PROPERTY Memory Aid

San Beda College of Law
26
MEMORY AID IN CIVIL LAW
PROPERTY
PROPERTY places of similar nature, in case
 All things which are, or may be the their owner has placed or preserved
object of appropriation them, with the intention to have
them permanently attached to the
 Requisites: (USA) land, and forming a permanent part
1. utility of it; the animals in those places are
2. substantivity or individuality included;
3. appropriability 8. fertilizer actually used on a piece of
land;
I. 9. mines, quarries and slag dumps,
A. IMMOVABLE PROPERTIES while the matter thereof forms part
1. land, buildings, roads and of the bed, and waters either
constructions of all kinds adhered to running or stagnant;
the soil; 10. docks and structures which, though
2. trees, plants and growing fruits, floating, are intended by their
while they are attached to the land nature and object to remain at a
or form an integral part of an fixed place on a river, lake or coast;
immovable; and
3. everything attached to an 11. contracts for public works, and
immovable in a fixed manner in such servitudes and other real rights over
a way that it cannot be separated immovable property
therefrom without breaking the
material or deterioration of the  Categories: (NIDA)
object; 1. Real by nature – it cannot be
4. statues, reliefs, paintings or other carried from place to place
objects for use or ornamentation, (pars. 1 & 8, Art. 415, Civil
placed in buildings or on lands by the Code)
owner of the immovable in such a 2. Real by incorporation – attached
manner that it reveals the intention to an immovable in a fixed
to attach them permanently to the manner to be an integral part
tenements; thereof (pars. 1-3 Art. 415, Civil
5. machinery, receptacles, instruments Code)
or implements intended by the 3. Real by destination – placed in a
owner of the tenement for an n immovable for the utility it
industry or works which may be gives to the activity carried
carried on in a building or on a piece thereon (pars. 4-7 and 9 Art.
of land, and which tend directly to 415, Civil Code)
meet the needs of the said industry 4. By analogy it is so classified by
or works; express provision of law (par. 10,
Requisites: Art. 415, Civil Code)
a. made by owner
b. industry or works carried on B.MOVABLE PROPERTIES
building or on land
c. machines, etc must tend directly 1. those movables susceptible of
to meet needs of the industry or appropriation which are not included
works in the preceding article;
d. machines, etc. must be essential 2. real property which by any special
and principal elements of the provision of law is considered as
industry. personalty;
6. animal houses, pigeon-houses, 3. forces of nature which are brought
7. beehives, fishponds or breeding under control of science;
CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy
Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
27
4. in general, all things which can be separation of movables from the

transported from place to place immovables to which they have been
without impairment of the real attached?
property to which they are fixed; 2 Views:
5. obligations and actions which have 1) They continue to be regarded
for their object movables or as immovables.
demandable sums; and 2) Fact of separation determines
6. shares of stock of agricultural, the condition of the objects
commercial and industrial entities, thus recovering their condition
although they have real estate. as movables.
* the latter view is supported by
TESTS: Paras and Tolentino who maintains
a) By exclusion: movables are that the failure of the codifiers to
everything not included in Art. 415. reproduce the provision of the
b) By description: an object is movable partidas on the matter is an
if it possesses: indication that they did not intend
1) Ability to change location the rule to continue.
2) Without substantial injury to the f) A building that is to be sold or
immovable to which it is mortgaged and which would be
attached. immediately demolished may be
considered personal property and the
Important Doctrines/principles on sale or mortgage thereof would be a sale
immovable and movable properties: of chattel, or a chattel mortgage
a) A Building is an immovable even if respectively, for the true object of the
not erected by the owner of the contract would be the materials.
land. The only criterion is union or
incorporation with the soil. (Ladera II.
vs. Hodges, 48 O.G. 4374). A. PROPERTY OF PUBLIC DOMINION
b) Parties to a contract may by  Concept: It is not owned by the
agreement treat as personal state but pertains to the state,
properties that which by nature which, as territorial sovereign
would be real property; and it is a exercises certain juridical
familiar phenomenon to see things prerogatives over such property.
classes as real property for purposes The ownership of such properties is
of taxation which on general in the social group, whether
principle might be considered national, provincial or municipal.
personal property (Standard Oil Co.  Purpose: To serve the citizens and
vs. Jaranillo, 44 Phil 631). not the state as a juridical person.
c) For purposes of attachment and  Kinds:
execution and for purposes of the 1. Those intended for public use
Chattel Mortgage Law, ungathered 2. Those which are not for public
products have the nature of personal use but intended for public
property. (Sibal vs. Valdez, 50 Phil, service
512). 3. Those intended for the
d) The human body, whether alive or development of the national
dead, is neither real nor personal wealth
property, for it is not even property  CHARACTERISTICS:
at all, in that it generally cannot be 1. Outside the commerce of man
appropriated. Under certain 2. Inalienable. But when no longer
conditions, the body of a person or needed for public use or service,
parts thereof may be subject matter may be declared patrimonial
of a transaction. (See RA No. 349, RA property. In Laurel vs. Garcia
No. 7170, RA No. 7719). (187 SCRA 797), the Supreme
e) What is the effect of temporary Court held that “whether or not
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
28
the Roppongi and related Here, the Law of Municipal Corporations

properties will eventually be was considered as a special law in the
sold is a policy determination context of Article 424 of the NCC.
where both the President and
Congress must concur”. D. PROPERTY OF PRIVATE OWNERSHIP
 refers to all property belonging to
3. Cannot be acquired by private persons either individually or
prescription collectively and those belonging to
4. Not subject to attachment or the State and any of its political
execution subdivisions which are patrimonial in
5. Cannot be burdened with nature
easements  Muebles or furniture generally has
for its principal object the furnishing
NOTE: They cannot be registered under or ornamenting of a building. Note
the land registration law and be the that there are exceptions to this
subject of a Torrens title. The character definition and are generally not
of public property is not affected by included as furniture unless the law
possession or even a Torrens Title in or the individual’s declaration
favor of private persons. (Palanca vs. include them.
Commonwealth, 69 Phil. 449).
OWNERSHIP
B. PATRIMONIAL PROPERTY OF THE  The right to enjoy, dispose, and
STATE recover a thing without further
 Property of the State owned by it in limitations than those established by
its private or proprietary capacity. law or the will of the owner.
 the state has the same rights over
this kind of property as a private  Rights included:
individual in relation to his own 1. Right to enjoy: (PUFA)
private property a) to possess (jus possidendi)
b) to use (jus utendi)
C. PROPERTY OF LOCAL GOVERNMENT c) to the fruits (jus fruendi)
UNITS (LGUs) and accessions
1. Property for public use – consist of d) to abuse (jus abutendi)
roads, streets, squares, fountains, 2. Right to dispose: (DATE)
public waters, promenades and a) to destroy
public works for public service paid b) to alienate
for by the LGUs c) to transform
2. Patrimonial Property – all other d) to encumber
property possessed by LGUs without 3. Right to vindicate: (RP)
prejudice to provisions of special a) pursuit
laws b) recovery
4. Right to exclude: (ER)
NOTE: In the case of Province of a) to enclose, fence and delimit
Zamboanga Del Norte vs. City of b) to repel intrusions even with
Zamboanga, the Supreme Court force
categorically stated that “this court is
not inclined to hold that municipal  Characteristics: (EGEIP)
property held and devoted to public 1. Ownership is Elastic – power/s may
service is in the same category as be reduced and thereafter
ordinary private property. The automatically recovered upon the
classification of municipal property cessation of the limiting rights.
devoted for distinctly governmental 2. General – the right to make use of
purposes as public should prevail over all the possibilities or utility of the
the Civil Code in this particular case”. thing owned, except those attached
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
29
to other real rights existing thereon.  Requisites: (ID)

3. Exclusive – there can only be one 1. Interference necessary
ownership over a thing at a time. 2. Damage to another much greater
There may be two or more owners than damage to property
but ONLY ONE ownership.
4. Independence – It exists without LEGAL REMEDIES TO RECOVER
necessity of any other right POSSESSION OF ONE’S PROPERTY
5. Perpetuity – ownership lasts as long 1. Personal property: Replevin
as the thing exists. It cannot be  REPLEVIN - remedy when the
extinguished by non user but only by complaint prays for the recovery of
adverse possession. the possession of personal property.
 Limitations:
1. General limitations imposed by the 2. Real Property:
State for its benefit a. ACCION INTERDICTAL
2. Specific limitations imposed by law  Nature: summary action to
3. Limitations imposed by the party recover physical or material
transmitting the property either by possession only. It consists of
contract or by will the summary actions of:
4. Limitations imposed by the owner 1. Forcible entry
himself  Action for recovery of
5. Inherent limitations arising from material possession of real
conflict with other rights property when a person
originally in possession was
De Facto case of Eminent Domain deprived thereof by force,
 expropriation resulting from the intimidation, strategy,
actions of nature as in one case threat or stealth
where land becomes part of one sea. 2. Unlawful Detainer
The owner loses his property in favor  Action for recovery of
of the state without any possession of any land or
compensation. building by landlord, vendor,
vendee, or other person
Principle of Self-Help against whom the possession
 right of the owner or lawful of the same was unlawfully
possessor to exclude any person from withheld after the expiration
the enjoyment and disposal of the or termination of the right to
property by the use of such force as hold possession, by virtue of
may be necessary to repel or prevent any contract.
actual or threatened unlawful
physical invasion or usurpation of his Forcible Entry Unlawful
property. Detainer
 Requisites: (RONA) As to when possession became
1. reasonable force unlawful
2. owner or lawful possessor is the Possession of the Possession is
person who will exercise defendant is inceptively lawful
unlawful from the but becomes illegal
3. no delay in one’s exercise beginning as he from the time
4. actual or threatened physical acquires defendant
invasion or usurpation possession by unlawfully
Force, withholds
GENERAL RULE: A person cannot intimidation, possession after
interfere with the right of ownership of strategy, threat the expiration or
another. or stealth termination of his
EXCEPTION: Doctrine of Incomplete right thereto.
As to the necessity of demand
Privilege or State of Necessity (Article No previous Demand is
432) demand for the jurisdictional if the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
30
defendant to ground is non- precious objects, the lawful

vacate is payment of rentals ownership of which does not appear.
necessary or failure to GENERAL RULE: It belongs to the
comply with the
owner of the land, building or other
lease contract
property on which it is found.
As to necessity of proof of prior EXCEPTIONS: The finder is entitled to
physical possession ½ provided:
Plaintiff must Plaintiff need not 1. Discovery was made on the
prove that he was have been in prior property of another, or of the
in prior physical physical possession state or any of its political
possession of the subdivisions;
premises until he
2. The finding was made by chance;
was deprived
thereof by the 3. The finder is not a co-owner of
defendant the property where it is found;
As to when the 1 year period is counted 4. The finder is not a trespasser;
from 5. The finder is not an agent of the
1 year period is 1 year period is landowner;
generally counted counted from the 6. The finder is not married under
from the date of date of last the absolute community or the
actual entry on demand or last conjugal partnership system
the land letter of demand
(otherwise his share belongs to
the community).
b. ACCION PUBLICIANA
 Nature: Ordinary civil
ACCESSION
proceeding to recover the better
 The right by virtue of which the
right of possession, except in
owner of a thing becomes the owner
cases of forcible entry and
of everything that it may produce or
unlawful detainer. The involved
which may be inseparably united or
is not possession de facto but
incorporated thereto, either
possession de jure.
naturally or artificially.
c. ACCION REIVINDICATORIA
 Classifications:
 Nature: action to recover real
1. Accession Discreta – the right
property based on ownership.
pertaining to the owner of a thing over
Here, the object is the recovery
everything produced thereby
of the dominion over the
property as owner.
Kinds of Fruits
 Requisites:
a. natural fruits – spontaneous
1. Identity of the Property
products of the soil and the
2. Plaintiff’s title to the
young and other products of
property
animals
b. industrial fruits – those produced
Surface Rights
by lands of any kind through
 The owner of parcel of land is the
cultivation or labor
owner of its surface and everything
c. civil fruits – rents of buildings,
under it.
price of leases or lands and the
 The economic utility which such
amount of perpetual or life
space or subsoil offers to the owner
annuities or other similar income
of the surface sets the limit of the
owner’s right to the same.
GENERAL RULE: To the owner
HIDDEN TREASURE belongs the natural, industrial, and
 Definition: any hidden or unknown civil fruits.
deposit of money, jewelry or other EXCEPTIONS: If the thing is:
(PULA)
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
31
a) in possession of a possessor in from the land. He is entitled to such

good faith; removal ONLY when, after having
b) subject to a usufruct; chosen to sell the land, the other
c) leased or pledged; or party fails to pay for said land.
d) in possession of an antichretic (Ignacio vs. Hilario, 76 Phil. 605)
creditor b) Should no other arrangement be
agreed upon, the owner of the land
2. Accession Continua – the right does not automatically become the
pertaining to the owner of a thing over owner of the improvement.
everything that is incorporated or (Filipinas Colleges, Inc. vs. Timbang,
attached thereto either naturally or 106 Phil. 247)
artificially; by external forces. c) Article 448 is not applicable where a
a. With respect to real property person constructs a house on his own
i. accession industrial land and then sells the land, not the
 building, planting or sowing building. (Coleongco vs. Regalado,
ii. accession natural 27 Phil 387)
 alluvium, avulsion, change d) Article 448 does not apply to cases
of river course, and which are governed by other
formation of islands provisions of law such as co-
b. With respect to personal ownership, usufruct, agency, lease.
property e) The provision on indemnity in Art.
i. adjunction or conjuction 448 may be applied by analogy
ii. commixtion or confusion considering that the primary intent
iii specification of the law is to avoid a state of
forced co-ownership especially
Basic Principles: (GONE BAD) where the parties in the main agree
1. He who is in good faith may be held that Articles 448 and 546 are
responsible but will not be applicable and indemnity for the
penalized. improvements may be paid although
2. To the owner of a thing belongs the they differ as to the basis of the
extension or increase of such thing. indemnity. (Pecson vs. CA 244 SCRA
3. Bad faith of one party neutralizes 407).
the bad faith of the other.
4. There should be no unjust ACCESSION NATURAL
enrichment at the expense of 1. Alluvion or alluvium – increment
others. which lands abutting rivers gradually
5. Bad faith involves liability for receive as a result of the current of
damages. the waters.
6. Accessory follows the principal.  Concept: it is the gradual
7. Accession exists only if the deposit of sediment by the
natural action of a current of
incorporation is such that separation
fresh water (not sea water, the
would either seriously damage the
original identity of the deposit
thing or diminish its value.
being lost.
Right of Accession with respect to
 Requisites:
Immovable Property
a)the deposit be gradual and
NOTE: See TABLES
imperceptible
b) that it be made through the
 Important Doctrines/Principles:
effects of the current of the
a) Under Art 448, the landowner may
water
not refuse both to pay for the
c)that the land where accretion
building and to sell the land and
takes place is adjacent to the
instead seek to compel the owner of
banks of the river.
the building to remove the building
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
32
NOTES: owner against diminution of the area

 The owners of the lands adjoining of his land through gradual changes
the banks of the river (riparian in the course of adjoining stream
lands) shall own the accretion which (Payatas vs. Tuazon).
they gradually receive.
 Accretion operates ipso jure. Alluvium Avulsion
However, the additional area is not 1. gradual and 1. sudden or
covered by a Torrens title and the imperceptible abrupt process
riparian owner must register the 2. soil cannot be 2. identifiable and
identified verifiable
additional area.
3. belongs to the 3. belongs to the
owner of the owner from whose
 Doctrines: property to which property it was
a) Where the deposit is by sea it is attached detached
water, it belongs to the state 4. merely an 4. detachment fol-
b) A gradual change of bed is also attach-ment lowed by
governed by the rules of attachment
alluvium (Canas vs. Tuason 5
Phil. 689) 3. Change of course of rivers
 Requisites:
2. Avulsion – the transfer of a known a) There must be a natural change
portion of land from one tenement in the course of the waters of
to another by the force of the the river
current. The portion of land must b) The change must be abrupt or
be such that it can be identified as sudden
coming from a definite tenement. NOTES:
 Once the river bed has been
 Requisites: abandoned, the owners of the
a) The segregation and transfer invaded land become owners of the
must be caused by the current of abandoned bed to the extent
a river, creek or torrent. provided by this article. No positive
b) The segregation and transfer act is needed on their part, as it is
must be sudden or abrupt subject thereto ipso jure from the
c) The portion of land transported moment the mode of acquisition
must be known or identified becomes evident.
 It does not apply to cases where the
NOTES: river simply dries up because there
 The owner must remove the are no persons whose lands are
transported portion within two years occupied by the waters of the river.
to retain ownership
 In case of uprooted trees, the owner 4. Formation of Islands
retains ownership if he makes a  RULES ON OWNERSHIP
claim within 6 months. This refers a. If formed by the sea:
only to uprooted trees and does not 1) within territorial waters -
include trees which remain planted State
on a known portion of land carried 2) outside territorial waters –
by the force of the waters. In this to the first occupant
latter case, the trees are regarded b. If formed in lakes, or navigable
as accessions of the land through or floatable rivers - State
gradual changes in the course of c. If formed on non-navigable or
adjoining stream. (Payatas vs. non-floatable rivers:
Tuazon) 1) if nearer to one margin or
 Registration under the Torrens bank – to the nearer reparian
system does not protect the riparian owner
2) if equidistant from both
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
33
banks- to the reparian i)to recover the value plus

owners, by halves. damages
NOTE: There is no accession when ii) to demand separation plus
islands are formed by the branching of a damages
river; the owner retains ownership of the c) Adjunction in bad faith by the
isolated piece of land. owner of the accessory
i) he loses the accessory
Right of Accession with respect to ii) he is liable for damages
movable property
 When separation of things
 Basic Principle: Accession exists
allowed:
only if separation is not feasible.
a. separation without injury
Otherwise, separation may be
b. accessory is more precious
demanded.
than the principal
c. owner of the principal acted
 KINDS (accession continua as to
in bad faith
movables):
2. Mixture
1. Adjunction
 Union of materials where the
 the union of two things
components lose their identity.
belonging to different owners, in
 Kinds:
such a manner that they cannot
a. Commixtion – mixture of
be separated without injury,
solids
thereby forming a single object.
b. Confusion – mixture of
 Requisites
liquids
a) the two things must belong to
different owners
 Rules:
b) that they form a single object,
a. By the will of both owners or by
or that their separation would
accident: each owner acquires
impair their nature
an interest in proportion to the
 Kinds:
value of his material
a. inclusion or engraftment
b. By one owner in good faith:
b. soldadura or soldering
apply rule(a)
c. escritura or writing
c. By one owner in bad faith:
d. pintura or painting
i) he loses all his rights to his
e. tejido or weaving
own material
 Tests to determine principal:
ii) he is liable for damages
a. the “rule of importance and
purpose
3. Specification
b. that of greater value
 It is the transformation of another’s
c. that of greater volume
material by the application of labor.
d. that of greater merits
The material becomes a thing of
 Rules: different kind.
a) Adjunction in good faith by either  Labor is the principal
owner:
GENERAL RULE: accessory follows  Rules:
the principal. a) Owner of the principal (worker)
EXCEPTIONS if the accessory is in good faith:
much more precious than the i) maker acquires the new
principal, the owner of the accessory thing
may demand the separation even if ii) he must indemnify the owner
the principal suffers some injury of the material
b) Adjunction in bad faith by the EXCEPTION: if the material is
owner of the principal more valuable than the resulting
 option of the owner of the thing, the owner of the material
accessory: has the option:
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
34
1) to acquire the work, 4. plaintiff must return to the

indemnifying for the labor, defendant all benefits he may have
or received from the latter, or
2) to demand indemnity for the reimburse him for expenses that may
material have redounded to his benefit.
b) owner of the principal (worker)
in bad faith: the owner of the  Prescriptive Period:
material has the option: 1. plaintiff in possession –
i) to acquire the result without imprescriptible
indemnity 2. plaintiff not in possession – 10
ii) to demand indemnity for the (ordinary) or 30 years
material plus damages (extraordinary)
c) Owner of the material in bad
faith Action to quiet Action to remove
i) he loses the material title a cloud on
ii) he is liable for damages title
PURPOSE
Adjunction Mixture Specification to put an end to to remove a
1. Involves Involves at May involve troublesome possible foundation
at least 2 least 2 one thing (or litigation in for a future hostile
things things more) but respect to the claim
form is property involved
changed NATURE OF THE ACTION
remedial action Preventive action
2. Accessory Co- Accessory involving a present to prevent a future
follows the ownership follows the adverse claim cloud on the title
principal results principal
3. Things Things The new
joined retain mixed or object retains
their nature confused or preserves
may either the nature of  The action to quiet title does not
retain or the original apply:
lose their object. a) to questions involving
respective interpretation of documents
natures b) to mere written or oral assertions
of claims; EXCEPT:
QUIETING OF TITLE i) if made in a legal proceeding
 It is an equitable action in rem to ii) if it is being asserted that
determine the condition of the the instrument or entry in
ownership or the rights to plaintiff’s favor is not what
immovable property, and remove it purports to be
doubts thereon. c) to boundary disputes
d) to deeds by strangers to the title
 Requisites: UNLESS purporting to convey the
1. plaintiff must have a legal or property of the plaintiff
equitable title to, or interest in the e) to instruments invalid on their
real property which is the subject face
matter of the action; f) where the validity of the
2. there must be a cloud in such title; instrument involves pure
3. such cloud must be due to some questions of law
instrument, record, claim,
encumbrance or proceeding which is Ruinous Buildings and Trees in Danger
apparently valid but is in truth of Falling:
invalid, ineffective, voidable or  As to buildings – the owners is
unenforceable, and is prejudicial to obliged to demolish or execute
the plaintiff’s title; and necessary work to prevent the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
35
building from falling. Should he fail 6. Testamentary disposition or

to do so, the authorities shall order donation inter vivos
its demolition at the expense of the
owner, or take measures to insure Co-ownership Partnership
public safety. 1. Can be created 1. Can be created
 The complainant must show that his without the only by contract,
property is adjacent to the formalities of a express or implied
contract
dangerous construction, or must
2. Has no juridical or 2. Has juridical
have to pass by necessity in the legal personality personality distinct
immediate vicinity. from the partners
 The owner is responsible for 3. Purpose is 3. Purpose is to
damages to others due to lack of collective enjoyment obtain profits
necessary repairs. However, if the of the thing
damage is caused by defects in the 4. Co-owner can 4. A partner, unless
construction, then the builder is dispose of his shares authorized cannot
responsible for the damages. without the consent dispose of his share
of the others with and substitute
the another as a partner
CO-OWNERSHIP transferee in his place
 Definition: the right of common automatically
dominion which two or more persons becoming a co-owner
have in a spiritual part of a thing 5. There is no mutual 5. A partner can
which is not physically divided. representation generally bind the
 Concept: co-ownership exists where partnership
the ownership of a thing physically 6. Distribution of 6. Distribution of
undivided pertains to more than one profits must be profits is subject to
person. proportional to the the stipulation of the
respective interests parties
of the co-owners
7. A co-ownership is 7. Death or
not dissolved by the incapacity dissolves
death or incapacity the partnership
 Characteristics: of a co-owner
a)plurality of subjects (the co- 8. no public 8. May be made in
owners) instrument needed any form except
b) there is a single object which is even if real property when real property is
not materially divided is the object of the contributed
c)there is no mutual representation co-ownership
9. An agreement to 9. There may be
by the co-owners
keep the thing agreement as to a
d) it exist for the common undivided for a definite term without
enjoyment of the co-owners period of more than limit set by law
e) it has no distinct legal 10 years is void
personality
f) it is governed first of all by the  Rules:
contract of the parties; 1. Rights of each co-owner as to the
otherwise, by special legal thing owned in common: USBRAP-
provisions, and in default of such LDP
provisions, by the provisions of a) To use the thing owned in
Title III on co-ownership common
 Limitations:
 Sources: i) use according to the purpose
1. Law for which it was intended
2. Contract ii) interest of the co-ownership
3. Chance must not be prejudiced
4. Occupation iii) other co-owners must not be
5. Succession prevented from using it
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
36
according to their own others

rights GENERAL RULE: Partition is
b) To share in the benefits and demandable by any of the co-
charges in proportion to the owners as a matter of right at
interest of each. any time.
NOTE: Any stipulation to the EXCEPTIONS:
contrary is void. 1) When there is a stipulation
c) To the benefits of prescription: against it; but not to exceed
prescription by one co-owner 10 years.
benefits all. 2) When the condition of
d) Repairs and taxes: to compel the indivision is imposed by the
others to share in the expenses donor or testator; but not to
of preservation even if incurred exceed 20 years.
without prior notice. 3) When the legal nature of the
NOTE: The co-owner being community prevents
compelled may exempt himself from partition.
the payment of taxes and expenses 4) When partition would render
by renouncing his share equivalent the thing unserviceable.
to such taxes and expenses. The 5) When partition is prohibited
value of the property at the time of by law
the renunciation will be the basis of 6) When another co-owner has
the portion to be renounced. possessed the property as
e) Alterations: to oppose exclusive owner for a period
alterations made without the sufficient to acquire it by
consent of all, even if beneficial. prescription.
NOTES:
 Alteration is an act by virtue of 2. The following questions are
which a co-owner changes the governed by the majority of
thing from the state in which the interests:
others believe it should remain, a) Management
or withdraws it from the use to  Minority may appeal to the court
which they desire it to be against the majority’s decision if
intended. the same is seriously prejudicial.
 Expenses to improve or b) Enjoyment
embellish are decided by the c) Improvement or embellishment
majority 3. Rights as to the ideal share of each
f) To protest against seriously co-owner:
prejudicial decisions of the a) Each has full ownership of his part
majority and of his share of the fruits and
g) Legal redemption: to be benefits
exercised within 30 days from b) Right to substitute another person
written notice of sale of an its enjoyment, EXCEPT when
undivided share of another co- personal rights are involved
owner to a stranger c) Right to alienate, dispose or
h) To defend the co-ownership’s encumber
interest in court d) Right to renounce part of his
i) To demand partition at any time interest to reimburse necessary
 Partition is the division expenses incurred by another co-
between 2 or more persons of owner
real or personal property which e) Transactions entered into by each
they own in common so that co-owner only affect his ideal
each may enjoy and possess his share.
sole estate to the exclusion of
and without interference from
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
37
EXTINGUISHMENT OF CO-OWNERSHIP material part thereof unfit for use;

(CALSTEP) 2. When damage or destruction has
1. consolidation or merger in one co- rendered ½ or more of the units
owner untenantable and that the
2. acquisitive prescription in favor of a condominium owners holding more
third person or a co-owner who than 30% interest in the common
repudiates the co-ownership areas are opposed to restoration of
3. loss or destruction of property co- the projects;
owned 3. When the project has been in
4. sale of property co-owned existence for more than 50 years,
5. termination of period agreed upon that it is obsolete and uneconomic,
by the co-owners and the condominium owners holding
6. expropriation in aggregate more than 50% interest
7. judicial or extra-judicial partition in the common areas are opposed to
restoration, remodeling or
CONDOMINIUM ACT (R.A. NO. 4726) modernizing;
CONDOMINIUM 4. When the project or a material part
 an interest in real property thereof has been condemned or
consisting of a separate interest in a expropriated and the project is no
unit in a residential, industrial or longer viable, or that the
commercial building and an condominium owners holding in
undivided interest in common, aggregate more than 70% interest in
directly or indirectly, in the land on the common areas are opposed to
which it is located and in other the continuation of the condominium
common areas of the building. regime;
 Any transfer or conveyance of a unit 5. When conditions for partition by sale
or an apartment, office or store or set forth in the declaration of
other space therein, shall include restrictions duly registered have
transfer or conveyance of the been met.
undivided interest in the common
areas or, in a proper case, the WATERS
membership or shareholdings in the  Classification
condominium corporation: provided, a) Waters public per se (water is the
however, that where the common principal; the bed follows the
areas in the condominium project character of the water (See Arts.
are held by the owners of separate 502 [1] and 502 [2])
units as co-owners thereof, no b) Waters public or private according
condominium unit therein shall be to their bed (water is accessory to
conveyed or transferred to persons bed)
other than Filipino citizens or c) Waters public by special provision
corporations at least 60% of the
capital stock of which belong to POSSESSION
Filipino citizens, except in cases of  Concept: the material holding or
hereditary succession. control of a thing or the enjoyment
of a right.
GENERAL RULE: Common areas shall
remain undivided, and there shall be no  Requisites:
judicial partition thereof: 1. occupancy, apprehension, or taking
EXCEPTIONS: 2. deliberate intention to possess
1. When the project has not been 3. by virtue of ones own right
rebuilt or repaired substantially to
its state prior to its damage or  Degrees:
destruction 3 years after damage or 1. possession without any title
destruction which rendered a whatsoever
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
38
2. possession with juridical title an heir.

3. possession with just title sufficient  Possession in good faith ceases from
to transfer ownership the moment defects in his title are
4. possession with a title in fee simple made known to the possessor. This
interruption of good faith may take
 Classes: place at the date of summons or that
a) In one’s own name – where possessor of the answer if the date of
claims the thing for himself summons does not appear.
b) In the name of another – for whom However, there is a contrary view
the thing is held by the possessor that the date of summons may be
c) In the concept of owner – possessor insufficient to convince the
of the thing or right , by his actions, possessor that his title is defective.
is considered or is believed by other
people as the owner, regardless of  Presumptions in favor of possessor:
the good or bad faith of the 1. of good faith
possessor 2. of continuity of initial good faith
d) In the concept of holder – possessor 3. of enjoyment in the same character
holds it merely to keep or enjoy it, in which possession was acquired
the ownership pertaining to another until the contrary is proved
person; possessor acknowledges in 4. of non-interruption in favor of the
another a superior right which he present possessor
believes to be ownership. 5. of continuous possession by the one
NOTE: None of these holders assert a who recovers possession of which he
claim of ownership in himself over the was wrongfully deprived
thing but they may be considered as 6. of extension of possession of real
possessors in the concept of owner, or property to all movables contained
under claim of ownership, with respect therein
to the right they respectively exercise
over the thing.  Object of possession:
e) In good faith – possessor is not aware GENERAL RULE: All things and rights
that there is in his title or mode of susceptible of being appropriated
acquisition a defect that invalidates EXCEPTIONS:
it 1. Res communes
 Requisites: 2. Property of public dominion
1. Ostensible title or mode of 3. Discontinuous servitudes
acquisition 4. Non-apparent servitudes
2. Vice or defect in the title
3. Possessor is ignorant of the Acquisition of possession:
vice or defect and must have  Manner
an honest belief that the 1. Material occupancy of the thing
thing belongs to him 2. Subjection to the action of our will
NOTE: Gross and inexcusable ignorance 3. Proper acts and legal formalities
of the law may not be the basis of good established for acquiring such right.
faith, but possible, excusable ignorance Conflicts between several claimants:
may be such basis. (Kasilag vs Roque, 69 GENERAL RULE: Possession cannot be
PHIL 217) recognized in two different personalities
f) In bad faith – possessor is aware of except in case of co-possession when
the invalidating defect in his own there is no conflict
title.  Criteria in case of dispute:
NOTES: 1. present/actual possessor shall be
 Only personal knowledge of the flaw preferred
in one’s title or mode of acquisition 2. if there are two possessors, the one
can make him a possessor in bad longer in possession
faith. It is not transmissible even to 3. if the dates of possession are the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
39
same, the one with a title i. removal if ii. value

4. if all the above are equal, the fact no injury, or at time of
of possession shall be judicially ii. cost recovery
without
determined, and in the meantime,
removal
the thing shall be placed in judicial
h. Taxes h. taxes and h. taxes
deposit and charges and charges
charges i. charged to i. charged
Subject Possessor in Possessor i. on owner to owner
good faith in bad capital ii. charged to ii. charged
faith possessor to owner
a. Fruits a. to possessor a. to owner ii. on iii. prorated iii. to
gathered fruits owner
b. b. not b.
Cultivation reimbursed to reimbursed iii.
Expenses of possessor to possessor charges
gathered i. Improve- i. no i. no
fruits ments no reimburse- reimburse-
c. Fruits c. prorated c. to owner longer ment ment
pending according to existing
and time j. Liability j. only if j. liable in
charges for acting with every case
d. d. indemnity d. no accidental fraudulent
Production pro rata to indemnity loss or intent or
expenses of possessor deteriorati negligence,
pending (owner’s on after summons
fruits option) k. k. to owner k. to
i. in money, Improve- or lawful owner or
or ments due possessor lawful
ii. by to time or possessor
allowing full nature
cultivation
and
gathering of Possession of movables
all fruits  Possession of movables in good faith
e. e. reimbursed e. is equivalent to title.
Necessary to possessor; reimbursed  Requisites:
expenses retention to a) possession is in good faith
possessor; b) the owner has voluntarily parted
no with the possession of the thing
retention c) possessor is in the concept of
f.. Useful f. reimbursed f. no owner
expenses to possessor reimbursem
One who has lost or has been
(owner’s ent
option) unlawfully deprived of it , may
i. initial cost recover it from whomsoever
ii. plus value possesses it, ordinarily, without
 may remove reimbursement.
if no
reimburse-
ment, and no  Doctrines:
damage is a) owner of the thing must prove (1)
caused to the
ownership of the thing and (2) loss or
principal by
the removal unlawful deprivation; or bad faith of
g. g. reimburse- g. owner’s the possessor
Ornamen- ment at option: b) Where the owner acts negligently or
tal owner’s i. voluntarily parts with the thing
expenses option: removal, or owned, he cannot recover it from
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
40
the possessor allow the modification of the substance

c) The owner may recover the movable of the thing.
in case of loss or involuntary
deprivation; but must reimburse the Usufruct Lease
price paid if possessor acquired the 1. Always a real 1.Generally a
thing in good faith and at a public right personal right
sale. 2. Person creating 2. Lessor may not
the usufruct should be the owner
Loss of possession: be the owner or his
duly authorized
1. By the will of the possessor
agent
a) Abandonment 3. May be created 3.Generally created
b) Transfer or conveyance by law, by contract, by contract
2. Against the will of the possessor by will of the
a) Eminent domain testator, or by
b) Acquisitive prescription prescription
c) Judicial decree in favor of better 4. As a rule, 4.Lease generally
right usufruct covers all refers to uses only
d) Possession of another for more the fruits and all
than one year the uses and
benefits of the
NOTE: this refers to possession de
entire property
facto where the possessor loses the 5. Involves a more 5. Lease involves a
right to a summary action; but he or less passive more active owner
may still bring action publiciana or owner who allows or lessor who makes
reivindicatoria the usufructuary to the lessee to enjoy
e) By reason of the object enjoy the object
i. destruction or total loss of given in usufruct
the things 6. Pays for ordinary 6.Lessee is not
ii. withdrawal from commerce repairs and taxes on generally under
the fruits obligation to
undertake repairs or
USUFRUCT
pay taxes
 gives a right to enjoy the property of
another with the obligation of
Special Usufructs
preserving its form and substance,
a) of pension or income (Art 570)
unless the title constituting it or the
b) of property owned in common (Art.
law otherwise provides.
582)
 Characteristics:
c) of cattle (livestock) (Art. 591)
a. Real right
d) on vineyards and woodlands (Art.
b. Of temporary duration
575-576)
c. To derive all advantages from
e) on a right of action (Art. 578)
the thing due to normal
f) on mortgaged property (Art. 600)
exploitation
g) over the entire patrimony (Art.
d. may be constituted on real or
598)
personal property, consumable
h) over things which gradually
or non-consumable, tangible or
deteriorate (Art. 573)
intangible, the ownership of
i) of consumable property (Art 574)
which is vested in another
e. transmissible
Rights of the Usufructuary
1. As to the thing and its fruits
GENERAL RULE: Usufructuary is bound
a. To receive and benefit from the
to preserve the form and substance of
fruits
the thing in usufruct.
b. To enjoy any increase through
EXCEPTION: Abnormal usufruct whereby
accessions and servitudes
the law or the will of the parties may
c. To the half of the hidden
treasure he accidentally finds
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
41
d. To lease the thing, generally, for would mean that the

the same or shorter period as usufructuary does not
the usufruct. need it.
e. To improve the thing without
altering its form and substance NOTE: Effects of failure to post
f. Right to set-off the bond:
improvements he may have 1. owner shall have the following
made on the property against options:
any damage to the same a. receivership of realty, sale
g. To retain the thing until he is of movables, deposit of
reimbursed for advances for securities, or investment of
extraordinary expenses and money; OR
taxes on the capital b. retention of the property as
h. To collect reimbursements from administrator
the owner for indispensable 2. the net product shall be
extraordinary repairs, taxes on delivered to the usufructuary
the capital he advanced, and 3. usufructuary cannot collect
damages caused to him. credits due or make investments
i. To remove improvements made of the capital without the
by him if the same will not consent of the owner or of the
injure the property court until the bond is given.
2. As to the usufruct itself
a. To mortgage the right of 2. During the usufruct:
usufruct except parental a. To take care of the property
usufruct b. To replace with the young
b. To alienate the usufruct thereof animals that die or are
lost in certain cases when the
Obligations of the usufructuary: usufruct is constituted on flock
1. Before exercising the usufruct: or herd of livestock
a. To make an inventory of the c. To make ordinary repairs
property d. To notify the owner of urgent
b. To give a bond, EXCEPT extra-ordinary repairs
1) when no prejudice would e. To permit works and
result improvements by the naked
2) when the usufruct is owner not prejudicial to the
reserved by the donor or usufruct
parents f. To pay annual taxes and charges
3) in cases of caucion juratoria on the fruits
where the usufructuary, g. To pay interest on taxes on
being unable to file the capital paid by the naked owner
required bond or security, h. To pay debts when the usufruct
files a verified petition in is constituted on the whole
the proper court asking for patrimony
the delivery of the house and i. To secure the naked owner’s or
furniture necessary for court’s approval to collect
himself and his family credits in certain cases
without any bond or j. To notify the owner of any
security. prejudicial act committed by
 takes an oath to take third persons
care of the things and k. To pay for court expenses and
restore them costs regarding usufruct.
 property cannot be
alienated or encumbered 3. At the termination of the usufruct:
or leased because this a. To return the thing in usufruct to
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
42
the owner unless there is a right by the division of the estate

of retention between two or more persons
b. To pay legal interest on the f) It is a right limited by the needs of
amount spent by the owner for the dominant owner or estate,
extraordinary repairs or taxes on without possession
the capital g) It cannot consist in the doing of an
c. To indemnify the owner for any act unless the act is accessory in
losses due to his negligence or of relation to a real easement
his transferees h) It is a limitation on the servient
owner’s rights of ownership for the
Extinguishment of Usufruct: (PT2DERM) benefit of the dominant owner; and,
1. Prescription therefore, it is not presumed
2. Termination of right of the person
constituting the usufruct  Classification:
3. Total loss of the thing 1. As to its exercise:
4. Death of the usufructuary, unless a)Continuous Easements – those the
contrary intention appears use of which is, or may be,
5. Expiration of the period or incessant without the
fulfillment of the resolutory intervention of any act of man
condition b) Discontinuous Easements – those
6. Renunciation of the usufructuary which are used at intervals and
7. Merger of the usufruct and depend upon the acts of man
ownership in the same person
2. As to the indication of their
EASEMENT OR SERVITUDE existence:
 Encumbrance imposed upon an a) Apparent Easements – those
immovable for the benefit of a which are made known and are
community or one or more persons continually kept in view by
or for the benefit of another external signs that reveal the
immovable belonging to a different use and enjoyment of the same
owner. b) Non-apparent Easements – those
which show no external
 Concept: it is a real right, indication of their existence
constituted on the corporeal
immovable property of another, by 3. As to duty of servient owner
virtue of which the owner of the a) Positive – the servient owner
latter has to refrain from doing or must allow something to be done
must allow something to be done on in his property or do it himself.
his property, for the benefit of These are called servitudes of
another person or tenement. intrusion and or/service”
b) Negative – the servient owner
 Characteristics: must refrain from doing
a) It is a real right but will affect third something which he could
persons only when duly registered lawfully do if the easement did
b) It is enjoyed over another not exist
immovable, never on one’s own
property Easement Lease
c) It involves two neighboring estates 1. Real right, Real right only when
(in case of real easements) whether registered it is registered, or
d) It is inseparable from the estate to or not when its subject
which it is attached, and, therefore, matter is real
cannot be alienated independently property and the
of the estate duration exceeds
e) It is indivisible for it is not affected one year
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
43
2. Imposed only on May involve either 2. Notify the servient owner of

real property real or personal works necessary for the use and
3. There is a limited Limited right to preservation of the servitude
right to the use of both the possession 3. Choose the most convenient
real property of and use of another’s time and manner in making the
another but without property
the right of
necessary works as to cause the
possession least inconvenience to the
servient owner
4. Contribute to the necessary
Easement Usufruct expenses if there are several
1. Imposed only on May involve either
dominant estates
real property real or personal
property
2. Limited to Includes all the uses Servient Owner
particular or and the fruits of the  Rights:
specific use of the property 1. To retain ownership and
servient estate possession of the servient estate
3. A non-possessory Involves a right of 2. To make use of the easement,
right over an possession in an unless there is agreement to the
immovable immovable or contrary
immovable 3. To change the place or manner
4. Not extinguished Extinguished by the of the easement, provided it be
by the death of the death of the equally convenient
dominant owner usufructuary
 Obligations:
 Modes of Acquisition: (PDFAT) 1. Cannot impair the use of the
1. by prescription of 10 years easement
(continuous and apparent 2. Contribute to the necessary
easements) expenses in case he uses the
2. by deed of recognition easement, unless there is an
3. by final judgment agreement to the contrary
4. by apparent sign established by
the owner of two adjoining Extinguishment of Easements:
estates (REMAIN BREW)
5. by title 1. Redemption agreed upon
2. Expiration of the term or
Dominant Owner fulfillment of the resolutory
 Rights condition
1. To exercise all the rights 3. Merger of ownership of the
necessary for the use of the dominant and servient estate
easement 4. Annulment of the title to the
2. To make on the servient estate servitude
all the works necessary for the 5. Permanent Impossibility to use
use and preservation of the the easement
servitude 6. Non-user for 10 years
3. To renounce the easement if he a. discontinuous: counted
desires to exempt himself from from the day they ceased to
contribution to necessary be used
expenses b. continuous: counted
4. To ask for mandatory injunction from the day an act adverse
to prevent impairment of his use to the exercise takes place
of the easement 7. Bad condition - when either or
both estates fall into such a
 Obligations: condition that the easement
1. Cannot render the easement or could not be used
render it more burdensome
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
44
8. Resolution of the right to create 2. There must be no adequate

the servitude, i.e. in case of outlet to a public highway
pacto de retro, when the 3. Right of way must be absolutely
property is redeemed necessary
9. Expropriation of the servient 4. Isolation must not be due to the
estate claimant’s own act
10. Waiver by the dominant owner 5. Easement must be established at
the point least prejudicial to the
EASEMENT FOR WATERING CATTLE servient estate
 This is really a combined easement 6. Payment of proper indemnity
for drawing of water and right of way  it is the needs of the dominant
 Requisites: property which ultimately determine
a) must be imposed for reasons of the width of the passage, and these
public use needs may vary from time to time
b) must be in favor of a town or (Encarnacion vs. CA, 195 SCRA 72).
village  Special cause of extinction: the
c) indemnity must be paid opening of a public road, or joining
the dominant tenement to another
EASEMENT OF AQUEDUCT with exit on a public road.
 The right arising from a forced NOTE: the extinction in NOT
easement by virtue of which the automatic. There must be a demand
owner of an estate who desires to for extinction coupled with tender of
avail himself of water for the use of indemnity by the servient owner.
said estate may make such waters
pass through the intermediate estate PARTY WALL
with the obligation of indemnifying  a common wall which separates 2
the owner of the same and also the estates built by common agreement
owner of the estate to which the at the dividing line such that it
water may filter or flow. occupies a portion of both estates on
 Character: apparent and continuous equal parts.
 Requisites:
a) dominant owner must prove that Party Wall Co-ownership
he has the capacity to dispose of 1. Shares of parties Shares of the co-
the water cannot be owners can be
b) that the water is sufficient for physically divided and
the intended use segregated but they separated
can be physically physically but
c) that the course is most
identified before such
convenient, and least onerous to division, a co-owner
the 3rd person cannot point to any
d) payment of indemnity definite portion of
the property as
RIGHT OF WAY belonging to him
 The right granted to the owner of an 2. No limitation as None of the co-
estate which is surrounded by other to use of the party owners may use the
estates belonging to other persons wall for exclusive community property
and without an adequate outlet to a benefit of a party for his exclusive
benefit
public highway to demand that he be
3. Owner may free Partial renunciation
allowed a passageway throughout himself from is allowed
such neighboring estates after contributing to the
payment of proper indemnity cost of repairs and
 Requisites: construction of a
1. Claimant must be an owner of party wall by
enclosed immovable or one with renouncing all his
real right rights thereto
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
45
wall
 Presumptions of existence (juris
tantum): LIGHT AND VIEW
1. in adjoining walls of buildings, 1. Easement of Light (jus luminum) -
up to common elevation right to admit light from the
2. in dividing walls of gardens and neighboring estate by virtue of the
yards (urban) opening of a window or the making
3. in dividing fences, walls and live of certain openings.
hedges of rural tenements  Requisites:
4. in ditches or drains between a. opening must not be greater
tenements than 30 centimeters squared,
made on the ceiling or on the
 Rebuttal of presumption: wall; and
1. title b. there must be an iron grating
2. by contrary proof: 2. Easement of view (jus prospectus) –
3. by signs contrary to the the right to make openings or
existence of the servitude (Arts. windows, to enjoy the view through
660 & 661) the estate of another and the power
NOTE: if the signs are to prevent all constructions or work
contradictory, they cancel each which would obstruct such view or
other make the same difficult. It
necessarily includes easement of
 Rights of part owners: light
1. to make use of the wall in
proportion to their respective Restrictions on openings in one’s own
interests, resting buildings on it wall when contiguous (less than 2m) to
or inserting beams up to one-half another’s tenement:
of the wall’s thickness 1. it cannot exceed 1 foot sq. (30 cm
2. to increase the height of the each side)
wall 2. openings must be at the height of
a. at his expense the joists, near the ceiling (Choco
b. upon payment of proper vs. Santamaria, 21 Phil 132)
indemnity 3. the abutting owner may:
c. to acquire half interest in a. close the openings if the wall
any increase of thickness or becomes a party wall
height, paying a b. block the light by building or
proportionate share in the erecting his own wall unless
cost of the work and of the a servitude is acquired by
land covered by the increase title or prescription
c. ask for the reduction of the
 Obligations of each part-owners: opening to the proper size
1. to contribute proportionately to
the repair and maintenance Restrictions as to views
unless he renounces his part- 1. Direct views: the distance of 2
ownership METERS between the wall and the
2. if one part owner raises the boundary must be observed
height of the wall, he must: 2. Oblique views: (walls perpendicular
a. bear the cost of or at an angle to the boundary line)
maintenance of the additions must not be less than 60cm from the
b. bear the increased expenses boundary line to the nearest edge of
of preservation the window
c. bear the cost of construction NOTE: Any stipulation permitting lesser
d. give additional land, if distances is void.
necessary, to thicken the
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
46
Modes of acquisition surrounding.

1. by title 2. Per accidens – nuisance by
2. by prescription reason of circumstances,
a. positive – counted from the time location, or surroundings.
of the opening of the window, if 3. Public – affects the community
it is through a party wall or a considerable number of
b. negative – counted from the persons.
formal prohibition on the 4. Private – affects only a person or
servient owner. a small number of persons.
NOTE: mere non-observance of distances
prescribed by Art. 670 without formal Doctrine of Attractive Nuisance:
prohibition, does not give rise to  One who maintains on his premises
prescription dangerous instrumentalities or
VOLUNTARY EASEMENTS appliances of a character likely to
 Constituted by the will of the parties attract children in play and who
or of a testator. fails to exercise ordinary care to
 The owner possessing capacity to prevent children from playing
encumber property may constitute therewith or resorting thereto is
voluntary servitude. If there are liable to a child of tender years who
various owners, ALL must consent; is injured thereby, even if the child
but consent once given is not is technically a trespasser in the
revocable premises.
 Voluntary easements are established
in favor of: Remedies against public nuisance:
1. predial servitudes: (PCE)
a. for the owner of the 1. Prosecution under the RPC or
dominant estate local ordinance
b. for any other person having 2. Civil Action
any juridical relation with 3. Extrajudicial Abatement
the dominant estate, if the
owner ratifies it. Remedies against private nuisance:
2. personal servitudes: for anyone (CE)
capacitated to accept. 1. Civil Action
2. Extrajudicial Abatement
NUISANCE
 Any act, omission, establishment, Extrajudicial Abatement
business or condition of property or  Requisites:
anything else which: (ISAHO) 1. nuisance must be specially
1. Injures/endangers the health or injurious to the person affected;
safety of others; 2. no breach of peace or
2. Shocks, defies or disregards unnecessary injury must be
decency or morality; committed;
3. Annoys or offends the senses; 3. prior demand;
4. Hinders or impairs the use of 4. prior demand has been rejected;
property; or 5. approval by district health
5. Obstructs or interferes with the officer and assistance of local
free passage to any public police; and
highway or street, or body of 6. value of destruction does not
water. exceed P3,000.
 Classes: THEORY OF MODE AND TITLE

1. Per se – nuisance at all times and
under all circumstances  MODE is the specific cause which
regardless of location and gives rise to them, as the result of
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
47
the presence of a special condition appropriation by nature

of things, of the aptitude and intent 4. the thing must be without an
of persons, and of compliance with owner
the conditions established by law. 5. there must be an intention to
This is the proximate cause of the appropriate
acquisition.
 Specific instances:
 TITLE is the juridical justification for 1. hunting and fishing
the acquisition or a transfer of 2. finding of movables which do not
ownership or other real right. This is have an owner
the remote cause of the acquisition. 3. finding of abandoned movables
4. finding of hidden treasure
DIFFERENT MODES (and TITLES) of

ACQUIRING OWNERSHIP 5. catching of swarm of bees that
has escaped from its owner,
Modes of Titles of under certain conditions
acquiring acquiring 6. catching of domesticated
ownership ownership animals that have escaped from
A. Original Modes their owners, under certain
1. Occupation 1. Condition of conditions
being without 7. catching of pigeons without
known owner fraud or artifice
2. Work which 2. Creation, 8. transfer of fish to another
includes discovery or
breeding place without fraud or
Intellectual invention
creation artifice
B. Derivative modes
3. Law 3. Existence of TRADITION/DELIVERY
required  a mode of acquiring ownership as a
conditions consequence of certain contracts, by
4. Tradition 4. Contract of the virtue of which, the object is placed
parties in the control and possession of the
5. Donation 5. Contract of the transferee, actually or
parties constructively.
6. Prescription 6. Possession in
the concept of  Kinds:
owner
1. Real Tradition - actual delivery
7. Succession 7. Death
2. Constructive Tradition
a. traditio symbolica –
OCCUPATION parties make use of a token
 a mode of acquiring ownership by or symbol to represent the
the seizure of things corporeal which thing delivered
have no owner, with the intention of b. traditio longa manu – by
acquiring them, and according the mere consent of the parties
rules laid down by law. if the thing sold cannot be
transferred to the possession
 Requisites: of the vendee at the time of
1. there must be seizure of a thing the sale
2. the thing seized must be c. traditio brevi manu –
corporeal personal property when the vendee already has
3. the thing must be susceptible of
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
48
possession of the thing sold the donor (diminution of his

by virtue of another title assets)
d. traditio constitutum
possessorium – when the  Classification:
vendor continues in 1. As to effectivity:
possession of the thing sold a. inter vivos
not as owner but in some b. mortis causa
other capacity c. propter nuptias
3. Quasi-tradition – exercise of the 2. As to perfection/extinguishment:
right of the grantee with the a. pure
consent of the grantor b. with a condition
4. Tradicion por ministerio de la ley c. with a term
– delivery by operation of law 3. As to consideration:
6. Tradition by public instrument a. simple - gratuitous
b. remuneratory or compensatory –
 Requisites: made on account of donee’s
1. right transmitted should have merits
previously existed in the c. modal – imposes upon the donee
patrimony of the grantor a burden which is less than the
value of the thing donated
2. transmission should be by just
title
3. grantor and grantee should have
Donation Inter Donation Mortis
intention and capacity to
Vivos Causa
transmit and acquire
1. Takes effect Takes effect upon the
4. transmission should be
independently of death of the donor
manifested by some act which the donor’s death
should be physical, symbolical or 2. Title conveyed Title conveyed upon
legal to the donee donor’s death
before the donor’s
DONATION death
 an act of liberality whereby a person 3. Valid if donor Void if donor survives
disposes gratuitously of a thing or survives donee donee
right in favor of another who accepts 4. Generally irrevo- Always revocable
it cable during
donor’s lifetime
 Requisites: CIDA 5. Must comply Must comply with the
with the formalities required
1. donor must have capacity to formalities by law for the
make the donation required by Arts. execution
2. he must have donative intent 748 and 749 of the Of wills
(animus donandi) Code
3. there must be delivery
4. donee must accept or consent to Donations prohibited by law:
the donation 1. Made by persons guilty of adultery or
concubinage at the time of donation;
 Essential features/elements of a 2. Made between persons found guilty
true donation: of the same criminal offense in
a) Alienation of property by the consideration thereof;
donor during his lifetime, which 3. Made to a public officer or his/her
is accepted spouse, descendants or ascendants in
b) Irrevocability by the donor consideration of his/her office;
c) Intention to benefit the donee 4. Made to the priest who heard the
(animus donandi) confession of the donor during the
d) Consequent impoverishment of latter’s last illness, or the minister
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
49
of the gospel who extended spiritual

aid to him during the same period; LIMITATIONS ON DONATION OF
5. Made to relatives of such priest, etc. PROPERTY
within the 4th degree, or to the 1. Future property cannot be
church to which such priest belongs; donated.
6. Made by a ward to the guardian 2. Present property that can be
before the approval of accounts; donated:
7. Made to an attesting witness to the a) if the donor has forced heirs: he
execution of donation, if there is cannot give or receive by
any, or to the spouse, parents, or donation more than he can give
children, or anyone claiming under of receive by will
them. b) if the donor has no forced heirs:
8. Made to a physician, surgeon, nurse, donation may include all present
health officer or druggist who took property provided he reserves in
care of the donor during his/her last full ownership or in usufruct:
illness; 1) the amount necessary to
9. Made by individuals, associations or support him, and
corporations not permitted by law to 2) those relatives entitled to
make donations; and support from him
10. Made by spouses to each other 3) property sufficient to pay
during the marriage or to persons of the donor’s debt contracted
whom the other spouse is a prior to the donation.
presumptive heir. 3. Donation should not prejudice
Forms of donations: creditors
1. Donations of movable property: 4. Donee must reserve sufficient
a. With simultaneous delivery of means for his support and for his
property donated: relatives which are entitled to
i. it may be oral/written – be supported by him.
P5,000 or less;
ii. if value exceeds P5,000 – EFFECTS OF DONATION
written in public or private 1. donee may demand the delivery of
document the thing donated
b. Without simultaneous delivery: 2. donee is subrogated to the rights of
 the donation and acceptance the donor in the property
must be written in a public 3. in donations propter nuptias, the
or private instrument, donor must release the property
regardless of value from encumbrances, except
servitudes
2. Donation of immovable property: 4. donor’s warranty exists if
a. must be in a public instrument a. expressed
specifying the property donated b. donation is propter nuptias
and the burdens assumed by c. donation is onerous
donee, regardless of value d. donor is in bad faith
b. acceptance must be either: 5. when the donation is made to
i. in the same instrument; or several donees jointly, they are
ii. in another public entitled to equal portions, without
instrument, notified to the accretion, unless the contrary is
donor in authentic form, and stipulated
noted in both deeds
Payment of the donor’s debt by the
NOTE: Expression of gratitude to the donee
donor without express acceptance was 1. If there is express stipulation: the
held a sufficient acceptance (Cuevas vs donee is to pay only debts
Cuevas) contracted before the donation, if
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
50
not otherwise specified; but the

donee answers only up to the value Acquisitive Extinctive
of the property donated, if no prescription prescription
stipulation is made to the contrary 1. relationship 1. one does not look
2. If there is no stipulation: the donee between the to the act of the
is answerable for the debts of the occupant and the possessor but to the
donor only in case of fraud against land in terms of neglect of the owner
creditors. possession is capable
of producing legal
consequences; it is
ACTS OF INGRATITUDE the possessor who is
1. If the donee should commit some the actor
offense against the person, honor or 2. requires possession 2. requires inaction
property of the donor, or of his wife by a claimant who is of the owner or
or children under his parental not the owner neglect of one with
authority a right to bring his
2. If the donee imputes to the donor action
any criminal offense, or any act 3. applicable to 3. applies to all
involving moral turpitude, even ownership and other kinds of rights,
real rights whether real or
though he should prove it, unless the
personal
crime or act has been committed
4. vests ownership or 4. produces the
against the donee himself, his wife other real rights in extinction of rights
or children under his authority the occupant or bars a right of
3. Refusal to support the donor action
5. results in the 5. results in the loss
PRESCRIPTION acquisition of of a real or personal
 Kinds: ownership or other right, or bars the
1. Acquisitive prescription - one real rights in a person cause of action to
as well as the loss of enforce said right
acquires ownership and other real said ownership or real
rights through the lapse of time in rights in another
the manner and under the conditions 6. can be proven 6. should be
laid down by law. under the general affirmatively
a. Ordinary acquisitive issue without its pleaded and proved
prescription: requires possession being affirmatively to bar the action or
of things in good faith and with pleaded claim of the adverse
just title for the time fixed by party
law
b. Extraordinary acquisitive Period of Prescription
prescription: acquisition of Movables Immovables
ownership and other real rights 1. Good Faith
without need of title or of good 4 years 10 years
faith or any other condition 2. Bad Faith
 Requisites: 8 years 30 years
1) capacity to acquire by
prescription Rules on Computation of Period:
2) a thing capable of acquisition by 1. The present possessor may complete
prescription the period necessary for prescription
3) possession of thing under certain by tacking his possession to that of
conditions his grantor or predecessor
4) lapse of time provided by law
2. It is presumed that the present
2. Extinctive Prescription – rights and possessor who was also the possessor
actions are lost through the lapse of at a previous time, has continued to
time in the manner and under the be in possession during the
conditions laid down by law.
CIVIL LAW COMMITTEE
Gayon
Rhodora
John Stephen
Purganan(LTD),
51
intervening time, unless there is

proof to the contrary Persons against whom prescription
3. The first day shall be excluded and does NOT run:
the last day included 1. Between husband and wife, even
though there be separation of
Persons Against Whom Prescription property agreed upon in the
runs: marriage settlements or by judicial
1. Minors and other incapacitated decree.
persons who have parents, guardians 2. Between parents and children,
or other legal representatives during the minority or insanity of the
2. Absentees who have administrators latter
3. Persons living abroad who have 3. Between guardian and ward during
managers or administrators the continuance of the guardianship
4. Juridical persons, except the state
and its subdivision
Prescriptive Actions Prescriptive period Actions

period
a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

inexistent or void donations due to
contract non-compliance of
 to quiet title conditions
 to demand a  action to rescind
right of way partition of
 to bring an deceased’s estate
action for on account of
abatement of lesion
public nuisance  action to claim
 to demand rescission of
partition in co- contracts
ownership  annulment of
 to enforce a contracts for vice
trust of consent
 probate of a  actions upon a
will quasi-delict
 to recover  action to revoke
possession of a or reduce
registered land donations based on
under the Land birth, appearance
Registration Act or adoption of a
by the registered child
owner  actions upon an
injury to the rights
of the plaintiff (not
arising from
contract)
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
52
b) 30 YEARS  real actions h) 3 YEARS  actions under

over immovables the eight hour
(but not labor law
foreclosure)  actions to
without prejudice recover losses in
to the acquisition gambling
of ownership or money claims as
real rights by a consequence of
acquisitive employer-
prescription employee
relationship
 action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad
c) 10 YEARS  actions upon a i) 2 YEARS  action to

written contract impugn legitimacy
 actions upon of a child if the
an obligation husband or his
created by law heirs are not
 actions upon a residing in the city
judgment from or municipality of
the time birth
judgment
becomes final
 actions among
co-heirs to
enforce warranty
against eviction in
partition
 Mortgage
action
d) 8 YEARS  action to j) 1 YEAR  action to

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his
title for a shorter heirs are residing
period or to the in the city or
possessors title municipality of
under Arts. 559, birth
1505 and 1133  forcible entry
and unlawful
detainer
 Defamation
 Revocation of
donation on the
ground of
ingratitude
 Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),
53
 action for
warranty of
solvency in
assignment of
credits
 actions for loss
or damage to goods
under the COGSA
e) 6 YEARS  actions upon k) 6 MONTHS  actions for

an oral (verbal) warranty against
contract hidden defects or
 actions upon a encumbrances over
quasi-contract the thing sold
f) 5 YEARS  action for l) 40 DAYS  redhibitory

annulment of action based on
marriages (except faults or defects of
on the ground of animals
insanity) and for
legal separation
counted from the
occurrence of the
cause
 actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
 action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
 all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues
CIVIL LAW COMMITTEE

Gayon
Rhodora
John Stephen
Purganan(LTD),

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MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

4. in general, all things which can be separation of movables from the

MEMORY AID IN CIVIL LAW

the Roppongi and related Here, the Law of Municipal Corporations

MEMORY AID IN CIVIL LAW

to other real rights existing thereon.  Requisites: (ID)

MEMORY AID IN CIVIL LAW

defendant to ground is non- precious objects, the lawful

MEMORY AID IN CIVIL LAW

a) in possession of a possessor in from the land. He is entitled to such

MEMORY AID IN CIVIL LAW

NOTES: owner against diminution of the area

MEMORY AID IN CIVIL LAW

banks- to the reparian i)to recover the value plus

MEMORY AID IN CIVIL LAW

1) to acquire the work, 4. plaintiff must return to the

MEMORY AID IN CIVIL LAW

building from falling. Should he fail 6. Testamentary disposition or

MEMORY AID IN CIVIL LAW

according to their own others

MEMORY AID IN CIVIL LAW

EXTINGUISHMENT OF CO-OWNERSHIP material part thereof unfit for use;

MEMORY AID IN CIVIL LAW

2. possession with juridical title an heir.

MEMORY AID IN CIVIL LAW

same, the one with a title i. removal if ii. value

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

the possessor allow the modification of the substance

MEMORY AID IN CIVIL LAW

d. To lease the thing, generally, for would mean that the

MEMORY AID IN CIVIL LAW

the owner unless there is a right by the division of the estate

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

2. Imposed only on May involve either 2. Notify the servient owner of

MEMORY AID IN CIVIL LAW

8. Resolution of the right to create 2. There must be no adequate

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

Modes of acquisition surrounding.

 Classes: THEORY OF MODE AND TITLE

MEMORY AID IN CIVIL LAW

the presence of a special condition appropriation by nature

DIFFERENT MODES (and TITLES) of

MEMORY AID IN CIVIL LAW

possession of the thing sold the donor (diminution of his

MEMORY AID IN CIVIL LAW

of the gospel who extended spiritual

MEMORY AID IN CIVIL LAW

not otherwise specified; but the

MEMORY AID IN CIVIL LAW

intervening time, unless there is

Prescriptive Actions Prescriptive period Actions

a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

b) 30 YEARS  real actions h) 3 YEARS  actions under

c) 10 YEARS  actions upon a i) 2 YEARS  action to

d) 8 YEARS  action to j) 1 YEAR  action to