Syllabus Property Atty - Erwin.tiamson
Syllabus Property Atty - Erwin.tiamson
Syllabus Property Atty - Erwin.tiamson
atty.erwin.tiamson
I. INTRODUCTION
A. What is Property?
1. In General Term
2. Property is a system of managing resources
3. Property is an entitlement to resources protected by legal institutions.
4. Purpose of Properties
5. Issues and Concerns
B. Theories on Property
1. Protect First Possession
2. Promote Labor
3. Utilitarian / Economic Theory
4. Promote Democracy
5. Personhood
C. Legal Theories
1. Natural Law
2. Property as Law of Things
3. Legal Positivism
4. Right to Exclude
5. Bundle of Rights
D. Property under the Civil Code
1. Rights Over Things
a) Things and Property Distinguish
b) Rights as Property
2. Kinds of Property
a) As to Ownership
(1) Common/Res Nullious
(2) Public Dominion
(3)Private Property
b) As to Physical Characteristics
(1)Immovable Property (Real Property)
(a)Enumeration of Immovable Property (Art. 415, NCC)
(b) Classes of Immovable Property
(c)Extent of Ownership (Art. 437, NCC)
(2)Movable Property (Personal Property)
(a)Enumeration under Art. 416 and 417, NCC
(b)Consumables or Non-Consumables under Art. 418, NCC
(c)Fungible or Non-Fungible
II. OWNERSHIP
A. What is Ownership
B. Acquisition of Ownership
1. Mode of Acquiring Ownership
2. Definition of Mode
3. Kinds of Mode
a) Original Mode
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b) Derivative Mode
c) Acquisitive Prescription by Adverse Possession
C. Loss of Ownership
1. Modes of Loosing Ownership
a) Voluntary
b) Involuntary
D. Rights of Ownership
1. In General
2. Right to Exclude
a) In General
b) Right of Enclosure and Fences
c) Self-Help
d) Resort to Judicial Process if Possession is Loss
3. Right to Use
a) Right to Enjoy Things
b) Right to its Product and Increase
c) Exception
(1) Use of Property has a Social Function
(2) Distributive Justice
4. Right to Transfer
a) Full Ownership
b) Use and other rights
5. Presumption
6. Limitations
E. Co-Ownership
1. Definition:
2. General Rule
3. On Right to Use
4. On Right to Exclude
5. On Right to Transfer
6. On Right to Vindicate
7. Right of Partition
8. Obligations of Co-Owners
9. Renunciation of Shares
10.Special rules on co-ownership of buildings with different Stories
11.Other forms of Co-Ownerships
III. ORIGINAL MODES OF ACQUIRING OWNERSHIP
A. Occupation
1. Definition
2. Conditions for Acquisition
3. Special Rules
4. Republic Act No. 9147 (Wildlife Resources Conservation Act and
Protections Act)
a) State Policy
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b) Illegal Acts
c) Wildlife Permits
5. Important Roman Law Concepts
B. Accession
1. General Rule
a) Accession Discreta
b) Accession Continua
c) Presumptions
2. Accession in Immovable Property
a) General Rule - All that is built, planted or sown on land is presumed to
belong to the owner.
b) Rule on Builder, Planter and Sower on Lands of Another
(1)In Good Faith
(2)In Bad Faith
(3)If both are in bad faith
c) Rules on Accession in Movable Property
(1)General Rule - Owner of Principal Acquires Accessory
(2)Definition of Principal
(3)Rule on Separation
(4)Rule on Acquisition
d) Rule on Owners of Materials
e) Rule on Third Persons
C. Intellectual Creation
1. General Principles:
a) Properties that are created by the human mind;
b) Creation are transformed into physical objects:
c) Three (3) types of Intellectual Creation
d) System of allocation of rights:
2. Copyright
a) Objective
b) As Incentive to creators
c) What is being protected
d) Copyright Infringement
3. Patent
a) Objective
b) Utilitarian Mandate
c) What can be patented
d) Elements
e) Patents Infringement
4. Trademarks
a) Objective
b) Trademark Infringement
IV. DERIVATIVE MODES OF ACQUIRING OWNERSHIP
A. Right to Transfer
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B. Kinds of Transfers
1. Sale/Barter/Exchange
2. Donation
3. Succession
4. Lease
5. Usufruct
C. Donation
1. Concept
2. Kinds
a) Simple
b) Remuneratory
c) Conditional
d) Onerous
e) Intervivos and Mortis Causa
3. Essential Elements of Donation
4. Capacity
5. Void Donations
6. Formalities
7. Effects of Donations and Limitations
8. Revocation and Reduction of Donations
D. Lease
1. Concept
2. Distinguished from Sale and Usufruct
3. Obligation of Lessor
4. Obligation of Lessee
5. Assignment of Lease
6. Sale of Lease property
7. Termination
8. RA No. 7652
9. Rent Control Acts (Batas Pambansa Blg. 877 and Republic Act Nos. 6643,
6828, 7644, 8437, 9161, 9341 and 9653)
E. Usufruct
1. Concept
2. Rights and Obligation of the Owner
3. Rights of the Usufructuary
4. Obligation of the Usufructuary
5. Extinguishment of Usufruct
V. ADVERSE POSSESSION AND ACQUISITIVE PRESCRIPTION
A. Concept of Adverse Possession
B. Prescription
1. Definition
2. Acquisitive Prescription
3. Extinctive Prescription
C. Conditions for Acquisition
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1.
2.
3.
4.
5.
6.
Actual Possession
Exclusive Possession
Open and Notorious Possession
Adverse and Hostile Possession
Possession under a claim of ownership
Possession after the Statutory Period
a) Real Property
b) Personal Property
D. Proving Adverse Possession
E. Rule upon Recovery of Possession by the Lawful Possessor
VI.INTERFERENCE TO PROPERTY (Trespass and Nuisance)
A. Distinguish Trespass from Nuisance
B. Trespass
C. Concept:
1. Causes of Action
2. Remedies in Trespass in Real Properties
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Civil Action for recovery of Possession
(1)Forceable Entry and Unlawful Detainer
(2)Accin Publiciana
(3)Civil Action Recovery of Ownership and Possession
(4)Writ of Possession
3. In Personal Property
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Replevin
D. Nuisance
1. Concept
2. Nuisance according to the object or objects that it affects (Art. 695, NCC)
a) Public Nuisance
b) Private Nuisance
3. Nature
a) Nuisance per se
b) Nuisance per incidens
4. Easement against nuisance
5. Remedies
a) Prosecution under the Penal Code
b) Civil Action
c) Abatement of Public Nuisance without judicial proceeding
(1)District Health Office determines whether or not abatement without
judicial proceedings is the best remedy against a public nuisance
(Art. 702, NCC).
(2)By Private Persons (Art. 704, NCC)
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(b)Easement of Aqueduct
(5)Three (3) meter Easement for Navigation
(6)Building of Dam for Diversion of Water
(7)Building of Dam for Diversion of Water
C. Private Ownership vs. The State
1. Police Power
a) Land Use Regulations/Zoning
(1)In General
(2)Land Use Regulation
(3)Zoning
(4)Laws on Land Use in the Philippines
b) Environmental Regulations
(1)Background
(2)Property and Ecology
(3)Theories
(4)Environmental Laws in the Philippines
2. Eminent Domain
3. Taxation
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