MODES OF ACQUIRING OWNERSHIP

Mode vs Title
Mode specific cause that gives rise to ownership because of the 1specific condition
of things,

intention and capacity of the person and

compliance with the

requirements of law. It is the proximate cause that produces real rights.

Title a juridical act that provides for the means or occasion for acquiring ownership
but in itself is not sufficient to produce real rights.
What are the Modes of Acquiring Ownership under the New Civil Code?
Art. 712 (OLD TIPS)
i.
ii.
iii.
iv.
v.
vi.
vii.

Occupation
Law
Donation
Tradition
Intellectual Creation
Prescription
Succession

Occupation
It is the acquisition of a 1corporeal thing, appropriable by nature, and is 2without an
owner by

seizure of the thing with the

intention of acquiring ownership

in

accordance with the rules prescribed by law.

Ownership of lands cannot be acquired by occupation (Art. 714)
-

Lands without an owner are properties of the State.

However, abandoned properties can be acquired by occupation because they
do not belong to the State (Tolentino)

Occupation vs. Possession

i.

Mode of acquiring ownership by holding of the thing vs. Mere holding of the

ii.

thing
It is sufficient to acquire ownership vs. Not in itself sufficient to acquire

iii.

ownership
It is exercised only on things without an owner vs. Exercised on all things,
with or without an owner

Ownership of Animals

i.

Swarm of Bees the owner has the right to pursue it on another persons
property within two days. If he fails to do so or if the pursuit does not

ii.

succeed, then the other person becomes the owner

Wild Animals By capturing; includes those previously captured by returned

iii.

to natural freedom
Domesticated Wild but has been captured, subdued and made use by the
owner that he formed the habit if returning to the owner.
a. Another person cannot become the owner thereof unless he complies
with formalities for ownership of personal property
b. If the animal loses the habit of returning to the previous owner and the
latter does not claim it within 20 days from the time it was captured by
another, the previous owner loses ownership. (Art. 716)
Domestic Reared or born under the power of man.
a. One has to comply with formalities of law before becoming the owner.

iv.

Hidden Treasure
-

Discovered by one on anothers property, entitled to half of the value of the

treasure. (Art. 438)

Discovery must be by chance and not by a trespasser.