OWNERSHIP

• Juridical relation of a person over a

thing by virtue of which said person
A RT. 4 2 7 . has the exclusive power or
OW N E R S H I P authority to receive all the benefits
M AY B E
and advantages arising from said thing.
EXERCISED
OV E R T H I N G S O R • The thing is completely subjected to
RIGHTS. his will.
• Except those prohibited by law or limited
by others’ recognized rights
 BUNDLE OF RIGHTS

Jus fruendi Jus abutendi

Jus utendi Jus disponendi
(right to fruits and (right to dispose) (right to utilize
(right to use)
privileges) according to purpose)

Jus vindicandi
Right to exclude Right to enclose
(right to recover (Art 429) (Art 430)
possession)
 OWNERSHIP:
BENEFICIAL VS. NAKED

Beneficial Ownership Naked Ownership

• ownership recognized • owns property on paper

by law and capable of only; bare title
being enforced in court; • Does not enjoy its
use and title possession, fruits, and
• Enjoyment of all other attributes of
privileges of ownership ownership
 • Right to enjoy the thing
ART. 428. • Right to dispose of the thing
THE THREE RIGHTS • Right to recover the
possession or ownership
 • Right to enjoy
• To collect fruits, rents, and another
benefits accruing from the thing
A RT. 4 2 8 . PA R . 1 .
TH E TH REE RI GH TS • To use according to its natural
destination
• To make the thing serve one’s necessities
and even personal whims
 • Right to dispose
A RT. 4 2 8 . PA R . 1 . • To sell, donate, mortgage, encumber his
TH E TH REE RI GH TS property
• To destroy subject to legal restrictions
 • Right to enjoy
Example:
Jacky bought an apartment.
Jade happens to be a lessor the
A RT. 4 2 8 . PA R . 1 . apartment with the previous owner but
TH E TH REE RI GH TS the contract is unregistered.
Jacky wants to be in possession of the
apartment.
Jade pleaded Jacky, saying that she has
nowhere to go if she is kicked out.
ART. 428. PAR. 1. THE THREE
RIGHTS
Can Jacky kick Jade out of the apartment?
 Answer: YES.
ART. • The plea of the occupant cannot
428. defeat the right of the owner to
get the possession of the
PAR. 1. property she owns, more so if
THE the lease contract is
THREE unregistered.
RIGHTS Villanueva vs. Canlas
Saul vs. Hawkins
 • Right to Recover
ART. 428. PAR. • To recover possession of property which
is unlawfully taken or withheld from him
2. THE THREE by another
RIGHTS
• Given only to the owner but may be
transferred to a rightful person
 ACTIONS FOR RECOVERY OF
POSSESSION
Action What Where filed When Filed Basis

Forcible Entry Action for MTCReal Property

Within one Physical
or Unlawful recovery Summary year from possession
Detainer of proceeding deprivation
possessio through force,
n of real intimidation,
property stealth, strategy
Accion RTC After one year Superior right of
Publiciana Ordinary civil from deprivation ownership
proceeding

Accion RTC May be filed Right to possess

Reinvindicator anytime based on claim of
ia ownership
ACTIONS FOR RECOVERY OF
POSSESSION

• Accion Publiciana and Accion

Reinvindicatoria prescribes after 10
years from the deprivation.
• These are filed when the method of
deprivation is unknown.
Action What
Replevin Action for recovery of
Personal Property
possession of personal
property
 • Ancillary Remedy
ANCILLARY • Writs and processes available
REMEDIES during the pendency of the action
which may be resorted to by a
FOR litigant to preserve and protect
RECOVERY rights and interests therein
pending rendition, and for the
OF purpose of ultimately affecting a
final judgment in the case.
POSSESSION
 • Writ of Possession
• Order whereby a sheriff is
commanded to place a person in
possession of a real or personal
ANCILLARY property based on a court
judgment
REMEDIES
• When proper:
FOR • Land registration proceeding
RECOVERY (in rem)
OF • EJF of a realty mortgage

POSSESSION • JF of a mortgage (quasi in rem),

provided that the mortgagor is
in possession and there are no
third party intervenors
 • Writ of Possession
• GENERAL RULE: Issuance is a
ministerial duty of the court
• After consolidation of title in the
buyer’s name and failure of the
ANCILLARY mortgagor to redeem
REMEDIES • Issuance cannot be prohibited by
injunction nor be stayed by a
FOR pending action for annulment of
RECOVERY mortgage

OF • EXCEPTION: ceases to be
ministerial when there is a third
POSSESSION party in possession of the
property who is claiming a right
adverse to that of
debtor/mortgagor
 • Writ of Preliminary
Mandatory Injunction
• Must be filed by the possessor
deprived of his possession
ANCILLARY through forcible entry within ten
REMEDIES (10) days from the filing of the
complaint
FOR • Filed before a competent court
RECOVERY where forcible entry was filed

OF • Will restore him in his possession

POSSESSION • RATIONALE OF THE RULE:

prolonged litigation between the
owner and usurper would deprive
the former of his possession even
when he has an immediate right
thereto.
 State-imposed
• Police power
Salus populi est suprema • Taxation
lex. • Eminent domain

LIMITATIONS Imposed by the

Legal easements owner (ex: through
ON RIGHT OF lease or pledge)
OWNERSHIP

Imposed by the
grantor (ex: donor’s
prohibition to partition
the property for 20
years)
 • Police Power
L I M I TAT I O N S O N • Private property may be interfered
R I G H T O F OW N E R S H I P with for public welfare
• Not entitled to just compensation
 LIMITATIONS ON RIGHT OF
OWNERSHIP
• Police Power: Examples
 LIMITATIONS ON RIGHT OF
OWNERSHIP

• Police Power: Examples

 LIMITATIONS ON RIGHT OF
OWNERSHIP

• Police Power: Examples

 Taxation

• Inherent power of the State to

impose charges to raie revenue to
defray for the necessary
governmental expenses for public
purpose
• Examples:
L IMITATIO NS • Real Property Tax
O N R IGHT O F • Donor’s Tax
OWNER SHIP • Attachment/garnishment for non-
payment of taxes

Eminent Domain

• Taking of private property for public

purpose upon payment of just
compensation
 ART. 429
PRINCIPLE OF SELF-HELP

• 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.
 REQUISITES:

There is no delay;
GR: There must be
Actual or
no delay in the
threatened
pursuit.
Such force is used physical invasion
Reasonable force XPN: If he fails, the
by the owner or or usurpation or
is used; proper recourse is
legal possessor; immediately fter
to go to court if the
the disposition to
culprit has been
regain possession.
identified. (Art. 536)
 SHO OTING A N A NIMAL OW NED B Y
ANOTHER WHICH DESTROYED
P L ANTS IS NOT JUSTIFIED

• The owner of the plants who shot an

animal to death, out of vengeance is not
justified under the rule.
• The proper move for him to do is to drive
away the animal and then seek damages
from the owner of the animal.
• For shooting and killing the animal, he can
be convicted of malicious mischief.
 REQUISITES FOR THE
EXERCISE OF POLICE POWER

1 2 3
It must appear first The means employed There must be due
that the interests of are reasonably process
the public generally necessary and not
requires such unduly oppressive
interference upon individuals
 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.
 The owner of a parcel of land is
the owner of the surface thereof.

S U R FAC E A N D S U B -
S U R FAC E R I G H T S It is presupposed that he owns
the underneath or sub-surface of
such area.
 AERIAL OR SPACE RIGHT

• The owner of a parcel of land should be

the owner of the aerial space exactly
corresponding to the size and contours of
that land vertically imagined.
 RESTRICTIONS:

(c) Reasonable
requirements of
aerial navigation must
(a) The works, be respected. Such as
plantations and the prohibition to
(b) Special laws and
excavations he made build structures to a
ordinances must be
must not prejudice certain height which
complied with
easements or might affect the free
servitudes passage of airplanes
and aircrafts engaged
in commerce or in
other lawful activities
 LIMITATIONS ON SURFACE
AND SUB-SURFACE RIGHTS

Anything that will impede

subterranean travel, or
mining, or the digging of
underground shelters and
depots
 R EP UB L IC V S. CO URT O F AP P EAL S
160 SCR A 238

"The farmer cannot dig a well because he

may interfere with the mining operations
below"
Regalian Doctrine states that all mines and natural
resources discovered underneath the land of any
one in the Philippines belong to the State as these
mines are properties for the development of
national wealth.