Ownership is the independent and general right of a person over a thing particularly in possession, enjoyment, disposition and recovery, subject to no restrictions except those imposed by the state or private persons and without prejudice to the provisions of the law. KINDS OF OWNERSHIP

a. Full Ownership – all rights of an owner: i. Jus disponendi ii. Jus fruendi

iii. Jus utendi b. Naked Ownership – right to use and enjoy fruits has

been denied i. Jus disponendi

c. Sole Ownership – ownership vested on one owner only

d. Co-ownership – ownership vested on 2 or more owners

*Usufruct – a right to enjoy the property of another with the obligation of preserving its form & substance

i. Jus fruendi ii. Jus utendi

*Question of Ownership -should be decided in an ordinary civil action and

NOT in summary procedure of Land Registration Act

RIGHTS OF OWNER:

a. Right to enjoy i. Right to use ii. Right to possess

iii. Right to the fruits b. Right to dispose

i. Right to alienate -transfer of property voluntarily and completely

ii. Right to transform iii. Right to encumber

-a burden, impediment on property that lessens the value/less marketable -e.g. easement/lien

iv. Right to destroy/consume

c. Right to vindicate/recover i. Right to exclude a person from the

enjoyment or disposition of the property

ii. Against the unlawful possessor/holder of the property

ACTIONS TO RECOVER OWNERSHIP

a. Recovery of Personal Property i. REPLEVIN

b. Recovery of Real Property i. Forcible Entry ii. Unlawful Detainer

iii. Accion publiciana iv. Accion Reivindicatoria

REPLEVIN

- Action to recover possession of personal property

FORCIBLE ENTRY(Accion Interdicatal) - Summary action to recover material or

physical possession of real property when a person originally in possession was deprived thereof by force, intimidation, stealth, threat or strategy

- Prescription: Filed within 1 yr (MTC) from the time of disposition/Discovery of strategy or stealth

- Issue: mere physical possession/ possession de facto NOT juridical possession nor ownership

UNLAWFUL DETAINER(Accion Interdicatal) - Action that must be brought when

possession by landlord, vendor, vendee or other person of any land or building is being unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied.

- Prescription: Filed within 1 yr (MTC) from the time of demand

- Issue: there was lawful possession from the start

ACCION PUBLICIANA - Intended for the recovery of the better

right to possess and is a plenary action (merits are FULLY investigated and discussed and the decision is rendered is not based on other suit)

- Prescription: within 10years from the time of possession is lost

- Issue: possession de jure NOT possession de facto

- 2 Kinds of Accion Publiciana: 1. Entry was not obtained thru

FIST/ failure to state FIST 2. Lapse of 1year period for

filing forcible entry/unlawful detainer

ACCION REIVINDICATORIA - Action for the recovery of ownership of

real property - Ordinary Prescription(good faith & just

title): within 10years from the time of possession is lost

- Extraordinary Prescription(bad faith & just title): within 30years from the time of possession is lost

- Issue: OWNERSHIP *It is permissible to file both reivindicatoria and detainer over the same land and between the same parties because issues are different *Judgment of ownership usually carries with it the right to possess *Adjudication of Ownership not necessarily include possession

e.g. the defeated party has not been able to show any right to possess independent of his claim of ownership

REQUISITES IN AN ACTION TO RECOVER 1. Property must be identified 2. Strength of Plaintiff’s Title

RIGHTS OF OWNERSHIP LIMITATIONS

a. Imposed by State i. Eminent Domain

- Superior right of the State to own certain properties under certain conditions

- Requisites: o Competent Authority o Due Process of Law o Public Use

Doctrine of Reasonable Necessity

o Just Compensation ii. Police Power

- Right of the State to regulate and restrict personal and property rights for the common weal

- Power to prescribe regulations to promote health, morals,education, good order or safety and the general welfare of the people

- Supreme Law is the general welfare of the people

iii. Power of Taxation - Inherent power to raise income or

defray necessary governmental expenses for public purpose

b. IMPOSED BY LAW c. IMPOSED BY THE OWNER HIMSELF d. IMPOSED BY THE PERSON TRANSFERRING

THE PROPERTY e. CONSTITUTIONAL PROHIBITIONS

SELF HELP DOCTRINE An OWNER or LAWFUL POSSESSOR of a property has the right to exclude any person from the enjoyment or disposition thereof. He may use force if it is reasonably necessary to repel or prevent actual/ threatened UNLAWFUL physical invasion or usurpation of property. STATE OF NECESSITY DOCTRINE The OWNER of the thing cannot refuse interference of another. If such interference is necessary to avert imminent danger or threatened damaged, compared to the damage arising to the owner from the interference is much greater. The owner may DEMAND INDEMNITY from the person BENEFITED for the damage to him. *Present Aggression 2 DISPUTTABLE PRESUMPTION OF OWNERSHIP

Actual Possession

Claim of Ownership SURFACE RIGHT OF A LAND OWNER Owner of a parcel of land owns its surface and everything under it. He can construct any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirement of aerial navigation. TREASURE -any hidden and unknown deposit of money, jewelry or other precious objects - the lawful ownership does not appear

ACTION FOR RECONVEYANCE – a remedy for the rightful owner of the land which has been wrongfully or erroneously registered in the name of another; for the purpose of compelling the latter to transfer or reconvey the land to him. CHAPTER 2: RIGHT OF ACCESSION ACCESSION

- Right is automatic(ipso jure) - Not required prior act of owner - Right by virtue of which the owner owns everything

the property: a. Produces(Accion Discreta) b. Or Incorporated/Attached(naturally or artificially;

Accion Continua) CLASSIFICATION OF ACCESSION

ACCESSION DISCRETA -Right to the fruits

-Right to the ownership of fruits produced by a property

a. Natural Fruits – spontaneous product of soil and

the product of young and other products of animals *pratus sequitor ventrim” – offspring follows the mother *while still growing are real property *ordinarily cannot be pro-rated

b. Industrial Fruits – products made through cultivation of labor *Trees are considered immovable. However, if trees are exploited/cultivated for the purpose to carry on an industry can be considered Fruits *while still growing are real property *ordinarily cannot be pro-rated

c. Civil Fruits – rentals, stock dividends, etc. *Accrue daily, therefore personal property

GR: Fruits belong to the owner EXCEPT: [PULP]

1. Usufructuary 2. Possessor in good faith of the land 3. Lessee gets the fruits of the land

*Lessor gets the civil fruits(rentals) 4. Contract of antichresis

-where the debtor pledges real property to a creditor, allowing the use and occupation of the pledged property in lieu of interest on the loan

Fruits are: [PBA] 1. Products of the land 2. Benefit from Rights

3. Advantaged received from the use of the thing NATURAL & INDUSTRIAL FRUITS Only those that are manifest or born are considered Natural and Industrial Fruits With respect to animals, it is sufficient that they are in the womb of mother, although unborn (to not create doubt, maximum gestation) 2 KINDS OF CROPS:

1. Perennial Crops – deemed manifest from the time their seedlings appear from the ground

2. Annual Crops – deemed to exist when they actually appear on the trees

WITH RESPECT TO ANIMALS:

To not create doubt, maximum period of ordinary gestation

CIVIL FRUITS VS NATURAL AND INDUSTRIAL FRUITS: CIVIL FRUITS:

Accrue Daily; Personal Property; Pro-rated NATURAL & INDUSTRIAL:

While still growing / not gathered- Real property; generally, cannot be pro-rated

ACCESSION VS ACCESSORY ACCESSION: Fruits, Addition or Improvements upon a thing in its 3 forms- Building, Sowing and Planting ACCESSORY: Things joined, attached or incorporated to the principal; Necessary to the principal ACCESSION CONTINUA (REAL PROPERTY)

o Accession Industrial Building Planting Sowing

o Accession Natural ii. Alluvium iii. Avulsion iv. Change of course of rivers v. Formation of Islands

ACCESSION CONTINUA (PERSONAL PROPERTY)

a. Adjunction or Conjunction i. Inclusion(engraftment)

ii. Soldadura(attachment) iii. Tejido(weaving) iv. Pintura(painting) v. Escritua(writing)

b. Mixture

i. Confusion(liquids)

ii. Commixtion(solids)

c. Specification RECEPIENT OF FRUITS (Art 443) He who receives the fruits has the obligation to reimburse the necessary expenses of the 3rd person for the production, gathering or preservation.

*Applicable to gathered crops only [ACCESSION CONTINUA CANNOT APPLY]

PLANTER GOOD FAITH:

Reimbursement is not necessary since the planter in good faith is already entitled to the fruits

PLANTER BAD FAITH: Reimbursement on the necessary expenses and the expenses for the production, gathering and preservation of the LAND *If ungathered(with ref to Art 449) no reimbursement[ACCESSION CONTINUA APPLY]

EXPENSES:

1. The expenses use for the production, gathering and preservation NOT IMPROVEMENTS 2. The necessary expenses, not luxurious

ACCESSION CONTINUA (ACCESSION INDUSTRIAL)

GR: The owner of the land is the owner of whatever is built, sown or planted on his land

*Applicable only if the owner is known; if unknown, no decision can be made

EXCEPTION: Separate Property of Spouses at the expense of Conjugal Partnership a. Value of Property before improvement b. Value of Property after improvement

RULES: 1. If value of property before improvement is greater,

the whole thing belongs to the owner-spouse but without prejudice to reimbursement of the conjugal partnership

2. If value of property after improvement is greater, the whole thing belongs to the conjugal partnership but the owner-spouse must be reimbursed

SOWING VS PLANTING SOWING: Each deposit of seed gives rise merely to a single crop/harvest

PLANTING: more/less permanent trunk/trees are produced, which in turn produce fruits. ACCESSION INDUSTRIAL BASIC PRINCIPLES:[BUGONE)

To the owner of the land must belong the accession

The union/incorporation must be effected in a manner that the separation from the principal would cause substantial injury to either

He who is in good faith may be responsible not penalized

He who is in bad faith may be penalized

ART 453 Bad Faith of one party neutralizes Bad Faith of another, both shall be considered in good faith

No one should enrich himself unjustly at the expense of another

2 PRESUMPTIONS of accession industrial:

1. All works, sowing and planting are presumed made by the owner

2. and at his expense, unless contrary is proved ART. 447 LAND OWNER WHO USES THE MATERIALS OF ANOTHER LAND OWNER GOOD FAITH: Land owner becomes the owner of the materials Land owner pays for the value of materials

Owner of Materials: can removed the materials PROVIDED that it can be removed without injuring to the work made or plants

LAND OWNER BAD FAITH:

Land owner becomes the owner of the materials Land owner pays for the value of materials and damages

EXCEPTION:

If the Owner of materials chooses to remove the materials, whether or not the destruction would cause, he will not be paid for the value of materials.

Yet Owner of materials is still entitled for damages

*Damages- not only the loss value but also the profit

OWNER OF THE MATERIALS (RIGHTS AND OBLIG) OWNER OF MATERIALS GOOD FAITH: Right to reimbursement of the value of materials OR Right to remove the materials without destruction OWNER OF MATERIALS BAD FAITH:

Absolute Right to damages and Right to remove even w/ destruction OR Right to reimbursement and damages if he does not remove QUESTION: If the landowner chooses to return the materials? YES it is ok. PROVIDED that there have been no damaged in the materials (at the landowner’s expense)

WHAT IS BAD FAITH (BPS) if the builder, planter or sower is aware that he makes use of the materials/land of another

WHAT IS GOOD FAITH(BPS) if the builder, planter or sower did not know that they had no right over the materials or land

PRESUMPTION OF GOOD FAITH Good faith is always presumed, upon him who alleges bad faith rests the burden of proof

***PERSON BUILDS IN GOOD FAITH ON THE LAND OF ANOTHER- ART 448 APPLIES***

- Planters, sowers or builders believe themselves to be owners of the land or at least, to have a claim thereto

ART 448 LAND OWNER GOOD FAITH & BPS GOOD FAITH: Landowner may:[AC]

1. Appropriate for himself the work done with proper indemnity(necessary + useful expenses of the thing built)

2. Compel builder to buy the land OR pay for the rent(if the value of the land is considerably higher)

The owner cannot refuse to exercise either option(choice of land owner is preclusive)

Co-owner is not a 3rd person

Construction must be permanent in character attached to the soil with an idea of perpetuity

If transferrable or transitory character, there can be no accession

o Proper remedy of landowner is to demand action to eject

o *landowner does not have the right to remove the construction, it is only when the builder fails to pay the value of the land(if he chose the 2nd alternative)

BPS GOOD FAITH:

Have the right to be indemnified for the necessary and useful expenses. IF BPS HAS NOT YET BEEN INDEMNIFIED he has the right of retention to the land and the improvements. All necessary and useful expenses must be paid in full by the landowner

During the period of retention, if the BPS receives the fruits it should be accounted. Since the amount of fruits received shall be deducted from the amount of indemnity.

Q: What if the property of landowner has been damage due to the building, planting and sowing does he have the right to be compensated? NO. Since Art 448 does not give him such right. This Article is based on equity provided that the builder, planter or sower is without negligence.

LANDOWNER GOOD FAITH REMEDY:

If the builder does not pay, he has the right to remove the improvement made by the builder

LESSEE( BUILDER IN GOOD FAITH): A Lessee CANNOT BE A BUILDER IN GOOD FAITH because they came into possession of the lot by virtue of a contract. They are estopped to deny their landlord’s title or assert better title.

*ART 546 NECESSARY EXPENSES

-Possessor in good faith is entitled to reimbursement and has the right to retention; Bad Faith- no right of retention -for the cultivation, production and preservation of the land & those made for the necessary repairs of the thing built -without which the thing would physically be lost or deteriorate

NOT NECESSARY EXPENSES: 1. Land Taxes (necessary for the

continuance of possession) 2. House constructed on a land possessed

by stranger 3. Land purchased through sheriff’s

auction sale to prevent redemption USEFUL EXPENSES

-Possessor in good faith is entitled to reimbursement and has the right to retention; Bad Faith- no right of retention & no right to be indemnified in useful expenses

ART 449 LANDOWNER GOOD FAITH & BPS BAD FAITH: BPS BAD FAITH

-Loses what is built, planted or sown -without right to indemnity -pay damages -entitled to the necessary expenses of preservation of land LANDOWNER GOOD FAITH[ADC] 1. APPROPRIATE what has been built, planted/

sown without obligation to pay indemnity for its value or expenses

a. ART 452 but with obligation to pay necessary expenses NOT OF THE HOUSE but FOR THE PRESERVATION OF LAND

b. plus damages(paid by BPS Bad Faith)

2. ART 450 DEMAND demolition of work, or that the planting or sowing at the expense of BPS BAD FAITH plus DAMAGES

3. COMPEL the builder, planter to pay for the value of the land WHETHER OR NOT THE VALUE OF THE LAND is considerably higher or the sower to pay proper rent plus DAMAGES

* Landowner is ENTITLED TO DAMAGES Art 449 not applicable to gathered and harvested products since this article is an application of the rule of accession WHAT IS BAD FAITH (LANDOWNER)

Act was done with his knowledge and he did not oppose

ART 447 LANDOWNER BAD FAITH & BPS GOOD FAITH:[PR] 1. Landowner pays for the value of the thing built

plus damages 2. BPS has the right to remove the thing built plus

damages indemnified by landowner(bad faith) ART 455 LANDOWNER(BF/GF), BPS(BF/GF) & OWNER OF MATERIALS(GOOD FAITH) RIGHTS OF OM(LANDOWNER& BPS -BAD FAITH):

1. Loses all the rights to be indemnified 2. He can be liable for consequential damages

*BAD FAITH of OM – with the knowledge that the materials has been used but did not oppose.

RIGHTS OF OM(LANDOWNER& BPS -GOOD FAITH):

1. Entitled to reimbursement from the builder principally(since it is the builder who 1st use the materials)

2. If Builder is insolvent, the landowner is subsidiarily liable, IF HE MAKES USE OF THE MATERIALS *The landowner only makes use of the materials if he appropriates the construction.

If the landowner compels the builder to: 1. Purchase the land

2. Demolish the construction, the land owner does not use the materials, hence he cannot be subsidiarily liable

ART 456 GOOD FAITH W/ NEGLIGENCE NEGLIGENCE: No intention to do wrong BAD FAITH:

Presupposes intent to cause damage/prejudice

*Good Faith does not necessarily exclude negligence which gives right to damages under art 2176

*If there is negligence, he is obliged to pay for the damage alone

ACCESSION CONTINUA(ACCESSION NATURAL) FORMS:[AACF]

1. ALLUVIUM(ART 457) 2. AVULSION(ART 459) 3. CHANGE OF COURSE OF RIVERS(ART 461 -462) 4. FORMATION OF ISLANDS(ART 464-465)

ART 457 ALLUVIUM

To the owners of the lands adjoining the banks of river belong the accretion which they gradually receive from the effect of waters -MEANING: soil deposited or added to (accretion) the lands adjoining the river banks, GRADUALLY received as an EFFECT OF CURRENT OF WATERS -BY LAW: accretion is owned by the owner of the estate fronting the river bank(riparian owner) *If a river bed gradually changes, the rules on Alluvium applies

ALLUVIUM VS ACCRETION

ESSENTIAL REQUISITES OF ALLUVIUM: [GCCRI] 1. Should be gradual and imperceptible(as to process) 2. Cause is the current of the river NOT due to works

expressly designed for the purpose 3. Current must be of that a river(If a lake, the Spanish

law of water governs; If a sea, deposit belongs to the state)

4. The River must continue to exist(if the river disappears, ART 461 should be applied)

5. The Increase must be comparatively little and not that the area of the riparian owner increases to 150%

It is not necessary however:

1. That the riparian owner should make an express act of possession, the accession being automatic

2. That the riparian owner has paid for the value of riparian estate(in case of purchase) as long as he has already EQUITABLE OR BENEFICIAL TITLE

*ALLUVIUM CAUSED BY ARTIFICIAL MEANS IS PROHIBITED AND PENALIZED unless with Govt’s Authorization *Fish traps – not an artificial alluvium unless there is a deliberate intent to cause alluvium

REASONS WHY ALLUVIUM IS GRANTED TO RIPARIAN OWNER: [LECU] 1. Compensate him for the loss he may suffer due to

erosion/destructive force of the water and danger from floods

2. Compensate him because property is subject to encumbrances and legal easements

3. Interests of agriculture require that the soil be given to the person who is in best position to cultivate the same

4. Since after all, it cannot be said with certainty from whom the soil came, it may just be logically be given to him who can best utilize the property

EFFECT OF PUBLIC SERVICE CONSTRUCTIONS OR EASEMENTS ON RIVER BANKS

1. Accretion belongs to the govt(e.g rail road or a road on a river bank)

2. If there is only easement for the benefit of navigation, floatage, fishing, and salvage, right to accretion belongs to riparian owner *The portion of the land protected by Torrens Title is lost by Alluvium is NOT PROTECTED by the registration, he loses said portion. *An Alluvial Deposit does NOT AUTOMATICALLY become registered land simply because the lot which receives it is covered by Torrens Title although the land owner on the alluvial deposit is made becomes automatically the owner of said deposit, the law not requiring any act of possession on his part from the moment the deposit becomes manifest, STILL OWNERSHIP OF A PIECE OF LAND IS ONE THING and REGISTRATION is ANOTHER. Ownership of the land is covered by the Civil Code Registration of the land is covered by Registration Law

ALLUVIUM ACCRETION

soil deposited on the estate fronting the river

process whereby the soil is deposited

*the owner of such estate is the riparian owner

As per spanish law of waters: Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, lakes by accessions or sediments from the waters thereof, belong to the owner of such land

So in order for the alluvium deposit be imprescriptable, it must be REGISTERED. UNREGISTERED ALLUVIAL PROPERTY is subject to prescription by 3rd persons (it can be lost by prescription after 30 years) Equitable and beneficial title is enough BAY – an opening into the land where the water is shut in all sides except at the entrance; inlet of the sea, distinct from a river,a bending or curbing of the shore of the sea or of lake. ART 458 THE OWNERS OF ESTATES ADJOINING PONDS OR LAGOONS DO NOT AQUIRE THE LAND LEFT DRY BY THE NATURAL DECREASE OF WATERS OR LOSE THAT INUNDATED BY THEM IN EXTRAORDINARY FLOODS This article applies only to Ponds and Lagoons

POND – a body of stagnant water without an outlet LAGOON- a small lake, ordinarily of fresh water & not very deep LAKE – a body of water formed in depressions of earth, ordinarily fresh water, coming from rivers, brooks or springs and connected with sea by them RIVER- natural stream of water CREEK – small stream less than a river TORRENT – violent, rushing and turbulating stream As per Spanish law of Waters: Lands accidentally inundated by waters OF LAKES, OR BY CREEKS, RIVERS OR STREAMS shall continue the property of their respective owners. This is because no real alluvial deposit is made. ART 459 AVULSION MEANING: Process whereby the current of a river, creek, or torrent segregates from an estate on its bank a KNOWN portion of land and transfers it to another estate

ALLUVIUM AVULSION

1. Soil deposits are gradual

1. Sudden/Abrupt process may be seen

2. Soil cannot be identified

2. Identifiable/Verifiable

3. Belongs to the owner of the property to which it attached

3. Belongs to the owner from whose property it was detached

*Absence of evidence, presumption on the deposit to be gradual and caused by alluvium/erosion In avulsion, the original owner should either: 1. Removes the property lost within 2 years

2. If area is too large, asked/ claim for the value of the property within 2 years, Otherwise renounced his right *If he abandoned his right, the portion of the land shall belong to the owner of the estate where it has been transferred

ART 460 UPROOTED TREES Trees uprooted and carried away by the current of waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within 6 months. OBLIGATION OF OWNERS: If owners will claim them, they shall pay the EXPENSES INCURRED in GATHERING them or PUTTING them to safe place. *even if trees are transplanted, this article still applies *condition stated in this article is condition precedent *the recovery can be made within period of prescription *If owner does not claim within 6 months, ownership changes *If instead of being uprooted, the trees still remain attached to the land that has been carried away, it is Art 459 that must govern ART 461 CHANGE OF COURSE OF RIVERS River beds which are abandoned through natural change in the course of waters IPSO FACTO belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied. REQUISITES:

1. Change must be sudden 2. Change must be more/less permanent and not

temporary 3. The change of the river bed must be a natural one

cause by natural forces 4. There must be a definite abandonment by the gov’t. 5. River must continue to exist; it must not be dried

up. Dried up river belongs to the public dominion *”in proportion to the area lost” has no application if only one owner has lost; here, he gets the entire abandoned river bed. If 2 or more owners who have lost their lots, they get the abandoned be proportionately *If the river in its new course occupies private land, then the owner of the private land becomes the owner of the

abandoned river. If the new river bed is on land of the public domain, the abandoned river bed is of public domain. ART 462 NEW RIVER BED IS ON PRIVATE ESTATE The new river bed is on the private property, the bed becomes the property of public dominion, just as the old bed had been of public dominion before the abandonment ART 463 RIVER DIVIDES ITSELF INTO BRANCHES Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current *Owner retains the property segregated/isolated *in comparison with Art464&465-formation of islands-accession takes place. While in Art 463, there is no accession *RULE NAVIGABLE/ NOT NAVIGABLE -Art 463 applies whether the river is navigable or not, the owner should not be deprived of his dominion over the segregated or isolated property ART 464 FORMATION OF ISLANDS Islands which may be formed on the seas WITHIN PHILIPPINE JURISDICTION, on lakes and on NAVIGABLE or FLOATABLE RIVERS belong to the State

1. Seas 2. Lakes 3. Navigable or Floatable Rivers

ART 464 OWNERSHIP OF ISLANDS Islands which through SUCCESSIVE ACCUMULATION of ALLUVIAL DEPOSITS are FORMED in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case shall it be divided longitudinally in halves. If a single island is formed be more distant from one margin than from the other, the owner of the nearer margin shall be the owner thereof If formed on the sea

1. State – if formed within the territorial waters/maritime zone of Phil Jurisdiction

2. FIRST COUNTRY TO OCCUPY – if formed outside the Phil Territorial Water

If formed on lakes, Navigable or Floatable Rivers: 1. STATE – as patrimonial property

If formed on lakes, Non-Navigable or Non-Floatable Rivers:

1. NEARER in Margin to one bank – owner of nearer margin is SOLE OWNER

2. if EQUIDISTANT- LONGITUDINALLY in HALVES each owner getting half

Navigable/Floatable Rivers meaning: Useful for floatage and commerce, whether the tides affect the water or not; should benefit the trade and commerce Non-Navigable/Non-Floatable Rivers meaning: NOT Useful for floatage and commerce *It is the duty of the state to declare which rivers are navigable or not RULE IF A NEW ISLAND IS FORMED between OLDER ISLAND and BANK: Owner of the Older Island is considered the Riparian Owner If the New Island is nearer margin to the older island, the owner of the older island should be considered also the owner of the new island. RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY

1. Adjunction 2. Mixture(Commixtion or Confusion) 3. Specification

ART 466 ADJUNCTION If two movable things belonging to different owners, 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. MEANING: Process by virtue of which 2 movable things belonging to different owners are united in such a way that they form a single object Adjunction sometimes refer to as conjunction Adjunction may either be good faith or bad faith

Different kinds of adjunction: 1. Inclusion 2. Soldering 3. Tejado(weaving) 4. Escritura(painting) 5. Pintura(painting)

Principal Thing, as between two things incorporated, is deemed to be that to which the other

TITLE III-CO-OWNERSHIP Art. 484- There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. CO-OWNERSHIP -A right of common dominion of 2 or more persons have in a Spiritual/Ideal part of a thing which is not physically divided. WHAT GOVERNS CO-OWNERSHIP?

1. Contract 2. Special Legal Provisions 3. Provisions in the Title of Co-ownership

*In default of the 1st-apply the 2nd In the absence of 2nd – apply the 3rd KINDS OF OWNERSHIP From view point of Subject Matter:

1. Co-ownership over undivided thing 2. Co-ownership over right

From view point of Source(How it arises): 1. Law 2. Contract 3. Chance 4. Occupation 5. Succession/Will

From view point of Rights of Co-owners 1. Tenancy in Common 2. Joint Tenancy

TENANCY IN COMMON (CO-OWNERSHIP) VS JOINT TENANCY

TENANCY IN COMMON

JOINT TENANCY

Involves a physical whole

SHARE There is an IDEAL Share

There is no IDEAL Share

DISPOSAL

Each co-owner may dispose his ideal share without the consent of other co-owners

Each co-owner cannot dispose a share without the consent of ALL co-owners

DEATH The deceased co-owner's share shall go to his heirs

The deceased co-owner's share shall go to other joint-tenants by virtue of accretion

BENEFIT Incapacity does not benefit the other Co-owner

Incapacity benefits the others

PRESCRIPTION Prescription runs against them

Presecription does not run against them

CHARACTERISTICS OF CO-OWNERSHIP [21-I-P-J-T] 1. There must be 2 or more subjects/owners(Plurality) 2. There is 1 Physical whole divided into IDEAL Share 3. Each IDEAL SHARE IS DEFINITE IN AMOUNT not

physically segregated from the rest 4. In regards to the Physical whole, each co-owner

must respect each other in the common use, enjoyment or preservation of the physical whole

5. In regards to the Ideal Share, each co-owner holds ALMOST ABSOLUTE CONTROL over the same

6. Not a Juridical Person 7. Each co-owner is in a sense a trustee of the other

Co-owners CO-OWNERSHIP VS ORDINARY PARTNERSHIP

CO-OWNERSHIP ORDINARY

PARTNERSHIP

PERSONALITY No Juridical Personality

Has Legal/Juridical Capacity

SOURCES Created by Contract and other things

Created by CONTRACT ONLY(express/implied)

PURPOSE Collective Enjoyment

Profit

TERM

10 years thru agreement; Excess of 10 years shall be void; 20 years maximum if imposed by donee or testator of the common property

No term limit imposed by law

MUTUAL REPRESENTATION

No Mutual Representation

As a rule, there is no Mutual Representation

DISSOLUTION Not dissolved by death/incapacity

Dissolved by Death/Incapacity of Partner

DISPOSAL OF SHARE

Can dispose without consent of others

Cannot substitute another as partner without the consent of the others

PROFITS/BENEFITS

Profit/Benefit shall depend on proportionate share

Profit may be stipulated upon

CO-OWNERSHIP VS CONJUGAL PARTNERSHIP

CO-OWNERSHIP CONJUGAL

PARTNERSHIP

SOURCES Arises by an ORDINARY Contract

Arises by CONTRACT of MARRIAGE only

SEX Immaterial Must be a Male and a Female

NUMBER Co-owners may be 2 or more

Conjugal partner are only 2(male and female)

PROFITS/BENEFITS Proportional in respective to their Ideal Share

50:50 unless a contrary stipulation thru pre-nup agreement

DISSOLUTION Not dissolved by death/incapacity

Dissolved by Death/Incapacity of Partner

ADMINISTRATION Generally, ALL CO-OWNERS Administers

Generally, the husband administers

LAW ENCOURAGEMENT

Discouraged by Law

Encouraged by Law for Better Family Solidarity

Art. 485- The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. SHARES and BENEFITS -shall be proportionate to the interest of each -Contrary stipulation is VOID -Each co-owner shares proportionately in the accretion or alluvium of the property TAXES -If a co-owner paid for the Tax to prevent forfeiture of the Property such co-owner may COMPEL CONTRIBUTION of other co-owners -If a co-owner have not yet paid, he cannot compel contribution since taxes are not due to him but to the gov’t

Art. 486- Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied. Each Co-owner has the right to use property for the intended purpose(may be altered either express or implied) BUT:

1. Alteration must not injured or prejudiced Co-ownership

2. The other Co-owners shall not be prevented to use the thing

APARTMENT HOUSES -are built either for residential purposes or for stores, accordingly, the occupant may generally use them for either of such purposes Art. 487-Any one of the co-owners may bring an action in ejectment.

Not necessarily other co-owners are included as co-plaintiff in an action. This Article does not apply to co-owners as defendants only as plaintiffs. Any co-owner may file an action against a co-owner, not only to 3rd persons, under this article if the co-owner takes exclusive possession and assert exclusive ownership of the property PRESUMPTION: It is presumed that the action has been instituded for the benefit of all Actions covered:

1. Forcible Entry 2. Unlawful Detainer 3. Accion publiciana 4. Accion Reivindicatoria 5. Quieting of Title 6. Replevin

Main Issue of Ejecment Case: Material and Physical Possession As per Batas Pambansa Blg 129: The inferior courts are now conditionally allowed to adjudicate the issue regarding Title/Ownership. Case: A decision in a suit to QUIET TITLE brought against a CO-OWNER by a 3rd party is not RES JUDICATA with respect to other co-owners because co-owners are not privies per se in relation to the thing owned in common.

Art. 488-Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership. EXPENSES FOR PRESERVATION (NECESSARY EXPENSES) A Co-owner has the RIGHT TO COMPEL the others to share in the expenses of preservation, even if INCURRED PRIOR NOTIFICATION to them BUT HE MUST NOTIFY IF PRACTICABLE. CO-OWNER MAY EXEMPT HIMSELF FROM THE EXPENSES -By RENOUNCING so much of his undivided share as may be equivalent to the expenses and taxes. *One Renouncing NOT NECESSARILY RENOUNCE his ENTIRE UNDIVIDED SHARE Exemption on Renouncing: Renouncing cannot be done if the CO-OWNERSHIP IS PREJUDICED Renouncing Requirements:

1. If renouncing is in favor of the creditors, the said creditor must give consent

-For this would be a case of dacion en pago, where a debtor gives something else in payment of his debt

2. If renouncing is in favor of the other co-owners, a NOVATION WOULD RESULT, other co-owners and creditors must give consent

-NOVATION(form of substitution of debtor) -Creditor’s Consent is necessary only when the expenses have incurred already

REIMBURSEMENT COVERAGE: Covers only NECESSARY EXPENSES not for Useful Improvements or Embellishments. Reimbursement from the estate of deceased co-owner: Can be had PROVIDED NO RENUNCIATION HAS BEEN MADE RENUNCIATION IS NOT IMPLIED BY MERELY REFUSAL TO PAY THE EXPENSES proportionate to the co-owner’s share

Art. 489- Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. CONSENT: REPAIRS, EJECTMENT ACTION – ONE ALTERATION or ACTS of OWNERSHIP –ALL ALL OTHER USEFUL IMPROVEMENTS,LUXURIOUS EMBELLISHMENTS, ADMINISTRATION AND BETTER ENJOYMENT – FINANCIAL MAJORITY IF NO NOTIFICATION WAS MADE: The rest is still liable since repairs were essential. However, due to lack of notification the other co-owners may state that they can find a cheaper or lesser price for the materials and labor used, In such case, the difference of the lesser price and the actual shall be paid by the co-owner who did not notify for the repairs. Practicable: something can be done Practical: Useful Art. 490- Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the fl oor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. PERPENDICULAR OWNERSHIP: Different stories belong to different persons This article applies only if there is no contrary provision of the Titles of Ownership or Agreement

RULES: Proportionate Contribution is required for the preservation:

1. Main Walls 2. Party Walls 3. Roof 4. Other things used in common

Each Floor must bear the expenses of his floor Stairs are to be maintained from story to story, by the users TITLE V. POSSESSION – CHAPTER 1 ART 523 – Possession is the holding of a thing or the enjoyment of a right POSSESSION [FACT AND RIGHT] -FACT(Because it exists) -RIGHT(Because from the time it exist, consequences follow) VIEW POINTS OF POSSESSION 1. RIGHT TO POSSESSION - Right incident to ownership 2. RIGHT OF POSSESSION

-Right independent on itself, independent of ownership (e.g. Lessee)

REQUISITES OF POSSESSION 1.There must be HOLDING/CONTROL of a thing or right 2.There must be DELIBERATE INTENT to possess 3. Possession must be by VIRTUE OF ONE’S OWN RIGHT HOLDING/DETENTION either: a. ACTUAL

* Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession.

b. CONSTRUCTIVE –it is essential that the property be NOT IN ADVERSE POSSESSION OF ANOTHER

*Adverse Possession – Concept of Owner, whether in good faith or in bad faith, who CLAIMS to be and ACTS as if he is the Owner

STAGES OF POSSESSION 1.MERE HOLDING/ HAVING, w/o any right or whatsoever e.g. Possession of Thief 2.POSSESSION WITH A JURIDICAL TITLE but not of an owner -called: JURIDICAL POSSESSION

e.g. Possession of a Lessee, Usufructuary, depositary/pledgee

3.POSSESSION WITH A JUST TITLE but not from a true owner -called: REAL POSSESSORY RIGHT e.g. Possession of Good Faith 4.POSSESSION WITH A TITLE OF DOMINIUM -With a JUST TITLE FROM THE OWNER -Possession that springs from Ownership CLASSES OF POSSESSION

a. In ONE’S OWN NAME/in ANOTHER b. CONCEPT OF OWNER/CONCEPT OF HOLDER c. In GOOD FAITH/in BAD FAITH

*OWNERSHIP IS DIFFERENT FROM POSSESSION -Hence, a judgment of ownership does NOT NECESSARILY INCLUDE POSSESSION as a necessary incident

OWNERSHIP POSSESSION

Exists when a thing pertaining to one person is completely subjected to his will in a manner not prohibited by law and not inconsistent with the rights of others

Holding of a thing or Enjoyment of a Right

ISSUE ON PHYSICAL POSSESSION The issue should be threshed out in an ejectment suit, and not in any other case such as an action for declaratory relief to avoid multiplicity of suits ART 524 – Possession may be exercised in ONE’S OWN NAME/in ANOTHER NAMES UNDER WHICH POSSESSION MAY BE EXERCISED:

1. One’s Own Name 2. Name of Another

Who is in Actual Possession of a Rented Parcel of Land? In the concept of Owner-

If the Lessor is not the owner- The LESSOR thru the TENANT

If the Lessor is the owner Possessor-Owner

In the concept of Holder- The TENANT

POSSESSION IN ANOTHER’S NAME [VUN] 1.Voluntary

-When the agent possesses for the principal by virtue of agreement

2.Necessary -When the mother possesses for a child still in the maternal womb

3.Unauthorized -This will become the principal’s possession only after there has been ratification without prejudice to the effects of negotiorum gestio *Negotiorum Gestio – arises when one voluntarily takes charge of the agency/management of the business or property of another without any power or authority from the latter ART 525- Possession of things/rights may be had in one of the two concepts either in the CONCEPT OF OWNER or in that HOLDER of a thing/right to keep it or enjoy it, the Onwership pertaining to another CONCEPT OF OWNER

One who, whether in GOOD FAITH or BAD FAITH, CLAIMS to be and ACTS as if he is the owner.

CONCEPT OF HOLDER Recognizes another to be the owner

e.g. Tenant, Usufructuary, Depositary/Bailee in Commodatum *Regarding their respective rights, all are possessed by them in the concept of another

ART 526- He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult question of law maybe the basis of good faith. POSSESSOR IN GOOD FAITH

One who is unaware that there exists a in his title/mode of acquisition any flaw which would invalidates it Entitles to Necessary Expenses with Right to retention until reimbursement

POSSESSOR IN BAD FAITH One who is not in Good Faith

a.) If circumstances exist that requires a

prudent man to investigate, he will be in bad faith if he does not investigate

b.) Purchaser from a suspected thief

c.) Purchases at a public auction subject to litigation or to 3rd party claim

d.) Purchaser from a person with forged title

e.) Squatters on church land who know it to be temporarily abandoned because of war

f.) A tenant who continue to occupy property after the lease expiration

g.) A purchaser from tenant of the property, knowing that the property belong to another

h.) Persons who take possession of hereditary estate of a relative and deliberately excluded from the estate the child of the estate

i.) One who buys from one who is not the registered owner and did not examine the Certificate of Title

j.) One who was informed by the seller that there no exist a Torrens Title, however, court discovered that the land had already a torrens title.

k.) A buyer of land already in the peaceable possession of a person other than the seller, who does not inquire into the status of the land or the title of the seller of the property

*if there is NO FLAW article should not apply; * FRAUD should NOT BE PRESUMED, it must be established with clear and convincing evidence. *MISTAKE on a DOUBTFUL QUESTION or DIFFICULT QUESTION OF LAW may be the BASIS of good faith.

-If mistake only cannot be made as the basis there must be DOUBTFUL and DIFFICULT

ART 527 – Good faith is PRESUMED, and upon him who alleges bad faith on the part of a possessor rests the burden of proof IN CASES OF FORTUITOUS EVENT: possessor in good faith should not be made responsible; possessor in bad faith should be made responsible ART 528- Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully CONVERSION FROM GOOD FAITH TO BAD FAITH:

A. From the moment facts exist which show that possessor is not unaware

B. It does not matter whether the facts were caused by him or by some other reason

When BAD FAITH BEGINS 1. From the time of the receipt of judicial summons 2. From the time of the receipt of letter from the true

owner, he should investigate. If he does not, but later on defeated, bad faith should be counted not from the time of summons but from the time he receive such letters

ART 529-It is presumed that possession continues to be enjoyed in the same character in which it is was acquired, until the contrary is proved. PRESUMPTIONS OF POSSESSION:[GCNPNPPE]

1. GOOD FAITH 2. CONTINUITY OF CHARACTER 3. NON-INTERRUPTION OF POSSESSION

-From the moment of death of the decedent -One who validly RENOUNCES an inheritance is deemed NEVER to have possessed the same

4. PRESUMPTION OF JUST TITLE -As possessor in the concept of Owner has in his favor the legal presumption that he cannot oblige to show/prove it

5. NON-INTERRUPTION OF POSSESSION OF PROPERTY UNJUSTLY LOST BUT LEGALLY RECOVERED

6. POSSESSION DURING INTERVENING PERIOD -It is presumed that that the present possessor who was also the possessor at previous time, has continued to be in possession during the intervening time unless contrary is proved

7. POSSESSION OF MOVABLES WITH REAL PROPERTY -Possession of Real Property presumes that of movables therein

8. EXLUSIVE POSSESSION OF COMMON PROPERTY

ART 530 – Only things & rights which are susceptible of being appropriated may be the object of possession

WHAT MAY BE POSSESSED?

1. Things – susceptible of being appropriated 2. Rights – susceptible of being appropriated

WHAT CANNOT BE POSSESED? Those things which cannot be appropriated and hence cannot be possessed: 1. Property of Public Dominion 2. Res Communes 3. Easements(If discontinuous/apparent) 4. Things specifically prohibited by law

*RES NULLIUS may be possessed but cannot be acquired by prescription. Since Prescription presupposes prior ownership in another. However, res nullius may be acquired by occupation. TITLE V. CHAPTER 2- ACQUISITION OF POSSESSION ART 531-Possession is acquired by material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right HOW IS POSSESSION ACQUIRED? [MSC]

1. By MATERIAL OCCUPATION(detention) of a thing or the Exercise of a Right(quasi-possession) This also includes: A. constitutum possessorium B. traditio brevi manu

2. By SUBJECTION TO OUR WILL

This includes: a. Traditio longa manu(by mere agreement) b. Traditio simbolica(delivery of keys)

3. By CONSTRUCTIVE POSSESSION/Proper Acts and

Legal Formalities a. Succession b. Donation c. Execution of Public Instruments d. Possession by a sheriff by virtue of court

order DEFINITION: Constitutum Possessorium – exists when a person who possessed property as an owner, now possesses it in some other capacity, as that of a lessee/depositary Traditio Brevi Manu – Opposite of Constitutum Possessorium; Exists when a person who possessed property as a lessee/depositary, now possesses it as an owner

Traditio Longa Manu – Delivery by long hand; Delivery by consent or mere pointing *In the absence of Stipulation:

Ownership of the thing sold shall not pass to the purchaser until he has fully paid the stipulated price; The execution of the sale thru public instrument shall be equivalent to the delivery of the thing

ESSENTIAL REQUIREMENTS OF POSSESSION

1. The Corpus (thing physically detained) 2. The Animus or intent to possess (Whether

evidenced expressly or impliedly) ART 532 Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever; but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. ACQUISITION OF POSSESSION FROM VIEWPOINT OF WHO POSSESSES:

1. Personal 2. Authorized Person 3. Unauthorized Person (Only if subsequently

RATIFIED) ESSENTIAL REQUISITES:

a. For Personal Acquisition [ICO] 1. Intent to Possess 2. Capacity to Possess 3. Object must be capable of being possessed

b. For Authorized Person [ICO] 1. Intent to Possess for Principal 2. Authority or Capacity to Possess for another 3. Principal has intent and capacity to possess

c. For Unauthorized Person [ICR] 4. Intent to Possess for another 5. Capacity of Principal to possess 6. Ratification by principal (should be regarded as

retroactive)

Art. 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. One who validly renounces an inheritance is deemed never to have possessed the same. TIME OF ACQUISITION:

1. If heir accepts – From the moment of death of since there is no interruption(Moreover, the possession of the deceased should be added to the possession of the heir)

2. If heir refuses – Deemed never possessed the same *Applicable if both decedent and heir are in good faith Art. 534- One who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of death of the decedent. CONSEQUENCES OF ACQUISITION OF POSSESSION thru SUCCESSION *If decedent is in bad faith and heir is in good faith- counted only from the date of the decedent’s death

*BAD FAITH POSSESSION of DECEDENT = 1 year possession for the heir *If heir obtained any benefit from the fruits harvested by the decedent during the decedent’s possession, he should reimburse the true owner *Heir does not have the obligation to pay for the value of

*If decedent is in bad faith and Heir is in bad faith – 30 years prescription *If decedent dies and the administrator takes charge – possession starts from the moment of decedent’s death since Heir possesses the land thru the administrator (in the concept of Holder) Art. 535. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor.