Property Memaid

San Beda College of

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Law

PROPERTY - All things which are, or may be, the object of appropriation (Art. 414, NCC) Thing and Property Distinguished THING PROPERTY includes both things which are approp appropriab riable le and and nonnon- susceptible of appropriable objects appropriati iatio on and which are already posses possessed sed and found found in the the poss posses essi sion on of man Note: Strictly speaking, “thing” “thi ng” is NOT synonymous with “property”. HOWEVER, the New Civil Code uses these terms t erms interchangeably. Requisites/Characteristics: Requisites/Characteristics: (USA) 1. utility – ability to serve as a means to satisfy human needs 2. substan ubstantivit tivity y or individ individua uality lity – separa separate te and autonomous existence pprop priab riabil ilit ity y – even even if not not yet yet actu actual ally ly 3. appro appropriated (Reyes-Puno, p.1) CLASSIFICATION OF PROPERTY Kinds of Properties: 1. Immovable or real (Art. 415) 2. Movable or personal (Arts. 416, 417) •

The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriated. Under certain conditions, the

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body of a person or parts thereof may be the subject matter of a transaction (See RA No. 349, RA No. 7170, RA No. 7719). Parties Parties to a contra contract ct may may treat treat as perso personal nal property that which by nature is real property; and it is a familiar phenomenon to see things clas classe sed d as real real prop proper erty ty for for purp purpos oses es of taxation which on general principle might be considere considered d personal personal property property (Standard (Standard Oil Co. vs. Jaranillo GR No. 20329, March 16, 1923).

IMMOVABLE PROPERTIES Categories: (NIDA) 1. Real Real by nature ature – it canno cannott be carried carried from from place to place (pars. 1 & 8, Art. 415) Real by incor ncorp porat oratio ion n – atta attach ched ed to an 2. Real immovable in a fixed manner to be an integral part thereof (pars. thereof (pars. 1–3 Art. 415) 3. Real by destination – placed in an immovable for the utility utility it gives gives to the activity activity carried carried thereon (pars. 4–7 and 9 Art. 415) 4. Real by analogy – it is so classified by express provision of law (par. 10, Art. 415) Types of Immovable Properties (Art. 415) 1. Land Land,, build building ings, s, road roads s and and cons constr truc ucti tion ons s of all kinds adhered to the soil Where a building is sold to be demolished imme immedi diat atel ely, y, it is to be rega regard rded ed as movable because the subject matter of the contract is really the materials thereof. Buildings are immovables by incorporation. Hence, their adherence to the land must be permanent and •

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EXECUTIVE COMMITTEE: HERBER HERBERT T CALVIN CALVIN ABUGAN ABUGAN overal overalll chair chair and chair chair academi academics cs operat operation ions, s, MANOL MANOLO O ADEL ADEL SANTOS SANTOS chair chair hotel hotel operations operations,, GRACE GRACE SARAH SARAH TRIA vice chair for operations operations,, JUAN CARLOS CARLOS NUESTRO vice chair for academics, MAE ANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS vice chair for finance, EIREENE XINA ACOSTA vice chair for edp, ACE JELLO CONCEPCION vice chair for logistics CIVIL LAW: FRANCESCA LOURDES LOURDES SENGA subject subject chair, SHEENA MARIE ABELLA ABELLA assistant subject subject chair, ACE ARVIN GANDO GANDO edp, FRANCESCA LOURDES SENGA persons persons and family relations, CRISCELYN CARAYUGAN CARAYUGAN property, MA. PELISA CORAZON PARIDO PARIDO and MARY IVY ANNE GALANG wills and succession, succession, MARIA DANIAFLOR DANIAFLOR BERAMO and COLLEEN COLLEEN INFANTE obligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN partnership, agency and trust, trust, KATHERINE KATHERINE ANN ASILO ASILO credit transactions, transactions, SHEENA MARIE ABELLA ABELLA torts and damages, damages, JAN PEARL PORTUGAL PORTUGAL land titles and deeds, JAN MANUELLE REYES conflict of laws MEMBERS: Aldren Aldren Abrigo, Lloyd Elgene Apostol, Apostol, Joanna Arellano, Arellano, Jonathan Bajeta, Bajeta, Paul Isaac Barrameda, Barbara Barbara Jeniffer Bautista, Arlene Borja, Leana Blasco Keith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Chu, Benedicto Claravall, Diane Therese Dauz, Herber Herbertt Davis, Davis, Riyah Riyah Lalain Lalaine e Doming Domingo, o, Ana Ofloda Ofloda delos delos Reyes, Reyes, Ramona Ramona Diň ozo, ozo, Claris Clarissa sa EnanoEnano-Cae Caenan nano, o, Carla Carla Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau, Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson, Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara, Mendoza, Kristel Concepcion Ona, Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat, Jezreel Caridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon, Deogracias Natividad

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substan substantial tial.. Portab Portable le structu structures res are not not immovables. A building building is an immovabl immovable e even if not erected by the owner of of the land. The only criterion is union or incorporation with the soil. (Lader (Ladera a vs. Hodge Hodges s CA-GR CA-GR No. 8027-R, September 23, 1952). A building building is real property property thus, its sale as annotat otate ed in the the Chat Chatte tell Mortg ortgag age e Registry cannot be given the legal effect of regis registr trati ation on in the Regis Registry try of Real Real Property (Leung Yee vs. Strong Machinery Co. GR No. L-11658 February 15, 1918).

a. The The machin machinery ery,, etc. etc. must must be placed placed by the the owner of the tenement or his agent b. The The indus industry try or or works works must must be carr carrie ied d on in a building or on a piece of land c. The The machin machiner ery, y, etc. etc. must must tend dir direc ectly tly to meet meet the needs needs of the said indust industry ry or works •

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2. Trees, Trees, plants plants,, and and grow growing ing fruits fruits When trees are cut or uprooted, incorp incorpora oration tion ceases ceases and and they they becom become e movables; timber is still integral part of an immovable property when it constitutes the natural product of the latter. For For purpo purposes ses of attachm attachmen ent, t, execut execution ion,, • and and the Chattel Chattel Mortg Mortgag age e Law, Law, growin growing g crops have the nature of personal property (Sibal vs. Valdez GR No. L-27352, August 4, 1927). •

3. Ever Everyt ythin hing g attac attache hed d to an immov immovab able le in a fixed manner The attachment need not be made by the owner. The brea reakag kage or inju injury ry,, in case case of separation, must be substantial. The fact that the machineries were bolted • or cemented on real property mortgaged does not make them ipso facto immovable under Art. 415 (3) and (5) as the parties intent has to be looked into. Even if the proper properties ties appear appear to be immova immovable ble by nature, nothing prohibits the parties from trea treatin ting g them them as chat chatte tels ls to secu secure re an obligation under the principle of estoppel (Tsai vs. CA, GR No. 120098, October 2, 2001). •

Movab Movable le equipm equipment ents, s, to be immobi immobilize lized d in contemplation of law, must be essential and princ principa ipall eleme elements nts of an indust industry ry or works works (Mind (Mindan anao ao Bus Co. vs. City Assess Assessor or and and Treasure Treasurerr GR No. L-17870, L-17870, Septembe Septemberr 29, 1962). Mach Machin iner ery, y, mova movabl ble e in natu nature re,, beco become mes s immobi immobilize lized d when when placed placed on a plant plant by the owner of the property but not so when placed by a tenant, usufructuary or a person having only only a tempo temporar rary y right right unless unless such such perso person n acted as agent of the owner (Davao Sawmill Co. Co. vs. Casti Castill llo o GR No. No. 4041 40411, 1, Augu August st 7, 1935).

There are 2 views on the effect of the temporary separation separation of movables movables from the immovables immovables to which they are attached: a. They continue to be regarded as immovables. b. Fact of sepa eparatio ation n determ termin ines es the the cond conditi ition on of the the obje object ct (suppo (supporte rted d by Paras and Tolentino)

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4. Statu Statues, es, relief reliefs, s, paint painting ings, s, or other other objec objects ts for use or ornamentation ornamentation Requisites: a. Pla Placed ced by the the owne owner or by a tenan tenantt as agent of the owner b. With ith the the inte inten ntio tion of attac taching ing the them perma permanen nently, tly, even even if adhere adherence nce will will not not involve breakage or injury

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If the machine is still in the building, but is no long longer er used used in the indu industr stry, y, the the mach machin ine e reverts to the condition of a chattel. On the other hand, if still needed for the industry, but separated from the tenement temporarily, the prop proper erty ty cont contin inue ues s to be an imm immovab ovable le (Paras, p.20).

6. Anim Animal al hous houses es,, pige pigeon on house houses, s, beeh beehiv ives es,, fish ponds, etc. Requisites: a. Plac Placed ed by by the owne owner, r, or by by a tena tenan nt as agent of the owner, with the intention of permanent permanent attachment b. Forms Forms a perma permanen nentt part part of the the immova immovable ble 7.

Fertilizer “Actua “Actually lly used” used” means means that it has been spread over the land. •

8. Mines, Mines, quarr quarries ies and slag slag dump dumps s They are considered as realty only if the matter matter remains remains unsevered unsevered from the soil. Once severed, they become personalty. •

5. Mach Machin iner ery, y, rece recept ptac acle les, s, inst instru rume ment nts, s, or implements for an industry or works Requisites:

9. Dock Docks s and and Stru Struct ctur ures es

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San Beda College of Law •

Vessels are considered personal property under the Civil Law as well as under the com common law, law, alth althou ough gh occa occasi sion onal ally ly referred to as a peculiar kind of personal property. (Phil. Refining Co., Inc. vs. Jarque GR No. 41506, March 25, 1935).

10. Contract Contracts s for Public works, works, and servitudes servitudes and other real rights A personal personal right is always regarded regarded as personal property. The exception is in the case of contracts for public works which are considered as real property. MOVABLE PROPERTIES •

Tests: 1. By exclus exclusion ion:: all not includ included ed in Art. Art. 415 415 2. By desc descrip ription tion:: an obje object ct is mova movable ble if: a. It ca can be tr transported from place to place; b. Without substantial injury to t he he immovable to which it is attached. 3. Real Real Propert Property y conside considered red as as persona personall propert property y by special provision of law. Kinds of Movable Properties (ASFTOS): 1. Those movables movables susceptible susceptible of appropriation which are not included in the preceding article 2. Real property which by any special provision of law is considered personalty personalty 3. Forces orces of natur nature e which which are broug brought ht unde under r control by science 4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed (Art. 416) 5. Obligations and actions which have for their object movables or demandable demandable sums 6. Share hares s of agri agricu cult ltur ural al,, comm commer erci cial al and and industrial entities, although they may have real estate (Art. 417) Classifications of Movables: 1. By Na Nature: a. Consumable - cann cannot ot be used used accord according ing to its natur nature e withou withoutt it being being consumed. b. Non-consumable - any other kind of movable property (Art. 418). 2. By Intenti ention on:: Fungible - rep replace laceab able le by an a. equal quality and quantity, either by nature of things or agreement. agreement. Non-fungibles irrep irrepla lace ceab able le b. becau cause ide identica ticall object jects s must be returned.

MEMORY AID IN CIVIL LAW| 44 Note: Note: The New Civil Civil Code, Code, in many many instan instances ces,, uses the ter terms consumable and fungible interchangeably. PROP ROPERTY RTY IN RELA RELATI TIO ON TO WHOM HOM IT BELONGS (Arts. 419–425) Property is either of: 1. public lic dom domin inio ion n 2. priv privat ate e owne owners rshi hip p I.

Prop Proper erty ty of of Publ Public ic Dom Domin inio ion n

Concept : It does not import the idea of ownership. It is not owned by the state but simply under its jurisdiction jurisdiction and administra administration tion for the collective collective enjoym enjoyment ent of people people.. The The ownersh ownership ip of such properties is in the social group, whether national, provincial or municipal. Purpose: To serve the citizens and not the state as a juridical person. Kinds: use – may be used used by by anybody anybody 1. For public use – 2. For public service service – may be used only by authorized persons 3. For the development of national wealth The charging of fees to the public does not dete determ rmin ine e the char charac acte terr of the the prop proper erty, ty, whether it is of public dominion or not. Art. 420 defin defines es prope property rty of public public dominio dominion n as one one “inte inten nded for for public use”. Even ven if the the government collects toll fees, the road is still “intended for public use” if anyone can use it under the same terms and conditions as the rest rest of the the pub public (MIIA IIA vs. vs. CA, CA, GR No. 155650, July 20, 2006 ). ). •

Characteristics: (OI-PAE) 1. Outside the commerce of man i s no longer needed for 2. Inalienable, but when it is publ public ic use use or serv service ice,, it may may be decl declar ared ed patrimonial property. 3. Cannot be acquired by prescription 4. Not subject to attachment or execution 5. Cannot be burdened with easements Note: They CANNOT be registered under the land registration law and be the subject of a Torrens title title.. The The char charac acte terr of publ public ic prop proper erty ty is not not affected by possession or even a Torrens Title in favor of private persons (Pal (Palan anca ca vs. vs. Commonwealth, Commonwealth, GR No. 46373, Jan. 29, 1940). As property property of public public dominion, dominion, the Roppong Roppongii • lot is outside the commerce of man. The fact that it has not been used for a long time does not not autom automati atical cally ly conver convertt it to patrim patrimon onial ial property. The conversion happens happens only if the aban abandon donme ment nt is definit definite e and upon upon a forma formall


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declaration on the part of the government to withdraw it from public use (Laurel vs. Garcia GR No. 92013, July 25, 1990). 1990). The Execut Executive ive and and possib possibly ly the Legisl Legislativ ative e Departments have the authority and the power to make the declaration (Natividad ( Natividad vs. Director of Lands 37 O.G. 2906 ). ). Property of Private Ownership Ownership

Kinds: 1. Property owned by the state and its political subdivi subdivision sions s in their their privat private e capaci capacity ty and and is known as patrimonial property (Art. 421-424) Property rty belon belongin ging g to private private person persons s (Art. 2. Prope 425)

Patrimonial Property of the State 1. Prop Proper erty ty of the Stat State e owne owned d in a priva private te or proprietary capacity 2. Property of public dominion, when no longer intended for public use or public service, shall form part of the patrimonial property 3. The state state has has the same same rights rights over over this kind kind of property property as a private private individual individual in relation relation to his own private property Property of Political Subdivisions Property rty for public public use – consist consist of roads, roads, 1. Prope streets, streets, square squares, s, founta fountains ins,, public public waters waters,, prom promen enad ades es and and publ public ic works works for for publ public ic service paid for by the LGUs. Note: Note: The The enume enumerat ration ion in Art. Art. 424 424 are not exclusive. Patrimoniall Property Property – all other properties properties 2. Patrimonia poss posses esse sed d by LGUs LGUs witho without ut prej prejud udice ice to provisions of special laws Note: Note: Arts. Arts. 423 423 and and 424 424 speak speak of prope property rty for publ public ic use, use, indi indica catin ting g that that prop proper erty ty for publ public ic service service is patrim patrimon onial. ial. Howeve However, r, the Supre Supreme me Court, in Province Province of Zamboan Zamboanga ga Del Norte Norte vs. City of Zamboanga (GR No. L-23922, June 30, 1969), categorically stated that “this court is not inclined to hold that municipal property held and devoted to public service is in the same category as ordinary private property. The classification of municip icipal al prop roperty rty devo evoted ted for for disti istin nctly ctly governmental purposes as public, under the Law of Municipal Corporations, should prevail over the Civil Civil Code Code in this particul particular ar case.” The Law of Munic Municip ipal al Corp Corpor orat ation ions s was was cons consid ider ered ed as a special law in the context of Art. 424 of the NCC. Properties of public dominion devoted to public • use are outsid outside e the commerc commerce e of men men and cannot be disposed of or leased by the LGU to privat private e person persons. s. LGUs LGUs have have no author authority ity to

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control or regulate the use of public properties unless specific authority is vested upon them by Congress (Ma (Macas casian iano o vs. Diokno Diokno GR N. 97764, August 10, 1992 ). ). OWNERSHIP The rights to enjoy, dispose, and recover a thing without without further further limitations limitations than those established established by law or the will of the owner. SUBJECT-MATTER (Art. 427) 1. thing thing - usua usually lly refer refer to corpo corporea reall prop propert erty y 2. right right - whethe whetherr real real or perso personal nal,, are class classifie ified d as incorporeal property RIGHTS INCLUDED: 1. Right to enjoy: (PUFA) (PUFA ) a. to possess (jus possidendi) to use (jus utendi) b. c. to the the f ruits ruits (jus (jus frue fruend ndi) i) and and accessions to abuse (jus abutendi) d. 2. Righ Rightt to to disp dispos ose: e: (DA (DATE TE)) a. to destroy to alienate b. c. to transform d. to encumber 3. Righ Rightt to to vin vindi dica cate te:: (PR (PR)) pursuit a. b. r ecovery ecovery 4. Righ Rightt to to exc exclud lude: e: (ER) (ER) to enclose, fence and delimit 1. 2. to r epel epel intrusions even with force CHARACTERISTICS: (GEEPI) 1. General – the right to make use of all the possibilities or utility of the thing owned, except those those attache attached d to other other real real rights rights existin existing g thereon. 2. Elastic – power/s power/s may be reduced reduced and thereafter thereafter automatica automatically lly recovered recovered upon the cessation of the limiting rights. 3. Exclusive – there can only be one ownership over a thing thing at a time. time. There There may be two two or more owners but only one ownership. 4. Perpetuity – ownership lasts as long as the thing exists. It cannot be be extinguished by non user but only by adverse possession. 5. Independence – it exists without necessity of any other right. LIMITATIONS: (GOSIP) 1. General limitations imposed by the State for its benefit 2. Limitations imposed by the owner himself 3. Specific limitations imposed by law

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MEMORY AID IN CIVIL LAW| 46

4. Inherent nherent limitations arising from conflict conflict with

i. Forcible entry (detencion): An action for recovery recovery

other rights 5. Limitations imposed by the party transmitting the property either by contract or by will

of mater material ial posses possession sion of real real proper property ty when when a pers person on orig origin inal ally ly in poss posses essio sion n was was depr deprive ived d thereof thereof by force, force, intimidation intimidation,, strategy, strategy, thre t hreat at or stealth. ii. Unlawful Unlawful Detainer Detainer (desahuico (desahuico): ): An acti action on for for recovery of possession of any land or building by a landlord, vendor, vendee, or other person against whom the possession of the same was unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract.

DE FACTO CASE FACTO CASE OF EMINENT DOMAIN Exprop Expropriat riation ion result resulting ing from from the action actions s of nature as in a case where land becomes part of the sea. sea. The owner owner loses loses his proper property ty in favor of the state without any compensation. When the sea moves towards the estate and • the the tide tide invad invades es it, the the inva invade ded d prop proper erty ty becom becomes es foresh foreshore ore land land and and passes passes to the realm of the public domain (Republic vs. CA, GR No. 100709, November 14, 1997). •

PRINCIPLE OF SELF-HELP (Art. 429) The owner or lawful possessor of a thing has the the right right to exclu exclude de any any pers person on from from the the enjoyment and disposal of the property by the use use of such such forc force e as may may be necess necessar ary y to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property. Requisites: (RONA) 1. r easonable easonable force 2. owner or lawful possessor is the person who will exercise 3. no delay in one’s exercise 4. actual or threatened physical invasion or usurpation

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DOCTRINE DOCTRINE OF INCOMPLE INCOMPLETE TE PRIVILEGE PRIVILEGE OR STATE OF NECESSITY (Art. 432) General rule: rule: A person cannot interfere with the right of ownership of another.

Forcible Entry and Unlawful Detainer Distinguished UNLAWFUL FORCIBLE ENTRY DETAINER As to when possession possession became became unlawful unlawful Possession of the defe defend ndan antt is unla unlawf wful ul from the beginning as he acquires acquires possession possession by for force, int intimid imida ation ion, strategy, threat or stealth

Possession is incep inceptive tively ly lawful lawful but but beco become mes s illeg illegal al from from the the tim time defe efendant ant unla unlawf wful ully ly with withho hold lds s poss posses essio sion n afte afterr the the expiration or termination of his right thereto.

As to the the necessity necessity of deman demand d

Exception: Doctrin Doctrine e of Incom Incomple plete te Privileg Privilege e or State of Necessity Requisites: (ID) terfe eren rence necess cessa ary to avert vert an 1. Interf imminent and threatened danger 2. Damag amage e to anothe anotherr much much greate greaterr than than damage to property

No previous demand for Demand is the defendant to vacate jurisdictiona jurisdictionall if the is necessary ground is non– payme payment nt of rentals rentals or failure failure to comply comply with the lease contract

LEGAL REMEDIES TO RECOVER POSSESSION OF ONE’S PROPERTY: 1. Pers Perso onal nal Pro Prope pert rty y Replevin – a rem remedy edy for for the the reco recove very ry of poss posses essio sion n of pers person onal al prop proper erty ty which which is governed by Rule 60 of the Rules of Court 2. Rea Real Prope ropert rty y a. Accion interdictal interdictal : A summary summary action to recover physical or material possession of property. It must be brought in the proper munici municipa pall trial trial court court or metrop metropolit olitan an trial trial cour courtt within within one year year from from the time the cause of action arises.

Plaintiff must prove that Plaintiff need not have he was in prior physical been been in prior prior physic physical al possession of the possession prem premise ises s until until he was was deprived deprived thereof by the defendant

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As to necess necessity ity of proof proof of of prior prior physical physical possession

As to when the 1 year period period is coun counted ted from from 1 year period is genera generally lly counte counted d from from the date of actual entry on the land

1 year period is counted from the date of last demand or last letter of demand

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Law b. Accion publiciana publiciana: An ordinary ordinary civil proceeding to recover the better right of possession of property and is resorted to when when the dispo disposse ssessio ssion n has has lasted lasted for more than 1 year. The issue involved is not • posses possessio sion n de facto facto but but posses possession sion de jure of realty realty independ independent ent of the title. Must Must be brou brough ghtt in the the prop proper er regional trial court within a period of 10 years from the time the cause of action arises. c. Accion reivindicatoria: reivindicatoria: An action to recover real property based on ownership. The The objec objectt is the recove recovery ry of domin dominion ion over the property as owner. Must Must be brou brough ghtt in the the prop proper er regional trial court within a period of 10 years from the time the cause of action arises. Requisites: i. The thing thing must must be corp corpore oreal, al, conc concret rete, e, and determinate ii. ii. Proo Prooff of of ide iden ntity tity iii. Proof of title (Reyes-Puno, (Reyes-Puno, p.24) p.24) •

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SURFACE RIGHTS (Art. 437) The owner of parcel of land is the owner of its surface and everything under it. Limitations: Horizontally: extends up to the boundaries boundaries Vertically: extends below the surface and above it to the extent required by the economic interest of or utility to the owner, in relation to the exploitation that may be made of the property Airspace: Airspace: the the owne ownerr cann cannot ot com complai plain n of the the reasonable requirements requirements of aerial navigation HIDDEN TREASURE (Arts. 438 & 439) Any hidden or unknown deposit deposit of money, money, jewelry or other precious objects, the lawful ownership of which does not appear General rule: It belongs to the owner of the land, building or other property on which it is found. Exceptions: The finder is entitled to ½ provided: 1. Disc iscovery was made on the the property of another, or of the state or any of its political subdivisions; 2. The findin finding g was was made made by by chanc chance; e; 3. The The finde finderr is not a co–ow co–owne nerr of the prop proper erty ty where it is found; 4. The finde finderr is is not not a tres trespas passer ser;; 5. The find finder er is not not an agent agent of of the land landown owner; er;

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6. The finder is not married under the absolute community or the conjugal partnership system (otherwise his share belon longs to the community). •

It is necessary that no known owner appears. “Hence, that money found in a library, when the books were delivered to the legatees in a test testam amen enta tary ry proc procee eedi ding ng,, coul could d not be considered a treasure because it was shown that the library had been used by the testator and that money consisted, in greater part, of this kind in circulation during the life of the testator” (1 Capistrano 394).

ACCESSION (Arts. 440– 475) The right by virtue of which the owner of a thing becomes the owner of everything that is produced ther thereb eby y or whic which h is inco incorp rpor orat ated ed or atta attach ched ed thereto, either naturally or artificially. ACCESSORIES - things joined to or included with the principal thing for the latter’s embellishment, better use, or completion

Classifications: 1. Accession Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby Fruits - all period periodica icall addit addition ions s to a princip principal al thing produced by forces inherent to the thing itself Requisites: a. increase or or ad addition to to th the or origi iginal thing b. at repeated intervals c. by inherent forces Kinds of Fruits natu natura rall fru fruits its – spon sponta tan neous eous a. products of the soil, the young and other products of animals b. industrial fru fruits – those pr produced by lands of any kind through cultivation cultivation or labor c. civil fruits – rents of buildings, price of leases or lands and the amount of perpetual or life annuities or other similar income Bonu Bonus s to plan plante ters rs for for the the risk risk undergone in mortgaging property is NOT a civil civil fruit fruit of the the mort mortga gage ged d prop proper erty ty •

San Beda College of Law (Bachra Bachrach ch Motor Motor Co. vs. Talisa Talisay-S y-Silay ilay Milling Co. GR No. 35223, September 17, 1931). 1931). owner of the principa principall General General rule: To the owner belongs the natural, industrial, and civil fruit. Exceptions: Exceptions: If the thing is: (PULA) a. in possession of a possessor in good faith; subject to a usufruct; b. c. leased or pledged; or d. in poss posses essio sion n of an antichretic creditor Gene Genera rall rule rule:: Expe Expens nses es of prod produc uctio tion, n, gathering and preservation (whether more or less than the value of the fruits) must be borne by the receiver of the fruits. Exception: The rule does NOT always apply to pending fruits. Accession Continua Continua – the right pertaining to 2. Accession

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the owner of a thing over everything that is inco incorp rpor orat ated ed or atta attach ched ed ther theret eto o eith either er naturally or artificially; by external forces. a. With respect to real property accession industrial building, planting, sowing accession natural allu alluviu vium, m, avul avulsio sion, n, chan change ge of cour course se of rive rivers rs,, form format atio ion n of islands to personal onal property property b. With respect to pers adju adjunc nctio tion n or con conju junc nctio tion n comm commixt ixtio ion n or conf confus usio ion n spec specif ific icat atio ion n •

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i. ii. iii. iii.

Basic Principles: (GONE BAD) 1. He who is in good fait faith h may be held responsible but will not be penalized. 2. To the owner of a thing belongs the extension or increase of such thing. 3. Bad faith of one party neutralizes the bad faith of the other. 4. There should be no unjust enrichment at the expense of others. 5. Bad faith involves liability for damages. 6. Accessory follows the principal. 7. Accession Accession exists only if the incorpora incorporation tion is such such that that separa separation tion would would either either seriou seriously sly damage the thing or diminish its value. Righ Rightt of Acce Access ssion ion With With Resp Respec ectt To Real Real Property Accession Accession Industrial Industrial Table of Rights and Obligations: Obligations :

MEMORY AID IN CIVIL LAW| 48 LANDOWNER (LO) Good Faith Acquire improvements and pay to B, P, S indemnity; ty; subsidiarily liable liable to owne owner r of materials a. sell land to B or P except ept if the value of the land is considerably more b. rent to S (448, 546, 455) Good Faith Acquire improvements and pay indem indemnit nity y to B, P, S A. Sell to B, P except if the value of land is considerably more, forced lease Without subsidiary liability liability for cost cost of material Good Faith Option to: Acquire improvement w/o paying inde indemn mnity ity and and collect damages, or Demo Demoli liti tion on or restoratio restoration, n, and collect damages, or Sell to B, P or rent rent to S, and collect damages Pay Pay necess necessar ary y expen expenses ses to B, P, S (449, 450, 451)

BUILDER, PLANTER, SOWER (B,P,S) Good Faith Right of reten tention ion for neces necessa sary ry and and useful expense Pay value of materials to owner of materials

OWNER OF THE MATERIALS (OM) Good Faith Collect value of materials primarily from B, P, S; subsidiarily subsidiarily from land owner if B, P, S insolvent Remove only if with withou outt inju injury ry (455, 447)

Good Faith Right of reten tention ion for neces necessa sary ry and and useful expenses Keep Keep buil buildi ding ng,, planting or sowing w/o indemnity to owner of mate materi ria als and collect damages (546, 449)

Bad Faith Lose them witho without ut right right to indemnity (449)

Bad Faith Recover necessary expen penses ses for for preservation Lose improvements w/o right to indem indemnit nity y from from LO (452) unless the LO sells land

Bad Faith Reco Recove verr value value from B, P, S (as if both both acted acted in good faith) If B, P, S acquires improvements, remove mater materia ials ls if w/o injury (447) No action versus LO

Bad Faith {Same as though all acted in good faith (453)} Bad Faith Good Faith Good Faith Acquire Remove Remove improvements improvements in mater materia ials ls if w/o after paying any event injury inde indemn mnity ity and and Be indem indemnif nified ied Collect Collect value value of dama damage ges s to B, for damages materials, P, S primarily from B, Subsidiarily P, S; subsidiarily subsidiarily liable liable to owne owner r from from LO (447 (447,,

San Beda College of


Law of materials (454, 447, 455) Bad Faith Acquire improvements after after indem indemnit nity y to B, P, S; subsidiarily liable liable to owne owner r of materials a. Sell Sell to B, P except cept:: if the the value is considerably more b. Rent to S (453, (453, 448, 546, 548, 455) Good Faith Option to: Acquire w/o paying inde indemn mnity ity and and collect damages Sell to B, P and rent to S and collect damages Demolish or restore and collect damages Pay Pay neces necessa sary ry expen expenses ses to B, P, S Subsidiarily liable liable to owne owner r of materials (449, 450, 451) Bad Faith Acquire improvements & pay indemnity & dama damage ges s to B, P, S (454,447)

455) Bad Faith Right of reten tentio tion for necessary expenses Pay value of materials to owner of materi teria als and pay him damages damages (546, (546, 447)

Good Faith Collect Collect value of materials primarily form B, P, S; subsidiarily subsidiarily from LO 2. Collect damages 3. If B, P, S acquires improvements remove materials in any event (447, 455)

Bad Faith Recover necessary expenses expenses (452, (452, 443) Lose improvements w/o right of rete retent ntio ion n from from LO (452) unless LO sells the land

Good Faith Collect Collect value of mate materi ria als and dama damage ges s from from B, P, S and subsidiarily subsidiarily from LO Remove materials in any event if B, P, S acquires improvements

Good Faith Inde Indemn mnit ity y for for damages Remove improvements in any event (454,447)

Bad Faith No inde indemn mnit ity; y; lose lose mate materi rial als s (449)

Article 448: 448: Application Application:: Applies Applies only when the the builder, builder, planter planter or sower sower • believes he has the right to build, plant or sow beca becaus use e he thin thinks ks he owns owns the the land land or beli believ eves es hims himsel elff to have have a clai claim m of titl title e (Morales vs. CA, GR No. 126196, January 28, 1998). When When the co-own co-owners ership hip is termin terminate ated d by a • partition and it appears that the house of an erstwh erstwhile ile co-own co-owner er has encroa encroache ched d upon upon a portion pertaining to another co-owner which was however however made in good good faith, faith, then then the prov rovisio ision ns of Art. 448 448 shou should ld app apply to determine the respective rights of the parties

49

•

•

(Ignao (Ignao vs. Intermedia Intermediate te Appellate Appellate Court GR No. 72876, January 18, 1991). Does not apply where one’s interest in the land is merely that of a holder such as a mere lessee under a rental contract (Balucanag vs. Francisco GR No. L-33422, May 30, 1983) , an agen agent, t, or a usuf usufru ruct ctua uary ry (Macas (Macasaet aet vs. Macas Macasaet aet GR No. 15439 154391, 1, Septem Septembe berr 30, 2004). 2004). The provision on indemnity in Art. 448 may be applied by anal analog ogy y cons consid ider ering ing that that the the primary intent of the law is to avoid a state of forced forced co–own co–owners ership hip especia especially lly where where the part partie ies s agre agree e that that Arts Arts.. 448 448 and and 546 546 are are applicable and indemnity for the improvements may may be paid paid alth althou ough gh they they diffe differr as to the the basis of the indemnity. It is the current market value of the improvements which should be made made the the basi basis s of reim reimbu burs rsem emen entt to the the builder in good faith (Pecson vs. CA, GR No. 94033, May 29, 1995).

Options of the landowner: l andowner: The owner of the land shall have the right to • appropriate as his own the building, planting or sowing, after payment of the necessary and useful expenses. The owner of the land may also oblige the builder, planter or sower to pay the price of the land. If the owner chooses to sell his land, the builder, etc. must purchase the land; otherwise, the owner may remove the improvements thereon. The builder, etc. is not oblig obliged ed to purc purcha hase se the land if its valu value e is considerably more than the building. In such case, the builder, etc. must pay rent. If the partie rties s cann annot com come to term terms s over ver the the conditions of the lease, the court must fix the term terms s ther thereo eof. f. (Ball Ballat atan an vs. vs. CA, CA, GR No. No. 125683, March 2, 1999). 1999 ). The landowner may not refuse both to pay for • the building and to sell the land and instead seek to compel the owner of the building to remo remove ve the the build building ing from from the land. land. He is entitle entitled d to such such remova removall ONLY ONLY when, when, after after having chosen to sell the land, the other party fails to pay for said land (Ignacio vs. Hilario GR No. L-175, April 30, 1946). Should no other arrangement be agreed upon, • the owner of the land does not automatically beco become me the the owne ownerr of the the impr improv ovem emen entt (Filipinas Colleges, Inc. vs. Timbang GR No. L-12812, September 29, 1959). Right to choose: It is the owner of the land who must exercise • the the optio option n beca becaus use e his his right right is older older and and because, by the principle of accession, he is


•

entitle entitled d to the owners ownership hip of the access accessory ory (Ber (Bern nardo ardo vs. vs. Bata Batacl clan an GR No. No. 4460 44606, 6, November 28, 1938). The so-called “workable solution,” as provided in the case of Grana of Grana vs. CA (GR No. L-49219, April 18, 1988) 1988) is one where the Court orders the owner of the land to sell to the builder, etc. the part of the land intruded upon, and thereby depriving him of his right to choose, because it woul would d be impr imprac acti tica call to choo choose se the the firs firstt alternative for the whole improvement might be rendered useless.

Accession Accession natural natural 1. Alluvion Alluvion or Alluviu Alluvium m (Art. 457-458) Incr Increm emen entt which ich lan lands abu abuttin tting g riv rivers ers gradually receive as a result of the current of the waters Accretion Accretion - the process by which a riparian land land gradu gradually ally and and imperc impercept eptibl ibly y receiv receives es addition made by the water to which the land is is contiguous Requisites of alluvion or accretion: a. the deposit or accumulation of soil or sedime iment must be gradual and imperceptible (increase must be comparatively little) b. the accretion must re result fr from the effects or action of the current of the water c. that the land where accretion takes place is adjacent to the bank of the river Accretions Accretions belong belong to the riparian riparian owne owners rs upon upon whos whose e land lands s the the allu alluvia viall deposit osits s were were made (Agu (Agust stin in vs. vs. Interm Intermedi ediate ate Appell Appellate ate Court Court GR Nos. Nos. 66075-76, July 5, 1990). 1990) . •

Reasons for the rule: a. To compensate the owner for losses which they may suffer by erosion. b. To compensate them for the burde burdens ns of legal legal easem easemen ents, ts, which which are imposed upon them c. Because it i t is i s th t he ow owner of of th t he con contigu tiguou ous s land land who who can can util utiliz ize e the the increment to the best advantage d. Because th this i s th the on only fe feasible solution, since the previous owners can no longer be identified. An alluvion alluvion is automa automatically tically owned owned by the riparian owner from the moment the soil deposit can be seen but the additional area area does does not not auto automa matic tical ally ly beco become me •

MEMORY AID IN CIVIL LAW| 50 registered land just because the lot which receives such accretion is covered by a Torre Torrens ns title. title. The ripari riparian an owner owner must must register register the additional additional area (Heirs of E. Navarro vs. Intermediate Appellate Court GR No. 68188, October 13, 1997). Failur Failure e to registe registerr the acquir acquired ed • alluvial deposit by accretion subjects said accretion to acquisition thru prescription by third persons (Reynante vs. CA, GR No. 95907, April 8, 1992). A riparian riparian owner owner cannot cannot acquire acquire • the addition to his land caused by special works (e.g., dikes) expressly intended by him him to brin bring g abou aboutt accr accret etion ion (i.e. (i.e.,, for for reclamation purposes) and not to protect his property from the destructive force of the waters of the river (Republic vs. CA, GR No. L-43105, August 31, 1984). In the absence absence of evide evidence nce that • the change in the course of the river was sudd sudden en,, the the pres presum umpt ptio ion n is that that the the change was gradual and was caused by allu alluviu vium m and and eros erosio ion n (Payatas-Estate Improvement Co. vs. Tuason GR No. L30067, March 23, 1929). 2. Avulsion Avulsion (Art. 459) The transfer of a known portion of land from one tenement to another by the force of the current. The portion of of land must be such that it can be identified as coming from a definite tenement.

Requisites: a. the se segregation ion an and tr transfer mu must be caused by the current of a river, creek or torrent b. the se segregation ion an and tr transfer mu must be sudden or abrupt c. the portion of land transported must be known or identified Note: Note: The owner owner must must remove remove (not merely merely claim) the transported portion within two years to retain ownership. Art. 460 applies applies only to uprooted • trees. If a known portion of land with trees standing thereon is carried away by the current current to another another land, Art. 459 govern govern and the 2 year period applies. In case case of upro uproote oted d tree trees, s, the the • owner owner retain retains s owners ownership hip if he makes makes a claim claim withi within n 6 mont months hs.. This This does does not not include trees which remain planted on a known portion of land carried by the force of the waters. waters. In the latter case, the trees trees

San Beda College of


Law are regarde regarded d as access accession ions s of the land through gradual changes in the course of adjoin joinin ing g stre strea am (Payatas-Estate Improvement Co. vs. Tuason GR No. L30067, March 23, 1929).

i. if near nearer er to one one marg margin in or ban bank k – to the nearer riparian owner ii. if equid equidista istant nt from from both both ban banks ks – to the the riparian owners, by halves There is no acces ccess sion ion when islands are formed by the branching of a river; the owner retains ownership of the isolated piece of land.

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Alluvium Alluvium and and Avulsio Avulsion n Distinguish Distinguished ed ALLUVIUM ALLU VIUM AVULSION AVUL SION gradual imperceptible

and sudden process

soil cannot be ide identified

or

identifiable verifiable

abrupt and

Right of Accession With Respect To Personal Property

belongs to the owner of belong belongs s to the owne owner r the property to which it is from whose property it attached was detached

Basic Principle: Accession exists only if separation is not not feasib feasible. le. Otherw Otherwise ise,, separa separation tion may may be demanded.

3.

Kinds: Adjunction// conjunction conjunction (Arts. 466-471) 466-471):: The 1. Adjunction union union of two mova movabl ble e thing things s belo belong ngin ing g to different owners, in such a manner that they cannot cannot be separated separated without injury, thereby thereby forming a single object

Change of Course of Rivers (Art. 461–462) Requisites: (NAPA) There must be a natural change in a. the the cour course se of the the wate waters rs of the the rive river; r; otherwise, the bed may be the subject of a State grant (Reyes–Puno, p.54). The The chan change ge must must be abrupt brupt or b. sudden c. The change must be permanent; the the rule rule does does not not appl apply y to temp tempor orar ary y overflowing d. There There must be abandonment bandonment by the owner of the bed i.e. a decision not to brin ring back ack the the rive riverr to the the old bed. ed. (Reyes–Puno, p.53). Once nce the the rive riverr bed bed has has been been aband abandone oned, d, the owner owners s of the invade invaded d land land becom become e owners owners of the aband abandon oned ed bed to the extent as provided by Art. 462. No positive act is needed on their part, as it is subj subjec ectt ther theret eto o ipso ipso jure jure from from the moment the mode of acquisition becomes evident. It does not apply to cases where the river simply dries up because there are no persons whose lands are occupied by the waters of the river. •

•

4.

Formation of Islands (Arts. 463–465) Rules on Ownership: a. If formed by the sea: i. within within territo territoria riall wate waters rs – State State ii. outs outsid ide e territo territori rial al wate waters rs – to the firs firstt occupant If formed in lakes, or navigable or b. floatable rivers – State c. If formed on non–navigable or non–floatable rivers:

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Requisites: a. the two things must belong to different owners b. that they form a single object, or that their separation would impair their nature Kinds: a.

b. i. ii. c. d. e.

inclusion or engraftment soldadura or soldering ferruminacion – if both the accessory and principal objects are of the same metal plumbatur plumbatura a – if the the acce access ssor ory y and and princ rincip ipal al obje object cts s are are of diffe iffere rent nt materials escritura or writing pintura pintura or painting tejido or weaving

Tests to determine principal in adjunction: the the “ru “rule of imp importa rtance and a. purpose” (Art. 467) b. that of of gr greater va value – if th they ar are of unequal values c. that of greater volume – if they are of equal values d. that of of gr greater me merits – ta take in into cons conside idera ratio tion n all all pert pertin inen entt prov provis ision ions s appl applic icab able le as well well as the comp compar arat ativ ive e merits, utility and volume Rules on Who is Entitled:

San Beda College of Law a. Adjunction in in go good fa faith by by ei either owner: Gener General al rule: rule: Acce Access ssor ory y follo follows ws the principal Exceptions: Exceptions: If the accessory is much more precious than the principal, the owner of the accessory may demand the separation even if the principal suffers some injury b. Adjunction in bad faith by the owner of the principal Options of the owner of the accessory: i. to reco recover ver the value value plus plus dama damages ges ii. to dema demand nd separ separatio ation n plus plus dam damag ages es c. Adjunction in bad faith by the owner of the accessory i. he lose loses s the the acce access ssor ory y ii. he is liab liable le for for dam damag ages es When separation of things allowed: i. sepa separa ratio tion n with withou outt injur injury y ii. acce access ssor ory y is more more prec preciou ious s than the the principal iii. iii. owne ownerr of the prin princi cip pal acte acted d in bad bad faith Mixture e (Arts. (Arts. 472-4 472-473 73)): Union Union of mater material ials s 2. Mixtur where the components lose their identity Kinds: a. b.

Commixtion – mi mixture of so solids Confusion – mi mixture of liliquids

Rules: a. By th the wi will of of bo both ow owners or or by by accident: each owner acquires an interest in proportion to the value of his material b. By on one ow owner in in go good fa faith: ap apply rule (a) c. By one owner in bad faith: i. he loses all his his righ ights to his own own material ii. he is liab liable le for for dam damag ages es 474): The transformation of 3. Specification (Art. 474): another’s material by the application of labor. The material becomes a thing of different kind. Labor is the principal Rules:

a.

Owner of the principal (worker) in good faith: i. maker maker acquir acquires es the new new thin thing g ii. ii. he must must indem indemn nify ify the the owne ownerr of the material Exception: if the material is more valuable than the resulting thing, the owner of the material has the option:

MEMORY AID IN CIVIL LAW| 52 i. to acquir acquire e the work, work, indem indemnify nifying ing for the labor, or ii. to dem demand and indem indemnity nity for for the the mate materia riall b. Owner of of th the pr principal (w (worker) in in bad faith, the owner of the material has the option: i. to acqu acquire ire the the resul resultt withou withoutt indem indemnity nity ii. to dema demand nd indem indemni nity ty for the mate materia riall plus damages c. Owner of the material ial in bad faith i. he lose loses s the the mate materia riall ii. he is lia liabl ble e for for dam damag ages es Indemnity of the material, how paid (Art paid (Art 471): 471): a. The de delivery of of th the sa same qu quality, kind and quality; or b. The pa payment of of th the value, as as pe per expert appraisal. In determining the value, sent sentim imen enta tall valu value e must must be take taken n into into account. •

Adjunction Adjunction,, Mixture Mixture and and Specificati Specification on Distinguished ADJUNCTION ADJUN CTION MIXTURE MIXT URE SPECIFICAT SPECI FICATION ION Involves at Invo Involv lves es least 2 things least things Accessory Accessory follows principal Thin Things gs retain nature

at 2

Cothe ownership results

join joined ed Things their mixed or confused may eithe ither r retain or lose their respective natures

May involve one thin thing g (or (or more more)) but form is changed Accessory Accessory follows principal

the

The The new new obje object ct retains or pres reserve erves s the the nature of the original object.

QUIETING OF TITLE (Arts. 476–481) Cloud on title A semblance semblance of title, either legal legal or equitable, equitable, or a claim or a right in real property, appearing in some legal form but which is, in fact, invalid or which would be inequitable to enforce Action to quiet title An action to remove remove cloud or to quiet title is a remed remedy y or procee proceedin ding g in equity, equity, the purpo purpose se of which is the declaration of the invalidity of a claim on a title or the invalidity of an interest in property adverse to that of the plaintiff, and thereafter to free the plaintiff and those claiming under him form any hostile claim thereon.

San Beda College of


Law General General rule: Only Only real real prope property rty could could be the subject matter of quieting of title. Exception: Cert Certai ain n pers person onal al prop proper ertie ties s vessels may be the object of quieting of title.

like like

Nature: Actions Actions for quieting quieting of title are neither neither suits in rem nor suits in personam. personam. They are suits against a partic particula ularr perso person n in respec respectt to the res and the judgmen judgmentt will apply apply only to the property property in dispute. They They are are suit suits s quas quasii in rem rem (Rea (Realt lty y Sale Sales s Enterprises Enterprises,, Inc. vs. Intermedia Intermediate te Appellate Appellate Court Court GR No. L-67451, September 28, 1987). Requisites: (LCD-R) 1. plaintiff must have a legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. there must be a cloud in such title; 3. such cloud must be due to some instrument, record record,, claim, claim, encum encumbra brance nce or procee proceedin ding g which is APPARENTLY VALID but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiff’s title; and plaintiff iff must must r etu e turn to the the defe defend ndan antt all all 4. plaint benefits he may have received from the latter, or reimburse him for expenses that may have redounded redounded to his benefit. Classes: 1. Remedial (Action to quiet title) - the action may be brought to remove a cloud or quiet title to real property or an interest therein (Art. 476 par. 1) 1) 2. Preventive (Action quia timet) - to prevent a future cloud (doubt) from being cast upon the title to real property or an interest therein (Art. 476 par. 2). Prescriptive Period: 1. plaint plaintiff iff in poss possess ession ion – impr impresc escrip riptib tible le 2. plaintiff not in possession – 10 (ordinary) or 30 years (extraordinary) The action to quiet title does NOT apply: 1. to question ions inv involvin lving g inte interrpretatio tion of documents 2. to mere mere writt written en or oral oral asser assertio tions ns of claim claims, s, EXCEPT: a. if made in a legal proceeding b. if it i t is i s be being as asserted th t hat th t he instrument or entry in plaintiff’s favor is not what it purports to be 3. to bou bound ndar ary y disp disput utes es 4. to deed deeds s by stra strang nger ers s to the title title UNL UNLESS ESS purp purpor orti ting ng to conv convey ey the the prop proper erty ty of the the plaintiff

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5. to inst instrum rumen ents ts inval invalid id on on their their face face 6. wher where e the the validi validity ty of the the instr instrum umen entt invo involve lves s pure questions of law Duty Duty of plai plaint ntif ifff to rest restor ore e bene benefi fits ts and and expenses (Art. 479): 1. Restoration ion is required whenever the complainant is shown to be morally bound to reimburse the defendant 2. Even Even if the deb debtt is not enfo enforc rcea eabl ble e by reaso reason n of the statue of limitations, payment may be required by the court Reason: “He who seeks equity must do equity.” RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING (Arts. 482–483): As to buildings: buildings: The complainant must show that his property is adjacent to the dangerous construction, or must have ave to pass by neces ecessi sity ty in the the immediate vicinity. Lack of knowledge of the falling condition of the structure will not excuse the owner from liability. If the the dama damage ge is caus caused ed by defe defects cts in the the construction, then the builder is responsible for the damages. •

•

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As to trees: trees: The fall of the tree, occasioned by the inaction • or neglig negligenc ence e of the owner, owner, someon someone e has been hurt, the owner of the tree is liable for damages under the law on quasi-delict (Art. 2191, par. 3). CO- OWNERSHIP That form of ownership which exists whenever an undi undivid vided ed thin thing g or right right belon belongs gs to diffe differe rent nt persons. By the nature nature of co–owners co–ownership, hip, a co–owner co–owner • cann cannot ot poin pointt to any any spec specifi ific c porti portion on of the the proper operty ty owned wned in com common as his own because his share in it remains intangible and ideal (Avila et al. vs. Sps. Barabat GR No. 141993, May 17, 2006). The possession of a co–owner is like that of a • trustee and shall not be regarded as adverse to the other co–owner but in fact beneficial to all of them them (Sa (Salvad lvador or vs. vs. CA, CA, G.R. .R. No. No. 109910, April 5, 1995) REQUISITES: 1. Plur Plural alit ity y of of own owner ers s 2. The The obje object ct of of owne owners rshi hip p mus mustt be a thin thing g or or right which is undivided

San Beda College of Law 3. Each Each co–o co–own wner’ er’s s right right must must be be limit limited ed only only to his ideal share of the physical whole CHARACTERISTICS: (PSNCLG) 1. Plurality of subjects/owners 2. there is a single object which is not materially divided 3. there is no mutual representation by the co– owners 4. it exists for the common enjoyment of the co– owners legal personality 5. it has no distinct legal 6. it is governed first of all by the contract of the parties; otherwise, by special legal provisions, and and in defa defaul ultt of such such prov provisi ision ons, s, by the provisions of Title III on co–ownership SOURCES: (C2LOST) 1. Contract 2. Chance 3. Law 4. Occupation 5. Succession 6. Testam estament entary ary disposi disposition tion or donat donation ion inter vivos CO–OWNERSHIP CO–OWNERSHIP AND PARTNERSHIP DISTINGUISHED CO–OWNERSHIP Can be created without the formalities of a contract Has Has no jur juridic idica al or legal personality

PARTNERSHIP Can be create created d only only by contra contract, ct, expres express s or implied Has juridical pers person onal alit ity y dist distin inct ct from the partners Purp Purpos ose e is to obta obtain in profits A partner, partner, unless unless auth author oriz ized ed,, cann cannot ot disp dispos ose e of his his shar share e and substitute another as a partn rtner in his his place.

Purpos Purpose e is collec collective tive enjoyment of the thing Co–owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co–owner. Ther There e is no mutua utuall A partner partner can representation. gener eneral ally ly bind ind the the partnership. Distrib Distributio ution n of profit profits s Distrib Distributio ution n of profit profits s must must be propo proportio rtiona nall is subject to the to the respective stipu ipulation of the inte intere rest sts s of the the co– co– parties owners A co–ownership co–ownership is not Death Death or inca incapa pacit city y dissolved by the death dissolves the or incapacity of a co– partnership owner. No public public instru instrume ment nt May be made in any need needed ed even even if real real form except when real

MEMORY AID IN CIVIL LAW| 54 property is the object of the co–ownership An agreement agreement to keep the thing undivided for a period of more than 10 years is void.

property is contributed There may be agree greem ment as to a definite definite term term withou withoutt limit set by law.

RULES: I. Right Rights s of each each co–ow co–owne nerr as to the thing owned in common: (USBRAP–LDP) 1. To use the thing owned in common Limitations: a. use acco ccording ing to the the purpose for which it was intended b. inte intere rest st of the co–o co–own wner ersh ship ip must must not be prejudiced c. other co–owners must not be prevente prevented d from using using it accordin according g to their own rights 2. To share in the benefits and charges in proportion to the interest of each. Any stipulat stipulation ion to the contra contrary ry is void. void. 3. To the benefits of prescription: prescription by one co–owner benefits all. 4. Repairs and taxes: to compel the others to share share in the expen expenses ses of preser preservat vation ion even if incurred without prior notice. The co–owner being compelled compelled may exempt himself from the payment of taxes and expenses by renouncing his share share equiv equivale alent nt to such such taxes taxes and and expenses. expenses. The value value of the proper property ty at the time of the renunciation will be the basis of the portion to be renounced. 5. Alterations: lterations: to oppose oppose alteration alterations s made made with ithout the con consent of all, ll, even if beneficial. Alteration Alteration is an act by virtue of which a co–owner changes the thing from the state in whic which h the the othe others rs beli believ eve e it shou should ld remain remain,, or withdraws withdraws it from from the use to which they desire it to be intended. rotest against against seriously seriously prejudicial prejudicial 6. To protest decisions of the majority 7. Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another co–owner to a stranger 8. To defend the co–ownership’s interest in court 9. To demand partition at any time Partition is the the divis divisio ion n betwe between en 2 or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from others. The purpose of partition is to separate, divide and assign a thing held in •

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San Beda College of


Law common among those to whom it belongs. (Avila vs. Sps. Barabat GR No. 141993, March 17, 2006).

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General rule: Partition is demandable by any of the co–owners as a matter of right at any time. Exceptions: (SCLUPA) a. When there is a stipulation against it; but not to exceed 10 years. b. When the condition of indivision is imposed by the donor or testator; but not to exceed 20 years. c. When When the the legal egal natu nature re of the community prevents partition. d. When partition would render the thing unserviceable. e. When partition is prohibited by law f. When anoth nother er co–o co–own wner er has has possessed the property as exclusive owner for a period sufficient to acquire it by prescription. II. The The follo followi wing ng quest question ions s are are gove govern rned ed by the majority of interests: 1. Management Acts of Managem Management ent (Castan) a. Those that do not involve an alteration b. Are renewable from time to to time c. Do no not bi bind th the co community fo for a long time in the future d. Do not give rise to a real right over the thing owned in common (Reyes-Puno. p.73). p.73). e. Expenses to improve or embellish are decided by the majority Minority may appeal to the court against the majority’s decision if the same is seriously prejudicial. 2. Enjoyment 3. Improv Improvem ement ent or embel embellish lishme ment nt •

III. III. Right Rights s as to the the ideal ideal shar share e of each each co– co– owner: 1. Each Each has has full full owner ownersh ship ip of his his part part and of of his share of the fruits and benefits 2. Righ Rightt to subst substit itut ute e anot anothe herr pers person on in its its enjoyment, EXCEPT when personal rights are involved 3. Right Right to alien alienate ate,, dispo dispose se or or encum encumber ber 4. Righ Rightt to reno renoun unce ce part part of his inter interes estt to reimburse reimburse necessary necessary expenses expenses incurred incurred by another co–owner 5. Tran Transa sact ctio ions ns enter entered ed into into by each each co– co– owner only affect his ideal share.

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Even Even if a co-ow co-owne nerr sells sells the whole whole property as his, the sale will affect only his his own own shar share e but but not not thos those e of the the other co-owners who did not consent to the sale. This is because the sale or other disposition affects only his share and and the the tran transf sfer eree ee gets gets only only what what would correspond to his grantor in the partiti titio on of the the thi thing owned in common. Since a co-owner is entitled to sell his undivided share, a sale of the entire property property by one co-owner co-owner without the consent of the other coowners is not null and void. Only the righ rights ts of the the co-o co-own wner er-s -sel elle lerr are are transferred, thereby making the buyer a co-own co-owner er of the proper property ty (BailonCasilao vs. CA, GR No. L-78178, April 15, 1988).

A co-owner co-owner cannot acquire acquire by prescription prescription the shar share e of the the co-o co-own wner ers, s, abse absent nt any any clea clear r repudiation of the co-ownership. In order that the title may prescribe in favor of a co-owner, the following requisites requisites must concur: concur: (1) the co-owner has performed unequivocal acts of repudiation amounting amounting to an ouster of the t he other co-owners; (2) such positiv tive acts of repud repudiatio iation n have have been been made made known known to the other co-owners; and (3) the evidence thereof is clear and convincing (Robles vs. CA, GR No. 123509, March 14, 2000). The The act act of exec execut utin ing g the the affid affidav avit it of self– self– adjudication did not constitute sufficient act of repudiation. In fact, there was bad faith of the co–h co–hei eirr in feign feignin ing g sole sole owne owners rshi hip p of the the property to the exclusion of the other co–heirs. (Galvez vs. CA, GR No. 157954, March 24, 2006). The Torrens title does not furnish a shield for fraud. Thus, where one registered the property in question in his name in fraud of his co– heirs, prescription can only be deemed to have commenced from the time the latter discovers the fraudulent act (Adille vs. CA, GR No. L46484 January 29, 1988). Under the law, anyone of the co–owners may bring an action in ejectment (Art. 487). This can can be done done witho without ut join joinin ing g all all othe otherr co– co– owners because the suit is presumed to have been filed for the benefit of his co–owners. But if the suit is for the benefit of the plaintiff alone who claims to be the sole owner and entitled to the posses possessio sion n of the litigat litigated ed prope property rty the actio action n shou should ld be dismi dismiss ssed ed and and it will will not not prosper especially so that there is evidence of co–ownership of the property, and there is no showing that they waived their rights (Baloloy

San Beda College of Law vs. Hula Hularr GR No. No. 1597 159723 23.. Sept Septem embe berr 9, 2004). EXTI EXTING NGUI UISH SHME MENT NT OF CO–O CO–OWN WNER ERSH SHIP IP (CALSTEP) 1. consolidation or merger in one co–owner cquisi sitiv tive e pres prescr cript iption ion in favor favor of a third third 2. acqui person or a co–owner who repudiates the co– ownership 3. loss or destruction of property co–owned 4. sale of property co–owned 5. termination of period agreed upon by the co– owners 6. expropriation judicial or extra–ju extra–judicial dicial partition 7. judicial CONDOMINIUM ACT (RA 4726) Condo Condomin minium ium - an inte intere rest st in real real prop proper erty ty cons consist istin ing g of a sepa separa rate te inte intere rest st in a unit unit in a residentia residential, l, industrial industrial or commerc commercial ial building building and an undiv undivid ided ed inte intere rest st in comm common on,, dire directl ctly y or indirectly, in the land on which it is located and in other common areas of the building. Any transfer transfer or conveyanc conveyance e of a unit or an • apar apartm tmen ent, t, offic office e or store store or other other spac space e therein, shall include transfer or conveyance of the undivided interest in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: however, that where the common common Provided, however, areas in the condominium project are held by the owner owners s of separa separate te units units as co–own co–owners ers thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital capital stock stock of which which belon belong g to Filipin Filipino o citi citize zen ns, excep xceptt in cas cases of hered eredit ita ary succession. Gener General al rule: rule: Comm Common on area areas s shal shalll rema remain in undivided, and there shall be no judicial partition thereof Exceptions: 1. Whe When the the proje roject ct has not been reb rebuilt ilt or repaired substantially to its state prior to its damage or destruction 3 years after damage or destruction which rendered a material part thereof unfit for use; 2. When When damage damage or or destru destructio ction n has has rende rendered red ½ or more of the units untenantable and that the condominium owners holding more than 30% interest in the common areas are opposed to restoration of the projects; 3. When When the the proje roject ct has been been in exist existen ence ce for more than 50 years, that it is obsolete and uneco unecono nomic mic,, and the condo condomin minium ium owne owners rs holding in aggregate more than 50% interest in

MEMORY AID IN CIVIL LAW| 56 the common areas are opposed to restoration, remodeling or modernizing; 4. When When the the proje project ct or a mate materia riall part part thereof thereof has has been been condem condemne ned d or exprop expropria riated ted and and the projec ojectt is no lon longer ger viab viable le,, or tha that the the condo condomin minium ium owners owners holdin holding g in aggreg aggregate ate more than 70% interest in the common areas are are oppo oppose sed d to the the cont contin inu uatio ation n of the the condominium regime; 5. When When cond condition itions s for parti partition tion by sale sale set set forth forth in the declaration of restrictions duly registered have been met. SOME SPECIAL PROPERTIES WATERS (Arts. 502-518) Laws Governing Waters: 1. Civil Civil Code Code of the the Phili Philipp ppin ines es 2. Speci Special al Law Law of of Waters Waters of Augu August st 3, 3, 1866 1866 3. The Irrigation Acts, Act 2152 and amendments 4. Wate Waterr Pow Power er Act Act No. No. 4062 4062 5. Art. Art. XIII XIII of the Philip Philippin pine e Consti Constituti tution on

its

Classification 1. Waters public per se (water is the principal); the bed follows the character of the water 2. Waters public or private according to their bed (water is accessory to bed) 3. Water Waters s pub public lic by by speci special al prov provisio ision n

MINERALS (Art. 519) Laws Governing Minerals: 1. Before Before 1902: 1902: R.D. R.D. sobre sobre Mine Mineria ria 1867 1867 2. Betw Betwee een n 1902 1902-1 -190 906: 6: The The Phil Philip ippi pin ne Bill Bill of 1902 and Legislative Acts 3. After After the the Adven Adventt of the Comm Common onwe weal alth th:: Art. Art. XIII of the Philippine Constitution and CA No. 137 Present: t: Minera Minerall Resour Resources ces Devel Developm opment ent 4. Presen Decree of 1974 (P.D. 463) and the Civil Code of the Philippines Minerals – all all inor inorga gani nic c subs substan tance ces s foun found d in nature, whether in solid, liquid, gaseous, or any intermediate state, with the exception of soil which suppor supports ts the organ organic ic life, life, and and of ordina ordinary ry earth, earth, gravel, sand, and stone which are used for building or construction purposes TRADEMARK AND TRADE NAMES (Arts. 520- 523) Laws Governing Trademarks and Trade names: 1. Intellectual Property Code (RA 8293) 2. Civil Civil Code Code of the the Phili Philipp ppin ines es

San Beda College of


Law 3. In the concept of owner – possessor of thing POSSESSION CONCEPT: 1. As an act – the holding of a thing or the enjo enjoym ymen entt of a right right with with the the inte intent ntion ion to possess in one’s own right 2. As a fact – when there is holding or enjoyment 3. As a right – right – the right of a person person to holding holding or enjoyment to the exclusion of all others having better right than the possessor possidendi -- right to possession which a. jus possidendi is incidental to or included in the right of ownership b. jus possession possessionis is – right right of possession independent independent from the t he right of ownership REQUISITES: 1. occupancy, apprehension, or taking of a thing or right (possession in fact); deliber erat ate e inten intentio tion n to poss posses ess s (animus 2. delib possidendi possidendi)) An insane insane or demente demented d person person • CANNOT acquire possession as they are incapable of understanding the import of their actions. 3. by virtu virtue e of ones ones own own righ rightt – in his own own nam name e or in that of another. DEGREES: 1. possession without any title whatsoever mere holding without any right at all (ex. thief or squatter) possession ion with juridical juridical title - predicated 2. possess on jurid juridica icall rela relatio tion n exist existin ing g betw betwee een n the posse ossess ssor or and and the the own owner (ex. ex. less lesse ee, usufructua usufructuary, ry, depositary depositary,, agent, agent, pledgee pledgee and trustee) 3. possession with just title – the possession of an adverse claimant whose title is sufficient to transfer ownership but is defective (ex. when the seller is not the true owner or could not transmit his rights thereto to a possessor who acted in GF) posses essio sion n with with a title title in fee fee simp simple le 4. poss deri derive ved d from from the the righ right of domi domin nion ion or possession of an owner; the highest degree of possession

CLASSES: 1. In one’s own name – where possessor claims the thing for himself 2. In the name of another – for whom the thing is held by the possessor

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or righ right, t, by his his acti action ons, s, is cons consid ider ered ed or believed by others as the owner, regardless of good or bad faith of the possessor Posses Possessor sor in the concept concept of an • owner is presumed with just title. (Art. 541) 4. In the concept of holder – possessor holds it mere merely ly to keep keep or enjo enjoy y it, the owne owners rship hip pert pertain ainin ing g to anot anothe herr pers person on;; poss posses esso sor r ackn acknow owle ledg dges es in anot anothe herr a supe superio riorr right right which which he believe believes s to be owners ownership hip;; cannot cannot acquire ownership by prescription None of these holders may assert a claim of ownership for himself over the thin thing g but but they they may be cons consid ider ered ed as posses possessor sors s in the concept concept of owner, owner, or under claim of ownership, with respect to the right they respectively respectively exercise exercise over the thing. 5. In good faith – possessor is not aware that there is in his title or mode of acquisition a defect that invalidates it Requisites: a. Os Osten tensib sible le title title or or mod mode e of acqu acquisiti isition on b. Vice Vice or defec defectt in the title title c. Posses Possessor sor is ignora ignorant nt of the vice or defe defect ct and must have an honest belief that the thing belongs to him •

Gross and inexcusable ignorance of the law may not be the basis of good faith, faith, but but possib possible le excus excusabl able e ignora ignorance nce may be such basis (Kasilag vs. Roque GR No. 46623, December 7, 1939). bad faith faith – posse possess ssor or is awar aware e of the the 6. In bad invalidating defect in his own title. Only personal personal knowledge knowledge of the flaw in one’s title or mode of acquisition can make him a possessor possessor in bad faith. It is not transmissible even to an heir. Possession in good faith ceases from the moment defects in his title are made known to the possessor •

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EXTENT OF POSSESSION: 1. Actual possession – occupancy in fact of the whol whole e or at leas leastt subs substan tantia tialllly y the whol whole e property occupancy of 2. Construc Constructive tive possessi possession on – occupancy part, part, in the name name of the whole, whole, unde underr such such circ circum umst stan ance ces s that that the the law law exte extend nds s the the occupancy to the possession of the whole Doctrin Doctrine e of constru constructiv ctive e posses possession sion – possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said

San Beda College of Law that he is in possession (Ramos vs. Director of Lands GR No. 13298, November 19, 1918). 1918) . PRESUMPTIONS IN FAVOR OF POSSESSOR: 1. of good faith (Art. 527) 2. of continuity of initial good faith (Art. 528) 3. of enjoyment in the same character in which possession was acquired until the contrary is proved (Art. 529) 4. of non–in non–inter terrup ruption tion in favor favor of the presen presentt possessor (Art. possessor (Art. 554) continu inuou ous s posse possessi ssion on by the the one one who who 5. of cont reco recov vers ers poss ossessi ession on of whic which h he was was wrongfully deprived (Art. 561) 6. of extension of possession of real property to all movables contained therein (Art. 542) OBJECT OF POSSESSION: General rule: All things and rights susceptible of being appropriated (Art. 530) Exceptions: 1. Res co communes 2. Prop Proper erty ty of pub public lic dom domin inion ion 3. Disco Discont ntin inuo uous us ser servit vitud udes es 4. Non– Non–ap appa pare rent nt ser servit vitud udes es ACQUISITION OF POSSESSION (Arts. 531-538) Manner of acquiring possession: 1. Mater Material ial occup occupatio ation n of the the thing thing or exerc exercise ise of a right 2. Subj Subjec ecti tion on to our our wil willl 3. Prop Proper er acts and legal legal form formali alitie ties s estab establis lishe hed d for acquiring such right Special Cases of Acquisition of Possession: 1. Acquisition Acquisition through through another another person person . Where possession is acquired, not by an agent or repres represent entativ ative e but but by a strang stranger er withou withoutt agency, possession is not acquired until the act is ratified (Art. ratified (Art. 532). 2. Acquisition Acquisition by Succession Succession Mortis Causa Causa a. Time of Acquisition. If the inheritance is accepted, the estate is transmitted without inte interr rru uptio tion fro from the the death of the the predecessor. But the heir who repudiates is deemed emed neve ever to have have acq acquired ired possession ( Art. Art. 533) 533).. b. Effect of Bad Faith of the decedent. One who succeeds by hereditary title shall not suffer suffer the consequences consequences of the wrongful posse possessio ssion n of the deced decedent ent unless unless it is show shown n that that he had had know knowle ledg dge e of the the defec defects ts affe affecti cting ng it; but but the the effe effects cts of possession in good faith shall not benefit him except from the death of the decedent ( Art. Art. 534). 534).

MEMORY AID IN CIVIL LAW| 58 CONFLICTS BETWEEN SEVERAL CLAIMANTS: General rule: Possession cannot be recognized in two different personalities Exception: In case of co–possession when there is no conflict Criteria in Case of Dispute: 1. prese present/a nt/actu ctual al posses possessor sor shall shall be pref preferr erred ed 2. if there there are are two two posse possesso ssors, rs, the the one one longer longer in possession 3. if the dat dates es of poss posses essio sion n are the the same, same, the one with a title 4. if all the above are equal, the fact of possession shall be judicially determined, and in the meantime, the thing shall be placed in judicial judicial deposit deposit Possession Possession cannot cannot be acquired acquired through through • forc force e or viol violen ence ce.. To all all inte intent nts s and and purposes, a possessor, even if physically ousted, is still deemed the legal possessor (Caque (Caqueña ña vs. Bolant Bolante e GR No. 137944 137944,, April 6, 2000). 2000). A person person who believes himself himself entitled entitled to • the possession of property may not take the law into his hands (Bishop of Cebu vs. Mangaron, G.R. No. 1748, June 1, 1906) or else else he will will be made ade to suff suffer er the the consequences ces of his law lawles lessness (San (Santi tiag ago o vs. vs. Cruz Cruz GR No. No. L-31 L-3191 919, 9, March 24, 1930). 1930) . EFFECTS OF POSSESSION (Arts. 539-561) POSSESSOR IN POSSESSOR POSSESSO R IN BAD GOOD FAITH FAITH Fruits gathered to possessor to owner Cultivation Expenses of gathered fruits not reimbursed to reimbursed to possessor possessor Fruits pending and charges prorat prorated ed accord according ing to to owner time Production expenses of pending fruits inde indemn mnity ity propro-ra rata ta to no indemnity possessor (owner’s option) in money, or by allowing full cultivation and gathering of all fruits Necessary expenses reimbursed to reimbursed to possessor; retention possessor; no retention Useful expenses reimbursed to no reimburse-ment possessor (owner’s option) initial cost

San Beda College of


Law plus value may remove if no reimbursement, and no dama damage ge is caus caused ed to the the prin rincipa ipal by the the removal Ornamental Ornamental expenses reimbursement at owner’s option: owner’s option: removal, or removal if no injury, or value at time of cost without removal recovery Taxes and charges (i. on capital, ii. on fruits and iii. charges) taxes and charges taxes and charges i. charged to owner i. charged to owner ii. charged to ii. ii. charged to to ow owner possessor iii. to ow owner iii. iii. prorated ted Improvements no longer existing no reimbursement no reimburse-ment Liability for accidental loss or deterioration only if acting with liable in every case fra fraudulen lent inte inten nt or negligence, after summons Improvements Improvements due to t o time or nature to owner or lawful to owner or lawful possessor possessor Necessary expenses – made for the preservation of the thing Useful Useful expens expenses es – add add valu value e to prop proper erty ty or increase the object’s productivity Ornamental/luxury Ornamental/luxury expenses – add value to the thin thing g only only for for cert certai ain n pers person ons s in view view of thei their r particular whims; neither essential for preservation nor useful to everybody in general LOSS OF POSSESSION (Art. 555) General Causes: 1. By the the will will of of the the pos posse sess ssor or a. Abandonment b. Tran Transfe sferr or or conv convey eyan ance ce 2. Again Against st the the will will of the the poss possess essor or a. Emine inent dom domai ain n b. Acqu Acquisi isitiv tive e pre presc scrip riptio tion n c. Judi Judicia ciall decre decree e in favo favorr of one one who who has has a better right d. Poss Posses essio sion n of anoth another er for for more more than than one year This refers to possession de facto • where the possessor loses the right to a summ summar ary y actio action; n; but but he may may still still bring ing action publiciana publiciana or reivindicatoria.

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e. By reas reason on of the obje object ct i. destru destructio ction n or total total loss loss of the the thin things gs ii. withd withdra rawa wall from from comm commer erce ce Acts Acts NOT Consti Constitut tuting ing Loss Loss of Posse Possessi ssion on (Arts. 537–538) 1. Acts executed by stealth and without knowledge of the possessor 2. Acts Acts merel merely y tolerat tolerated ed eithe eitherr by the the posses possessor sor or by his representative or holder in his name unless authorized or ratified 3. Violence 4. Temp Tempor orar ary y igno ignora ranc nce e of the wher wherea eabo bout uts s of movable property The possessor who recovers possession is conside considered red as havin having g had uninte uninterru rrupte pted d posse possessio ssion n despite despite these these acts acts of violen violence, ce, stealth stealth and and tolera tolerance nce;; but but he must must recove recover r possession by due process, and not otherwise (Arts. 561, 536, 539) •

POSSESSION OF MOVABLES (Art. 559): 559): Theory of Irrevindicability - Possession in good faith of a movable is presume presumed d owners ownership hip.. It is equivalent to title. No further proof is necessary (Aznar vs. Yapdiangco, G.R. No. L-18536, March 31, 1965). The rule isnecessary for purposes of facilitating transactions on movable property which are usually done without special formalities (Sotto vs. Enage, 43 O.G. 5075 [1947]). Requisites: 1. poss posses essi sion on is in in goo good d fai faith th 2. the the owner has volu volun ntar tarily ily parted rted with ith the the possession of the thing 3. posse possesso ssorr is in the the conce concept pt of of owne owner r Exceptions to the Theory of Irrevindicability: possessor lost a a movable 1. where the owner or possessor lost 2. wher where e the the owne ownerr or poss posses esso sorr has has been been unlawfully deprived of a of a movable Genera Generall rule rule: One One who who has has lost lost or has been been unlawfully deprived of a movable may recover it from whoever possesses it without reimbursement. The owner of the thing must prove: (1) ownership of the thing, and (2) loss or unlawful deprivation; or bad faith of the possessor. Exceptions: 1. Where Where the the owner owner acts acts neglige negligentl ntly y or volunta voluntarily rily parts with the thing owned, he cannot recover it from the possessor. 2. If the possessor of the movable acquired it in good faith at a public public sale, sale, the owner cannot

San Beda College of Law obtain its return without reimbursing the price paid therefor. Public sale – one where there has been a public notice of the sale in which anyone is allowed to bid for the object he desires to buy.

POSSESSION OF ANIMALS (Art. 560): 560): living in a sta state of natur ture Wild Anima Animals ls – liv independently of and without the aid and care of man; man; considere considered d possessed possessed only while they are under man’s control Domesticated/ Tamed Animals - wild or savage by natur nature e but but have have been been subdue subdued d and and becam became e accu accust stom omed ed to live live in a tam tamed con conditio ition n; considered possessed if they habitually return to the premises of their possessor Domestic/ Tame animals – live, born and reared under the control and care of man USUFRUCT Gives the right to enjoy the property of another with with the the oblig obligati ation on of pres preser ervin ving g its form form and and substance, unless the title constituting it or the law otherwise provides. CHARACTERISTICS: 1. real righ ight 2. of tem tempora porary ry dur durat atio ion n 3. to derive derive all adva advanta ntages ges from from the thin thing g due due to normal exploitation 4. may be constitu titute ted d on real or person sonal proper property, ty, consum consumab able le or non–co non–consu nsuma mable ble,, tangible or intangible, the ownership of which is vested in another 5. tra transmis smiss sible ible KINDS OF USUFRUCT USUFRUCTUARY UARY ACCORDING ACCORDING TO ORIGIN: 1. Legal – created by law such as usufruct of the parents over the property of their unemancipated children 2. Voluntary Voluntary – crea created ted by will will of the the part partie ies s either by act inter vivos such as donation or by act mortis mortis causa such as in a last will and testament 3. Mixe Mixed d – acquir acquired ed by prescr prescript iption ion such such as when believing himself to be the owner of the property of an absentee, gave in his will the usuf usufru ruct ct of the prope propert rty y for for the requi requisi site te prescriptive period to his wife, who possessed it in good good faith faith as usufru usufructu ctuary ary,, and naked naked ownership to his brother

MEMORY AID IN CIVIL LAW| 60 RULES GOVERNING USUFRUCT: Governed primarily by the title creating it, or in the absence thereof, by Articles 566-612 of the Civil Code. NORMAL USUFRUCT AND ABNORMAL USUFRUCT DISTINGUISHED ABNORMAL ABNO RMAL NORMAL USUFRUCT USUFRUCT that which involves nonconsumable things which which the usufru usufructu ctuary ary can enjoy without alte alteri rin ng thei theirr form form or substance, substance, though though they may deteriorate or diminish by time or use

that that whic which h invo involv lves es things which would be useless to the usuf usufru ruct ctua uary ry unle unless ss they are consume consumed d or exp expended, ed, such such as money money,, grain, grain, liquor liquors, s, etc.

GENER GENERAL AL RULE: RULE: Usuf Usufru ructu ctuar ary y is boun bound d to preserve the form and substance of the thing in usufruct. EXCEPTION: Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing. USUFRUCT AND LEASE DISTINGUISHED USUFRUCT LEASE Always Always a real real right right

Generally Generally a personal personal right

Pers Perso on creat reatin ing g the the Lessor may not be the usufru usufruct ct should should be the owner owner or his duly authorized agent May be created by law, Gener Generally ally create created d by by contract, by will of the contract testator, or by prescription As a rule, usufruct usufruct Lease Lease generally generally refers covers all the fruits and to uses only all the uses and benefits of the entire property. Involves a more or less passive owner who allows allows the usufru usufructu ctuary ary to enjoy the object given in usufruct

Lease involves a more active owner or lessor lessor who makes the lessee to enjoy

Pays for ordinary repairs Lessee is not generally and taxes on the fruits under obli obliga gati tion on to unde underta rtake ke repa repair irs s or pay taxes SPECIAL USUFRUCTS:

1. of pension or income (Art. 570) 2. of property owned in common (Art. 582)

San Beda College of


Law 3. 4. 5. 6. 7. 8.

of cattle (livestock) (Art. 591) on vineyards and woodlands (Art. 575–576) on a right of action (Art. 578) on mortgaged property (Art. 600) over the entire patrimony patri mony (Art. 598) over things things which gradually gradually deteriorat deteriorate e (Art. 573) 9. of consumable property (Art. 574) RIGHTS OF THE USUFRUCTUARY 1. As to to the the thi thing ng and and its its frui fruits ts a. To receiv receive e and and bene benefit fit from from the fruits fruits b. To enjoy enjoy any any incre increase ase throu through gh acces accessio sions ns and servitudes c. To the half of the hidd idden tre treasure he accidentally finds d. To leas lease e the thin thing, g, gene general rally, ly, for for the sam same e or shorter period as the usufruct. e. To impro improve ve the thing thing witho without ut alter alterin ing g its its form and substance f. Righ Rightt to set–o set–off ff the the impr improv ovem emen ents ts he may may have have made made on the proper property ty agains againstt any any damage to the same g. To retai retain n the thin thing g until until he is reimb reimbur urse sed d for advances advances for extraordin extraordinary ary expenses expenses and taxes on the capital h. To colle collect ct reimb reimburs urseme ements nts from from the the owner owner for indisp indispens ensab able le extrao extraordin rdinary ary repairs repairs,, taxes taxes on the capital capital he advan advanced ced,, and and damages caused to him. i. To rem remov ove e impr improv ovem emen ents ts made made by by him if the same will not injure the property 2. As to the the usu usufr fruc uctt itse itself lf a. To mort mortga gage ge the the right right of usufr usufruc uctt exce except pt parental usufruct b. To alie aliena nate te the the usuf usufru ruct ct 3. At the the expira expiratio tion n of of the the usuf usufruc ruct: t: a. to colle collect ct reimb reimburs ursem ement ent from from the own owner: er: i. for for indi indisp spen ensa sabl ble e extr extrao aord rdin inar ary y repa repair irs s made made by the usufructuary ii. for taxes on the capita ital advanced by the usufructuary iii. for dama damages ges cau caused sed by by the usufr usufructu uctuary ary b. to retai retain n the thing thing until until reim reimbu burs rsem emen entt is made c. to rem remove ove improv improvem ement ents s made made by by him, him, but but without injuring the property •

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In a usuf usufru ruct, ct, only only the the jus utendi utendi and jus fruendi over fruendi over the property are transferred to the usuf usufru ructu ctuar ary. y. The The owne ownerr of the the prop proper erty ty maintains the jus disponen disponendi di or the power to alie aliena nate, te, encu encumb mber er,, tran transf sfor orm, m, and and even even destroy the same (Hemedes vs. CA, GR No. 107132, October 8, 1999).

•

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Unde Underr the the Massachu Massachusetts setts Rule, a stoc stock k dividend is considered part of the capital and belongs to the remainderman; while under the Penns Pennsylva ylvania nia Rule, Rule, all earnings of a corpo corporat ration ion,, when when declar declared ed as divide dividend nds s in whatever form, made during the lifetime of the usufr sufru uctu ctuary, ary, belon elong g to the the latt latter er.. The Pennsylvania Rule is more in accord with our laws than the Massachusetts Rule (Bachrach vs. vs. Seife Seifert rt and and Elia Eliano noff, ff, GR No. No. L-26 L-2659 59,, October 12, 1950). Corollary to the right to all the rents, to choose the tenant, and to fix the amount of the rents, a usuf usufru ructu ctuar ary y of the the rent rents s has has the the right right to choose himself as the tenant, provided that the oblig obligat atio ions ns he has has assu assume med d towa toward rds s the the owner of the property are fulfilled (Fabie vs. Gutierrez David, GR No. L-123, December 12, 1945).

OBLIGATIONS OF THE USUFRUCTUARY 1. Befor Before e exerci exercisin sing g the the usufru usufruct ct:: a. To make make an an inven inventor tory y of the proper property ty b. To give give a bon bond d, EXCE EXCEPT PT i. when when no no preju prejudic dice e would would resul resultt ii. when when the the usu usufr fruc uctt is rese reserv rved ed by the the dono donorr or or parents caucion juratori juratoria a wher where e the the iii. in cases of caucion usufructuary, being unable to file the required bond or security, files a verified petition in the proper court court asking asking for the delivery delivery of the house house and and furn furnitu iture re nece necess ssar ary y for for hims himsel elff and and his his fam family without any bond or security. 1) takes an oath to take care of the things and restore them 2) property cannot be alienated or leased because this would mean that the usufructuary does not need it Effects of failure to post bond: a. owner owner shal shalll have have the follow following ing opti option ons: s: i. receiv receivers ership hip of realty realty,, sale of movab movables les,, deposit deposit of securities, or investment of money; OR ii. reten retention tion of of the prope property rty as admin administr istrato ator r b. the the net net produc productt shall shall be deliv deliver ered ed to the the usufructuary c. usuf usufru ructu ctuar ary y cann cannot ot collec collectt cred credits its due due or make make invest investmen ments ts of the capital capital withou withoutt the consent of the owner or of the court until the bond is given 2. Duri During ng the the usuf usufru ruct ct:: a. To take take car care e of the the prop proper erty ty b. To rep replac lace e with the youn young g thereo thereoff anima animals ls that die or are lost in certain cases when the usufruct is constituted on flock or herd of livestock

San Beda College of Law c. d.

To make make ordi ordina nary ry repa repairs irs To notif tify the owner of urgent extra tra– ordinary repairs e. To perm permit it works works and and impro improvem vement ents s by the the naked owner not prejudicial to the usufruct f. To pay pay ann annua uall taxes taxes and and cha charg rges es on on the the fruits g. To pay pay inter interest est on on taxes taxes on on capit capital al paid paid by by the naked owner h. To pay debts when the usufruct is constituted on the whole patrimony i. To secu secure re the the naked aked own owner’s er’s or cou court’s rt’s approval to collect credits in certain cases j. To notify the owner owner of any prejudicial prejudicial act committed by third persons k. To pay for for court expenses and costs regarding usufruct

3. At the termination of the usufruct: usufruct: a. To retu return rn the the thing thing in usuf usufruc ructt to the owner owner unless there is a right of retention b. To pay pay legal legal inter interest est on on the amoun amountt spent spent by the owner for extraordinary repairs or taxes on the capital c. To ind indem emnify nify the owner owner for for any any losse losses s due due to his negligence or of his transferees RIGHTS OF THE OWNER DURING ING THE USUFRUCT: 1. He reta retain ins s tit title le 2. He may may alien alienate ate the the prop propert erty, y, but but he may may not: not: a. alter th the fo form or or su substance of of th the thing b. do anything prejudicial to the usufructuary 3. He may construct buildings, make improvements and plantings, provided: a. the va value of of th the us usufruct is i s no not impaired b. the ri rights of of th the us usufructuary ar are not prejudiced OBLIG BLIGAT ATIO IONS NS OF THE THE OWNER NER AT THE EXPIRATION OF THE USUFRUCT: 1. to make make reim reimbu burs rsem emen entt for advan advance ces s of the usufructuary 2. to cance cancell the the bond bond,, upon upon disc discha harg rge e of the usufructuary’s obligations 3. to respect leases of rural lands by the usufructuary for the balance of the agricultural year EXTINGUISHMENT EXTINGUISHMENT OF USUFRUCT (PT2DERM) 1. Prescription 2. Termination of right of the person constituting the usufruct 3. Total loss of the thing 4. Death eath of the usufru usufructu ctuary ary,, unles unless s contra contrary ry intention appears

MEMORY AID IN CIVIL LAW| 62 5. Expirat xpiration ion of the period period or fulfillm fulfillment ent of the resolutory condition 6. Renunciation of the usufructuary 7. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE Encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. EASEMENT AND SERVITUDE DISTINGUISHED EASEMENT SERVITUDE Origin English law

Roman law Recipient of Benefit

always real

may be real personal (broader)

or

CHARACTERISTICS: 1. It is a real real righ rightt but but will affec affectt third third perso persons ns only only when duly registered. 2. It is enjoy enjoyed ed over over anoth another er immo immovab vable, le, never never on on one’s own property 3. It involv involves es two neigh neighbo borin ring g estate estates s (in case case of real easements). 4. It is insep insepar arab able le from from the the estat estate e to which which it is attached, and, therefore, cannot be alienated independently independently of the estate. 5. It is ind indivis ivisib ible le for for it is not affec ffecte ted d by the the division of the estate between two or more persons. 6. It is a right limited by the needs of the dominant owner or estate, without possession. 7. It cann cannot ot cons consist ist in the the doin doing g of an act unle unless ss the the act act is acce access ssor ory y in rela relati tion on to a real real easement. 8. It is a limita limitatio tion n on the serv servie ient nt owne owner’ r’s s rights rights of ownership for the benefit of the dominant owner; and, therefore, it is not presumed. CLASSIFICATION: 1. As to rec recipi ipien entt of of bene benefit fit:: a. Real/Predial – Real/Predial – when the easemen easementt is in favor of another immovable b. Personal – when it is in favor of a community or of one or more persons i. Publ Public ic – if it is veste vested d in the pub public lic at at large large or or in some class of indeterminate individuals ii. Privat Private e – if it is vested vested in a determ determina inate te individ individua uall or certain persons 2. As to to it its sou sourc rce: e: a. Voluntary – when the easement easement is established by the will or agreement of the parties or by a testator

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Law b. Legal – Legal – when it is imposed imposed by law either either for public use or in the interest of private persons – when it is created created partly partly by will or c. Mixed – agreement agreement and partly by law 3. As to its its exe exerc rcis ise: e: a. Continuous Easements – those the use of which is, or may be, incessant without the intervention of any act of man b. Discont Discontinuo inuous us Easeme Easements nts – tho those which are used at intervals and depend upon the acts of man 4. As to the the indica indicatio tion n of thei theirr exist existen ence: ce: a. Apparent Apparent Easements Easements – those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same b. Non–apparent Easements – those which show show no exte extern rnal al indi indica cati tion on of thei their r existence 5. As to to dut duty y of of serv servie ient nt ow owne ner r a. Positive – the servient servient owner owner must must allow something to be done in his property or do it him himself self;; also also call called ed “ser “servi vitu tude des s of intrusion and or/service” the serv servie ient nt owne ownerr must ust b. Negative – the refrain refrain from from doing doing someth something ing which which he could lawfully do if the easement did not exist EASEMENT AND LEASE DISTINGUISHED EASEMENT LEASE Real Real rig right, ht, whe whethe ther Real right only when it registered or not is registe registered red,, or when when its subject matter is real property and the durat duration ion exceed exceeds s one one year Impo Impose sed d only only on real real May involve either real property or personal property There is a limited right Limited right to both the to the use of real posses possession sion and use of property of another but another’s property with ithout the the righ ight of possession

owner

usufructuary

MODES OF ACQUISITION: (PDFAT)

1. by prescription rescription of 10 years (continuou (continuous s and

2. 3. 4.

5.

apparent easements) Positive servitude - counted from a. the day their exercise commences. Negat Negative ive servit servitud ude e - counted b. from the formal prohibition to the servient owne ownerr to do any any act act oppo oppose sed d to the the servitude (Art. (Art. 621). 621). Ther There e must ust be a notarized document . by deed of recognition by f inal inal judgment by apparent sign established by the owner of two adjoining estates, unless: a. there ar are co contrary sti stip pulations or or b. the sign is effaced by title

DOMINANT OWNER Rights: 1. To exer exercis cise e all the the rights rights neces necessar sary y for the the use of the easement 2. To mak make e on the serv servie ient nt estat estate e all the the works works necessary for the use and preservation of the servitude 3. To reno renoun unce ce the ease easem ment ent if he desi desire res s to exempt himself from contribution to necessary expenses 4. To ask ask for for mand mandat ator ory y inju injunc ncti tion on to prev preven entt impairment of his use of the easement Obligations: 1. Cann Cannot ot render render the easem easemen entt or ren render der it more more burdensome 2. Notif Notify y the serv servien ientt owne ownerr of work works s nece necess ssar ary y for the use and preservation of the servitude 3. Choos Choose e the most most conve convenie nient nt time time and mann manner er in making the necessary works as to cause the least inconvenience to the servient owner 4. Contr Contribu ibute te to the the necess necessary ary expe expense nses s if there there are several dominant estates SERVIENT OWNER

EASEMENT AND USUFRUCT DISTINGUISHED EASEMENT USUFRUCT Impo Impose sed d only only on real real May involve either real property or personal property Limited Limited to partic particula ularr or Incl Includ udes es all all the the uses uses specific use of the the and and the the fru fruits its of the the servient estate property A non–posse non–possessory ssory right Involves a righ ight of over an immovab i mmovable le possession in an immovable or movable Not extinguished by the Exti Extin nguishe ished d by the the death death of the domin dominant ant death of the

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Rights: 1. To reta retain in owner ownersh ship ip and and posse ossess ssio ion n of the the servient estate 2. To make make use use of the the easem easement ent,, unless unless ther there e is agreement agreement to the contrary 3. To change the place or manner of the easement, easement, provided it be equally convenient Obligations: 1. Cann Cannot ot impa impair ir the the use use of the the ease easeme ment nt

San Beda College of Law 2. Contrib Contribute ute to the the nece necessa ssary ry expen expenses ses in case case he uses uses the the ease easeme ment, nt, unle unless ss ther there e is an agreement to the contrary EXTINGUIS EXTINGUISHMEN HMENT T OF EASEMENT EASEMENTS S (REMAIN (REMAIN BREW) 1. Redemption agreed upon 2. Expir xpirat ation ion of the the term term or fulfi fulfillm llmen entt of the resolutory condition 3. Merge ergerr of owne owners rshi hip p of the domi domina nant nt and and servient estate 4. Annulment of the title to the servitude 5. Permanent impossibility to use the easement 6. Non–user for 10 years a. discontinuous: counted from the day they ceased to be used b. continuous: co counted fr from th the da day an act adverse to the exercise takes place 7. Bad condition – when either or both estates fall into such such a condit condition ion that the easement easement could not be used 8. Resolution of the right to create the servitude, (i.e (i.e.. in case case of pact pacto o de retr retro, o, when when the the property property is redeemed redeemed)) 9. Expropriation of the servient estate 10. Waiver by the dominant owner LEGAL EASEMENTS Kinds of Legal Easements:

1. Public legal easements easements – – those for public or communal use, governed primarily by special laws and by the Civil Code Private legal legal easeme easements nts – those for the 2. Private interest of private persons or for private use; governing law: a. primarily by by th the ag agreement of of th the interested parties; b. in th t he ab a bsence t he hereof, by b y the provisi provision ons s of gene general ral or local local laws laws and ordinances; and c. in de default of of (a (a) an and (b (b), by by th the Civil Code

I.

Easemen Easementt Relating Relating To Waters Waters (Art. 637) 637): Lower estates must receive waters which are natu natura rally lly and and with withou outt inte interv rven entio tion n of man man descend from higher estates including earth or stones carried with them (Art. 637) Limitations: 1. Dominant owner must not incr increa ease se the the burd burden en but but he may may erec erectt works to avoid erosion. The The serv servie ient nt owne ownerr must must not not 2. impede the descent of the water (but may regulate it).

MEMORY AID IN CIVIL LAW| 64 II. Easement On Riparian Property ( Art. Art. 638 638 ) Weir ( Art. Art. 639 639) III. Easement On Dam Or Weir (

IV. Easement Easement For Watering Watering Cattle Cattle (Art. 640): This is a combined easement for drawing of water and right of way Requisites: a. must must be impos imposed ed for for reaso reasons ns of pub public lic use use b. must must be be in favor favor of of a town town or villa village ge c. inde indemn mnit ity y mus mustt be paid paid

V. Easement of Aqueduct (Arts. 643–646) From a forced easement, by virtue of whic which h the the owne ownerr of an esta estate te who who desires to avail himself of water for the use of said estate may make such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow •

Requisites: 1. dom dominan inantt owne ownerr must ust prov prove e that that he has the capacity to dispose of the water 2. that that the wate waterr is suffic sufficien ientt for the the inten intended ded use that the course course is most most conven convenien ient, t, and and 3. that rd least onerous to the 3 person 4. paym paymen entt of ind indem emni nity ty

VI. Easement For The Construction of A Stop Lock or Sluice Gate (Art. 647)

VII. Easement of Right of Way (Arts. 649–657): The right granted to the owner of an estate which ich is sur surrou rounded by othe otherr esta estate tes s belon belongin ging g to other other person persons s and and withou withoutt an adequate outlet to a public highway to demand that he be allowed a passageway throughout such such neigh neighbo borin ring g estate estates s after after payme payment nt of proper indemnity. Requisites: 1. Claimant must be the owner of the enclosed immovable or one with real right; 2. The dominant estate is surr surrou ound nded ed by othe otherr immo immova vabl bles es and and ther there e must must be no adeq adequa uate te outle outlett to a public highway; 3. Right of of wa way mu must be be ab absolutely necessary; 4. Isolation mu must no not be be du due to to th the claimant’s own act; 5. Easement mu must be be es established at at the point least prejudicial prejudicial to the servient estate; and insofar as consistent with this

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Law rule, where the distance from the dominant estate to the public highway may be the shortest; and 6. Payment of of pr proper in indemnity. The burden of proving the the existence existence of the pre-requisites pre-requisites to validly validly claim a compulsory right of way lies on the owner of the dominant estate (Costabella Corp Corp.. vs. vs. CA, CA, GR No. No. 8051 80511, 1, Jan. Jan. 25, 25, 1991). Wher Where e the the ease easem ment ent may be • established on any of several tenements surrounding the dominant estate, the one where the way is shortest and will cause the least damage should be used, even if it will not be the shortest. The criterion of least prejudice to the servient estate must prev prevai aill over over the the crit criter erio ion n of shor shorte test st distance (Quimen vs. CA, GR No. 112331, May 29, 1996). It is the the need needs s of the the dom dominant inant • property property which ultimately determine determine the width width of the passag passage, e, and and these these needs needs may vary from time to time (Encarnacion vs. CA, GR No. 76322 March 11, 1991). The right right of way for cattle should • not be more than 10 meters wide unless a greate greaterr width width was a vested vested right right under under laws prior to the Civil Code of 1889 (Art. 657).

segreg segregate ated d but but they they can be physica ically lly identified

•

Special Cause of Extinction: 1. the opening ing of a public road, or 2. joining th the do dominant te tenement to to another with exit on a public road The extinction is NOT automatic. There There must be a deman demand d for extinc extinctio tion n coupled with tender of indemnity by the servient owner. Easement of right of way cannot • be acquired by prescription because it is discontinuous/intermittent (Ronquillo, et al. vs. Roco GR No. L-10619, February 28, 1958). •

VIII.

Easement of Party Wall (Arts. 658–666) Party Wall - common wall which separates 2 estates estates built built by commo common n agreem agreement ent at the dividing line such that it occupies a portion of both estates on equal parts

Party Wall and Co–ownership Distinguished PARTY WALL CO–OWNERSHIP Shares of partie ties Shares of the co– cannot cannot be physically physically owners can be divided

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No lim limitat itatio ion n as to use of the party wall for exclus exclusive ive benefit benefit of a party Owner may free himself from con contrib tribut utin ing g to the the cost cost of repa repair irs s and and constr structio tion of a party wall by ren renoun ouncin cing all his his rights thereto

and separated phys physica ically lly but but befo before re such such divis ivisio ion, n, a co– co– owner owner canno cannott point point to any definite portion of the property as belonging to him None of the co–owners may use the community property for his exclusive benefit Partial Partial renunciatio renunciation n is allowed

Presumptions of Existence (juris tantum): t antum): 1. in adjoining ing wa walls of of bu buildings, up up to common elevation in dividin dividing g walls walls of gard gardens ens and and 2. yards (urban) 3. in di dividing fe fences, wa walls an and lilive hedges of rural tenements 4. in ditches or drains between tenements Rebuttal of Presumption: 1. title 2. by contrary proof: 3. by signs contrary to the existence of the servitude (Arts. 660 & 661) If the signs are contradictory, they cancel each other •

Rights of Part Owners: 1. to make use of the wall in propo proportio rtion n to their their respe respectiv ctive e intere interests, sts, resting buildings on it or inserting beams up to one–half of the wall’s thickness 2. to increase the the heigh ight of the wall a. at his his expense b. upon upon payme payment nt of of prop proper er indem indemnity nity c. to acqu acquire ire half half intere interest st in any increa increase se of thic thickn knes ess s or heig eight, payin ying a proportionate share in the cost of the work and of the land covered by the increase Obligations of Each Part–Owner: 1. to contrib tribu ute proportio tionatel tely to the the repa epair and mainte inten nance ance unless less he renounces his part–ownership

San Beda College of Law 2. if one part ow owner raises the height of the wall, he must: a. bear bear the the cost cost of main mainte tena nanc nce e of the additions b. bear the increased expenses of preservation c. bear bear the the cos costt of cons constr truc uctio tion n d. give give additi addition onal al land, land, if neces necessa sary, ry, to thicken the wall

IX. Easement of Light and View (Arts. 667–673) 1. Easement of Light (jus luminum) – right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. Requisites: a. open openin ing g must must not not be gre great ater er than than 30 centimeters square, made on the ceiling or on the wall; and b. ther there e mus mustt be an an iron iron grat gratin ing g

2. Easement of view (jus prospectus) – the right right to make make openi openings ngs or windo windows, ws, to enjo enjoy y the the view view thro throug ugh h the the esta estate te of anoth another er and and the the powe powerr to prev preven entt all all con constru struct ctio ion ns or work work which hich wou would obstr obstruc uctt such such view view or make make the the same same difficult. It necessarily includes easement of light. Restri Restrictio ctions ns on openin openings gs in one’s one’s own wall wall when contiguous (less than 2m) to another’s tenement: 1. it cannot exceed 30cm each side openings must be at the height of 2. the the joist joists, s, near near the the ceili ceiling ng (Choco (Choco vs. Santamaria, GR No. 6076, December 29, 1911). 3. the abutting owner may: a. close the opening ings if the the wall becomes a party wall b. block the light by building ing or erectin ting his own wall unles less a serv servit itu ude is acq acquire ired by titl title e or prescription c. ask for the reduction of the opening to the proper size Restrictions as to views: 1. Direct views: views: the distance of 2m between the wall and the boundary must be observed 2. Oblique views: (walls perpendic perpendicular ular or at an angle angle to the boundary line) must not be less than 60cm from the boundary line to the nearest edge of the window

MEMORY AID IN CIVIL LAW| 66 Any stipulation stipulation permitting permitting lesser distances is void (Art. 673). •

Modes of Acquisition 1. by title 2. by prescription a. positive positive – coun counted ted from from the the time of the the open opening ing of the windo window, w, if it is through a party wall b. negativ tive – counted from the form formal al proh prohib ibiti ition on on the the serv servien ientt owner. Mere non–observance of distances distances prescribed prescribed by Art. 670 without without formal formal prohib prohibitio ition, n, does does not not give give rise rise to prescription. •

X. Drainage of Buildings (Arts. 674–676) 1. Easemen Easementt of draina drainage ge of building buildings s – the right to divert or empty the rain waters fro from one’ one’s s own own roof roof or shed shed to the the neighbor’s estate either drop by drop or through conduits 2. Easement to receive falling rain waters – deals not with legal legal easement easement but with a voluntary easement to receive rain water fall fallin ing g from from the the roof roof of an adjo adjoin inin ing g building 3. Easemen Easementt giving giving outlet outlet to rain water wher where e hous house e surr surrou ound nded ed by othe other r houses Requisites: a. there must be no adequate outlet to the rain water because the yard or cour courtt of a hous house e is surr surrou ound nded ed by other houses b. the outlet to the water must be at the point where egress is easiest and establishing a conduit for drainage c. there must be payment of proper indemnity Intermedi ediat ate e Dista Distanc nces es And And Works Works For For XI. Interm Certain Constructions And Plantings (Arts. 677–681) Constructions : wells, sewers, etc. 1. Constructions: distanc nce e is fixed fixed by ordi ordina nanc nces es or a. dista custom must be observed protectiv ctive e structu structures res presc prescrib ribed ed by b. prote ordina inances or custom tom must be erected; if none, precautions must be be taken to avoid damage to neighboring estates violat atio ion n caus causes es resp respon onsib sibili ility ty for for c. viol damages caused 2. Plantings: Plantings :

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Law a. distances as prescribed by ordinances or customs must be observed. If none: i. for large trees: at least 2m from boundary ii. for shrubs: at least 50cm from the center of the tree b. intrusions; i. of branches: the owner of the tree may be compelled to cut intruding branches at the boundary ii. of roots: the owner of the invaded tenement may cut them himself at himself at the boundary iii. fruits falling naturally belong to the owner of the land

2. if creat created ed by pres prescr crip ipti tion on,, by the form form and and manner of possession of the easement 3. in default of any of the above, by the provisions of the Civil Code on easements Voluntary easements are established in favor of: 1. pred predia iall serv servit itud udes es:: a. for the owner of the dominant estate b. for an any ot other pe person ha having an any juridical juridical relation relation with the dominant dominant estate, if the owner ratifies it 2. perso personal nal servitu servitudes des:: for anyone anyone capac capacitat itated ed to accept NUISANCE

XII. Easement Against Nuisance (Arts. 682-683) XIII.

Later Lateral al and Subjac Subjacent ent Suppor Supportt (Arts. 684-687) Lateral support support – when the supported and supp suppor ortin ting g lands lands are are divid divided ed by a vert vertica icall plane

Subjacent Subjacent support support – when when the suppor supported ted land land is abov above e and and the the supp suppor ortin ting g land land is beneath There exists a doubt as to whether easements against nuisance and late latera rall and and subj subjac acen entt supp suppor ortt may may be categorized as legal easements (ReyesPuno. pp.188–189). The The duty duty of an adja adjace cent nt owne owner r • making excavations upon his land not to depri deprive ve any any adjace adjacent nt land land of suffici sufficien entt lateral or subjacent support is an absolute one. It does not depend upon the degree of care care and and prec precau auti tion on made ade by the the propri proprieto etorr in making making the excava excavation tion or building in his land (De Jesus, et al vs. Howmart Corp. et al, GR No. 44191-R, August August 28, 1974) 1974).. •

VOLUNTARY EASEMENTS (Arts. 688-693) Cons Consti titu tute ted d by the the will will of the the parti arties es or of a testator. •

The owner possessing capacity to encumber property may constitute constitute voluntary servitude. If there are various owners, ALL must consent; but consent once given is not revocable.

Rules governing voluntary easements: easements: 1. if create created d by title title,, such such as cont contrac ractt or will, will, then then by such title

67

Any act, omission, omission, establishm establishment, ent, business business or cond conditi ition on of prop proper erty ty or anyth anythin ing g else else which which:: (ISAHO) njures es/e /end ndan ange gers rs the the heal health th or safe safety ty of 1. Injur others; 2. Shock hocks, s, defie defies s or disr disreg egar ards ds dece decenc ncy y or morality; 3. Annoys or offends the senses; 4. Hinders or impairs the use of property; or 5. Obstructs or interferes with the free passage to any public highway or street, or body of water. CLASSES: 1. Per se – nuisance at all times and under all circ circum umsta stanc nces es rega regard rdles less s of loca locatio tion n and and surrounding. 2. Per acciden accidens s – nuisa isance by reas reason on of circumstances, location, or surroundings. 3. Public – affects the community or a considerable number of persons. 4. Private – affe affects cts only a pers person on or a smal smalll number of persons. nuisance may be both public public and 5. Mixed – nuisance private in character DOCTRINE OF ATTRACTIVE NUISANCE One who maintains on his premises dangerous instru instrume menta ntalitie lities s of a charac character ter likely likely to attract attract children in play and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is inju injure red d the thereb reby, even ven if the the chil child d is technically a trespasser in the premises. •

A swimming swimming pool or water tank is not an attractive attractive nuisance nuisance (Hidalgo (Hidalgo Enterprise Enterprises s vs. Balandan GR No. L-3422, June 13, 1952).


MEMORY AID IN CIVIL LAW| 68

REME REMEDIE DIES S AGAIN AGAINST ST PUBL PUBLIC IC NUIS NUISAN ANCE CE:: (PCE) 1. Prosecution under the RPC or local l ocal ordinance 2. Civil Action 3. Extrajudicial Abatement REMEDI REMEDIES ES AGAIN AGAINST ST PRIVAT PRIVATE E (CE) 1. Civil Action 2. Extrajudicial Abatement

NUISAN NUISANCE: CE:

Note: The action to abate a public/private nuisance is NOT extinguished by prescription. EXTRAJUDICIAL ABATEMENT Requisites: 1. nuis nuisan ance ce must must be spec specia iall lly y inju injuri riou ous s to the the person affected; 2. no breac breach h of peace peace or or unnece unnecessa ssary ry injury injury must must be committed; 3. prior rior deman emand d; 4. prior prior demand demand has has been been rejecte rejected; d; 5. approval by dist istrict ict health officer and assistance of local police; and 6. value value of destru destructio ction n does does not not exceed exceed P3,0 P3,000 00.. REGISTRY OF PROPERTY REGISTRATION – any entry made in a book or public registry of deeds Systems of registration: 1. Former registration systems a. Span Spanish ish Mort Mortga gage ge Law Law of of 1893 1893 b. Torrens System established by the Land Registration Act (Act No. 496) c. Sec. Sec. 194 194 - Revi Revised sed Admin Administr istrativ ative e Code Code Present registr registratio ation n system system - Property 2. Present Registration Decree (PD No. 1529) Effects of registration: 1. operat operates es as constru constructiv ctive e notice notice 2. does does not valid validate ate or or cure defe defectiv ctive e instru instrume ment nt 3. cannot bind ind property where it is legally lly ineffective 4. does does not not ves vestt titl title e 5. rule rule of of first first in time, time, firs firstt in right right THEORY OF MODE AND TITLE MODE – the the actu actual al proc proces ess s of acqu acquis isit itio ion n or transfer of ownership over a thing in question. This is the prox the proximate imate cause of the acquisition. TITLE - the juridical justification for the acquisition or a transfer transfer of ownership ownership or other real right. This is the remote cause of the acquisition ( Acap vs. CA, GR No. 118114, December 7, 1995)

Different Modes and Titles of Acquiring Ownership MODES OF TITLES OF ACQUIRING ACQ UIRING ACQUIRING ACQU IRING OWNERSHIP OWNERSHIP Original Modes Occupation Condition of being without known owner Work Work which which includ includes es Creation, discovery or Intellectual creation invention Derivative Modes Law Existence of required conditions Tradition Contract of the parties Donation Contract of the parties Prescription Possession in the concept of owner Succession Death TRADITION/ DELIVERY - a mode mode of acqu acquiri iring ng ownership as a consequence of certain contracts, contracts , by virtu virtue e of which which,, the the objec objectt is plac placed ed in the the control and possession of the transferee, actually or constructively. Requisites: 1. Right ight tra transmit smitte ted d sho should have ave prev reviou iously sly existed in the patrimony of the grantor; 2. Trans Transmis missio sion n shou should ld be be by just just title; title; 3. Gran Grantor tor and and grante grantee e should should have have intentio intention n and capacity to transmit and acquire; and 4. Tran Transm smiss ission ion shou should ld be mani manife feste sted d by some some act which which should should be physica physical, l, symbol symbolical ical or legal. Kinds: 1. Real Tradition – actual delivery 2. Constructive Tradition traditio symbolica – parties make a. use of a token or symbol to represent the thing delivered b. traditio traditio longa longa manu manu – by mere mere cons consen entt of the the part parties ies if the the thin thing g sold sold cannot be transferred to the possession of the vendee at the time of the sale c. traditio traditio brevi manu – when when the the vendee vendee alread already y has has posses possession sion of the thing sold by virtue of another title d. traditio constitutum possessorium – when the vendor vendor continues continues in possession of the thing sold not as owner but in some other capacity 3. Quasi–tradition – exercise of the right of the grantee with the consent of the grantor Tradicion por ministerio ministerio de la ley – ley – delivery 4. Tradicion by operation of law

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Law 5. Trad Traditi ition on by publi public c instr instrum umen ent t – the execution is equivalent to the delivery of the thing, object of the contract OCCUPATION A mode mode of acquiring acquiring ownership ownership by the seizure seizure of corpor corporea eall things things that that have have no owner, owner, with the intention of acquiring them, and according to the rules laid down by law REQUISITES: 1. There There must must be seizur seizure e of of a thing; thing; 2. The The thin thing g seized seized must must be corp corpor orea eall perso persona nall property; 3. The thing thing must must be susc suscept eptibl ible e of approp appropria riation tion by nature; 4. The thing thing must must be withou withoutt an owner; owner; 5. There There must must be be an intention intention to approp appropriate; riate; and 6. Requis Requisites ites laid laid down down by by law must must be be complie complied d with. SPECIFIC INSTANCES: 1. hunt huntin ing g an and fis fishi hin ng 2. fin finding ing of movab ovable les s whic which h do not have ave an owner 3. finding finding of aband abandon oned ed movab movables les 4. findi finding ng of hid hidde den n trea treasu sure re 5. catch catchin ing g of swarm swarm of bees bees that that has has escape escaped d from its owner, under certain conditions 6. catch catchin ing g of domes domestic ticate ated d anim animal als s that that have have esca escape ped d from from their their owne owners rs,, unde underr certa certain in conditions 7. catchin catching g of pigeon pigeons s withou withoutt fraud fraud or artific artifice e 8. tra transfer sfer of fish fish to ano anothe ther breed reedin ing g plac lace without fraud or artifice •

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A thing that has been lost or taken by force is not ipso facto converted to res nullius for it to belong to the person who takes possession of the same without the necessity of proving the mode of his acquisition and it may thus be recove recovered red by the origin original al owner owner (See (See Art. Art. 559). Such Such thin thing g cann cannot ot be acqu acquir ired ed by prescription even if extraordinary. Land Land cann cannot ot be the the obje object ct of occu occupa patio tion n becaus because e when when land land is withou withoutt an owner, owner, it perta ertain ins s to the the State tate (Rep (Repor ortt of Code Code Commission). The The Stat State e need need not not acqu acquire ire abandoned lands by occupation because once the the requ requis isite ites s of aban abando donm nmen entt had had been been fulfille fulfilled; d; revers reversion ion opera operates tes autom automatic aticall ally y (Pineda, 497). 497). DONATION

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An act of liberality liberality whereby whereby a person person disposes disposes gratuitously of a thing or right in favor of another who accepts it (Art. 725) REQUISITES: (CIDA) 1. dono donorr must must have have capac apacit ity y to make the the donation 2. he must have ave dona onative tive intent (animus donandi) 3. there must be delivery 4. donee must accept or consent to the donation

ESSE ESSENT NTIA IAL L FEAT FEATUR URES ES/E /ELE LEME MENT NTS S OF A TRUE DONATION: 1. Alien Alienatio ation n of prop propert erty y by the don donor or durin during g his lifetime, which is accepted 2. Irre Irrevo voca cabi bilit lity y by the the don donor or 3. Animu imus Don Dona andi 4. Conse Consequ quent ent impov impoveri erishm shmen entt of the dono donor r CLASSIFICATION: 1. As to effectivity: a. inter vivos b. mortis causa c. propter propter nuptias nuptias extinguishment: 2. As to perfection/ extinguishment: a. pure b. with a condition c. with a term 3. As to consideration: a. simple – gratuitous b. remuneratory or or co compensatory – made on account of donee’s merits c. modal – imposes upon the donee a burden which is less than the value of the thing donated onerous – imposes upon the done d. a recip recipro roca call oblig obligat atio ion n or, or, to be more more precise, this is the kind of donation made for a valuable consideration, the cost of which is equal to or more than the thing donated (Rep (Repub ubli lic c vs. vs. Sili Silim, m, GR No. No. 149487, April 2, 2001) •

A stipulation stipulation in the donation that it was made for for and and in cons conside idera ratio tion n of the the “lov “love e and and affe affecti ction on which which the the Done Donee e insp inspir ires es in the the Donor, or, and and as an act of lib liberali rality ty and and generosity” is sufficient cause for a donation (Qui (Quila lala la vs. vs. Alca Alcant ntar ara, a, GR No. No. 1326 132681 81,, December 3, 2001).

San Beda College of Law DONATION INTER VIVOS AND VIVOS AND DONATION MORTIS CAUSA DISTINGUISHED DONATION INTER DONATION MORTIS VIVOS CAUSA Takes effect Take Takes s effe effect ct upon upon the the inde indepe pend nden ently tly of the death of the donor donor’s death Made ade out out of dono donor’ r’s s Made Made in contem contempla plation tion pure generosity of his death without the intention to lose the thing or its its fre free disp dispos osal al in case of survival Title Title convey conveyed ed to the Title itle conve onveye yed d upon donee before the donor’s death donor’s death Valid if donor survives Void Void if dono donorr surv survive ives s done done Don Donation tion Inte Interr Viv Vivo os Donat onatio ion n Morti ortis s Ca Causa Takes effect Take Takes s effe effect ct upon upon the the inde indepe pend nden ently tly of the death of the donor donor’s death Made ade out out of dono donor’ r’s s Made Made in contem contempla plation tion pure generosity of his death without the intention to lose the thing or its its fre free disp dispos osal al in case of survival Title Title convey conveyed ed to the Title itle conve onveye yed d upon donee before the donor’s death donor’s death Valid if donor survives Void Void if dono donorr surv survive ives s done done Gener Generally ally irrevo irrevocab cable le Always Always revocable revocable at during during donor’s donor’s lifetime lifetime anyt anytim ime e and and for for any any exc except ept for for grou groun nds reason before the provid provided ed by law (Arts. (Arts. donor’s death 760, 765) Must Must comply comply with the Must Must com comply ply with with the the formalities formalities required required by forma formalitie lities s requir required ed by Arts. 748 and 749 of law for the execution of the Code wills Must Must be acce accept pted ed by Can Can only only be acce accept pted ed the the done donee e durin during g his his after the donor’s death lifetime Subj Subjec ectt to dono donor’ r’s s tax tax Subj Subjec ectt to esta estate te tax tax •

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The title given to a Deed of Donation is NOT the the dete determ rmin inat ative ive facto factorr which which make makes s the the dona donatio tion n “inter inter vivo vivos s” or “mortis mortis causa causa.” .” Whether Whether a donation donation is inter vivos or mortis causa depend ends upon the the natu ature of the the disposition made (Reyes vs. Mosqueda, GR No. 45262, July 23, 1990). Art. 729 speaks speaks of donations donations in praesenti praesenti which which take take effect effect durin during g the lifetime lifetime of the donor but the property shall be delivered only after the donor’s donor’s death. Such donations donations are inter vivos although the subject matter is not delivered at once, or the delivery is to be made post mortem mortem, which is a simple matter of form

MEMORY AID IN CIVIL LAW| 70 and does not change the nature of the act (Vita ita vs. vs. Monta ontan nano GR No. No. L-505 -5055 53, February 19, 1991). 1991 ). DONATIONS PROHIBITED BY LAW: 1. Made by persons guilty of adultery or concubinage at the time of donation; 2. Made ade betw betwee een n pers person ons s foun found d guil guilty ty of the same criminal offense in consideration thereof; 3. Made ade to a publ public ic offi office cerr or his/h his/her er spous spouse, e, descendants or ascendants in consideration of his/her office; 4. Made Made to the the pries priestt who hear heard d the conf confess ession ion of of the donor during the latter’s last illness, or the minister of the gospel who extended spiritual aid to him during the same period; 5. Made to relatives of such priest, etc. within the 4th degree degree,, or to the church church to which which such priest belongs; 6. Made ade by a ward ward to the the guar guard dian ian befor before e the the approval of accounts; 7. Made Made to an attes attestin ting g witness witness to the the execu execution tion of donation, if there is any, or to the spouse, parents, or children, or anyone claiming under them. 8. Made Made to a phys physici ician an,, surg surgeo eon, n, nurse nurse,, heal health th officer or druggist who took care of the donor during his/her last illness; 9. Made by individuals, associations or corpo corporat ration ions s not not permit permitted ted by law to make make donations; and 10. 10. Made Made by spou spouse ses s to each each other other durin during g the the marri marriag age e or to perso persons ns of whom whom the other spouse is a presumptive heir. FORMS OF DONATIONS: 1. Donat Donation ions s of of mov movabl able e prop propert erty: y: a. If donatio donation n is oral, oral, simult simultane aneous ous deliv delivery ery of of property donated is required if the value is P5,00 P5,000.0 0.00 0 or less. less. Accep Acceptan tance ce may may be oral or written. b. If dona donatio tion n is in writin writing, g, simul simultan taneo eous us deli delive very ry of prop proper erty ty dona donate ted d is not required regardless of value. Acceptance may be oral or written. c. If the the value exce xceeds P5,000.00 .00, the the dona donatio tion n and and acce accept ptan ance ce must must be in writing. Simultaneous delivery of property donated is not required. 2. Donat Donation ion of immova immovable ble proper property ty:: a. must be in a public public instrument specifying the prope property rty donat donated ed and and the burde burdens ns assumed by donee, regardless of value b. acce accept ptan ance ce mus mustt be eithe either: r: i. in the the sam same e inst instru rume ment nt ii. in anothe anotherr public public instrum instrument ent,, notified notified to the donor donor in authentic form, and noted in both deeds

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Law •

Expression Expression of gratitude gratitude to the donor without expr expres ess s acce accept ptan ance ce was was held held a suff suffici icien entt acceptance acceptance (Cuevas vs. Cuevas GR No. L8327, December 14, 1955 ). ).

LIMITATIONS ON DONATION OF PROPERTY: 1. Futur Future e prope property rty can cannot not be be donat donated. ed. 2. Presen Presentt prope property rty that that can can be donate donated: d: a. if the dono donorr has has forc forced ed heir heirs: s: he canno cannott give give or receive receive by donatio donation n more more than than what he can give or receive by will; and b. if the don donor or has has no force forced d heirs heirs:: donati donation on may include all present property provided he rese reserv rve es in full full own ownersh rship or in usufruct: i. the the amoun amountt nece necess ssar ary y to suppo support rt him and thos those e relatives entitled to support from him ii. property suffic fficie ien nt to pay the donor’s debt contracted prior to the donation. 3. Donatio Donation n should should not not preju prejudic dice e credito creditors. rs. 4. Donee must reserve sufficient means for his support and for his relatives which are entitled to be supported by him. EFFECTS OF DONATION: 1. done donee e may dema demand nd the the delive delivery ry of the thin thing g donated 2. donee donee is sub subrog rogate ated d to the the rights rights of of the dono donor r in the property 3. in donations propter nuptias, nuptias, the donor must releas release e the prope property rty from from encum encumbra brance nces, s, except servitudes 4. dono donor’ r’s s warr warran anty ty exis exists ts if if a. expressed b. donation is prop is propter ter nuptias nuptias c. donation is onerous d. donor is in bad faith 5. when when the don donatio ation n is made made to sever several al done donees es jointly, they are entitled entitled to equal equal portions, portions, witho without ut accr accret etion ion,, unle unless ss the the cont contra rary ry is stipulated PAYMEN PAYMENT T OF THE DONOR DONOR’S ’S DEBT DEBT BY THE THE DONEE: 1. If there is express stipulation: the donee is to pay pay only only debt debts s cont contra ract cted ed befo before re the the donatio donation, n, if not otherw otherwise ise specifi specified ed;; but but the donee donee answers answers only only up to the value value of the property donated, if no stipulation is made to the contrary 2. If ther there e is no stipu stipula lati tion on:: the the done donee e is answerable for the debts of the donor only in case of fraud against creditors. GROUNDS FOR REVOCATION OF REVOCATION OF DONATION: 1. birth, birth, app appear earanc ance, e, or adop adoption tion of a child child 2. non-fu non-fulfill lfillmen mentt of a resol resoluto utory ry cond conditio ition n 3. ingr ingrat atitu itude de of the the don donee ee

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Acts of Ingratitude (Art. 765) a. If the done donee e shoul should d commi committ some offe offens nse e against the person, the honor or property of the the dono donor, r, or of his his wife wife or child childre ren n under his parental authority; b. He imp imputes tes to the the donor any any crim crimin ina al offe offen nse, se, or any any act inv involvi olvin ng mora oral turpitude, even though he should prove it, unle unless ss the the crim crime e or the the act act has has been been committed against the donee himself, his wife or children under his authority; and c. He undu unduly ly refu refuse ses s him supp suppor ortt when when the donee is legally or morally bound to give support to the donor. GROUNDS FOR REDUCTION OF REDUCTION OF DONATION: 1. birth, birth, app appear earan ance, ce, or or adopt adoption ion of of a child child 2. failur failure e of the dono donorr to reserv reserve e sufficie sufficient nt means means for support of himself or dependent relatives 3. fail failu ure of the the donor to rese reserv rve e suff suffic icie ien nt property to pay off his existing debts 4. inoffic inofficiou iousne sness, ss, that that is, the dona donation tion exce exceeds eds that which the donor can give by will •

If a Deed of Donation expressly provides for automatic reversion of the property donated in case case of viol violat atio ion n of a cond conditi ition on ther therein ein,, a judicial judicial declaration declaration revoking revoking the same is not neces necessar sary. y. The The rules rules on contra contracts cts and the gene genera rall rule rules s on pres prescr cript iptio ion n (10 (10 year years s to recove recoverr in case case of written written contra contracts) cts) should should apply and not the 4 year prescriptive period und under Art. Art. 764 764 of the the Civi Civill Code Code (Roman Catholic Archbishop of Manila vs. CA, GR No. 77425, June 19, 1991). 1991). PRESCRIPTION

CONCEPT: it is a means of acquiring ownership and other real rights or losing rights or actions to enforce such rights through the lapse of time. KINDS: Acquisitive ive prescript prescription ion – one one acqu acquir ires es 1. Acquisit owner ownership ship and other other real real rights rights throu through gh the lapse lapse of time time in the manner manner and under under the conditions laid down by law. a. Ordina Ordinary ry acquisiti acquisitive ve prescr prescripti iption on:: requires requires possession of things in good faith and with just title for the time fixed fixed by by law b. Extr Extrao aord rdin inar ary y acqu acquis isit itiv ive e pres prescr crip ipti tion on:: acquis acquisitio ition n of owners ownership hip and other other real real rights without need of title or of good faith or any other condition Requisites: a. capacit capacity y to acquir acquire e by by pres prescrip cription tion

San Beda College of Law b.

a thing capable of acquisition by prescription c. possession of thing under certain conditions d. laps lapse e of time time prov provid ided ed by by law law

2. Extinctive Prescription – rights and actions are are lost lost thro throug ugh h the the laps lapse e of tim time in the the manner and under the conditions laid down by law; also called limitation of actions Acquisitive and Extinctive Prescription Distinguished ACQUISITIV ACQU ISITIVE E EXTINCTIVE PRESCRIPTION PRESCRIPTION relatio relationsh nship ip betwe between en one does not look to the occupant and the the act of the land in terms of posse possesso ssorr but but to the possession is capable neglect of the owner of prod roducin cing leg legal cons conseq eque uenc nces es;; it is the possessor who is the actor requir requires es posse possessio ssion n requ requir ires es inac inactio tion n of by a claimant who is the owner owner or neglec neglectt not the owner of one with a right to bring his action applicable to applies to all kinds of owner ownership ship and and other other rights, whether real or real rights personal vest vests s own ownersh ership ip or produces the other real rights in the extinction extinction of rights or occupant bars a right of action results in the results in the loss of a acquisition of real or personal right, owne owners rshi hip p or othe other r or bars the cause of real rights in a person action to enforce said as well as the loss of right said ownership or real rights in another can be proven proven under should be affirmatively the the general iss issue pleaded and proved to without its being bar the action or claim affirmatively pleaded of the adverse party LACHES – failure or neglect for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, one could or should have done earlier. PERSO PERSONS NS AGAIN AGAINST ST WHOM WHOM PRESCR PRESCRIPT IPTION ION RUNS: 1. Mino Minors rs and other other inca incapa pacit citat ated ed perso persons ns who have have pare parent nts, s, guar guard dians ians or othe otherr lega legall representatives 2. Absen Absentee tees s who who have have adminis administra trator tors s 3. Person Persons s living living abroa abroad d who have have mana manager gers s or administrators 4. Juri Jurid dical ical pers person ons, s, exce except pt the the stat state e and and its its subdivision

MEMORY AID IN CIVIL LAW| 72 PERSO PERSONS NS AGAIN AGAINST ST WHOM WHOM PRESCR PRESCRIPT IPTION ION DOES NOT RUN: 1. Betwe Between en husba husband nd and and wife, wife, even even thoug though h there there be separation of property agreed upon in the marriage settlements or by judicial decree. 2. Betw Betwee een n paren arents ts and and chil childr dren en,, duri durin ng the the minority or insanity of the latter 3. Betwe tween guardian ian and ward durin ring the the continuance of the guardianship

PERIOD OF PRESCRIPTION MOVABLES IMMOVABLES Good Faith 4 years

10 years Bad Faith

8 years

30 years

Rules on Computation of Period: 1. The prese resen nt posse ossess ssor or may com complete lete the the period period necessary necessary for prescription prescription by tacking tacking his his posse ossess ssio ion n to that that of his his gran granto torr or predecessor. 2. It is presu presume med d that that the pres present ent poss possess essor or who who was also the possessor at a previous time, has cont contin inue ued d to be in poss posses essio sion n durin during g the the intervening time, unless there is proof to the contrary. 3. The first first day day shal shalll be excl exclud uded ed and and the last last day included.


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San Beda College of

Property Memaid

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