Académique Documents
Professionnel Documents
Culture Documents
I. DEFINITION OF PROPERTY
PROPERTY
1.
Is an economic concept, meaning a mass of things useful to human activity and which are necessary to
life, for which reason they may be organized and distributed in one way or another, but, always for the
good of the main.
In order that a thing may be considered as property:
o Utility capacity to satisfy human wants
o Individuality or Substantivity - an autonomous or separate existence; materials composing a
thing are not thing in themselves.
o Appropriability or susceptibility to appropriation
OVERVIEW
A.
Theory and Origins of Property
Locke, J Second treatise of government. Available from http://www.gutenberg.org/files/7370/7370-h/7370-h.htm
B.
Regalian Doctrine
Separate Opinion of J. Puno in Cruz v. Secretary 347 SCRA 128 (2000)
C.
Native Title/Ancestral domain
Lynch, O 1982 Native title, private right and tribal land law: an introductory survey, 57 Philippine L.J. 268-306
(1982)
http://plj.upd.edu.ph/native-title-private-right-and-tribal-land-law-an-introduction-survey/
Page 2 of 49
Art 415, Par 1 Lands, buildings, roads and constructions of all kinds adhered to the soil.
Art 415, Par 8
b.
By Incorporation
415,
415,
415,
415,
Par
Par
Par
Par
d.
By Destination
4
5
6
9
By Analogy
i.
ii.
iii.
iv.
v.
vi.
Criminal Law
Form of contracts involving movables or immovables
Prescription
Venue/Jurisdiction
Taxation
Double Sales under Art 1544
Art 1544
vii. Preference of Credits
viii. Causes of Action to Recover
3.
Point of
REAL RIGHTS
PERSONAL RIGHTS
Page 3 of 49
comparison
Definition
Elements
Also known as
Number of
persons involved
in the juridical
relation
Object of the
juridical relation
By the manner in
which the will of
the active
subject affects
the thing related
o it
By the causes of
creating the
juridical relation
By the methods
of
extinguishment
of the juridical
relation
By the nature of
the actions
arising from
them
Jus in re
Active subject 1
Passive subject - the rest of the world without
individual determination
Generally a corporeal thing
Generally affects the thing directly
By title alone
B. Classification by Ownership
1.
Res Nullius
2.
Public Dominion
cf. Patrimonial Property of State
Page 4 of 49
Art 419
Art 420
Art 421
Art 422
Art 424
Heirs of Malabanan v. Republic, G.R. No. 179987 Sept. 3, 2013 (en banc)
Heirs of Malabanan v. Republic, 587 SCRA 172
Republic v. East Silverlane Realty, 666 SCRA 401
Laurel v. Garcia, 187 SCRA 797 (1990)
Chavez v. Public Estates Authority, 384 SCRA 152 (2002)
Buenaventura v. Republic 517 SCRA 271 (2007)
Cebu Oxygen v. Bercilles, 66 SCRA 481 (1975)
Tantoco v. Municipal Council, 49 Phil. 52 (1926)
Government v Cabangis, 53 Phil. 112 (1929)
MIAA v City of Pasay, April 2, 2009, G.R. No. 163072 (2009)
MIAA v CA, et al., July 20, 2006, G.R. No. 155650 (2006)
Victoria v Republic, G.R. No. 179673, June 8, 2011
Zamboanga Del Norte v City of Zamboanga, G.R. No. L-24440, June 30, 1969
a.
Property of State
Art 420
Art 421
Art 422
i.
ii.
iii.
Private Property
a.
b.
c.
Page 5 of 49
4.
Property
Property
Property
Property
C. Other Classifications
1.
2.
3.
4.
5.
By reason of designation
a. Generic
b. Specific
6.
7.
8.
Susceptibility to appropriation
a. Non-appropriable
b. Appropriable
i. Already appropriated
ii. Not yet appropriated
9.
Susceptibility to commerce
a. Within the commerce of man
b. Outside the commerce of man
Page 6 of 49
II. OWNERSHIP
A. Definition
OWNERSHIP
J. B. L. Reyes: It is independent right of exclusive enjoyment and control of a thing for the purpose of
deriving therefrom all the advantages required by the:
o Reasonable needs of the owner (or holder of the right) and
o Promotion of the general welfare
But subject to the restrictions imposed by:
o Law
o Rights of others
Scialoja: It is a relation in private law by virtue of which is a thing (or property right) pertaining to one
person is completely subjected to his will in everything not prohibited by public law or the concurrence
with the rights of another
A.
CO-OWNERSHIP (Art. 484-501)
Dailisan v CA, 560 SCRA 351(2008)
Cruz v Catapang, 544 SCRA 512(2008)
Pardell v Bartolome, 23 Phil 450 (1912)
Plasabas v CA, 582 SCRA 686 (2009)
Republic v Heirs, 549 SCRA 58 (2008)
Metrobank v Pascual, 547 SCRA 246 (2008)
Monteroso v CA, 533 SCRA 66 (2008)
Quimpo v Abad, 545 SCRA 174 (2008)
Baloloy v. Hular
Adlawan v. Adlawan
Carangdang v. Heirs of de Guzman
De Guia v. CA 413 SCRA 114 (2003)
Cruz v. Leis 327 SCRA 570 (2000)
definition
Jus Fruendi
definition
Jus Abutendi
definition
Jus Disponendi
Page 7 of 49
definition
Jus Vindicandi
definition
C. Other Specific Rights found in the Civil Code
1.
2.
3.
4.
5.
Right to accession
Art 440
6.
Immovable property
1) Accion reivindicatoria
2) Accion publiciana
Quinagoran v. CA 531 SCRA 104 (2007)
Madrid v Mapoy, 596 SCRA 14 (2009)
Padilla v Velasco, et al, 576 SCRA 219 (2009)
3) Forcible entry
4) Unlawful detainer
Movable property
1) Replevin
Prove his right of ownership rely on the strength of his evidence not on the weakness
of defendant
General Limitation
Page 8 of 49
a.
b.
c.
Police power
Taxation
Eminent domain
2.
Specific Limitation
3.
431
432
2191
670
677
678
679
649
652
637
676
644
684
685
686
687
US v CAUSBY ( )
LUNOD v MENESES ( )
a.
b.
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Tolentino: Right by virtue of which the owner of a thing becomes the owner of everything that the thing
may produce or which may be inseparably united or incorporated thereto, either naturally or
principally.
2.
3.
Whatever is built, planted or sown on the land of another and the improvements or repairs
made thereon, belongs to the owner of the land, subject to the provisions of the following
articles.
Art 445
b.
All works, sowing and planting are presumed made by owner and at his expense, unless the
contrary is proved.
Art 446
c.
Accessory incorporated to principal such that it cannot be separated without injury to work
constructed or destruction to plantings, construction or works.
Art 447
d.
Bad faith involves liability for damages and other dire consequences.
e.
Ownership of fruits To owner of principal thing belongs the NATURAL, INDUSTRIAL and CIVIL
fruits
Page 10 of 49
Art 441
EXCEPTIONS:
i. Possession in good faith
ii. In usufruct
iii. In lease
iv. In antichresis
C. Obligations of Receiver of Fruits to Pay Expenses by 3rd person in production, gathering and
preservation
Art 443
D. Kinds of Accession
1. Accession Discreta (Fruits)
Art 440
a.
b.
c.
Natural
Industrial
Civil
BACHRACH v SEIFERT ( )
BACHRACH v TALISAY ( )
2. Accession Continua
Over Immovables
1. Artificial or Industrial Building, Planting, Sowing
a.
b.
In good faith
In bad faith
BPS builds, plants or sows on anothers land using his own material (LO and BPS-MM)
Art 448 The
Art 449 The
Art 450 The
Art 451 The
Art 452 The
Art 453 The
Art 454 The
i.
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ii.
BP may refuse if value of land considerably more than BP; then forced lease by LO and
BP
BPS in bad faith
c.
BPS builds, plants or sows on anothers land with materials owned by 3 rd persons
Art 455 The
N.B.: Good faith does not exclude negligence
Art 456 The
BERNARDO v BATACLAN ( )
IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( )
DEPRA v DUMLAO ( )
TECHNOGAS PHIL v CA ( )
ORTIZ v KAYANAN ( )
GEMINIANO v CA ( )
PLEASANTVILLE DEVT CORP v CA ( )
FELICES v IRIOLA ( )
SPOUSES NUGUID v CA (1993)
SPOUSES NUGUID v CA (2005)
2. Natural (Accession Continua Natural)
a.
Alluvium
Art 457 The
REPUBLIC v CA ( )
GRANDE v CA ( )
MENESES ( )
b.
NAVARRO ( )
c.
BAES v CA ( )
BINALAY v MANALO
d.
Formation of Islands
Art 461 The
Art 462 The
Art 463 The
Art 464 The
Art 465 The
See PD 1067, Water Code
3. Reverse Accession
Art 120, FC The
Art 321, CC The
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Over Movables
1. Conjunction and Adjunction
a.
Inclusion or Engraftment
b.
Soldadura or Soldering
i.
Plumbatura different metals
ii.
Ferruminatio same metal
c.
Tejido or Weaving
d.
Escritura or Writing
e.
Pintura or Painting
2. Commixtion and Confusion
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If plaintiff is not in possession: prescribes within period of filing accion publiciana, accion
reivindicatoria
OLVIGA v CA (1993)
PINGOL v CA (1993)
Bank of Commerce v. Sps. Prudencio San Pablo Jr., 522 SCRA 713 (2007)
Robles vs. Court of Appeals, 328 SCRA 97(2000)
Evangelista vs. Santiago, 457 SCRA 744(2005)
Republic vs. Mangotara, 624 SCRA 360 (2010)
Chung, Jr. vs. Mondragon, 686 SCRA 112(2012)
Villanueva v. Chiong 554 SCRA 197
C. Who are Entitled to Bring Action?
Rule 64, Sec. 1, Par 2, Rules of Court The
D. Notes
1.
2.
3.
Instrument record claim, etc must be valid and binding on its face, but in truth and in fact, invalid,
ineffective, voidable or unenforceable.
4.
TITONG v CA (1998)
5.
Page 14 of 49
V. CO-OWNERSHIP
A. Definition
CO-OWNERSHIP
The right of common dominion which two or more persons have a spiritual part (or ideal portion) or a
thing which is not physically divided.
B. Characteristics of co-ownership
1.
2.
3.
4.
PARDELL v BARTOLOME ( )
C. Differences between Co-ownership and Joint Tenancy
Co-ownership
Joint Tenancy
Law
i.
Cohabitation
Art 147, FC
Art 148, FC
Art 90
ii.
Purchase
Art 1452
iii.
Succession
Intestate: Art 1452
Testate: Property is given to 2 or more heirs
iv.
Donation
Art 753
Art 573, 2nd Par
v.
Chance
Art 472
Hidden treasure
Art 348
vii.
Partnership
Page 15 of 49
viii.
Occupation
Condominium Law
Sec 6 (c), RA 4726
Contracts
a.
By agreement
Duration of co-ownership: Art 494
b.
Universal partnership
Art 1778
Art 1779
Art 1780
c.
F.
1.
To use the thing according to the purpose intended may be altered by agreement, express or implied,
provided:
a. It is without injury or prejudice to interest of co-ownership and;
b. Without preventing the use of other co-owners
Art 486
PARDELL v BARTOLOME ( )
2.
To share in the benefits in proportion to his interest, provided the charges are borne by each in the same
proportion
Art 485
3.
RESUENA v CA (2005)
ACABAL v ACABAL (2005)
4.
5.
Co-owners option not to contribute by waiving his undivided interest equal to amount of
contribution dacion en pago
Exception: if waiver is prejudicial to co-ownership
Requisites before repairs for preservation may be made or expenses for embellishment or
improvement may be made
Art 489
Effects of failure to notify co-owners
Page 16 of 49
a.
Concept
Any change injurious to the thing owned in common or to the rights of other co-owners or
Any change material to the use, destination or state of thing which act is in violation of the
express or tacit agreement of the co-owners
b.
c.
Acts of Administration
LAVADIA v COSME ()
MELENCIO v DY TIAO LAY ()
TUASON v TUASON ()
7.
MARIANO v CA ()
VERDAD v CA ()
8.
RAMIREZ v RAMIREZ ()
AGUILAR v CA (1993)
VDA DE APE v CA (2005)
9.
HALILI v CA (1998)
FRANCISCO v BOISER (2000)
G. Implications of co-owners right over his ideal share
1.
2.
Page 17 of 49
EXCEPT that creditors cannot ask for rescission even if not notified in the absence of fraud
Art 497
CARVAJAL v CA ()
PAMPLONA v MORETO ()
CASTRO v ATIENZA ()
ESTOQUE v PAJIMULA ()
DIVERSIFIED CREDIT v ROSADO ()
PNB v CA ()
H. Rules on co-ownership not applicable to conjugal partnership of gains or absolute community
of property
I.
1.
Concept of Condominium
2.
3.
Extinguishment of co-ownership
1.
2.
3.
Acquisitive prescription
a.
b.
By a third person
By one co-owner as against the other co-owners
Partition or division
a.
ii.
iii.
iv.
v.
When partition would render the thing unserviceable (but the thing may be sold and co-owners
divide the proceeds)
Art 494
Page 18 of 49
b.
Effect of partition
Art 1091
Art 543
Art 1092
Art 1093
Art 499
Art 500
Art 501
c.
d.
Page 19 of 49
VI. POSSESSION
A. Definition and Concept
POSSESSION
Is the holding of a thing OR the enjoyment of a right, whether by material occupation or by the fact
that the thing or the right is subjected to the action of our will
It is a real right independent of and apart from ownership i.e. the right of possession (jus possessionis)
as distinguished from the right to possess (jus possidendi)
Mere holding or possession without title whatsoever and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land
2.
This degree of possession will never ripen into full ownership as long as there is no repudiation
of concept under which property is held.
3.
Possession with a just title or title sufficient to transfer ownership, but not from the true owner
E.g. possession of a vendee from vendor who pretends to be the owner
4.
The delivery of possession transfers ownership, and strictly speaking, is the jus possidendi.
D. Cases of Possession
1.
Possession for oneself or possession exercised in ones own name and possession in the name of
another
Art 524
2.
Possession in the concept of an owner and possession in the concept of a mere holder with the
ownership belonging to another
Art 525
3.
Page 20 of 49
PLEASANTVILLE DEVT CORP v CA ( )
a.
1.
Res Communes
2.
3.
G. Acquisition of Possession
1.
b.
c.
Includes traditio longa manu and tradition simbolica, donations, succession (testate or
intestate), contracts, judicial writs of possession, writ of execution of judgments, execution and
registration of public instruments
By same person
ELEMENTS OF PERSONAL ACQUISITION
b.
c.
By his agent
d.
By any person without any power whatsoever but subject to ratification, without prejudice to the
proper case of negotiorum gestio
Art 2144
Art 4129
Art 2150
Page 21 of 49
e.
3.
c.
CUAYCONG v BENEDICTO ()
ASTUDILLO v PHHC ()
PERAN v CFI ()
4.
H. Effects of Possession
1.
In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has right to be protected in or restored to said possession
Art 539
a.
i.
YU v HONRADO ( )
ii.
iii.
iv.
b.
2.
Page 22 of 49
3.
4.
Possession of movable acquired in good faith (in concept of owner) is equivalent to title
Art 559
I.
1.
Possession may by lapse of time ripen into full ownership, subject to certain exceptions.
2.
3.
Possessor may bring all actions necessary to protect his possession except accion reivindicatoria
4.
5.
Possessor may ask for inscription of such real right of possession in the Registry of Property
6.
Has rights to fruits and reimbursements for expenses (assuming he is a possessor in good faith)
7.
Upon recovery of possession which he has been unlawfully deprived, may demand fruits and damages
8.
Generally, he can do on the things possessed everything that the law authorizes the owner to do until he is
ousted by the one who has a better right
9.
J.
1.
2.
Of continuity of initial good faith in which possession was commenced or possession in good faith does
not lose his character except in the case and from the moment possessor became aware or is not unaware
of improper or wrongful possession
Art 528
CORDERO v CABRAL ( )
3.
Of enjoyment of possession in the same character in which possession was acquired until contrary is
proved
Art 529
4.
Page 23 of 49
5.
Of continuous possession or non-interruption of possession of which he was wrongfully deprived for all
purposes favorable to him
Art 561
6.
Abandonment
Assignment, either onerous or gratuitous
Destruction or total loss of thing or it goes out of commerce
Possession by another; if possession has lasted longer than one year; real right of possession not lost until
after 10 years
Page 24 of 49
VII. USUFRUCT
A. Concept
Art 562
USUFRUCT
Is a real right, temporary in character that authorizes the holder to enjoy all the advantages derived
from a normal exploitation of anothers property, according to its destination or purpose, and imposes
an obligation of restoring at the time specified, either the thing itself or its equivalent.
Pascual v. Angeles, 4 Phil 604 (1905)
Bachrach v. Seifer, 97 Phil 483
Hemedes V. CA, 316 SCRA 347 (1999)
B. Historical Considerations
C. Characteristics of Usufruct
D. Usufruct Distinguished from Lease; from Servitude
Usufruct
Lease
Usufruct
Servitude
E. Classes of Usufruct
1.
By origin
a.
b.
c.
2.
3.
Simple
Multiple
i.
Simultaneous
ii.
Succession
Limitation on successive usufruct
Art 756
Art 863
Art 869
By object of usufruct
a.
b.
4.
Voluntary
Legal
Art 321
Art 226, FC
Mixed
Rights
Art 574
Things
i.
Normal
ii.
Abnormal, irregular or quasi-usufruct
As to the fruits
i. Total
Page 25 of 49
ii.
Partial
Art 598
b.
As to object
i. Singular
ii. Universal
Art 595
Subject to provisions of:
Art 758
Art 759
5.
F.
Pure
Conditional
With a term (period)
Rights of Usufructuary
Right to possess and enjoy the thing itself, its fruits and accessions
Civil fruits
Art 569
Art 588
b.
Limitations
Liability of usufructuary
Art 590
FABIE v DAVID ()
c.
2.
Page 26 of 49
1.
2.
H. Obligations of Usufructuary
v. Rizal, 67 Phil 608 (1939)
Gaboya v Cui, 38 SCRA 85 (1971)
1.
To make inventory
Art 583
i.
REQUISITES OF INVENTORY
1) Immovables described
2) Movables appraised
ii.
b.
2.
ii.
iii.
b.
c.
Page 27 of 49
2) Naked owner obliged to undertake them but when made by owner, usufructuary pays legal
interest on the amount while usufruct lasts
Art 594, 1st Par
3) Naked owner cannot be compelled to undertake extraordinary repairs
BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v SAMAR MINING COMPANY INC ()
3.
e.
f.
g.
To deliver the thing in usufruct to the owner in the condition in which he has received it, after
undertaking ordinary repairs
EXCEPTION: abnormal usufruct
I.
1.
2.
3.
4.
5.
6.
7.
8.
9.
J.
Extinguishment of Usufruct
Art 603
Page 28 of 49
Palad v. Navarro, 46 SCRA 354 (1972)
1.
Death of usufructuary
EXCEPTION: unless a contrary intention clearly appeals
2.
Expiration of period or fulfillment of resolutory condition imposed on usufruct by person constituting the
usufruct
Time may elapse before a third person attains a certain age, even if the latter dies before period
expires unless granted only in consideration of his existence
Art 606
BALURAN v NAVARRO ()
NHA v CA ()
BULACAN GARDEN CORP v MANILA SEEDLING BANK ()
3.
4.
Renunciation of usufruct
a. Limitations
b. Must be express
c. If made in fraud of creditors, waiver may be rescinded by them through action under Art 1381
5.
b.
2.
3.
6.
7.
Prescription
Cases covered:
a. If third party acquires ownership of thing or property in usufruct
Page 29 of 49
b.
c.
d.
8.
b.
c.
Page 30 of 49
Is a real right which burdens a thing with a prestation consisting of determinate servitudes for the
exclusive enjoyment of a person who is not its owner or of a tenement belonging to another,
Is the real right over an immovable by nature i.e. land and buildings, by virtue of which the owner of
the same has to abstain from doing or to allow somebody else to do something in his property for the
benefit of another thing or person.
It is a real right, i.e. it gives an action in rem or real action against any possessor of servient estate.
2.
It is a right enjoyed over another property (jus in re aliena or a right in the property of another) i.e. it
cannot exist in ones own property (nemini nulli res sua servit or no one can have servitude on a property
of his own).
3.
It is a right constituted over an immovable by nature (land and buildings), not over immovables.
4.
It limits the servient owners right of ownership for the benefit of the dominant estate Right of limited
use, but no right to possess servient estate. Being an abnormal limitation of ownership, it cannot be
presumed.
5.
6.
It cannot consists in requiring the owner of the servient estate to do an act (servitus in faciendo consistere
nequit or servitudes may not impose positive acts) unless the act is accessory to a praedial servitude
(obligation propter rem)
7.
Generally, it may consist in the owner of the dominant estate demanding that the owner of the servient
estate refrain from doing something (servitus in non faciendo), or that the latter permit that
something be done over the servient property (servitus in patendo), but not in the right to demand that
the owner of the servient estate to do something (servitus in faciendo) EXCEPT if such act is an
accessory obligation to a praedial servitude (obligation propter rem)
9.
It is intransmissible, i.e. it cannot be alienated separately from the tenement affected, or benefited.
10. It is indivisible.
Art 616
11. It has permanence, i.e. once it attaches, whether used or not, it continues and may be used anytime.
C. Classification of Servitudes
1.
As to recipient of benefits
a.
b.
Real or Praedial
Personal
N.B.: Under Roman Law, usufruct together with usus habitatio, and operae servorum were classified as
personal servitude]
Page 31 of 49
Art 614
2.
As to course or origin
a.
b.
3.
As to its exercise
Art 615
a.
b.
4.
Continuous
Discontinuous
5.
Legal, whether for public use or for the interest of private persons
Art 634
Voluntary
Apparent
Non-apparent
Positive
Negative
No one can have a servitude over his own property (nulli res sua servit)
A servitude cannot consist in doing (servitus in faciendo consistere nequit)
There cannot be a servitude over another servitude (servitus servitudes esse non potest)
A servitude must be exercised civiliter, i.e. in a way least burdensome to the owner of the land.
A servitude must have a perpetual cause.
By title
Juridical act which give rise to the servitude e.g. law, donations, contracts or wills
If easement has been acquired but no proof of existence of easement available, and easement is one
that cannot be acquired by prescription, then
i.
May be cured by deed of recognition by owner of servient estate
ii.
By final judgment
iii.
Existence of an apparent sign considered a title
Art 624
AMOR v FLORENTINO ()
2.
By prescription
RONQUILLO v ROCO ()
F.
Dominant Estate
1.
Page 32 of 49
a.
b.
c.
DE LUNA v ENCARNACION ()
2.
To use the easement for benefit of immovable and in the manner originally established
Art 626
To notify owner of servient estate before making repairs and to make repairs in a manner least
inconvenient to servient estate
Art 627
Not to alter easement or render it more burdensome
Art 627
To contribute to expenses of works necessary for use and preservation of servitude, if there are
several dominant estates, unless he renounces his interest
Art 628
Servient Estate
3.
4.
b.
b.
Merger in the same person of the ownership of the dominant and servient estates
2.
3.
4.
Page 33 of 49
5.
6.
7.
H. Legal Easements
Privatization vsLegaspi Towers, 593 SCRA 382 (2009)
Velasco v Cusi, 105 SCRA 616 (1981)
Valisno v Adriano, 161 SCRA 398 (1988)
La Vista v CA, 278 SCRA 498 (1997)
Valderrama v North Negros Sugar, 48 Phil 482 (1925)
Goldcrest v Cypress GR No. 171072, April 7, 2009 Fabie v Lichauco, 11 Phil. 15 (1908)
1.
2.
b.
Page 34 of 49
5) Drawing waters and watering animals
Art 640
Art 641
6) Stop lock or sluice gate
Art 649
b) The easement of right of way
Art
Art
Art
Art
Art
Art
Art
Art
Art
649
650
651
652
653
654
655
656
657
QUIMEN v CA (1996)
CHAN v CA ()
LA VISTA ASSN v CA (1997)
VDA. DE BELTAZAr v CA ()
SPS. DELA CRUZ v RAMISCAL (2005)
Valdez v Tabisula, 560 SCRA 332 (2008)
St. Michael School v MasaitoDevt., 547 SCRA 263 (2008)
Quintanilla v Abangan, 544 SCRA 494 (2008)
Obra v SpsBadua, 529 SCRA 621 (2007)
c)
Art
Art
Art
Art
Art
Art
Art
Art
Art
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
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f)
Art
Art
Art
Art
Art
677
678
679
680
681
684
685
686
687
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MODE
The specific cause which produces dominion and other real rights as a result of the co-existence of
special status of things, capacity and intention of persons and fulfillment of requisites of law
Proximate cause
TITLE
Every juridical right which gives a means to the acquisition of real rights but which in itself is
insufficient
Remote cause
Which produce the acquisition of ownership independent of any pre-existing right of another person,
hence, free from any burdens or encumbrances
a.
b.
Occupation
Intellectual creation
DERIVATIVE MODES
Based on a right previously held by another person and therefore, subject to the same characteristics,
powers, burden etc as when held by previous owner
Law - e.g.
o Registration under Act 496
o Estoppel of title
Art 1434
o Marriage under ACP
o Hidden treasure
o Accession
Art 445
o Change in rivers course
Art 461
o Accession continua over movables
Art 466
Art 6681
Art 1456
Art 120
a) Donation
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b) Succession
c) Involuntary Modes: Prescription and laches:
Page 38 of 49
Cutanda v. Cutanda, 335 SCRA 418 (2000)
Serespi v. CA, 331 SCRA 293 (2000)
Cimafranca v. IAC, 147 SCRA 611 (1987)
Casipit v. CA, 204 SCRA 684 (1991)
De Cabrera v. CA, 267 SCRA 339 (1997)
D.B.T. Mar-Bay Construction, Incorporated vs. Panes, 594 SCRA 578 (2009)
d) Tradition
REQUISITES:
(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
(3) Intention (of both grantor and grantee)
(4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically, symbolically or legally
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia rerum transferentur (Not by mere agreement, but
by delivery, is ownership transferred.)
KINDS OF TRADITION
a.
b.
Real tradition
Constructive tradition
i. Symbolical delivery
ii. Delivery of public instrument
iii. Traditio longamanu
iv. Traditio brevi manu
v. Traditio constitutum possessorium
vi. Quasi-tradition
vii. Tradition by operation of law
Occupation
a.
b.
c.
d.
e.
Hidden treasure
Art 718
Art 438
Art 439
f.
Lost movables
Art 719
Art 720
Procedure after finding lost movables
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Intellectual creation
Intellectual Property Code (RA 8293)
Intellectual Property Rights (IPR):
a. Copyright & related rights
b. Trademarks & service marks
c. Geographic indications
d. Industrial designs
e. Patents
f. Topographies of integrated circuits
g. Rights of performers, producers of sound recordings & broadcasting orgs
h. Protection of undisclosed information
i. Laws repealed by the IPC
Sec 239 All acts and part of acts inconsistent with Intellectual Property Code, particularly:
RA 166, as amended
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DONATION
Nature of donation
Kinds of donation
1.
2.
As to
a.
b.
c.
3.
As to effectivity or extinguishment
a. Pure
b. Conditional
Art 730
Art 731
EFFECT OF AN IMPOSSIBLE CONDITION:
c. With a term
4.
Importance of classification
a. As to form
b. As to governing rules
cause or consideration
Simple
Remuneratory
Onerous imposes a burden inferior to the value of property donated
i. Improper burden equal in value to property donated
ii. Sub-modo or modal E.g. imposes a prestation upon donee as to how property
donated will be applied
Art 882
iii. Mixed donations negotium mixtum cum donatione e.g. sale for price lower than value
of property
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c.
As to impossible conditions
Art 727
Art 1183
5.
6.
735
737
738
741
742
736
739
1027
1032
740
743
744
Acceptance of donation
1.
2.
Time of acceptance
a. of donation inter vivos
Art 746
b. of donation mortis causa
Form of donations
1.
Personal property
Art 748
2.
Real property
Art 749
3.
PROVIDED, he reserves in full ownership or usufruct, sufficient means for support of himself and all
relatives entitled to be supported by donor at the time of acceptance
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Art 750
b.
PROVIDED, that no person may give or receive, by way of donation, more than he may give or
receive by will
Art 752
Also, reserves property sufficient to pay donors debts contracted before donation, otherwise,
donation is in fraud of creditors
Art 759
Art 1387
2.
If donation exceeds the disposable or free portion of his estate, donation is inofficious
EXCEPTIONS
3.
a.
Donations provided for in marriage settlements between future spouses not more than 1/5
of present property
Art 84, FC
Art 130, CC
b.
Future property
Art 751 Anything which donor cannot dispose of at the time of donation
EXCEPTION
Marriage settlements of future spouses only in event of death to extent laid down in CC re:
testamentary succession
Art 84, FC
Art 130 CC
Effect of donation
A.
In general
2.
3.
Donor not obliged to warrant things donated, EXCEPT in onerous donations in which case donor is
liable for eviction up to the extent of burden
Art 754
4.
Donor is liable for eviction or hidden defects in case of bad faith on his part
Art 754
5.
In donations propter nuptias, donor must release property donated from mortgages and other
encumbrances, unless contrary has been stipulated
Art 131, CC
6.
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B. Special provisions
1.
2.
3.
4.
5.
Reservation by donor of power to dispose (in whole or in part) or to encumber property donated
Art 755
Donation of naked ownership to one donee and usufruct to another
Art 756
Conventional reversion in favor of donor or other person
Art 757
Payment of donors debt
Art 758
a. If expressly stipulated
o Donee to pay only debts contracted before the donation, UNLESS specified otherwise
o But in no case shall donee be responsible for debts exceeding the value of property donated,
UNLESS clearly intended
b. If there is no stipulation
o Donee answerable only for donors debt only in case of donation is in fraud of creditors
Illegal or impossible conditions
Art 727
Art 1183
Reduction
B. Causes of Reduction/Revocation
1.
2.
Inofficiousness of donation
Art 752
Art 771
Art 773
Art 911
Art 912
a.
b.
C. Revocation only
1.
Ingratitude
a.
Causes
Art 765
b.
c.
d.
Effect of revocation
On alienation and mortgages
Art 766
Art 767
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2.
Violation of condition
a.
Prescription of action
b.
Transmissibility of action
4.
Effect as to fruits
Art 768
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Page 46 of 49
LEASE
A. General characteristics of every lease
1.
2.
3.
Temporary duration
Onerous
Price is fixed according to contract duration
B. Kinds of leases
1.
2.
3.
Lease of services
a.
Household service
b.
c.
Page 47 of 49
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
Art
1740
1741
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757
1758
1759
1760
1761
1762
1763
C. Lease of things
1.
Concept
Art 1643
2.
3.
4.
5.
6.
Assignment of lease
Art 1649
7.
Sublease
Art 1650
a.
Page 48 of 49
b.
8.
9.
Obligations of a lessor
Art 1654
Art 1661
b.
Obligations of lessee
Art 1657
Art 1662
Art 1663
Art 1665
Art 1668
Art 1667
c.
d.
e.
Lessor not obliged to answer for mere act of trespass by a 3rd person
Art 1664
10. Right to ask for writ of preliminary mandatory injunction in unlawful detainer cases
Art 1674
Art 539, Par 2
11. Implied extension of lease
Art 1670
Art 1682
Art 1687
Art 1675
12. Right of purchase of leased land
Art 1676
Art 1677
13. Useful improvements in good faith made by lessee
Art 1678
14. Special provisions for leases of rural lands
Art 1680
Art 1681
Art 1682
Art 1683
Art 1684
Art 1685
15. Special provisions for leases of urban lands
Art 1686
Art 1687
Page 49 of 49
Art 1688
More SPECIAL LAWS
Mining Act: La Bugal-Blaan Tribal Assn. v. Ramos, 421 SCRA 150 (2004)
Condominium Law, RA 4762 as amended by RA 7899
PROPERTY RIGHTS under Rep. Act No. 8371: Indigenous Peoples Rights Act