Académique Documents
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Atty. Robles
PROPERTY
How is property lost?
PROPERTY
Property is an economic concept, meaning, a mass of things or objects useful to
human activity and which are necessary to life, for which reason they may in one
way or another be organized and distributed but always for the use of man.
In the strict legal sense, it is an aggregate of rights which is guaranteed and
protected by the government.
In the ordinary sense, it indicates the thing itself rather than the rights attached to
it.
Property, considered as an exclusive right to things, contains not only a right to use
these things, but the right to dispose of them, either by exchanging them for other
things or by giving them away to any other person without any consideration, or
even throwing them away.
Right to Property 1987 Philippine Constitution
No person shall be deprived of property without due process of law (Article 3,
Section 1)
Private property shall not be taken for public use without just compensation
(Article 3, Section 9)
Right to Property Louisiana State Constitution
Every person has the right to acquire, own, control, use, enjoy, protect, and dispose
of private property. This right is subject to reasonable statutory restrictions and the
reasonable exercise of the police power (Article 1, Section 4).
Right to property
The right to property is distinct and separate from property in itself and is defined
as the juridical tie by virtue of which a person has the exclusive power to receive
or obtain all the benefits from a thing, except those prohibited by law, or by the
rights of others.
The right to property emphasizes the vinculum between man and thing, while
ownership refers to the mass of rights over a thing.
The right to property is the right and interest which a man has in lands and chattels
to the exclusion of all others.
Right to property is a real right.
Immovable or real
Movable or personal
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Atty. Robles
I. Immovables by nature: those which cannot be moved from place to place
1.
Lands, buildings, roads, and constructions of all kinds adhered to the soil (par. 1)
That which is built upon the land goes with the land
Constructions of all kinds adhered to the soil should be interpreted as to be
immovable, it must be attached permanently to the land. It thus becomes
immovable by incorporation.
The law does not define what properties are immovable; they are merely
enumerated.
The enumeration in Art. 415 does not give an absolute criterion as to which
properties are real, and which are peTrsonal.
Immovables follow the law of their locality.
Classes
1. By nature
2. By incorporation
3. By destination or
purposes
4. By analogy
II. Immovables by incorporation: those which are essentially movables, but are attached to
an immovable
1. Trees, plants, and growing fruits while they attached to the land or form an
integral part of an immovable
2.
Paras provides that trees and plants are considered really property by
incorporation only if they were planted through labor. If such are
spontaneous products of the soil, they are real property by nature
The moment the tree is detached from or uprooted from the land, they
become personal property
Except in case of uprooted timber, if the land is timber land. This is so because
although it is no longer attached, the timber still forms an integral part of
the timber land immovable
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The immovable condition of these objects depends upon their being destined
for the use in the industry or work in the tenement.
The moment they are separated, not necessarily from the immovable, but
from the industry or work in which they are utilized, they recover their
condition as movables.
Machinery which is immovable on its nature only becomes immobilized when
placed in a plant by the owner of the property but not when so placed by a
tenant, usufructuary, or any person having only a temporary right, unless such
person acted as an agent of an owner.
Fertilizers should be on the land where they are to be utilized because it is the
intention of the owner to use them on the tenement
Fertilizers kept in the farmhouse are not immovable
III. Immovables by Destination of Purpose: those which are essentially movables but by the
purpose for which they have been placed in an immovable, partake of the nature of the
latter because of the added utility derived therefrom
According to Manresa, the properties referred to here are not material things
but rights, which are necessarily intangible
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By special provision
Act. No. 1508 the Chattel Mortgage Law, recognizes the growing crops are personal
property and may be the object of chattel mortgage
Profs lecture
All that is built upon land shall belong to the owner of the land
General rule: to the principal which is the land, belong all the accessories
Exception: If the contract was subject to modern convention or by agreement of
the parties
The presumption is that the owner of the land is the owner of the building but this
can be rebutted
Under PD 464, owners of the land every 3 years must declare under oath all other
improvements on the land/property. This safety provision was created so as not to
unduly deprive the government of taxes
Atty. Robles
Par. 3 forces of nature such as electricity, gas, light, nitrogen, heat, oxygen, rays,
etc.
Par. 4 machinery not attached to land nor needed for the carrying on of an
industry conducted therein, portable radio, laptop computer, diploma hanging on
the wall
2.
Personal effects
Personal effects are personal property, but not all personal property are personal
effects
Personal effects include not only such tangible property as applied to a person and
cannot include automobiles
Intellectual property
A patent, a copyright, the right to an invention these are intellectual properties
which should be considered as personal property
4.
3.
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Consumable
Fungible
The classification into consumable or non- A classification into fungibles and nonconsumable is according to the nature of the fungibles is a classification according to
thing
purpose
It is the intention of the parties to a contract that determines whether the object is fungible
or non-fungible, and not the consumable or non-consumable nature of the thing
Atty. Robles
2.
3.
4.
Dominion v. Ownership
1. Domino is not ownership
Public dominion does not carry the idea of ownership
Property of public dominion is not owned by the State, but pertains to
the State, which as territorial sovereign exercises certain juridical
prerogatives over such property
Public dominion
The term public dominion may be used in the sense of ownership by the State, in
that the State has control and administration
The term may be used in the sense of ownership by the public in general, in that for
as long as such properties remain for public use, they cannot be made the object of
commerce, not even by the State or its subdivisions
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Patrimonial Property
The property it owns but which is not devoted to public use, public service, or the
development of national wealth.
It is wealth owned by the State in its private, as distinguished from its public
capacity
They are subject to prescription
They can also be the object of ordinary contracts
Public lands may, under the Civil Code, be classified as private property of the
State, as soon as they are available for alienation or disposition
Atty. Robles
Property of public dominion ceases to be such and becomes private property of the
State only upon a declaration by the government
Under Art. 461, however, an abandoned river bed belongs not to the State, but to
the private land owner whose land is now occupied by the changed course, in
proportion to the area lost.
Patrimonial property
Note that in the case of State properties, properties for public service are of
public dominion, this is not so in the case of political subdivisions for public
service are patrimonial (since they are not for public use)
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Other private properties are those that belong to private persons individually or
collectively
Collectively refers to ownership by private individuals as co-owners or by
corporations, partnerships, or other juridical persons who are allowed by the Civil
Code to possess and acquire such properties
Possession by private persons since time immemorial carries the presumption that
the land had never been part of the public domain
An alien has had no right to acquire lands since the date of effectivity of the 1987
Constitution except by hereditary succession. The same rule applies to foreign
corporations
Applicable principles
1. Property for public use of provinces and towns are governed by the same principles
as property of public dominion of the same character
2. Properties for public use may not be leased to private individuals
3. If a plaza is illegally leased to private individuals, the lease is VOID and any building
on said plaza built by the lessee may be DEMOLISHED.
4. Properties used by a municipal corporation in the exercise of its governmental
powers cannot be attached or levied upon
5. National properties may not be registered by a municipality under its name
6. The towns patrimonial property is administered, at least insofar as liability to third
persons is concerned, in the same way as property of a private corporation
2.
Atty. Robles
Possession
In the concept of an owner
In the concept of a holder
May be the owner himself or one who claims Acknowledges in another a superior right
to be so
which he believes to be ownership, whether
his belief be right or wrong
OWNERSHIP
Accion Reivindicatoria
This is an action against ownership, and action against a person with title
over the property
4.
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Accion Publiciana
This is for the recovery of the better right to possess
The issue here is not possession de facto, but possession de jure
3.
Forcible entry
The possessor had no consent from the
beginning
Unlawful detainer
This is applicable when the possessor was once allowed by the owner to
retain the property, but the right to possess has terminated, and yet
possessor refuses to vacate the property
Unlawful detainer
The possessor once had the permission to
possess theproperty
2.
Atty. Robles
Art. 433
This article refers to states of necessity wherein a person may have to interfere with
anothers property in order to avoid or avert impending danger or injury
The owner is entitled to demand for indemnities from the person who may have
benefited or avoided the impending danger
The owner of a thing cannot make use thereof in such manner as to injure the rights
of a third person. (n)
Art. 431
Every owner may enclose or fence his land or tenements by means of walls, ditches,
live or dead hedges, or by any other means without detriment to servitudes
constituted thereon.
Article 430
The owner or lawful possessor has the right to exclude any person from the
enjoyment and disposal of the thing
The owner has the right under the law to counter force with force
It is necessary to identify the thing claimed as the object of the claimants right of
dominion. It is also necessary that the boundaries must be proved
Property rights, except the rights of occupation, are not affected by the
condemnation proceedings until the title has passed to the petitioner, and that
does not occur not until the award of compensation for damages has been
satisfied
Jus compensation means a fair and full equivalent for the loss sustained
Market value is the price which it will bring where it is offered for the sale by
one who desires, but is not obliged to sell it, and is bought by one who is under
no necessity of having it. It is the value of the land in the locality.
Eminent domain refers to the right, expropriation refers to the procedure
Doctrine of reasonable necessity absolute necessity for public use is not
required
Expropriation required for private use or extraordinary expropriation is allowed
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The owner of a piece of land is the owner of its surface and anything under it he
can construct any works but subject to servitude and easements, special laws, and
ordinances, reasonable requirements of aerial navigation, principles on human
relations
A valid exercise of police power which may be done in the interest health, safety,
or security, and to justify the destruction or abatement, by summary proceedings,
of whatever may be regarded as a public nuisance.
The owner shall not be entitled to compensation unless he can show that the
condemnation or seizure is unjustified
Atty. Robles
ACCESSION
If found on the property of another, and by chance, person who found it is entitled to
finders fee, but if he is a trespasser, he is not entitled to anything
If the treasure found be of interest to science or arts, the state may acquire them for
just price
It is necessary that the owner is unknown
The person who first brings to view the hidden treasure, even in part, is the finder,
although he may not take material possession thereof.
Right to fruits
1. Natural fruits refer to the spontaneous products of the soil where human labor
does not intervene, as well as the young and other products of animals
2. Industrial fruits refer to fruits produced by lands of any kind through cultivation
or labor
3. Civil fruits refer to rents of perpetual or life annuities or other similar income
Art. 441-444
Accession
Accession, according to Art. 440, is not a mode of acquiring ownership, since it is
implicitly included in ownership
The right to accession is automatic
Accession is the right of a property owner to everything which is produced by his
property. It also includes the right to everything which is attached thereto, either
naturally or artificially
Tolentino defines accession as the right by virtue of which the owner of a thing
becomes the owner of everything that it may produce or which may be inseparable
united or incorporated, either naturally or artificially.
2.
accession natural
i.
alluvium
ii. avulsion
iii. change of course of rivers
iv. formation of islands
b.
c.
b.
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Instances when the owner of land does not own the fruits
1. The land is in possession of a possessor in good faith, since he owns the fruits
already received (Art. 544)
2. In cases of usufruct (Art. 566)
Atty. Robles
Accession industrial
With respect to immovable property (accession industrial), accession continua is
governed by the general rule that whatever is built, planted, or sown on the land of
another and the improvements thereon, belong to the owner (Art. 445) This principle
is applicable if the owner of the land is known.
Its exception is that if the owner is married and the improvements are made on the
separate property of the spouse using the conjugal funds, the improvements shall
belong to the conjugal partnership.
With respect to Art. 446, the presumption is that all works, sowing, and planting are
made by the owner. The exception to this rule is when the improvements are
constructed on a separate property of one spouse, then construction is presumed to
be conjugal.
General Rule
the landowner becomes the
owner of the materials, but
he must pay the owner of
the materials for their value
by reimbursement.
The landowner becomes the
owner of the materials, but
he must pay for their value
and DAMAGES
Exception
The owner of the materials
decides to remove them
without causing destruction
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Situation
When the landowner and
the owner of materials ARE
BOTH IN GOOD FAITH
Art. 447 Rule when landowner and owner of materials are different persons
Atty. Robles
Exception
When
the
land
is
considerably higher than the
value of what was built, then
the builder cannot be
compelled to buy the land.
In this case, the rent should
be paid by the builder upon
terms agreed upon by the
parties or in case of
disagreement, the court
shall fix the terms.
When the builder decides to
remove them whether or
not destruction would be
caused since he has the
absolute right of removal
Profs lecture
General Rule
The landowner has a choice
either to:
1. appropriate
for
himself what was
built
after
payment
of
indemnity
2. Oblige the builder
to pay the price of
the land
Situation
When the builder is in GOOD
FAITH
Art. 448-454: Rule when landowner and builder are different persons
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Art. 455-456: Rule when there are three parties (landowner, builder, and owner of
materials)
Under the third situation, the rights of the landowner and builder remain
unaffected and established by the rules
A person can be in good faith and be negligent at the same time. In this case,
damages will arise based on Art. 2176 .
Atty. Robles
ALL PARTIES
If in Good faith
He
is
entitled
to
reimbursement from the
builder since it was the
builder who first made use
of the materials.
Accretions are natural incidents to land bounding upon a water course and are not
affected by registration laws
Riparian Owner
One whose land is bounded by a natural stream, or through whose land it flows,
and riparian rights are those which he has to the use of the water of the stream
The Civil Code grants the riparian owner the benefits of alluvium upon compliance
with the essential requisites
If in Bad faith
He loses the right to be
indemnified. He can even be
liable for consequential
damage if the materials are
of an inferior quality
Parties involved
Owner of materials
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The land acquired by accretion will not become automatically registered under the
Torrens system if such accretion took place on a registered land
Therefore the benefit of accretion may be lost to third persons by prescription if
the riparian owner does not register the said alluvial deposits
The riparian owner has the right to make any beneficial use to himself on the
riparian land
However, if the use involves a consumption of water, he may not use more than
this reasonable share as compared with other riparian owners, and that he must
not pollute the water to the injury of others entitled to it, and that the water he
does not consume must be returned to the stream before it passes his land
Avulsion
Refers to a sudden deposit
Avulsion is identifiable
Owner of the land from which a part is
detached by avulsion retains ownership of
such part
Alluvium
Involves a gradual deposit of soil
The soil in alluvium cannot be identified
The owner of the land in alluvium owns the
accretion
Accretion: Requisites
1. That the deposit be gradual and imperceptible
2. That it be made through the effects of the current of the water
3. That the land where accretion takes place is adjacent to the banks of the river
Concept of Alluvium
In alluvium, the riparian owner does not have to make an express act of possession
The alluvium belongs to him from the moment the deposit becomes manifest
It should be noted that the gradual alluvial deposits must be due to the natural
current of the river
Hence, deposits caused by human intervention are excluded
Atty. Robles
Once the river bed has been abandoned, the owners of the invaded land
automatically (as in the case of alluvium) acquire ownership over the abandoned
bed to the extent provided for in this article
Therefore, no formal act of ownership is necessary and any occupant of such
abandoned bed will be considered as a trespasser
Art. 461-462
Note than when a river changing its course by natural causes opens a new bed, as
well as the new river bank, through a private estate this bed shall become public
dominion based on Art. 462
Requisites
1. change must be sudden in order that the old river may be identified
2. changing course must be more or less permanent
3. change of river bed must be due to natural causes
4. there must be definite abandonment by the government
5. river must continue to exist and not completely dry up
Avulsion
In avulsion, the portions of land must be such that it can be identified as coming
from a definite tenement.
When the known portion taken by the current of the waters from one tenement is
left in the middle of the stream, not united to any other tenement, the owner
preserves his right of ownership over said portion. It will be governed by Art. 463.
Delayed accession
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The islands referred to in this article belong to the patrimonial property of the state.
A navigable river is one which in its natural state affords a channel for useful
commerce and not such as is only sufficient to float a banca or a canoe
Art. 464
This article refers to all rivers, whether navigable or floatable or not. The owner
does not lose his ownership simply because of an inundation which ahs converted
his land into an island.
Art. 463
Profs lecture
Note that the consolidation referred to in Article 461 (second sentence) was not
included in the above-quoted provision of the Water Code. It is said, however, that
consolidation in Art. 461 is applicable
Atty. Robles
Art. 469
In painting and sculpture, writings, printed matter, engraving, and lithographs, the
board, metal stone, canvas, paper, or parchment shall be deemed the accessory
thing
Situation
If the one who has acted in bad faith is the
owner of the principal thing
Effect
The owner of the accessory thing shall
have the right to choose between the
former paying him the value or that the
Art. 470
In case the thing united for the use, embellishment or perfection of the other, is
much more precious than the principal thing, the owner of the former may demand
its separation, even though the thing to which it has been incorporated may suffer
some injury
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Article 468-469 therefore provides the following rules to determine the principal (in order
of preference)
1. That to which the other has been united as on ornament or for its use or perfection
2. That of greater value
3. That of greater volume
4. That which has greater merits (from the combined consideration of utility and
volume)
Adjunction
Process by virtue of which two movable things belonging to different owners are
united in such a way that they form a single object
An example of adjunction is when a person varnishes his chair using another
persons varnish
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If the owner of the principal is in bad faith, the owner of the accessory has the
option to demand payment for the value of the accessory or separation, even
though the principal thing might be destroyed.
If the owner of the accessory is in bad faith, he shall lose the thing and shall be
liable to pay damages according to Art. 470.
In cases where one person is in bad faith and the innocent party has the right to
indemnity, the innocent party may choose to be indemnified in the following
manner:
1. Delivery of a thing equal in kind and value (quantity, quality)
2. Payment of price as appraised by experts. Sentimental value should also
be considered as stated in Art. 475
Confusion
Liquids are combined
Kinds of mixture
Art. 474
Commixtion
Mixture
Combination of the union of materials where the respective identities of the
component elements are lost
Adjunction
Involves at least two things
Mixture
At least two things
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Specification
May involve only 1 thing (may
be more) but form is changed
The option of appropriation is not available if the value of the resultant work is
more valuable due to artistic or scientific reasons
Specification
The process of giving a new form to anothers material through the application of
labor.
General rule, labor is considered the principal object and the material used in
considered the accessory
If the making is more precious than the transformed thing or is of more value, its
owner may, at his option, appropriate the new thing to himself, after first paying
indemnity for the value of the work or demand indemnity for the material
If in the making of the thing bad faith intervened, the owner of the material shall
have the right to appropriate the work to himself without paying anything to the
maker, or to demand of the latter that he indemnify him for the value of the
material and damages he may have suffered
If the owner of the material cannot appropriate the work in case the value of the
latter, for artistic or scientific reasons, is considerably more than that of the
material
Atty. Robles
CO-OWNERSHIP
Co-ownership
Characteristics of Co-ownership:
1) More than one subject or co-owner
2) One physical whole divided into ideal shares or undivided shares
3) Each ideal share is definite in amount BUT not physically segregated from the rest
4) Each co-owner must respect each other in the common use, enjoyment, or
preservation of the physical whole
o Interests of others must not be disregarded
Profs lecture:
Plurality of subjects
More than one person owns the thing
Recognition that somebody else has the same right over the same thing
Art. 484.
*Co-ownership ownership of an undivided thing or right belongs to different persons
- governing laws: contracts, special provision, co-ownership
CO-OWNERSHIP
Ideal division of physical whole
each being the owner of his
equivalent share
Each co-owner may dispose of his
ideal/undivided share (EVEN W/O
CONSENT of others)
HEIRS of deceased co-owners
ACQUIRE respective share
Minority of co-owner cant be
used by others as a defense
against prescription
CO-OWNERSHIP
Partnership
Only created thru agreement of
parties
Purpose: profit
Joint tenancy
There is physical whole BUT NO
IDEAL SHARE
all of them own the whole
Each may NOT dispose of their
share without consent of the rest
Share of deceased joint owner goes
to OTHER CO-OWNERS thru
accretion
Minority benefits others against
whom prescription will run
By operation of law
Contract
Succession or will (property left undivided amongst several heirs)
Fortuitous events (commixtion and confusion caused by accident or chance,
discovery of hidden treasures)
Occupancy
Quasi-contracts (negotiorium gestio/ solution indebiti)
Each co-owner holds almost absolute control over his ideal share
No juridical personality
Co-owners is in a sense a trustee of co-owners
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Profs lecture:
CC: true owner of the property saved or taken cared of by the gestor shall be liable for the
expenses of the gestor
o Until paid/ compensated, the gestor will have a lien on the property
5)
6)
Sources:
1)
2)
3)
4)
5)
6)
7)
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Art. 485
Share of co-owners, in benefits and charges, shall be proportional to their
respective shares.
o Any contrary stipulation VOID
Portions belonging to co-owners presumed equal
o Unless contrary proved
Until paid, co-ownership arises permitting the gestor to use the property
while in his possession
co-owner may only use the thing for the purpose for which it is intended
no prejudice to the interests of the co-ownership
other co-owners must not be prevented from making use of thing accdg to their
own rights
Profs lecture:
Alteration act of changing the nature or use of the thing co-owned
unanimous vote for major alterations
o or majority vote
o in case of non-consenting co-owner
option to sell
1)
2)
3)
Profs lecture:
Reimbursable expenses: for preservation of the property, redound to the benefit of
all
2)
1)
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Profs lecture:
Other co-owners right to use the property co-owned should not be impaired by
ones use
o If impaired, then indemnity for the loss or impairment of the enjoyment
of the property should be had
Atty. Robles
Co-owner may advance necessary expenses even if the rest opposes because the
negligence of others should not prejudice him
May advance funds then recover from others later
Failure to give notice does not deprive advancing co-owner the right to recover the
others proportionate shares in the expenses
o Effect: co-owner who effected repairs must show the necessity of repairs
and reasonableness of expenses
Art. 489.
*Repairs for preservation may be made at the will of one of the co-owners
If practicable: must first notify his co-owners for such repairs
*Improvement or embellishment expenses
decided by majority (Art. 492)
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Alteration
o when co-owner changes the thing from the state in which the others
believe it should remain, or withdraws it from use to which they desire it
to be intended
o Change, more or less permanent
o Changes the uses of thing, and which prejudices the condition of the
thing or its enjoyment by the others
o unanimity of all co-owners needed! (express/ implied consent)
Condos
Owners are individual and separate owners of the separate units
Areas in building that benefit all are under co-ownership of the different unit
owners (partly co-owned and partly individual type of ownership)
Atty. Robles
Court intervention:
o If no real majority/ resolution prejudicial to rights of individual co-owner
court may appoint an administrator
o May be called by minority to act when
o
o
Refers only to acts of administration and for better enjoyment of the thing owned
in common
Acts of administration:
o Only enjoyment and preservation of the thing
o Transitory effects
o Alteration which does not affect the substance or form of thing shared in
common
o May be renewed from time to time
o Not give rise to real right over a thing
o Usually for common benefit of all co-owners
4)
3)
2)
1)
Art. 494.
No co-owner shall be obliged to remain in the co-ownership
o Each co-owner may demand at any time the partition of the thing owned
in common, insofar as his share is concerned
1) Agreement to keep the thing undivided for a certain period of time (not
exceeding 10 years)
2) Donor or testator prohibits partition (not exceeding 20 years)
3) Prohibited by law
No individual co-owner can claim any definite portion of the thing shared in
common
o Until partition
Co-owner can: alienate, assign, or mortgage only his ideal share in the whole thing
o Full-ownership only on that undivided share
Sale of entire property by co-owner: valid only insofar as his share is concerned
o Unless other consented to the sale
o Only transfers rights of co-owner-vendor to buyer, making buyer coowner of property
Limitation:
o co-owner cannot alienate purely personal rights
o co-owner cannot make a disposition for the purpose of giving the thing
different use from that agreed upon or derived from nature of the thing
Co-owner:
o Has full ownership of his pro-indiviso share
o Has right to alienate, assign or mortgage it, and substitute another
person in its enjoyment
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*Prescription shall not run in favor of co-owner or co-heir against his co-owners or co-heirs as
long as:
he expressly or impliedly RECOGNIZES the co-ownership
E:
GR:
Art. 493.
*Each co-owner shall have full ownership of his part + its fruits & its benefits
o may alienate, assign, mortgage it
o substitute another person in its enjoyment
Atty. Robles
Requisites:
1) That he has performed unequivocal acts of repudiation
amounting to an ouster of cestui que trust / other coowners
2) That such positive acts of repudiation has been made
known to other co-owners
3) The evidence must be clear and convincing
PARTITION CANT BE ASKED WHEN:
1) Co-owners agreed to continue the co-ownership for the period permitted by
law
2) Co-ownership is imposed as a condition in a donation or a will
3) From the nature of the community it cannot legally be divided (party walls,
conjugal partnership)
4) Partition or division will render the thing unserviceable for the use or purpose
for which it is intended (Art. 495)
Art. 498: thing be sold and proceeds be divided proportionately among co-owners
Partition division of real or personal property among co-owners, so that they may enjoy
and posses the thing severally
Agreement may be in writing or orally
Art. 496.
*Partition may be made by: 1) agreement between parties 2) judicial proceedings (ROC)
includes all creditors who became such DURING EXISTENCE of the co-ownership
contemplated assignees:
o transferee of the part of interest to co-owner
o only have personal rights against the assignor, w/ no right of ownership
over interest assigned
creditors and assignees should be given notice of partition (since they have been
given right to participate in the partition)
Page 20 of 46
Art. 498. When common thing or right SOLD and proceeds distributed
*1) whenever a thing is essentially indivisible
2) and co-owners cant agree that it be allotted to one of them who shall indemnify others
Art. 497.
GR: Creditors and assignees of the co-owners may take part in the division of the thing owned
in common and the object being effected w/o their concurrence.
E: Cant impugn any partition already executed
EE: 1) unless fraud or 2) in a case it was made (st. formal opposition presented to prevent it)
w/o prejudice to the right of debtor or assignor to maintain its validity
1)
2)
Atty. Robles
rd
6)
1)
2)
3)
4)
5)
3 persons wrt partition all those who do not intervene in the partition
Page 21 of 46
P.D. No. 1067 (Dec 31, 1976) Water Code of the Philippines (WC) & New CC on Waters
Water Code now governs ownership, appropriation, utilization, exploitation,
development, conservation & protection of water resources, subject to provisions
of the Consitution
(Art. 100 of Water Code) Water Code repealed provisions of
o Spanish Law of Waters
o Civil Code
o Other laws relating to waters
Which are inconsistent w/ the provisions of the decree
Provisions of New CC on waters are impliedly repealed insofar as there are
provisions in conflict
o Act as suppletory character
o Art 52 WC: establishment, extent, form & conditions of water not
expressly determined by the provisions of this Code shall be governed by
the provisions of the CC
WATERS
Atty. Robles
All Proprietary Rights wrt Water Adhere to the Owner of the Private Lands where these
Waters are Found
Art 7 & 8: owners of private lands will have control over the waters in their
property, even though these waters are of public dominion, once
o they have collected them
o & so long as such waters are being beneficially used for the purposes for
which water was appropriated
Syracuse v. Stacey: Water, when reduced to possession, is property and may be
bought & sold & have market value, if such water is in actual possession & subject
to the appropriators control & mgt
o Running water in natural streams, not yet being appropriated, is not
property in strictest sense; it still belongs to the State
Note:
Page 22 of 46
subject to the servitude of the public, nor regarded as public highways by waters
because they are not susceptible of use as a common passage for the public.
Atty. Robles
that the new use does not unduly prejudice the rights of other
permittees, or
Procedural
File application w/ Natl Water Resources Council (NWRC)
NWRC must take the application known to public for any protests
NWRC will decide & determine whether or not to grant or to deny application
Requisites
Qualifications of the Applicant (also apply to juridical persons whenever appropriate)
1) citizen of the Philippines
2) of legal age
3) must be qualified by law to exploit & develop water resources
Exceptions provided by the Water Code (cases where water permit not necessary)
with regard to the control, protection, conservation & regulation of appropriation
& use of waters
o eg. Appropriation by means of hand carried receptacles
o eg. Bathing, washing, watering, or dipping of domestic farm animals &
navigation of watercrafts of transportation of logs & other objects by
floatation
***
WATER RIGHT
GR: Water right is needed by a person, including government instrumentalities or GOCCs, to
be able to appropriate water
it is a privilege grant by the govt to appropriate & use water
evidenced by a water permit
E: otherwise provided in the Water Code
Page 23 of 46
Suspension
GR: water permits shall continue to be valid as long as water is beneficially used
Contents
specify max amount of water w/c may be diverted or withdrawn
max rate diversion or withdrawal
time or times during the year when water may be used
NWCC can add further requirements it deems desirable
Base its decision taking into account the relevant factors (not exclusive)
Availability of water
Land-use economics
Only after requisites are satisfied will the application for water permit would be
granted
Upon approval, water permit shall be issued & recorded
Atty. Robles
Revocation
only after due notice & hearing on grounds of
o non-use
o gross violation of conditions imposed in the permit
o unauthorized sale of water
o willful failure ore refusal to comply w/ rules & regulations of any lawful
order
o pollution, public nuisance, or acts detrimental to public health & safety
o when appropriator is found to be disqualified under the law to exploit &
develop natural resources of the Philippines
o when, in case of irrigation, land is converted to non-agricultural purposes
o other similar grounds
E:
Page 24 of 46
Note:
-
Presumption as to Priorities
GR: Priority in time of appropriation shall give the better right as regards 2 or more
appropriation.
Use of water for domestic & municipal purposes shall have better right over all
other uses
Atty. Robles
Underscores the underlying principle of WC: all waters belong to the State, and
thus, these waters should be used in accordance w/ the greatest benefit & the least
detriment that this utilization will create on the State
Utilization of waters shall be coordinated, protected, & regulated so that superior
rights would not infringe on inferior ones
***
Liabilities
Water rights in permit is not permitted
o Subject to modifications & reductions
take the property from another, for an alleged public use without any
compensation being made to riparian owners.
Crawford v. Hathaway: A riparians right to use of the flow of the stream passing
thru or by his land is a right inseparably annexed to the soil not as an easement or
appurtenance, but as a part and parcel of the land. Such right being a property
right, is entitled to protection in the same way as private property rights.
Page 25 of 46
The Use of Water Should Cause No Damage, or the Least Damage, to Another
*Utilization of water should not, as far as practicable, cause damage or detriment to another
5.
Atty. Robles
May also prohibit the cultivation of river beds, sand bars and tidal flats
CHAPTER VI CONSERVATION & PROTECTION OF WATERS & WATERSHEDS & RELATED LAND
RESOURCES
Water pollution the impairment of the quality of water beyond a certain standard
o standard may vary according to the use of the water as set by the Natl
Pollution Control Commission
GR: cultivation of river beds, sand bars and tidal flats are prohibited by the WC
E: in instances where a permit is acquired from the Secretary of Public Works, Transpo &
Comm.
In granting permit, Secretary must bear in mind his duties & permit must be issued
if it will not obstruct water flow or increase flod levels
Permit needed in case of change in river/ stream course and owner of an affected
land should want to return the river or stream
o If granted, work must commence within 2 years from the change in
course
Permits required in storage of water of a stream in a reservoir & to be able to drill a
well
Page 26 of 46
Atty. Robles
shall provide a continuing program for data collection, research & manpower
development need for appropriation, utilization, exploitation, conservation, and
protection of the water resources of the country
authorized to impose & collect reasonable fees or charges of water resources for
development from water appropriators
o E: for purely domestic purpose
Authorized to enter upon private lands
o Done only w/ previous notice to the owner
o for the purpose of conducting surveys, & hydrologic investigations, & to
perform such other acts necessary in carrying out their functions
including the power to exercise the right of eminent domain
Quasi-Judicial Powers
has authority to investigate & decide cases in its jurisdiction
its or its duly authorized representatives powers range from administering oath to
compelling attendance of witnesses
can issue subpoenas & subpoena duces tecum
o non-compliance to such issuances would be punished inn the same
manner as indirect of an inferior court
Approval of Projects
programs or projects which involve the appropriation, utilization, exploitation,
development, control, conservation, or protection of water resources must be
approved first by Council before executed
exemption from approval is Councils discretion
public consultation may be undertaken before certain water resources
development projects can be implemented
For approval of hydraulic structures plan & specifications al
o still subject to review by the govt agency whose functions cover the type
of project for which structure is intended
o recommendation submitted to Council for final decision on approval
o approval whether the plans conform based on requirements of WC &
rules & regulations promulgated by the Council
o even if approved, engineers & constructors who planned & built the
structures are not exempt from liability for damages arising from failure
of plan or structures due to defect in plan construction
Page 27 of 46
RIPARIAN OWNERS
Scope of Jurisdiction
original jurisdiction over disputes involving appropriation, utilization, exploitation,
development, control, conservation & protection of waters within the meaning &
context of the provisions of the WC
Councils decision immediately executor
o May only be suspended upon filing of a bond, amount of which fixed by
Council, in order to answer for the damages occasioned by the
suspension or stay of execution
o Decide within 60 days after matter is submitted by the parties for
decision or resolution
o (In execution of decision) can issue writs of execution & have assistance
of local or natl police agencies
o Appealable to CFI of province where the subject matter of controversy is
situated
Atty. Robles
*In effect, the title is in a CONCEPT OF A USUFRUCT. Owner can build dams or any structure
but if state determines such is an obstruction then the state may require its removal and
forbid the use of the river bed.
Riparian owner enjoys right to use the submerged land and right to its fruits but
does not have the absolute right of disposal.
*Title over the submerged land is not full and complete as State has greater power of control
to the navigable stream.
Riparian LAND
A.k.a Fast land, Upland.
Land bounded by or fronting a navigable stream
It is such raised ground or soil beside a river that is apparent to the naked eye.
Title is: ABSOLUTE, FULL or COMPLETE, riparian owner has absolute disposal
o Title is technical or qualified because it is subordinate to the public right
of navigation.
o Owner has protection against third parties but not to the absolute power
of the Congress over the improvement of navigable waters.
o
Include:
o Submerged land: bed of the river opposite its upland
Sturr v. Beck
Riparian proprietor of land bordering upon a running stream to the benefit derived
from the flow of its waters is a natural incident to, or one of the elements of his
estate, and that it cannot be lawfully diverted against his consent.
Riparian owner obtains right and title to soil formed by accretions, exclusively.
o No need for him to perform acts of possession before he be considered
the soil deposits owner. Ownership is vested AUTOMATICALLY.
REQUISITES of Accretion:
1. The deposit is gradual and imperceptible
2. Results from the effects of the current of water, and
3. Land where accretion takes place is adjacent to the riverbank.
ALLUVIUM
Accretion is gradual
Page 28 of 46
AVULSION
Accretion is identifiable at once.
4.
Yates v. Milwaukee:
The right of the riparian owner over the submerged land is at all times subordinate
to the public right of navigation. However, the riparian owner is not left without
any remedy as he is entitled to just compensation.
Atty. Robles
3.
Owners bear the expense if they want to revert the river to its former course. The
law allows this but permission from the proper government agency must first be
obtained.
Remedy to two or more owners affected by the new course of the river:
o Old bed shall belong to them in PROPORTION to the area lost by them
Why the old bed is not granted to the adjoining riparian owner?
o Code commission says that the purpose of the law is to COMPENSATE for
the LOSS of the land occupied by the new bed.
o More equitable to compensate the actual losers than to add to those
who lost nothing.
WATER CODE: ART. 10. Appropriation of water for the following purposes:
Difference of water code and civil code provision: Water code specifically states
that the owners of the affected lands cannot compel the governmen to reinstate
the river to its former bed.
4.
1.
2.
3.
Same mandate with ART. 461 of CIVIL CODE: river beds which are abandoned
through the natural change in the course of the waters IPSO FACTO belong to the
owners whose lands are occupied by the new course in proportion to the area lost.
Page 29 of 46
Franchise or concession of the water right must be obtained first before the use of
water in Art.10 is allowed.
o Power generation approval by the Congress must first be obtained.
o Irrigation procedures set forth by the Irrigation law must first be
complied with.
Riparian owner must not prejudice the rights of other riparian owners and the
public in general.
o He has rights to the use of the river to the extent beneficial to him and
his riparian land for any legitimate purpose.
Domestic
Municipal
Irrigation
Power generation
Fisheries
Livestock Raising
Industrial
Recreational, and
Other purposes
1.
2.
3.
4.
5.
6.
7.
8.
9.
Atty. Robles
Non-navigable rivers naturally unfit for public use and neither flows nor
reflow with the tide
b.
TYPES of river:
1. Public River
a. Navigable rivers in its natural state, affords a channel for useful
commerce and not such as is only sufficient to float a banca or canoe.
i. REQUISITES:
1. Waterway is susceptible for transportation of people
and goods
2. Usable in customary modes of trade and travel on
water
3. Water must be navigable in their natural and ordinary
condition
4. Water flows and re-flows with the tide.
Definition: a large natural stream of water emptying into an ocean, lake or other body of
water and usually fed along its course by converging tributaries.
Phil. SC broadened the definition to include the river banks and bed.
RIVERS
Brought about by the successive accumulation of alluvial deposits in nonnavigable and non-floatable rivers
POSSESSION
Page 30 of 46
Profs Lecture:
Possession a relation of power and control effective of a person over a thing
Independent of ownership
One does not have to be an owner to acquire possession of a property
2.
-
Atty. Robles
ART. 524.
*Possession may be exercised:
1) in ones own name 2) in that of another
- not necessary that the owner/ holder of the thing exercise personally the rights of
possession which may be exercised thru an agent
Profs Lecture:
To be a possessor in legal sense
There ought to be a THING coupled with intent to POSSESS
o W/o thing, there is nothing to possess
o Material occupation or mere holding not enough necessary for intent to
possess as ones own
Page 31 of 46
ART. 526.
*Possessor in GF: not aware that there exists in his title or mode of acquisition any flaw which
invalidates it
*Possessor in BF: possesses anyway even if aware of such flaw
*May be a basis of GF: mistake upon a doubtful or difficult question
2)
Atty. Robles
Acquisition of Possession
ART. 530. *Object of possession: only things and rights susceptible of appropriation
Susceptible of prescription: all thins w/in the commerce of man
o There are more things w/c can be object of possession than can be object
of prescription
o Not all things that can be appropriated can be object of prescription
One who is unaware that there exists a flaw w/c invalidates his acquisition of the
thing
o GF: possessors belief that the person from whom he received a thing
was the owner of the same thing & could convey his title
Possessor in BF:
One in possession of property knowing that his title is defective
o Only personal knowledge in one title or mode of acquisition can make
him a possessor in BF
o BF is not transmissible from 1 person to another even to heirs
Page 32 of 46
ART. 532.
*Possession may be acquired by:
1) The same person who is to enjoy it
2) His legal representative
3) Any person w/o any power whatever
o In this case, possession shall not be considered as acquired until the
person in whose name the act of possession was executed has ratified the
same
3)
2)
tradition brevi manu exists when a person who possessed property not
as an owner, now possesses it as an owner
By subjection to our will w/c includes:
o Traditio longa manu delivery by consent or mere pointing
o Traditio simbolica effected by delivering some object or symbol placing
the thing under the control of the transferee
By constructive possession or proper acts and legal formalities
Atty. Robles
ART. 536. *Possession may not be acquired thru force or intimidation as long as there is a
possessor who objects thereto
Incapacitated insane, lunatic, no capacity to act (deaf-mutes who cannot read & write,
spendthrifts, those under civil interdiction)
ART. 535. *Minors & incapacitated persons may acquire possession of things
But they need assistance of legal rep in order to exercise the rights which from the
possession arise in their favor
ART. 534. *One who succeeds by hereditary title shall not suffer the consequences of
wrongful possession of the decedent
If heir is not aware of the flaws affecting it
But effects of possession in GF shall benefit successor only from the date of death of
the decedent
ART. 533.
*Presumption: possession of hereditary property deemed transmitted to heir
- w/o interruption &
- from the moment of death of decedent
- in case inheritance is accepted
one who validly renounces an inheritance is deemed to
never to have possessed the same
If dates of possession are the same/ both possess at the same time
the one who presents (or has) title
Page 33 of 46
*GR: Possession as a fact cant be recognized at the same time in 2 different personalities
E:
co-possession
possession in different concepts or different degrees
Atty. Robles
Profs lecture:
By force not necessarily mean harm or physical force
act of entering the property and excluding the person therefrom from entering the
property
Profs lecture:
If possession of the one who forcibly entered exceeds 10 days, the injunction
would no longer be available
o Possession has already stabilized
o Remedy: Rule 70 Forcible Entry or Unlawful Detainer
Purpose of preliminary mandatory injunction: hasten the process of ejecting the
person who forcibly entered into the property, but no prohibition or bar for using
Rule 70
Rule 70
o can only be used from 1 day to 1 year from forcible entry
o after the period, remedy is: accion publiciana or reinvindicatoria
court would not accept petition for preliminary mandatory injunction without
certification from Katarungan Pambarangay that the parties went thru mediation
Page 34 of 46
GR: One who holds merely in trust cannot become the owner thru prescription
E: if there is repudiation of trust
Profs lecture:
*One must know of no flaw in his title.
ART. 540. *Only possession acquired and enjoyed IN CONCEPT OF AN OWNER can serve as
title for acquiring dominion.
Note:
-
Atty. Robles
w/c he is not
obliged to prove
Art 541
possession would
only give rise to
legal presumption
that one has just
title
Art 1131
For purposes of
prescription, title
must be proved
Kinds of Titles
1) True and Valid Title (Titulo Verdadero y Valido) title w/c by itself is sufficient to
transfer ownership w/o necessity of lapse of prescriptive period
2) Colorable title (Titulo Colorado) title where a mode of transferring ownership, still
something is wrong, bec. grantor is not the owner
Profs Lecture:
Art 433
Actual possession under
claim of ownership raises
disputable presumption of
ownership. The true owner
must resort to judicial
process for the recovery of
the property.
Possession gives
rise
to
the
presumption
of
ownership
*Legal Presumption: Possessor in concept of owner possesses with a just title and he cannot
be obliged to prove it
Refers to all kinds of possession (in concept of owner or not, in GF or BF, or in ones
own name or in anothers)
But refers only to possession of things, not to rights
Page 35 of 46
3)
2)
The fruits received are generally used for the consumption & the livelihood of the
possessor, & his life & expenses may have been regulated in view of such fruits
The owner has been negligent in not discovering or contesting the possession of
the possessor
Between the owner, who has abandoned his property and left it unproductive, and
the possessor, who has contributed to the social wealth by the fruits he has
produced, the law favors the latter
1)
ART. 544.
*Possessor in GF is entitled to the fruits received BEFORE possession is legally interrupted
*Natural & industrial fruits considered received from the time they are gathered or severed
*Civil fruits- deemed to accrue daily and belong to the possessor in GF in that proportion
ART. 543.
*Each one of the participants of a thing possessed in common
deemed to have exclusively possessed the part w/c may be allotted to him upon
division thereof, for the entire period during w/c the co-possession lasted
*Interruption in the possession in common
shall be to the prejudice of all possessors
E: in civil interruption ROC applies
3)
Atty. Robles
GR: If useful improvement can be removed w/o injury to the principal thing, possessor in GF
may remove it, instead of asking for reimbursement for expenses incurred
*Possessor in GF
ART. 547.
Atty. Robles
*Possessor in BF
- no right to remove the useful improvements
Page 36 of 46
If in GF:
- gathered or severed or harvested fruits are his
own
-pending and ungathered fruits are pro-rated
between possessor & owner of the expenses,
net harvest, charges
If in BF:
-return the value of the fruits already received &
value of fruits w/c owner or legitimate
possessor could have received w/ due care &
diligence, MINUS necessary expenses for
cultivation, gathering and harvesting, to prevent
owner from being unjustly enriched
- no rights at all over pending or ungathered
fruits
E: owner of the principal chooses to keep the improvement by paying the expenses incurred
or increase in value
Fruits
*should possessor refuse to accept, he shall lose right to be indemnified in any other manner
*owner of thing may give the possessor in GF right to finish the cultivation & net proceeds
ART. 546. 548. 549
Necessary expenses
Useful expenses
Luxury/ ornamental expenses
Gastos necessario those w/o which the Gastos Utiles those that add value to the -Add value to the thing only for certain
thing would physically deteriorate or be lost
property or increase the objects determinate persons wrt their whims
-Made in preservation of the thing
productivity, or useful for the satisfaction -Neither essential for preservation nor useful to
-Imposed by existence of the thing & have of spiritual & religious yearnings
everybody in general
no relation to the desire/ purpose of the
possessor
-Reimbursed whatever the juridical character
of the person who advanced them
In sum: Rights of Possessor in concept of an owner
If in GF:
If in GF:
If in GF:
-entitled to refund
-right to reimbursements
-no right of refund or retention
-to retain the premises until paid
-with right of retention until paid
-can remove if no substantial injury caused
- right of removal provided no substantial
-owner has option to allow the possessor to
damage or injury caused to principal
remove or retain for himself the ornament by
refunding the amount spent
If in BF:
If in BF:
If in BF:
-entitled to refund
-not entitled to any right regarding useful
-no right to refund or retention
-w/o any right of retention
expenses
-can remove if no substantial injury caused
-owner option to allow the possessor to remove or
retain for himself the ornament by refunding the
value at the time the owner enters into possession
ART. 553.
ART. 552.
GR: Possessor in GF not liable for deterioration or loss of the thing possessed
E: when proved that he has acted w/ fraudulent intent or negligence, after the judicial
summons
every possessor
GF or BF
In concept of owner or in concept of holder
In ones own name or un another
Necessary expenses are not considered improvements; if object for which they
were incurred no longer exists at the time of entry upon possession, the lawful
possessor or owner has to pay for them
Page 37 of 46
Control juridical control or right, or that the thing remains in ones patrimony
*One who recovers possession shall not be obliged to pay for improvements which ceased to
exist @ the time he takes possession of the thing.
Atty. Robles
Owner cannot recover (even if offer reimbursement) (w/n owner had lost or been unlawfully
deprived):
1) If possessor acquired property in GF by purchase from merchants store, or in friars
or markets in accordance w/ the Code of Commerce & special laws
2) If owner by his acts, silence or negligence is estoped
Note:
If owner had lost property or been unlawfully deprived of it
Owner may recover w/o reimbursement from possessor in BF and in GF
ART. 559.
GR:*Possession of movable property acquired in GF = title
*Nevertheless, one who lost any movable or has been lawfully deprived thereof, may
recover from the person in possession
E: Possessor of movable lost or w/c the owner has been unlawfully deprived has acquired it in
GF at a public sale
owner cannot obtain its return w/o reimbursing the price paid therefor
ART. 558
GR: Acts relating to possession, executed or agreed to by one who possesses a thing
belonging to another as a mere holder to enjoy or keep it
do not bind or prejudice the owner
E: owner gives to holder express authority to do such acts, or ratifies them subsequently
ART. 557. POSSESSION OF IMMOVABLES (REAL PROP) & OF REAL RIGHT (easement/ usufruct)
GR: Not deemed lost, or transferred for the purposes of prescription to the
rd
prejudice of 3 persons
E: as provided in Mortgage Law and Land Registration Laws
If possessor had obtained goods because he was an innocent purchaser for value &
holder of a negotiable document of title to the goods
USUFRUCT
Page 38 of 46
ART. 561.
One who recovers, accdg to law, possession unjustly lost
Deemed (for all purposes) w/c may redound to his benefit, to have enjoyed it w/o
interruption
3 Characteristics:
1) Wild naturally independent of man
2) Domesticated or tamed accustomed to & recognizes authority of man
o Become wild again if they recover natural freedom; no longer w/in the
sight & control of man
3) Domestic or tame born & reared under control & care of man
o Considered personal property
o Dont become res nullius
E: abandoned by owner
3)
Atty. Robles
Includes:
o JUS UTENDI = use of the object
o JUS FRUENDI = use of the fruits
TOTAL
SIMPLE
PARTIAL
MULTIPLE
Simultaneous (multiple usufructuaries can
As to the thing
As to the usufructuaries
All properties including the rights can be the object of usufruct so long as the rights have
individual existence.
-Consumable things = usufruct here can upon the value, quality or quantity.
PURE
Page 39 of 46
Governing RULES:
1. Stipulation of the Parties
2. In case of deficiency of (1.), applicable Civil Code provisions
3. In gratuitous usufruct = Laws on Donations
4. In inter vivos usufruct = Usufructuary is not liable for debts of the grantor
As to the TERM
Atty. Robles
Lease made by the Usufructuary to another should terminate at the end of the
usufruct or earlier, except in leases of rural lands.
On Rural Lands = usufruct ends earlier that the lease, the lease continues for the
remainder of the agricultural year.
ART. 570. USUFRUCT constituted on the right to receive RENT OR PERIODICAL PENSION
Payment due shall be considered as the proceeds or fruits of such right, whether in:
1. money or
2. in fruits, or
IMPERFECT Usufruct
Things thatll be useless if Usufructuary
Page 40 of 46
PERFECT Usufruct
Things are used and enjoyed without
Usufruct is terminated:
1. by mortgage placed upon the property prior to the creation of the usufruct.
2. By expropriation of the property in usufruct.
Usufruct is not affected in case of sale or mortgage of the property involved in such by the
owner.
Usufructuary is responsible for the abuse that the 3 party involved in the contracts entered
into because such contracts does not affect the relationship of the owner and the
usufructuary.
rd
Atty. Robles: Accessory follows the Principal. Since the Usufructuary has the rights to enjoy
the principal things, then s/he can also do so with the accessories.
Atty. Robles
The Right to remove the improvements can only be enforced against the owner but
not to third parties, purchaser, in good faith to whom a clean title has been issued.
o
o (Generally) is not reimbursed by the owner for the improvements made
though the owner also benefits from such.
Usufructuary:
o
can make useful improvements or expenses for mere pleasure so long as
he does NOT ALTER the FORM and SUBSTANCE.
o
is not entitled for indemnity if he performs such improvements
o Should remove the improvements made if the removal does not cause
damage to the property.
Usufructuary cannot be compelled by the owner to remove the improvements if
the Usufructuary does not wish to do so.
Page 41 of 46
ART. 580. SETTING OFF THE IMPROVEMENTS (compensation of values and not of rights)
When there was an improvement made and a damage done to the usufruct by the
Usufructuary, the damage can be set off by the improvement.
If damage exceeds the value of the improvement = Usufructuary pays the
difference.
If the improvement (if can be removed without damage to the property) is greater
than the damage = the difference must be settled depending on the agreement of
the parties
If the improvement (removed with damage to the property) = excess in value
accrues to the owner of the land.
Atty. Robles
ART. 585. NO NEED OF INVENTORY or SECURITY when NO ONE WILL BE INJURED thereby.
ART. 584. EXCEPTION to 583 (2). Obligations in such provision shall not apply to:
1. the donor who reserved the usufruct (no need of security since gratuitous)
2. Parents who are usufructuaries of their childrens property
nd
a. EXCEPTION to the EXCEPTION: when parent/s contract 2 marriage
*upon compliance with Art. 583, only then can the Usufructuary can enjoy and possess the
property.
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Usufructuary cannot alienate his right or lease to the property because such is
contrary to his oath that he needs the dwelling or implements and furniture.
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The owner can demand delivery of the borrowed properties or things upon his
giving a security for the payment of the legal interest on their appraised value
when he does not wish that the articles be sold due to the things artistic worth or
sentimental value.
This article grants a POTESTATIVE right to the owner of the property. Therefore the owner
may or may not exercise such right. Argentine code provides that failure to give notice of
inventory/security does not affect the rights of the Usufructuary to enjoy the property and its
fruits but he may still be required to make the inventory.
2.
3.
*not conditions for the commencement but for the enjoyment of the property. Thus, despite
inability to fulfill the said obligations, usufruct still exists but without right to enjoy the fruits
and possession of the property.
1.
STERILE ANIMALS
PART
HERD in
perished
OWNER
Extraordinary Repairs, 593-94
Taxes on Capital, 597
Responsibilities:
USUFRUCTUARY
Ordinary Repairs, 592
Annual Charges& Taxes during
usufruct, 596
Debts during the usufruct, 598
Liabilities in suit concerning
YOUNG dies
ART. 589. USUFRUCTUARY must exercise the DILIGENCE OF A GOOD FATHER of a family.
ART. 588. EFFECT of GIVING SECURITY IS RETROACTIVE since the time when he should have
begun to receive them.
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ART. 594. OWNER can demand the return of the thing from the Usufructuary to accomplish
the extraordinary repairs.
o If Usufructuary shoulders such, he shall be entitled to indemnity
usufruct, 602
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ART. 599. MATURED CREDITS (forms part of the usufruct) claimed by the Usufructuary
Can be claimed by him if he has given the proper security.
o Security is needed to preserve the integrity if the capital in usufruct.
o Owner or COURT (if owner is in default) authorization is needed to collect
such credits when:
ART. 598. DEBT on the USUFRUCT (usufruct is on an entire lot/property of the owner)
Usufructuary pays the debts as it were present at the time of the usufructs
constitution.
Usufruct also is liable to make periodical payments regarding such debts of the
owner.
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2 view: Supreme Court says usufruct is in favor of a natural person thus the usufruct is only
good for the lifetime of the Usufructuary.
nd
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rd
Get interest upon the sum equivalent to the value of the land
and of the materials.
rd
ART. 606.
GEN.RULE: USUFRUCT expiring before a third person attains a certain age will subsist during
such period and will continue to subsist even if said person dies before the period expires.
ART. 604. If thing in usufruct is lost in part, the rights shall continue to exists as to the
remaining parts.
PERIOD OF THE USUFRUCT: shall be counted excluding the delay in the enjoyment not
imputable to the fault or negligence of the Usufructuary. Otherwise, the count would be
against the Usufructuary.
3 view: Tolentino says that usufruct subsists when there is a clear stipulation that such
would continue even after the usufructuarys death. Without this stipulation, the usufruct is
necessarily extinguished.
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ART. 611. Usufruct extinguished until the death of the last survivor (when usufruct is
constituted in favor of several usufructuaries living at the time of its constitution)
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