TEST OF PROPERTY

 It is property because it is subject to appropriation.

 Capable of being appropriated
o Even government property can be, if the government declares that it can now be so.
o Roppongi case. But there must be a declaration by the government.
 Either 2 types:
o Movable
o Immovable
 IMMOVABLE PROPERTIES
o (10) Contracts for public works, and servitudes and other real rights over immovable
property. (334a)
o Contracts for public works – IMMOVABLE
o Collection for sum of money, immovable?
 Movable. Collectibles are property.
 All other contracts are personal (movable property)
o Servitudes
 Easements and other contracts involving real rights over immovables
 Usufructs – you can constitute usufructs over all properties
 Contract of lease over 1 year
o (1) Dead things – Land, buildings
o (2) Alive – Trees
o (3) Statues, reliefs, attached by the owner on land or buildings
 Statue of Mama Mary on top of the bridge (NOT IMMOVABLE)
 It must be placed on land or on building
 It must be placed by the owner
o (4) Machinery, receptacles placed by the owner for an industry to enhance that industry
 If it is placed by the lessee, will it fall under that enumeration?
 Technically no because law says “OWNER”
o But, jurisprudence: IF contract of lease provides that inprovements will be
owned by lessor at the end of the lease, the lessee is merely an agent. So It
can be considered immovable property.
o Treatment can be changed by contract. IMPORTANT.
o (5) Beehives, including the bees in the beehives
o (6) Fertilizers – pag sinabog na (used on piece of land)
o Can parties by contract agree to the treatment / classification W/N movable or immovable?
 YES.
 You could reclassify it
 Even the prescriptive period can be adjusted by contracts. Even if 10 nakalagay sa law, if the
contract says 2 years, then that is valid.
 MOVABLES

 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. (339a)
o Public use – canal , bridge
o Not for public use, but intended for public service
o Patrimonial property (if not there) -
 IF NOT IN THE ENUMERATION, NOT PUBLIC
o Public use and patrimonial
o What is the point?
 If the national government owns a market, is it patrimonial, public use, or public service?
 PUBLIC SERVICE
 If municipality – patrimonial property
 National government – public service

Art. 427. Ownership may be exercised over things or rights. (n)

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than 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. (348a)

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. (n)

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. (388)

 Ownership is the complete bundle of rights, which excludes everybody else over the property
o Right to enjoy
o Right to the fruits
o Jus ponendi
o Right to use
o Right to alienate
 But you must not prejudice other people in enjoying your property.
o Nuisance – anything that you do over your property that will cause or endanger the health,
tranquility, safety of you (private) or public at large.
 Molestia???
 Who can file a civil case for public nuisance?
 The mayor, by express provision of the law.
 Ingay, dust, smoke, jarring, glare, water
o Doctrine of Self Help – you can prevent someone from entering your property; you can fence your
property
 No one can prevent me, the driver from destroying the gate, will he be liable for criminal
negligence? NO
 But liable for indemnity by specific provision

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. (n)
 Owner can get indemnity for the damage

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. (351a)

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. (352)

 If you see a gold nugget found in your backyard, is that hidden treasure?
o NO. what is treasure? Already transformed artifact – coin, earring, jewels, ring. And these must be
hidden

Modes of acquiring ownership:

1. Sale
2. Donation
3. Inheritance
4. Prescription
5. Occupation – you can occupy personal movable property
 a. If you find a Rolex watch, look for the owner. Deposit it with the mayor. The mayor will make
publication. If no one gets it, who owns the property?
i. The finder.
b. If the owner surfaces, as a matter of right, the finder is entitled 1/10 of the value or 10%. The finder
can sue the owner.

Art. 441. To the owner belongs:

(1) The natural fruits;

(2) The industrial fruits;

(3) The civil fruits. (354)

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 price of leases of lands and other property and the amount of perpetual or
life annuities or other similar income. (355a)

DIFFERENT KINDS OF FRUITS

 Natural
o You have to wait for the fruits to fall on your yard (you cant cut the branch)
 But the root you can cut
 Civil
o Rentals, dividends,
 Industrial
o Nabibili

RULE ON ACCESSION

 If you cannot separate them, because if you do, it will break. (ACCESSION)
o Nagblend na sila. To separate them would involve destruction.
 Alluvium
o RULE: The accessory always follows the principal
 What is the principal if it’’s immovable?
 The land.
 Accessory:
 Anything constructed over the land.
o Presumptions:
 Who incorporated it? The owner.
 Who spent for it? The owner.
o SCENARIO 1: The owner thought the material is his (GF)
 The law says: LO tells MO I’ll pay you.
 Bad faith: LO can still pay MO even if bad faith (but with damages)
o SCENARIO 2: The material owner (MO) thought the land is his (GF)
 Indispensable requirement is good faith.
 LO will be prioritized (because accessory follows the principal)
 REMEDIES:
o Buy what you made
o Buy the land
 If it can be removed without destruction (ex fence)
 MO says I’ll remove it. LO says no, I’ll buy it.
o In case of conflict, MO wins because there is no accession!! Wala naman
nasisira. There is no accession so this chapter does not apply.
GOOD FAITH / BAD FAITH RULE FOR IMMOVABLES

2. Necesssary expenses: will you always get necessary expenses, regardless of whether or notyoure in GF or BF?

 YES. Will always be reimbursable.

 ABSOLUTE RULE

3. Useful expenses

 Only if GF

4. Luxurious expenses

 For free.

5. Right of retention

 Only in good faith

ACCESSION IN RELATION TO MOVABLE PROPERTIES

1. Adjunction – visible; alam natin yung dinudugtong. Like a ring with diamond.
a. What is the accessory? What is attached
b. If in doubt: More in value
i. If equal: More in volume
1. Ex: when law tells your otherwise
2. Mixture – co-ownership; pure and simple co-ownership.
a. Proportionality; how much your interest is will depend on your evidence.
3. Specification – it involves only 1 material; changes in form. Nung binago mo mas mahal. A new product is
created out of specification.
a. A new

QUIETING OF TITLE

 ABC brought property. A & B are owners in the title. C files a case to void the title because it does not
include him. Is the remedy correct?
o Quieting of title – because there appears to be an instrument, record, which appears to be valid
but invalid, unenforceable, annullable, or void.
 Can be curative or preventive
o Is it a proceeding in rem? Does it bind the whole world?
 NO.
o Does it involve real rights?
 YES.
o Quasi in rem. It appears to involve rights to immovable rights but it only involves the parties.
o Someone with greater rights can come in.

Plaintiff must have LEGAL or EQUITABLE TITLE to or INTEREST in REAL PROPERTY

For purposes of prescription, person has an equitable right. I produce a certificate of title today. But X happens to be
there for 30 years + all the requisites of prescription. Can he file a case for quieting of title?

YES. Because he has an equitable right.

o LEGAL TITLE: sale, donation, inheritance, occupation.

o Within what period can you enforce a judgment?
 10 years.
 5 years by motion
 5 years by action
  Ex: you are a judgment debtor. Now, the other party made the 10 year period lapse; is that
extinctive prescription?
 Statute of limitation.
 476 says:

RUINOUS BUILDINGS AND TREES

 report this to the administrator of the municipality

o obligation of the owner to remedy it
o you cant take the law in your own hands. You have to go to the administrator.

CO_OWNERSHIP

1. Among co-owners
2. Against 3rd persons

CHARATERISTICS

1. Pro-indiviso – it’s a whole mass with separate interests which is not earmarked. You only know that you only
own an aliquot part.
2. Many co-owners – theyw ill have their own interests / aliquot parts
3. Interests in aliquot portions
a. Entered into EJ settlement; I have the north, you have the south. Is there still a co-ownership?
i. NO. For as long as each aliquot part is already identifiable by any means, it’s done. There is
no more co-ownership.

Can a co-owner be forced to stay in a co-ownership?

 Cannot be compelled to remain in the co-ownership

o If A, a co-ower, sold his portion to the co-ownership, the sale will only be valid to his share. BCD can
file a case for partition. Because the only sale that is valid is the portion of A, because BCD cannot
declare the sale void.
 Can one of the co-owners file an ejectment case?
o Yes. Because when he does that, he is representing everyone.
o BUT in DISMISSAL: Every co-owner must agree when a case is dismissed. Because in effect you’re
deciding for yourself that the nature of the property is being altered. And when you alter property, it
should be a unanimous decision.
o Alteration: No consent from co-owners -> INVALID, even if it redounded to the benefit of the others.
 EXCEPT: Ordinary acts of adminitration
 Can you file an ejectment suit against a co-owner?
o YES. But you cannot file a writ of execution to take him out. Because he is a co-owner.
o What if di siya nagbabayad ng rent?
 Acknowledgement of co-ownership, It will be a basis to claim damages. Because it deprives
co-owners of their right to enjoy property.
 Co-owner A built a house on the co-owned property. BCD didn't mind. Pero BCD said, you are the only one
who enjoys the property. So by way of damages, pay us rent. Judge ordered the payment of rent? Is the
judge correct?
o No. cannot claim damages. Because A is entitled to enjoy the whole of the property.
 A leased a fishpond, nag expire yung lease, pwede mag claim ng damages. Kasi it's a contract, versus the
earlier situation na ordinary exercise of ownership
 Right of redemption: 30 days from notice. So if he keeps quiet, period does not run.
o Form of notice: written notice.
 Personal v. Cosntructive notice
 Personal = written notice.
  Conflict resolution among co-owners:
o Contract: 10
o Donation / Gratuitous: 20
 No prescription among co-heirs because they are trustees a,pmg each other/ they must repudiate the co-
ownership.

CONDOMINIUM LAW

 Master of enabling deed – registered in the registry of property

o The enabling deed will contain the descripton of the land, building, the plans, width, length, other
physical descriptions.
 Deed of Restriction – contains the restrictions in relation to that project.
o Ex: rules and regulations, by laws.
 Articles of incorporation – different. Managed by the condominium corporation.
 What comprises a condomium interest?
o Interest in your unit
o Interest directly or indirectly in the land in proportion to the smallness or bigness in your interest in
land
o Common areas
o Other interests that may be provided in the master or enabling deed
 Condominium unit is a special type of co-ownership
o Salient points:
 Common areas are owned by the condominium corporation
 Why is this important?
o CAN A FOREIGNER OWN A CONDOMINIUM UNIT?
 YES!
 The common areas including the land are owned by the
condominium corporation. Basta 60% of the condominium is Filipino
owned, yes.
 Unit owner may be foreigner of Filipino because the land is owned
by the corporation.
 The unit owner is at the same time, a shareholder of a corporation.
Basta wag lalagpas ng 60%.
o Not an indirect or circumvention of the law.
o Is the support beam of the condo yours? NO! anything that supports your condo is not yours.
Superficial interiors of your condo is not yours. But the law allows you to hang something, paint it,
etc.
 There is an easement in your passageway.
o Anything inside the wall is the condominium’s.
 Fuse box: is that yours? SC said if that is nakakabit lang ang connected to the central system,
it is not yours.
 In an ordinary co-ownership, can a co-owner be compelled to remain in the co-owership?
o NO
 But in a condominium co-ownership, YES! You can only partition in specific instances.
 If it is damaged more than half. And more than 30% do not want to fix it.
 More than 50 years and not economically viable
 Earmarked a certain area and they made a 7/11 type of grocery? NO!
o You need a tax on business. Association dues are profit making. Not profit making. A condo
corporation cannot diversify in engaging in something that is not profitable. Law provided their
purpose: residential, etc.
 Right of appraisal: stokchodler can object to the corporate act that will sell or mortgage
o Buy back shares.
o BUT in a condo corporation, there must be consent.
 Condo corp empowered to create rules and regulations including the imposition of charges, penalties and
assessments.
o Ex: I didn't pay my association dues
 What are assessments?
o For security guards, etc. any thing that will keep you safe and happy inside your condo.
o If you don't pay your dues; you will be assessed. When will it become a lien on your unit?
  When it is registered with the registry of deeds. And because it is a lien already, the condo
corp said, you can apply for extra-judicial foreclosure under the ordinary rules on foreclosure.
You can lose your condo. How to apply for EJ foreclosure? Go to sheriff.
o

POSSESSION

o Holding of a thing or enjoyment of a right

o Attribute of ownership
o Different proof

Title V. - POSSESSION
CHAPTER 1
POSSESSION AND THE KINDS THEREOF

Art. 523. Possession is the holding of a thing or the enjoyment of a right. (430a)

TWO REQUISITES OF POSSESSION

o Actual holding of the thing itself
o You don't always have to be in the place itself.
o Tax declarations: not a proof of ownership; only an indicia of possession under the claim of
ownership
o Possession is presumed if you have a good title.
 Must you prove GF + JT? No. its is a presumption of law.
 Different from prescription, where you have to prove GF + JT. Esp if it’s ordinary
prescription.
 What is good faith? Non knowledge of anything that will put you on notice that your
acquisition is flawed.
o Bad faith is the reverse.
o Animus possidendi

Note: inalienable government property cannot be possessed.

o Airport is public property

Art. 524. Possession may be exercised in one's own name or in that of another. (413a)

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. (432)

Art. 526. He is deemed a possessor 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.(433a)

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. (434)

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. (435a)

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. (436)

Art. 530. Only things and rights which are susceptible of being appropriated may be the object of
possession. (437)


CHAPTER 2
ACQUISITION OF POSSESSION
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. (438a)

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. (439a)

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. (440)

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. (442)

Art. 535. Minors and incapacitated persons may acquire the possession of things; but they need the
assistance of their legal representatives in order to exercise the rights which from the possession arise
in their favor. (443)

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. (441a)

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. (444)

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. (445)


5 cases to recover prporty:

1. EJECTMENT
a. Only talks about possession. You do not talk about juridical possession.
2. UNLAWFUL DETAINER
a. Is showing of possession a condition precedent?
i. NO.
3. ACCION PUBLICIANA
a. Recovery of possession only if you were not able to file 1 & 2
b. 10 years.
4. ACCION REINVINDICATORIA
a. Recovery of possession under the claim of ownership.
i. What are the evidence in chief?
1. TCT – this is not enough, it must always be accompanied by the title ie; sale,
donation, auction.
a. TCT or OCT is not title to ownership. Can be questioned. It is the TITLE
which becomes indefeasible.
2.
5. MANDATORY PRELIMINARY INJUCNTION
a. Available in 1 & 2. Can be sought even during appeal

If you are co-possessors, and it was already earmarked and separated, when are you deemed to have
possessed the property?
 o Prior to the division. Tacking yun.
A & B are co-possessors. But, in the title, it was only B who was placed as the owner, but they have an
agreement that that title will be changed to A & B. so now, that point come that B didn't want to
change the title.

SC said co-possession starts from the time prior to the actual earmarking of the property.

IF you are in possession of a movable property, presumption is that you took it in GOOD FAITH. Either it was lsot or
stolen.

IS accretion / alluvium a mode of acquisition?

o YES.

CHAPTER 3
EFFECTS OF POSSESSION

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 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. (446a)
Art. 540. Only the possession acquired and enjoyed in the concept of owner can serve as a title for
acquiring dominion. (447)
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. (448a)
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. (449)
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. (450a)
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. (451)
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 expenses of
cultivation and the net proceeds; the possessor in good faith who for any reason whatever should
refuse to accept this concession, shall lose the right to be indemnified in any other manner. (452a)
Art. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith
may retain the thing until he has been reimbursed therefor.
Useful expenses shall be refunded only to the possessor in good faith with the same right of retention,
the person who has defeated him in the possession having the option of refunding the amount of the
expenses or of paying the increase in value which the thing may have acquired by reason
thereof. (453a)
Art. 547. If the useful improvements can be removed without damage to the principal thing, the
possessor in good faith may remove them, unless the person who recovers the possession exercises the
option under paragraph 2 of the preceding article. (n)
Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good
faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers
no injury thereby, and if his successor in the possession does not prefer to refund the amount
expended. (454)
Art. 549. The possessor in bad faith shall reimburse the fruits received and those which the legitimate
possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of
Article 546 and in Article 443. The expenses incurred in improvements for pure luxury or mere pleasure
shall not be refunded to the possessor in bad faith, but he may remove the objects for which such
expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful
possessor does not prefer to retain them by paying the value they may have at the time he enters into
possession. (445a)
Art. 550. The costs of litigation over the property shall be borne by every possessor. (n)
Art. 551. Improvements caused by nature or time shall always insure to the benefit of the person who
has succeeded in recovering possession. (456)
Art. 552. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed,
except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the
judicial summons.
A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a
fortuitous event. (457a)
Art. 553. One who recovers possession shall not be obliged to pay for improvements which have ceased
to exist at the time he takes possession of the thing. (458)
Art. 554. A present possessor who shows his possession at some previous time, is presumed to have
held possession also during the intermediate period, in the absence of proof to the contrary. (459)
Art. 555. A possessor may lose his possession:
• (1) By the abandonment of the thing;
 (2) By an assignment made to another either by
onerous or gratuitous title;
 (3) By the destruction or total loss of the thing, or because it goes out of
commerce;
 (4) By the possession of another, subject to the provisions of Article 537, if the new
possession has lasted longer than one year. But the real right of possession is not lost till after the
lapse of ten years. (460a)


Art. 556. The possession of movables is not deemed lost so long as they remain under the control of the
possessor, even though for the time being he may not know their whereabouts. (461)

Art. 557. The possession of immovables and of real rights is not deemed lost, or transferred for
purposes of prescription to the prejudice of third persons, except in accordance with the provisions of
the Mortgage Law and the Land Registration laws. (462a)

Art. 558. Acts relating to possession, executed or agreed to by one who possesses a thing belonging to
another as a mere holder to enjoy or keep it, in any character, do not bind or prejudice the owner,
unless he gave said holder express authority to do such acts, or ratifies them subsequently. (463)

Art. 559. The possession of movable property acquired in good faith is equivalent to a title.
Nevertheless, one who has lost any movable or has been unlawfully deprived thereof may recover it
from the person in possession of the same.
If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in
good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid
therefor. (464a)

Art. 560. Wild animals are possessed only while they are under one's control; domesticated or tamed
animals are considered domestic or tame if they retain the habit of returning to the premises of the
possessor. (465)

o Only if they are domesticated

Art. 561. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes
which may redound to his benefit, to have enjoyed it without interruption. (466)


USUFRUCT

Why does usufruct entail?

1. Right to enjoy
a. Lese
b. Mortgage
c. Alienate the right of usufruct
 2. BUT OWNED BY ANOTHER
3. Obligation to preserve the FORM and SUBSTANCE which mandates the usufructuary to return
the object of the usufruct in the same form and substance

NORMAL:

Return the same form

Abnormal:

CONSUMABLE – nauubos

6examples of anormal usufruct!!

Replace it

Ordinary repairs: usufructuary

Real estate taxes: usufructuary

Tax on capital: owner

Are ordinary expenses mandatory for the owner to do? NO

Extraordinary expenses for the preservation of the property, and usufructuary advances the amount,
RIGHT OF REIMBURSEMENT

GROUND FOR TERMINATING A USUFRUCT

1. Happening of a resolutory condition

a. IF usufructuary builds a house, apply 448
2.

EASEMENTS

1. Continuous Apparent Easement

2. Legal Easements – can be asserted as a matter of right / law.
 Should the servient owner be indemnified? Yes.

 Can only be constituted over real immovable property. Cannot be severed.

 Which ones have indemnity? Almost all, except yung mga natural drainage.

Obligation of the dominant owner an the servient owner

Owner – cannot increase the burden

Servient – cannot lessen the exercise of the right

EXTINGUISHMENT OF EASEMENT

1. MERGER – I bought a property and there is a right of way. Noow, I claim that the ROW is extinguished
because the property owner and the easement owner is already the same. NO! because the easement is on
the property itself.
2. NON-USER of THE EXERCISE OF THE RIGHT –

RIGHT OF WAY
 1. Immovable
2. Proprietor is not the one at fault why he cant go out (no fault on the part of the dominant owner)

PARTY WALL

 You both own it

 Presumption: If the house is attached to the party wall, presumption is he is the owner
o Whoever is favored, the presumption leans towards him
o Burden of proof to overcome this: title.

B wants to make the party wall higher. Can he do this?

This is like alteration. So needs the consent of the other party. But, B is the only one who will spend for the expenses.
All expenses for the maintenance will be borne by B. if the wall became more fragile, B obliged to pay for the
strengthening / conditioning of the wall.

LIGHT AND VIEW

 A & B are neighbors. B told A not to contruct anything to obstruct my light and view. A built a
wall. Can I do that? Yes. He can do that. Because light and view is an apparent and continuous
easement which can be acquired by prescription of 10 years. B will only be the servient owner
after the lapse of 10 years.

NUISANCE

1. Nuisance per accidens - Summary abatement

2. Nuisance per se – extrajudicial

ATTRACTIVE NUISANCE

DONATIONS

Onerous donations – follows Oblicon

Proper nuptias –

Mortis cause – must follow last will and testament

Inter vivos- ordinary rules on donation

PRESCRIPTION

 Can prescriptive period be altered by the contract of the parties?

o YES
 No prescription, no laches
 Can be shortened or lengthened
 2 kinds
o Prescriptive – statute of limitation
 Immovable properties – 30 years
 Movable property – 8 years, UNLESS ordinary prescription of 4 years has set in
 Written contract – 10 years
 Oral – 6
  Torts – 4
 Mortgage (collection of the balance) – 10 years
 EXPRESS TRUST – imprescriptible
 IMPLIED TRUST – if repudiated, 10 years
 INTESTATE / SUPPORT / HABEAS CORPUS = NONE! All specpro, wala
o When are the periods interrupted? Upon written EJ damand / written acknowledgement
/ filing of a case
o What does interruption mean? Start anew. Period starts again!

o Acquisitive - cannot be shortened

 Ordinary Acquisitive – period + possession
 Good faith + just title
 Immovable: 10 years
 Movable: 4 years
 Extraordinary Acquisitive – period + possession
 Good faith and just title are not required
 Immovable: 30 years
 Movable: 8 years
o ATTRIBUTES OF POSSESSION:
 UNINETRRUPTED
 PEACEFUL
 PUBLIC
 IN THE CONCEPT OF AN OWNER
o EXAMPLE: Person stayed in the property for 1000 years. Did he acquire it by prescription?
 no good faith and just title
 Possession – NO
 It was not in the concept of an o.wner
 So, he was not in possession
 More than 1 year – interruption!
 For any cause? Yes. Just or authorized.
 What interrupts posession?
 Receipt of the summons and not filing of a case
o EXAMPLE: document was not a public doc; it was a fake one. Is the donation valid? NO. IT was an
immovable property; immovable properties must be in a public instrument otherwise void
 Possession there for 15 years. Does the donee own the property? YES. On the basis of
prescription. Because there was period, possession and good faith (There was a donation).
He also had a just title. A VOID DONATION CAN TRIGGER PRESCRIPTION. Just title is not
perfect title. But titulo honorado or honorable title.
 If plaintiff out of his own volition, had the case dismissed, it’s as if there is no interruption. Tuloy tuloy yung
bilang.
o EXCEPT: if a plaintiff had a case voluntarily dismissed, bec the court is delaying the case to facilitate
the case

PRELIMINARY CHAPTERS ON THE CIVIL CODE

 Aug 13, 1950

 A law becomes effective after 15 days after published in a newspaper of general circulation
o Is Bulgar or Taliba or Abante or Metro Cebu newspapers of general circulation?
 YES.
 Civil law will always fill in gaps
o NOT ABSOLUTE!

WHAT’s our NATIONALITY RULE?

 Family rights duties conditions status

 Legal capacity of a person shall be governed by his national law, wherever he may be.

HUMAN RELATIONS

 ABUSE OF RIGHT DOCTRINE (19, 20, 21)

o 19: Give everyone his due
 o 20: contrary to law
o 21: against public policy, customs, good morals – damages
o Vagrants –loitering in a public / private place. Be careful with this provision “ and similar acts “ may
CCTV sa grovcery store sa kapitabahay. Sabi ni jewelry store, you are meddling in to my privacy.
PRYING INTO THE RESIDENCE – this is a jewelry store. But SC said, may all encompassing provisions
– “in other similar cases”.
 Llorente v. Sandiganbayan case.
o 26: privacy
 FUNERALS – determined based on the hierarchy of support: spouse, ascendants, descendants, brothers and
sisters.
 USE OF SURNAMES – legitimate, legitimated, adopted
o If BC of illegitimate child is in the name of the mother, child can use surname of the father if dad
gives a sworn statement acknowledging that the child is his
o What if the BC is in the name of the father
o Adopted child – surname of adopter
 What if child has no middle name? Case of Stephanie Astorga. Can use the middle name of
the mother
o Legitimate Children – must principally use the surname of the father. But can a LC use surname of
the mother? Yes. Carlasan v. CA- as long as there are compelling reasons
 MARRIED WOMAN – not mandated to use surname of husband. She can use her original surname or
hyphenated or husbands surname or “Mrs. + Husband’s Name”.
 Only son can use Jr. Sr. IV. V.
 Name / Nickname
 Change of surname of IC from mother to father -> Go to Local Civil Register
 Birth month / date -> Local Civil Register
o YEAR – go to court
 Gender -> Local Civil Register

VESTED RIGHT ON PEN NAME -> It can be usurped. Usurpation requires bad faith.

Presumption of death

7 years – extra ordinary (presumed dead at the end of the 7th year)

4 years –ordinary (presumed dead at the beginning of the 4th year)

CITIZENSHIP

JURIDICAL NECESSITY AND CAPACITY TO ACT

 What’s the diff between juridical capacity and capacity to act



FAMILY CODE

 Aug 3, 1988
 Validity or non validity shall be governed by the law at the time of marriage
 Look at the date first, cause that will spell the difference
 Void marriage will not be voided because August 3 came.

MARRIAGE IS a UNION BETWEEN HUSBAND AND WIFE, INVIOLABLE CONSEQUENCES PROVIDED BY LAW
PROPERTY GOVERNMED BY MARRIAGE SETTLEMENT PROVIDED ITS WITHIN LIMITS OF THE FC.

CONSEQUENCES

1. ESSENTIAL REQUIREMENTS – infirmity shor of

 When any of the essential or formal is not present, it is VOID.

a. ABSENCE = VOID
 b. ABSENCE has no meaning. IT does not exist. So if it exists, the marriage is valid or annullable.
Shotgun marriage, vitiated consent -> marriage was valid, but voidable.
c. Nahimatay si bride -> ABSENT.
d. Infirmity short of absence – it is a defect which makes it VOIDABLE under ART 45

What are the essential requirements>

 1) Legal capacity to marry = not the capacity to act under CC. It is your legal capacity to marry. Limited by:
o Not below 18
o Not under 37
o Not under 38
o Not bigamous
 Why is this important? If the marriage is VOID, the property relations is 147 or 148.
o Special co-ownership: man and woman living exclusively together in a a VOID marriage or in a live-in
situation they are capacitated to marry (147)
 Authority to solemnize
 Mistake in identity
 PI
o If no legal capacity AKA you fall under the limitations, you fall under 148.
 EXCEPT: void subsequent marriage under ART 40. If you don't get JDN and you marry again, that
subsequent marriage is VOID. In that marriage, there ia a ACP or CPG

2. CONSENT

 Marriage was proven

 Marriage by convenience. A was not able to get green card, saying marriage is without consideration. COURT
SAID THERE WAS MARRIAGE! Prist consent and authority + ceremony + license.
 There was consent but you had bad motives
 Should be differentiated from jest. In this case, di to lokohan,

2. FORMAL REQUIREMENTS

only mistake of fact can be good faith. But ignorance of the law excuses no one. There must be some
sort of ostensible aithprity. Factually mistaken ka.

 Infirmity short of absence = IRREGULARITY which maintains the validity of the marriage
 1) authority of solemnizing officer
o presence or absence of his AUTHORITY!
 Mayor- wala na but returned 199. But vice mayor can solemnize pag acting mayor siya.
 Judge = incumbent + within jurisidcition
 A & B airplame. Boyfriend heart attack, GF went to captain. Asked captain to marry them.
Pilot fainted. Assistant married them kasi nahimatay si captain. Is the marriage valid? VOID!
Because the law says only the AIR CAPTAIN / CHIEF!!!
 Consul

 2) valid marriage licese
 3)

VALID MARRIAGE LICENSE (minimum requirements)

 it must be issued and SIGNED by the LCR

 EFFECTIVE 120 DAYS FROM ISSANCE
 ONLY IN THE PHILIPPINES
 People v. Jansen

IS THERE EXEMPTION TO SOLEMNIZING OFFICER

 Yes good faith

EXEMPTION TO MARRIAGE LICENSE

 No transpo
 Ethnic group – must follow other requirements
  Shariah law and ARMM
 5 year cohabitation –
o 10 minutes short of 5 years – is there substantial compliance? NO!!!!
o none. Because the law sets a floor – at least 5 years (Alcantara)
o case of necessario

WHO CAN SOLEMNIZE IN ARTICULO MORTIS?

All the solemnizing officers

But the military commander and shipcatain and airplane chief are highlighted

PROPERTY REGIMES

 If the marriage is VOID

o What is your property regime?
 Either 147 :
 No recording of annulment + subsequent marriage.
 Mistake in identity
 No marriage license / authprity
 148 – all other cohabitation
 below 18
 incestutous
 against public policy
 bigamous
 adu;terous
 2nd question
o What are the properties to be liquidated? Only those properties while they live together.
By express provision of the law
 1990 married. 2000 marriage declared null and void. No marriage license. So liquidation na. will
you include the? NO! only properties while they live together!!!

During cohabitation, can the other one sell the share to the other? YES! Cause marriage is void.

IF one is in bad faith, the bad faith party forfeits ALL his share.

EXCEPTION TO THE RULE: Except where there is no separate property

WHO OWNS THE JEEP IF A (married to B) paid 80% of the purchase price, B paid 20% of the purchase
price.

AB and X. Hati silang 3. Atienza case.

FAMILY RELATIONS

 Earnest efforts before filing a case/suit [ONLY IN CIVIL CASES, not applicable to special proceedings]. No
cause of action if no earnest efforts. Doest apply if:
 Nullity, future spport, annulment, adoption.
 There is a stranger involved in the case. A filed a case between A junior and spouse. There is a stranger
involved in this case

FAMILY HOME

 Not only the house. It’s the lot.

 Can a lesse constitute an apartment where he’s living for 50 years as a family home?
 o NO. he doesn't own it. One of the spouses must own it.
 FH is exempted from execution from an ordinary creditor and NOT special creditors: government, mortgagee
and debts due to laborers, mechanics, etc.
o So if you do not pay it, FH can be foreclosed.
 Jurisdictional amount: 300,000 for urban. 200,000 for rural.
 At the time of occupancy, what is the act of constitution? ACTUAL OCCUPANCY!
 Who could assert?
 A family home is a REAL RIGHT!
o But, it can only be invoked by the spouses, owner of the property, and beneficiaries.
 Ex. Ordinary creditor presented proof that FH is the only property of the spouses. Court
granted execution. Sheriff doesn't wanna execute cause he knows that it’s a FH. So sheriff
did not execute. Is the sheriff correct? NO, he is wrong. Since the only people who could
invoke the immunity of the family home are the spouses, owners and beneficiaries.
o If these people do not invoke it, can they be guilty of estoppel or laches?
 YES. They must invoke it at the soonest possible time. Normally, prior to appeal.
 Why are beneficiaries important?
o FH is a statutory limitation. The owners cannot sell it without the consent of … check codal.
 Example. A, lolo. B, son. C, apo.
 They are all living in the FH of A. A died. C said diide. B said cant divide since there is a
minor, who is C. Law says, it shall continue for AS LONG AS THERE IS A MINOR
BENEFICIARIES. So is C a minor beneficiary?
 REQ:
o Living in the family home
o Dependent on the head/owner for support –NO!
 So, not a beneficiary. Because C is not dependent on A for support. Check the case of
Patricio.

A is married to B (wife). B married C. the marriage of B and C are bigamous. Child was born during B
and C’s marriage.

Q. What is the status of C junior? Is C legit or illegit?

A. C Junior is Legitimate. A child born under a valid marriage is legitimate. C was born during the validity of A and B’s
marriage. So C junior shall be considered legitimate. We recognize the legal father.

Time to impugn: 1 year if living in place of birth of the child

2 years – abroad

3 years -

Q. C files custody, claiming that he is the father?

A. It will NOT prosper. The only person who could impugn the legitimacy is A. A is the only one who could impugn
the legit of C Jr.

Q. Prescirptive period of impugning the legit?

A. Counted from the time of the knowledge of the birth / record of birth.

1 year - living together

2 – not living together

3 – abroad or there is fraud

Q. Can C file a case to maintain the last name of C?

No. A is presumed to be the LC of A.

Q. the birth certificate of C junior says that C is the father. Birth cert is deemed prima facie evidence of
the fact stated therein.

A. SC says, entries in the birth certificate are conclusions of fact. But children born in a valid marriage are conclusions
of law. In case of doubt, conclusions of law will prevail.

 Whare the rights of a LC?

o Can LC use the surname of the mother? Yes. Both the father and the mother. (Carulasan v. CA)
 But only if there are compelling reasons.

ARTICLE 172.

 If there is no DNA match between the father and child = CONCLUSIVE PROOF of NON FILIATION
 99.99% match – REFUTABLE PRESUMPTION
 Below 99.9% - CORROBORATIVE (you must have some other evidence)

CONTINUOUS POSSESSION OF STATUS OF LC

 Spontaneous
 Direct

ILLEGITIMATE CHILDREN – PROOF OF FILIATION

PATERNITY AND FILIATION

PARENTAL AUTHORITY

EMANCIPATION

 18 years old
 Parents shall be subsidiarity (collaterally) liabie of above 18 but living with parents. No more direct vicarious
liability.

SUMMARY PROCEEDINGS

 Separation in fact
 Presumptive legitimes
 Judicial declaration of presumptive death
 Conflict between husband and wife, father and mother in relation to the children
 Domicile

SALIENT POINTS

 Just like a civil case, but decided on the basis of affidavits and pleadings
 Testimonies can be dispensed with
 Preliminary conference
 Hearing on the merits

ADOPTION – purely statutory

 Parent and child relations; no other

 Parents of adopters are not grandparents of adoptee\

GENERAL RULE: can foreigners adopt? YES

 In case of doubt as to the paramount interest of a child, we have certain conventions.

COA IN ADOPTION

 There is no member of the extended family of the child wants the child. Otherwise, case dismissed
 o UNLESS: you are adopting your IC or the LC of your spouse

PSYCHOLOGICAL TESTING

 Mandatory

IF PARENTS CANNOT BE FOUND

 Declaration of abandonment by the DSWD

VICARIOUS LIABILITY OF BIOLOGICLA PARENTS STILL EXISTS BEFORE FINALITY OF THE COURT CASE.

EX. If adopted child in the custody of the would-be adopters during the pendency of the Court case

ONLY THE ADOPTED CAN RESCIND AN ADOPTION. THE ADOPTERS CAN DISINHERTIC BUT THEY
CANNOT RESCIND.

Who would declare void an adoption decree?

 Court of Appeals – petition for annulment of judgment

RIGHTS OF ADOPTED

 No right of representation
 Same rights of LC

CONSENT

 Biological parents
 A & B married. B & X had sex. X junior is LC of A. In your adoption law, X Jr would be adopted. Whose
consent is required? Who is “the biological parent”?
 LC children above 10 years old
 Adoptee if above 10 years old
 No consent = VOID AB INITIO

DOMESTIC ADOPTION

 17 years older!

RESIDENCY REQUIREMENT FOR FOREIGNERS

 waived if former Filipino

 if you adopt the child of wife who is a Filipina

RULE: HUSBAND & WIFE MUST ADOPT

EXCEPT: Legal separation, adopting child of your spouse, adopting your own child