PROPERTY Memaid
PROPERTY Memaid
PROPERTY Memaid
DOHN ALFRED FE. AQUILIZAN, Cver-All Chairperson t NICHOLE VANE B. SANTOS, Chairperson for Academics | RONALYN A.
GACULA, Ad Hoc Director for Bar Matters | MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance | JUAN INIGO S$. MIGUEL,
Vice Chairperson for Operations | ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit | CORINA TAMPUS, Vice Chairperson -
Jor Secretariat | ARVY KEYTH CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C. MANALIGOD 1V, Vice Chairperson for
Membership | JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data1 Processing
PERAL TA, Subject Electronic Data Processing | SUBJECT HEADS: JOAN V. LAGRADILEA, Agency & Trusts | QUENNIE IRIS V.
BULATAO, Conflicts of Law | JESSU R. TRINIDAD, Loan and Deposit | SKY BLUE C. SAMSON, Obligations and Contracts |
CHRISTIENNE NATHALIE A. BERONA, Persons and Family Relations | KRISTOFFER MONICO 8. NG, Property | JULEEN EVETTE
D. MALLARI, Land Titles and Deeds | MARISOL 0. SISON, Sales | GFM EDWARD E. AQUINO, Torts | PATRICIA MAE R. FEDERIS,
Succession
UBIECT MEMBERS
SAMANTHA YVES O. PLACIDO, QUENNIE IRIS V. BULATAO, JESSU R. TRINIDAD, PATRICIA MARIE G. CARLON,
CHARISMA T. CHAN, ROCKYLLE DOMINIQUE L. BALISONG, ROSELLE JUNE G. CERENO, MARIANNE HELENE P. REYEG,
VERONICA V. VELASQUEZ, ALYSSA AIMEE S. BATLE, MICHELLE L. DELOS SANTOS, SUSANNA MARTHA B. IBE, KARLA
MARIE C. SANTOS, YUMIKO ANGELIUS M. YOSHIY, MARY JOY B. DELA CRUZ, JESSA A. YALAQ., KIEZLLE CAYNE D.
MANALILL, ANNA ROCHELLE D. PAYONGAYONG, MA. NICOLAI M. TORRES and MIKHAILA KLAUDINE A. ROSALES
personal property are brought in the court where same for medical, surgical, or scientific purposes.
the defendant or any of its defendants reside or Similar authority may also be granted for the
may be found, or where the plaintiff or any of the utilization for medical, surgical, or scientific
plaintiffs reside (/d.). purposes, of any organ, part or parts of the body
5. In Contracts, only real property can be the which, for a legitimate reason, would be detached
subject matter of real mortgage and antichresis, fram the body of the grantor (R.A.N0.349, as
while only personal property can be the subject amended by R.A. 1056, See. 1).
matter of simple loan or mutuum, and voluntary
deposit and Personal Property Security Act (Id.). Requisites for the validity of the
NOTE: The laws on pledges and chattel "authorization: (WSS)
mortgage are repealed by RA 11057 a. ht must be in Writing;
otherwise known as the Personal Property b. It must Specify:
Security Act (hereinafter PPSA). Based on 1. The person or institution granted the
Section 68 and 26 of the PPSA, the authorization;
implementation of this act shall be 2. The organ, part or parts to be
conditioned upon the establishment and detached,
operation of the Registry. 3. The use or uses of the organ, part or
6. Under the law on Prescription, ownership of real parts to be employed; and
property may be acquired by prescription, with c. It must be Signed by the grantor and two
just title and in good faith for at least ten (10) disinterested witnesses (R.A. No. 349, Sec.
years or without need of title or of good faith for 2).
at least thirty (30) years (CIVIL. CODE, Art. 1137),
whereas in case of personal property, the period Under R.A. No. 349, consent t¢ organ retrieval
is four (4) years, if in good faith and eight (8) after the patient's death may be given, first and
years without need of any condition (CIVIL? foremost, by the patient's nearest relative or
CODE, Art. 1132). cat the time of. death. It is only in the
7. In order lo affect third persons, generally, 1at these relatives cannot be contacted
transactions involving real property "must be despite reasonable efforts that the head of the
recorded in the Registry of Properly (CIVIL hospital or; institution having custody of the body
CODE, Art. 2140; DE LEON, Property; supra at may give gansent for organ retrieval on behalf of
8-9). In any tangible asset, a. security interest the patient. Failing this, liability for damages
may be perfected by registration or possession. arises {Alano v. Magud-Logmao, G.R. No.
A security interest in investment property and 014).
deposit account may be perfected by. registration
or control. On perfection, a security interest R.A. No. 7170: Organ Donation Act of 1991
becomes effective against third persons. (R.A.
No. 11057, Secs. 11 and 12). : Donation by way of legacy:
nder:this law, any individual, at least 18 years
NOTE: The human body, whether alive;-or dead, is of age and of sound mind, may give, by way of
neither real nor personal property, for it is.notieven legacy, to take effect after his death, all or part of
property at all, in that generally, it cannot be his body for medical or dental education,
appropriated although there is a right of possession research, advancement of medical or dental
over it for burial purposes. Under certain conditions, science, therapy or transplantation, as the case
the body of a person or parts thereof may be the may be.
subject matter of a transaction (2 PARAS, supra at
7). Persons who may execute a donation on
behalf of another: {S*PG)
NOTE: Any of the following persons, in the order stated
1. R.A. 349: An Act to Legalize Permissions to hereunder, in the absence of actual notice of
Use Human Organs or Any Portion or contrary intentions by the decedent or actual
Portions of the Human Body for Medical, notice of opposition by a member of his or her
Surgical, or Scientific Purposes, Under immediate family, may donate all or any part of
Certain Conditions (1949), as amended by the decedent's body:
R.A. 1056 Spouse;
poo TD
Under this law, a person may validly grant lo a Son or daughter of legal age;
licensed physician, surgeon, known scientist, or Either Parent;
any medical or scientific institution including eye Brother or Sister of legal age; or
hanks and other similar institutions, authority to Guardian over the person of the decedent at
detach at any time after the grantor's death any the time of his death (R.A. No. 7170, Sec.
organ, part or parts of his body and to utilize the 4(a)).
PROPERTY
Civil Law
Real by Incorporation
NOTE: The persons authorized by subsection (a) — attached to an immovable in a fixed manner to
may make the donation after or immediately be an integral part thereof (CIVIL CODE, Art,
before death (RA. No. 7170, Sec. 4, Par. b). 415(1-4 and 6);
The building and the land on which it is On March 25, 2021, the LRA announced the
erected are separate immovable properties soft launching of the Philippines Personal
(Lopez v. Orosa, G.R. No. L-10817-18, Property Security Registry (PPSR). For
February 28, 1958). clarity, lhe oparationalization of the PPSR
with respect to User Account creation shill
While it is true that generally, real estate not mean that the Registry has been fully
connotes the land and the building established and operational, as
constructed thereon, it is obvious that the contemplated in Sec. 55 item d of the PPSA,
inclusion of the building, separale and nor does this mean that the PPSR is now fully
distinct from the land, in the enumeration of implemented as provided in Section 8.3 item
what may constitute real properties could a (ii) and 10.03 of the PPSA IRR, (LRA
mean only one thing — that a building is by Circular 11-2021 Sec 5.2).
itself an immovable property (Lopez Vv.
Orosa, Jr, G.R. Nos. L-10817-18, February ¢. Roads, whether public or private, are
28, 1958). immovable. They are considered integral
parts of the land.
A building is an immovable property
irrespective of whether or not said structure d. Constructions. Examples of constructions
and the and on which it is adhered to belong are railroads. A wall or fence is to be
to the same owner. It cannot be divested of regarded as a construction by incorporation
its character of a realty by the fact that the as long as there is intent to attach it
fand on which it is constructed belongs to. permanently although it is merely made to
another (Associated Insurance & Surety Ca.” rest on the land (DE LEON, Properly, supra
Inc. v. Iya, G:R. No. L-10837-38, May 30, at 13).
1958).
nts, and growing fruits
GENERAL RULE: The execution of a chattel : immovable property on the theory that
mortgage on a building is nulland void,
notwithstanding registration inthe; Chattel:
Mortgage Registry (Associated Iiisurance &
Surety Co. Inc. v. lya, GR, No. L- 10837- 38.
May 30, 1958). However, E hen trees are detached or
iprooted orporation ceases and they
ovables, except in the case of
uprooted timber if the land is a timberland.
the law, i.e., the parties to.a contract may, by This is because it is still an integral part of an
agreement, treat as personal property that immovable property when it constitutes the
which, by nature, would be real property. The: Ratural product of the latter (2 PARAS, supra
view that parties to a deed: of chattel at 18).
Both electric lines and communication: ‘cables, in Machinery is a Collective term for machines and
the strictest sense, are not directly adhered to the” appliances used in the industrial arts (DE LEON,
soil but pass through posts, telays, or landing Property, supra’at 23).
stations, but both may: be classified under the
term "machinery" as real property, under Article: Equipment covers physical facilities available for
415(5) of the Civil Code for the simple reason that prediction, including buildings, machineries, and
such pieces of equipment serve the owner's teols {/d.).
business or tend to meet the needs of his indostry
or works that are on real estate (Capito! Wireless... ~ implements pertain to whatever may supply to
v. The Provincial Treasurer, ofof Batangas, G Rip what iIs'lacking especially an instrument, tool, or
No. 180110, May 30, 2016). a. utensil fd).
The equipment and living quarters of the crew, separated from the tenement temporarily, the
being permanently attached to the platform, property continues to be an immovable (2
which is also an immovable, are immovables. PARAS, supra at 23).
This is especially so if they are intended to meet
the needs of the business and industry of the Animal houses, pigeon houses,
corporation (FELS Energy, Inc. v. Province of beehives, fishponds or breeding places
Batangas, G.R. No. 168557, Feb 16, 2007). of similar nature
A machinery, although movable in nature, Requisites: (PIO)
becomes immobilized when placed on a plant by a. Forms a Permanent part of the immovable:
the owner of the property but not so when placed b. Placed or preserves them with the Intention
by a tenant, usufructuary, or a person having only of permanent attachment; and
a temporary right, unless: c. Placed by the Qwner (civ CODE, Art.
a. Such person acted as an agent of the owner 415(6)).
of the land; or
b. Inthe case of a tenant and he had promised The animals in these places are included as real
to leave the machinery on the tenement at property (DE LEON, Property, supra at 29).
the end of the lease (Davao Sawmill Co. v.
Castillo, G.R. No. 40411, August 7, 1935). in case of alienation, if the building or tenement
in which the animals are placed is also alienated,
The special civil action of replevin is applicable they are to be regarded as immovable. However,
only to personal property. it cannot be filed when when the animals inside the permanent animal
the subject machinery and equipment bad houses are alienated onerously or gratuitously, it
become an immovable property (Machinery.'& is believed that the transaction is an alienation of
Engineering Supplies, Inc. v. CA, G.R. Noz'L- personal property (2 PARAS, supra at 27).
7057, October 29, 1954).
owever, animals are to be regarded as personal
Pales and steel supports or towers of:an electric property [orpurposes of criminal law (DE LEON,
company are not real property for purpose of real’ Property. supra at 29).
property tax, since they are merely aftached:to a
square metal frame by means of bolts,. which Animals which, are temporarily outside may still
could easily be dismantled apd moved from place be considered real property, as long as the intent
to place {Board of Assessment Appeals'y. Manila rgsent, as in the case of homing
Electric Company, G.R. No: L- 15334, January pigeons {2 RAS, supra at 27).
31, 1964). :
Eertilizer
Conflicting Views on the Effect .of the 'his.is an immovable by destination (DE LEON,
Temporary Separation of Movables from “Property, supra at 29-30).
Immovables to which they are attached: =
a. They continue to be regarded as immoyvables The term “actually used” means that it has been
as long as they are utilized or still riseded in spread over the land (2 PARAS, supra at 28).
the industry (View supported by De Leon).
_ b. Fact of separation determines the condition Fertilizers kept in a barn or still in their containers
of the object {View supported by Paras and should be regarded as movables (/d.).
Tolentino).
c. Things temporarily separated from the Mines, quarries and slag dumps
immovable shall continue to be regarded as
They are considered as realty only if the matter
immovables if there is intent to put them back
remains unsevered from the soil. Once severed,
(Partidas). they become personally (DE LEON, Property,
d. The material fact of incorporation or
supra at 30).
separation is what determines the condition
of these objects; so that as soon as they are
Mines — mineral lands where excavations are
separated from the tenement, they recover
done to extract minerals (include minerals when
their condition as movables irrespective of
still attached thereto) (/d.).
the intention of the owner (2 NAVARRO
AMANDI, supra at 14-15).
Quarries — lands where stones are chipped off
e. If the machine is still in the building, but is no
or where sand is being extracted; once extracted
longer used in the industry, the machine
they become movables (/d.).
reverts to the condition of a chattel. On the
other hand, if still needed for the industry, but
PROPERTY
Civil Law
Stag dumps — dirt and soil taken from a mine and Pursuant to Section 1 of Act No. 4166, sugar
piled upon the surface of the ground (/d.). quotas, although not physically united to the land,
are considered immovable because they are
Waters ~ those still attached to or running inseparable therefrom and are real rights over
through the soil or ground (Id.). immovable property (PINEDA, Law on Property,
(2009), p. 18 [hereinafter PINEDA, Law on
Waters which are immovable, such as sea, river, Property]). i
or lake must not be confused with “water” itself
which is plainly movable property (id.}. As between the Civil Code, a general law
governing property and property relations, and
Docks and Structures the Local Government Code, a special law
Since "waters either running or stagnant” are granting local government units (LGUs) the
considered immovables, it is logical that power to impose real property tax, the latter
constructions united to them in a fixed and prevails for the purpose of determining which
permanent manner are also immovable (Id.). properly is subject to real property tax. In Manila
Electric Company vs City Assessor, it was ruled
Vessels are considered personal property under that the transformers, electric posts, transmission
civil law as welt as under common law, although lines, insulators, and electric meters of
occasionally referred to as a peculiar kind of MERALCO may qualify as “machinery” under the
personal property (Phil. Refining Co., Inc. v... Local Government Code subject to real property
Jarque, G.R. No. 41506, March 25, 1935)" "tax.
MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center
4. In general, all things which can be Transported NOTE: The Civil Code, in many instances,
from place to place without impairment of the real uses the terms consumable and fungible
property to which they are fixed (CIVIL CODE, interchangeably {2 PARAS, supra at 39).
Ait. 416(4)).
P
lands not appearing to be clearly private dominion is
a. Consumable - cannot be used according to
presumed to belong to the State (Republic v. TAN.
its nature without it being consumed (CIVIL Properties, inc., G. R. No. 154953, June 26, 2008).
CODE, Art. 418); and
b. Non-consumable - any other kind of
Accordingly, public lands not shown to have been
movable property (CIVIL CODE, Art. 418).
classified, reclassified, or released as alienable
agricultural land or alienated to a private person by
NOTE: The classification applies to
the State remain pant of the inalienable lands of public
movables or to corporeal objects only.
domain. Therefore, the onus to overturn, by
incontrovertible evidence, the presumption that the
2. By Intention: land subject of an application for registration is
Fungible - replaceable by an equal quality
and quantity, aither hy nature of things or
alienable and disposable rests with the applicant
(Republic v. Spouses Alejandre, G.R. No. 217336,
agreement; if it is agreed that the equivalent October 17, 2018).
thing be returned, it is fungible {2 PARAS,
supra at 39); and
b. Non-fungible ~ irreplaceable because
identical objects must be returned; if it is
PROPERTY
Civil Law
This principle is rooted in the Regalian doctrine under Absent any expropriation proceeding and without any
which the state is the source of any asserted right of evidence that the petitioner donated or sold the
ownership of land (CONST, Art. Xil, Sec. 2). subject property to the municipal government, the
same is still private property. A municipal ordinance
PROPERTY OF PUBLIC DOMINION does not convert the same to public property
CONCEPT: it does not import the idea of ownership. (Gatchalian v. Flores, G.R. No. 225176, January 19,
i is not owned by the State but simply under its 2018).
jurisdiction and administration for the collective
enjoyment of the people. The ownership of such KINDS:
properties is in the social group, whether national, 1. For Public Use
provincial or municipal {DE LEON, Property, supra at - may be used by anybody and not limited to
39). privileged individuals. It includes roads, canals,
rivers, torrents, ports, and bridges constructed by
PURPOSE: to serve the citizens for the common and the State, banks, shores, roadsteads, and others
public welfare and not the State as a juridical person of similar character
(/d. at 80). (DE LEON, Property, supra at 40-41).
alienable or disposable and open to property of public dominion as one “infended for
disposition or concession {Chavez v. Public public use”. ven it the government collects toll
Estates Authority, G.R. No. 133250, May 6, fees, the road is still “intended for public use” if
2003; Chavez v. National Housing Authority, anyone can use it under the same terms and
G.R. No. 164527, August 15, 2007). conditions as the rest of the public (MIAA v. CA,
d. Lands that disappeared Into the sea by GR. No. 155650, July 20, 20006).
natural erosion due to the ebb and flow of the
tide; and DISTINCTION BETWEEN GOVERNMENT
e. Foreshore lands; when the sea moved
LANDS AND PUBLIC L ANDS
toward an estate and the tide invaded it, the
invaded property becomes foreshore land The term "government lands” is broader in scope. It
includes lands devoted to public use or service, as
and passes lo the realm of the public domain,
and accordingly cannot be a subject of a free
well as public lands before and after they are made
available for private appropriation and also
patent (Republic v. CA, G.R. No. 100708,
November 14, 1997). patrimonial lands. While “public land” is used to
describe much of the naticnal domain under the
legislative power of Congress as has not been
Foreshore Land - a strip of land that lies
subjected to private right or devoted to public use (DE
between the high and low water marks and
LEON, Property, supra at 45).
that is alternatively wet and dry according to
the flow of the tide (DE LEON, Property,
supra at 42). CONVERSION TO PATRIMONIAL
PROPERTY
De Facio Case of Eminent Domain oF There must be:
Natural Expropriation 1. Abandonment or non-use
It is the expropriation resulting from he 2 Affirmative act either on the part of the executive
actions of nature as in a case where land 5 jislative, to reclassify property of the
becomes part of the sea. The owner. loses dominion into patrimonial property.
his property in favor of the State without any
compensation (Republic v. CA, Morato, G.R: NOTE: If, however, public land will be classified
No. 100709, November 14, 1997). as neither agricultural, forest or timber, mineral or
national park,:or when public and is no longer
If a river is capable, in-its natural state, of intended fér public service or for the development
being used for commerce it is. navigable in of ithe. ational.» wealth, thereby effectively
fact and, therefore, becomes a public river tand from the ambit of public
(Taleon v. Secretary of Public Works, G.R. dominion, a declaration of such conversion must
No. L-24281, May 16, 1967). be made in the form of a law duly enacted by >
ongress or by a Presidential proclamation in
2. For Public Service : “cases where the President is duly authorized by ay
‘u
— may be used only by authorized persons. - law to that effect (Heirs of Malabanan vs
Republic, G.R. 179987, September 3, 2013). o.
All public buildings constructed by the State for
its offices and functionaries belong to this class Thus, until the Exscutive Department exercises ia
7
(Baguio Citizen's Action v. City Council, G.R. No. its prerogative to classify or reclassify lands, or
L-27247, April 20, 1983). until Congress or the President declares that the
State no longer intends the land to be used for
3. For the Development of National Wealth public service or for the development of national
GENERAL RULE: All natural resources belong wealth, the Regalian Doctrine is applicable (Heirs
to the State and are not subject to alienation of Malabanan vs Republic, G.R. 179987,
(CONST, Art. XII, Sec. 2). September 3, 2013).
the possessors of the land to which it refers are 2. Naked ownership (nuda proprietas)
the owners thereof (Querubin v. Alconcel, G.R. — the bare title to property; where the right to the
No. L-23050, September 18, 1975). use and fruits has been denied;
- SUBJECT MATTER
OWNERSHIP . Ownership may be exercised over a:
+4. Thing
(ARTS. 427-437) - Usually refers.to a corporeal property; or
grec
concepts (Garcia v. CA, G.R. No. 133140, August 10,
1999).
Classification of Real Rights Based on
NOTE: Homeowners’ Association can owh properties
Dominion:
termed as “Common Areas” under the "Magna Carta a. Domino pleno — the powers to enjoy and
for Homeowners and Homeowners’ Associations". civ. §
dispose are united (e.g, dominion;
These properties include, but are not limited to.
possession; and hereditary right);
roads, parks, playgrounds, and open spaces as
b. Domino menos plenc — the powers to enjo! .
provided in Presidential Decree No. 1216. (R.A. No. and to dispose are separated (e.g., surface 8
9904, Sec. 3(f)).
right; and usufruct), and
c. Domino limitado — the powers to enjoy and t
“OPEN SPACES,” DEFINED dispose, though united, are limited by a charge
Area reserved exclusively for parks, playgrounds, (e.g. easement, tax), by a guaranty (e.g.
recreational uses, schools, roads, places of worship, mortgage, pledge), or by a privilege (e.g. pre-
hospitals, health centers, barangay centers and other emption, redemption, lease record) (Id. at 4).
similar facilities and amenities (P.D. No. 1216, Sec.
1). 2. A personal right or jus in personam or jus
ad rem or right of obligation
KINDS OF OWNERSHIP: — ig the right or power of a person {creditor or
1. Full ownership (dominium or jus in re obligee) to demand from another (debtor or
propria) obligor) as a definite passive subject, the
— includes all the rights of an owner, fulfiliment of the latter's obligation (/d. at 5).
PROPERTY
Civil Law
oe nT o
Tradition
Donation
Prescription
He generally acts He acts indirectly : Succession «(DE LEON, Property supra at
directly. through -7 the
580).
promise | of ‘the
: oblig
NOTE: “Original nodes of acquiring ownership
pertains to those independent of any pre-existing
right of another person while derivative modes are
"those based oni pre-existing right held by another
Created by concurrence Created merely by person. Moreover,’ derivative modes are modes both
of a title and a mode of . “title” for the acquisition and for transmission of ownership
acquisition and Other real rights { at 591).
Note: Mode is the’ . Note; Title. is. the .
specific cause which juridical right which SEVEN. ATTRIBUTES OF OWNERSHIP
produces dominion and gives & means to: (PUF-A2-DV):
other real rights as a the acquisition. of
result of the co-existence [such] “rights
1 Jus Possidendi
— The right to possess; it is different from
of special status of (Spouses_« )
~-ownership’ udgment of ownership does not
things, capacity, x x x Stilianepoulos. ~ v.
inchide the right to possess except when claim of
intention of person and Register “of Deeds
i possession is based upon the claim of
[the] fulfillment of the for Legazpi Gity,
“"ownership) (Id. at 80);
requisites of law G.R. No. 224678,
(Spouses Stilianopoulos July 3, 2018).
v. Register of Deeds for Jus Utendi
Legazpi City, G.R. No. — The right to use and enjoy; it may also include
224678, July 3, 2018). the right to exclude any person from enjoyment
and disposal of the thing (relate to CIVIL CODE,
Arts. 429 and 431),
MEMORY AID
San Beda University College of Law ~ RGCY Bor Operations Centar
7. Jus Vindicandi
- right of action against the holder and possessor
of the thing or right in order to recover it (DE
LEON, Property, supra at 84).
CHARACTERISTICS: (EG-PIE)
1. Elastic }
~ powerls may be reduced and thereafter
automatically recovered upon. the ‘cessation of
the limiting rights;
2. General
— the right to make use of ail the possibilities of
utility of the thing owned, except these attached
to other real rights existing thereon;
3. Perpetual
— ownership lasts as long as the thing exists. It
cannot be extinguished by non-use but only by
adverse possession;
4. Independent
— it exists without necessity of any other right;
5. Exclusive
— there can only be one ownership over a thing
at a time; there may be two or more owners but
only one ownership) (2 TOLENTINO, Civil Code
of the Philippines, Volume Hl, (1992), p. 59
[hereinafter 2 TOLENTINQ)).
- LIMITATIONS: {GOSIP)
1. General limitations imposed by the State for its
henafit
oeneiil
— power of taxation, police power, and power of
eminent domain;
A remedy for the recovery of Physical RTC or MTC Four (4) years (if
possession of personal Possession possession in good
property which is governed If the value of the faith) from the time
by Rule 60 of the Rules of personal propertythe possession
Court. does exceed thereof was lost
not
1. As a form of principal P300,000.00 (or
remedy -— to regain P400,000.00 in Metro Eight ®) years
possession Manila) - MTC "Hwithout other
2. As a form of provisional] conditions) (CIVIL
remedy — to retain’ what [ir the value of the CODE, An. 1132)
has been wrongfully personal property from the time the
detained pendente tite. 1 exteeds R300,000.00 possession thereof
{or P400,000.00 in was lost
Replevin wil not ii for "| Metio Manila) RTC
property iri ctistodia. legis ie
(Chua v. CAS G.R. No.
79021, ‘Ma 1993).
No. :n,
December.13, 2017).
3. Accion An action Io recover real Four (4) years if
Reinvindica- property ..x:-based™ on based on fraud from
toria ownership: = the issuance of
certificate of title over
P20,000.00 (or the property
50,000.00 in Metro pm
Menila) - MTC Ten (10) years if
oe
based on implied or Ld
If the assessed value constructive trust CR
of the real property Q-
exceeds P20,000.00 Imprescriptible
{or P50,000.00 in when plaintiff is in 5 Pe 2
Metro Manila) - RTC possession of the
property.
NOTE: Under RA
115676 (Effective on
August 20, 2021), the
jurisdiction of METC,
MTC, MCTC, MTCC
will be further
expanded. The RTC
shall exercise
exclusive jurisdiction
in all civi actions
involving the title to, or
possession of, real
property valued at
P400,000, from the
PROPERTY
Civil Law
previous P20,000 to
P50,000.
2. Writ of | Injunction requiring” - the [ Court whore the 19 days from filing in case of
Preliminary defendant to, dé optefrain from |:case of unlawful forcible entry
Injunction © | detairier or forcible]:
{entry is pending. 10. days from the time the appeal
ET ¢ {ls tperfected in case of unlawful
:detainer
MEMORY AID
San Beda University Collage of Lew - RECT Bar Operations Center
Plaintiff must prove that Plaintiff need ‘Hot have possessor is the person who will
he was in prior physical been in, prior physical
possession of the POSSESSION. Actual or threateried physical invasion or
premises until he was sisurpation; and
deprived thereof by the ‘Delay in one's exercise (i.e, at the time of an
prs
defendant. ) actual or threatened dispossession, or ww.
immediately after the dispossession). Once delay a.
has taken place, even if excusable, the owner or
lawful! possessor must resort to judicial process SN » of
for the recovery of the property (CIVIL CODE,
From the date of actual From the date of last
Arts. 433 and 536, DE LEON, Property, supra at
entry on the land when demand or last letter of 105).
entry was made through demand
force, intimidation, GENERAL RULE: A pearson cannot interfere with the
strategy, or threat In case of a lease with a
right of ownership of another (DE LEON, Property,
fixed period, the one- supra at 112).
From discovery when year period is reckoned
entry was made through from the expiration of EXCEPTION: Doctrine of Incomplete Privilege or
stealth the lease. State of Necessity (C/VIL CODE, Art. 432).
(RULES OF COURT, Rule 70).
NOTE: Art. 11 of the Revised Penal Code on seif-
RIGHTS OF AN OWNER UNDER ARTICLE defense includes not only defense to a man’s person,
tay sb mbes Haat oF hic ricbyte tn nronort
428: (RED) DU aisO nal Of Nis TigNnis 10 property.
1. Right to Recover or vindicate; Acts in a state of necessity are different from defense
The right to recover is given expressly in Art. 428 against unlawful aggression or defense against
which provides that “the owner has also a right of dangerous objects, although the principle which
action against the holder and possessor of the
PROPERTY
Civil Law
justifies them is the same. If the danger comes from RIGHT TO ENCLOSE OR FENCE
another's property, and the force is employed against
Every owner may enclose or fence his land or
it, the case is one of defense against danger. But if
tenements by means of walls, ditches, live or dead
another's property is used to avert danger not arising
hedges, or by any other means without detriment to
from it, the act is essentially one in a state of
servitudes constituted thereon (CIVIL CODE, Art.
necessity; in other words, it is for the purpose or
430).
protecting the actor himself or another person at the
expense of the owner of the property who has no part
Every owner has an absolute right over his property
in the state of necessity (2 TOLENTINO, supra at 68).
and his act of fencing and enclosing the same was an
act which he may lawfully perform in the exercise of
The actual invasion of property may consist of:
said right. Thus, damages arising from the act of the
1. Mere disturbance of possession; or
owner in building a fence within the latter's lot is
2. Real dispossession (/d.).
considered damnum absque injuria, since it is the
owner's legal right to do so (Custodio v. CA, G.R. No.
The rules are:
116100, February 9, 1996).
a. Ifitis mere disturbance of possession, force may-
be used against it at any time as long as it
continues, even beyond the prescriptive period OBLIGATION TO RESPECT THE RIGHTS
for an action of forcible entry (e.g. if a ditch is OF OTHERS
opened by P in the land of J, the latter may close The owner of a thing cannot make use thereof in such
itor cover it by force at any time) (/d. at. 54)" mariner, as to injure the rights of a third person (sic
vtere two it, glienum non laedas) (CIVIL CODE, Art. ~
.b. If it consists of a real dispossession;, force to... Les 431).
regain possession - can only be used
immediately after the dispossession: {e, Guid Adjoini gs landowners have mutual and reciprocal
without P’s permission, picks “4p -2 book duties’ which require that each must use his own land
belonging to the latter and ruts, off with it, P can ira reasonable manner, so as not to infringe upon
pursue J and recover the book by force) (/d.). the rightsiand interests of others. The structures must
“beso vonstructed and maintained using all
3. There should be no delay inthe use of force to reasonable care $0 that they cannot be dangerous to
recover it; a delay, even if excusable; such. as adjoining’ tandowhers. and can withstand the usual
when due to the ignorance. of the dispossession; ~and expécted forges of nature. If the structures cause
will bar the right fo the use-of force. Onde the" injury or damage’ o.an ‘atljoining landowner or a third
usurper's possession has become “firm by the person, ‘the latter can claim indemnification for the
lapse of time, the lawful possessor must resort to injury or ‘damage suffered (Andamo v. IAC, G.R. Ne.
the competent authority to recover his property. i 74761, November 6, 1990).
(ld).
= ‘An owner cannot be debarred from the legitimate use
Where a tenant is given a “ertain “period to. of Hig properly ‘simply because it may cause real
vacate, the act of the owner in“dragging the damage to_his neighbor (Higgins Oil & Fuel Co. v.
tenant away is not justified under Art. 429. During Guaranty Oil Co., 145 Ja 233, 82 So. 206, as cited in
said period, the tenant is considered a lawful <2" TOLENTINO, supra at 67).
possessor (Caisip v. People, G.R. No. L-28716,
November 18, 1970). DOCTRINE OF INCOMPLETE PRIVILEGE
OR STATE OF NECESSITY
However, in another criminal case, wherein a
private corporation sought to take over a land by The owner of a thing has no right to prohibit the
fencing the same without authority or court order, interference of another with the same, if the
the Court sustained the use of force under Art. interference is necessary to avert an imminent
429. In said case, the owner of the land fought off danger and the threatened damage, compared to the
and prevented the workers from constructing the damage arising to the owner from the interference, is
fence. The Supreme Court acquitted the owner much greater (CIVIL CODE, Art. 432).
holding that the use of such necessary force to
protect proprietary or possessory rights It authorizes the destruction of a property which is
constitutes a justifying circumstance under the lesser in value to avert the danger poised to another.
penal laws (People v. Pletcha, G.R. No. 19028, property, the value of which is much greater (2
June 27, 1977). PARAS, supra at 150-151). :
MEMORY AID
San Bada University College of Law - RGCT Bar Operations Center
The ownership of the. propertyis transferred upon enjoyment, and it is extinguished beyond such limit
payment. If conditional, ownership reverts to the as there would be no more interest protected by law
original owner when the property is no longer needed (National Power Corp. v. tbrahim, G.R.-No. 168732,
for the purpose for which it was expropriated (DE June 28, 2007).
LEON, Property, supra at 121).
Restrictions: (S?0RP)
When any property is condemned or seized by 1. Servitudes or easements;
competent authority in the interest of health, safety, 2. Special laws;
or security, the owner thereof shall not be entitled to 3. Ordinances;
compensation, unless he can show that such 4. Reasonable Requirements of aerial navigation;
condemnation or seizure is unjustified (CIVIL CODE, and
Art. 436). 5. Principles on human relations or rights of third
persons (2 PARAS, supra at 196).
SURFACE RIGHTS
The owner of a parcel of land is the owner
surface and everything under it, and he can construct
of its
HIDDEN TREASURE
thereon any works or make any plantations and
excavations which he may deem proper, without
(ARTS. 438-439)
detriment to servitudes and subject to special taws
and ordinances (CIVIL CODE, Art. 437).
REQUISITES FOR THE PROPERTY TO
NOTE: Horizontally: extends up to the boundaries
BE CONSIDERED HIDDEN TREASURE
(RABUYA, Property, supra at 142).5 E
(HU-MoJO-L):
Vertically: extends below the sufface ‘and above it to 1. "Hidden.and Unknown deposit (such thatfinding it
the extent required by the edonomic’ interest of or would indeed be a discovery);
utility to the owner, in relation to the Sxplofation that 2. It consists of Monéy, Jewelry, or Other precious
may be made of the property fd). d objects; and. :
NOTE: Following the Doctring © of Ad: Coletim, NOTE: The phrase, “other precious objects” does
ownership of land extends to.the surface as well as “not include propérty embedded to the soil like
to the subsoil under ft. Hence, building of minefals (fd. at 206):
underground tunnels by a’ government: ‘agency
entitles the owner of the lando just Gomperisation as 3. Their Lawfdl ownership does not appear (CIVIL
the sub-terrain portion of the property’ similarly : CODE, Arts. 438 and 439).
belongs to him (National Power Corp v. Iorahin, G RR.
No. 168732, June 29, 2007). GENERAL RULE: The hidden treasure belongs to
the owner ofthe fand, building, or other property on
Airspace: The owner cannot complain’ of: the ) which . Is found (CIVIL CODE, Arts. 438).
reasonable requirements of aerial navigation (ci
CODE, Art. 437). EXCEPTIONS: The finder is entitled to one-half (12),
provided (AS-C-CoTAM):
Right to sub-surface: The rights over the land are 1. Discovery was made on the property of Another,
indivisible and the land itself cannot be haif- or of the State or any of its political subdivisions;
agricultural and half-mineral. The classification must 2. The finding was made by Chance;
be categorical — the land must be either completely 3. The finder is not a Co-owner of the property
mineral or completely agricultural. In the instant where it is found;
case, the land which was originally classified as forest The finder is not a Trespasser;
The finder is not an Agent of the landowner; and
oo
REASON: 1t is extremely difficult to find hidden In general, the right of accession is automatic,
treasure without looking for it deliberately, for in many requiring no prior act on the part of the owner of the
instances, the treasure is buried (2 PARAS, supra at principal (Arriola v Arriola, G.R. No. 177703, January
202). 28, 2008).
Stranger -- anyone who has absolutely ne right over Art. 440 does not apply to properly of public domain
the immovable or the thing in which the treasure i$ (Sps. Gulla v. Heirs of Labrador, G.R. No. 149418,
found. The term also includes a lessee, a July 27, 2006).
usufructuary, or a paid laborer working for the owner
of the land, provided he has not been engaged Accession is not a mode of acquiring ownership. It is
precisely to look for hidden treasure (2 TOLENTINQ, merely an incidence or consequence of ownership
Civil Code, supra at 94). (DE LEON, Property, supra at 137).
Fruits
ACCESSION Kinds of Fruits:
a. Natural Fruits
(ARTS. 440-475) i. Spontaneous products of the soil; and
PROPERTY
Civil Law
ACCESSION INDUSTRIA
CODE, Arts.
subsidiary to OM and
447 and
liability for collect
455).
cost of damages
material. (CIVIL
CODE;
Arts. 546
and 449). 1.Acquire 1.Right of 1.Collect value
improvement retention for of materials
s after necessary primarily from
indemnity fo expenses; B, P, S;
B, PR, S; OR 2.Pay value of subsidiarily
1. Acquire 1.Recover 1.Recover 2.8ell to B, P materials 0 from LO;
© improvement necessary value from B, except: if the OM and pay 2.Collect
without expenses P, S (as if
value is him damages damages;
paying for s(CIVIL -
MEMCRY AID
San Beda University Caliage of Law - RGCT Bar Oparstions Center
Reasons Why the Option is Given to the 1. The parties may decide to leave things as they
Landowner: are and assume the rétention of lessor and
1. His right is older; and . lessee, and should they disagree as tothe
2. By the principle of accession, he is entitled to the ainount of rental, then they can go to the court to
ownership of the accessory thing (Communities fix that amount;
Cagayan Inc. v. Sps. Arsenio, G.R. No, 176791, 2. Should the parties not agree to assume the
November 14, 2012). relation of lessor and lessee, the owner of the
land" is entitled to have the improvement
NOTE: Where the builder, planter or sower has acted removed; and
in good faith, a conflict of rights arises between the 3. The land and the improvement may be sold at
owners, and it becomes necessary to protect the public auction, applying the proceeds thereof first
owner of the improvements without causing injustice to the payment of the value of the land and the
to the owner of the land. In view of the impracticabllity excess, if any to be delivered to the owner of the
of creating a state of forced co-ownership, the law improvement in payment thereof (Filipinas
has provided a just solution (Depra v. Dumlao, G.R. Colleges, Inc. v. Timbang, G.R. No. L-12812,
No. L-57348, May 16, 1985). September 29, 19589).
in view of the impracticability of creating a state of NOTE: These alternative remedies shall be
forced co-ownership, the law has provided a just resorted to by the parties when the builder in
solution by giving the owner of the land the option to good faith fails to pay the value of the jand when
acquire the improvements after payment of the such is demanded by the landowner. Take note
proper indemnity. or to oblige the builder or planter to too that the oplions of the landowner under Art
pay for the land and the sower the proper rent. He 448 are alternative and exclusive. (Fflipinas
cannot refuse 1o exercise either option (Communities . Colleges, Inc. v. Timbang, G.R. No. L[-12812,
Cagayan Inc. v. Sps. Arsenio, G.R. Na. 176791, September 29, 1953).
November 14, 2012).
WHO'IS'A BUILDER IN GOOD FAITH?
Not even a declaration of the builder's bad faith shifts . To be considered a builder in good faith, it is essential
the option to him as provided in Art. 450 of the Civil % that a persgh ‘asserts title to the land in which he
Code (Sps. Benitez v. CA, G.R. No. 104828, January © builds, i.e., that he be a possessor in the concept of
16,1997). n owner and that he be unaware that there exists in
is title or mode of acquisition any flaw which
Once the choice is made by the landowner, it is fs) oiises de Vera v. Spouses
generally irrevocable (Tayag v. Yuseca, G. R No, L= 211170, July 3, 2017).
8139, October
24, 1955).
terms builder, planter, or sower in good faith as
The so-called “workable solution” suggested in the ed in: reference to Article 448 of the Civil Code,
case of Grana v. CA (G.R. No. L-12486; August 31;.- one ‘who, not being the owner of the land,
1960) where the Court ordered the owner of the land builds, plants, ar sows an that land believing himself
to sell to the builder, etc. the part of the I&nd intruded to be its owner and unaware of the defect in his title
upon thereby depriving him of his right to choose or mode of acquisition. The essence of good faith lies
because it would be impractical to choose the first in an honest belief in the validity of one's right,
alternative for the whole improvement might be ignorance of a superior claim, and absence of
rendered useless, is contrary to the explicit provisions intention to overreach another. On the other hand,
of Art. 448 to the effect that, "(t)he owner of the bad faith may only be attributed to a landowner when
land...shall have the right to appropriate...
.or to oblige the act of building, planting, or sowing was done with
the one who built... to pay the price of the land..." his knowledge and without opposition on his part
The taw is clear and unambiguous when it confers the (Delos Santos v. Abejon, G.R. No. 215820, March 20,
right of choice upon the landowner and not upon the 2017).
builder and the courts (lgnao v. IAC, G.R. No. 72876,
January 18, 1991). Good Faith May co-exist with Negligence
Good faith does not necessarily preclude negligence,
NOTE: Art. 448 is not mandatory. There is nothing, for, in fact, in negligence there is no intention to do
however, in the law to prevent the parties from wrong or cause damage unlike in bad faith which
agreeing to adjust their
§ rights iin some other way.
presupposes such intention (DE LEON, Property,
supra at 177).
REMEDIES OF THE PARTIES
The following are the remedies of the parties should
the builder in good faith is unable to pay the value of
the land as demanded by the landowner:
PROPERTY
Civil Law
i
on
df REASONS FOR THE RULE:
PROPERTY A ‘4. To compensate ‘the owner for losses which
they may: suffer by erosion;
b. ‘To compénsate them for the burdens of legal
easements; ‘which are imposed upon them;
c€. Bécause it is the owner of the contiguous
~+" land who can utilize the increment to the best
advantage; and
dh Because this is the only feasible solution,
since- the‘previous owners can no longer be
PROPERTY B Li
identified (ld. at 267-268).
If the increment is formed by the action of the sea, b. In case of increase of area
the same is not called alluvium/accretion but An alluvion is automatically owned by the
foreshore land. As such, it is part of the public riparian owner -from the moment the soil
domain (Heirs of E. Navarro v. IAC, G.R. No. deposit can be seen, but the additional area
68166, February 12, 1997).. does not automatically become. registered
land just because the lot which receives such
accretion is covered by a Torrens title. The
riparian owner must register the additional
- area within 50 years (Heirs of E. Navarro v.
IAC, G.R. No. 68166, February 12, 1997). .
MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Center
NOTE: Ownership of a piece of land is one of the waters of the river (Republic v. CA, G.R.
thing; registration under the Torrens system No. L-61647, October 12, 1984).
of that ownership is another (Delos Reyes v.
Municipality of Kalfibo, Akian, G.R. No. Art. 457 excludes all deposits caused by human
214587, February 26, 2018). intervention. Alluvion must be the exclusive work
of nature (Vda. De Nazareno, et al. V. CA, G.R.
Article 84 of the Spanish Law of Waters of No. 98405, June 26, 1996).
1866 specifically . covers ownership over
alluvial deposits along the banks of a creek. Effect of Public Service Constructions or
It rcads: ART. 84. Accretions doposited Easements on River Banks
gradually upon lands configuous to creeks, a. If a public service construction, like a railroad
streams, rivers, and lakes, by accessions or or a road, is made on a river bank, it is the
sediments from the waters thereof, belong to government or the railroad company which
the owners of such lands. Interestingly, will own the accretion.
Article 457 of the Civil Code states: Art. 457. b. If instead of a public service construction,
To the owners of fands adjoining the banks there is only an easement for the benefit of
of rivers belong the accretion which they navigation, floatage, fishing, and salvage, the
gradually receive from the effects of the right of the riparian owner subsists because
current of the waters. 1t is therefore explicit in easements, the owner of the servient
from the foregoing provisions that alluvial estate does not lose his ownership over the
deposits along the banks of a creek do not portion covered (2 PARAS, supra at 269-
form part of the public domain as the alluvial 270).
property automatically belongs to the owner:
of the estate to which it may have been Estates Adjoining Ponds or Lagoons
added. The only restriction provided for by:~ The owners of estates adjoining ponds or
law is that the owner of the adjoining property. not acquire the land left dry by the
must register the same under the Torrens crease of the waters, or lose that
system; otherwise, the alluvial property may inundate d'By them in extraordinary floods (C/VIL
be subject to acquisition through. prescription CODE, Art, 458).
by third persons (Office of the City: Mayor of
Parafiaque City v. Ebio, G:R. No. "178411, Definitions:
June 23, 2010). ‘Pond
dl f stagnant water without an outlet
NOTE: Lands acquired by accretion. Asa5 provided
in Art. 457 is not lost upon the sudden and Lagoon
abrupt change of course bythe river and — a small lake, ordinarily of fresh water and
separated to the other side {Agustin v. IAC, G.R. not very deep, fed by floods, the hollow bed
Nos. L-66075, July 5, 1990). In theiabsence: of Sofiwhich is bounded by the elevation of the
evidence that the change in the céurse of the land
river was sudden, the presumption ig-that the
change was gradual and was caused by alluvium c. Lake
and erosion (Payatas-Estate Improvement Co. v. -- a body of water formed in depressions of
Tuason, G.R. No. 30067, March 23, 1929). the earth, ordinarily fresh water, coming from
rivers, brooks, or springs and connected by
NOTE: In the absence of evidence that the them to sea
change in the course of the river was sudden or
that it occurred through avulsion, the NOTE: This provision refers to ponds and
presumption is that the change was gradual and ‘Jagoons, and therefore has no application to
was caused by alluvium and erosion (Bagaipo v. lakes (2 TOLENTINQ, supra at 129).
Court of Appeals, G.R. No. 116290, December 8,
2000). AVULSION
The transfer of a known portion of land from one
Deposit Caused by Human Intervention Not tenement to another by the force of the current.
Covered The portion of land must be such that it can be
A riparian owner does not acquire the addition to [ORL JU RN J
iGentiea as coming from a definite tenement
his land caused by special “works (e.g. dikes) (CIVIL CODE, Art. 459).
expressly intended by him io bring about
accretion (J.e., for reclamation purposes} and not Also called “force of the river’ since it implies a
to protect his property from the destructive force violent tearing or breaking away.
PROPERTY
Civil Law
{ PROPERTY A
supra at 191).
PROPERTY A Id : ’
” I'd
b. The owners of the land Camis old bed
shall have the right to acquite the same by
paying the value thereof, which value shall 7 OLD
gen.RIVER
ISOLATED = .
LAND
not exceed the value of the area‘accupied by: :
the new bed (CIVIL CODE, Art. 467); and
‘c. Whenever a river, changing ‘its. course by -
natural changes, opens a new bed through a
private estate, this bed shall becomé of
public dominion {CIVIL CODE, Art. 462). PROPERTY B
Requisitas: {CAZ?PE)
There must bé a natural Change in the
course of the waters of the river; otherwise, There is isolation where the portion has not
the bed may be the subject of a State grant physically moved. There is separation when
(REYES—-PUNO, An Quiline of the Philippine such portion has physically moved (2 PARAS,
Civil Law, (1964), p.54 [hereinafter REYES- supra, at 233).
PUNO, Philippine Civil Lawj);
b. The change must be Abrupt or sudden; NOTE: The piece of land formed by isolation or
c. There must be Abandonment by the owner separation belongs to the owner of property B
of the bed i.e., a decision not to bring back since no accession takes place. He retains
the river to the old bed (/d. at 53); ownership over the land (/d.).
d. The change must be Permanent; the rule
does not apply to temporary overflowing; and
e. Theriver continues to Exist (2 PARAS, supra
at 283-284).
MEMORY AID
San Beda University College of Lew - RGCT Bar Operations Center
5. FORMATION OF ISLANDS BY
SUCCESSIVE ACCUMULATION OF RIGHT OF ACCESSION
ALLUVIAL DEPOSITS WITH RESPECT TO
PERSONAL PROPERTY
a. If formed on the sea:
i. Within territorial waters — the island/s
belong/s to the state; said island/s is/are
considered patrimonial property {CIVIL ; (ARTS. 466-475)
CODE, Art. 464).
ii. Outside territorial waters — to the first
occupant; this is in accordance with the Basic Principle: Whenever the things united can be
principles of Public International Law for separated without injury, their respective owners may
discovery and occupation considered as demand their separation (CIVIL CODE, Art. 469).
a definite mode of acquiring territory. Accession exists only if separation is not feasible.
b. If formed in lakes, or navigable or floatable
rivers — State; also a patrimonial property
(CIVIL CODE, Art. 464).
KINDS:
1. ADJUNCTION/CONJUNCTION (CIVIL
Navigable or floatable river — if useful for CODE, Arts. 466-471)
floatage and commerce, whether the tides ~ The union of two movable things belonging to
‘affect the water or not; should benefit trade different owners, in such a manner that they
and commerce (2 PARAS, supra at 233). cannot be separated without injury, thereby
forming a single object (DE LEON, Property,
if formed on non-navigable or non—~floatable supra at 197).
rivers: i
i. If nearer to one margin or bank — to the Requisites: (Mul)
nearer riparian owner (CIVIL CODE, Art. ete are two Movables belonging to
465). differen owners;
b. They: Are United in such a way that they form
a single object; and
c. They are so inseparable that their separation
would: impair their ‘nature or result in
dy
i shibstantial injury to either component (Id. at
PROPERTY “:1798)
A
If they are of equal values — the thing of c. Adjunction in bad faith by the owner of
greater volume shall be considered the the accessory
principal (CIVIL CODE, Art. 468). Whenever the owner of the accessory thing
has made the incorporation in bad faith:
NOTE: In all cases, sentimental value shall be i. He shall lose the thing (accessory)
duly appreciated (CIVIL CODE, Art. 475). incorporated; and
ii. He shall have the obligation to indemnify
With reference to a motor vehicle, the engine. the owner of the principal thing for the
may be considered as the principal, all the.other “damages he may have suffered (CIVIL
parts of the vehicle being regardedas there... : CODE, Art. 470).
accessories (2 PARAS, supra at 283),
wd, Adjunction,in bad faith by both owners
SPECIAL RULE: In pairing, 4nd ‘sciiipture, if either.one of the owners has made the
writings, printed matter, -engraving and incorporation with the knowledge and without
lithograph, the board, imetal, /stone;, canvas, the objection” of the other, their respective
paper, or parchment, ; shall be deemed the ‘rights shall be ‘determined as though both
accessory thing (CIVIL CODE; Art. 468). This is acted in dod faith (CIVIL CODE, Art. 470).
based on the consideration that what is painted; i such case; apply Arts. 466 to 499.
etc. is of greater valua or-importance than the
board, etc. (DE LEON, Property, supra at, 7 99). Form. of Indemnity to Owner of Material
Whenever the owngr of the material employed
NOTE: Since the special rule: specifies - the ‘without hig'consert has a right to an indemnity,
special cases, analogousscases which are. not. : he may demand that this consists in the:
enumerated should not be solved analogously, oo 1. Délivery of-a thing equal in kind and value;
but in accordance with the general tests provided 2. Payment: of price as appraised by experts
for in Arts. 476 and 468, first paregrapl (2. (CIVIL ‘CODE, Art. 471).
PARAS, supra at 293).
2: TURE
Rules on who is Entitled: ’ — It takes place when 2 or more things belonging
a. Adijunction in good faith by either owner to different owners are mixed or combined with
GENERAL RULE: Accessory follows the the respective identities of the component parts
principal. destroyed or lost {DE LEON, Property, supra at
203).
EXCEPTIONS (SP):
i. "K the accessory can’ be Separated NOTE: As distinguished from adjunction, there is
without injury, their respective owners in mixture greater inter-penetration or
may demand their separation (CIVIL decomposition of the objects that have been
CODE, Art. 469); and mixed (Id.). .
ii. If the accessory is much more Precious
than the principal, the owner of the Kinds:
accessory may demand the separation a. Commixtion ~ mixture of solids
even if the principal suffers some injury b. Confusion — mixture of liquids
(CIVIL CODE, Art. 469).
Rules:
a. Mixture by will of the owners:
i. Primarily, their rights should be governed
by, their stipulations (Id. at 203-204);
MEMORY AID
San Beda University Goliege of Law ~ RGCT Bar Operations Center
i. In the absence of any stipulation, each the following option with a right to indemnity
owner shall acquire a right proportional for damages:
to the part belonging to him, bearing in i. Apptopriate the new thing without paying
mind the value of the things mixed or the owner of the material; or
confused (CIVIL CODE, Art. 472). ii. Require the owner of the material to pay
b. Mixture caused by an owner in good faith or him the value of the thing or value of his
by chance: Each owner shall acquire a right work or labor (DE LEON, Property, supr:
proportional to the part belonging to him, at 210). :
bearing in mind the value of the things mixed
or confused (CIVIL CODE, Art. 472). ¢. Owner of the principal (worker) in bad faith,
c. By one owner in bad faith: the owner of the material has the option:
i. He loses ali his rights to his own material; i. to appropriate the work to himself
and without paying anything to the maker; or
ii. He is liable for damages (CIVIL CODE, ii. To demand of the maker that he
. Art. 473). indemnify. him for the value of the
d. With the knowledge and without the objection material and the damages that he may
of owner: As though both acted in good faith have suffered (CIVIL. CODE, Art. 474).
(DE LEON, Property, supra at 203-204);
e. By the negligence of one of the parties: The EXCEPTION TO THE EXCEPTION: The owner
negligent owner is liable for damages (/d.). of the material cannot appropriate the work in
case the value of the iatter, for artistic or scientific
SPECIFICATION reasons, is considerably more than that of the
One who in good faith employs the material of material (CIVIL CODE, Art. 474).
another in whole -or in part in order to make a.
thing ofa different kind shall appropriate the thing Form of Indemnity to Owner of Material
thus transformed as his own, indemnifying the :Whenevér
the owner of the material employed
owner of the material for its value (CIVIL CODE, “withoitrhis consent has a right to an indemnity,
Art. 474). he may demand that this consist in the:
1. Delivery of a thing equal in kind and value;
The transformation of another's material by the 2. Payment of price as appraised by experts
application of labor. The material becomes a (CIVIL CODE, Art. 471).
thing of different kind. Labor is the principal (2
PARAS, supra at 299). NOTE: ln determining the value, sentimental
value mist be taken into account (CIVIL CODE,
Example: Using the paint of another to.make a Art. 475).
* painting on your own canvas (/d.).
" ADJUNCTION V. MIXTURE V.
NOTE: If you use your own paint on‘the canvas 0 SPECIFICATION CR
my
of another, this is adjunction. Reason: the canvas
is considered the accessory in Art. 468 on
LO
adjunction (/d.).
[»of
GENERAL RULE: I = Nn
Involves at | Involves at | May involve
a. Owner of the principal (worker) in good faith: least two (2) | least two (2) | one (1) thing
i. Maker acquires the new thing; and things. things. (or more) but
ii. He must indemnify the owner of the form is
material (/d.}. changed.
EXCEPTION:
if the material is more precious than the
transformed thing or is of more value, its
owner may, at his option: Accessory Co- Accessory
i. Appropriate the new thing to himself, follows the | ownership follows the
after first paying indemnity for the principal. results. principal.
value of the work; or
i. Demand indemnity for the material
(CIVIL CODE, Art. 474).
Things Things The new
joined retain | mixed or | object retains
b. Owner of the principal (worker) in good faith
their nature. confused or preserves
but owner of material in bad faith. Applying
may either | the nature of
Art. 470, Par. 2 by analogy, the worker has
PROPERTY
Civil Law
retain or lose | the original GENERAL RULE: Orly eal property could be the
their object. subject matter of quieting of title (DE LEON, Preperty,
respective supra at 217).
natures,
EXCEPTION: Certain personal properties like
(DE LEON, Property, supra at 212-213). vessels may be the object of quieting of title (1d).
demolition of the structure at the expense of the the entire land or thing. (Uy v. Estate of Vipa
owner, or take measures to insure public safely Fernandez, G.R. No. 200612, April 5, 2017).
(CIVIL CODE, Art. 482, Par. 2).
The nature of possession of a co—owner is like that of
The complainant must show that his property is a trustee and shall not be regarded as adverse to the
adjacent to the dangerous construction, or must have other co-owner but in fact beneficial to all of them
to pass by necessity in the immediate vicinity. (Salvador v. CA, G.R. No. 108910, April 5, 1895).
Lack of knowledge of the falling condition of the As the right of common dominion which two or more
structure will not excuse the owner from liability. persons have in a spiritual part of a thing not
materially or physically divided (Sanchez v. CA, GR
The proprietor of a building or structure is responsible No. 108947, September.29, 1997).
for the damages resulting from its total or partial
collapse, if it should be due to the lack of necessary REQUISITES: (POL)
repairs. (CIVIL CODE, Art. 2190). 1. Plurality of owners;
2. The Object of ownership must be a thing or right
For-damages caused by defects in the construction, which is undivided; and
the contractor is responsible for the damages within 3. Each co-owner’s right must be Limited only to his
15 years from the completion of the same (CIVIL ideal share of the physical whole (DE LEON,
CODE, Art. 1723). Property, supra at 233).
Purpose is collective | Purpose is to obtain Each co-owner may | Each joint-enant cannot
enjoyme
of the nt
thing. | profits. dispose of his ideal | dispose of his own share
share without the | without the consent of all
consent of the others. | the others.
An agreement to keep | There may be agreement lllustration: A and B owned in common a two-
the thing undivided for [as to a definite term story house. The upper floor was used as a
a period of more than | without limit set by law. dwelling; the lower was available for rent by
ten (10) years is void. stores. If A, lives in a room on the upper floor, and
uses a room on the lower floor as an office, can
(id. at 238-239).
B demand rent?
a. No rent for the upper floor can be demanded,
CO-OWNERSHIPV. JOINT OWNERSHIP for A was exercising her right as co-owner,
without prejudicing B who, had she wanted,
could have also lived in another room of said
floor, and who therefore could not have been
prejudiced.
Each co-owner owns | Each joint-tenant and all b. Half-rental may be demanded for the use of
his ideal share in the | of them own the whole the lower floor. Rent could be asked because
whole property. property. i others could have rented the same, but only
half should be giveh because A was a co-
MEMORY AID
ARH E
owner (Pardell v. Bartolome, G.R. No. 4656, NOTE: No such waiver shall be made if it is
November 18, 1912). prejudicial to the co-ownership (CIVIL CODE, Art.
488).
To Share in the benefits and charges in
proportion to the interest of each. Any Renunciation is not allowed if the co-ownership
stipulation to the contrary is void (CIVIL will be prejudiced, as in the case of a house which
CODE, Art. 485). is badly in need of repairs in order to prevent a
collapse, the waiver in this case is void, in which
REASON: It is contrary to the essence of co- case the other co-owner may proceed to have it
ownership (2 PARAS, supra at 323). repaired, and the co-owner who has made a
previous renunciation would still be liable (2
The interests of the co-owners are presumed TOLENTINO, supra at. 177).
equal unless the contrary is proved (CIVIL
CODE, Art. 485). Rules on Renunciation:
a.. Ifthe renunciation is in favor of the co-owner
NOTE: Art. 485 speaks of “stipulation in a creditor who has not yet been paid, said
contract.” If the co-ownership is created other creditor must give consent. This is a case of
than by a contract, such as by will or by donation, dacion en pago,
the share of the co-owners need not be b. If the renunciation is made in favor of the co-
proportionate to their respective interests (2 owner/s, a novation (in the form of
PARAS, supra at 322). substitution of debtor/ subjective novation)
would result. Thus, consent of said other co-
if a co-owner has paid the taxes to prevent owner/s and of the creditor is required (2
PARAS, supra at 333).
forfeiture of the common property for ‘tax
delinquency, he could compel contribution from
his co-owners (Id. at 323). sNoter The: creditor's consent would be needed
only:if expenses have already been incurred,
To the Benefits of prescription: otherwise; there would be as yet no creditor (DE
LEON, 12011, Property, supra at 245).
prescription by one co-owner benefits all
Reimbursement covers only necessary expenses
(DE LEON, Property, supra at 267).
{2 PARAS, supra at 333).
Repairs and taxes: Each: co-owner shall
To.consent to Alterations: None of the co-
have a right to compel the other co-
owners shall without the consent of the
owners to contribute to the expenses of
others, make alterations in the thing
the preservation of the thing or right owned in common, even though benefits to
owned in common and to the taxes (C/VIL
forall would result therefrom (CIVIL CODE, Ht
CODE, Art. 488). )
“AR497). ’
Rl
Repairs for preservation may be made at will of
However, if the withholding of the consent by one
one of the co-owners, but he must, if practicable, “Qo
first notify his co-owners of the necessity for such
or more of the co-owners is clearly prejudicial to ow
the common interest, the courts may afford
repairs (CIVIL CODE, Art. 489).
adequate relief (CIVIL CODE, Ari. 491).
-
The co-owners who should have been notified
Alteration
will not ‘be required to contribute to expenses
An act by virtue of which a co-owner changes the
which are excessive. They may show, for
thing from the state in which the others believe it
instance, that if the required notice had been
should remain, or withdraws it from the use to
given, they could have obtained other means of
which they desire it to be intended. It is not limited
effecting the repairs which are not as costly as
to material or physical changes (2 TOLENTINO,
that availed of by the co-owner who made or
supra at 192).
ordered them (2 TOLENTINO, supra at 179).
NOTE: However, it should not be understood to
Any one of the co-owners may exempt himself
include any change which a co-owner inay make
from this obligation by renouncing so much of his
in the common property, but only that which
undivided interest as may be equivalent to his
modifies and limits, and above all, prejudices the
share of the expenses and taxes (C/VIL CODE,
condition of the thing or its enjoyment by the
Art. 488).
others (/d.).
PROPERTY
Civil Law
For the purpose of legalizing the alteration of the and not for the co-ownership, the action will not
common property, the consent may be either prosper (Adiawan v. Adfawan, G.R. No. 161916).
express or tacit. A co-owner who knows the
alteration but does not interpose any objection is 9. To demand Partition at any time (CIVIL
deemed to tacitly consent to such alteration (/d.). CODE, Art. 494). :
Refers to thé enjoyment Has a more permanent RIGHTS AS TO THE IDEAL SHARE OF
of a thing and is of a
transitory character.
result and relate to the
substance or form. of
EACH CO-OWNER (CIVIL CODE, ART.
the thing. 493)
1. Each has full ownership ‘of his part and of his
share of the fruits and benefits;
2. Right to substitute another person in its
When nature of a thing When nature of the enjoyment, EXCEPT when personal rights are
requires modification or thing does not require involved or for the purpose of giving the thing a
changes (such as an modification or different use from that agreed upon;
industry or busingss),
PROPERTY
Civil Law
Personal rights — used in its real meaning and not (Magsano v. Pangasinan Savings and Loan
in its legal or technical sense; it is the right which Bank, Inc., G.R. No. 215038, October 17, 2016).
cannot be transferred because it affects the
personal relations of the co-owners with one In such cases, the remedy is to ask for partition, -
another. not to ask for the nullity of the sale {Aguirre et. al
v.CA, G.R. No. 122249, January 29, 2004).
3. Right to alienate, assign, or mortgage, dispose or
encumber; Forged Special Power of Attorney to mortgage a
4. Right to exempt himself from necessary real property made by a co-owner shall be valid
expenses and taxes by renouncing part of his only insofar as the share of the forging co-owner
interest in the co-ownership (2 PARAS, supra at (Rural Bank of Cabadbaran, Inc. v. Melecio-Yap,
359-360); and G.R. No. 178451, July 30, 2014).
5. He may demand partition of the thing owned in
common, in so far as his share is concerned
DONATION OF CONJUGAL PROPERTY
(DE LEON, Property, supra at 257).
The spouses are the absolute owners of their
undivided one-half interest over a conjugal property.
NOTE: This right is without prejudice to the
The donation by one spouse of a conjugal property
exercise by the others of the right of legal
without the consent of the other spouse will transfer
redemption under Art. 1620.
title only to the extent of the one-half undivided
portion of that property by the donor-spouse. The
SALE OR MORTGAGE OF COMMON. donations not wholly void ab initio. Accordingly,
PROPERTY vendegs in“the subsequent sale of the subject
1. Undivided portion propetty, is. corifined only to the one-half undivided
— transferee does not acquire any specific ar. portiori-thereof (Spouses Carlos v. Tolentino, G.R.
determinate physical portion of. the “whole No: 234533, June 27, 2018).
property (id. at 258). SE
RIGHT OF A CO:OWNER TO DEMAND
2. Definite portion PARTITION
— valid; subject to the intere’st of the vendor (Id. at No co-owner shall be obliged to remain in the co-
258). ownership. Each co- -OWner may demand at any time
the partition of the thing owned in common, insofar as
3. Whole property . : hig share iis: concerned (cv CODE, Art. 494).
— valid only insofar as the co- owners’share is
concerned, unless the sale is atithorized by the REASONS:
other co-owners’ right to'renounce part of his 1..-Law discourages €o- ownership; and
interest to reimburse necessary, expenses 2.76 remain in the co-ownership is to subject a.
incurred by another co-owner. (ld. at 260). person: to the desires of the rest; conflicts in
management: being bound to arise (2 PARAS,
4. Transactions entered into by each Co
© supra ar-362).
owner only affect his ideal share (1d);
- PROHIBITION TO PARTITION BECAUSE
When a co-owner sells the whole property as his,
OF AN AGREEMENT (CiViL CODE, Art.494):
the sale affects only the seller's share pro indiviso
1. Period must not extend more than 10 years;
and the transferee gets only what corresponds to
2. fit exceeds 10 years, the stipulation is valid only
his grantor’s share in the partition of the property
owned in common. Since a co-owner is entitled insofar as the first 10 years;
to sell his undivided share, a sale of the entire 3. There can be an extension but only after the
property by one co-owner without the consent of
original period has expired; and
4. After the first extension, there can be another,
the other co-owners is not null and void; only the
rights of the co-owners/seller are transferred,
and so on indefinitely, as long as for each
thereby making the buyer a co-owner of the extension, the period of 10 years is not exceeded
(3MANRESA as cited in 2 PARAS, supra.at 362).
property (Oesmer v. Paraiso Development Corp.;
G.R. No. 157493, February 5, 2007).
PARTITION
The effect of the alienation or the mortgage, with Partition is the separation, division, and assignment
respect to the co-owners, shall be limited to the of a thing held in common ameng those to whom it
portion which may be allotted to him in the may belong. it may be effected extrajudicially by the
division upon the termination of the co-ownership heirs themselves through a public instrument filed
[202002 soon]
MEM.URY AID
San Beda University College of Law - RGCT Bar Operations Centar
before the register of deeds (Espinas-Lanuza v. As between the parties, a public instrument is neither
Luna, Jr, G.R. No. 229775, March 11, 2019). constitutive nor an inherent element ot a contract of
partition. Since registration serves as constructive
An action for partition is at once an action for notice to third persons, an oral partition by the heirs
declaration of co-ownership and for segregation and is valid if no creditors are affected. Moreover, even
conveyance of a determinate portion of the properties the requirement of a written memorandum under the
involved (Balo v. CA, G.R. No. 129704, September statute of frauds does not apply to partitions effected
30, 2005). by the heirs where no creditors are involved
considering that such transaction is not a conveyance
REASON: The policy of the law is not to favor co- of property resulting in change of ownership but
ownership’ becausc it Is not conducive to the merely a designation and segregation of that part
development of the community property particularly which belongs to each heir (Espinas-Lanuza v. Luna,
where it involves real estate (DE LEON, Property, Jr, G.R. No. 229775, March 11, 2019).
supra at 272).
Mere receiving of rents or profits, payment of taxes,
NOTE: The thing itself may be physically divided, or or construction of a fence or building would not be
if not, its value may be partitioned (7 MANRESA as sufficient proof of exclusive or adverse possession
cited in 2 PARAS, supra at 362; Art. 1079). Partition because anyone in the co-ownership may do it
is governed primarily by the Civii Code and {Laguna v. Levantino, G.R. No. L-47386, April 18,
suppletorily by the pertinent provisions of the Rules 1941).
of Court particularly Rule 69.
The act of executing the affidavit of self-adjudication
GENERAL RULE: Under Art. 494, Par, 5 of the Civil did not constitute sufficient act of repudiation. In fact,
Code, prescription does not run in favor of or against “there was bad faith of the co-heir in feigning sole
Ei
Hlustration: A, B, and C are co-owners. A sold NOTE: The sale shall be resorted to only when the
his share to X. Who is entitled to participate in the property cannot be divided without prejudice to the
partition, A or X? co-owners, and the co-owners cannot agree (DE
LEON, supra at 267).
Answer: It depends.
a. If A had sold his whole interest, and has ‘PROTECTION ON THE RIGHTS OF THIRD
delivered same, then X should participate (X
PERSONS
is participating as a co-owner).
The partition of a thing owned in common shall not
b. If A had sold only part of his share, or even prejudice third persons, who shall retain the rights of
if he sold his entire share, he has not yet mortgage, servitudeor any other real rights belonging
delivered same to X, both A and X are to them before the division was made. Personal rights
allowed to participate in the partition. (A pertaining to them against the co-ownership shall
parlicipating as co-owner and X as assignee) also remain in force, notwithstanding the partition
(2 PARAS, supra at 382 - 383). (CIVIL CODE, Art. 499).
When a Stranger acquired by prescription the ' MINERALS (CIVIL CODE, Art. 519)
+
MEMORY AID
San Beda University Cuflege uf Law - RGCT Bar Operations Center
b. In the name of another (CIVIL CODE, Art. adverse and in the concept of an owner, must
524) — for whom the thing is held by the fail. Being the owners of the subject property,
possessor. respondents have the right to recover
I. Voluntary — as when an agent possesses possession from the petitioner because such
for the principal (by virtue of an right is imprescriptible. Even if the
agreement); " Department of Education has been
ii. Necessary or Legal — when exercised by occupying the subject property for a
virtue of law, such as possession in considerable length of time, respondents, as
behalf of incapacitated persons, a lawful owners, have the right to demand the
mother for her child and juridical entities: return of their property at any time as long as
or the possession was only through mere
ili. Unauthorized — This will become the tolerance (Department of Education vs. Heirs
~ principal's possession only after there of Banguila, G.R, No. 230399, June 20,
has been ratification without prejudice to 2018).
the effects of negotiorum gestio (2
PARAS, supra at 461). In the concept of holder, possessor holds it
merely to keep or enjoy it, the ownership
NOTE: Landlord is in actual possession pertaining to another person (CIVIL CODE,
through the tenant. Hence, he can also bring Art. 525).
a suit against an intruder (Simpao v. Dizon,
G.R. "No. 452, April 30, 1902). Possessor acknowledges in another a
superior right which he believes to be
2. According to the Concept of Possession ownership, whether his belief be right or
wrong (Carlos v. Republic, G.R. No. 164823,
a. In the concept of owner (enconcepto de . = August 31, 2005).
dueno) — possessor of thing or right, by hig
actions, is considered or believed by others © “HoT “There can be possession in concept
as the owner, regardless of good- of bad faith of botly owner and holder or in neither (DE
of the possessor, recognizing no: title of © LEON, Property, supra at 334).
ownership in another (CIVIL: CODE, “Art.
525). Although the taxable person who has actual
and beneficial use and possession of a
Only the possession acquired and enjoyed jin «propert ma be charged with the payment of
the-concept of owner can serve as 4 title for thereon, such
acquiring dominion (CIVIL CODE, Art. 540). assumption of liability does not clothe the
said person with the legal title or interest over
Such possessor is presumed 10 possess just the property. To rule otherwise would be to
litle and cannot be obliged to show or prove “defeat the true owner's rights by allowing
it (CIVIL CODE, Art. 541). lessees or other occupants of a property to
assert ownership by the simple expedient of
NOTE: It is essential that such flaw or defect redeeming the same at a tax delinquency
in the title must be such that it wili have the sale (Onstott v. Upper Tagpos Neighborhood
effect of invalidating the title. If flaw or defect Association Inc, G.R. No. 221047,
does not result in invalidation of title, he is not September 14, 2016).
merely a possessor in good faith but the
owner. The phrase possessor in good faith 3. According to the Condition of the Mind
presupposes ownership of another (Pershing
Tan Cueto v. CA, G.R.No. L-35648, February a. In good faith, the possessor is not aware that
27, 1987). there is in his title or mode of acquisition a
flaw that. invalidates it (CIVIL CODE, Art.
The Court unequivocally stated that laches 526).
can only apply to one whose possession of
the property was open, continuous, Requisites: (OVI)
exclusive, adverse, notorious, and in the Ostensible title or mode of acquisition;
concept of an owner for a prolonged period i Yice or defect in the title; and
of time. Additionally, physical possession ji. Possessor is Ignorant of the vice or
must be coupled with intent to possess as an. defect and must have an honest belief
owner in order for it to be considered as that the thing belongs to him (CIVIL
adverse. Therefore, the petitioner's claim that CODE, Art. 526).
their possession of the subject lot was
PROPERTY
Civil Law
Mistake upon a doubtful or difficult question Article 528 of the New Civil Code provide that
of law may be the basis of good faith (CIVIL possession acquired in good faith does not
CODE, Art. 526). lose his character, except in a case and from’
the moment facts exist which show that the
Mistake upon a doubtful or difficult question possessor is not unaware that he possesses
of law, which may be the basis of good faith the thing improperly or wrongfully.
under Art. 526, refers io honest error in the Possession in good faith ceases from the
application of the law or interpretation of moment defects in the title are made known
doubtful or conflicting legal provisions or to the possessors, by extraneous evidence or
doctrines, but is different from “ignorance of by suit for recovery of the property by the true
the law,” as when a person acquired propertly owner. Whatever may be the cause or the
by a deed which is absolutely void because it fact from which it can be deduced that the
is in violation of prohibitory laws (DE LEON, possessor has knowledge of the defect of his
Property, supra at 351). title or mode of acquisition, it must be
considered sufficient to show bad faith (Pen
In bad faith (CIVIL CODE, Art. 526) — Development Corporation and Las Brisas
possessor is aware of the flaw that Resort Corporation vs. Martinez Leyba Inc.,
invalidates his title. G.R. No. 211845, August 9, 2017).
Bad faith does not simply connote bad In the absence of other facts showing the
judgment or negligence: it contemplates a possessors knowledge, good faith is
state of mind affirmatively operating with interrupted from the receipt of service of
furtive design or some motive of self-interest . ¢ judicial. summons (DE LEON, Property,
or ill-will for ulterior purposes (Villanueva v. supra at 354).
Sandiganbayan, G.R. No... 105607, June
21,1993). if dateof service of summons cannot be
determined, then good faith is deemed
Only personal knowledge of the flaw in one’s interrupled at the date of filing an answer
title or mode of acquisitionscan make him a (id.). :
possessor in bad faith. itis not transmissible
even to an heir (DE LEON, Property, supra EXTENT OF POSSESSION:
at 354). 1.. Actual possession
~.Qccupancyfi fact of the whole or at least
The distinction between possession in good + substantially the whole property; and
faith and possession in bad faith is of
importance principally'in connection withthe
2. Constructive possession
receipt of fruits and the payment of expenses
~~ Qecupancyof part, in the name of the whole,
and improvements under. Arts. 544.~ 553;
_.utider such circumstances that the law extends
and the acquisition of “ownership “by
the occupancy to the possession of the whole (ld.
prescription under Art. 1127. However, such
distinction is immaterial in the exercise of the
at 340)
right to recover under Art. 539 which speaks
of every possessor (ld. at 347). DOCTRINE OF CONSTRUCTIVE
POSSESSION.
Bad faith is personal. Just because a person Possession in the eyes of the law does not mean that
is in bad faith does not mean that his a man has to have his feet on every square meter of
successors-in-interest are also in bad faith. ground before it can be said that he is in possession
(ld. at 364). (Ramos v. Director of Lands G.R. No. 13298,
November 19, 1918).
A lessee who continues to stay on the
premises after the expiration of the lease Possession can be acquired not only by material
contract is deemed a usurper; as such he has occupation, but also by the fact that a thing is subject
become a possessor in bad faith (Republic v. to the action of one's will or by the proper acts and
Diaz, G.R. No. L-36486, August 6, 1979). legal formalities established for acquiring such right.
Possession can be acquired by juridical acts. These
Possession in good faith is converted to are acts to which the law gives the force of acts of
possession in bad faith from the moment possession. In one case, this Court has considered a
facts exist showing the possessor's - claimant's act of assigning a caretaker- over the
knowledge of the flaw (CIVIL CODE, Ar. disputed land, whe-cultivated the same and built a hut
528). . thereon, as evidence of the claimant's possession of
MEMORY AID
Sen Beds University College of Lew - RGCT Bar Operations Canter
without prejudice to the juridical consequences of personally or through their parents, guardians, or
negoftiorum gestio in the proper case (/d.). legal representatives (CIVIL CODE, Art. 1107).
into his hands (Spouses Antazo v. Doblada, G.R. NOTE: A squatter has no possessory rights of
No. 178908, February 4, 2010) or else he will be any kind against the owner of the land inte which
made to suffer the consequences of his he has intruded (Banez v. CA, G.R. No. 1-30351,
lawlessness (Santiago v. Cruz, G.R. No. 1 -31919, September 11, 1974).
March 24, 1930). For this reason, Article 536
mandates that he must invoke the aid of the POSSESSION IN THE CONCEPT OF AN
competent count, if the holder should refuse to
OWNER OR EN CONCEPTC DE DUENO
aeliver the thing.
Only possession acquired and enjoyed in the concept
of owner can serve as a title for acquiring dominion
CONFLICT BETWEEN SEVERAL (CIVIL CODE, Art. 540) even if he acted in bad faith.
CLAIMANTS:
GENERAL RULE: Possession as a fact cannot be A possessor in the concept of an owner has in his
recognized at the same time in two different favar the legal presumption that he possesses with a
personalities (CIVIL CODE, Art. 538). just title and he cannot be obliged to show or prove it
(CIVIL CODE, Art. 541).
EXCEPTIONS: In case of co—-possession when there
is no conflict and possession in different concepts or Presumption of just title does not apply in acquisitive
different degrees (DE LEON, Property, supra at 371). prescription. The adverse possessor must prove his
just title (DE LEON, Property, supra at 387).
Criteria in Case of Dispute:
1. Present/actual possessor shall be preferred; KINDS OF TITLES:
2. If there are two possessors, the one longer | in
possession;
. 1. True and Valid Title (Titulo Verdadero y
3. If the dates of possession are the same, the ne = Valido)
with a title; and — There was a mode of transferring ownership
4. If all the above are equal, the fact of possession and the grantor was the owner (/d. af 386-367),
shall be judicially determined, and::in the
meantime, the thing shall be placed in judicial... 2. Colorabie Title (Titulo Colorado)
deposit (CIVIL CODE, Ar. 538). ~ There “was such mode of transferring
ownership; BUT the grantor, whom the buyer
befieves to bei the owner, was, in fact, not the
owner (/d. J and
EFFECTS OF itle'{ Titulo Putativa)
POSSESSION — That title although a person believes himself to
ra
(ARTS. 539-554) be the owner, he nonetheless is not because
1s no mode of acquiring ownership (/d.). " =
fet
NOTE: Titulo coloradois what is meant by "just title” Ld
ll « BE
RIGHTS OF EVERY POSSESSOR in the law of prescription, and not titulo verdadero y
valido, for if it were the latter, there could be no
“Qi
(WHETHER IN THE CONCEPT OF AN
OWNER OR A HOLDER):
necessity of still acquiring ownership through
prescription, the grantee being already the owner a
1. To be respected in his possession; and {Solis v. CA, G.R. No. .-46753, August 25, 1989).
2. To be protected in or restored to said possession
by legal means should he be disturbed therein POSSESSION IN THE CONCEPT OF
(CIVIL CODE, Art. 539). HOLDER:
1. Lessees;
A possessor deprived of his possession through
2. Trustees, including: parents over the properties
forcible entry may within ten (10) days from the
of their children; and husband and wife over each
filing of the complaint present a motion to secure other's property;
from the competent court, in the action for forcible
Antichretic creditors;
entry, a writ of preliminary mandatory injunction
sw
Agents;
to restore him in his possession (CIVIL CODE,
Attorney's regarding their client's properties;
Art. 539).
Noo
Depositaries; and
Co-owners (2 PARAS, supra at 523).
REASON: There are many prolonged litigations
between the owner and the usurper and the
NOTE: Possession of real property presumes that of
former is frequently deprived of his possession.
the movabies therein, so long as it is not shown or
PROPERTY
Civil Law
MEMORY AID
Ban Beda University Colles of Law ~ RGOT Bar Operations Center
(DE LEON, Property, supra at 406 to 408). The possessor who recovers possession is
considered as having had uninterrupted
Necessary Expenses possession despite these acts of violence,
Those made for the preservation of the thing stealth, and tolerance; but he musi recover
{2 PARAS, supra at 539). in _.o:possession by” due process and not otherwise
ODE Arts. 561, 5386, 539).
Useful Expenses
Those that add value to property or increase the: Possessoryacts of mere holder do not bind or
object's productivity (/d. at 5417). prejudice the-possessor in the concept of owner,
unless said acts were previously authorized or
Ornamental/Luxury Expenses ratified by the latter (CIVIL CODE, Art. 558}.
Those that add value to the thing only for certain
persons in view of their particular whims; neither POSSESSION OF MOVABLES (CIV
essential for preservation nor useful to everybody in CODE, ART. 659)
general (Id. at 549).
oT 'HEOR OF IRREVINDICABILITY
GENERAL RULE: Possession of movable property
acquired in good faith is equivalent to a title (CIVIL
LOSS OF POSSESSION CODE, Art. 858).
(ARTS. 555)
NOTE: Possession in good faith does not really
amount to title, for the reason that Ark. 1132 of the
Code provides for a period of acquisitive prescription
GENERAL CAUSES: for movables through ‘uninterrupted possession for
1. By the will of the possessor four years in good faith’ (xxx), so that many Spanish
a. Abandonment; and writers, including Manresa, Sanchez Roman,
b. Assignment Scaevola, De Buen, and Ramos, assert that under
2. Against the will of the possessor Art. 464 of the Spanish Code (Art. 559 of the New
a. Eminent domain; Civil Code), the title of the possessor in good faith is
b. Acquisitive prescription; not that of ownership, but is merely a presumptive title
c. Judicial decree in favor of one who has a sufficient to serve as a basis for acquisitive
better right; _ prescription (De Garcia v- Court of Appeals, G.R. No.
d. Possession of another for more than ane L-20264, January 30, 1971).
year;
IHustration: If X buys in good faith books from Y, an
NOTE: This refers to possession de facto impostor, who succeeded in purchasing the books
where the possessor loses the right to a from Z by falsely identifying himself and paying the
price by means of a check which was dishonored, the
PROPERTY
Civil Law
law establishes an actual right thereto in favor of X. d. Where the sale is made at merchant's stores,
The subsequent dishonor of the check merely fairs or markets (CIVIL CODE, Art. 1505);
amounted to a failure of consideration which does not e. Where the seller has a voidable title, which
render the contract of sale void, but merely allows the has not been avoided at the time of the sale
prejudiced party to sue for specific performance or to the buyer in good faith for value and
rescission of the contract and to prosecute the without notice of the seller's defect if title
impostor for estafa under Art 315 of the Revised (CIVIL CODE, Art. 1506);
Penal Code. (EDCA Publishing v. Santos, G.R. No: f. Where recovery is no longer possible
80298, April 26, 1990). because of prescription (C/VIL CODE, Art.
1132); and
Requisites: (GOV) g. Where the possessor becomes the owner of
1. Possession is in Good faith; the thing in accordance with the principle of
2. Possessor is in the concept of Owner; and finder's keeper (CIVIL CODE, Ant. 719) (DE
3. The owner has Voluntarily parted with the LEON, Property, supra at 415).
possession of the thing (DE LEON, Property,
Supra at 411-412). SUMMARY OF RECOVERY OR NON-
EXCEPTION: One who has lost or has ‘been
RECOVERY PRINCIPLE -
unlawfully deprived of @ movable may recover it from 1. Owner may recover without reimbursement:
whoever possesses it without reimbursement. The a. From possessor in bad faith; and
owner of the thing must prove: (a) ownership-of the b. From possessor in good faith (if owner had
thing; and (b) loss or unlawful deprivation: or bad faith lost the property or been unlawfully deprived
of the possessor (Id. at 420-421). - oft and the acquisition being from a private
person;
If the owner has lost a thing,-or if he.-has been Owner may recover but should reimburse: if
unlawfully deprived of it, he has a right to récover it, possessor acquired the object in good faith at
not only from the finder, thief or rébber. but also from "public sale or auction .
third persons who may have acquired it in good faith 3. Owner cannot recover, even if he offers to
from such finder, thief or robber {Aznar v. Yapdiangco, reimburse:
G.R. No. L-18536, March 31, 1965). a. If possessor had acquired it in good faith by
purchase from:a:merchant’s store, or in fairs
NOTE: “Unlawful deprivation” includes all cases of or- markets in accordance with the Code of
taking that constitute a criminal- offense (DE. LEON, - ‘Commerce and special laws;
Property, supra at 416). b.” if owner is"by his conduct precluded from
~denying the seller's authority to sell; and
EXCEPTIONS TO THE EXCEPTION: (NG) ¢. if the possessor had obtained the goods
Where the owner acts Negligently or. voluntarily because he.was an innocent purchaser for
parts with the thing owned, he cannot recover it value and a holder of a negotiable document
from the possessor; and of title ta the goods (2 PARAS, supra at 566).
2. If the possessor of the movable acquired. itit in
Good faith at a public sale, the owner cannot POSSESSION OF ANIMALS
obtain its return without reimbursing the price Wild animals are possessed only while they are under.
paid therefore keeper (CIVIL CODE, Art. 559, one’s control; domesticated or tamed animals are
Par. 2). considered domestic or tame, if they retain the habit
of returning to the premises of the possessor (CIVIL
NOTE: In the following public sale transactions, CODE, Art. 560). .
the owner cannot recover:
a. Where the owner of the movable is, by his Animals may be: .
conduct, precluded from denying the seller's 1. Wild animals
authority to sell; and Those living in a state of nature independently
b. Where the law enables the apparent owner of and without the aid and care of man (DE
to dispose of the movable as if he were the LEON, Property, supra at 423).
true owner thereof, i.e., Civil Code (Art. 1507-
1520), the Property Registration Decree 2. Domesticated or tamed animals
(P.D. No. 15625), the Negotiable instruments a. Wild or savage by nature but have been
Law (Art. 2031), and the Warehouse subdued and became accustomed to live in
Receipts Law (Act No. 2137), a tamed condition;
¢. Where the sale is sanctioned by statutory or b. Domestic animals - born and reared under
"judicial authority; the control and care of man, lacking the
instinct to roam freely (1d).
MEMORY AID
2638
limited primarily to the child's support and b. Singular or Particular - if only individual
secondarily to the collective daily needs of things are included.
the family. (FAMILY CODE, Art. 226); 7. As to Whether or Not Impairment of
Object is Allowed (CIVIL CODE, Art. 562).
b. Voluntary — Constituted by the will of private a. Normal {or Perfect or Regular) that which
persons expressed in acts infer vives or in a involves non-consumable things which the
last will and testament; and ‘usufructuary can enjoy without altering their
c. Mixed — Constituted by prescription (i.e., - form or substance; and
created both by law and by the act of a b. Abnormal (or Imperfect or Irregular) — that
person); which involves things which would be
useless to the usufructuary unless they are
IHustration: Usufruct acquired by consumed or expended.
prescription such as when believing himself
to be the owner of the property of an RULES GOVERNING USUFRUCT:
absentee, gave in his will the usufruct of the
1. The rights and obligations of the usufructuary
property for the requisite prescriptive period
shall be those provided in the title constituting the
to his wife, who possessed it in good faith as
usufruct; or
usufructuary, and naked ownership to his
In default of such title, or in case it is deficient, the
brother (DE LEON, Property, supra at 425).
provisions contained in the Civil Code regarding
~.ysufruct shall apply (CIVIL CODE, Art. 565).
As to Extent of Coverage:
a. Total — constituted on the whol e of the, fruits
of the thing; and OBLIGATION PRESERVE TO THE
b. Partial — a part of the fruits ofthe thing evi OBJECT OF THE USUFRUCT
CODE, Art. 564). GENERAL RULE: Usufructuary is bound to preserve
the form and substance of the thing in usufruct (CIVIL
As to Kind of Object: CODE, Art. 562).
a. Over aright, if it involves intangible property
provided it is not strictly personal or EXCEPTIONS: .
intransmissible; and 1. When the law or the title creating the usufruct
b. Qver things, if it involves: tangible property provides that the usufructuary is not so obliged
(CIVIL CODE, Art. 564). . (CIVIL CODE, Art. 565);
When the usufructincludes things which, without
As to Number of Pérsons: Enjoying the being constimed,” gradually deteriorate through
Right --wearand {ear (CIVIL CODE, Art. 573); and
a. Singular — in favor of one person; and 3: When the usufrugt includes things which cannot
b. Multiple — two or more persons be used withoutbeing consumed (quasi-usufruct)
i. Simultaneously, i.e., at the satne'time or {CWIL CODE; Art. 574).
ii. Successively, i.e, one after the other.
(CIVIL CODE, Art. 564). ~USUFRUCT V. LEASE
Effect of a Calamity on the Trees and Shrubs NOTE: After a successful judgment, the usuffuct
a. If it is impossible or too burdensome to is now over the thing awarded and not on the right
replace them, the usufructuary may either: to recover (2 PARAS, supra at 605).
i. Use the trunks but should replace them
(CIVIL CODE, Art. 575); or On property owned in common
ii. Leave the dead, fallen, uprooted trunks A co-owner may give the usufruct of his share to
at the owner’s disposal, and demand that another, even without the consent of others,
the latter remove them and clear the land unless personal considerations are present
(CIVIL CODE, Art. 576). (CIVIL CODE, Art. 582 in refation to Art. 493).
b. Ifitis not “too burdensome” to replace them,
he must replace them (whether he uses the The usufructuary in such a case takes the
trunks or not), and he cannot demand owner’s place as to:
clearance of the land by the owner (DE a. Administration (management); and
LEON, Property, supra at 428). b. Collection of fruits or interest (CIVIL CODE,
Art. 582).
5. On woodlands and nurseries
The usufructuary of woodland may enjoy all the Effect of Partition:
benefits which it may produce according to its a. If there be a partition, the usufructuary
nature (CIVIL CODE, Art, 577). continues to have the usufruct of the part
aliotted to the co-owner concerned (CIVIL
In case of usufruct over a woodland which sa a “CODE, Art. 582).
copse or consists of timber for-building, i “bf the partition was dome without the
cutting or feeling the trees, he must: intervention of the usufrucluary, the partition
a. Follow the owner's habit of practices; pinds the" usufructuary. However, the naked
b. In default thereof, the customs ofthe place owner ‘must respect the usufruct (Pichay v.
as to manner, amount, and season; and, Querol, &.R.-No. 4452, October 1, 1908).
c. If there be no custgims,’ the? only time the
usufructuary can cut down trees will be for Of ‘fruitful ‘or. productive livestock
repair or improvement;
but the oWha&r must (livestock): :
first be informed (2 PARAS, supraat 602). If the usufruct be constituted on a flock or herd of
livestock, the ‘usttryctuary shall be obliged to
On aright to recover by court action replace with the young thereof the animals that
The usufructuary of ar action to ‘recover real dig gach year from natural causes, or are lost due
property or a real right or any thovable’ property “tothe? rapagity of beasts of prey (cviL CODE,
has the right to bring the action and to oblige: the i CAR 591).
owner thereof to give him:
a. Authority to bring the action (rough SPAY ; Co : NOTE: This article applies only when the usufruct
and “Js-6n a FLOCK and HERD of livestock (not
b. Furnish him whatever proof: the’ owher may we "_meérel y two or three animals) (2 PARAS, supra at
have (CIVIL CODE, Art. 578). 620)
The Action May Be Instituted in the There iis Obligation to Replace:
Usufructuary’s Name, Subject to . the a. If some animals die from natural causes; or
Following: b. If some animals are lost due to rapacity of
a. Hi the purpose is the recovery of the beasts of prey (id).
property or right, he is still required to
obtain the naked owner's authority; or NOTE: There is the duty to replace even though
b. If the purpose is to object to or prevent the cause is fortuitous. Replacement should be
disturbance over the property, no special made from the young produced (/d.).
authority from the naked owner is needed (2
PARAS, supra at 605). Hlustration: (f 15 cattles died, but only
3 were produced, only 3 must be replaced; hence
Effect of Judgment also, if 15 died, but 20 were produced, the excess
If in consequence of the enforcement of the of 5 belong to the usufructuary since they are
action the usufructuary acquires the thing fruits (/d.).
claimed:
a. The usufruct shall be limited to the fruits; and There is NO Obligation to Replace:
b. The dominion remains with the owner (CIVIL a. Ifthere is total loss of the animals because of
CODE, Art. 578). some unexpected or unnatural loss; or
b. Ifthere is a partial loss (id. at 621).
MEMORY AID
San Beda University College of Law - RGCT Bar Operations Centar
In both of the foregoing instances, the Liability of the Naked Owner May Be
usufructuary must have no fault resulting in the Extinguished:
loss (id.). a. By constituting a usufruct over an equivalent
estate;
NOTE: The remains, not the remainder should go b. By payment of a periodical pension
to the naked owner. The usufruct continues on equivalent to the loss; or
the remainder, provided that the loss be by ¢. Any other similar way (/d.).
accident and without fault of the usufructuary
(td.). NOTE: Itis believed that Art. 600 can also apply,
by analogy, to a pledged movable, provided that
In case of sterile animals, since there are no the movable is in the usufructuary possession
young, the rule of usufruct over fungibles applies (lq. at 632).
(CIVIL CODE, Art. 574).
The usufructuary may lease it even without Rules Governing Art. 580:
the owner's consent but. not being the owner, lf damage exceeds the value of the
the usufructuary, cannot alienate, pledge. or i ements, usufructuary is still liable
mortgage the thing itself (CIVIL CODE, Art. for the difference;
572). ii. If the value of the improvements exceed
the damage, the difference does not go =
0 i
He may sell future crops subject to the rule 72510 the usufructuary, but accrues in favor
that those ungathered at the time when the of the naked owner, in the absence of 1d
stipulation to the contrary (Id. at 607). a.
usufruct terminates belong
When the things given in usufruct cannot be
tc the owner.
Oo
©
used
appraised
without
when
being consumed
delivered, the usufructuary
or were To retain the thing until he is reimbursed for
advances for extraordinary expenses and a
may dispose of them (DE LEON, Property, taxes on tne capital (CIVIL CODE, Art. 612).
supra at 466).
2. As to the usufruct itself
If the lessee should damage the property, a. To alienate the usufructuary right {except
the usufructuary shall answer to the owner. parental usufruct) (CIVIL CODE, Art. 572 in
(CIVIL CODE, Art. 590) subject to the latter's relation to FAMILY CODE, Arts. 225 and
right to demand reimbursement from the 226);
former. Hf the usufructuary cannot pay the
damage to the naked owner, his bond shall GENERAL RULE: The usufrucluary may
be liable (CIVIL CODE, Art. 583(2)). pledge or mortgage the usufructuary right
(because he owns said right) but he cannot
NOTE: All contracts enterad into by the pledge
2age or mortgage the thing itself because
usufructuary shall terminate upon the he does not own the thing (CIVIL CODE, Art.
expiration of the usufruct or earlier, except 572 in relation to Art, Art. 2085 (2)).
rural leases which continue during the
agricultural year (CIVIL CODE, Art. 572 in
relation fo Art. 1682).
PROPERTY
Civil Law
or
~
rural leases which continue during the still entitled to the use of the land
agricultural year a CODE, Art. 572 in and the use of whatever
. relation fo At.1682). . } materials of the house remain;
e.)If the naked owner Wants “to
To bring action and oblige owner thereof 10. : rebuild but the usufructuary
give him proper authority - and. necessary ~ refuses, it is the usufructuary
proof in a usufruct lo recover property ora LEE who prevails for the use of the
real right (CIVIL CODE, Art 578); “: land is still his for the remainder
- ofthe period (2 PARAS, supra at
(See prior discussion on Special, Usufructs, 1640-641).
particutarfy on Art. 578). 2. Ustufruct on the building alone (but
the” ‘building is destroyed before the
To exercise all the rights pértaining? to the ¢co- termination of the period):
owner with respectito the administration and a) The; usufruct on the building
collection of fruits; or. interests. “from the ’ ends, but the usufructuary can
property in a usufruct of part of & common : still make use of whatever
property (CIVIL CODE, Art. 582); # materials of the house remain;
The usufructuary is entitled to
c
paragraph of Art. 608 applies, except if the new building completely, with no
there be a stipulation between them to obligation to give interest on the
the contrary. additionai cost of the naked owner (4
ii. A better solution perhaps wouid be to MANRESA 542-543 as cited in 2
make the sharing of the premiums PARAS, supra at 542-543).
proportionate to the respective insurable ii. If the naked owner does not construct a
interests, the premium of the naked new building or rebuild, the naked owner
owner being based on the insurable gets the insurance indemnity but should
interest of the naked ownership; that of pay the interest thereon to the
the usufructuary being based on the usufructuary (Id. at 643).
insurable interest of the usufruct (2
PARAS, supra at 636). b. If the naked owner alone pays the insurance
and the usufructuary refused to share:
NOTE: Article 608 is silent where the i. The naked owner gets the whole
usufructuary alone pays the insurance or, indemnity (with the obligation to give the
where both share in the payment thereof, as interest thereon to the usufructuary).
to the proportion of their contribution to the ii. If the usufruct was on the building and
insurance (DE LEON, Property, supra at the land, the usufruct continues on the
502). land and the materials (CIVIL CODE, Art.
644).
Rules applicable to Art. 608: iii. If the usufruct was on the building alone
i. The insurance indemnity (which cannot the naked owner may rebuild, with or
be more than the value of the usufruct): without the approval of the usufructuary,
goes to the usufructuary alone, with:np but he must pay interest on the value of
obligation on his part to share ‘the: the land and the old materials that may
indemnity with, nor tc give legal interest have been used (CIVIL CODE, Art. 607;
thereon to, the naked owner; ; ARAS, supra at 638).
ii. The usufruct continues on the land for
the remaining period of “the .usufrict Cc. If thy ieked owner alone paid for the
(unless the usufruct ‘had. been insurance, but there is failure or omission of
constituted on the building along); and uspfructuary to share (Id. at 644).
iii. The usufructuary has no obligation to
construct a new building or to, rebuild he effect is the same as if there was
(whether the usufruct was constituted 6n “but the usufructuary must
the building alone, or on.both the building reimburse the naked owner of the
and the land). The usufructuary: surely usufructuary’s share of the insurance >
cannot be compelled to rebuild because premium (4 MANRESA 546 as cited in 2 =
the insurance indemnity willbe mugh
less than the cost of the: building (2
ARAS, supra at 644). oc
PARAS, supra at 634). RR d. a:
If the usufructuary alone pays the insurance
premium: lo}
NOTE:
the
A contrary stipulation between i. _ The insurance indemnity goes
usufructuary alone, with no obligation on
fo the
a
[x i
parties will prevail over the foregoing his part to share the indemnity with, nor
rules (/d.). to give legal interest thereon to, the
naked owner.
Payment of insurance on the Tenement Held ii. The usufruct continues on the land for
in Usufruct (C/VIL CODE, Art. 608) the remaining period of the usufruct.
a. If the naked owner and usufructuary share in iii. The usufructuary has no obligation to
the premiums (and the property is construct a new building or to rebuild (Id.
destroyed): at 644).
i. If the owner constructs a new building,
the wusufruct continues on the new 3. As to advances and damages
building. a. To be reimbursed for indispensable
1.) If the cost of the building is less than extraordinary repairs made by him in an
the insurance indemnity, the amount equal to the increase in value which
usufructuary should get legal the property may have acquired by reason of
interests on the difference. such repairs (CIVIL CODE, Art. 594);
2.) Ifthe cost is more than the insurance
indemnity, the usufructuary enjoys
PROPERTY
Civil Law
security, binding himself to fulfill the obligations accordance with the title constituting the usufruct,
imposed upon him (CIVIL CODE, Ar. 583). he should have commenced to receive them
(CIVIL CODE, Art. 588).
This article does not apply if the usufruectuary is
exempted from giving security. It applies only if Iustration: If the usufruct commences January
he is required but cannot afford to give security 3, 2014 but security is given March 3, 2014, the
(2 PARAS, supra at £18). usufructuary is entitled to all the proceeds and
benefits of the usufruct from January 3, 2014.
NOTE: Since the law does not specify what
kind of sccurity should be given, it follows that EFFECTS OF FAILURE TO GIVE
any kind of sufficient security should be allowed SECURITY IF NOT EXEMPTED (CIVIL
-- such as a cash or personal bond, mortgage,
etc. (fd).
CODE, ART. 586).
a. On the rights of the naked owner
GENERAL RULE: The usufructuary has the i. He may deliver the property to the
obligation to give security, binding himself to fulfill usufructuary;
the obligations imposed upon him in accordance ii. He may choose retention of the property
with the Civil Code. as administrator;
ii. He may demand receivership or
EXCEPTIONS: administration (by another) of the real
a. When no one will be injured thereby {CIV oo property, sale of movable, conversion or
CODE, Art. 585), “deposit of credit instruments, or
b. When there is waiver by the naked ‘owner, ; investment of cash or profits (2 PARAS,
(4 MANRESA, supra at 464-467) or there is “supra at 609);
a stipulation either in a will or by contract; iv, He may demand that the movables be
c. When the usufructuary is.the donor of the To sold; )
property who has reserved the usufruct v. He ‘may. demand that the credit
(CIVIL. CODE, Art. 584); : instrument’. be converted into regular
d. When there is a parental usufruct,’ te., in the . certificate of deposit; or
case of parcnts who ore: usufructuaries of. vi. He may demand that the cash and
their children’s property (FAMILY CODE, Art. crediis, be: Invested in safe securities
225); and .
{DE LEON, Property, supra at 452).
e. In cases of caucion juratoria (CIVIL: CODE, b. # On-the rights of the usufructuary
Art. 587; 2 PARAS, supra‘at 617); i.. “He gannot possess the property until he
+ gives security;
Caucion juratoria is a promise underoath to. ii. He cannot administer the property;
take good care of the property and return the: “hence, she’ cannot execute a lease
same at the end of the usufruct. It takes the thereon (2 PARAS, supra at 616); -
place of a bond or security“and.is: ‘based on . ii. He -cannot collect credits that have
necessity and humanity (/d.). of + matured, nor invest them unless the
Court or the naked owner consents
NOTE: In this kind of usufruct, the {CIVIL CODE, Art. 699);
usufructuary has no right to alienate his iv. But the usufructuary can alienate his
usufructuary right or lease the same for that right to the usufruct. The grantee may
would mean that he does not need the house possess the same from the moment he
or the furniture or the implements (/d.). gives security (2-PARAS, supra at 616).
Requisites Before Caucion Juratoria is NOTE: If the movable be sold, the cash
Allowed: (PANS) belongs to the naked owner, but the interest
i. Proper court petition; thereon (6% per annum) belongs to the
ii. Approval of the court; usufructuary {(Id.).
iii. Necessity for delivery of furniture,
implements or house included in the OBLIGATIONS OF THE USUFRUCTUARY
usufruct; and DURING THE USUFRUCT
iv. Sworn promise (/d.). 1. To take care of the property as a good
father of a family (CIVIL CODE, Art. 589);
Retroactive Effect of Security
The usufructuary shall take care of the things
After the security has been given by the
given in usufruct as a good father of a family
usufructuary, he shall have a richt to all the
(CIVIL CODE, Art. 589).
proceeds and benefits from the day on which, in
26 LE,
MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center
Effect of Bad Use of the Property Held in 3. To notify the owner of urgent extra-
Usufruct (CIVIL CODE, Art. 610): ordinary repairs (CIVIL CODL, Art. 593);
a. If bad use does not cause considerable injury Extraordinary repairs shall be at the expense of
to the naked owner, usufruct continues, and the owner. The naufructuary is obliged to notify
the naked owner cannot demand the owner when the need for such repairs | urgent
administration by himself. (CIVIL CODE, Art. 593).
b. If bad use causes considerable injury to the
naked owner, usufruct continues but the Kinds of extra-ordinary repairs:
naked owner can demand delivery to and a. Those caused by natural use but not needed
administration by him, but he wili be obliged for preservation.
10 pay net proceeds to the usufructuary (2 i. The naked owner should be held liable,
PARAS, supra at 646). whether or not he is notified by the
usufructuary. -
Being merely an administrator, he cannot sell or ii. The law does not require the naked
alienate the right to the usufruct, though he may owner to make them; what is important is
still alienate the property, without prejudice to the that he will bear the expenses made by
usufruct (Id. at 647). the usufructuary (2 PARAS, supra at
NOTE: The Court will determine whether or not 624).
there is considerable injury to the naked owner (4 b. Those caused by abnormal or exceptional
MANRESA, supra at 548-549 as cited in 2 circumstances and needed for
PARAS, supra at 647). preservation.
i. The naked owner shall be held liable.
To make ordinary repairs (CIVIL CODE, Art. ii. The usufructuary is allowed to make
592, Par.1); them, with the right to get the increase in
The usufructuary is obliged to make the ordinary value and the right of retention (until
repairs needed by the thing given in usufruct __ paid) at the termination of the usufruct,
(CIVIL CODE, Art. 592, Par. 1). “provided that there was notification by
thg=usufructuary and failure to repair by
Ordinary repairs are understood such as are’ the naked owner (/d.).
required by the wear and tear due to the natural ¢. Those caused by abnormat or exceptional
use of thing and are indispensable” for its circumstanges but are not needed for
preservation (CIVIL CODE, Art. 592, Par. 2). preservation.
: ed owner is responsible.
For the usufructuary to be responsible for : stifructuary cannot compel the
ordinary repairs, the following must concur: naked owner to make such repairs and
(NPOF) he is not allowed to make. them even if ne
a. They are required by the wear and {ear due the naked owner has failed to make them 5
ao mat
to the Normal or natural use of the thing; (1dl.).
b. They are indispensable for Preservation;
¢. They must have Occurred during the 4. To answer for the acts of the substitute
. existence of the usufruct; and (CIVIL CODE, Art. 590) without prejudice LQ
d. They must have happened with or without the ( »
to his right of action against latter; Q.
Fault of the usufructuary (2 PARAS, supra at ‘A usufructuary who alienates or leases his right
622). of usufruct shall answer for any damage which
the things in usufruct may suffer through the fault
NOTE: If naked owner had demanded the repair, or negligence of the person who substitutes him
and the usufructuary still fails to do so, the owner (CIVIL CODE, Art. 590).
may make them (personally or through another)
at the expense of the usufructuary (CIVIL CODE, REASON: It is the duty of the usufructuary to
Art. 592, Par.2). preserve the form and substance of the thing in
usufruct (DE LEON, Mroperty supra at 455).
Exemption from the duty to make or pay for
the necessary repairs by renouncing the NOTE: Even when there is a sub-usufructuary, it
usufruct: is still the usufructuary who answers to the naked
a. If the usufructuary had no faull, he can owner for ordinary repairs, taxes on the fruits, otc.
renounce, but he must surrender the fruits (2 PARAS, supra at 619).
received.
b. If he had fault, he cannot renounce. He would
still be liable for damages (2 PARAS, supra
at 622).
PROPERTY
Civil Law
5. To replace with the young thereof 7. To pay annual taxes and charges and of
animals that die or are lost from natural those considered as a lien on the fruits
causes or due to rapacity of beasts or (CIVIL CODE, Art. 596);
prey when the usufruct is constituted on The payment of annual charges and taxes and of
flock or herd of livestock (CIVIL CODE, Art. those considered as a lien on the fruits, shall be
591); at the expense of the usufructuary for all the time
If the usufruct be constituted on a flock or herd of that the usufruct lasts (CIVIL CODE, Art. 596).
livestock, the usufructuary shall be obliged to
replace with the young thereof the animals that CHARGES OR TAXES TO BE PAID
die each year from natural causes or are lost due
to the rapacity of beasts of prey (CIVIL CODE,
Art. 597).
Expenses Vl
affecting the
REASON: This obligation is related to the need fruits
to preserve the form and substance of the
animals. i.e., the same number and condition (DE Land taxes wi]
LEON, Properly, supra at 484).
Taxes levied | [A
NOTE: Sterile animals cannot be replaced and on the capital
shall be treated as fungible (CIVIL CODE, Art.
591, Par. 4).
What -Charges or Taxes the Usufructuary
: Most Pay:
(For further discussion, see the: section. on
The annual charges (in the fruits);
Special Usufructs, particulary on Art. 587).
b “The.annuaktaxes on the fruits; and
c.” Thegretically;, annual taxes on the land
To permit works and’ improvements by {including reaf estate tax) should also be paid
the naked owner not prejudicial to the by the usufructuary (2 PARAS, supra at 626-.
usufruct (CIVIL CODE, Art. 595); 627).
The owner may construct any; works and make
any improvements of which. the immovable. in NOTE: A real property tax, being a burden upon
usufruct is susceptible, or"'make new plantings the capital, should: be paid by the owner of the
thereon if it be rural, provided that such acts do land,” and not. by. a usufructuary (Board of
not cause a diminution in the value of the usufruct Assessment Appeals of Zamboanga del Sur v.
or prejudice the rights of the usufructuary (CIVIL ‘Safnar Mining Company, G.R. No. L[-28034,
CODE, Art. 595). February27, 1971).
Although the property is in the possession of the Other Charges on the Fruits the Usufructuary
usufructuary, the naked owner'may still— * Must Pay:
a. Construct works; a.. “Ordinary repairs; and
b. Make improvements; and b." Necessary cultivation expenses (2 PARAS,
c. Make new plantings (if rural) "supra at 621).
Provided: To pay interest on taxes on capital paid
a. The value of the usufruct is not diminished; by the naked owner (CIVIL CODE, Art.
or 597),
b. The right of the usufructuary is not prejudiced The taxes which, during the usufruct, may be
(CIVIL CODE, Art. 595).
imposed directly on the capital, shall be at the
expense of the owner. .
Effect of Increase in the Value of the Usufruct
a. The usufructuary’s profits will increase (for he
If the latter has paid them, the usufructuary shall
will be entitied to the use and profits thereof);
pay him the proper interest on the sums which
b. The usufructuary does not have to pay legal
may have been paid in that character; and, if the
interest on the improvement {2 PARAS,
said sums have been advanced by the
Supra at 619).
usufructuary, he shall recover the amount thereof
at the termination of the usufruct (C/VIL CODE,
Art. 597).
MEMORY AID
San 8eca University Collage of Law - RGCT Rar Operations Canter
The naked owner pays for the taxes imposed the rights of ownership, and he shall be liable
directly on the capital provided they are not should he not do so, for damages, as if they had
annual (2 PARAS, supra at 626). been caused through his own fault (CIVIL CODE,
Art. 601).
Rules regarding payment of interest on taxes 12. To pay for court expenses and costs
on capital:
regarding usufruct (CIVIL CODE, Art
a. If paid by the naked owner, he can demand
602).
legal interest on the sum paid (CIVIL CODE,
The expenses, costs, and liabilities in suits
Art. 597, Par. 2);
brought with regard to the usufruct shall be borne
b. if advanced (in the meantime) by the
by the usufructuary (CIVIL CODE, Art. 602).
usufructuary, said usufructuary —
i. Should be reimbursed the amount paid
This article particularly applies only when the
without legal interest.
usufructuary has lost the case (2 PARAS, supra
ii. Is entitled to retention until paid (CIVIL at 626).
CODE, Art. 612).
NOTE: Since the expenses, costs and liabilities
To pay debts when the usufruct is mentioned are incurred in connection with
constituted on the whole patrimony litigation over the possession, use and enjoyment
(CIVIL CODE, Art. 598); ©” the thing in usufruct affecting the rights of the
NOTE: See discussion on Special Usufructs, syfructuary, itis just that they are borne by him.
particularly on Art. 598. of Cadrse, if the litigation involves only the naked
ownership, the owner should assume them (DE
10. To secure the naked owner's or court's LEON, Property, supra at 492).
approval to collect credits in certair
cases (CIVIL CODE, Art. 599); OBLIGATIONS AT THE TERMINATION
The usufructuary may claim any matured creads ~OF THE USUFRUCT: (RPI)
which form a part of the usufruct if he has given
1. To Return:the thing in usufruct to the owner
or gives the proper security. If (1).he has been
excused from giving security or unless thereis a right of retention (CIVIL CODE,
{2) has.pot been Att. 612);
able to give it, (3) or if that given is. not siifficient,
To Pay legal interest on the amount spent by the
he shall need the authorization of the owner, or owner for extraordinary repairs or taxes on the
of the court in default thereof, to collect such
capital {cL CODE, Arts. 594 and 537); and
credit (CIVIL CODE, Art. 599).
To Indemni the owner for any losses due to his
negligence or of his transferees (CIVIL CODE,
Rules:
a. If the wusufructuary has given security,
Arts. 589 and 590). Im
collection and investment can -be done
=
or
a
without the approval or the court or of the niobate
naked owner. Lu
b. If he has not given security, or when he is RIGHTS AND “Qe
exempted or when there was only a caucion OBLIGATIONS OF THE Qo.
Juratoria, collection and investment can be =
done only with the approval of the court or NAKED OWNER a
the naked owner.
(ARTS. 603-612)
1.) if the successive usufructs were
constituted by virtue of a donation,
all the donee-usufructuaries must be
living at the time of the constitution-
donation of the usufruct (CIVIL
SUMMARY OF EXTINGUISHMENT. OF CODE, Art. 756).
USUFRUCT: 2). Jf the successive usufructs were
- Canstituted by virtuc of a last will,
Usufruct is extinguished: (DEM- RTT: oy
there should be only 2 successive
1. By the Death of the usufructuary; unless a usufructuaries; and both must have
contrary intention clearly appears,
. been alive at the time of the
2. By the Expiration of the period for which it was
“testator's death (CIVIL CODE, Arts.
constituted, or by the fulfillment 6f any resolutory
863 and 869; 2 PARAS, supra at
condition provided” in the” tile creating the
647-648].
usufruct;
C3 By Merger of the usufruct and ownership in the
NOTE: The owner of the property imposed
same person;
“as condition for the continuation of the
4. By Renunciation of the ssuffuchary; SE
usufruct over the property by his king that
5. By the Total loss of the thing in usufruct;;
they should maintain an atmosphere of
6 By the Termination of the right of the ‘person
~ coopération, live in harmony and avoid
constituting the usufruct; or,
bickering. There was a continuing animosity
7. By Prescription (CIVIL CODE, Ar. 603).
among the kins, hence, it is a ground for
termination of the usufruct. The deterioration
MODES OF EXTINGUISHMENT | OF of the relations of the kins to an almost
USUFRUCT: (DEM-RTT-PO) (CIVIt. CODE, ..-itretrisvable level is a good reason for the
Art. 603): ee termination of the usufruct (Moralidad v.
1. Death of the usufructuary. Pernes, G.R. No, 152809, August 3, 2006).
GENERAL RULE: Death of the usufructuary
generally ends the usufruct. b. In case there is a period fixed based on the
number of years that would elapse before a
This is true even if a resolutory condition or period personwould reach a certain age, unless the
has been stipulated and death occurs before the period was expressly granted only in
consideration of the existence of such
expiration of the period or fulfillment of the
person, in which case it ends at the death of
condition (DE LEON, Property, supra at 465).
said person (CIVIL CODE, Art. 606); and
c. In case the contrary intention clearly appears
NOTE: It is the death of the usufructuary which
generally results in the termination of the (4 MANRESA 525-528 as cited in 2 PARAS,
usufruct: Hence, the death of the naked owner supra at 635).
will not extinguish the usufruct unless the parties
expressly so stipulate (RABUYA, Property, supra Expiration of the period or fulfillment of
at 497). the resolutory condition.
If the usufructuary is a juridical person, the term
should not exceed 50 years (C!VIL CODE, Art.
605):
PROPERTY
Civil Law
(ARTS. 603-612)
1.) if the successive usufructs were
constituted by virtue of a donation,
all the donee-usufructuaries must be
living at the time of the constitution-
donation of the usufruct (CIVIL
SUMMARY OF EXTINGUISHMENT. OF CODE, Art. 756).
USUFRUCT: 2). Jf the successive usufructs were
- Canstituted by virtuc of a last will,
Usufruct is extinguished: (DEM- RTT: oy
there should be only 2 successive
1. By the Death of the usufructuary; unless a usufructuaries; and both must have
contrary intention clearly appears,
. been alive at the time of the
2. By the Expiration of the period for which it was
“testator's death (CIVIL CODE, Arts.
constituted, or by the fulfillment 6f any resolutory
863 and 869; 2 PARAS, supra at
condition provided” in the” tile creating the
647-648].
usufruct;
C3 By Merger of the usufruct and ownership in the
NOTE: The owner of the property imposed
same person;
“as condition for the continuation of the
4. By Renunciation of the ssuffuchary; SE
usufruct over the property by his king that
5. By the Total loss of the thing in usufruct;;
they should maintain an atmosphere of
6 By the Termination of the right of the ‘person
~ coopération, live in harmony and avoid
constituting the usufruct; or,
bickering. There was a continuing animosity
7. By Prescription (CIVIL CODE, Ar. 603).
among the kins, hence, it is a ground for
termination of the usufruct. The deterioration
MODES OF EXTINGUISHMENT | OF of the relations of the kins to an almost
USUFRUCT: (DEM-RTT-PO) (CIVIt. CODE, ..-itretrisvable level is a good reason for the
Art. 603): ee termination of the usufruct (Moralidad v.
1. Death of the usufructuary. Pernes, G.R. No, 152809, August 3, 2006).
GENERAL RULE: Death of the usufructuary
generally ends the usufruct. b. In case there is a period fixed based on the
number of years that would elapse before a
This is true even if a resolutory condition or period personwould reach a certain age, unless the
has been stipulated and death occurs before the period was expressly granted only in
consideration of the existence of such
expiration of the period or fulfillment of the
person, in which case it ends at the death of
condition (DE LEON, Property, supra at 465).
said person (CIVIL CODE, Art. 606); and
c. In case the contrary intention clearly appears
NOTE: It is the death of the usufructuary which
generally results in the termination of the (4 MANRESA 525-528 as cited in 2 PARAS,
usufruct: Hence, the death of the naked owner supra at 635).
will not extinguish the usufruct unless the parties
expressly so stipulate (RABUYA, Property, supra Expiration of the period or fulfillment of
at 497). the resolutory condition.
If the usufructuary is a juridical person, the term
should not exceed 50 years (C!VIL CODE, Art.
605):
MEMORY AID
San Beda University Cotfege of Law ~ RGCT Bar Operations Center
Premature abandonment or dissolution of the the indemnity given to him, the usufruct being
juridical entity extinguishes the usufruct (C/VIL totally extinguished.
CODE, Art. 605). c. If the usufructuary alone was given the
indemnity, he must give it to the naked owner
3. Merger of the usufruct and ownership in and compel the latter to return either the
the same person. interest or to replace the property. He may
lakes piace when the rights of usufruct and even deduct the interest himself, if the naked
owner are acquired by one and the same person owner fails to object (2 PARAS, supra at 645
who becomes the absoluie owner of the property - 646).
(DE LEON, Property, supra at 467).
NOTE: A usufruct is not extinguished by bad use
IHustration: H was the usufructuary of land of the thing held in usufruct (RABUYA, Property,
owned by X. X died, ieaving in his will, the naked supra at 500).
ownership of the land to H. The usufruct is
extinguished because now, H is both the naked 6. Termination of right of the person
owner and the usufructuary (2 PARAS, supra at constituting the usufruct.
629). The termination refers to the right of the person
constituting the usufruct, not to a condition
4. Renunciation of the usufructuary. imposed upon the usufruct itself. Thus, if a
The surrender of the rights as usufructuary refers person constituted the usufruct with the belief
to a voluntary surrender of the very rights which that he was the owner but was later defeated in
the usufructuary has, made by him with the intent an action concerning its ownership, it follows that
to so surrender them (City of Manila v. Monte de the usufrugt must also terminate (DE LEON,
Piedad, G.R. No. 1975, Nov. 10, 1905). : Property, supra at 497).
Servient Estate
Right enjoyed by one. Burden imposed upon
That which is subjected to easement {CIVIL
the other.
CODE, Art. 613).
(id. at 651; RABUYA, Properly, supra at 502).
it is inseparable from the estate to which
NOTE: As used in the Civil Code, easement is it is attached, and, therefore, cannot be
equivalent to servitude (2 PARAS, supra at 650).
alienated or mortgaged independently of the
estate (CIVIL CODE, Art 617);
CHARACTERISTICS:
1. Itis a real right but will affect third persons
only when duly registered;
MEMORY
San Boda University Colieaa of Law - RGCT
AID Sar Operations Center
SUMMARY © OF EASEMENT
Real right, whether Real right only when it is
CLASSIFICATION
1.:%* As to Recipient of Benefit:
registered or not. registered, or when its
ai: Real/Predial; or
subject matter is real
b. Personal
property and the
2. As to Source:
duration exceeds one
a. Voluntary;
year
b. Legal; or
c. Mixed.
3. As to Exercise
Imposed only on real May involve either real a. Continuous; or
property. or personal property b. Discontinuous.
4. As to indication of their existence
a. Apparent; or
b. Non-apparent.
There is a limited right Limited right to both the 5. As to the Duty of the Servient Estate
to the use of real possession and use of a. Positive; or
property of another but another's property. b. Negative.
without the right of 6. As to the Right Given
| Possession. Partial use of servient estate;
cow
Particination
cia in ownership;
Prevention of servient estate from performing
a specific act of ownership; or
d. Acquisition of specific materials or objects
from the servient estate.
PROPERTY
Civil Law
2. As to its source:
NOTE: WHen the court says that an
gasement “exists, it is not creating one
a. Voluntary — when the casement is thence, there are no judicial easements). It
established by the will or agreement of the merely declares the existence of an
parties or by a testator (CIVIL CODE, Art.
.-gasement created by law or by the parties or
619; 2 PARAS, supra at 658),
testator (La Vista Association, Inc. v. CA,
G.R. No: 95252, September 5, 1997}.
Note: Voluntary easements must be
recorded in the Registry of Property to
4. As to the indication of their existence:
prejudice third persons (CIVIL CODE, Art.
a. Apparent Easements — those which are
708).
made known and are continually kept in view
by external signs that reveal the use and
Legal — when it is imposed by law either, for
public use or in the interest of private persons
enjoyment of the same (CIVIL CODE, An.
615).
(CIVIL CODE, Art. 619; 2 PARAS, supra at
658); and
Example: Easement of aqueduct, the
easement of aqueduct is always apparent,
Mixed — when it is created partly by will or
whether or not it can be seen (CIVIL CODE,
agreement and partly by law (CIVIL CODE,
Art. 546).
Art. 619; 2 PARAS, supra at 658).
NOTE: The mark or sign need not be seen
3. As to its exercise:
but should be susceptible of being seen (DE
a: Continuous Easements. — those the use of
LEON, Property, supra at 486).
which are or may be, incessant without the
202521 Ed
MEMORY AID
San Bada University Coliege of Law - RGCT Bar Operations Center
b. Negative — one which prohibits the owner of NOTE: The following easements may be
the servient estate from doing something acquired only by title:
which he could lawfully do if the easement a. Continuous non-apparent easements;
did not exist (CIVIL CODE, Art. 616). b. Discontinuous apparent easements; and
c. Discontinuous non-apparent easements
Example: Easement of light and view .if (id.).
made on one’s own wall and the wall does
not extend over the property of another (DE C2 By Prescription of 10 years irrespective of
LEON, Property, supra at 488) the good:or bad faith of the possessor and
whether or not he has just title. The only
6. As to the right given: : requirement is adverse possession.
a. Rightto partially use the servient estate;
NOTE:¢ Only continuous and apparent
Example: Right of way easements can be acquired by prescription
(CIVIL CODE, Att. 620). They are the only ones
b. Right to get specific materials or-objects from on zof which fulfills two important
the servient estate; fred by law for prescription, to wit:
that the possession be public and continuous.
Example: Easement of drawing water >
c. Right to participate in ownership: or
Positive servitude — computed from the day
Which the owner of the dominant estate,
=fm
or the person who may have made use of the w-
Example: Easement of party wall easement, commenced to exercise it upon a,
the servient estate (C/VIL CODE, Art. 621). o
d. Right to impede or prevent the neighboring fe
estate from performing a specific act of b. Negative servitude — computed from the Be
ownership day on which the owner of the dominant
estate forbade, by an instrument
Example: Easement of intermediate distances acknowledged before a notary public, the
as when the servient estate cannot plant trees owner of the servient estate, from executing
without .observing certain distances (2 PARAS, an act which would be lawful without the
Supra at 657-658). easement (CIVIL. CODE, Art. 621).
3. By Deed of recognition
The absence of document or proof showing origin
of an- easement which cannot be acquired by
PROPERTY
Civil Law
prescription may be cured by a deed af (Resoime v. Lazo, G.R. No. L-8654, March
recognition by the owner of the servient estate or 30, 1914);
by final judgment (CIVIL CODE, Art. 623).
¢. To Renounce totally the easement if he
Easement exists even if acquired by oral contract desires to exempt himself from contribution
or by virtue of some document that has been lost to necessary expenses (CIVIL CODE. Art.
(DE LEON, Property, supra at 496). 628; 2 PARAS, supra at 675); and
By Final judgment
NOTE: If the owner of the servient estate refuses d. To Exercise all the rights necessary for the
10 execute the deed of recognition, the court may, use of the easement (CIVIL CODE, Ant. 625).
in its judgment, declare the existence of the
easement (Id. at 492). NOTE: If there be several owners of
dominant estate, expenses that will be
By Apparent sign established by the owner incurred in making the work shall be borne in
of two adjoining estates, unless at the time by ali in proportion to the benefits which each
may derive therefrom (RABUYA, Property,
the ownership of the two estates is divided:
supra at 530).
a. There are contrary stipulations in the title of
conveyance of either of them, or
b. The sign is removed before the execution of OBLIGATIONS OF PARTIES
the deed (CIVIL CODE, Art. 624), 1. Obligations of a dominant owner:
(ABOUNCE)
a. He cannot Alter the easement or render it
RIGHTS AND
more burdenscme (CIVIL CODE, Art. 627);
Bb. He cannot use the easement except for the
~ OBLIGATIONS OF THE, Benefit” of the immovable originally
contemplated (CIVIL CODE, Art. 626),
PARTIES TO EASEMENTS c. He cannot exercise the
Other manner than
easement in any
that previously
(ARTS. 627-630) established (CIVIL CODE, Art. 626);
d. He may. make any works or construct
anything.which is. necessary for the Use and
© preservationof the servitude (CIVIL CODE,
PARTIES: Art 627, Par. 1);
1. Dominant owner e. He shall Notity the servient owner of works
The owner of the immovable in favor of which the necessary for the use and preservation of the
easement is established (CIVIL CODE; Ant. 613). servitude (CIVIL CODE, Ant. 627, Par. 2),
f. © He must Choose the most convenient time
Servient owner and manner in making the necessary works
The owner of the immovable whose property is as’ to cause the least inconvenience to the
subject to easement for the benefit of the servient owner (CIVIL CODE, Art. 627, Par.
dominant owner (CIVIL CODE, Art. 613). 2); and
g. ‘He must contribute to the necessary
Expenses if there are several dominant
RIGHTS OF PARTIES: estates (CIVIL CODE, Art. 628, Par. 1).
1. Rights of a dominant owner: (MARE)
a. To Make on the servient estate all the works NOTE: He may only exercise rights
necessary for the use and preservation of the necessary for use of easement (DE LEON,
servitude, provided: Property, supra at 500).
i. This must be at his own expense;
ii. He must notify the servient owner; OBLIGATIONS OF A SERVIENT OWNER:
ii. Select most convenient time and manner
(ICoRP)
80 as to cause the least inconvenience to
a. He cannot Impair the use of the easement
the servient owner; and
(CIVIL CODE, Art. 629, par. 1},
iv. He must not alter the easement nor
b. Contribute to the necessary expenses in
render it more burdensome (CIVIL
case he uses the easement, unless there is
CODE, Art. 627). an agreement to the contrary (CIVIL CODE,
Art. 628, Par. 2},
b. To Ask for mandatory injunction to prevent
impairment of his use of the easement
MEMORY AID
San edu University College of Law - RGCT Bar Operations Center
the use of the servient estate is continued by c. Easement on Riparian property (CIVIL
operation of law {Tanedo v. Hon. Bernad, G.R. CODE, Art. 838; P.D. No. 1067, Art. 51);
No. 66520, August 30, 1988). d. Easement of Aqueduct (CIVIL CODE, Ar.
642-646); and
OTHER CAUSES FOR EXTINGUISHMENT e. Easement for Drawing water (CIVIL CODE,
OF EASEMENT © Art. 640 and 641).
Easement of Right of way (CIVIL CODE, Art. 649-
1. Registration of the servient estate as free, i.e.,
657);
although the servient estate was registered under Easement of Party wall (CIVIL CODE, Art. 658-
the Torrens system, the easement thereon was 666),
not registered, unless there is a stipulation or
Easement of Light and view (CIVIL CODE; An.
actual knowledge of the existence of easement
€67-673);
on the part of the transferee (Cid v. Irene P.
Easement of Drainage of buildings (CIVIL. CODE,
Javier, G.R. No. L-14116, June 30, 1960),
Art. 674-676);
Easement of Distances (CIVIL CODE, Art. 677-
2. Inthe case of the legal easement of right of way,
681);
the opening of an adequate outlet to the highway
Easement of Nuisance (C/VIl. CODE, Art. 682-
extinguishes the easement, if the servient owner
683); and
. makes a demand for such extinguishment (C/VIL
Easement of lateral and subjacent Support
CODE, Art. 655).
(CIVIL CODE, Art. 684-687).
EASEMENT OF DRAINAGE OF
LEGAL EASEMENTS WATERS
(ARTS. 634-687) NOTE: Art. "637 of the Civil Code has already
been superseded by Art. 50 of the Water Code.
2. Private legal easements . . Neither can the owner of the higher estate make
— Those for the interest of private persons or for works: which will increase this natural flow (DE
private use and governed LEON, Property, supra at 515).
a. Primarily by the agreement of the interested
parties; Right of higher estate to drain water
b. In the absence thereof, by the provisions of The owner of the higher estate has the right to
general or local laws and ordinances; and employ artificial means to drain water from higher
c. In default of (a) and (b), by Articles 634-687 to lower land provided that:
of the Civil Code (DE LEON, Property, supra a. He shall select the routes and methods that
at 514). will cause the minimum damage to the lower
lands; and
hb. Pay just compensation (WATER CODE, Art.
CLASSES OF PRIVATE LEGAL
46).
EASEMENTS: (WaR-PalL- DraDiNuSu)
1. Easement relating to Waters (CIVIL CODE, Art. NOTE: Water right, such as the right to use a
637-648): (DARAD) drainage ditch for irrigation purposes, which are
a. Easement of Drainage of waters (CIVIL appurtenant to a parcel of land, pass with
CODE, Ant. 637; P.D. No. 1067, otherwise conveyance of the land, although not specifically
known as Water Code of the Philippines, Art. mentioned in the conveyance (Vaiisno v. -
50 (hereinafter WATER CODE]), Adriano, G.R: No, L-37409, May 23, 1988).
b. Easement of Abutment of dam (C/VIL CODE,
Art. 639);
ZOE Estdios,
MEMORY AID
San Boda University Collage of Law ~ RGCT Bar Gperations Center
aoe
naturally and without the intervention of man The person to construct it is Not the owner of
descend from higher states. However, where the banks or lots which must support it; and
the waters which flow from a higher state are e. He must Seek the permission of the owner,
those which are artificially collected in man- and in case of the latter's refusal, he must
made lagoons, any damage occasioned secure authority from the proper
thereby entities the owner of the lower or .. administrative agency.
servient estate to compensation. (Remman
‘Enterprises Inc. v. CA, G.R. No. 125018, April 6, if the construction of the dam is unauthorized, it
20005. can be considered a private nuisance; thus, it can
be lawfully removed (DE LEON, Property, supra
EASEMENT ON RIPARIAN at 51 7 :
PROPERTY
NOTE: Art. 638, Par. 1 of the Civil Codé has been
EASEMENT ‘FOR DRAWING WATER
modified by Art. 57 of the Water Codé.: Article 51 z TERING ANIMALS (CIVIL
of the Water Code states that the banks of rivers CODE, Arts. 640 and 641)"
and streams and the shores of the seas and lakes Compulsory easements for drawing water or for
throughout their entire length and within a zone aléring animals can be imposed only for
of three (3) meters in urban areas; twenty (20) reasons of public use in favor of a town or village,
meters in agricultural areas, and forty (40) after payment of the proper indemnity (CIVIL
meters in forest areas along their margins are CODE, Art. 640).
subject to the easement of public use in the
interest of recreation, navigation, floatage, fishing Requisites: (WIFIS)
and salvage. a. The right of Way should have a maximum
width of 10 meters (4 MANRESA, supra at
Limitation: No person shall be allowed to stay in 722-723);
this zone longer than what is necessary for b. Must be Imposed for reasons of public use;
recreation, navigation, floatage, fishing or ¢. Must be in Favor of a town or village;
salvage ‘or to build structures of any kind d. Indemnity must-be paid; and
(WATER CODE, Art. 51).
NOTE: The indemnity for easement of right
Real Party in Interest of way must also be included, because the
The proper party entitled to institute a case with casement for drawing water carries with it the
respect to the 3-meter strip/zone of Mahabany easement of right of way (RABUYA,
llog Creek was the Republic of the Philippines Property, supra at 539).
through the OSG and the local government of
Las Pinas City and not the subdivision deveioper e. Must be Sought not by one individual, but by
(Pilar Development Corp. v. Dumadag, G.R. No. the town or village, through its legal
194336, March 11, 2013). representation (4 MANRESA, supra at 722-
723).
PROPERTY
Civil Law
this rule, where the distance from the Where the Buyer's Land is Enclosed
dominant estate to the public highway Whenever a piece of land acquired by sale,
may be the shortest (DE LEON, exchange, or partition is surrounded by other
Property, supra at 512-522). estates of the vendor, exchanger, or co-owner,
he shall be obliged to grant a right of way without
The following are the requisites in order that the indemnity (CIVIL CODE, Art. 652).
dominant estate may validly claim a compulsory
permanent right of way under Articles 649 and NOTE: In case of simple donation, the donor
650 of the Civil Code (1) the dominant estate is shall be indemnified by the donee for the
surrounded by other immovables; (2) it is without establishment of the right of way (CIVIL CODE,
adequate outlet to a public highway: (3) after the Art. 652).
proper indemnity has been paid; (4) the isolation
was not due to the proprietor of the dominant Where the Seller's Land is Enclosed
- estate's own acts; (5) the right of way claimed is If itis the land of the grantor (seller, barterer or
at a point least prejudicial to the servient estate; co-owner) that becomes isolated, he may
and (6) the right of way must be absolutely demand a right of way after paying an indemnity.
necessary for the normal enjoyment of the However, the donor shall not be liable for
dominant estate by its owner (AMA Land Inc. vs. indemnity (CIVIL CODE, Art. 653).
. Wack Wack Residents’ Association inc., G.R.
No. 202342, July 19, 2017). Rules if Grantor's or Grantee's Land is
Enclosed (CIVIL CODE, Arts. 652 and 653)
GENERAL RULE: The least prejudice criterion a. [Ifthe enclosing estate is that of the grantor
and the shortest distance criterion must concur (seller, barterer, or co-owner but not donor),
(Calimoso v. Roullo, G.R. No. 198594, January [ the grantee does not pay indemnity for the
25, 2016). easement.
if thetenclosed estate is that of the grantor,
EXCEPTION: If the two criteria do not congur, the Hie grantor must pay indemnity (2 PARAS,
criterion of least prejudice to the servient estate f 7
must prevail over the criterion’ of .shortest
distance (Calimoso v. Roullo, GR No. 198594, Width of the Easement
January 25, 2016). . The width of the easement of right of way shall
be that which is sufficient for the needs of the
NOTE: The easement of right of way cannot be i state, and may accordingly be
acquired by prescription; because it . is me to time (CIVIL CODE, An.
discontinuous or intermittent (Ronguilio-v. Roco;
G.R. No. L-10619, February 28;.1958). On the
other hand, an easement of light and view tan be ls may be modified from time to time depending
acquired through prescription counting from the onthe reasonable needs of the dominant
time when the owner of the dominant estate estate (2 PARAS, supra at 710).
formally prohibits the adjoining lot owner from
blocking the view of a window located within the The right of way for cattle should not be more
dominant estate (Aloline v. Flores, G.R. No. than 10 meters wide unless a greater width was
198774, April 04, 2016). a vested right under laws prior to the Civil Code
of 1889 (CIVIL. CODE, Art. 657).
Burden of Proof
The burden of proving the existence of the Q: Tomas Encarnacion's 3,000 square meter
prerequisites to validly claim a compulsory right parcel of land, where he has a plant nursery, is
of way lies in the owner of the dominant estate located just behind Aniceta Magsino's two-
(Costabella Corp. v. CA, G.R. No. 80511, hectare parcel land. To enable Tomas lo have
January 25, 1991). access to the highway, Anicela agreed to grant
him a road right of way a meter wide through
Adequacy Test which he could pass. Through the years Tomas’
The true standard for the grant of the legal right business flourished which enabled him to buy
of easement of right of way is adequacy. If there another portion which enlarged the area of his
is alieady an existing outlet from the dominant plant nursery. But he was still landlocked. He
estate to a public highway, even if inconvenient, could not bring in and out of his plant nursery a
the need to open another is unjustified (Dichoso jeep or delivery panel much less a truck that he
v. Marcos, G.R. No. 180282, April 11, 2011). needed to transport his seedlings. He now asked
Aniceta to grant him a wider portion of her
property, the price of which he was wiling to pay,
PROPERTY
Civil Law
to enable him to construct a road to have access NOTE: “Indispensable” is not to be construed
literally. Causing great inconvenience is
to his plant nursery. Aniceta refused claiming that
she had already allowed him a previous road sufficient (DF LEON, Property supra at 530).
right of way. Is Tomas entitled to the easement
he now dernands from Aniceta? (BAR 1993) b. Payment of proper Indemnity to owner of the
estate for damaged caused (C/VIL CODE,
ANS: Yes. Art. 651 of the Civil Code provides that Art. 656).
the width of the easement must be sufficient to
meet the needs of the dominant estate, and may NOTE: The word “owner” comprehends the
accordingly change from time to time. It is the usufructuary who may make use of the right
need of the dominant estate which determines granted (4 MANRESA 753 as cited in DE
the width of the passage. These needs may vary LEON, supra at 520).
from time to time. As Tomas’ business grows, the
need for use of modern conveyances requires 8. EASEMENT OF RIGHT OF WAY FOR
widening of the easement. The facts show that THE PASSAGE OF LIVESTOCK OR
the need for a wider right of way arose from the SERVIDUMBRES PECUARIAS
increased production owing to tie acquisition by
Easements of the right of way for the passage of
Tomas of an additional area. Under Art. 626 of
livestock known as animal path, animal trail, or
the Civil Code, the easement can be used only
originally contemplated, any other, and those for watering places, resting
for the immovable
in width is justified and places, and animal folds shall be governed by the
Hence, the increase
ordinances and regulations relating thereto, and
should have been granted.
in.their absence, by the usages and customs of
"the place (ci CODE, Art. 657).
The facts in this case is the same as that of the
case of Encarnacion v. CA (G.R. No. 77628,"
Maximum Width:
March 11, 1991) where the Court heldthat: "To
a. Animal path - 75 meters
force Tomas to leave his jeepheyn the highway,
b. Animal trail = 3% meters and 50 centimeters
exposed to the elements and the risk of theft
c..- Cattle -,10 meters (unless prior to the Old
simply because it could not pass through the
is sieer; pigheadedness on
Civil Code: vested rights had been acquired
improvised pathway, © a greater width) (2 PARAS, supra at 714).
the part of the servient estate. Tomas should not
be denied a passageway wide enough to established is
that is NOTE: If sthe. easement
accommodate his jeepney 4 since.
compulsory; the width shall not exceed 10 meters
reasonable and necessary: ‘aspect of the. plant (DELEON; ‘Properly, supra at 531).
nursery business.”
MEMORY AID
San Beda University Cofiege of Law - RGCT Bar Operations Center
(id.).
Presumptions of Existence (Juris Tantim)
(CIVIL CODE, Arts. 659 and 661): Ditch or
_
The existence of an easement of party wall is
presumed, unless there is a title, or exterior sign,
or proof to the contrary:
Fronk View
Rebuttal of Presumption:
a. By title;
b. By proof to the contrary (Valenzuela v.
Unson, G.R. No. L-10266, Oct. 20, 1915); or
c. By exterior signs to the contrary (CIVIL
CODE, Arts. 660 and 661).
PROPERTY
Civit Law
NOTE: If one owner has signs in his favor, and I0P VEN
some against him, they generally cancel each
other, unless it can be shown from the purpose of
the wall that it had been made for the exclusive
benefit of one (PARAS, Property, supra at 710-
711).
a. Whenever in the dividing wall of buildings d. Whenever the dividing wall bears the burden
there is a window or opening; of the binding beams, floors and roof frame
of one of the buildings, bui not those of the
others;
wal B{in his favor)
Front View A Wail
Winugow of Opening
Property A Propanly 8
PROPERTY A
Property A Property B
(6s tks favor)
Property A
Wall
Fo
MEMORY AID
San Beda University College of Law ~ RGCT Bar Operations Center
g. Whenever lands enclosed by fences or live ii. Pay for any damage which may be
hedges adjoin others that are not enclosed; caused by the work, even though such
and damage may be temporary;
iii. Bear the costs of maintenance of the
Property portion added;
iv. Pay for the increased cost of
preservation;
v. Reconstruct if original wall cannot bear
the increased height; and
vi. Give Additional space necessary, if the
wall is to be thickened (2 PARAS, supra
at 720).
Property C
Bear the
rt, of construction; and
Give Additional land, if necessary, to
thicken the wall (CIVIL CODE, Art. 664).
No part-owner, without the consent of the others, NOTE: The non-observance of these
open through the party wall any window or distances does not give rise to prescription
aperture of any kind (CIVIL CODE, Art. 667). (CIVIL. CODE, Art. 670, Par. 3).
Effect: If the opening is done without consent, Where the Above Distances are NOT
the other co-owners may demand that what has Applicable: ’
been done be undone solely at the part-owner's a. To buildings separated by a public way ar
expense (RABUYA, Property, supra at 558). alley, which is not less than 3 meters wide
(CIVIL CODE, Art. 672);
10-Year Period of Prescription for Acquisition
of Easement of Light and View (C/VIL CODE,
Art. 668): Property A
The period of prescription for the acquisition of an
easement of light and view shall be counted:
a. Where the easement is positive (if made
nat he Public fond? Alisy
through a party wall), from the time of the
opening of the window; or }
b. Where the easement is negative (if made
through a wall on the dominant estate), from
the time of the formal prohibition upon the . Property 8
adioining owner (CIVIL CODE, Art. 666).
Rules for Regular Windows (ci CODE, All. EXCEPTION: Unless a special regulation
670): "and local ordinance provide the contrary
a. For windows having DIRECT VIEWS {face to (cv COBE, Art. 672).
face), observe at least 2 meters distance
between the wall having the windows and the b. Whenever by ‘any title {such as by contract,
boundary line. ) will, donation; ‘or prescription) a right has
been dcglired to have direct views,
Wail balconies,”"or belvederes overlooking an
Propety 8B adjoining’ property. The servient estate
cannot build thereon if the direct view is less
“than a distancéd of 3 meters from the wall
(CIVIL CODE; Art. 673); and
Property B
Dominant Estate
Property A
Servient Estate
window
1
H
33!
Pd 1 Owner cannat
build here if
1 distance Is tess
)1 than3 meters
Property A Property 8
At least 3 meters
DORYPL Eton
MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center
c. Restricted Windows, when the above b. Block the light by building or erecting his own
distances are not observed (CIVIL CODE, + wall unless a servitude is acquired by title: or
Art. 669). prescription (CIVIL CODE, Art. 669).
Remedies of the abutting owner in case of c. Easement giving outlet to rain water
restricted windows (CB): where house surrounded by other
a. Close the openings if the wall becomes a houses.
party wall; or
NOTE: This is similar to the legal easement
of right of way (2 PARAS, supra at 731).
PROPERTY
Civil Law
MEMORY AID
San Beda University Collage of Law - RGCT Bar Operations Centar
= Special Rules
Easement of Right of Way
on the Extinguishment of the
the servient estate may demand that the casement not change this. It is not the presence of apparent
be extinguished (CIVIL CODE, Art. 655, Par. 1). signs or physical indications showing the
The owner of the servient estate may likewise existence of an easement, but rather the manner
demand that the easement be extinguished in case a of exercise thereof, that categorizes such into -
new road is opened giving access to the isolated continuous or discontinuous (Bogo-Medellin
estate (CIVIL CODE, Art. 655, Par. 2). Milling Co., inc. v. CA, G.R. No. 124699, July 31,
2003).
The owner of the servient estate may demand the
extinguishment in the following instances: Like a road for the passage of vehicles or
1. The opening of a public road; or persons, an easement of right of way of railroad
2. Joining the dominant tenement to another with tracks is discontinuous because the right is
exit on a public road (2 PARAS, supra at 713). exercised only if and when a train operated by a
person passes over another's property. In other
NOTE: The opening extinguishes only compulsory words, the very exercise of the servitude
easements, not voluntary easements that are depends upon the act or intervention of man
extinguished only by mutual agreement or which is the very essence of discontinuous
renunciation by the dominant owner (Unisource Corp. easements (Bicol Agro Industrial Producers
v. Chung, G.R. No. 173252, July 17, 2009). Cooperative v. Obias, G.R. No. 172077, October
09, 2008).
In either case, the owner of the servient estate must
return what he may have received by. wdy of: ifthe owner of the servient estale demands that
indemnity (CIVIL. CODE, Art. 6565, Par~1). and the: thereasement be extinguished, he should return
public highway must substantially meet the.needs of. “what he may have received by way of indemnity;
the dominant estate in order that the easement may ‘the amount to be relurned must consist of the
be extinguished (CIVIL CODE, Art. 885, Par. 3), value of “the land occupied and the damages
caused fo the "servient estate (DE. LEON,
REQUISITES FOR.‘ THE Property, supra af 530).
EXTINGUISHMENT OF THE EASEMENT
OF A RIGHT OF WAY; (PAD)
1. The owner of the surrounded ‘estate joined it to-
another abutting on a Public road {CIVIL CODE,
VOLUNTARY
Art. 655, Par. 2) or a new road is operied giving
access to the isolated estate. (GIVIL ‘CODE, Art.
655, Par. 2); 2 Gre 688-693)
2. The new outlet is Adequate |in either case (GIviL
CODE, Art. 655, Par. 3); ang
3. The servient owner must Demand for releass of ;
his estate coupled with retim of indemnity VOLUNTARY EASEMENTS (CIVIL CODE,
received without interest (DE LEGON, Property. , ARTS. 688-693)
Supra at 529). . These are’easements constituted by will of the parties
or-of a testator.
NOTE: The interest on the indemnity shall be
deemed to be in payment of rent for the use of Every owner of a tenement or piece of land may
the easement (CIVIL CODE, Art. 655, Par, 1). establish thereon the easements which he may deem
suitable, and in the manner and form for which he
NOTE: The extinction is not automatic. There may deem best, provided he does not contravene the
must be a demand for extinction coupled with laws, public policy, or public order (CIVIL CODE, Art.
tender of indemnity by the servient owner (DE 688).
LEON, Properly, supra at 529; 2 PARAS, supra
at713). REMEDY FOR IMPAIRMENT
Ask for the destruction of such warks and the
In case of temporary or discontinuous easement,
restoration of the things to their condition before the
nothing has to be paid (DE LEON, Property,
impairment ‘was committed, with indemnity for
supra at 529).
damages suffered (3 SANCHEZ ROMAN, supra at
609).
The easement of right of way is discontinuous
because it is exercised only if a person passes or
The owner possessing capacity to encumber
sets foot on somebody else's land. The presence
property may constitute a voluntary servitude. If there
of more or less permanent railroad tracks does
MEMORY AID
Ban Beda University College of Law - RGOT Bar Operations Center
are various owners, all must consent; but consent 2: Personal servitudes: for anyone capacitated to
onee given is not revocable (Jd.). accept (CIVIL CODE, Art. 613).
MEMORY AID
San Beda University College of Lew « RGCT Bar Operations Center
MODE
This is the proximate cause of the acquisition; the
REGISTRY or actual process of acquisition or transfer of ownership
over a thing in question (3 SANCHEZ ROMAN, supra
PROPERTY ot 199-200).
(ARTS. 708-711)
TITLE
This is the remote cause of the acquisition; the
juridical justification for the acquisition or a transfer of
REGISTRATION ) ownership or other real right. (Acap v. CA, G.R. No.
It is any entry made in a book or public registry of; 118114, Becember 7, 1995).
deeds (DF LEON, Property, supra at 578). oe : :
"MODE V. TITLE
SYSTEMS OF REGISTRATION:
1." Former registration systems.” -.
a. Spanish Mortgage Law of 1893,
b. Torrens System established by :the Land
Registration Act (Act. Np: 496); and Directly; and | Serves merely to give
c. Sec. 194- Revised Administrative Code; immediately produces a { the occasion for its
= real right. _.. .|acquisition or existence.
2. Present registration | system - - - "Property ‘ ; ’ :
Registration Decree (P.D. No. 1529).
MEMORY AID
San Beda University Calfege of Law - RGCT Bar Operations Center
Requisites (ARTI):
1. Transmission should be manifested by some Act
MODES OF LOSING OWNERSHIP AND
which should be physical, symbolical or legal; OTHER REAL RIGHTS:
2. Right transmitted should have previously existed 1. Voluntary Modes
in the patrimony of the grantor; — Those that depend upon the will of the owner:
3. Transmission should be by just title; and a. Abandonment — to be valid, requires that the
4. Grantor and grantee should have Intention and holder have legal capacity and intention to
capacity to transmit and acquire (id.). renounce the right.
PROPERTY
Civil Law
an abandoned land remaining perpetually res nuliius 2. One who buys the property from the finder
and not capable of being acquired by prescription. knowing that he is buying lost property has the
Thus, it is submitted that the abandoned land duty to return although he is not the finder; ’
becomes patrimonial land of the State susceptible of 3. Thing cannot be acquired by prescription even if
acquisition through acquisitive prescription (2 extraordinary;
PARAS, supra at 792). 4. Law requires the finder to deliver the movable to
the mayor where the finding has taken place
OCCUPATION V. POSSESSION {CIVIL CODE, Ant. 719, Par. 1);
5. Abandonment must be voluntary and intentional
to be effective;
6. Ifthe owners should appear in time, he is obliged
to give the finder a 10% reward based on the sum
Mode of acquiring | Merely raises the or the price of the thing found (CIVIL CODE, Art.
ownership. presumption of 720), and
ownership when it is 7. The expenses must be reimbursed by the finder
exercised in the concept or the owner in case the latter claims the movable
of an owner. {CIVIL CODE, Art. 719, Par. 4; DE LEON,
Property, supra at 609-610).
In Sumipat v. Banga, this Court declared that title to Donations with an-onerous cause are governed
immovable property does not pass from the donor to not by the law on donations but by the rules on
MEMORY AID
San Beda University College of Law - RGCT Bar Operations Center
contracts. Hence, on the matter of prescription of vives or mortis causa depends upon the nature of the
actions for the revocation of onerous donation, it disposition made (Reyes v. Mosqueda, G.R. No.
was held that the general rules on prescription 45262, July 23, 1990).
applies (De Luna v. Abrigo, G.R. No. L-57455,
January 18, 1990). That the document in question in this case was
captioned "Donation Mortis Causa” is not controlling.
A stipulation in the donation that it was made for This Court has held that, if a donation by its terms is
and in consideration of the “love and affection inter vivos, this character is not altered by the fact that
which the donee inspires in the donor, and as an the donor styles it mortis causa (Del Rosario v.
act of liberality and generosity” is sufficient cause Ferrer, G.R. No. 187056, September 20, 2010).
for a donation (Quilala v. Alcantara, G.R. No.
132681, December 3, 2001). DONATION INTER VIVOS V. DONATION
MORTIS CAUSA
SIMPLE OR REMUNERATORY
DONATION V.
ONEROUS DONATION
shall be irrevocable and Art. 729 speaks of donations in praesenti which take
shall be respected by effect during the lifetime of the donor but the property
the surviving spouse.” shall be delivered only after the donor's death. Such
The intent to make the donations are inter vivos although the subject matter
donation irrevocable is not delivered at once, or the delivery is to be made
becomes even clearer post mortem, which is a simple matter of form and
by the proviso that a does not change the nature of the act (Vita v.
surviving donor shall Montanano G.R. No. L-50553, February 19, 1991).
respect the irrevocability
of the donation. Conditions beyond the natural expectation of life
Consequently, the of the donor
donation was in reality a The fixing of an event or the imposition of a
donation inter vivos (Del suspensive condition, which may take place beyond
Rosario v. Ferrer, G.R. the natural expectation of life of the donor, does not
No. 187056, September destroy the nature of the act as a donation infer vivos,
20, 2010). unless a contrary intention appears (CIVIL CODE,
Art. 730).
NOTE: Acceptance may be made orally or in he can give or receive by will (CIVIL CODE,
writing (DE LEON, Property, supra at 672- Art. 752); and
673). b. if the donor has no forced heirs: donation
may include all present property provided he
2. Donation of immovable property: reserves in full ownership or in usufruct:
a. Must always be in a public instrument i. The amount sufficient to support him and
specifying the property donated and the those relatives entitled to support from
burdens assumed by donee, regardless of him (CIVIL CODE, Art. 750); and
value. I. Property sufficient to pay the donor's
b. Acceptance must be either: debt contracted prior to the donation
i. Inthe same instrument; or (CIVIL CODE, Art. 759).
ii. In another public instrument, notified 10
the donor in authentic form, and noted in NOTE: Without such reservation, the
both deeds {CIVIL CODE, Art. 749). donation shall be reduced on petition of any
persons affected. Donation is still valid (DE
NOTE: Article 749 does not apply io onerous LEON, Property, supra at 685).
donations, which are governed by the rules on
obligations and contracts (CIVIL. CODE, Art. 733). The limitation applies only to simple,
remunerative, and modal donations, but not to
Expression of gratitude to the doner without express anerous ones, which are governed by the law on
acceptance was held a sufficient acceptance contracts {/d. at 686).
(Cuevas v. Cuevas G.R. No. L-8327, December 14,
1955). Donations propter nuptias cannot exceed more
than 1/5th of the present property of the future
A donation of immovable to be valid must be i a’ spouses, under a regime other than the absolute
public instrument. However, even if void, it can be the. © of property (FAMILY CODE, Art. 84).
basis of acquisitive prescription for as jong as'there
is adverse possession in the concept ofan owner
(Bautista v. Poblete, G.R. No. 141007:+,Sgplember: property (CIVIL CODE, Art. 751);
13, 2005).
Future property
it is settled that a defective notasization.will strip the Anything which, the donor cannot SEs of at
document of its public character and cedice it to a
private instrument. Article 749 “of the. Civil Coda
requires that donation of real property must be made - NOTE: Future inheritarice cannot be the object of
in a public instrument to be valid. Donation of real. donation, but present or accrued inheritance may
property is void without the formalities specified in the even if the properties have not yet been
foregoing provision. Here, the purported Deed-of- “delivered (2 PARAS, supra at 929).
Donation submitted by the City cannot be considered
a public document. While it confaing. an NOTE: Upon the death of his predecessor, the
Acknowledgment before a notary public, the same is share in an existing inheritance is present
manifestly defective as it was made neither by the property although the heir has not yet entered
alleged donors and their respective spouses, or by into possession of the same (Osorio v. Osorio,
the done (Heirs of. Mariano v. City of Naga, G.R. No. G.R. No. 16544, March 30, 1921). This is based
197743, March 12, 2018). on the principle of law that nobody can dispose of
that which does not belong to him (DE LEON,
Although the non-registration of a deed of donation Property, supra at 687).
shall not affect its validity, the necessity of registration
comes into play when the rights of third persons are . Donation should not prejudice creditors
affected (Gonzales v. CA, G.R. No. 110335, Juné 18, {CIVIL CODE, Art. 759}; and
2001).
Donee must reserve sufficient means for .
LIMITATIONS ON DONATION OF his support and for his relatives which
PROPERTY: are entitled to be supported by him (CIVIL
1. Donation may comprehend all the CODE, Art. 750).
present property of the donor, provided
that:
a. If the donor has forced heirs: he cannot
give or receive by donation more than what
PROPERTY
Civil Law
EFFECTS OF DONATION:
1. When the donation is made to several persons - NOTE: In fidei commissary substitution, a similar
jointly, it is understood to be in equal partions, limitation is imposed (See CIVIL CODE, Art. 863).
without accretion among them, unless the donor
has otherwise provided (CIVIL- CODE, Art. 753, If the property donated is immovable, the formalities
Par. 1). for donations of real property must be made in a
public instrument and complied with (CIVIL CODE,
Generally, there is no accretion. By virtue of Art. 749).
accretion, the share of the donee who dies ahead
of the donor before perfection, or who is REASON: The naked ownership and usufruct over
incapacitated, or who repudiates or refuses the real property are real properties themselves (CIVIL
donation, goes to the co-donees, provided that CODE, Art. 749).
accretion is proper (CIVIL CODE, Art. 1015).
CONVENTIONAL REVERSION
Thus, when a donation was given to A and B, and Reversion may be validly established in favor of only
the former refuses to accept, B will not get A’s the donor for any case and circumstances, but not in
share unless the donor has provided otherwise. favor of other persons unless they are all living at the
time of the donation (CIVIL CODE, Art. 757).
NOTE: There is a right of accretion in donations
made between husband and wife jointly, if the Any reversion stipulated by the donor in favor of third
contrary has not been provided by th&€ donor person’ ‘in.violation of this provision shall be void, but
(CIVIL CODE, Art. 753, Par. 2). stiall not nultify the denation (CIVIL CODE, Art. 757).
2. Donee may demand the delivery of the thing A reversion in favor of an unconceived child is void,
donated; buit'such riulfity shall-not invalidate the donation (See
CIVIL CODE; Art. 1230).
3. Donee is subrogated to ail the rights and actions
which in case of eviction would pertain to the * REASON: A reversjon is merely an accessory clause
donor (CIVIL CODE, Art. 754); 8 that may be disregarded. The nullity of the donalion
itself carries with-it that of the reversion (DE LEON,
4. Donor's warranty exists if (EPOB): Property, supra at 692).
a. Expressed
b. Donation is Propter nupfias: PAYMENT OF THE DONOR’ S DEBT BY THE
c. Donation is Qnerous; thus if’ simple or. DONEE:: F
remunerative, the donor is not liable for
1. If there is express stipulation: the donee is to
eviction or hidden defects
pay only debts contracted before the
d. Donor is in Bad faith (CIVIL CODE; Art. 754).
donation, if not otherwise specified. He shall
answer only. for the debts up to the value of the
5. In donations propter nuptias, the doror: must
property donated unless the contrary is
release the property from encumbrances, ‘except
stipulated (/d. at 693).
servitudes, .
2. If there is no stipulation:the one is answerable
DONATION WITH RESERVATIONS ON for the debts of the donor only in case of fraud
THE RIGHT TO DISPOSE against creditors (/d.).
The right to’ dispose of some of the things donated, or
of some amount which shall be a charge thereon, . The donation is always presumed to be in fraud
may be reserved by the donor. However, if he should of creditors, when at the time thereof, the donar
die without having made use of this right, the property did not reserve sufficient property to pay his
or amount reserved shall belong to the done (CIVIL debts prior to the donation. Presumption is
CODE, Art. 755). rebuttable (id.).
NOTE: If the cause or ground disappears, such Only the final word of the court of competent
as when the child dies before the action to reduce jurisdiction can conclusively settle whether
is judicially commenced, the donation should resolution is proper or not (UP v. de los Angeles,
remain valid (3 Navarro Amand; 59 as cited in 2 G.R. No. L-28602, September 29, 1970).
PARAS, supra at 949).
Rules:
Non-fulfiliment of a condition (C/ViL CODE, a. The property donated shall be returned to
Art. 764); the danar
the
donor (CIVIL
(CIV
CODE, Art.
COYNE Ard
764);
784)
The donation shall be revoked at the instance of b. Ifthe property is sold, donated or mortgaged,
the donor, when the donee fails to comply with the alienation -or encumbrance will be
any of the conditions which the former imposed considered void, unless the grantee be an
upon the latter (CIVIL CODE, Art. 764). innocent third party (CIVIL CODE, Art. 764);
PROPERTY
Civil Law
c: The actions shall prescribe after 4 years subsist. Later ones shall be void (CIVIL CODE,
from the non-compliance with the condition Art. 766).
(CIVIL CODE, Art. 764);
d. Said action may be transmitted to the heirs ingratitude of donee finds no application if the
of the donor, and may be exercised against donation is onerous (Calasan v. Donorito, G. R.
the donee’s heirs (CIVIL CODE, Art. 764); No. 171937, November 25, 2013).
and
e. The donee shall return not only the property For alienations and mortgages effected
but also the fruits thereof which he may have before notation of the complaint, the donor
received after having failed to fulfill the shall have a right to demand from the donee:
condition (CIVIL CODE, Art. 768). a. The value of the property alienated which he
cannot recover from third persons; or
Ingratitude of the Donee; b. The sum for which the same has been
Acts of ingratitude: mortgaged (CIVIL CODE, Art. 767).
a. If the donee should commit some offense
against the person, the honor or property The donee shall not return the fruits, except from
of the donor, or of his wife or children under the filing of the complaint (CIVIL CODE, Art. 768).
. his parental authority;
The action granted to the donor by reason of
NOTE: “Offense” includes both crimes and. ingratitude cannot be renounced in advance.
non-crimes; no criminal conviction’ is Said action prescribes in 1 year, to be counted
required. Mere preponderance-0f evidence: . from tfie time the donor had knowledge of the fact
would be sufficient (2 PARAS, supra at 955). “and it was-possible for him to bring the action.
Thus, if immediately after knowledge of the fact,
b. He imputes to the donor, any’ criminal -.the denaf becémes unconscious for 6 months,
offense, or any act involving moral the period of 6 months shall not be counted (DE
turpitude, even though he- should prove it, LEON, Property, Supra at 712-713).
unless the crime or the: act has been
committed against ithe donee himself, his REVOGATION _ * OF ONEROUS
wife or children under his. authority; and DONATIONS
c. He unduly refuses him:support when the
The action for -revocation of an onerous donation
donee is legally of morally bound to give -
does not. prescripe in 4 years. It is governed by the
support lo the donor (CIVIL, CODE, Art 765), law on contracts. If prescribes in 10 years (Sec. of
Education v. Heirs of Rufino Dulay, G.R. No. 164748,
NOTE: Art. 765s exclusive and must have been
January 27, 2006). .
committed by the donee personally (DE- LEON,
Property, supra at 789).
GROUNDS FOR REDUCTION OF
All crimes which affect the donor'show ingratitude DONATION: (BA2SDI)
and are causes for revocation (Sps. Edvarte v. TL “Birth, Appearance, or Adoption of a child (CIVIL
CA, G.R. No. 105944, February 9, 1996); ‘CODE, Art. 760);
Falsification of a deed of donation is an act of Failure of the donor to reserve sufficient means
ingratitude (Noceda v. CA, G.R. No. 118730, for Support of himself or dependent relatives
September 2, 1999). (CIVIL CODE, Art. 750);
Where the certificate of title was already Failure of the donor to reserve sufficient property
transferred from the name of the true owner to to pay off his existing Debts (CIVIL CODE, Art.
the forger, and while it remained that way, the 759); and
land was subsequently sold to an innocent
purchaser. For then, the vendee had the right to Inofficious, that is, the donation exceeds that
rely upon what appeared in the certificate (Sps. which the donor can give by will (CIVIL CODE,
Eduarte v. CA, G.R. No. 105944, February 9, Arts. 752 and 771).
1996). a. For purposes of reduction, the value of the
estate is that which it had, at the time of
Although the donation is revoked on account of donor's death, and at the time of the
ingratitude, the alienations and mortgages donation.
cffected before the notation of the complaint for
revocation in the Registry of Property shall
MEMORY AID
San Bada University Colisge cf Law - RGCT Bar Operations Center
Within four (4) years from birth of the | Within four (4) years from non- | Within one (1) year from the time
first child, or from his legitimation | compliance. the donor had knowledge of the
(recognition), or adoption, or from fact and it was possible for him to
judicial declaration of filiation, or from 3 bring the action.
receipt of information on existence of
the child believed dead (CIVIL CODE,
Art. 763, Par. 1)
The action is transmitted to children andj The action is transmitted’ . Generally, not transmissible, nor
descendants of donor upon his death | donor's heir and may be edisad can the action be filed against
(CIVIL CODE, Art. 763, Par. 2). against the donee’s heir (cna heirs of done (CIVIL CODE, Art.
) CODE, Art. 764). 4 770).
The property affected shall be: The property donated shall be: The property donated shal! be:
1. Returned; . Returned to, thy donor; and 1. Returned but the alienations;
2. Its value if donee has sold the same; 5 and
or arevolid, subje 27 Mortgages effected before
3. The donor may redeem the innocent third persons (CIVIL the notation of the complaint
mortgage on the property, (vith a | CODE, Art. 764 Par. 2). "for revocation in the Registry
right to recover (CIVIL CODE, Art. of Property shall subsist
762, Par. 2). (CIVIL CODE, Art. 766)
The dones shall return the fruits | The donee shall return the fruits Same in Art. 768, Par. 1.
accruing from the filing of the complaint | which he may have received after
(CIVIL CODE, Art. 768, Par. 1). having failed to fulfill the condition
: (CIVIL CODE, Art. 768, Par. 2).
PROPERTY
Civil Law
By donor: at any time Within five (5) years after The action for rescission
donor's death (CIVIL must be brought within
By those entitled to support: during donor's lifetime. CODE, Arts. 771 and four (4) years under Art.
1149) 1389
Not transmissible for right to support is personal in Transmitted to the donor's Transmitted to the
nature (FAMILY CODE, Art. 195). heirs as the donation shall creditor's heirs or
be reduced as regards the successors-in-interest
excess (CIVIL CODE, Art. (CIVIL CODE, Art. 1389).
771)
To the extent necessary to provide for support (CviL The donation takes effect Property affected shall be
CODE, Art. 750). during the lifetimé of the returned by the done for
donor subject to reduction the benefit of the creditor,
J only upon his death ‘with: subject to the rights of
regard - to: the excess innocent third persons
A (CIVIL CODE, Art. 771). (CIVIL CODE, Art. 1387).
Donee is entitled to the Donée:as owner: is -not§ Donee appropriates fruits The fruits shall be
fruits as owner of property affected by . “reduction | as owner (Civir CODE, returned if done in bad
donated (CIVIL CODE, (CIVIL CODE, Art.-i441) Art 441). faith, and if it is impossible
Art 729). butwith regard to excess, to return the property, to
he shall be Jiable.only for be held liable for damages
those accruing from” the | (CIVIL CODE Art. 1388,
filing of the ‘complaint|. Par. 1).
(CIVIL CODE “Art. 768,
Par. 1).
MEMORY AID
San Beda University College of Lew - RGCT Bar Operations Center
RATIONALE QF PRESCRIPTION: that led to the complaint and for which the
complaint seeks a remedy;
1. Prescription is of purely statutory origin and is
2. Delay in asserting the complainant's rights,
founded on ground of public policy. Time limit is
having had knowledge or notice of the
imposed for a party to enforce his claim so that
defendant's conduct and having been afforded an
titles to property and other rights will be
stabilized. It protects the diligent and vigilant, not opportunity to institute a suit;
3. Lack of knowledge or notice on the part of the
the person who sleeps on his rights (Id. af 725).
defendant that the complainant would assert the
right on which he bases his suit; and
Without a time limit within which a party may
4. Injury or Prejudice to the defendant in the event
enforce his claim, titles to property and other
relief is accorded to the complainant, or the suit
rights will remain unstable for a long time and
is not held barred (Espinas-Lanuza v. Luna, Jr.,
wasteful litigations will be fostered (Id. at 726].
G.R. No. 229775, March 11, 2019}.
2. Prescription is rightly regarded as a statute of
repose whose object is to suppress fraudulent NOTE: Laches is recourse in equity. Equity, however,
_and stale claims. Our laws favor not property
is applied only in the absence, never in contravention,
of statutory law. Thus, laches, cannot, as a rule, be
rights hanging in the air for an uncertain time
used to abate a collection suit filed within the
(Multi-Realty Dev. Corp v. Makati Tuscany, G.R.
prescriptive period mandated by the Civil Code (De
No. 146726, June 16, 2006).
Castro v. CA, G.R. No. 115838, July 18, 2002}.
LACHES
Failure or neglect for an unreasonable and A guestion or matter of | A question of inequity of
unexplained length of time, to do that which, by time. permitting a claim to be
exercising due diligence, one could or should have
enforced (this inequity
done earlier (Tijam v. Sibonghanoy, G.R. No. L- | being founded on some
21450, April 15, 1968). It should be stressed that
subsequent change in the
laches is not concerned only with the mere lapse of condition or relation of the
time (Oropeza v. Allied Banking Corp., G.R. No. parties).
222078; April 1, 2019).
In favor of a co-owner
or co-heir against his
co-owners or co-heirs
Minors and other | Minors and other as long as the co-
incapacitated persons | incapacitated persons ownership is
who have parents, | who do not have
recognized (CIVIL
guardians, or other legal parents, guardians, or CODE, Art. 494,
representatives (CIVIL | other legal
Par.5).
CODE, Art. 1108). representatives
(CIVIL CODE, An.
1108). NOTE: Under the Constitution, an alien cannot
acquire any land in the Philippines even by
Absentees who have | Absentees who do prescription (CONST, Art. Xl, Sec. 3, Par. 1, and
administrators, either | not have Sec.7).
appointed by them before administrators, either
their appearance or | appointed by them
MEMORY AID
Ban Heda Unversity Collega of Lew ~ RGCT Bar Opsrations Center
Prescription Does Not Run Against the State and 4. It must not prejudice the Rights of creditors (while
its Subdivisions Regardless of the Nature of the rights may be waived, it must not be prejudicial to
Government Property (whether Real or Personal) the rights of a third person with a right recognized
Article 1108 (4) of the Civil Code expressly provides by law (CIVIL CODE, Art. 6); and
that prescription does not run against the State and
its subdivisions. This rule has been consistently 5. The person renouncing must have Knowledge of
adhered to in a long line of cases involving reversion the existence of the right (DE LEON, Property,
-of public lands, where it is often repeated that when supra at 736-737).
the government is the real party in interest, and it is
proceeding mainly to assert its own right to recover Kinds:
its own property, there can, as a rule, be no defense 1. Express; and
grounded on laches or prescription. We find that this
ruie applies, regardless of the nature of the 2. Implied/Tacit
government properly. Article 1108 (4) does not - when renunciation resuits from acts which
distinguish between real or personal properties of the imply the abandonment of the right acquired (/d.).
State (Ramsical Jr. v. Commission on Audit, G.R. No.
2137186, October 10, 2017). Where the party acknowledges the correctness of the
debt and promises to pay it after the same has
The rule that prescription does not run against the prescribed and with full knowledge of the prescription,
State does not apply to corporations created by the he thereby waives the benefit of prescription
State for special purposes, it being said that when the (Development Bank of the Philippines v. Adil, G.R. L-
titte of the Republic has been divested, its grantees, . . © 48889, May 11, 1589).
although artificial bodies of its own creation, are inthe
same category as ordinary persons (Shipside Inc.:v. +: NOTE: But a simple promise which contains new and
CA, G.R. No. 143377, February 20, 2001). “positive promise to pay the debl which has
prescribed, such as a promise to pay only one-half or
RENUNCIATION OF PRESCRIPTION parti payment, does not amount to a
ALREADY ACQUIRED: renunciation of. prescription (DE LEON, Property,
supra at 737).
Persons with capacity to alienate property may
renounce prescription already obtained, but-not the +. Advance Renunciation is Void
right to prescribe in the future (CIVIL CODE, Ar.
-= A renunciationiof prescription in advance is void. An
1112, Par. 1). agreement at. the. . obligation arising: from the
subject to prescription is not
Prescription is deemed to have ‘been taditly
renounced when the renunciation résuits from acts
*_ binding (1d. af 736).
which imply the abandonment of the: right aquired
nunciations by Representatives
(CIVIL. CODE, Art. 1112, Par. 2). Only bersoiis with capacity to alienate property can
renounce prescription already obtained, not
Requisites (C-PORK):
guardians, executors, administrators (/d.).
The person renouncing must have Capacity to
alienate property;
Effect of Renunciation to Creditors
Notwithstanding the express or tacit renunciation by
REASON: Renunciation involves the disposition
a person of a prescription already obtained, his
of property;
creditors and all other persons interested in making
the prescription effective, may still plead prescription
2. The renunciation must refer to Prescription
for themselves to the extent of their credit (CIVIL
already obtained;
CODE, Art. 1114).
REASON:
Ant, 6 of the Civil Code (rights may be
waived) but not the right to prescribe in the future
INTERRUPTION OF POSSESSION (civiL
because it is contrary to public order or public CODE, Arts, 1120 to 1124)
policy; Possession is interrupted. for the purposes of
prescription, naturally or civilly (CIVIL CODE, Art.
3. lt must be made by the Owner of the right; 1120).
Possession de facto — lost if new possession of PURPOSE: To protect the diligent and vigilant, not
those who sleep on their rights (Tagarao v. Garcia, G.
another has lasted longer than 1 year.
R. No. L-40064, December 4, 1934).
MEMORY AID
ito
nullity:of a void:judgment;
Four (4) years (CIVIL rustee to reconvey property
CODE, Art. 1132, Par.
Ten (10) years" (CIVIL name for the benefit of the cestui |
1). CODE, Art. 1134).
57. To compel Reconveyance of land registered in
: bad faith provided it has not yet passed to an >
“2 Innocent purchaser
for value;
Eight (8) years (CIVIL 0
CODE, Ant. 1132, Thirty (30) years (CIVIL NOTE: An action for reconveyance can be barred
Par.2). CODE, Art. 1137).:5 LL
by prescription (DBT Mar-Bay Construction Inc.
v. Panes, G.R. No. 167232, July 31, 2009).
LO
RULES ON COMPUTATION OF PERIOD: a
The prescriptive period applies only if there is an
1. The present possessor may complete the period actual need to reconvey the property as when the
necessary for prescription by tacking his plaintiff is not in possession of the property. If the
possession to that of his grantor or predecessor; plaintiff, as the real owner of the property also
remains in possession of the property, the
NOTE: However, tacking of possession is prescriptive period to recover title and
allowed only when there is a privity of contract possession of the property does not run against
or relationship between the previous and him. in such a case, an action for reconveyance,
present possessors. In the absence of such if nonetheless filed, should be in the nature of a
privity, the possession of the new occupant
suit for quieting of title, an action that is
should be counted only from the time it actually imprescriptible (Estate of Deceased Spouses
began and cannot be lengthened by connecting Francia .v. Tan, G.R. No. 225687 (Notice),
November 21, 2018).
{South City Homes v. Republic of the Philippines,
G.R.76564, May 25, 1990). When the action for reconveyance is based on a
void deed or contract, the action is imprescriptible
It is presumed that the present possessor who under Article 1410 of the New Civil Code. As long
S
was also the possessor at a previous time, has as the land wrongfully registered under the
PROPERTY
Civil Law