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AUGUST 29, 2019 525 The possession of things or rights may be had in one of two concepts: either in the concept of owner, or
WATERS in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person
Articles 502 until 514 repealed by the WATER CODE As owner you may possess your property, and you may also let another have the possession
Pag sinabing water these are the waters we find in a parcel of land, it could be on top or beneath. 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of
On top it could be a fish pond, kasi kung residential the source of water would be maynilad for which we pay, so the acquisition any flaw which invalidates it. He is deemed a possessor in bad faith who possesses in any case
water could be considered private property contrary to the foregoing.
Q: What if the water is beneath the soil? Mistake upon a doubtful or difficult question of law may be the basis of good faith.
A: In many areas like Los Banos, there are plenty of water beneath. So what is the rule: under the water code, all 527
waters in private land also belong to the State, following Regalian Doctrine. The law says that if you are in possession of any property, and you knowing that you are the owner and you derive
Q: As the water beneath your land belong to the State, can you draw on it? your ownership through legal means then you are in GF.
A: Yes, you may draw without any permit so long as you use it for domestic consumption, otherwise a permit must be BUT if you know you are not the owner but you are in possession, then you are a possessor in BF.
secured from the LWUA (Local water utility administration) (car wash is not domestic consumption; swimming pool din What the law provides is that possession is presumed to be in GF, and he who alleges BF has the burden to prove it.
daw hindi, need to clarify 18:00) 528
529
MINERALS
All minerals belong to the State, to extract mineral you need permit from DENR 530
Question: May ibon doon sa puno,slightly open and window, nakapasok ung ibon, nacatch mo, can you be its owner?
TRADEMARKS and TRADE NAMES YES. One mode of ownership is OCCUPATION. Acquiring ownership of a thing which doesn’t have an owner, res
Trade name- name that a person uses to identify his product, for example: SUMMIT. nullus. So only res nullus may be acquired by Occupation.
Trade name is different from business name Expressly provided by law is that you cannot acquire ownership over the land by OCCUPATION (SQUATTER)
Business name- name that a person uses to identify his place of business. EX: saint mary’s business supply Baka by Prescription. However, when we talk about prescription it is not merely occupation, there are requirements for
Place of business- could be a store, office or warehouse prescription to be a mode of acquiring ownership.
Business name are governed by the Business Name Law administered by the DTI
Trademark- sign of emblem that a person uses for his product to distinguish it from others, EX: yung image sa shirt ACQUISITION OF POSSESSION
ng crocodile- Lacose.. etc. 531
Tradename may be at the same time a trademark EX: Magnolia or Selecta “Possession is acquired by material occupation”
To protect your Tradename and trademark register it with the Intellectual Property Management from similar or So yung ibon na naligaw na na nahuli mo, sayo na yun.
confusingly similar products. The registration is only good for 8 years?? and then be renewed again. The other part of the law provides that…
If your tradename and trademark is one and the same you should register it as tradename then register it again Paano kung hindi mo hawak,
as trademark Q: Let’s say you have a car park in San Fernando in La union, the keys and title of ownership are with you, can you
These are governed by Special Law. (Intellectual Property Code) transfer the ownership of the car when you are here in Manila?
A: Yes, because it is subject to your will, walang ibang may hawak kundi ikaw.
POSSESSION “by the proper acts and legal formalities established for acquiring such right”
If one is in possession of a real property, for him to enjoy the real property, he may sow, build or plants on it. So in Q: Ano yan?
short he pays for what he sows, builds or plants. If he sow, build or plants these are improvements. A: Possession may be acquired by delivery.
If you are in possession of a real property, you may be disbursing for other purposes, for improvement, preservation One of the obligations of the seller is to deliver the thing which is the subject matter of the contract.
and these are what we call expenses, which may be necessary, useful or for luxury. So ang tanong what are the kinds of delivery?
Necessary- when intended for preservation Alright,
Useful- For improvement 1 Actual- bumili ka ng battery ngayon, binigay sayo. Actual yan.
Luxury-as the word suggest, for better enjoyment by its owner. Symbolic
The question now, what is your understanding of possession. Ex: I saw a sign in your car na binebenta mo magkano? Then binigay sayo ung price, so binigay mo yung susi.
Who is the owner, yung buyer.
523. Possession is the holding of a thing or the enjoyment of a right Kahit wala pang deed of sale, kasi yan for the purpose of registration.
Possession means two thing, either the holding of the thing, or where you have a car and it is parked over there. And 2 Transfer can be symbolic,
because we are in here, can it be said that the car is in our possession? Pag bigay mo pa lang ng susi, ownership is transferred, kahit d pa tayo bumababa kung nasaan ung kotse.
Yes. Because the car is subject to our will, because we have the keys. 3 Constructive Delivery
Pag nacarnap, ibang usapan na. Meaning by that act you have considered to have delivered.
Ex: binebenta ko ung 3 hectares of land sa Pampanga, kailangan ba tayo pumunta sa Pampanga para ba masabi na
524. Possession may be exercised in one’s own name or in that of another o ayan na ang lupa hawakan mo. Hindi na kailangan.
Example: Kung akin ung property pwede ako un pumwesto, or pwede ko din paupahin. Kaya nga tayo may deed of sale, nakasulat diyan “seller hereby sells or conveys”
Illustration: Contract of Lease, parties are called as lessor or lessee Pirmahan ng document.

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DUCUSIN, FEDERIS, FLORALDE, PALANOG, WONG

532
Negotiorum gestio- quasi contracts, wherein a person manages a property owned by another b/c the property is in
danger, and for which the person incurred expenses and demands from the owner payment for expenses
533
Ikaw ung nagiisang anak, nakatira ka sa America, your father has been living in the Ph, and he died last week.Meron
ka minana
Q: When are you considered to be in possession over inheritance?
A: If a person has an inheritance he has two options either repudiate or accept.
Sabihin nating inaaceept mo, so kalian. The law says from the moment of death.
Your acceptance retroacts to the moment of death.
Eh kunware sa States bawal ka tumaggap ng mana unless magbayad ka ng tax, so sabi mo wag na nga.
Can you be considered to be in possession? Not anymore.
The law says If one renounces or repudiate his inheritance, he never have been in possession of the same.
Q:If the inheritance has been repudiate by the son as the sole heir, then that inheritance will be passed down to the
heir next to the succession, (i.e., grandfather, father, son) in this case it is the son who hold the inheritance if it is
accepted by him.
And his acceptance retroacts to the moment of death of the deceased.
A property shall always be with an owner. So maari ikaw ung anak, tinggihan mo, d ka naman pwede pilitin, kanino na
mapupunta edi doon sa susunod.
534
Ikaw ung anak, tatay mo buhay pa and he has been in possession of a property kaso lang in BF,
Q: will you suffer the consequences of your father’s BF?
A: No.
Kaya lang if possession in GF, you cannot invoke you are entitled to the rights unless your father dies.
Halimbawa, your father in possession 7 years then he died, possession in GF. Then you took over for 2 years,
Q: how long have you been in possession?
A: 9 years, you can “tuck in” the GF possession of you father.
Q: what if possession of your father was in BF?
A: IF your father has been in possession of a parcel of land in BF, then pumwesto ka you take over and you believed
in GF that you inherited the property, dyan lang tatakbo ung possession.
Pwede ka magtuck in pag GF.
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.
Minor are any person less than eighteen years old.
Incapacitated person who are of legal age but are suffering from certain legal infirmities. Like insane and demented.
Insane v Demented
1 Insane- not able to distinguish b/w right and wrong
2 Demented- derived from dementia, mga makalimutin.
3 Deaf-mutes who don’t know how to read and write
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.
Medyo binasa niya lang ulit ung provision.
If there is a threat to the property of another, he may use reasonable force to prevent the same.
The reasonableness of the force depends on the circumstances.
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.
Later we will be talking about prescription, and one of the requirement is that possession must have been adverse,
continuous and open.
Kaya dito maliwanag dito bawal ka makapagpossess through clandestine acts.
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Kapag ang lote may titulo its ownership cannot be acquired by prescription
Kapag ang lote walang kang pinaghahawakan na torrens title its ownership can be acquired by someone by virtue of
prescription
Eh ung naghahabol , uy akin na ito 30 yrs na ako nakapwesto ditto kaya lang ang pagpwesto niya ganito:
Seset up ng tent sa gabi pag walang tao, sa umaga aalis siya, and he has been doing that for thirty years cannot be
said to be adverse, continuous and open, because these are what we called Clandestine acts, merely tolerated.
538.
“Possession as a fact cannot be recognized at the same time in two different personalities.”
Halimbawa eto condo unit ko o house and lot ko o lupa ko, as a owner I can be in possession, now if I lease this to
you, then we cannot simultaneously be the possessor.
Except when we are co-owner, but parehong concept yun.
Ano tawag sa judicial deposit? sequestration
Property is in custodia legis.
SEPTEMBER 4, 2019
POSSESSION (Chapter 1-3)
We have possession in good faith. When we say possessor in good faith (PGF), he knows that he is the owner of the
property and that he is in possession of the property. He may sow, plant, or build in a parcel of land. Likewise in a
possessor in bad faith but the consequences are not the same:
If you are a PGF, and you introduced improvements in a parcel of land the improvements may consist of sowing,
planting or building and later you were defeated by another who has a better right to possession the question is: what
are your rights?
If there is a real property and you are in the possession and enjoying the property you maybe disbursing money for:
1. Sowing 2. Planting 3.Building – We refer to these three as IMPROVEMENTS on a parcel of land.
Oh ngayon meron kang lupa tapos naka-pwesto ka rin doon. In connection with the enjoyment of that parcel of land,
you may have other disbursements and these are not for sowing planting or building. So if you have OTHER
disbursements, these are called EXPENSES.
Pag hindi pumasok sa sowing, planting, building but it is still for improvements and you still disburse money, it will
qualify as expenses. And when we talk about expenses, tatlong klase ‘yan:
1. Necessary- when the expense is incurred/disbursing money to “preserve the property”
Ex.) When your property is along a river, the movement of water is downhill. W hy? Kasi the water comes
from a higher source. Ngayon kapag galing sa spring, river yan and it always falls downstream. When water
in a river flows, it taks along with it soil kaya kapag nagkataon kapag malakas ang agos ng tubig little by little
soil is detached from your property and it is dumped from another person’s property. Kahit paunti-uni ‘yan,
gradually accumulating another person’s property. Ano tawag dun? ALLUVIUM: gradual accumulation of a
property along a river. But if a known chunk of land belonging to another’s property was detached and
dumped it into another’s property ano tawag dun? AVULSION. And who owns that land? It is the owner of
the land from which it was detached, provided that he removes it within 2 years. Oh ngayon, napansin mo
na gradually yung tubig ng ilog sumasakop na sa lupa mp. Why? Kasi gradually tinatangay yung lupa mo.
Delikado yun kasi when your land becomes part of the river bed eventually that becomes a property of the
public dominion. Kaya ngayon, ano ang gagawin mo? The current of the river is eroding your land. MEron
tayo kung tawagin ay RIPRAP. Hindi lang yan sa mga property near a river. Sa gilid ng Baguio in some
places may semento na iyon ang riprap. Kasi tuluy-tuloy yung landslide so to prevent the erosion of the soil,
the base of the mountain what the engineers have done is to do a riprap and ganoon din ang pwedeng gawin
if your property if by a river and the soil is being eroded by the current. Ngayon ang purpose ng riprap mo is
to prevent the erosion of the property, yung intention mo is to preserve. At yung gagastusin mo sa riprap
certainly it won’t qualify as planting, building, or sowing that’s why it would qualify as an expense. If it is for
sowing, planting, building then it is for improvement. If you are disbursing money, it qualifies as an expense.

2. Useful – “to improve the condition” of your property
Suppose, ito yung property at ito yung kalye kaya kapag umulan yung kalye tuyo agad at yung lupa mo
fishpond agad. If you want to avoid inconveniences of the water in your property, what do you do? Edi
tambakan mo and the amount that you spend for the materials, they are not for slowing, planting or building
eh di hindi improvement yun. Ang tawag dun useful expense.
3. Luxury- you want to have “a better enjoyment of your property” so you may introduce an improvement but
which does not qualify as sowing, planting or building.
Example: Humukay ka gumawa ka ng pool.
RULES IN EXPENSES
Q: If you were a possessor in bad faith (PBF) and while you were in possession you incurred NECESSARY expense.
Will you be entitled to reimbursement from the person who defeated you in your possession?
Ex.) Squatter ka, nung pumwesto ka hindi mo alam kung may-ari kaya paonti-onti napansin mo pumasok ka at walang
sumisita kaya sabi mob aka walang may-ari. Thinking that the property has no owner, you wanted to defend the land
from the erosion of the soil kaya ginastusan mo for a riprap which is a necessary expense but you are a PBF and it
happened that I am the person who has a better right to possession, I defeated your right of possession. Ang tanong,
are you entitled to reimbursements for the necessary expenses that you’ve incurred?
A: YES. By express provision of law, the possessor in bad faith who have incurred NECESSARY expenses shall be
ENTITLED TO REIMBURSEMENT BUT WITHOUT ANY RIGHT OF RETENTION.
Q: But if you happen to be a PGF and you incurred necessary expenses. Will you be entitled to reimbursement for the
NECESSARY expenses?
A: YES. You are ENTITLED TO REIMBURSEMENT AND WITH A RIGHT OF RETENTION: habang di ka pa
narereimburse, then you can hold on to the property without being obliged to pay rental. The court held that obliging
the PGF to pay rental while he hasn’t been reimbursed shall defeat his right of retention. This ALSO INCLUDES
USEFUL EXPENSES (shall be entitled to reimbursement and with a right of retention)
 Right of retention: (PGF) for as long as you haven’t been reimbursed for your necessary and useful
expenses, you have a right to retain the property and that right continues until you have been reimbursed
and you are not obliged to pay rentals because this defeats your right of retention.
Q: How about a PBF in USEFUL EXPENSES? Is he entitled to reimbursement?
A: NO. Yung PBF shall be entitled to reimbursement ONLY FOR NECESSARY EXPENSES WITHOUT RIGHT OF
RETENTION. While the PGF shall be entitled to reimbursement both for necessary and useful with a right of retention.
Q: If for luxury?
A: Whether PGF or PBF, the rules now provide that the person who defeated you wants to appropriate the property,
the rules now provide that HE MUST PAY. “Walang libre.”
Tatandaan niyo na even if in bad faith, sya pa rin ang actual na gumastos. So although he defeated his possession,
kung matatanggal naman niya, HE MAY REMOVE. Kung hindi naman niya magtatanggal at hindi siya interesado who
defeated him, sorry nalang siya. But if the person who defeated him wants to APPROPRIATE IT, he SHOULD PAY
THE VALUE OF THE IMPROVEMENT.
Art 539.
Ganito ha, this provision is on possession of land. Ganito kasi iyan, (sir asked if we are taking civ pro- advanced lesson
nalang) you are entitled to possession of a parcel of land. Pag sinabing may karapatan, hindi ibig sabihin noon that
you are the owner, you could be just a lessee.
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Ex.) Ikaw ang lessee, ako lessor pinaupahan ko lang sa iyo kaya lang pumasok pa rin ako. Since you have a better
right to possession. Ako ang may-ari but since I conceded to you the right to possession by virtue of the contract of
lease, then you have a better right of possession. Ngayon, kung pumasok ako and I disturbed you in your possession,
you may SUE the lessor for EJECTMENT. Hindi lang ang owner or lessor ang pwede gumawa nito kahit ang lessee,
mere possessor can file a case for ejectment.
Ex.) If you have a right of possession of land, and you have been deprived of that possession by force, intimidation,
strategy or stealth you can file a COMPLAINT FOR FORCIBLE ENTRY.
Dalawang klase ang kaso involving recovery of possession of land: forcible entry at unlawful detainer. Both of which
are civil cases. Governing rule is 1997 Rules of Civil Procedure. The generic name of these two is EJECTMENT:
 Forcible entry: the person who has a better right of possession have been deprived of his possession of land
thru force, intimidation, strategy or stealth.
 Unlawful detainer: a person originally had the right to possess the property, but later he lost the right to
possess but he has retained the possession without any legal right to do so.
Q: (From a student) Art. 539 in relation to Art. 429
A: (Dean’s answer) Art. 429- Ito yung papasok pa lamang, threatened pa lang. It is when there is a THREAT to enter.
Kapag nakapwesto na, that’s Art. 539.
Art 540.
Yung 540, in the later part of this law, you will learn that ownership could be acquired by prescription. As provided by
law, you cannot acquire ownership of a land by occupation.
 Prescription: a mode of acquiring ownership.
Ex. Mayroong bakanteng lote pinwestuhan mo, can you become the owner of it by taking possession/by occupying? -
No, by express provision of the Civil Code as you will later know that ownership of land can’t be acquired by occupation
but you can acquire it through prescription. Kapag sinabing prescription, one requirement is you have been in
possession under certain conditions. Hindi basta pwedeng inoccupy mo lang at iyo na iyon. Kapag pumunta ka sa
Roxas blvd. tapos kapag may nakita kang lumalangoy na isda at hinuli mo iyo na iyon. That fish without an owner ang
tawag ay RES NULLIUS. To acquire a property through prescription, one of the evidence is by possession. It must be
a possession not my mere occupation. Sabin g law, as you take up later on: possession must be OPEN, ADVERSE,
and UNINTERRUPTED. Hindi basta nakakita ka ng lote, akin na ito. There is no such thing. It must be open, meaning
hindi clandestine, it must be adverse and pang mahabang panahon. The law says you must have been in possession
for at least 10 years, if you’re a PGF. But if you are a PBF, 30 years. (We’ll talk about this later on nasa latter part pa
‘to eh)
Art. 541.
The law says that the possessor in a concept of owner has in his favour legal presumption that he possess it with a
just title and he cannot be obliged to show or prove it.
Ex.) Dahil nakapwesto ka sa lupa and you claim to be the owner, the law presumes that you have a right to possess it
and whoever alleges that he has a better right would have the burden to prove that he has a better right. Kaya
halimbawa nakapwesto ka diyan pero walang titulo and here comes somebody saying anong karapatan mo dyan.
Pwede mong sagutin, ikaw anong karapatan mo? Lamang ka kasi the person in possession as owner swerte mo that
the law presumes that you have the right to possess and whoever alleges differently would have the burden of proving
it. Hindi mo na obligasyon na magsabing, ako ang may-ari.

(Dean asked if we’re taking up LTD): If a parcel of land is registered in the name of another, the person whose name
is registered is presumed its owner. Because there’s a possibility that I may be the owner of a parcel of land, but I
registered it in your name in law ang tawag doon ay TRUST. Ngayon talking about trust dalawang klase:
1. Express – expressly creating the trust dapat may dokumento because under the law, to prove an express
trust dapat documented
2. Implied – allows to be proven by oral or parole evidence
Art 542.
Ex.) Itong kwartong ito, building ‘to diba? So real property ito, sino may-ari ng building? San beda. Sino may-ari ng
mesang ito? Presumably, San beda.
Art 543.
Ganito ha, tinake-up na ba natin yung co-ownership? Alright so halimbawa itong kwartong ito, at dalawa tayo na co-
owners. So as far as the rules on co-ownership is concerned, each of us in considered in possession of every portion.
Kaya kung meron yan maliit na bato, tayong dalawang yun. When you talk about co-ownership, every owner has an
undivided interest on that property.
Ex.) Yung lupang ito nag usap na tayo na hati na tayo so we partitioned the land. Napag usapan natin na yung side
na iyon sa iyo, yung side na ito sa akin. May partition tayo. Kapag may partition, the law presumes that you have the
EXCLUSIVE POSSESSION OF THE PORTION ASSIGNED TO YOU. This may be allotted to him upon the division
thereof.
Art 544.
Alright, there are natural or industrial fruits when they are received or gathered kaya lang yung civil fruits, ito yung
rental and interest. Civil fruits are considered to be accruing daily.
Art 545.
There was a PGF and he was defeated in his possession kaya lang when he was defeated in his possession there are
growing fruits. Syempre bago naman tumubo yung mga bunga may ginastos such as fertilizers for better development
of the fruits. May mga prutas na kailangan individually binabalutan ng papel o plastic kung hindi, di mo na makakain
yun dahil sa fruit flies. Best example yung ano, langka. Pag bumango na yan it attracts a lot of fruit flies and pests kaya
binabalutan agad yan. To protect these fruits, farmers wrap them individually. Kaya lang ang pagbabalot, matrabaho.
So he may extend to render services of another and may bayad yun. So if you were a person entitled to fruits as you
defeated another in his possession, kaya lang there are fruits so you may be entitled to the fruits kaya lang you must
contribute to the expenses but if you do not want to contribute to the expenses THEN DON’T JUST RECEIVE THE
FRUITS so that you won’t be obliged anymore to contribute to the expense. Ang mangyayari diyan, if you want to
participate in the fruits, syempre participate also in the expenses related to the planting as well as the gathering of the
fruits. Kaya lang kung ayaw mo gumastos, then you can abandon your right to the fruits and you will not be obliged to
contribute to the expenses.
Art 546.
Ito yung binigay ko kanina about useful expenses. If you are a PGF, if you incurred necessary expenses entitled ka to
reimbursement and for as long as you have not been reimbursed you have a right of retention. But if you are a PBF,
while you may be entitled to reimbursement but you have no right of retention while you have not been reimbursed.
Kaya sabi ko kanina, kapag USEFUL EXPENSE, if you are a PBF you are not entitled but if PGF, you are entitled to
reimbursement and still with a right of retention. And in expenses for LUXURY, depende nay an sa kung ano ang gusto
ng tao who defeated you. If he decided to appropriate, he may. If he does not want to pay he should not appropriate.
Tatandaan niyo, there is no law authorizing anybody to acquire for free the property of another. Yun nga lang, if you
were a PBF, if you can remove, you may remove after all sa iyo yun. Kaya lang, if you cannot remove, then you cannot
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oblige the person who defeated you to pay. Kaya nga sabi nung law, a sower, planter, or builder in bad faith possess
whatever he may have sowed, planted or built.
Art 547. Art 548. Art 549.
Maliwanag ba so far? Yung kanina ko pa paulit ulit na sinasabi okay? Any questions for now? Next.
Art. 550. Art 551.
Art. 552
Am niyo ba kung ano yung judicial summons? Ganito yan, somebody files a complaint in court. Dinemanda kita so I
filed a complaint, ngayon pagka-file ng complaint yung complaint ko sa iyo will be raffled. Wala kayong idea talaga
about civil procedure? Sige, dinemanda kita ito yung complaint, syempre nagbayad ako ng fees. Ngayon in places na
mayroon lang isang branch walang problema yan. Kaya lang like in Manila, madaming branches ang MTC RTC kaya
ang mangyayari i-raraffle muna yan. Ito walang premyo kapag pumunta ka sa court, halimbawa may limang branches
yan 1,2,3,4,5 sa roleta papaikutin iyon, kung saan tumapat doon maaassign. Ngayon halimbawa na-assign ka sa
branch 3, dadalhin yan ngayon sa branch 3. Ngayon yung branch clerk igagawa kayo ng summons. Yung summons
ito yung order dun sa defendant, sagutin mo itong complaint within let’s say 10 days. Kaya kung yung nakalagay doon,
judicial summons this is from the court to the defendant to answer the complaint.
Art 553.
Ganito yan, nagkaso ako. I won the case so in short the court ordered the defendant to turn over the possession of the
property. Ngayon, yung bahay you have been in PGF nagpatayo ka kahit bungalow lang and I defeated you in your
possession. Remember the house was made in good faith. Ang tanong, can you oblige me to pay for the cost of that
house? The answer is NO. Iyan ang ibig sabihin ng one who recovers possession shall not be obliged to pay for
improvements which HAVE CEASED TO EXIST at the time he takes possession. Kaya pag nagkataon, oh may court
order na ako yung entitled kaya lang nasunog so yung right of possession wala na. So ang tanong, am I still obliged
to pay for those improvements. No more. Wala na dapat bayaran pa, wala na siya papakinabangan pa.
Art 554.
Ito naman yung presumption na halimbawa, January 2017 I was in possession. Alright, December 31, 2018 I am still
in possession. Under this provision, I am considered to be in possession in the interim kaya mula noong starting point
hanggang ending point, there is a presumption that a person have been in possession para hindi na ako maglabas pa
ng ebidensya na I have been in possession. Kaya there is a presumption in law that in one time he is in possession
and in a later time he is in a possession, the presumption is in the meantime, in the interim he was in possession and
whoever alleges that he is not in possession would have the burden of proving the contrary. We will talk about
prescription later on. Sabi ko kanina, prescription is one mode of acquiring ownership and one requirement is by
continuous possession also characterized as open and adverse. Kaya ang gagawin mo nalang if you are now claiming
ownership over the land, proof that 30 years ago and until now ikaw ang nakapwesto. Then you have in your favour
the legal presumption that you have in possession and the person alleging the contrary would have the burden of
proving it to show that the possession have been interrupted so possessor could not claim prescription.
Art 555.
Sabi ng law, a possessor may lose his possession. One way is pinagsawaan niya na yung bagay, edi iwanan niya na
lang niya. Abandonment or ito common, maraming nagbebenta ng rights. Sabihin meron ba pwedeng tirahan dito? Bili
ka ng rights. Totoo, anong rights? Kaya lang yung hindi nakakaintindi, para lang may mapwestuhan magababayad
siya ng rights halimbawa nagsawa na siya, aalis na sya hanap sya ng buyer. Benta niya yung rights kaya lang wala
naman sya rights.
Ano ang pagkakaunawa niyo sa going out of commerce? COMMERCE is buying and selling so when the object can
no longer be the object of the sale, it GOES OUT OF COMMERCE.
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Art 557. Extinguishment of usufruct. The law provides that If the usufruct is constituted in other persons, unless the usufruct
expressly provides the continuity (???7:30) the usufruct shall continue until the death of the usufructuary.
Halimbawa, mayroon kang kotse pinahiram mo, yung humiram di mo alam kung nasaan so hindi mo rin alam kung
nasaan yung kotse mo. Kaya lang you are still considered under law, in possession of that car even when you don’t Art. 562 and Art. 563
know its whereabouts. Usufruct is created by law, lien, testament, or prescription.
TESTAMENT
Art 558. If there is a provision in his will that one person gives ownership unto another person = usufruct.

We’ll talk about prescription later on kasi masyadong mahaba tama na yung may idea kayo for now. PRESCRIPTION
I cannot recall a provision providing that usufruct is created by prescription.
Art 559.
Usufruct should be over fruits.
Wala pa rin kayo agency noh? Saka nalang din yan. WHAT KIND OF FRUITS?
Natural, industrial, and civil. Yung binaggit na “others” ay pwedeng dividends. But they will qualify as civil fruits because
Art 560. dividends do not accrue daily.

So wild animals are possessed only while they are under one’s control. Yung ano yung pusa, wild animal ba yun?
Depende. Kung yung pusa lion, wild yun. Kung house cats, domesticated iyon.
Art 561.
Okay so halimbawa ganito, nakapwesto ka sa lupa and you were forcibly ousted from your property. In short for the
meantime you were in possession kaya later you brought action against that person who ousted you and you
succeeded. Yung pagkakatanggal sayo, since you defeated the person who ousted you, that period is deemed in your
possession kaya the period that you lost possession shall be considered in your possession. Ibig sabihin hindi
mababawasan yung period of possession. So halimbawa, itinaboy ka, tatlong taon ka nagkakaso and later on nanalo
ka. Yung tatlong taon, para bang hindi ka nawala in possession.
SEPTEMBER 9, 2019
ALLUVIUM
Would there be alluvium in a parcel of land by a lake or a sea? Wala. The reason is, if there is no current in the first
place so there is no flow in the water. And if it is a land by the lake or by the sea, the movement of the water is in and
out.
Foreshore - it is the land by the river or by the sea which is inundated during high tide and dry during low tide.
USUFRUCT
What is usufruct? As the word suggests, Use of fruct = Use of fruits. So when you talk about usufruct, a person allows
another to enjoy the fruits of his property.
How is usufruct created? It is created by:
1. Law;
I won’t give you an example anymore. Kasi dati, sa Civil Code, there is a provision that the parents shall enjoy the
usufruct of the properties of their minor children. But the provision was already repealed by the Family Code which
provides that the fruits of the minor child could be used for the use of the family. So dati, sa parents. Ngayon, para pa
rin dun sa minor who owns the fruit, who owns the property. And when there is a need for additional income for the
family and the fruits of the property of the minor could be used for the support of the family; hindi na para sa magulang.
Naging issue dati yung tungkol sa income ng mga child stars. May rumors dati na ginagamit ng mga magulang sa
sugal yung fruits ng property ng anak.
2. Lien
3. Testamentary provision;
4. Prescription
(Nasa later part yung discussion niya)
Usufruct can be made in favor of a person or a number of persons
EXCEPTION
Usufruct is over the fruits BUT there is a provision that there can be a usufruct over sterile animals. Pag sinabing sterile,
hindi yan magkakaroon ng fruits. And there can be a usufruct over the sterile animals.
If you were the usufructuary, how will you enjoy the usufruct? The Civil Code provides that the usufructuary may
consume the sterile animal. Ito ay kakaiba kasi one of the obligations of the usufructuary is that at the end of the
usufruct, he should return what he had received in usufruct. If you were the usufructuary of a sterile animal and you
consume that animal, at the end of the usufruct, ano yung ibibgay mo sa may-ari? Hindi mo naman pwedeng isauli
yung binigay sayo. Yung ibinigay sayo, natransform na yun.
Kaya ang obligation ng usufrucuary: If the usufruct is a sterile animal, at the end of the usufruct, the usufructuary shall
deliver to the owner another thing of the same kind and quality.
Art. 564
Art. 565
Now, I already mentioned that usufruct is created by law.
Ito, property of San Beda University, pinapaupahan. And I know somebody, nabalitaan ko na hindi na siya makakapag-
aral ang taong yun dahil wala nang pera. Kaya sabi ko sakanya, may property ako sa CEU, kumikita ng P50,000.00
sa rent. Sabi ko, “sayo na ang rent na ‘to for the next 5 years”. Pag ganon, it is unconditional.
Kaya lang sabi ko baka hindi siya mag aral so sabi ko “Itong usufruct na ‘to, sayo yung kita sa rent for the next 5 years
but you should maintain an average of not less than 85.” = Conditional.
Art. 566
Art. 567
Alright, very simple. Sabi ko “Friend (??? Haha) tingnan mo ang mga ‘to, orchard, pag dito mo mamumunga na yan.”
Humingi ako ___ of those fruits I spent for fertilizer and then to collect. But if I give you the usufruct, so you will be
entitled to the crops. [Please check this part 15:15 - 15:34 kasi di ko talaga maintindihan]. And you will not be obliged
to reimburse me for the cost of producing those fruits.
Ngayon, sabi ko, “Oh friend, for the next 5 years you collect the fruits from this orchard.” Ngayon, ikaw naman, eh
nakita mo kinakailangang gagastusan ang fertilizer, kinakailangan pa ng pang spray. In short, if the fruits coming out
is spent. [Please check again 15:57-16:08 kasi di ko maintindihan]
But then, unfortunately, these fruits will come out within the period of the usufruct. Nung namunga ay maliliit pa. Useless
to harvest. So in short, at the end of the usufruct, if there are fruits, if the fruits cannot be enjoyed, kaya lang the
usufruct ended, who is entitled to own the fruits? The owner is entitled to the fruits. Kaya lang since the usufructuary
spent for the development of these fruits, the owner shall be obliged to reimburse the usufructuary for all that he may
spent to produce those fruits.
Art. 568
Meron ding usufruct over land. Kung ikaw ay usufructuary, how do you derive fruits from your land? Pwede ka
magtanim. Oh ngayon, kung tamad ka, paupahan mo nalang. So you leased it kaya lang yung rights of lessee ng
usufructuary shall terminate upon termination of the right of the usufructuary. So halimbawa may usufructuary tapos
ako yung owner, sabi ko “Ang rights mo will be until Dec. 31, 2020.” In short, pinaupahan mo. Kung magpapaupa ka,
dapat hanggang Dec. 31, 2020 lang kasi yun lang ang right mo. Your right is up to that period.

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Eh ang ginawa mo ay pinauphan mo pa in another year. In short, pag dating ng Dec. 31, 2020, sabi ko “Oi, tapos na
ang usufruct” kaya lang pinaupahan mo pa sa iba, who will now be entitled to the rental for the next period? Owner na.
Reason is, the right of the usufructuary have ended by 2020. Ngayon, the property was leased to another until Dec.
31, 2021 but the rights of the usufructuary terminated in 2020. So if there are rentals to the lessee, they shall pertain
to the owner. Explanation for this is that civil fruits accrue daily. Kaya pag dating ng Dec. 31, 2020, kaya lang may
buwis and the owner was prejudiced, then he is entitled to collect the rentals after the usufruct ended.
Art. 569
The third part is usufruct over the rental. For example, the parcel of land, a house and lot was ___ [20:43] and to
support your study sabi ko “Pre, for the next 5 years, ikaw kokolekta.” So ang bawat kolekta mo ng renta is considered
the civil fruits of the property.
Ngayon, may binabanggit dito interest on bonds or securities payable to bearer. Nabalitaan niyo ba yung bagong
project ng San Miguel about the airport that it will construct in Bulacan. In short, the government already awarded to
the corporation the contract. San Miguel will be the one to bear all costs, almost P800B. Ang tanong, may ganun bang
kalaking pera ang SMC? Wala. So ang tanong, where will SMC get the money? Orayt. Ganito ginagawa ng mga
corporations ngayon. Before, whenever the corporation needed to expand, to source the money to expand, you heard
about ____ [23:49] dati? Dati ang PLDT, grupo yan ng telepono and people were complaining about the service of
PLDT. Sabi ang mahal mahal. It was unable to serve the community for many many years. The reason that PLDT was
not able to serve immediately was to restore more facilities. Kaya lang ang tanong, kung kailangan ng PLDT ng pera
to improve its service, kailangang umutang. Kaya lang, kung uutang sa isang bangko, the bank only allows a certain
amount. Makakapag-apply ka ng loan. Ang problema naman kung mag-aapply ka ng loan sa isang bangko, yung
bangkong yun can extend only a certain amount because of certain government regulation. So ngayon, sa karamihan
ng mga project, kagaya ng SMC, to finance the Bulacan airport, ang budget, ang projected cost ay P850B. Pag sama
samahin mo lahat ng bangko, hindi niyan kakayanin pautangin ang P850B. Kaya nowadays, how do these corporations
raise the money that they need for their expansive programs? Ganito ha, yung big businesses have discovered a very
new source of big funds. Kaya ang tanong, ano ‘tong source na ‘to? PUBLIC. The word public simply means “more
than 19 persons”. Ganito ha, itong SMC, ano unang serbisyo ng SMC? Beer. Later, nag intensify to food. Nagkaroon
chicken, purefoods, Monterey (??). It further expanded. It wanted to acquire all shares of Petron Corporation; shares
of MERALCO. Another corporation was made to generate electricity = San Miguel Power Corporation. SMPC is the
biggest generator of electricity. Ngayon, ang tanong, saan kinuha ng SMC yung pera pambili ng shares ng petron,
pambili ng shares ng MERALCO and to put up the facilities to generate electricity? SMC offered preferred shares to
the public. Pag sinabing preferred shares, the public is asked to invest, become a part holder of San Miguel for a
limited period. If you want to become a forever co-owner of the corporation, you acquire all their shares. Kaya lang pag
ang corporation needs money only for a brief period, it will offer preferred shares. And the corporation uses preferred
shares and may nakalagay na redeemable for 5 years, 7 years, or 10 years. Ngayon, eto ha, later, SMC acquired
shares but was not convinced sa kinikita sa MERALCO shares. So ano ginawa ni SMC sa MERALCO shares? Ibinenta.
Sino bumili? Si Jun Okogwe (???), Worth P82B. May ganun bang kalaking pera si Jun? Wala. Kaya anong ginamit
niya na pambayad? Jun Okogwe, through his hold in his company JG San Corporation, nag offer ng bonds to the
public. Kaya ang tanong, ano yung bonds? Actually, bonds are promissory notes. But bonds are promissory notes
within a term of payment longer than 5 years. Ngayon, kapag ang corporation nagpost ng bonds, umuutang. Ngayon,
kung uutang ka, pinapangako mo na you will pay interest. Ngayon, yung promissory note na yun, pag more than 5
years, pag binasa mo, promissory note pa rin but legally it is considered a bond.
Pag nag offer ng bonds, sasabihin nung nag-offer “Oh kailangan ko ng ____ [35:13]. And the investor needs to invest
at least P100,000.00 or units worth P100,000. Now to make the issue attractive, may pangako yan. “Every quarter, I’ll
pay you so much”. Kaya pag nag issue ng bonds, the investor will expect that within the period stated in the bond he
will receive interest. The reason is bonds are for interest. Kaya dito sa Art. 570, (inulit lang 1st paragraph with emphasis
sa or on interest…) So hindi yan on daily baisis, ang sabi ng law, basta interest on securities, bawat payment ng
corporation are considered as fruits. Hindi yan on daily basis like rental or interest on other fruits. Ang may ari ng bond
ay owner, ang right lang ng usufructuary is to receive the guaranteed fruits or interest.
Art. 571
The usufructuary shall enjoy all that may accrue on the property subject of the usufruct.
Art. 572
Yung rights of the usufructuary ay right to enjoy fruits of another person’s property kaya unless expressly prohibited
by the agreement, yung usufructuary may transfer his rights.
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Kung ikaw usufructuary, how will you enjoy the usufruct? Well one is to enjoy the fruits. Ngayon, magaling ka or kaya
ayaw mo abala, so you transfer your rights. Halimbawa, ako may ari, naawa ako sayo I allowed you to receive rentals
from my property across CEU. Yung unang kolekta mo ng fruits, P50,000. Kumuha ka ng P24 at tinaya mo sa lotto.
Akalain mong nanalo ng P1M. Then trinansfer mo na sa ibang tao yung right mo. Sabi mo sakanya, “Pre, ikaw na
mangolekta ng fruits.” Pwde ba? Yes, because the rights of the usufructuary are not strictly so it can be transferred to
another whether by onerous or by gratuitous title UNLESS in the making of usufruct there is a restriction on the transfer
of the property. Halimbawa, sinabi ko “Ito sayo lang to ha, hindi mo pwede itransfer”, then you cannot transfer. But if
there is no restriction, the usufructuary can transfer his right.
Art. 573
Ito is a usufruct over a thing that cannot be consumed. Kaya lang ang lahat ng bagay, nagdedeteriorate. Kahit hindi
mo gamitin, magdedeteriorate yan. So if the usufruct was constituted over a thing and it deteriorates, basta ituloy mo
lang ang usufruct. Keep on using it. Keep on enjoying the thing of the usufruct and use it according to its purpose.
Halimbawa, usufruct over a truck. So for the next 2 years, enjoy the truck. Gamitin mo according to its purpose. Wala
naman problema about deterioration because deterioration is borne by the owner of the thing.
Art. 574
Art. 575
Kung binagyo, tinangay, nabunot sa lupa, eventually, mamamatay yung puno. Walang problema, usufructuary may
make use of the dead trunks. Kaya lang ano ang mangyayari? Magtanim ng bago. “Under the obligation to replace
them with new plants”/
Art. 576
Halimbawa, I allowed you to enjoy the fruits of my trees. Ang problema ay dinaanan ng Yolanda at itinumba yung
maraming puno. If you are the usufructuary and you don’t have money to replace them, what you may do is just leave
it and inform the owner about the loss of the trees. Bahala na yung owner. Kaya lang ito ay dapat “extraordinary” cases.
Kaya lang kung ang nangyari ay 1 or 2 trees were uprooted, your obligation is to plant new trees.
Art. 577
1st part is about usufruct over woodland. Kunwari, meron akong 10 hectares na may narra trees. Sabi ko “You shall
have the usufruct over these narra trees”. Ang tanong, anong karapatan mo as usufructuary of the narra trees? Yung
bunga niya, maaring magamit for cutting. Halimbawa naman mahogany trees. Namumunga yan ang problema ay hindi
mo makakain. If you were the usufructuary, how will you enjoy the usufruct? Ang sabi ng batas, bawal mo iputol yyung
puno kasi if you cut the tree, it will deteriorate. So how will you enjoy the usufruct? You may cut the branches. Marami
naman ang mga sanga niyan. At kung ano yung puputulin mong sanga, may paggagamitan ka nun. When you cut the
branches, it will continuously grow.
Art. 578
Halimbawa may bakanteng lote ako pero may squatter. Sabi ko sayo, “pwede ko ipagamit sayo yung property pero
ikaw na magtanggal nung squatters.” Sabi mo “Kaya ko yan.” So nagfile ka ng kaso. (Inulit niya lang provision).
Pag napaalis mo na, hindi naman mapupunta sayo yung property kundi yung enjoyment lang.
Art. 579
The usufructuary may spend for the improvement of the thing. But there is no obligation on the part of the owner to
reimburse if only useful expenses or for luxury. The usufructuary may ask the owner to reimburse him if it is a necessary
expense.
Art. 580, Art. 581
Art. 582
What is contemplated in this article is that there is a property subject of co-ownership. Kung nagkaroon ng partition
ang co-owners, ang mapupunta sa usufructuary is that part that pertains to the co-owner who had given him the
usufruct.
Art. 583
1. There are many obligations on the part of the usufructuary. Ang unang-una, before entering, if you are the
usufructuary and it is over personal properties, dapat gawan mo ng listahan of the properties that you will receive in
the usufruct. Why? So that at the end of the usufruct, there will be no issue about what you received in usufruct. Kasi

kung di ka gagawa ng listahan: kunwari may binigay sakin na 50 heads of goat. Yung 50 ay subject to usufruct for 3
years. Obligation mo sakin ay ibalik yung 50 goats. Baka after 3 years, magkalimutan tayo. Baka nasa isip mo, ang
pinabibigay ko sayo ay 100 pero sabi ko “hindi, 50 lang.” So para walang away, gawa ka ng inventory.
2. Another obligation is to provide security. The owner may demand that the usufructuary provide security kasi baka
wala siyang ingat sa gamit. Kaya lang, pwede namang wala yan.
3. Another obligation, at the end of the usufruct, he shall return whatever he may have received in the usufruct.
4. In the absence of any agreement to the contrary, taxes on the fruits shall be for the account of the usufructuary. But
taxes on the principal on the object of the principal shall be borne by the owner.
Art. 584
Wala na ‘to
Art. 585
Best example ay usufruct over a parcel of land. Hindi mo na kailangang gumawa ng inventory kasi hindi naman
mawawala yan.
Art. 586
SEPTEMBER 29, 2019
OBLIGATIONS OF THE USUFRUCTUARY
If a usufruct is created, the first act of the usufructuary is to make a list. Based on it, at the end of the usufruct, you
should return to the owner the things that you received in usufruct. This is to avoid any conflict about what should be
returned. That’s one. Now, the other is to give a bond. But the giving of a bond by the usufructuary is dispensable.
Yung imbentaryo, hind pwedeng mawala. Kaya may security, kasi ako yung owner, I’m giving you properties the fruits
of which you may enjoy. I want to be secure about you handling my property by requiring you to post a bond. Kaya
lang, pwede mawala yan. It can be waived by the owner. Then, another obligation of the usufructuary is to make use
of the thing in usufruct according to its purpose. Another obligation of the usufructuary is at the end of the usufruct,
return the things subject of the usufruct in the condition that they were. The usufructuary is also to exercise the diligence
of a good father of a family on the things in usufruct. Sige, let’s start the reading.
Art. 583 Maliwanag ha? Next.
Art. 584 So as expressly provided, ako merong property, dinonate ko sayo, but then I reserve the usufruct kasi yung
ownership can be transferred to another but the owner can reserve the right to received the fruits perhaps in his lifetime.
Alright. So binigay ko sayo yung ownership, question is, am I still obliged to provide you security? Dinonate ko na nga
sayo, wala ka namang gastos doon, tapos obligado pa ako magbigay ng security? Kaya lang yung second part, it’s
not applicable. I may have mentioned before that the usufruct is created by law and what I cited before is the provision
of the Civil Code. The parents of the children shall enjoy the usufruct kaya lang with the effectivity of the Family Code,
minor children may own properties and may also enjoy the fruits of the properties. Dati kas, by express provision of
the Civil Code, kung ikaw minor, iyo ang property. Kaya lang, habang minor ka, ang parents mo and mag-eenjoy ng
fruits. Kaya lang wala na yan ngayon. Yun nga lang, kapag kulang ang pera ng pamilya, the fruits of the properties of
the minor are to be used for the support of the family. Next.
Art. 585 Kung bibigyan kita ng property, halimbawa lupa. No need to make an inventory. Next.
Art. 586 Ganito yan. Hindi naman lahat tayo marunong mag-manage ng property. What I may do is to convert it to
cash then put the money in the bank. In that case, you may receive th interest or proceeds. I can also invest this money
in shares of stock and then what I may give you are the dividends. Wala pa kayong Securities? Okay, ganito ha? I’m
sure you’ve heard of shares of stock. Corporation, meron kayo? One corporation that you may now is San Miguel and
San Miguel is a very very profitable corporation. Ngayon, lahat ng shares ng San Miguel Corporation, meron ng may-
ari. Kaya lang yung mga may-ari niyan, kapag kailangan ng pera, they sell. Ang tanong, yung mga may-ari ng San
Miguel shares, papaano binibenta yung shares? Idinadaan yan sa stock exchange. Yung stock exchange, palengke
yan. Kaya lang, ag produkto lamang, puro shares of stock. Kapag gusto mong bumili ng isang kilong baboy, public
market di ba? Isda, ganon rin. So in short, if you want to buy consumer goods, you go to a public market. Kaya kung
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gusto mo bumili ng shares of corporations, dadaanin mo nsa stock exchange. Kung ikaw naman meron na at gusto
mo ibenta, daan mo rin sa exchange. Ngayon, if you participate in such enterpruses, at the end of the year, you receive
a share in the profits of this entities. Halimbawa, bumili ka ng shares ng San Miguel, at the end of the year, you expect
that you’ll be receiving dividends. The share in the profits of a corporation of stockholders are called dividends. Kung
halimbawa meron akong mga properties, then I want you to enjoy the fruits of the properties, my concern is, you do
not know how to manage properties. What I did is sell my properties. Ngayon, doon so pinagbilhan, ang magagawa
ko, one is, time deposit ko na lang. Kaya lang at the back of my mind, kung idedeposit ko lang, ang liit ng interest mo.
So bumili na lang ako ng shares sa San Miguel. After all, San Miguel pays dividends regularly. In fact, not advisable
to put he money in the bank kaya mas mataas ang inflation rate sa interest of deposit. Talo ka na.. Ang magagawa
mo, you acquire blue chips. Ito yung shares of profit of corporations that regularly pay dividends. Kung gusto mo
siguradong-sigurado na may kita regularly, you acquire government securities like treasury bills and other government
bonds. Next.
Art. 587 Kung ako may ari ng mga tools, furniture, pwede rin painting, pwede ko ipagamit sayo yun. Kaya lang ang
concern ko, baka kapag ikaw humawak niyan, magtatalunan na mga anak mo. So in short, my furniture will be
damaged and I don’t want that to happen. May agam-agam ang may-ari. What may be done is, if my intention is for
you to benefit from these personal properties is appraise. I will give you the interest on the appraisal value. If there is
no agreed interest, the legal interest. For now, legal interest is common for all obligations. Dati kasi, iba-iba. Ngayon,
6% per annum. When you cite the interest, cite the percentage and also the frequency. Next.
Art. 588-589 Fyi, the least standard of diligence in our law is the diligence of a good father of a family, common referred
to as ordinary diligence. Less than that, it’s negligence. Ngayon, merong highest standard of care, and that is the
standard of care required for common carriers for passengers which you will learn later on. Next.
Art. 590 Ako may ari ng property, ginawa kitang usufructuary. Kaya lang sabi mo, ipagamit ko na lang sa iba. Walang
problema. The rights of the usufructuary are property rights. Transferrable. But then the law makes the usufructuary
responsible for the negligence of the person to whom he transferred the property kas pinagkatiwala ko sayo. Next.
Art. 591 Sa awa ko sayo, gusto kitang tulungan. I have a herd of goats. Sabi ko sayo, friend, tulong ko na lang sayo.
Tutal meron naman akong kambing, these goats will graze in your land. How may you enjoy the fruits? Kapag
nanganak yung kambing, yung gatas nung mommy goat, fruits yun. Binigay ko sayo, 20 heads ng goat. Ang ginawa
mo naman ng hehead count ka. Aba! Naghead count ka, 19 na lang. There is a goat that is missing. Nakita mo may
phyton. Nakita mo malaki yung tiyan. From the skin, Nakita mo may apat na legs. Kinain pala yung nawawalang
kambing nung sawa. At the end of the usufruct, what do you return to the owner? One of the goats was eaten by a
beast of prey, the obligation of the usufructuary is to replace with the young of the animal the animal that was lost due
to the rapacity of the beast of prey. Meron mangangak na goat, yung magiging anak noon, itabi mo na kasi ipapalit mo
yun doon sa kinain ng sawa. Oh, manok, 100 head! Kamalas-malas mo naman, nagkaroon ng bird flu. Namatay lahat
except for one. Ang hindi pa namatay, tandang. What’s your obligation at the end of the usufruct? Ingat kayo sa
pagsasalit ha kasi tinatanong ko yan sa examination, sasabihin ng mga estudyante, to deliver to the owner the remains
of the animal. Bastos mo naman. Ako yung may ari, idedeliver mo sa akin, 99 na bangkay. The intention of the law is
to deliver to the owner what remains from the animals. A usufruct may be over sterile animals. Actually, dalawa yan.
Usufruct over things that do not bear fruits. Una, usufruct over woodand or copse. The other one is usufruct over sterile
animals. How may you enjoy the usufruct over sterile animal? You may consume the sterile animal. What should be
delivered to the owner of the end of the usufruct? You should deliver to the owner another animal with the same kind
and quality. Maghahanap ka rin ng sterile na baka.
Art. 592 Usufructuary is obliged to make ordinary repairs. Kas kapag nagpagamit ka ng kahit anong bagay, maluluma
at maluluma yan. Pwede rin masira. Ordinary repairs, usufructuary. Extraordinary repairs shall be for the account of
the owner. Next.
Art. 594 This is to increase the value of an immovable. Next.
Art. 595 Next.

Art. 596 Yung fruits, they may be considered as taxable income. Syempre, ang nakikinabang doon yung usufructuary
kaya yung tax noon, shall be for the account of the usufructuary. Kaya lang, kung may tax naman yung lupa, yung
owner magbabayad, yung owner. If the tax is on the object of the usufruct, tax is on the account of the owner. If on the
fruits, on the usufructuary. Next.
Art. 597 Pwede rin magkaroon ng arrangement na it will be the usufructuary that will pay the charges for the object of
the usufruct. Kaya lang kung wala noon, si owner. Possible that the owner may not be able to pay on time, the
usufructuary may advance who should be later on be reimbursed with interest by the owner.
Art. 598-600 Kung merong property, real or personal, and the owner of the property merong collateral obligation. Hindi
namna porket ginamit ko na security ay wala na sa akin yung possession. I can allow you to enjoy the fruits of the
property. Kaya lang if I defaulted on my obligation and the mortgagee decided to foreclose the mortgage, then I lose
the property. The usufructuary will also lose the right to enjoy the property kasi nawala na nga sa owner. The owner
shall be liable to the usufructuary for whatever he loses by reason thereof. Nagtanim ka and since the property was
acquired by another person, kung ano yung ginastos ng usufructuary in introducing improvements, he can claim from
the owner. Next.
Art. 601
EXTINGUISHMENT OF USUFRUCT
Art. 603 The rights of the usufructuary are not permanent. Pag namatay ang usufructuary, then the usufruct is
terminated kas the usufruct is intended for the usufructuary’s benefit. Mapapansin niyo dito sa enumeration, walang
nakalagay na death of the owner. The death of the owner does not extinguish the usufruct unless in the deed of the
usufruct, that is expressly provided. The usufruct may be for an intended period. Upon the arrival of the period, the
usufruct is terminated. It may also be for a purpose. Halimbawa ikaw nag-aaral ka ng law. Titigil ka ng pag-aaral kasi
di mo na kaya. Naawa naman sayo yung isang tao, to help you he allowed you to collect the rentals of the property for
the next five years. Ikaw naman, desidido talaga maging abogado, you were able to graduate in four years. The
usufruct will be extinguished. Halibawa naman, pagkacollect mo ng renta, tumaya ka agad sa lotto. Nanalo ka. Buenas
sayo. Malaki napanalunan mo. Kinwento mo sa may ari. Sir, pwede bang bilhin ko na lang itong property mo? In short,
binili mo na. Ikaw na may ari, eh di wala ng usufruct. Kaya naman kapag ang nangyari, when the usufruct is created,
yung mga examinations mo laging bagsak. Mukhang malas ah. What you did is you decided to give up the property.
Or a usufruct is created over a taxicab. Kamalas-malas mo naman, biglang nasunog. Hindi naka-insure. Kaya the
usufruct is extinguished by the loss. Tandaan nyo ha. Kapag usufruct is created over building and land, the building
was lost, the usufruct over the land will continue. Mapapakinabangan mo pa yug lupa. The last one is by prescription.
Next.
Art. 604 Kapag konti lang nasira, meron pang natira, na usufruct will continue sa natira. Next.
Art. 605 If usufruct over town, corporation, ang maximum talaga niyan 50 years. Kaya lang, if the corporation has been
dissolved, the usufruct will be terminated. Parang kapag namatay ang usufructuary. It’s the demise of the usufruct.
Yung 50 years, pwede pang i-renew renew kasi corporations now have perpetual existence. Next.
Art. 606 Sabi ko friend, you have the usufruct until your son reaches 21 years old. Eh lumalabas, yung bata 5 years
old pa lang so gano katagal yung usufruct? 16 years. Kaya lang, halimbawa namatay yung bata, hindi na umabot ng
21. Walang problema. The usufruct continues unless talagang sabi, ito, mapapakinabangan ito ng anak mo. The
usufruct will be extinguished because the consideration is the benefit of the child.
Art. 607-608 Kung merong structure, there is a possibility that the owner may have insured it against the lost. The
usufruct may be over the structure and land. Yung lupa d mo pwede ma-insure yan. Ang pinapainsure, yung property.
And the same thing got lost. The usufruct continues over the land if the usufruct is over the land and building. If the
usufruct is only over the structure, with the lost of the structure, the usufruct is extinguished. Let’s say that the structure
is insured and the owner was able to recover from the insurer, in which case, the usufruct will continue. Next.
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DUCUSIN, FEDERIS, FLORALDE, PALANOG, WONG
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Art. 609 Dito the object is land and pwede ring land or improvements. Let’s say the government decided to expropriate.
Anong mangyayari? The owner of the property shall be indemnified. Dahil kinuha ng government yung property, the
usufruct will be extinguished. Kaya lang, with respect to the indemnity received by the owner, the usufructuary is
entitled to the interest. 6% per annum yan. Okay? Kung meron pang pwedeng ibigay na ibang property si owner,
pwede niyang ilipat yung usufruct over his other property. But if he has no other property which can replace wat was
expropriated, and since he got indemnified, then the usufructuary shall be entitled over the interest of the proceeds of
the expropriation.
Art. 610-611 Let us say, sabi ko sainyong magkakaibigan, tulong ko sa inyo hanggang makatapos kayo ng study, but
only for the next five years, yung property dyan sa tapat ng San Beda pinapaupahan ko yan. Kayong apat, kunin niyo
yung renta for the next five years. 5, 000 a month. Kamalas-malas naman. Yung isa, kinuha na agad ni Lord. Ilan
natira, 3? Yung 20, 000 will be divided by 3. Hindi na-extinguish yung usufruct. Not long enough, yung pangalawa
naman tinawag din ni Lord. Dalawa na lang natititra. No problem. the usufruct continues. Kamalas-malas, yung isa na-
depress, namatay rin. Extinguished na ba yung usufruct? Hindi ba. The usufruct shall continue until the death of the
last survivor. Kaya solo na niya yung 20, 000. Next.
Art. 612 Sige, tama na yan.
October 3, 2019
EASEMENTS
1. here is no such thing as absolute right. There are limitations: a. constitution; b. acts of legislature; and c. equal
rights of others. One example of acts of legislature, or by statute, is the New Civil Code – limitation on private
ownership is easements, also known as servitudes.
2. Pag sinabing easements, it is a burden imposed on a parcel of land in favor of another parcel of land, which
parcels of land belong to different owners. Hindi pwede magkaroon ng easement over personal property. So if you
recall, among those enumerated as immovable properties, easements or servitude. At hindi rin pwede magkaroon ng
easement if you would have two parcels of land but they belong to the same person. Kinakailangan magkaiba ang
may-ari kasi may real property that is favored at may real property na subject to the easement.
3. Easements is created by agreement of the owners of the adjoining properties. So what will govern their right to the
easements is their agreement. Kaya lang may tinatawag na legal easements, these are mentioned in the law, in the
New Civil Code. Mayroong easements relating to waters, easement of right of way, easement of party wall,
easement of light and view, intermediate distances and works, drainage of buildings, easement against nuisance,
lateral and subjacent support – yan ang mga legal easements.
4. Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner.
The immovable in favor of which the easement is established is called the dominant estate; that which is subject
thereto, the servient estate.
- Easements talk about 2 parcels of land belong to different owners
- Servient estate – that which is subject to easement
- Dominant estate – that which is favored
5. Art. 614. Servitudes may also be established for the benefit of a community, or of one or more persons to whom
the encumbered estate does not belong.
- Easements may be in favor of a community, or in favor or one or more persons.
6. Art. 615. Easements may be continuous or discontinuous, apparent or nonapparent.
Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man.
Discontinuous easements are those which are used at intervals and depend upon the acts of man.

Apparent easements are those which are made known and are continually kept in view by external signs that reveal
the use and enjoyment of the same.
Nonapparent easements are those which show no external indication of their existence.
- This article talks about easements na pwedeng continuous or discontinuous, or pwede ring apparent or
non-apparent.
- Pag sinabing continuous, tuloy-tuloy yan kahit in the meantime hindi ginagamit. One is continuous when,
legally, it does not stop. One example is yung relating to waters. Ganito yan, an owner of a house should see to it
that whenever rainwater pours or falls within his property, or falls into the roof of his house, he should see to it that
eventually the rain falls on his property and not to the adjoining property. By the way, ang tawag dyan ay easement
of drainage of buildings – kapag umuulan, applicable at kapag wala nang ulan, hindi na applicable. Kahit na walang
ulan, continuous yan.
- One example of discontinuous, yung hindi tuloy-tuloy na ginagamit, ay right of way. Ito ay easements na
usually are for periods. Makikiraan ka, pero hindi naman pwede na in and out ka nang in and out.
- Kapag apparent, there is a visible sign. Best example ay yung lupa sa bundok or in some areas na
daanan ng tao, trail. Kung sa kaliwa at kanan ay may talahib, pero sa gitna walang talahib at may bakas pa na
dinaanan ng gulong iyon ang apparent sign na may easement of access.
- Pag non-apparent, no visible sign that easement exist.
7. Art. 616. Easements are also positive or negative.
A positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something
to be done or of doing it himself, and a negative easement, that which prohibits the owner of the servient estate from
doing something which he could lawfully do if the easement did not exist.
- As the law provides, easements can be positive or negative.
- Pag positive, it is that which obliges the owner of the servient estate to allow. For example, easement of
right of way, you allow the owner of the dominant estate to pass through your property.
- Pag negative naman, one good example ay the owner of the lower estate should not make any
construction that would obstruct or impede the flow of water coming from the higher estate. And these are
easements relating to waters.
8. Art. 617. Easements are inseparable from the estate to which they actively or passively belong.
- Kung mayroong easement, hindi mo yon maalis sa property.
- The easement could be in favor of a property and it could subject another property that would be
burdened.
9. Art. 618. Easements are indivisible. If the servient estate is divided between two or more persons, the easement is
not modified, and each of them must bear it on the part which corresponds to him.
If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its
entirety, without changing the place of its use, or making it more burdensome in any other way.
- Easements are indivisible. Kapag pinartition mo ung lupa, hindi ibig sabihin nahati na rin ung easement.
Halimbawa, easement relating to waters, the lower estate is always obliged to receive water from the higher estate.
Kaya kung ikaw ung nasa baba at hinati mo ung lupa, hindi ibig sabihin hinati mo na rin ung easement. The
easement will be used in its entirety.
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P a g e |9
10. Art. 619. Easements are established either by law or by the will of the owners. The former are called legal and
the latter voluntary easements.
Art. 620. Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years.
Art. 621. In order to acquire by prescription the easements referred to in the preceding article, the time of possession
shall be computed thus: in positive easements, from the day on which the owner of the dominant estate, or the
person who may have made use of the easement, commenced to exercise it upon the servient estate; and in
negative easements, from the day on which the owner of the dominant estate forbade, by an instrument
acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful
without the easement.
Art. 622. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired
only by virtue of a title.
- Pag sinabing by title, by agreement yan.
11. Art. 623. The absence of a document or proof showing the origin of an easement which cannot be acquired by
prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment.
Art. 624. The existence of an apparent sign of easement between two estates, established or maintained by the
owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may
continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should
be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the
execution of the deed. This provision shall also apply in case of the division of a thing owned in common by two or
more persons.
Art. 625. Upon the establishment of an easement, all the rights necessary for its use are considered granted.
Art. 626. The owner of the dominant estate cannot use the easement except for the benefit of the immovable
originally contemplated. Neither can he exercise the easement in any other manner than that previously established.
Art. 627. The owner of the dominant estate may make, at his own expense, on the servient state any works
necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome.
For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and
manner so as to cause the least inconvenience to the owner of the servient estate.
- Whenever an easement is created, it should be demanded least inconvenient to the servient estate. Kasi
yung easement, burden nay an. Wag na masyadong pahirapan yung servient estate. Halimbawa, easement relating
to waters, the lower estate is obliged to receive water coming from the higher estate. The law expressly provides that
the owner of the lower estate should not make any construction that will obstruct the flow of water. Also, the owner of
the servient estate would see to it to make any construction as would minimize the damage to his property kasi pag
umaagos ang tubig galing sa taas, hindi lang tubig ang bumaba, may bato pa yan. Hindi naman pwede na gumawa
ka ng bakuran. Gumawa ka na lang ng dike to reduce the force from the higher estate para mabreak man lang ang
pwersa.
12. Art. 628. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the
expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. Any
one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others.
If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be
obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary.
Art. 629. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude.

Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement,
the same should become very inconvenient to the owner of the servient estate, or should prevent him from making
any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another
place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant
estate or to those who may have a right to the use of the easement.
- My example again is relating to waters. Kapag may tubig na manggagaling sa upper estate at malakas
yung tubig-ulan, so in short, it may not be able to absorb the rainwater. Pag agos, at yung lupa sa ibaba,
matatabunan yon ng materials coming from the higher estate. Sabi ko sa inyo kanina, but I made a twist, construct a
wall that will all together obstruct the flow of water. So ang magagawa mo na lang ay gagawa ng dike para ung
pressure ng tubig na manggagaling sa itaas ay hindi naman sisirain ung garden at lupa. Pero kailangan pa ring
gumawa ng paraan na ung water will freely flow downhill.
13. Art. 630. The owner of the servient estate retains the ownership of the portion on which the easement is
established, and may use the same in such a manner as not to affect the exercise of the easement.
- The owner of the servient estate remains the ownership. Yung easement of right of way. Yung very same
part of the land that will be used as access for the houses or for the properties at the back of the servient estate shall
be used by the owner of the servient estate.
14. Art. 631. Easements are extinguished:
(1) By merger in the same person of the ownership of the dominant and servient estates;
(2) By nonuse for ten years; with respect to discontinuous easements, this period shall be computed from the day on
which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to
the same took place;
(3) When either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if
the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes
possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number;
(4) By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional;
(5) By the renunciation of the owner of the dominant estate;
(6) By the redemption agreed upon between the owners of the dominant and servient estates.
- If the owner of the servient estate or the dominant estate becomes the owner of the two properties,
maeextinguish ung easement.
- Another is by non-use for ten years, pag hindi na ginagamit. Halimbawa, yung right of way, kapag hindi
na ginagamit o dinaanan ng tao, the easement shall be extinguished.
- Easement relating to waters. Yung lupa mo sa itaas, at yung lupa ko sa ibaba. Eh biglang lumindol. Nag
flat na yung lupa, mas mataas na ung sa akin. Wala nang easement. Why? Saan pa aagos yung tubig eh mas
mataas na yung lupa ko?
- By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional,
ganito yan, ito applicable sa voluntary easement. May construction sa likod ng bahay mo, nakiusap sila na
makikiraan sa property mo for 24 months. Pero hindi lahat ng right of way ay libre. Kaya yung right of way, pwedeng
tanggihan.
- By the renunciation of the owner of the dominant estate, ganito yan, kapag sinabi ng owner ng dominant
estate “pangit ng daanan na yan, hahanap o bibili na lang ako sa iba” yon ay renunciation.
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- By the redemption agreed upon between the owners of the dominant and servient estates, ito parang
nagkaroon ng redemption. Ang mangyayari, ung servient and dominant estate, magiging isa na lang ang may owner.
15. Art. 632. The form or manner of using the easement may prescribe as the easement itself, and in the same way.
Art. 633. If the dominant estate belongs to several persons in common, the use of the easement by any one of them
prevents prescription with respect to the others.
- Kapag maraming gumagamit, o habang may gumagamit, walang prescription. Only kapag wala nang
gumagamit for 10 years, there will be prescription.
- Kapag maraming gumagamit, kaya lang isa na lang ang natira eh yung mga iba namatay na o lumipat ng
lugar, hangga’t may isang gumagamit, walang prescription.
16. Art. 634. Easements imposed by law have for their object either public use or the interest of private persons.
Art. 635. All matters concerning easements established for public or communal use shall be governed by the special
laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title.
Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by the
provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general
welfare.
These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or
no injury is suffered by a third person.
- Okay, so starting Article 637, we will talk about legal easements. One is relating to waters, easement of
right of way, easement of party wall, easement of light and view, intermediate distances and works, drainage of
buildings, easement against nuisance, lateral and subjacent support.
- The owner of the lower estate is obliged to receive water coming from the higher estate and is prohibited
from making any construction as to impede or obstruct the flow of water.
- If there is a parcel of land that has no access to a source of water, the owner of the parcel land may
demand that the owner of the land adjoining in and which has access to a source of water to allow him to draw water
from the source for irrigation or for other similar purposes.
- Sluice gate – ung tinataas na kahoy kapag kailangang kumuha ng tubig galing sa source para matubigan
ung bukid o lupa.
17. Art. 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man
descend from the higher estates, as well as the stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the
higher estate make works which will increase the burden.
Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their
entire length and within a zone of three meters along their margins, to the easement of public use in the general
interest of navigation, floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for
the exclusive service of river navigation and floatage.
If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid.
 P a g e | 11

- Oh ayan yung paulit-ulit kong sinasabi ha. The owner of the lower estate is obliged to receive water
coming from the higher estate and is prohibited from making any construction as to impede or obstruct the flow of
water. Kaya lang ang tanong, ano naman ang source ng tubig na yon? Well, pwedeng baka mayroong spring doon,
so umaagos ung tubig tuloy-tuloy. Pwede ring kapag rainy season, and the plant cannot absorb the water, kaya
aagos ung tubig. The owner of the lower estate to receive not only the water, but also the plants or crops that will be
carried by the water.
pwede mong bakuran or make repairs, when the law allows it, kaya lang when you do it, you should not to do it in
such a way that repairs on the aqueduct would be impossible.
22. Art. 646. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even
though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or
upon a schedule of alternate days or hours.

- So ikaw e may lupa na tabi ng source of water, yung lupa mo can be subject to easements relating to
waters. Kung yan ay kinakailangang daanan ng water crops, hindi mo pwedeng pigilan.
18. Art. 639. Whenever for the diversion or taking of water from a river or brook, or for the use of any other
continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is
not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam,
after payment of the proper indemnity.
- Kapag gagawa ka ng dam, kailangan may suporta sa paligid. Kasi kung walang suporta, matatapon lang
yung tubig.
- Yang aqueduct, may mga panahon na walang tubig yan. By express provision of law, ang aqueduct,
kahit walang tubig na umaagos, is considered continuous. At kahit walang sign na may tubig, still considered as
apparent.
23. Art. 647. One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate
in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its
construction, after payment of damages, including those caused by the new easement to such owners and to the
other irrigators.
- Sluice gate or stop lock/gate para tumigil ang agos ng tubig.

19. Art. 640. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of 24. Art. 648. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers,
public use in favor of a town or village, after payment of the proper indemnity. shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code.

Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the
servient estates to allow passage to persons and animals to the place where such easements are to be used, and
the indemnity shall include this service.

Art. 642. Any person who may wish to use upon his own estate any water of which he can dispose shall have the
right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the
owners of the lower estates upon which the waters may filter or descend.

Art. 643. One desiring to make use of the right granted in the preceding article is obliged:

(1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended;

(2) To show that the proposed right of way is the most convenient and the least onerous to third persons;

(3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations.

- Art. 642: kapag andoon sa lupa mo, mayroong source of water, kaya yung tubig na yon pwede mong
mapakinabangan. Kaya lang, kapag umaagos na ung tubig, hindi mo na makontrol yon. Kaya you need to flow it to
the lower estate. Kaya lang pag ganoon, you will draw water from your property and later on you will release the
water to the adjoining estates, then you are obliged to indemnify the owners of the adjoining properties. Kasi kung
hindi ka kumuha ng tubig, wala sanang aagos. Dahil kumuha ka, kaya lang pagkuha mo may sobra at yung sobra
will go downhill, dadaanan nya yung properties, magbabayad ka ng indemnity.

20. Art. 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or
outhouses, or on orchards or gardens already existing.

- Kung kailangan mong kumuha ng tubig from a source (river, lake, or sea) you cannot deposit one existing
structure. Kung mayroon nang existing, hindi mo na pwedeng sirain yon.

21. Art. 645. The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it,
or from building over the aqueduct in such manner as not to cause the latter any damage, or render necessary
repairs and cleanings impossible.

- Ang aqueduct yan ay daanan ng tubig. Kung ang lupa mo ay nadadaanan ng tubig, yung easement
allows you to enclose it kaysa naman exposed. Kasi kapag umagos, baka dumami pa ung sira sa iyong garden. Or

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DUCUSIN, FEDERIS, FLORALDE, PALANOG, WONG