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Civil Code of the Philippines

Paras, Book II, Articles 44 to !"#
PROPERTY (sub|ect or course) cassfes or defnes the dfferent knds of approprabe ob|ects, provdes for
ther acquston, and oss, and n genera, treats of the nature and consequence of such rea rghts.
Classification of THINGS
Res nuus beongng to no one
Res communes to everyone
Res acu|us to someone
Classification of Property
Movabe, mmovabe
Pubc, prvate domnon
Wthn, outsde the commerce of man
Present, future property
Tangbe or corporea, ntangbe or ncorporea
Prncpa, accessory
Fungbe, non-fungbe
Generc, specfc
In custoda egs, free property
Characteristics of Property
1. Utty for the satsfacton of mora or economc wants
2. Susceptbty of appropraton
3. Indvduaty or substantvty
Importance of classification to immovable and movable the fact that dfferent provsons of the aw
govern the acquston, possesson, dsposton, oss, and regstraton of mmovabes and movabes
Human body nether persona nor rea
ARTIC$E 4% & I''ova(les
Definition the etymoogca meanng shoud yed to the ega or |urdca sgnfcance attached to the
term by the aw
Academic Classification of !A" P#P!TI!S
1. By nature
2. By cassfcaton
3. By destnaton or purpose
4. By anaogy
Budngs there shoud be ntent of permanent annexaton (mmovabe property)
No dstncton whether but on own and or not
Materas and/or dsmanted house persona property
House built on rented land may be mort$a$ed:
Chatte provded partes agree and no nnocent thrd party s pre|udced
Rea Estate Mortgage shoud be preferred f made subsequent to chatte mortgage
Budngs sub|ect to chatte mortgage cannot be sod extra |udcay (under 3135, refers to rea
mortgage ony)
No ega compuson to regster budngs that do not beong to owners and NO regstry n ths
|ursdcton of budng apart from and.
Budngs sod or mortgaged to be mmedatey demoshed persona property, true ob|ect of the
contract s the materas
REGISTRY OF PROPERTY mnstera duty, shoud regster as ong as proper fee has been pad. He has
no |udca or quas-|udca power to determne the nature of the document.
Constructons of a knds attachment must be more or ess permanent
Wooden scaffodngs of panters persona property
Detached or uprooted trees persona property, except tmer n tmberand
Rea property (ncorporea thng) n|ury or breakage or deteroraton n case of separaton must be
Everythng attached to an mmovabe (par.3) when ncorporaton ceases or when t s detached t s
consdered as persona property
Par.4 (statues, reefs, pantngs) shoud have ntent to attach permanenty
Par.5 (machnery)
1. Shoud be paced by the owner of the tenement
2. Industry or works must be carred on n a budng
3. Drecty meet the needs of the ndustry or work
4. Machnes must be essenta and prncpa eements n the ndustry, and not merey ncdenta
Effect of separaton (par.5)
1. If no onger used n the ndustry chatte
2. Temporary separaton but st needed n the ndustry rea property
Machnery paced by tenant persona
Tenant promsed to gve the machnery rea to the owner
Tenant acted as agent of owner rea
Cannot be rea property f paced by person havng TEMPORARY RIGHT ony
Eectrc poes/towers persona propertes, because t does not fa n par.1,3, & 5.
Par.6 -
1. Anmas nsde rea property
2. Same wth anmas temporary outsde but wth ntent to return
Par.7 Fertzers shoud be actuay used n and
Par.8 mnes, sag dumps, etc
Par.9 foatng house vs. vesse
Par.10 pertanng to "rghts" rea property by anaogy
ARTIC$E 4! & )ova(les
Growng crops persona property for purposes of chatte mortgage aw and attachment
Test of what may be stoe t s of vaue and may be approprated by a person other than the owner
T!ST: whether movabe or mmovabe
1. Property s capabe of beng carred from pace to pace (Test by DESCRIPTION)
2. Change n ocaton can be made wthout n|urng rea property to whch t s attached
3. Ob|ect s not enumerated n ART 415 (Test by EXCLUSION)
Test by EXCLUSION s superor to the test by descrpton.
Patent, copyrght, rght to nventon persona property
Obgatons and actons over movabes and demandabe sums
Shares of stocks
If ob|ect s ega not consdered demandabe so no rght exsts
If the ony property of a corporaton s rea property shares of stock s st persona property
MONEY, whether ega tender or merchandse persona property
Consumabe by nature, cannot be used wthout beng consumed
Non-consumabe any other property
Fungbe f agreed that the equvaent be returned
Non-fungbe dentca thng be returned
ARTIC$E 4" , P-(lic do'inion or private o.nership
Pubc capacty
Prvate capacty
Pubc Domnon ownershp by the State, t has contro and admnstraton
OR ownershp by the pubc n genera
Three %inds&
1. Pubc use may be used by anybody
2. Pubc servce may be used ony by duy authorzed persons
3. Deveopment of natona weath e.g. natura resources
Canas constructed by the State Pubc Doman
Canas constructed by prvate persons prvate
Characteristics of Properties of Public Dominion&
1. Outsde the commerce of man
2. Cannot be acqured by prescrpton
3. Cannot be regstered or sub|ect of a Torrens tte
4. Cannot be eved upon by executon, nor can they be attached
5. Generay, they can be used by everybody
6. Ether rea or persona property
Regstraton of propertes of Pubc doman does not confer ownershp
Incuson n tte does not confer tte
Forest ands cannot be regstered
Rght of pubc character cannot be transferred except through successon
Aowng the use of canas by others the owner osses the excusve rght to use the same
Agrcutura and may be acqured by prvate persons
Forest and mnng ands may not be transferred but may be eased
Pubc agrcutura ands aenabe portons NOT cassfed as forest or mnera ands, may be
acqured, f made avaabe becomng patrmona propertes
Proper censee owns forest products obtaned by other enttes
Cassfcaton and re-cassfcaton of Pubc ands prerogatve of the executve department
Government ands ncudes pubc and patrmona ands
Pubc Land Act:
Land s aenabe pubc and
Open, contnuous, adverse possesson

Patrmona property not devoted to pubc use, pubc servce, or deveopment of natona weath.
Owned by the State n ts prvate capacty.
1. Frar ands
2. San Lazaro Estate
3. Lands obtaned n escheat proceedngs
4. Muncpa owned waterworks system
Patrmona propertes may be acqured through prescrpton
When not devoted to pubc use, pubc servce or deveopment of natona weath patrmona
Executve and egsatve authorty to make SUCH decaraton
1. Pubc use
2. Patrmona property
A muncpaty s a |urdca person capabe of acqurng propertes
Natona Government Centra Government
Government of the Phppnes - totaty
Propertes of potca subdvsons for Pubc servce patrmona
Patrmona property not ordnary prvate property, acquston shoud NOT mpar certan
governmenta actvtes
Propertes that came from the State the Government contros the dsposton of propertes of potca
Absence of proof that potca subdvsons acqured the propertes wth ther own funds presume
that t came from the State
Types of Properties of Political Subdivisions&
1. Acqured through ther own funds
2. Those sub|ect to the contro and supervson of the State hed n trust by the State to them
Propertes for PUBLIC USE may not be eased remburse the rents f NO beneft was ganed by essee
Propertes of patrmona n nature may be eved upon or attached
Prvate propertes may be owned ndvduay or coectvey
Possesson snce tme mmemora presumpton that t never been part of pubc doman
Error n Torrens tte whch ncudes government propertes may ony be questoned by the
Payment of and tax s not an evdence of ownershp f there s a Torrens tte
Acquston of and by aens prohbted (absoute)
The artce enumerates thngs not ncuded n the term Furntures
Money, credt, securtes, stocks, |ewery, etc.
#,N!SHIP ndependent and genera rght of a person to contro a thng partcuary n hs possesson,
en|oyment, dsposton, and recovery, sub|ect to NO restrcton except:
1. Those mposed by State
2. By prvate persons
3. And wthout pre|udce to the provsons of the aw
Leasehod reaton s Not extngushed by the aenaton or transfer of ega possesson of the
Knds of Ownershp
Fu ownershp ncudes a rghts
Naked ownershp Fu ownershp mnus usufruct
i$hts of #-ner&
1. En|oy
2. Dspose
3. Recover
Rght to possess rght to hod a thng or en|oy a rght
Rght to use ncudes the rght to excude any person from the en|oyment and dsposa thereof
Rght to fruts- natura, ndustra and cv
Rght to abuse consume
Rght to dspose donate, se, pedge, mortgage
Seer need Not be the owner upon perfecton of sae, but shoud be the owner at the tme of
Rght to recover rght to acton aganst hoder and possessor of the thng
As Transferrabe to hers and assgnees
Rght of Ownershp s NOT absoute
Wefare of the peope s the supreme aw
Use of property shoud Not mpar the rghts of others
Lmtatons by the State:
Poce power
Emnent doman
Actions to !C#+!&
1. REPLEVIN - persona property
a. Couped wth a wrt of repevn
b. Must show n hs affdavt or of another person that the appcant s the owner
c. Aege the cause of detenton
d. That t s NOT n custoda egs
e. State the market vaue of the property
f. Gve a bond doube the vaue of the property
The court then orders the sherff to take custody of the property
(or re.delivery&
Wthn 5 days
a. Post counterbond doube the vaue of the property
b. Serve the pantff wth the copy thereof
To ava remedy of nterventon of thrd party acton of property s necessary
Wrt of repevn cannot be drected aganst a awfu possessor
Repevn w not e n propertes n custoda egs
2. FORCIBLE ENTRY deprved of possesson through:
F Force
I Intmdaton
S Steath
T Threat
S Strategy
An acton to recover physca or matera possesson
Prescrpton 1 year
Aegaton of "unawfu possesson" - suffcent
One n possesson of pubc and may fe an acton for forcbe entry
Actua condton of the tte to property and ownershp s NOT matera
Court of Frst Instance (RTC) has concurrent |ursdcton f possesson cannot be determned uness
the ssue of ownershp s resoved
3. UNLAWFUL DETAINER unawfu wthhodng after expraton or termnaton of rght to hod possesson
Squatter shoud vacate upon demand, proper remedy s unawfu detaner
Issue s physca or matera possesson
Subsequent acquston w not bar the executon of |udgment
If ssue on tte or ownershp s n queston acton shoud be dsmssed for ack of |ursdcton.
Uness n case of appea, partes agree that RTC w hear the case n ts |ursdcton
Prescrpton - 1 year, upon recept of ast demand to vacate
Squatter settes wthout awfu authorty
1. One who settes n pubc and
2. Unawfu setter n prvate and
Prescrpton after ONE year upon termnaton of contract
Demand to vacate shoud be absoute and NOT condtona
Acton be brought after 5 days (budng) or 15 days (and) after demand to vacate, uness accon
pubcana s nsttuted
Payng ess rentas than stpuated there s ega possesson
Ownershp of an aen s NOT a defense ownershp s mmatera n the acton
Unawfu detaner possesson was awfu n the begnnng but became unawfu afterwards
Both Forcbe Entry and Unawfu Detaner actons n personam or quas-n rem
After 1 year prescrbes remedy s accon pubcana
Guests, frends, and reatves are prves to an acton aganst a tenant
A new tenant may fe the acton after termnaton of contract of the od tenant
Lease "month-to-month" bass may be e|ected
Demand to vacate s essenta tenant retans possesson
Not essenta buyer, seer or any other person retans possesson
Wrt of executon and demoton may be ssued f |udgment n e|ectment case s fna
If decson s n favor of pantff mmedate executon, uness:
1. Appea has been perfected
2. Defendant fes suffcent bond
3. Defendant pay rents, damages and costs
Supersedeas bond for BACK RENTALS ony, defendant shoud st pay perodc deposts
If decson s n favor of defendant he sha contnue possesson (no executon)
Mortgagee cannot ntervene n e|ectment case nvovng possesson ony
4. ACCION PUBLICIANA recovery of the better rght to possess
Penary acton n ordnary cv proceedng
Prescrpton 10 years
Issue s possesson de |ure
No automatc suspenson f government wsh to exproprate the property (dstngushed from
forcbe entry and unawfu detaner)
%inds of Accion Publiciana&
a. Deprvaton not caused by FISTS
b. Acton for forcbe entry or unawfu detaner whch has prescrbed (more than 1 year)
RTC has |ursdcton
If the acton of forcbe entry or unawfu detaner s decded upon- cannot nsttute accon
Accon pauana acton to rescnd contracts n fraud of credtors
5. ACCION REIVINDICATORIA recover ownershp over rea property
RTC has |ursdcton
Tte proceedngs over pubc and Bureau of Lands
f pendng, RTC shoud dsmss for ack of course of acton
Prescrbes n 10 or 30 years
10 years good fath and |ust tte
30 years does not requre good fath or |ust tte
Recovery of tte or possesson of rea estate does NOT apse by death
Acton n personam bndng upon partes and prves thereto
Decree of regstraton s not open to revew or attack after apse of one year but reconveyance s
st avaabe f t has not yet passed to an nnocent purchaser
If aready passed to an nnocent purchaser acton s for damages ony
Both revndcaton and detaner may be fed over the same and because t nvoves dfferent
|udgment s not bndng aganst strangers. Even f decared owner, e|ectment case shoud st be
nsttuted aganst strangers n possesson.
Oueston of tte may be rased any tme even f the cause of acton shoud consttute acts of
e|ectment (no need to wat for apse of 1 year)
Squatter ack of cause of acton for reconveyance
Imped trust reconveyance prescrbes n 10 years
Fraud 4 years after dscovery of fraud
Decaraton of ownershp may ncude possesson f there are NO rghts to be defned wth respect
to the possessor
If there s, owner shoud fe a moton for executon of rght to possess
Accon revndcatora does not exst f deprved by vrtue of aw
6. Wrt of In|uncton
Not aowed when not n possesson
Possessor presumed to have a better rght
In/unction0 remedy for the follo-in$&
a. May present a moton after 10 days of nsttuton of Forcbe entry court sha decde n 30 days
b. Durng appea of unawfu detaner 10 days after perfecton of appea
c. Owner, st n possesson, to prevent repeated ntruson
d. Contnued usurpaton thru FISTS
e. Possesson de |ure for over a year even though NOT the owner
Decson denyng n|uncton does NOT bar sut n e|ectment
7. Wrt of Possesson
Successfu regstrant under the Torrens System be put n possesson
May be used by the rghtfu owner and not aganst hm
Impes devery of possesson
Wrt of demoton may aso be ssued
DOES NOT prescrbe (aches w not e)
May ony be ssued once
Possessors after regstraton - remedy s accon nterdcta and NOT possesson
Rght to excude any person from the en|oyment and dsposa thereof
May use force as may be reasonaby necessary to prevent actua or threatened nvason or usurpaton
Owner may bud was, dtches, etc. but wthout detrment to servtudes consttuted thereon
Use shoud NOT n|ure rghts of thrd persons
Fundamenta bass of poce power
"state of necessty"
1. Ev sought to be avoded actuay exsts
2. In|ury feared s GREATER
3. No other practca and ess harmfu means to prevent t
Dsputabe presumpton of ownershp
1. Actua possesson
2. Cam of ownershp
Possessor n the concept of owner presumpton that he has |ust tte
True owner has to resort to |udca process to prevent dsturbance of peace
e1uisites of action to recover&
1. Property must be dentfed
2. Reance on the tte of pantff and not on the weakness of the defendants cam
Defnte descrpton
If both cams are WEAK presumpton of ownershp s n the possessor
1. Takng by competent authorty
2. Observance of due process
3. Takng for pubc use
4. Payment of |ust compensaton
Pubc use determnaton does NOT depend on the character of the entty or agency
Congress may authorze to devote and n pubc use to another
Cty s Not authorzed mere genera authorty s vested
|ust compensaton far and fu equvaent vaue of the oss sustaned
|C = MV +(CD - CB)
New concept of |ust compensaton based on "soca vaue"
Determnaton of |C |udca functon
Interest shoud be 6% per annum
Bass of |C:
Tme of the takng
Insttuton of acton (whchever s earer)
Not ony reasonabe amount (|C) but aso reasonabe tme
|C = shoud not be hgher than what the owner demands
Sentmenta vaue s NOT consdered n |C
Consequenta Benefts (CB) shoud be actua and apprecabe
Exproprator s abe for the tenants evcton
The cam for compensaton may prescrbe
If Government does NOT pay acton may be brought aganst the Audtor Genera
Ownershp s transferred ony after payment of |ust compensaton wth proper nterest
If Expropraton grants fu ownershp does not revert to orgna owner when property s no onger for
pubc use
If grant s condtona t w revert
Mere notce of expropraton, mere notce of condemnaton proceedngs owner may st se the and;
except when government s n actua possesson
Sma and extraordnary expropraton not aowed
If sae s agreed no need for expropraton
Expropraton may mpar contracts except when the Government s a party to the contract
Government entered a ease to own contract cannot nsttute expropraton, but enforcement of
contract f owner refuses to se
Expropraton presupposes ownershp cannot queston ownershp of owner whe at the same tme
nsttute expropraton proceedngs
Provsona vaue shoud be deposted to possess property
Urban Land Reform frst refusa to tenants resdng for 10 years n eased and wthn ULR except
apartment dweers
Sezure through poce power no compensaton
Nusance can be abated
Pubc, prvate nusance
Nusance per se, per accdens
Owner of and owner of ts surface and everythng under t
He may construct any works wthout detrment to servtudes and sub|ect to speca aws and
He cannot compan to reasonabe requrements of aera navgaton
#-nership is sub/ect to&
1. Servtudes and easements
2. Speca aws
3. Ordnances
4. Reasonabe requrements of aera navgaton
5. Prevent n|ury to rghts of thrd persons (prncpe of human reatons)
Restrcted by reasonabe requrements of underground sheter
Mnes dscovered underneath prvate and pubc doman by vrtue of Regaan Doctrne (Mnng Law)
Dscovery n property of owner = 100% to owner
Land of another by chance = 50-50, owner and fnder
If fnder s trespasser = no share
If and owner s marred con|uga
If nterest to scence and arts State may acqure payng |ust prce
Usufructuary s a stranger = no share
Usufructuary s the fnder = 50%
Laborers empoyed to fnd treasure no share but w be pad wages
Contract may stpuate actua share of fnders n treasure hunt
Hidden Treasure&
1. Hdden and unknown depost
2. Conssts of money, |ewery, and other precous ob|ects
3. Lawfu ownershp does not appear
If deberatey hdden by owner NOT "hdden treasure" f he can prove ownershp
Death of owner of treasure w go to the hers
Accesson rght of the owner to everythng whch s:
1. Produced thereby
2. Whch s ncorporated or attached thereto
a. Natura
b. Artfca
2#D!S of Ac1uirin$ #-nership
O Occupaton
L Law
D Donaton
T Tradton
I Inteectua creaton
P Prescrpton
S - Successon
Natural (ruits
Spontaneous products of the so
The young
Other products of anmas
Rea property
Industrial (ruits
Produced by ands through cutvaton or abor
Rea property
Civil (ruits
Prce of eases of and and property
Amount of perpetua or fe annutes
Other smar ncome
Persona property
Young no dstncton, f ether brought by scentfc means or not, natura frut
If eased onerousy owned by essee
If commodatum owned by owner
If $ood faith possessor owns the fruts
If possessor is in bad faith
If fruts aready gathered owner shoud pay for producton, gatherng, preservaton f he
cams the fruts
If st attached appy Art. 449
Annua and perenna crops natura fruts
Cv fruts accrue day and can be pro-rated
Excepton: Art 120, Famy Code owner s one wth greater vaue n share (ether con|uga or
Presumpton as to mprovements owned by andowner and made at hs expense
ARTIC$E 44* , 4%!
4ood faith 5 Bad faith
1. Payment of necessary expenses
2. usefu expenses
3. Luxurous expenses
"ando-ner #-ner of materials *uilder 3 Planter 3
Article 44*
Good faith
Pay the vaue of
Rght to remove
wthout n|ury to the work
*ad faith
Pay the vaue of
materas pus damages
Absoute rght to
remove, pus rght to be
ndemnfed for damages
Measure of
1. Vaue of the oss
2. Profts faed to
Article 44+ Choce = andowner,
because of the prncpe of
"Earer rght" or "oder
Good faith
4*oth "ando-ner
May approprate as
hs own after payment of
proper ndemnty
No rght of remova
uness buder fas to pay
upon choce of compusory
If the andowner dd
not choose to approprate
and the prce of and s
consderabe more than
that of the budngs or
trees pay REASONABLE
RENT, terms fxed by
partes, n case of
dsagreement, the courts
sha fx the term of the
May pay the
prce of and,
provded that vaue
of the and s NOT
consderaby more
than that of the
budng or trees
If builder fails to pay&
1. May demand
reasonabe rent
2. Demosh the
3. Se the
property at pubc
aucton (ordnary
money debt)
"ando-ner #-ner of materials *uilder 3 Planter 3 So-er
Article 44"
*ad faith
May demand
demoton at the expense
of the buder, panter or
sower pus damages
Get the house
wthout ndemnty pus
Losses what s
but, panted, or sowed
wthout rght to
Article 4%0 , 4% May compe the
buder, panter to pay the
prce of and, and sower,
proper rent pus damages
Article 4%/ Entted to
rembursement for the
necessary expenses for
the preservaton of the
Article 4%# If both are bad fath = GOOD FAITH
Article 4%4
*ad faith
Pay the vaue of the
materas pus damages
Absoute rght to
remove pus rght to be
ndemnfed for
Article 4%%
*ad faith
4#-ner of the
Losses a rghts to be
ndemnfed. He can
even be abe for

Good faith
4#-ner of the
Subsdary abe n
case of nsovency of the
buder, and f he makes
use of the materas
Entted to
Prncpay abe
for rembursement
He does N#T ma6e use of
the materials if&
If he compes the
buder to purchase
the and
Or demosh the
Accession Natural
1. Auvum
2. Avuson
3. Change n the course of rvers
4. Formaton of sands
Auvum gradua change
Rvers ony
So cannot be dentfed
Accreton on bank of a ake owned by the owners of the estate
Same on sands
On sea pubc doman
Easement accreton owned by rparan owner
Auvum NOT protected by regstraton or Torrens tte
Regstraton needed to protect auvum from prescrpton
Auvum automatc ownershp but NOT automatc regstraton
1. Ponds No accretion if:
* By natura decrease
2. Lagoons * Extraordnary foods
Ths s not auvum because there s NO auva depost
Known porton of the and transfers to another estate
Consderabe quantty of earth
Acton of water
1. Sudden or abrupt change
2. Identfabe or verfabe
3. Owned by owner of the and t was detached from
Remova shoud be wthn 2 years
Trees uprooted shoud be camed n 6 months
If camed owner shoud pay expenses n gatherng and puttng them n a safe pace
After cam of ownershp but no actua cam acton to recover w prescrbe n 4 years (ordnary
Chan$e in the course of -aters
Owned by andowners of and now occuped by the water
Owners of and ad|onng the and sha have the rght to acqure t. Vaue sha not exceed the
vaue of area occuped by the new and (are ost).
"In proporton" f mutpe owners
If one owner the whoe thng s owned by andowners of ands now occuped by the new rver bed
1. Change must be sudden to dentfy od rver bed
2. Change s permanent
3. Natura change
4. Defnte abandonment of government
5. Rver must contnue to exst
If rver dres up pubc doman
Rver (new bed) n prvate estate pubc doman
If the course went back to orgna bed and owned by andowners not of pubc doman (new bed)
Rver dvdes nto branches
Isoaton / Separaton and owned by rparan owner
Islands on&
1. Seas
2. Lakes owned by the State
3. Navgabe / foatng rvers
Islands formed on non.navi$able rivers&
Owner of nearer margn soe owner
If equdstant dvded ongtudnay n haf
Accession for )ova(le Propert6
1. Ad|uncton
2. Mxture (commxton or confuson)
3. Specfcaton
Ad|uncton -two thngs of dfferent owners |on and form a snge ob|ect
1. Incuson
2. Soderng
3. Wrtng
4. Pantng
5. Weavng
Accessory been unted as ornament or for ts use or perfecton
Principal.Accessory Test
1. That to whch the other has been unted as an ornament, or for ts use, or perfecton
2. Greater VALLUE
3. Greater VOLUME
4. Greater MERITS (combned consderaton for utty and voume)
Motor vehce engne s prncpa
Separaton may be demanded f no n|ury
If accessory s MORE precous separaton may be demanded even n|ury s caused to prncpa
Bad fath (owner of accessory) osses the thng ncorporated
Bad fath (owner of prncpa) accessory may choose:
To pay for the vaue pus damages
Remove the thng even resutng to n|ury of prncpa thng pus damages
Both bad fath good fath
2aterial employed -ithout consent of o-ner&
1. Devery of thng n equa knd and vaue
2. Pay the prce (accordng to expert apprasa)
Sentmenta vaue must be consdered
Matera may be prncpa or accessory
Mxture respectve denttes of the component eements are ost
By chance
Mxture owned n proporton
Not separabe wthout n|ury to the part beongng
%inds& to hm.
1. Commxton sod
2. Confuson qud
If good fath co-ownershp
If bad fath osses matera pus damages
If thngs mxed are of same knd, quantty and quaty dvde nto equa parts
Specfcaton new form to anothers matera thru the appcaton of LABOR
Pant for pantng specfcaton (pant of another)
Board, canvass, meta, stone, paper accessory, therefore t s "Ad|uncton".
Worker n GOOD FAITH:
1. Approprate the new thng
2. Pay for the materas
But f the materas s more vauabe than the new thng:
1. Owner of the materas gets the new thng but pays for the work
2. Or demand ndemnty for the matera
Worker n BAD FAITH:
1. May approprate as hs own wthout payng abor
2. Or demand ndemnty for materas pus damages
1. 2 thngs
2. Accessory foows prncpa
3. Thngs |oned retan ther nature
1. 2 thngs
2. Co-ownershp resuts
3. Lose ther respectve nature
1. 1 thng but form s changes
2. Accessory foows prncpa
3. New ob|ect retans the nature of orgna ob|ect

Sentmenta vaue sha be apprecated
ARTIC$E 4*! , 7-ietin8 of Title
A cloud e'ist&
1. Of an nstrument
2. Apparenty vad or effectve
3. But n truth s INVALID, or neffectve
4. And may be pre|udca to the tte
If pantff s n possesson quetng of tte does not prescrbe
Nature of acton n personam
To authorze an acton determnaton of the part of the defendant to create coud s not merey
Plaintiff must have&
1. Lega ownershp
2. Benefca ownershp
Action may be used&
1. When contract has ended
2. Acton s barred by extnctve prescrpton
Pantff shoud return a benefts he receved from defendant f he wns
Ouetng of tte shoud not be n confct wth the Cv Code
Lex stus
Action -ill not prosper&
1. Boundares
2. Proper nterpretaton of contract
3. Pantff has no tte
4. Acton has prescrbed
5. Contract s vod on ts face
6. Mere cam or asserton
Was n danger of fang obge demoton, or may be demoshed by admnstratve authortes at hs
1. Property ad|acent; or
2. Must pass the vcnty
Co-ownershp state where an ndvdua thng or rght beongs to two or more persons
Two or more persons havng an dea part of a thng whch s not physcay dvded
There s NO co-ownershp when the dfferent portons owned by dfferent peope are aready concretey
determned and dentfabe, even f not yet techncay descrbed
,hat $overns co.o-nership&
1. Contracts
2. Speca ega provson
3. Provsons of the Tte on co-ownershp
Idea dvson
May dspose dea/undvded share
Co-owner des share goes to her
If co-owner s mnor others w not beneft, prescrpton w run aganst other co-owners
NO dea dvson
May NOT dspose of share
If co-owner des - by accreton to other |ont tenants
If co-owner s a mnor w beneft other co-owners, prescrpton w not run
Characteristics of co.o-nership&
1. More than one sub|ect or owner
2. One physca whoe, dvded nto dea shares
3. Must respect each other n the common use, en|oyment or preservaton of the physca whoe
4. Each co-owner hods amost absoute contro of hs dea share
5. NO |urdca personaty
6. A co-owner s a trustee for the others
Share n the BENEFITS and CHARGES n proporton to the nterest of each
Contrary stpuaton s VOID
Proportona share to the accreton or auvum
i$ht to use&
Interest of the co-ownershp must not be n|ured
Co-owners must not be prevented from usng t
A co-owner may defend n court the nterest of the co-ownershp
Case nsttuted by one s n behaf of a
9!/ectment: includes&
1. forcbe entry accon nterdcta
2. unawfu detaner
3. accon pubcana
4. accon revndcatora
5. quetng of tte
6. repevn
May compe others to share the necessary expenses for preservaton
Renuncaton nstead of rembursement
Hs undvded share as may be equvaent to hs share of expenses and taxes
Does not necessary renounce hs entre share
Consent of;
ONE repars, e|ectment acton
ALL ateratons, acts of ownershp
FINANCIAL MA|ORITY a others, usefu mprovements, uxurous embeshments, admnstraton, better
Un|ustfed opposton resutng to damage be borne by the one who opposed
Notfcaton s requred f practcabe
Perpendcuar co-ownershp
Proportionate contribution for&
1. man was
2. party was
3. roof
4. other thngs used n common
Foor owner bears expenses of hs foor
Stars be mantaned, Storey by storey, by the users
Condo'ini-' Act
Condominium nterest n rea property consstng of a separabe nterest n a unt n a resdenta,
ndustra, or commerca budng and an undvded nterest n common drecty or ndrecty, n the
and on whch t s ocated and n other common areas n the budng
)nit part of a condomnum for ndependent use or ownershp
Pro/ect entre parce of rea property
Common areas entre pro|ect except a unts separatey granted, hed or reserved
)ndivided interest 3Common areas hed by the condomnum corporaton
Buyer of a unt acqures ownershp after payment n fu of purchase prce
A ncorporators of a condomnum corporaton must be an owner of a condo unt
Alteration is a chan$e;
1. Whch s more or ess permanent
2. Changes the use of the thng
3. Pre|udce the condton of the thng or ts en|oyment by others
!ffect of ille$al alteration&
1. Co-owner may ose what he spent
2. Demoton may be compeed
3. BUT whatever benefts sha beong to the co-ownershp
4. Co-owners w be entted to proportona share of rent
Lease (one year or ess) act of admnstraton
If more than a year ateraton
Regstered ease - ateraton
If a co-owner ses the entre common property, the sae s vad ony nsofar as hs share s concerned,
uness the sae s consented by the other co-owners.
Co.o-ner may not demand partition&
1. If by agreement for a certan perod of tme (10 years)
2. Prohbted by donor or testator (20 years)
3. Prohbted by aw
4. Physca partton woud render the property unservceabe
5. Lega nature does not aow partton
No prescrpton n favor of a co-owner f he expressy or mpedy recognzes the co-ownershp
Co-owners cannot demand physca partton of an ndvsbe ob|ect
But co-ownershp may st be termnated
1. Extra|udca, |udca
2. Provsona or Temporary, Permanent
3. Partton of rea propery, Partton of persona property
4. Partton n a |udca decree, Partton duy regstered n the Regstry of Property, Partton n a pubc
nstrument, Partton n a prvate nstrument, Ora partton
(actors considered in Partition
1. Preference n the partton
2. Comparatve vaue
3. Lots and parces whch w be most advantageous and equtabe, havng due regard to the
mprovements, stuaton, and quaty of the dfferent parts of the and
Partton made by commssoners w not be effectve unt approved by the court
Commissioners . 3 competent and dsnterested persons w be assgned by the court f the partes
cannot agree upon the partton
i$hts if creditors -ith respect to partition&
Credtor X may partcpate
If he dd not partcpate, he may not mpugn a partton aready executed uness
X was defrauded
X prevousy presented forma opposton to prevent t
"e$al Partition
Frst, gve the whoe to one co-owner who w now be requred to ndemnfy the rest
If ths s not agreed upon, there must be a sae (pubc aucton or prvate sae)
Thrd persons rghts are protected n partton.
!ffects of Partition&
1. Mutua accountng of benefts receved
2. Mutua rembursement for expenses
3. Indemnty for damages n case of neggence or fraud
4. Recproca warranty for: defects of tte (evcton) and quaty (hdden defects)
5. Co-owner has excusve possesson of the part aotted to hm
6. Partton confers upon each the excusve tte over hs respectve share
Each co-owner s abe, after partton, for the defects of tte and quaty of the porton
Ho- co.o-nership is e'tin$uished&
1. |udca partton
2. Extra|udca partton
3. By prescrpton, one co-owner has acqured the property through adverse possesson and repudatng
the co-ownershp of the other
4. Stranger acqures by prescrpton of the thng owned n common
5. Merger n one co-owner
6. Loss or destructon
7. Expropraton (ndemnty w be dstrbuted accordngy)
Hodng of a thng or the en|oyment of a rght
Rght TO possesson ncdent to ownershp
Rght OF possesson an ndependent rght, ndependent of ownershp
De$rees of Possession
1. Mere hodng, wthout any rght
2. Possesson wth a |urdca tte, but not that of an owner
3. Possesson wth a |ust tte, but not from a true owner Rea possessory rght
4. Possesson wth a tte of domnum |ust tte from the true owner
e1uisites or !lements of Possession
1. Hodng or contro of the thng or rght may be actua or constructve
2. Deberate ntenton to possess (anmus possdend)
3. Possesson by vrtue of ones own rght
Hodng or detenton may be actua or constructve
Constructve possesson essenta that the property be NOT n the adverse possesson of another
Classes of Possession
1. Ones own name or another
2. Concept of owner or hoder
3. Good fath or bad fath
Ownershp s dfferent from possesson. A |udgment fro ownershp does not necessary ncude
possesson as an ncdent. But where the actua possessor has no vad rght over the property, the
surrender of possesson shoud be ncuded n the |udgment.
Possesson s NOT a defnte proof of ownershp
Possesson suffcent that the pettoner was abe to sub|ect the property to the acton of hs w
Ownershp thng s competey sub|ect to hs w n a manner NOT prohbted by aw and nconsstent
wth the rghts of others
Possession may be e'ercised&
1. ones own name
2. name of another
Possession in another<s name
1. Vountary agent possesses for prncpa by vrtue of an agreement
2. Necessary mother possesses for unborn chd
3. Unauthorzed ony f subsequenty authorzed but wthout pre|udce no negotorum gesto
Vsts to ob|ect does NOT necessary show possesson
Ownershp of rented and:
Lessor thru tenant, n the concept of owner
Tenant concept of hoder
Possession in;
1. Concept of owner whether n good or bad fath, cams to be and acts as f the owner
Possesson that may rpen nto ownershp, aso known as adverse possesson
2. Concept of a hoder recognzes another to be the owner
!'amples of Possession in concept of a holder
1. tenant
2. usufructuary
3. depostary
4. baee n commodatum
Possesson s of the property concerned. The possesson of the rghts are possessed by them n the
concept of an owner.
Fraud cannot be presumed. It must be estabshed by cear and convncng evdence.
Good faith
Good fath one who s not aware that there exsts n hs tte or mode of acquston any faw whch
nvadates t
Good fath s a queston of ntenton. It s ntangbe and evdenced by externa sgns.
The beef must be reasonabe, not a caprcous one.
Whe the possessor n good fath s one who beeves he s the owner, the possessor n the concept of
an owner s one who acts as f he s the owner
*ad faith
If crcumstances exst that requre a prudent man to nvestgate, he w be n bad fath f he does not
Bad fath or mace mpes a conscous and ntentona desgn to do a wrongfu act for a dshonest
purpose or mora obquty. It s dfferent from he negatve dea of neggence.
Mace or bad fath contempates a state of mnd affrmatvey operatng wth futve desgn or w. It
means breach of a known duty thru some motve. Bad fath partakes of the nature of fraud.
Fas to act wth the dgence of a prudent man
2ista6e on a Doubtful or Difficult =uestion of "a-
May be the bass of good fath provded that such gnorance s not gross
Error n the appcaton of the aw and the nterpretaton of a doubtfu doctrne can st make the
person a possessor n good fath
But mstake or gnorance of a aw by tsef cannot be the bass of good fath, the aw must be one that
s doubtfu or dffcut
*ad faith is personal
|ust because a person s n bad fath does not necessary mean that hs successors-n-nterest are aso n bad
Presumpton s aways gven because every person shoud be presumed honest unt the contrary s
If no evdence s presented provng bad fath, the presumpton of good fath remans
,hen Good faith is converted to *ad faith
From the moment the facts exst of knowedge of the faw
It does not matter whether the facts were cause by hm or another
,hen *ad faith be$ins
Exstence may begn ether from the recept of |udca summons or even before such tme such as a etter
from the true owner
D*P vs CA
When a contract of sae s vod, the possessor s entted to the fruts durng the tme the property was hed n
good fath
Good fath ceases when acton to recover possesson s fed aganst hm and he s served summons therefor
1. Good fath
2. Contnuty of character of possesson same character n whch t was acqured unt otherwse
3. Non-nterrupton of possesson transmsson of possesson of heredtary property
4. Presumpton of |ust Tte of the possessor n the concept of an owner
5. Non-nterrupton of possesson of property un|usty ost but egay recovered
6. Possesson durng ntervenng perod
7. Possesson of movabes wth rea property
8. Excusve possesson of common property
,hat may be possessed& ony those thngs whch are susceptbe of beng approprated
es Nullius& may be possessed and acqured by occupaton but cannot be acqured by prescrpton.
Matera occupaton
Exercse of a rght
Sub|ecton to our w
Proper acts and ega formates / constructve possesson
Ho- possession is ac1uired
1. Matera occupaton detenton of thng, aso ncudes consttutom possessorum or tradto brev
2. Sub|ecton to our w ncudes tradto onga manu and tradto smboca
3. Constructve possesson
!ssential e1uirements
1. corpus detenton of thng
2. anmus ntent to possess
Ac1uisition of possession 4from the vie-point of -ho possesses5
1. persona
2. thru authorzed persons
3. unauthorzed persons but shoud be subsequenty ratfed
!ssential e1uisites
1. persona
ntent to possess
capacty to possess
ob|ect capabe of beng possessed
2. authorzed
ntent to possess for prncpa
authorty and capacty to possess
prncpa has capacty and ntent to possess
3. unauthorzed
ntent to possess for another
capacty of prncpa to possess
ratfcaton by prncpa
But f the stranger had possessed t n hs own name, he has possesson and not the prncpa.
Possesson of the deceased shoud be added to the possesson of the her
Acquston of possesson thru successon morts causa
Time of Ac1uisition
If her accepts from the moment of death snce there s no nterrupton
In the computaton of tme necessary for prescrpton, the present possessor may compete the perod
for prescrpton by tackng hs possesson to that of hs grantor pr predecessor-n-nterest.
Retroactve effect of the acceptance
If her refuses or ncapactated to nhert deemed never to have possessed the same
Sae needs devery
Successon-by the operaton of aw, drect transmtta of possesson
If the father or decedent was n bad fath, t does not necessary mean that the son was aso n bad
fath. The son s presumed to be n good fath. However, snce the father was n bad fath, the
consequences of the good fath of the son shoud be counted ony from the tme of the decedents
3 years possesson n bad fath shoud be equvaent to 1 year possesson n good fath
Persons referred
1. unemancpated mnors
2. nsane
3. prodga or spendthrft
4. those under cv nterdcton
5. deaf-mutes
n genera, those aborng under restrctons on capacty to act
Nature of Possession
In acquston of possesson, ony those matters where they have capacty to act such as physca
sezure of res nuus and donaton of persona property smutaneousy devered to them
And NOT possesson where |urdca acts are mperatve ke the possesson of and the ownershp of
whch he desres to test n court, n ths case, nterventon of the ega representatves or guardans s
Ac1uisition by prescription
May acqure property or rghts ether personay, or thru parents, guardans, or ega representatves
Possession cannot be ac1uired&
thru force or ntmdaton as ong as there s a possessor who ob|ects thereto
1. thru mere toerance mere nacton or faure to brng an acton s NOT toerance
2. thru candestne, secret possesson possesson wthout knowedge, or steath, not open or pubc.
Ho- to recover possession
Shoud not be taken nto hs own hands. Frst, shoud request the usurper to gve up the thng. If he refuses,
nvoke the ad of the competent court. Otherwse, the owner can be made the defendant n a forcbe entry
Possesson by mere toerance, no matter how ong contnued, does not start the runnng of the perod
of prescrpton
A squatters possesson, when there s no voence, s by mere toerance
Clandestine possession
If secret to many, but know to the owner, possesson s affected
There s a presumpton that when possesson s candestne, t s aso unknown to the owner
Possession by force or violence
Force may be proved expressy or by mpcaton
The act of enterng nto the premses and excudng the awfu possessor therefrom necessary mpes
the exerton of force over the property
The force may be:
1. actua or merey threatened
2. done by the possessor hmsef or by hs agent
3. done aganst the owner or any other possessor
4. done to oust the possessor or prevent hm from gettng back the premses
2eanin$ of acts; do not affect possession
1. No ega possesson the ntruder does not acqure any rght to possesson
2. The ega possessor, even f ousted, s st the possessor and therefore:
St entted to the benefts of prescrpton
Entted to the fruts
And st entted as possessor for a purposes favorabe to hm
3. The ntruder cannot acqure the property by prescrpton
Tte ether a rght or the document evdencng the rght
Appes to preference n possesson whether persona or rea property
It aso appes whether the possesson was onger or shorter than one year
Co-possessors of a parce of and hat s mortgaged must be made partes to the forecosure
proceedngs, otherwse they cannot be deprved of possesson of that porton of the and actuay
possessed by them
General ule e$ardin$ Possession as a (act
Possesson as a fact cannot be recognzed at the same tme n two dfferent personates.
Possesson n dfferent concepts or degrees
ules in case of conflict
1. present possessor
2. f both are present, the one onger n possesson
3. f both began possesson at the same tme, the one who presents a tte
4. f both present a tte, the Court w decde. Meanwhe, the thng w be |udcay deposted.
Preference in #-nership or Double Sale
Movabe frst who possessed n good fath
1. frst regstered n good fath
2. no regstraton, frst possessor n good fath
3. no possesson, the one wth the odest tte
An adverse possesson of property by another s not an encumbrance n aw, and does not contradct
the condton that the property be free from encumbrance
Adverse possesson s not a en for a en sgnfes a securty for a cam
Specific i$hts
Reasons for protecton of possesson:
1. t s smar to ownershp, and as a matter of fact t modfes ownershp
2. gves rse to presumpton that the possessor s the owner
Every possessor s protected under Art. 539, whether n the concept of an owner or hoder
The doctrne of exhauston of admnstratve remedes s not appcabe to a party who cams the
dsputed and as hs own prvate and
A squatter has no possessory rght aganst the owner of the and because hs occupancy of the and s
merey toerated by the owner
A wrt of executon and order of demoton s not appeaabe where there s no aegaton that t has
vared the tenor of the |udgment
"e$al means of restoration to possession
Reasons for ega means:
1. to prevent spoaton or a dsregard of pubc order
2. to prevent deprvaton of property wthout due process of aw
3. to prevent a person from takng the aw nto hs own hands
The owner shoud go to court, and not e|ect the unawfu possessor by force
A tenant egay forced out by the owner-andord may nsttute an acton for forcbe entry even f he
had not been payng rent reguary
In|uncton s generay not the proper remedy to recover possesson, partcuary when there are
confctng cams of ownershp
A fna |udgment n an unawfu detaner case may be executed even f there s st pendng accon
revndcatora, for two actons can co-exst
A mere trespasser, even f e|ected, has no rght to nsttute an acton of forcbe entry
,rit of Preliminary 2andatory In/unction
In|uncton cannot substtute for the other, actons to recover possesson. Ths s because n the
meantme, the possessor has n hs favor, the presumpton of rghtfu possesson, t the case s fnay
decded. Excepton: very cear case of usurpaton.
e1uisites for the Issuance
1. n forcbe entry cases n the orgna court fe wthn 10 days from the tme the compant s
2. n unawfu detaner cases n RTC and CA fe wthn 10 days from the tme the appea s
perfected ony f:
essees appea s frvoous or datory
essees appea s prma face mertorous
even f the forcbe entry s fed eeven months from entry, the remedy may st be avaed of. Note:
prescrpton of forcbe entry s 1 year
The wrt of premnary n|uncton cannot be granted wthout notce and hearng
Possession in the concept of o-ner
Possessor n concept of an owner may eventuay become the owner by prescrpton
A possessor n the concept of hoder cannot acqure property by acqustve prescrpton. For
prescrpton to set n, the possesson must be adverse, pubc, and to the excuson of a.
Possession in the concept of holder
1. Lessees
2. Trustees
3. Antchretc credtors
4. Agents
5. Attorneys
6. Depostares
7. Co-owners uness the co-ownershp s ceary repudated by unequvoca acts communcated
to the other co-owners
Tax decaratons and recepts are not concusve evdence of ownershp but when couped wth proof of
actua possesson, tax decaratons and recepts are strong evdence of ownershp.
e1uirements of presumption of a /ust title&
1. Must be n possesson (actua or constructve)
2. The possesson must be n the concept of owner
Actua possesson of the property under cam of ownershp rases the dsputabe presumpton of
ownershp. The true owner must resort to |udca process fro the recovery of the property.
The artce can appy to both rea and persona property
easons for presumption&
1. Presumpton that one s n good fath
2. Inconvenence of carryng proofs of ownershp around
98ust title: in possession
1. It s presumed
2. |ust tte means true and vad tte suffcent to transfer ownershp
Three 6inds of Titles
1. True and Vad Tte there was a mode of transferrng ownershp and the grantor was the owner
2. Coorabe Tte athough there was a mode of transferrng ownershp, somethng s wrong
because the grantor s not the owner
Titulo Colorado s what s meant by |ust tte n the aw of prescrpton
Ordnary prescrpton needs good fath and |ust tte
Extraordnary prescrpton does not need ether good fath or |ust tte
In case of rea propertes, prescrpton s 10 and 30 years respectvey
3. Putatve Tte athough a person beeves hmsef to be the owner, he nonetheess s not, because
there was no mode of acqurng ownershp
Adverse possesson s needed ony to acqure somethng by prescrpton. But there s no need for
prescrpton f you are aready the owner.
A person who s not n fact n possesson cannot acqure a prescrptve rght to the and by the mere
asserton of a rght theren
By anaogy, f my possesson of the house s n the concept of owner, my possesson of the furnture s
aso presumed to be n the concept of owner. Therefore, my |ust tte to both the house and furnture s
By "rea property" and "movabes" we mean ony rea or persona thngs, NOT rghts.
Applicability of the Article
1. Whether the possessor be n good or bad fath
2. Whether the possesson be n ones name or another
3. Whether the possesson be n the concept of owner or hoder
Excusve possesson begns at the tme of dvson
Interrupton n possesson of PART of the thng ony mted to that part thereof. Aso, there s a
proportonate osng n the area possessed.
ules in civil interruption
1. Cv nterrupton s produced by |udca summons to the possessor
2. |udca summons sha be deemed not to have been ssued, and sha not gve rse to nterrupton:
If t shoud be vod for ack of ega soemntes
If the pantff shoud desst from the compant or shoud aow the proceedngs to apse
If the possessor shoud not be absoved from the compant
In a these cases, the perod of the nterrupton sha be counted FOR the prescrpton.
(irst para$raph
Athough because of the nterrupton hs good fath ceases, the possessor can st retan the property
unt he has been f rembursed for a the necessary and usefu expenses made by hm on the
Fruts refer to the natura, ndustra, and cv fruts, not to other thngs
Lega nterrupton happens when a compant s fed aganst hm and he receves the proper |udca
Before ega nterrupton, the fruts receved are hs own
After the recept of the summons, the rght to get the fruts not yet gathered ceases
Possessor s entted to the fruts receved before the converson nto BAD FAITH, for then, he woud
st be n good fath
When a contract of sae s vod, the possessor s entted to keep the fruts durng the perod for whch
t hed the property n good fath
Second para$raph
If at the tme of ega nterrupton, the crops are st growng, the rue on pendng crops, not that on
gathered crops, shoud appy
If at the tme of ega nterrupton, the crops have aready been gathered, but are sod ony after such
nterrupton, the sae s mmatera, for the aw ony requres ony a gatherng or severance
Third para$raph
If cv fruts accrue day, Art. 545 does not appy
Actua recept of the rents s mmatera

Ths artce appes to PENDING fruts, natura or ndustra. Aso to crops aready panted but not yet
The expenses for cutvaton sha aso be dvded pro rata> Manresa: the better rue woud be for the
expenses to be borne n proporton to what each receves from the harvest
The charges (taxes, nterest on mortgages) are aso to be dvded n proporton to the tme o
Necessary !'penses they are those wthout whch the thng woud physcay deterorate or be ost; those
made for the preservaton of the thng
They do not ncrease the thngs vaue; they merey prevent the thngs from becomng useess
Those ncurred for cutvaton, producton, and upkeep
Necessary repars for the house
N#T necessary e'penses
Those ncurred for fng up wth so a vacant or deep ot
House constructed on and possessed by a stranger
Land taxes they are merey charges
Unnecessary mprovements on a parce of and purchased at aucton sae, made |ust to prevent
Expenses made by the possessor to enabe hm to use the property for hs own purposes
i$hts of a possessor as to necessary e'penses
If n good fath
1. Refund
2. Retan premses t pad
If n bad fath refund ony
If the owner sues the possessor for the recovery of the property, the possessor n good fath must fe a
countercam for the refund of necessary and usefu expenses, otherwse the |udgment n the case w
be a BAR to a subsequent sut brought soey for the recovery of such expenses
)seful e'penses those that add value to the property
Those ncurred for an rrgaton system
Erecton of a chape
Makng artfca fshponds
Constructon of addtona rooms n the house
For cearng up the and formery thcky covered wth trees and shrubbery
i$hts of a possessor as to useful e'penses
If n good fath
1. Rembursement ether the amount spent or for the ncrease n vaue
2. Retenton t pad
3. Remova provded no substanta damage or n|ury caused to the prncpa, reducng ts vaue.
Uness, opton 1 s exercsed.
The possessor n good fath s entte to both the fruts and expenses, hence they o not compensate
each other.
If n bad fath s NOT entted to any rght regardng the usefu expenses. The buder n bad fath
oses whatever s but wthout payment of any ndemnty.
ecovery cannot prosper&
Possessor n bad fath
Faure to present a countercam
Rght of retenton no need to pay rent
Durng the perod of retenton, addtona mprovements w not be entted to refund because the
buder aready knew that he s not the owner (bad fath)

Dama$e substanta one that reduces the vaue of the property, thus a sght n|ury curabe by an ordnary
repar does not defeat the rght of remova, but the repars shoud be chargeabe to the possessor
"u'urious or #rnamental e'penses those whch add vaue to the thng ony for certan determnate persons
n vew of ther partcuar whms. They are nether essenta for preservaton nor usefu to everybody n
Hand pantngs on the wa of the house
Garage made of patnum
Water fountans n gardens
i$hts of a possessor as to lu'urious e'penses
If n good fath
No rght of refund or retenton but can remove f no substanta n|ury s cause. However, owner has
opton to aow:
1. Possessor to remove
2. Or retan for hmsef by refundng the AMOUNT SPENT
In bad fath
No rght of refund or retenton but can remove f no substanta n|ury s cause. However, owner has
opton to aow:
1. Possessor to remove
2. Or retan for hmsef by refundng the VALUE t has at the tme owner ENTERS nto possesson
The vaue of the refund f the possessor s n bad fath s ess because deprecaton has set n.
Possessor n bad fath: The refund shoud not exceed the amount spent, otherwse he s paced n a
better poston than the possessor n good fath
i$hts of a possessor re$ardin$ the fruits
If n good fath
1. Gathered or severed fruts are hs own
2. Pendng or ungathered fruts pro-ratng between possessor and owner of expenses, net harvest,
and charges
Bad fath
1. Gathered fruts must return vaue of fruts aready receved as wes as the vaue of fruts whch
the owner or egtmate possessor coud have receved wth due care or dgence, mnus the
necessary expenses
2. Pendng or ungathered fruts no rghts at a, not even to expenses for cutvaton
The possessor n bad fath s duty bound to render an accountng of the fruts receved or coud have
been receved and must pay damages amountng to a reasonabe rent for the term of hs possesson.
The rue as to the fruts does not appy to a defendant n a forcbe entry case where the recoverabe
damages are the reasonabe compensaton for the use and occupaton of the premses the far renta
!very possessor refers to one n good or bad fath, concept of owner or hoder, n ones own name or
another, and NOT to the owner or the person ad|udged by the court to be awfuy entted to possess.
"iti$ation refers to a court action
Neither the possessor in $ood faith nor in bad faith is entitled to&
Improvements caused by NATURE
Improvements caused by TIME
ules applicable
Good fath
1. Before recept of |udca summons NOT abe
2. After |udca summons
Loss or deteroraton thru fortutous event NOT abe
Thru frauduent ntent or neggence - LIABLE
Bad fath LIABLE n any case
,ays of "osin$ Possession
Thru possessors vountary w and ntent
1. Abandonment
2. Assgnment (onerous or gratutous conveyance)
Aganst the possessors w
1. Possesson of another for more than one year
2. Fna |udgment n favor of another
3. Expropraton
4. Prescrpton n favor of another
5. Recovery or revndcaton by the egtmate owner
Because of the ob|ect
1. Destructon or tota oss of the thng
2. Gong out of commerce
3. Escapng from possessors contro of wd anmas
Abandonment voluntary renunciation of a thin$
The abandoner must have been a possessor n the concept of owner
He must have the capacty to renounce or aenate
No expectaton to recover or ntent to return or get back
Additional Doctrines&
A property owner cannot be hed to have abandoned the same unt at east he has some knowedge of
the oss f ts possesson or the thng
There s no rea ntenton to abandon property when as n case of a shpwreck or a fre, thngs are
thrown nto the sea or upon the hghway
An owner may abandon possesson merey, eavng ownershp n force, but a mere possessor cannot
abandon ownershp snce he never had the same
If an owner has not ost possesson because there has been no abandonment, t surey cannot be
acqured by another thru prescrpton
There s no abandonment f an owner merey toerated anothers possesson, nor f the atter was done
by steath or effected thru force and ntmdaton
There s no abandonment of movabes even f there s temporary gnorance of ther whereabouts, so
ong as they reman under the contro of the possessor (so ong as another has not obtaned contro
over them)
In true abandonment, possesson de facto and de |ure are ost
Abandonment whch converts the thng nto res nuus does not appy to and
Assgnment compete transmsson of ownershp rghts to another person, onerousy or gratutousy
at no tme dd the thng not have a possessor for possesson merey changed hands or contro
both possesson de facto and de |ure are ost, and no acton w aow recovery
Possession of another
If a person s not n possesson for more than one year, he oses possesson DE FACTO. Thus, he can no
onger brng an acton for forcbe entry or unawfu detaner. Moreover, constructve possesson s aso
ost possesson. But may st nsttute an accon pubcana to recover possesson de |ure, possesson
as a ega rght, or the rea rght of possesson.
If a person oses possesson for more than 10 years, he oses possesson de |ure, or the rea rght of
possesson. Accon pubcana or revndcatora s st possbe uness prescrpton has set n.
Destruction0 "oss0 ,ithdra-al from commerce
A thng s ost when t pershes, or goes out of commerce, or dsappears n such a way that ts
exstence s unknown, or t cannot be recovered.
Parta oss n genera resuts ony n the oss of possesson of the part ost
Art. 555 refer to both rea and persona property except par. 4.
Possesson s ost when he has no dea at a about the whereabouts of the movabe
NOT ost he more or ess knows ts genera ocaton, though he may not know ts precse or defnte
If I eave my and and another possesses the same fro the requred perod, I have ost my possesson
and the ownershp over the same, nsofar as the occuper s concerned, but not nsofar as other
peope. For strangers, reyng on the Regstry, are st prveged to consder me possessor and owner.

Possession of movable property ac1uired&
In bad fath s never equvaent to tte
In good fath as a genera rue, equvaent to tte. If the owner wants to get back, he must remburse.
Excepton: NOT equvaent to tte when the owner had LOST t or UNLAWFULY DEPRIVED of t, UNLESS
the possessor had acqured t n good fath at a pubc sae.
The tte s not that of an absoute owner but one that can be defeated ony by the true owner who
gves rembursement
Even f not the absoute owner yet, possesson may eventuay rpen nto fu ownershp thru acqustve
It s necessary that the possesson be n the concept of owner an that the owner had not ost the
property nor unawfuy deprved of t
Ac1uired in $ood faith the possessor s of the beef that the person whom he receved the thng was ts
owner and coud transfer vad tte thereto
Title the |urdca act of transferrng or conferrng ownershp; and not a document
"ost missed or misplaced
)nla-fully deprived taken by another thru theft, robbery or estafa. Not appcabe f ony "cv abty"
Owner may recover WITHOUT rembursement
1. From possessor n bad fath
2. From possessor n good fath f owner had ost or unawfuy deprved of t
Owner may recover but SHOULD remburse
1. If possessor acqured the ob|ect n good fath at a PUBLIC SALE or AUCTION
Owner CANNOT recover, even f he offers rembursement (whether or not ost or unawfuy deprved)
1. If possessor had acqured t n good fath by purchase from a MERCHANTS STORE, FAIRS, or
2. If owner by hs conduct s precuded from denyng the seers authorty to se (estoppe)
3. If possessor had obtaned the goods because he was an nnocent purchaser for vaue and hoder of
a NEGOTIABLE document of tte to the goods
Ones possesson of wd anmas s ost when they are under ANOTHERS contro or under NO ONES
ules on Domesticated or Tamed animals
1. The possessor does NOT ose possesson of them as ong as they habtuay return to possessors
2. Possesson s LOST f the aforementoned habt has ceased
Recovery shoud be accordng to the aw such as proper wrts and actons or wth the ad of the
competent authortes
Art. 561 appes to both possessors n good and bad fath but ony f BENEFICIAL to them
Possessor n good fath may make use of the artce for the purpose of prescrpton
Possessor n bad fath s not requred to return the fruts the owner coud have receved durng the
perod of nterrupton, for to mpose the duty woud pre|udce and not beneft, sad possessor.
Article %!/
USUFRUCT gves a rght to en|oy the property of another wth the obgaton of preservng ts form and
substance, uness the tte consttutng t or the aw otherwse provde
Rea rght, of temporary n nature, whch authorzes ts hoder to en|oy a the benefts whch resut
from the norma en|oyment of anothers property, wth the obgaton to return, at the desgnated tme,
ether the same thng, or n speca cases, ts equvaent
combnaton of rght to use and rght to the fruts
rght to dspose "naked ownershp"
Fu ownershp = Naked ownershp + Usufruct
!ssential Characteristics
1. Rea rght whether Regstered or not
2. Temporary n nature or duraton
3. Its purpose s to en|oy the benefts and derve a the advantages from the ob|ect as a
consequence of norma use or expotaton
Natural Characteristics
The obgaton of CONSERVING or PRESERVING the FORM AND SUBSTANCE of the thng.
Accidental Characteristics
1. whether t be pure or a condtona usufruct
2. the number of years t w exst
3. whether t s n favor of one person or severa, etc.
#b/ect of )sufruct
1. may be rea or persona property
2. may be stere or productve (frutfu thngs)
3. may be created over a rght (as ong as t s NOT strcty persona or ntransmssbe, and has an
ndependent exstence
i$hts of Action
1. acton to protect the usufruct tsef
2. acton to protect the exercse of the usufruct
Article %!#
Classification as to #ri$in
1. Lega created by aw. Such usufruct cannot, because of famy reasons, be mortgaged or aenated by
the parents.
2. Vountary or Conventona
a. created by the w of the partes INTER VIVOS (durng fetme)
f ths s created by sae or any vauabe consderaton Statute of Frauds appes to
rea property and persona property P500 or more
b. created MORTIS CAUSA
the formates of a w or codc must be comped wth, ether notara or
3. Mxed or Prescrptve created by both aw and act of person
To consttute a vad usufruct, a the requrements of the aw must be comped wth
A usufruct over rea property, beng a rea rght, must be duy regstered to bnd
nnocent thrd persons
Article %!4
Classification as to =uantity or !'tent
1. as to fruts tota or parta (dependng on whether a the fruts are gven or not)
2. as to ob|ect UNIVERSAL (f over the entre patrmony) or SINGLE or PARTICULAR (f ony ndvdua
thngs are ncuded
Classification as to Number of persons en/oyin$ the ri$ht
1. Smpe ony one usufructuary
2. Mutpe severa
a. Smutaneous at the same tme
b. Successve one after the other
If created by donaton a the donees must be ave, or at east aready conceved, at the
tme of he perfecton of the donaton
Testamentary successon there must ony be two successve usufructuares, both must
be ave or at east conceved at the tme of the testators death
Classification as to =uality or %inds of #b/ects
1. over RIGHTS the rght must not be strcty persona or ntransmssbe
rght to receve present or future support cannot be sub|ect of a usufruct
a usufruct over a rea rght s aso by tsef a rea rght
2. over THINGS
NORMAL or perfect or reguar. Ths nvoves non-consumabe thngs
where the form and substance are preserved.
ABNORMAL mperfect or rreguar. Usufruct over consumabe property
(quas- usufruct), over non-consumabe thngs that graduay deterorate by use, over
unproductve or stere anmas
Classification as to Terms or Conditions
1. Pure usufruct no term or condton
2. Wth a perod or term ("a termno")
a. Ex de from a certan day
b. In dem up to a certan day
c. Ex de n dem from a certan day up to a certan day
3. Wth a condton (condtona)
Article %!%
ules $overnin$ a usufruct
1. the agreement of the partes or the tte grantng the usufruct
2. n case of defcency, appy the Cv Code
In case of Conflict
The rghts granted by vrtue of a w prevas over the coda provsons, uness repugnant to the mandatory
provsons of the Cv Code.
Article %!!
(ruits .The usufructuary s entted to the natura, ndustra and cv fruts that w accrue durng the exstence
of the usufruct.
Dividends they are ncome or cv fruts, whether cash or stock dvdends. They shoud beong to the
usufructuary because they are decared out of company profts and not corporate capta.
Generay, products whch dmnsh capta, cannot be consdered fruts, uness a contrary ntenton
Hdden treasure usufructuary s a stranger. But may be entted to one-haf f he s fnder.
Article %!*
Fruts pendng at the begnnng of usufruct
1. beong to the usufructuary
2. no necessty of refundng owner of expenses ncurred
3. but wthout pre|udce to the rght of thrd persons
Fruts pendng at the termnaton of the usufruct
1. beong to the owner
2. but the owner must remburse the usufructuary for the ordnary cutvaton
expenses, and for the seeds and smar expenses, from the proceeds of the fruts
3. Aso, rghts of nnocent thrd partes shoud not be pre|udced.
Article %!+
ules -hen leased property to another
Lease executed by the usufructuary shoud termnate at the end of the usufruct or earer except n the case of
eases of rura ands, because f the usufruct ends earer, the ease contnues for the remander of the
agrcutura year.
It s not the naked owner, but the usufructuary who has the rght to choose the tenant.
Article %!"
Article %*0
Cv fruts sha accrue proportonatey to the naked owner and usufructuary, for the tme the usufruct asts.
The partes may stpuate otherwse n ther contract, absent the stpuaton appy Art 570.
The artce appes whether the date of dstrbuton of benefts from ndustra or commerca
enterprses are fxed or not.
The SC rued that both cash and stock dvdends are fruts. Same shoud appy to profts of a
Article %*
)sufruct has the ri$ht to the en/oyment of&
1. accessons (whether artfca or natura)
2. servtudes or easements
3. a benefts nherent n the property ke the rght to hunt, fsh, construct ran water receptaces, etc
Article %*/
i$hts -ith eference to thin$ itself
1. He may personay en|oy the thng (entted to possesson and fruts)
The en|oyment may aso be thru another uness the contrary has been provded or stpuated
2. He may ease the thng to another even wthout the owners consent. Moreover, ordnary the ease
must NOT extend to a perod onger than that of the usufruct, uness the owner consents. Thus, the
ease ends at the tme the usufruct ends, except n rura eases.
If the essee shoud damage the property, the usufructuary sha answer to the owner
The usufructuary may demand rembursement from the essee, because of the breach
of contract of the ease
If the usufructuary cannot pay, hs bond sha be abe
i$hts -ith eference to the ri$ht itself
1. He may aenate the usufructuary rght se, donate, bequeath, or devse except:
a. Lega usufruct
b. Usufruct granted n consderaton of hs person
c. Usufruct acqured thru a caucon |uratora
2. He may pedge or mortgage the usufructuary rght. But he may not pedge or mortgage the
thng tsef.
Parenta usufruct cannot be aenated or pedged or mortgaged.
Article %*#
!ffect of the Deterioration fast deterioratin$ thin$s
1. NORMAL USE the usufructuary s NOT responsbe. No necessty to make repars to restore them
to ther forma condton. Faure to return the thng w resut n ndemnfcaton for the vaue of
the ob|ect may have at the end of the usufruct
2. EVENT OR ACT that ENDANGERS ther preservaton / FORTUITOUS EVENT, even though NO faut
or neggence or fraud on the part of the usufructuary requred to make ordnary or necessary
3. FRAUD or NEGLIGENCE the usufructuary s responsbe. Such abty may however be set off
aganst mprovements
Article %*4
=uasi.usufruct - on consumabe thngs. Form and substance s not reay preserved. Ths s reay a SIMPLE
ules for =uasi.usufruct
1. the usufructuary(debtor-borrower) can use them as f he s the owner, wth compete rght of pedge or
2. BUT at the end of the usufruct, he must
a. Pay the APPRAISED vaue (f apprased when frst devered)
b. Or f there was no apprasa, return the same knd, quaty or quantty OR pay the prce current
at the termnaton of the usufruct (not the orgna prce or vaue)
Article %*%
Special usufruct on fruit bearin$ trees . i$hts
The usufructuary can use the foowng:
1. dead trunks
2. those cut off or uprooted by accdent
but he must repace them wth new pants
Article %*!
1. f t s mpossbe or too burdensome to repace them, the usufructuary has an opton. He
a. may use the trunks but shoud repace them
b. or may eave the dead, faen, or uprooted trunks at the owners dsposa, and demand that the
atter remove them and cear the and
2. f t s sghty burdensome to repace them, the usufructuary must repace them (whether he uses the
dead trunks or not), and he cannot demand cearance of the and by the owner
Article %**
#bli$ations of the usufructuary Special usufruct over -oodland
1. n the exercse of the dgence n carng for the property, the woodand shoud be preserved, ether by
deveopment or by repantng, he cannot consume a
2. n the cuttng or feng of the trees, he must
a. foow the owners habt or practces
b. n defaut thereof, foow the customs of the pace (as to manner, amount, season), a wthout
pre|udce to the owner, for he can use but cannot abuse appcabe f woodand s a
copse(thcket of sma trees) or conssts of tmber for budng
c. of there be no customs, the ony tme the usufructuary can cut down trees w be for repar or
mprovement, but here the owner must frst be nformed
3. cannot aenate the trees uness he s expressy or mpedy permtted by the owner or uness he
needs the money to do some repars (but need to nform owner)
Article %*+
,hat the usufructuary can demand from the o-ner
1. authorty to brng the acton (usuay a speca power of attorney)
2. proofs needed for recovery
to pre|udce thrd partes, the usufruct must ether be regstered or known to them
Institution of the action
The acton may be nsttuted n the usufructuarys name, for beng the owner of the usufruct, he s deemed a
rea party n the nterest
f the purpose s the recovery of the property or rght, he s st requred to obtan authorty of the
naked owner
f the purpose s to ob|ect to or prevent dsturbance over the property, no authorty s needed
!ffect of the /ud$ment
1. naked ownershp beongs to the owner
2. usufruct beongs to the usufructuary
Article %*"
)seful and "u'urious Improvements
The usufructuary has the rght to make:
1. usefu mprovements
2. uxurous mprovements
1. he must not ater the form or substance of the property hed n usufruct
2. he s NOT entted to a refund, BUT he may
a. ether remove the mprovements f no substanta damage s caused
b. or set-off(compensate) the mprovements aganst damages for whch he may be abe
Improvements may be regstered, but not ndependenty, but n the regstraton proceedngs of the
and hed n usufruct to protect hm aganst thrd persons
Exampe: to enforce rght of remova of usefu mprovements aganst nnocent purchaser for vaue of
and sod
Whe a possessor n good fath s entted to a refund for usefu mprovements, a usufructuary s not.
Article %+0
ules Set.off
1. If damage exceeds the vaue of the mprovements, usufructuary s st abe for the dfference
2. If the vaue of the mprovements exceeds the damage, the dfference does not go to the usufructuary,
but accrues nstead n the absence of a contrary stpuaton n favor of the naked owner, otherwse t s
as f the usufructuary woud be entted to a parta refund n cash
e1uisites Set.off
1. The damage must have been caused by the usufructuary
2. The mprovements must have augmented the vaue of the property

Article %+
Naked owner retans the rght to aenate the property But
1. He cannot ater ts form or substance
2. Or do anythng pre|udca to the usufructuary
A purchaser of the property must respect the usufruct n case t s regstered or known to hm,
OTHERWISE, he can oust the usufructuary, who ca then ook to the naked owner for damages
If the naked owner bequeaths or devses to another thru a w, the egatee or devsee shoud respect
the usufruct
Doube sae: ordnary not aowed to se usufruct to another after havng sod t frst to the
usufructuary. But f he does so Art 1544 on Doube Sae w appy.
#ther ri$hts of the na6ed o-ner
1. Construct any works
2. Make any mprovements
3. Or make new pantngs thereon f t be rura
BUT such acts must NOT cause:
1. Decrease n the vaue of the usufruct
2. Or pre|udce the rght of the usufructuary
Article %+/
)sufructuary of a part of common property
A co-owner may gve the usufruct of hs share to another, even wthout the consent of others, uness persona
consderatons are present.
The usufructuary n such a case takes the owners pace as to:
1. Admnstraton (management)
2. Coecton of fruts or nterest
!ffect of Partition
1. If there be partton, the usufructuary contnues to have the usufruct of the part aotted to the co-
owner concerned
2. If the co-owners make a partton, wthout the nterventon of the usufructuary, ths s arght, and the
partton bnds sad usufructuary. Necessary however, the naked owner must aso respect the

Article %+#
Inventory and securty not necessary before the rght to usufruct begns. They are merey necessary
before physca possesson and en|oyment of the property can be had
e1uirements for the ma6in$ of the inventory
1. The owner must be prevousy notfed
2. The condton of the mmovabes must be descrbed
3. The movabes must be apprased
4. No form s requred except rea property n pubc nstrument to bnd thrd persons
5. Expenses to be borne by the usufructuary
6. Effect of not makng nventory same as not gvng securty
7. When nventory s NOT requred:
a. When no one w be n|ured thereby provded the naked owner consents
b. In case of waver by the naked owner or the aw, or when there s a stpuaton n a w or
The $ivin$ of Security
Purpose: to nsure fathfu compance of the dutes of the usufructuary
Form any knd of suffcent securty sha be aowed cash, persona bond, mortgage, etc
When securty s not requred:
a. No one w be n|ured thereby (pre|udce)
b. Waver by the naked owner, or stpuaton n a w or by contract
c. When the usufructuary s the donor of the property (who has reserved the usufruct)
d. When there s parenta usufruct- except when the parents contract a subsequent marrage,
provded that each chds property does not exceed 50,000 n whch case, the parents have to fe
a bond not as usufructuary, but as guardan or admnstrator
e. When there s a caucon |uratora, whch takes pace of the bond
Article %+4
Article %+%
Article %+!
!ffects of (ailure to $ive security
On the rghts of the naked owner
a. He may dever the property to the usufructuary (but even f devery s made, naked owner
may st ater demand the needed securty)
b. Or the naked owner may choose retenton of the property as admnstrator (usufructuary gets
the net proceeds mnus the admnstraton expenses, fxed by agreement or the courts)
c. Or the naked owner may demand recevershp or admnstraton (by another) of the rea
property, sae of movabe, converson or depost of credt nstruments, or nvestment of cash
or profts
On the rghts of the usufructuary
a. The usufructuary cannot possess the property t he gves securty
b. He cannot admnster the property, he cannot execute a ease thereon
c. Cannot coect credts that have matured, nor nvest them uness the Court or naked owner
(c) - appes even f the usufructuary s exempted from gvng securty
d. But can aenate hs rght to the usufruct. The grantee may possess the moment he gves
Athough the owner may demand sae of movabes, he may retan some of them for ther artstc worth
or sentmenta vaue, he may demand ther devery to hm provded he gves securty for the payment
of ega nterest on ther apprased vaue
Note that f the movabe sod, the cash beongs to the owner, but the nterest thereon (6% per annum)
beongs to the usufructuary
Article %+*
The Artce appes when he s requred but cannot afford to gve securty. Does not appy when
exempted from gvng securty
Caucion 8uratoria
The promse under oath
A sworn duty to take good care of the property and return the same at the end of the usufruct
It takes pace of the bond or securty based on necessty and humanty
Proper court petton
Necessty for devery of furnture, mpements, or house ncuded n the usufruct
Approva of the court
Sworn promse
estriction usufructuary cannot aenate or ease the property for ths means that he does not need them
Article %++
RETROACTIVE effect of gvng bond
Article %+"
Duty to ta6e care of property
1. Athough care of a pater famas s requred, st a usufruct s NOT extngushed by bad use. Bad use
enttes the owner to demand ts admnstraton wthout pre|udce to the usufruct.
2. Usufructuary s requred to make ordnary repars and to notfy the naked owner of urgency of
extraordnary repars. Moreover, usufructuary answers for damage caused by the faut or neggence of
hs aenee, grantee, agent, or essee.
Damage to property caused by the faut or neggence of the usufructuary s demandabe rght away
(no need to wat for the end of the usufruct)
The usufructuary s NOT entted to rembursement for ordnary repars but may retan the property t
he s rembursed of extraordnary expenses, whch he may have been compeed to do.
Article %"0
"iability of )sufructuary for acts of the substitute
1. Usufructuary s made abe for the acts of the substtute. Whe the substtute answers to the
usufructuary, the usufructuary answers to the naked owner.
2. Even when there s a sub-usufructuary, t s st the usufructuary who answers to the naked owner for
ordnary repars, taxes on the fruts, etc.

Article %"
ules in case of fruitful or productive livestoc6
a. If some anmas de from natura causes
b. or ost due to rapacty of beasts of prey
even f the cause be fortutous, there s the duty to repace
repacement shoud be made from the YOUNG produced.
2. NO obgaton to repace
a. If there s a tota oss of the anmas because of some unexpected or unnatura oss (ke
contagous dsease or any uncommon event, provded usufructuary has NO faut
b. If there s a parta oss (under the same condtons)
Remans, not the remander, must be gven to the naked owner
In cased of parta oss, usufruct contnues on the remander, provded usufructuary has NO faut
If because of FAULT usufruct st contnues because bad use does not extngush usufruct
Stere anmas rue on usufruct over fungbes appes
Article %"/
Duty to ma6e ordinary repairs
For the usufructuary to be responsbe for ordnary repars, the foowng condtons must be present:
1. They are requred by NORMAL or NATURAL use
2. They are needed for preservaton
3. They must have occurred durng the usufruct
4. They must have happened wth or wthout the faut of the usufructuary
If HE was at faut, the usufructuary must pay ndemnty for damages
If he renounces usufruct:
If NO faut, no need to make or pay for necessary repars but he must surrender the fruts
If at faut, he s not exempted from necessary repars. He woud st be abe for damages.
emedy of na6ed o-ner if usufructuary does not ma6e repairs
Provded that the naked owner had demanded, the owner may make them at the expense of the usufructuary
Ordnary repars those requred by wear and tear due to the natura use of the thng and are ndspensbe for
ts preservaton
Article %"#
Article %"4
%inds of e'traordinary repairs
1. Those caused by NATURAL use but not needed for preservaton -
2. Those caused by ABNORMAL and EXCEPTIONAL crcumstances and are needed for preservaton
3. Those caused by ABNORMAL and EXCEPTIONAL crcumstances but are not needed for preservaton
,ho should pay
1. For 1,2,3 Naked Owner (whether or not he s notfed by the usufructuary)
2. For (1) - The naked owner s not requred to make them. But f made, t shoud be borne by the owner
3. He cannot be compeed by the usufructuary to make them
4. For (2) owner cannot be compeed but the usufructuary may make them wth the rght to get the
ncrease n vaue and the rght of retenton t pad at the termnaton of the usufruct, provded there
was notfcaton and faure owner to make repars
5. For (3) owner cannot be compeed to make them. Aso, the usufructuary s not aowed to make the
repars because t s not necessary for the preservaton
If extraordnary repars were made, owner may demand ega nterest on the amount
for the duraton of the usufruct (because the usufructuary benefted)
e1uisites before usufructuary is allo-ed to ma6e repairs
1. There must be due notfcaton to the naked owner of urgency
2. The naked owner faed to make them
3. The repar s needed for preservaton
i$ht of )sufructuary -ho made repairs
1. Get ncrease n vaue (dfference n vaue before and after repar) or get rembursement of expenses
2. Rght of retenton t pad rembursement s to be made ony at the end of the usufruct

Article %"%
The na6ed o-ner may&
1. Construct works
2. Make mprovements
3. Make new pantngs (f rura)
1. The vaue of the usufruct s NOT dmnshed
2. Or the rght of the usufructuary s not pre|udced
!ffect of increase in value of the usufruct because of the constructions or plantin$s
1. The usufructuary profts by the sad ncrease
2. He does NOT have to pay ega nterest on the mprovement because t s a VOLUNTARY act of the
naked owner
Article %"!
)sufructuary should pay for&
1. Annua charges (on the fruts)
2. Annua taxes on the fruts
3. Theoretcay, aso the annua taxes on the and(ncudng rea estate tax)
Land Taxes / Rea property tax owner, because t s a burden upon the capta
Effect of payment of annua rea property tax does not necessary foow that he has
adverse possesson, for after a, t s he who must pay for sad taxes (Ourante vs
#ther Char$es
1. Ordnary repars
2. Necessary cutvaton expenses
Article %"*
The naked owner pays for taxes mposed drecty on the capta (provded that they are not annua) e.g.
estate tax
1. If pad by naked owner, he can demand ega nterest on the sum pad
2. If advanced by the usufructuary, he --
a. Shoud be REIMBURSED the amount pad wthout ega nterest
b. Entted to RETENTION t pad
Rembursement shoud be made ony at the TERMINATION of the usufruct provded ADVANCE had
been made vountary. If forced to pay, rembursement wth damages shoud be made mmedatey
Article %"+
Applicability of the article
1. If the usufruct s a unversa one
2. The naked owner
a. Has debts
b. Or s obged to make perodca payments
Partcuary appes f a person donates everythng but reserves to hm the usufruct thereof
,hen the usufructuary has to pay for the debts of the na6ed o-ner
1. There beng no stpuaton regardng the payment of debts, the done sha be responsbe thereof ony
when the donaton has been made n fraud of credtors
The donaton s aways presumed to be n fraud of credtors
2. When the donaton mposes upon the done the obgaton to pay the debts of the donor, I the cause
does not contan any decaraton to the contrary, the former s understood to be abe to pay ony the
debts whch appear to have been prevousy contracted. In no case sha the done be responsbe for
debts exceedng the vaue of the property donated, uness a contrary ntenton ceary appears.
Article %""
ules on )sufruct on matured credit
1. If usufructuary has gven securty, coecton and nvestment can be done WITHOUT the approva of the
court or of the naked owner
2. If the usufructuary has NOT gven securty, or when he s exempted or when there was ony a caucon
|uratora, coecton and nvestment can be done ony WITH the approva of the court or the naked
#-nership of the credit collected
If the credt s coected, same beongs to the naked owner, but the usufructuary gets the usufruct;
The usufructuary sha be abe for faure to coect matured credt because of hs faut or neggence
Article !00
Ho- liability of na6ed o-ner may be e'tin$uished
1. By consttutng a usufruct over an equvaent estate
2. Or by payment of a perodca penson equvaent to the oss
3. Or n any other smar way
Article !0
,hen notification of the usufructuary is re1uired
1. If a thrd party commts acts pre|udca to the rghts of the ownershp
2. If urgent repars are needed
3. If an nventory s to be made
!ffect of non.notification
1. In (1) usufructuary s abe for damages, as f they had been caused thru hs own faut
2. In (2) the usufructuary cannot even make the extraordnary repars needed
3. In (3) the nventory can go on, but the naked owner may ater pont out dscrepances and omssons
n the nventory
Article !0/
Artce appes when usufructuary ost the case
The defense of the naked ownershp s naturay chargeabe to the naked owner
Article !0#
)sufruct is e'tin$uished<
1. By the DEATH of the usufructuary uness a contrary ntenton appears;
a. In case of mutpe usufructs ends on the death of the ast survvor
b. In case there s a perod fxed based on the number of years that woud eapse before a person
reach a certan age
c. In case the contrary ntenton ceary appears (express or mped)
2. By the expraton of the perod for whch t was consttuted, or by the fufment of any resoutory
condton provded n the tte creatng the usufruct;
If the usufruct s on rea property, or on a rea rght on rea property, the perod must be
recorded to bnd thrd persons
The term shoud not exceed 50 years f the usufructuary s a |urdca person. Premature
abandonment or dssouton of the |urdca entty extngushes the usufruct
3. By merger of the usufruct and ownershp n the same person;
4. By renuncaton of the usufructuary;
May be made expressy or mpedy, as ong as t s done ceary, wth ntent to renounce
(Art 1270)
No need for naked owners consent mere abandonment of ones own rght
If the renuncaton s made gratutousy and n fraud of credtors, sad credtors can rescnd
the renuncaton, to the extent of ther credts
5. By the tota oss of the thng n usufruct;
Parta oss usufruct contnues on the remanng part
For tota oss of the budng (whether and s ncuded n usufruct or not)
For ega oss (as n the case of expropraton)
6. By the termnaton of the rght of the person consttutng the usufruct;
If the usufructuary has a sub-usufructuary, the sub-usufruct ends at the tme the usufruct
s extngushed. If the sub-usufructuary des ahead of the usufructuary, the sub-usufruct
ends, uness a contrary ntenton appears
Death of the naked owner does NOT extngush the usufruct
7. By prescrpton
Refers to acqustve prescrpton by a stranger ether of the usufruct or of the naked
Mere non-user by the usufructuary of the usufruct does not termnate the usufruct, uness
t s aso a renuncaton
#ther causes for !'tin$uishment
a. Annument
b. Rescsson
c. Mutua wthdrawa
d. Lega causes such as attanment of age of ma|orty n parenta usufruct
ABUSE or MISUSE of the usufruct does Not extngush t, uness by vrtue of such abuse or
msuse, the thng has been totay ost
Non-fufment of a suspensve condton does NOT extngush usufruct, because the usufruct
NEVER came nto exstence
Article !04
Article !0%
Not appcabe to trusts
Article !0!
Article !0*
1. Usufruct on BOTH budng and and (but the budng s destroyed n any manner whatsoever before
the expraton of the usufruct
a. The usufruct on the budng s ended, but the usufruct on the and contnues
b. Usufructuary s st entted to the use of the and and the use of whatever materas of the
house reman
c. If the naked owner wants to rebud but the usufructuary refuses, t s the usufructuary who
prevas for the use of the and s st hs for the remander of the perod
2. Usufruct on the budng ALONE (budng s destroyed before the termnaton of the perod)
a. The usufruct on the budng ends, but may st make use of the materas of the house reman
b. The usufructuary s entted to the use of the and automatc use of the and by usufruct of
the budng
c. But snce there s no usufruct over the and, the naked owner has preferenta rght to ts use.
If the owner wants to rebud, he sha have the rght to occupy the and and to make
use of the materas, beng obged to pay to the usufructuary, durng the contnuance
of the usufruct the ega nterest upon the sum equvaent to the vaue of the and and
of the materas
Note: there shoud be nterest
1. On the materas
2. On the and
Destructon (of budng) person at faut must ndemnfy
Article !0+
1. If the naked owner and the usufructuary share n the premums (and the property s destroyed):
a. If the owner rebuds, the usufruct contnues on the new budng
If cost of budng s LESS than nsurance ndemnty usufructuary shoud get ega
nterest on the dfference (the amount not nvested)
If the cost s MORE usufructuary en|oys new budng competey wth no obgaton to
gve nterest on the addtona cost to the naked owner
b. If the owner does NOT rebud, he gets the nsurance ndemnty but shoud pay the
nterest(fruts) thereon to the usufructuary
2. If the naked owner ALONE pays for the nsurance and the usufructuary has REFUSED to share (and the
property s destroyed)
a. The naked owner gets the whoe ndemnty
b. If usufruct was on the budng and the and, usufruct contnues on the and and the materas.
Owner has no rght to rebud f opposed by usufructuary.
If rebud wth consent, there s NO usufruct on the new budng, but the naked owner
must pay nterest on the vaue of the and and the od materas
c. If usufruct on budng aone naked owner may rebud wth or wthout approva of the
usufructuary, but he must pay nterest on the vaue of the and and materas that may have
been used
3. If the naked owner ALONE pad because of faure or omsson of usufructuary effect s the same as f
there was sharng, but the usufructuary must remburse hs share of nsurance premum to the owner
4. If the usufructuary ALONE pays
a. The nsurance ndemnty goes t the usufructuary ALONE
b. Usufruct contnues uness the usufruct s consttuted on the budng aone
c. Usufructuary has no obgaton to rebud
A contrary stpuaton between the partes w PREVAIL
Article !0"
ules in case of e'propriation
1. If the owner ALONE was gven the ndemnty, he has the opton
a. To repace wth equvaent thng
b. Or to pay to the usufructuary ega nterest on the ndemnty requres securty gven by the
naked owner for the payment of the nterest
2. If BOTH were separatey gven ndemnty usufruct s totay extngushed
3. If usufructuary ALONE must gve t to the naked owner and compe the atter to return ether the
nterest or to repace the property. He may even deduct the nterest hmsef, f the naked owner fas to
Article !0
!ffect of *ad use
1. BAD use whch does NOT cause consderabe n|ury to the naked owner
Usufruct contnues, naked owner CANNOT demand admnstraton by hmsef
2. BAD use whch causes consderabe n|ury
Usufruct contnues, but the naked owner can demand devery to and admnstraton by hm,
but he w be obged to pay the NET PROCEEDS to the usufructuary
Beng an admnstrator merey, he cannot se or aenate the rght to the usufruct, though he
may st aenate the property, wthout pre|udce to the usufruct
COURT w determne whether or not there s consderabe n|ury to the naked owner.
Article !
ules in case of multiple usufruct
1. If consttuted smutaneousy death of the ast survvor termnates the usufruct
2. If consttuted successvey death of ast survvor
However, t s essenta that
a. If by vrtue of donaton the donees-usufructuares must be vng at the tme of donaton
b. Vrtue of ast w there shoud ony be two successve usufructuares, and both must be ave
or at east conceved
Article !/
i$hts and obli$ations at the termination of the usufruct
1. Usufructuary:
a. Must RETURN the property to the naked owner, but he has the rght
b. To RETAIN the property t he s REIMBURSED for TAXES on the capta (whch had been
advanced to hm) and EXTRAORDINARY REPAIRS or EXPENSES (nsofar as there has been an
ncrease n the vaue)
c. To REMOVE removabe mprovements or set them off aganst damages he has caused
Remova may be done ether durng or after the usufruct
2. Naked owner:
a. Must cance the securty or mortgage (provded the usufructuary has comped wth the
b. In case of rura eases, respect eases unt the end of the agrcutura year
c. Make rembursements to the usufructuary n the proper cases
Article !#
!asements an encumbrance mposed upon an mmovabe for the beneft of the communty or one or more
persons or for the beneft of another mmovabe beongng to a dfferent owner
Rea rght
There s rghtfu mted use wthout ownershp or possesson
Refers to mmovabes
ule in choosin$
The one where the way s SHORTEST and w cause LEAST damage shoud be chosen. If these two
crcumstances do not concur n one snge tenement, the way whch w cause the east damage shoud be
used, even f t w not be the shortest.
Article !4
Characteristics of !asement
1. rea rght
2. mposabe ony on anothers property
3. |us n re aena a rea rght that may be aenated though the naked ownershp s mantaned
4. t s a mtaton or encumbrance on the servent estate for anothers beneft
a. It s essenta that there s a BENEFIT
b. NOT essenta that the beneft be exercsed
c. NOT essenta that the beneft be very great
d. The beneft shoud not be so great as to competey absorb or mpar the usefuness of the
servent estate
e. The utty or beneft goes to the domnant estate mted use but NO possesson
f. The exercse s naturay restrcted by the needs of the domnant estate or of ts owner
g. Easements are not presumed, but may be mposed by aw
There can be NO easement mposed on PERSONAL property
Article !%
Article !!
Accordng to beneft
1. rea for the beneft of another mmovabe beongng to a dfferent owner
2. persona for the beneft of one or more persons or of a communty
Accordng to manner
1. contnuous ther use s ncessant, or may be ncessant wthout the nterventon of any act of man
2. dscontnuous they are used at ntervas and depend upon the acts of man
Accordng to exstence
1. apparent those made known and contnuay kept by externa sgns
2. non-apparent show no externa ndcaton of ther exstence
Accordng to purpose
1. postve the owner of the servent estate s obged to aow somethng to be done on hs property or
do t hmsef
2. negatve the owner of the servent estate s prohbted to do somethng
Accordng to the rght gven
1. parta use
2. gettng of specfc matera
Accordng to source
1. vountary consttuted by w or agreement of partes or by a testator
2. ega those consttuted by aw for pubc use or prvate nterest
3. mxed party by agreement and party by aw
Article !*
Conse1uence of Inseparability
Easements cannot be sod or donated or mortgaged ndependenty of the rea property to whch they
may be attached
Regstraton of the domnant estate wthout the vountary easement does NOT extngush the
If servent estate extngushes the vountary easement
1. actua knowedge of the exstence of the unrecorded easement
2. there s an understandng or stpuaton that the easement woud contnue to exst
Actua knowedge of thrd persons s equvaent to regstraton
Article !+
Partton or dvson of an estate does NOT dvde the easement
Increase n the number of owners does not make the easement more burdensome
Article !"
|udca decaraton that an easement exsts not creatng one, but merey decares the exstence of an
easement created ether by aw or by the partes or testator.

Article !/0
2odes of Ac1uirin$
1. If contnuous and apparent by TITLE or by PRESCRIPTION (ten years)
2. A others by TITLE ony
Intestate successon does not create an easement but merey transmts an easement aready
Prescrpton n Art. 620 requres 10 years rrespectve of good fath or bad fath

Article !/
1. Postve from the day the domnant estate began to exercse t
2. Negatve from the tme NOTARIAL PROHIBITION was made on the servent estate
Article !//
!asements that may be ac1uired only by title
1. contnuous non-apparent because they are not pubc
2. dscontnuous apparent because the possesson s not unnterrupted
3. dscontnuous non-apparent because possesson s nether pubc or unnterrupted
e1uisites of Prescription
1. possesson n the concept of owner
2. pubc
3. peacefu
4. unnterrupted
Article !/#
Proof of e'istence of easements
1. the deed of recognton by the servent owner
2. fna |udgment
Article !/4
Apparent si$ns of an easement that apparently e'ists
orgnay, no true easement because there s ony one owner
sgn of the easement merey an outward ndcaton that the easement exsts
t s NOT essenta that there be an apparent sgn between the two estates, t s mportant that that
there s an apparent sgn that an easement exst
1. Before aenaton NO true easement
2. After aenaton
a. There arses an easement f the sgn contnuous to reman uness there s a contrary
b. There s no easement f the sgn s removed or f there s an agreement to ths effect
If the DEED be sent, the easement exsts uness the sgn be removed
Article !/%
Uness the necessary rghts are aso granted, the rght to the easement tsef s rendered nugatory
Necessary rghts ncude repar, mantenance, and accessory easements
To pre|udce thrd persons, vountary easements must be regstered. Regstraton s generay not
essenta for ega easements.
Article !/!
Easements appurtenant easements wth a domnant estate
Easements n gross wthout a domnant estate, purey persona
Article !/*
Article !/+
Article !/"
Article !#0
i$hts of the D#2INANT estate
1. to exercse the easement and a necessary rghts
2. to make on the servent estate, a the necessary works for use and preservaton of the servtude, BUT

a. must be at hs own expense

b. must notfy the servent estate
c. seect convenent tme and manner
d. must not ater the easement nor render t more burdensome
3. ask for mandatory n|uncton to prevent mparment or obstructon
4. to RENOUNCE totay
#bli$ations of the D#2INANT estate
1. cannot ater the easement
2. cannot make t more burdensome
a. he cannot use the easement except for mmovabe orgnay contempated
b. n easement of rght of way, cannot ncrease wdth of path or depost so outsde the
boundares but may aow others to pass uness the contrary has been stpuated
3. f there be severa domnant estates, each must contrbute to necessary repars and expenses n
proporton to the benefts receved by each estate
i$hts of the S!+I!NT estate
1. retan ownershp and possesson of the porton of hs and affected by the easement
2. to make use of the easement, uness deprved by stpuaton, provded that the exercse of the
easement s not adversey affected, provded further that he contrbutes to the expenses, uness there
s a contrary stpuaton
3. to change the ocaton of a very nconvenent easement, provded an equay convenent substtute s
made, wthout n|ury to the domnant estate
#bli$ations of the S!+I!NT estate
1. cannot mpar the use of the easement
2. must contrbute to the expenses n case he uses the easement, uness there s a contrary stpuaton
3. n case of mparment, to restore condtons to the status quo at hs expense pus damages
4. to pay for the expenses ncurred for the change of ocaton or form of easement
Article !#
2odes of !'tin$uishment
1. merger n the same person of the ownershp of the domnant and servent estates
2. non-user for ten years
From what tme to compute:
dscontnuous from the tme t ceased to be used
contnuous from the day on whch an act contrary to the same took pace
3. when ether or both of the estates fa nto the condton that the easement cannot be used
bad condton of the tenement or mpossbty of use merey suspends snce possbty of use
revves the easement
4. expraton of the term or fufment of the condton
5. renuncaton
6. redempton
#ther causes of e'tin$uishment
1. expropraton
2. permanent mpossbty of use
3. annument, rescsson, or canceaton of the tte
4. abandonment of the servent estate
5. resouton of the rght of the grantor to create the easement
6. regstraton of the servent estate as FREE, easement was not regstered
7. n ega easement of rght of way, openng of adequate outet to the hghway
Article !#/
+oluntary !asements
the easement tsef may prescrbe
the form or manner of usng may aso prescrbe
"e$al !asements
some ega easements do not prescrbe, moreover, the rght to exercse them cannot aso prescrbe.
But the form and manner of usng them may prescrbe
some ega easements do prescrbe, ke the servtude of natura dranage
Article !##
co-ownershp the use of one prevents prescrpton wth respect to others because of INDIVISIBILITY
Article !#4
"e$al !asements mposed by aw and whch have for ther ob|ect:
1. pubc use
2. or the nterest of prvate persons
Different "e$al !asements
1. easements reatng to waters
2. rght of way
3. party wa
4. ght and vew
5. dranage
6. ntermedate dstances
7. easement aganst nusance
8. atera and sub|acent support

Article !#%
Ho- public or communal easements are $overned
1. speca aws and reguatons
2. Cv code (suppetory)
Article !#!
Ho- le$al easements for private interests are $overned
1. agreement of nterested partes not prohbted by aw nor pre|udca to thrd persons
2. n defaut of (1), genera or oca aws and ordnances for genera wefare
3. n defaut of (2), Cv Code
Article !#*
"e$al !asements relatin$ to -aters
1. natura dranage of ands
2. natura dranage of budngs
3. easement on rparan banks for navgaton, foatage, fshng, savage
4. easement of a dam
5. easement of drawng water or for waterng anmas
6. easement of aqueduct
7. easement for the constructon of a stop ock or suce gate
Art ?@A natural draina$e of lands - prescrbes by non-user for 10 years
,hat lo-er estates are obli$ed to receive
1. water whch naturay and wthout the nterventon of man descends from the hgher estates
2. stones and earth carred by the waters
1. cannot construct works that w mpede the natura fow uness he provdes an aternatve method of
2. owner of the hgher estate cannot make works that w ncrease the natura fow
Duties of the servient estate
1. cannot construct works that w mpede the easement, dvert the fow, and burden another tenement
2. BUT he may reguate or contro the descent of the water
3. shoud he reay cause an OBSTRUCTION, the easement may be extngushed by non-user and barred
by prescrpton f the acton to destroy s brought ony after 10 years
Duties of the dominant estate
1. he cannot make works that w INCREASE the burden
2. may construct works preventng eroson
3. f descendng waters are resut of artfca deveopment or proceed from ndustra estabshment or
overfow from rrgaton dams shoud pay compensaton for oss or damage
a CONTRACT, onerous or otherwse, may extngush the ega easement provded no n|ury to
thrd persons
NO ndemnty requred f condtons n the artce are comped wth
If water that fows are coected from man-made agoons ndemnty s requred
Article !#+
!asements alon$ riparian ban6s
Urban 3 meters
Agrcutura 20 meters
Forest 40 meters
TOW PATH 2 meters for anmas, 1 meter for pedestrans
A rver banks are of pubc ownershp except rver banks whch had aready become of prvate
ownershp under the Sete Partdas
!asements allo-ed
1. on banks of rvers, a pubc easement for:
a. navgaton
b. foatage
c. fshng
d. savage
2. on banks of navgabe or foatabe rvers, aso the easement of TOW PATH for the excusve
servce of rver navgaton and foatage
Payment of Indemnity
1. f and be of PUBLIC ownershp NO ndemnty
2. f prvate ndemnty
!ffect if municipal ordinance ma6e easement impossible the authorty of oca governments to enact
muncpa ordnances s sub|ect to the genera mtaton that the same sha not be repugnant to aw
Article !#"
!asement for the construction0 abutment0 or buttress of a dam
payment of ndemnty s requred
Article !40
!asements for dra-in$ -ater or for -aterin$ animals
1. they can ony be mposed for reasons of PUBLIC USE
2. must be n favor of a TOWN or VILLAGE
3. proper ndemnty must be pad
Article !4
prncpa easement for drawng water and waterng anmas
accessory easement easement of rght of way
e1uirements for such easement to e'ist
1. must be for PUBLIC USE
2. n favor of a town or vage
3. sought not by one ndvdua but the town or vage
4. payment of proper ndemnty
5. rght of way maxmum of 10 meters
Article !4/
Article !4#
Article !44
Article !4%
Article !4!
"e$al !asement of A1ueduct
rght to make water fow thru ntervenng estates n order that one may make use of sad waters
easement of rght of way does not necessary ncude easement of aqueduct
1. ndemnty must be pad amount depends on duraton and nconvenence caused
2. f for prvate nterest cannot be mposed on exstng:
a. budngs
b. courtyards
c. annexes
d. out-houses
e. orchards
f. gardens
g. can be mposed on other thngs provded no n|ury to sad propertes
3. There must be proof:
a. That he can dspose of the water
b. Water s suffcent for use for whch t s ntended
c. Most convenent and east onerous to thrd persons
d. Proper admnstratve permsson be obtaned
Possible -ays of ma6in$ easement effective
1. open cana
2. covered or cosed cana
3. tubes or ppes
#bli$ations of the dominant o-ner
1. to keep the aqueduct n proper use or care
2. to keep on hand necessary materas for ts use
i$ht of servient estate to fence or build over the a1ueduct as lon$ as&
1. no damage s caused
2. or repars or ceanngs become mpossbe
for ega purposes the easement s consdered contnuous and apparent to make the easement
susceptbe to acqustve prescrpton fro the beneft of agrcuture
Article !4*
e1uisites if construction of a stop loc6 or sluice $ate
1. purpose must be for rrgaton or mprovement
2. the constructon must be on the estate of another
3. damages must be pad
4. thrd persons shoud not be pre|udced
Article !4+
Article !4"
!asement of i$ht of ,ay aowed to pass over anothers and
1. The property s surrounded by estates of others
2. No adequate outet to a pubc hghway
3. Payment of proper ndemnty - use before ndemnty s not aowed
4. Must be estabshed at the pont east pre|udca to the servent estate
5. The soaton must not be due to the propretors act
6. Demandabe ony by the owner or one wth a rea rght ke a usufructuary
Its exstence does not depend on the consent of the co-owners beng a ega easement and not a
vountary one
NOT entted to easement for faure to meet the requstes
Mere nconvenence for the domnant estate s not enough to serve as bass for an easement of rght of
The burden of provng the exstence to vady cam the rght of way es on the owner of the domnant
Proper indemnity
PERMANENT pay the vaue of the and occuped by the path pus damages
TEMPORARY pay for the damages caused
Classification of ri$ht of -ay
1. Prvate
2. Pubc
!asement in favor of the Government
Ony the easement of a pubc hghway, way, prvate way estabshed by aw, or any governmenta
cana or atera thereof
It s necessary that the easement s pre-exstng at the tme of the regstraton of the and n order that
the owner be compeed to respect t
Easement not pre-exstng there shoud be proper expropraton proceedngs and payment of |ust
Article !%0
!asement of ri$ht of -ay pont east pre|udca to the servent estate, dstance be shortest to the pubc
Article !%
,idth of the Path
May be modfed from tme to tme dependng on the reasonabe needs of the domnant estate
Pathway shoud be suffcent for use of automobes(Larracos vs. De Rosaro)
Article !%/
Article !%#
ules -hen land ac1uired by sale0 easement of ri$ht of -ay
ENCLOSING estate s that of the grantor grantee does NOT pay
ENCLOSED estate s that of the grantor grantor MUST pay
Article !%4
#-nership0 epairs0 Ta'es
Ownershp servent estate, even permanent, thus he pays a the taxes
BUT the domnant estate
a. Shoud pay for the repars
b. Pay proportonate share of taxes
Article !%%
!'tin$uishment of ri$ht of -ay
a. Openng of a new road
b. |onng the domnant estate wth another wth access to pubc hghway. BUT the new access must be
adequate and convenent.
Extngushment NOT automatc, servent estate "may" demand.
NOT appcabe to vountary easement of rght of way
If easement s temporary, no return of ndemnty because damage had aready been caused
Article !%!
Temporary easement of ri$ht of -ay
Proper ndemnty must be gven
"Indspensbe" great nconvenence s suffcent

Article !%*
,idth of i$ht of -ay for passa$e of livestoc6
1. Anma path 75 meters
2. Anma tra 37 meters and 50 cm
3. Catte 10 meters
Payment of ndemnty
Can ony be mposed for reasons of pubc use n favor of a town or vage
Article !%+
!asement of party -all wa at the dvdng ne of the estates
Article !%"
Ho- Presumption that a -all is a party -all be rebutted&
1. Tte to the contrary
2. Exteror sgns to the contrary
3. Proof to the contrary
Tte prevas over exteror sgn
Article !!0
!'terior si$ns
If the owner has sgns n hs favor, and some aganst hm, they cance each other, uness t can be
shown from the purpose of the wa that t had been made for the excusve beneft of one
Article !!
Presumpton of party dtches or drans rebuttabe
Article !!/
epairs and construction on party -all proportionate contribution
enunciation can be made )N"!SS&
1. The repar had aready been contracted for and made
2. He st uses the wa
1. Must be tota or compete renuncaton
2. Must be made vountary and fu knowedge of the facts
3. Must be made before the expenses are ncurred
4. Is made wth the mped condton that the other owner shoud meke or pay for the repars
5. Must be of both share n the wa and the and

Article !!#
Indemnfcaton must be made for damages
Article !!4
i$ht to increase hei$ht of the party -all
Must do so at hs own expense
Pay for the necessary damages caused even f temporary
Bear the cost of mantenance of the porton added
Pay for the ncreased cost of preservaton
Must reconstruct f orgna wa cannot bear the ncreased heght
Must gve addtona space f wa be thckened
He w however be the EXCLUSIVE owner of the addtons uness 665 s avaed of
Article !!%
May acqure part-ownershp n the addtons pay the vaue at the tme of acquston

Article !!!
Use by the co-owners of the wa
Article !!*
Prohbton to make an openng thru the party wa any wndow or aperture of any knd
Article !!+
!asement of "i$ht and +ie-
Postve wndow s thru a party wa prescrpton counted from tme of the openng of the wndow
Negatve wndow thru ones own wa from the tme of notara prohbton upon the ad|onng owner
Article !!"
estricted -indo-s openin$s for li$ht and not vie-
1. Maxmum sze 30 sq. cm.
2. Must have an ron gratng embedded n the wa
3. There must be a wre screen
4. Openng must be at the heght of the ceng beams or mmedatey nder the ceng
If there be severa openngs restrctons must be comped wth for every openng
Uness the easement of ght has been acqured, restrcted wndows may st be obstructed
Sanctions in case of violations
1. Can ask for the reducton of sze
2. May obstruct the ght
a. By constructng a hgher budng on hs own and
b. Or rasng a bockng wa
3. If the wa becomes a party wa, he can cose the wndow, uness there s a stpuaton to the contrary
Article !*0
Article !*
ules for e$ular ,indo-s can be opened provded that the proper dstance are foowed
Proper Distances
Drect vew 2 meters between the wa havng the wndows and the boundary ne
Sde or obque vew at east 60 cm. from the nearest edge of the wndow
It s permssbe to bud even up to the boundary ne provded that no reguar wndows are opened
(restrcted wndows are aowed)
Artce aso appes to terraces f there are rangs

Article !*/
Art 670 s appcabe to budng separated by pubc way or aey NOT LESS than 3 meters wde,
sub|ect to speca reguatons and ordnances
Article !*#
A rght has been acqured to have drect vews true servtude (restrant or abstenton)
Article !*4
Draina$e of *uildin$s
1. A person shoud et ran water fa on hs own and and not on the ad|acent and, even f he be a co-
owner of the atter
2. Ran water must be COLLECTED nstead of |ust beng aowed to drft to the ad|acent or ower and
Article !*%
Easement of recevng water fang from roofs compusory upon payment of ndemnty
Article !*!
1. Because of the encosure, there s no adequate outet for the ran water
2. The outet must be at the pont of easest egress
3. Least possbe damage
4. Payment of proper ndemnty
Article !**
NO constructons near fortfed paces or fortresses
Article !*+
Construction of A1ueduct0 ,ells0 Se-ers0 !tc
Foow the dstances prescrbed by the reguatons and customs, of there be any, otherwse take
No waver or ateraton by stpuaton s aowed
A voator s abe for damages
Article !*"
ules in plantin$ of trees 4distances5
1. Foow ordnances
2. Then customs
3. If both are not present, foow the mnmum:
a. Ta trees 2 meters from boundary to center of tree
b. Sma trees or shrubs 50 cm
Expected natura heght s the crteron
Remedy for voaton: demand uprootng of tree or shrub
Article !+0
ules on Intrusion or !'tensions of branches and roots
Branches rght to demand that they be cut off
Roots may cut them off hmsef
Branches does NOT prescrbe f toerated by nvaded owner; f demand s made, prescrpton runs
from the date of demand
Roots mprescrptbe uness notara prohbton s made
Rght of the owner of the tree- to cut the tree hmsef
Article !+
ules as to fruits
If st hangs on the tree owned by the tree owner
If naturay faen beong to the owner of the nvaded and
Article !+/
!asement a$ainst nuisance
1. If pubc nusance
a. Prosecuton under the Pena Code or any oca ordnance
b. Cv acton
c. Abatement, wthout |udca proceedngs
2. If prvate nusance
a. Cv acton
b. Abatement, wthout |udca proceedngs
Article !+#
Factores and shops may be mantaned provded the east possbe annoyance s caused to the
Article !+4
"ateral and Sub/acent support
Latera both the and beng supported and the supported and are on the same pane
Sub|acent supported and s above the supportng and
emedies for infraction&
Article !+%
Any stpuaton aowng excavaton that cause danger to an ad|acent and or budng s VOID
Article !+!
Appcabty to future constructons
Article !+*
Notfy owners of ad|acent and of any excavaton
Notce s Not requred f there s actua knowedge of the excavaton
If there be notce, excavaton shoud not deprve the other owners of atera and sub|acent support
Notce s requred to enabe ad|onng owners to take proper precauton
Article !++
%inds of +oluntary !asements&
1. Preda for the beneft of an estate
2. Persona
Ony the owner or someone ese, n the name of and wth authorty of the owner may estabsh a
vountary preda servtude fro ths s an act of ownershp
Consent of usufructuary s needed to create perpetua vountary easement
If owner wth a resoutory tte or annuabe one easement deemed extngushed at the resouton or
annument of rght

Article !+"
Naked owner may mpose any servtude wthout consent of the usufruct, provded to n|ury s suffered
by the atter
Article !"0
ules -hen usufruct e'ists
The benefca owner (usufruct) may by hmsef create a temporary easement compatbe wth the
extent of hs benefca domnon
If easement s perpetua both benefca and naked owners must consent
Article !"
Consent of a co-owners are requred to mpose
Consent need not be smutaneous, may be gven successvey
Consent gven cannot ater on be revoked
Consent gven s bndng upon successors
Article !"/
Governin$ rules for voluntary easements
If created by tte (contract, w, etc.) tte governs. Cv code s suppetory.
If prescrpton the form and manner t was acqured. Cv code s suppetory.
If created by prescrpton n a proper case form and manner of possesson. Cv code s suppetory.
Article !"#
Servent estate has bound tsef to pay for the mantenance of the easement may renounce the
property to the owner of the domnant estate
Renounce ony the part affected by the easement, f whoe property s affected the whoe property
shoud be renounced
Renuncaton s made: must compy wth the proper |urdca form for the transmsson of ownershp