Civil Law Property

AUG 9
Posted by Magz

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Title I PROPERTY
Classification (according to mobility):
Immovable real property
Movable personal property
Requisites:
Utility
Individuality/Substantivity
Susceptibility of appropriation
Real Rights
no passive subject claim against whole world
object is corporeal thing (obligation)
creates juridical relations through mode & title
extinguished through loss or destruction of thing
Personal Rights
Passive and active subject
Object is an intangible thing (specific thing)
Creates juridical relations through title
Not extinguished through loss or destruction of thing
Immovable property
By nature cannot be moved from place to place because of their nature

a) land, buildings & all kinds of constructions adhered to soil

b) mine, quarries
2.

By incorporation essentially movables but attached to an immovable that it becomes an

integral part of it
trees, plants & growing fruits adhered to soil
everything attached to an immovable that it will break if separated
statues, paintings if intended by owner to be integral part of immovable
animal houses if intended by owner to become permanently attached to immovable

3.

By destination movables but purpose is to partake of an integral part of an immovable

machinery placed by owner of the tenement & tend directly to meet the needs of such

4.

works/industry
fertilizers when applied to soil
docks & floating structures
By analogy/by law contracts for public works, servitude & other real rights over immovable
property


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Movable property
susceptible of appropriation that are not included in enumeration in immovable
immovable that are designated as movable by special provision of law
forces of nature brought under control by science
things w/c can be transported w/o impairment of real property where they are fixed
obligations which involve demandable sums (credits)
shares of stocks of agricultural, commercial & industrial entities although they may have real
estate
Classification of Movables

1.
2.

consumable cannot be utilized w/o being consumed

non-consumable
Classification of Property (according to ownership):

1.

Public dominion
intended for public use
intended for public service of state, provinces, cities & municipalities
Characteristics:
outside the commerce of men cannot be alienated or leased
cannot be acquired by private individual through prescription
not subject to attachment & execution
cannot be burdened by voluntary easement

2.

Private Ownership
patrimonial property of state, provinces, cities, municipalities

1.
2.

exist for attaining economic ends of state

property of public dominion when no longer intended for public use/service declared
patrimonial
property belonging to private persons individually or collectively

Title II OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL

Definitions of Ownership

Independent and general right of a person to control a thing particularly in his possession,

enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the
state or private persons, without prejudice to the provisions of the law.
Power of a person over a thing for purposes recognized by law & within the limits established

by law
Attributes:

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3.
4.
5.
6.

Jus possidendi right to possess

Jus utendi right to enjoy
Jus fruendi right to fruits
Jus abutendi right to use and abuse
Jus disponendi right to dispose
Jus vindicandi right to exclude others from possession of the thing

Actions for possession:

1. movable replevin (return of a movable)
2. immovable

forcible entry used by person deprived of possession through violence, intimidation (physical

possession, 1 year unlawful deprivation)

unlawful detainer used by lessor/person having legal right over property when lessee/person

withholding property refuses to surrender possession of property after expiration of lease/right

to hold property (physical possession, 1 year from unlawful deprivation)
accion publiciana plenary action to recover possession
accion reinvindicatoria recovery of dominion of property as owner

7.

Principle of self help self defense

Elements:

Person exercising rights is owner or lawful possessor

There is actual or threatened unlawful physical invasion of his property
Use force as may be reasonably necessary to repel or prevent it
Available only when possession has not yet been lost, if already lost resort to judicial process
May be exercised by 3rd person negotiorum gestio

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9.

Right to enclose or fence w/o detriment to servitude constituted

Right to surface & everything under it only as far as necessary for his practical interest (benefit
or enjoyment)
10. Right to hidden treasure found in own property

hidden and unknown movables w/c consist of money or precious objects

owner is unknown

by chance if property owner is state belongs to finder; also if in anothers property; the

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finder must not be trespasser

Limitation on Ownership

general limitations for the benefit of the state (eminent domain, police power, taxation)
specific limitations imposed by law (servitude, easements)
specific limitations imposed by party transmitting ownership (will, contract)
limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
inherent limitations arising from conflicts with other similar rights (contiguity of property)
owner cannot make use of a thing which shall injure/prejudice rights of 3 rd persons (neighbors)
acts in state of necessity law permits injury or destruction of things owned by another
provided this is necessary to avert a greater danger (with right to indemnity vs. principle of
unjust enrichment)
8.
true owner must resort to judicial process when thing is in possession of another; law creates
a disputable presumption of ownership to those in actual possession

identify property

show that he has better title

Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those which may be
incorporated or united thereto
1.
principle of justice
2.
accessory follows the principal

Accession continua accession to products of the thing

Rights of owners: natural, industrial & civil fruits

exception: possession in good faith by another, usufruct, lease, antichresis

1.

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2.
3.

Obligation of owners:
Immovables accretion
Alluvion owner of lands adjoining banks of river belongs the accretion gradually received from
effects of the waters current
Requisites:
deposit is gradual & imperceptible
made through effects of current of water
land where accretion takes place is adjacent to banks of river
Rights of riparian owner

Right to accretion ipso facto no need to make an express act of possession

2.

Avulsion transfer of a known portion of land from one tenement to another by force of
current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (prescription)
Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for
necessary expenses for gathering them & putting them in safe place

3. Change of river bed

Right of owner of land occupied by new river course

1.
2.

Right to old bed ipso facto in proportion to area lost

Owner of adjoining land to old bed shall have right to acquire the same by paying its value
value not to exceed the value of area occupied by new bed
3.
Formation of island in non-navigable river

owner of margin nearest to islands formed if nearest to it

owner of both margins if island is in the middle (divided into halves longitudinally)
4.

building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land; presumption is
owner made them at his expense
Exception: contrary is proven
Right of owner of material

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Right
Right
Right
Right

to be indemnified or paid of value of property by owner of land

to remove materials if he can do so w/o injury to work constructed if owner has not paid
to damages and demolition even if with injury to work if owner of land is in bad faith
of owner when another builds, plants or sows in his land: (OWNER & BUILDER BOTH IN

GOOD FAITH)
1.
Appropriate as his own after paying for indemnity
2.
Oblige the planter, builder to pay for price of land or rent, except when value of lands is
greater than thing built convert to rent

Right of Builder in good faith before payment of indemnity of owner in good faith
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2.
3.

Right
Right
Right
Right

to retain land & building

not to be compelled to pay for rent
of retention ceases when obliged to pay for value of and if he fails to do so
of owner in good faith when builder is in bad faith

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4.

Right to appropriate what has been built w/o paying indemnity

Order demolition of building
Compel the builder to pay for price of land or rent
Right to damages
Right of builder in bad faith when owner is in good faith

Right to be reimbursed for necessary expenses for preservation of land

Right of Builder in good faith when owner is in bad faith

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2.
3.

Right to indemnity for value of building

Right to damages
Right to demolish w/o payment of indemnity
Bad faith on both builder & owner in pari delicto (no cause of action vs. each other)
Right of 3rd person who owns materials

1.

Right to be indemnified for value of materials irrespective of good faith or bad faith of builder
or owner; if builder has no property, owner is subsidiarily liable
2.
When builder is in bad faith & owner in good faith & owner compel builder to remove
improvements, owner is not subsidiarily liable
3.
When 3rd person is paid by builder, builder may demand from landowner the value of labor &
materials

b) Movables
1.
Conjunction / adjunction 2 movable things which belong to different owners are united to
form a single object

Test to determine w/c one is the principal:

1.
that to w/c the other intended to be united as ornament or for its use of perfection
2.
value
3.
volume

Rights:
1.
If both are in good faith owner of principal acquired the accessory with indemnification

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If both are in good faith may separate them if no injury will be caused; if value of accessory is
greater than principal, owner of accessory may demand separation even if damages will be
caused to the principal (expenses to be borne by one who caused the conjunction)
If owner of accessory is in bad faith owner of accessory with damages to principal
If owner of principal is in bad faith owner of accessory shall have option of principal paying
value of accessory or removal of accessory despite destruction of principal
Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent
may demand that a thing equal is kind, value and price
Specification One employs the materials of another in whole or in part on order to make a
thing of a different kind; transformation
Rights:
If person who made the transformation is in good faith he shall appropriate the thing
transformed as his own with indemnity to owner of material for its value
If material is more precious than transformed thing owner of material may appropriate the
new thing to himself after indemnity paid to labor or demand indemnity for materials
If person who made the transformation is in bad faith, owner of material shall appropriate the
work to himself w/o paying maker or demand indemnity for value of materials & damages
If transformed thing is more valuable than material, owner of material cannot appropriate
Commixtion / confusion 2 things of the same or different kinds are mixed & are not separable
w/o injury
Rights:

1.

If both owners are in good faith Each owner shall acquire a right proportional to the part
belonging to him (vis-a-vis the value of the things mixed or confused)
2.
If one owner is in bad faith he shall lose the thing belonging to him plus indemnity for
damages caused to owner of other thing mixed with his thing
3.
If both in bad faith no cause of action against each other

Chapter 3: QUIETING OF TITLE

Reasons:

1.
2.
3.

prevent litigation
protect true title & possession
real interest of both parties which requires that precise state of title be known
Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate

& generally declares that defendants claim is w/o foundation

when proper:

1.
2.
3.

contract has been extinguished or terminated

contract has prescribed
remove cloud
Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim

constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his
title
Cloud any instrument which is inoperative but has semblance of title

Requisites:

1.
2.
3.

Plaintiff must have legal or equitable interest

Need not be in possession of property
Return to defendant all benefits received he who wants justice must do justice

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Liability for damages:

1.
2.

collapse engineer, architect or contractor

collapse resulting from total or partial damage; no repair made owner; state may compel him
to demolish or make necessary work to prevent if from falling
3.
if no action done by government at expense of owner

Title III CO-OWNERSHIP

Co-ownership
plurality of subjects many owners
unity of material (indivision) of object of ownership
recognition of ideal shares
Causes/Sources:

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law
contracts
succession
fortuitous event/chance commixtion
occupancy 2 persons catch a wild animal
Distinguished from partnership
partnership created only by agreement; co-ownership has many sources
purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
in partnership there is juridical personality distinct from individuals, none in co-ownership
partnership can be created for more than 10 years, not in co-ownership
partners cannot transfer rights w/o consent of other co-partners, not co-ownership
partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but

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depends on ideal share/interest

Rights of co-owners
Right to benefits proportional to respective interest; stipulation to contrary is void
Right to use thing co-owned
1.
for purpose for which it is intended
2.
without prejudice to interest of ownership
3.
without preventing other co-owners from making use thereof
Right to change purpose of co-ownership by agreement
Right to bring action in ejectment in behalf of other co-owner
Right to compel co-owners to contribute to necessary expenses for preservation of thing and
taxes
Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing
his share in the pro-indiviso interest; but cant be made if prejudicial to co-ownership

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Right to make repairs for preservation of things can be made at will of one co-owner; receive
reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if
practicable
Right to full ownership of his part and fruits
Right to alienate, assign or mortgage own part; except personal rights like right to use and
habitation
Right to ask for partition anytime
Right of pre-emption
Right of redemption
Right to be adjudicated thing (subject to right of others to be indemnified)
Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be
allotted to one of them
Duties/Liabilities
Share in charges proportional to respective interest; stipulation to contrary is void
Pay necessary expenses and taxes may be exercised by only one co-owner
Pay useful and luxurious expenses if determined by majority
Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if nonconsent is manifestly prejudicial
Duty to obtain consent of majority with regards to administration and better enjoyment of the
thing; controlling interest; court intervention if prejudicial appointment of administrator
No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites
for acquisition through prescription
he has repudiated through unequivocal acts
such act of repudiation is made known to other co-owners
evidence must be clear and convincing
Co-owners cannot ask for physical division if it would render thing unserviceable; but can
terminate co-ownership
After partition, duty to render mutual accounting of benefits and reimbursements for expenses
Every co-owner liable for defects of title and quality of portion assigned to each of the coowner
Rights of 3rd parties

1.

creditors of assignees may take part in division and object if being effected without their
concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal
opposition
2.
non-intervenors retain rights of mortgage and servitude and other real rights and personal
rights belonging to them before partition was made.

Title V POSSESSION

Possession holding of a thing or enjoyment of a right

1.
2.

occupancy actual or constructive (corpus)

intent to possess (animus)
How acquired:

1.

material occupation possession as a fact

1.
physical
2.
constructive tradicion brevi manu (one who possess a thing short of title of owner
lease );

tradicion constitutum possesorium (owner alienates thing but continues to possess depositary,
pledgee, tenant)

cannot be recognized at the same time in 2 different personalities except co-possession

question arise regarding fact of possession

1.
present possessor preferred
2.
2 possessors one longer in possession
3.
dates of possession the same one who presents a title
4.
both have titles judicial resolution
1.
subject to action of our will- possession as a right
1.
tradicion simbolica delivering object or symbol of placing thing under control of
transferee (keys)
2.
tradicion longa manu pointing out to transferee the things which are being
transferred
1.
proper acts and legal formalities established for acquiring rights donation, sale

What can be subject of possession things or rights which are susceptible of being
appropriated

Degrees of possession:
1.
holding w/o title and in violation of right of owner
2.
possession with juridical title but not that of owner
3.
possession with just title but not from true owner
4.
possession with just title from true owner

Classes of ownership:
1.
in concept of owner owner himself or adverse possessor
Effects:
1.
2.
3.
4.
1.
2.

may be converted into ownership through acquisitive prescription

bring actions necessary to protect possession
ask for inscription of possession
demand fruits and damages from one unlawfully detaining property
in concept of holder usufruct, lessee, bailee
in oneself personal acquisition
1.
he must have capacity to acquire possession
2.
intent to possess
3.
possibility to acquire possession
1.
in name of another agent; subject to authority and ratification if not authorized; negotiorum
gestio
1.
representative has intention to acquire for another and not for himself
2.
person from whom it is acquired has intention of possessing it

1.

in good faith not aware that there exist flaw in title or mode w/c invalidates it; mistake upon
doubtful question of law; always presumed; it may be interrupted by extraneous evidence or
suit for recovery of property of true owner
2.
in bad faith aware of defect

Possession through succession

1.

possession of hereditary property is deemed transmitted w/o interruption from moment of

death ( if accepted) and if not accepted ( deemed never to have possessed the same )
2.
one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest
except when he is aware of flaws affecting title; but effects of possession in good faith shall not
benefit him except from date of death of decedent.

Minors/ Incapacitated

may acquire material possession but not right to possession; may only acquire them through
guardian or legal representatives

Acquisition

1.

cannot be acquired through force or intimidation when a possessor objects thereto resort to
courts
2.
the following do not affect acts of possession ( not deemed abandonment of rights ); possession
not interrupted
1.
acts merely tolerated
2.
clandestine and unknown acts
3.
acts of violence

Rights of possessor:
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8.

Right to be respected in his possession; if disturbed protected by means established by law;

spoliation
Possession acquired and enjoyed in concept of owner can serve as title for acquisitive
prescription
1.
Possession has to be in concept of owner, public, peaceful and uninterrupted
2.
Title short of ownership
Person in concept of owner has in his favor the legal presumption of just title (prima facie)
Possession of real property presumes that movables are included
Co-possessors deemed to have exclusively possessed part which may be allotted to him;
interruption in whole or in part shall be to the prejudice of all
Possessor in good faith entitled to fruits received before possession is legally interrupted
( natural and industrial gathered or severed; civil accrue daily )
Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if
there are natural or industrial fruits ( proportionate to time of possession ); owner has option to
require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity
for his part of expenses; if possessor in good faith refuses barred from indemnification in other
manner
Possessor has right to be indemnified for necessary expenses whether in good faith or in bad
faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by
owner

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Possessor in good faith has right to be reimbursed for useful expenses with right of retention;
owner has option of paying expenses or paying the increase in value of property which thing
acquired by reason of useful expenses
Possessor in good faith may remove improvements if can be done w/o damage to principal
thing- unless owner exercises option of paying; possessor in bad faith not entitled.
Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but
may remove them provided principal is not injured provided owner does not refund the amount
expended
Improvements caused by nature or time to inure to the benefit of person who has succeeded in
recovering possession
Wild animals possessed while in ones control; domesticated possessed if they retain habit of
returning back home
One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o
interruption
Liabilities/duties of Possessor

1.
2.
3.

Return of fruits if in bad faith fruits legitimate possessor could have received
Bear cost of litigation
Possessor in good faith not liable for loss or deterioration or loss except when fraud and
negligence intervened
4.
Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5.
Person who recovers possession not obliged to pay for improvements which have ceased to exist
at time of occupation

Loss of possession:
1.
2.
3.
4.

abandonment of the thing renunciation of right; intent to lose the thing

assignment made to another by onerous or gratuitous title
destruction or total loss of the thing or thing went out of commerce
possession of another if new possession lasted longer that 1 year ( possession as a fact); real
right of possession not lost except after 10 years
Not lost:

1.
Unlawfully deprived or lost
2.
Acquired at public sale in good faith with reimbursement
3.
Provision of law enabling the apparent owner to dispose as if he is owner
4.
Sale under order of the court
5.
Purchases made at merchant stores, fairs or markets
6.
Negotiable document of title
1.
Even for time being he may not know their whereabouts, possession of movable is not deemed
lost
2.
When agent encumbered property without express authority except when ratified
3.
Possession may still be recovered:

Possession is equivalent to title

1.
2.

possession is in good faith

owner has voluntarily parted with the possession of the thing
1.
possessor is in concept of an owner

Title VI USUFRUCT

Usufruct right to enjoy anothers property with correlative duty of preserving its form and

substance
1.
things movable/immovable
2.
rights provided it is not strictly personal

Kinds:
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10.

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17.

legal parents over children

voluntary contracts, wills
mixed prescription
total
partial
simultaneous
successive
pure
conditional
With a term
Rights of usufructuary:
Right to civil, natural & industrial fruits of property
Right to hidden treasure as stranger
Right to transfer usufructuary rights gratuitous or onerous; but is co-terminus with term of
usufruct; fruits proportionate at duration of usufruct; but cant do acts of ownership such as
alienation or conveyance except when property is:
consumable
intended for sale
appraised when delivered; if not appraised & consumable return same quality (mutuum)
Right not exempt from execution and can be sold at public auction by owner
Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of
ownership bring action to preserve
Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct
belongs to owner
Right to necessary expenses from cultivation at end of usufruct
Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by
accident but obliged to plant anew
Right of usufructuary of woodland ordinary cutting as owner does habitually or custom of
place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct
must notify owner first
Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner
should clear & remove them if caused by calamity or extraordinary event impossible to
replace them
Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover
real property or real right
Right to necessary expenses
Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part
of owner; may remove improvement if can be done w/o damage

18. Right to set-off improvements against damages he made against the property
19. Right to administer when property is co-owned; if co-ownership cease usufruct of part
allotted to co-owner belongs to usufructuary not affected
20. Right to demand the increase in value of property if owner did not spend for extraordinary
repairs when urgent & necessary for preservation of thing

Rights of naked owner

1.
2.
3.
4.

Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary
Construct any works Y make any improvement provided it does not diminish value or usufruct
or prejudice right of usufructuary
Obligations of usufructuary:

1.

Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who
have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to
return in that state; except when there is fraud or negligence, then he shall be liable
3.
Before entering into usufructuary::

Notice of inventory of property (appraisal of movables & description)

Posting of security
1.
2.

not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:

1.
2.
3.
4.
5.

immovables be placed under administration

NI can be converted into registered certificates or deposited in bank
Capital & proceeds of sale of movables be invested in safe securities
Interest on proceeds or property under admin belong to usufructuary
Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until
he gives sufficient security
6.
Effect of security is retroactive to day he is entitled to fruits

4. Take care of property as a good father of family

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11.

Liable for negligence & fault of person who substitute him

If usufruct is constituted on animals duty bound to replace dead animals that die from natural
causes or became prey; if all of them perish w/o fault but due to contagious disease /
uncommon event deliver remains saved; if perish in part due to accident continue on
remaining portion; if on sterile animals as if fungible replace same kind & quality
Obliged to make ordinary repairs wear & tear due to natural use of thing and are
indispensable for preservation; owner may make them at expense of usufructuary during
existence of usufruct
Obliged to make expenses due to his fault; cannot escape by renouncing usufruct
Pay legal interest from extraordinary expenses made by owner
Payment of expenses, charges & taxes affecting fruits
Payment of interest on amount paid by owner charges on capital

12. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he
does not do so for damages as if it was caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary

Obligations of owner
1.
2.
3.
4.
5.

extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make
them
expenses after renunciation of usufruct
taxes & expenses imposed directly on capital
if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to
be liable for whatever is lost by usufructuary
if property is expropriated for public use owner obliged to either replace it or pay legal
interest to usufructuary of net proceeds of the same
Extinguishment of usufruct

1.
2.
3.
4.
5.
6.
7.

death of usufructuary unless contrary intention appears

expiration of period of usufruct
merger of usufruct & ownership
renunciation of usufructuary express
total loss of thing
termination of right of person constituting usufruct
prescription use by 3rd person
loss in part remaining part shall continue to be held in usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years
usufruct constituted on immovable whereby a building is erected & building is destroyed

right to make use of land & materials

if owner wishes to construct a new building pay usufructuary the value of interest of land &

materials
both share in insurance if both pays premium; if only owner then proceeds will go to owner

only
effect if bad use of the thing owner may demand the delivery of and administration of the

thing with responsibility to deliver net fruits to usufructuary

at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c

should be reimbursed
security of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Different Modes of acquiring ownership:
Occupation
Donation
Prescription
Succession
Tradition

MODE Proximate cause of ownership ( sales, donation)

TITLE Remote cause of ownership; merely constituted the means

OCCUPATION
1.

There should be a corporeal thing (tangible) which must have a corpus (body) & that thing
should have no owner
2.
There must be actual occupancy; thing must be subjected to ones control/disposition
3.
There must e an intention to occupy
4.
Accomplished according to legal rules

What are the things susceptible to occupation?

things that are w/o owner res nullius; abandoned

stolen property cannot be subject of occupation

animals that are the object of hunting & fishing

kinds of animals:

wild considered res nullius when not yet captured; when captured

& escaped become res nullius again

domesticated animals originally wild but have been captured & tamed; now belong to their
capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit
of returning & regain their original state of freedom

domestic/tame animals born & ordinarily raised under the care of people; become res
nulliuswhen abandoned by owner

hidden treasure (only when found on things not belonging to anyone)

abandoned movables

Animals:
a)

Swarm of bees

owner shall have right to pursue them to anothers land (owner to identify latter for damages,

if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
Domesticated animals

may be redeemed within 20 days from occupation of another person; if no redemption

made, they shall pertain to the one who caught them

Pigeons & fish

when they go to another breeding place, they shall be owned by the new owner
provided they are not enticed
Movables:

1) Treasure found on anothers property

consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to of the treasure
Movable found w/c is not treasure

must be returned to owner

if finder retains the thing found may be charged with theft
if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks

in way he deems best

of owner does not appear 6 months after publication, thing found shall be awarded to finder
if owner appears, he is obliged to pay 1/10 of value of property to finder as price
if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at

public auction 8 days after the publication

What cannot be acquired by occupation

Ownership of a piece of land

because when a land is without an owner, it pertains to the state

land that does not belong to anyone is presumed to be public land
but when a property is private and it is abandoned can be object of occupation

PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time;
also a means by which one loses ownership, rights & actions; retroactive from the moment period
began to run

Kinds:
1. Acquisitive
1.

Extinctive
Who may acquire by prescription:

1.
2.
3.

person who are capable of acquiring property by other legal modes

STATE
minors through guardians of personally
Against whom prescription run:

1.
2.
3.
4.
5.
6.
7.
8.
9.

minors & incapacitated person who have guardians

absentees who have administrators
persons living abroad who have administrators
juridical persons except the state with regards to property not patrimonial in character
between husbands & wife
between parents & children (during minority/insanity)
between guardian & ward (during guardianship)
between co-heirs/co-owners
between owner of property & person in possession of property in concept of holder
Things subject to prescription: all things within the commerce of men

1.
2.

private property
patrimonial property of the state
Things not subject to prescription:

1.
2.
3.

public domain
in transmissible rights
movables possessed through a crime

4.

registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but not the right

to prescribe in the future

may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c

imply abandonment of right acquired

creditors & persons interested in making prescription effective may avail themselves
notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

Kinds of Acquisitive prescription

1.
2.

ordinary
extra-ordinary
Requisites for ordinary prescription:

1.
2.
3.

possession in good faith

just title
within time fixed by law
4 years for movables
8 years for immovables

4.
5.

in concept of an owner
public, peaceful, uninterrupted
Requisites for extra-ordinary prescription:

1.
2.

just title is proved

within time fixed by law
10 years for movables
30 years for immovables

3.
4.

in concept of an owner
public, peaceful, uninterrupted
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly transmit

ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) must be proved & never presumed
Titulo Colorado
Titulo putativo
title must be one which would have been sufficient to transfer ownership if grantor had been

the owner
through one of the modes of transferring ownership but there is vice/defect in capacity of

grantor to transmit ownership

IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED

Must be known to the owner of the thing

Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in the enjoyment of property
INTERRUPTION
Natural

through any cause, possession ceases for more than 1 year

if 1 year of less as if no interruption

civil

produced by judicial summons; except

1.
2.
3.

void for lack of legal solemnities

plaintiff desist from complaint/allow proceedings to lapse
possessor is absolved from complaint
express or tacit renunciation
possession in wartime
RULES IN COMPUTATION OF PERIOD:

1.
2.

Present possessor may tack his possession to that of his grantor or predecessor in interest
Present possessor presumed to be in continuous possession I intervening time unless contrary is
proved
3.
First day excluded, last day included

TACKING PERIOD

there must be privity between previous & present possessor

possible when there is succession of rights

if character of possession different:

predecessor in bad faith possessor in good faith use extraordinary prescription

PRESCRIPTION OF ACTIONS

By lapse of time fixed by law

30 years

action over immovables from time possession is lost

10 years

mortgage action

upon written contract

upon obligation created by law

upon a judgement
8 years

action to recover movables from time possession is lost

6 years

upon an oral contract

upon a quasi-contract
5 years

actions where periods are not fixed by law

4 years

upon injury to rights of plaintiff

upon a quasi-delict

1 year

for forcible entry & detainer

for defamation
Rights not extinguished by prescription:

1.
2.
3.
4.
5.
6.

demand right of way

abate public /private nuisance
declare contract void
recover property subject to expressed trust
probate of a will
quiet title

Characteristics of DONATION:

Unilateral obligation imposed on the donor

Consensual perfected at time donor knows of acceptance

Requisites of Donation:
1.
Reduction in patrimony of donor
2.
Increase in patrimony of donee
3.
Intent to do act of liberality
4.
Donor must be owner of property donated

Requirements of a donation:
1.
subject matter anything of value; present property & not future, must not impair legitime
2.
causa anything to support a consideration: generosity, charity, goodwill, past service, debt
3.
capacity to donate & dispose & accept donation
4.
form depends on value of donation

Kinds of Donation according to Effectivity:

Donation Inter Vivos

Donation Mortis Causa

Disposition and acceptance to take effect

during lifetime of donor and donee

Disposition happens upon the death of

donor

Already pertains to the donee unless there

is a contrary intent

Even if there is a term of effectivity and

effectivity is upon the death of the donor,
still entitled to fruits

Formalities required follow law on

donations and certain kinds of donations
& law on obligations and contracts
(suppletory)

Formalities required follow law on

succession to be valid, and donation must
be in the form of a will

Irrevocable at the instance of the donor;

may be revoked only by reasons provided
by law

Revocable ad mutuum (exclusive will of

donor)

Revoked only for reasons provided for by

law (except onerous donations)

Acceptance

acceptance must be made personally or thru agent

donation may be made orally or in writing

movable:

5,000 & below may be oral or written, if oral it must be with

simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 must be written and accepted also in writing

1.
2.
3.

immovable must be in a public instrument & acceptance must also be in a public instrument
(in same instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
Badges of mortis causa:
Title remains with donor (full or naked ownership)& conveyed only upon death
Donor can revoked ad mutuum
Transfer is void if transferor survives transfer
Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous

Pure/Simple

Remuneratory

Conditional

Onerous

a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do
not constitute demandable debtValuable consideration is imposed but value is less than value of
thing donatedValuable consideration givenb) law to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & legitime
ApplicableApplicableApplicableNot Applicablee) warranty against eviction & hidden defects
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable

Who may give donations

 All persons who may contract and dispose of their property

Who may accept donations:

1. natural & juridical persons w/c are not especially disqualified by law
2. minors & other incapacitated
a) by themselves

if pure & simple donation

if it does not require written acceptance

b) by guardian, legal representatives if needs written acceptance

1.
2.
3.

natural guardian not more than 50,000

court appointed more than 50,000
conceived & unborn child, represented by person who would have been a guardian if already
born
Who are disqualified to donate:

1. guardians & trustees with respect to property entrusted to them

2. husband & wife
3. between paramours/persons guilty of adultery
4. between parties guilty of same criminal offense
5. made to public officers, wife, descendant, ascendant

Other persons disqualified to receive donations:

1.
2.
3.
4.

priest who heard confession of donor during his last illness

relatives of priest within 4th degree, church, order, community where priest belongs
physician, nurse, etc. who took care of donor during his last illness
individuals, corporations, associations not permitted
What may be given:
All or part of donors present property provided he reserves sufficient means for the support of

the ff:
himself
relatives who by law are entitled to his support
legitimes shall not be impaired
when w/o reservation or if inofficious, may be reduced on petition of persons affected
except: conditional donation & donation mortis causa
except: future property

DOUBLE DONATIONS:
Rule: Priority in time, priority in right

1. If movable one who first take possession in good faith

2. If immovable one who recorded in registry of property in good faith
no inscription, one who first took possession in good faith
in absence thereof, one who can present oldest title

REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants at time

of

donation:
1.
If donor should have legitimate, legitimated or illegitimate children
2.
If child came out to be alive & not dead contrary to belief of donor
3.
If donor subsequently adopts a minor child

Action for revocation based on failure to comply with condition in case of conditional donations

Action for revocation by reason of ingratitude

1.

Donee commits offense against person, honor, property of donor, spouse, children
under his
parental authority
2.
Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he
should prove it unless act/crime has been committed against donee himself, spouse or children
under his parental authority
3.
Donee unduly refuses to give support to donor when legally or morally bound to give support to
donor

BIRTH OF CHILD

NON-FULFILLMENT
OF CONDITION

INGRATITUDE

Ipso jure revocation, no

need for action., court
decision is merely
declaratoryneeds court actionneeds court actionExtent: portion which may impair legitime of
heirsExtent: whole portion but court may rule partial revocation onlyExtent: Whole portion
returnedProperty must be returnedProperty in excessProperty to be returned

Alienation/mortgages
done prior to recording in
Register of Deeds:

If already sold or cannot be returned the value must be returned

If mortgaged donor may redeem the mortgage with right to recover from
doneeAlienations/mortgages imposed are void unless registered with Register of DeedsPrior ones
are void; demand value of property when alienated and cant be recovered or redeemed from
3rd personsFruits to be returned at filing of action for revocationFruits to be returned at filing of
complainant Prescription of action is 4 years from birth, etc.Prescription is 4 years from nonfulfilmentPrescription is 1 year from knowledge of fact and it was possible for him to bring
actionAction cannot be renouncedAction cannot be renounced in advance Right of action
transmitted to heirsRight of action at instance of donor but may be transmitted to heirsHeirs cant
file actionAction extends to donees heirsAction does not extend to donees heirs

Exception to rule on intransmissibility of action with regards to revocation due to

ingratitude:

donor has instituted proceedings but dies before bringing civil action for revocation

donor already instituted civil action but died, heirs can substitute

donee killed donor or his ingratitude caused the death of the donor

donor died w/o having known the ingratitude done

criminal action filed but abated by death

1.
personal to the donor; general rule is heir cannot institute if donor did not institute
2.
heirs can only file in the ff cases:
1.
can only make heirs of donee liable if complaint was already filed when donee died

Inofficious donations:
1.
shall be reduced with regards to the excess
2.
action to reduce to be filed by heirs who have right to legitimate at time of donation
3.
donees/creditors of deceased donor cannot ask for reduction of donation
4.
if there are 2 or more donation: recent ones shall be suppressed
5.
if 2 or more donation at same time treated equally & reduction is pro rata but donor may
impose preference which must be expressly stated in donation