ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law
SUMMER REVIEWER

LAW ON PROPERTY 3. Individuality or substantivity, that is, it can

exist by itself and not merely as a part of a
Title I PROPERTY whole.

PROPERTY An object or a right which is Art. 415. IMMOVABLE PROPERTY

appropriated or susceptible of appropriation by man, Art. 416. MOVABLE PROPERTY
with capacity to satisfy human wants and needs.
JURIDICAL CLASSIFICATION OF IMMOVABLE
CLASSIFICATION OF PROPERTY: PROPERTIES: (NIDA)
1. Mobility and Non-mobility 1. By nature cannot be moved from place to
a. Movable or personal property place because of their nature (ART 415 par 1
b. Immovable or real property & 8 NCC)
2. Ownership a. and buildings & all kinds of constructions
a. Public dominion or ownership adhered to soil
b. Private dominion or ownership b. mine, quarries
3. Alienability
a. Within the commerce of man (or which Bicerra v Teneza, 6 SCRA 649 (1962)
may be the objects of contracts or judicial
transactions) ISSUE: Whether a demolished house is real property
b. Outside the commerce of man or continues to be real property?
4. Existence
a. Present property (res existents) HELD:
b. Future property (res futurae) NO. A house is classified as immovable property by
(NOTE: Both present and future property reason of its adherence to the soil on which it is built.
may be the subject of sale but generally This classification holds true regardless of the fact
not the subject of donation.) that the house may be situated on land belonging to
5. Materiality or Immateriality a different owner. But once the house is demolished,
a. Tangible or corporeal as in this case, it ceases to exist as such and hence
b. Intangible or incorporeal its character as an immovable likewise ceases.
6. Dependence or Importance
a. Principal 2. By incorporation essentially movables but
b. Accessory attached to an immovable that it becomes an
7. Capability of Substitution integral part of it (ART 415 par 2,3,4,6)
a. Fungible capable of substitution by other a. trees, plants & growing fruits adhered to
things of the same quality and quantity soil
b. Non-fungible incapable of such b. everything attached to an immovable in a
substitution, hence, the identical thing fixed manner that it will break if separated
must be given or returned c. statues, paintings if intended by owner to
8. Nature or Definiteness be integral part of immovable and placed
a. Generic one referring to a group or class only by owner or his agent
b. Specific one referring to a single, unique d. animal houses if intended by owner to
object become permanently attached to
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9. Whether TIFFin (Uncompressed)
the Custody decompressorof the Court or immovable
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Free
a. In custodia legis in the custody of the 3. By destination movables but purpose is to
court partake of an integral part of an immovable
b. free property (ART 415 par 4,5,6,7,9)
a. machinery placed by owner of the
CHARACTERISTICS: tenement or his agent & tend directly to
1. Utility for the satisfaction of moral or meet the needs of such works/industry
economic wants
2. Susceptibility of appropriation REQUISITES:

Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Abbiegail Sac; Pledgees: Floreida Apolinario, Gianfranco Gomez
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
i. industry or works must be carried on
inside the building or on the land
(thus a transportation business is not
carried on in a building or in the
compound)
ii. placed by the owner of the building
or property
Davao Sawmill v Castillo, 61 Phil 709 (1935)
Machinery which is movable in its nature only
becomes immobilized when placed in a plant by THE
OWNER of the property or plant
BUT NOT when so placed by a TENANT, a
usufructuary or any person having only temporary
right, unless such person acted as the agent of the
owner
iii. machines must be essential and
principal elements in the industry
b. fertilizers actually used on a piece of
land
c. docks & floating structures intended by
their nature and object to remain at a fixed
place on a river, lake or coast.
Rubiso v Rivera, 37 Phil 72 (1917)
Vessels are essentially movable but they
partake to a certain extent of the nature and
conditions of real property due to their value and
importance.
4. By analogy/by law contracts for public
works, servitude & other real rights over
immovable property (ART 415 par 10)
MOVABLE PROPERTY: (SIFTOS)
1. Susceptible of appropriation that are not
included in enumeration in immovable
2. Immovable that are designated as movable
by special provision of law
3. Forces of nature brought under control by
science
4. Things w/c can be transported w/o
impairment of real property
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fixed are needed to see this picture.
5. Obligations which involve demandable sums
(credits)
6. Shares of stocks of agricultural, commercial
& industrial entities although they may have
real estate (1/2 interest in the business is
personal property. Involuntary Insolvency of
Strochecker v. Ramirez)
TESTS TO DETERMINE WHETHER PROPERTY IS
REAL OR PERSONAL:
1. Rule of Exclusion not included in ART 415
(inclusio unius est exclusion alterius)
2. Rule of Description if the property can be
transported from one place to another, and
no injury would be suffered by it, then it is
personal property, unless expressly included
in ART 415
Art. 418. Movable property is either consumable
or non-consumable. To the first class belong
those movables which cannot be used in a
manner appropriate to their nature without their
being consumed; to the second class belong all
the others.
CLASSIFICATION OF MOVABLES:
1. According to nature
a. consumable cannot be utilized w/o
being consumed
b. non-consumable
2. According to intention of the
parties/purpose (whether it can be
substituted by other things of same kind,
quality and quantity)
a. fungible (res fungibles) only the
equivalent is returned
b. non-fungible (res nec fungibles)
identical thing is returned, do not admit of
substitution
Sibal v Valdez, 50 Phil 512 (1927)
Chattel Mortgage growing crops are
movable property.
United States v Carlos, 21 Phil 364 (1946)
ISSUE: w/n electric energy is property and therefore
may be stolen
HELD:
YES. True test of what is a proper subject of larceny
seems to be not whether the subject is corporeal or
incorporeal, but whether it is capable of appropriation
by another than the owner.
Involuntary Insolvency of Strochechker v
Ramirez, 44 Phil 933 (1922)
interest in the business is personal
property.
Art. 419. Property is either of public dominion or
of private ownership.
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Art. 420. The following things are property of
public dominion:
(1) Those intended for public use, such
as roads, canals, rivers, torrents, ports, and
bridges constructed by the State, banks, shores,
roadsteads, and others of similar character;
(2) Those which belong to the State,
without being for public use, and are intended for
some public service or for the development of the
national wealth.
CLASSIFICATION OF PROPERTY ACCORDING
TO OWNERSHIP:
1. Public dominion outside the commerce of
men
KINDS:
a. intended for public use
b. intended for public service of state,
provinces, cities & municipalities
CHARACTERISTICS:
i. outside the commerce of men
cannot be alienated or leased or be
the subject of any contract
ii. cannot be acquired by private
individual through prescription
iii. not subject to attachment &
execution
iv. cannot be burdened by voluntary
easement
v. cannot be registered under the Land
Registration Law and be the subject
of a Torrens Title
vi. in general, can be used by
everybody
c. for the development of national wealth
2. Private Ownership
1. patrimonial property of state, provinces,
cities, municipalities
a. exist for attaining economic ends of
state
b. property of public dominion when no
longer intended
use/service declared patrimonial
(NOTE: Patrimonial
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acquired
are needed to by private
see this picture. individuals or
corporations through prescription.)
2. property belonging to private persons
individually or collectively
NOTE: sacred and religious objects are considered
outside the commerce of man. They are neither
public nor private party.
Art. 421. All other property of the State, which is
not of the character stated in the preceding
article, is partrimonial property.
PATRIMONIAL PROPERTY is property pertaining to
the State which is not intended for public use, public
service, or for the development of the national wealth.
It is intended rather for the attainment of the
economic ends of the State, that is, for subsistence.
Subject to prescription
May be an object of ordinary contract
Art. 422. Property of public dominion, when no
longer intended for public use or for public
service, shall form part of the patrimonial
property of the State.
A property is converted from property of
public dominion to patrimonial property
through a formal declaration of the executive
or legislative departments of the government.
Without the declaration, the property
continues to form part of the public domain
and therefore cannot be the subject of
acquisitive prescription.
Dacanay v Asistio Jr., 208 SCRA 404 (1992)
ISSUE: May public streets or thoroughfares be
leased or licensed to market stallholders by virtue of
a city ordinance or resolution of the Metro Manila
Commission?
HELD:
NO. The right of the public to use the city streets
may not be bargained away through contract.
Hence, the agreement between the city government
and stallholders is contrary to law and therefore void.
* Rule: local government cannot withdraw a
public street from public use, unless it has been
granted such authority by law.
for public Art. 423. The property of provinces, cities, and
municipalities is divided into property for public
use and patrimonial property.
Art. 424. Property for public use, in the provinces,
cities, and municipalities, consist of the
provincial roads, city streets, municipal streets,
the squares, fountains, public waters,
promenades, and public works for public service
paid for by said provinces, cities, or
municipalities.
All other property possessed by any of
them is patrimonial and shall be governed by this
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Code, without prejudice to the provisions of 2. Jus accesiones right to accessories

special laws.
Art. 425. Property of private ownership, besides
the patrimonial property of the State, provinces,
cities, and municipalities, consists of all property
belonging to private persons, either individually
or collectively.
Aliens have no right to acquire any public or
private agricultural, commercial, or residential
lands except by hereditary succession.
Private individual has superior right over the
property against the state.
Title II OWNERSHIP
OWNERSHIP is the 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.
TITLE is that which constitutes a just cause of
exclusive possession or which is the foundation of
ownership of property
KINDS OF OWNERSHIP:
1. Full ownership (dominium or jus in re
propia) includes all the rights of the owner
2. Naked ownership (nuda proprietas)
where the right to the use and the fruits has
been denied
Naked ownership + usufruct = Full
ownership
3. Sole ownership ownership is vested only
in one person
4. Co-ownership/Tenancy in Common
ownership is vested in two or more owners;
unity of the property, plurality of the subjects
Art. 427. Ownership may be exercised over things
or rights.
Art. 428. The owner has the right to enjoy and
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dispose of a thing,TIFFwithout other
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those established by law.
The owner has also a right of action
against the holder and possessor of the thing in
order to recover it.
SEVEN RIGHTS OF OWNERSHIP:
1. Jus abutendi right to consume, transform
or abuse
3. Jus disponendi right to dispose
4. Jus fruendi right to fruits
5. Jus possidendi right to possess
6. Jus utendi right to enjoy
7. Jus vindicandi right to exclude others
from possession of the thing
ACTIONS FOR POSSESSION:
1. Movable Replevin (return of a movable)
Note: machinery and equipment used for an
industry and indispensable for the carrying
on of such industry, cannot be the subject of
replevin, because they are considered real
properties. It is both a form of principal and of
provisional remedy.
Calub v CA, 331 SCRA 55 (2000)
A property that is validly deposited in
custodia legis cannot be the subject of a replevin suit.
2. Immovable
a. Accion Interdictal
i. forcible entry (detentacion) used
by person deprived of possession
through: force, intimidation, strategy,
threat, or stealth (FISTS) (issue: de
facto or physical possession not
juridical, must recover within 1 year
from unlawful deprivation, or from
discovery, in case of stealth or
strategy); summary proceeding
ii. 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, must
recover within 1 year from unlawful
deprivation: date of last demand or
last letter of demand); summary
proceeding
b. accion publiciana plenary action to
recover the better right of possession;
must be brought within a period of 10
years, otherwise the real right of
possession is lost; issue is possession
de jure not de facto; ordinary civil
proceeding
c. accion reinvindicatoria recovery of
dominion of property as owner
Sarmiento v CA 250 SCRA 108 (1995)

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Where the facts averred in the complaint
reveals that the action is neither one of forcible entry
nor unlawful detainer but essentially involves a
boundary dispute, the same must be resolved in an
accion reivindicatoria.
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 invasion
or usurpation of his property.
PRINCIPLE OF SELF HELP self defense
Available only when possession has not yet
been lost, if already lost resort to judicial
process
May be exercised by 3rd person
negotiorum gestio
ELEMENTS OF SELF-HELP:
1. Person exercising rights is owner or lawful
possessor
2. Can only be exercised at the time of an
actual or threatened unlawful physical
invasion of his property
Aggression must be illicit or
unlawful
The existence of the danger of
violation of law and right is
sufficient.
3. Use force as may be reasonably necessary
to repel or prevent it.
Possessor may do all acts
necessary to repel the aggression
But may be liable for damages for
excess force
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 means without
detriment to servitudes constituted thereon.
Art. 431. The owner of a thing cannot make use
thereof in such manner as to injure the rights of a
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Art. 432. The owner of a thing has no right to
prohibit the interference of another with the
same, if the interference is necessary to avert an
imminent danger and the threatened damage,
compared to the damage arising to the owner
from the interference, is much greater. The owner
may demand from the person benefited indemnity
for the damage to him.
Right to enclose or fence w/o detriment to
servitude constituted
STATE OF NECESSITY is the principle which
authorizes the destruction of a property which is
lesser in value to avert the danger poised to another
property the value of which is much greater.
Comparative danger: Danger must be
greater than damage to property. Must
consider the economic and sentimental value
of the property.
The owner of the sacrificial property is
obliged to tolerate the act of destruction but
subject to his reimbursement by all those
who benefited.
In case of conflict between the exercise of
the right of self-help and a proper and licit
state of necessity, the latter prevails because
there is no unlawful aggression when a
person or group of persons acts pursuant to
the right given in a state of necessity,
Art. 433. Actual possession under claim of
ownership raises disputable presumption of
ownership. The true owner must resort to judicial
process for the recovery of the property.
Art. 434. In an action to recover, the property
must be identified, and the plaintiff must rely on
the strength of his title and not on the weakness
of the defendant's claim.
Possessor of property has the presumption
of title in his favor
The person claiming better right must prove:
a. That he has better title to the property
b. Identity of the property
One must depend on strength of his title and
not the weakness of the defense
Art. 435. No person shall be deprived of his
property except by competent authority and for
public use and always upon payment of just
compensation.
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 thereof shall
not be entitled to compensation, unless he can
show that such condemnation or seizure is
unjustified.
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EMINENT DOMAIN is the superior right of the State
to acquire private property whether registered or not
for public use upon payment of just compensation. It
is one of the limitations of the right of ownership.
Absolute necessity for expropriation is not
required. It is enough that reasonable
necessity for public use is intended.
Just compensation is equivalent to the value
of the land. (Market value plus consequential
damages minus the consequential benefits)
The market value should be determined at
the time of the filing of the complaint or at the
time of taking of the property, whichever
transpires first.
The ownership over the property taken is
transferred only when the just compensation
with proper interest had been made
ELEMENTS OF TAKING FOR PURPOSES OF
EMINENT DOMAIN:
1. The expropriator must enter a private
property.
2. The entrance must be for more than a
momentary period.
3. The entry should be under warrant or color
of legal authority.
4. Property must be devoted to a public use
or otherwise informally appropriated or
injuriously affected
5. Utilization of the property must be in such a
way as to oust the owner and deprive him
of all beneficial enjoyment of the property.
POLICE POWER is another limitation of the right of
ownership wherein property may be interfered with,
even destroyed, if so demanded by the welfare of the
community. The owner of the property is not entitled
to compensation
REQUISITES OF POLICE POWER:
1. Interest of the public generally
2. Means are reasonably necessary for the
accomplishment of a purpose
3. It is not unduly oppressive
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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 or make
any plantations and excavations which he may
deem proper, without detriment to servitudes and
subject to special laws and ordinances. He
cannot complain of the reasonable requirements
of aerial navigation.
Right to surface & everything under it only as
far as necessary for his practical interest
(benefit or enjoyment)
Art. 438. Hidden treasure belongs to the owner of
the land, building, or other property on which it is
found.
Nevertheless, when the discovery is made
on the property of another, or of the State or any
of its subdivisions, and by chance, one-half
thereof shall be allowed to the finder. If the finder
is a trespasser, he shall not be entitled to any
share of the treasure.
If the things found be of interest to
science of the arts, the State may acquire them at
their just price, which shall be divided in
conformity with the rule stated.
Art. 439. By treasure is understood, for legal
purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the
lawful ownership of which does not appear.
CONCEPT OF TREASURE:
1. Consists of money, jewels, or other
precious objects. (not raw materials)
2. Hidden and unknown
3. Owner is unknown
RIGHT TO HIDDEN TREASURE:
1. Finder is the same as owner of the
property treasure totally belongs to him.
2. Finder is third person and he discovered it
by chance finder is entitled to one half of
the value of the treasure.
3. Finder is an intruder he is not entitled to
anything
4. Finder was given express permission by
the owner subject to the contract of
service and principle of unjust enrichment
Right of Ownership not absolute
1. The welfare of the people is the supreme law
of the land. Salus populi suprema est lex.
2. Use your property so as not to impair the
rights of other. Sic utere tuo ut alienum non
laedas.
Limitation on Ownership
1. general limitations for the benefit of the State
(eminent domain, police power, taxation)
2. specific limitations imposed by law
(servitude, easements)
3. specific limitations imposed by party
transmitting ownership (will, contract)
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4. limitations imposed by owner himself
(voluntary servitude, mortgages, pledges)
5. inherent limitations arising from conflicts with
other similar rights (contiguity of property)
6. owner cannot make use of a thing which
shall injure/prejudice rights of 3rd persons
(neighbors)
7. 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
a) identify property
b) show that he has better title
NOTE: See property annexes
RIGHT OF ACCESSION
ACCESSION is the right by virtue of which the owner
of a thing becomes the owner of everything that it
may produce or which may be inseperably united or
incorporated thereto either naturally or artificially.
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.
Art. 441. To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits.
Art. 442. Natural fruits are the spontaneous
products of the soil, and the young and other
products of animals.
Industrial fruits are those produced by
lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the
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amount of perpetual or life annuities or other
similar income.
2 KINDS OF ACCESSION:
1. Accession discreta refers to the fruits or
products of a thing which is owned
2. Accession continua accession to
products of the thing; union of things by
different persons
ACCESSION DISCRETA
General Rule: The owner of the land owns the fruits.
Exceptions:
1. Possessor in good faith of the land, he
already owns the fruits already received
2. Usufructuary
3. Lessee gets the fruits of the land
4. Antichresis, the antichretic creditor gets the
fruits, although, said fruits should be applied
first to the interest, if any is owning, and then
to the principal amount of the loan
NATURAL FRUITS spontaneous products of the
soil and the young of animals
INDUSTRIAL FRUITS those produced by lands of
any kind through cultivation or labor
CIVIL FRUITS rents of buildings, the price of lease
of lands and other property and the amount of
perpetual or life annuities or other similar income
ACCESSION CONTINUA
PRINCIPLES:
1. The accessory follows the principal
2. The incorporation or union must be so
intimate that the things united cannot be
separated without injury to on or both of
them.
3. Good faith is not punished but bad faith gives
rise to dire consequences.
4. Generally based on necessity and utility. It
being more practical that the owner of the
principal thing should own the new thing
instead of a co-ownership being established.
MAXIMS IN CONNECTION WITH ACCESSION
INDUSTRIAL
a. Accessorium non ducit sed sequitor suum
principali. The accessory does not lead but
follows its principal
b. Accessorium sequitor naturam rei cui accedit.
The accessory follows the nature of that to which
it relates
c. Aedificatum solo, solo cedit. What is built upon
the land goes with it; or the land is the principal,
and whatever is built on it becomes the
accessory.
Art. 443. He who receives the fruits has the
obligation to pay the expenses made by a third
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person in their production, gathering, and also in accord with the maxim pratus sequitor
preservation. ventrem (the offspring follows the damor
mother).
OBLIGATIONS:
1. Gathered Fruits Art. 445. Whatever is built, planted or sown on the
Planter Owner land of another and the improvements or repairs
Planter in Keeps fruits No necessity to made thereon, belong to the owner of the land,
GF reimburse the planter subject to the provisions of the following articles.
Art. 446. All works, sowing, and planting are
of expenses since he
retains the fruits presumed made by the owner and at his expense,
unless the contrary is proved.
Planter in Reimbursed Gets fruits, pay
Art. 447. The owner of the land who makes
BF for expenses planter expenses
thereon, personally or through another,
for
plantings, constructions or works with the
production,
materials of another, shall pay their value; and, if
gathering,
he acted in bad faith, he shall also be obliged to
and
the reparation of damages. The owner of the
preservation
materials shall have the right to remove them
only in case he can do so without injury to the
2. Standing Crops
work constructed, or without the plantings,
constructions or works being destroyed.
PLANTER OWNER
However, if the landowner acted in bad faith, the
Planter in GF Reimbursed Owns fruits owner of the materials may remove them in any
for expenses provided he event, with a right to be indemnified for damages.
for production, pays planter Art. 448. The owner of the land on which anything
gathering, and expenses for has been built, sown or planted in good faith,
preservation production, shall have the right to appropriate as his own the
gathering, works, sowing or planting, after payment of the
and indemnity provided for in Articles 546 and 548, or
preservation. to oblige the one who built or planted to pay the
(forced co- price of the land, and the one who sowed, the
ownership) proper rent. However, the builder or planter
Planter in BF Loses Owns fruits cannot be obliged to buy the land if its value is
everything. No considerably more than that of the building or
right to trees. In such case, he shall pay reasonable rent,
reimbursement if the owner of the land does not choose to
appropriate the building or trees after proper
indemnity. The parties shall agree upon the terms
Art. 444. Only such as are manifest or born are of the lease and in case of disagreement, the
considered as natural or industrial fruits. court shall fix the terms thereof.
With respect to animals, it is sufficient that Art. 449. He who builds, plants or sows in bad
they are in the womb of the mother, although faith on the land of another, loses what is built,
unborn. planted or sown without right to indemnity.
Art. 450. The owner of the land on which anything
Bar Question (RE: Offspring of Animals) has been built, planted or sown in bad faith may
To whom does the offspring
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when the maleTIFFand
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planting or sowing be removed, in order to
owners? replace things in their former condition at the
expense of the person who built, planted or
Ans: Under the Partidas, the owner of the female sowed; or he may compel the builder or planter to
was considered also the owner of the young, pay the price of the land, and the sower the
unless there is a contrary custom or speculation. proper rent.
The legal presumption, in the absence of proof to Art. 451. In the cases of the two preceding
the contrary, is that the calf, as well as its mother articles, the landowner is entitled to damages
belong to the owner of the latter, by the right of from the builder, planter or sower.
accretion. (US v. Caballero, 25 Phil 356). This is

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Art. 452. The builder, planter or sower in bad faith the owner of the
is entitled to reimbursement for the necessary materials can
expenses of preservation of the land. remove them.
Art. 453. If there was bad faith, not only on the
part of the person who built, planted or sowed on LO = BF He becomes the 1. entitled to the
the land of another, but also on the part of the OM = GF owner of the ABSOLUTE
owner of such land, the rights of one and the materials but he right of removal
other shall be the same as though both had acted must pay: and damages
in good faith. 1. their value (whether or not
It is understood that there is bad faith on 2. and substantial injury
the part of the landowner whenever the act was damages is caused
done with his knowledge and without opposition 2. entitled to
on his part. Exception: reimbursement
Art. 454. When the landowner acted in bad faith when the owner and damages (in
and the builder, planter or sower proceeded in of the materials case he
good faith, the provisions of article 447 shall decides to chooses not to
apply. remove them remove
Art. 455. If the materials, plants or seeds belong whether or not
to a third person who has not acted in bad faith, destruction
the owner of the land shall answer subsidiarily would be
for their value and only in the event that the one caused. In this
who made use of them has no property with case, the
which to pay. materials would
This provision shall not apply if the owner still belong to
makes use of the right granted by article 450. If the owner of
the owner of the materials, plants or seeds has said materials,
been paid by the builder, planter or sower, the who id addition
latter may demand from the landowner the value will still be
of the materials and labor. entitled to
Art. 456. In the cases regulated in the preceding damages
articles, good faith does not necessarily exclude LO = GF 1. Exempted Would lose all rights
negligence, which gives right to damages under OM = BF from to the materials,
article 2176. reimburseme such as the right of
nt removal, regardless
RULES WHEN LANDOWNER CONSTRUCTS OR 2. Entitled to of whether or not
PLANTS ON HIS LAND WITH MATERIALS OF consequential substantial injury
ANOTHER damages would be caused
1. LO and OM both in good faith; or LO and OM
both in bad faith 2. Rules when on land of a person another
Land Owner Owner of Materials builds, sows, or plants
(LO) (OM) Ex. builder built on LOs land a house in GF
OM = GF Becomes the 1. entitled to
LO = GF; owner of the reimbursement Land Owner Builder
materials but he (provided he (LO)
Or must pay for does not remove LO = GF Has a CHOICE 1. Right to payment
their value. QuickTime and athem) Builder= either to: of indemnity
TIFF (Uncompressed) decompressor
OM = BF are needed to see th2. entitled to
is picture. GF; 1. Appropriate a. Necessary
LO = BF Exception: removal house as his expenses, right of
(as if when they can (provided no Or own after retention until
both in be removed substantial injury paying for reimbursed
GF) without is caused) LO = BF indemnity b. Useful
destruction to Builder = 2. or to compel expenses, right of
the work made BF the builder to retention
or to the plants. buy the land 2. May remove the
In such case, (as if both upon which ornaments with

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in GF) the building which he has of the land is

has been built embellished the considerably
principal thing if it more than the
unless the suffers no injury value of the
value of the thereby, and if his house PLUS
land be successor in the damages
considerably possession does
more than the not prefer to LO = BF He becomes the 1. entitled to the
value of the refund the amount Builder = owner of the ABSOLUTE right
houserent expended GF materials but he of removal and
should be must pay: damages
paid 1. their value (whether or not
builder fails to 2. and damages substantial injury
pay no right is caused
of retention, Exception: when 2. entitled to
LO entitled the owner of the reimbursement
for removal of materials decides and damages (in
improvement to remove them case he chooses
whether or not not to remove
LO = GF 1. gets the 1. Loses what is built, destruction would
Builder= accessory planted, or sown be caused. In this
BF without without right to case, the
paying any indemnity materials would
indemnity for 2. Liability for still belong to the
its value or damages owner of said
expenses 3. Entitled to materials, who id
(but with reimbursement for addition will still
obligation to the necessary be entitled to
pay expenses of damages
necessary preservation of
expenses for land NOTE: since the choice given the LO is
the confined to either appropriation or
preservation compulsory selling, he has no right of
of the land) removal or demolition, UNLESS after
PLUS having selected a compulsory sale, the
damages builder fails to pay for the land
2. demand the Remedies if option exercised was
demolition of compulsory selling and Builder fails
the work, or to pay
that the 1. leave things as they are and assume
planting or relation of lessor and lessee; pay
sowing be rents
removed, at 2. demolish what has been built, sown,
the builders or planted
expense 3. consider price of land as an ordinary
PLUS money debt of the builder. Therefore,
QuickTime and a
damages
TIFF (Uncompressed) decompressor
he may enforce payment thru and
are needed to see this picture.
3. compel the ordinary action for the recovery of a
builder or money debt (levy and execution)
planter to pay
the price of ART. 448 (3RD PERSON PLANTS, SOWS, AND
the land, and BUILDS ON ANOTHERS LAND) DOES NOT
the sower the APPLY WHEN:
proper rent 1. The builder, planter, sower does not claim
whether or ownership over the land but possesses it as
not the value

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mere holder, agent, usufructuary or tenant;
he knows that the land is not his.
Exception: if a tenant whose lease is about to
expire, nevertheless still sows, not knowing
that the crops will no longer belong to him,
Art. 448 can be applied
2. The builder, planter, or sower is a co-owner,
even if later on, during the partition, the
portion of land used is awarded to another
co-owner;
3. A person constructs a building on his own
land, and then sells the land but not the
building to another, there can be no question
of good faith or bad faith on the part of the
builder. He can be compelled to remove the
building. The new owner will thus not be
required to pay any indemnity for the
building;
4. The builder is a belligerent occupant
RULE WHEN LANDOWNER SELLS LAND
TO A 3RD PERSON WHO IS IN BAD FAITH
When 3rd person is in bad faith, the builder
must go against him, but when the 3rd person
paid the landowner, the builder may still file a
case against him but the 3rd person may file a
rd party complaint against landowner
RULE WHEN THREE PARTIES ARE INVOLVED:
Parties
1. land owner (LO)
2. builder, planter, sower (builder)
3. owner of materials (OM)
The rights of the LO and the builder are
the same as that established by the
preceding tables
Rights of OM
a. Bad faith he loses all rights to be
indemnified. Moreover, he can even
be liable for consequential damages
(as when the materials are of an
inferior quality)
b. Good faith he is entitled to
reimbursement from the builder
principallyQuickTime
since and it a was the builder
whoTIFFare
first made
(Uncompressed) use of the materials.
decompressor
needed to see this picture.
In case of insolvency on the part of
the builder, the LO is subsidiarily
liable, if he makes use of the
materials.
RULE: OM bad faith, Builder bad faith, LO good
faith
1. as between OM and Builder, good faith must
govern. Builder must reimburse OM, but in
case Builder cannot pay, LO will not be
subsidiarily liable because as to him, OM is
in bad faith. If the builder pays, he cannot
ask reimbursement from LO because as to
LO, builder is in bad faith
2. LO can ask damages from both; moreover:
a. He may appropriate what has been built
as his own, without payment of any
indemnity for useful or necessary
expenses for the building but with
indemnity for the necessary expenses for
the preservation of the land
b. Demand the demolition of the house at
builders expense
c. Compel builder to pay the price of the
land whether the land is considerably
more valuable than the building or not.
Sarmiento v Agana 129 SCRA 122 (1984)
The land owner on which a building has been
constructed in good faith by another has the option to
buy the building or sell his land to the builder, he
cannot refuse to exercise either option.
Depra v Dumlao 136 SCRA 475 (1985)
Owner of the land on which improvement
was built by another in good faith is entitled to
removal of improvement only after landowner has
opted to sell the land and the builder refused to pay
for the same.
Where the lands value is considerably more
than the improvement, the landowner cannot compel
the builder to buy the land. In such event, a forced
lease is created and the court shall fix the terms
thereof in case the parties disagree thereon.
Ballatan v CA 304 SCRA 34 (1999)
The right to choose between appropriating
the improvement or selling the land on which the
improvement of the builder, planter or sower stands,
is given to the owner of the land (and not the court)
Art. 457. To the owners of lands adjoining the
banks of rivers belong the accretion which they
gradually receive from the effects of the current
of the waters.
Art. 458. The owners of estates adjoining ponds
or lagoons do not acquire the land left dry by the
natural decrease of the waters, or lose that
inundated by them in extraordinary floods.
Art. 459. Whenever the current of a river, creek or
torrent segregates from an estate on its bank a
known portion of land and transfers it to another
estate, the owner of the land to which the
segregated portion belonged retains the
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ownership of it, provided that he removes the
same within two years.
ALLUVIUM is the soil imperceptibly and gradually
deposited on lands adjoining the banks of rivers
caused by the current of the water.
ACCRETION is the process whereby the soil is so
deposited
ESSENTIAL ELEMENTS OF ALLUVIUM: (AGA)
1. Result of the action of the waters of the river
(or sea)
2. Deposit of soil or sediment be gradual and
imperceptible
3. the land where accretion takes place is
adjacent to the banks of ricer (or the sea
coast)
Viajar v CA 168 SCRA 405 (1988)
Registration under the Torrens System does
not protect the riparian owner against the dimunition
of the area of his registered land through gradual
changes in the course of an adjoining stream.
Reynante v CA 207 SCRA 794 (1992)
FACTS:
Petitioner, as tenant of the private
respondent, has been in possession of the subject
lots for more than 50 years. Such lots were not
included in the TCT of PR. Private respondent
claims that such lots were created by alluvial
formation and hence their property as the riparian
owner.
ISSUE:
W/n the disputed land belongs to PR as a
result of accretion
HELD:
NO. There is no automatic registration.
Failure to register the acquired alluvial deposit by
accretion for 50 years subjected said accretion to
acquisition through prescription by third persons.
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Ronquillo v CA 195 SCRA 433 (1991)
ISSUE:
w/n the dried up portion of Estero Calublub
was caused by natural change and therefore subject
of accretion
Held:
NO. The rules on alluvion do not apply to
man-made or artificial accretions to lands that adjoin
canals or esteros or artificial drainage system.
AVULSION is the process whereby a portion of a
land is segregated from an estate by the current of a
river, creek or torrent and transferred to another
estate.
ESSENTIAL ELEMENTS OF AVULSION:
1. The segregation and transfer must be
caused by the current of a river, creek or
torrent
2. Sudden or abrupt
3. Portion of land must be known or identifiable
NOTE: the former owner preserves his ownership of
the segregated portion provided he removes (not
merely claims) the portion within 2 years.
Art. 460. Trees uprooted and carried away by the
current of the waters belong to the owner of the
land upon which they may be cast, if the owners
do not claim them within six months. If such
owners claim them, they shall pay the expenses
incurred in gathering them or putting them in a
safe place.
Art. 461. River beds which are abandoned
through the natural change in the course of the
waters ipso facto belong to the owners whose
lands are occupied by the new course in
proportion to the area lost. However, the owners
of the lands adjoining the old bed shall have the
right to acquire the same by paying the value
thereof, which value shall not exceed the value of
the area occupied by the new bed.
CHANGE OF RIVERBED
REQUISITES:
1. change must be sudden in order that the old
river bed may be identified
2. the changing of the course must be more or
less permanent, and not temporary
overflooding anothers land
3. the change must be a natural one, i.e.
caused by natural forces
4. there must be a definite abandonment by the
government
5. the river must continue to exist, that is, it
must not completely dry up or disappear.
RIGHT OF OWNER OF LAND OCCUPIED BY NEW
RIVER COURSE:
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1. Right to old bed ipso facto in proportion to
area lost
2. 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
Art. 462. Whenever a river, changing its course by
natural causes, opens a new bed through a
private state, this bed shall become of public
dominion.
If a river changes its course and opens a new
bed, this bed becomes of public dominion
even if it is on private property.
The new river banks created shall likewise be
of public dominion.
The new river bed may itself be abandoned,
due to natural or artificial causes authorized
by law. In such case, the owners will get
back this previous property if the course of
the river reverts back to its original place.
River may be navigable or non-navigable.
Art. 463. Whenever the current of a river divides
itself into branches, leaving a piece of land or
part thereof isolated, the owner of the land
retains his ownership. He also retains it if a
portion of land is separated from the estate by
the current.
Art. 464. Islands which may be formed on the
seas within the jurisdiction of the Philippines, on
lakes, and on navigable or floatable rivers belong
to the State.
Art. 465. Islands which through successive
accumulation of alluvial deposits are formed in
non-navigable and non-floatable rivers, belong to
the owners of the margins or banks nearest to
each of them, or to the owners of both margins if
the island is in the middle of the river, in which
case it shall be divided longitudinally in halves. If
a single island thus formed be more distant from
one margin than from the other, the owner of the
nearer margin shall be the sole owner thereof.
QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ISLAND BELONGS TO THE STATE:
1. On seas within the jurisdiction of the
Philippines
2. on lakes
3. on navigable or floatable rivers
ISLAND FORMED IN NON-NAVIGABLE OR NON-
FLOATABLE RIVERS
Island shall pertain and belong to the owners
of the margins or banks of the river nearest
to each of them.
If in the middle of the river it shall be
divided longitudinally in halves
Art. 466. Whenever two movable things belonging
to different owners are, without bad faith, united
in such a way that they form a single object, the
owner of the principal thing acquires the
accessory, indemnifying the former owner
thereof for its value
ADJUNCTION OR CONJUNCTION is a process
whereby two movable things owned by different
persons are joined together without bad faith, in such
a way that they form a single object
CLASSES OF ADJUNCTION: (ISTEP)
1. Inclusion (engraftment) such as setting a
precious stone on a golden ring
2. Soldadura (soldering) such as joining a
piece of metal to another metal
a. Feruminatio same metal
b. Plumbatura different metals
3. Tejido (weaving)
4. Escritura (writing)
5. Pintura (painting)
The owner of the principal, who by law
becomes the owner of the resulting object,
will indemnify the owner of the accessories
for the values thereof.
Art. 467. The principal thing, as between two
things incorporated, is deemed to be that to
which the other has been united as an ornament,
or for its use or perfection.
Art. 468. If it cannot be determined by the rule
given in the preceding article which of the two
things incorporated is the principal one, the thing
of the greater value shall be so considered, and
as between two things of equal value, that of the
greater volume.
In painting and sculpture, writings,
printed matter, engraving and lithographs, the
board, metal, stone, canvas, paper or parchment
shall be deemed the accessory thing.
THE PRINCIPAL IS THAT:
1. To which the accessory has been united as
ornament or for its use or perfection
2. Of greater value, if they are of unequal value
3. Of greater volume, if they are of equal value
4. That of greater merits.
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even if damages will

Art. 469. Whenever the things united can be be caused to the
separated without injury, their respective owners principal (expenses
may demand their separation. to be borne by one
Nevertheless, in case the thing united for who caused the
the use, embellishment or perfection of the other, conjunction)
is much more precious than the principal thing, OP =GF 1. owns the 1. loses the thing
the owner of the former may demand its OA = BF accessory incorporated
separation, even though the thing to which it has 2. right to 2. indemnify the OP
been incorporated may suffer some injury. damages for the damages
OP may have
WHEN SEPARATION ALLOWED: suffered
1. Separation without injury OP = BF 1. pay OA Right to choose
2. Separation with injury accessory is much OA = GF value of between
more precious than the principal, the owner accessory 1. OP paying him its
of the former may demand its separation or value or
even though the principal may suffer injury. 2. principal 2. That the thing
3. Owner of principal in bad faith and belonging to him
accessory be separated
be even though it be
Art. 470. Whenever the owner of the accessory separated necessary to
thing has made the incorporation in bad faith, he PLUS destroy the
shall lose the thing incorporated and shall have Liability for principal thing
the obligation to indemnify the owner of the damages
principal thing for the damages he may have
suffered.
If the one who has acted in bad faith is the Art. 472. If by the will of their owners two things
owner of the principal thing, the owner of the of the same or different kinds are mixed, or if the
accessory thing shall have a right to choose mixture occurs by chance, and in the latter case
between the former paying him its value or that the things are not separable without injury, each
the thing belonging to him be separated, even owner shall acquire a right proportional to the
though for this purpose it be necessary to part belonging to him, bearing in mind the value
destroy the principal thing; and in both cases, of the things mixed or confused.
furthermore, there shall be indemnity for Art. 473. If by the will of only one owner, but in
damages. good faith, two things of the same or different
If either one of the owners has made the kinds are mixed or confused, the rights of the
incorporation with the knowledge and without the owners shall be determined by the provisions of
objection of the other, their respective rights the preceding article.
shall be determined as though both acted in good If the one who caused the mixture or
faith. confusion acted in bad faith, he shall lose the
Art. 471. Whenever the owner of the material thing belonging to him thus mixed or confused,
employed without his consent has a right to an besides being obliged to pay indemnity for the
indemnity, he may demand that this consist in the damages caused to the owner of the other thing
delivery of a thing equal in kind and value, and in with which his own was mixed.
all other respects, to that employed, or else in the
price thereof, according to expert appraisal.
QuickTime and a MIXTURE takes place when two or more things
TIFF (Uncompressed) decompressor
are needed to see this picture.
Owner of Owner of Accessory belonging to different owners are mixed or combined
Principal (OP) (OA)
OP = GF Acquires the May separate them if KINDS:
OA = GF accessory, no injury will be 1. Commixtion mixture of solid things
indemnifying caused; if value of 2. Confusion mixture of liquid things
Or the former accessory is greater
owner thereof than principal, owner RULES:
OP = BF for its value of accessory may 1. Mixture by the will of the owners their rights
OA = GF demand separation shall be governed by their stipulations.

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Without stipulation, each acquires a right or 3. OM cannot appropriate if the value of the
interest in proportion to the value of his work is considerably more than the value of
material the material due to artistic or scientific
2. Mixture caused by an owner in GF or by importance
chance each share shall still be in
proportion to the value of their thing COMPARISON OF THE 3 TYPES OF ACCESSION
3. Mixture caused by owner in BF the actor OF MOVABLES
forfeits his thing and is liable for damages Adjunction Mixture Specification
Involves at Involves Involves at
Art. 474. One who in good faith employs the least 2 at least 2 least 2 things
material of another in whole or in part in order to things things
make a thing of a different kind, shall appropriate As a rule, As a rule, As a rule,
the thing thus transformed as his own, accessory co- accessory
indemnifying the owner of the material for its follows ownership follows
value. principal results principal
If the material is more precious than the The things May either The new
transformed thing or is of more value, its owner joined retain retain or object retains
may, at his option, appropriate the new thing to their nature lose or preserves
himself, after first paying indemnity for the value respective the nature of
of the work, or demand indemnity for the natures the original
material. object
If in the making of the thing bad faith
intervened, the owner of the material shall have NOTE: See property annexes
the right to appropriate the work to himself
without paying anything to the maker, or to
demand of the latter that he indemnify him for the QUIETING OF TITLE
value of the material and the damages he may
have suffered. However, the owner of the material Art. 476. Whenever there is a cloud on title to real
cannot appropriate the work in case the value of property or any interest therein, by reason of any
the latter, for artistic or scientific reasons, is instrument, record, claim, encumbrance or
considerably more than that of the material. proceeding which is apparently valid or effective
Art. 475. In the preceding articles, sentimental but is in truth and in fact invalid, ineffective,
value shall be duly appreciated. voidable, or unenforceable, and may be
prejudicial to said title, an action may be brought
SPECIFICATION means the giving of a new form to to remove such cloud or to quiet the title.
a material belonging to another person through the An action may also be brought to prevent
application of labor or industry. a cloud from being cast upon title to real property
or any interest therein.
RULES: Art. 477. The plaintiff must have legal or equitable
1. When the maker (considered principal) is in title to, or interest in the real property which is
GF the subject matter of the action. He need not be in
a. Appropriate but must indemnify the possession of said property.
owner of the material Art. 478. There may also be an action to quiet title
b. May not appropriate material or remove a cloud therefrom when the contract,
transformed is worth more than the instrument or other obligation has been
new thing.QuickTime The OM and amay: extinguished or has terminated, or has been
i.TIFFare(Uncompressed)
appropriate decompressor
the new thing
needed to see this picture. barred by extinctive prescription.
subject to the payment of the Art. 479. The plaintiff must return to the
value of the work, or defendant all benefits he may have received from
ii. demand indemnity for the the latter, or reimburse him for expenses that
material with damages may have redounded to the plaintiff's benefit.
2. When the maker is in BF Art. 480. The principles of the general law on the
a. OM can appropriate the work without quieting of title are hereby adopted insofar as
paying for the labor or industry they are not in conflict with this Code.
b. OM can demand indemnity plus
damages

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Art. 481. The procedure for the quieting of title or 1. of an instrument (deed or contract) or record
the removal of a cloud therefrom shall be or claim or encumbrance or proceeding
governed by such rules of court as the Supreme 2. which is APPARENTLY valid or effective
Court shall promulgated. 3. BUT is, in truth and in fact, invalid,
ineffective, voidable, or unenforceable, or
extinguished (or terminated) or barred by
REASONS:
1. prevent litigation extinctive prescription
2. protect true title & possession 4. AND may be prejudicial to the title
3. real interest of both parties which requires
that precise state of title be known DISTINCTIONS BETWEEN ACTION FOR
QUIETING OF TITLE AND ACTION FOR
REMOVAL OF CLOUD:
ACTION TO QUIET TITLE
Basis Action to Quiet Action to
put end to vexatious litigation in respect to
Title Remove Cloud
property involved; plaintiff asserts his own
estate & generally declares that defendants 1 Purpose Put an end to Procure
claim is w/o foundation vexatious cancellation,
litigation in release of an
remedial
respect to the instrument,
Not suits in rem nor personam but suits
property encumbrance or
against a particular person or persons in
concerned claim in the
respect to the res (quasi in rem)
plaintiffs title-
May not be brought for the purpose of which affects the
settling a boundary disputes title or enjoyment
Applicable to real property or any interest of the property
therein. The law, however, does not exclude 2 Nature Plaintiff asserts Plaintiff declares
personal property from actions to quiet title. own claim and his own claim
An action to quiet title brought by the person declares that the and title, and at
in possession of the property is claim of the the same time
IMPRESCRIPTIBLE. defendant is indicates the
If he is not in possession, he must invoke his unfounded and source and
remedy within the prescriptive period. calls on the nature of the
defendant to defendants
CLASSIFICATION: justify his claim claim, pointing its
1. Remedial action one to remove cloud on on the property defects and prays
title that the same for the
2. Preventive action on to prevent the casting may be declaration of its
of a (threatened ) cloud on the title. determined by invalidity
the court
ACTION TO REMOVE CLOUD
intended to procure cancellation, delivery, RUINOUS BUILDINGS AND TREES IN DANGER
release of an instrument, encumbrance, or OF FALLING
claim constituting a on plaintiffs title which
may be used to injure or vex him in the
enjoyment of his title Art. 482. If a building, wall, column, or any other
preventive construction is in danger of falling, the owner
Cloud any instrument which is inoperative shall be obliged to demolish it or to execute the
but has semblance QuickTime and a
of title necessary work in order to prevent it from falling.
TIFF (Uncompressed) decompressor

REQUISITES
are needed to see this picture.
1. Plaintiff must have legal or equitable
interest
2. Need not be in possession of property
3. Return to defendant all benefits received
he who wants justice must do justice
EXISTENCE OF CLOUD:
If the proprietor does not comply with this
obligation, the administrative authorities may
order the demolition of the structure at the
expense of the owner, or take measures to insure
public safety.
Art. 483. Whenever a large tree threatens to fall in
such a way as to cause damage to the land or
tenement of another or to travelers over a public
or private road, the owner of the tree shall be

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obliged to fell and remove it; and should he not 1. plurality of subjects many owners
do so, it shall be done at his expense by order of 2. unity of material (indivision) of object of
the administrative authorities. ownership
3. recognition of ideal shares
Liability for damages:
1. collapse engineer, architect or contractor CAUSES/SOURCES
2. collapse resulting from total or partial 1. law
damage; no repair made owner; state may 2. contracts
compel him to demolish or make necessary 3. succession
work to prevent if from falling 4. fortuitous event/chance commixtion
3. if no action done by government at 5. occupancy 2 persons catch a wild animal
expense of owner 6. donation

Juan F. Nakpil & Sons v. CA 144 SCRA 596 (1986) KINDS OF CO-OWNERSHIP:
FACTS: 1. Ordinary right of partition exists
Early morning of Aug. 2 1968 an unusually 2. Compulsory no right partition exists (party
strong earthquake hit Manila and its environs and the wall)
building in question sustained major damages. To 3. Legal created by law
escape liability, the contractor and architect claim that 4. Contractual created by contract
it was due to force majeure or and act of God. 5. Universal over universal things (co-heirs)
6. Singular or Particular over particular or
ISSUE: specific thing
w/n the contractor and architect are liable 7. Incidental exists independently of the will of
the parties
HELD:
YES. Having made substantial deviations DISTINGUISHED FROM PARTNERSHIP
from the plans and specifications, having failed to Co-Ownership Partnership
observe requisite workmanship in construction, and Legal No legal Has legal or
the architect made plans that contain defects and personality personality juridical
inadequacy, both contractor and architect cannot personality
escape liability. To constitute an act of god the Source Created by Created by
following must concur: 1) the cause of the breach of contract or contract only
obligation must be independent of the will of the other things (express or
debtor 2) the event must be either unforeseeable or implied)
unavoidable 3) the event must be such as to render it Purpose Collective Profit
impossible for the debtor to fulfill his obligation in a enjoyment of a
normal manner 4) the debtor must be free form any thing
participation in, or aggravation of the injury to the Term Agreement for No term limit
creditor. it to exist for 10 set by law
years valid (If
more than 10
Title III - CO-OWNERSHIP years, the
excess is void)
Art. 484. There is co-ownership whenever the
(NOTE: 20
ownership of an undivided thing or right belongs
years is the
to different persons. QuickTime and a
TIFF (Uncompressed) decompressor maximum if
In default of contracts,
are needed to see this picture.or of special
imposed by
provisions, co-ownership shall be governed by
the testator
the provisions of this Title.
or donee of
the common
CO-OWNERSHIP is that form of ownership which property)
exists whenever an undivided thing or right belongs Representation As a rule, no As a rule,
to different persons. mutual there is
representation mutual
REQUISITES: representatio

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n proportional to their respective interests. Any

Effect of death Not dissolved Dissolved by stipulation in a contract to the contrary shall be
by death or the death or void.
incapacity of a incapacity of The portions belonging to the co-owners
co-owner a partner in the co-ownership shall be presumed equal,
Substitution Can dispose of Cannot unless the contrary is proved.
his share substitute Art. 486. Each co-owner may use the thing owned
without consent another as in common, provided he does so in accordance
of others partner in his with the purpose for which it is intended and in
place without such a way as not to injure the interest of the co-
consent of ownership or prevent the other co-owners from
others using it according to their rights. The purpose of
Profits Must always May be the co-ownership may be changed by agreement,
depend on stipulated express or implied.
proportionate upon Art. 487. Any one of the co-owners may bring an
shares action in ejectment.
Art. 488. Each co-owner shall have a right to
DISTINGUISHED FROM JOINT TENANCY: compel the other co-owners to contribute to the
Co-ownership Joint Tenancy expenses of preservation of the thing or right
Shares Involves a Involves a owned in common and to the taxes. Any one of
physical whole. physical whole. the latter may exempt himself from this obligation
But there is an But there is no by renouncing so much of his undivided interest
ideal (abstract) ideal (abstract) as may be equivalent to his share of the
division; each co- division; each expenses and taxes. No such waiver shall be
owner being the and all of them made if it is prejudicial to the co-ownership.
owner of his ideal own the whole
share thing
Disposal Each co-owner Each co-owner RIGHTS OF CO-OWNERS:
of shares may dispose of may not dispose 1. Right to benefits proportional to respective
his ideal or of his own share interest; stipulation to contrary is void
undivided share without the 2. Right to use thing co-owned
(without consent of all the a. for purpose for which it is intended
boundaries) rest, because he b. without prejudice to interest of
without the really has no ownership
others consent ideal share c. without preventing other co-owners
Effect of If a co-owner If a joint tenant from making use thereof
death dies, his share dies, his share 3. Right to change purpose of co-ownership by
goes to his own goes by accretion agreement
heirs to the other joint- 4. Right to bring action in ejectment in behalf of
tenants by virtue other co-owner
of their 5. Right to compel co-owners to contribute to
survivorship or necessary expenses for preservation of thing
jus accrecendi and taxes
Effect of If a co-owner is a If one joint-tenant 6. Right to exempt himself from obligation of
disability minor, this does is under legal paying necessary expenses and taxes by
not benefit the QuickTime andisability
da (like renouncing his share in the pro-indiviso
othersTIFF (Uncompressed) decompressor
forneeded
are the to see this piminority),
cture. this interest; but cant be made if prejudicial to co-
purpose of benefits the other ownership
prescription, and against whom 7. Right to make repairs for preservation of
prescription prescription will things can be made at will of one co-owner;
therefore runs not run receive reimbursement therefrom; notice of
against them necessity of such repairs must be given to
co-owners, if practicable
8. Right to full ownership of his part and fruits
Art. 485. The share of the co-owners, in the
benefits as well as in the charges, shall be

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9. Right to alienate, assign or mortgage own
part; except personal rights like right to use
and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
Mariano v CA 222 SCRA 736 (1993)
Redemption of the whole property by a co-
owner does not vest in him sole ownership over said
property. Redemption within the period prescribed by
law by a co-owner will inure to the benefit of all co-
owners. Hence, it will not put an end to existing co-
ownership.
13. Right to be adjudicated thing (subject to right
of others to be indemnified)
14. 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
Art. 489. Repairs for preservation may be made at
the will of one of the co-owners, but he must, if
practicable, first notify his co-owners of the
necessity for such repairs. Expenses to improve
or embellish the thing shall be decided upon by a
majority as determined in Article 492.
Art. 490. Whenever the different stories of a
house belong to different owners, if the titles of
ownership do not specify the terms under which
they should contribute to the necessary
expenses and there exists no agreement on the
subject, the following rules shall be observed:
(1) The main and party walls, the roof and
the other things used in common, shall be
preserved at the expense of all the owners in
proportion to the value of the story belonging to
each;
(2) Each owner shall bear the cost of
maintaining the floor of his story; the floor of the
entrance, front door, common yard and sanitary
works common to all, shall be maintained at the
expense of all the owners pro rata;
(3) The stairs from the entrance to the first
story shall be maintained at the expense of all the
owners pro rata, with the exception
QuickTime and a of the owner
TIFF (Uncompressed) decompressor
of the ground floor; the
are stairs
needed from
to see this picture. the first to the
second story shall be preserved at the expense of
all, except the owner of the ground floor and the
owner of the first story; and so on successively.
Art. 491. None of the co-owners shall, without the
consent of the others, make alterations in the
thing owned in common, even though benefits for
all would result therefrom. However, if the
withholding of the consent by one or more of the
co-owners is clearly prejudicial to the common
interest, the courts may afford adequate relief.
Art. 492. For the administration and better
enjoyment of the thing owned in common, the
resolutions of the majority of the co-owners shall
be binding.
There shall be no majority unless the
resolution is approved by the co-owners who
represent the controlling interest in the object of
the co-ownership.
Should there be no majority, or should the
resolution of the majority be seriously prejudicial
to those interested in the property owned in
common, the court, at the instance of an
interested party, shall order such measures as it
may deem proper, including the appointment of
an administrator.
Whenever a part of the thing belongs exclusively
to one of the co-owners, and the remainder is
owned in common, the preceding provision shall
apply only to the part owned in common. (398)
Art. 493. Each co-owner shall have the full
ownership of his part and of 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 rights are involved. But the
effect of the alienation or the mortgage, with
respect to the co-owners, shall be limited to the
portion which may be alloted to him in the
division upon the termination of the co-
ownership.
Art. 494. No co-owner shall be obliged to remain
in the co-ownership. Each co-owner may demand
at any time the partition of the thing owned in
common, insofar as his share is concerned.
Nevertheless, an agreement to keep the
thing undivided for a certain period of time, not
exceeding ten years, shall be valid. This term may
be extended by a new agreement.
A donor or testator may prohibit partition
for a period which shall not exceed twenty years.
Neither shall there be any partition when it is
prohibited by law.
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
recognizes the co-ownership.
Art. 495. Notwithstanding the provisions of the
preceding article, the co-owners cannot demand
a physical division of the thing owned in
common, when to do so would render it
unserviceable for the use for which it is intended.
But the co-ownership may be terminated in
accordance with Article 498.
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Art. 496. Partition may be made by agreement
between the parties or by judicial proceedings.
Partition shall be governed by the Rules of Court
insofar as they are consistent with this Code.
(402)
Art. 497. The creditors or assignees of the co-
owners may take part in the division of the thing
owned in common and object to its being
effected without their concurrence. But they
cannot impugn any partition already executed,
unless there has been fraud, or in case it was
made notwithstanding a formal opposition
presented to prevent it, without prejudice to the
right of the debtor or assignor to maintain its
validity.
Art. 498. Whenever the thing is essentially
indivisible and the co-owners cannot agree that it
be allotted to one of them who shall indemnify
the others, it shall be sold and its proceeds
distributed.
Art. 499. The partition of a thing owned in
common shall not prejudice third persons, who
shall retain the rights of mortgage, servitude or
any other real rights belonging to them before the
division was made. Personal rights pertaining to
third persons against the co-ownership shall also
remain in force, notwithstanding the partition.
DUTIES/ LIABILITIES
1. Share in charges proportional to respective
interest; stipulation to contrary is void
2. Pay necessary expenses and taxes may be
exercised by only one co-owner
3. Pay useful and luxurious expenses if
determined by majority
4. Duty to obtain consent of all if thing is to be
altered even if beneficial; resort to court if
non-consent is manifestly prejudicial
5. 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
6. No prescription to run in favor co-owner as
long as he recognizes the co-ownership;
requisites for acquisition
QuickTimethrough
and a
a. he TIFFare(Uncompressed)
has decompressor
needed to seerepudiated
this picture.
unequivocal acts
b. such act of repudiation is made
known to other co-owners
c. evidence must be clear and
convincing
7. Co-owners cannot ask for physical division if
it would render thing unserviceable; but can
terminate co-ownership
8. After partition, duty to render mutual
accounting of benefits and reimbursements
for expenses
RIGHTS TO 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
PARTITION:
General Rule: No co-owner shall be obliged to
remain in the co-ownership. Each co-owner
may at any time demand the partition of the
thing owned in common, insofar as his share
is concerned.
Exception: When a co-owner may not
successfully demand a partition
1. if by agreement ( for a period not
exceeding 10 years) partition is
prohibited
2. when partition is prohibited by a donor
or testator (for a period not exceeding
20 years) from whom the property
came
3. when partition is prohibited by laws
4. when a physical partition would render
the property unserviceable, but in this
case, the property may be allotted to
one of the co-owners, who shall
indemnify the others, or it will be sold,
and the proceeds distributed
5. when the legal nature of the common
property does not allow partition
REQUISITES OF REPUDIATION:
1. Unequivocal acts of repudiation of the co-
ownership amounting to an ouster of the
other co-owners
2. positive acts of repudiation have been made
known
prescription
3. the evidence is clear and conclusive
through
4. open, continuous, exclusive, notorious
possession
PRESCRIPTION
General Rule: Prescription does not adversely
affect a co-owner or co-heir. A co-owner cannot
acquire the whole property as against the other
co-owners
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Exception: valid repudiation prescription
shall start from such repudiation
Exception to exception: In constructive
trusts, prescription does not run.
Paulmitan v CA 215 SCRA 866 (1992)
Even if a co-owner sells the whole property
as his, the sale will affect only his own share but not
those of the other co-owners who did not consent to
the sale.
A sale of the entire property by one co-owner
without the consent of the other co-owners is not null
and void but affects only his undivided share and the
transferee gets only what would correspond to his
grantor in the partition of the thing owned in common.
Art. 500. Upon partition, there shall be a mutual
accounting for benefits received and
reimbursements for expenses made. Likewise,
each co-owner shall pay for damages caused by
reason of his negligence or fraud.
Art. 501. Every co-owner shall, after partition, be
liable for defects of title and quality of the portion
assigned to each of the other co-owners.
OBLIGATIONS OF CO-OWNERS UPON
PARTITION
1. Mutual accounting of benefits received, for
the fruits and other benefits of the thing
belonging to all co-owners.
2. Mutual reimbursements for necessary
expenses.
3. Indemnity for damages caused by reason of
negligence or fraud
4. Reciprocal warranty for defects of title or
quality of the portion assigned to co-owner.
Title V: POSSESSION
Art. 523. Possession is the holding of a thing or
the enjoyment of a right.
POSSESSION is the holding of a thing or enjoyment
of a right QuickTime and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
REQUISITES:
1. occupancy actual or constructive (corpus)
2. intent to possess (animus possidendi)
3. must be by virtue of ones own right
EXTENT OF POSSESSION:
1. physical/actual occupancy in fact of the
whole or at least substantially the whole
2. constructive occupancy in part in the name
of the whole under such circumstances that
the law extends the occupancy to the
possession of the whole
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 (grammatical degree)
Ex. possession of a thief
2. possession with juridical title but not that of
owner (juridical possession)
Ex. that of a lessee, pledge, depositary
3. possession with just title but not from true
owner (also called the possessory right)
Ex. A in good faith buys a car from B who
delivers the same to A but B merely
pretended to be the owner
4. possession with just title from true owner
Art. 524. Possession may be exercised in one's
own name or in that of another.
Art. 525. The possession of things or rights may
be had in one of two concepts: either in the
concept of owner, or in that of the holder of the
thing or right to keep or enjoy it, the ownership
pertaining to another person.
ACQUISITION OF POSSESSION FROM THE
VIEWPOINT OF WHO POSSESSES:
1. Personal
Requisites:
a. Intent to possess
b. Capacity to possess
c. Object must be capable of being
possessed
2. thru authorized person (agent or legal
representative)
Requisites:
a. intent to possess for principal (not for
agent)
b. authority or capacity to possess (for
another)
c. principal has intent and capacity to
possess
3. thru Unauthorized person (but only if
subsequently ratified)
Requisites:
a. intent to possess for another (the
principal)
b. capacity of principal to possess
c. ratification by principal
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CLASSES OF POSSESSION:
1. in concept of owner owner himself or
adverse possessor
Effects:
a. may be converted into ownership
through acquisitive prescription
b. bring actions necessary to protect
possession
c. ask for inscription of possession
d. demand fruits and damages from
one unlawfully detaining property
2. in concept of holder usufruct, lessee, bailee
in commodatum
3. in oneself personal acquisition
a. he must have capacity to acquire
possession
b. intent to possess
c. possibility to acquire possession
4. in name of another agent; subject to
authority and ratification if not authorized;
negotiorum gestio
a. Voluntary as when an agent
possesses for the principal
b. Necessary as when a mother
possesses for a child still in the
maternal womb
c. Unauthorized this will become the
principals possession only after
there has been a ratification without
prejudice to the effects of negotiorum
gestio
Heirs of Roman Soriano v CA 363 SCRA 86 (2001)
The exercise of right of ownership yields to
exercise of the rights of the agricultural tenant.
Possession and ownership are distinct legal
concepts. Ownership confers certain rights to the
owner, among which are the right to enjoy the thing
owned and the right to exclude other persons from
possession thereof. On the other hand, possession
is defined as the holding of a thing or the enjoyment
of a right. Literally, to possess means to actually and
physically occupy a thing with or without a right.
Thus, a person may be declared an owner but he
may not be entitled to possession.
QuickTime and a
TIFF (Uncompressed) decompressor
Art. 526. He is deemed a possessor
are needed to see this picture. in good faith
who is not aware that there exists in his title or
mode of acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith
who possesses in any case contrary to the
foregoing.
Mistake upon a doubtful or difficult
question of law may be the basis of good faith.
Art. 527. Good faith is always presumed, and
upon him who alleges bad faith on the part of a
possessor rests the burden of proof.
Art. 528. Possession acquired in good faith does
not lose this character except in the case and
from the moment facts exist which show that the
possessor is not unaware that he possesses the
thing improperly or wrongfully.
Art. 529. It is presumed that possession
continues to be enjoyed in the same character in
which it was acquired, until the contrary is
proved.
Art. 530. Only things and rights which are
susceptible of being appropriated may be the
object of possession.
POSSESSOR IN GOOD FAITH is one who is not
aware that there exist flaw in title or mode w/c
invalidates it
POSSESSOR IN BAD FAITH is one who is aware of
defect.
Art. 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 the action of our
will, or by the proper acts and legal formalities
established for acquiring such right.
Art. 532. Possession may be acquired by the
same person who is to enjoy it, by his legal
representative, by his agent, or by any person
without any power whatever: but in the last case,
the possession shall not be considered as
acquired until the person in whose name the act
of possession was executed has ratified the
same, without prejudice to the juridical
consequences of negotiorum gestio in a proper
case.
WAYS OF ACQUIRING POSSESSION
1. Material occupation or exercise of a right
a. Tradicion brevi manu takes place
when one already in possession of a
thing by a title other than ownership
continues to possess the same under a
new title, that of ownership
b. Tradicion constitutum possessorium
happens when the owner continues in
possession of the property alienated not
as owner but in some other capacity.
2. By the subjection of the thing or right to our
will
a. Tradicion longa manu effected by
mere consent or agreement of the
parties
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b. Tradicion simbolica effected by
delivering an object (such as key)
symbolizing the placing of one thing
under the control of the vendee
3. By proper acts and legal formalities
established for acquiring such right of
possession
Art. 533. The possession of hereditary property is
deemed transmitted to the heir without
interruption and from the moment of the death of
the decedent, in case the inheritance is accepted.
One who validly renounces an inheritance
is deemed never to have possessed the same.
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.
Effects: time of acquisition
a. Heir accepts from the moment of death
since there is no interruption. (moreover,
the possession of the deceased is to be
added to the possession of the heir)
b. Heir refuses (or is incapacitated to
inherit) he is deemed never to have
possessed the same
Art. 534. On who succeeds by hereditary title
shall not suffer the consequences of the wrongful
possession of the decedent, if it is not shown that
he was aware of the flaws affecting it; but the
effects of possession in good faith shall not
benefit him except from the date of the death of
the decedent.
Art. 535. Minors and incapacitated persons may
acquire the possession of things;
QuickTime and a but they need
TIFF (Uncompressed) decompressor
the assistance of their
are neededlegal
to see thisrepresentatives
picture.
order to exercise the rights which from the
possession arise in their favor.
MINORS/INCAPACITATED
may acquire material possession but not right
to possession; may only acquire them through
guardian or legal representatives
Art. 536. In no case may possession be acquired
through force or intimidation as long as there is a
possessor who objects thereto. He who believes
that he has an action or a right to deprive another
of the holding of a thing, must invoke the aid of
the competent court, if the holder should refuse
to deliver the thing.
Art. 537. Acts merely tolerated, and those
executed clandestinely and without the
knowledge of the possessor of a thing, or by
violence, do not affect possession.
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
a. acts merely tolerated
b. clandestine and unknown acts
c. acts of violence
Art. 538. Possession as a fact cannot be
recognized at the same time in two different
personalities except in the cases of co-
possession. 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 pending
determination of its possession or ownership
through proper proceedings.
IN CASES OF DISPUTE REGARDING
POSSESSION, THE ORDER OF PREFERENCE:
1. Present or actual possessor shall be
preferred
2. 2 possessors longer in possession
3. If dates are the same possessor with a title
4. If all of the above are equal the fact of
possession shall be judicially determined.
in Art. 539. Every possessor has a right to be
respected in his possession; and should he be
disturbed therein he shall be protected in or
restored to said possession by the means
established by the laws and the Rules of Court.
A possessor deprived of his possession
through forcible entry may within ten days from
the filing of the complaint present a motion to
secure from the competent court, in the action for
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forcible entry, a writ of preliminary mandatory
injunction to restore him in his possession. The
court shall decide the motion within thirty (30)
days from the filing thereof.
Art. 540. Only the possession acquired and
enjoyed in the concept of owner can serve as a
title for acquiring dominion.
Art. 541. A possessor in the concept of owner has
in his favor the legal presumption that he
possesses with a just title and he cannot be
obliged to show or prove it.
Art. 542. The possession of real property
presumes that of the movables therein, so long
as it is not shown or proved that they should be
excluded.
Art. 543. Each one of the participants of a thing
possessed in common shall be deemed to have
exclusively possessed the part which may be
allotted to him upon the division thereof, for the
entire period during which the co-possession
lasted. Interruption in the possession of the
whole or a part of a thing possessed in common
shall be to the prejudice of all the possessors.
However, in case of civil interruption, the Rules of
Court shall apply.
RIGHTS OF POSSESSION:
1. Right to be respected in his possession; if
disturbed protected by means established
by law; spoliation
2. Possession acquired and enjoyed in concept
of owner can serve as title for acquisitive
prescription
a. Possession has to be in concept of
owner, public, peaceful
uninterrupted
b. Title short of ownership
3. Person in concept of owner has in his favor
the legal presumption of just title (prima
facie)
4. Possession of real property presumes that
movables are included
5. 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 QuickTime and a
6. Possessor TIFF
inare(Uncompressed)
good faith entitled to fruits
decompressor
needed to see this picture.
received before possession is legally
interrupted ( natural and industrial gathered
or severed; civil accrue daily )
7. 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
8. 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
9. 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
10. 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.
11. 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
12. Improvements caused by nature or time to
inure to the benefit of person who has
succeeded in recovering possession
13. Wild animals possessed while in ones
control; domesticated possessed if they
retain habit of returning back home
14. One who recovers, according to law,
possession unjustly lost is deemed to have
enjoyed it w/o interruption
and
Art. 544. A possessor in good faith is entitled to
the fruits received before the possession is
legally interrupted.
Natural and industrial fruits are
considered received from the time they are
gathered or severed.
Civil fruits are deemed to accrue daily and
belong to the possessor in good faith in that
proportion.
Art. 545. If at the time the good faith ceases, there
should be any natural or industrial fruits, the
possessor shall have a right to a part of the
expenses of cultivation, and to a part of the net
harvest, both in proportion to the time of the
possession.
The charges shall be divided on the same
basis by the two possessors.
The owner of the thing may, should he so
desire, give the possessor in good faith the right
to finish the cultivation and gathering of the
growing fruits, as an indemnity for his part of the
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expenses of cultivation and the net proceeds; the Art. 553. One who recovers possession shall not
possessor in good faith who for any reason be obliged to pay for improvements which have
whatever should refuse to accept this ceased to exist at the time he takes possession of
concession, shall lose the right to be indemnified the thing.
in any other manner.
Art. 546. Necessary expenses shall be refunded
to every possessor; but only the possessor in
If in Good Faith If in Bad Faith
good faith may retain the thing until he has been
Useful 1. right to The possessor
reimbursed therefor.
expenses reimbursement of in bad faith is
Useful expenses shall be refunded only to
either the amount not entitled to
the possessor in good faith with the same right of
spent or the any right
retention, the person who has defeated him in the
increase in value regarding the
possession having the option of refunding the
plus value useful
amount of the expenses or of paying the increase
at owners option expenses. A
in value which the thing may have acquired by
(art. 546) builder or
reason thereof.
2. right of retention possessor in
Art. 547. If the useful improvements can be
until paid bad faith is not
removed without damage to the principal thing,
3. right of removal entitled to
the possessor in good faith may remove them,
(provided no indemnity for
unless the person who recovers the possession
substantial any useful
exercises the option under paragraph 2 of the
damage or injury improvement
preceding article.
is caused to the on the
Art. 548. Expenses for pure luxury or mere
principal, premises
pleasure shall not be refunded to the possessor
reducing its because of Art.
in good faith; but he may remove the ornaments
value) UNLESS 449
with which he has embellished the principal thing
the winner
if it suffers no injury thereby, and if his successor
(owner or lawful
in the possession does not prefer to refund the
possessor)
amount expended.
exercises the
Art. 549. The possessor in bad faith shall
option in (1)
reimburse the fruits received and those which the
Luxurious or In general, no right to In general, no
legitimate possessor could have received, and
Ornamental refund or retention right of refund
shall have a right only to the expenses mentioned
Expenses but can remove if no or retention but
in paragraph 1 of Article 546 and in Article 443.
substantial injury is can remove if
The expenses incurred in improvements for pure
caused. However, no substantial
luxury or mere pleasure shall not be refunded to
owner has OPTION injury is
the possessor in bad faith, but he may remove
to allow: caused.
the objects for which such expenses have been
a. possessor to However,
incurred, provided that the thing suffers no injury
remove owner has
thereby, and that the lawful possessor does not
b. or retain for OPTION to
prefer to retain them by paying the value they
himself (the allow:
may have at the time he enters into possession.
owner) the 1. possessor
Art. 550. The costs of litigation over the property
ornament by to remove
shall be borne by every possessor. (n)
refunding the 2. or retain for
Art. 551. Improvements caused by nature or time
amount spent himself (the
shall always insure to the benefit of the person
(art. 548) owner) the
who has succeeded inQuickTime
recovering
TIFF (Uncompressed)
and a
decompressor possession.
are needed to see this picture. ornament
(456)
by
Art. 552. A possessor in good faith shall not be
refunding
liable for the deterioration or loss of the thing
the value it
possessed, except in cases in which it is proved
has at the
that he has acted with fraudulent intent or
time owner
negligence, after the judicial summons.
enters into
A possessor in bad faith shall be liable for
possession
deterioration or loss in every case, even if caused
(art. 549)
by a fortuitous event.

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control of the possessor, even though for the

Regarding Gathered or severed gathered fruits time being he may not know their whereabouts.
fruits or harvested fruits are must return Art. 557. The possession of immovables and of
his own value of fruits real rights is not deemed lost, or transferred for
already purposes of prescription to the prejudice of third
received as well persons, except in accordance with the
as value of provisions of the Mortgage Law and the Land
fruits which the Registration laws.
owner or Art. 558. Acts relating to possession, executed or
legitimate agreed to by one who possesses a thing
Pending or pending or belonging to another as a mere holder to enjoy or
ungathered fruits ungathered keep it, in any character, do not bind or prejudice
pro-rating between fruits no rights the owner, unless he gave said holder express
possessor and owner at all, not even authority to do such acts, or ratifies them
of expenses, net to expenses for subsequently.
harvest, and charges cultivation
because by
accession, all General Rule re possession as a fact:
should belong Possession as a fact cannot be recognized at the
to the owner, same time in two different personalities
without Exceptions:
indemnity 1. co-possessor there is no conflict of interest,
both of them acting as co-owners, as in the
case of property owned or possessed in
LIABILITIES/ DUTIES OF POSSESSOR common
1. Return of fruits if in bad faith fruits 2. possession of different concepts or different
legitimate possessor could have received degrees
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or RULES OF CRITERIA TO BE USED IN CASE OF
deterioration or loss except when fraud and CONFLICT OR DISPUTE REGARDING
negligence intervened POSSESSION
4. Possessor in bad faith liable for loss or 1. present possessor shall be preferred
deterioration even if caused by fortuitous 2. if both are present, the one longer in
event possession
5. Person who recovers possession not obliged 3. if both began to possess at the same time,
to pay for improvements which have ceased the one who present (or has) title
to exist at the time of occupation 4. if both present a title, the Court will
determine. (Meantime, the thing shall be
Art. 554. A present possessor who shows his judicially deposited.)
possession at some previous time, is presumed
to have held possession also during the LOSS OF POSSESSION
intermediate period, in the absence of proof to 1. abandonment of the thing renunciation of
the contrary. right; intent to lose the thing
Art. 555. A possessor may lose his possession: 2. assignment made to another by onerous or
(1) By the abandonment of the thing; gratuitous title
(2) By an assignment QuickTime and made
a to another 3. destruction or total loss of the thing or thing
either by onerous TIFF
orare(Uncompressed)
gratuitous decompressor
title;
needed to see this picture.
went out of commerce
(3) By the destruction or total loss of the 4. possession of another if new possession
thing, or because it goes out of commerce; lasted longer that 1 year ( possession as a
(4) By the possession of another, subject fact); real right of possession not lost except
to the provisions of Article 537, if the new after 10 years
possession has lasted longer than one year. But
the real right of possession is not lost till after the NOT LOST WHEN:
lapse of ten years. 1. Even for time being he may not know their
Art. 556. The possession of movables is not whereabouts, possession of movable is not
deemed lost so long as they remain under the deemed lost

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2. When agent encumbered property without reimbursement 2. from possessor in

express authority except when ratified good faith (if owner
3. Possession may still be recovered: had lost the property
a. Unlawfully deprived or lost or been unlawfully
b. Acquired at public sale in good faith deprived of it) the
with reimbursement acquisition being
c. Provision of law enabling the apparent from a private person
owner to dispose as if he is owner [art. 559]
d. Sale under order of the court Owner may if possessor acquired the
e. Purchases made at merchant stores, recover but object in good faith at a
fairs or markets should public sale or auction
f. Negotiable document of title REIMBURSE
Owner cannot 1. if possessor had
POSSESSION EQUIVALENT TO TITLE: recover, even if acquired it in good
1. possession is in good faith he offers to faith by purchase
2. owner has voluntarily parted with the reimburse from a merchants
possession of the thing (whether or not store, or in fairs, or
a. possessor is in concept of an owner the owner had markets in
lost or been accordance with the
A NOTICE OF LIS PENDENS is proper in the unlawfully Code of Commerce
following cases, viz: deprived) and special laws
1. action to recover possession of real estate 2. if owner is by his
2. action to quiet title thereto conduct precluded
3. action to remove clouds thereon from denying the
4. action for partition sellers authority to
5. any other proceedings of any kind in Court sell
directly affecting the title to the land or the 3. if possessor had
use or occupation thereof of the buildings obtained the goods
thereon because he was an
innocent purchaser
Art. 559. The possession of movable property for value and holder
acquired in good faith is equivalent to a title. of a negotiable
Nevertheless, one who has lost any movable or document of title to
has been unlawfully deprived thereof may the goods
recover it from the person in possession of the
same. ANIMALS
If the possessor of a movable lost or Wild animals possessor is the one who has control
which the owner has been unlawfully deprived, over them
has acquired it in good faith at a public sale, the Domesticated and tamed animals the possessor
owner cannot obtain its return without does not lose possession as long as habitually they
reimbursing the price paid therefor. (464a) return to the possessors premises
Art. 560. Wild animals are possessed only while - for ownership, the owner must claim them within 20
they are under one's control; domesticated or days from their occupation by another person
tamed animals are considered domestic or tame
if they retain the habit of returning to the
premises of the possessor. (465)
QuickTime and a
Title VI - USUFRUCT
TIFF (Uncompressed) decompressor
Art. 561. One who arerecovers,
needed to see this according
picture. to law,
possession unjustly lost, shall be deemed for all Art. 562. Usufruct gives a right to enjoy the
purposes which may redound to his benefit, to property of another with the obligation of
have enjoyed it without interruption. preserving its form and substance, unless the
title constituting it or the law otherwise provides.
SUMMARY OF RECOVERY OR NON-RECOVERY (467)
PRINCIPLE Art. 563. Usufruct is constituted by law, by the
Owner may 1. from possessor in will of private persons expressed in acts inter
recover without bad faith vivos or in a last will and testament, and by
prescription.

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Art. 564. Usufruct may be constituted on the Coverage Cannot be May be

whole or a part of the fruits of the thing, in favor constituted on constituted in
of one more persons, simultaneously or an easement; favor or, or
successively, and in every case from or to a but it may be burdening, a
certain day, purely or conditionally. It may also be constituted on piece of land held
constituted on a right, provided it is not strictly the land in usufruct
personal or intransmissible. burdened by an
Art. 565. The rights and obligations of the easement
usufructuary shall be those provided in the title Effect of Usually Not extinguished
constituting the usufruct; in default of such title, death extinguished by by the death of
or in case it is deficient, the provisions contained death of the owner of the
in the two following Chapters shall be observed. usufructuary dominant estate

USUFRUCT is the right to enjoy the property of

DISTINGUISHED FROM LEASE:
another with the obligation of preserving its form and
substance, unless the title constituting it or the law Usufruct Lease
otherwise provides Extent Covers all fruits Generally covers
and uses as a only a particular
rule or specific use
CHARACTERISTICS OR ELEMENTS
Nature Is always a real Is a real right only
1. Essential those without which it cannot be
right if, as in the case
termed usufruct
of a lease over
a. It is a real right (whether registered in
real property, the
the Registry of Property or not)
lease is
b. It is of a temporary nature or duration
registered, or is
c. Its purpose is to enjoy the benefits
for more than 1
and derive all advantages from the
year, otherwise, it
object as a consequence of normal
is only a personal
use or exploitation
right
2. Natural that which ordinarily is present, but Creator Can be created The lessor may
only by the or may not be the
a contrary stipulation can eliminate it
owner, or by a owner as when
because it is not essential
a. The obligation of conserving or duly authorized there is a sub-
agent, acting in lease or when the
preserving the form and substance
behalf of the lessor is only a
(value) of the thing
owner usufructuary
3. Accidental those which may be present or Origin May be created May be created
absent depending upon the stipulation of the by law, contract, as a rule only by
parties last will, or contract; and by
a. Whether it be a pure or a conditional prescription way of exception
usufruct by law (as in the
b. The number of years it will exist case of an
c. Whether it is in favor of one person implied new
or several, etc lease, or when a
builder has built
DISTINGUISHED FROM EASEMENTS
QuickTime and a
in good faith on
TIFF (Uncompressed) decompressor the land of
Usufruct
are needed to see this picture. Easement
another a
Object May be real or Involves only real
building, when
personal property
the land is
property
considerably
Extent What can be Easements is
worth more in
enjoyed here limited to a
value than the
are all uses and particular use
building
fruits of the
Cause The owner is The owner or
property
more or less lessor is more or

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passive, and he less active, and must be alive, or at least already

allows the he makes the conceived, at the time of the
usufructuary to lessee enjoy perfection of the donation.
enjoy the thing 4. As to the quality or kind of objects involved
given in usufruct a. Usufruct over rights rights must not
Repairs The usufructuary The lessee be personal or intransmissible in
has the duty to generally has no character so present or future
make the duty to pay for support cannot be an object of
ordinary repairs repairs usufruct
Taxes The usufructuary The lessee b. Usufruct over things
pays for the generally pays no i. Normal (or perfect or regular)
annual charges taxes this involves non-
and taxes on the consumable things where
fruits the form and substance are
As to other A usufructuary The lessee preserved
things may lease the cannot constitute ii. Abnormal (or imperfect or
property itself to a usufruct on the irregular) involves
another property leased consumable things
5. As to terms or conditions
KINDS: a. Pure no term or condition
1. As to Origin b. With a term or period
a. legal created by law such as i. Ex die from a certain day
usufruct of parents over the ii. In diem up to a certain day
properties of their children iii. Ex die in diem from a
b. voluntary or conventional certain day up to a certain
i. created by will of the parties day
inter vivos c. With a condition
ii. created mortis causa i. Suspensive
c. mixed partly created by law and ii. Resolutory
partly by will
d. prescriptive is one acquired by a Art. 566. The usufructuary shall be entitled to all
third person through continuous use the natural, industrial and civil fruits of the
of the usufruct for the period required property in usufruct. With respect to hidden
by law treasure which may be found on the land or
2. As to quantity or extent tenement, he shall be considered a stranger.
a. As to fruits Art. 567. Natural or industrial fruits growing at the
i. Total time the usufruct begins, belong to the
ii. partial usufructuary.
b. As to extent Those growing at the time the usufruct
i. Universal if over the entire terminates, belong to the owner.
patrimony In the preceding cases, the usufructuary, at the
ii. Particular/Singular - if only beginning of the usufruct, has no obligation to
individual things are included refund to the owner any expenses incurred; but
3. As to the number of persons enjoying the the owner shall be obliged to reimburse at the
right termination of the usufruct, from the proceeds of
a. Simple QuickTime
if onlyand one a
usufructuary the growing fruits, the ordinary expenses of
enjoys
TIFF (Uncompressed) decompressor
are needed to see this picture.
cultivation, for seed, and other similar expenses
b. Multiple if several usufructuaries incurred by the usufructuary.
enjoy The provisions of this article shall not
i. Simultaneous at the same prejudice the rights of third persons, acquired
time either at the beginning or at the termination of the
ii. Successive one after the usufruct.
other Art. 568. If the usufructuary has leased the lands
or tenements given in usufruct, and the usufruct
BUT, in this case, if the usufruct is should expire before the termination of the lease,
created by donation, all the donees he or his heirs and successors shall receive only

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the proportionate share of the rent that must be
paid by the lessee. (473)
Art. 569. Civil fruits are deemed to accrue daily,
and belong to the usufructuary in proportion to
the time the usufruct may last. (474)
Art. 570. Whenever a usufruct is constituted on
the right to receive a rent or periodical pension,
whether in money or in fruits, or in the interest on
bonds or securities payable to bearer, each
payment due shall be considered as the proceeds
or fruits of such right.
Whenever it consists in the enjoyment of
benefits accruing from a participation in any
industrial or commercial enterprise, the date of
the distribution of which is not fixed, such
benefits shall have the same character.
In either case they shall be distributed as
civil fruits, and shall be applied in the manner
prescribed in the preceding article.
Art. 571. The usufructuary shall have the right to
enjoy any increase which the thing in usufruct
may acquire through accession, the servitudes
established in its favor, and, in general, all the
benefits inherent therein.
Art. 572. The usufructuary may personally enjoy
the thing in usufruct, lease it to another, or
alienate his right of usufruct, even by a gratuitous
title; but all the contracts he may enter into as
such usufructuary shall terminate upon the
expiration of the usufruct, saving leases of rural
lands, which shall be considered as subsisting
during the agricultural year.
USUFRUCTUARY
RIGHTS OF USUFRUCTUARY: JUS FRUENDI
AND JUST UTENDI
1. Right to civil, natural & industrial fruits of
property
a. Civil Fruits accrue daily
i. Belong to the usufructuary in
proportion in proportion to the time the
usufruct may last
ii. Both stock dividends and cash
dividends are considered civil fruits
b. Industrial and QuickTime
Naturaland Fruits
a
i. fruitsTIFFpending at
(Uncompressed) the beginning of the
decompressor
are needed to see this picture.
usufruct
belong to the usufructuary
no necessity of refunding the owner
for expenses incurred, (for the owner
gave the usufruct evidently without
any thought of being reimbursed for
the pending fruits, or because the
value of said fruits must have already
been taken into consideration in fixing
the terms and conditions of the
usufruct, if for instance, the usufruct
came about because of contract)
BUT without prejudice to the right of
3rd persons. (thus, if the fruits had
been planted by a possessor in good
faith, the pending crop expenses and
charges shall be pro-rated between
said possessor and the usufructuary)
ii. fruits pending at the termination of
usufruct
belong to the owner
BUT the owner must reimburse the
usufructuary for ordinary cultivation
expenses and for seeds and similar
expenses, from the proceeds of the
fruits. (Hence, the excess of
expenses over the proceeds need not
be reimbursed
2. Right to hidden treasure as stranger
3. 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:
a. consumable
b. intended for sale
c. appraised when delivered; if not
appraised & consumable return same
quality (mutuum)
4. Right not exempt from execution and can be
sold at public auction by owner
5. Naked owner still have rights but w/o
prejudice to usufructuary; may still exercise
act of ownership bring action to preserve
6. Right to necessary expenses from cultivation
at end of usufruct
7. Right to enjoy accessions & servitudes in its
favor & all benefits inherent therein
8. Right to make use of dead trunks of fruit
bearing trees & shrubs or those uprooted/cut
by accident but obliged to plant anew
9. 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
10. 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
11. Right to oblige owner to give authority &
furnish him proofs if usufruct is extended to
recover real property or real right
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12. 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
13. Right to set-off improvements against
damages he made against the property
14. Right to administer when property is co-
owned; if co-ownership cease usufruct of
part allotted to co-owner belongs to
usufructuary not affected
15. Right to demand the increase in value of
property if owner did not spend for
extraordinary repairs when urgent &
necessary for preservation of thing
habit of doing, and in default of this, he may do
so in accordance with the custom of the place, as
to the manner, amount and season.
In any case the felling or cutting of trees
shall be made in such manner as not to prejudice
the preservation of the land.
In nurseries, the usufructuary may make the
necessary thinnings in order that the remaining
trees may properly grow.
With the exception of the provisions of
the preceding paragraphs, the usufructuary
cannot cut down trees unless it be to restore or
improve some of the things in usufruct, and in
such case shall first inform the owner of the
necessity for the work.

Art. 573. Whenever the usufruct includes things OBLIGATIONS OF USUFRUCTUARY:

which, without being consumed, gradually 1. Pay expenses to 3rd persons for cultivation &
deteriorate through wear and tear, the production at beginning of usufruct; whose
usufructuary shall have the right to make use who have right to fruits should reimburse
thereof in accordance with the purpose for which expenses incurred
they are intended, and shall not be obliged to 2. Generally, usufructuary has no liability when
return them at the termination of the usufruct due to wear & tear, thing deteriorates,
except in their condition at that time; but he shall obliged to return in that state; except when
be obliged to indemnify the owner for any there is fraud or negligence, then he shall be
deterioration they may have suffered by reason of liable
his fraud or negligence. 3. Before entering into usufructuary:
Art. 574. Whenever the usufruct includes things a. Notice of inventory of property (appraisal
which cannot be used without being consumed, of movables & description)
the usufructuary shall have the right to make use b. Posting of security
of them under the obligation of paying their i. not applicable to parents who are
appraised value at the termination of the usufructuary of children except when
usufruct, if they were appraised when delivered. 2nd marriage contracted
In case they were not appraised, he shall have the ii. excused allowed by owner, not
right to return at the same quantity and quality, or required by law or no one will be
pay their current price at the time the usufruct injured
ceases. (482) failure to give security: owner may
Art. 575. The usufructuary of fruit-bearing trees demand that:
and shrubs may make use of the dead trunks, a. immovables be placed under
and even of those cut off or uprooted by administration
accident, under the obligation to replace them b. NI can be converted into
with new plants. (483a) registered certificates or
Art. 576. If in consequence of a calamity or deposited in bank
extraordinary event, the trees or shrubs shall c. Capital & proceeds of sale of
have disappeared in such considerable number movables be invested in safe
that it would not be possible or it would be too
QuickTime and a
securities
burdensome to replace them,
TIFF (Uncompressed) the usufructuary
decompressor
are needed to see this picture.
d. Interest on proceeds or property
may leave the dead, fallen or uprooted trunks at under admin belong to
the disposal of the owner, and demand that the usufructuary
latter remove them and clear the land. (484a) e. Owner may retain property as
Art. 577. The usufructuary of woodland may enjoy administrator w/ obligation to
all the benefits which it may produce according deliver fruits to usufructuary until
to its nature. he gives sufficient security
If the woodland is a copse or consists of f. Effect of security is retroactive to
timber for building, the usufructuary may do such day he is entitled to fruits
ordinary cutting or felling as the owner was in the

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4. Take care of property as a good father of
family
5. Liable for negligence & fault of person who
substitute him
6. 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
7. 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
8. Obliged to make expenses due to his fault;
cannot escape by renouncing usufruct
9. Pay legal interest from extraordinary
expenses made by owner
10. Payment of expenses, charges & taxes
affecting fruits
11. 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
NAKED OWNER
RIGHTS OF NAKED OWNER
1. Alienate thing
2. Cant alter form or substance
3. Cant do anything prejudicial to usufructuary
4. Construct any works and make any
improvement provided it does not diminish
value or usufruct or prejudice right of
usufructuary
OBLIGATIONS OF OWNER
1. extraordinary expenses; usufructuary obliged
QuickTime and a
to inform owner when
TIFF (Uncompressed)urgent and there is the
decompressor
are needed to see this picture.
need to make them
2. expenses after renunciation of usufruct
3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no
obligation to pay mortgage; if attached,
owner to be liable for whatever is lost by
usufructuary
5. 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. death of usufructuary unless contrary
intention appears
2. expiration of period of usufruct
3. merger of usufruct & ownership
4. renunciation of usufructuary express
5. total loss of thing
6. termination of right of person constituting
usufruct
7. 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
MODES OF ACQUIRING OWNERSHIP: (OLDTIPS)
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual Property
6. Prescription
7. Succession
MODES OF EXTINGUISING OWNERSHIP:
1. Absolute all persons are affected
a. Physical loss or destruction
b. Legal loss or destruction (when it
goes out of the commerce of man)
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2. Relative only for certain persons for others

ma acquire their ownership ANIMALS:
a. Law 1. Swarm of bees
b. Succession - owner shall have right to pursue
c. Tradition as a consequence of them to anothers land (owner to
certain contracts identify latter for damages, if any)
d. Donation - land owner shall occupy/retain the
e. Abandonment bees if after 2 days, owner did not
f. Destruction of the prior title or right pursue the bees
(like expropriation, rescission, 2. Domesticated animals
annulment, fulfillment of a resolutory - may be redeemed within 20 days
condition) from occupation of another person; if
g. Prescription no redemption made, they shall
pertain to the one who caught them
OCCUPATION is the acquisition of ownership by 3. Pigeons & fish
seizing corporeal things that have no owner, made - when they go to another breeding
with the intention of acquiring them, and place, they shall be owned by the
accomplished according to legal rules new owner provided they are not
enticed
REQUISITES:
1. There must be a seizure or apprehension MOVABLES:
(the material holding is not required as long 1. Treasure found on anothers property
as there is right of disposition) 2. Movable found w/c is not treasure:
2. The property seized must be corporeal a. must be returned to owner
personal property b. if finder retains the thing found may be
3. The property seized must be susceptible of charged with theft
appropriation (either abandoned property c. if owner is unknown, give to mayor;
res derelicata, or unowned property res mayor shall announce finding of the
nullius) movable for 2 weeks in way he deems
4. There must be the intent to appropriate best
5. the requisites or conditions of the law must d. of owner does not appear 6 months after
be complied with publication, thing found shall be awarded
to finder
WHAT ARE THE THINGS SUSCEPTIBLE TO e. if owner appears, he is obliged to pay
OCCUPATION? 1/10 of value of property to finder as
things that are w/o owner res nullius; price
abandoned f. if movable is perishable or cannot be
stolen property cannot be subject of occupation kept w/o deterioration or w/o expenses it
shall be sold at public auction 8 days
animals that are the object of hunting & fishing
after the publication
KINDS OF ANIMALS:
a. wild considered res nullius when not yet
captured; when captured & escaped WHAT CANNOT BE ACQUIRED BY
become res nullius again OCCUPATION?
b. domesticated animals originally wild but Ownership of a piece of land
have been captured & tamed; now belong to because when a land is without an owner, it
their capturer; has habit pertains to the state
QuickTime and a of returning to
premises ofTIFFare
(Uncompressed) decompressor
owner; becomes
needed to see this picture. res nullius if land that does not belong to anyone is
they lose that habit of returning & regain their presumed to be public land
original state of freedom but when a property is private and it is
c. domestic/tame animals born & ordinarily abandoned can be object of occupation
raised under the care of people; become res
nullius when abandoned by owner
hidden treasure (only when found on things not
belonging to anyone)
abandoned movables

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PRESCRIPTION is a mode by which one acquires may be express or tacit

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
General Requisites:
a. Capacity to acquire by prescription
b. Thing capable of acquisition by
prescription
c. Possession of thing under certain
conditions
d. Lapse of time provided by law
2. Extinctive
WHO MAY ACQUIRE BY PRESCRIPTION:
1. person who are capable of acquiring property
by other legal modes
2. STATE
3. minors through guardians of personally
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. ordinary
2. extra-ordinary
REQUISITES FOR ORDINARY PRESCRIPTION:
1. possession in good faith
2. just title
3. within time fixed by law
a. 4 years for movables
b. 8 years for immovables
4. in concept of an owner
5. public, peaceful, uninterrupted

AGAINST WHOM PRESCRIPTION RUN: REQUISITES FOR EXTRA-ORDINARY

1. minors & incapacitated person who have PRESCRIPTION:
guardians 1. just title is proved
2. absentees who have administrators 2. within time fixed by law
3. persons living abroad who have a. 10 years for movables
administrators b. 30 years for immovables
4. juridical persons except the state with 3. in concept of an owner
regards to property not patrimonial in 4. public, peaceful, uninterrupted
character
5. between husbands & wife GOOD FAITH
6. between parents & children (during Reasonable belief that person who
minority/insanity) transferred thing is the owner & could validly
7. between guardian & ward (during transmit ownership
guardianship) Must exist throughout the entire period
8. between co-heirs/co-owners required for prescription
9. between owner of property & person in
possession of property in concept of holder JUST TITLE (TRUE & VALID) must be proved &
never presumed
THINGS SUBJECT TO PRESCRIPTION: all things Titulo Colorado -
within the commerce of men Titulo putativo -
1. private property title must be one which would have been
2. patrimonial property of the state sufficient to transfer ownership if grantor had
QuickTime and a been the owner
THINGS NOT SUBJECT TO PRESCRIPTION:
TIFF (Uncompressed) decompressor
are needed to see this picture. through one of the modes of transferring
1. public domain ownership but there is vice/defect in capacity
2. in transmissible rights of grantor to transmit ownership
3. movables possessed through a crime
4. registered land IN CONCEPT OF OWNER
possession not by mere tolerance of owner
RENUNCIATION OF PRESCRIPTION: but adverse to that of the owner
persons with capacity to alienate may claim that he owns the property
renounce prescription already obtained but
not the right to prescribe in the future

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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
1. Natural
a. through any cause, possession ceases
for more than 1 year
b. if 1 year of less as if no interruption
2. Civil
a. produced by judicial summons; except:
b. void for lack of legal solemnities
c. plaintiff desist from complaint/allow
proceedings to lapse
d. possessor is absolved from complaint
express or tacit renunciation
possession in wartime
RULES IN COMPUTATION OF PERIOD:
1. Present possessor may tack his possession
to that of his grantor or predecessor in
interest
2. Present possessor presumed to be in
continuous possession even with intervening
time unless contrary is proved
3. First day excluded, last day included
TACKING PERIOD
1. there must be privity between previous &
present possessor
2. possible when there is succession of rights
3. 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
1. 30 years - action over immovables from time
possession is lost
2. 10 years - mortgage action, upon written
contract, upon obligation created by law,
upon a judgement
3. 8 years - action QuickTime
to recover and a movables from
TIFF (Uncompressed) decompressor
time possession is lost
are needed to see this picture.
4. 6 years - upon an oral contract, upon a
quasi-contract
5. 5 years - actions where periods are not fixed
by law
6. 4 years - upon injury to rights of plaintiff,
upon a quasi-delict
7. 1 year - for forcible entry & detainer, for
defamation
RIGHTS NOT EXTINGUISHED BY
PRESCRIPTION:
1. demand right of way
2. abate public /private nuisance
3. declare contract void
4. recover property subject to expressed trust
5. probate of a will
6. quiet title
DONATION
CHARACTERISTICS:
a. Unilateral obligation imposed on the
donor
b. Consensual perfected at time donor
knows of acceptance
REQUISITES::
1. The donor must have capacity to make the
donation of a thing or right
2. He must have the donative intent (animus
donandi) or intent to make the donation out
of liberality to benefit the donee
3. Delivery, whether actual or constructive of
the thing or right donated
4. donee must accept or consent to donation
Quijada v CA 299 SCRA 695 (1998)
The donation is perfected once the
acceptance of the donation was made known to the
donor. Accordingly, ownership will only revert to the
donor if the resolutory condition is not fulfilled.
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: AS TO EFFETIVITY
1. Inter vivos takes effect during the lifetime
of the donor
2. Mortis Causa takes effect upon the death
of the donor
3. Propter Nuptias made by reason of
marriage and before its celebration, in
consideration of the same and in favour of
one or both of the future spouses.
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a. acceptance must be made personally or thru

Donation Inter Vivos Donation Mortis agent
Causa b. donation may be made orally or in writing:
Disposition and Disposition happens movable:
acceptance to take upon the death of 5,000 & below may be oral or written, if
effect during lifetime of donor oral it must be with
donor and donee simultaneous delivery of thing/document &
Already pertains to the Even if there is a acceptance need not be in writing
donee unless there is term of effectivity above 5,000 - must be written and
a contrary intent and effectivity is accepted also in writing
upon the death of immovable - must be in a public
the donor, still instrument & acceptance must also be in a public
entitled to fruits instrument (in same instrument or in other
Formalities required - Formalities required instrument) ; otherwise it is void
follow law on - follow law on c. must be made during the lifetime of the donor
donations and certain succession to be and donee
kinds of donations & valid, and donation
law on obligations and must be in the form In case of doubt with regards to nature of donation:
contracts (suppletory) of a will inter vivos
Irrevocable at the Revocable ad
instance of the donor; mutuum (exclusive BADGES OF MORTIS CAUSA:
may be revoked only will of donor) 1. Title remains with donor (full or naked
by reasons provided ownership) & conveyed only upon death
by law 2. Donor can revoked ad mutuum
Revoked only for 3. Transfer is void if transferor survives transfer
reasons provided for
by law (except onerous
donations) CLASSIFICATION OF DONATION INTER VIVOS
1. From the viewpoint of MOTIVE, PURPOSE,
OR CAUSE
KINDS: AS TO CONSIDERATION
1. Simple the cause of which is the pure Pure/ Remunerato Conditional Onerous
ry
liberality of the donor in consideration of the Simple
donees merits a. Liberality Valuable Valuable
2. remuneratory or compensatory that Consideratio or merits considerati considerat
which is given out of gratitude on account of n of donee on is ion given
Merits of or burden/ imposed
the services rendered by the donee to the donee
donor, provided they do not constitute a charge of but value is
demandable debt. past less than
3. modal which imposes upon the donee a services value of
burden less than the value of the gift provided thing
4. onerous the value of which is considered they do donated
the equivalent of the consideration for which not
it is given and is thus governed by the rules constitute
of obligations and contracts demandab
QuickTime and a
le debt
KINDS: AS TIFFare
TO
(Uncompressed)EFFECTIVITY
decompressor
needed to see this picture.
OR b. law to Law on Extent of Law on
EXTINGUISHMENT apply/ forms donations burden obligations
1. Pure not subject to any condition Law on imposed>
donations oblicon
(uncertain event) or period
excess>
2. Conditional subject to suspensive or donation
resolutory condition c. form of Required Required Required
3. With a Term subject to a period, acceptance
suspensive or resolutory Required
d.
ACCEPTANCE reservation

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w/regards to 3. between paramours/persons guilty of
personal adultery
support & 4. between parties guilty of same criminal
legitime Applicable Applicable Not offense
Applicable
Applicable 5. Made to public officers, wife, descendant,
e. warranty ascendant
against
eviction & OTHER PERSONS DISQUALIFIED TO RECEIVE
hidden In bad In bad faith Applies DONATIONS
defects
faith only only 1. priest who heard confession of donor during
In bad faith
only
his last illness
f. revocation 2. relatives of priest within 4th degree, church,
Applicable Applicable Applicable Applicable order, community where priest belongs
3. physician, nurse, etc. who took care of donor
during his last illness
2. From the viewpoint of the TAKING EFFECT
4. individuals, corporations, associations not
Inter vivos takes effect before the death
permitted
in praesenti to be delivered in futuro (also
considered inter vivos) WHAT MAY BE GIVEN:
mortis causa All or part of donors present property provided
he reserves sufficient means for the support of
3. From the viewpoint of OCCASION the ff:
ordinary donation a. himself
donation proper nuptias b. relatives who by law are entitled to his
support
4. from the viewpoint of OBJECT DONATED c. legitimes shall not be impaired
corporeal property when w/o reservation or if inofficious, may be
a. donation of real property reduced on petition of persons affected
b. donation of personal property EXCEPT: conditional donation & donation mortis
incorporeal property donation of inalienable causa
rights EXCEPT: future property
WHO MAY GIVE DONATIONS DOUBLE DONATIONS:
All persons who may contract and dispose of Rule: Priority in time, priority in right
their property 1. If movable one who first take possession in
good faith
WHO MAY ACCEPT DONATIONS 2. If immovable one who recorded in registry
1. natural & juridical persons w/c are not of property in good faith
especially disqualified by law no inscription, one who first took
2. minors & other incapacitated possession in good faith
a. by themselves in absence thereof, one who can present
i. if pure & simple donation oldest title
ii. if it does not require written acceptance
b. by guardian, legal representatives if REVOCATION OF DONATIONS
needs written acceptance
applies only to donation inter vivos
i. natural guardian not more than
QuickTime and a not applicable to onerous donations
50,000TIFF (Uncompressed) decompressor
are needed to see this picture.
ii. court appointed - more than 50,000
DONATIONS MADE BY PERSON WITHOUT
3. conceived & unborn child, represented by
CHILDREN OR DESCENDANTS AT TIME OF
person who would have been
DONATION:
guardian if already born
1. If donor should have legitimate, legitimated
or illegitimate children
WHO ARE DISQUALIFIED TO DONATE:
2. If child came out to be alive & not dead
1. guardians & trustees with respect to property
contrary to belief of donor
entrusted to them
3. If donor subsequently adopts a minor child
2. husband & wife

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fulfilment fact and it

ACTION FOR REVOCATION BY REASON OF was possible
INGRATITUDE for him to
1. Donee commits offense against person, bring action
honor, property of donor, spouse, children Action cannot be Action cannot
under his parental authority renounced be renounced
2. Donee imputes to donor any criminal offense in advance
or any cat involving moral turpitude even if he Right of action Right of Heirs cant
should prove it unless act/crime has been transmitted to action at file action
committed against donee himself, spouse or heirs instance of
children under his parental authority donor but
3. Donee unduly refuses to give support to may be
donor when legally or morally bound to give transmitted to
support to donor heirs
Action extends Action does
BIRTH OF NON- INGRATITUDE to donees heirs not extend to
FULFILLMENT
CHILD OF CONDITION donees heirs
Ipso jure needs court needs court
revocation, no action action EXCEPTION TO RULE ON INTRANSMISSIBILITY
need for action., OF ACTION WITH REGARDS TO REVOCATION
court DUE TO INGRATITUDE:
decision is 1. personal to the donor; general rule is heir
merely cannot institute if donor did not institute
Declaratory 2. heirs can only file in the ff cases:
Extent: portion Extent: whole Extent: a. donor has instituted proceedings but dies
which may portion but Whole before bringing civil action for revocation
impair legitime of court may portion b. donor already instituted civil action but
heirs rule partial returned died, heirs can substitute
revocation c. donee killed donor or his ingratitude
only caused the death of the donor
Property must Property in Property to d. donor died w/o having known the
be returned excess be returned ingratitude done
Alienation/mortg e. criminal action filed but abated by death
ages done prior 3. can only make heirs of donee liable if
to recording in complaint was already filed when donee died
Register of Alienations/m Prior ones
Deeds: ortgages are void; INOFFICIOUS DONATIONS:
If already sold or imposed are demand 1. shall be reduced with regards to the excess
cannot be void unless value of 2. action to reduce to be filed by heirs who have
returned the registered property right to legitimate at time of donation
value must be with Register when 3. donees/creditors of deceased donor cannot
returned of Deeds alienated and ask for reduction of donation
If mortgaged cant be 4. if there are 2 or more donation: recent ones
donor may recovered or shall be suppressed
redeem the redeemed 5. if 2 or more donation at same time treated
mortgage with QuickTime and a from 3
rd equally & reduction is pro rata but donor may
right to recover
TIFF (Uncompressed) decompressor
are needed to see this picture.persons
impose preference which must be expressly
from donee stated in donation
Fruits to be Fruits to be
returned at filing returned at CHECKLIST FOR DONATION:
1. Whether onerous or gratuitous if onerous,
of action for filing of
governed by law on contracts
revocation complainant
2. If gratuitous, whether mortis causa or inter
Prescription of Prescription Prescription
vivos if mortis causa, governed by law on
action is 4 years is 4 years is 1 year from
succession
from birth, etc. from non- knowledge of

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3. If inter vivos, whether perfected or not (made
known to the donor). If no perfection,
donation is void.
4. If perfected, check for the capacity of the
donor to give and the donee to receive. If no
capacity, donation is void
5. Compliance with Art 748 (movable) and 749
(immovable) of NCC. Non-compliance,
donation is void
Title VII - EASEMENTS OR
SERVITUDES
EASEMENT is an encumbrance imposed upon an
immovable for the benefit of another immovable
belonging to a different owner. The immovable in
favor of which the easement is established is called
the dominant estate; that which is subject thereto,
the servient estate.
Kinds:
1. According to purpose of easement or the
nature of limitation
a. Positive one which imposes upon the
servient estate the obligation of allowing
something to be done or of doing it
himself
b. Negative that which prohibits the owner
of the servient estate from doing
something which he could lawfully do if
the easement did not exist
2. According to party given the benefit
a. real (or predial) for the benefit of
another belonging to a different owner
(e.g. easement of water where lower
estates are obliged to allow water
naturally descending from upper estates
to flow into them)
b. personal for the benefit of one or more
persons or community (e.g. easement of
right of way for passage of livestock)
3. According to the manner they are exercised
a. continuous their use is incessant or
may be incessant
NOTE: for legal purposes for acquisitive
QuickTime and a
prescription, the easement
TIFF (Uncompressed) decompressorof aqueduct is
are needed to see this picture.
considered continuous; easement of light
and view is also continuous
b. discontinuous used at intervals and
depend upon the acts of man
Ex. right of way because it can only be
used if a man passes
3. According to whether or not their existence is
indicated
a. apparent make known and continually
kept in view by external signs that reveal
the use and enjoyment of the same
Ex. right of way when there is an alley or
a permanent path
b. non-apparent they show no external
indication of their existence
Ex. easement of not building to more
than certain height
Amor v Florentino 74 Phil 404 (1951)
Doctrine of Apparent Sign. Easements are
inseparable from the estate to which they actively or
passively pertain. The existence of the apparent sign
under Art. 624 is equivalent to a title. It is as if there
is an implied contract between the two new owners
that the easement should be constituted, since no
one objected to the continued existence of the
windows.
4. According to right given
a. right to partially use the servient estate
Ex. right of way
b. right to get specific materials or objects
from the servient estate
c. right to participate in ownership
Ex.. easement of party wall
d. right to impede or prevent the
neighboring estate from performing a
specific act of ownership
5. According to source or origin and
establishment of easement
a. voluntary constituted by will or
agreement of the parties or by a testator
b. mixed created partly by agreement and
partly by law
c. legal constituted by law for public use
or for private interest
HOW ESTABLISHED:
1. by law (Legal)
2. by the will of the owners (Voluntary)
3. through prescription (only for continuous and
apparent easements)
La Vista Association, Inc. v. CA 278 SCRA 498
(1997)
HELD:
NO JUDICIAL EASEMENTS. Resultantly, when the
court says that an easement exists, it is not creating
one. For, even an injunction cannot be used to
create one as there is no such thing as a judicial
easement. The court merely declares the existence
of an easement created by the parties. It must be
emphasized, however, that we are not constituting an
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easement along Mangyan Road, but merely declaring
the existence of one created by the manifest will of
the parties herein in recognition of autonomy of
contracts.
ESSENTIAL QUALITIES OF EASEMENTS:
1. incorporeal
2. imposed upon corporeal property
3. confer no right to a participation in the profits
arising from it
4. imposed for the benefit of corporeal
5. has 2 distinct tenements dominant and
servient estate
6. cause must be perpetual
LEGAL EASEMENTS are those imposed by law
having for their object either public use of the interest
If private persons. They shall be governed by the
special laws and regulations relating thereto, and in
the absence thereof, by the Civil Code.
KINDS: (WRPL DIAL)
1. Easement Relating to Waters
2. Easement of Right of Way
3. Easement of Party Wall
4. Easement of Light and View
5. Drainage of Building
6. Intermediate Distances and Works
Certain Constructions and Plantings
7. Easement Against Nuisance
8. Lateral and Subjacent Support
EASEMENT RELATING TO WATERS
lower estates are obliged to receive the waters
which naturally and without the intervention of
man descend from the higher estates, as well as
stones or earth which they carry with them
cannot construct works which will impede the
easement; neither can the owner of the higher
estate make works which will increase the burden
banks of rivers and streams, although of private
ownership, are subject throughout their entire
length and within a zone of 3 meters along their
margins, to the easement of public use in the
general interest of navigation, floatage, fishing
and salvage QuickTime and a
TIFF (Uncompressed) decompressor
estates adjoiningare the
needed banks of navigable and
to see this picture.
floatable rivers are, subject to the easement of
towpath, for the exclusive service of river
navigation and floatage
compulsory easements for drawing of water and
for watering animals can be imposed for reasons
of public use in favor of a town or village, after
payment of the proper indemnity
Use of any water by anyone can be disposed by
having the water flow through the intervening
estates but is obliged to do the following:
1. prove that he can dispose of the water that is
sufficient for the use for which it is intended
2. show that the proposed right of way is the
most convenient and least onerous to 3rd
persons
3. indemnify the owner
Easement of aqueduct is continuous and
apparent even though the flow of water may not
be continuous
EASEMENT OF RIGHT OF WAY
Right granted to a person or class of persons to
pass over the land of another by using a
particular pathway therein, to reach the formers
estates, which have no adequate outlet to a
public highway subject, however to payment of
indemnity to the owner of the land burdened by
the right
REQUISITES:
1. the dominant estate must be surrounded by
other immovables, and which has no
adequate outlet to a public highway
2. Payment of proper indemnity
3. Isolation should not be due to the proprietors
for own acts
4. Right of way claimed is at a point least
prejudicial to the servient estate, and insofar
as consistent with this rule, the distance of
the dominant estate to a public highway may
be the shortest.
not compulsory if the isolation of the
immovable is due to the proprietors own acts
Right of Way is granted without indemnity if
land was acquired by and is surrounded by
the other estates of the vendor, exchanger or
co-owner through:
a. Sale
b. Exchange
c. partition
EXTINGUISHMENT: Legal or compulsory right
of way
1. when the dominant estate is joined to
another estate (such as when the dominant
owner bought an adjacent estate) which is
abutting a public road, the access being
adequate and convenient
2. when a new road is opened giving access to
the isolated estate
o both cases: must substantially meet
the needs of the dominant estate.
Otherwise, the easement may not be
extinguished.
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Extinguishment not ipso facto
If extinguished, must return the amount received
as indemnity to the dominant owner without any
interest. Interest shall be deemed in payment for
the rent.
Easement for the passage of livestock (animal
path, shall not exceed 75 meters in width), animal
trail (shall not exceed 37 meters and 50 sq. cm.)
or any other, and those for watering places (shall
not exceed 10 m), resting places and animal
folds, shall be governed by the ordinances and
regulations relating thereto and in the absence
thereof, by the usages and customs of the place.
EASEMENT OF A PARTY WALL
A wall erected on the line between two adjoining
properties belonging to different persons, for the
use of both estates.
Governed by:
1. the Civil Code,
2. local ordinances and customs
3. the rules of co-ownership
Presumed, unless there is a title, or exterior
sign, or proof to the contrary:
1. in dividing walls or adjoining buildings up
to the point of common elevation
2. in dividing walls of gardens or yards
situated in cities, towns, or in rural
communities
3. in fences, walls and live hedges dividing
rural lands
IT IS UNDERSTOOD THAT THERE IS AN
EXTERIOR SIGN, CONTRARY TO THE
EASEMENT OF PARTY WALL WHENEVER:
1. there is a window or opening in the dividing
wall of buildings
2. dividing wall is on one side straight and
plumb on all its facement, and on the other, it
has similar conditions on the upper part but
the lower part slants or projects outward
3. entire wall is built within the boundaries of
one of the estates
4. the dividing wall bears the burden of the
binding beams, floors and roof frame of one
of the buildings, but not those of the others
5. the dividing wall between
QuickTime and a courtyards,
TIFF (Uncompressed) decompressor
gardens and are tenements is constructed in
needed to see this picture.
such a way that the coping sheds the water
upon only one of the estates
6. the dividing wall, being built by masonry, has
stepping stones, which at certain intervals
project from the surface of one side only, but
not on the other
7. the lands enclosed by fences or live hedges
adjoin others which are not enclosed
In all these cases, the ownership is deemed to
belong exclusively to the owner of the property which
has in its favor the presumption based on any of
these signs.
EASEMENT OF LIGHT AND VIEW
period of prescription for the acquisition shall be
counted:
1. from the time of opening of the window, if
through a party wall
2. from the time of the formal prohibition upon
the proprietor of the adjoining land, if window
is through a wall on the dominant estate
when the distances in Art. 670 are not observed,
the owner of a wall which is not a party wall can
make in it:
1. openings to admit light at the height of the
ceiling joints or immediately under the ceiling,
of the size of 30 centimeters square
2. an iron grating embedded in the wall and with
a wide screen
distance of 60 sq. cm. for side or oblique views
upon or towards such conterminous property
leave a distance of 2 meters if the windows,
apertures, balconies or other similar projections
which afford a direct view upon or towards an
adjoining land
HOW EXTINGUISHED:
1. merger
2. non-user for ten years
3. when easement can no longer be used
4. expiration of the term or fulfilment of the
condition (if temporary or conditional)
5. renunciation of the owner of the dominant
estate of the redemption agreed upon
Title VIII NUISANCE
NUISANCE is any act, omission, establishment,
business, condition of property, or anything else
which: 1) injures or endangers the health or safety of
others 2) annoys or offends the senses 3) shocks,
defies or disregards decency or morality 4) obstructs
or interferes with the free passage of any public
highway or street, or any body of water 5) hinders or
impairs the use of property.
Lapse of time cannot legalize any nuisance, whether
public or private
Kinds of Nuisances According To Number of
Persons Affected:
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1. Public (or common) nuisance affects a REQUIREMENTS FOR ABATEMENT OF A

community or neighbourhood or considerable PUBLIC/PRIVATE NUISANCE BY A PRIVATE
number of persons. PERSON:
2. Private nuisance affects a an individual or 1. demand has been made
few persons only 2. demand has been rejected
3. abatement be approved by the district health
OTHER CLASSIFICATION: officer and executed with the assistance of
1. Nuisance Per Se always a nuisance the local police
because of its nature regardless of location 4. value of the destruction does not exceed
or surroundings P3000
2. Nuisance Per Accidens nuisance by reason
of location, surrounding or in the manner it is A PRIVATE PERSON OR A PUBLIC OFFICIAL
conducted or managed. EXTRAJUDICIALLY ABATING A NUISANCE
SHALL BE LIABLE FOR DAMAGES:
DOCTRINE OF ATTRACTIVE NUISANCE: 1. If he causes unnecessary injury.
1. Reason for the doctrine: one who maintains 2. If an alleged nuisance is later declared by the
on his premises dangerous instrumentalities courts to be not a real nuisance.
or appliances of a character likely to attract
children in play, and who fails to exercise REMEDIES AGAINST A PRIVATE NUISANCE:
ordinary care to prevent children from playing 1. civil action
therewith or resorting thereto, is liable to a 2. abatement, without judicial proceedings
child of tender years who is injured thereby,
even if the child is technically a trespasser in
the premises. The principal reason for the
doctrine is that the condition or appliance in Negligence Nuisance
question although its danger is apparent to Basis Liability is based Liability attaches
those of age, is so enticing or alluring to on lack of proper regardless of the
children of tender years as to induce them to care or diligence degree of care or
approach, get on or use it, and this skill exercised to
attractiveness is an implied invitation to such avoid the injury
children Condition Act complained of There is
2. Application to bodies of water generally not of the act is already done continuing harm
applicable to bodies of water, artificial as well which caused the being suffered by
as natural in the absence of some unusual injury to the the aggrieved
condition or artificial feature other than the plaintiff party by the
mere water and its location. Thus, a maintenance of
swimming pool or pond or reservoir of water the act or thing
is not considered an attractive nuisance. which constitutes
the nuisance
REMEDIES AGAINST A PUBLIC NUISANCE: Abatement Abatement is not Abatement
1. a prosecution under the Penal Code or any available as a without judicial
local ordinance remedy. The proceedings is
2. a civil action remedy is action allowed to
3. extra-judicial abatement for damages. suppress the
(all remedies may be simultaneously pursued to nuisance (ART
remove a nuisance) 699 & 705)
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WAYS OF ABATING PUBLIC NUISANCE BY A
PRIVATE CITIZEN: NOTE:
1. Removing the thing which constitutes the 1. No legalization of nuisance, whether private
nuisance or public, by prescription
2. destroying the thing when necessary without 2. Even if nuisance no longer exists, the
disturbing the peace of the community, or aggrieved person may still pursue a civil
doing unnecessary injury action for damages for the injuries suffered
during the existence of nuisance

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3. Subsequent owner of the property, having full

knowledge of the existence of the nuisance,
did not remove the nuisance is solidarily
liable for the injuries and damages caused.
4. Owner of nuisance property is not entitled to
compensation
5. Civil action against a public nuisance shall be
commenced by the Mayor of the locality.
6. A private person may commence a civil
action to eliminate a public nuisance only if
he suffered a particular harm or injury which
is different from the harm or damage suffered
by the general public by reason thereof.

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