Law on Property

First Semester, AY 2021-2021

Recommended Text:
Any book on Property, New Civil Code of the Philippines

I. COURSE IDENTIFICATION
Course Code
Course Title Property
Course Credit Four Units
Course Hours Flexible Learning Format
Course Classification Bar
Course Prerequisite

II. COURSE DESCRIPTION:

This is a general integration of the principles in civil law covering the
different kinds of property, elements and characteristics of ownership,
possession, usufruct, easements or servitudes, nuisance, and the
different modes of acquiring ownership, more particularly
donation.

Given actual cases, students should particularly recognize the nature of

the property, and apply the legal provisions thereof to complex factual
situations; demonstrate sufficient knowledge of the basic principles and
legal requirements on property issues.

III. GRADUATE ATTRIBUTES:

The intended learning outcomes (ILOs) of this course are aligned

with the following attributes of a Law Graduate:

a. Highly ethical
b. Socially mindful
c. Public service-oriented
d. Exceptionally competent
e. Nuanced and critical thinker
f. Practice ready
g. Able to pass the bar exams.

IV. Intended Learning Outcomes (ILOs).

Students who finish this course should be able to:
Knowledge Skills Values
ILO 1. Demonstrate mastery of Given actual cases and Observe intellectual
the salient provisions on the situations: 1. Critically analyze integrity.

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law on property and, the the law, original text of cases,
decisions rendered by the and textbooks on the law on Exhibit grit,
Philippine Supreme Court, property. tenacity and
such as, the basic principles 2. Distinguish the relevant facts perseverance
on property issues and how and issues and thereby answer
these impact on ownership and problems presented.
possession.
ILO 2. Students are able to understand, .
Students are expected to discuss, explain, organize, and
identify, distinguish and detect report the law and cases on
basic concepts on the Law on property to relevant problems for
Property. purpose of their passing the Bar
and the practice of law.
ILO 3. Given actual cases and Given a set of facts and cases: Observe utmost
sample scenarios, identify, 1. Evaluate facts and discipline in the
determine the ownership of circumstances study of this core
property. 2. Identify issues, and area of law
Apply the relevant items to
resolve the issues
ILO 4. Appreciate the Apply civil law in their familial, Appreciate the
importance of Civil Law such peer, and civil society milieu. dynamics between
that in a given situation they and among
may be able to provide different
counseling and advice on the stakeholders in
effects of the facts presented, their lives and show
and/or the difficulty of independent
reversing decisions because of thinking.
the the strict laws on property.
V COURSE COVERAGE: Topics, Date/Period to be taken up/ Target calendar,
Assessment Methods (examinations, recitations, written reports, projects, etc.),
Course Requirements, Guidelines/Rules on Grades, References

A. Topics, Date/Period to be taken up

1. Everyone is required to read the original text of all the Supreme Court decisions cited
in the syllabus.
2. To enrich knowledge for purposes of the Bar exam, students are highly encouraged to
read other materials on the topics covered.
3. The course topics will be taken up in the following sequence:
MIDTERM PERIOD
Subject Matter Featured Cases Expected
outputs
from
Students
and
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 Groups
I. Property

1. Definition of Property
2. Characteristics of Property
3. Classification of Property
4. Immovable Property 1. Soriano vs. Spouses Galit, GR
156295, September 23, 2003
2. Midway Maritime & Technological
Foundation v. Castro 732 SCRA 192
(2014)
3. Prudential Bank v. Panis 153 SCRA
390
4. Burgos Sr. v. Chief of Staff AFP 133
SCRA 800
FELS Energy v. Prov. Of Batangas
516 SCRA 186 (2007)
5. Movable Property 1. PLDT v. Alvarez 718 SCRA 14
5.1 Test to determine
whether property is
immovable or movable
6. Property in Relation to the 1. Rep. v Ching G.R. # 186166 Oct. 20,
person to whom it belongs 2010
6.1 Property of Public
Dominion 2. Rep. v. Paranaque 677 SCRA 246
6.2 Patrimonial – Private
Property 3. Dacanay vs. Asistio, Jr., G.R. 93654,
May 6, 1992

4. Domalsin vs. Spouses Valenciano,

G.R. 158687, January 25, 2006

5. Rep. v. Tri-plus Corp 503 SCRA 91

6. Manese v. Velasco 577 SCRA 108

7. Almagro v. Kwan 634 SCRA 250

8. Mla. Int. Airport Authority v. CA 495

SCRA 591

9. Heirs of Malabanan v. Rep. 704 SCRA

561

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 10. Alonso v. Cebu Country Club 417
SCRA 115
7. Ownership 1. Sps. Francia v. Genato G.R. # 146997
7.1 Ownership in General April 26, 2005
7.2 Concept/attributes of 2. Metro Mla. Transit v. D.M.
Ownership Consortium 517 SCRA 632
7.3 Limitations on the Right 3. Garcia V. CA G.R. #133140 August
of Ownership 10, 1999
7.4 Rights of a person as a 4. Sps. Bustos v. CA G.R. # 120784-85,
January 24, 2011
consequence of
5. Dept. of Education vs. Tuliao, G.R.
ownership
205644, June 9, 2014
6. Dept. of Education vs. Casibang, G.R.
192268, January 27, 2016
8. Accession 1. Sps. Benitez vs. CA, G.R. 104828,
8.1 Basic Principles in January 16, 1997
Accession 2. Sps. Nuguid vs. CA, G.R. 151815,
8.2 Accession Industrial February 23, 2006
a. Land owner in GF, 3. Josefa vs. San Buenaventura, G.R.
Builder in GF 163429, March 3, 2006
b. Land owner in GF, 4. Heirs of Sarili vs. Lagrosa, G.R.
Builder in B 193517, January 15, 2014
8.3 Accession Natural 1. Bagaipo vs. CA, G.R. 116290,
a. Alluvium, Definition, December 8, 2000
Requisites, Effect 2. Reynante vs. CA, G.R. 95905, April
b. Avulsion, Stnding or 8, 1992
Uprooted Trees 3. Vda de Nazareno vs. CA, G.R.
98045, June 26, 1996
4. Republic vs. Santos, G.R. 160453,
November 12, 2012
5. Heirs of Narvasa v. Imbornal 732
SCRA 171
6. Daclison vs. Baytion G.R. 219811,
April 6, 2016
c. Abandoned River Bed 1. Degayo v. Magbanua-_dinglasan 755
SCRA 1
2. Galang v. Reyes 678 SCRA 523
d. Formation of Islands 1. Jagualing vs. CA, G.R. 94283, March
4, 1991

8.4 Right of accession with

respect to movable
property
a. Test to determine which

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 is the principal and
which is the accessory
b. Adjunction
1. Mixture
2. Specifications
9 Quieting of Title

FINAL TERM

10 Co-ownership 1. Victoria, et. al. vs. Pidlaoan, et.

al., G.R. 196470, April 20, 2016
2. Tabasondra, et. al. vs. Sps.
Constantino, G .R. 196403, December
7, 2016
3. Arambulo, et. al. vs. Nolasco, et.
al., G.R. 189420, March 26, 2014
4. Quintos, et. al. vs. Nicolas, et. al.,
G.R. 210252, June 25, 2014
5. Dela Cruz vs. Dela Cruz, G.R.
192383, December 4, 2013
6. Rural Bank of Cabadbaran, Inc.
(RCBI) vs. Melecio-Yap, G.R. 178451,
July 30, 2014
7. Sps. Marcos vs. Heirs of Bangi,
G.R. 185745, October 15, 2014
8. Cabrera vs. Ysaac, G.R. 166790,
November 19, 2014
9. Torres, Jr. vs. Lapinid, G.R.
187987, November 26, 2014
10. Pamplona vs. Moreto, G.R. L-
33187, March 31, 1980
11 Possession 1. Rep. Cortez 769 SCRA 267
11.1 Classes of Possession 2. Santos v. Manalili 475 SCRA 679
11.2 Presumptions Regarding 3. Heirs of Isip v. Quintos 678 SCRA
Possession 104
a. Good Faith 4. Ochoa v. Apeta 533 SCRA 235
b. Continuity of 5. Ballesteros v. Abion 482 SCRA 23
Character of 6. Mangaser v. Ugay 744 SCRA 13
Possession 7. Palero-Tan v. Urdaneta 555 SCRA 28
c. Non-interruption of
possession of
hereditary property
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 d. Non-interruption of
possession of property
unjustly lost but
legally recovered
e. Just Title
f. Possession during
intervening period
g. Possession of
movables with real
property
h. Exclusive possession
of common property

11.3Rules as to Conflict of
Possession as a Fact
11.4Possession of Movables
12 Usufruct 1. Moralidad v. Sps. Pernes 497 SCRA
12.1 Objects of Usufruct 532
12.2 Elements in a Usufruct 2. NHA v. CA 456 SCRA 17
12.3 Classes of Usufruct - 3. Florenza v. Evangelista 96 SCRA 130
12.4 Rights of Usufructuary
12.5 As to the Legal Right of
Usufruct Itself
12.6 Obligations of the
Usufructuary
12.7 During the Usufruct
12.8 At the Time of the
Termination of the
Usufruct
13. Easements or Servitudes
a. Characteristics of
Easements
b. Kinds of Easements
c. Modes of Acquiring
Easements
d. Modes of Extinguishment
of Easements

e. Easement of Right of way 1. Cristobal vs. CA, G.R. 125339, June

22, 1998
2. Reyes vs. Ramos, G.R. 194488,
February 11, 2015
3. Calimoso vs. Roullo, 781 SCRA 624
(2016)

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 4. Dichoso, Jr. vs. Marcos, 647 SCRA
495 (2011)
5. Chan vs CA, G.R. 105294, February
26, 1997
6. Unisource Commercial & Dev. Corp.
vs. Chung, G.R. 173252, July 17,
2009 593 SCRA 230
7. Salimbagon vs. Tan, 610 SCRA 426
(2010)
8. Castro vs. Monsod, G.R. 183719,
February 2, 2011
9. Mercader, Jr. vs. Bardilas, G.R.
163157, June 27, 2016
14. Nuisance 1. Cruz vs. Pandacan Hikers’ Club, Inc.
778 SCRA 539 (2016)
2. Raa v. Wang 727 SCRA 539 (20140
3. Perez vs. Spouses Madrona 668
SCRA 696 (2012)
4. Aquino vs. Mun. of Malay, Aklan,
737 SCRA 145 (2014)
15. Registry of Property

16. Different Modes of

Acquiring Ownership
a. In general
b. Intellectual Creation
* Now governed by the
Intellectual Property
Code and the TRIPS
Agreement.
c. Occupation
17. Donation 1. Carinan vs. Spouses Cueto, G.R.
a. Nature & Characteristics 198636, Oct. 8, 2014
b. Requisites 2. Lagazo vs. CA, 287 SCRA 18
c. Diistinctions between 3. Quilala vs. Alacantara, G.R. 132681,
inter vivos and mortis December 3, 2001
causa 4. Homeowners Association of Talayan
d. Limitations Village vs. J. M. Tuason & Co. G.R.
203883, November 10, 2015
e. Who may donate
5. Villanueva vs. Branoco, 640 SCRA
f. Who may be a donee
308 (2011)
g. Void donations 6. Del Rosario vs. Ferrer 630 SCRA 683
b. Reduction and revocation (2010)

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 7. Gestopa vs. CA 342 SCRA 105
Spouses Sicad vs. CA 294 SCRA 183
8. CJ Yulo and Sons Inc. vs. Roman
Catholic Archbishop of San Pablo,
454 SCRA 279 (2005)
9. Sec. of Education vs. Heirs of
Dulay 480 SCRA 452
10. Tamayo vs. Tamayo, G.R.
No. 148482, August 12, 2012
11. Santos vs. Alana 467 SCRA
176 (2005)
12. Arcaba vs. Vda. de
Batocael, et. al., G.R. 146683,
November 22, 2001
13. Calanasa n vs. Dolorito,
G .R. 171937, November 25, 2013
18. Prescription Solis v CA, 176 SCRA 678
a. Distinctions between Republic v Rizalvo, GR 172011, March
Acquisitive and Extinctive 7, 2011
Prescription Coronel v Quesada, GR 237465, Oct. 7,
b. Distinctions between 2019
Extinctive Prescription Hirakawa v Lopzcom, GR 213230, Dec. 5,
and Laches 2019
c. Special Cases
Sunga v De Guzman, June 19, 1979
Overseas Bank v Geraldez, December
28, 1979
Ledesma v CA, 224 SCRA 174
Tanyag v Gabriel, April 11, 2012
Mercado v Espenocilla, February 1,
2012
Fudalan v Ocial, G.R. No. 194516, June
17, 2015

Miguel v Catalino, November 29, 1968

Lola v CA, 145 SCRA 439
Borromeo v.  Almazora, G.R. No.
200558, July 01, 2015

Espiritu v CFI, October 31, 1972

Solidarios v Alampay, January 28, 1975
Jalandoni v PNB, October 9, 1981

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 Republic v CFI, January 27, 1983
19. Modes of Extinguishing
Ownership

B. Target Calendar

Activity Date

Asynchronous on-line engagement shall be practiced for the completion of this course,
with due regard to access of students to a computer and internet connection.
All you need is an email address and access to a computer and some WIFI.
If necessary, and for purposes of explanation of difficult questions of law and/or
integration, the Professor and the students may hold on-line classes via Zoom or other
portal.
Official Holidays Nov 1 - All Saints’ Day
Nov 2 - Additional special non-working day
Nov 30 - Bonifacio Day
Make up classes: No classes will be held during other calendared
holidays.

Grade Submissions Calendar

Assessment Methods
a. Class Participation – Class attendance through online involvement and participation
is compulsory and quality of participation will be graded.
b. A student who fails to submit two (2) or more requirements shall automatically get a
grade of “0” or “5” for the course. A student who has an impeccable record of
submission shall benefit by getting a +3 points in the final exam grade.
c. Mid-term Examination – scheduled a week before actual examination date to avoid
conflict in schedule
d. Final Examination – same policy with midterm exam.

ADVICE TO LAW STUDENTS:

You have two goals in law school:

a. Graduate
b. Pass the Bar

1. Be mentally prepared for the next year or two. You may feel depressed. You may feel
you are not good enough. Know that you have your own strengths and limitations.
Be aware of them. Are you sure this is where you want to be? It is not a failure to
decide that law school is not for you. It is not for everyone. You may love the law; but
the law may not love you. Accept it.
2. Get used to writing - a lot - so that your penmanship remains legible all the way to
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 the end of the Bar exams.
3. Make handwritten notes from your readings of books and cases.
4. Add the relevant codal provisions to your handwritten notes - that way, you will keep
reading the law.
5. Add the cases assigned from the syllabus -: that way, you will remember that "in one
case, the Supreme Court said..."
6. And then, finally, add the notes (if any) you took in your core subjects and your pre-
requisites - that way, if there are any conflicts in opinions of professors or even the
law, you will be able to see what the Supreme Court or recognized commentators
may have said on that issue.

It is a lot of work, yes... but you do want to see your name on the list of graduates AND
when the Supreme Court releases the names of the Bar passers you will be overjoyed.
Many of you have friends who have cried on your shoulders - and may still be crying
now...

Course Requirements
Recitations and Open Books 30%
Quizzes
Mid-term Examinations 35%
Final Examinations 35%
Course Pedagogy /Guidelines
1. The course will be conducted completely on-line.
2. While each student is individually responsible to himself in the reading and digest of
all the cases in the Syllabus, it would be best if you can help each other by creating
your peer group and divide the cases among yourselves.
3. No student, not interested in fully learning this subject, will be required to digest
each and every case herein.
4. All examinations shall be taken on the date specified or as may be mutually agreed
upon. Neither extensions nor make up examinations shall be given. For any reason.
5. Mid-Term Examinations will be given to measure the students' understanding of the
topics covered and discussed.
6. A Final Examination will be given to measure the students' comprehension of the
topics covered during the semester.
7. Any form of intellectual dishonesty will be dealt with according to University
guidelines.
8. All quizzes and exams must indicate on the answer sheet the student’s name and
class number.

References
1. Civil Code of the Philippines (Republic Act No. 386, as amended)
2. Constitution of the Republic of the Philippines 1987

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3. SUPREME COURT CASES – as indicated by the Professor and attached hereto.

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