting whi)h the owner (ent to soebo!y% who

tt)he! the se on the w(( of his house to beutify it wit

ob(igtion to return it within one wee$ )onsi!ere! s o/

io/b(e "

ANS: It is movable due to lack of intent to attach it permanently.

";. #ay certain things partake both of the nature of real and pe

property

ANS: Bes, certain things may partake of the nature of rea

personal property at the same time. (his is e'p

recogni?ed in -o. $ rt. 4"9 of the -66, which states th

property which by any provision of law is consider

personalty is deemed to be movable or personal property.

under the 6hattel #ortgage =aw )Sec. :, ct -o. "5


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27. +s /esse( person( or re( property "

ANS:It is a personal property. In the first place, it can be transported

from place to place1 in the second place, the change of location

can take place without injury to immovable to which it may be

attached1 and in the third place, it is not included in the

enumeration of immovable in rt. 4"5 of the -66. 2owever,

because of its importance in the world of commerce, it partakes

of the nature of immovables when it comes to reuirement of

registration. (hus, if it is mortgaged under the 6hattel #ortgage

=aw, the mortgage must be registered not only in the 6hattel

#ortgage Register but also in the office of the 6ollector of

6ustoms at the port of entry.

21. The fo((owing things re property of pub(i) !oinion "

ANS:

". (hose 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.

(hose 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.

22. 5ht is ent by pub(i) (n!s;% pub(i) !oin; n!

go/ernent (n!s;% n! how sh(( we !istinguish one fro theother "

ANS: Public lands and public domain are synonymous. (hey refer only

to government lands which are opened to private appropriation

and settlement by homestead and other similar acts as pro

by law. &n the other hand, public lands and government

are not only public lands, but also other lands already res

for or devoted to pubic use or subject to private right. (he

the government owns lands which are known as public la

public domain as well as lands which are not public lan

public domain.

2#.


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ANS: -o, because the said property is a property of the State intended

for public use or public service.

2. 5ht is the Reg(in Do)trine "

ANS: It is a doctrine which reserves to the State the full ownership of

all natural resources or natural wealth that may be found in the

bounds of the earth.

2. +f you re n owner of pr)e( of (n!% wht rights !o you h/e on

the se "

ANS: Bou are also the owner of the surface and everything under it.

Bou can make constructions, works, plantations and

e'cavations. Cut your right is not absolute because it is subjectto certain restrictions or limitations like servitudes, special laws,

ordinances, reuirements of aerial navigation and the principles

of human relations.

s regards, the mineral found in it, you are not the owner

because ownership of minerals is reserved in favour of the State

even if the land is a private land. In fact you have no right to

e'tract the mineral without the permission of the State.

24. 5ht is hi!!en tresure n! who owns the se "

ANS: Cy hidden treasure is understood, for legal purpose, any h

and unknown deposit of money, jewelry, or other pr

objects, the lawful ownership of which does not appear.

It belongs to the owner of the land, building or other prope

which it is found.

#7. A(bert foun! hi!!en tresure insi!e the (n! of Teren)e

wi(( the tresure be !i/i!e! if A(bert is usufru)tury of the

(essee> frer> (bourer hire! to (oo$ for it "

ANS: If lberta is usufructuary, or lessee or farmer, she is ent

F of the hidden treasure because they are consider

strangers to the land.

If she is the labourer intended or hired to look for it, s

entitled to her wage or salary only.

#1. Suppose A(bert in the pre)e!ing 3uestion hs n instru

(oo$ for hi!!en tresure% )n she sti(( be )onsi!ere! fin!

)hn)e "

ANS: Bes, because the word /by chance0 means there sho

purpose or intention to look for it.

(he better rule however, is that /by chance0 means / good

whether there was a deliberate search or not for the trea

but no prior agreement as to how it is to be divided. &n


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intentionally looks for it is embraced if he does not ask for

permission, he is a trespasser.

#2. Define ownership "

ANS:It is an independent right of e'clusive enjoyment and control of athing for the purpose of deriving therefrom all advantages

reuired by the reasonable needs of the owner and the

promotion of the general welfare but subject to the restrictions

imposed by law and the rights of others.

##. The tr!ition( ttributes or e(eents of ownership or the rights ofperson o/er his property re "

ANS: a. (he right to enjoy, which includesEDus utendi, or the right to use1Dus fruendi, or the right to enjoy the fruits1 andDus abutendi, or the right to consume the thing by its use.

b. (he right to dispose )jus disponendi*, or the right to alienate,encumber, transform, or even to destroy the property.

c. (he right to vindicate )jus vindicandi*, or the right of actionavailable to the owner to recover the property against theholder or possessor.

#&. The $in!s of ownership re "

ANS: a. full ownership this includes all the rights of the ownerb. naked ownership ownership where the rights to the use

and fruits are denied.

c. sole ownership where ownership is vested in only oneperson.

d. co!ownership where the ownership is vested in two ormore owners.

#*. +s the right of ownership bso(ute "

ANS: It is not absolute because it has limitations which are imfor the benefit of humanity and based on certain legal maa. the welfare of the people is the supreme law of the

/salus populi suprema est le'01b. use your property so as not to impair the rights of ot

/sic utere tuo ut alienum non laedas0.

#0. The (iittions upon the right of ownership "

ANS:". eneral limitations imposed by the State for its benefit s

the power of eminent domain, the police power, and the of ta'ation1

$. Specific limitations imposed by law, such as legal servitud8. =imitations imposed by the party transmitting the property

by contract or by will14. =imitations imposed by the owner himself, such as vo

servitudes, mortgages, pledges, and lease rights1 and5. Inherent limitations arising from conflict with other rights

as those caused by contiguity of property.

%e might add to the above enumeration the constitprohibition regarding acuisition of private land by aliens andconstitutional limitations.

#. As )onse3uen)e of ownership% the rights of person o/property re "

ANS:". (o enjoy the property1$. (o dispose of the property18. (o recover the property from any holder or possessor14. (o e'clude any person from the enjoyment and disposal

property15. (o enclose or fence his land or tenement19. (o just compensation in case of eminent domain1:. (o construct any works, or make any plantation or e'ca

on the surface or subsurface of his land1


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3. (o the ownership of all or a part of hidden treasures found in hisproperty1 and

;. (o the ownership of all accessions to his property.

#. ?or)e in !efense of property 9ustifie! if the fo((owing re3uisites)on)ur "

ANS:

". (he force must be employed by the owner or lawful possessor ofthe property1

$. (here must be an actual or threatened physical invasion orusurpation of the property.

A''ESS+ON

#4. Define ))ession n! is it o!e of )3uiring ownership "

ANS:It is the right pertaining to the owner of a thing over everythingwhich is produced thereby, or which is incorporated or attachedthereto, either naturally or artificially. +rom the very definition itself,it is clear that it is not a mode of acuiring ownership1 it is merely aconseuence of the right of ownership. +urthermore, under rt.:"$ of the -66 which enumerates the different modes ofacuiring ownership or other real rights, accession is not included.

&7. The !ifferent $in!s of ))ession re "

ANS: .* ccession discreta, or the right pertaining to the owner of athing over everything which is produced thereby.

". -atural fruits, or spontaneous products of the soil, andthe young and other products of animals.

$. Industrial fruits are those produced by lands of any kindthrough cultivation of labor.

8. 6ivil fruits are rents of buildings, the price of lealands and other property and the amount of perpelife annuities or other similar income. )rt. 44$, -6

C.* ccession continua, or the right pertaining to the ownething over everything which is incorporated or attthereto, either naturally or artificially.

". %ith regard to immovable propertyEa. ccession industrial, or that which takes pl

case ofE)i* Cuilding)ii* Planting, or)iii* Sowing )rts. 445!455, -66*

b. ccession natural, which may be in the form of e)i* lluvium, or the accretion which

adjoining the banks of rivers, lakes, cretorrents gradually receive from the effethe currents of the waters. )rt. 45:, -6

)ii* vulsion or the accretion which takes

whenever the current of a river, lake, crtorrent segregates from one estate bank a known portion of land and transto another estate. )rt. 45;, -66*

)iii* 6hange of river beds, or that whichplace when a river bed is abandoned ththe natural change in the course owaters. )rt. 49", -66*

)iv* +ormation of islands either on the seasthe jurisdiction of the Philippines, on and on navigable or floatable rivers onavigable and non!floatable rivers. )r-66*

$. %ith regard to movable propertyEa. djunction or conjunction, or that which takes

whenever movable things belonging to diowners are united in such a way that they can


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separated without injury, thereby forming a singleobject. )rt. 499, -66*

b. 6ommi'tion or confusion, or that which takes placewhenever there is a mi'ture of things solid or liuidbelonging to different owners, the mi'ture of solidsbeing called commi'tion, while that of liuids,confusion. )rt. 4:$, -66*

c. Specification or that which takes place whenever a

person imparts a new form to materials belonging toanother person. )rt. 4:4, -66*

&1. To who !oes the offspring of ni(s be(ong when the (e n!fe(e be(ong to !ifferent owners "

ANS: pplying the principle of /partus seuitur ventrem0, the offspringbelongs to the owner of the female.

&1. +s the ru(e of ))ession !is)ret " tht to the owner of the thingbe(ong the ntur(% in!ustri( n! )i/i( fruits " bso(ute in)hr)ter "

ANS: -o. It is subject to the following e'ceptionsE". the thing is in possession of a possessor in good faith in

which case such possessor is entitled to the fruits.$. If the thing is subject to a usufruct in which case the

usufructuary is entitled to the fruits.8. If the thing is leased in which case the lessee is entitled to

the fruits of the thing, although such lessee must pay theowner rentals which are in the nature of civil fruits.

4. If the thing is in possession of an antichretic creditor in whichcase such creditor is entitled to the fruits with the obligationof applying them to the interest and principal.

&2. The bsi) prin)ip(es go/erning ))ession )ontinu re "

-SE ". (hat to the owner of a thing belong the e'tension or increaseof such thing1

$. (hat this e'tension of the right of ownership is reali?edgeneral rule, under the juridical principle that the accefollows the principal )ccessio cedit principali*1

8 (hat this incorporation of the accessory with the prsaving the e'ceptions provided by law is effected onlytwo things are so united that they cannot be sepwithout injuring or destroying the juridical nature of othem1 and

4. (hat, as a general rule, punitive liability attaches to thewho acts in bad faith, but not to the party who acts infaith.

. +f A(ph bui(!s in goo! fith house on the (n! of r/ore the rights of the prties "

ANS: a. (he rights of the owner of the land areE

".* 2e can appropriate the house upon paymeindemnity. (he phrase /upon payment of indemeans that lpha has the right to retain the houselong as Cravo has not yet paid the indemnity1 or

$.* 2e has the right to sell the land to the builder infaith. 2e can compel the builder to buy the land, uthe value of the land is considerably more than theof the building. If so, then the builder must rent remedy is a /forced leaseG.

b. (he right of the builder is to ask for indemnity landowner opts to appropriate the house. (he reason fis that the appropriation without compensation amount to solutio indebiti. nyway, lpha is in good fa

&&. +n the ie!ite(y pre)e!ing 3uestion% )n r/o fi(e sue9e)tent n! pry for !eo(ition upon $nowing tht A(phher house on his (n! "

ANS: -o. 2e has yet to make a choice. If he has not yet done cannot ask for the ejectment of lpha, but if he opted


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the land where the value of the same is not considerably morethan the value of the house, and the builder does not pay theland then lpha can be ejected. If she cannot pay, she shouldnot be allowed to continue using the land.

&*. +f the (n!owner )hooses to pproprite the bui(!ing% )n thebui(!er s$ the owner of the (n! to se(( it inste! "

ANS: -o, because the option to appropriate the building or sell theland belongs to the landowner. (he only right of the builder ingood faith is the right to reimbursement, not to compel the ownerof the land to sell. (he option is not to buy but to sell. (he optionis given to the landowner because his right is older1 andbecause of the principle of accession, he is entitled to the thingattached to his land.

&0. 5ht then is the ree!y (eft to the owner of the (n! if the bui(!erfi(s to py-

ANS: %hile the -66 is silent on this point, guidance may be derivedfrom the decision of the Supreme 6ourt, thusE )"* In #iranda vs.+udalan, ;: Phil. 3


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removed without destruction to the work made or to theplants. In such case, the owner of the materials canmove them.

b. If the landowner is in bad faith $. 2e becomes the owner of the materials but he may pay

their value and damages. (he only e'ception is when theowner of the materials decides to remove them whether

or not destruction would be caused. In this case, thematerials would still belong to the owner of said materialswho in addition will still be entitled to damages.

*1. 5ht re the rights n! ob(igtions of the owner of the teri(s "

ANS: a.* If the landowner acted in good faith ". (he owner of the materials is entitled to reimbursement

provided he does not remove them1$. 2e is entitled to removal provided no substantial injury is

caused1

b.* If the landowner acted in bad faith

". (he owner of the materials is entitled to absolute right ofremoval and damages whether or not substantial injury iscaused1

$. 2e is entitled to reimbursement and damages in case hechooses not to remove.

*2. +f you p(nt n! grow )rops on the fr of your neighbor $nowingfu((y we(( tht the fr is not yours% wht re yours rights withreferen)e to the )rops% if your neighbor is in goo! fith "

ANS: (here is a distinctionE"* If the crops have been already gathered, then you have to return

the value of the crops or the crops themselves minus the e'penses

essential for their production, gathering and preservation1$* If not yet gathered, that is, the crops are still standing, you

completely forfeit them in favor of the owner of the land without anyright of indemnity e'cept of course for the necessary e'penses, notof the crops but of the land.

*#. Define ((u/iu "

ANS: lluvium may be defined as the accretion which the adjoining the banks of rivers, creeks, torrents or lakes grareceived from the effects of the current of the waters.

*&. The ru(e with regr! to ((u/iu8

ANS: (o the owners of the land adjoining the banks of rivers bethe accretion which they gradually receive from the effethe current of the waters. )rt 45:, -66*

(he owners of the estates adjoining ponds or lagoons dacuire the land left dry by the natural decrease of the wor lose that inundated by them in e'traordinary floods. )-66*

**. Define /u(sion "

ANS: vulsion may be defined as the accretion which takes

whenever the current of a river, creek, torrent orsegregates from an estate on its bank a known portion land and transfers it to another estate.

(he rule with regard to avulsion

ANS: %henever the current of a river, creek or torrent segrefrom an estate on its bank a known portion of land and trit to another estate, the owner of the land to whicsegregated portion belonged retains the ownership provided that he removes the same within $ years.

(rees uprooted and carried away by the current of the w

belong to the owner of the land upon which they may be cthe owners do not claim them within 9 months. If such oclaim them, they shall pay the e'penses incurred in gatthem or putting them in a safe place.


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*0. Ru(e on uproote! trees "

>'ampleE Cecause of the force of the river current, some trees on theestate of were uprooted and cast on the estate of C, whoowns the treesH

ANS: should still be considered as the owner of the uprooted treesbut if he does not claim them within si' months, C will become

the owner. If makes the claim, he will have to shoulder thee'penses for gathering or putting them in a safe place.

+ailure to make the claim within 9 months will bar any futureaction to recover the trees.

*. Ru(e if the trees h/e been trnsp(nte! "

ANS: In the e'ample given above, even if the trees have beentransplanted by the owner of the land upon which they havebeen cast on his own land ownership still pertains to theperson who lost the trees provided that the claim was madeproperly. Incidentally, the owner of the land upon which the trees

have been cast does not have to wait for si' months before hecan temporarily set them aside to make proper use of his ownland.

*. Effe)t if )(i is !e but trees re not reo/e! "

If say within 4 months a claim is made but no steps are yet taken torecover the trees, may an action still be filed afterwards for recoveryof the treesH

ANS: It is submitted that the answer is B>S, provided the action isbrought within the period set by law for prescription of movable)since uprooted* property. )rt. ""4< 4 years for ordinary

prescription*. (he si'!month period given in rt. 49< should beconsidered only as condition precedent1 in other words, hasto make the claim within 9 months. (he recovery )asdistinguished from the claim* can be made within the period for

prescription. If no claim is made within si' monthownership changes.

*4. Arti)(e pp(ies to uproote! trees "

If instead of being uprooted, the trees still remain attached to ththat has been carried away, it is rt. 45; that must govern.

rticle 45;E /%henever the current of a river, creek or segregates from an estate on its bank a known portion of the lantransfers it to another estate, the owner of the land to which segreportion belonged retains the ownership of it provided that he remthe same within two years.0

07. 6ust owner of (n! upon whi)h the uproote! trees h/e beebe gi/en )openstion8

ANS: It depends. If he has incurred e'penses for preservingas when he gathered them in a safe place for eventual or when he transplants them only for preservation purphe is doubtless entitled to indemnification. If he has

nothing, he cannot demand indemnification unless hsuffered in any way and the real owner has benefited ifor e'ample, they were not carried away by the current

rt. $$*

Arti)(e &01.River beds which are abandoned through the natural cin the course of the waters ipso facto belong to the owhose lands are occupied by the new course in proporthe area lost. 2owever, the owners of the lands adjoiniold bed shall have the right to acuire the same by payivalue thereof, which value shall not e'ceed the value area occupied by the new bed.

01. Distinguish between ((u/iu n! /u(sion.

ANS: (he $ may be distinguished from each other in the folwaysE


14/80

". In alluvium, the accretion is gradual, whereas in avulsion,it is sudden and abrupt1

$. In alluvium, the accretion cannot be identified, whereasin avulsion, it can be identified1

8. In alluvium, there is merely an attachment, whereas inavulsion there is first detachment followed byattachment1 and

4. In alluvium, the accretion belongs to the owner of the

land to which the attachment is made ipso jure, whereasin avulsion, the ownership is retained by the owner of theland from which it is detached, at least, for a certainperiod.

02. The ru(e with regr! to )hnges in the )ourse of ri/ers.

ANS: River beds which are abandoned through the natural changein the course of the waters ipso facto belong to the ownerswhose lands are occupied by the new course in proportion thearea lost. 2owever, the owners of the lands adjoining the oldbed shall have the right to acuire the same by paying thevalue thereof, which value shall not e'ceed the value of the

area occupied by the new bed )rt. 49", -66*

ttention, however, must be called to the fact that the aboveprovision has already been superseded by the followingprovision of the %ater 6ode of the Philippines )P.@. -o. "


15/80

b. to compensate him because the property is subject toencumbrances and legal easement1

c. the interest of agriculture reuire that the soil be given tothe person who is in the best position to cultivate thesame1

d. since, it cannot be said with certainty from where the soilcame, it is but just that it be given to him who can bestutili?e the property.

00. +f the riprin owner hs tit(e to the (n!% !oes tht )o/er the((u/i( !eposit8 5hy8

ANS: -o, because there is specific technical description of theland. (here must first be an independent application forregistration of the land.

0. 6y the ((u/i( !eposits be (ost by pres)ription in f/or ofnother8 Reson.

ANS: Bes, because it is not covered by a (orrens title. It can be

lost by prescription after 8< years.

0. 5ho owns n bn!one! ri/er be!8 ,ow bout n is(n!fore! on ri/er8

ANS: a. River beds which are abandoned through the natural

change in the course of the waters ipso facto belong tothe owners whose lands are occupied by the new coursein proportion to the area lost. )rt. 49", -66*

b. If the river on which the land is formed is navigable, theisland belongs to the State. )rt. 494, -66*

If the river is non!navigable, the island belongs to the

riparian owner, nearer the island. If the said island is formed e'actlyat the middle of the river, it shall be divided longitudinally in halvesbetween the two riparian owners. )rt. 495, -66*

04. 5ht is !9un)tion n! gi/e the $in!s of !9un)tion8

ANS: It is a process by virtue of which two movables belong

the different owners are united in such a way that theya single object.

(he kinds of adjunction areE

a. engraftment

b. attachmentc. weavingd. paintinge. writ ing

7. +f two o/b(es be(onging to !ifferent owners re unitsu)h wy tht they for sing(e ob9e)t% to who shob9e)t be(ong8ANS: ". %hen both owners had acted in good faithE If th

things which are united cannot be separated fromother without injury, the owner of the principal acuires the accessory, indemnifying the owner o

accessory for its value. )rt. 499, -66*

If the two things can be separated without injuryrespective owners may demand their separation49;, par.", -66*

-evertheless, in case the thing united for theembellishment or perfection of the other is muchprecious that the principal thing, the owner of the fmay demand its separation, even though the thwhich is has been incorporated may suffer some )rt. 49;, par.$, -66*

$. %hen the owner of the accessory had acted in bad%henever the owner of the accessory thing had the incorporation in bad faith, he shall lose theincorporated and shall have the obligation to inde


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the owner of the principal thing for the damages he mayhave suffered. )rt. 4:


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aa. to get the new thing but he has to pay for thework1 or

ab. demand indemnity for material

$. If the worker is in bad faith, the owner of the material hasthe optionEa. to appropriate the work without paying for the labor1

or

b. to demand indemnity for the materials with damages.

(he option to appropriate, however, does not apply if thevalue of the resultant work is more valuable for artistic or scientificreasons.

0. Stte the !istin)tions ong !9un)tion% spe)ifi)tion n!i@ture:

ANS: ". djunction involves at least two things.

#i'ture involves at least two things.Specification may involve only one thing but the form ischanged.

$. In adjunction and specification, accessory follows theprincipal.In mi'ture, co!ownership results.

8. In adjunction, the things joined retain their nature.In mi'ture, the things mi'ed or confused, retain or losstheir respective nature.In specification, the new object retains or preserves thenature of the original object.

. 5ht re the tests in !eterining whi)h of two things is theprin)ip( n! the ))essory8

-SE (he tests areE )"* intention1 )$* value1 )8* volume and )4*

merits.

nder the test of intention, the rule is, that to which a thing isattached is the principal1 and that to which is attached to the thing isthe accessory.

>'ampleE ring and a diamond. Cased on the intention, the ring is the principal and the diamond is the acces

In the case of the ring, if the diamond is more valuablatter is the principal and the ring is the accessory.

nder the test of volume, that which is bigger

principal1 that which is smaller is the accessory.

Since the ring is bigger than the diamond, the ring principal and the diamond is the accessory.

(he test of merits is a combination of utility and volume

B+ET+NC O? T+T


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c. the promotion of right and justice.

1. Nture of the A)tion "

(he result is not binding upon the whole world, therefore not/in rem0. It is /in rem0. It is really /in personam0 because it isenforceable only against the defeated party, or privies and that asuit to uiet title brought against one co!owner, is -&( res judicata

with respect to the other co!owners who were not made partiesthereto. In fact, an action for conveyance, which is really /inpersonam0, has, in at least one case, been considered by ourSupreme 6ourt, as an action to uiet title. (echnically, it is /uasi inrem0, which is an action 0in personam0 concerning real property.

2. Are person( o/b(eF properties referre! to in the )tion to3uiet tit(e8

s the law is worded, -&, because the law says /real

property or any interest therein0. Cut by analogy, the sameprinciples should apply to personal property, particularly vessels,which although movable, partake of the nature of real property.

#. Does the A)tion to uiet Tit(e Pres)ribe8

ANS: It depends.

a. If the plaintiff is in possession of the property, the actionDOES NOT PRES'R+E.

ReasonE %hile the owner continues to be liable to an action,proceeding, or suit upon the adverse claim, he has a continuingright to be given aid by the court to ascertain and determine thenature of such claim and its effect on his title, or to assert anysuperior euity in his favor. 2e may wait until his possession is

disturbed or his title is attacked before taking steps to vindicate hisright. (hus, a buyer of land in ";8", who possesses it from thatdate may still compel the sellerGs successors!interest to e'ecute theproper deed of conveyance in ";54, so that the deed may beregistered.

b. If the plaintiff is NOT in possession of the properaction 6AY PRES'R+E. #oreover, even if the is brought within the period of limitations, it mbarred by


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rticle 435. If a building, wall, column, or any other construction is in dangerof falling, the owner shall be obliged to demolish it or toe'ecute the necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, theadministrative authorities may order the demolition of the

structure at the e'pense of the owner, or take measures toinsure public safety.

Ru(e in 'se of ui(!ing% et).% +n Dnger of ?((ing

>'ampleE

&n Gs estate is a wall facing the street. (he wall is in danger offalling. #ay the owner be compelled to demolish or repair itH Bes, and ifhe does not do so, the administrative authorities may either order itsdemolition at Gs e'pense or take measures to insure public safety.

The 'op(innt "

(he complainant who brings the case must either have his propertyadjacent to the dangerous construction, or must have to pass by necessityin the immediate vicinity. If the construction falls, the owner would be liablefor damages, as a general rule.

rticle 438. %henever a large tree threatens to fall in such a way as tocause damage to the land or tenement of another or totravelers over a public or private road, the owner of the treeshall be obliged to fell and remove it1 and should he not do so,it shall be done at his e'pense by order of the administrativeauthorities.

'7-O5NERS,+P

71. Define 'o-ownership8

(here is co!ownership whenever the ownership of an undthing or right belongs to different persons.

72. 5ht Co/erns 'o-ownership8

a. contractsb. special legal provisionsc. provisions of the (itle on 6o!ownership

In default of the "st, apply the $nd1 in the absence of thapply the 8rd. )rt. 434, -66*

7#. Sour)es of 'o-ownership ,ow +t ArisesF

a. Cy lawb. Cy contractc. Cy chanced. Cy &ccupation or occupancye. Cy succession or will

7&. 'hr)teristi)s of 'o-ownership

". (here must be more than one subject or owner1$. (here is one physical whole divided into ideal shares18. >ach ideal share is definite in amount, but is not phy

segregated from the rest14. Regarding the physical whole, each co!owner must r

each other in the common use, enjoyment or preservationphysical whole1

5. Regarding the ideal share, each co!owner holds absolute control over the same1

9. (he co!ownership does not have juridical personality:. co!owner is in a sense a trustee for other co!owners.

7*. Distin)tions between )o-ownership n! prtnership-

". 6o!ownership has no legal personality1 while partnershiplegal or juridical personality1


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$. 6o!ownership is created by contract or the other things1 while apartnership is created by contract only1

8. (he purpose of co!ownership is for collective enjoyment1 whilepartnership is for profit1

4. n agreement of a co!ownership e'ist for "< years is valid1 whilein partnership, there is no term limit1

5. (here is no mutual representation in co!ownership1 while there ismutual representation in partnership1

9. 6o!ownership is not dissolved by death or incapacity of a co!owner1 while partnership is dissolved by death or incapacity of apartner1

:. co!owner can dispose of his share without the consent of theothers1 while in partnership, a partner cannot substitute anotherin his place without the consent of the others1

3. In co!ownership, profits must depend on proportionate share1while in partnership, profits may be stipulated by the partners.

70. Distin)tions between )on9ug( prtnership n! )o-ownership-

". 6onjugal partnership arises only because of a marriage contract1while co!ownership arises by an ordinary contract1

$. (he parties in a conjugal partnership must be a male and afemale1 while in co!ownership se' is immaterial1

8. In conjugal partnership, the owners are always two1 while in co!ownership, the co!owner may be more than two1

4. In conjugal partnership, the profits are divided eually, unlessthere is contrary stipulation in the marriage settlement1 while in co!ownership, profits are proportional to their respective shares1

5. @eath of either party in conjugal partnership dissolves it1 whiledeath of one in co!ownership does not dissolve it.

7. in!s of 'o-ownership

a. +rom the viewpoint of subject matterE

". 6o!ownership of an undivided thing$. 6o!ownership of an undivided right

b. +rom the viewpoint of source

". 6ontractual co!ownership )an agreement not to divide fyears allowed )rt.4;4, -66*

$. -on!contractual co!ownership )if the source is not a contra

c. +rom the viewpoint of the rights of the co!ownersE". (enancy in common )or ownership in common or ju

ownership as contemplated in rt. 434*.$. Doint tenancy )also called joint ownership*.

7. Rights of the )o-owners-

". +ull ownership of his part and share of fruits or benefits1$. (he right to alienate, assign or mortgage his share18. (he right to substitute another in his enjoyment, e'cept

personal rights are involved )rt. 4;8, -66*4. (he right to e'empt himself from necessary e'penses or ta'

renouncing part of his interest in the co!ownership )rt. 433, -

74. A)tions )o/ere! by the ter E9e)tent; whi)h is one orights of )o-owners re the fo((owing --

a. forcible entry1b. unlawful detainer1c. accion publiciana1d. accion reindivicatoria1e. uieting of title1f . replevin.

17. 6y pres)ription run ginst )o-owner8 Are there e@)eptio

ANS: -o, as a rule. Prescription does not run against co!owneco!heirs as long as the co!ownership is e'pressly or imrecogni?ed.

(he e'ception is repudiation, provided that the folreuisites are presentE


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". 2e must make known to the others that he is repudiating the co!ownership and claiming complete ownership of the entireproperty.

$. >vidence of repudiation and knowledge of others is clear andconvincing.

8. (here is open, continuous, peaceful, public and adversepossession for a period to time reuired under the law.

Note: #ere receiving of rents or profits, payment of ta'es, or constructionof a fence or building would not be sufficient proof of e'clusive oradverse possession because anyone in the co!ownership may do it.@efinite repudiation is necessary.

11. ,ow !o you !eterine the shre of the )o-owners to the benefitsn! )hrges rising fro the )o-ownership8

ANS :(he share of the co!owners in the benefits and charges arisingfrom the co!ownership shall be proportional to their respectiveinterests and any stipulation in a contract to the contrary shall bevoid. 6onseuently, in order to determine the share of the co!owners in the benefits and charges, we must first determine their

respective interests in the co!ownership. nder the law, suchinterests are presumed eual, unless the contrary is proved.)rt. 435, par.$, -66*

12. 5ht re the (iittions upon the right of )o-owner to use thething owne! in )oon8

ANS: (he thing should be used onlyE )"* in accordance with thepurpose for which it is intended1 )$* in such a way as not toinjure the interest of the co!ownership1 )8* in such a way as notto prevent the other co!owners from using it according to theirrights. )rt. 439, -66*

1#. Perpen!i)u(r 'o-ownership-

(his is not an ordinary case of ownership where all the floors andeverything else belong to all co!owners. 2ere, we have a case of/perpendicular co!ownership0 where the different stories belong to differentpersons. (his is still co!ownership for there is some unity in the use or

ornamentation of the property, particularly in the main and commonroof, stairs, etc. (his is uncommon in our country.

NOTE: If the various units are in one plane as when one storeyall sets on the ground the co!ownership may be referred t/hori?ontal co!ownership0. combination of both perpendand horizontal co-ownership can result in a situation very sto a condominium which may be in the form of a b

consisting of several stories, each storey being by itself dinto different units, owned by different persons. -ote thatunit cannot be considered owned in common. nde6ondominium =aw, a condominium corporation can be forto take care of common property, like the common common halls, etc.

1&. +n )o-ownership% un!er wht )ir)ustn)es y )o-own!en! prtition8

ANS: (hey are the followingE

".* %hen there is an agreement, but the period should not e'ce

years1$.* %hen the testator prohibits it, but the period shall be limi

twenty years18.* %hen it is prohibited by law )s in conjugal partnership or ab

community property e'cept in case of legal separation*14.* %hen partition renders the object unserviceable15.* %hen the legal nature of the property does not allow partition

object, like a party wall. )rts. 4;4 7 4;5, -66*

1*. ,ow )o-ownership is e@tinguishe!Gterinte!8

)a* judicial partition)b* e'trajudicial partition

)c* when by prescription, one co!owner has acuired the whole prby adverse possession as against all the others, and repuduneuivocally the co!ownership of the other

)d* when a stranger acuires by prescription the thing owncommon


22/80

)e* merger in one co!owner)f* loss or destruction)g* e'propriation )here the indemnity will be distributed accordingly*.

10. 6y the )o-owners of property gree tht the )o-ownership sh((be for n in!efinite perio!8 5hy8

ANS: -&. In one case, the Supreme 6ourt ruled that the duration of

the juridical condition of co!ownership is not limitless. nderrts. 4;4 and "


23/80

the substance or form of the thing, while the latter relate to thesubstance or essence of the thing itself. nd in relation to the right of aco!owner, the former reuire the consent or resolution of the majority ofthe co!owners, while the latter reuire the consent of all.

21. 5ho hs the right of !inistrtion of the property owne! in)oon8

ANS: (he management of the property owned in common lies, in thefirst place, in the co!owners themselves. In this, management,the majority of interest control, and their decisions are bindingupon the minority. 2owever, the administration may bedelegated by the co!owners to one or more persons, whetherco!owners or not. In such case, the powers and duties of suchadministrators shall be governed by the rules on agency.Should there be no majority, or should the resolution of themajority be seriously prejudicial to those interested in theproperty owned in common, the court, at the instance of aninterested party, may order the appointment of anadministrator.

22. +s the (ese of the entire )ounity property n )t of!inistrtion or n )t of ownership or (tertion8

ANS: =ease of personal property is a mere act of administration andtherefore, reuires the resolution of the majority of the co!owners. 2owever, lease of real property may be an act ofadministration or an act of alteration depending upon thecircumstances of each particular case. (husE )"* If the lease isrecorded in the Registry of Property, whatever may be theduration thereof, it is an act of ownership and therefore,reuires the unanimous consent of all the co!owners, sinceunder the law, a special power of attorney is reuired. )see rt."94:, -66* )$* If the lease is not recorded in the Registry of

Property, but the duration thereof is more than one year, it isalso an act of ownership and, therefore, reuires theunanimous consent of all the co!owners, since, again, underthe law, a special power of attorney is reuired. )see rt. "3:3,-o. 3, -66* )8* If the lease however, is not recorded in the

Registry of Property and the duration thereof is only onor less, it is an act of administration and therefore, mreuires the resolution of the majority of the co!owners.

2#. . 5ht is ent by )on!oiniu8 b. 5ho hs tit(e to the )on!oiniu pro9e)t8

ANS:

a. ccording to the 6ondominium ct )R. . -o. 4:$condominium is an interest in real property consisting of a seinterest in a unit in a residential, industrial or commercial buand an undivided interest in common, directly or indirectly, land on which it is located and in other common areas building. condominium may include, in addition, a seinterest in other portions of such real property.

b. %e must ualify our answer. %hen we speak of the condomproject, we refer to the entire parcel of real property divided odivided in condominiums, including all structures thereon. (hfar as the unit of the project which is being used by a condomowner is concerned, such owner has title thereto, but as far a

common areas, including the land are concerned, all ocondominium owners have an undivided interest or title th2owever, title to such common areas, including the land, mheld by a corporation )hereinafter known as condomcorporation* in which the holder of separate interestsautomatically be members or shareholders, to the e'clusothers, in proportion to the appurtenant interest of their respunits in the common areas.

POSSESS+ON

Possession defined ! it is the holding of a thing or the enjoyma right.

It is really a fact since it e'ists but from the moment it e'ists, cconseuences follows, thus making possession also a right.


24/80

/Right to possession0 is a right or incident of ownership while /Rightof possession0 is an independent right of itself, independent of ownership.

: 5ht re the !egrees of possession8

ANS E a. #ere holding or having without any right whatsoever like thepossession itself.

b. Possession with juridical title, but not that of an owner like that ofa lessee, pledgee or depositary. (his is called juridicalpossession.

c. Possession with just title, but not from the true owner. (his iscalled real possessory right. >'ample is when a person ingoodfaith buys an automobile from another who delivers thesame to the former and who merely pretended to be the owner.

d. Possession with a title of dominium, that is, with a just title fromthe owner. (his is really ownership or possession that springsfrom ownership.

Re3uisites or E(eents of possession:

"* (here must be a holding or control of a thing or a right. $* (here must be a deliberate intention to possess )animus possidendi* 8* (he possession must be by virtue of oneGs own right.

'(sses of possession:

"* In oneGs own name or in that of another $* In the concept of owner or in the concept of holder 8* In good faith or in bad faith

Ownership is !ifferent fro possession.

person may be declared the owner, but he may not be entitled to

possession. (he possession in the concept of holder may in the hands ofanother, such as a lessee or tenant.

rticle 5$4 Possession may be e'ercised in oneGs own name or in thatof another.0

5ho is in )tu( possession of rente! pr)e( of (n!8

(he lessor, thru the tenant, is in actual possession of the lathe concept of the owner* that is, if the lessor is not the owner1 if heowner, he is called the possessor!owner. (he tenant, by himselfactual possession in the concept of holder.

Possession in notherHs ne -

a. voluntary as when an agent possesses for the principal byof an agreement.

b. -ecessary as when a mother possesses for a child still maternal womb.

c. nauthori?ed no authority given to possess a thing.

Suppose I visit a piece of land once in a while and I declare for tapurposes the fact that the land belongs to me, this does not necesmean that I am in possession of the land, for those facts, by themsdo not show possession. -ote however, that the holding of a posseinformation is considered evidence of possession. )Cishop of

Segovia vs. #un. of Cantay, $4 Phils. 84:*

Specific e'amples of possession in the concept of holderE

"* that of the tenant$* that of the usufructuary8* that of the depositary4* that of the bailee in commodatum

Arti)(e *20./2e is deemed a possessor in good faith who is not awathere e'ists in his title or mode of acuisition any flow invalidates it.

2e is deemed a possessor in bad faith who possesses in anycontrary to the foregoing.

#istake upon a doubtful or difficult uestion of law may be theof good faith.0


25/80

: +f person is wre of the !efe)ts of his pre!e)essorHs tit(e%shou(! he be )onsi!ere! in goo! fith or b! fith8

ANS E lthough #anresa says he should be considered in good faithbecause after all the law speaks of his title, not that of thepredecessor, still the fact remains that he is not allowed to get froma person who is not the owner. (herefore, we should consider him

in bad faith unless of course he has valid reasons to believe that hisown title is good.

Cad faith is personal. Dust because a person is in bad faith )knowsof the defect or flaw of his title* does not necessarily mean that hissuccessors in interest are also in bad faith. s a matter of fact, a child orheir may even be presumed in good faith, notwithstanding the fatherGs badfaith.

Arti)(e *2. ood faith is always presumed, and upon him who allegesbad faith on the part of a possessor rests the burden ofproof.

Arti)(e *2. Possession acuired in good faith does not lose thischaracter e'cept in the case and from the moment factse'ist which shows that the possessor is not unaware that hepossesses the thing improperly or wrongfully.

Arti)(e *24. It is presumed that possession continues to be enjoyed inthe same character in which it was acuired, until thecontrary is proved.

Arti)(e *#7. &nly things and rights which are susceptible of beingappropriated may be the object of possession.0

(he following cannot be appropriated and hence cannot be possessedE

a* property of public dominionb* res communesc* easements )if discontinuous or non!apparent*d* things specifically prohibited by law

Res Nu((ius; )abandoned or ownerless property* mapossessed but cannot be acuired because prescription presupposeownership in another. 2owever, said /res nullius0 may be acuiroccupation.

A'B+S+T+ON O? POSSESS+ON

,ow is possession )3uire!-Arti)(e *#1 )orre(te with Arti)(e **

a* by material occupation of a thing or the e'ercise of a)uasi!possession*. (his includes constitutom possessortraditio brevi manu.

b* by the subjection to our will )this includes tradition longa mby mere agreement1 or by the delivery of keys!traditio simb

c* by constructive possession or proper acts and legal forma

'onstituto possessoriu! e'ists when a personpossessed property as an owner, now possesses it in some other caas that of a lease or depositary.

Tr!itio bre/i nu! )the opposite of constitutom possessthis e'ists when a person who possessed property not as an owner lessee*, now possesses it as an owner.

Essenti( re3uireents for possession:

"* the corpus )or the thing physically detained*$* the animus or intent to possess

A)3uisition of possession fro the /iewpoint of who possesses

"* personal$* through authori?ed person )agent or legal representative*

8* thru unauthori?ed person )but if only subseuently ratified*

Essenti( re3uisites:

"* for personal acuisition


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a* intent to possessb* capacity to possessc* object must be capable of being possessed

$* thru an authori?ed persona* intent to possess for the principalb* authorityJcapacity to possess for anotherc* principal has intent and capacity to possess

8* thru an unauthori?ed person )as in negotiorium gestio*a* intent to posses for another )the principal*b* capacity of /principal/ to possessc* ratification by /principal0

Arti)(e *##.(he possession of hereditary property is deemed transmittedto the heir without interruption and from the moment of thedeath of the decedent, in case the inheritance is accepted.&ne who validly renounces an inheritance is deemed never tohave possessed the same.

(ime of acuisition of possessionE

a* if the heir accepts!from the moment of death since there is nointerruption

b* if the heir refuses )or is incapacitated to inherit*!he is deemednever to have possessed the same

Some effects of acuisition of possession thru successionE

If the father or decedent was in bad faith, it does not necessarily

mean that the son was also in bad faith. (he son is presumed tobe in good faith. 2owever, since the father was in bad faith, theconseuences of the good faith of the son should be countedonly from the date of the decedentGs death.

minor may acuire the possession of a fountain pen donated

to him, but in case of a court action, his parent or legalrepresentative must intervene. )rticle 585*

minor and other incapacitated persons may acuire pr

or rights by prescription, either personally or thru their paguardians or legal representatives. )rticle ""'ceptionsE

co!possessors since here, there is no conflict of interest, b

them acting as co!owners

possession in different concepts or different degrees, e'a

both owner and tenant are the possessors as a fact at thetime1 the first, in the concept of an owner1 the second, concept of holder )rticle 583*

RulesJ6riteria to be used in case of conflict or dispute regpossessionE

"* present possessor shall be preferred


27/80

$* if both are present, the longer in possession8* if both began to possess at the same time, the one who presents a

title4* if both present a title, the 6ourt will determine. In the meantime, the

thing shall be judicially deposited.

Preferences of ownership )not possession* in case of double sale)rticle "544* and in double donation )rticle :44*E

a* movable property!preference in ownership is given to theperson who first possessed it in good faith

b* immovable property!preference in ownership is givenE"* to the first who registered his right in good faith in the

Registry of Property$* if there was no registration, to the person who first

possessed in good faith8* if there was no possession, to the person who presents

the oldest title, provided that the title had been acuiredin good faith

In case of conflict between a sale and a mortgage!it is theunrecorded sale that is preferred for the reason that if the original ownerhad parted with his ownership of the thing sold, he no longer had theownership and free disposal of that thing so as to be able to mortgage it.)#aria Cautista vda. de Reyes vs. de =eon =!$$88", Dune 9, ";9:*

6o!possessors of a parcel of land that is mortgaged must be madeparties to foreclosure proceedings, otherwise they cannot be deprived ofpossession of that portion of land actually possessed by them. )6oncha vs.2en. @ivinagracia, =!$:


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The $in!s of tit(es:

"* true and valid title!here there was a mode of transferring ownershipand the grantor was the owner

$* colorable title!that title where, although there was a mode oftransferring ownership, still something is wrong, because the grantoris not the owner

8* putative title!that title where although a person believes himself to

be the owner, he nonetheless is not, because there was no mode ofacuiring ownership

Arti)(e *&2. (he possession of real property presumes that of themovables therein, so long as it is not shown or proved thatthey should be e'cluded.

Arti)(e *&&. possessor in good faith is entitled to the fruits receivedbefore the possession is legally interrupted.

-atural and industrial fruits are considered received from the time theyare gathered or secured.

6ivil fruits are deemed to accrue daily and belong to the ges possessorin good faith in that proportion.0

Arti)(e *&*. If at the time the good faith ceases. (here should be anynatural or industrial fruits, the possessor shall have a right toa part of the e'penses of cultivation, and to a part of the netharvest, both in proportion to the time of possession.

(he charges shall be divided on the same basis by the two possessors.

(he owner of the thing may, should he so desire, give the possessor ingood faith the right to finish the cultivation and gathering of the growingfruits, as an indemnity for his part of the e'penses of cultivation and the net

proceeds1 the possessor in good faith who for any reason whatever shouldrefuse to accept this concession, shall lose the right to be indemnified inany other manner.0

Rights of possessor in the )on)ept of ownerF s tne)essry e@penses:

a* if in good faith!entitled toE". refund$. retain the premises till paid

b* if in bad faith!entitled only to a refund )no right of ret

as penalty* )rticle 549*

Rights of possessor in the )on)ept of ownerF s to the ue@penses:

a* if in good faith!)rticle 549* ". right to reimbursement )of either the amount spent increase in value! /plus value0!at ownerGs option $. right of retention till paid 8. right of removal )provided no substantial injury is c

to the principal, reducing its value!unless the ownee'ercises the option in paragraph " of rticle 54:

b* if in bad faith!the possessor in bad faith is not entitled tany right regarding the useful e'penses

Arti)(e *&.If the useful improvements can be removed without damthe principal thing, the possessor in good faith may rethem, unless the person who recovers the posse'ercises the option under paragraph $ of rticle 549.0 is the option of refunding the amount of the e'pensespaying the increase in value which the thing mayacuired by reason thereof.*

Rights of possessor in the )on)ept of ownerF with referen(u@urious or ornent( e@penses:

F if in goo! fith-


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In general, no right of refund or retention but can remove if nosubstantial injury is caused. 2owever, owner has the option to allowE

"* possessor to remove$* or retain for himself )the owner* the ornament by refunding

the amount spent )rticle 543*

bF if in b! fith-

In general, no right of refund or retention but can remove if nosubstantial injury is caused. 2owever the owner has the option toallowE

"* possessor to remove$* or retain for himself )the owner* the ornament by refunding

the value it has at the time the owner enters into possession)rticle 54;*

Rights of the possessor in )on)ept of ownerF regr!ing fruits:

F. +f in Coo! ?ith :

"* athered or severed or harvested fruits are his own

$* Pending or ungathered fruits pro!rating between possessorand owner of e'penses, net harvest and charges )rt. 545*

bF. +f in ! ?ith:

"* athered fruits must return value of fruits already receivedas well as value of fruits which the owner or legitimatepossessor could have received with due care or diligenceminus necessary e'penses for cultivation, gathering andharvesting to prevent the owner from being unjustlyenriched.

$* Pending or ungathered fruits no rights at all, not even toe'penses for cultivation because by accession, all shouldbelong to the owner, without indemnity. )rt. 44;*

Arti)(e **7 (he cost of litigation over the property shall be borne byevery possessor.

Arti)(e **1 Improvements caused by nature or time shall ainure to the benefit of the person who has succeerecovering possession.

Arti)(e **2 possessor in good faith shall not be liable fdeterioration or loss of the thing possessed, e'ccases in which it is proved that he has actefraudulent intent or negligence, after the j

summons. possessor in bad faith shall be liable for deterioor loss in every case, even if caused by a fortuevent.

Arti)(e **# &ne who recovers possession shall not be obligpay for improvements which have ceased to e'isttime he takes possession of the thing.

Arti)(e **& present possessor who shows his possession atprevious time, is presumed to have held possessalso during the intermediate period, in the abseproof to the contrary.

Arti)(e *** possessor may loss his possessionE

a* Cy the abandonment of the thing1b* Cy an assignment made to another either by on

or gratuitous title1c* Cy the destruction or total loss of the thi

because it goes out of commerce1d* Cy the possession of another, subject t

provisions of rt 58:, if the new possessiolasted longer than one year. Cut the real rpossession is not lost till after the lapse of "


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Arti)(e ** (he possession of immovables and of real rights is notdeemed lost, or transferred for purposes of prescriptionto the prejudice of third persons, e'cept in accordancewith the provisions of the #ortgage =aw and the =andRegistration =aws.

Arti)(e **4 (he possession of movable property acuired in goodfaith is euivalent to a title. -evertheless, one who has

lost any movable or has been unlawfully deprivedthereof, may recover it from the person in possession ofthe same.

If the possessor of a movable lost or of which the ownerhas been unlawfully deprived, has acuired it in goodfaith at a public sale, the owner cannot obtain its returnwithout reimbursing the price paid therefor.

Arti)(e *07 %ild animals are possessed only while they are underoneGs control1 domesticated or tamed animals areconsidered domestic or tame, if they retain the habit ofreturning to the premises of the possessor.

Arti)(e *01 &ne who recovers, according to law, possession unjustlylost, shall be deemed for all purposes which mayredound to his benefit, to have enjoyed it withoutinterruption.

BSB?RB'T

Arti)(e *02 sufruct gives a right to enjoy the property of anotherwith the obligation pf preserving its form and substance,unless the title constituting it or the law otherwiseprovides.

Ownership re((y )onsist of # fun!ent( rights

"* Dus disponendi )the right to dispose*$* Dus utendi )right to use*8* Dus fruendi )right to the fruits*

(he combination of the latter two is called /usufruct0 )from the/usufructus0. (he remaining right )jus disponendi* is really the essewhat is termed /naked ownership0

Rights of )tion /i(b(e to usufru)tury the person entit(e! usufru)tF:

"* ction to protect the usufruct itself

$* ction to protect the e'ercise of the usufruct

Bsufru)t !istinguishe! fro eseents ser/itu!esF:

"* In usufruct, the object may be real or personal property weasement, only real property1

$* In usufruct, what can be enjoyed are all uses and fruits property while easement is limited to a particular use1

8* usufruct cannot be constituted on an easement, but it mconstituted on the land burdened by an easement wheasement may be constituted in favor of, or burdening, aof land held in usufruct1

4* sually e'tinguished by death of usufructuary while easem

not e'tinguished by the death of the owner of the domestate.

Sii(rities between the two:

a* Coth are real rights, whether registered or not1b* Coth right may be registered1c* Coth may ordinarily be alienated or transmitted in accor

with the formalities set by law.

Arti)(e *0# sufruct is constituted by law, by the will of private pere'pressed in acts inter vivos, or in a last will and testaand by prescription.

usufruct over real property being a real right, must b

registered in order to bind innocent third parties.

'(ssifi)tion of usufru)t " ))or!ing to 3untity or e@tent of frua* s to fruits total or partialb* s to object universal or singular or particular


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'(ssifi)tion of usufru)t " s to the nuber of persons en9oying theright:

"* Simple if only one usufructuary enjoys$* #ultiple if several usufructuaries enjoy

"* Simultaneous at the same time$* Successive one after the other

'(ssifi)tion of usufru)t " s to 3u(ity or $in! of ob9e)ts:i. sufruct over rightsii. sufruct over things

"* -ormal usufruct this involves non!consumable things wherethe form and substance are preserved

$* bnormal usufruct usufruct over consumable property likevinegar or money )this is also called uasi!usufruct*

'(ssifi)tion s to ters or )on!itions:"* Pure usufruct no term or condition$* %ith a term or period

>' die from a certain day In diem up to a certain day

8* %ith a condition )conditional*

Ru(es go/erning usufru)t:a* +irst, the agreement of the parties or the title giving the usufructb* Second, in case of deficiency, apply the 6ivil 6ode

In case of conflict between the rights granted as usufructuary byvirtue of a will, and codal provisions, the former, unless repugnant to themandatory provisions of the 6ivil 6ode, should prevail.

R+C,TS O? T,E BSB?RB'TBARY

Arti)(e *00 /(he usufructuary shall be entitled to all the natural,

industrial and civil fruits of the property in usufruct. %ithrespect to hidden treasures which may be found on the landor tenement in any name, that is, with respect to hiddentreasure which may be found on land or tenement, shall beconsidered a stranger.0

Arti)(e *0 -atural or industrial fruits growing at the time the usbegins, belong to the usufructuary. (hose growing time the usufruct terminates belong to the owner.

(his article refers to pending natural or industrial fruits )as thebe no pending civil fruits, for they accrue daily*

Ru(es s to fruits pen!ing t the beginning of usufru)t:

". Celong to the usufructuary1$. -o necessity of refunding owner for e'penses incurred )f

owner gave the usufruct evidently without any thought to reimbursed for the pending fruits*1

8. Cut without prejudice to the right of third persons )(hus, if thehad been planted by a possessor in good faith, the pendinge'penses and charges shall be pro!rated between said possand the usufructuary*

Ru(es s to fruits pen!ing t the terintion of usufru)t:

". Celong to the owner1$. Cut the owner must reimburse the usufructuary for or

cultivation e'penses and for the seeds and similar e'pensesthe proceeds of the fruit1

8. lso, rights of innocent third parties should not be prejudiced.

Arti)(e *0 If the usufructuary has leased the lands or tenement gusufruct, and the usufruct should e'pire befortermination of the lease, he or his heirs and successorreceive only the proportionate share of the rent that mpaid by the lessees.

Arti)(e *04 6ivil fruits are deemed to accrue daily and belong usufructuary in proportion to the time the usufruct may

Arti)(e *1 (he usufructuary shall have the right to enjoy any incwhich the thing in usufruct may acuire through acce


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the servitudes established in its favor and in general, all thebenefit inherent therein.

Arti)(e *2 (he usufructuary may personally enjoy the thing in usufruct,lease it to another, or alienate his right of usufruct, even by agratuitous title1 but all the contracts he may enter into assuch usufructuary shall terminate upon the e'piration of theusufruct, saving leases of rural lands, which shall be

considered as subsisting during the agricultural year.

Arti)(e *# %henever the usufruct includes things which, without beingconsumed, gradually deteriorate through wear and tear, theusufructuary shall have the right to make use thereof inaccordance with the purpose for which they are intended,and shall not be obliged to return them at the termination ofthe usufruct e'cept in their condition at that time1 but he shallbe obliged to indemnify the owner for any deterioration theymay have suffered by reason of his fraud or negligence.

Arti)(e *& %henever the usufruct includes things which cannot be usedwithout being consumed, the usufructuary shall have the

right to make use of them under the obligation of paying theirappraised value at the termination of the usufruct, if theywere appraised when delivered. In case they were notappraised, he shall have the right to return the same uantityand uality, or pay their current price at the time the usufructceases. )(his is a uasi!usufruct*

Arti)(e ** (he usufructuary of fruit!hearing trees and shrubs may makeuse of the dead trunks, and even of those cut!off or uprootedby accident, under the obligation to replace them with newplants.

Arti)(e *0 If in conseuence of a calamity or e'traordinary event, the

trees or shrubs shall have disappeared in such aconsiderable number that it would not be possible or it wouldbe too burdensome to replace them, the usufructuary mayleave the dead, fallen or uprooted trunks at the disposal of

the owner, and demand that the latter remove themclear the land.

The ob(igtions of usufru)tury in the en9oyent of susufru)t o/er woo!(n!:

". #ust bear in mind that he is not the owner and therefore, e'ercise of the diligence in caring for the property, he must see tothe woodland is preserved, either by development or by replantinghe cannot consume all, otherwise nothing would be left for the ow

$. In the cutting or felling of trees, he must a. +ollow the ownerGs habit or practicesb. In default thereof, follow the customs of the placec. If there be no customs, the only time the usufructuary c

down trees will be for repair or improvement, but here the must first be informed.

8. 6annot alienate the trees unless he is permitted by the owner or he needs the money to do some repairs. )Arti)(e *% N''*

In a usufruct of an action to recover through the courts, the usufrucan demand from the ownerE

"* (he authority to bring the action )usually a special powattorney*1 and

$* Proof needed for a recovery.

(he institution of the action may in the usufructaryGs name, for beiowner of the usufruct, he is properly deemed a proper party!in!interthe purpose is the recovery of the property or right, he is still reuiobtain the naked ownerGs authority. If the purpose is to object to or pdisturbance over the property, no special authority from the naked owneeded. )Arti)(e *% N''*

Arti)(e *7 (he usufructuary may set off the improvements hehave made on the property against any damage same.


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Arti)(e *1 (he owner of the property the usufruct of which is held byanother, may alienate it, but he cannot alter its form orsubstance, or do anything thereon which may be prejudicialto the usufructuary.

co!owner may give the usufruct of his share to another evenwithout the consent of the others, unless personal considerations arepresent. (he usufructuray in such a case takes the ownerGs place as toadministration )management* and collection of fruits or interest. )Arti)(e

*2% N''*

If there be partition, the usufructuary continues to have the usufructof the part allotted to the co!owner concerned and if the owners make apartition without the intervention of the usufructuary, this is all right and thepartition binds the usufructuary. -ecessarily however, the naked ownermust also respect the usufruct. )Arti)(e *2% N''*.

O


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e. by the total loss of the thing in usufruct1f. by the termination of the right of the person constituting the

usufruct1g. by prescription

Other )uses re:

a. nnulment1b. Rescission1c. mutual withdrawal1d. legal causes ending legal usurfruct

Rights n! Ob(igtions t the en! of the usufru)t: Arti)(e 012% N''F

A. on the prt of the usufru)tury:

". must return he property to the naked owner1$. the right to retain the property till he is reimbursed for the ta'es

on the capital and indispensble e'traordinary repairs ore'penses1

8. to remove removable improvements or set them off against@amages he has caused Arti)(e *7% N''F.

. On the prt of the n$e! owner:

". must cancel the security or mortgage provided the usufructuaryhas complied with all his obligations1

$. must in case of rural leases, respect leases made by theusufructuary till the end of the agricultural year1

8. make reimbursements to the usufructuary in proper cases.

EASE6ENTS OR SERI+TBDES

Eseent or Ser/itu!e "

Is an encumbrance imposed upon an immovable for the benefit ofa community or one or more persons )personal easements* or for the

benefit of another person belonging to a different owner )real or peasement*.


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3. It is perpetual as long as the dominant andJor the servient estatee'ists unless sooner e'tinguished by causes enumerated by law.

(here is no easement on personal property only immovables maybe burdened with easements.

'(ssifi)tion of Eseents:

A. A))or!ing to prty gi/en the benefit-

". Real or predial for the benefit of another immovablebelonging to a different owner.

$. Personal for the benefit of one or more persons or of acommunity. >'ampleE easement or right of way for thepassage of the community.

. A))or!ing to the nner tht they re e@er)ise!:

". 6ontinuous their use is incessant without the interventionof any act of man1 e'ample easement of drainage.

$. @iscontinuous they are used at intervals and depend uponthe act of man. >'ampleE >asement of a right of way.>asement of =ight and Aiew is continuous.

'. A))or!ing to whether or not their e@isten)e is in!i)te!:

". pparent those made known and continually kept inenjoyment of the same. >'ample Right of way whenthere is an alley or path.

$. -on!apparent they show no e'ternal indication of theire'istence. >'ampleE right of way when there is no visiblepath or alley.

D. A))or!ing to the purpose of the eseent or the nture ofthe (iittion:

". Positi/e Eseent the owner of the servient estate isobliged toE

a.* llow something to be done on his property1 or b.* @o it himself.

$. Negti/e Eseent the owner of the servient estprohibited to do something which he could lawfully doit not for the e'istence of the easement. >'ampleE >asof light and view when the window or opening is onwall or estate.

E. A))or!ing to the sour)e or origin:

". Aoluntary$. #i'ed8. =egal e'ampleE watersE right of way, party wall

,ow eseents re )3uire!:

a.* If continuous or apparent". by (itle$. by Prescription )"< years*

b.* If discontinuous and apparent )only by (itle*c.* If continuous and non!apparent )only by (itle*d.* If discontinuous and non!apparent )only by (itle*

: 6y the eseent of right of wy be )3uire! by pres)rip

ANS: -o, because it is discontinuous or intermittent. Since the domowner cannot be continually crossing the servient estate, but cso only at intervals, the easement is of a discontinuous natur

The Rights of the Doinnt Estte

a. (o e'ercise the easement and all the necessary rights for iincluding accessory easement.

b. (o make on the servient estate all works necessary for thand preservation of the servitude, but!". this must be at his own e'pense


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$. he must notify the servient owner8. select convenient time and manner4. he must not alter the easement nor render it more

burdensome

c.* (o ask for a mandatory injunction to prevent impairment orobstruction in the e'ercise of the easement as when the owner ofthe servient estaste obstructs the right of way by building a wall orfence.

d.* (o renounce totally the easement if he desires e'emption fromcontribution to e'penses

Ob(igtion of the Doinnt Estte

a.* 2e cannot alter the easementb.* 2e cannot make it more burdensome

".* thus, he cannot use the easement e'cept for movableoriginally contemplated1

$.* In the easement of right of way, he cannot increase

c.* If there be several dominant estate, each must contribute tonecessary repairs and e'penses in proportion to the benefitsreceived by each estate and not in proportion to the value ofeach estate.

Rights of the Ser/ient Estte:

a. (o retain ownership and possession of the portion of his landaffected by the easement even if indemnity for the right is givenunless the contrary has been stipulated1

b. (o make use of the easement, unless deprived by stipulationprovided that the e'ercise of the easement is he not adverselyaffected and provided further that he contributes to the e'pensesin proportion to benefits received, unless there is a contrarystipulation1

c. (o change the location of a very inconvenient substitute is madewithout injury to the dominant estate1

Ob(igtions of the Ser/ient Estte:

a.* 2e cannot impair the use of the easement1b.* 2e must contribute to the e'penses in case he use

easement, unless there is a contrary stipulation1c.* In case of impairment, to restore conditions to the status

his e'pense plus damages1d.* (o pay for the e'penses incurred for the change of locat

form of the easement.

Eseents re e@tinguishe!: Arti)(e 0#1F

".* Cy merger of the same person of the ownership of the domand servient estates1

$.* Cy non!use for ten!years, with respect to disconteasements, this period shall be computed from the dwhich they ceased to be used, with respect to conteasements from the day on which an act contrary to thetook place1

8.* %hen either or both of the estates fall into such conditiothe easement cannot be used, but it shall revive subseuent easement condition of the estates or either oshould again permit its use, unless when the use bepossible, sufficient time for prescription has elapsed1

4.* Cy the e'piration of the term or fulfillment of the conditioneasement is temporarily or conditional1

5.* Cy the renunciation of the owner of the dominant estate19.* Cy the redemption agreed upon the owners of dominan

servient estates.


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a.* greement of interested parties provided not prohibited by law norprejudicial to third person1

b.* In default of , general or local laws and ordinances for thegeneral welfare1

c.* In default of C, the 6ivil 6ode

'uses for e@tinguishent of the eseent of right of wy:

a.* &pening of a new road1b.* Doining the dominant estate to another

?or Eseent of Right of 5y for the pssge of (i/esto)$ is:

a.* animal path :5 meters )width ma'imum*b.* animal trail 8: meters and 5< centimetersc.* cattle "< meters

(he easement of a party wall is a compulsory kind of co!ownershipwhere the shares of each owner cannot be separated physically.

(he e'istence of an easement of an easement of a party wall ispresumed, unless there is title, or e'terior sign, or proof of the contrary.)rticle 95;*

Arti)(e 00 (he period of prescription for the acuisition of an easementof light and view shall be counted !!

a.* from the time of the opening of the window, if it is through aparty wall

b.* from the time of the formal prohibition upon the proprietor ofthe adjoining land or tenement, if the window is through a wallon the dominant estate.

5hen eseent of (ight n! /iew positi/e n! negti/e:

a.* Positive ! if the window is thru a party wall. (herefore, theperiod of prescription commences from the time thewindow is opened1

b.* -egative ! If the window is thru oneGs own wall, that is, wall of the dominant estate. (herefore, the timthe period of prescription should begin from thof notarial prohibition upon the adjoining owner

Ru(es with respe)t to the p(nting of trees " Arti)(e 04% N''F

Regarding distances, follow ordinances )if there be any*customs. If either ordinances, nor customs are present, the foldistances must be observedE

a.* (all trees two )$* meters from the boundary line to centhe tree.

b.* Small trees or shrubs 5< centimeters from boundary linecenter of the tree or shrub

(he remedy for violationE demand uprooting of the tree or shru

Ru(es regr!ing intrusions or e@tensions of brn)hes n! Arti)(e 07F

a.* Cranches the adjacent owner has the right to demanthey be cut off )insofar as they spread ovproperty*

b.* Roots he may cut them off himself )because by accessincorporation he has acuired ownership over t

Pres)ription:

a. of the right to demand the cutting of the branches this doprescribe if tolerated by invaded owner1 if demand is prescription runs from the date of said demand1

b. of the right to cut off the roots this is imprescriptible unnotarial prohibition is made


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(he owner of the trees even if the branches and roots have invadedthe adjacent land can cut down the tree himself, for he owns the tree.

Guiritan Notes

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