Property AUF

Civil Code, Book II Property (Tolentino & Para!

AUF School of Law %elonging to no one ◦ they have not been appropriated Res communes ◦ belonging to everyone for the the use use and and enjo enjoym ymen entt of all all ◦ for mankind res alicujus ◦ belonging to someone ◦ privately owned either in collective or individual capacity ◦

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

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Property – Property – an economic concept - a mass of thing things s or objec objects ts usefu usefull to human activity and which are necessary to life, for which reason they may in one way or anothe anotherr be organi organized zed and distri distribut buted, ed, but always for the use of man. Property as a subject in Law – – classifies and defi define nes s the the diff differ eren entt kind kinds s of appr approp opria riable ble objects, provides for their acquisition and loss, and and in gene eneral ral treat reats s of the natur ature e and and consequences of real rights.

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Re#$isites to %e "onsi&ere&  property' utility, or the capacity to satisfy human wants individuality and substance susceptibility of being appropriated •

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Right to property – property – the juridical tie by virtue of which which a person person has the exclusiv exclusive e power power to receive or obtain all the benefits from a thing, except those prohibited or restricted by law or by the rights of others. - emph emphas asiz izes es the the vinculum as oppo oppose sed d to ownership mass of things! TITLE I CLASSIFICATION OF PROPERTY

"o(( "o((on on thin things gs – not susceptible of appropriation as a whole mass, but the limited quantity of the whole mass may be appr approp opri riat ated ed and and ther thereb eby y conv conver erte ted d into into property &&&'uman body is not a not a thing. thing. (pon death, the corp corpse se beco become mes s a thin thing, g, alth althou ough gh it is not not susceptible of appropriation and commerce by reason of public morality.

Art. 414. All things which are or may be the object of appropriation are considered either: (1 !mmovable or real property" or (# $ovable or personal property. (%%%

&&&)on &&&)ontra tracts cts by relati relatives ves with with respec respectt to the corpse corpse of a deceas deceased ed person person,, which which do not refer to the funeral, autopsy, or related matters, are void as contrary to morals.

Things Property &osas 'ienes "ll objects that "ll those that are exis existt and and can can be already appropriated or of use to man. are in the possession of man #hose that can be #hose #hose that that are alread already y possessed possessed and are found in man$s patrimony

Approprition – occupation* willful apprehension of a corporeal object which has no owner,with intent to acquire its ownership.

Clssi!i"tion o! things Res nullius • ◦ things which have been intentionally abandoned res res derelictae! derelictae! by their owners which are still considered as things, even if for the moment they have no owners because they can still be the object of appropriation.

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&&&#hings include patrimonial rights. )in&s o! rights+ rights+ rel rights – rights – jus in re* re* power belonging • to a pers person on ove over a speci pecifi fic c thing hing,, withou withoutt a passiv passive e subjec subjectt individ individual ually ly determ determine ined d agains againstt whom whom such such right right may be personally exercised gives to a person a direct and – immediate juridical power over a thin thing g which hich is enf enforce orceab able le against the whole world enforc enforceab eable le agains againstt the whole whole – world characteristics+ –


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a subj subjec ectt and an obje object ct connec connected ted by a relati relation on of owne owners rshi hip p of the the form former er over the latter a general obligation or duty  to respect for such relation, ther there e bein being g no part partic icul ular ar passive subject effective actions recognized  by law to protect such relation against anyone who may want to disturb it. Personl Personl rights – jus ad rem" power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do. right of obligation or obligation – characteristics+ – there are  subjects active  and passive!, who are determined and specified gene genera rall obli obligat gatio ion n on the the  rd part of  pers person ons s to respect the relation between the active  passive subject effective actions in favor of  the active active subjec subjectt agains againstt the passiv passive e subjec subjectt for the performance of the prestation by the latter or so that that the the rela relati tion on betw betwee een n them may produce its natural and juridical effects. 

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Rel rights

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Personl rights

/ne /ne defi defini nite te active subject subject and the rest of the the worl world d as passive subjects without determination

N$(%er o! persons in*ol*e&

0efinite 0efinite active active subject and definite passive subject

)orp )orpor orea eall or O%+e"t o! the 1ntangible tangible thing thing, the +$ri&i"l reltion pres presta tati tion on of the debtor 0irectly affects Ho the ill 1ndirectly the thing o! the "ti*e affects

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the



related to it

%y mode mode and and title

s$%+e"t !!e"ts the thing

thing thing throug through h the prestation prestation of the debtor

C$se o! %y title alone "reting the +$ri&i"l reltion

2oss or Metho&s o! 2oss or destru destructi ction on of e-tig$ish(ent destru destructi ction on of o! the +$ri&i"l the thing the thing does reltion not extinguish extinguish the relation. 3ive 3ives s rise rise to Nt$re o! the 4roduce real real acti actio ons things personal rd against  rising !ro( actions persons the( agains inst the definite debtor Clssi!i"tion o! things' &i*ine – &i*ine – regulated by canonical laws • ◦ spiritual ◦ corporeal ▪ sacred ▪ religious ▪ holy ▪ temporal h$(n – governed by laws • promulgated by man ◦ material, corporeal, or physical, or manifest to the sense ▪ by reason of ownership common • public • ◦ direct general use ◦ indirect use corporate • ◦ patrimonial ◦ communal nullius • private • ▪ by reason of their immobility immovables or real • ◦ by nature ◦ by incorporation ◦ by their destination ◦ by analogy movables • ◦ by nature ◦ by analogy


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a subj subjec ectt and an obje object ct connec connected ted by a relati relation on of owne owners rshi hip p of the the form former er over the latter a general obligation or duty  to respect for such relation, ther there e bein being g no part partic icul ular ar passive subject effective actions recognized  by law to protect such relation against anyone who may want to disturb it. Personl Personl rights – jus ad rem" power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do. right of obligation or obligation – characteristics+ – there are  subjects active  and passive!, who are determined and specified gene genera rall obli obligat gatio ion n on the the  rd part of  pers person ons s to respect the relation between the active  passive subject effective actions in favor of  the active active subjec subjectt agains againstt the passiv passive e subjec subjectt for the performance of the prestation by the latter or so that that the the rela relati tion on betw betwee een n them may produce its natural and juridical effects. 

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Rel rights

*s

Personl rights

/ne /ne defi defini nite te active subject subject and the rest of the the worl world d as passive subjects without determination

N$(%er o! persons in*ol*e&

0efinite 0efinite active active subject and definite passive subject

)orp )orpor orea eall or O%+e"t o! the 1ntangible tangible thing thing, the +$ri&i"l reltion pres presta tati tion on of the debtor 0irectly affects Ho the ill 1ndirectly the thing o! the "ti*e affects

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the



related to it

%y mode mode and and title

s$%+e"t !!e"ts the thing

thing thing throug through h the prestation prestation of the debtor

C$se o! %y title alone "reting the +$ri&i"l reltion

2oss or Metho&s o! 2oss or destru destructi ction on of e-tig$ish(ent destru destructi ction on of o! the +$ri&i"l the thing the thing does reltion not extinguish extinguish the relation. 3ive 3ives s rise rise to Nt$re o! the 4roduce real real acti actio ons things personal rd against  rising !ro( actions persons the( agains inst the definite debtor Clssi!i"tion o! things' &i*ine – &i*ine – regulated by canonical laws • ◦ spiritual ◦ corporeal ▪ sacred ▪ religious ▪ holy ▪ temporal h$(n – governed by laws • promulgated by man ◦ material, corporeal, or physical, or manifest to the sense ▪ by reason of ownership common • public • ◦ direct general use ◦ indirect use corporate • ◦ patrimonial ◦ communal nullius • private • ▪ by reason of their immobility immovables or real • ◦ by nature ◦ by incorporation ◦ by their destination ◦ by analogy movables • ◦ by nature ◦ by analogy


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semi-movables ▪ by reason of number universal • generic • specific • ▪ by reason of existence existing or present • future • ▪ by reason of divisibility divisible • indivisible • ▪ by reason of importance principal • accessory • ▪ by reason of homogeneity of the specie fungibles • non-fungibles • ▪ by reason of consumability consumables • non-consumables • ▪ by reason of alienability within the commerce of man • outs outsid ide e the the comm commer erce ce of • man intangible, incorporeal, or juridical •

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the predominant distinction of property into real and personal is the possibility possibility of transfer transfer of the latter or of its movement in space, whether by itself or by some external acts. &&&&#he &&&&#he classifica classification tion of property property assumes assumes its importance from the different provisions of the law that that govern governs s its acquis acquisiti ition, on, posses possessio sion, n, disposition, loss, and registration of immovables and movables. "rt. 565 did not mention the 7mixed8 or the 7semi-immovables8 CHAPTER . IMMO/A0LE PROPERTY

#he law does not define define what what proper propertie ties s are immovable, they are merely enumerated. Clsses o! i((o*%les' by nature nature – cannot cannot be moved moved from • place to place  par. 1  5 of Art. 41+ ! by incorporation incorpor ation – essentially essentia lly movables, • but are attach attached ed to an immovabl immovable e in such a manner as to be an integral part thereof  pars. pars. #,%,4,  0 of Art. 41+ ! by destination destination – essentially essentially movable, • but but by purp purpos ose e for for whic which h they they have have been placed in an immovable, partake of the nature of the latter because of the added added utilit utility y derive derived d theref therefrom rom  pars. pars. 4,+,0,2,  7 of Art. 41+ ! 41+ ! by analogy or by law  par. par. 19 of Art. • 41+ ! Prgrph .'

A)!&L* 41+. )he following are immovable immovable property: (1 Land, buildings, buildings, roads and construc constructions tions of all -inds adhered to the soil" (# )rees, plants, and growing fruits, while they are atta attach ched ed to the the land land or form form an inte integr gral al part part of an immovable" (% *verything attached to an immovable in a fied manner manner,, in such a way that it cannot cannot be separa separated ted

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therefrom without brea-ing the material or deterioration of the object" (4 /tatues, /tatues, reliefs, reliefs, paintings paintings or other objects objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals reveals the intention intention to attach attach them permanently permanently to the tenements" (+ (+ $ach $achin iner ery, y, recept receptac acle les, s, instr instrum umen ents ts or implements intended by the owner of the tenement for an indu indust stry ry or worwor-s s whic which h may may be carr carrie ied d on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or wor-s" (0 Animal Animal houses, houses, pigeonhous pigeonhouses, es, beehives, beehives, fish ponds or breeding places of similar nature, in case their owner owner has placed placed them them or preser preserves ves them with with the intention to have them permanently attached to the land, and forming a permanent part of it" the animals in these places are included" (2 3ertilier actually used on a piece of land" (5 $ines, $ines, 6uarri 6uarries, es, and slag slag dumps, dumps, while while the matter thereof forms part of the bed, and waters either running or stagnant" (7 8oc-s and structure structures s which, which, though though floating, floating, are intended by their nature and object to remain at a fied place on a river, la-e, or coast" (19 &ontracts for public wor-s, and servitudes and other real rights over immovable property. (%%4a

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2and, buildings, roads and constructions of all kinds adhered to the soil*!

i((o*%le %y nt$re &&&s &&&sep epar arat ate e trea treatm tmen entt by the the part partie ies s of a building from the land on which it stands, does not change change the immova immovable ble charac character ter of the building, which by itself can be the subject of 9:;.


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Cases+ Cases+ Punalan vs Lacsamana, 1#1 /&A %%1"Leung ;ee vs. /trong $achinery &o. , < 4hil. =55* /tandard  ?)9" @A* /antos /antos *vangelista *vangelista vs Alto /urety , 6A 4hil. 5A6 &&&%uildings on rented land! being immovable by nature, the ownership of the land on which they were erected cannot change their nature as immovable property. )onstructi )onstructions ons in buildings buildings become become immovable immovable by incorporation. #hey are being attached to the land land perman permanent ently ly or there there is an intent intention ion to permanently annex the same.

3rowing crops by express codal provision are cons consid ider ered ed real real prop proper erty ty by inco incorp rpor orat atio ion. n. 'owe 'oweve ver, r, unde underr the the chat chatte tell mort mortga gage ge law, law, growing crops may be considered as personal prop proper erty ty and and may may thus thus be the the subj subjec ectt of a chattel chattel mortgage. mortgage.  /ibal /ibal vs. >alde, >alde, +9 Phil. Phil. +1# ! Prgrph 2' :ve :very ryth thing ing atta attach ched ed to an immo immova vabl ble e in a fixe fixed d manner manner,, in such such a way that it cannot cannot be separa separated ted therefrom without breaking the material or deterioration of the object!

i((o*%le %y in"orportion re vinta

“The parties parties to a contract contract may, by agre agree ement ment,, treat reat as pers person onal al property that which by nature real property. It is a familiar phenomenon to see things classed sed as real prope operty rty for purposes of taxation, which on general purpose may be considered as personal property.” !ta !tand ndar ard d "il "il Co. Co. #s. #s. $ara $arani nill llo, o, supra%

the injury or breakage or deterioration in case of separation must be substantial. &&&t &&the mater ateriial fact fact of incor ncorp pora oration tion or separation is what determines the condition of thes these e obje object cts* s* so that that,, as soon soon as they they are are separated from the tenement, they recover their cond condit ition ion as mova movable bles, s, irre irresp spec ecti tive ve of the the intention of the owner.

“In such a case as a building is made ade the subj subjec ectt of a chat chatte tell mort mortga gage ge,, and and the the mort mortga gage ge is registered registered in the chattel chattel mortgage registry, the mortgage would still be #oid in so far as & rd persons are concerned.” concerned.” '#angelis '#angelista ta #s. (lto !urety ) Ins. Co. %

Prgrph 2

Prgrph 3

Cnn Cnnot ot be separated from immovable with withou outt brea breaki king ng or deterioration

Cn be separated from immovable with withou outt brea breaki king ng or deterioration

Deed not be placed by ;ust be placed by the the owner owne ownerr or his his agen agent, t, express or implied

Prgrph 1' #re #rees es,, plan plants ts,, and and grow growin ing g frui fruits ts,, whil while e they they are are attach attached ed to the land or form form an integral integral part of an immovable!

i((o* i((o*%le %le %y in"orp in"orpor ortio tion n Bif planted thru labor* and immovable by nature if they are the spontaneous products of the soilC &&&#rees and plants are immovable only when they are attached to the land* hence, when they have have been een cut or uproo prootted, ed, wheth hether er for for firewood, or lumber, or other use, they become

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movable, movable, except except when timber constitut constitutes es the natural product of the tenement, in which case it still forms an integral part of the immovable. &&&(n &&&(nga gath ther ered ed prod produc ucts ts have have the the natu nature re of personal property.

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9eal property incorporation

by 9eal property incorporation destination.

by and

4$ery' suppose suppose the properties properties referred to in paragraph  are temporarily removed, but there is an intention to replace them, should they be considered real or personal propertyE Anser + person personal al proper property ty inasmu inasmuch ch as the incorporation has ceased. as opposed to the view view in Partidas Partidas which was not reproduced by the )ode )ommission!


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Prgrph 3' ?tatues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements!

i((o*%le %y in"orportion 5 %y &estintion &&&these can generally be separated from the immovable without breaking the matter or injuring the object. &&&/bjects in pars. 5  > become immobilized only when placed in the tenement by the owner of such tenement. Case+ 8avao /awmill &o. vs &astillo, =6 4hil
i((o*%le %y &estintion &&&the immovable condition of these objects depends upon their being destined for use in the industry or work in the tenement* the moment they are separated, not necessarily from the immovable, but from the industry or work in which they are utilized, they recover their condition as movables. “*achinery intended by the owner of any building or land for use in connection with any industry or trade being carried on therein and which are expressly adapted to meet the reuirements if such trade or industry, are considered as real property.” -.. -er/en/otter #s. Cu 0njieng, 12 3hil. 11&%

&&&excluded in this article are those which are merely for decorative purposes, and even those which are necessary for other purposes distinct from the requirements of the industry or works being carried on in the tenement. :ssential requisites+ the placing must be made by the owner • or his agent or duly authorized representative the industry or works must be carried on • in the building or on the land the machines must tend directly to meet • the needs of the said industry or works. #he machines must be essential and • principal elements in the industry and not merely incidental. Case+ $indanao 'us &o. vs. &ity Assessor  )reasurer , 39 2-6s $eralco, 6A ?)9" =F &&&1f the machine is still in the building but is no longer used in the industry conducted therein, the machine reverts to the condition of a chattel &&&1f still needed for the industry but separated from the tenement temporarily, the property continues to be immovable, inasmuch as paragraph > refers to real property by destination or purpose and not to real property by incorporation Prgrph 7 "nimal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it* the animals in these places are included!

i((o*%le %y in"orportion n& &estintion &&&when the animals inside the permanent animal houses are alienated onerously or gratuitously, it is believed that the transaction is an alienation of personal property, unless the building or the tenement is itself also alienated.

&&&work animals or beast of burden are not included in this paragraph.

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&&&this paragraph includes the agricultural utensils or implements given by the owner of a tenement to the tenants or workers thereon.

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Prgrph 8' Gertilizer actually used on a piece of land!

i((o*%le %y &estintion &&&fertilizers should be on the land where they are to be utilized, because it is only then that the intention of the owner to use them on the tenement is beyond doubt. Prgrph 9' ;ines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant!

i((o*%le %y nt$re slg &$(p – dirt and soil taken from a mine and piled upon the surface of the ground. 1nside the 7dump8 can be found the minerals. &&&Haters in this paragraph refers to natural bodies of waters.rivers, lakes, lagoons, etc! Prgrph :' 0ocks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast!

i((o*%le %y &estintion /essels are considered personal property • may be the object of chattel mortgage • but such should be registered in the record of the )ollector of )ustoms at the port of entry not on the 9egistry of 0eeds or 4roperty. • "lthough they are personal property, they partake to a certain extent of the nature and conditions of real property because of their value and importance in the world of commerce. Prgrph .;' )ontracts for public works, and servitudes and other real rights over immovable property.!

i((o*%le %y nlogy -refer not to material things but rights, which are necessarily intangible. ?ervitude or easement – encumbrance imposed on an immovable for the benefit of another immovable belonging to another owner, or for the benefit of a person or group of persons. easement on the right of way!

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$anresa believes that because of the enumeration of immovables under Art. 41+, and the provisions of the following articles, it is difficult to admit other -inds of immovable property. ?hile the parties cannot by agreement treat as immovable that which is legally movable, they may in certain cases treat as movable some things enumerated by law as immovable.

CHAPTER 1 MO/A0LE PROPERTY A)!&L* 410. )he following things are deemed to be personal property: (1 )hose movables susceptible of appropriation which are not included in the preceding article" (# eal property which by any special provision of law is considered as personalty" (% 3orces of nature which are brought under control by science" and (4 !n general, all things which can be transported from place to place without impairment of the real property to which they are fied. (%%+a

Test o! Mo*%le Chr"ter' whether it can be carried from place to place whether the change of location can be affected without injury to an immovable to which the object may be attached whether the object is not included in any of the ten paragraphs of "rt. 56> •

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"ct 6>AF )hattel ;ortgage 2aw! - /ec. 2 ! recognize that growing crops are personal property and may be the object of chattel mortgage &&&electricity, gas, heat, oxygen, light, rays, and other forces of nature are by law, considered movable. geothermal power, nuclear, electricity! Se(i<(o*%les – include those which are susceptible of moving by themselves without assistance from any outside force, such as animals* movable. Intelle"t$l property – right of the author, artist, or inventor over his work is a personal property. 1t consists in the pecuniary benefit


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which the owner can get by the reproduction or manufacture of his work. 1t is essentially a monopoly of exploitation. Cases4 /ibal vs >alde , >A 4hil. >6* @./. vs. &arlos, 6 4hil. >5 Art. 412. )he following are also considered as personal property: (1
7/bligations8 under "rt. 56< means credit. 1ntangible objects should be considered personal because of the exclusive character of the enumeration of real property* all those not included therein are considered personal. "ll juridical persons must be deemed included in par.  of "rt. 56< Case+ /trochec-er vs. amire Art. 415. $ovable property is either consumable or nonconsumable. )o the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed" to the second class belong all the others. (%%2

Cons$(%les – those whose use according to their nature destroys the substance of the thing or causes their loss to the owner. cannot be used according to its nature – without its being consumed F$ngi%les – things whose individuality can be determined by counting, weighing, or measuring. - the quality of being fungible depends upon their possibility – because of their nature or the will of the parties – of being substituted by others of the same kind, not having a distinct individuality. - e.g. 6A heads of cattle, 6AA copies of a newspaper of a certain date Non
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Cons$(%le )lassification of things into consumable and nonconsumable is according to the nt$re o! the thing.

F$ngi%le )lassification of things into fungibles and non-fungibles is a classification ""or&ing to p$rpose depending on whether they can be substituted by other things of the same kind, quality, and quantity

CHAPTER 2 PROPERTY IN RELATION TO THE PERSON TO WHOM IT 0ELON=S A)!&L* 417. Property is either of public dominion or of private ownership. (%%5

P$%li" &o(inion 4roperty of public dominion is not • owned by the ?tate, but pertains to the ?tate. as territorial sovereign exercises • juridical prerogatives over such property. )ollective ownership for the general use • and enjoyment purpose* serve the citizens, not the • ?tate intended for common welfare so they • cannot be the object of appropriation. #he relation of the ?tate to this property • arises from the fact that the ?tate is the juridical representative of the social group. S"re& n& religio$s o%+e"ts have been considered outside the • commerce of man. #hey are neither public nor private property, in the sense that any private person can be the owner thereof. • /utside the field of civil law ;anresa! A)!&L* 4#9. )he following things are property of public dominion: (1 )hose intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the /tate, ban-s, shores, roadsteads, and others of similar character"


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(# )hose which belong to the /tate, without being for public use, and are intended for some public service or for the development of the national wealth. (%%7a

4roperty of public dominion are outside the commerce of man. Prin"iples ppli"%le to properties o! p$%li" &o(inion+ #hey cannot be alienated or leased or otherwise be the subject matter of contracts #hey cannot be acquired by prescription against the ?tate. #hey are not subject to attachment or execution. #hey cannot be burdened by any voluntary easement. •

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Property !or p$%li" $se – can be used by everybody, even by strangers or aliens, in accordance with its nature* but nobody can exercise over it the rights of a private owner, e.g+ ?hores – portion of land which is subject to the ebb and flow of the waters of the sea "ccretions or additions to the shores of the sea by action of the water Davigable and non-navigable streams )reeks and esteros ?treets %eds of rivers •

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Property !or p$%li" ser*i"e 4ar.  of "rt. 5A includes not only those used for the defense of the territory, but also all property devoted to public service "rt. 5A do not distinguish between immovables and movables* hence, whatever the condition of the property, provided it is for public service, it falls within this category. A)!&L* 4#1. All other property of the /tate, which is not of the character stated in the preceding article, is patrimonial property. (%49a

Ptri(onil property – property over which the ?tate has the same rights, and of which it may dispose, to the same extent as private individuals in relation to their property, subject

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only to the administrative laws and regulations on the procedures of exercising such rights. - they exist for the ?tate for attaining its economic ends, as a means for its subsistence, and the preservation of its natural organism. - ?ubject to prescription and can be the objects of ordinary contracts. - 4roperty owned by the ?tate but is not devoted to public use, public service, or the development of the national wealth "9#1)2: 5. 4roperty of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the ?tate. 56a!

4roperty of public dominion ceases to be such and becomes private property of the ?tate only upon the declaration by the government, through the executive or legislative departments, to the effect that it is no longer needed for public use or service. ;ere possession of land does not by itself automatically divest it of its public character. A)!&L* 4#%. )he property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. (%4% A)!&L* 4#4. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the s6uares, fountains, public waters, promenades, and public wor-s for public service paid for by said provinces, cities, or municipalities. All other property possessed by any of them is patrimonial and shall be governed by this &ode, without prejudice to the provisions of special laws. (%44a

?ame principles discussed under "rt. 5A are applicable for property for public use of provinces and towns. &&&23(s can reclaim foreshore lands but they cannot reclaim submerged lands. A)!&L* 4#+. Property of private ownership, besides the patrimonial property of the /tate, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. (%4+a

Hhere a person has proved his right of ownership over a piece of land, and it is not


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shown that the ?tate has a superior right thereto, the former must be recognized as owner even against the ?tate.

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•

Provisions &ommon to the )hree Preceding &hapters A)!&L* 4#0. ?henever by provision of the law, or an individual declaration, the epression immovable things or property, or movable things or property, is used, it shall be deemed to include, respectively, the things enumerated in &hapter 1 and &hapter #. ?henever the word muebles, or furniture, is used alone, it shall not be deemed to include money, credits, commercial securities, stoc-s and bonds, jewelry, scientific or artistic collections, boo-s, medals, arms, clothing, horses or carriages and their accessories, grains, li6uids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, ecept where from the contet of the law, or the individual declaration, the contrary clearly appears. (%40a

TITLE II CHAPTER .

possessory in!or(tion – informacio possessoria! prima facie evodence that the registered possessor is also the owner of the land involved. A)!&L* 4#5. )he owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. )he owner has also a right of action against the holder and possessor of the thing in order to recover it. (%45a

E-tent o! right o! onership+ Right to en+oy unless prevented by a contract or some other law, the owner cannot be deprived of the enjoyment of his property on the plea that another needs it more because of an emergency =us utendi – right to receive o from the thing what it produces =us abutendi – right to consume o the thing by its use. 0oes not include the right to abuse •

OWNERSHIP IN =ENERAL A)!&L* 4#2.
Onership - 1ndependent and general power of a person over a thing for purposes recognized by law and within the limits established thereby. 3ilomusi ! - " relation in private law by virtue of which a thing pertaining to one person is completely subjected to his will in everything not prohibited by public law or the concurrence with the rights of another /cialoja! - independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of law. Paras! )in&s o! Onership+ Gull ownership  jus in re propia! – all the • rights of an owner

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naked ownership nuda proprietas! – ownership where the right to the use and the fruits has been denied. ?ole ownership – ownership is vested only in one person. )o -ownership – ownership is vested in tow or more persons ◦ unity of the property and plurality of the subjects ;anresa!

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Right to &ispose o jus dispodendi" power to alienate, encumber, transform, and even destroy the thing owned. 1ncludes the right not to dispose o /nly the owner can dispose of o property, subject to the limitations imposed by law. #he person who acquires o property from one who is not the owner and has no right to dispose of the same, detains the property without right or title, and the owner may recover the same from him. )olentino vs Paraiso, %4 Phil. 097

Civil Code, Book II Property (Tolentino & Para! •

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Right to Re"o*er  =us vindicandi ! right to exclude o from the possession of the thing owned by any other person to whom the owner has not transmitted such thing, by the proper action for restitution, with the fruits, accessions, and indemnification for damages. owner of the thing may proceed o not only against the person in actual possession but against anyone unlawfully detaining it. o #he possessor has the presumption of title in his favor, but if the plaintiff can prove his title as owner and establish the identity of the property claimed as his, he will be entitled to recover the property, even if the possession seems legalized by a conveyance. $endoa vs 3ulgencio, 5 Phil. #4%! #his right to recover is given by o the law only to the owner of the thing, and not to one who by his own voluntary act has ceased to be the owner by the transfer of ownership to another. 'owever, this right of the owner o to maintain an action to recover possession of property wrongfully taken from him, can be transferred by him, and his transferee can maintain the action against the wrongdoer. ?aite vs Peterson, 5 Phil. 447 ! o "s a basic rule, the person who claims that he has a better right to the property must prove both ownership and identity. 3lores vs !A&, 125 /&A 212 ! person in peaceful o " possession of property must be respected in his possession and cannot be required to surrender possession until a competent court rules otherwise. *du vs Bome, 1#7 /&A 09%! "n owner who did not object in o the ?tate$s exercise of power of eminent domain over his

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property is deemed to have waived his right of action to recover possession of his property and is left with an action for damages for the value of the property taken as his only remedy. ?uch denial of right to recover is partly on the ground of estoppel but principally for reasons of public policy. Rights o! n oner $n&er the Ro(n L • jus possidendi – right to possess • jus utendi – right to use • • • •

jus abutendi - right to consume jus fruendi – right to the fruits jus dispodendi – right to dipose jus vindicandi – right to recover

A"tions !or possession' 5orcible entry and unlawful detainer – • within the exclusive original jurisdiction of municipal and justice of the peace courts formerly referred to as accion o interdictal For"i%le entry >nl!$l &etiner ?ummary action to "ction that must be recover material or brought when physical possession of possession by a real property when a landlord, vendor, person originally in vendee or their person possession was of any land or building deprived thereof by is being unlawfully force, intimidation, withheld after the strategy, threat, or expiration or stealth. termination of the right to hold possession, by virtue of any contract, express or implied o

;ay be brought by a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth* G1?#?! a landlord, vendor, vendee or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold •

•


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possession, by virtue of an express or implied contract* or the legal representative or assigns of any of such landlord, vendor, vendee, or other person ;ust be brought within 6 year from the unlawful deprivation or withholding of possession. 6 year period commences from the time of demand to vacate, and when several demands are made, the same is counted from the last letter of demand. 0emand may be in writing or personal. Do demand needed if it was stipulated that he should vacate the premises without necessity of further demand upon failure to comply with the terms of the agreement. #he only question involved in an action for forcible entry and unlawful detainer, is that of mere physical possession, and the decision in such action is res judicata only on the question of possession. 1n case judgment is issued in favor of the plaintiff, immediate execution may issue to prevent further damages to him. Patalinhug vs &A, 1%2 /&A 452 ! ?ublessees are bound by the judgment rendered against the lessee in an ejectment case even if they had not been made parties thereto. #he only damages that can be recovered in an ejectment suit are the fair rental value or the reasonable compensation for the use and occupation of the real property. ;oral, exemplary, and actual damages are not considered as rents nor reasonable compensation for the use and occupation of the premises nor fair rental value. 'aen vs. &A, 1#+ /&A 0%4! #he defendant may set up a counterclaim for moral damages

and recover it if it is within the jurisdiction of the court.

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o

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o

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"ccion publiciana plenary action to recover possession* must be instituted in 9#) 'as for its object the recovery of o the dominion over the property as owner. 4rescriptive period is 6A years "rt. o >>>, Do. 5! issue of posession de jure not o possession de facto issue is better right of possession o ;ay be instituted whenever the o owner is dispossessed by any other means than those mentioned in 9ule
(ccion rein#indicatoria action to recover possession based on ownership 9efers to restitution of the o possession only. 4roper action in case of refusal o of a party to deliver possession of property due to an adverse claim of ownership. " suit to recover possession of o a parcel of land as an element of ownership, brought by the •

Civil Code, Book II Property (Tolentino & Para! o

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owner against the holder or possessor of the land the issue involved is ownership

Reple#in ? for manual delivery of personal property* under 9ule =A of the 9ules of )ourt.

allows preliminary injunction to prevent the defendant from committing further acts of dispossession against the plaintiff.

•

Writ o! possession issued only once, and only against parties in possession of the property at the time of registration. /rder directing the sheriff to place a successful registrant under the #orrens system in possession 9ight of the registered owner and his transferees to a writ of possession never prescribes. Hrit of possession is improper to eject another from possession, except in+ 2and registration proceeding :xtrajudicial foreclosure of mortgage or real property Iudicial foreclosure of • property provided that the mortgagor has possession and no rd party has intervened :xecution sales. •

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6rit of injunction to prevent or restrain acts of trespass and illegal interference by others with the possession of property 3ranted only to plaintiff who is o admittedly the owner of the property and is in the possession thereof. not a proper remedy for the o recovery of possession forcible entry action! "rt. >@, o D)) grants to the dispossessed plaintiff a right, within 6A days from the filing of the complaint, to file a motion for writ of preliminary injunction to restore him in possession. forcible entry action! 9ule
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Remo#al of Impro#ements petition to avail of this action is o needed for as not to violate )ommonwealth "ct Do. F@

Li(ittions on Onership' .@ generl li(ittions !or the %ene!it o! the Stte power of eminent domain • police power • &&(nlike in eminent domain, the property may be taken or destroyed without compensation. power of taxation • &&unlimited in force and so searching in extent &&imposes burden which, in case of failure to discharge it, may be followed by seizure and sale or confiscation of property 1@ spe"i!i" li(ittions • legal servitude . li(ittions i(pose& %y the prty trns(itting onership however, law intervenes to prevent limitations that are arbitrary and capricious! by contract • by last will • 3@ li(ittions i(pose& %y the oner hi(sel! voluntary servitude • mortgages • pledges • lease right • stipulation in inalienability  ✔ if absolutely perpetual, such stipulation is void prohibition is ✔ temporary valid as long as it serves some serious and lawful interest. if valid, the same property is also not subject to attachment! period of ✔ ;aximum inalienability is A years "rt. F

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sanctions ✔ alienation may resolve the grant, such as in the revocation of a donation for a breach of condition if the original grant is conditioned on the prohibition. ✔ "lienation may invalidated , but the original contract preserved 6@ inherent li(ittions rising !ro( "on!li"ts ith other si(ilr rights caused by contiguity of property • 

(nder certain conditions, it becomes necessary for the ?tate thus to deprive its citizens of property or of the right for continuance of property for the benefit of the general welfare and prosperity its inhabitants. police power! 7'owever absolute the right of an individual may be, it is still in the nature of that right that it must bear a portion of the public burdens and that portion must be determined by the legislature.8 - )hief Iustice ;arshall of (? ?) on power of taxation A)!&L* 4#7. )he owner or lawful possessor of a thing has the right to eclude any person from the enjoyment and disposal thereof. 3or 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

Prin"iple o! sel!
– rd person taking necessary measure to

repel the aggression acts as a negotiorum gestor * and if he suffers injury in the defense, the possessor must indemnify him. – 9ight to counter force with force  Paras! – similar with "rt. 66 par. 6 of 94) self defense! A"t$l in*sion o! property' • disturbance of possession ◦ force may be used against it as long as its continues, even beyond the prescriptive period for an action for forcible entry • real dispossession ◦ force may be used only immediately after the dispossession ◦ delay, even if excusable, such as when due to the ignorance of the dispossession, will bar the right to the use of force. "ggression must be illicit or unlawful. #he right of self-help is not available against the exercise of right by another, neither can it be used against the lawful exercise of the functions of a public official. #he possessor may do all acts necessary to repel aggression. Hhen there are several means available, the possessor must choose that which shall cause the least damage to the aggressor. 1f the possessor uses force than necessary, then he becomes liable for damages. A)!&L* 4%9. *very 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. (%55

#he right of the owner to inclose his tenement is limited by the servitudes existing thereon. A)!&L* 4%1. )he owner of a thing cannot ma-e use thereof in such manner as to injure the rights of a third person. (n

Hhen the owner of the property makes use thereof in the general and ordinary manner in

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which such property is used, nobody can complain as having been injured because the inconvenience can be considered as a mere consequence of community life. 1f the use of the property causes injury to rd persons, the owner must be held liable for the damages caused. Hhen the use of property constitutes a nuisance, the owner is liable for damages and at the same time, the injurious use may also be stopped. #he fact of neighborhood imposes certain limitations upon the extent to which an owner may make use of his property. "n owner cannot be debarred from the legitimate use of his property simply because it may cause a real damage to his neighbor. A)!&L* 4%#. )he 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. )he owner may demand from the person benefited indemnity for the damage to him. (n

7#he law permits the injury or destruction of things belonging to others provided this is necessary to avert a greater danger or dangers.8 • De!ense ginst $nl!$l ggression – the danger comes from anotherJs property A"ts in  stte o! ne"essity - ?ource • of danger is immaterial ◦ the act is for the purpose of protecting the actor himself or another person at the expense of the owner of the property ◦ it is necessary that the interference with anotherJs property be indispensable to avert the threatened danger or damage. ◦ "ll necessary measures in anotherJs property to avert the danger. ◦ #he owner is obliged to tolerate these acts. ▪ 1f through error, one believes himself to be in a state of

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necessity, or used means in excess of the requirements of the situation, his act would be illicit,and the owner of the property can properly use against him the defensive force authorized in "rt. 5@ self-help! ▪ #he law does not require that the person acting in a state of necessity be free from negligence in the creation of such situation. )onsidered a justifying circumstances under "rt. 66, par.5 of 94) Paras!

#he seriousness of the danger must be much greater than the damage to the property affected or destroyed by the protective act. 0anger to life is always greater than damage to property. =enerl r$le'#he owner may demand from the person benefited indemnity for the damages to him."rt. 5! E-"eption+ 1f the owner of the property causing the danger would have been responsible for damages if the danger had not been averted, Kon #uhr+ #here is no obligation to indemnify the owner for the damage caused by the defense against unlawful aggression or against dangerous objects. #he obligation to indemnify does not depend upon imputability. #he basis of the liability is the benefit derived, similar to the reason for the rule provided in "rt.  of D)). CA)!&L* #%. *ven when an act or event causing damage to anotherDs property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.E &&&#he right of self help is D/# available against an act in a state of necessity, because


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there would be no unlawful aggression when a person acts pursuant to a right. A)!&L* 4%%. Actual possession under claim of ownership raises disputable presumption of ownership. )he true owner must resort to judicial process for the recovery of the property. (n

1f a person believes that he is entitled to possession of a thing which is in the possession of another, he may+ demand the delivery of the possession* • or resort to judicial process for the • recovery of the possession. if demand is refused!  requirements to raise presumption of ownership+ actual possession, and • claim of ownership •

a

disputable

"rt. 5 applies to both real and personal properties A)!&L* 4%4. !n an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the wea-ness of the defendantDs claim. (n

#he possessor of the property has the presumption of title in his favor, and unless the plaintiff proves he has better right, he cannot recover the property form the defendant. Re#$isites in n "tion to re"o*er' proof that he has better title than the • defendant of the property identity of the property • #he plaintiff must rely on the title on which he founds his right of ownership and not upon the defects in the defendantJs title. /wnership may be proved by any evidence admissible in law. Gact of long possession in conjunction • with other proof of title in order to show ownership. #ax declarations and receipts • accompanied by possession for a period sufficient for prescription

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#he ownership and title to land duly recorded cannot be overcome by gratuitous title, such as inheritance, donation, or mere tax declaration. Co(position title – proof of exclusive ownership of the person who appears therein as grantee possessory in!or(tion title – prima facie evidence that the person who instituted the proceedings holds the property as owner* and the purchaser of the land from the holder of such title, is prima facie the owner thereof.

A)!&L* 4%+. Fo person shall be deprived of his property ecept by competent authority and for public use and always upon payment of just compensation. /hould this re6uirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. (%47a

Poer o! e(inent &o(in essential to the general welfare of • society delegated power • may be exercised only in accordance • with the due process of law. • " statute authorizing the exercise of the power of eminent domain should be construed strictly in favor of the landowners whose property is affected by its terms. "n owner of property so occupied may, by his acquiescence, be estopped from recovering the property occupied or from enjoining its use. "ward of compensation is a condition precedent for the taking of private property for public use. Co(penstion – an equivalent for the value of the land. $st "o(penstion – a fair and full equivalent for the loss sustained. market value not prospective value of – the condemned property to which of course, must be added his consequential damages, if any, or from

Civil Code, Book II Property (Tolentino & Para! which must be deducted consequential benefits, if any.

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1f land is expropriated for a particular purpose with the condition that when the purpose has ended or abandoned the property shall return to its former owner, then, when the purpose is terminated or abandoned, the former owner reacquires the property so expropriated. /ther cases of expropriation+ private lands to be subdivided and • conveyed at cost to deserving individuals private enterprises to be operated by • the 3overnment like transportation, communication, etc. ! public benefit, public advantage, and public utility – universal test of the exercise of the right of eminent domain A)!&L* 4%0. ?hen any property is condemned or seied by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seiure is unjustified. (n

4olice power is universally conceded to include everything essential to the public safety, health, and morals to justify the destruction or abatement by summary proceedings, of whatever may be regarded as a public nuisance. (nlike in eminent domain, private property may be taken or destroyed without compensation by virtue of the police power.

2imitations+ servitudes or easements • special laws – like the ;ining law • ordinances • the reasonable requirements of aerial • navigation principles of human relations justice, • honesty, good faith! and prevention of the rights of  rd persons A)!&L* 4%5. Gidden treasure belongs to the owner of the land, building, or other property on which it is found. Fevertheless, when the discovery is made on the property of another, or of the /tate or any of its subdivisions, and by chance, onehalf thereof shall be allowed to the finder. !f the finder is a trespasser, he shall not be entitled to any share of the treasure. !f the things found be of interest to science or the arts, the /tate may ac6uire them at their just price, which shall be divided in conformity with the rule stated. (%+1a

%y chance there must be no purpose or intent to • look for the treasure ?panish commentators! good luck, implying that one who • intentionally looks for the treasure is embraced in the provision 0ean )apistrano  0ean Grancisco! A)!&L* 4%7. 'y treasure is understood, for legal purposes, any hidden and un-nown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. (%+#

Re#$isites+ public purpose • reasonable means • A)!&L* 4%2. )he owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any wor-s or ma-e any plantations and ecavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. Ge cannot complain of the reasonable re6uirements of aerial navigation. (%+9a

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#he right of the landowner extends to the space and subsoil as far as necessary for his practical interests, or to the point where it is possible to assert his dominion* beyond these limits, he would have no legal interest.

%*

Hi&&en tres$re+ they consist of money, jewels, or other • precious objects ◦ refers only to movables they are hidden and unknown, such that • their finding is a real discovery. "nyone who has absolutely no right over the immovable or the thing in which the treasure is found is deemed a stranger.


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Con"el(ent o! &is"o*ere& hi&&en tres$re' finder do not lose his share • becomes civilly and criminally liable for • taking something not belonging to him, which is the share of the landowner responsible for all the consequences of • possession in bad faith with respect to the loss or deterioration of the thing. #he finding must be by chance in order that a stranger may be entitled to L of the treasure. Con!li"t o! opinion' 7finder was given permission by owner to look make an investigation in his property8 8ean &apistrano+#he finding is certainly not by chance. $anresa+ #he finder, even if he did not discover the treasure by chance, is entitled to some remuneration. ?ome authors say that he is entitled to the whole treasure because the permission by the owner amounts to a renunciation of rights* others say only L because the finder would not have been entitled to anything if the owner had not given him the permission. )olentino+ 2ast view seems to be reasonable. #he finding is not by chance, but the finder should be entitled to a share on the basis of implied contract or on the principle against unjust enrichment. CHAPTER 1 RI=HT OF ACCESSION A)!&L* 449. )he ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. (%+%

A""ession right by virtue of which the owner of a • thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto, either naturally or artificially Minds+ • ◦ dicreta

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extension of the right of ownership to the products of the thing ▪ natural fruits, industrial fruits, and civil fruits ▪ based on principles of justice continua ▪ acquisition of ownership over a thing incorporated to that which belongs to the owner ▪ based on necessity and utility ▪ movables conjunction or adjunction • ◦ inlcusion ◦ soldering ◦ ferruminatio ◦ plumbatura ◦ weaving ◦ writing specification • commixtion • ▪ immovables alluvion • force of river • change of river bed • formation of islands • building • planting • sowing • ▪

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prin"iples' that the owner of a thing belongs the • extension or increase of such thing that this extension of the right of • ownership is realized, as a general rule under the jurodical principle that the accessory follows the principal that the incorporation of the accessory • with the principal, saving the exceptions provided by law, is effected oly when two things are so united that they cannot be separated without injuring or destroying the juridical nature of one of them the right in re to the principal is also the right in re to the accessory right of accession is automatic ipso jure! requiring no prior act on the part of the owner of the principal.


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Se"tion . 9ight of "ccession with 9espect to Hhat is 4roduced by 4roperty

A)!&L* 44%. Ge who receives the fruits has the obligation to pay the epenses made by a third person in their production, gathering, and preservation. (%+0

"ccession 0iscreta right to the ownership of fruits produced • by the property.

1n conformity with the rule against unjust enrichment same rule applies if the expenses exceeds the value of the fruits.

A)!&L* 441. )o the owner belongs: (1 )he natural fruits" (# )he industrial fruits" (% )he civil fruits. (%+4

Fr$its •

• •

include all products of or income from a thing, in accordance with its economic purpose, so long as they do not bring about any essential alteration thereof. 4roducts of the thing benefits and advantages from use ◦ taken into account to determine indemnity for damages for the unlawful detention of the thing

A)!&L* 44#. Fatural fruits are the spontaneous products of the soil, and the young and other products of animals. !ndustrial fruits are those produced by lands of any -ind through cultivation or labor. &ivil 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. (%++a

Nt$rl !r$its spontaneous products of the soil, and • the young and other products of animals. 4roducts of the soil in whose generation • human labor does not intervene in&$stril !r$its' those produced by lands of any kind • through cultivation or labor. Ci*il !r$its rents of buildings, the price of leases of • lands and other property and the amount of perpetual or life annuities or other similar income.

e-penses the fruits must be dedicated to the • annual production, and not for the improvement of the property they must not be unnecessary, • excessive, or for pure luxury, but must be of such amount naturally required by the condition of the work or the cultivation made this provision does not apply when the planter is in good faith because in this case, he is entitled to the fruits already received, hence there is no necessity of reimbursing him. "rt. >55! A)!&L* 444.
 kinds of crops+ annual crops • ◦ deemed manifest the moment their seedlings appear from the ground, although the grains have not yet actually appeared. perennial crops • ◦ deemed to exist only when they actually appear on the trees. Ci*il !r$its

"ccrue daily and are Hhile still growing are therefore considered real property in the category of personal property )an be pro-rated

Se"tion 1

"#vd$

%

In&$stril !r$its n& nt$rl !r$its

)annot be pro-rated


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9ight of "ccession with 9espect to 1mmovable 4roperty accession continua A)!&L* 44+. ?hatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. (%+5

%uilding – a generic term for all architectural work with roof, built for the purpose of being used as a manJs dwelling, or for offices, clubs, etc. exception to this is with regard the conjugal property "rt. 6>F of the )ode! A)!&L* 440. All wor-s, sowing, and planting are presumed made by the owner and at his epense, unless the contrary is proved. (%+7

A)!&L* 442. )he owner of the land who ma-es thereon, personally or through another, plantings, constructions or wor-s with the materials of another, shall pay their value" and, if he acted in bad faith, he shall also be obliged to the reparation of damages. )he owner of the materials shall have the right to remove them only in case he can do so without injury to the wor- constructed, or without the plantings, constructions or wor-s being destroyed. Gowever, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages. (%09a

Rights n& o%ligtions o! the ln&oner ho $ses the (terils o! nother' in good faith • rule+ #he landowner ◦ 3eneral becomes the owner of the materials but he must pay for their value. :xception+ when the material can be removed without injury to the work made or to the principal, the owner of the materials can remove them. in bad faith • ◦ he becomes the owner of the materials but he must pay for their value and damages.

"#vd$

%-

Rights n& o%ligtions o! the oner o! the (terils@ 2andowner acted in good faith • ◦ the owner of the materials is entitled to reimbursement ◦ he is entitled to removal, provided no substantial injury is caused landowner acted in bad faith • ◦ owner of the materials is entitled to the absolute right of removal and damages, H/D substantial injury is caused ◦ he is entitled to reimbursement and damages in case he chooses not to remove if both the landowner and the owner of the materials are in bad faith, they are considered both to have acted in good faith. 1f the 2andowner is in good faith and the landowner is in bad faith, the landowner would not only be exempted from reimbursement, but he would also be entitled to consequential damages. ;oreover, the owner of the materials would lose all rights to them. A)!&L* 445. )he owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the wor-s, sowing or planting, after payment of the indemnity provided for in articles +40 and +45, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. Gowever, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. !n such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. )he parties shall agree upon the terms of the lease and in case of disagreement, the court shall fi the terms thereof. (%01a

#his provision gives the owner of the land the option to acquire the improvements after payment of the proper indemnity, or to oblige the builder or planter to pay for the land, or the sower to pay the rent. 'e cannot refuse to exercise either option. 9eason+ it is the owner of the land who is authorized to exercise the option, because his right is older, and because by the principle of


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accession, he is entitled to the ownership of the accessory of the thing.

•

)onstructions must be of permanent character but if it is transitory in character, there is no accession and the proper remedy of the landowner is an action to eject the builder from the land. "rticle is applicable only to possessors builder, planter, sower! in good faith. Possessor in goo& !ith – one who has no knowledge of any flaw or defect in his title or mode of acquisition

•

the owner of the land must pay these expenses before acquiring the improvement. #he reference to articles >5=  >5F, implies that the builder, planter, or sower in good faith has a right to retain, not only the improvements, but also the land on which they have been built, planted, or sown, the land being considered meanwhile as an inherent part of the improvement. •

Deither of the parties may bring a reivindicatory action against each other. Hhen the owner of the land elects to appropriate the improvement, he is bound to pay the necessary and useful expenses incurred by the builder, planter, or sower. :xpenses those made for the preservation of the • thing those that augment the income of the • thing upon which they were spent during the retention of the improvements builder, sower, planter! he is not exactly a possessor in good faith, he is obliged to account for such fruits, so that the amount thereof may be deducted from the amount of indemnity to be paid to him by the owner of the land.

1n case alienation of the property to a  rd party, who shall borne the indemnity to the possessor in good faithE

"#vd$

.

$anresa+ ◦ possessor may proceed against the rd party, without prejudice to the action which the latter may have against his grantor ◦ reason+ allowing the possessor to bring his action against the former owner would be equivalent to permitting an action against one who cannot profit at all from the accession because he is no longer the owner of the land. icci + ◦ it is possible that the new owner may have paid the improvements when he paid the property to the vendor ◦ if the new owner is sued by the possessor, and he has already paid the improvements thereon, he may recover from the original owner what he has paid as the value of such improvements, if he did not pay the value, he alone is liable therefor to the possessor )olentino: ◦ obligation of the landowner to pay indemnity is personal and in the absence of an agreement to the contrary, is not transmitted to the vendee is the thing is sold before the indemnity has been paid, unless such obligation appears in the 9egistry of 4roperty. ◦ 1t can be presumed that the vendor has added the value of the improvements in fixing the price of the land

option of the landowner may be denied if it stands in contrasts with the power of eminent domain of the government. #he owner of the land cannot compel the builder or planter to pay for the land, if its value is considerably more than that of the building or trees. option of /2+ appropriate the improvements or to lease the land to the builder or planter at a reasonable rent!


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this and the following articles are not applicable to cases where there is a contractual relation between the parties. #his article will apply with respect to land of public dominion occupied in good faith by  rd persons. /wnership over the accessory passes only after payment of the indemnity A)!&L* 447. Ge who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity. (%0#

A)!&L* 4+9. )he owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the wor-, or that the planting or sowing be removed, in order to replace things in their former condition at the epense of the person who built, planted or sowed" or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. (%0%a

"lternative rights of the owner of the land on which anything has been built, planted or sown+ appropriate what has been built, planted • or sown without any obligation to pay indemnity to ask the builder, planter or sower to • remove what he has built, planted or sown. #o compel the builder or planter to pay • the value of the land or the sower the proper rent. unless the owner insists in absolute compliance with the terms of "rt. 55@, the builder, planter, or sower may remove his materials, paying the landowner the damages he may suffer provided the land does not suffer any injury thereby. "rt. 55@ is an exception to "rt. 55 only if the improvements are not yet severed, gathered, or harvested! A)!&L* 4+1. !n the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.

A)!&L* 4+#. )he builder, planter or sower in bad faith is entitled to reimbursement for the necessary

"#vd$

%

epenses of preservation of the land. (n

1f the builder, planter, or sower in bad faith has made necessary expenses for the presevation of the land itself, he is entitled to reimbursment for such expenses. 'e losses the accessory or improvement, but he is not deprived of his right to collect what he has spent to preserve the principal. 2and taxes are considered as necessary expenses and must be reimbursed, regardless of the bad faith of the builder, planter, or sower. A)!&L* 4+%. !f there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. !t is understood that there is bad faith on the part of the landowner whenever the act was done with his -nowledge and without opposition on his part. (%04a

9eason+ he who knowingly allows himself to be deceived may not complain as a deceived person. #he bad faith of one party extinguishes or neutralizes the bad faith of the other. 4resumption+ with the unlawful trespass upon the land, the building, planting or sowing was commenced without the knowledge and consent of the owner thereof. 0& !ith o! the %$il&er, plnter or soer – when he builds, plants, or sows knowing that the land does not belong to him and he has no right to build, plant or sow thereon. 0& !ith o! the ln& oner - whenever the act was done with his knowledge and without opposition on his part. A)!&L* 4+4. ?hen the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 442 shall apply. (n

"rt. 55<* the owner of the land is considered as having made the building, planting, or sowing through the builder, planter, or sower, with materials belonging to the latter, and therefore he should pay the value of the materials plus damages because of his bad faith.


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A)!&L* 4++. !f the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. )his provision shall not apply if the owner ma-es use of the right granted by article 4+9. !f the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. (%0+a

Rights o! the oner o! the (terils /; N owner of the materials! /2 N owner of the land! %4? N %uilder, 4lanter, ?ower! 6. 3eneral rule+ /2 is subsidiarily liable for the value of the materials e-"ept when he makes use of his right to compel the builder, planter, or sower in bad faith to remove the improvements. . /; – acted in good faith /2 – acted in good faith, appropriates the improvements %4? – bad faith ◦ rights of /; against %4? value of materials O damages! ◦ right of /; if %4? is insolvent value of the property! . /; acted in bad faith, he will lose his materials without the right to indemnity 5. all three acted in bad faith, their rights will be determined as if all of them acted in good faith

A)!&L* 4+0. !n the cases regulated in the preceding articles, good faith does not necessarily eclude negligence, which gives right to damages under article #120. (n

")!&L* 4+2. )o the owners of lands adjoining the ban-s of rivers belong the accretion which they gradually receive from the effects of the current of the waters. (%%0

All$*ion soil deposited or added to the lands • adjoining the banks of rivers, and gradually received as an effect of the current of the rivers.

"#vd$



•

•

•

• •

reason+ nobody can prove ownership over such gradual accumulation of sediment* nobody can tell from whose lands they come and expediency dictated that they be given to the owner of the land on which they are deposited for he can best utilize them registration under the #orrens system does not protect the riparian owner against the loss or diminution of the area of his land through gradual changes in the course of an adjoining stream. 9equisites+ deposit be gradual and ◦ the imperceptible ◦ it be made through the currents of the river ◦ that the land where accretion takes place is adjacent to the banks of the river. 0oes not include deposits made by human intervention. #he owner of the riparian land does not have to make an express act of possession.

0nBs o!  ri*er – lateral strips of zones of its bed which are washed by the stream only during such high floods as do not cause inundations or to the point reached by the river at high tide. A)!&L* 4+5. )he owners of estates adjoining ponds or lagoons do not ac6uire the land left dry by the natural decrease of the waters, or lose that inundated by them in etraordinary floods. (%02

:xception to alluvion. #he provision refers to ponds or lagoons and therefore has no application to lakes. 4ond – a body of stagnant water without an outlet, larger than a puddle and smaller than a lake. LBe – body of water formed in depression of the earth, ordinarily of fresh water coming from rivers,brooks, or springs, and connected with the sea by them.


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Lgoon – a small lake, ordinarily of fresh water, and not very deep, fed by floods, the hollow bed of which is bound by elevation of land. A)!&L* 4+7. ?henever the current of a river, cree- or torrent segregates from an estate on its bana -nown portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. (%05a

A*$lsion transfer of a known portion of land from • one tenement to another by the force of the current if the owner of the land transferred • failed to remove the mass of land within the  years prescriptive period, the owner of the land to which it was transferred shall have the ownership over it. following the )hile )ode! the law preserves the right of the • original owner to recover and remove his property* but at the same time, the law creates a prescription in favor of the person asserting accession if the formerJs right is not exercised within  years. Hhen the known portion taken by the • current of the waters from one tenement is left in the middle of the stream, not united to any other tenement, the owner preserves his right of ownership over said portion. All$*ion

A*$lsion

#he deposit of the soil ?udden or abrupt is gradual process may be seen ?oil cannot identified

be ?oils is identifiable or verifiable

%elongs to owner of %elongs to the owner property to which it is from whose property it attached was detached A)!&L* 409. )rees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within si months. !f such owners claim them, they shall pay the epenses incurred in gathering them or putting them in a safe place. (%07a

"#vd$

'

#he owner if the land upon which the tress have been cast, may have transplanted them on his own land in order to preserve them. Dotwithstanding this, their former owner sill preserves his ownership within the period of = months, and he may get them back, paying the expenses incurred in their preservation. A)!&L* 401. iver beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. Gowever, the owners of the lands adjoining the old bed shall have the right to ac6uire the same by paying the value thereof, which value shall not eceed the value of the area occupied by the new bed. (%29a

1t is sufficient that there be some reasonable indication on the ground of the abandoned bed, and that there be sufficient evidence showing that the river changed its course not gradually but suddenly and abruptly. /nce the river bed has been abandoned, the owners of the invaded land become owners of the abandoned bed to the extent provided by the article. #he acquisition of ownership is automatic. #he article refers to a natural change in the course of a stream. #his article do not apply in cases where the river simply dries up. 1f the river dries up, the land will belong • to the government ◦ river banks are part of public dominion ◦ no private property or land is injured. A)!&L* 40#. ?henever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. (%2#a

Ri*er %e& – ground covered by its waters during ordinary floods. A)!&L* 40%. ?henever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. Ge also retains it if a portion of land is separated from the estate by the current. (%24

Civil Code, Book II Property (Tolentino & Para! #his article refers navigable or not.

to all

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rivers, whether

A)!&L* 404. !slands which may be formed on the seas within the jurisdiction of the Philippines, on la-es, and on navigable or floatable rivers belong to the /tate. (%21a

#hese islands form part of the patrimonial property of the ?tate, which may sell them. N*ig%le ri*er – one which in its natural state affords a channel for useful commerce and not such as is only sufficient to float a banca or a canoe. #he ?tate has the duty to declare which rivers are navigable and which are not. A)!&L* 40+. !slands which through successive accumulation of alluvial deposits are formed in non navigable and nonfloatable rivers, belong to the owners of the margins or ban-s nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. !f a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. (%2%a

"rticle 5=> refers only to islands formed in nonnavigable waters because islands formed in navigable waters belong to the ?tate reason+ a preferential right is given to those who are nearest to the island because they are in the best position to cultivate and attend to the exploitation of such island. "rticle does not include+ those formed by the branching of the • river those which are known portions of land • from a tenement and deposited in the middle of the stream

Se"tion 2 9ight of "ccession with 9espect to ;ovable 4roperty ""essions in (o*%les • "on+$n"tion –  different things are so united that they from a single object, but each component part preserves its nature • spe"i!i"tion – it is a work of a third person that is united with the property of another Co((i-tion – implies a greater inter• penetration and even decomposition of the things mixed A)!&L* 400. ?henever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing ac6uires the accessory, indemnifying the former owner thereof for its value. (%2+

A&+$n"tion or "on+$n"tion happen only when the two things united • cannot be separated without injury to them. 9equisites+ • ◦  things belong to different owners ◦ they form a single object, or that their separation will impair their nature kinds+ • ◦ inclusion ◦ soldering ◦ escritura ◦ pintura ◦ weaving A)!&L* 402. )he principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. (%20

Criteri to &eter(ine prin"ipl' importance or purpose of the thing • value of the things • volume • A)!&L* 405. !f it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of

"#vd$




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the greater value shall be so considered, and as between two things of e6ual value, that of the greater volume. !n painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. (%22

1f test insufficient+ take into consideration all the provisions applicable in order to decide from the comparative merits, utility, and volume of the things. A)!&L* 407. ?henever the things united can be separated without injury, their respective owners may demand their separation. Fevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. (%25

)overs only soldering.

adjunction

by

inclusion

In&e(nity (y %e pi& either %y' delivery of the thing equal in kind and • value* or payment of price as appraised by • experts. A)!&L* 42#. !f by the will of their owners two things of the same or different -inds are mied, or if the miture occurs by chance, and in the latter case the things are not separable without injury, each owner shall ac6uire a right proportional to the part belonging to him, bearing in mind the value of the things mied or confused. (%51

Co((i-tion solid! or "on!$sion liquid! if the things mixed are of different kind • and quality, co-ownership will arise if the things mixed are of the same kind • and quality, there is D/ conflict of rights

and

#he expenses for the separation of the objects should be borne by the owner who caused the union or incorporation. A)!&L* 429. ?henever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered. !f the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing" and in both cases, furthermore, there shall be indemnity for damages. !f either one of the owners has made the incorporation with the -nowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. (%27a

A)!&L* 421. ?henever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing e6ual in -ind and value, and in all other respects, to that employed, or else in the price thereof, according to epert appraisal. (%59

#he right conferred by this article pertains to the owner of the principal as well as to that of the

"#vd$

accessory, because no distinction is made between one and the other.

)

A)!&L* 42%. !f by the will of only one owner, but in good faith, two things of the same or different -inds are mied or confused, the rights of the owners shall be determined by the provisions of the preceding article. !f the one who caused the miture or confusion acted in bad faith, he shall lose the thing belonging to him thus mied or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mied. (%5#

#he law does not expressly provide for cases in which there was bad faith on the part of both owners. 4rinciple that the bad faith of the one neutralizes the bad faith of the other, is applicable. A)!&L* 424.

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he indemnify him for the value of the material and the damages he may have suffered. Gowever, the owner of the material cannot appropriate the wor- in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material. (%5%a

Spe"i!i"tion giving of a new form to anotherJs • material through the application of labor. it is not possible to separate the • material that has been used and the form, creation or work which has been employed or given in it. #ransformation need not be made • personally by the one who makes use of the materials* it may be made through others working under his orders. %ad faith+ by worker • ◦ /; may appropriate the work or demand indemnity ◦ in case the finished work is of greater value than the materials, /; may only ask for indemnity by owner of the materials • ◦ "rt. 5
Mi-t$re

Spe"i!i"tion

1nvolves at 1nvolves at ;ay involve least  things least  things only 6 thing "s a rule, "s a rule, co- "s a rule, accessory ownership accessory follows the results follows principal principal #he things #he things joined retain mixed or their nature confused may either retain or lose their respective nature

"#vd$

#he new object retains or preserves the true nature of the original object

*

A)!&L* 42+. !n the preceding articles, sentimental value shall be duly appreciated. (n

CHAPTER 2 4>IETIN= OF TITLE •

• •

an action to quiet title to property or to remove a cloud thereon is a remedy of form of proceeding originating in equity jurisprudence, which has or its purpose an adjudication that a claim of title to or an interest in property, adverse to that of the complainant, is invalid, so that the complainant and those claiming under him may be forever afterward free from any danger of the hostile claim. " proceeding that is 6uasi in rem. :xtends only to real properties. :xcept+ registries for their ◦ those with transfers which may be treated to some extent in the same manner as real property property affected by ◦ personal registered chattel mortgages

A"tion to #$iet title

S$it to "lo$&

re(o*e



?ubstantially an action for the purpose of putting an end to vexatious litigation in respect to the property involved

1ntended to procure the cancellation, delivery of, release of an instrument, encumbrance, or claim constituting a claim on plaintiffJs title

#he plaintiff asserts his own estates and declares generally that defendant claims some estate in the land, without defining it

4laintiff not only declares his title, but also avers the source and nature of defendantJs claim, points out its defects, and pray that it be declared void.

9easons+ 6. the prevention of litigation . the protection of the true title and possession . the real interest of both parties, and that of right and justice, which require that the precise state of the title be known


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A)!&L* 420. ?henever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to 6uiet the title. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.

Clo$& on title – an outstanding instrument, record, claim, encumbrance, or proceeding which is actually invalid or inoperative, but which may nevertheless impair or affect injuriously the title to the property. • ;ust have a prima facie appearance of validity or legal efficacy must be prima facie substantial. #he • claim constituting the alleged cloud must be such as to cause a reasonable fear that it may at some time be asserted against the owner vexatiously or injuriously. • 3eneral rule+ not created by mere verbal or parol assertion of ownership of or an interest in property. ◦ :xcept + where there is a written or factual basis for the asserted right. illustrations • ◦ title or lien which appears to have been procured by fraud, deceit, or misrepresentations ◦ forged instruments or prohibited ◦ unauthorized conveyances or encumbrances by incapacitated persons ◦ taxes levied on exempt property and apparently valid tax sales and conveyance of such property ◦ conveyance which is executed by one whose title to the property had been divested ◦ grant which is shown to have been subject to a condition precedent where it appears that the condition has not been performed ◦ tax sale or a tax deed which is invalid by reason of the prior payment of the tax in question

◦

contract of sale which has been rescinded or forfeited as a result of the purchaserJs abandonment of the contract or by his default in performance conveyance by one who after the execution of the deed was declared insane

A)!&L* 422. )he plaintiff must have legal or e6uitable title to, or interest in the real property which is the subject matter of the action. Ge need not be in possession of said property.

3eneral rule+ the plaintiff must have a legal title to the property in question or some interest therein, and be in possession thereof, at the institution of the action. 1n 4hilippine )ode+ one who has an equitable title to property may maintain an action to quiet title or remove cloud thereon. A)!&L* 425. )here may also be an action to 6uiet title or remove a cloud therefrom when the contract, instrument or other obligation has been etinguished or has terminated, or has been barred by etinctive prescription.

#he title to property may be quieted with respect to any instrument which has become functus oficio by reason of facts which can be shown only by extrinsic evidence courts will remove a cloud which is cast upon the title to property by lien, interest, or title which has become barred and unenforceable by reason of delay and laches or the running of the statute of limitations. A)!&L* 427. )he plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for epenses that may have redounded to the plaintiffDs benefit.

7he who seeks equity must do equity.8 a restoration of benefits will be required in any case where the plaintiff is shown to be morally bound to reimburse the defendant. A)!&L* 459.

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+

)he principles of the general law on


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the 6uieting of title are hereby adopted insofar as they are not in conflict with this &ode.

#he opinion has been expressed that cloud on a title, such as requires the intervention of a court of equity to remove, must be one which the applicant has not created, and is under no personal obligation to discharge or remove 4etition for quieting of title should take precedence over ejectment case to prevent multiplicity of suits A)!&L* 451. )he procedure for the 6uieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the /upreme &ourt shall promulgated.

CHAPTER 3 R>INO>S 0>ILDIN=S AND TREES IN DAN=ER OF FALLIN= A)!&L* 45#. !f a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged to demolish it or to eecute the necessary wor- in order to prevent it from falling. !f the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the epense of the owner, or ta-e measures to insure public safety. (%57a

"rt. 6@A+ the proprietor of the building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. "rt. 6@+ the person who suffers damages as a result of the collapse of a building should proceed against the engineer, architect or contractor who built the structure, if the collapse is due to the latterJs fault. #he owner of the building is liable for injuries caused to others by its lack of repair, whether the injured party be a tenant or  rd person. 'e is liable H/D he had actual • knowledge of the ruined condition of the premises. A)!&L* 45%. ?henever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it" and should he not do so, it shall be done at his epense by order of the administrative

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

authorities. (%79a

(nder "rt. 6@6, par.  of the present )ode, proprietors are responsible for damages caused by the falling of trees situated at or near highways or lenes, unless it is caused by force majeure. TITLE III CO
Co

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Co
Ioint ownerJs rights of ownership are extinguished upon his death

)o-owner can dispose " joint owner cannot of his undivided share sell his undivided freely share without the consent of the other joint owners

Prtnership

to

obtain 4urpose+collective enjoyment and to maintain the unity and preservation of the thing owned in common

#here is a juridical Do such juridical entity entity distinct from the exists members ;ay be created for a ?tipulation to create period of 6A years co-ownership for a period is void #here is mutual ?4" would be needed representation by the for such partner representation 4artner cannot #here is freedom of transfer his rights to disposition of share rd person without the consent of the other partners )an be extinguished by the death or incapacity of the partners

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A)!&L* 45+. )he share of the coowners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void. )he portions belonging to the coowners in the coownership shall be presumed e6ual, unless the contrary is proved. (%7%a #his article grants each co-owner the right to use the property for the purpose intended. #he accretion added to any portion of land owned in common becomes part of the property in co-ownership.

Co
)reated only by ;ay arise from other agreement or contract causes to that effect 4urpose+ profit

0istribution of profits 0istribution of profits is subject to is invariable by virtue stipulations of "rt. 5F>

0eath or incapacity of the co-owner have no effect on the existence of the co-ownership

-

A)!&L* 450. *ach coowner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the coownership or prevent the other coowners from using it according to their rights. )he purpose of the coownership may be changed by agreement, epress or implied. (%74a

Li(ittions o!  "o

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without preventing the other co-owners from making use of the same according to their own rights ◦ the co-owners may establish rules regarding their use of the thing owned in common ◦ in default of an agreement, there should be a just and equitable distribution of uses among all the co-owners re(e&y o! "o
A)!&L* 452. Any one of the coowners may bring an action in ejectment. (n

#his article covers all kinds of actions for the recovery of possession accion interdictal, accion publiciana, accion reivindicatoria, 6uieting of title. replevin! a co-owner may bring an action to exercise and protect the rights of all. #he action referred to in this article may be brought, not only against  rd persons, but even against co-owner who takes exclusoive possession and asserts ownership in himself alone. A)!&L* 455. *ach coowner shall have a right to compel the other coowners to contribute to the epenses of preservation of the thing or right owned in common and to the taes. Any one of the latter may eempt himself from this obligation by renouncing so much of his undivided interest as may be e6uivalent to his share of the epenses and taes. Fo such waiver shall be made if it is prejudicial to the coownership. (%7+a

#he article refers to necessary expenses for the preservation of the thing and does not include useful expenses. Ne"essry e-penses – all those, which, if not made, would endanger the existence of the thing or reduce its value or productivity. Re(e&y ginst &e!$lting "o
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'.

Ren$n"ition #he renunciation referred to in this • article must be expressly made. Hay where co-owner may exempt • himself from this duty to reimburse covers only necessary expenses like • those for the preservation of the property and not for useful improvements, even if the value of the property is thereby increased, the purpose of co-ownership is not for profit A)!&L* 457. epairs for preservation may be made at the will of one of the coowners, but he must, if practicable, first notify his coowners of the necessity for such repairs. *penses to improve or embellish the thing shall be decided upon by a majority as determined in article 47#. (n

#his article authorizes any co-owner to advance the expenses for preservation. 'e may advance the necessary expenses and recover from the others their respective shares. "s to expenses for preservation, the will of one of the co-owners is sufficient authority for making or incurring them. 1f, however, due to the opposition of some co-owners, the repairs are not undertaken and the property deteriorates or is ruined, then those who opposed such repairs shall pay the losses and damages suffered by the community. #he present article requires that, if practicable, notice in the necessity of the repairs be given to the other co-owners but does not state the effect of the failure to give such notice. #he only effect of the failure to give the required notice, is to place upon the co-owner who makes the advances the burden of proving the necessity of the repairs and the reasonableness of the expenses. N$(%er o! "o

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A)!&L* 479. ?henever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary epenses and there eists no agreement on the subject, the following rules shall be observed: (1 )he main and party walls, the roof and the other things used in common, shall be preserved at the epense of all the owners in proportion to the value of the story belonging to each" (# *ach owner shall bear the cost of maintaining the floor of his story" the floor of the entrance, front door, common yard and sanitary wor-s common to all, shall be maintained at the epense of all the owners pro rata" (% )he stairs from the entrance to the first story shall be maintained at the epense of all the owners pro rata, with the eception of the owner of the ground floor" the stairs from the first to the second story shall be preserved at the epense of all, ecept the owner of the ground floor and the owner of the first story" and so on successively. (%70

Con&o(ini$(s an interest in real property consisting of • separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. 9" 5<=, )ondominium "ct! each unit belongs separately to one or • more persons, do not constitute a coownership as provided for and governed by the )ivil )ode. 4artly co-ownership and partly under • individual separate ownership. #he owners of the various units own • undivided spiritual interests in such common areas in proportion to these separate interest in their respective units aliens may own a condominium only • through a condominium corporation where they become stockholders only, subject to the =AQ5A limit in the )onstitution ?ec. F  6 of )ondominium "ct, • grounds for partition and dissolution of condominium corporation A)!&L* 471. Fone of the coowners shall, without the consent of the others, ma-e alterations in the thing owned in common, even though benefits for

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all would result therefrom. Gowever, if the withholding of the consent by one or more of the coowners is clearly prejudicial to the common interest, the courts may afford ade6uate relief. (%72a

Altertion a change • ◦ which is more or less permanent ◦ which changes the use of the thing ◦ which prejudices the condition of the thing or ots enjoyment by others act by virtue of which a co-owner, in • opposition to the common agreement, changes the thing from the state in which the other believe it should remain, or withdraws it from the use to which they desire it to be intended refers to change that modifies and • limits, and above all, prejudices the condition of the things or its enjoyment by the others. refers to alterations or • "rt. 5@6 transformations which change the essence and nature of the thing* they require the unanimous consent of all the co-owners. :xamples of alterations+ sale, donation, mortgage, etc. of the • whole property sale, donation, mortgage, etc of a part • of the property but with definite boundaries voluntary easement • lease of real property if • ◦ the lease is recorded ◦ lease is for more than 6 year any other act of strict dominion or • ownership illegl ltertion' alteration made without the express or • implied consent of the other co-owners effects+ • ◦ co-owner responsible may lose what he has spent ◦ demolition can be compelled ◦ he would be liable for losses and damages ◦ %(# whatever benefits the coownership derives will belong to it


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A)!&L* 47#. 3or the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the coowners shall be binding. )here shall be no majority unless the resolution is approved by the coowners who represent the controlling interest in the object of the coownership. /hould there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. ?henever a part of the thing belongs eclusively to one of the coowners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (%75

Chr"teristi"s o! "ts o! &(inistrtion' refer to the enjoyment and preservation • of the thing they have transitory effects • A&(inistrtion

Altertion

9efer to the enjoyment of the thing and are transitory character

'ave a more permanent result and relate to the substance or form of the thing

(nder the present )ode, the lease ceases to be an act of administration when it is to be recorded in the 9egistry of 4roperties. " special power of the administrator is required when the property is leased for more than 6 year. A)!&L* 47%. *ach coowner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, ecept when personal rights are involved. 'ut the effect of the alienation or the mortgage, with respect to the coowners, shall be limited to the portion which may be allotted to him in the division upon the termination of the coownership. (%77

%efore the partition of the land or thing held in common, no individual or co-owner can claim title to any definite portion thereof. "ll that the co-owner has is an ideal or abstract quota or proportionate share in the entire land or thing.

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:ven if a co-owner sells the whole property as his, the sale will affect only his own share, but not those of the other co-owners who did not consent to the sale. Hith the express consent of the other coowners, however, one co-owner can alienate or encumber any definite or specific physical part of the property, materially delimited or separated with the consent of all the co-owners, without segregating it as an independent property. Li(ittions' rights which are purely personal • he cannot make a dispositin for the • purpose of giving the thing different use from that agreed upon by the co-owners or adapted to its nature A)!&L* 474. Fo coowner shall be obliged to remain in the coownership. *ach coowner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. aisa dc Fevertheless, an agreement to -eep the thing undivided for a certain period of time, not eceeding ten years, shall be valid. )his term may be etended by a new agreement. A donor or testator may prohibit partition for a period which shall not eceed twenty years. Feither shall there be any partition when it is prohibited by law. Fo prescription shall run in favor of a coowner or co heir against his coowners or coheirs so long as he epressly or impliedly recognies the coownership. (499a

Ter(intion o! "o

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when the co-owners have agreed to continue in the co-ownership for the period permitted by law ◦ when the co-ownership is imposed as a condition in a donation or a will ◦ when form the very nature of the community it cannot be legally divided, such as in party walls and the conjugal partnership ◦ when the partition or division will render the thing unserviceable for the use and purpose for which it was intended. " stipulation to keep the thing undivided is a renunciation by the co-owner of his right to ask for partition at any time. ◦ #he period of indivision cannot be more than 6A years imprescriptible as long as the coownership is recognized ◦ ordinarily, possession by one coowner will not be presumed to be adverse to the others, but will as a rule be held to benefit all ◦ the imprescriptibility of the action cannot be invoked when one of the co-owners has thus possessed the property as exclusive owner, and for a period sufficient to acquire it by prescription. procedure is laid down in 9ule =@ of the 9ules of )ourt ◦

•

•

•

A)!&L* 47+. Fotwithstanding the provisions of the preceding article, the coowners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. 'ut the coownership may be terminated in accordance with article 475. (491a

#his article merely prevents material or physical division of the thing owned in common, but does not preclude the termination of the juridical condition of the co-ownership by such means as the adjudication to one co-owner or the sale of the property and the division of its proceeds. A)!&L* 470. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the ules of &ourt insofar as they are consistent with this &ode.

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Prtition division between  or more persons of • real or persona property which they own as co-partners, joint tenants or tenants in common, effected by the setting apart of such interest so that they may enjoy and possess it in severalty. ;ay be agreed orally or in writing • ?tatute of Grauds has no operation in • this kind of agreement • "n action for partition may be seen to present simultaneously two principal issues. ◦ Girst, there is the issue of whether the plaintiff is indeed a co-owner of the property sought to be partitioned. ◦ ?econd, assuming that the plaintiff successfully hurdles the first issue, there is the secondary issue of how the property is to be divided between plaintiff and defendants! R i.e., what portion should go to which co-owner. #he partition proceedings shall not • prejudice, defeat, or destroy the right or title of any person claiming the real estate involved in the action by title under any other person, or by title paramount to the title of the parties among whom the partition may have been made. A)!&L* 472. )he creditors or assignees of the coowners may ta-e part in the division of the thing owned in common and object to its being effected without their concurrence. 'ut they cannot impugn any partition already eecuted, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. (49%

#he law does not distinguish the kinds of creditors who are given rights under this article. Hhat is indispensable is that they became creditors during the co-ownership* hence those who became creditors before the formation of the co-ownership or after the agreement of partition, cannot be considered as within the scope of this article.


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"ssignee – transferee of part of the interest of the co-owner under this article, the assignee referred – to is that one to whom there has been no delivery of the interests assigned to him, and therefore has only a personal right against the assignor. #he right of the creditors and assignees of coowners to take part in the division of the thing owned in common presupposes the duty of those asking for division to notify such creditors and assignees. 1f the notice is not given, the division is not binding on them. A)!&L* 475. ?henever the thing is essentially indivisible and the coowners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. (494

"lthough "rt. 5@>, a thing which cannot be divided because it will become unserviceable cannot be partitioned,this article shows juridical dissolution of the co-ownership over such thing is possible, by adjudication to one of the coowners or by the sale of the thing. A)!&L* 477. )he partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other real rights belonging to them before the division was made. Personal rights pertaining to third persons against the coownership shall also remain in force, notwithstanding the partition. (49+

"ll those who did not intervene in the partition are rd persons with respect to such partition. A)!&L* +99. @pon partition, there shall be a mutual accounting for benefits received and reimbursements for epenses made. Li-ewise, each coowner shall pay for damages caused by reason of his negligence or fraud. (n

A)!&L* +91. *very coowner shall, after partition, be liable for defects of title and 6uality of the portion assigned to each of the other coowners. (n

9eciprocal warranty exist with respect to the title and defects of the property

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TITLE / POSSESSION CHAPTER . POSSESSION AND THE )INDS THEREOF A)!&L* +#%. Possession is the holding of a thing or the enjoyment of a right. (4%9a

Possession holding of a thing or right, whether by • material occupation or by the fact that the thing or the right is subjected to the action of our will. always include the idea of occupation • detention or enjoyment of a thing or • right which a man holds or exercises by himself or by another who keeps or exercises it in his name. :lements • ➢ occupancy, apprehension or taking to possess animus ➢ intent possidendi! degrees of possession • holding without title ➢ mere whatsoever,and in violation of the right of the owner ➢ possession with juridical title, but not that or ownership ➢ possession with a just title, or a title sufficient to transfer ownership, but not from the true owner ➢ possession with a just title from the true owner. )lasses of possession • ➢ concept of owner or concept of holder by oneself or ➢ possession possession in the name of another in good faith and ➢ possession possession in bad faith. #he distinction between natural and civil • possession has been abolished A)!&L* +#4. Possession may be eercised in oneDs own name or in that of another. (41%a

Possession in nothers n(e may either be necessary or voluntary • this person merely acts in the name of • another, and is a mere instrumentality in the exercise of the latterJs possession.


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/ne who is exercising the possession of another is not really in possession

A)!&L* +#+. )he 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 -eep or enjoy it, the ownership pertaining to another person. (4%#

Possession o! hol&er acknowledges in another a superior • right which he believes to be ownership, whether his belief be right or wrong. 0oes not assert ownership in himself • over the thing it is thus possible that a person may • exercise ownership in concept of holder, and another possession as owner. e.g. tenant, usufructuary, depository, • bailee in commodatum Possession in "on"ept o! oner may be the owner himself or one who • claims to be so. Con"ept – opinion of others or belief of others. E!!e"ts o! possession in "on"ept o! oner' ripen to ownership by the lapse of time • necessary for prescription possessor can bring all action • necessary to protect his possession ask for inscription of his property in the • registry of property can demand fruits and damages from • one who unlawfully deprived him of it. )an do on the thing possessed • everything that the law authorizes an owner to do. A)!&L* +#0. Ge is deemed a possessor in good faith who is not aware that there eists in his title or mode of ac6uisition any flaw which invalidates it. Ge is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. $ista-e upon a doubtful or difficult 6uestion of law may be the basis of good faith. (4%%a

•

• •

•

•

•

Possession in %& !ith one in possession of property knowing • that his title thereto is defective only the personal knowledge of the flaw • in one title or mode of acquisition can make him a possessor in bad faith, for bad faith is not transmissible from one person to another, not even an heir. )an a possessor in bad faith have possession in a concept of an ownerE "GG19;"#1K:. "s long as the possessor presents himself as owner* bad faith is a matter of opinion of others, not the possessor himself. ;istake upon a doubtful or difficult question of law provided that such ignorance is not gross and therefor inexcusable may be the basis of good faith. Masilag vs 9odriguez! A)!&L* +#2. Bood faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (4%4

• •

Possessor in goo& !ith unaware that there exist a flaw which • invalidates his acquisition of the thing.

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)onsists in honest intention to abstain from taking any unconscious advantage of another, the opposite of fraud a state of mind that can only be proven by outward acts and proven conduct. 1mplies a freedom from knowledge and circumstance which ought to put a person in inquiry. #he belief of the possessor that he is the legal owner of the thing must be based upon some title or mode of acquisition such as sale, donation, inheritance, etc, for without this, there can be no real well-grounded belief of oneJs ownership. 3ood faith is always presumed and he who alleges bad faith on the part of the possessor has the burden of proving his allegation. :rror in the application of law may properly serve as a basis of good faith.

#he presumption is only juris tantum. #his presumption is only just because possession is the outward sign of ownership.


•

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(nless such proof of bad faith is presented, the possessor will be held in good faith. ?o long as the possessor is not actually aware of any defect invalidating his title or mode of acquisition, or any of the fact or circumstance which would put a prudent man upon his guard, or require him to discover the flaw in his transferorJs title, so long will he be deemed possessor in good faith.

A)!&L* +#5. Possession ac6uired in good faith does not lose this character ecept in the case and from the moment facts eist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. (4%+a

4ossession in good faith cease from the moment defects in the title are made known to the possessor, by extraneous evidence or by a suit for recovery of the property by the true owner.

Ho is possession "#$ire& Mteril o""$ption • ◦ means of acquiring possession of the thing, but not of right. ◦ possession by a fact ◦ constructive delivery ▪ may be considered equivalent to material occupation in those cases where such occupation is essential to the acquisition of possession. s$%+e"tion to o$r ill • ◦ refers more to right of possession than the possession as a fact. ◦ ;ust be according to law constructive possession or proper legal • acts or formalities ◦ juridical acts or acquisition of possession by sufficient title, inter vivos or mortis causa, onerous or lucrative. ◦ "cts which the law gives the force of acts of possession

1f there are no other facts from which the interruption of good faith may be determined, and an action is filed to recover possession, good faith ceases from the date of the summons to appear at the trial. 1f the date of the summon does not appear, that of the answer will be adopted.

Ele(ents o! "#$isition o! possession+ corpus • ◦ material holding of the thing animus • ◦ intent to possess he thing

:xception+ accion reivindicatoria

there is no possession if the holder does not want or intent to exercise the right of the possessor.

A)!&L* +#7. !t is presumed that possession continues to be enjoyed in the same character in which it was ac6uired, until the contrary is proved. (4%0 A)!&L* +%9.
CHAPTER 1 A"#$isition o! Possession A)!&L* +%1. Possession is ac6uired by the material occupation of a thing or the eercise 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 ac6uiring such right. (4%5a

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A)!&L* +%#. Possession may be ac6uired 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 ac6uired until the person in whose name the act of possession was eecuted has ratified the same, without prejudice to the juridical conse6uences of negotiorum gestio in a proper case. (4%7a

Ele(ents o! personl "#$isition capacity to acquire possession • intent to possess • possibility to acquire possession object • must be capable of being possessed!


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"#$isition thro$gh nother representative or agent has the • intention to acquire the thing for another,and not for himself authority or capacity to possess for • another that the principal for whom the thing is • acquired has the intention of possessing such thing or exercising such right. A)!&L* +%%. )he 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.
Do interruption possession.

on

the

transmission

of

9eiteration of the rule in "rt. <<<, D)) succession takes effect upon the death of the predecessor.! 7tacking of possession8 +6 ratio of bad faith and good faith 6A years – ordinary prescription A years – for bad faith A)!&L* +%4.
9eason+ %ad faith is personal and intransmissible. 1ts effects must therefore be suffered only by the person who acted in bad faith. 'is heir should not be saddled with such consequences. /n the other hand, good faith can benefit only the person who has it* and the good faith of the heir cannot erase the effects of the bad faith of his predecessor. A)!&L* +%+. $inors and incapacitated persons may ac6uire the possession of things" but they need the assistance of their legal representatives in order to eercise the rights which from the possession arise in

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their favor. (44%

"rticle refers only to possession of things and not possession of rights refers principally to acquisition of possession by material occupation. A)!&L* +%0. !n no case may possession be ac6uired through force or intimidation as long as there is a possessor who objects thereto. Ge who believes that he has an action or a right to deprive another of the holding of a thing, must invo-e the aid of the competent court, if the holder should refuse to deliver the thing. (441a

/ne should not take the law in their own hands. 0octrine of self-help applicable if the one being deprived of possession is still in actual possession thereof. A)!&L* +%2. Acts merely tolerated, and those eecuted clandestinely and without the -nowledge of the possessor of a thing, or by violence, do not affect possession. (444

"ts (erely tolerte& those acts which by reason of • neighborliness or familiarity, the owner of the property merely allows another person to do on the property. #here is a tacit consent to the acts • which are merely tolerated. Cln&estine n& $nBnon "ts' possession which is not public • unknown to the owner • "ts o! *iolen"e+ one forcibly takes away the property • from another one occupied the property in the • absence of another and repels the latter upon his return may be actual of threatened force • these do not prejudice the rights of a • real possessor. A)!&L* +%5. Possession as a fact cannot be recognied at the same time in two different personalities ecept in the cases of copossession. /hould a 6uestion arise regarding the fact of


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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 e6ual, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (44+

#itle refers to a document andQor a right. $s possi&en&i

$s possessionis

9ight #/ possess

9ight /G possession

1ncidental ownership

to 1ndependent ownership

of

CHAPTER 2 E!!e"ts o! Possession A)!&L* +%7. *very 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 ules of &ourt. 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. )he court shall decide the motion within thirty (%9 days from the filing thereof. (440a

#he phrase 7every possessor8 indicates that all kinds of possession should be respected by the means established by the laws of procedure. Reson+ spoliation is a positive attempt against public order and must instantly be suppressed without regard to the title held by the injured party, in order to avoid disturbance in the community and prevent anyone from taking the administration of justice in his own hands. Re(e&ies to restore possession' action of forcible entry under 9ule
"#vd$

'

◦

◦

forcible entry cases – filed within 6A days from the time he complaint for forcible entry is filed in unlawful detainer cases – filed within 6A days from the perfection of appeal

A)!&L* +49.
#o consolidate title by prescription, the possession must be under claim of ownership, and it must be peaceful, public, and uninterrupted. =enerl r$le+ prescription does not run in favor of one who holds in trust for another. E-"eption+ repudiation made known to the cestui 6ue trust A)!&L* +41. 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. (445a

#his article is a confirmation of the doctrine that possession is presumed ownership, unless the contrary is proved. Pres$(ption tht possessor hs +$st title one must be in possession • the possession must be in the concept • of an owner Bin&s o! +$st title' true and valid title • colorable title • Iust title means that which is legally sufficient to transfer the ownership or the real right to which it relates. A)!&L* +4#. )he possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be ecluded. (447

#he article covers all kinds of possession, but refers only to things, not to righst. A)!&L* +4%. *ach one of the participants of a thing possessed in common shall be deemed to have eclusively possessed the part which may be allotted


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to him upon the division thereof, for the entire period during which the copossession lasted. !nterruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. Gowever, in case of civil interruption, the ules of &ourt shall apply. (4+9a A)!&L* +44. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. Fatural and industrial fruits are considered received from the time they are gathered or severed. &ivil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (4+1

Resons !or pro*ision' the fruits received are generally used • for the consumption and livelihood of the possessor, and his life and expenses may have been regulated in view of such fruits the owner has been negligent in not • discovering or contesting the possession of the possessor between the owner, who has • abandoned the property and left it unproductive, and the possessor who has contributed to the social wealth by the fruits he has produced, the law leans toward the latter. #he law limits the right of the possessor in good faith to the fruits of the thing. #he legal interruption of possession in good faith takes place when the action is filed against the possessor. A)!&L* +4+. !f 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 epenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession. )he charges shall be divided on the same basis by the two possessors. )he 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 epenses 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. (4+#a

"#vd$

'-

Ol& Co&e' #here is no proportionate division of the expenses of production. #he expenses incurred by the possessor in good faith, and those incurred by the owner in continuing the cultivation and in gathering the fruits, were added together, and then deducted from the total proceeds of the ungathered fruits. /nly the net proceeds was divided in proportion to the length of their respective possessions. Ne Co&e' #he possessor shall have the right to a part of the expenses of cultivation, and to a part of the bet harvest, both in proportion to the time of the possession. 'e who receives the fruits must bear the corresponding expenses of their production. Chrges incurred because of the thing • are borne by the two possessors in • proportion to their respective possession. Hhen the fruits are not sufficient to cover the cultivation expenses that have been incurred, there is no net proceeds to be divided between the possessor in good faith and the owner. #here should only be reimbursement of expenses* but each possessor should suffer a proportionate reduction due to the insufficiency of the harvest. A)!&L* +40. Fecessary epenses shall be refunded to every possessor" but only the possessor in good faith may retain the thing until he has been reimbursed therefor. @seful epenses 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 epenses or of paying the increase in value which the thing may have ac6uired by reason thereof. (4+%a

Ne"essry e-penses imposed by the existence of the thing • itself, and have no relation to the desire or purpose of the possessor* hence


•

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they are reimbursed, whatever may be the juridical character of the person who advanced them. 1ncurred in the preservation of the thing

>se!$l e-penses

L$-$ries

1ncrease the income ;erely embellish the from the thing thing 9esults in improvements

#he expenses must be repaid to the possessor, irrespective of good or bad faith* but only the possessor in good faith is entitled to retain the thing until he is reimbursed. >se!$l e-penses incurred to give greater utility or • productivity to the thing reimbursed only to the possessor in • good faith as a compensation or reward for him. #he surrender of possession of the property by the possessor in good faith amounts to a waiver of right of retention* but the claim for the expenses is not thereby renounced. A)!&L* +42. !f 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 eercises the option under paragraph # of the preceding article. (n

1f the possessor is in bad faith, he cannot remove the useful improvements, even if he can do so without injury to the principal thing. 0amage – substantial one that reduces the value of the property, thus a slight injury curable by an ordinary repair does not defeat the right of removal. A)!&L* +45. *penses for pure luury 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 epended. (4+4

E-penses !or l$-$ry do not affect the existence or the • substance of the thing itself but only the comfort, convenience, or enjoyment of the possessor. not subject to reimbursement, because • the law does not compensate personal whims and caprices.

"#vd$

.

1ncrease product

in

the Gor the convenience of definite possessors

9esulting utility is essential and absolute to those who may have the thing

(tility is for the possessor or particular persons alone and is therefore accidental

Hith respect to expenses for luxury, both the possessors in good faith and that in bad faith can remove the improvements upon which they were made if the principal thing will suffer no injury and the owner does not prefer to retain them upon payment of the proper indemnity. In+$ry – anything that reduces the value of the thing A)!&L* +47. )he 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 epenses mentioned in paragraph 1 of article +40 and in article 44%. )he epenses incurred in improvements for pure luury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such epenses 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. (44+a

4ossessor in bad faith has no right to receive any fruits. #he possessor in bad faith is liable only for the fruits corresponding to his period of possession* he cannot be held liable for the fruits received by those who preceded him. #he charges paid by the possessor in bad faith should be deducted from the value of the fruits he has to return or pay.


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Rights o!  possessor s to

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. (4+2a

NECESSARY EPENSES =oo& !ith • •

0& !ith

9efund retain premises till paid

•

1s the possessor liable for loss or deterioration of the property during the time of the possessionE

9efund

>SEF>L EPENSES • • •

9eimbursement retention removal

•

Do right at all

L>>RIES or ORNAMENTAL EPENSES •

/ption to remove or retain for himself the ornament by refunding the amount spent

/ption to remove retain for himself the ornament by refunding the value it has at the time the owner enters into possession.

FR>ITS •

•

3athered or severed or harvested fruits are his own pending or ungathered fruits are pro-rated between the possessor and owner of expenses, net harvest, and charges

3athered fruits – must return the value of the fruits already received which the owner or legitimate possessor could have received, minus necessary expenses pending or ungathered fruits – no rights at all

A)!&L* ++9. )he costs of litigation over the property shall be borne by every possessor. (n A)!&L* ++1. !mprovements caused by nature or time shall always inure to the benefit of the person who has succeeded in recovering possession. (4+0

1mprovement includes all the natural accessions and all those which do not depend upon the will of the possessor. A)!&L* ++#. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, ecept in cases in which it is proved that he has acted with fraudulent intent or negligence, after

"#vd$

%

In goo& !ith

In %& !ith

Initilly in goo& !ith

Do

yes

2iable only in case of fraud and negligence after judicial summons

A)!&L* ++%.
A%n&on(ent includes not just the giving up by owner, • but also includes the giving up of possession, and not necessarily of ownership by every possessor. /pposite of occupation • voluntary renunciation of all the rights • which a person may have in a thing, with the intent to lose such thing. requisites+ • ◦ ;ust be made by a possessor in the concept of an owner ◦ the abandoner must have the capacity to renounce or alienate

Civil Code, Book II Property (Tolentino & Para! ◦ ◦

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there must be a physical relinquishment of the thing or object there must be no more expectation to recover

A)!&L* ++0. )he 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 -now their whereabouts. (401

)ontrol • juridical control or right* that the thing remains in oneJs patrimony A)!&L* ++2. )he possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, ecept in accordance with the provisions of the $ortgage Law and the Land egistration laws. (40#a A)!&L* ++5. Acts relating to possession, eecuted or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or -eep it, in any character, do not bind or prejudice the owner, unless he gave said holder epress authority to do such acts, or ratifies them subse6uently. (40% A)!&L* ++7. )he possession of movable property ac6uired in good faith is e6uivalent to a title. Fevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same. !f the possessor of a movable lost or which the owner has been unlawfully deprived, has ac6uired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. (404a

=enerl r$le+ #he possession of movable property acquired in good faith is equivalent to a title. E-"eptions' when the owner has lost the thing • when the owner has been unlawfully • deprived thereof e-"eption to the e-"eptions+ when the possessor acquired it in a public sale. 2 theories $pon hi"h the r$le in Art@ 66: is %se&' that the title of the possessor is not that • of ownership, but is merely a presumptive title sufficient to serve as basis for acquisitive prescription

"#vd$



•

•

the law creates a conclusive presumption of ownership in favor of the possessor the law gives to possession in good faith the effect of transmission of ownership* that such possession is a mode of acquiring ownership of movables because the modes enumerated in "rt. <6 are not exclusive.

Re#$isites !or title' that the possession is in good faith • that the owner has voluntarily parted • with the possession of the thing that the possessor is in concept of • owner. 7(nlawfully deprived8 )ode+ • ◦ extends to all cases where there has been no valid transmission of ownership, including the case where the proprietor has entrusted the thing to a borrower, depositary, or lessee who has sold the same. #olentino • ◦ limited to unlawful taking, such as theft, robbery, and should not include disposition through the abuse of confidence A)!&L* +09. ?ild animals are possessed only while they are under oneDs control" domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor. (40+

kinds of animals+ wild • ◦ live naturally independent of man domesticated • ◦ wild by nature but have become accustomed to recognize the authority of man domestic or tame • ◦ born and reared ordinarily under the control of man, and do not become res nullius unless they are abandoned


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Hhen animals recover their natural freedom, they cease to be under possession. A)!&L* +01.
;anner of recovery must be according to law TITLE /I >S>FR>CT CHAPTER . >S>FR>CT IN =ENERAL A)!&L* +0#. @sufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (402

>s$!r$"t real right, temporary nature, which • authorizes its holder to enjoy all the benefits which results from the normal enjoyment of anotherJs property, with the obligation to return, at the designated time, either the same thing or, in special cases, its equivalent 0e %uen! includes both the jus utendi and jus • fruendi usufructuary bound to preserve the form • and substance of the thing in usufruct abnormal usufruct • ◦ the alteration of the thing is allowed may be created over any property, even • right as long as it has its own independent existence )haracteristics+ • ◦ 9eal right ◦ of temporary duration ◦ #o derive all advantages from the thing due to normal exploitation ◦ may be constituted on real or personal property, consumable or non-consumable, tangible or intangible, the ownership of which is vested in another ◦ transmissible

"#vd$

'

For($le' D/O(NG/ • G/-(ND/ • G/-D/N( • 7egend4 @ H usufruct F< H na-ed ownership 3
>s$!r$"t

Lese

6. "lways a real right

6.3enerally a personal right, it becomes real right if it is registered or it is for a period of more than 6 year.

. 4erson creating the usufruct should be the owner or his duly authorized agent

. 2essor may not be the owner

. ;ay be created by law, by contract, by will of the testator, or by prescription

.3enerally by contract

5. "s a rule, usufruct covers all the fruits and all the uses and benefits of the entire property

5.2ease generally refers to uses only

>. 1nvolves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct

>. 2ease involves a more active owner or lessor who makes the lessee to enjoy

=. 4ays for ordinary repairs and taxes on the fruits

=.2essee is not generally under obligation to undertake repairs or pay taxes

created

=enerl R$le+ (sufructuary is bound to preserve the form and substance of the thing in usufruct. E-"eption' "bnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing.

Civil Code, Book II Property (Tolentino & Para! >s$!r$"t

AUF School of Law •

Ese(ent

/bject may be real or 1nvolves personal property property

only

real •

"ll uses and fruits of 2imited to a particular the property may be use enjoyed

•

)annot be constituted ;ay be constituted in on an easement* but it favor of may be constituted on the land burdened by an easement

•

(sually extinguished Dot extinguished by by death of the death of the owner usufructuary of the dominant estate %oth are real rights whether registered or not %oth may be registered provided that the usufruct involves real property %ith may be ordinarily be alienated or transmitted in accordance with the formalities of law

• •

multiple ◦ simultaneous ◦ successive pure conditional with a term usufruct of things usufruct of rights

A)!&L* +0+. )he rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct" in default of such title, or in case it is deficient, the provisions contained in the two following &hapters shall be observed. (429

#he rights and duties of the usufructuary provided by law may be modified or eliminated by the parties. #he title constituting the usufruct may validly authorize the usufructuary to alienate the thing itself held in usufruct. CHAPTER 1 RI=HTS OF THE >S>FR>CT>ARY

A)!&L* +0%. @sufruct is constituted by law, by the will of private persons epressed in acts inter vivos or in a last will and testament, and by prescription. (405

)in&s o! $s$!r$"t' legal • voluntary • ◦ mortis causa ◦ inter vivos mixed or prescription •

Rights o! >s$!r$"t$ry right to enjoy • right to the fruits •

to constitute a valid usufruct, all the requirements of the law must be complied with. A)!&L* +04. @sufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. !t may also be constituted on a right, provided it is not strictly personal or intransmissible. (407

Other "lssi!i"tions' total • partial • simple •

"#vd$

A)!&L* +00. )he usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. ?ith respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger. (421



usufructuary rights may be transferred, assigned or otherwise disposed of by the usufructuary #he owner, during the usufruct, can exercise all the rights of ownership consistent with the enjoyment of the thing by the usufructuary. %ut none of these affect the rights of the usufructuary. A)!&L* +02. Fatural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. acd )hose growing at the time the usufruct terminates, belong to the owner. !n the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any epenses incurred" but the owner


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shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary epenses of cultivation, for seed, and other similar epenses incurred by the usufructuary. )he provisions of this article shall not prejudice the rights of third persons, ac6uired either at the beginning or at the termination of the usufruct. (42#

Gruits already matured at the time of the termination of the usufruct, which ordinarily would have already been gathered by the usufructuary, may remain ungathered for no fault imputable to him. 1n such cases, the fruits should be considered as belonging to the usufructuary, pursuant to general rule of law as suppletory to the provisions of the )ode. A)!&L* +05. !f the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should epire before the termination of the lease, he or his heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee. (42%

2ease executed by the owner before the creation of the usufruct is not extinguished by such usufruct. #he usufructuary has the right to choose who will be the tenant during the term of the usufructuary. A)!&L* +07. &ivil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last. (424.

1f the usufructuary leased the property to others, he is entitled to the the rents only up to the time of the expiration of the usufruct. A)!&L* +29. ?henever a usufruct is constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right. ?henever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fied, such benefits shall have the same character. !n either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. (42+

"#vd$

)

A)!&L* +21. )he usufructuary shall have the right to enjoy any increase which the thing in usufruct may ac6uire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. (427 A)!&L* +2#. )he usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title" but all the contracts he may enter into as such usufructuary shall terminate upon the epiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year. (459

#he transfer or lease of the usufruct does not terminate the relation of the usufructuary with the owner. #he usufructuary will be liable to the owner for damages caused by the fault or negligence of the transferee or the lessee. #he usufruct does not terminate upon the death of the transferee but terminates upon the death of the usufructuary who has made the transfer. #he usufructuary, not being the owner, cannot alienate the or dispose of the objects included in the usufruct. Instn"es hen $s$!r$"t$ry is "on*erte& to onership+ when the things are consumable • when the things by nature are intended • for sale when the things whatever their nature • may be, were delivered under appraisal as equivalent to their sale* but this does not refer to obligatory routine appraisal of movables Sle o! !$t$re "rop %y the $s$!r$"t' if valid • ◦ owner is entitled to receive the price from the vendee ◦ if already paid to the usufructuary, he or his estate must deliver it to the owner if void as to the owner! • ◦ may be ratified by the owner ◦ vendee can recover from the usufructuary the amount he has paid.


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/nly voluntary usufructs can be alienated because legal usufructs are created by law particular person in view of certain relations and therefore cannot be enjoyed by others who do not have such relations. A)!&L* +2%. ?henever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to ma-e use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct ecept in their condition at that time" but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. (451

#he law renders the usufructuary liable only when he causes deterioration by his fraud or negligence. A)!&L* +24. ?henever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to ma-e use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. !n case they were not appraised, he shall have the right to return the same 6uantity and 6uality, or pay their current price at the time the usufruct ceases. (45#

4$si<$s$!r$"t converted into simple loan • usufruct over consumables • 1f the consumable has been appraised before the institution of the usufruct, it is better for the usufructuary, because+ there is a chance that the price will be • more higher the usufructuary do not have the • obligation to look for a thing with similar quality and quantity. why does the )ivil )ode allows usufruct over movable things if generally, in usufruct the usufructuary is expected to preserve the thing and not to alter themE 1nstances of simple loan. Iust so there is a provision that will govern the same. A)!&L* +2+. )he usufructuary of fruitbearing trees and shrubs may ma-e use of the dead trun-s,

"#vd$

*

and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. (45%a A)!&L* +20. !f in conse6uence of a calamity or etraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trun-s at the disposal of the owner, and demand that the latter remove them and clear the land. (454a A)!&L* +22. )he usufructuary of woodland may enjoy all the benefits which it may produce according to its nature. !f the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. !n any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. !n nurseries, the usufructuary may ma-e the necessary thinnings in order that the remaining trees may properly grow. ?ith the eception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the wor-. (45+ A)!&L* +25. )he usufructuary of an action to recover real property or a real right, or any movable property, has the right to bring the action and to oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have. !f in conse6uence of the enforcement of the action he ac6uires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner. (450 A)!&L* +27. )he usufructuary may ma-e on the property held in usufruct such useful improvements or epenses for mere pleasure as he may deem proper, provided he does not alter its form or substance" but he shall have no right to be indemnified therefor. Ge may, however, remove such improvements, should it be possible to do so without damage to the property. (452

Hhenever the usufructuary can remove the improvements without injury to the property in usufruct, he has a right to do so, and the owner cannot prevent him from doing so even upon payment of their value.


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1f the usufructuary does not wish to exercise it, he cannot be compelled by the owner to remove the improvements. #he right of the usufructuary to remove the improvements can be enforced only against the owner, but not against a purchaser in good faith to whom a clean title has been issued.

#he right of the usufructuary is not affected by the division of the property in usufruct among the co-owners.

)oconut land is not woodland.

rights of a usufructuary limited right of removal • set-off the improvements • damages

A)!&L* +59. )he usufructuary may set off the improvements he may have made on the property against any damage to the same. (455

9efers to compensation of values, and not of rights and obligations. 1t is necesarry that the improvements should have increased the value of the property and that the damage are imputable to the usufructuary. #he increase in value and the amount of damage are set-off against each other* if the damage exceed the increase in • value, the difference should be paid by the usufructuary as indemnity. 1f the increase in value exceeds the • damages, ◦ and the improvements are of such nature that they can be removed without injury to the thing, the settlement of the difference must be agreed upon by the parties. ◦ 1f the improvements are of such nature that they cannot be removed without injury, the excess in value accrues to the owner. A)!&L* +51. )he owner of property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything thereon which may be prejudicial to the usufructuary. (457 A)!&L* +5#. )he usufructuary of a part of a thing held in common shall eercise all the rights pertaining to the owner thereof with respect to the administration and the collection of fruits or interest. /hould the co ownership cease by reason of the division of the thing held in common, the usufruct of the part allotted to the coowner shall belong to the usufructuary. (479

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+

Fr$its *s@ pro&$"ts products – diminishes the substance of the thing. i.e. mines, stones and rocks

with

the

the option is given to the usufructuary and the owner do not have a right to compel the usufructuary to do any act. CHAPTER 2 O0LI=ATIONS OF THE >S>FR>CT>ARY A)!&L* +5%. )he usufructuary, before entering upon the enjoyment of the property, is obliged: (1 )o ma-e, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables" (# )o give security, binding himself to fulfill the obligations imposed upon him in accordance with this &hapter. (471

#hese requirements are not conditions precedent to the commencement of the right of the usufructuary, but merely to the entry of possession and enjoyment of the property.

In*entory #he expenses for the making of the • inventory are borne by the usufructuary, because it is his obligation to make the inventory, and it is a prerequisite to his entry upon the enjoyment of the property. 1t may be in a private document, • because nothing is provided by law as to its form. =i*ing o! Se"$rity the security is for the fulfillment of all • obligations imposed upon him as such usufructuary


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may be personal bond, a pledge, or a mortgage

A)!&L* +54. )he provisions of Fo. # of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their childrenDs property, ecept when the parents contract a second marriage. (47#a A)!&L* +5+. )he usufructuary, whatever may be the title of the usufruct, may be ecused from the obligation of ma-ing an inventory or of giving security, when no one will be injured thereby. (47%

E-e(ptions to o%ligtions in Art@ 692 where the owner waives the giving of a • security or the making of an inventory where the title constituting the usufruct • exempts the usufructuary from any or both of these obligations where the usufructuary asks to be • relieved from these obligations,and no one will be injured by such exemption e!!e"t o! !il$re to (Be in*entory+ • a prima facie presumption arises that the property was received by the usufructuary in good condition. A)!&L* +50. /hould the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a ban- or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. )he interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary. 3urthermore, the owner may, if he so prefers, until the usufructuary gives security or is ecused from so doing, retain in his possession the property in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration. (474

#he provision grants a potestative right to the naked owner and if he wishes not to exercise it, he may deliver the property to the usufructuary. 0elivery of the property cannot be interpreted

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as a renunciation of the right to demand security. A)!&L* +52. !f the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case. )he same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. !f the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. (47+

Caucion $uratoria sworn undertaking* exception to the • obligation of the usufructuary to give security. a verified petition in the proper court • asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. takes an oath to take care of the o things and restore them property cannot be alienated or o encumbered or leased because this would mean that the usufructuary does not need it. A)!&L* +55. After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in accordance with the title constituting the usufruct, he should have commenced to receive them. (470

(pon giving of security, the usufruct will be entitled to all the benefits accruing since the time when he should have begun to receive them. ?ecurity has retroactive effect. A)!&L* +57. )he usufructuary shall ta-e care of the things given in usufruct as a good father of a family. (472 A)!&L* +79. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer


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through the fault or negligence of the person who substitutes him. (475 A)!&L* +71. !f the usufruct be constituted on a floc- or herd of livestoc-, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. !f the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. /hould the herd or floc- perish in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved. /hould the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. (477a A)!&L* +7#. )he usufructuary is obliged to ma-e the ordinary repairs needed by the thing given in usufruct. 'y ordinary repairs are understood such as are re6uired by the wear and tear due to the natural use of the thing and are indispensable for its preservation. /hould the usufructuary fail to ma-e them after demand by the owner, the latter may ma-e them at the epense of the usufructuary. (+99

"ction for damages suffered by the property may be brought by the naked owner even while the usufruct is in effect. Re#$isites !or Or&inry Repirs' • that the deteriorations or defects arise from the natural use of the thing the defects are necessary for the • preservation of the thing. #he usufructuary is bound to pay only for the repairs made during the existence of the usufruct Hhen the ordinary repairs are due to defects caused by the fault of the usufructuary he cannot exempt himself from liability by renouncing the usufruct. 1f the defects existing before the renunciation are occasioned by the ordinary use of the thing, the usufructuary may exempt himself form making the repairs by returning to the owner, the fruits received during the time that the defects took place.

"#vd$

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"ll the defects arising after the renunciation must be repaired at the expense of the owner. A)!&L* +7%. *traordinary repairs shall be at the epense of the owner. )he usufructuary is obliged to notify the owner when the need for such repairs is urgent. (+91 A)!&L* +74. !f the owner should ma-e the etraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount epended for the time that the usufruct lasts. /hould he not ma-e them when they are indispensable for the preservation of the thing, the usufructuary may ma-e them" but he shall have a right to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have ac6uired by reason of the repairs. (+9#a

E-tror&inry repirs' expenses are borne by the owner but • the usufructuary cannot compel him to make such repairs optional for the usufructuary to make • such repairs or not the usufructuary is required to give • notice to the owner if the need for the repir is $rgent Minds • by exceptional ◦ caused circumstances H/D they are necessary for the preservation of the thing ◦ those caused by the natural use of the thing, but are necessary for its preservation difference between the value of the • tenement when the repairs become necessary and its value after such repairs have been completed is the amount of increase that the owner should pay in case the usufructuary paid for the extraordinary repairs. A)!&L* +7+. )he owner may construct any wor-s and ma-e any improvements of which the immovable in usufruct is susceptible, or ma-e new plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary. (+9%

"ny advantage or increase in the use of enjoyment of the thing introduced by the owner


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will inure to the benefit of the usufructuary. #he usufructuary is not bound to pay interest on the investment of the owner. A)!&L* +70. )he payment of annual charges and taes and of those considered as a lien on the fruits, shall be at the epense of the usufructuary for all the time that the usufruct lasts. (+94

?uch annual charges and taxes are to be paid by the usufructuary only when they can be considered as a lien upon the fruits. - ?anchez 9oman )harges for the first and last years of the usufruct are not borne by the usufructuary but must be divided between him and the owner in the same manner as civil fruits, that is in proportion to the periods of possession. A)!&L* +72. )he taes which, during the usufruct, may be imposed directly on the capital, shall be at the epense of the owner. !f the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character" and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct. (+9+

2and tax is a burned upon the capital, that is upon the real value of the property and should be paid by the owner. A)!&L* +75. !f the usufruct be constituted on the whole of a patrimony, and if at the time of its constitution the owner has debts, the provisions of articles 2+5 and 2+7 relating to donations shall be applied, both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. )he same rule shall be applied in case the owner is obliged, at the time the usufruct is constituted, to ma-e periodical payments, even if there should be no -nown capital. (+90 A)!&L* +77. )he usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. !f he has been ecused from giving security or has not been able to give it, or if that given is not sufficient, he shall need the authoriation of the owner, or of the court in default thereof, to collect such credits. )he usufructuary who has given security may use the capital he has collected in any manner he may deem

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).

proper. )he usufructuary who has not given security shall invest the said capital at interest upon agreement with the owner" in default of such agreement, with judicial authoriation" and, in every case, with security sufficient to preserve the integrity of the capital in usufruct. (+92 A)!&L* 099. )he usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. /hould the immovable be attached or sold judicially for the payment of the debt, the owner shall be liable to the usufructuary for whatever the latter may lose by reason thereof. (+97

Hhen the usufruct is constituted over all the property of the owner by act inter vivos, and some tenements are mortgaged, the usufructuary is bound to pay for such mortgage only in the cases mentioned in "rticle >@F* namely, when there is an express stipulation to that effect, or when the usufruct was created in fraud of creditors. A)!&L* 091. )he usufructuary shall be obliged to notify the owner of any act of a third person, of which he may have -nowledge, that may be prejudicial to the rights of ownership, and he shall be liable should he not do so, for damages, as if they had been caused through his own fault. (+11 A)!&L* 09#. )he epenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. (+1#

#he expenses of suits in connection with the possession, use and enjoyment of the things are generally borne by the usufructuary, because they affect his own rights as usufructuary. CHAPTER 3 ETIN=>ISHMENT OF >S>FR>CT>ARY A)!&L* 09%. @sufruct is etinguished: (1 'y the death of the usufructuary, unless a contrary intention clearly appears" (# 'y the epiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the usufruct" (% 'y merger of the usufruct and ownership in the same person" (4 'y renunciation of the usufructuary" (+ 'y the total loss of the thing in usufruct" (0 'y the termination of the right of the person constituting the usufruct" (2 'y prescription. (+1%a


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:ffect of death of the usufructuary when a period or resolutory condition is stipulated+ N*rro, A(n&i, Sn"heG Ro(n, S$pre(e Co$rt' #he usufruct cannot be extended • beyond the lifetime of the usufructuary, because of the personal character of the juridical relation. Tolentino, S"e*ol n& /l*er&e+ the usufruct will not be extinguished • only when it is expressly stipulated that it shall continue even after such death until the expiration of the period or the happening of the condition agreed upon. %ut when there is no such saving clause, death will extinguish the usufruct. Mnres+ (sufruct subsists and is transmitted to • the heirs of the usufructuary because the will of the parties must be respected. 1n the computation of period of usufruct, the time during which the usufructuary has not enjoyed the time because of ignorance, dispossession by others, or any other cause, shall be counted against him. ;erger naked ownership and the usufruct come • to be held by the same person

(sufruct in favor of :ntities+ ?ec. 66, )rporatio )ode, >A years are • allowed for the existence of a private corporation* in the case of towns or municipal corporations, a period longer than >A years may militate against the public policy which prohibits the perpetual entailment of property. A)!&L* 090. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period epires, unless such usufruct has been epressly granted only in consideration of the eistence of such person. (+10

A)!&L* 092. !f the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to ma-e use of the land and the materials. )he same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. 'ut in such a case, if the owner should wish to construct another building, he shall have a right to occupy the land and to ma-e use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum e6uivalent to the value of the land and of the materials. (+12

R$les'

Renunciation •

the epiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be etinguished by reason thereof. (+1+a

voluntary surrender of the rights of the usufructuary, made by him with intent to so surrender them.

•

4rescription use by a third person extinguishes the • usufruct A)!&L* 094. !f the thing given in usufruct should be lost only in part, the right shall continue on the remaining part. (+14

A)!&L* 09+. @sufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. !f it has been constituted, and before

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)%

•

usufruct on both building and land but the ' is destroyed in any manner whatsoever before the expiration of the periof of @ary ◦ @ on the ' is ended but the ( on the L continues "rt. =A5! ◦ @ary is still entitled to the use of the land and the use of whatever materials the house remains ◦ if the F< wants to build but the @ary refuses, it is the @ary who prevails for the use of the land is still his for the remainder of the period usufruct of the building alone but the %


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is destroyed before the termination of the period. ◦ @ on the ' ends, but the (ary can still make use of whatever materials of the house remain. ◦ @ary is entitled to the use of the L ◦ but because there is no ( on the L, the F< has preferential right to its use. 7egend4 '  building L  land @  usufruct @ary  usufructuary F< I Fa-ed owner A)!&L* 095. !f the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall, in case of loss, continue in the enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. /hould the usufructuary have refused to contribute to the insurance, the owner insuring the tenement alone, the latter shall receive the full amount of the insurance indemnity in case of loss, saving always the right granted to the usufructuary in the preceding article. (+15a

Hhne the usufructuary refuses to share in the payment of the insurance, and the owner insures alone, the latter is entitled to the insurance money. 'e has no obligation to invest it in rebuilding the tenement. A)!&L* 097. /hould the thing in usufruct be epropriated for public use, the owner shall be obliged either to replace it with another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. !f the owner chooses the latter alternative, he shall give security for the payment of the interest. (+17

R$les in "se o! E-proprition' • F< alone was given the indemnity, he has the option+ ◦ to replace with equivalent thing ◦ to pay the the @ary legal interest on the indemnity • if both the F< and @ary were seBarately given the indemnity, each ownes the indemnity given to him, the @ being

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•

totally extinguished @ary alone was given indemnity, he must give it to the F< and compel the latter to return either the interest or to replace the property.

A)!&L* 019. A usufruct is not etinguished by bad use of the thing in usufruct" but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the epenses and the compensation which may be allowed him for its administration. (+#9

#he bad use of thing entitles the owner to demand the delivery and administration of the thing. #o entitle him of this right, the bad use must cause considerable injury, not to the thing, but to the owner. A)!&L* 011. A usufruct constituted in favor of several persons living at the time of its constitution shall not be etinguished until the death of the last survivor. (+#1

A)!&L* 01#. @pon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taes and etraordinary epenses which should be reimbursed. After the delivery has been made, the security or mortgage shall be cancelled. (+##a

9ighst and obligations at the termination of the (sufruct prt o! the >ry • ◦ must return the property to the D/ ◦ (ary must retain the property till he is reimbursed for taxes on the capital remove the removable ◦ to improvements or set them off against damages he has caused. prt o! the NO • cancel the security or ◦ must mortgage ◦ must n case of rural lease, respect leases made by the @ary till the end of the agricultural year


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◦ make reimbursement to the @ary in

the proper cases.

Lese

Gorm of encumbrance 9ightful possession consists in the right to and use without the the limited use of a ownership of it. piece of land without either possession or ownership thereof

TITLE /II EASEMENTS OF SER/IT>DES CHAPTER . EASEMENTS IN =ENERAL Se"tion .@ < Di!!erent )in&s o! Ese(ents A)!&L* 01%. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. )he immovable in favor of which the easement is established is called the dominant estate" that which is subject thereto, the servient estate. (+%9

Ser*it$&e real right • constituted on the corporeal immovable • property of another, by virtue of which the owner of the latter has to refrain from doing or to allow that someone do something on his property, for the benefit of another thing or person. 2imitation of ownership and a restriction • on the enjoyment of oneJs property the encumbrance should not absorb • entirely the usefulness of the servient tenement. :stablished only on immovables • characteristics • ◦ real right ◦ can be imposed only on the property of another. when the dominant and the servient estate belongs to  different owners! ◦ produces a limitation on ownership ▪ allows the dominant owner to enjoy the use of part of the servient tenement ▪ must give some positive enjoyment or benefit to the dominant tenement ◦ inseparable from the tenements to which it is actively or passively attached ◦ can exist only between neighboring tenements.

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Ser*it$&e

)'

A)!&L* 014. /ervitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong. (+%1

Rel Ser*it$&e ? for the benefit of a particular tenement personl ser*it$&e ? for the benefit of persons without dominant tenements does not extend to the successors in • interest of the persons to whom it is granted. A)!&L* 01+. *asements may be continuous or discontinuous, apparent or nonapparent. &ontinuous easements are those the use of which is or may be incessant, without the intervention of any act of man. 8iscontinuous easements are those which are used at intervals and depend upon the acts of man. Apparent easements are those which are made -nown and are continually -ept in view by eternal signs that reveal the use and enjoyment of the same. Fonapparent easements are those which show no eternal indication of their eistence. (+%#

#he difference between continuous and discontinuous servitudes refers only to the exercise of the servitude, but not to the essence, because the servitude exist continuously. 9ight of way – discontinuous because it is used only when man sets foot or passes thereon* positive easement "butment of a dam – anchoring the border of a dam to the banks of the river* continuous easement because there is no need for human intervention needed. :asement of altius non tolendi – not to build beyond a certain height* non-apparent easement


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A)!&L* 010. *asements 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 eist. (+%%

right of aqueduct – positive easement* #olentino+ generally the duty of a servient estate is never positive party wall – positive easement* easement of light  view – negative easement A)!&L* 012. *asements are inseparable from the estate to which they actively or passively belong. (+%4

servitude such as law, donation, contracts,and wills. 6A years acquisitive prescription only for continuous and apparent easements. A)!&L* 0#1. !n order to ac6uire 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 eercise it upon the servient estate" and in negative easements, from the day on which the owner of the dominant estate forbade, by an instrument ac-nowledged before a notary public, the owner of the servient estate, from eecuting an act which would be lawful without the easement. (+%5a

" negative easement is essentially nonapparent and under "rt =, non-apparent easements cannot be acquired by prescription.

:asements are merely accessory to the tenements that is why it cannot be sold separate of the estate.

Dotarial prohibition is necessary prescriptive period to run.

%ecause easements are inherent or inseparable, they are also intransmissible, or cannot be alienated separately from the tenement.

A)!&L* 0##. &ontinuous nonapparent easements, and discontinuous ones, whether apparent or not, may be ac6uired only by virtue of a title. (+%7

A)!&L* 015. *asements are indivisible. !f 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. !f 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 ma-ing it more burdensome in any other way. (+%+

A)!&L* 017. *asements are established either by law or by the will of the owners. )he former are called legal and the latter voluntary easements. (+%0

)ourts cannot create easements.

for

the

#his provision seeks prevent the imposition of a burden on a tenement based purely on the generosity, tolerance, and spirit of neighborliness of the owner thereof. A)!&L* 0#%. )he absence of a document or proof showing the origin of an easement which cannot be ac6uired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. (+49a

#his article refers only to the easement continuous non-apparent • discontinuous easement •

following

Se"tion 1@ < Mo&es o! A"#$iring Ese(ents A)!&L* 0#9. &ontinuous and apparent easements are ac6uired either by virtue of a title or by prescription of ten years. (+%2a

Title – juridical act which gives rise to the

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A)!&L* 0#4. )he eistence 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


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the title of conveyance of either of them, or the sign aforesaid should be removed before the eecution of the deed. )his provision shall also apply in case of the division of a thing owned in common by two or more persons. (+41a

1t is not essential for the application of the rule in this article that there be actually two different tenements. 1t is sufficient that the servitude exists between two portions of the same tenement, and there is subsequent a division of the ownership of the said portions. A)!&L* 0#+. @pon the establishment of an easement, all the rights necessary for its use are considered granted. (+4#

#he dominant owner must have all the rights indispensable to the free use of the easement, otherwise, the easement will not give the utility intended. A)!&L* 0#0. )he owner of the dominant estate cannot use the easement ecept for the benefit of the immovable originally contemplated. Feither can he eercise the easement in any other manner than that previously established. (n

Hhen an easement has been established in a general way, without any specific purpose, it can be used for all the needs of the dominant estate, and may be adopted to any new modification in the tenement itself. Hhen a particular use is specified, "rt. == should apply. 'owever, when the change of use does not make the easement more burdensome, such change can be allowed. "rt. == is a new provision to correct the rule of the ?upreme )ourt in the case of Kalderrama vs Dorth Degros )entral, 5F 4hil. 5F. Se"tion 2@ < Rights n& O%ligtions o! the Oners o! the Do(innt n& Ser*ient Esttes A)!&L* 0#2. )he owner of the dominant estate may ma-e, at his own epense, on the servient estate any wor-s necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome. 3or this purpose he shall notify the owner of the

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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. (+4%a

#he necessity of the works for the use and preservation of the easement is the basis and the determining factor for the extent of such works.

#he works must be executed in the manner least inconvenient to the servient owner, who cannot recover indemnity for the inevitable damages or inconveniences which may be caused thereby. %ut if the work is done badly, the dominant owner will be liable for damages that may be suffered by the servient owner. 1f the dominant owner violates the restrictions imposed by this article, he can be compelled to restore the things to their original condition, and furthermore, to pay indemnity for damages. A)!&L* 0#5. /hould there be several dominant estates, the owners of all of them shall be obliged to contribute to the epenses referred to in the preceding article, in proportion to the benefits which each may derive from the wor-. Any one who does not wish to contribute may eempt himself by renouncing the easement for the benefit of the others. !f the owner of the servient estate should ma-e use of the easement in any manner whatsoever, he shall also be obliged to contribute to the epenses in the proportion stated, saving an agreement to the contrary. (+44

1n the absence of proof of the proportion each owner of dominant estate, the same should be presumed equal. A)!&L* 0#7. )he owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude. Fevertheless, 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 ma-ing any important wor-s, repairs or improvements thereon, it may be changed at his epense, provided he offers another place or manner e6ually convenient and in such a way that no injury is caused thereby to the owner of the dominant


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estate or to those who may have a right to the use of the easement. (+4+

Hhen the owner of the servient estate performs acts or constructs works impairing the use of the servitude, the owner of the dominant tenement may ask for the destruction of such works and the restoration of things to their condition before the impairment was committed with indemnity for damages suffered A)!&L* 0%9. )he 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 eercise of the easement. (n

Se"tion 3@ < Mo&es o! E-ting$ish(ent o! Ese(ents A)!&L* 0%1. *asements are etinguished: (1 'y merger in the same person of the ownership of the dominant and servient estates" (# 'y nonuser 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 too- place" (% ?hen either or both of the estates fall into such condition that the easement cannot be used" but it shall revive if the subse6uent 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 'y the epiration of the term or the fulfillment of the condition, if the easement is temporary or conditional" (+ 'y the renunciation of the owner of the dominant estate" (0 'y the redemption agreed upon between the owners of the dominant and servient estates. (+40a

Merger it is enough that the merger be with • respect to the portion of the tenement that is affected by the servitude, or the part for the benefit of which it was established. Hhere the merger is temporary or • under resolutory condition, there is at most a suspension, but nit an extinguishment of the servitude. 0/? with right to repurchase, easement •

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is only suspended Non< $se must be due to voluntary abstentation • by the dominant owner, and not to fortuitous event, because the basis of this cause of extinguishment is a presumptive renunciation. I(possi%ility o! $se only suspends the servitude until such • time when it can be used again. Ren$n"ition general rule+ express renunciation • A)!&L* 0%#. )he form or manner of using the easement may prescribe as the easement itself, and in the same way. (+42a A)!&L* 0%%. !f the dominant estate belongs to several persons in common, the use of the eas

#he easement being indivisible, the non-use by one co-owner cannot cause a partial extinguishment thereof. CHAPTER 1 LE=AL EASEMENTS Se"tion .@ < =enerl Pro*isions A)!&L* 0%4. *asements imposed by law have for their object either public use or the interest of private persons. (+47 A)!&L* 0%+. 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 )itle. (++9 A)!&L* 0%0. *asements established by law in the interest of private persons or for private use shall be governed by the provisions of this )itle, without prejudice to the provisions of general or local laws and ordinances for the general welfare. )hese 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. (++1a

Se"tion 1@ < Ese(ents Relting to Wters


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A)!&L* 0%2. 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. )he owner of the lower estate cannot construct wor-s which will impede this easement" neither can the owner of the higher estate ma-e wor-s which will increase the burden. (++#

Do indemnity needed in case of "rt. =< if through human intervention aqueduct!, the applicable provision is "rt. =5. A)!&L* 0%5. )he ban-s of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a one of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. *states adjoining the ban-s of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the eclusive service of river navigation and floatage. !f it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. (++%a A)!&L* 0%7. ?henever for the diversion or ta-ing of water from a river or broo-, 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 ban-s, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. (++4

#his is a natural servitude and therefore exists only with respect to waters which form in upper tenements and flow to the lower tenements by force of nature, and not those caused by acts of man read "rt. =F in conjunction with "rt. >A  >6 of the Hater )ode.recreation is included ! A)!&L* 049. &ompulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. (+++ A)!&L* 041. *asements 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. (++0

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A)!&L* 04#. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to ma-e 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. (++2 A)!&L* 04%.
2egal easement of aqueduct, the right to make water flow through intervening estates in order that one may make use of said waters. Re#$isites' indemnity must be paid to owners of • intervening estates and to the owners of lower estates upon which the waters may filter or descend there must be proof that+ • ◦ he can dispose of the water ◦ the water is sufficient for the use for which it was intended ◦ that the proposed course is the most convenient and the least onerous to rd persons and the servient estate ◦ proper administrative permission is obtained


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A)!&L* 042.
Se"tion 2@ < Ese(ent o! Right o! Wy A)!&L* 047. )he owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without ade6uate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. /hould this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. !n case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. )his easement is not compulsory if the isolation of the immovable is due to the proprietorDs own acts. (+04a

Hhen there is a permanent road, the easement should be considered as continuous, because the existence of the road is a continuing assertion of a right against the exclusive dominion of its owner. 1f there are consequential benefits, this may be deducted from the amount that is to be paid by the dominant estate. #he right of easement of right of way may be demanded by+ owner of the dominant estate • all persons who by virtue of a real right • may cultivate and use the tenement re#$isites' dominant estate is surrounded by other • immovables and has no adequate outlet

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to a public estate. 4ayment of indemnity • isolation was not due to the acts of the • proprietor of the dominant estate right of way claimed is at point lease • prejudicial to the servient estate or that shortest distance from the dominant estate to the public highway there must be a real necessity for the easement of right of way to justify its imposition. Hhen easement of right of way may be demanded+ when there is absolutely no access to a • public highway when, even if there is one, it is difficult • or dangerous to use, or is grossly insufficient payment of the value of the land for a permanent use of the easement does not mean an alienation of the land occupied. A)!&L* 0+9. )he easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. (+0+

#he criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance. %efore the determination of the place and the conditions of the right of way by agreement of the parties or by the judicial decision, the establishment of any road would constitute an invasion of the possession of the land, with all the consequences resulting for such transgression. E-"eption+ state of necessity "rt. 5, D))! A)!&L* 0+1. )he width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. (+00a

#he needs of the tenement determines the width of the passage.

A)!&L* 0+#.

?henever a piece of land ac6uired


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by sale, echange or partition, is surrounded by other estates of the vendor, echanger, or coowner, he shall be obliged to grant a right of way without indemnity. !n case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. (+02a A)!&L* 0+%. !n the case of the preceding article, if it is the land of the grantor that becomes isolated, he may demand a right of way after paying a indemnity. Gowever, the donor shall not be liable for indemnity. (n

9eason+ the servitude without indemnity is considered as a tacit condition of the sale, exchange, or partition depended on the will of the parties #his cannot be implied in a simple donation, because the grantor receives nothing from the grantee. 1n case of disappearance of the original way, the legal servitude may be demanded under the provisions of "rt. =5@, with the payment of indemnity. A)!&L* 0+4. !f the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. A proportionate share of the taes shall be reimbursed by said owner to the proprietor of the servient estate. (n A)!&L* 0++. !f the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be etinguished, returning what he may have received by way of indemnity. )he interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. )he same rule shall be applied in case a new road is opened giving access to the isolated estate. !n both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be etinguished. (+05a

:xtinguishment under "rt. =>> is not automatic. #he right to ask this extinguishment is given only to the owner of the servient estate* hence, the owner of the dominant estate cannot ask for the return of the indemnity, unless the former asks for extinguishment, because the return of the indemnity is only a consequence of the extinguishment.

A(o$nt to %e ret$rne&' permanent road • ◦ value of the land used and the damages caused to servient estate extinguishment of the servitude • ◦ value of the land discontinuous or temporary • ◦ nothing is to be returned A)!&L* 0+0. !f it be indispensable for the construction, repair, improvement, alteration or beautification of a building, to carry materials through the estate of another, or to raise therein scaffolding or other objects necessary for the wor-, the owner of such estate shall be obliged to permit the act, after receiving payment of the proper indemnity for the damage caused him. (+07a

In&ispens%le – it is extremely difficult to do the construction or repair without the easement. A)!&L* 0+2. *asements of the right of way for the passage of livestoc- -nown as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place. ?ithout prejudice to rights legally ac6uired, the animal path shall not eceed in any case the width of 2+ meters, and the animal trail that of %2 meters and +9 centimeters. ?henever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this /ection and those of articles 049 and 041 shall be observed. !n this case the width shall not eceed 19 meters. (+29a

Se"tion 3@ < Ese(ent o! Prty Wll A)!&L* 0+5. )he easement of party wall shall be governed by the provisions of this )itle, by the local ordinances and customs insofar as they do not conflict with the same, and by the rules of coownership. (+21a

Prty ll as an easement vs. as co-ownership • strictly speaking, party wall is a kind of • ownership but it has a special characteristic which make it more of a servitude.

S+ Hhich is the servient estateE

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"+ #he party wall itself is the servient estate A)!&L* 0+7. )he eistence of an easement of party wall is presumed, unless there is a title, or eterior sign, or proof to the contrary: (1 !n dividing walls of adjoining buildings up to the point of common elevation" (# !n dividing walls of gardens or yards situated in cities, towns, or in rural communities" (% !n fences, walls and live hedges dividing rural lands. (+2#

A)!&L* 009. !t is understood that there is an eterior sign, contrary to the easement of party wall: (1 ?henever in the dividing wall of buildings there is a window or opening" (# ?henever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward" (% ?henever the entire wall is built within the boundaries of one of the estates" (4 ?henever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others" (+ ?henever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates" (0 ?henever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other" (2 ?henever lands inclosed by fences or live hedges adjoin others which are not inclosed. !n all these cases, the ownership of the walls, fences or hedges shall be deemed to belong eclusively to the owner of the property or tenement which has in its favor the presumption based on any one of these signs. (+2%

#he enumeration of external signs in this article is merely illustrative, not exclusive. 1f the external signs indicate ownership on both sides of the wall, attention should be directed to the comparative quality or importance, rather than to the number of signs. Hhen there is a contradiction between an external sign and a title to the wall, the title must prevail. A)!&L* 001. 8itches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary.

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)here is a sign contrary to the partownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof, in which case the ownership of the ditch shall belong eclusively to the owner of the land having this eterior sign in its favor. (+24 A)!&L* 00#. )he cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. Fevertheless, any owner may eempt himself from contributing to this charge by renouncing his part ownership, ecept when the party wall supports a building belonging to him. (+2+

#he cost of repairs cannot be imposed on all the co-owners of the party wall when the defects were occasioned by only one owner. #he renunciation in "rt. == refers not only to the wall but also to the land on which it was constructed because the wall cannot be separated from the land. #he renunciation by a part owner is subject to the implied condition that the co-owner in whose favor the abandonment is made, shall bear the charges of preserving and repairing the wall. 9enunciation cannot be resorted to by a coowner to escape liability for damages occasioned by his own fault. #his will result to novation. A)!&L* 00%. !f the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his partownership of the wall, but the cost of all repairs and wor- necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. (+20

2iability of the owner who demolishes his building is limited to the damages which are simultaneous to or are occasioned immediately by the demolition. A)!&L* 004. *very owner may increase the height of the party wall, doing so at his own epense and paying for any damage which may be caused by the wor-, even though such damage be temporary.


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)he epenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him" and, in addition, the indemnity for the increased epenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it. !f the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own epense and, if for this purpose it be necessary to ma-e it thic-er, he shall give the space re6uired from his own land. (+22

" person building a common wall must exercise such reasonable care as will render the inconvenience and loss to his neighbor as small as practicable. #he additional thickness of the new wall must be placed on the land of the person building it, but the foundation may extend equally on each side from the center of the wall. A)!&L* 00+. )he other owners who have not contributed in giving increased height, depth or thic-ness to the wall may, nevertheless, ac6uire the right of partownership therein, by paying proportionally the value of the wor- at the time of the ac6uisition and of the land used for its increased thic-ness. (+25a A)!&L* 000. *very partowner of a party wall may use it in proportion to the right he may have in the coownership, without interfering with the common and respective uses by the other coowners. (+27a

:ach part-owner can use the party wall only in proportion to his interest.

A)!&L* 005. )he period of prescription for the ac6uisition of an easement of light and view shall be counted: (1 3rom the time of the opening of the window, if it is through a party wall" or (# 3rom the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. (n

may be acquired by prescription prohibition to the adjoining owner from constructing a higher tenement that will obstruct the view. A)!&L* 007. ?hen the distances in article 029 are not observed, the owner of a wall which is not party wall, adjoining a tenement or piece of land belonging to another, can ma-e in it openings to admit light at the height of the ceiling joints or immediately under the ceiling, and of the sie of thirty centimeters s6uare, and, in every case, with an iron grating imbedded in the wall and with a wire screen. Fevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he ac6uire partownership thereof, if there be no stipulation to the contrary. Ge can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been ac6uired. (+51a

#he openings allowed by this article are for the purpose of admitting light, hence they can be made only in the walls of buildings.

#he extent of the right to use is thus made to correspond to the extent of liability for repairs and construction provided for in "rt. ==.

)eiling – part of the construction which covers the room under it and certainly forms one of the essential parts of every story of the building having several floors.

SECTION 6 Ese(ent o! Light n& /ie

Ioists – horizontal timber that are placed upon the tops of the uprights* beams*

A)!&L* 002. Fo partowner may, without the consent of the others, open through the party wall any window or aperture of any -ind. (+59

9eason+ because such an act would imply the exercise of the right of ownership by the use of the entire thickness of the wall* it would be an invasion of the right of the other part owners, inasmuch as each owner is entitled only to a proportional use of the party wall.

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restrictions+ • @AAcm * if the  meter direct view! or =Acm oblique view! is not followed with iron grating imbedded on the wall • with a wire screen • opening must be at the height of the • ceiling joists or immediately under the ceiling


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A)!&L* 029. Fo windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. Feither can side or obli6ue views upon or towards such conterminous property be had, unless there be a distance of sity centimeters. )he nonobservance of these distances does not give rise to prescription. (+5#a

0irect view – that which is obtained from a wall parallel to the boundary line, such that from the opening in such wall it is possible to see the adjoining tenement without the necessity of putting out or turning oneJs head side or oblique view – obtained from a wall at an angle with the boundary line* in order to see the adjoining tenement, it is necessary ti out out or turn oneJs head to the left or to the right. Hhen windows are opened at a distance less than that prescribed by this article from the boundary lines, they constitute unlawful openings, and the owner who opened them may be ordered by the court to close them. A)!&L* 021. )he distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of obli6ue view from the dividing line between the two properties. (+5%

A)!&L* 02#. )he provisions of article 029 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. (+54a

A)!&L* 02%. ?henever by any title a right has been ac6uired to have direct views, balconies or belvederes overloo-ing an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in article 021. Any stipulation permitting distances less than those prescribed in article 029 is void. (+5+a

#rue servitude. #he acquisition of this servitude may be through contract, testament, or prescription.

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*

#he distance provided in this article may be increased by stipulation of the parties. SECTION 7 Dringe o! 0$il&ings A)!&L* 024. )he owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. *ven if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. (+50a

#his article does not establish a servitude but merely regulates the use of oneJs property. #he last sentence of this article is an exception to "rt. =< which requires lower tenements to receive the water flowing naturally from higher tenements. A)!&L* 02+. )he owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. (+52

A)!&L* 020. ?henever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. (+5%

SECTION 8 Inter(e&ite Distn"es n& WorBs !or Certin Constr$"tions n& Plntings A)!&L* 022. Fo constructions can be built or plantings made near fortified places or fortresses without compliance with the conditions re6uired in special laws, ordinances, and regulations relating thereto. (+57


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A)!&L* 025. Fo person shall build any a6ueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substances, machinery, or factory which by reason of its nature or products is dangerous or noious, without observing the distances prescribed by the regulations and customs of the place, and without ma-ing the necessary protective wor-s, subject, in regard to the manner thereof, to the conditions prescribed by such regulations. )hese prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. !n the absence of regulations, such precautions shall be ta-en as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. (+79a A)!&L* 027. Fo trees shall be planted near a tenement or piece of land belonging to another ecept at the distance authoried by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. *very landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. )he provisions of this article also apply to trees which have grown spontaneously. (+71a

0istance+ meters – tall trees • >Acm – small trees, shrubs • #ermination of what tall or short trees is to be determined by judicial appraisal, depending on what may be expected according to their nature. A)!&L* 059. !f the branches of any tree should etend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. (+7#

9ight to cut roots can be exercised without notice to the owner of the trees. %ut as to the branches, it is necessary to ask that they be cut, and if the owner of the tree does not do so voluntarily, the court may authorize the neighboring owner to cut them. #he right to cut does not prescribe so long as the owner tolerates the branches and roots

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*'

invading his tenement. %ut the moment the owner of the tenement demanded that the branches be cut off and the owner of the tree refuses to do so, the prescription starts to run. A)!&L* 051. 3ruits naturally falling upon adjacent land belong to the owner of said land. (n

based on the principle of accession.

SECTION 9 Ese(ent Aginst N$isn"e n A)!&L* 05#. *very building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smo-e, heat, dust, water, glare and other causes.

N$isn"e ? class of wrongs which arise from unreasonable, unwarranted, or unlawful use by a person of his own property, and which produces such material annoyance, inconvenience, discomfort or harm that the law will presume a consequent damage. #he easement against nuisance is not an easement at all but a restriction upon the ownership and not every limitation on the right of ownership is an easement. A)!&L* 05%. /ubject to oning, health, police and other laws and regulations, factories and shops may be maintained provided the least possible annoyance is caused to the neighborhood.

SECTION : Lterl n& S$%+"ent S$pport n A)!&L* 054. Fo proprietor shall ma-e such ecavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support.

Lterl – both the land being supported and the supporting land are on the same plane s$%+"ent – supported land is above the supporting land


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#he excavator, instead of observing a sufficient distance to permit the necessary lateral support of adjoining lot may support the latter artificially. Re(e&ies !or *ioltion' action for damages • ◦ the action may be maintained against anyone who causes the injury, whether he is the owner of the land or not injunction • ◦ the injunctive relief will be granted if the acts done, or threatened to be done would be ruinous or irreparable or would impair the just enjoyment of the property in the future. A)!&L* 05+. Any stipulation or testamentary provision allowing ecavations that cause danger to an adjacent land or building shall be void.

9eason+ contrary to public policy. 1t may endanger not just property but also human life. A)!&L* 050. )he legal easement of lateral and subjacent support is not only for buildings standing at the time the ecavations are made but also for constructions that may be erected.

4aras  0ean Davarro+ /ne is expected under this article to be prophetic. A)!&L* 052. Any proprietor intending to ma-e any ecavation contemplated in the three preceding articles shall notify all owners of adjacent lands.

4urpose of notice+ enable the adjoining owners to take the necessary precautions to protect their lands and the building thereon. "lthough the person making the excavation has given notice, he is bound nevertheless to exercise reasonable care and skill in excavating on his land so as not to cause damage to the neighboring property. #he giving of the notice is just an additional precaution* it does not have the force and effect of a substitute for and does not absolve the excavator from the duty to exercise reasonable car et avoid injury to neighboring buildings.

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*

CHAPTER 2 /OL>NTARY EASEMENT A)!&L* 055. *very owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and form which he may deem best, provided he does not contravene the laws, public policy or public order. (+74

/nly the owner may constitute an easement over his property. A)!&L* 057. )he owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. (+7+

A)!&L* 079. ?henever the na-ed ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another, no perpetual voluntary easement may be established thereon without the consent of both owners. (+70 A)!&L* 071. !n order to impose an easement on an undivided tenement, or piece of land, the consent of all the coowners shall be re6uired. )he consent given by some only, must be held in abeyance until the last one of all the coowners shall have epressed his conformity. 'ut the consent given by one of the coowners separately from the others shall bind the grantor and his successors not to prevent the eercise of the right granted. (+72a

(nder the last paragraph of "rt. =@6, once the co-owner has given his consent too the imposition of the servitude, it is nit necessary for him to give his consent anew when the other co-owners later give their consent* continuing consent. A)!&L* 07#. )he title and, in a proper case, the possession of an easement ac6uired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. !n default thereof, the easement shall be governed by such provisions of this )itle as are applicable thereto. (+75

A)!&L* 07%. !f the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the wor- re6uired for the use and preservation thereof, he may free himself


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from this obligation by renouncing his property to the owner of the dominant estate. (+77

1n order to produce the transmission of ownership over the tenement abandoned, the abandonment or transfer must be made in the proper juridical form required for the transmission of ownership of immovable property. •

TITLE /III N>ISANCE A)!&L* 074. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1 !njures or endangers the health or safety of others" or (# Annoys or offends the senses" or (% /hoc-s, defies or disregards decency or morality" or (4
N$isn"e Gr. Duire* injury, hurt, harm* annoyance* • anything that works hurt or injury. applied to that class of wrongs that • arise from the unreasonable, unwarrantable, or unlawful use by a man of his own property, or form his improper, indecent or unlawful personal conduct, working on obstruction or injury to the right of others, or of the public producing such material annoyance, inconvenience, discomfort or hurt that the law will presume a consequent damage. A)!&L* 07+. Fuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the etent of the annoyance, danger or damage upon individuals may be une6ual. A private nuisance is one that is not included in the foregoing definition.

Clssi!i"tion o! n$isn"e' nature • ◦ nuisance per se or at law ▪ act, occupation or structure which is a nuisance at all times

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*)

and under any circumstances, regardless of surroundings or location ▪ may be proved by the mere act ◦ nuisance per accidens or in fact ▪ one that becomes nuisance by reason of circumstances and surroundings. of the act and ▪ 4roof consequence is necessary injurious effects ◦ public to do ▪ doing of or failure something that injuriously affects the safety, health, or morals of the public ◦ private ▪ one which violates only private rights and produces damages to but one or few persons ◦ mixed

test H/D public or private nuisance+ he possibility of annoyance to the public by the invasion of its rights. A)!&L* 070. *very successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it.

'e who creates the nuisance is liable for the resulting damages, and ordinarily his liability continues as long as the nuisance continues. 'e whose duty is to abate a nuisance should answer for the consequences resulting form its continuance. "ll persons who join or participate in the creation or maintenance of a nuisance are liable jointly and severally for the wrong injury done thereby. 1f two or more persons who create or maintain a private nuisance act entirely independent of one another, and without any community of interest, concert of action, or common design, each is liable only so far as his acts contribute to the injury. JJJAttr"ti*e n$isn"e r$le


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A)!&L* 072. )he abatement of a nuisance does not preclude the right of any person injured to recover damages for its past eistence. A)!&L* 075. Lapse of time cannot legalie any nuisance, whether public or private.

4rescription or lapse of time cannot be relied upon to establish a right or to maintain a public nuisance. A)!&L* 077. )he remedies against a public nuisance are: (1 A prosecution under the Penal &ode or any local ordinance: or (# A civil action" or (% Abatement, without judicial proceedings.

Cri(inl prose"$tion only for public nuisance not for private • nuisance the defendant on conviction for • maintaining a nuisance of a continuing character, aside from being sentenced to a penalty may be ordered also to abate the nuisance, and if he fails to do so, a writ founded on the judgment may issue to the sheriff requiring him to abate the nuisance at the cost of the prisoner. In+$n"tion may be applied if the indictable • nuisance is pressing or imminent e-tr<+$&i"il %te(ent valid in the exercise of police power • based on necessity, the necessity must • be present to justify its exercise. 1f property is destroyed or taken as a • nuisance, the owner is not entitled to compensation. "nd the municipality, officer or person destroying it is not liable for damages. )an only be applied if what is abated is • a nuisance per se and D/# nuisance per accidens. A)!&L* 299. )he district health officer shall ta-e care that one or all of the remedies against a public nuisance are availed of.

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**

A)!&L* 291. !f a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor.

A)!&L* 29#. )he district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance.

A)!&L* 29%. A private person may file an action on account of a public nuisance, if it is specially injurious to himself.

=enerl r$le+ public nuisance must be abated in the name of the ?tate, or at the suit of some proper officer or body as an authorized officer. E-"eption' an individual who has suffered some special damage by reason of public nuisance may bring such suit for its abatement. A)!&L* 294. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. 'ut it is necessary: (1 )hat demand be first made upon the owner or possessor of the property to abate the nuisance" (# )hat such demand has been rejected" (% )hat the abatement be approved by the district health officer and eecuted with the assistance of the local police" and (4 )hat the value of the destruction does not eceed three thousand pesos.

Re#$isites' may be exercised only in cases of • urgent or extreme necessity the summary abatement should be • resorted to within a reasonable time after knowledge of the nuisance is acquired reasonable notice of intention to abate • the nuisance must be given to the owner means employed must be reasonable • abatement must be approved by the • district health officer property must not be destroyed unless it • is really necessary to do so rights must always be exercised with • the assistance of the local police


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A)!&L* 29+. )he remedies against a private nuisance are: (1 A civil action" or (# Abatement, without judicial proceedings.

Right to &(ges reparation for past injuries and not an • authority to continue the wrong where the nuisance was created or • maintained intentionally, willfully, or maliciously, exemplary or punitive damages may be allowed. A*il%le &e!enses public necessity • the pressure of public ◦ under necessity what would otherwise constitute a nuisance may be inflicted upon certain members of the community estoppel • impossibility of abatement • non-existence of the nuisance • A)!&L* 290. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. Gowever, it is indispensable that the procedure for etrajudicial abatement of a public nuisance by a private person be followed.

/wnership of the legal title is not necessary t enable one to maintain a suit to prevent a threatened nuisance which would disturb him in the peaceable use and possession of property on which he resides A)!&L* 292. A private person or a public official etrajudicially abating a nuisance shall be liable for damages: (1 !f he causes unnecessary injury" or (# !f an alleged nuisance is later declared by the courts to be not a real nuisance.

A)!&L* 295. )he egistry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (09+

9egister of 0eeds – public repository of records of public documents affecting the title to lands in the provinces or city where the lands are located. A)!&L* 297. )he titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the egistry of Property shall not prejudice third persons. (090

A)!&L* 219. )he boo-s in the egistry of Property shall be public for those who have a -nown interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (092

#he purpose of registration is merely to notify and protect the interests of strangers to a given transaction, who may be ignorant thereof, and the non-registration of the deed evidencing such transaction does not relieve the parties thereto of their obligations thereunder. 9egistration is useless when what is registered is insufficient to grant such right as in the case of fictitious or simulated sale. A)!&L* 211. 3or determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of -eeping the boo-s in the egistry, and the value of the entries contained in said boo-s, the provisions of the $ortgage Law, the Land egistration Act, and other special laws shall govern. (095a

0OO) III DIFFERENT MODES OF AC4>IRIN= OWNERSHIP

9emedies+ replevin • injunction sale, destruction! • recover proceeds • damages •

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TITLE I Registry o! Property

Preli(inry Pro*ision A)!&L* 21#.
*+


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ac6uired and transmitted by law, by donation, by testate and intestate succession, and in conse6uence of certain contracts, by tradition. )hey may also be ac6uired by means of prescription. (097a

Mo&e' •

• •

the specific cause which gives rise to them, as the result of the presence of a special condition of things, of the aptitude and intent of persons, and of compliance with the conditions established by law. #his is the proximate cause of the acquisition. 1f there is no mode, ownership will not be acquired  Acap vs &A! #wo kinds of mode ◦ original mode ▪ independent of any pre-existing right of another person free from any ▪ necessarily burdens or encumbrances ▪ e.g. intellectual creation • occupation • ◦ derivative mode ▪ based on a right previously held by another person and therefore subject to the same characteristics as when held by the preceding owner. ▪ ;ay be by transfer of rights • ◦ transmits the right in its entirety to another constitution of rights • person does not ◦ a transmit his rights in its entirety, but only a part thereof which is inferior in character ▪ e.g. succession • tradition •

Mo&e 4roximate cause #he cauesQprocess

a ?erves merely to give an opportunity for the existence of a real right, meantime only a personal right.

▪ mortis

causa or inter vivos* onerous or gratuitous • in*ol$ntry ◦ loss of the thing ▪ total ophysical destruction or juridical loss ◦ accession continua ◦ rescissory actions ◦ judicial decree ◦ operation of law ▪ prescription or acts of the ?tate or they may be classified as+ %sol$te e-ting$ish(ent • • relti*e e-ting$sih(ent • spe"il "$ses o! e-t$ng$ish(ent

•

• •

the juridical justification for the acquisition or a transfer of ownership or other real right. #his is the remote cause of the acquisition. •

*

true #he justification for the process

Loss o! onership • *ol$ntry ◦ abandonment of real rights* ▪ renunciation requires legal capacity of the subject and the intent to renounce the right ◦ alienation ▪ transfer of ownership to another person

•

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9emote cause

0irectly produces real right

Title •

Title

2"H "rts. 6>F, 55>, 5=6, 5=>, 5==, =F6, 655, 65>= #9"01#1/D legal delivery derivative mode of acquiring ownership and other real rights, by virtue of which these are transmitted from the patrimony of one person to that of another by means of a just title, the former and the latter having both the intent and the capacity for the transmission. 0etermines the birth of a real right #ypes of delivery+

Civil Code, Book II Property (Tolentino & Para! ◦

◦

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actual delivery "rt. 65@
*-

◦ ◦

•

possession, other than in concept of owner where the seller remains in • possession of the property in a different capacity. /an Loreno 8evDt &orp vs &A! ▪ traditio brevi manu opposite of constitutum • possessorium if the buyer already had • possession of the object even before the sale /an Loreno 8evDt &orp vs &A! ▪ traditio longa manu delivery by mere agreement • pointing of the hand • by mere consent or • agreement if the movable sold cannot yet be transferred to the possession of the buyer at the time of the sale /an Loreno 8evDt &orp vs &A! delivery by negotiable document of title quasi tradition or delivery of incorporeal property ▪ the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with the vendorJs consent, shall be understood as a delivery.

49:?)914#1/D one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. ◦ A"#$isiti*e pres"ription ▪ vests the property and raised a new title in the occupant ▪ requisites capacity to acquire • thing capable of acquisition • possession of the thing • lapse of time provided by • law ▪ types' ordinary •


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requires possession of thing in good faith and with just title of ◦ conversion possession ▪ the supervening bad faith erases the former possession in good faith, extraordinary prescription will run from the date of possession in bad faith ▪ prescription will be extraordinary but the period will be counted from the time the possession began. ▪ #he prescription will be extraordinary but the possession in good faith shall be computed in the proportion that the period of extraordinary prescription bears to that of ordinary prescription extraordinary • ◦ e-tin"ti*e pres"ription ▪ statute of limitation ▪ one does not look at the act of the possessor but to the neglect of the owner. Iust title must be proved, it is never presumed. #he acquisition of ownership or other real rights through prescription is retroactive. 4ersons capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription. ◦ Animus rem sibi habiendi – intent to appropriate the thing as oneJs own* essential element of possession. 4ossession has to be in the concept of an owner, public, peaceful, and uninterrupted. ◦

• •

•

•

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+.

•

•

•

•

;ovables possessed through a crime can never be acquired through prescription by the offender. 2ands registered in the #orrens system cannot be acquired through prescription or adverse possession. 4erson with capacity to alienate property may renounce prescription already obtained but not the right to prescribe in the future. 9ules in computation of period ◦ present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor ◦ it is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof of the contrary. day excluded, last day ◦ Girst included. TITLE I O""$ption

A)!&L* 21%. )hings appropriable by nature which are without an owner, such as animals that are the object of hunting and fishing, hidden treasure and abandoned movables, are ac6uired by occupation. (019

O""$ption apprehension of a corporeal thing which • has no owner by a person having capacity for the purpose, with intent to appropriate it as his, and according to the rules established by law. (nilateral act through the material • apprehension of a thing limited to things without an owner • ◦ never have had an owner had an owner who has ◦ it abandoned it requisites • ◦ intention to acquire ownership ◦ object must be appropriable by nature and without an owner ◦ there must be an act of taking possession of the thing

Civil Code, Book II Property (Tolentino & Para! O""$ption

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Possession

)an take place only )an refer to all kinds with property without of property whether an owner with or without an owner )onfers ownership

0oes not give rise to ownership

A)!&L* 214. )he ownership of a piece of land cannot be ac6uired by occupation. (n

%ased on the concept of jura regalia. A)!&L* 21+. )he right to hunt and to fish is regulated by special laws. (011

'unting law+ • "ct >@A fishing laws Gisheries "ct of AA, as amended by • )" 66=  56<, and by 9" =>@ • "ct 65@@, as amended by "ct 6=F> 40 >5 • A)!&L* 210. )he owner of a swarm of bees shall have a right to pursue them to anotherDs land, indemnifying the possessor of the latter for the damage. !f the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. )he owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. )his period having epired, they shall pertain to him who has caught and -ept them. (01#a A)!&L* 212. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article or fraud. (01%a

)orrelate "rt. <6< to par. =, "rt. 56>. 1talian code treats this as acquisition through accession and not occupation. A)!&L* 215. Ge who by chance discovers hidden treasure in anotherDs property shall have the right granted him in article 4%5 of this &ode. (014 A)!&L* 217.

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?hoever finds a movable, which is

+%

not treasure, must return it to its previous possessor. !f the latter is un-nown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has ta-en place. )he finding shall be publicly announced by the mayor for two consecutive wee-s in the way he deems best. !f the movable cannot be -ept without deterioration, or without epenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. /i months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. )he finder and the owner shall be obliged, as the case may be, to reimburse the epenses. (01+a

Lost thing – are without possessor but are not res nullius. Gailure to deliver the same to the authorities will constitute theft. 94)+ knowledge of the ownership of the property is no longer an essential element of the crime of theft. A)!&L* 2#9. !f the owner should appear in time, he shall be obliged to pay, as a reward to the finder, onetenth of the sum or of the price of the thing found. (010a

#he principle of agency and negotiorum gestio may be applied by analogy. "s to the expense of preservation, "rt. >5= could also be applied. TITLE II Intelle"t$l Cretion A)!&L* 2#1. 'y intellectual creation, the following persons ac6uire ownership: (1 )he author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other wor-" (# )he composer" as to his musical composition" (% )he painter, sculptor, or other artist, with respect to the product of his art" (4 )he scientist or technologist or any other person with regard to his discovery or invention. (n A)!&L* 2##. )he author and the composer, mentioned in Fos. 1 and # of the preceding article, shall have the ownership of their creations even before the publication of the same.

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)he )he pain painte ter, r, scul sculpt ptor or or othe otherr arti artist st shal shalll have have dominion over the product of his art even before it is copyrighted. )he scientist or technologist has the ownership of his discovery or invention even before it is patented. (n

Stte poli"y' ?ection 6. #he ?tate shall protect and secu secure re the the excl exclus usiv ive e righ rights ts of scie scient ntis ists ts,, inventors, inventors, artists, artists, and other gifted gifted citizens citizens to thei theirr inte intell llec ectu tual al prop proper erty ty and and crea creati tion ons, s, particularly when beneficial to the people, for such period as may be provided by law.  /ec. 1%, Art J!>, )he 1752 &osntitution! &osntitution ! A)!&L* 2#%. Letters and other private communications in writing are owned by the person to whom whom they they are addressed addressed and delive delivered red,, but they cannot cannot be publis published hed or dissem dissemina inated ted withou withoutt the consent of the writer or his heirs. Gowever, the court may authorie their publication or dissemination if the public good or the interest interest of justice so so re6uires. (n

0ual interests or property rights in the letter+ • inte intelle llect ctua uall prop proper erty ty, cons consis isti ting ng of thoughts and the ideas and their form of expression contained in the letter the material or physical thing, which is • the the pape paperr and and the the impr impres essi sion on made made thereo thereon n by the mechan mechanica icall means means of writing that has been employed. #he contents of letters are objects of a right of intell intellect ectual ual proper property, ty, in the same same manne mannerr as any product of the mind. A)!&L* 2#4. patent. (4#7a

/pecial laws govern copyright and

9" F@ F@,, 1nte 1ntell llec ectu tual al prop proper erty ty )ode )ode of the the 4hilippines. TITLE III DONATION Chpter . NAT>RE OF DONATIONS )in&s o! Dontion' inter vivos • ◦ pure or simple ◦ remunetory ◦ conditional or modal ◦ onerous

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+

•

mortis causa

A)!&L* 2#+. 8onation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. (015a

Si(ple Dontion gratuitous and irrevocable • elements+ • reduction ion of the patrimon patrimony y of the ◦ reduct donor increa ease se in the the patr patrim imon ony y of the the ◦ incr donee intent nt to do an act act of libe libera rali lity ty ◦ inte animus donandi ! dona donati tion on is actu actual ally ly a cont contra ract ct beca becaus use e an acceptance is always required to have a valid donation. #he causa is the generosity. /nly owner can donate the property  &alicdan vs &elandana! &elandana! A)!&L* 2#0. ?hen a person gives to another a thing or right on account of the latterDs merits or of the services services rendered rendered by him to the donor, provided provided they do not constitute a demandable debt, or when the gift imposes imposes upon the donee a burden which is less than the value of the thing given, given, there is also a donation. (017

Types o! &ontion' Si(ple &ontion the cause is pure liberality no strings • attached! Re($netory &ontions compensate past services which do not • constitute demandable debts the the caus cause e is grat gratit itud ude, e, a desi desire re to • acknowledge and compensate a favor. 7#hey do not constitute a demandable • debt8 – the service which was rendered did not produce an obligation demand demandabl able e agains againstt the donor or if it had, such obligation has been renounced in favor of the donor


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"on&itionl or (o&l &ontion the the dona donati tion on may may impo impose se upon upon the the • donee a burden inferior in value to that thing donated. • " mode does not affect the rights of the donee, it is an accessory disposition by virtue of which the benefit conferred on the donee is restricted by the statement of the purpose to which the thing shall be applied • the mode may be in favor of the donor himself,  rd person, or the public the the part party y favo favore red d by the the mode mode may may • demand its fulfillment onero$s &ontion donations donations for a valuable valuable consideratio consideration n • which which is consid considere ered d the equiva equivalen lentt of donation the services are to be performed in the • future every donation which imposes a burden • is therefore an onerous one ◦ purely onerous ▪ the burden is equal to or greater than the value of the donation ◦ modal ▪ the donor imposes a prestation upon the donee ◦ mixed ▪ one which contains an onerous transaction gove govern rned ed by the the rule rules s of cont contra ract ct • directly as to the onerous part* as to the part exceeding the burden, the rules on contract contract are only suppletory, suppletory, those on sim simple ple dona donati tion on bein being g of prim primar ary y application A)!&L* 2#2. !llegal or impossible conditions in simp simple le and and remu remune nera rato tory ry dona donati tion ons s shal shalll be considered as not imposed. (n

/nly /nly the the ille illega gall or impos impossi sibl ble e cond condit itio ion n is considered as not written* hence the donation is valid, free from the condition the condition shall be considered as simple or pure A)!&L* 2#5. 8onations which are to ta-e effect upon the death of the donor parta-e of the nature of

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testamentary provisions, provisions, and shall be governed by the rules established in the )itle on /uccession. (0#9

INTER /I/OS

MORTIS CA>SA

#akes effect #akes effect upon the indepe independe ndentl ntly y of the death of the donor donor$s death ;ade ;ade out out of dono donor$ r$s s ;ade in pure generosity contem contempla platio tion n of his death without the inte intent ntion ion to lose lose the the thing or its free disposal in case of survival #itle #itle convey conveyed ed to the #itle #itle convey conveyed ed upon upon donee before the donor$s death donor$s death Kalid if donor survives survives Koid if donor survives donee donee 3enerally 3enerally irrevocable irrevocable "lways revocable at during donor$s lifetime anytime and for any exce except pt for for grou ground nds s reason before the provided by law donor$s death ;ust ;ust comply comply with with the ;ust comply with formalities required by formalities required by 2aw on donations 2aw on ?uccession ;ust ;ust be accept accepted ed by )an only be accepted the donee during during his after the donor$s death lifetime ?ubject to donor$s tax

?ubject to estate tax

1n case of doubt the conveyance shall be deem deemed ed an inter vivos rath rather er than than mortis causa, causa, in order to avoid uncertainty as to the ownership of the property subject of a deed. #he nature of donation is not determined by the title given to it by the donor but by what is expressed therein. A)!&L* 2#7. ?hen the donor intends that the donation shall ta-e effect during the lifetime of the donor, though the property shall not be delivered till after the donorDs death, this shall be a donation inter vivos. )he fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. (n


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A)!&L* 2%9. )he fiing of an event or the imposition of a suspensive condition, which may ta-e place beyond the natural epectation of life of the donor, does not destroy the nature of the act as a donati donation on inter inter vivos, vivos, unless unless a contra contrary ry intent intention ion appears. (n

A)!&L* 2%1. ?hen a person donates something, subjec subjectt to the resolu resolutor tory y condit condition ion of the donorD donorDs s survival, there is a donation inter vivos. (n

A)!&L* 2%#. 8onations which are to ta-e effect inter vivos shall be governed by the general provisions on cont contra ract cts s and and obli obliga gati tion ons s in all all that that is not not determined in this )itle. (0#1

A)!&L* 2%%. 8onations with an onerous cause shall shall be govern governed ed by the rules rules on contra contracts cts and remune remunerat ratory ory donati donations ons by the provis provision ions s of the present )itle as regards that portion which eceeds the value of the burden imposed. (0##

A)!&L* 2%4. )he donation is perfected from the moment the donor -nows of the acceptance by the donee. (0#%

/nce /nce the the dona donati tion on is perf perfec ecte ted, d, the the donor can no longer withdraw and he can be comp compel elled led to comp comply ly with with his his offe offeri ring ng or to deliver the thing she wanted to donate. "n acceptance is necessary because no one is obliged to receive a benefit against his will. "fter the donation is perfected, it can only be revoked by the consent of the donee or by juri juridi dica call decr decree ee,, espe especi cial ally ly when when the the donation is onerous. CHAPTER 1 Persons Who My =i*e or Re"ei*e  Dontion A)!&L* 2%+. All persons who may contract and dispose of their property may ma-e a donation. (0#4

#he #he capa capaci city ty requ requir ired ed in this this arti articl cle e is for for disposition inter vivos not mortis causa. %oth the capacity to contract and dispose of must exist.

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A)!&L* 2%0. Buardians and trustees donate the property entrusted to them. (n

cannot

(nder the /ld law, the prohibition did not exist. (nder this provision, as worded, guardians and trus truste tees es may may of cour course se dona donate te thei theirr own own properties but not the properties entrusted to hem, for the simple reason that they are not the owners thereof. A)!&L* 2%2. )he donorDs capacity shall be dete determ rmin ined ed as of the the time time of the the ma-i ma-ing ng of the the donation. (n

Cma-in Cma-ing g of the donati donationE onE - perfec perfectio tion n of the donation* for it is really upon perfection that the donation is legally made. #he capacity of the donor must be determined as of the perfection of donation. ?ee "rt. 6 of the )ivil )ode to solve this gray area in the law and to justify the donor to sue for annulment of contract A)!&L* 2%5. Al those who are not specially dis6ualifi dis6ualified ed by law therefor therefor may accept donations. donations. (0#+

"ll persons, whether natural or juridical may be donees. A)!&L* 2%7. )he following donations shall be void: (1 )hose )hose made made betwee between n person persons s who were were guilty of adultery or concubinage at the time of the donation" (# )hose made between persons found guilty of the same criminal offense, in consideration thereof" (% )hose )hose made to a public public officer officer or his wife, descendants and ascendants, by reason of his office. !n the the case case refe referr rred ed to in Fo. Fo. 1, the the acti action on for for declaration of nullity may be brought by the spouse of the donor or donee" and the guilt of the donor and donee may be proved proved by preponderance preponderance of evidence evidence in the same action. (n

#he term wife in the  rd paragr paragraph aph shall shall be interpreted to mean spouse so as to include the husband


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"rt. A6 provides that 7any person who is forbid forbidden den from from receiv receiving ing any donati donation on under under "rt. <@ cannot be named beneficiary of a life insu insura ranc nce e poli policy cy by the the pers person on who who cann cannot ot make any donation to him, according to said article.8 A)!&L* 249. !ncapacity to succeed by will shall be applicable to donations inter vivos. (n

"9#1)2: 6A<. #he following are incapable of succeeding+ 6. #he #he pries priestt who hear heard d the conf confes essi sion on of the testator during his last illness, or the minist minister er of the gospel gospel who extend extended ed spir spirit itua uall aid aid to him him duri during ng the the same same period* . #he re relatives of of su such pr priest or or minister of the gospel within the fourth degr degree ee,, the the chur church ch,, orde order, r, chap chapte ter, r, community community,, organizatio organization, n, or instituti institution on to which which such such priest priest or minist minister er may belong* . " guard guardian ian with with resp respect ect to testa testamen mentar tary y dispositions given by a ward in his favor before the final accounts of the guar guardi dian ansh ship ip have have been been appr approv oved ed,, even if the testator should die after the appr approv oval al ther thereo eof* f* neve nevert rthe hele less ss,, any any provision made by the ward in favor of the the guar guardi dian an when when the the latt latter er is his his ascendant, descendant, brother, sister, or spouse, shall be valid* 5. "ny "ny atte attest stin ing g witn witnes ess s to the exec execut utio ion n of a will will,, the spou spouse se,, pare parent nts, s, or chil childr dren en,, or any any one one clai claimi ming ng unde underr such such witn witnes ess, s, spou spouse se,, pare parent nts, s, or children* >. "ny "ny phys physic icia ian, n, surg surgeo eon, n, nurse, nurse, health health officer or druggist who took care of the testator during his last illness* =. 1ndividuals, associations and corpor corporati ations ons not permit permitted ted by law to inherit. <5>, <>, <>, <>5a! A)!&L* 241. $inors and others who cannot enter into a contract may become donees but acceptance shal shalll be done done throu hrough gh their heir pare paren nts or legal egal representatives. (0#0a

;inors and incapacitated persons do not have the capacity to make formal acceptance of a

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donati donation* on* the interv intervent ention ion of their their parent parents s or legal representatives is required. A)!&L* 24#. 8onations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born. (0#2

9equisites+ the child be born alive later if it had a • normal intra uterine life! or that the child, after being born alive, • should live for at least 5 hours if it had an intr intra a uter uterin ine e life life of less less than than < months!. months!. /therwise, /therwise, if the child never posses possessed sed juridi juridical cal person personalit ality, y, there there beong beong no donee, donee, the donati donation on is null null and void. A)!&L* 24%. 8onations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is interposed. (0#5

#he persons referred to as disqualified in this case are those who are disqualifie disqualified d to become donees. A)!&L* 244. 8onations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. (n

2ike in instances of double sale, "rticle 6>55 applies in case of double donation. rules of preference+ • ◦ 6st who recorded it with the proper registry of property ◦ should there be no entry, the one who 6st took possession thereof with oldest oldest title, title, provid provided ed ◦ the one with there is good faith. Iustice Kitug  0ean Davarro+ #his provision is problematic as the )ivil )ode )ode )omm )ommis issi sion on fail failed ed to reme rememb mber er that that donati donation on is differ different ent form form sale. sale. "nd that that the attempt to donate the property for the second time around, the donor would have no right to effect donation as he is no longer the owner of the property.


AUF School of Law

0onation is sufficient in itself to transfer ownership. A)!&L* 24+. )he donee must accept the donation personally, or through an authoried person with a special power for the purpose, or with a general and sufficient power" otherwise, the donation shall be void. (0%9

Hhile the provision speaks only of acceptance, it would seem that it also applies to the giving on the part of the donor. A)!&L* 240. Acceptance must be made during the lifetime of the donor and of the donee. (n

Reson !or the pro*ision' • #he donation is personal between the donor and the donee.)ode )ommission! 1f the donor dies before he learns of the acceptance, the donation does not take effect. A)!&L* 242. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to ma-e the notification and notation of which article 247 spea-s. (0%1

1t is understood that the persons referred to in this article are duly authorized to do the acceptance. Dotification and notation, in the proper cases, are essential for the perfection of the donation. A)!&L* 245. )he donation of a movable may be made orally or in writing. An oral donation re6uires the simultaneous delivery of the thing or of the document representing the right donated. !f the value of the personal property donated eceeds five thousand pesos, the donation and the acceptance shall be made in writing.
A)!&L* 247. !n order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. )he acceptance may be made in the same deed of donation or in a separate public document, but it shall

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+*

not ta-e effect unless it is done during the lifetime of the donor. !f the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (0%%

" transfer of real property from one person to another cannot take effect as a donation unless expressed in a public instrument. " public instrument is not necessary in cases of onerous donations because they are governed by the rules on contracts. #itle to an immovable property does not pass from the donor to the donee by virtue of a deed of donation until and unless it has been accepted in a public instrument and the donor duly notified thereof. "cceptance may be made in the very same instrument of donation. CHAPTER 2 E!!e"t o! Dontions n& Li(ittions Thereon A)!&L* 2+9. )he donation may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. ?ithout such reservation, the donation shall be reduced in petition of any person affected. (0%4a

#he article applies to all kinds of donations, except donation mortis causa, donation propter nuptias, and onerous donations. #he donation of all the present property of the donor, without the reservation of a sufficient amount for his subsistence, is not void, but only susceptible of reduction. A)!&L* 2+1. 8onations cannot comprehend future property. 'y future property is understood anything which the donor cannot dispose of at the time of the donation. (0%+


AUF School of Law

F$t$re property all property that belongs to others at the • time the donation is made, although it may or may not later belong to the donor properties to which the donor has a • right, although the delivery of such property to him may be fixed for a future date, are not future properties, and can therefore be donated. #he basis of this article is that the donor • cannot deliver or dispossess himself of the future property nemo dat quod non habet • A)!&L* 2+#. )he provisions of article 2+9 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will. )he donation shall be inofficious in all that it may eceed this limitation. (0%0

#he limitation imposed under this article applies to persons who have compulsory heirs. A)!&L* 2+%. ?hen a donation is made to several persons jointly, it is understood to be in e6ual shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. )he preceding paragraph shall not be applicable to donations made to the husband and wife jointly, between whom there shall be a right of accretion, if the contrary has not been provided by the donor. (0%2

=enerl r$le' there is no "ccretion in donation e-"ept' donation to spouses, or otherwise provided by the donor A)!&L* 2+4. )he donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. )he latter, on the other hand, is not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence of the burden. )he donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (0%5a

E*i"tion • whenever by final judgment based on a right prior to the sale or donation or an act imputable to the vendor or donor, the vendee or donee is deprived of the

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whole or of purchased.

a

part

of

the

thing

Hi&&en &e!e"ts those which are not patent upon a • physical examinations of the object donated. Wrrnty e-ists hen' • the donor is in bad faith • the donation is onerous if warranty is expressly made • if donation is propter nuptias unless the • contrary is stipulated. A)!&L* 2++. )he right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor" but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. (0%7

?peaks of a donation with a reservation to dispose of part of the object donated. A)!&L* 2+0. )he ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at the time of the donation. (049a

Hhen one person receives the usufruct, it is understood that the other donee receives only the naked ownership, not the full ownership. A)!&L* 2+2. eversion may be validly established in favor of only the donor for any case and circumstances, but not in favor of other persons unless they are all living at the time of the donation. Any reversion stipulated by the donor in favor of a third person in violation of what is provided in the preceding paragraph shall be void, but shall not nullify the donation. (014a

Re*ersion going back or going to a third person. • A)!&L* 2+5. ?hen the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. !n no case shall the donee be responsible


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for the debts eceeding the value of the property donated, unless a contrary intention clearly appears. (04#a

When there is  stip$ltion to py &e%ts, the !!g@ r$les ($st pply' • pay only for prior debts • pay only for debts up to the value of the property donated. A)!&L* 2+7. )here being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been made in fraud of creditors. )he donation is always presumed to be in fraud of creditors, when at the time thereof the donor did not reserve sufficient property to pay his debts prior to the donation. (04%

#he liability of the donee under this article should be considered as limited to the value of the thing donated and only those incurred before the donation was effected. 3ood faith of a transferee does not protect him if the transfer of property is in fraud of creditors and is effected gratuitously. 0onations made in fraid of creditors may be rescinded by said defrauded creditors up to the extent of their credits. ;anresa! CHAPTER 3 Re*o"tion n& Re&$"tion o! Dontions A)!&L* 209. *very donation inter vivos, made by a person having no children or descendants, legitimate or legitimated by subse6uent marriage, or illegitimate, may be revo-ed or reduced as provided in the net article, by the happening of any of these events: (1 !f the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous" (# !f the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living" (% !f the donor subse6uently adopt a minor child. (044a

#his article applies to all donation inter vivos and not to mortis causa.

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#he reason for the article is that the law presumes that the donor would not have made the donation if he had or knew he had a child who would naturally be entitled to his affection and property. #he donation cannot be revoked when the child was already conceived at the time of the donation, only if the donor was aware of the conception of his child. #he article covers only the appearance of children and not the descendants. 'owever, although the donation will not be revoked, it may be declared inofficious if it impairs the legitime of the descendant. #he donation is revoked by the happening of any of the events enumerated in the article. ipso jure! but a complaint showing allegations and proofs must be filed to show that the child is actually impaired. 1f the child born subsequent to the donation should die before the complaint for revocation is filed, the donation remain subsisting, according to the view of most authors. A)!&L* 201. !n the cases referred to in the preceding article, the donation shall be revo-ed or reduced insofar as it eceeds the portion that may be freely disposed of by will, ta-ing into account the whole estate of the donor at the time of the birth, appearance or adoption of a child. (n

#he revocation is a mere reduction or partial revocation and not total as opposed to that mentioned in the /))! the donation will only be revoked to the extent of the presumptive legitime of the child* it will remain valid with respect to the free portion taking into account the estate of the donor at the time of the birth, appearance of adoption of the child. A)!&L* 20#. @pon the revocation or reduction of the donation by the birth, appearance or adoption of a child, the property affected shall be returned or its value if the donee has sold the same. !f the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the donee.


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?hen the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. (04+a

#he court, according to "rt. 66@< may fix the period for which the condition must be fulfilled if there is no period fixed.

Hhat the donee must do if the donation is reduced+ • if the property is still with him, return the property • if the property has been sold, give the value to the donor if the property has been mortgaged, the • donor may pay off the debt, but he can recover reimbursement from the donee • if the property cannot be returned, retirn its value

E!!e"t o! non!$l!ill(ent' donor has the choice of enforcing the charge by+ an action for specific performance • revocation of the donation •

A)!&L* 20%. )he action for revocation or reduction on the grounds set forth in article 209 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the eistence of the child believed dead. )his action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants. (040a

1 "ts hi"h %ring %o$t legiti(tion' birth of the child • subsequent marriage of the parents •

#he donorJs right to revoke for non-performance of condition is transmitted to his heirs. #he death of donee does nit bar the action of the donor to revoke the donation for failure of the donee during his lifetime to fulfill the conditions imposed upon him. ?ee &entral Philippine @niversity vs &A donation of a land with the condition that the donee shall build a medical school* >A years had already elapsed* the ?) allowed the revocation of the donation! •

A)!&L* 204. )he donation shall be revo-ed at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. !n this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the $ortgage Law and the Land egistration laws. )his action shall prescribe after four years from the noncompliance with the condition, may be transmitted to the heirs of the donor, and may be eercised against the doneeDs heirs. (042a

Con&ition – obligations or charges imposed by the donor on the donee. 5 year prescriptive period is applied only if there is no stipulation on automatic revocation.

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partial non-fulfillment of a condition or charge imposed on the donee is as much as a ground for revocation as total non-performance* because to be considered fulfilled, the condition must be totally complied with.

+-

•

;ulo  /ons vs. oman &atholic 'ishop of /an Pablo epublic vs /ilim

A)!&L* 20+. )he donation may also be revo-ed at the instance of the donor, by reason of ingratitude in the following cases: (1 !f the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority" (# !f the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority" (% !f he unduly refuses him support when the donee is legally or morally bound to give support to the donor. (045a

'duarte #s C( offense against the honor of the donor • should not be taken in its legal or


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technical sense or classification under the 94). 'e who has received a donation must be grateful to his benefactor. #he enumeration in the law is restrictive. 1n paragraph !, the law does not require conviction of the donee, it is enough that the offense be proved in the action for revocation. " recipient of generosity always has that moral obligation towards his benefactor. 1ngratitude is personal intransmissible to the heirs of the donee.

and

A)!&L* 200. Although the donation is revo-ed on account of ingratitude, nevertheless, the alienations and mortgages effected before the notation of the complaint for revocation in the egistry of Property shall subsist. Later ones shall be void. (047

A)!&L* 202. !n the case referred to in the first paragraph of the preceding article, the donor shall have a right to demand from the donee the value of property alienated which he cannot recover from third persons, or the sum for which the same has been mortgaged. )he value of said property shall be fied as of the time of the donation. (0+9

7time of the donation8 - perfection of the donation. 1f the propert has been lost or deteriorated thru any cause including a fortuitous event, the donee should respond with damages, because as owner, he is supposed to bear the loss or deterioration res perit domino! A)!&L* 205. ?hen the donation is revo-ed for any of the causes stated in article 209, or by reason of ingratitude, or when it is reduced because it is inofficious, the donee shall not return the fruits ecept from the filing of the complaint. !f the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but also the fruits thereof which he may have received after having failed to fulfill the condition. (0+1

"#vd$

.

A)!&L* 207. )he action granted to the donor by reason of ingratitude cannot be renounced in advance. )his action prescribes within one year, to be counted from the time the donor had -nowledge of the fact and it was possible for him to bring the action. (0+#

#he right to revoke because of ingratitude cannot be renounced in advance. #he action to revoke prescribes within one year A)!&L* 229. )his action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and even if he should die before the epiration of one year. Feither can this action be brought against the heir of the donee, unless upon the latterDs death the complaint has been filed. (0+%

#he act of ingratitude is personal to the donee* upon the death of the latter, the offense is erased and the action for revocation cannot be instituted against the heirs. 1t is only when the action has already been filed that it is allowed to continue against the heirs of the donee. A)!&L* 221. 8onations which in accordance with the provisions of article 2+#, are inofficious, bearing in mind the estimated net value of the donorDs property at the time of his death, shall be reduced with regard to the ecess" but this reduction shall not prevent the donations from ta-ing effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. 3or the reduction of donations the provisions of this &hapter and of articles 711 and 71# of this &ode shall govern. (0+4

?ince the inofficiousness of the donation cannot be determined till after the donorJs death, it follows that in the meantime, the donation is valid and ownership is transmitted to the donee during the donorJs lifetime. A)!&L* 22#.

Property AUF

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