PROP MemAid

San Beda College of Law
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MEMORY AID IN CIVIL LAW
PROPERTY
PROPERTY All things which are, or may be the object of appropriation Requisites: (USA) 1. utility 2. substantivity or in ivi uality !. appropriability I. A. IMMOVABLE PROPERTIES 1. lan , buil ings, roa s an constructions of all "in s a here to the soil# 2. trees, plants an growing fruits, while they are attache to the lan or form an integral part of an immovable# !. everything attache to an immovable in a fi$e manner in such a way that it cannot be separate therefrom without brea"ing the material or eterioration of the object# %. statues, reliefs, paintings or other objects for use or ornamentation, place in buil ings or on lan s by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements# &. machinery, receptacles, instruments or implements inten e by the owner of the tenement for an in ustry or wor"s which may be carrie on in a buil ing or on a piece of lan , an which ten irectly to meet the nee s of the sai in ustry or wor"s# 'e(uisites) a. ma e by owner b. in ustry or wor"s carrie on buil ing or on lan c. machines, etc must ten irectly to meet nee s of the in ustry or wor"s . machines, etc. must be essential an principal elements of the in ustry. *. animal houses, pigeon+houses, ,. beehives, fishpon s or bree ing places of similar nature, in case CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnai a Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
-. /.
10.
11.
their owner has place or preserve them, with the intention to have them permanently attache to the lan , an forming a permanent part of it# the animals in those places are inclu e # fertili.er actually use on a piece of lan # mines, (uarries an slag umps, while the matter thereof forms part of the be , an waters either running or stagnant# oc"s an structures which, though floating, are inten e by their nature an object to remain at a fi$e place on a river, la"e or coast# an contracts for public wor"s, an servitu es an other real rights over immovable property
Categories) (123A) 1. 'eal by nature 4 it cannot be carrie from place to place (pars. 1 5 -, Art. %1&, 6ivil 6o e) 2. 'eal by incorporation 4 attache to an immovable in a fi$e manner to be an integral part thereof (pars. 1+! Art. %1&, 6ivil 6o e) !. 'eal by destination 4 place in a n immovable for the utility it gives to the activity carrie thereon (pars. %+, an / Art. %1&, 6ivil 6o e) %. 7y analogy it is so classifie by e$press provision of law (par. 10, Art. %1&, 6ivil 6o e) B.MOVABLE PROPERTIES 1. those movables susceptible of appropriation which are not inclu e in the prece ing article# 2. real property which by any special provision of law is consi ere as personalty# !. forces of nature which are brought un er control of science# %. in general, all things which can be transporte from place to place
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without impairment of the real property to which they are fi$e # &. obligations an actions which have for their object movables or eman able sums# an *. shares of stoc" of agricultural, commercial an in ustrial entities, although they have real estate. TESTS: a) 7y e$clusion) movables are everything not inclu e in Art. %1&. b) 7y escription) an object is movable if it possesses) 1) Ability to change location 2) 8ithout substantial injury to the immovable to which it is attache . Important o!trines"prin!ip#es on immo$a%#e and mo$a%#e properties: a) A 7uil ing is an immovable even if not erecte by the owner of the lan . 9he only criterion is union or incorporation with the soil. (Ladera vs. Hodges, 48 O.G. 4374). b) :arties to a contract may by agreement treat as personal properties that which by nature woul be real property# an it is a familiar phenomenon to see things classes as real property for purposes of ta$ation which on general principle might be consi ere personal property (Standard Oil Co. vs. Jaranillo, 44 Phil 63 ). c) ;or purposes of attachment an e$ecution an for purposes of the 6hattel <ortgage =aw, ungathere pro ucts have the nature of personal property. (Si!al vs. "alde#, $% Phil, $ &). ) 9he human bo y, whether alive or ea , is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriate . Un er certain con itions, the bo y of a person or parts thereof may be subject matter of a transaction. (See 'A 1o. !%/, 'A 1o. ,1,0, 'A 1o. ,,1/). e) 8hat is the effect of temporary separation of movables from the immovables to which they have been attache > 2 ?iews) CIVIL LAW COMMITTEE
9hey continue to be regar e as immovables. 2) ;act of separation etermines the con ition of the objects thus recovering their con ition as movables. @ the latter view is supporte by :aras an 9olentino who maintains that the failure of the co ifiers to repro uce the provision of the parti as on the matter is an in ication that they i not inten the rule to continue. f) A buil ing that is to be sol or mortgage an which woul be imme iately emolishe may be consi ere personal property an the sale or mortgage thereof woul be a sale of chattel, or a chattel mortgage respectively, for the true object of the contract woul be the materials. II. A. PROPERTY O& P'BLIC OMI(IO( Con!ept: 2t is not owne by the state but pertains to the state, which, as territorial sovereign e$ercises certain juri ical prerogatives over such property. 9he ownership of such properties is in the social group, whether national, provincial or municipal. Purpose: 9o serve the citi.ens an not the state as a juri ical person. )inds: 1. 9hose inten e for public use 2. 9hose which are not for public use but inten e for public service !. 9hose inten e for the evelopment of the national wealth CHARACTERISTICS: 1. Autsi e the commerce of man 2. 2nalienable. 7ut when no longer nee e for public use or service, may be eclare patrimonial property. 2n La'rel vs. Gar(ia ( 87 SC)* 7+7), the Supreme 6ourt hel that Bwhether or not the 'oppongi an relate properties will eventually be sol is a policy etermination where both the :resi ent an 6ongress must concurC.
1)
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!. 6annot be ac(uire by prescription %. 1ot subject to attachment or e$ecution &. 6annot be bur ene with easements (OTE: 9hey cannot be registere un er the lan registration law an be the subject of a 9orrens title. 9he character of public property is not affecte by possession or even a 9orrens 9itle in favor of private persons. (Palan(a vs. Co,,on-ealth, 6+ Phil. 44+). B. PATRIMO(IAL PROPERTY O& T*E STATE :roperty of the State owne by it in its private or proprietary capacity. the state has the same rights over this "in of property as a private in ivi ual in relation to his own private property C. PROPERTY O& LOCAL +OVER(ME(T '(ITS ,L+'s1. :roperty for public use 4 consist of roa s, streets, s(uares, fountains, public waters, promena es an public wor"s for public service pai for by the =DUs 2. :atrimonial :roperty 4 all other property possesse by =DUs without preju ice to provisions of special laws (OTE: 2n the case of Provin(e o. /a,!oanga 0el 1orte vs. Cit2 o. /a,!oanga, the Supreme 6ourt categorically state that Bthis court is not incline to hol that municipal property hel an evote to public service is in the same category as or inary private property. 9he classification of municipal property evote for istinctly governmental purposes as public shoul prevail over the 6ivil 6o e in this particular caseC. Eere, the =aw of <unicipal 6orporations was consi ere as a special law in the conte$t of Article %2% of the 166. D. PROPERTY O& PRIVATE O.(ERS*IP refers to all property belonging to private persons either in ivi ually or collectively an those belonging to CIVIL LAW COMMITTEE
the State an any of its political sub ivisions which are patrimonial in nature <uebles or furniture generally has for its principal object the furnishing or ornamenting of a buil ing. 1ote that there are e$ceptions to this efinition an are generally not inclu e as furniture unless the law or the in ivi ualFs eclaration inclu e them. O.(ERS*IP 9he right to enjoy, ispose, an recover a thing without further limitations than those establishe by law or the will of the owner. Rig/ts in!#uded: 1. 'ight to enjoy) (:U;A) a) to possess (jus possi en i) b) to use (jus uten i) c) to the fruits (jus fruen i) an accessions ) to abuse (jus abuten i) 2. 'ight to ispose) (3A9G) a) to estroy b) to alienate c) to transform ) to encumber !. 'ight to vin icate) (':) a) pursuit b) recovery %. 'ight to e$clu e) (G') a) to enclose, fence an elimit b) to repel intrusions even with force C/ara!teristi!s: (GDG2:) 1. Awnership is E#asti! 4 powerHs may be re uce an thereafter automatically recovere upon the cessation of the limiting rights. 2. +enera# 4 the right to ma"e use of all the possibilities or utility of the thing owne , e$cept those attache to other real rights e$isting thereon. !. E0!#usi$e 4 there can only be one ownership over a thing at a time. 9here may be two or more owners but A1=I A1G ownership. %. Independen!e 4 2t e$ists without necessity of any other right &. Perpetuit1 4 ownership lasts as long as the thing e$ists. 2t cannot be e$tinguishe by non user but only by
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a verse possession. Limitations: Deneral limitations impose by the State for its benefit Specific limitations impose by law =imitations impose by the party transmitting the property either by contract or by will =imitations impose by the owner himself 2nherent limitations arising from conflict with other rights 2. 'eal :roperty) a. A662A1 219G'3269A= (ature: summary action to recover physical or material possession only. 2t consists of the summary actions of) 5. &or!i%#e entr1 Action for recovery of material possession of real property when a person originally in possession was eprive thereof by force, intimi ation, strategy, threat or stealth 6. 'n#a72u# etainer Action for recovery of possession of any lan or buil ing by lan lor , ven or, ven ee, or other person against whom the possession of the same was unlawfully withhel after the e$piration or termination of the right to hol possession, by virtue of any contract. ;orcible Gntry Unlawful 3etainer
1. 2. 3.
4. 5.
e &a!to !ase o2 Eminent omain e$propriation resulting from the actions of nature as in one case where lan becomes part of one sea. 9he owner loses his property in favor of the state without any compensation. Prin!ip#e o2 Se#23*e#p right of the owner or lawful possessor to e$clu e any person from the enjoyment an isposal of the property by the use of such force as may be necessary to repel or prevent actual or threatene unlawful physical invasion or usurpation of his property. Requisites: ('A1A) 1. reasonable force 2. owner or lawful possessor is the person who will e$ercise 3. no elay in oneFs e$ercise 4. actual or threatene physical invasion or usurpation G313)*L )4L35 A person cannot interfere with the right of ownership of another. 36C3P78O15 o!trine o2 In!omp#ete Pri$i#ege or State o2 (e!essit1 (Article %!2) Requisites: (23) 1. Interference necessary 2. amage to another much greater than amage to property LE+AL REME IES TO RECOVER POSSESSIO( O& O(E4S PROPERTY 1. :ersonal property) 'eplevin REPLEVI( + reme y when the complaint prays for the recovery of the possession of personal property.
*s to -hen 9ossession !e(a,e 'nla-.'l :ossession of the :ossession is efen ant is inceptively lawful unlawful from the but becomes illegal beginning as he from the time ac(uires efen ant possession by unlawfully ;orce, withhol s intimi ation, possession after strategy, threat the e$piration or or stealth termination of his right thereto. *s to the ne(essit2 o. de,and 1o previous 3eman is eman for the juris ictional if the efen ant to groun is non+ vacate is payment of rentals necessary or failure to comply with the lease contract *s to ne(essit2 o. 9roo. o. 9rior 9h2si(al 9ossession :laintiff must :laintiff nee not prove that he was have been in prior in prior physical physical possession possession of the premises until he was eprive thereof by the efen ant
CIVIL LAW COMMITTEE

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2ear 9eriod is (o'nted .ro, 1 year perio is 1 year perio is generally counte counte from the from the ate of ate of last actual entry on eman or last the lan letter of eman *s to -hen the
6. 9he fin er is not marrie un er the absolute community or the conjugal partnership system (otherwise his share belongs to the community). ACCESSIO( 9he right by virtue of which the owner of a thing becomes the owner of everything that it may pro uce or which may be inseparably unite or incorporate thereto, either naturally or artificially. C#assi2i!ations: 1. *((ession 0is(reta 4 the right pertaining to the owner of a thing over everything pro uce thereby )inds o2 &ruits a. natural fruits 4 spontaneous pro ucts of the soil an the young an other pro ucts of animals b. in ustrial fruits 4 those pro uce by lan s of any "in through cultivation or labor c. civil fruits 4 rents of buil ings, price of leases or lan s an the amount of perpetual or life annuities or other similar income
b. A662A1 :U7=262A1A (ature: Ar inary civil procee ing to recover the better right of possession, e$cept in cases of forcible entry an unlawful etainer. 9he involve is not possession e facto but possession e jure. c. A662A1 'G2?21326A9A'2A (ature: action to recover real property base on ownership. Eere, the object is the recovery of the ominion over the property as owner. Requisites: 1. 2 entity of the :roperty 2. :laintiffFs title to the property Sur2a!e Rig/ts 9he owner of parcel of lan is the owner of its surface an everything un er it. 9he economic utility which such space or subsoil offers to the owner of the surface sets the limit of the ownerFs right to the same. *I E( TREAS'RE e2inition) any hi en or un"nown eposit of money, jewelry or other precious objects, the lawful ownership of which oes not appear. G313)*L )4L35 2t belongs to the owner of the lan , buil ing or other property on which it is foun . 36C3P78O1S5 9he fin er is entitle to J provi e ) 1. 3iscovery was ma e on the property of another, or of the state or any of its political sub ivisions# 2. 9he fin ing was ma e by chance# 3. 9he fin er is not a co+owner of the property where it is foun # 4. 9he fin er is not a trespasser# 5. 9he fin er is not an agent of the lan owner# CIVIL LAW COMMITTEE
G313)*L )4L35 9o the owner

belongs the natural, in ustrial, an civil fruits. 36C3P78O1S5 2f the thing is) ,P'LAa) in possession of a possessor in goo faith# b) subject to a usufruct# c) #ease or ple ge # or ) in possession of an antichretic cre itor 2. *((ession Contin'a 4 the right pertaining to the owner of a thing over everything that is incorporate or attache thereto either naturally or artificially# by e$ternal forces. a. 8ith respect to rea# propert1 i. a((ession ind'strial buil ing, planting or sowing ii. a((ession nat'ral alluvium, avulsion, change of river course, an formation of islan s
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b. 8ith respect to persona# propert1 i. a junction or conjuction ii. commi$tion or confusion iii specification consi ering that the primary intent of the law is to avoi a state of force co+ownership especially where the parties in the main agree that Articles %%- an &%* are applicable an in emnity for the improvements may be pai although they iffer as to the basis of the in emnity. (Pe(son vs. C* &44 SC)* 4%7). ACCESSIO( (AT'RAL 1. Alluvion or alluvium 4 increment which lan s abutting rivers gra ually receive as a result of the current of the waters. Con!ept: it is the gra ual eposit of se iment by the natural action of a current of fresh water (not sea water, the original i entity of the eposit being lost. Requisites: a) the eposit be gra ual an imperceptible b) that it be ma e through the effects of the current of the water c) that the lan where accretion ta"es place is a jacent to the ban"s of the river. (OTES: 9he owners of the lan s a joining the ban"s of the river (riparian lan s) shall own the accretion which they gra ually receive. Accretion operates ipso jure. Eowever, the a itional area is not covere by a 9orrens title an the riparian owner must register the a itional area. o!trines: a) 8here the eposit is by sea water, it belongs to the state b) A gra ual change of be is also governe by the rules of alluvium (Canas vs. 7'ason $ Phil. 68+) 2. Avulsion 4 the transfer of a "nown portion of lan from one tenement to another by the force of the current. 9he portion of lan must be such that it can be i entifie as
Basi! Prin!ip#es: (DA1G 7A3) 1. Ee who is in goo faith may be hel responsible but will not be penali.e . 2. 9o the owner of a thing belongs the e$tension or increase of such thing. 3. 7a faith of one party neutrali.es the ba faith of the other. 4. 9here shoul be no unjust enrichment at the e$pense of others. 5. Ba faith involves liability for amages. 6. Accessory follows the principal. 7. Accession e$ists only if the incorporation is such that separation woul either seriously damage the thing or iminish its value. Rig/t o2 A!!ession 7it/ respe!t to Immo$a%#e Propert1 (OTE: See 9A7=GS Important o!trines"Prin!ip#es: a) Un er Art %%-, the lan owner may not refuse both to pay for the buil ing an to sell the lan an instea see" to compel the owner of the buil ing to remove the buil ing from the lan . Ee is entitle to such removal A1=I when, after having chosen to sell the lan , the other party fails to pay for sai lan . (8gna(io vs. Hilario, 76 Phil. 6%$) b) Shoul no other arrangement be agree upon, the owner of the lan oes not automatically become the owner of the improvement. (:ili9inas Colleges, 8n(. vs. 7i,!ang, %6 Phil. &47) c) Article %%- is not applicable where a person constructs a house on his own lan an then sells the lan , not the buil ing. (Coleong(o vs. )egalado, &7 Phil 387) d) Article %%- oes not apply to cases which are governe by other provisions of law such as co+ ownership, usufruct, agency, lease. e) 9he provision on in emnity in Art. %%- may be applie by analogy CIVIL LAW COMMITTEE
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coming from a efinite tenement. Requisites: a) 9he segregation an transfer must be cause by the current of a river, cree" or torrent. b) 9he segregation an transfer must be su en or abrupt c) 9he portion of lan transporte must be "nown or i entifie (OTES: 9he owner must remove the transporte portion within two years to retain ownership 2n case of uproote trees, the owner retains ownership if he ma"es a claim within * months. 9his refers only to uproote trees an oes not inclu e trees which remain plante on a "nown portion of lan carrie by the force of the waters. 2n this latter case, the trees are regar e as accessions of the lan through gra ual changes in the course of a joining stream. (Pa2atas vs. 7'a#on) 'egistration un er the 9orrens system oes not protect the riparian owner against iminution of the area of his lan through gra ual changes in the course of a joining stream (Pa2atas vs. 7'a#on). A##u$ium
1. gra ual an imperceptible 2. soil cannot be i entifie !. belongs to the owner of the property to which it is attache %. merely an attach+ment
aban one , the owners of the inva e lan become owners of the aban one be to the e$tent provi e by this article. 1o positive act is nee e on their part, as it is subject thereto ipso jure from the moment the mo e of ac(uisition becomes evi ent. 2t oes not apply to cases where the river simply ries up because there are no persons whose lan s are occupie by the waters of the river. %. Formation of Islands 'U=GS A1 A81G'SE2: a. 8. .or,ed !2 the sea5 1) within territorial waters + State 2) outsi e territorial waters 4 to the first occupant !. 8. .or,ed in la;es, or naviga!le or .loata!le rivers < State (. 8. .or,ed on non<naviga!le or non<.loata!le rivers5 1) if nearer to one margin or ban" 4 to the nearer reparian owner 2) if e(ui istant from both ban"s+ to the reparian owners, by halves. (OTE: 9here is no accession when islan s are forme by the branching of a river# the owner retains ownership of the isolate piece of lan . Rig/t o2 A!!ession 7it/ respe!t to mo$a%#e propert1 Basi! Prin!ip#e: Accession e$ists only if separation is not feasible. Atherwise, separation may be eman e . )I( S ,a!!ession !ontinua as to mo$a%#es-: 1. Ad unction the union of two things belonging to ifferent owners, in such a manner that they cannot be separate without injury, thereby forming a single object. Requisites a) the two things must belong to ifferent owners b) that they form a single object, or that their separation woul impair their nature
A$u#sion
1. su en or abrupt process 2. i entifiable an verifiable !. belongs to the owner from whose property it was etache %. etachment fol+ lowe by attachment
!. Change of course of rivers Requisites: a) 9here must be a natural change in the course of the waters of the river b) 9he change must be abrupt or su en (OTES: Ance the river be has been CIVIL LAW COMMITTEE
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)inds: a. inclusion or engraftment b. sol a ura or sol ering c. escritura or writing . pintura or painting e. teji o or weaving Tests to determine !rinci!al: a. the =r'le o. i,9ortan(e and 9'r9ose b. that of greater value c. that of greater volume d. that o. greater ,erits Ru#es: A junction in goo faith by either owner) >G313)*L )4L3) accessory follows the principal. >36C3P78O1S if the accessory is much more precious than the principal, the owner of the accessory may eman the separation even if the principal suffers some injury b) A junction in ba faith by the owner of the principal option of the owner of the accessory) i) to recover the value plus amages ii) to eman separation plus amages c) A junction in ba faith by the owner of the accessory i) he loses the accessory ii) he is liable for amages a) ./en separation o2 t/ings a##o7ed: a. separation without injury b. accessory is more precious than the principal c. owner of the principal acte in ba faith ". #i$ture Union of materials where the components lose their i entity. )inds: a. 6ommi$tion 4 mi$ture of soli s b. 6onfusion 4 mi$ture of li(ui s Ru#es: a. 7y the will of both owners or by acci ent) each owner ac(uires an interest in proportion to the value of his material CIVIL LAW COMMITTEE
b. 7y one owner in goo faith) apply rule(a) c. 7y one owner in ba faith) i) he loses all his rights to his own material ii) he is liable for amages %. S!ecification 2t is the transformation of anotherFs material by the application of labor. 9he material becomes a thing of ifferent "in . =abor is the principal Ru#es: a) Awner of the principal (wor"er) in goo faith) i) ma"er ac(uires the new thing ii) he must in emnify the owner of the material >36C3P78O1) if the material is more valuable than the resulting thing, the owner of the material has the option) 1) to ac(uire the wor", in emnifying for the labor, or 2) to eman in emnity for the material b) owner of the principal (wor"er) in ba faith) the owner of the material has the option) i) to ac(uire the result without in emnity ii) to eman in emnity for the material plus amages c) Awner of the material in ba faith i) he loses the material ii) he is liable for amages Ad8un!tion
1. 2nvolves at least 2 things
Mi0ture
2nvolves at least 2 things
Spe!i2i!ation <ay involve one thing (or more) but form is change Accessory follows the principal
2. Accessory follows the principal
6o+ ownership results
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!. 9hings joine retain their nature 9hings mi$e or confuse may either retain or lose their respective natures 9he new object retains or preserves the nature of the original object.
9'IETI(+ O& TITLE 2t is an e(uitable action in rem to etermine the con ition of the ownership or the rights to immovable property, an remove oubts thereon. Requisites: 1. plaintiff must have a legal or e(uitable title to, or interest in the real property which is the subject matter of the action# 2. there must be a clou in such title# 3. such clou must be ue to some instrument, recor , claim, encumbrance or procee ing which is apparently vali but is in truth invali , ineffective, voi able or unenforceable, an is preju icial to the plaintiffFs title# an 4. plaintiff must return to the efen ant all benefits he may have receive from the latter, or reimburse him for e$penses that may have re oun e to his benefit. Pres!ripti$e Period: 1. plaintiff in possession 4 imprescriptible 2. plaintiff not in possession 4 10 (or inary) or !0 years (e$traor inary) Action to (uiet title Action to remove a clou on title
a) to (uestions involving interpretation of ocuments b) to mere written or oral assertions of claims# GK6G:9) i) if ma e in a legal procee ing ii) if it is being asserte that the instrument or entry in plaintiffFs favor is not what it purports to be c) to boun ary isputes ) to ee s by strangers to the title U1=GSS purporting to convey the property of the plaintiff e) to instruments invali on their face f) where the vali ity of the instrument involves pure (uestions of law Ruinous Bui#dings and Trees in anger o2 &a##ing: As to buil ings 4 the owners is oblige to emolish or e$ecute necessary wor" to prevent the buil ing from falling. Shoul he fail to o so, the authorities shall or er its emolition at the e$pense of the owner, or ta"e measures to insure public safety. 9he complainant must show that his property is a jacent to the angerous construction, or must have to pass by necessity in the imme iate vicinity. 9he owner is responsible for amages to others ue to lac" of necessary repairs. Eowever, if the amage is cause by efects in the construction, then the buil er is responsible for the amages. CO3O.(ERS*IP e2inition: the right of common ominion which two or more persons have in a spiritual part of a thing which is not physically ivi e . Con!ept: co+ownership e$ists where the ownership of a thing physically un ivi e pertains to more than one person.
P'RPOSE to put an en to to remove a troublesome possible foun ation litigation in for a future hostile respect to the claim property involve (AT'RE O& T*E ACTIO( reme ial action :reventive action involving a present to prevent a future a verse claim clou on the title
T/e a!tion to quiet tit#e does not app#1: CIVIL LAW COMMITTEE
C/ara!teristi!s: a) plurality of subjects (the co+
35

owners) b) there is a single object which is not materially ivi e c) there is no mutual representation by the co+owners ) it e$ist for the common enjoyment of the co+owners e) it has no istinct legal personality f) it is governe first of all by the contract of the parties# otherwise, by special legal provisions, an in efault of such provisions, by the provisions of 9itle 222 on co+ownership Sour!es: 1. =aw 2. 6ontract !. 6hance %. Accupation &. Succession *. 9estamentary isposition or onation inter vivos Co3o7ners/ip
1. 6an be create without the formalities of a contract 2. Eas no juri ical or legal personality !. :urpose is collective enjoyment of the thing %. 6o+owner can ispose of his shares without the consent of the others with the transferee automatically becoming a co+owner &. 9here is no mutual representation *. 3istribution of profits must be proportional to the respective interests of the co+owners ,. A co+ownership is not issolve by the eath or incapacity of a co+owner -. no public instrument nee e even if real property is the object of the co+ownership /. An agreement to "eep the thing un ivi e for a perio of more than 10 years is voi contribute /. 9here may be agreement as to a efinite term without limit set by law
Partners/ip
1. 6an be create only by contract, e$press or implie 2. Eas juri ical personality istinct from the partners !. :urpose is to obtain profits %. A partner, unless authori.e cannot ispose of his share an substitute another as a partner in his place
&. A partner can generally bin the partnership *. 3istribution of profits is subject to the stipulation of the parties ,. 3eath or incapacity issolves the partnership -. <ay be ma e in any form e$cept when real property is
Ru#es: 1. Rig/ts o2 ea!/ !o3o7ner as to t/e t/ing o7ned in !ommon: US7'A:+ =3: a) 9o use the thing owne in common Limitations: i) use accor ing to the purpose for which it was inten e ii) interest of the co+ownership must not be preju ice iii) other co+owners must not be prevente from using it accor ing to their own rights b) 9o share in the benefits an charges in proportion to the interest of each. (OTE: Any stipulation to the contrary is voi . c) 9o the benefits of prescription) prescription by one co+owner benefits all. ) 'epairs an ta$es) to compel the others to share in the e$penses of preservation even if incurre without prior notice. (OTE: 9he co+owner being compelle may e$empt himself from the payment of ta$es an e$penses by renouncing his share e(uivalent to such ta$es an e$penses. 9he value of the property at the time of the renunciation will be the basis of the portion to be renounce . e) Alterations) to oppose alterations ma e without the consent of all, even if beneficial. (OTES: Alteration is an act by virtue of which a co+owner changes the thing from the state in which the others believe it shoul remain, or with raws it from the use to which they esire it to be inten e .
CIVIL LAW COMMITTEE

36

G$penses to improve or embellish are eci e by the majority f) 9o protest against seriously preju icial ecisions of the majority g) =egal re emption) to be e$ercise within !0 ays from written notice of sale of an un ivi e share of another co+ owner to a stranger h) 9o efen the co+ownershipFs interest in court i) 9o eman partition at any time Partition is the ivision between 2 or more persons of real or personal property which they own in common so that each may enjoy an possess his sole estate to the e$clusion of an without interference from others G313)*L )4L35 :artition is eman able by any of the co+ owners as a matter of right at any time. L36C3P78O1S) 1) 8hen there is a stipulation against it# but not to e$cee 10 years. 2) 8hen the con ition of in ivision is impose by the onor or testator# but not to e$cee 20 years. !) 8hen the legal nature of the community prevents partition. %) 8hen partition woul ren er the thing unserviceable. &) 8hen partition is prohibite by law *) 8hen another co+owner has possesse the property as e$clusive owner for a perio sufficient to ac(uire it by prescription. 6. T/e 2o##o7ing questions are go$erned %1 t/e ma8orit1 o2 interests: a) <anagement <inority may appeal to the court against the majorityFs ecision if the same is seriously preju icial. b) Gnjoyment c) 2mprovement or embellishment CIVIL LAW COMMITTEE
:. Rig/ts as to t/e idea# s/are o2 ea!/ !o3o7ner: a) Gach has full ownership of his part an of his share of the fruits an benefits b) 'ight to substitute another person its enjoyment, GK6G:9 when personal rights are involve c) 'ight to alienate, ispose or encumber ) 'ight to renounce part of his interest to reimburse necessary e$penses incurre by another co+ owner e) 9ransactions entere into by each co+owner only affect his i eal share. E;TI(+'IS*ME(T O& CO3O.(ERS*IP (6A=S9G:) 1. !onsoli ation or merger in one co+ owner 2. ac(uisitive prescription in favor of a thir person or a co+owner who repu iates the co+ownership !. #oss or estruction of property co+ owne %. sale of property co+owne &. termination of perio agree upon by the co+owners *. e$propriation ,. ju icial or e$tra+ju icial partition CO( OMI(I'M ACT ,R.A. (O. <=6>CO( OMI(I'M an interest in real property consisting of a separate interest in a unit in a resi ential, in ustrial or commercial buil ing an an un ivi e interest in common, irectly or in irectly, in the lan on which it is locate an in other common areas of the buil ing. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall inclu e transfer or conveyance of the un ivi e interest in the common areas or, in a proper case, the membership or sharehol ings in the con ominium corporation) provi e , however, that where the common areas in the con ominium project are hel by the owners of separate units as co+owners thereof, no con ominium unit therein shall be
37

conveye or transferre to persons other than ;ilipino citi.ens or corporations at least *0M of the capital stoc" of which belong to ;ilipino citi.ens, e$cept in cases of here itary succession. c) 8aters public by special provision POSSESSIO( Con!ept: the material hol ing or control of a thing or the enjoyment of a right. Requisites: 1. occupancy, apprehension, or ta"ing 2. eliberate intention to possess !. by virtue of ones own right egrees: 1. possession without any title whatsoever 2. possession with juri ical title 3. possession with just title sufficient to transfer ownership 4. possession with a title in fee simple C#asses: 2n oneFs own name 4 where possessor claims the thing for himself b) 2n the name of another 4 for whom the thing is hel by the possessor c) 2n the concept of owner 4 possessor of the thing or right , by his actions, is consi ere or is believe by other people as the owner, regar less of the goo or ba faith of the possessor ) 2n the concept of hol er 4 possessor hol s it merely to "eep or enjoy it, the ownership pertaining to another person# possessor ac"nowle ges in another a superior right which he believes to be ownership. 1A9G) 1one of these hol ers assert a claim of ownership in himself over the thing but they may be consi ere as possessors in the concept of owner, or un er claim of ownership, with respect to the right they respectively e$ercise over the thing. e) 2n goo faith 4 possessor is not aware that there is in his title or mo e of ac(uisition a efect that invali ates it Requisites: 1. Astensible title or mo e of ac(uisition 2. ?ice or efect in the title !. :ossessor is ignorant of the vice or efect an must have an honest belief that the thing belongs to him
G313)*L )4L35 6ommon areas shall

remain un ivi e , an there shall be no ju icial partition thereof) 36C3P78O1S5 1. 8hen the project has not been rebuilt or repaire substantially to its state prior to its amage or estruction ! years after amage or estruction which ren ere a material part thereof unfit for use# 2. 8hen amage or estruction has ren ere J or more of the units untenantable an that the con ominium owners hol ing more than !0M interest in the common areas are oppose to restoration of the projects# !. 8hen the project has been in e$istence for more than &0 years, that it is obsolete an uneconomic, an the con ominium owners hol ing in aggregate more than &0M interest in the common areas are oppose to restoration, remo eling or mo erni.ing# %. 8hen the project or a material part thereof has been con emne or e$propriate an the project is no longer viable, or that the con ominium owners hol ing in aggregate more than ,0M interest in the common areas are oppose to the continuation of the con ominium regime# &. 8hen con itions for partition by sale set forth in the eclaration of restrictions uly registere have been met. .ATERS C#assi2i!ation a) 8aters public per se (water is the principal# the be follows the character of the water (See Arts. &02 N1O an &02 N2O) b) 8aters public or private accor ing to their be (water is accessory to be ) CIVIL LAW COMMITTEE
a)
38

(OTE: Dross an ine$cusable ignorance of the law may not be the basis of goo faith, but possible, e$cusable ignorance may be such basis. (?asilag vs )o@'e, 6+ PH8L & 7) f) 2n ba faith 4 possessor is aware of the invali ating efect in his own title. (OTES: Anly personal "nowle ge of the flaw in oneFs title or mo e of ac(uisition can ma"e him a possessor in ba faith. 2t is not transmissible even to an heir. :ossession in goo faith ceases from the moment efects in his title are ma e "nown to the possessor. 9his interruption of goo faith may ta"e place at the ate of summons or that of the answer if the ate of summons oes not appear. Eowever, there is a contrary view that the ate of summons may be insufficient to convince the possessor that his title is efective. Presumptions in 2a$or o2 possessor: 1. of goo faith 2. of continuity of initial goo faith !. of enjoyment in the same character in which possession was ac(uire until the contrary is prove %. of non+interruption in favor of the present possessor &. of continuous possession by the one who recovers possession of which he was wrongfully eprive *. of e$tension of possession of real property to all movables containe therein O%8e!t o2 possession: >G313)*L )4L35 All things an susceptible of being appropriate >36C3P78O1S5 1. 'es communes 2. :roperty of public ominion !. 3iscontinuous servitu es %. 1on+apparent servitu es Con2#i!ts %et7een se$era# !#aimants: >G313)*L )4L35 :ossession cannot be recogni.e in two ifferent personalities e$cept in case of co+possession when there is no conflict Criteria in case of dis!ute: 1. presentHactual possessor shall be preferre 2. if there are two possessors, the one longer in possession 3. if the ates of possession are the same, the one with a title 4. if all the above are e(ual, the fact of possession shall be ju icially etermine , an in the meantime, the thing shall be place in ju icial eposit Su%8e!t Possessor in good 2ait/
a. to possessor b. not reimburse to possessor
Possessor in %ad 2ait/

a. to owner b. reimburse to possessor c. to owner
a. ;ruits gathere b. 6ultivation G$penses of gathere fruits c. ;ruits pen ing an charges . :ro uction e$penses of pen ing fruits
c. prorate accor ing to time . in emnity pro rata to possessor (ownerFs option) i. in money, or ii. by allowing full cultivation an gathering of all fruits e. reimburse to possessor# retention
. no in emnity
rights
e. 1ecessary e$penses
A!quisition o2 possession: Manner 1. <aterial occupancy of the thing 2. Subjection to the action of our will !. :roper acts an legal formalities establishe for ac(uiring such right. CIVIL LAW COMMITTEE
f.. Useful e$penses
f. reimburse to possessor (ownerFs option) i. initial cost ii. plus value may remove if no
e. reimburse to possessor# no retention f. no reimbursem ent
39

reimburse+ ment, an no amage is cause to the principal by the removal g. reimburse+ ment at ownerFs option) i. removal if no injury, or ii. cost without removal h. ta$es an charges i. charge to owner ii. charge to possessor iii. prorate
g. Arnamen+ tal e$penses
g. ownerFs option) i. removal, or ii. value at time of recovery
h. 9a$es an charges i. on capital ii. fruits on
h. ta$es an charges i. charge to owner ii. charge to owner iii. to owner
a) owner of the thing must prove (1) ownership of the thing an (2) loss or unlawful eprivation# or ba faith of the possessor b) 8here the owner acts negligently or voluntarily parts with the thing owne , he cannot recover it from the possessor c) 9he owner may recover the movable in case of loss or involuntary eprivation# but must reimburse the price pai if possessor ac(uire the thing in goo faith an at a public sale. &oss of !ossession: 1. 7y the will of the possessor a) Aban onment b) 9ransfer or conveyance 2. Against the will of the possessor a) Gminent omain b) Ac(uisitive prescription c) Pu icial ecree in favor of better right ) :ossession of another for more than one year (OTE: this refers to possession e facto where the possessor loses the right to a summary action# but he may still bring action publiciana or reivin icatoria e) 7y reason of the object i. estruction or total loss of the things ii. with rawal from commerce 'S'&R'CT gives a right to enjoy the property of another with the obligation of preserving its form an substance, unless the title constituting it or the law otherwise provi es. C/ara!teristi!s: a. 'eal right b. Af temporary uration c. 9o erive all a vantages from the thing ue to normal e$ploitation . may be constitute on real or personal property, consumable or non+consumable, tangible or intangible, the ownership of which is veste in another e. transmissible
iii. charges i. 2mprove+ ments no longer e$isting j. =iability for acci ental loss or eteriorati on
i. no reimburse+ ment j. only if acting with frau ulent intent or negligence, after summons
i. no reimburse+ ment j. liable in every case
". 2mprove+ ments ue to time or nature
". to owner or lawful possessor
". to owner or lawful possessor
Possession o2 mo$a%#es :ossession of movables in goo faith is e(uivalent to title. Requisites: a) possession is in goo faith b) the owner has voluntarily parte with the possession of the thing c) possessor is in the concept of owner Ane who has lost or has been unlawfully eprive of it , may recover it from whomsoever possesses it, or inarily, without reimbursement.
o!trines: CIVIL LAW COMMITTEE

40

>G313)*L )4L35 Usufructuary is boun to preserve the form an substance of the thing in usufruct. >36C3P78O15 Abnormal usufruct whereby the law or the will of the parties may allow the mo ification of the substance of the thing. 'su2ru!t
1. Always a real right 2. :erson creating the usufruct shoul be the owner or his uly authori.e agent !. <ay be create by law, by contract, by will of the testator, or by prescription %. As a rule, usufruct covers all the fruits an all the uses an benefits of the entire property &. 2nvolves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct *. :ays for or inary repairs an ta$es on the fruits
Lease
1.Denerally a personal right 2. =essor may not be the owner
!.Denerally create by contract
%.=ease generally refers to uses only
&. =ease involves a more active owner or lessor who ma"es the lessee to enjoy
b. 9o enjoy any increase through accessions an servitu es c. 9o the half of the hi en treasure he acci entally fin s . 9o lease the thing, generally, for the same or shorter perio as the usufruct. e. 9o improve the thing without altering its form an substance f. 'ight to set+off the improvements he may have ma e on the property against any amage to the same g. 9o retain the thing until he is reimburse for a vances for e$traor inary e$penses an ta$es on the capital h. 9o collect reimbursements from the owner for in ispensable e$traor inary repairs, ta$es on the capital he a vance , an amages cause to him. i. 9o remove improvements ma e by him if the same will not injure the property ". As to the usufruct itself a. 9o mortgage the right of usufruct e$cept parental usufruct b. 9o alienate the usufruct O%#igations o2 t/e usu2ru!tuar1: 1. (efore e$ercising the usufruct: a. 9o ma"e an in$entor1 of the property b. 9o give a %ond, 36C3P7 1) when no preju ice woul result 2) when the usufruct is reserve by the onor or parents !) in cases of !au!ion 8uratoria where the usufructuary, being unable to file the re(uire bon or security, files a verifie petition in the proper court as"ing for the elivery of the house an furniture necessary for himself an his family without any bon or security. ta"es an oath to ta"e care of the things an restore them property cannot be
*.=essee is not generally un er obligation to un erta"e repairs or pay ta$es
S!ecial 'sufructs a) of pension or income (Art &,0) b) of property owne in common (Art. &-2) c) of cattle (livestoc") (Art. &/1) ) on vineyar s an woo lan s (Art. &,&+&,*) e) on a right of action (Art. &,-) f) on mortgage property (Art. *00) g) over the entire patrimony (Art. &/-) h) over things which gra ually eteriorate (Art. &,!) i) of consumable property (Art &,%) Rig/ts o2 t/e 'su2ru!tuar1 1. As to the thing and its fruits a. 9o receive an benefit from the fruits CIVIL LAW COMMITTEE
41

alienate or encumbere or lease because this woul mean that the usufructuary oes not nee it. (OTE: E22e!ts o2 2ai#ure to post %ond: 1. owner shall have the following options) a. receivership of realty, sale of movables, eposit of securities, or investment of money# A' b. retention of the property as a ministrator 2. the net pro uct shall be elivere to the usufructuary !. usufructuary cannot collect cre its ue or ma"e investments of the capital without the consent of the owner or of the court until the bon is given. 2. )uring the usufruct: a. 9o ta"e care of the property b. 9o replace with the young thereof animals that ie or are lost in certain cases when the usufruct is constitute on floc" or her of livestoc" c. 9o ma"e or inary repairs d. 9o notify the owner of urgent e$tra+or inary repairs e. 9o permit wor"s an improvements by the na"e owner not preju icial to the usufruct f. 9o pay annual ta$es an charges on the fruits g. 9o pay interest on ta$es on capital pai by the na"e owner h. 9o pay ebts when the usufruct is constitute on the whole patrimony i. 9o secure the na"e ownerFs or courtFs approval to collect cre its in certain cases j. 9o notify the owner of any preju icial act committe by thir persons k. 9o pay for court e$penses an costs regar ing usufruct. 3. At the termination of the usufruct: a. 9o return the thing in usufruct to CIVIL LAW COMMITTEE
the owner unless there is a right of retention b. 9o pay legal interest on the amount spent by the owner for e$traor inary repairs or ta$es on the capital c. 9o in emnify the owner for any losses ue to his negligence or of his transferees E0tinguis/ment o2 'su2ru!t) (:923G'<) 1. Prescription 2. Termination of right of the person constituting the usufruct 3. Total loss of the thing 4. eath of the usufructuary, unless contrary intention appears 5. E$piration of the perio or fulfillment of the resolutory con ition 6. Renunciation of the usufructuary 7. Merger of the usufruct an ownership in the same person EASEME(T OR SERVIT' E Gncumbrance impose upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a ifferent owner. Con!ept: it is a real right, constitute on the corporeal immovable property of another, by virtue of which the owner of the latter has to refrain from oing or must allow something to be one on his property, for the benefit of another person or tenement. C/ara!teristi!s: a) 2t is a real right but will affect thir persons only when uly registere b) 2t is enjoye over another immovable, never on oneFs own property c) 2t involves two neighboring estates (in case of real easements) ) 2t is inseparable from the estate to which it is attache , an , therefore, cannot be alienate in epen ently of the estate e) 2t is in ivisible for it is not affecte by the ivision of the estate between two or more persons
42

f) 2t is a right limite by the nee s of the ominant owner or estate, without possession g) 2t cannot consist in the oing of an act unless the act is accessory in relation to a real easement h) 2t is a limitation on the servient ownerFs rights of ownership for the benefit of the ominant owner# an , therefore, it is not presume Classification: 1. As to its e$ercise: a)6ontinuous Gasements 4 those the use of which is, or may be, incessant without the intervention of any act of man b) 3iscontinuous Gasements 4 those which are use at intervals an epen upon the acts of man 2. As to the indication of their e$istence: a) Apparent Gasements 4 those which are ma e "nown an are continually "ept in view by e$ternal signs that reveal the use an enjoyment of the same b) 1on+apparent Gasements 4 those which show no e$ternal in ication of their e$istence 3. As to dut* of servient o+ner a) :ositive 4 the servient owner must allow something to be one in his property or o it himself. 9hese are calle servitu es of intrusion an orHserviceC b) 1egative 4 the servient owner must refrain from oing something which he coul lawfully o if the easement i not e$ist Easement
1. 'eal right, whether registere or not !. 9here is a limite right to the use of real property of another but without the right of possession =imite right to both the possession an use of anotherFs property
Easement
1. 2mpose only on real property 2. =imite to particular or specific use of the servient estate !. A non+possessory right over an immovable %. 1ot e$tinguishe by the eath of the ominant owner
'su2ru!t
<ay involve either real or personal property 2nclu es all the uses an the fruits of the property 2nvolves a right of possession in an immovable or immovable G$tinguishe by the eath of the usufructuary
Modes o2 A!quisition: (:3;A9) 1. by prescription of 10 years (continuous an apparent easements) 2. by dee of recognition !. by 2inal ju gment %. by apparent sign establishe by the owner of two a joining estates &. by title ominant O7ner Rig/ts 1. 9o e$ercise all the rights necessary for the use of the easement 2. 9o ma"e on the servient estate all the wor"s necessary for the use an preservation of the servitu e !. 9o renounce the easement if he esires to e$empt himself from contribution to necessary e$penses %. 9o as" for man atory injunction to prevent impairment of his use of the easement O%#igations: 1. 6annot ren er the easement or ren er it more bur ensome 2. 1otify the servient owner of wor"s necessary for the use an preservation of the servitu e
Lease
'eal right only when it is registere , or when its subject matter is real property an the uration e$cee s one year <ay involve either real or personal
2. 2mpose only on real property
CIVIL LAW COMMITTEE

43

!. 6hoose the most convenient time an manner in ma"ing the necessary wor"s as to cause the least inconvenience to the servient owner %. 6ontribute to the necessary e$penses if there are several ominant estates Ser$ient O7ner Rig/ts: 1. 9o retain ownership an possession of the servient estate 2. 9o ma"e use of the easement, unless there is agreement to the contrary !. 9o change the place or manner of the easement, provi e it be e(ually convenient O%#igations: 1. 6annot impair the use of the easement 2. 6ontribute to the necessary e$penses in case he uses the easement, unless there is an agreement to the contrary E0tinguis/ment o2 Easements: ('G<A21 7'G8) 1. Redemption agree upon 2. E0piration of the term or fulfillment of the resolutory con ition !. Merger of ownership of the ominant an servient estate %. Annu#ment of the title to the servitu e &. :ermanent Impossi%i#it1 to use the easement *. (on3user for 10 years a. iscontinuous) counte from the ay they cease to be use b. continuous) counte from the ay an act a verse to the e$ercise ta"es place ,. Bad !ondition + when either or both estates fall into such a con ition that the easement coul not be use -. Reso#ution of the right to create the servitu e, i.e. in case of pacto e retro, when the property is re eeme /. E0propriation of the servient CIVIL LAW COMMITTEE
estate 10. .ai$er by the ominant owner EASEME(T &OR .ATERI(+ CATTLE 9his is really a combine easement for rawing of water an right of way Requisites: a) must be impose for reasons of public use b) must be in favor of a town or village c) in emnity must be pai EASEME(T O& A9'E 'CT 9he right arising from a force easement by virtue of which the owner of an estate who esires to avail himself of water for the use of sai estate may ma"e such waters pass through the interme iate estate with the obligation of in emnifying the owner of the same an also the owner of the estate to which the water may filter or flow. C/ara!ter: apparent an continuous Requisites: a) ominant owner must prove that he has the capacity to ispose of the water b) that the water is sufficient for the inten e use c) that the course is most convenient, an least onerous to the !r person ) payment of in emnity RI+*T O& .AY 9he right grante to the owner of an estate which is surroun e by other estates belonging to other persons an without an a e(uate outlet to a public highway to eman that he be allowe a passageway throughout such neighboring estates after payment of proper in emnity Requisites: 1. 6laimant must be an owner of enclose immovable or one with real right 2. 9here must be no a e(uate outlet to a public highway !. 'ight of way must be absolutely necessary %. 2solation must not be ue to the claimantFs own act &. Gasement must be establishe at
44

the point least preju icial to the servient estate *. :ayment of proper in emnity it is the nee s of the ominant property which ultimately etermine the wi th of the passage, an these nee s may vary from time to time (3n(arna(ion vs. C*, +$ SC)* 7&). Special cause of e$tinction) the opening of a public roa , or joining the ominant tenement to another with e$it on a public roa . (OTE: the e$tinction in 1A9 automatic. 9here must be a eman for e$tinction couple with ten er of in emnity by the servient owner. PARTY .ALL a common wall which separates 2 estates built by common agreement at the ivi ing line such that it occupies a portion of both estates on e(ual parts. Part1 .a##
1. Shares of parties cannot be physically segregate but they can be physically i entifie
%. in itches or tenements
rains between
Re%utta# o2 presumption: 1. title 2. by contrary proof) !. by signs contrary to the e$istence of the servitu e (Arts. **0 5 **1) (OTE: if the signs are contra ictory, they cancel each other Rig/ts o2 part o7ners: 1. to ma"e use of the wall in proportion to their respective interests, resting buil ings on it or inserting beams up to one+half of the wallFs thic"ness 2. to increase the height of the wall a. at his e$pense b. upon payment of proper in emnity c. to ac(uire half interest in any increase of thic"ness or height, paying a proportionate share in the cost of the wor" an of the lan covere by the increase O%#igations o2 ea!/ part3o7ners: 1. to contribute proportionately to the repair an maintenance unless he renounces his part+ ownership 2. if one part owner raises the height of the wall, he must) a. bear the cost of maintenance of the a itions b. bear the increase e$penses of preservation c. bear the cost of construction . give a itional lan , if necessary, to thic"en the wall LI+*T A( VIE. 1. Easement o2 Lig/t (A's l',in',) + right to a mit light from the neighboring estate by virtue of the opening of a win ow or the ma"ing of certain openings. Requisites: a. opening must not be greater than !0 centimeters s(uare ,
Co3o7ners/ip
Shares of the co+ owners can be ivi e an separate physically but before such ivision, a co+owner cannot point to any efinite portion of the property as belonging to him 1one of the co+ owners may use the community property for his e$clusive benefit :artial renunciation is allowe
2. 1o limitation as to use of the party wall for e$clusive benefit of a party !. Awner may free himself from contributing to the cost of repairs an construction of a party wall by renouncing all his rights thereto
Presumptions o2 e0isten!e ,8uris tantum-: 1. in a joining walls of buil ings, up to common elevation 2. in ivi ing walls of gar ens an yar s (urban) !. in ivi ing fences, walls an live he ges of rural tenements CIVIL LAW COMMITTEE
45

ma e on the ceiling or on the wall# an b. there must be an iron grating 2. Easement o2 $ie7 (A's 9ros9e(t's) 4 the right to ma"e openings or win ows, to enjoy the view through the estate of another an the power to prevent all constructions or wor" which woul obstruct such view or ma"e the same ifficult. 2t necessarily inclu es easement of light Restri!tions on openings in one4s o7n 7a## 7/en !ontiguous ,#ess t/an 6m- to anot/er4s tenement: 1. it cannot e$cee 1 foot s(. (!0 cm each si e) 2. openings must be at the height of the joists, near the ceiling (Cho(o vs. Santa,aria, & Phil 3&) !. the abutting owner may) a. close the openings if the wall becomes a party wall b. bloc" the light by buil ing or erecting his own wall unless a servitu e is ac(uire by title or prescription c. as" for the re uction of the opening to the proper si.e Restri!tions as to $ie7s 1. 3irect views) the istance of 2 <G9G'S between the wall an the boun ary must be observe 2. Abli(ue views) (walls perpen icular or at an angle to the boun ary line) must not be less than *0cm from the boun ary line to the nearest e ge of the win ow (OTE: Any stipulation permitting lesser istances is voi . Modes o2 a!quisition 1. by title 2. by prescription a. positive 4 counte from the time of the opening of the win ow, if it is through a party wall b. negative 4 counte from the formal prohibition on the servient owner. (OTE: mere non+observance of istances prescribe by Art. *,0 without formal prohibition, oes not give rise to prescription CIVIL LAW COMMITTEE
VOL'(TARY EASEME(TS 6onstitute by the will of the parties or of a testator. 9he owner possessing capacity to encumber property may constitute voluntary servitu e. 2f there are various owners, A== must consent# but consent once given is not revocable ?oluntary easements are establishe in favor of) 1. pre ial servitu es) a. for the owner of the ominant estate b. for any other person having any juri ical relation with the ominant estate, if the owner ratifies it. 2. personal servitu es) for anyone capacitate to accept. ('ISA(CE Any act, omission, establishment, business or con ition of property or anything else which) ,ISA*O1. InjuresHen angers the health or safety of others# 2. Shoc"s, efies or isregar s ecency or morality# !. Annoys or offen s the senses# %. *in ers or impairs the use of property# or &. Obstructs or interferes with the free passage to any public highway or street, or bo y of water. C#asses: 1. :er se 4 nuisance at all times an un er all circumstances regar less of location an surroun ing. 2. :er acci ens 4 nuisance by reason of circumstances, location, or surroun ings. !. :ublic 4 affects the community or a consi erable number of persons. %. :rivate 4 affects only a person or a small number of persons. o!trine o2 Attra!ti$e (uisan!e: Ane who ,aintains on his premises angerous instrumentalities or appliances of a character li"ely to attract chil ren in play an who .ails
46

to e$ercise or inary care to prevent chil ren from playing therewith or resorting thereto is liable to a chil of ten er years who is injure thereby, even if the chil is technically a trespasser in the premises. Remedies against pu%#i! nuisan!e: (:6G) 1. Prosecution un er the ':6 or local or inance 2. Civil Action !. E$traju icial Abatement Remedies against pri$ate nuisan!e: (6G) 1. Civil Action 2. E$traju icial Abatement E0tra8udi!ia# A%atement Requisites: 1. nuisance must be specially injurious to the person affecte # 2. no breach of peace or unnecessary injury must be committe # !. prior eman # %. prior eman has been rejecte # &. approval by istrict health officer an assistance of local police# an *. value of estruction oes not e$cee :!,000. T*EORY O& MO E A( TITLE MO E is the specific cause which gives rise to them, as the result of the presence of a special con ition of things, of the aptitu e an intent of persons, an of compliance with the con itions establishe by law. 9his is the pro$imate cause of the ac(uisition. TITLE is the juri ical justification for the ac(uisition or a transfer of ownership or other real right. 9his is the remote cause of the ac(uisition. I&&ERE(T MO ES ,and TITLES- o2 AC9'IRI(+ O.(ERS*IP Modes o2 a!quiring o7ners/ip Tit#es o2 a!quiring o7ners/ip
A. ,riginal #odes 1. Accupation 1. 6on ition of being without "nown owner 2. 8or" which 2. 6reation, inclu es iscovery or 2ntellectual invention creation (. )erivative modes !. =aw !. G$istence of re(uire con itions %. 9ra ition %. 6ontract of the parties &. 3onation &. 6ontract of the parties *. :rescription *. :ossession in the concept of owner ,. Succession ,. 3eath
OCC'PATIO( a mo e of ac(uiring ownership by the sei.ure of things corporeal which have no owner, with the intention of ac(uiring them, an accor ing the rules lai own by law. Requisites: 1. there must be sei.ure of a thing 2. the thing sei.e must be corporeal personal property !. the thing must be susceptible of appropriation by nature %. the thing must be without an owner &. there must be an intention to appropriate Spe!i2i! instan!es: 1. hunting an fishing 2. fin ing of movables which o not have an owner !. fin ing of aban one movables %. fin ing of hi en treasure
CIVIL LAW COMMITTEE

47

&. catching of swarm of bees that has escape from its owner, un er certain con itions *. catching of omesticate animals that have escape from their owners, un er certain con itions ,. catching of pigeons without frau or artifice -. transfer of fish to another bree ing place without frau or artifice TRA ITIO(" ELIVERY a mo e of ac(uiring ownership as a (onse@'en(e o. (ertain (ontra(ts, by virtue of which, the object is place in the control an possession of the transferee, actually or constructively. )inds: 1. 'eal 9ra ition + actual elivery 2. 6onstructive 9ra ition a. traditio s2,!oli(a 4 parties ma"e use of a to"en or symbol to represent the thing elivere b. traditio longa ,an' 4 by mere consent of the parties if the thing sol cannot be transferre to the possession of the ven ee at the time of the sale c. traditio !revi ,an' 4 when the ven ee alrea y has possession of the thing sol by virtue of another title . traditio (onstit't', 9ossessori', 4 when the ven or continues in possession of the thing sol not as owner but in some other capacity !. Quasi+tra ition 4 e$ercise of the right of the grantee with the consent of the grantor %. 7radi(ion 9or ,inisterio de la le2 4 elivery by operation of law 6. 7radition !2 9'!li( instr',ent Requisites: 1. right transmitte shoul previously e$iste in patrimony of the grantor 2. transmission shoul be by just title !. grantor an grantee shoul have intention an capacity to transmit an ac(uire %. transmission shoul be manifeste by some act which shoul be physical, symbolical or legal O(ATIO( an act of liberality whereby a person isposes gratuitously of a thing or right in favor of another who accepts it Requisites: 623A 1. onor must have !apacity to ma"e the onation 2. he must have onative intent (animus onan i) !. there must be delivery 4. onee must accept or consent to the onation Essentia# 2eatures"e#ements o2 a true donation: a) Alienation of property by the onor uring his lifetime, which is accepte b) 2rrevocability by the onor c) 2ntention to benefit the onee (animus onan i) ) 6onse(uent impoverishment of the onor ( iminution of his assets) C#assi2i!ation: 1. As to effectivity) a. inter vivos b. mortis causa c. propter nuptias 2. As to perfectionHe$tinguishment) a. pure b. with a con ition c. with a term !. As to consi eration) a. simple + gratuitous b. remuneratory or compensatory 4 ma e on account of oneeFs merits c. mo al 4 imposes upon the onee a bur en which is less than the value of the thing onate
have the
CIVIL LAW COMMITTEE

48

&orms o2 donations: 1. )onations of mova-le !ro!ert*: a. 8ith simultaneous elivery of property onate ) i.it may be oralHwritten 4 :&,000 or less# ii.if value e$cee s :&,000 4 written in public or private ocument b. 8ithout simultaneous elivery) the onation an acceptance must be written in a public or private instrument, regar less of value ". )onation of immova-le !ro!ert*: a. must be in a public instrument specifying the property onate an the bur ens assume by onee, regar less of value b. acceptance must be either) i. in the same instrument# or ii. in another public instrument, notifie to the onor in authentic form, an note in both ee s (OTE: G$pression of gratitu e to the onor without e$press acceptance was hel a sufficient acceptance (C'evas vs C'evas) LIMITATIO(S O( O(ATIO( O& PROPERTY 1. ;uture property cannot be onate . 2. :resent property that can be onate ) a) if the onor has force heirs) he cannot give or receive by onation more than he can give of receive by will b) if the onor has no force heirs) onation may inclu e all present property provi e he reserves in full ownership or in usufruct) 1) the amount necessary to support him, an 2) those relatives entitle to support from him !) property sufficient to pay the onorFs ebt contracte prior to the onation. !. 3onation shoul not preju ice cre itors %. 3onee must reserve sufficient means for his support an for his
onation Inter Vi$os

1. 9a"es effect in epen ently of the onorFs eath 2. 9itle conveye to the onee before the onorFs eath !. ?ali if onor survives onee %. Denerally irrevo+ cable uring onorFs lifetime &. <ust comply with the formalities re(uire by Arts. ,%- an ,%/ of the 6o e
onation Mortis Causa

9a"es effect upon the eath of the onor 9itle conveye onorFs eath upon
?oi if onor survives onee Always revocable
<ust comply with the formalities re(uire by law for the e$ecution Af wills
onations pro/i%ited %1 #a7: 1. <a e by persons guilty of a ultery or concubinage at the time of onation# 2. <a e between persons foun guilty of the same criminal offense in consi eration thereof# !. <a e to a public officer or hisHher spouse, escen ants or ascen ants in consi eration of hisHher office# %. <a e to the priest who hear the confession of the onor uring the latterFs last illness, or the minister of the gospel who e$ten e spiritual ai to him uring the same perio # &. <a e to relatives of such priest, etc. within the %th egree, or to the church to which such priest belongs# *. <a e by a war to the guar ian before the approval of accounts# ,. <a e to an attesting witness to the e$ecution of onation, if there is any, or to the spouse, parents, or chil ren, or anyone claiming un er them. -. <a e to a physician, surgeon, nurse, health officer or ruggist who too" care of the onor uring hisHher last illness# /. <a e by in ivi uals, associations or corporations not permitte by law to ma"e onations# an 10. <a e by spouses to each other uring the marriage or to persons of whom the other spouse is a presumptive heir. CIVIL LAW COMMITTEE
49

relatives which are entitled to !e s'99orted !2 hi,. E&&ECTS O& O(ATIO( 1. onee may eman the elivery of the thing onate 2. onee is subrogate to the rights of the onor in the property !. in onations propter nuptias, the onor must release the property from encumbrances, e$cept servitu es %. onorFs warranty e$ists if a. e$presse b. onation is propter nuptias c. onation is onerous . onor is in ba faith &. when the onation is ma e to several onees jointly, they are entitle to e(ual portions, without accretion, unless the contrary is stipulate Pa1ment o2 t/e donor4s de%t %1 t/e donee 1. 2f there is e$press stipulation) the onee is to pay only ebts contracte before the onation, if not otherwise specifie # but the onee answers only up to the value of the property onate , if no stipulation is ma e to the contrary 2. 2f there is no stipulation) the onee is answerable for the ebts of the onor only in case of frau against cre itors. ACTS O& I(+RATIT' E 1. 2f the onee shoul commit some offense against the person, honor or property of the onor, or of his wife or chil ren un er his parental authority 2. 2f the onee imputes to the onor any criminal offense, or any act involving moral turpitu e, even though he shoul prove it, unless the crime or act has been committe against the onee himself, his wife or chil ren un er his authority !. 'efusal to support the onor PRESCRIPTIO( )inds: 1. A!quisiti$e pres!ription + one ac(uires ownership an other real CIVIL LAW COMMITTEE
rights through the lapse of time in the manner an un er the con itions lai own by law. a. Ordinar2 a(@'isitive 9res(ri9tion) re(uires possession of things in goo faith an with just title for the time fi$e by law b. 3Btraordinar2 a(@'isitive 9res(ri9tion) ac(uisition of ownership an other real rights without nee of title or of goo faith or any other con ition Requisites: 1) capacity to ac(uire by prescription 2) a thing capable of ac(uisition by prescription !) possession of thing un er certain con itions %) lapse of time provi e by law 2. E0tin!ti$e Pres!ription 4 rights an actions are lost through the lapse of time in the manner an un er the con itions lai own by law. A!quisiti$e pres!ription
1. relationship between the occupant an the lan in terms of possession is capable of pro ucing legal conse(uences# it is the possessor who is the actor 2. re(uires possession by a claimant who is not the owner
E0tin!ti$e pres!ription
1. one oes not loo" to the act of the possessor but to the neglect of the owner
!. applicable to ownership an other real rights %. vests ownership or other real rights in the occupant
&. results in the ac(uisition of ownership or other real rights in a person as well as the loss of sai ownership or real rights in another
2. re(uires inaction of the owner or neglect of one with a right to bring his action !. applies to all "in s of rights, whether real or personal %. pro uces the e$tinction of rights or bars a right of action &. results in the loss of a real or personal right, or bars the cause of action to enforce sai right
50

*. can be proven un er the general issue without its being affirmatively plea e *. shoul be affirmatively plea e an prove to bar the action or claim of the a verse party
!. 9he first ay shall be e$clu e the last ay inclu e
an
Period o2 Pres!ription Mo$a%#es

% years - years
Immo$a%#es
5. +ood &ait/ 10 years 6. Bad &ait/ !0 years
Persons Against ./om Pres!ription runs: 1. <inors an other incapacitate persons who have parents, guar ians or other legal representatives 2. Absentees who have a ministrators !. :ersons living abroa who have managers or a ministrators %. Puri ical persons, e$cept the state an its sub ivision Persons against 7/om pres!ription does (OT run: 1. 7etween husban an wife, even though there be separation of property agree upon in the marriage settlements or by ju icial ecree. 2. 7etween parents an chil ren, uring the minority or insanity of the latter !. 7etween guar ian an war uring the continuance of the guar ianship
Ru#es on Computation o2 Period: 1. 9he present possessor may complete the perio necessary for prescription by tac"ing his possession to that of his grantor or pre ecessor 2. 2t is presume that the present possessor who was also the possessor at a previous time, has continue to be in possession uring the intervening time, unless there is proof to the contrary Pres!ripti$e period
a) 2mprescriptible
A!tions
to eclare an ine$istent or voi contract to (uiet title to eman a right of way to bring an action for abatement of public nuisance to eman partition in co+ ownership to enforce a trust probate of a will to recover possession of a registere lan un er the =an 'egistration Act by the registere owner
Pres!ripti$e period
g) % IGA'S
A!tions
action to revo"e onations ue to non+compliance of con itions action to rescin partition of ecease Fs estate on account of lesion action to claim rescission of contracts annulment of contracts for vice of consent actions upon a (uasi+ elict action to revo"e or re uce onations base on birth, appearance or a option of a chil actions upon an injury to the rights of the plaintiff (not arising from contract)
CIVIL LAW COMMITTEE

51
b) !0 IGA'S
real actions over immovables (but not foreclosure) without preju ice to the ac(uisition of ownership or real rights by ac(uisitive prescription
h) ! IGA'S
actions un er the eight hour labor law actions to recover losses in gambling money claims as a conse(uence of employer+ employee relationship action to impugn legitimacy of a chil if the husban or his heirs resi e abroa action to impugn legitimacy of a chil if the husban or his heirs are not resi ing in the city or municipality of birth
c) 10 IGA'S
actions upon a written contract actions upon an obligation create by law actions upon a ju gment from the time ju gment becomes final actions among co+heirs to enforce warranty against eviction in partition <ortgage action a(tion to re(over ,ova!les -itho't 9reA'di(e to a(@'isition o. title .or a shorter 9eriod or to the 9ossessors title 'nder *rts. $$+, $%$ and 33
i) 2 IGA'S
) - IGA'S
j) 1 IGA'
action to impugn legitimacy of a chil if the husban or his heirs are resi ing in the city or municipality of birth forcible entry an unlawful etainer 3efamation 'evocation of onation on the groun of ingratitu e 'escission or for amages if immovable is sol with an apparent bur ens or servitu e
CIVIL LAW COMMITTEE

52
action for warranty of solvency in assignment of cre its actions for loss or amage to goo s un er the 6ADSA e) * IGA'S actions upon an oral (verbal) contract actions upon a (uasi+contract action for annulment of marriages (e$cept on the groun of insanity) an for legal separation counte from the occurrence of the cause actions against the co+heirs for warranty of solvency the ebtor in cre its assigne in partition action for the eclaration of the incapacity of an heir ( evisee or legatee) to succee ) all other actions whose perio s are not fi$e by law, counte from the time the right of action accrues ") * <A19ES actions for warranty against hi en efects or encumbrances over the thing sol re hibitory action base on faults or efects of animals
f) & IGA'S
l) %0 3AIS
CIVIL LAW COMMITTEE


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San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law

MEMORY AID IN CIVIL LAW

G313)*L )4L35 9o the owner

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

2. Accessory follows the principal

6o+ ownership results

San Beda College of Law

MEMORY AID IN CIVIL LAW

C/ara!teristi!s: a) plurality of subjects (the co+

San Beda College of Law

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

G313)*L )4L35 6ommon areas shall

San Beda College of Law

MEMORY AID IN CIVIL LAW

Possessor in %ad 2ait/

f.. Useful e$penses

e. reimburse to possessor# no retention f. no reimbursem ent

San Beda College of Law

MEMORY AID IN CIVIL LAW

g. Arnamen+ tal e$penses

g. ownerFs option) i. removal, or ii. value at time of recovery

h. 9a$es an charges i. on capital ii. fruits on

h. ta$es an charges i. charge to owner ii. charge to owner iii. to owner

i. no reimburse+ ment j. liable in every case

". 2mprove+ ments ue to time or nature

". to owner or lawful possessor

". to owner or lawful possessor

o!trines: CIVIL LAW COMMITTEE

San Beda College of Law

MEMORY AID IN CIVIL LAW

!.Denerally create by contract

%.=ease generally refers to uses only

*.=essee is not generally un er obligation to un erta"e repairs or pay ta$es

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

2. 2mpose only on real property

CIVIL LAW COMMITTEE

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law

MEMORY AID IN CIVIL LAW

San Beda College of Law