C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 Title I – PROPERTY •
•
•
Classification (according to mobility): 1.
Immovable – real property
2.
Movable – personal property
Requisites: 1. Utility 2.
Individuality/Substantivity
3.
Susceptibili ility of appropriation
Real Rights 1.
no pass passiv ive e sub subje ject ct – clai claim m agai agains nstt whol whole e wor world ld
2.
objec ject is is corp corpo orea real th thing ing (o (oblig ligation tion))
3.
crea create tes s jur jurid idic ical al rela relati tion ons s thr throu ough gh mod mode & titl title e
4.
1. 2. 3. 4. 5. •
Real rights arises from (OPLUMEPARP) Ownership 6) Easement Possession 7) Pledge Lease 8) Antichresis Usufruct 9) Redemption Mortgage 10) Preemption
Personal Rights 1.
Passive an and ac active su subject
2.
Obje Object ct is an inta intang ngib ible le thin thing g (spe (speci cifi fic c thi thing ng))
3.
Crea reates tes ju jurid ridica ical rela relattion ions th throu rough tit titlle
4. •
exti exting ngui uish shed ed thro throug ugh h los loss s or or des destr truc ucti tion on of thin thing g e.g. Registration
Not Not exti exting ngui uish shed ed thr throu ough gh loss loss or or dest destru ruct ctio ion n of of thin thing g E.g. Action to recover sum of money or debt
Immovable property 1. By nature – cannot be moved from place to place because of their nature a) land, buildings & all kinds of constructions adhered to soil b) mine, quarries
2. By incorporation – essentially movables but attached to an immovable that it becomes an integral part of it a) trees, trees, plants plants & growing growing fruits fruits adhered adhered to soil soil b) everything attached to an immovable immovable that that it will break break if separated separated c) statues, paintings paintings if intended intended by owner owner to be integral integral part part of immovable immovable d) animal animal houses houses if intended intended by owner to become become permane permanently ntly attache attached d to immovable 3. By destination – movables but purpose is to partake of an integral part of an immovable a) machine machinery ry placed placed by owner owner of the teneme tenement nt & tend directl directly y to meet the the needs of such works/industry 1
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 b) fertil fertilize izers rs – when when applie applied d to soil soil c) docks docks & floa floatin ting g struc structur tures es
4. By analogy/by law – contracts for public works, servitude & other real rights over immovable property •
Movable property 1. sus suscep ceptible ible of approp ropria riatio tion tha that are not inc includ luded in enumerati ratio on in immovable 2.
immo immova vabl ble e that that are are des desig igna nate ted d as mov movab able le by by spec specia iall prov provis isio ion n of law law
3.
forc forces es of natu nature re brou brough ghtt und under er cont contro roll by by sci scien ence ce
4. thin things gs w/c w/c can can be be tra trans nspo port rted ed w/o w/o imp impai airm rmen entt of real real pro prope perty rty wher where e they they are fixed 5.
obli obliga gati tion ons s whic which h invo involv lve e dema demand ndab able le sum sums s (cre (credi dits ts))
6. shar shares es of of stock stocks s of agri agricu cult ltur ural al,, comme commerc rcia iall & indus industr tria iall entit entitie ies s altho althoug ugh h they may have real estate •
•
Classification of Movables 1.
cons consum umab able le – can canno nott be be uti utili lize zed d w/o w/o bein being g con consu sume med d
2.
non-consumable
Classification of Property (according to ownership): 1.
Public dominion – a) inten intende ded d for for publi public c use use b) intended for public public service service of state, provinces, cities & municipalities municipalities
Characteristics: a) outside the the commerce commerce of of men – cannot cannot be alienated alienated or leased leased b) cannot cannot be acquired acquired by private private individua individuall through prescri prescriptio ption n c) not subject subject to attach attachmen mentt & executio execution n d) cannot cannot be burdene burdened d by volun voluntary tary easem easement ent
2.
Private Ownership – a) patrimonial patrimonial property property of state, provinces, provinces, cities, cities, municipalit municipalities ies 1.
exis xist fo for at attain tainiing ec economic ends of of sta statte
2. prop proper erty ty of of publ public ic dom domin inio ion n when when no no long longer er int inten ende ded d for for publ public ic use/service – declared patrimonial b) property belonging belonging to private persons – individually individually or collectively collectively
2
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 Title II – OWNERSHIP Chapter 1: OWNERSHIP IN GENERAL Definitions of Ownership
Indep Indepen ende dent nt and and gene general ral right right of a perso person n to contro controll a thing thing parti particul cularl arly y in his his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law.
Power of a person over a thing for purposes recognized by law & within the limits established by law
•
Attributes:
1. Jus possidendi – possidendi – right to possess 2. Jus utendi – utendi – right to enjoy 3. Jus fruendi – fruendi – right to fruits 4. Jus abutendi – abutendi – right to use and abuse 5. Jus disponendi – disponendi – right to dispose 6. Jus vindicandi – vindicandi – right to exclude others from possession of the thing Actions for possession: 1. movable – movable – replevin (return of a movable) 2. immovable – immovable – a) forcible entry – used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation)
b) unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation) c) accion publiciana – plenary action to recover possession d) accion reinvindicatoria – recovery of dominion of property as owner 7. Principle of self help – self defense Elements: a) Person Person exercisi exercising ng rights rights is owner owner or lawful lawful possessor possessor b) There is actual actual or threatene threatened d unlawful unlawful physical physical invasion invasion of his property c) Use force force as may may be reasona reasonably bly necess necessary ary to repel repel or prevent prevent it Available only when possession has not yet been lost, if already lost – resort to judicial process
May be exercised by 3 rd person – negotiorum gestio
8. Right Right to enclose enclose or fence w/o detrim detriment ent to servitu servitude de constitut constituted ed
3
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 9. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment) 10. Right to hidden treasure treasure found in own own property a) hidden and unknown unknown movables movables w/c consist consist of money money or precious objects objects b) owne ownerr is is unkn unknow own n c) by chance chance – if property property owner owner is state – ½ belongs belongs to finder; finder; also also if in another’s another’s property; the finder must not be trespasser •
Limitation on Ownership 1. gene genera rall limi limita tati tion ons s for for the the benef benefit it of the the state state (emi (emin nent ent doma domain in,, poli police ce power, taxation) 2.
spec specif ific ic limi limita tati tion ons s imp impos osed ed by law law (se (serv rvit itud ude, e, ease easeme ment nts) s)
3.
specif specific ic limita limitatio tions ns impo imposed sed by party party trans transmit mittin ting g own owners ership hip (will, (will, contra contract) ct)
4. limi limita tati tion ons s impo impose sed d by owne ownerr hims himsel elff (vol (volun unta tary ry serv servit itud ude, e, mort mortga gage ges, s, pledges) 5. inherent limitations arising from conflicts with other similar rights (contiguity of property)
6. owner cannot make use of a thing which shall injure/prejudice injure/prejudice rights of 3 rd persons (neighbors) 7. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity – vs. principle of unjust enrichment) 8. true owner must resort to judicial process – when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession a) iden identi tify fy prop proper erty ty b) show show that that he he has has bette betterr title title Chapter 2: RIGHT OF ACCESSION •
Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto 1. prin princi cipl ple e of of just justic ice e 2. acces accessor sory y follow follows s the prin princip cipal al
•
•
Accession continua – accession to products of the thing Rights of owners: owners: natural, industrial & civil fruits exception: possession in good faith by another, usufruct, lease, antichresis
•
Obligation of owners: a)
Immovables – accretion
4
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 1. Alluvium - owner of lands lands adjoining banks banks of river belongs belongs the accretion gradually received from effects of the water's current
Requisites: a. deposit deposit is gradua graduall & impercep imperceptibl tible e b. made made throug through h effects effects of curren currentt of water water c. land where where accre accretion tion takes takes place place is is adjacent adjacent to to banks banks of river river
Rights of riparian owner Right to accretion ipso facto – no need to make an express act of possession
2. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters Rights of riparian owner
a) Right Right to portion portion of land transfe transferred rred if not not claimed claimed by owner owner within within 2 years (prescription) b) Right Right to trees trees uproote uprooted d if not not claimed claimed by owner owner w/in w/in 6 month months; s; subject to reimbursement for necessary expenses for gathering them & putting them in safe place 3. Change of river bed Right of owner of land occupied by new river course
1. Right Right to old bed bed ipso ipso facto facto in proport proportion ion to area lost lost
2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed 3. Formation Formation of island island in non-na non-naviga vigable ble river river a)
owne ownerr of of mar margi gin n nea neare rest st to isla island nds s for forme med d – if near neares estt to to itit
b) owne ownerr of both both marg margin ins s – if if isla island nd is in in the the middl iddle e (div (divid ided ed into halves longitudinally) 4. build building ing,, plan plantin ting g & sow sowing ing •
General Rule – whatever is built, planted or sown belongs to owner of land;
presumption is owner made them at his expense
Exception: contrary is proven
Right of owner of material 1. land
Righ Rightt to be be inde indem mnifi nified ed or or paid paid of of valu value e of of prop proper erty ty by by owne ownerr of
2. Right to rem remove mat materials if he ca can do so so w/o w/o inj injury to wor work constructed if owner has not paid 3. Rig Right to dam damages and and dem demolitio ition n eve even if with with in injury to to work work if if owner of land is in bad faith
5
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
Right of owner when another builds, plants or sows in his land:
OWNER & BUILDER BOTH IN GOOD FAITH 1.
Appr Approp opri riat ate e as his his own own afte afterr payi paying ng for for inde indemn mnit ity y
2. Oblige Oblige the planter planter,, builder builder to pay for price price of land land or rent, except except when when value of lands is greater than thing built – convert to rent Right of Builder in good faith before payment of indemnity of owner in good faith
1.
Right to to retain land & building
2.
Rig Right no not to be com compelled led to to pay fo for re rent
3. Righ Rightt of re retent tentio ion n ceas ceases es whe when n obli oblige ged d to pay pay for for val value ue of of and and if he fails to do so
Right of owner in good faith when builder is in bad faith 1.
Righ Rightt to to app appro ropr pria iate te what what has has bee been n bui built lt w/o w/o pay payin ing g ind indem emni nity ty
2.
Order demolition of building
3.
Com Compel pel the the buil builde derr to to pay pay for for pri price ce of land land or rent rent
4.
Right to damages
Right of builder in bad faith when owner is in good faith Right to be reimbursed for necessary expenses for preservation of land
Right of Builder in good faith when owner is in bad faith 1.
Rig Right to to in indemnity ity fo for va value of of bu build ilding ing
2.
Right to damages
3.
Rig Right to to de demolis lish w/o w/o payme yment of of in indemnity ity
Bad faith on both builder & owner
– in pari delicto (no cause of action vs. each other)
Right of 3rd person who owns materials 1. Righ Rightt to be inde indemn mnif ifie ied d for for valu value e of of mat mater eria ials ls irr irres espe pect ctiv ive e of of good good faith or bad faith of builder or owner; if builder has no property, owner is subsidiarily subsidiarily liable 2. When When buil builde derr is in bad bad fai faith th & own owner er in good good fait faith h & owne ownerr com compe pell builder to remove improvements, owner is not subsidiarily liable
3. When 3rd person is paid by builder, builder may demand from landowner the value of labor & materials b) Movables 6
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
1. Conjunction / adjunction – 2 movable things which belong to different owners are united to form a single object
Test to determine w/c one is the principal: a. that that to w/c the the other other intend intended ed to be united united as orname ornament nt or for its use of perfection b. value c. volume
Rights:
1. If both both are are in good good fait faith h – owner owner of princ princip ipal al acqu acquire ired d the accessory with indemnification 2. If both are in good faith – may separate them if no injury will be caused; if value of accessory is greater than principal , principal , owner of accessory may dema demand nd separa separatio tion n even even if dama damage ges s will will be cause caused d to the princ principa ipall (expenses to be borne by one who caused the conjunction)
3. If owner of accessory is in bad faith – owner of accessory with damages to principal 4. If owner of principal is in bad faith – owner of accessory shall have option of principal paying value of accessory or removal of accessory despite destruction of principal 5. Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent – may demand that a thing equal is kind, value and price 2. Specification – Specification – One employs the materials of another in whole or in part on order to make a thing of a different kind; transformation
Rights:
1. If person who made the transformation is in good faith - he shall appropriate the thing transformed as his own with indemnity to owner of material for its value 2. If material is more precious than transformed thing – owner of material may appropriate the new thing to himself after indemnity paid to labor or demand indemnity for materials 3. If person who made the transformation is in bad faith, owner of material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages 4. If transfor transformed med thing is more valuable valuable than material, material, owner owner of material cannot appropriate 3. Commixtion / confusion – 2 things of the same or different kinds are mixed & are not separable w/o injury
Rights:
7
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
1. If both owners are in good faith – Each owner shall acquire a right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused) 2. If one owner is in bad faith – he shall lose the thing belonging to him plus indemnity for damages caused to owner of other thing mixed with his thing 3. If both in bad faith no cause of action against each other Chapter 3: QUIETING OF TITLE •
Reasons: 1. prevent litigation 2.
protect tr true tititle & possession
3. real real inte intere rest st of of both both part partie ies s which which requ requir ires es that that pre preci cise se sta state te of of title title be known •
Action to quiet title put end to vexatiou vexatious s litigatio litigation n in respect respect to property property involved; involved; plaintif plaintiff f asser asserts ts his own own esta estate te & gene general rally ly decla declares res that that defe defend ndan ant’s t’s claim claim is w/o foundation
when proper: 1. contract contract has has been been extin extinguis guished hed or or terminat terminated ed 2. contra contract ct has has prescr prescribe ibed d 3. rem remove clo cloud
•
Action to remove cloud intende intended d to procure procure cancella cancellation tion,, delivery, delivery, release release of an instrume instrument, nt, encumbrance, or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title
Cloud – any instrument which is inoperative but has semblance of title
Requisites: 1. Plaintiff Plaintiff must must have have lega legall or equita equitable ble intere interest st 2. Need Need not not be in posse possessio ssion n of property property 3. Return Return to defenda defendant nt all benefits benefits receive received d – he who wants justice justice must must do justice
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING •
Liability for damages:
1.
collapse – engineer, architect or contractor
8
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 2. collapse resulting from total or partial damage ; no repair made – owner; state may compel him to demolish or make necessary work to prevent if from falling 3.
if no action – done by government at expense of owner
9
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 Title III: CO-OWNERSHIP •
•
•
Co-ownership a)
plurality of of su subjects – many ow owners
b)
unit unity y of of mat mater eria iall (ind (indiv ivis isio ion) n) of of obj objec ectt of of own owner ersh ship ip
c)
recognition of ideal shares
Causes/Sources: 1. law 2.
contracts
3.
succession
4.
for fortuit tuito ous even vent/ch t/cha ance – com commixti ixtio on
5.
occu ccupancy – 2 pe perso rsons ca catch tch a wild ild an animal
Distinguished from partnership
a)
partnership created only by agreement; co-ownership has many sources
b) purpose purpose of partner partnership ship is to obtai obtain n profit profit;; co-ownership is collecti collective ve enjoyment of a thing c) in partnership there is juridical personality distinct from individuals, none in co-ownership d)
partnership can be created for more than 10 years, not in co-ownership
e) partners cannot transfer rights w/o consent of other co-partners, not coownership f)
partnership extinguished when partner dies, not in co-ownership
g) distribution of profits in partnerships may be stipulated , stipulated , this is not flexible in co-ownership but depends on ideal share/interest •
Rights of co-owners 1. Right to benefits proportional proportional to respective respective interest; stipulation stipulation to contrary contrary is void void 2. Right Right to to use use thing thing co-ow co-owne ned d a. for purp purpose ose for for whic which h it is inten intende ded d b. without without prejudic prejudice e to inte interest rest of owne ownership rship c. without without preven preventing ting other other co-own co-owners ers from from making making use thereo thereof f 3. Right Right to change change purpos purpose e of co-owner co-ownership ship by agree agreemen mentt 4. Right Right to bring actio action n in ejectmen ejectmentt in behalf behalf of other other co-owne co-owner r 5. Right Right to compel co-owne co-owners rs to contribute contribute to necessar necessary y expenses expenses for preservat preservation ion of thing and taxes
10
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 6. Right Right to exempt exempt himself himself from obligatio obligation n of paying necessar necessary y expenses expenses and taxes by renou renounc ncing ing his share share in the pro-ind pro-indivi iviso so inter interest est;; but but can’t can’t be made made if prejudicial prejudicial to co-ownership 7. Right Right to make repairs repairs for preser preservati vation on of things things can be made made at will of one one coowner; owner; receive receive reimburs reimburseme ement nt therefro therefrom; m; notice notice of necessity necessity of such repairs must be given to co-owners, if practicable 8. Right Right to full full owne ownership rship of his his part part and and fruits fruits 9. Right to alienate, alienate, assign or or mortgage mortgage own part; except except personal personal rights like right to use and habitation 10. Right to ask ask for partition partition anytime anytime 11. Right of pre-emptio pre-emption n 12. Right of redemptio redemption n 13. Right to be adjudicated thing (subject (subject to right of others to be indemnified) 14. Right to share in proceeds proceeds of sale of thing if thing is indivisible indivisible and they cannot cannot agree that it be allotted to one of them
•
Duties/Liabilities 1. Share in in charges proportional proportional to respective respective interest; interest; stipulation stipulation to contrary contrary is void void 2. Pay necessary necessary expenses expenses and taxes taxes – may may be exercised by only one co-owner co-owner 3. Pay useful useful and and luxuriou luxurious s expenses expenses – if determ determine ined d by majority majority 4. Duty to obtain obtain consen consentt of all if thing is to be altered altered even even if beneficial beneficial;; resort to court if non-consent is manifestly prejudicial 5. Duty Duty to obtain obtain conse consent nt of major majority ity with regards regards to admin administ istrat ration ion and better better enjoyme enjoyment nt of the thing; thing; control controlling ling interest; interest; court interven intervention tion if prejudic prejudicial ial – appointment of administrator 6. No presc prescri ript ptio ion n to run in favor favor co-o co-own wner er as long long as he reco recogn gniz izes es the cocoownership; requisites for acquisition through prescription a. he has has repud repudiate iated d throug through h unequ unequivoc ivocal al acts acts b. such act act of repud repudiati iation on is made made known known to other other co-owne co-owners rs c. evidence evidence must be clear clear and and convi convincin ncing g 7. Co-owners cannot ask for physical division division if it would render thing thing unserviceable unserviceable;; but can terminate co-ownership 8. After After partition, partition, duty to render mutual mutual accountin accounting g of benefit benefits s and reimbursem reimbursements ents for expenses 9. Every co-owner co-owner liable liable for defects defects of of title and and quality quality of portion portion assigned assigned to each of of the co-owner
11
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 •
Rights of 3rd parties 1. credi creditor tors s of assign assignee ees s may may take take part part in division division and object object if being being effect effected ed without without their their concurren concurrence, ce, but cannot cannot impugn impugn unless there is fraud fraud or made made notwithstanding their formal opposition 2. non-int non-interve ervenors nors – retain retain rights of mortgag mortgage e and servitude servitude and other other real rights rights and personal rights belonging to them before partition was made
Title V: POSSESSION •
Possession – holding of a thing or enjoyment of a right 1. occupan occupancy cy – actua actuall or const construct ructive ive (corp (corpus) us) 2. inten intentt to posse possess ss (an (animu imus) s)
•
How acquired:
a. material occupation – possession as a fact 1. physical 2. cons constr truc ucti tive ve – tradicion brevi manu (one who possess a thing short of title of owner – lease ); tradicion constitutum possesorium possesorium (owner alienates thing but continues to possess – depositary, pledgee, tenant) cannot be recognized at the same time in 2 different personalities except co-possession
question arise regarding fact of possession
1. prese present nt pos posses sessor sor pre prefer ferred red
2. 2 possessors – one longer in possession 3. dates of possession the same – one who presents a title 4. both have titles – judicial resolution b. subject to action of our willwill - possession as a right 1. tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys) 2. tradicion longa manu – manu – pointing out to transferee the things which are being transferred c. proper acts and legal formalities established for acquiring rights – donation, sale •
What can be subject of possession – things or rights which are susceptible of being appropriated
12
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
•
Degrees of possession: 1. holding holding w/o w/o title title and and in viola violation tion of of right right of owner owner 2. possess possession ion with with juridica juridicall title but but not not that of of owner owner 3. possess possession ion with with just just title title but but not from from true true owner owner 4. possess possession ion with with just just title title from from true owner owner
•
Classes of ownership:
1. in concept of owner – owner – owner himself or adverse possessor Effects: a. may be converte converted d into ownershi ownership p through through acquisitiv acquisitive e prescriptio prescription n b. bring bring actions actions nece necessary ssary to protect protect posse possessio ssion n c. ask for for inscri inscripti ption on of of posse possessi ssion on d. demand fruits and and damages damages from one unlawfully unlawfully detaining detaining property property
2. in concept of holder – holder – usufruct, lessee, bailee 3. in oneself – oneself – personal acquisition a. he must must have have capaci capacity ty to acqui acquire re posses possession sion b. inte intent nt to poss posses ess s c. possi possibil bility ity to acqu acquire ire pos posses sessio sion n
4. in name of another – another – agent; subject to authority and ratification if not authorized; negotiorum gestio a. representative representative has has intention intention to acquire for another another and and not not for himself b. person person from from whom itit is acquired acquired has has intention intention of of possessin possessing g it
5. in good faith – not aware that there exist flaw in title or mode w/c invalidates it; mistake upon doubtful question of law; always presumed ; it may be interrupted – by extraneous evidence or suit for recovery of property of true owner
6. in bad faith – aware of defect •
Possession through succession 1. possess possession ion of hereditary hereditary property property is deemed deemed transmitte transmitted d w/o interruptio interruption n from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same ) 2. one who who succeeds succeeds by hereditary hereditary title title shall shall not tack the bad bad faith of predece predecessor ssors s in interest except when he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent.
13
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
•
Minors/ Incapacitated may acquire material possession possession but not right to possession; may only acquire them through guardian or legal representatives
•
Acquisition
1. cannot cannot be acquired acquired through through force or intimida intimidation tion when a possess possessor or objects objects thereto – resort to courts 2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession ); possession not interrupted a. acts acts mer merel ely y tole tolera rate ted d b. cland clandest estin ine e and and unkn unknow own n acts acts c. acts acts of vio viole lenc nce e •
Rights of possessor: 1. Right Right to be respect respected ed in his posses possessio sion; n; if distu disturbe rbed d – protec protected ted by means means established by law; spoliation 2. Posse Possessi ssion on acquire acquired d and and enjoy enjoyed ed in conce concept pt of owne ownerr can serve serve as title title for acquisitive acquisitive prescription prescription a. Poss Posses essi sion on has has to be in conc concep eptt of owne owner, r, publ public ic,, peac peacef eful ul and and uninterrupted b. Title Title short short of owne ownersh rship ip 3. Perso Person n in concep conceptt of owner owner has has in his favor favor the the lega legall presum presumpti ption on of just just title (prima facie) 4. Possess Possession ion of real real property property presume presumes s that movabl movables es are include included d 5. Co-p Co-pos osse sess ssor ors s deem deemed ed to have have excl exclus usiv ivel ely y poss posses esse sed d part part whic which h may may be allotted to him; interruption in whole or in part shall be to the prejudice of all 6. Possess Possessor or in good faith entitled entitled to fruits fruits received received before before possessio possession n is legally legally interrupted ( natural and industrial – gathered or severed; civil – accrue daily ) 7. Possess Possessor or in good faith faith entitled entitled to part part of net harvest harvest and part part of expenses expenses of culti cultivat vation ion if there there are natur natural al or indus industri trial al fruits fruits ( propo proporti rtion onate ate to time time of possession ); owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses; if possessor in good faith refuses – barred from indemnification in other manner 8. Possess Possessor or has right right to be indemnifie indemnified d for necessary necessary expense expenses s whether whether in good faith or in bad faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by owner 9. Possess Possessor or in good faith has has right to be reimburse reimbursed d for useful useful expenses expenses with right right of retention;
14
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses 10. Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner exercises option of paying; possessor in bad faith not entitled. 11. 11. Posse Possesso ssorr in good good faith faith and bad bad faith faith may may not not be entitle entitled d to paym paymen entt for for luxuriou luxurious s expense expense but may remove them provided provided principal principal is not injured – provided owner does not refund the amount expended 12. Improvements Improvements caused by nature nature or time to inure to the benefit of person who has succeeded in recovering possession 13. Wild animals possessed possessed while in one’s control; domesticated – possessed if they retain habit of returning back home 14. One who recovers, according according to law, possession unjustly unjustly lost is deemed to have enjoyed it w/o interruption •
Liabilities/duties of Possessor 1. Return of of fruits if in bad bad faith – fruits legitimate legitimate possessor possessor could have received received 2. Bear Bear cos costt of lit litig igat atio ion n 3. Possess Possessor or in good faith faith not liable liable for loss or deteriora deterioration tion or loss loss except except when fraud and negligence intervened 4. Possess Possessor or in bad faith liable liable for loss or deteriora deterioration tion even even if caused by fortuit fortuitous ous event 5. Perso Person n who recover recovers s posse possessi ssion on not oblig obliged ed to pay for for improv improvem emen ents ts which which have ceased to exist at time of occupation
•
Loss of possession: 1. abandonment abandonment of of the thing thing – renunciation renunciation of right; intent intent to lose lose the thing 2. assignm assignment ent made made to anothe anotherr by onerous onerous or gratuit gratuitous ous title title 3. destruct destruction ion or total total loss loss of the thing thing or thing thing went went out of commerc commerce e 4. possess possession ion of another another if new possessi possession on lasted lasted longer longer that 1 year ( possession possession as a fact); real right of possession not lost except after 10 years
•
Not lost: 1. Even Even for time being being he may not know their their whereabo whereabouts, uts, possess possession ion of movable movable is not deemed lost 2. When When agen agentt encum encumbe bered red propert property y witho without ut expre express ss autho authorit rity y – excep exceptt when when ratified 3. Posses Possession sion may still still be recover recovered: ed: a. Unlaw Unlawful fully ly dep depriv rived ed or lost lost b. Acquire Acquired d at public public sale in good good faith faith – with reimb reimburse ursemen mentt c. Provision of law enabling enabling the apparent apparent owner owner to dispose as if he is owner d. Sale Sale und under er orde orderr of the court court e. Purchas Purchases es made made at merch merchant ant store stores, s, fairs fairs or markets markets
15
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
•
f. Nego Negoti tiab able le doc docum umen entt of tit title le Possession is equivalent to title a. possession is is in good faith b.
owne ownerr has has volu volunt ntar aril ily y par parte ted d wit with h the the poss posses essi sion on of the the thi thing ng
1. posse possesso ssorr is in con concep ceptt of an owner owner
Title VI: USUFRUCT •
Usufruct – right to enjoy another’s property with correlative duty of preserving its form and substance a. thing things s – mova movable ble/im /immo mova vable ble b. rights rights – provid provided ed it is not not strictl strictly y person personal al
•
Kinds: 1. lega legall - paren parents ts over over childr children en 2. volun voluntar tary y – con contra tracts cts,, wills wills 3. mixe mixed d – pre presc scri ript ptio ion n 4. total 5. partial 6. simu simult ltan aneo eous us 7. succe ccessiv ssive e 8. pure 9. conditi itional 10. With a term term
•
Rights of usufructuary: usufructuary: 1.
Righ Rightt to to civ civil il,, nat natur ural al & ind indus ustr tria iall frui fruits ts of prop proper erty ty
2.
Right to to hi hidden tr treasure as st stranger
3.
Righ Rightt to to tra trans nsfe ferr usu usufr fruc uctu tuar ary y rig right hts s – grat gratui uito tous us or oner onerou ous; s;
but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct; but but can’t can’t do acts acts of owne ownersh rship ip such such as alien alienati ation on or conve conveyan yance ce excep exceptt when when property is: a. con consumable b. inte intend nded ed for for sale sale
c. appraised when delivered; if not appraised & consumable – return same quality (mutuum) 4. Righ Rightt not not exem exempt pt fro from m exec execut utio ion n and and can can be sol sold d at pub publi lic c auct auctio ion n by owner
16
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 5. Nake Naked d owne ownerr stil stilll have have rig right hts s but but w/o w/o prej prejud udic ice e to usu usufr fruc uctu tuar ary; y; may may sti still ll exercise act of ownership –bring action to preserve 6. Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct belongs to owner 7.
Righ Rightt to to nec neces essa sary ry exp expen ense ses s fro from m cul culti tiva vati tion on at end end of of usu usufr fruc uctt
8. Righ Rightt to enj enjoy oy acc acces essi sion ons s & serv servit itud udes es in in its its favo favorr & all all bene benefi fits ts inh inher eren entt therein 9. Righ Rightt to make make use use of dea dead d trun trunks ks of of frui fruitt bear bearin ing g tree trees s & shr shrub ubs s or thos those e uprooted/cut by accident but obliged to plant anew 10. 10. Righ Rightt of usuf usufru ruct ctua uary ry of wood woodla land nd – ordi ordina nary ry cutti cutting ng as owne ownerr does does habi habitu tual ally ly or cust custom om of plac place; e; cann cannot ot cut cut down down tree trees s unle unless ss it is for for the the restoration of improvement of things in usufruct – must notify owner first 11. 11. Right Right to leave leave dead dead,, uproo uprooted ted trees trees at at the the disp disposa osall of own owner er with with righ rightt to demand that owner should clear & remove them – if caused by calamity or extraordinary event – impossible to replace them 12. 12. Right Right to to obl oblige ige owne ownerr to give give autho authorit rity y & furni furnish sh him him proofs proofs if usufru usufruct ct is is extended to recover real property or real right 13.
Righ ight to neces cessary sary expenses ses
14. 14. Righ Rightt to introd introduc uce e usefu usefull & luxu luxuri riou ous s expen expense ses s but with with no obli obliga gati tion on of reimbursement on part of owner; may remove improvement if can be done w/o damage 15. 15. Righ Rightt to set-o set-off ff impro improve vem ments ents agai agains nstt dama damage ges s he made made again against st the property 16. 16. Righ Rightt to admin adminis iste terr when when prope propert rty y is co-ow co-owne ned; d; if co-o co-own wner ersh ship ip ceas cease e– usufruct of part allotted to co-owner belongs to usufructuary – not affected 17. 17. Right Right to dema demand nd the the incr increa ease se in in value value of prop proper erty ty if owner owner did did not not spe spend nd for extraordinary repairs when urgent & necessary for preservation of thing •
Rights of naked owner 1.
Alienate thing
2.
Can’t alter form or substance
3.
Can’ Can’tt do do anyt anythi hin ng pre preju judi dici cial al to usuf usufru ruct ctua uary ry
4. Cons Constr truc uctt any any work works s and and make make any any im improv provem emen entt prov provid ided ed it it does does no not diminish value or usufruct or prejudice right of usufructuary •
Obligations of usufructuary: 1. Pay Pay expe expens nses es to to 3rd 3rd per perso sons ns for for cul culti tiva vati tion on & prod produc ucti tion on at at begi beginn nnin ing g of usufruct; whose who have right to fruits should reimburse expenses incurred 2. Gene Genera rall lly, y, usuf usufru ruct ctua uary ry has has no liab liabil ilit ity y when when due due to to wear wear & tear tear,, thin thing g deter deterio iorat rates es,, oblig obliged ed to return return in that that state state;; excep exceptt when when there there is fraud fraud or negligence, then he shall be liable 3.
Before en entering in into us usufructuary: a) Notice of of inventory inventory of property (appraisal of movables movables & description) description)
17
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
b) Post Postin ing g of of secu securi rity ty 1. not applicable to parents who are usufructuary of children except nd when 2 marriage contracted 2. excu excuse sed d – allo allowe wed d by by own owner er,, not not requ requir ired ed by law law or or no no one one will will be be injured failure to give security: owner may demand that:
a. immovab immovables les be placed placed unde underr adminis administrati tration on b. NI can be conver converted ted into into regist registere ered d certif certifica icates tes or depo deposit sited ed in bank c. Capi Capita tall & proc procee eeds ds of sale sale of mova movabl bles es be inve invest sted ed in safe safe securities d. Inte Intere rest st on proc roceeds or prop roperty rty under admin belon long to usufructuary e. Owner Owner may retain retain property property as adminis administrato tratorr w/ obligation obligation to deliver deliver fruits to usufructuary until he gives sufficient security f.
Effect Effect of security security is retro retroacti active ve to day day he is entitle entitled d to fruits fruits
4. Take care of property as a good father of family 5.
Liab Liable le for for neg negli lige genc nce e & faul faultt of of per perso son n who who subs substi titu tute te him him
6. If usufruct is constituted on animals – duty bound to replace dead animals that die from natural causes or became prey; if all of them perish w/o fault but due to contagious disease / uncommon event – deliver remains saved; if perish in part due to accident – accident – continue on remaining portion; if on sterile animals – as if fungible – replace same kind & quality
7. Obliged to make ordinary repairs – wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary – during existence of usufruct 8. Obliged to make expenses due to his fault ; fault ; cannot escape by renouncing renouncing usufruct 9.
Pay Pay leg legal al inte intere rest st from from extr extrao aord rdin inar ary y exp expen ense ses s mad made e by by own owner er
10. 10.
Paym Paymen entt of exp expen ense ses, s, cha charg rges es & tax taxes es aff affec ecti ting ng fru fruit its s
11. 11.
Paym Paymen entt of intere interest st on on amo amoun untt paid paid by owne ownerr charg charges es on on cap capita itall
12. Obli Oblige ged d to noti notify fy owne ownerr of act act of 3 rd perso person n prejud prejudici icial al to rights rights of ownership – he is liable if he does not do so for damages – as if it was caused through his own fault 13. 13. Expe Expense nses, s, cost cost & liab liabili ilitie ties s in suits suits brou brough ghtt with with rega regard rd to usu usufru fructu ctuary ary – borne by usufructuary •
Obligations of owner 1. extra xtrao ordin rdina ary expe xpenses; usuf sufruct ructu uary oblig liged to inform form owner when urgent and there is the need to make them 2.
expe xpenses aft afte er re renunciati iatio on of of us usufruc ruct
18
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
3.
taxe taxes s & expen xpense ses s impo impose sed d dire direct ctly ly on capi capita tall
4. if pro prope pert rty y is mor mortg tgag aged ed,, usuf usufru ruct ctua uary ry has has no no obli obliga gati tion on to to pay pay mort mortga gage ge;; if attached, owner to be liable for whatever is lost by usufructuary
•
5. if pro prope pert rty y is exp expro ropr pria iate ted d for for publ public ic use use – own owner er obl oblig iged ed to to eith either er rep repla lace ce it or pay legal interest to usufructuary of net proceeds of the same Extinguishment of usufruct 1. death death of usufruc usufructuar tuary y – unless unless contrary contrary intent intention ion appea appears rs 2. expira expiratio tion n of perio period d of usuf usufruc ructt 3. merge mergerr of usuf usufruc ructt & owne ownersh rship ip 4. renuncia renunciation tion of usufr usufructu uctuary ary – expres express s 5. tota totall los loss s of of thi thing ng 6. termina termination tion of right right of person person consti constituti tuting ng usufruc usufructt
7. prescription – use by 3 rd person
loss in part – part – remaining part shall continue to be held in usufruct
usufruct cannot be constituted constituted in favor of a town, Corp or assoc. for more than 50 years
usufruct usufruct constitute constituted d on immovab immovable le whereby whereby a building building is erected erected - & building is destroyed – right to make use of land & materials
if owner wishes to construct a new building – pay usufructuary the value of interest of land & materials
both both share share in insura insuranc nce e if both both pays pays premi premium um;; if only only owne ownerr – then then proceeds will go to owner only
effect if bad use of the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary
at termination of usufruct:
thin thing g to be deli delive vere red d to owne ownerr with with righ rightt of rete retent ntio ion n for for taxe taxes s & extraordinary expenses w/c should be reimbursed
security of mortgage shall be cancelled
BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP •
Different Modes of acquiring ownership: (OLDTIPS) 1) Occupation 2)
Law
3)
Donation
4)
Tradition
19
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
•
5)
Intellectual Pr Property
6)
Prescription
7)
Succession
MODE – Proximate cause of ownership ( sales, donation)
TITLE – TITLE – Remote cause of ownership; merely constituted the means OCCUPATION •
1. Ther There e shou should ld be be a cor corpo pore real al thi thing ng (ta (tang ngib ible le)) whic which h must must hav have e a “co “corp rpus us”” (body) & that thing should have no owner 2. There must must be act actual occu ccupancy; cy; thin thing g must be sub subjecte cted to one one’s control/disposition
•
3.
There must be be an an in intention to to oc occupy
4.
Accom complish ished accord cordin ing g to legal ru rules
What are the things susceptible to occupation?
things that are w/o owner – res nullius; nullius; abandoned
stolen property cannot be subject of occupation
animals that are the object of hunting & fishing
kinds of animals:
a) wild – considered res nullius when not yet captured; when captured & escaped – become res nullius again b) domesticated domesticated animals – originally wild but have been captured & tamed; now belong to their capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit of returning & regain their original state of freedom c) domestic/tame domestic/tame animals – born born & ordina ordinaril rily y raise raised d unde underr the the care care of people; become res nullius when abandoned by owner
•
hidden treasure (only when found on things not belonging to anyone)
abandoned movables
Animals: a)
b.)
Swarm of bees -
owner shall have right to pursue them to another’s land (owner to identify latter for damages, if any)
-
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
Domestica Domesticated ted animals animals -
may be redeemed within 20 days from occupation of another person; if no redemption made, they shall pertain to the one who caught them
20
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 c)
Pigeons & fish -
•
when they go to another breeding place, they shall be owned by the new owner provided they are not enticed
Movables: 1) Treasure found on another’s property -
consist of (1) money, precious objects & 2) hidden & owner is unknown finding must be by chance in order that stranger may be entitled to ½ of the treasure
2)
•
Movable found w/c is not treasure
-
must be returned to owner
-
if finder retains the thing found – may be charged with theft
-
if owner is unknown, unknown , give to mayor; mayor shall announce finding of the movable for 2 weeks in way he deems best
-
If owner does not appear 6 months after publication , thing found shall be awarded to finder
-
if owner appears, appears , he is obliged to pay 1/10 of value of property to finder as price
-
if movab movable le is peris perisha hable ble or cann cannot ot be kept kept w/o dete deterio riorat ration ion or w/o expenses it shall be sold at public auction 8 days after the publication
What cannot be acquired by occupation Ownership of a piece of land
because when a land is without an owner, it pertains to the state
land that does not belong to anyone is presumed to be public land
but when a property is private and it is abandoned – can be object of occupation PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run •
•
Kinds: 1. Acquisitive 2. Extin tinctiv tive Who may acquire by prescription: a.
pers person on who who are are cap capab able le of of acq acqui uiri ring ng pro prope pert rty y by by oth other er leg legal al mod modes es
b.
STATE
c.
minors – th throu rough gu guardia rdian ns of of pe perso rsonally
21
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
•
•
•
•
Against whom prescription run: 1.
mino minors rs & inc incap apac acit itat ated ed pers person on who who hav have e gua guard rdia ians ns
2.
absentees wh who ha have ad administrators
3.
pers person ons s liv livin ing g abr abroa oad d who who have have admi admini nist stra rato tors rs
4.
juri juridi dica call pers person ons s exce except pt the the sta state te wit with h rega regard rds s to pro prope pert rty y not not patr patrim imon onia iall in character
5.
between husbands & wife
6.
betw betwee een n pare parent nts s & chil childr dren en (dur (durin ing g mino minori rity ty/i /ins nsan anit ity) y)
7.
betw betwee een n gua guard rdia ian n & ward ward (dur (durin ing g gua guard rdia ians nshi hip) p)
8.
between co-heirs/co-owners
9.
betw betwee een n owne ownerr of pro prope pert rty y & pers person on in in poss posses essi sion on of of prop proper erty ty in in conc concep eptt of holder
Things subject to prescription: all things within the commerce of men a.
private property
b.
patrimonial property of the state
Things not subject to prescription: 1.
public domain
2.
in transmissible rights
3.
movables po possessed th through a crime
4.
registered land
Renunciation Renunciation of prescription: prescription: persons persons with capacity capacity to alienate alienate may renounc renounce e prescrip prescription tion already already obtained but not the right to prescribe in the future
may be express or tacit
prescrip prescription tion is deemed deemed to have have been been tacitly tacitly renounc renounced; ed; renuncia renunciation tion results from the acts w/c imply abandonment of right acquired
creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation
PRESCRIPTION OF OWNERSHIP & OTHER OTHER REAL RIGHTS •
Kinds of Acquisitive prescription 1. 2.
•
ordinary extra-ordinary
Requisites for ordinary prescription: 1.
possession in good faith
22
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
2.
just title
3.
within time fixed by law
4 years for movables
8 years for immovables
4.
•
•
in concept of an owner
5. public, pe peaceful, un uninterrupted Requisites for extra-ordinary prescription: 1.
just title is proved
2.
within time fixed by law
10 years for movables
30 years for immovables
3.
in concept of an owner
4.
public, pe peaceful, un uninterrupted
GOOD FAITH Reasonable Reasonable belief that person who transferred thing is the owner & could validly transmit ownership
Must exist throughout the entire period required for prescription
•
JUST TITLE (TRUE & VALID) – must be proved & never presumed
a)
Titulo Colorado -
b)
Titulo putativo title must be one which would have been sufficient to transfer ownership if grantor had been the owner
thro throug ugh h one one of the the mode modes s of tran transf sfer erri ring ng owne owners rshi hip p but but ther there e is vice/defect in capacity of grantor to transmit ownership
•
IN CONCEPT OF OWNER possession not by mere tolerance of owner but adverse to that of the owner
•
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Unint Uninterr errup upted ted (no act of depri deprivat vation ion by others others)) in the the enjoy enjoyme ment nt of property
23
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 •
INTERRUPTION a) Natural - through any cause, possession ceases for more than 1 year
-
if 1 year of less – as if no interruption
b) civil - produced by judicial summons; - except 1. void for lack of legal solemnities 2. plaintiff desist from complaint/allow proceedings to lapse 3. possessor is absolved from complaint b) expre express ss or tacit tacit renu renunci nciati ation on c) poss posses essio sion n in warti wartime me
•
RULES IN COMPUTATION OF PERIOD: a. Present po possessor ma may ta tack hi his po possession to to th that of of hi his gra gran ntor or or predecessor in interest b. Present pos possessor pre presumed to be be in co continuous possession eve even with intervening time unless contrary is proved c.
•
First day excluded, last day included
TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
pre prede dece cess ssor or in bad bad fait faith h extraordinary extraordinary prescription
poss posses esso sorr in good good faith faith – use
PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
-
30 years action over immovables from time possession is lost
-
10 years mortgage action
-
upon written contract
-
upon obligation created by law
-
upon a judgement
8 years action to recover movables from time possession is lost
-
6 years
24
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 -
upon an oral contract
-
upon a quasi-contract 5 years actions where periods are not fixed by law
-
-
4 years upon injury to rights of plaintiff
-
upon a quasi-delict
1 year for forcible entry & detainer
-
- for defamation Rights not extinguished by prescription:
1.
demand right of way
2.
abate public /private nuisance
3.
declare contract void
4.
reco recov ver pro prop perty sub subjec ject to expres ressed sed tru trus st
5.
probate of a will
6.
quiet title
DONATION •
•
•
Characteristics: a)
Unilateral – obligation im imposed on the donor
b)
Consensual – perfected at titime donor kn knows of of acceptance
Requisites of Donation: 1.
Reduction in patrimony of donor
2.
Increase in in pa patrimony of of do donee
3.
Intent to do act of liberality
4.
Donor mu must be owne wner of of prop roperty donated ted
Requirements of a donation:
1. subject matter – matter – anything of value; present property & not future, must not impair legitime 2. causa – anything to support a consideration: generosity, charity, goodwill, past service, debt 3. capacit capacity y to donate donate & dispos dispose e & accept accept dona donation tion
4. form – form – depends on value of donation •
Kinds of Donation according to Effectivity:
25
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001
Donation Inter Vivos Disposition and acceptance to take effect during lifetime of donor and donee Already pertains to the donee unless there is a contrary intent
Donation Mortis Causa Dispo Disposit sition ion happ happen ens s upon upon the the death death of donor Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits Formalit Formalities ies required required - follow law on succession to be valid, and donation must be in the form of a will
Formalit Formalities ies required required - follow law on donations donations and certain kinds of donations donations & law on obligations and contracts (suppletory) Irrevocab Irrevocable le at the instance instance of the donor; Revocab Revocable le ad mutuum mutuum (exclusive (exclusive will of may be revoked only by reasons provided donor) by law Revoked only for reasons provided for by law (except onerous donations) Acceptance a) acce accept ptan ance ce must must be made made pers person onal ally ly or thru thru agen agentt •
b)
donatio tion ma may be be made ora orall lly y or or in in wri writting ing
movable: 5,000 & below – may be oral or written, if oral it must be with simultaneous delivery of thing/document & acceptance need not be in writing above 5,000 - must be written and accepted also in writing
immovable - must be in a public instrument instrument & acceptance acceptance must also be in a public public instrument (in same instrument or in other instrument)
•
In case of doubt with regards to nature of donation: inter vivos
•
Badges of mortis of mortis causa: causa: 1. Title remains remains with donor (full (full or naked naked ownership)& ownership)& conveyed conveyed only upon upon death death
2. Donor can revoked ad mutuum 3. Transfer Transfer is is void void if transfe transferor ror survive survives s transfer transfer •
Kinds of donation INTER VIVOS 1) 2) 3) 4)
pure/simple remuneratory conditional onerous
Pure/Simple a) Consideration Consideration Merits of donee
b) law to apply/ forms Law on donations
Remuneratory
Conditional
Onerous
Liberality or merits of donee or burden/ charge of past services provided they do not constitute demandable debt
Valuable consideration is imposed but value is less than value of thing donated
Valuable consideration given
Law on donations
Extent of burden
Law on obligations
26
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 imposed>oblicon excess>donation c) form of acceptance Required d) reservation reservation w/regards to personal support & legitime Applicable e) warranty against eviction & hidden defects In bad faith only f) revocation Applicable •
Required
Required
Required
Applicable
Applicable
Not Applicable
In bad faith only
In bad faith only
Applies
Applicable
Applicable
Applicable
Who may give donations - All persons who may contract and dispose of their property
•
Who may accept donations: 1. natural & juridical persons w/c are not especially disqualified by law 2. minors & other incapacitated a) by themselves - if pure & simple donation -
if it does not require written acceptance
b) by guardian, legal representatives if needs written acceptance 1. natural guardian – not more than 50,000 2. court appointed - more than 50,000 3. conceived conceived & unborn child, represented represented by person who would have been guardian if already born •
Who are disqualified to donate: 1. guardians & trustees with respect to property entrusted to them 2. husband & wife 3. between paramours/persons guilty of adultery 4. between parties guilty of same criminal offense 5. made to public officers, wife, descendant, ascendant
•
Other persons disqualified to receive donations: 1.
prie priest st who who hea heard rd conf confes essi sion on of dono donorr dur durin ing g his his last last illn illnes ess s
2. relatives of priest within 4 th degree, church, order, community where priest belongs 3.
phys physic icia ian, n, nur nurse se,, etc etc.. who who took took car care e of of don donor or dur durin ing g his his las lastt illn illnes ess s
27
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 4. •
indi indivi vidu dual als, s, corp corpor orat atio ions ns,, asso associ ciat atio ions ns not not perm permit itte ted d
What may be given: All or part of donor’s present property provided he reserves sufficient means for the support of the ff:
a) himself b) relative relatives s who by by law are are entitle entitled d to his his suppo support rt c) legiti legitime mes s shall shall not not be imp impai aired red when w/o reservation or if inofficious, may be reduced on petition of persons affected except: conditional donation & donation mortis causa except: future property DOUBLE DONATIONS:
•
Rule: Priority in time, priority in right
1. If movable – one who first take possession in good faith 2. If immovable – one who recorded in registry of property in good faith - no inscription, inscription, one who first took possession in good faith - in absence thereof , thereof , one who can present oldest title •
•
•
•
REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants descendants at time of donation: 1.
If don donor or sho shoul uld d have have leg legit itim imat ate, e, leg legit itim imat ated ed or or ille illegi giti tima mate te chi child ldre ren n
2.
If chil child d cam came e out out to be aliv alive e & not not dea dead d con contr trar ary y to to bel belie ieff of of don donor or
3.
If donor su subseq sequently tly ad adopts a minor ch child ild
Action for revocation based on failure to comply with condition in case of conditional donations Action for revocation by reason of ingratitude 1. Done Donee e comm commits its offense offense agains againstt perso person, n, hono honor, r, prope property rty of dono donor, r, spou spouse, se, children under his parental authority 2. Donee imputes imputes to to donor donor any criminal criminal offense offense or any cat involving moral moral turpitude turpitude even if he should prove it unless act/crime has been committed against donee himself, spouse or children under his parental authority 3. Donee Donee unduly unduly refuses refuses to give support support to donor donor when when legally legally or morally morally bound bound to give support to donor BIRTH OF CHILD
NON-FULFILLMENT OF CONDITION
INGRATITUDE
28
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 Ipso jure revocation, no need for action., court decision is merely declaratory
needs court action
needs court action
Extent: Extent: portion portion which which may impair legitime of heirs
Extent: whole portion but court may rule partial revocation only Property in excess
Extent: returned
Property must be returned Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be returned – the value must be returned If mortgaged – donor may redeem the mortgage with right to recover from donee Fruits to be returned at filing of action for revocation Prescr Prescript iption ion of actio action n is 4 years from birth, etc.
Action cannot be renounced Right Right of action action transmit transmitted ted to heirs Action Action extends extends to donee’ donee’s s heirs
•
Alienations/mortgages imposed are void unless registered with Register of Deeds
Whole
portion
Property to be returned
Prior ones are void; demand value of property when alienated and can’t be recovered or redeemed from 3rd persons
Fruits to be returned at filing of complainant Prescription is 4 years from non-fulfilment
Action cannot be renounced in advance Right of action at instance of donor but may be transmitted to heirs Actio Action n does does not not exten extend d to donee’s heirs
Prescription is 1 year from know knowle ledg dge e of fact fact and and it was was possib ssible le for him to bring action
Heirs can’t file action
Exception to rule on intransmissibility intransmissibility of action with regards to revocation due to ingratitude: ingratitude: 1. personal personal to the donor; general general rule rule is heir heir cannot cannot institute if donor did not not institute 2. heirs heirs can only only file file in the ff cases: cases: a) donor donor has instituted instituted procee proceeding dings s but dies before before bringing bringing civil action action for revocation b) donor already instituted civil action action but but died, died, heirs can substitute substitute c) donee killed donor donor or or his ingratitude ingratitude caused caused the death of the the donor donor d) donor donor died died w/o having having know known n the ingrat ingratitud itude e done done e) criminal criminal action action filed filed but abate abated d by death death 3. can only only make heirs heirs of donee liable liable if complain complaintt was already already filed when when donee donee died
•
Inofficious donations: 1.
sha shall be be re reduced wit with h re regards rds to to th the exc exce ess
2. acti action on to to redu reduce ce to be be file filed d by heir heirs s who who have have righ rightt to leg legit itim imat ate e at time time of donation
29
C I V I L L A W ( P R O P E R T Y ) MEMORY AID A TENEO BAR OPERATIONS 2001 3.
done donees/ es/cre credit ditors ors of decea decease sed d don donor or cann cannot ot ask for for red reduc uctio tion n of of don donati ation on
4.
if there are 2 or more donation: recent ones shall be suppressed
5. if 2 or more donation at same time – treated equally & reduction is pro rata rata but but dono donorr may may impos impose e prefer preferen ence ce which which must must be expres expressly sly stated stated in donation
30
