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Property
Chapter 2 Accession Articles 440-475
RIGHT OF ACCESSION
GENERAL PROVISIONS
Art. 440. The ownership of property
gives the right by accession to
everything
which
is
produced
thereby, or which is incorporated or
attached thereto, either naturally or
artificially.
Accession Defined
1. produced
thereby
(accession
discreta);
2. or which is incorporated or
attached thereto, either naturally
or artificially (accession continua or
accession non-interrumpida), which
in turn is divided into:
a. natural
accession
(accession natural);
b. artificial
accession
(accession
artificial
or
accession industrial).
the
different
modes
are
enumerated in Book III of Civil Code
are:
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Property
Chapter 2 Accession Articles 440-475
a.
b.
c.
d.
e.
f.
occupation
intellectual creation
law
donation
succession
tradition, as a consequence of
certain contracts
g. prescription
Accession
Generally
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Property
Chapter 2 Accession Articles 440-475
Industrial fruits
are
those
produced by lands of any kind
through cultivation or labor.
Civil fruits are the rents of
buildings, the price of leases of lands
and other property and the amount of
perpetual or life annuities or other
similar income.
Technical Meaning of Fruits
Natural Fruits
There are two kinds of natural fruits:
1. the spontaneous products of the
soil (that is, human labor does not
intervene).
Examples: herbs, common grass
2. the young and other products of
animals.
Examples: chicks and chicken eggs.
Industrial Fruits
they are those produced by lands
of any kind thru cultivation or
labor.
Examples:
a. lanzones and bananas
b. palay and corn
c. zacate (cultivated as food
for horses)
d. all
kinds
of
cultivated
vegetables, since these are
no doubt also produced by
the land thru human labor
(but not canned goods or
manufactured products).
Question:
Are
the
cultivated
trees
in
themselves to be considered fruits?
Answer:
Strictly, they are not fruits in the
juridical sense for they are really
immovables as long as they are
still attached to the land, which
may themselves produce fruits.
o There is no doubt we may
consider said trees as fruits
when they are expressly
cultivated or exploited to
carry on an industry
Perennial Crops
those
growing
each season
without need
of
replanting,
like oranges
and apples
referred
to
as
natural
fruits
Annual Crops
those which
have to be
planted each
year,
like
cereals and
grains
called
industrial
fruits
Young of Animals
Whether
brought
about
by
scientific means or not, it would
seem that the young of animals
should be considered as natural
fruits
Reason: the law makes no
distinction
Meaning of Other Products of
Animals
refers to such things as chicken
eggs, or horse manure, or milk, or
wool.
BAR Question (Re: Offspring of
Animals)
To whom does the offspring of
animals belong when the male and
female belong to different owners?
o Answer: under the Partidas,
the owner of the female was
considered also the owner
of the young, unless there is
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Property
Chapter 2 Accession Articles 440-475
a
contrary
custom
or
speculation
in one case it was held that
the legal presumption, in
the absence of proof to the
contrary, is that the calf, as
well as its mother belong to
the owner of the latter, by
the right of accretion.
may be applied under the
Codes because such rule
merely
continues
the
ownership which the owner
of the female possessed,
when the young was still in
the womb of the mother
also in accord with the
maxim
pratus
sequitor
ventrem
(the
offspring
follows the dam or
mother)
This maxim is based on two
good reasons:
1. oftentimes, it is not
known who the
male is.
2. during
the
pregnancy of the
female, its owner is
greatly
burdened
by
the
consequential
expenses
and
virtual uselessness
of the animal, and
it is only fair that
when the young is
born, the owner
should gain, or at
least recover his
loss
Civil Fruits
Consist of:
a) rent of buildings;
b) price of leases (rentals) of lands
and other property (even if
personal property);
c) the amount of perpetual or life
annuities or other similar income
to
Reason:
were it not for the said
necessary
cultivation
expenses, there would not
be any fruits grown at all, or
left or preserved
merely in consonance with
the principle that no one
may enrich himself unjustly
at anothers expense
Article 443
applies when
the
crops
have already
been
gathered
accession
continua
cannot apply
Article 449
applies only
if the crops
have not yet
been
gathered
the
landowner
gets
the
fruits
without
indemnity by
the principle
of accession
continua
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Chapter 2 Accession Articles 440-475
Non-Applicability of Article When
Planter is in Good Faith
Art. 443 does not apply when the
planter is in good faith
Reason: he is entitled to the fruits
already received, hence, there is no
necessity of reimbursing him
Characteristic
of
the
Expenses
Referred to in Art. 443
a) They must have been used for
production,
gathering,
or
preservation,
not
for
the
improvement of the property. (KEY:
PGP)
b) They must have been necessary,
and not luxurious or excessive.
Query: Suppose the expenses exceed the
value of the fruits (as when, for example,
typhoons have damaged the crops) must
there still be a reimbursement for the
expenses?
Answer: Yes, if the owner insists on being
entitled to the fruits.
Reason:
a. the law makes no exception or
distinction;
b. the same thing would have
happened had the owner been also
the planter;
c. he who gets expected advantages
must be prepared to shoulder
losses.
deemed
manifest
(existing)
the moment
their
seedlings
appear from
the ground,
although the
grains have
not
yet
actually
appeared.
Examples: cereals,
grains, rice, corn,
sugar
Animals
Two Kinds
Perennial)
Annual Crops
of
Crops
(Annual
and
Perennial Crops
Civil Fruits
deemed
to
exist
only
when
they
actually
appear
on
the trees.
Examples:
cereals, grains, rice,
corn, sugar
accrue daily
hence,
considered
in
the
category of
personal
property
can be prorated
Natural
and
Industrial Fruits
while
still
growing, are
real property
cannot
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Property
Chapter 2 Accession Articles 440-475
owner of the land, subject to the
provisions of the following articles.
Accession
Industrial
Planting, Sowing)
(Building,
Planting
more or less
permanent
trunks
or
trees
are
produced,
which in turn
produce
fruits
themselves
without
a
replanting,
crops
will
continue to
grow every
season
accessory
would
result
in
substantial injury to either
c. He who is in good faith may be
held responsible but he should not
be penalized.
d. He who is in bad faith may be
penalized.
e. No one should enrich himself
unjustly at the expense of another.
f. Bad faith of one party neutralizes
the bad faith of the other so both
should be considered in good faith.
One Exception to the General Rule
Enunciated in Art. 445 Whereby the
Owner of the Land is also the Owner
of Whatever Is Built, Planted, or
Sown Thereon
Under Art. 120 of the Family Code
In either case, the ownership of the entire
property shall be vested upon the
reimbursement, which shall be made at
the time of the liquidation of the conjugal
partnership.
1. It is important to Note which is
Bigger or Greater
a. the value of the property just
before the improvement was
made; or
b. its value after the improvement
including the cost
2. Rules
Basic
Principles
of
Accession
Continua (Accession Industrial)
a. To the owner of the principal (the
land for example) must belong also
the accessions, in accordance with
the principle that the accessory
follows the principal (accesio
cedit principali).
b. The union or incorporation must,
with
certain
exceptions,
be
effected in such a manner that to
separate the principal from the
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Property
Chapter 2 Accession Articles 440-475
Some
Latin
Legal
Maxims
in
Connection with Accession Industrial
Accessorium non ducit sed sequitor suum
principali.
The accessory does not lead but
follows its principal. Or:
If the principal is given, the
accessory is also given; but if the
accessory is given, this does not
necessarily mean that the principal
is also given.
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Chapter 2 Accession Articles 440-475
o
Bad Faith
if he makes
use of the
land
or
materials
which
he
knows
belong
to
another
if he allows
another
to
use
the
materials
without
informing
him of the
ownership
thereof
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Property
Chapter 2 Accession Articles 440-475
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Property
Chapter 2 Accession Articles 440-475
Rights of Landowner Before He Makes
the Choice