Académique Documents
Professionnel Documents
Culture Documents
I. Classification
of or
Property
Machinery, receptacles,
instruments
implements intended by the owner of the tenement for an industry or works which may be carrie
Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preser
A. Immovable and Movable
Fertilizer actually used on a piece of land;
Mines, quarries, 1.
and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;
Docks and structures which, thought floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coas
Contracts
public
servitudes
andbeother
real rights
over immovable
property. either:
Article for
414
. Allworks,
things and
which
are or may
the object
of appropriation
are considered
Immovable or real property; or
Movable or personal property.
2.
Incorporation (buildings)
3.
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(4) In general, all things which can be transported from place to place without impairment of the real property to whic
A stipulation in the lease agreement to
treat the real property as personal is
binding upon the parties. The parties are
estopped from claiming otherwise.
Sergs Products v. PCI Leasing
PCI filed a complaint for a sum of money and
an application for a writ of replevin on the
chocolate manufacturing equipment of Sergs.
Sergs claims property is real and not subject
to a writ of seizure.
HELD: The property is real under Article 415
BUT it was stipulated in the lease agreement
that they would be treated as personal. Sergs
is ESTOPPED from claiming that they are real
Steel electric towers are personal
property provided they can be removed
without substantial breakage or
deterioration.
Board of Assessment Appeals v. Meralco
The City Assessor sought to impose realty tax
on steel towers of MERALCO. The taxes were
paid under protest, MERALCO contending that
the towers were exempt from taxation and
that they were personal and not real property.
HELD: The towers are personal property.
They are not buildings adhered to the soil
(415-1); they are not attached to an
immovable in a fixed manner and they can be
separated without substantial damage or
deterioration (3) and they are not
machineries intended for works on the land
3.
Obligations and actions which have for their object movables or demandable sums; and
Article 419. Property is either of public dominion or of private ownership.
Shares of stock of agricultural, commercial, and industrial entities, although they may have real estate.
Article 420. The following things are property of public dominion:
Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadste
Those which belong to the State, without being for public use, and are intended for some public service or for the development of the n
b.
b.
Art. 421. All other property of the State, which is not of the charactercould
stated
the
preceding
is patrimonial
beinno
sale
as therearticle,
is no law
authorizingproperty. (340a)
Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial
Public plazas and streets are of public
character and may not be leased out by
the municipality.
Municipality of Cavite v. Rojas
All other property possessed by any of them is patrimonial and shall be because
governedsuch
by this
Code, without
prejudice
classification
is qualified
by to the provisions of sp
Art. 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists o
Art. 426. Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable
Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, sto
i.
II. Ownership
A. In General
6.
Naked ownership
plus usufruct equals
full ownership.
Right to Enjoy
a.
Right to Possess
i.
b.
Right to Use
i.
c.
Reasonable force
may be used to
prevent or repel
physical
invasion.
2.
But to recover,
no force, but
legal means must
be used.
2.
What
Right to Dispose
a.
Replevin
WHAT? This is a
summary action to recover
physical possession of real
property when a person
originally in possession was
deprived thereof by FISTS
(force, intimidation,
stealth, threats, strategy)
Possession is unlawful from
the beginning.
2.
Accion Publiciana
(plenary action)
i.
WHAT? This is an
action
to
recover
ownership
over
real
property.
Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical i
Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other m
Acquisitive
(1) GOOD
FAITH
Art. 431. The owner of a thing cannot make use thereof
in such prescription:
manner as to injure
the rights
of a third person.
10
with just
title and
Art. 432. The owner of a thing has no right to prohibit
theyears
interference
of another
withadverse
the same, if the interference
possession; (2) BAD FAITH 30 years
in adverse possession.
Heirs of Miranda v. CA (skipped)
In 1957, the son of Miranda, acting as
administrator of the estate, sold the property
in issue to private respondent, Agerico. The
property was titled in the name of Agericos
daughter, Charito; Agerico has been in
possession and cultivation since then.
7.
Art.
Art.
2.
cmt
a.
b.
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1.
Servitudes or easements;
2.
3.
ordinances;
4.
5.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one- hal
rely on what appears on the face of the
If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conform
document. If there is nothing that indicates
Art. 439. *(technical
description) By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry,
any irregularity, as is the case here, he in not
expected to make further investigations or
inquiries.
The only exception is when an irregularity
appears and the buyer chooses to ignore the
same; in this case, they are no longer
innocent purchasers for value.
Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of ju
Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession.
Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner the
Art. 437. * The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works
Requisites:
1.
2.
3.
1.
2.
It must be by chance
Article
a.
ii.
Finder
must not
be a
trespasser.
440. The ownership of property gives the right by accession
to everything whichiii.
is
2.
*What is accession?
It is the right of a property owner to everything
which is:
a) produced thereby (accession discreta);
or
b) incorporated or attached thereto, either
naturally or artificially (accession
continua).
What are the classifications of accession?
A.
b.
Natural fruits
Industrial fruits c.
Civil fruits
B.
Accession by
attachment or
incorporation
(continua)
a.
Real property
i.
Accession industrial
1.
building
2.
planting
3.
sowing
b.
1.
alluvium
2.
avulsion
3.
change of
course of rivers
4.
formation of
islands
Personal property
i.
Adjunction or
conjunction
1.
engrafment
4.
painting
5.
writing
mixture (confusion
liquids; commixtion
solids)
specification
produced
thereby, or which is incorporate
2.
attachment
3.
weaving
Is accession a mode of
acquiring ownership?
No, the only modes of acquiring ownership
are: [STOPID-Love]
a) succession
b) tradition as a consequence of
certain contracts
c)
occupatio
n d)
b) As to incorporation and
attachment, the owner of the
principal should own the attachment;
and economic convenience (better to
have one owner than two)
prescripti
on
e) intellectual
creation f)donation
g) law
*What are the reasons behind
accession?
a) As to the fruits, justice, pure and
simple, because the one who owns
the thing should own its fruits.
a)
b)
c)
d)
b.
b.
b.
b.
c.
d.
e.
f.
Article 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the
When is made
the owner
the materials
in good unless the cont
Article 446. All works, sowing, and planting are presumed
by theof
owner
and at his expense,
faith/bad faith?
b.
B. B is personally
entitled to or
remove
theanother,
materials
Article 447. The owner of the land who makes thereon,
through
plantings, constructions or
provided
damagemay
is caused.
this cannot
be
However, if the landowner acted in bad faith, the owner
of the no
materials
removeIfthem
in any event,
with a right t
done or if B doesnt want to remove the
materials, A may be compelled to pay for the
materials.
If A is in bad faith, B can remove the materials,
regardless of damage caused or demand
payment, with damages in either case.
If B is in bad faith, A may keep the materials.
There is no indemnity and A may seek for
damages because the materials may be inferior
in quality.
When is the builder/landowner in good
faith/ bad faith?
planted in good faith, shall have the right to appropriate as his own the works, sowing or
of the indemnity provi
areplanting,
spent orafter
add payment
value to the
However, the builder or planter cannot be obliged to buy the land if its value is considerable
more than that of the building or trees. In s
property.
3.
2.
Necessary expenses
a.
b.
c.
d.
Useful expenses
Luxurious expenses
a.
a.
2.
3.
1.
2.
Landowner
a.
b.
Builder
a.
Art. 454. When the landowner acted in bad faith and the bu
2.
improvement;
Art. 455. If the materials, plants or seeds belong to a third person who has a.
not Appropriate
acted in badthe
faith,
the owner of the land shall answe
This provision shall not apply if the owner makes use of the right granted by article
450.
b. Compel
A to purchase the land,
If the owner of the materials, plants or seeds has been paid by the builder, planter regardless
or sower, the
latteror
may demand from the landowner
of cost;
c.
Three:
1.
2.
The builder;
a.
3.
What is accretion?
The landowner.
a.
b.
c.
2.
Avulsion
3.
4.
Formation of islands
What is alluvium?
1.
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b.
Ronquillo v. CA
Estero Calubcub changed course due to
dumping by the people living alongside it.
Ronquillo had been occupying the lot since
1945 and Del Rosario in 1960, immediately
after learning of the occupation, ordered him
to vacate the lot.
The Del Rosarios claim ownership over the
dried up bed as riparian owners; Ronquillo
claims the courts have no jurisdiction because
the land is public and subject to the
disposition of the Director of Lands.
ISSUE: Whether the dried up bed is public or
private land.
HELD: The dried up bed was artificially
caused; it does not fall under 307/461. Under
Article 502, it is property of the public
domain. Being of public character, its sale is
Binalay v. Manalo
Binalay purchased two parcels of land which
were later consolidated into one title, Lot 307.
The title of one of the parcels of land
indicated that it included a portion which was
submerged annually by the Cagayan River
during the wet months. However, when the
survey to consolidate the lands into 307 was
conducted, the said portion was submerged
and was not included in the consolidated title.
During the wet months, the perennially
submerged portion causes the river to have
two branches, with an island formed in the
middle; the strip of land is denominated as
Lots 821 and 822.
Binalay claims ownership of Lot 821 by
accretion.
ISSUE: Whether Manalo owns Lot 821 by
accretion to the perennially submerged
portion.
Definitions:
POND a body of stagnant water without an
outlet, larger than a puddle but smaller than a
lake, or like a body of water with a small outlet.
LAGOON a small lake, ordinarily of fresh
water, and is not very deep, fed by floods, the
hollow bed of which is bounded by the
elevations of the land.
Govt v. Colegio de San Jose
The Govt and Colegio claim ownership over a
parcel of land which is covered by Laguna de
Bay during the wet season. Colegio had title
to land up to the lakeshore.
The State claims the land is part of the
lakeshore and of the public domain.
ISSUE: Whether the is Colegios or the
States.
HELD: The land is Colegios.
Laguna is a lake, which is defined as a body of
water formed in depressions of the earth. It is
ordinarily of fresh water coming from rivers,
brooks, or springs, and connected to the sea
by them.
THE LAND IS NOT PARTY OF LAGUNA DE
BAYS BED.
Undeniably, Laguna de Bay is a lake, and its
bed is public. What then is its bed? The law of
waters defines the bed as level of the water at
the highest ordinary depth. This in turn is
considered as the level during the dry season.
ARTICLE 367/458 DOES NOT APPLY BEC. LDB
IS A LAKE, NOT A LAGOON.
The Govt also relies on Article 367/458 which
provides that the owners of estates adjoining
ponds or lagoons do not acquire the land left
dry by the natural decrease of the waters or
lose the land inundated in extraordinary
floods.
459
provides
thaton
when
land aisknown
segregated
Art. 459. Whenever the current of a river, creek or torrent segregates
from
an estate
its bank
portion of land and transfe
and transferred to another estate, the owner
of the segregated portion retains ownership
provided he removes the same within 2 years.
463 provides that when the current of a river
separates a portion of land from an estate,
the owner retains possession.
article refers
is:real property or any interest therein, by reason of any instrument, record, claim, e
Article 476This
. Whenever
there to
is aavulsion,
cloud onwhich
title to
An action may also be brought to prevent a cloud from being case upon title to real property or any interest therein.
1. the process whereby the current of a
river, creek or torrent segregates from
an estate on its bank a know portion of
land and deposits it on another.
2.
Alluvium v. Avulsion
Alluvium
Avulsion
What kinds of actions are referred to in Article 476?
Gradual
Sudden or abrupt
cannot be
Identifiable
1. Soil
Remedial;
and
identified
2. Preventative.
Belongs to owner of
Belongs to owner from
property to which it is
whose property it was
What cloud is referred to?
attached
attached
The cloud (or doubt) on title exists because:
Agustin v. IAC
a) of an instrument or record or claim or
Agustin owned the property to the east of the
encumbrance or proceeding;
Cagayan river; Melad owned the property to
b) which is apparently valid or effective;
the west.
c) but is, actually invalid, ineffective,
Over 49 years, the river gradually shifted
void, unenforceable, extinguished, or
from west to east, reducing Agustins property
barred by prescription;
and increasing Melads.
d) and may be prejudicial to thte title.
In 1968, a big flood occurred, causing the
bed to river to revert to its original course,
cutting into Melads land.
Melad cultivated the land uncovered on the
eastern portion of the river until Agustin
drove them out.
ISSUE: Whether Agustin or Melad owns the
property uncovered by the abrupt reversion of
the river to its original course.
HELD: The land is Melads.
Melad acquired by accretion the land which
was gradually deposited on his property.
This ownership was not lost by the reversion
Adille v. CA
Felisa, the original owner of the property had
children by two marriages: Adille from the
first and the Asejos from the second.
Felisa sold the property, pacto de retro, then
Titong
v. CA the property
died. Adille was able
to redeem
and executed
a deed of
of his
partition
representing
Titong
sold a portion
land to
Espinosa;
himself
to
be
the
sole
heir
of
Felisa
thereby
the latter then sold it to private respondent
allowingTitong,
him tohowever,
title the land
in his cultivating
name.
Laurio.
continued
and tilling the land already sold and had been
The Asejos filed for partition with accounting,
doing so for 20 years, when Laurio entered
claiming Adille was only a trustee. In fact, an
the property and attempted to till it himself.
Asejo had all the while been occupying a
portionfiled
of the
Titong
anproperty.
action for quieting of title.
CONDOMINIUM
ACT
Paulmitan
v. CA
What
is and
a condominium?
Donato
his brother inherited property
from
their
mother.
Donato
caused
the
It is an interest in real
property
consisting
of:
property to be registered in his name,
claiming he was the only surviving heir. He
later sold the property to his daughter,
Fanesa.
property.
HELD: Yes. It is settled that redemption of a
co-owner
benefitofoftitle
all other
HELD:
Aninures
actionto
forthe
quieting
was coowners. The Civil Code provides that such
improper.
6.
7.
2.
3.
4.
5.
2.
3.
4.
5.
6.
7.
What is a condominium?
What is a separate interest in a unit?
a.
8.
Existence 50 yrs
G.O.A.L. v. CA
NHA extended a loan to GOAL for the latter to
construct a condominium. Construction began
but the contractor abandoned the project
when it was only 60% completed.
*What is an alteration?
(1) It is a CHANGE;
2.
3.
A voluntary easement;
4.
a.
b.
5.
6.
7.
2.
3.
There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the
Demolition
can bethe
compelled;
Should there be 4.
no majority,
or should
resolution of the majority be seriously prejudicial to those interested in the property owned in
Whenever a part5.of the
thing
belongs
exclusively
one
In case a house is constructedtoon
a of the co-owners, and the remainder is owned in common, the preceding provis
common lot, all the co-owners will be
entitled to a proportionate share of
the rent.
Imperial v. CA
Mariano and Adela were siblings who inherited
2 lots (1052 and 1091) from their mother. To
facilitate titling of the lots, A executed a
waiver of rights in favor of Mariano; another
document was executed where Mariano
acknowledged the simulated character of the
waiver and Adelas share in the inheritance.
Fraudulently, M sold 1052 to a third person/s.
The CA ruled that since M sold 1052 and failed
to give the heirs of A their share in the
proceeds, he is deemed to have waived his
right to 1091. Damages were also awarded.
a.
b.
c.
d.
e.
ii. Encumbrance or
disposition is made
Article 494. No co-owner shall be obliged
to remain in the co-ownership. Each co- owner may demand at ANY TIME the partition o
(alteration);
Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term m
A donor or testator may prohibit partition
for a period
which shall
iii. Abusive
administrator
is not exceed twenty years.
Neither shall there be any partition when
it is
prohibited by law.
not
replaced.
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recogniz
Article 493. Each co-owner shall have the full ownership of his part and the fruits and benefits pertaining thereto, and
he may therefore alienate, assign or mortgage it and even substitute another person in its enjoyment, except when personal right
But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to
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b.
c.
d.
Period of prescription
As to CAUSE:
1.
extrajudicial or conventional
2.
judicial
As to PERMANENCE:
1.
provisional or temporary
2.
permanent
As to SUBJECT MATTER:
1.
real property
2.
personal property
2.
3.
4.
5.
oral partition
a.
b.
the others;
Article 497. The creditors or assignees of the co-owners may take partindemnify
in the division
of the thing owned in common and object to
But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal o
2. If the above is not agreed upon, sell the
thing and distribute the proceeds.
Article 499. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, se
Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition.
2.
Article 498. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who sh
b.
5.
6.
judicial partition;
2.
extrajudicial partition;
3.
prescription by co-owner;
4.
prescription by stranger;
5.
6.
loss or destruction;
7.
expropriation.
2.
3.
4.
a. defects of title
Why entire property to possession?
Possessor may not be owner. Possession here is
separate from ownership.
Is possession a fact or a right?
Both. It is a fact since it exists; but from the
moment it exists, certain consequences follow,
making it also a right.
What are the viewpoints of possession?
1.
2.
POSSESSION
De Luna v. CA
De Luna filed a case of forcible entry against
Dimaano, alleging that the latter entered his
land, began plowing it, and erected a barbed
wire fence.
Whose concept?
2.
Article
2.
Article 530. Only things and rights which are susceptible of being appropriated may be the object of possession.
What is res nullius and can it be
possessed?
It is abandoned or ownerless property. It may
be possessed but it cannot be acquired through
prescription, which presupposes prior ownership
in another. It can be acquired through
occupation.
Article 531. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to
Constitutom possesorium
(possessed as owner, now
juridical possession)
b.
Article 532. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any
consequences
of the
wrongful
possession
of the
decedent,
Article 533. The possession of hereditary property is deemed transmitted
to the heir
without
interruption
an from
the
moment if
ofitth
One who validly renounces an inheritance is deemed never to have possessed the same.
Article 535When
. Minors
and the
incapacitated
person
may acquire
does
heir acquire
possession
of the possession of things; but they need the assistance of their legal repr
the inherited property?
1.
2.
concept of holder.
Whomay
may
institute be
an acquired
action for
Article 536. In no case
possession
through force or intimidation as long as there is a possessor who objects there
entryor
against
intruder?
He who believes that heforcible
has an action
a right an
to deprive
another of the holding of a thing, must invoke the aid of the competent cour
Either the son or the administrator.
What happens if the son enters the
property before acceptance?
The administrator may file a complaint
for forcible entry against him.
Problem: A, B, and C inherited, in equal
parts, a parcel of land.
Day 1: A sold his share to X.
a.
Force or Intimidation;
b.
Article
Article 534. One who succeeds by hereditary title shall not suffer the
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Page 40 of 42
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Entitled to the
benefits of
prescription;
b.
c.
Entitled as possessor
for all purposes
favorable to his
possession.
Article 538. Possession as a fact cannot be recognized at the same time in two different personalities except in the case of co-poss
Should a question arise regarding the fact of possession, the present possessor shall be preferred;
if there are two possessors, the one longer in possession;
if the dates of the possession are the same, the one who presents a title;
and if all these conditions are equal, the thing shall be placed in judicial deposit appending determination of its possession or ownership
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(a) co-possessors
there is no
conflict of
interest; they
are coowners;
(b) possession in
different
concepts or
degrees both
owner and
tenant are
possessors as a
fact at the
same time; one
in the concept
of owner and
the other in the
concept of
holder.
cmt
preference to he
who first
possessed in
good faith
a.
b.
if there was no
registration, the
person who first
possessed in good faith
c.
if there was no
possession, the person
who presents to oldest
title, provided it was
acquired in good faith
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Obiters: