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CIVIL LAW REVIEWERSAINT LOUIS UNIVERSITY BAR OPERATIONS

PROPERTY

Property defined: All things which are (already in thepossession of man) or may be (susceptible of

appropriation) the objects of appropriation are consideredas property either as immoable or moable!Appropriation defined: e"uialent to occupation# willfulapprehension of a corporeal object which has no owner

with the intent to ac"uire ownership!

Thing Property

Generic sense:allobjects that e$ist whichcan be of %T&'&TY to

men!Juridical sense:all

objects that e$ist which

can be of %T&'&TY tomen and APA'E of

APPROPR&AT&O*!

&ncludes not only thingswhich are already

possessed by man+ butalso those which aresusceptible of beingpossessed by man!

For purposes of distinction, thing should be understoodin its generic sense.

Requisites of property:,! Utility- capable of satisfying human needs (e!g! food+

shelter+ and clothing)!.! Individuality/substantivity - "uality of haing

e$istence apart from any other thing or property (e!g!parts of the human body may+ within the limitsprescribed by law+ become property only when

separated from the body of the person to whom theybelong)!

/! Appropriability- susceptibility of being possessed bymen! 0ence+ diffused forces of nature in their totalitycannot be considered as property (e!g! air+ lightning)!

An object cannot be considered as property becauseof PHYS!A" #P$SS%"&Y 'e.g. res co((unes) or"*GA" #P$SS%"&Y 'e.g. hu(an body).

Res communes+ common things which are not capableof appropriation in their entirety (e!g! air+ lightning) althoughthey may be appropriated under certain conditions in alimited way (e!g! o$ygen+ electricity)! &n case of the latter+

they become property!

Res nullius- that which has no owner because it has notyet been appropriated (e!g! hidden treasure+ wild animals+fish in the ocean)+ or because it has been lost orabandoned by the owner! &t constitutes property as long asit is susceptible of being possessed for the use of man!

Res alicujus - objects already owned or possessed bymen!

T! U"A# $%&'

&uring lifetime: R%'E1 it is *OT a property! 0ence+cannot be appropriated! E2EPT&O*1 within the limitsprescribed by law! .A.--/ pro(otes 0oluntary blooddonation1 ser0ice contracts 'e.g. (odeling).

After death: R%'E1 still+ *OT a property by reason ofpublic policy! Personality of a man demands respect eenafter death! E2EPT&O*1 within the limits prescribed bylaw!.A 23/ legali4es per(ission of use hu(an organs orany portion of the hu(an body for (edical, surgical, orscientific purposes under certain conditions1 .A --5authori4es the legacy or donation of hu(an organs afterdeath or for transplant as 6ell as the ad0ance(ent of

research, (edical and dental education and therapy.

RI(T) A) PR%P!RT'

Property includes not only material objects+ but also rights (although

these are merely relations)! 0oweer+ only rights which arePATR&3O*&A' in nature can be considered as property! Otherwise+they are not (e!g! (family rights+ right to life+ liberty)!

*lassification of Rights:+, Real rights -jus in re.: interest belonging to a person oer aspecific thing without a definite passie subject against whom suchright may be personally enforced (e!g! ownership)!

Elements1a! Ownership of an object by a subject!b! 4eneral obligation of respect+ there being no particular

passie subject!

c! Effectie actions against anyone who may want to disturbit!

, Personal rights -jus in personam/ad rem.: the power of aperson (creditor) to demand from another (debtor) as a definitepassie subject+ the fulfillment of the latter5s obligation# the right ofobligation!

Elements1a! 6ubjects consisting of actie (creditor7obligee) and passie

(debtor7obligor)!b! There is a particular passie subject who is bound to

obsere the obligation!c! Effectie actions against the passie subject!

R!A0 RI(T) &I)TI#*TI%#) P!R)%#A0

A definite actiesubject# the restof the world as

passie subject!

#umber ofpersons involved

A definite actiesubject and

passie subject!

4enerally+corporeal things

%bject involved &ntangible thing(prestation)

y mode or title *auses ofcreation

y title only

Real actionsagainst third

persons

#ature of actions Personal actionsagainst the

definite passiesubject

y the loss ordestruction ofthe property

"ethods ofe1tinguishment

y other causes

*0A))I2I*ATI%# %2 TI#()

)piritual8irectly influences the

religious submission of mensuch as sacraments and

prayers!

!cclesiastical6acred

Religious0oly

Temporal

These are personal prestations+ or acts or serices productie ofutility! They are not manifest to the senses+ but are conceied only bythe understanding!

Re"uisites1

a! E$ternal - it is a manifested act!b! Personal - done by the debtor himself!c! Possible - can be done both in nature and in law!

Prepared by the CIVIL LAW SECTION ChiefNORBERT OBEDOZA Assistant ChiefJOHN PAUL MARTIN MembersLIWLIWA AGBAYANI,ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE

LAMATON. All Ri!"# R$#$%&$d by theSAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS '(().

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As to O9*ER60&P1a! ommon - created by *ature for the use of all#

res communes (e!g! sun)!b! Public - owned by the 6tate for the use of its

inhabitants either directly (e!g! roads) or indirectly(e!g! fortress)!c! Priate - owned by priate indiiduals!d! *ullius - no owner# res nullius (e!g! hidden

treasure)!e! orporate - owned col lectiely either as

patrimonial (e!g! properties of '4%s held in apriate capacity) or communal (e!g! pla:as)!

As to &33O&'&TY1a! &mmoable - cannot be transferred from place to

place because of the nature+ incorporation+destination or by analogy!

b! 3oable - can be moed from place to place!c! 6emi7moable - those which moe by

themseles (e!g! animals)!

As to *%3ER1a! %niersal - seeral things collectiely form a

single object in law under one name (e!g!inheritance)!

b! 4eneric - that which indicates its homogenousnature (e!g! a house)!

c! 6pecific - that which indicates the specie or itsnature and the indiidual (e!g! the house at ;&6&&'&TY1a! 8iisible - can be diided physically or juridically

without injury to their nature (e!g! inheritance)!b! &ndiisible 7 cannot be diided without destroying

their nature or rendering the fulfillment of thejuridical relation (e!g! horse)!

As to &3PORTA*E1a! Principal 7 those which other things are

dependent (e!g! the land on which a house isbuilt)!

b! Accessory - dependent upon the principal (e!g!the house built on the land)!

As to P%RPO6E or 0O3O4E*E&TY of 6PE&E1a! =ungible - belong to a common genus permitting

substitution (e!g! grains)!b! *on7fungible - specifically determined and

cannot be substituted (e!g! lands)!

As to O*6%3A&'&TY or *AT%RE1a! onsumables - those which are used byconsumption (e!g! food)!

b! *on7consumables - not consumed by use (e!g!money)!

As to A'&E*A&'&TY1a! 9ithin the commerce of man - can be the object

of juridical relations!b! Outside the commerce of man - cannot be the

object of juridical relations!

*0A))I2I*ATI%# %2 PR%P!RT'

Tests:a! &mmoable 7 cannot be transferred from place to place!b! 3oable - e$cluded from the enumeration of immoable and

can be moed from place to place without damage thereto!c! 3i$ed?semi7moable 7 those which moe by themseles (both

immoable and moable in nature)!

I""%3A$0! PR%P!RT'

(,) $y #ATUR!- it cannot be carried from place to place!

a! 'ands+ buildings+ roads and constructions (adhered to thesoil)!

b! 3ines+ "uarries and slag dumps+ while the matter thereofforms part of the bed+ and waters either running orstagnant!

&he (aterials constituting a building 6hich is the subject ofde(olition are (o0able.

A structure 6hich is (erely superi(posed, not adhered, to thesoil (ay be considered (o0able.

(.) $y I#*%RP%RATI%#- essentially moables but are attachedto an immoable in a fi$ed manner to be an integral part thereof!

a! onstructions (adhered to the soil)!b! Trees+ plants and growing fruits while they are attached to

the land or form an integral part of an immoable!c! RE2 >&*TA1 Eerything attached to an immoable in a

fi$ed manner in such a way that it cannot be separatedtherefrom without brea@ing the material or deterioration ofthe object!

d! Animal houses or breeding places+ in case the owner hasplaced them or presere them with the &*TE*T&O* toattach them permanently tot the land+ and the A*&3A'6 inthese places!

e! 6tatutes+ reliefs painting or other objects for %6E orOR*A3E*TAT&O*+ placed in a building or on lands+ bythe O9*ER of the immoable in such a manner that itreeals the &*TE*T&O* to attach them permanently to thetenements!

&hese are i((o0able both by incorporation

and by destination. As distinguished fro( *7 89&A, these cangenerally be separated fro( the i((o0able 6ithout breaing theobject. &hese objects beco(e i((obili4ed only 6hen placed in thetene(ent by the o6ner of such tene(ent. ;hen placed by a (ereholder 'e.g. tenant), these objects do not beco(e i((o0able

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b! &irect utility: 3achinery+ instruments orimplements &*TE*8E8 by the owner of thetenement for an &*8%6TRY or 9OR6 whichmay be carried on in a building or land+ and

which tend 8&RET'Y to meet the needs of such

industry or wor@s!c! Animal houses or breeding places+ in case theowner has placed or presered them with the&*TE*T&O* to attach them permanently to theland+ and the A*&3A'6 in these places!

d! =ertili:ers AT%A''Y used on a piece of land!e! 8oc@s and structures which+ though floating+ are

&*TE*8E8 by their nature and object to remainat a fi$ed place on a rier+ la@e or coast!

(B) $y A#A0%('7 classified by e$press proision of lawbecause it is regarded as united to the immoableproperty!

a! ontracts for public wor@s!b! 6eritudes!c! Real rights oer immoable property!

"%3A$0! PR%P!RT'

(,) (eneral Rule: all things which can be transportedfrom place to place without impairment of the realproperty to which they are fi$ed!

(.) !1clusions: those moables susceptible of

appropriation which are not included in theenumeration of immoables!

(/) )pecial:real property which by any special proisionsof law is considered as personalty!

(B) In parts: forces of nature which are brought undercontrol by science!

-4. %bligations -credits. and actions -replevin. 5hichhave for their object movables -corporeal orintangible. or demandable sums,

&hese are really personal rights because they

ha0e a definite passi0e subject 'e.g. intellectual property).

-6. )hares of stoc7s or interests in juridical entities,

*lassification as to nature:

a! onsumable - cannot be used in a mannerappropriate to their nature without being consumed!

!onsu(able goods cannot be the subject (atter ofa contract of co((odatu( unless the purpose of thecontract is not the consu(ption of the object as 6henit is (erely for e=hibition.

b! *on7consumable 7 not consumed by use!

*lassification according to purpose:

a! =ungibles 7 belong to a common genus permittingsubstitution of the same @ind+ "uantity and "uality#(e!g! ,C bottles of wine)!

b! *on7fungibles - specifically determined and cannot besubstituted (e!g! ,C bottles of wine which & hae in myroom)!

PR%P!RT' *0A))I2I!& A**%R&I#( T% %8#!R)IP

PU$0I**AT&O*A'?6TATE

+, Property of public dominion:a! =or public use (e!g! roads+ canals+ riers)!

b! =or public serice (e!g! public buildings)!c! =or the deelopment of the national wealth!

9.%. egalian >octrine

, Patrimonial property: used by the 6tate as a juridical person inits priate capacity (e!g! property ac"uired through escheatproceedings+ ta$ sales)! &t is the property which the 6tate has thesame rights+ and of which it may dispose+ to the same e$tent aspriate indiiduals according to laws and regulations on theprocedure of e$ercising such rights! 0ence+ it is subject to theprinciples on priate properties (e!g! subject to prescription!

*%#*!PT) %# PU$0I* &%"I#I%#

a. Public do(inion does not i(port the idea of o6nership.Property of public do(inion is not o6ned by the State butsi(ply under its jurisdiction and ad(inistration for thecollecti0e enjoy(ent of all the people of the State of 6hich it isthe territorial so0ereign.

b. &he purpose of property of public do(inion is not to ser0e theState as a juridical person but the citi4ens. t is intended for theco((on and public 6elfare so it cannot be the object ofappropriation either by the State or by pri0ate persons.

c. &he relation of the State to this property arises fro( the factthat the State is the juridical representati0e of the social groupand as such it taes care of and preser0es the sa(e and

regulates its use for the general 6elfare.d. Properties of public do(inion are outside the co((erce of

(en. Hence:

!annot be sold, leased or other6ise be the subject (atter ofcontracts.

!annot be ac?uired thru prescription not e0en by (unicipalitiesagainst the State.

!annot be attached or sold at public auction to satisfy ajudg(ent. $ther6ise, essential go0ern(ental ser0ices 6ould bejeopardi4ed.

!annot be burdened by ease(ents.

!annot be registered under the land registration la6 and be thesubject of a &orrens title.

PU$0I* 0A#& (%3!R#"!#T 0A#&

%niformly used to describethe national domain underthe legislatie power ofongress as has not beensubjected to priate right ordeoted to public use! it ise"uialent to lands of thepublic domain! &t refers tolands as are thrown open topriate appropriation and

settlement by homesteadland other laws!

A broader term! &t includesnot only public lands butalso other lands of thegoernment alreadyresered+ or deoted topublic use+ or subject topriate rights! &t includespatrimonial lands!

*%#3!R)I%# %2 PR%P!RT' %2 PU$0I* &%"I#I%# T%PATRI"%#IA0 PR%P!RT'

a! =ormal declaration by the legislatie department of thegoernment that the property of the 6tate is no longer neededfor public use or for public serice! Otherwise+ the propertycontinues to be of public dominion notwithstanding the fact thatit is not actually deoted for such use or serice!



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b! &n case of political subdiisions+ the conersion mustbe authori:ed by law

PU$0I*'OA'

+, Property for public use: proincial roads+ citystreets+ s"uares+ fountains+ public waters+promenades+ public wor@s for public serice paid forby such political subdiision!

, Patrimonial property: used by the politicalsubdiision as a juridical person in its priate capacity(e!g! property ac"uired through escheat proceedings+ta$ sales)! &t is the property which the unit has thesame rights+ and of which it may dispose+ to the samee$tent as priate indiiduals according to laws andregulations on the procedure of e$ercising suchrights! 0ence+ it is subject to the principles on priateproperties (e!g! subject to prescription!

&he principles go0erning property of public do(inionof the State are applicable to property of public use ofthe political subdi0isions.

Political subdi0isions cannot register as their o6n anypart of the public do(ain, unless it is first sho6n thata grant thereof has been (ade or possession hasbeen enjoyed during the period necessary to establisha presu(ption of o6nership.

&hey ha0e no authority to control or regulate the useof public properties unless specific authority is 0estedupon the( by !ongress.

PR%P!RT' %2 PRI3AT! %8#!R)IP

This refers to all property belonging to priate personseither indiidually or collectiely and those belonging to the6tate and any of its political subdiisions which arepatrimonial in nature!

PR%3I)I%#) *%""%# T% T! TR!! PR!*!&I#(*APT!R)

9heneer the word Dmuebles or Dfurniture+ is used alone+ it shallnot be deemed to include money+ credits+ commercial securities+stoc@s and bonds+ jewelry+ collections (scientific or artistic)+ boo@s+medals+ arms+ clothing+ horses or carriages and their accessories+grains+ li"uids and merchandise+ or other things which do not haeas their principal object the furnishing or ornamenting of a buildingE2EPT when the contrary intention appears!

%8#!R)IP

&efinition: The independent right of a person to the

e$clusie enjoyment and control of a thing including itsdisposition and recoery subject only to the restrictionsestablished by law and the rights of others!

%bjects: Ownership may be e$ercised oer T0&*46 orR&40T6!Attributes of o5nership:+, Right to enjoy - includes right to use and enjoy (jus

utendi)+ right to the fruits (jus fruendi)+ right toaccessories (jus accessiones) and right to consumeby use (jus abutendi)+ within the limits prescribed bylaw# includes the right to e$clude any person from theenjoyment and disposal thereof!

Jus accessiones: &he o6nership of property gi0es the right byaccession to e0erything 6hich is produced thereby, or 6hich isincorporated or attached thereto, either naturally or artificially.

Right to possess: the right to hold a thing or enjoy a right1 t (ay be

e=ercise in one@s o6n na(e or in the na(e of the other1 possession(ay be in the concept of an o6ner or a (ere holder 6ith theo6nership pertaining to another1 right to possess does not al6aysinclude the right to use.

, Right to dispose - (jus disponendi) the power of the O9*ERto alienate+ encumber+ transfer and een destroy the thingowned+ totally or partially+ within the limits prescribed by law#includes right not to dispose!

9, Right of action - (jus indicandi) gien by the law to the personwhose property has been wrongfully ta@en from him against anyperson unlawfully detaining it een if the possession of the latterhas been legali:ed by coneyance+ either to recoer damagesor the possession of the property# the right of action can betransferred!

Ho6e0er, the person 6ho clai(s the he has a better right to theproperty (ust pro0e 'burden of proof) his title thereto. Accordingly, aperson in peaceful possession of property (ust be respected in hispossession until a co(petent court rules for his ouster.

A*TI%#) 2%R P%))!))I%#

+, !jectment cases:a! =orcible entry - A person depried of the possession of any land

or building by force+ intimidation+ stealth+ threat and strategy(=&6T6)!

b! %nlawful detainer - Any landlord+ endor+ endee or otherperson against whom the possession of any land or building isunlawfully withheld after the e$piration or termination of the rightto hold possession by irtue of any contract+ e$press or implied!

Period to file action:9ithin , year after such unlawful depriation orwithholding of possession+ commencing from the time of last demand(oral or written# direct or indirect) to acate! *o demand is necessary

for a lessee to acate when it is specifically proided for in theagreement!

Prayer:for the restitution of possession+ with damages and costs!0oweer+ the only damages that can be recoered in an Ejectmentsuit are the fair rental alue or the reasonable compensation for theuse and occupation of the real property! Other damages must beclaimed in an ordinary action!The defendant+ howeer+ may set up a counterclaim for moraldamages and recoer it if it is within the jurisdiction of the court!

urisdiction:3T (summary proceedings)! 9hateer the amount ofplaintiff5s damages will not affect the court5s jurisdiction!

Issue: Physical possession! The decision in such action is resjudicatain the "uestion of possession!

Sublessees are bound by the judg(ent rendered against thelessee in an eject(ent case e0en if they 6ere not (ade partiesthereto..! Accion publiciana -plenary action.: wheneer the owner is

dispossessed by any other means (e!g! possession is due totolerance of the owner) other than =&6T6+ he may maintain thisaction to recoer possession without waiting for the e$piration of, year before commencing this suit! &t may also be brought afterthe e$piration of , year if no action had been instituted forforcible entry or unlawful detainer!



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/! Accion reinvindicatoria: action for recoery ofdominion oer the property as owner!

&his action should be filed in case of refusal of a partyto deli0er possession of property due to an ad0erse clai(

of o6nership.

A suit to reco0er possession of a parcel of land as anele(ent of o6nership is a rein0indicatory action!

B! 8rit of possession: A writ of possession is improperto eject another from possession e$cept in thefollowing cases1

a! After the land has been registered under the Torrenssystem of registration!

b! E$trajudicial foreclosure of mortgage!c! Fudicial foreclosure of mortgage proided that the

mortgagor has possession and no /

rd

partyinterened!d! E$ecution sales!

G! 8rit of injunction: injunction is not a proper remedyfor the recoery of possession! ut where the plaintiffis admittedly the owner of the property+ and is inpossession thereof+ he is entitled to the e"uitableremedy of injunction to preent or restrain acts oftrespass and illegal interference by others with thepossession of the property!

RI(T T% !#*0%)! %R 2!#*!: Eery owner may enclose orfence his land or tenements by any reasonable means subject tothe right of others to e$isting seritudes imposed on the land ortenement!

RI(T T% )PA*!; )U$)%I0; A#& )UR2A*! RI(T) %2 A0A#& %8#!R: The owner of a parcel of land is the owner of itssurface and of eerything under it+ and he can construct thereonany wor@s or ma@e any plantations and e$caations which he maydeem proper+ without detriment to seritudes and subject to speciallaws and ordinances! 0e cannot complain of the reasonablere"uirement of aerial naigation!

!conomic utility: &he right of the lando6ner e=tends to thespace and subsoil as far as necessary for his practical interests, orto the point 6here it is possible to assert his do(inion1 beyondthese li(its, he 6ould ha0e no legal interest.

&he right of the o6ner of a parcel of land to construct any 6orsor (ae any plantations and e=ca0ations on his land is subject to:a. *=isting ser0itudes or ease(ents.b. Special la6s.c. "ocal ordinances.d. &he reasonable re?uire(ents of aerial na0igation.e. ights of third persons.

Regalian doctrine:All minerals and other natural resources foundeither in public or priate lands are owned by the 6tate!

&I)PUTA$0! PR!)U"PTI%# %2 %8#!R)IP

Requisites:,! There must be actual (physical or material)

possession of the property!

.! The possession must be under claim of ownership!0ence+ the true owner must resort to judicial process forthe recoery of the property!

R!eed of sale.e. "ong possession.

&a= declarations are not conclusi0e proof of o6nership.Ho6e0er, 6hen coupled 6ith possession for a periodsufficient for prescription, they beco(e strong e0idence ofo6nership. Also, the failure of a person to declare land forta=ation (ay be ad(itted to sho6 that he is not the o6nerthereof.

0I"ITATI%#) %# T! RI(T %2 %8#!R)IP

,! Those imposed in general by the 6tate in the e$ercise of thepower of ta$ation+ police power+ and power of eminent domain!

.! Those imposed by law such as legal easements and there"uirement of legitime in succession!

/! Those imposed by the grantor of the property on the grantee+either by contract or by last will!

B! Those imposed by the owner himself+ such as oluntaryeasement+ mortgage+ pledge and lease!

G! Those arising from conflicts of priate rights such as thosewhich ta@e place in accession continua or those caused bycontiguity of property!

d. &he reasonable re?uire(ents of aerial na0igation.e. ights of third persons.

f the prohibition is to alienate the property is perpetual, it isconsidered as 0oid. &he (a=i(u( period of inalienability, 6heni(posed by 6ill, is C5 years, unless a fideico(issary substitution hasbeen established. &he sa(e principle, by analogy, can apply to anyother gratuitous disposition such as donation, unless the donor

pro0ides for re0ersion 'Art. -D-), in 6hich case, a longer period (aybe allo6ed.

n (ortgage contracts, a stipulation forbidding the o6ner fro(alienating the property (ortgaged is 0oid 'Art. C25).

;here the stipulation on inalienability is 0alid, the property is 9$&subject to attach(ent. $ther6ise, the prohibition to alienate 6ould be

illusory.



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PRI#*IP0! %2 )!02 = !0P

8ho may avail>The O9*ER or 'A9=%' PO66E66OR

of a thing!Right involved:R&40T TO E2'%8E any person fromthe E*FOY3E*T and 8&6PO6A' thereof!)elf?help:=or this purpose+ he may use such force as maybe reasonably necessary to repel or preent an actual orthreatened %*'A9=%' physical inasion or usurpation ofhis property!

Requisites of self?help:,! Owner must be lawful possessor!.! Owner must use only reasonable force!/! There must be actual or threatened physical inasion

or usurpation!B! an only be e$ercised at the time of an actual or

threatened dispossession or immediately after thedispossession has ta@en place!

&he actual in0asion of property (ay consist of a (eredisturbance of possession or of real dispossession. n thefirst case, the force (ay be used as long as thedisturbance continues. n the second case, the force toregain possession can be used only i((ediately after thedispossession. $nce the usurper@s possession hasbeco(e fir( by lapse of ti(e, the la6ful possessor (ustresort to the co(petent authority to reco0er his property.

&he principle of self defense in the P! co0ers not onlydefense of a (an@s person but also e=tends to his rightsincluding the right of property.

SelfEhelp doctrine is #$>F*> by the principle of stateof necessity, and the conde(nation of property through thee=ercise of State po6ers 'e(inent do(ain and police

po6er).

)TAT! %2 #!*!))IT'

The owner of a thing has no right to prohibit theinterference of another with the same+ if the interference is

necessary to aert an imminent hanger+ and the threateneddamage+ compared to the damage arising to the ownerfrom the interference+ is much greater!

State of necessity pre0ails o0er the principle of selfEhelp.

Right of the o5ner: 8emand from the person benefitedindemnity for the damage to him! Exception: &olentino + fthe o6ner of the property causing the danger 6ould ha0ebeen responsible for da(ages if the danger had not beena0erted 'e.g. to pre0ent inundation, de(olition of a da(constructed 6ithout authority. &he o6ner of the da( need

not be inde(nified).

Requisites:,! The interference is necessary!.! The damage to another is much greater than the

damage to the property!

&he seriousness or gra0ity of the danger (ust be (uchgreater than the da(age to the property affected ordestroyed by the protecti0e act.

>anger to life is al6ays greater than da(age toproperty.

f through an error, one belie0ed hi(self to be in a state ofnecessity, or used e=cessi0e (eans, his act 6ould be illicit, and theo6ner of the property can use the principle of selfEhelp.

&he la6 does not re?uire that the person acting in a state of

necessity be free fro( negligence in the creation of the threateneddanger.

!@!R*I)! %2 )TAT! P%8!R)

!"I#!#T &%"AI#: *o person shall be depried of his propertye$cept by competent authority and fro public use and always uponpayment of just compensation!

6hould this re"uirement be not complied with+ the courts shall protectand+ in proper cases+ restore the owner in his possession!

P%0I*! P%8!R: 9hen any property is condemned or sei:ed bycompetent authority in the interest of health+ safety or security+ theowner thereof shall not be entitled to compensation+ unless he canshow that such condemnation or sei:ure is unjustified!

Requisites:,! The interest of the public in general+ as distinguished from those

of a particular class+ re"uires such interference!.! The means employed are reasonably necessary for the

accomplishment of a purpose+ and not unduly oppressie uponindiiduals!

RI(T) T% I&&!# TR!A)UR!

*oncept: Treasure consists of money+ jewels+ or other preciousobjects which are hidden and un@nown+ such that their finding is areal discoery!

Rules:a. The treasure belongs to the owner of the land if he is the finder!b. The finder is entitled to ,?. if he is not the owner of the land+

proided the discoery is by chance!c. &f the finder is a trespasser+ he shall not be entitled to any share

of the treasure!d. &f the things found be of interest to science or the arts+ the 6tate

may ac"uire them at their just price+ which shall be diided

e"ually among the land owner and the finder!e. Dy chance means by good luc@# there must be no purpose or

intent to loo@ for treasure! &f it does+ the finder+ who is not theland owner+ becomes a trespasser!

f. The ode ommission do not preclude a finder who hunts forhidden treasure# ut the one who loo@s for hidden treasure onthe property of another should hae the latter5s permission+since a trespasser is not entitled to any share in the hiddentreasure he may find!

g. &f the land owner gae his permission to the treasure hunter+ thelatter is entitled to ,?. because this is still a case of Dby chance!

h. The rule is different if the finder is unaware of the hiddentreasure and he was commissioned by the land owner to loo@

for treasure! &f the finder was so ordered by the owner+ his onlyright is to be paid his salary+ unless a contrary intention appearsin the agreement!

i. &f the finder is a lessee or usufructuary+ the latter gets ,?.# iffound by another person other than the lessee or usufructuary+,?. goes to him and ,?. goes to the owner of the property on

which it was found!j. 9ith respect to the term Dother precious objects it would refer

only to moables which are similar to money or jewelry(ejusdem generis rule)# they include things of interest to scienceor the arts!

k. The deposit must be Dhidden and un@nown+ since if the treasureis purposely hidden+ the owner may recoer it from the finder

unless he has abandoned the property or considered it lostwithout hope of eer finding it!



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l. 9here the things discoered do not "ualify as hiddentreasure+ the rules on occupation would apply!

RI(T %2 A**!))I%#

&efinition: The right of the owner of a thing+ real orpersonal+ to become the owner of eerything which isproduced thereby+ or which is incorporated or attachedthereto+ either naturally or artificially!

A**!))I%# A**!))%R'

The fruits of+ or additions to+ orimproements upon+ a thing(the principal) in its three formsof building+ planting andsowing!

Things joined to+ or includedwith the principal thing for thelatter5s embellishment+ betteruse+ or completion!

*ot necessary to the principal

thing!

The accessory and the

principal must go together!oth can e$ist only in relation to the principal!

Since the la6 itself gi0es the right, accession (ay, in asense, be considered as a (ode of ac?uiring propertyunder the la6.

inds of Accession

,! Accession discreta - e$tension of the right ofownership to the products of a thing!

%ased on the principle of justice for it is only just thatthe o6ner of a thing should also o6n 6hate0er it

produces.

&ivisions: *atural fruits+ industrial fruits+ and ciil fruits!

.! Accession continua - the ac"uisition of ownershipoer a thing incorporated to that which belongs to theowner!

%ased on con0enience, necessity and utility, for it is(ore practical that the o6ner of the principal should alsoo6n the accessory instead of a coEo6nership.

a. ;ith respect to real property, it (ay either be.&! Accession industrial (building+ planting+ sowing)!

&&! Accession natural (alluium+ aulsion?by force ofrier+ change of rier course+ and formation ofislands)!

b. ;ith respect to personal property, it (ay be:&! onjunction or adjunction!

&&! ommi$tion or confusion!&&&! 6pecification

Basic principles on accession:a. &he o6ner of a thing o6ns the e=tension or increase

of such thing.b. Accessory follo6s the principal.c. &he incorporation of the accessory 6ith the principal

is effected only 6hen t6o things are so united that

they cannot be separated 6ithout injuring ordestroying the juridical nature of one of the(.

A**!))I%# &I)*R!TAR&40T O= O9*ER TO T0E =R%&T6

2ruits: include all the products of things+ the benefits fromrights+ and the adantage deried from the use of a thing!

&ivisions: *atural fruits+ industrial fruits+ and ciil fruits!

(eneral rule:All fruits belong to the O9*ER of a thing!

&he fruits (ay either be in the for( of da(ages suffered by theo6ner of a land.

!1ceptions:a! Possessor in good faith!

b! %sufructuary!c! 'essee!d! Pledgee!e! reditor in Antichresis!

#atural fruits1a! The spontaneous products of the soil!b! The young and other products of the soil!

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industrial fruits! 9ith respect to animals+ it is sufficient thatthey are in the womb of the mother+ although unborn!

!i0il fruits are easily prorated for they are dee(ed toaccrue daily and belong to the possessor in good faith in

that proportion.

A**!))I%# *%#TI#UA -I#&U)TRIA0.&33O>A'E PROPERTY

$UI0&I#(; P0A#TI#(; )%8I#(

(eneral Rule: 9hateer is built+ planted or sown on theland of another and the improements or repairs madethereon belong to the owner of the land!

&he o6ner of the land (ust be no6n, other6ise nodecision can be rendered on the o6nership of the thing

planted, built or so6n until a hearing shall ha0e been

accorded to 6hosoe0er is entitled thereto.

Presumption: All wor@s+ sowing+ and planting arepresumed made by the owner and at his e$pense+ unlessthe contrary is proed!

a! The wor@s were made by the owner - based onpositie law# a land naturally has an owner and thelaw accordingly presumes that he made the wor@s+sowing or planting!

b! They were made at the owner5s e$pense - as ageneral rule! &t cannot be said that one who builds+plants or sows on another5s land will do so at hise$pense but for the benefit of the owner# hence+ itmust be presumed that what is built+ planted or sownis done at the e$pense of the owner although the one

who did so was a third person!

RI(T) 8!R! T! 0A#& %8#!R "A!) U)! %2 T!"AT!RIA0) $!0%#(I#( T% A#%T!R I# P0A#TI#(;

*%#)TRU*TI#( %R 8%RI#(

$oth parties in good faith:The land owner becomes theowner of the materials but shall pay their alue# 0oweer+the owner of the materials shall hae the right to remoethem but only in case he can do so without injury to theplantings+ constructions or wor@!

0ence+ the owner of the materials is entitled to1a! Reimbursement for the alue of the materials# ORb! Remoal of the materials if the same can be done

without injury to the plantings+ constructions or wor@!

0and o5ner in bad faith and o5ner of the materials ingood faith:0e becomes the owner of the materials but heshall be obliged to pay their alue plus reparation fordamages# 0oweer+ the owner of the materials mayremoe them een if the remoal may cause injury to theplantings+ constructions or wor@!

0ence+ the owner of the materials is entitled to1a! Reimbursement for the alue of the materials plus

reparation for damages# ORb! Remoal of the materials whether or not injury could

be caused plus reparation for damages!

0ando5ner in good faith and the o5ner of materials inbad faith: The latter would be liable for any conse"uentialdamages+ without right of remoal!

$oth parties in bad faith:They shall both be treated asbeing in good faith!

&he o6ner cannot offer to return the (aterials insteadof paying their 0alue1 9e0ertheless, if the (aterials ha0e

not been da(aged or transfor(ed and can be returned in theiroriginal condition, the lando6ner (ay do so at his e=pense, e0en6ithout the consent of the o6ner of the (aterials.

8hat is bad faith>

On the part of the land owner1 &f he @new that he had no right toma@e use of such materials!

On the part of the owner of the materials1 &f the materials were usedby another in his presence+ with his @nowledge and forbearance+ and

without opposition on his part!

RI(T) %2 $UI0&!R; )%8!R %R P0A#T!R -$)P.8!R! T! *%#)TRU*TI%#; P0A#TI#( %R )%8I#(

I) "A&! I# A 0A#& $!0%#(I#( T% A#%T!R

$%T PARTI!) I# (%%& 2AIT

t is the o6ner of the land 6ho is allo6ed to e=ercise the optionbecause his right is older and because by the principle of accession,he is entitled to the o6nership of the accessory thing.

The lando5ner is given an option; either:

a! To appropriate the improement as his own upon payment ofthe re"uired indemnity1 necessary and useful e$penses#lu$urious e$penses shall not be refunded but may be remoed ifthe same can be done without injury to the principal+ unless theland owner gies refund thereof#

0ence+ the 6P is entitled to1&! Reimbursement for the alue of the improement# A*8

&&! Reimbursement for necessary and useful e$penses# lu$uriouse$penses shall not be refunded but may be remoed if thesame can be done without injury to the principal+ unless theland owner gies refund!

&he obligation to pay inde(nity is a personal obligation. Hence,as a rule, cannot be transferred.

Right of retention: Only the 6P in good faith may retain both theland and the improements een against the real owner until theindemnity has been paid in full by the landowner who has elected to

appropriate the improements! onse"uently+ the land owner has noright to demand payment of rents for the occupation of the land!

;here the i(pro0e(ents ha0e been destroyed by a fortuitouse0ent 6ithout the fault of the lando6ner, the right of retention ise=tinguished1 hence, there is no other recourse for hi( but to 0acatethe pre(ises and deli0er the land to its o6ner.

>uring the period of retention, the %SP is not necessarily apossessor in good faith. Hence, if he recei0es fruits fro( theproperty, he is obliged to account for such fruits, so that the a(ountthereof (ay be deducted fro( the a(ount of inde(nity to be paid tohi( by the o6ner of the land.

b! OR+ To oblige the sower to pay the proper rent+ and the builderor planter to pay the price of the land unless the alue of theland is considerably more than what has been built or planted!&n the latter case+ the builder or planter shall pay reasonablerent+ unless the owner appropriates the improement!

n the e0ent of the failure of the builder or planter to pay after theland o6ner opted to sell the land, the latter is entitled to re(o0al ofthe i(pro0e(ent.

c! &n case the 6P is re"uired to pay reasonable rent+ a leaserelationship is created! &n case the parties cannot agree on theterms of the lease+ the ourt shall fi$ such terms!



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&he i(pro0e(ents herein (ust be of a per(anentcharacter. $ther6ise, there is no accession and the builderor planter (ust re(o0e the construction.

n case of e(inent do(ain, land o6ner cannot e=erciseoption aB.

n case there is a contractual relation, the pro0isions ofsuch agree(ent shall be follo6ed1 the (entioned rulesapply e0en if the land o6ner is the go0ern(ent.

$)P I# $A& 2AIT A#& 0A#& %8#!R I# (%%&2AIT

Rule: 0e who builds+ sows or plants in bad faith on theland of another+ loses what is built+ planted or sown withoutright to indemnity!

As a matter of justice+ howeer+ 6P is entitled toreimbursement for necessary e$penses of preseration of

the land incurred by him but without the right of retention!

!ffect to the fruits:a! &f the fruits hae not yet been gathered+ the land

owner does not hae to pay for production e$pensessince a 6P in bad faith loses that which has beenplanted or sown+ without right to any indemnity

whatsoeer+ e$cept for necessary e$penses ofpreseration!

&he land o6ner ac?uires the fruits by accession.

b! &f the fruits are already seered or gathered by the6P in bad faith+ but they are ordered to be turned7oer to the land owner+ the former is entitled to bereimbursement for e$penses of cultiation+ gatheringand preseration!

A0T!R#ATI3! RI(T) %2 0A#&%8#!R

,! To appropriate what has been built+ sown+ or plantedin bad faith without any obligation to pay anyindemnity e$cept for necessary e$penses for thepreseration of the land+ plus damages

.! To as@ the remoal or demolition of what has beenbuilt+ planted or sown in order to replace things in theirformer condition at the 6P5s e$pense+ plus damages!

/! To compel the sower to pay the proper rent+ and the

builder or planter to pay the alue of the land+ whetheror not the alue of the land is considerably more thanthe alue of the improements+ plus damages!

0ence+ the 6P in bad faith has the following liabilities1,! 0e loses what is built+ planted or sown without right to

indemnity+ e$cept for necessary e$penses!.! 0e may be re"uired to recoer or demolish the wor@ in

order to replace things in their former condition at hisown e$pense!

/! 0e may be compelled to pay the price of the land+ andin the case of the sower+ to pay the rent!

B! 0e is liable for damages!

$%T PARTI!) I# $A& 2AIT

Their rights shall be determined as if both acted in goodfaith!

8hat is bad faith>On the part of the land owner1 wheneer the act was done

with his @nowledge and without opposition on his part!

On the part of the 6P1 when he builds+ sows+ or plants+@nowing that the land does not belong to him and he has

no right to build+ sow or plant thereon!

0A#&%8#!R I# $A& 2AIT $UT $)P I# (%%& 2AIT

The land owner is considered as haing made the building+ sowing orplanting+ and the 6P shall be considered as the owner of the

materials! 0ence+ the land owner shall pay the alue of the materialsplus damages because of his bad faith! 0oweer+ the owner of thematerials may remoe them een if the remoal may cause injury tothe plantings+ constructions or wor@!

0ence+ the 6P is entitled to1

a! Reimbursement for the alue of the materials plus reparation fordamages# OR

b! Remoal of the materials whether or not injury could be causedplus reparation for damages!

8!R! 0A#&%8#!R; $)P A#& %8#!R %2"AT!RIA0) AR! &I22!R!#T P!R)%#)

%5ner of materials acted in good faith regardless of the good orbad faith of the land o5ner or $)P:

The owner of the materials is entitled to reimbursement for the alueof the materials principally from the 6P because he is the one whomade use of the same+ and subsidiarily from the land owner+ if the6P has no property with which to pay!

%5ner of materials acted in bad faith but the land o5ner and the$)P are in good faith:

The owner of the materials forfeits his rights thereto without the rightto be indemnified as if he himself built+ planted+ or sowed in bad faith!

$)P acted in bad faith but 0and o5ner and o5ner of thematerials acted in good faith:

a! &f the land owner appropriates the accession+ 6P shall beprincipally liable to the owner of the materials for their alue plusdamages! &n case of insolency of the 6P+ the land owner shallbe subsidiarily liable to the owner of the materials for their aluebut *OT for damages for he acted in good faith! 6P is alsoliable to the owner of the land for damages!

b! &f the land owner elects to hae the improement remoed+ the

materials will reert to their owner! The latter will be entitled todamages from the 6P!

0and o5ner acted in good faith but o5ner of the materials and$)P acted in bad faith:

a! The land owner can e$ercise his alternatie rights!b! 6ince both the owner of the materials and 6P acted in bad

faith+ they are treated as haing both acted in good faith! 0ence+the owner of the materials is entitled to be reimbursed by the6P!

All acted in bad faith:

Their rights shall be the same as though all of them acted in goodfaith!

Requisites for the subsidiary liability of lando5ner for the valueof the materials:,! The owner of the materials has not acted in bad faith!.! The 6P has no property with which to pay!/! 'and owner appropriates the accession to himself!

Right of $)P 5ho pays o5ner of materials of its value:

The former may see@ reimbursement from the land owner for thealue of the materials and labor to preent unjust enrichment of thelandowner at the e$pense of the builder# this is true if1



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A**!))I%# *%#TI#UA -#ATURA0.&33O>A'E PROPERTY

A$A#&%#!& RI3!R $!&/*A#(! I# T! *%UR)!%2 RI3!R

Rule: Rier beds which are abandoned through the*AT%RA' change in the course of waters ipso factobelong to the owners whose lands are occupied by the newcourse in proportion to the area lost!Requisites:,! There must be a natural change in the course of the

waters of the rier# the law spea@s of change of riercourse such that if a rier simply dries up ordisappears+ the bed left dry will belong to publicdominion# the rier must continue to e$ist with a newbed!

.! The change must be abrupt or sudden# the changemust be more or less permanent in nature# the changein the rier course must leae dry the old bed andopen up a new bed!

0oweer+ the owners of land adjoining the old bed aregien preferential right to ac"uire the same by paying thealue thereof to promote the interest of agriculture becausethe riparian owners of the old course?bed can bettercultiate the same! The indemnification to be paid shall not

e$ceed the alue of the area occupied by the new bed!

i0er beds are part of public do(ain. n this case, thereis abandon(ent by the go0ern(ent of its right o0er the oldbed. &he o6ner of the in0aded land auto(atically ac?uireso6nership of the sa(e 6ithout the necessity of any for(alact on his part.

In proportion to the area losti(plies that there aret6o or (ore o6ners 6hose lands are occupied by the ne6bed. &herefore, if only one o6ner lost a portion of his land,the entire old bed should belong to hi(.


#!8 RI3!R $!& 8IT%UT A$A#&%#"!#T

Rule: 9heneer a rier+ changing its course by *AT%RA'causes+ opens a new bed through a priate estate+ this bedshall become of public dominion!

&he bed of a public ri0er or strea( is of publico6nership. f the ri0er changes its course and opens a ne6bed, this bed beco(es of public do(inion e0en if it is on

pri0ate property.

&he la6 does not (ae any distinction 6hether the ri0er

is na0igable or not.


$RA#*I#( %2 *%UR)! %2 RI3!R

Rule: 9heneer the current of a rier diides itself intobranches+ leaing a piece of land or part thereof isolated+the owner of the land retains his ownership thereto! 0ealso retains ownership to a portion of his land separatedfrom the estate by the current!

The proision does not refer to the formation of islands throughaccretion+ but refers to the formation of an island caused by a rierdiiding itself into branches resulting in1a! &solation (without being physically transferred) of a piece of land

or part thereof# OR

b! 6eparation (physical transfer+ but not to the point of becomingaulsion) of a portion of land from an estate by the current

&he o6ner preser0es his o6nership of the isolated or separatedproperty.

&he la6 does not (ae any distinction 6hether the ri0er isna0igable or not.


2%R"ATI%# %2 I)0A#&)

Rules:

,! If formed on the seas 5ithin the jurisdiction of thePhilippines; on la7es; or on navigable or floatable rivers:theisland belongs to the 6tate as part of its patrimonial property!

A na0igable ri0er is one 6hich in its natural state affords achannel for useful co((erce and not such as is only sufficient tofloat a banca or a canoe.

.! If formed in non = navigable and non = floatable rivers:

a! &t belongs to the nearest riparian owner+ or owner of the marginor ban@ nearest to it as he is considered on the best position tocultiate and deelop the island!

b! &f the island is in the middle of the rier+ the island is diidedlongitudinally in hales! &f the island formed is longer than theproperty of the riparian owner+ the latter is deemed ipso juretobe the owner of that portion which corresponds to the length ofthat portion of his property along the margin of the rier!

c! &f a single island be more distant from one margin than from theother+ the owner of the nearer margin shall be the sole ownerthereof!

A**!))I%# *%#TI#UA -I#&U)TRIA0.

3O>A'E PROPERTYA&U#*TI%# %R *%#U#*TI%#

&efinition: &t is the union of . moable things belonging to differentowners in such a way that they form a single object+ but each one ofthe component things preseres its alue!

*haracteristics:

,! There are two moables belonging to different owners!.! They are united in such a way that they form a single object!/! They are so inseparable that their separation would impair their

nature and result in substantial injury to either component!

inds:

,! &nclusion or engraftment (e!g! 8iamond is set on a gold ring)!

.! 6oldadura or soldering (e!g! 'ead is united or fused to an objectmade of lead# it is ferruminacion if both the accessory andprincipal objects are of the same metal# and plumbatura if theyare of different metals)!

/! Escritura or writing (e!g! when a person writes on paperbelonging to another)!

B! Pintura or painting (e!g! when a person paints on canasbelonging to another)!



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G! Tejido or weaing (e!g! when threads belonging todifferent owners are used in ma@ing te$tile)!

;here adjunction in0ol0es 2 or (ore things, the

follo6ing rules shall also be applied e?uitably.

Rules: Senti(ental 0alue shall be duly appreciated.

,! A&U#*TI%# I# (%%& 2AIT: &f the union too@place without bad faith+ the owner of the principal thingac"uires the accessory+ with the obligation toindemnify the owner of the accessory for its alue!

Tests to determine the principal in adjunction: &n theorder of application+ the principal is that1a! To which the accessory has been united as an

ornament or for its use or perfection (R%'E O=&3PORTA*E A*8 P%RPO6E)!

b! Of greater alue+ if they are of une"ual alues!c! Of greater olume+ if they are of an e"ual alue!d! Of greater merits ta@ing into consideration all the

pertinent legal proisions applicable as well as thecomparatie merits+ utility and olume of theirrespectie things!

&n paintings and sculpture+ writings+ printed matter+engraing and lithographs+ the board+ metal stone+ canas+paper or parchment shall be deemed the accessory thing!

.! A&U#*TI%# I# $A& 2AIT: &f the union too@ placein bad faith+ the following rules shall apply1

a, $ad faith on the part of o5ner of accessory:

&! 0e shall lose the thing incorporated+ A*8&&! 0e shall be liable for damages to the owner of

the principal thing+ or the payment of the price+including its sentimental alue as appraised bye$perts!

&&&! The principal may demand for the deliery of athing e"ual in @ind and alue and in all other

respects to that of the principal thing+ or thepayment of the price+ including its sentimentalalue as appraised by e$perts!

b, $ad faith on the part of the o5ner of the principal:

The owner of the accessory thing is gien the option either1

&! To re"uire the owner of the principal thing to paythe alue of the accessory thing+ plus damages!

&&! To hae the accessory thing separated een if itbe necessary to destroy the principal thing+ plusdamages!

&&&! The accessory may demand for the deliery of athing e"ual in @ind and alue and in all otherrespects to that of the accessory thing+ or thepayment of the price+ including its sentimentalalue as appraised by e$perts!

c, $oth parties in bad faith: their respectie rights are

to be determined as though both acted in good faith!

8!# )!PARATI%# %2 TI#() U#IT!& A00%8!&

a! &n case of separation without injury+ their respectie ownersmay demand their separation!

b! &n case the accessory is much more precious than theprincipal+ the owner of the accessory may demand itsseparation een though the principal may suffer injury!

c! &n case the owner of principal acted in bad faith!

A**!))I%# *%#TI#UA -I#&U)TRIA0.3O>A'E PROPERTY

*%""I@TI%# %R *%#2U)I%#

&efinition: Ta@es place when two or more things belonging todifferent owners are mi$ed or combined with the respectie identitiesof the component parts destroyed or lost!

*ommi1tion/confusion Adjunction

There is a greater degree ofinterpenetration+ and in certaincases+ een decomposition ofthe things which hae been

mi$ed!

%nion of two moable things insuch a way that they form asingle object but each one of

the component thingspreseres its alue!

Strictly speaing, there is no accession in (i=ture since there isneither a principal nor an accessory.

inds:The mi$ture may be oluntary or by chance!

,! *ommi1tion or the mi$ture of solid things belonging to differentowners!

.! *onfusion or the mi$ture of li"uid things belonging to differentowners!

Rules:Senti(ental 0alue shall be duly appreciated.

,! "i1ture by 5ill of both the o5ners or by chance:

a! Their rights shall first be goerned by their stipulations!b! &f the things mi$ed are of the same @ind and "uality+ there is no

conflict of rights+ and the mi$ture can easily be diided betweenthe . owners!

c! &f the things mi$ed are of different @ind and "uality+ in theabsence of a stipulation+ each owner ac"uires a right or interestin the mi$ture in proportion to the alue of his material as in co7ownership!

.! "i1ture caused by an o5ner in good faith or by chance:

a! Their rights shall first be goerned by their stipulations!b! &f the things mi$ed are of the same @ind and "uality+ there is no

conflict of rights+ and the mi$ture can easily be diided betweenthe . owners!

c! &f the things mi$ed are of different @ind and "uality+ in theabsence of a stipulation+ each owner ac"uires a right or interestin the mi$ture in proportion to the alue of his material as in co7ownership!

!oEo6nership arises 6hen the things (i=ed are of different indsor ?uality. &he e=penses incident to separation shall be borne by allthe o6ners in proportion to their respecti0e interests in the (i=ture.

/! "i1ture caused by an o5ner in bad faith: The owner in badfaith not only forfeits the thing belonging to him but also

becomes liable to pay indemnity for the damages caused to theother owner!



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B! "i1ture by both o5ners in bad faith:There is badfaith when the mi$ture is made with the @nowledgeand without the objection of the other owner!Accordingly+ their respectie rights shall be

determined as though both acted in good faith!

A**!))I%# *%#TI#UA -I#&U)TRIA0.3O>A'E PROPERTY

)P!*I2I*ATI%#

&efinition: Ta@es place wheneer the wor@ of a person isdone on the material of another+ and such material+ as aconse"uence of the wor@ itself+ undergoes atransformation!

,! 8or7er and o5ner of the materials in good faith:The wor@er becomes the owner of the

wor@?transformed thing but he must indemnify theowner of the material for its alue!

!1ception: If the material is more precious or of morealue than the wor@?transformed thing+ the owner of thematerial may choose1

a! To appropriate the new thing to himself but must payfor the alue of the wor@ or labor+ OR

b! To demand indemnity for the material!

.! 8or7er in bad faith but the o5ner of the materialin good faith: The owner of the material has theoption either1

a! To appropriate the wor@ to himself without paying thema@er+ OR

b! To demand the alue of the material plus damages!

0imitation: The first option is not aailable in case thealue of the wor@+ for artistic or scientific reasons+ isconsiderably more than that of the material+ to preentunjust enrichment!

/! %5ner of the materials in bad faith but the 5or7eris in good faith:The owner of the material is in badfaith when he does not object to the employment ofhis materials! Accordingly+ he shall lose his materialsand shall hae the obligation to indemnify the wor@erfro the damages he may hae suffered (Art! BHC byanalogy+ Tolentino)!

B! $oth o5ners are in bad faith: Their rights shall bedetermined as though both acted in good faith!

Adjunction; "i1ture; and )pecification distinguished:

,! &n Adjunction and 3i$ture+ there would be at least twothings+ while in the 6pecification+ there may be onlyone thing whose form is changed!

.! &n Adjunction and 6pecification+ the component partsretain or presere their nature+ while in 3i$ture+ thethings mi$ed may or may not retain their respectieoriginal nature!

/! &n Adjunction and 6pecification+ the principle that Iaccessoryfollows the principal5 applies+ while in 3i$ture+ co7 ownershipresults!

APPRAI)A0 %2 )!#TI"!#TA0 3A0U!: )entimental alue shallbe duly appreciated in the payment of the proper indemnity inaccessions with respect to moable property!

Senti(ental 0alue attached to a thing is not al6ays easy toesti(ate, as such it (ay be considered by the court.

&t is a semblance of title+ either legal or e"uitable+ or a claim or a rightin real property+ appearing in some legal form which is+ in fact+ inalidor which would be ine"uitable to enforce!

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anticipated cloud is one which+ if it e$isted+ would beremoed by suit to "uite title!

*0%U& &U! T% !@TI#(UI)"!#T %2 RI(T %RPR!)*RIPTI%#: 9hen the contract+ instrument or other

obligation has been e$tinguished or has terminated+ or hasbeen barred by e$tinctie prescription+ there may also bean action to "uiet title or to remoe a cloud therefrom!#ature of actions to quiet title:a! These actions are not technically suits in rem+ nor are

they strictly spea@ing+ in person+ but being against theperson in respect of the res+ wherein the judgmentdoes not e$tend beyond the property in controersy+these proceedings ac"uire a status that may becharacteri:ed as suits quasi in rem,

b! The action may be brought as an independent ciilaction!

c! Petitions for "uieting of title should ta@e precedenceoer ejectment case to preent multiplicity of suits!

Property to 5hich action is applicable:a! Real property or any interest therein!b! ertain types of personal property (e!g! essels+ motor

ehicles+ certificate of stoc@s) which parta@e of thenature of real property or are treated to some e$tentas realty because of registration re"uirements forownership or transactions!

!1amples/Instances of cloud of title:a! An absolute fictitious contract of sale or a sale of

simulated consideration!b! A sale by an agent without written authority or after

e$piration of his authority!c! A forged contract!d! A contract of sale or donation which has become

imperatie because of non -performance by theendee or donee of a condition precedent!

e! A oidable contract!

Action to quiet title Action to remove a cloud

Purpose is to put an end to

troublesome litigation in respectto the property inoled!

Purpose is the remoal of a

possible foundation for a futurehostile action!

A remedial action inoling apresent aderse claim!

A preentie action to preent afuture cloud on the title!

Plaintiff asserts his own estateand declares 4E*ERA''Y thatdefendant claims some estate inthe land+ without defining it+ andaers that the claim is withoutfoundation+ and calls on the

defendant to set forth the natureof his claim+ so that it may be

determined by decree!

Plaintiff declares his own titleand aers the source and

nature of defendant5s claim+point out its defect+ and prays

that it be declared oid!

PR!)*RIPTI$I0IT' %2 A*TI%#:a! An action to "uiet title brought by a person who is in

possession of the property is imprescriptible!b! &f the plaintiff is not in possession of the property+ he

must ino@e his remedy within the proper prescriptieperiod of ten or thirty years depending on ordinary ore$traordinary prescription!

&efenses against quieting of title:a! Prescription!b! Ac"uisition by the defendant of the title to the property

by aderse possession!c! Res judicata!

Reliefs:a! The instrument constituting the cloud is decreed to be

surrendered and cancelled!b! &n case of a cloud which has been cast upon title by alteration in

a deed+ relief may be awarded by decreeing restoration of the

deed to its original state!

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d! 2ortuitous event or chance - as in cases ofcommi$tion and confusion caused by accident orchance+ and of hidden treasure accidentallydiscoered by a stranger on the land of another!

e! %ccupancy - when . persons catch a wild beast orgather forest products!

)AR! %2 *%=%8#!R) I# $!#!2IT) A#&*AR(!): &t shall be proportional to their respectieinterests in the co7ownership! Any stipulation in a contractto the contrary shall be oid!

&he article speas of stipulation in a contractB. Hence,if the coEo6nership is created other than by a contract '6illor donation), the share of the co+o6ners need not be

proportionate to their respecti0e interests '>* "*$9).

0I"ITATI%#) %# *%=%8#!RB) RI(T %2 U)!:Each co-owner may use the thing owned in commonproided he does so1

+, To the purpose for 5hich the co=o5nership isintended,

&o deter(ine the purpose for 6hich the property isintended, the agree(ent of the parties should go0ern. n

default of such agree(ent, it is understood that the thing isintended for that use for 6hich it is ordinarily accepted toits nature, or the use to 6hich it has been pre0iouslyde0oted.

The purpose of the co7ownership may be changed byagreement+ e$press or implied!

#ere tolerance on the part of the coEo6ners cannotlegali4e the change in the use of a thing fro( that intendedby the parties.

, 8ithout prejudice to the interests of the co=

o5nership,

A coEo6ner cannot de0ote co((unity property to hise=clusi0e use.

A co+o6ner (ay not con0ey or adjudicate to hi(self infee si(ple, by (etes and bounds, a deter(inate physical

portion of real estate o6ned in co((on.

9, 8ithout preventing the other co=o5ners fromusing it according to their rights,

&he coEo6ners (ay establish rules regarding their use

of the thing o6ned in co((on. n default thereof, thereshould be a just and e?uitable distribution of uses a(ongall the coEo6ners.

!!*T"!#T )UIT:a! an be brought by anyone of the co-owners!

A coEo6ner (ay bring such an action 6ithout the necessity ofjoining all the other coEo6ners as coEplaintiffs because the suit is

dee(ed to be instituted for the benefit of all.

Ho6e0er, if the action is for the benefit of the plaintiff alone,such that he clai(s the possession for hi(self and not for the coEo6nership, the action 6ill 9$& prosper.

b! Action may be brought not only against strangers but eenagainst a co-owner!

&he effect of the action 6ill be to obtain recognition of the coEo6nership. &he defendant cannot be e=cluded because he has aright to possess as a coEo6ner, and the plaintiff cannot reco0er any(aterial or deter(inate part of the property.

c! An aderse decision in the action is not necessarily resjudicata with respect to the other co-owners not being partiesto the action+ but they are bound where it appears that theaction was instituted in their behalf with their e$press orimplied consent!

!@P!#)!) %2 PR!)!R3ATI%# A#& T% TA@!): Each co7ownershall hae a right to compel the other co7owners to contribute to thee$penses of preseration of the thing or right owned in common andto the ta$es in proportion to their interest therein!

*=penses of preser0ation 'necessary e=penses) include all those6hich, if not (ade, 6ould endanger the e=istence of the thing orreduce its 0alue or producti0ity. &hey do not i(ply an i(pro0e(ent orincrease.

&here is no other re(edy a0ailable against the coEo6ner 6horefuses to pay his share in the e=penses of preser0ation e=cept anaction to co(pel hi( to contribute such share.

Failure to contribute does not a(ount to a renunciation of anyportion of share in the coEo6nership. &he coEo6ner in default cannotbe co(pelled to renounce his share therein. enunciation is a0oluntary and free act.



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Remedy of a co?o5ner: Any one of the latter may e$empthimself from this obligation by renouncing so much of hisundiided interest as may be e"uialent to his share of thee$penses and ta$es!

Prejudicial renunciation: *o such waier shall be made ifit is prejudicial to the co7ownership!

&llustration1 &n a building owned in common+ urgent repairsare needed! Otherwise+ the building is going to collapse! Aowns .?/ interest in the building+ and and own ,?A'E6 A*8 REA'R&40T6 9&T0 RE6PET TO T0&R8 PER6O*6

-

third persons are not prejudiced e$cept inaccordance with the proisionss of the mortgagelaw and registration law

ART! GGLPO66E66ORY AT6 O= A 3ERE 0O'8ER

7the possessor referred in this proision is the samepossessor mentioned in art! G.G#7acts relating to possession of a mere holder do not bind orprejudice the possessor in the concept of owner unlesssaid acts were preiously authori:ed or subse"uentlyratified by the latter#7possession may be ac"uired for another by a strangerproided there be subse"uent ratification

ART! GGJR&40T O= PO66E66OR 90O A%&RE6 3O>A'E'A&3E8 Y A*OT0ER

if the ac"uisition was in good faith+ below are therules1

,! possession e"uialent to a title

8OTR&*E O= &RRE&*>&*8&A&'&TY proides thatpossession of a moable is presumed ownership# it is

e"uialent to a title# no further proof is necessary

- the rule is necessary for the purposes offacilitating transactions on moable property

which are usually done without specialformalities#

- the possessor5s title is howeer not absolute# it ise"uialent to title but not title itself# it is merelypresumptie because it can be defeated by thetrue owner

.! where owner or possessor has lost or has beenunlawfully depried of a moable

- right of ownership+ a real right#- it is howeer necessary in order that the owner of

a chattel may contest the apparent title of thepossessor that he present ade"uate proof of theloss or illegal depriation#

- the legitimate owner or possessor should aailhimself of the proper remedy of replein underthe Rules#

- non - payment of price by transferor only createsa right to demand payment or to rescind thecontract+ or to criminal prosecution in the case ofbouncing chec@s

/! where the property was ac"uired at a public sale - theowner cannot recoer without reimbursing the pricepaid therefor#

B! the rule is that no one can gie what he has not# saleis a deriatie mode of ac"uiring ownership and theendee gets only such rights the endor had#

Kthe ff are some e$ceptions1- where the owner of the moable is+ by his

conduct+ precluded from denying the seller5sauthority to sell#

- where the law enables the apparent owner todispose of the moable as if he were the trueowner thereof#

- where the sale is sanctioned by statutory or judicialauthority

ART! G

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- uniersal#- particular

impairment of object of usufruct is allowed into1,! normal - that which inoles non - consumable things

which the usufructuary can enjoy without altering theirform or substance+ though they may deteriorate ordiminish by time or by the use to which they areapplied# it is also @nown as perfect or regularususfruct#

.! abnormal - that which inoles things which would beuseless to the usufructuary unless they are consumedor e$pended

K8&6T&*4%&60E8 =RO3 'EA6E

,! as to nature of right - usufruct is always a real right+lease is generally a personal right#

.! as to creator of right - in usufruct+ the person creatingit should be the owner or his duly authori:ed agent+

while in lease+ the lessor may not be the owner#/! as to origin - usufruct may be created by law+

contract+ or will of the testator or by prescription+ whilelease is generally created by contract#

B! as to e$tent of enjoyment - usufruct coers all thefruits and all the uses and benefits of the entireproperty+ while lease generally refers to certain usesonly#

G! as to cause - usufruct inoles a more or less passieowner who allows the usufructuary to enjoy the object

gien in usufruct+ while lease inoles a more actieowner or lessor who ma@es the lessee to enjoy#

ART! G

c! to personally enjoy the thing in usufruct or lease it to another#d! to ma@e on the property in usufruct such improements or

e$penses he may deem proper and to remoe theimproements proided no damage is caused to the property#5

e! to set - off the improements he may hae made on theproperty against any damgae to the same#

f! to retain the thing until he is reimbursed for adances for

e$traordinary e$penses and ta$es on the capital#

C. as to the usufruct itself

a! to alienate the right of usufruct e$cept parental usufruct#b! in a usufruct to recoer property or a real right+ to bring the

action and to oblige the owner thereof to gie him properauthority and necessary proof#

c! in a usufruct pf part of a common property+ to e$ercise all therights pertaining to the co - owner with respect to theadministration and collection of fruits or interests from theproperty#

2. as to ad0ances and da(ages

a! to be reimbursed for indespensable e$trsordinary repairs madeby him in an amount e"ual to the increase in alue which theproperty may hae ac"uired by reason of such repairs#

b! to be reimbursed for ta$es on the capital adanced by him#c! to be indemnified for damages caused to him by the na@ed

owner#

right of usufructuary to fruits

a! he has the right to receie all the fruits e$cept where theusufruct is constituted only on a part of the fruits of a thing or

where there is an agreement to the contrary#b! the na@ed owner retains and can e$ercise all rights as owneroer the property limited only by the right of enjoyment of theusufructuary

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.! fruits growing at the termination of the usufruct belongto the owner but he is bound to reimburse theusufructuary the ordinary cultiation e$penses out ofthe fruits receied

note1 the rights of third persons are protected

ART! GER

- the proision applies if the purpose of the action is torecoer real property or personal property#

- under the Rules of ourt+ eery action must be brought inthe name of the real party in interest# hence+ the actionmay be instituted in the name of the usufructuary

ART! GHJ90ERE %6E=%' OR '%2%R&O%6 &3PRO>E3E*T6 ARE 3A8EY T0E %6%=R%T%ARY

- the usufructuary has the right to ma@e improements+useful or lu$urious+ on the property held in usufruct as hemay deem proper

rules1

,! in the e$ercise of the right+ he must not alter the form orsubstance of the property#

.! he may remoe the improements only if it is possible to do sowithout damage to the property#

/! he has no right to be indemnified for the improements if hedoes not e$ercise his right to remoe#



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B! if the improements cannot be remoed withoutdamage+ he may se - off the same against anydamage caused by him to the property#

G! if the usufructuary does not wish to e$ercise his rightof remoal+ the owner cannot compel him to remoe

the improements#

H! the usufructuary5s right to remoe the improementsincludes the right to destroy them proided no damageis caused to the property#

L! the right to remoe is enforceable only against theowner+ but not against a purchaser in good faith to

whom clean title has been issued

ART! GLCR&40T TO 6ET - O== &3PRO>E3E*T6

-the article presupposes that the improementshae increased the alue of the property and thedamage to the same was caused through thefault of the usufructuary#

- if the damage e$ceeds the alue of theimproements+ the usufructuary is liable for thedifference as indemnity#

- if the alue e$ceeds the damage+ he may remoethe portion of the improements representing thee$cess in alue if this can be done without injuryto the property# otherwise the e$cess in alueaccrues to the owner#

ART! GL,R&40T6 A*8 O'&4AT&O*6 O= T0E *AE8O9*ER

,! he may alienate the property in usufruct becausethe title remains ested in him#

.! he cannot+ howeer+ alter the form andsubstance of the property or do anything thereon

which may cause a diminution in the alue of theusufruct or be prejudicial to the rights of theusufructuary

ART! GL.%6%=R%T O= PART O= O33O* PROPERTY

a co - owner of property has full ownership of his part

and+ he may+ therefore+ alienate+ assign+ mortgage+ orgie it in usufruct without the consent of the otherse$cept when personal rights are inoled

,! in case a co - owner gies the usufruct of his share toa person+ the usufructuary shall e$ercise all the rightspertaining to the co -owner regarding theadministration and the collection of the fruits orinterest from the property#

.! the usufructuary shall be bound by the partition madeby the owners of the undiided property although hetoo@ no part in the partition but the na@ed owner to

whom the part held in usufruct has been allotted mustrespect the usufruct#

/! the right of the usufructuary is not affected by thediision but is limited to the fruits of said part allottedto the co - owner

!HAP&* 2$%"GA&$9S $F &H*

classifications of obligations of the usufrcutuary

,! those before the usufruct begins1a! to ma@e an inentory of the property#b! to gie security

.! those during the usufruct1

a! to ta@e care of the property#b! to replace with the young thereof animals that die or are lost in

certain cases when the usufruct is constituted on the floc@ orherd of liestoc@#

c! to ma@e ordinary repairs#d! to notify the owner of urgent e$traordinary#e! to permit wor@s and improements by the na@ed owner not

prejudicial to the usufruct#f! to pay annual ta$es and charges on the fruits#g! to pay interest on ta$es and charges on the fruits#h! to pay debts when the usufruct is constituted on the whole of a

patrimony#i! to secure na@ed owner5s or court5s approal to collect credits in

certain cases#j! to notify the owner of any prejudicial act committed by third

persons#@! to pay for court e$penses and costs regarding usufruct

/! those at the termination of the usufruct

a! to return the thing in usufruct to the na@ed owner unless there isa right of retention#

b! to pay legal interest for the time that the usufruct lasts+ on theamount spent by the owner for e$traordinary repairs and theproper interest on the sums paid as ta$es by the owner#

c! to indemnify the na@ed owner for any losses due to his

negligence or of his transferees

ART! GLB90E* O'&4AT&O* TO 3AE 6E%R&TY *OT APP'&A'E

the proision contains the legal e$ceptions to the obligations of

the usufructuary to gie security in two cases#

the e$ceptions are clearly justified#

Dsecond marriage includes any subse"uent marriage#

the donor or the parents are not e$empted from the obligation of

ma@ing an inentoryJ

ART! GLG90E* T0E O'&4AT&O* TO 3AE A* &*>E*TORY OR TO 4&>E6E%R&TY E2%6E8

,! where the na@ed owner renounces or waies his right to theinentory or security#

.! where the title constituting the usufruct reliees the usufructuaryfrom the obligation#

/! where the usufructuary as@s that he be e$empted from theobligation and no one will be injured thereby

ART! GLE E==ET O= 4&>&*4 6E%&RTY

- the artic@e applies where the usufructuary who isre"uired to gie security gies the security afterthe commencement of the usufruct#

- failure to gie the needed security may depriethe usufructuary of the right to enjoy thepossession of the property in usufruct#

- howeer+ once the security is gien+ he is entitledto all the proceeds and benefits of the usufructaccruing from the day on which he should haecommenced to receie them

ART! GLJ

O'&4AT&O* TO TAE ARE O= T0E PROPERTY

- this is an obligation of the usufructuary during theusufruct#

- it includes the ma@ing of ordinary repairs neededby the thing gien in usufruct#

ART! GJC'&A&'&TY =OR =A%'T OR *E4'&4E*E O=6%6T&T%TE

7the liability of the usufructuary is founded on his duty topresere the form and substance on the thing in usufruct

ART! GJ,%6%=R%T O* A ='O A*8 0ER8 O= '&>E6TO

,! usufructuary has the duty to ma@e replacementsalthough the death of the animals is due to naturalcauses#

.! under par! . there is no duty to replace proided theusufructuary is without fault#

/! if the animals are sterile+ nad +therefore+ they cannotbe replaced by the young thereof+ the usufruct shall betreated as constituted on fungible things+ in such caseart! GHB applies

ART! GJ.

O'&4AT&O* TO 3AE OR8&*ARY REPA&R6

,! the usufructuary is bound to ma@e the repairs referred to withoutthe necessity of demand from the owner#

.! the usufructuary is not liable for deterioration resulting from wear

nad tear not due to his fault or negligence unless thedeterioration could hae been preented or arrested by ordinaryrepairs and he failed to ma@e them without aluid reason

ART! GJ/ in relation to ART! GJB8%TY O= O9*ER TO PAY =OR E2TRAOR8&*ARY REPA&R6

the law does not impose an obligation on the na@ed owner or

the usufructuary to ma@e e$traordinary repairs on the property inusufruct# it is optional for them to ma@e such repairs or not

Kthe ff are e$traordinary repairs1

,! those re"uired by the wear and tear due to the natural use of thething but not indespensable for its preseration#

.! those re"uired by the deterioration of or damage to the thingcaused by e$ceptional circumstances but not indispensable forits preseration#

/! those re"uired by the deterioration of or damage to the thingcaused by e$ceptional circumstances and are indispensable forits preseration

payment for e$traordinary repairs1

- the rules depend on the @ind of e$traordinary repairs in thesame se"uence aboe

the usufructuary+ li@e a possessor in giid faith+ has the right of

retention een after the termination of the usufruct until he isreimbursed for the increase in alue of the property caused bye$traordinary repairs for preseration

ART! GJGO*6TR%T&O*6+ &3PRO>E3E*T6+ A*8 P'A*T&*46 YO9*ER

- any increase in the alue of the usufruct due to theimproements will inure to the benefit of the usufructuaryfor he is entitled to the use and fruits of the property#

-the owner has no right to demand legal interest on hise$penses because they were oluntarily incurred by him#

- the owner may een alienate his property or ma@e changesthereon as long as he does not impair the right of theusufructuary

ART! GJ< in relation to ART! GJH'&A&'&TY =OR 0AR4E6 A*8 TA2E6

,! e$penses affecting fruits1- usufructuary must pay the annual charges and ta$es which

are imposed and+ therefore+ are a lien upon the fruitsduring the term of the usufruct#

.! land ta$es#/! ta$es leied on the capital1

- must be paid by na@ed owner but he has the right todemand from the usufructuary the proper interest on thesums paid

ART! GJL90ERE %6%=R%T O>ER6 E*T&RE PATR&3O*Y

- the proision applies to a uniersal usufruct or one whichcoers the entire patrimony of the owner+a nd at the time ofits constitution+ by donation or any other acts inter ios#

,! where there is a stipulation for the payment by the usufructuaryof the debts of the owner+ the former is liable only for debts



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contracted by the latter before the constitution of theusufruct#

.! in the absence of a stipulation+ the usufruct shall beresponsible only when the usufruct was created infraud of creditors which is always presumed when the

owner did not resere sufficient property to pay hisdebts prior to the creation of the usufruct

ART! GJJ%6%=R%T O* 3AT%RE8 RE8&T6

,! if the usufruct has gien sufficient security+ he mayclaim matured credits forming part of the usufruct+collect them+ and use and inest with or withoutinterest the capital collected in any manner as he maydeem proper#

.! if he has not gien security+ or that gien is notsufficient+ or he has been e$cused from giingsecurity+ he may collect the credits and inest thecapital which must be at interest+ with the consent ofthe na@ed owner or approal of the court

ART! A'E6

- under this proision+ the usufruct is particular+constituted by will or by acts inter ios+ whetherby onerous or gratuitous title#

- if the usufruct is uniersal+ the liability of theusufructuary to pay for the mortgage is goernedby art! GJL#

-since the mortgage is on the property itself+ thedebt must be paid by the owner#

- the usufructuary may mortgage his right ofusufruct which is a real right

ART! a usufruct is not e$tinguished by bad use of the thing in usufruct

ART!

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the article is

36955455-property

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