ateneo-2007 property reviewer

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law SUMMER REVIEWER

—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, John Paul Lim; Subject Head: Abbiegail Sac; Pledgees: Floreida Apolinario, Gianfranco Gomez—

L A W O N P R O P E R T Y

T i t l e I – P R O P E R T Y

PROPERTY An object or a right which is appropriated or susceptible of appropriation by man, with capacity to satisfy human wants and needs.

CLASSIFICATION OF PROPERTY:

1. Mobility and Non-mobility a. Movable or personal property b. Immovable or real property 2. Ownership

a. Public dominion or ownership b. Private dominion or ownership

3. Alienability a. Within the commerce of man (or which

may be the objects of contracts or judicial transactions)

b. Outside the commerce of man 4. Existence

a. Present property (res existents) b. Future property (res futurae)

(NOTE: Both present and future property may be the subject of sale but generally not the subject of donation.)

5. Materiality or Immateriality a. Tangible or corporeal b. Intangible or incorporeal

6. Dependence or Importance a. Principal b. Accessory

7. Capability of Substitution a. Fungible – capable of substitution by other

things of the same quality and quantity b. Non-fungible – incapable of such

substitution, hence, the identical thing must be given or returned

8. Nature or Definiteness a. Generic – one referring to a group or class b. Specific – one referring to a single, unique

object 9. Whether in the Custody of the Court or

Free a. In “custodia legis” – in the custody of the

court b. “free” property

CHARACTERISTICS:

1. Utility for the satisfaction of moral or economic wants

2. Susceptibility of appropriation

3. Individuality or substantivity, that is, it can exist by itself and not merely as a part of a whole.

Art. 415. IMMOVABLE PROPERTY Art. 416. MOVABLE PROPERTY JURIDICAL CLASSIFICATION OF IMMOVABLE PROPERTIES: (NIDA)

1. By nature – cannot be moved from place to place because of their nature (ART 415 par 1 & 8 NCC) a. and buildings & all kinds of constructions

adhered to soil b. mine, quarries

Bicerra v Teneza, 6 SCRA 649 (1962) ISSUE: Whether a demolished house is real property or continues to be real property? HELD: NO. A house is classified as immovable property by reason of its adherence to the soil on which it is built. This classification holds true regardless of the fact that the house may be situated on land belonging to a different owner. But once the house is demolished, as in this case, it ceases to exist as such and hence its character as an immovable likewise ceases.

2. By incorporation – essentially movables but

attached to an immovable that it becomes an integral part of it (ART 415 par 2,3,4,6) a. trees, plants & growing fruits adhered to

soil b. everything attached to an immovable in a

fixed manner that it will break if separated c. statues, paintings if intended by owner to

be integral part of immovable and placed only by owner or his agent

d. animal houses if intended by owner to become permanently attached to immovable

3. By destination – movables but purpose is to

partake of an integral part of an immovable (ART 415 par 4,5,6,7,9) a. machinery placed by owner of the

tenement or his agent & tend directly to meet the needs of such works/industry

REQUISITES:



Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

Page 41 of 297

i. industry or works must be carried on inside the building or on the land (thus a transportation business is not carried on in a building or in the compound)

ii. placed by the owner of the building or property

Davao Sawmill v Castillo, 61 Phil 709 (1935)

Machinery which is movable in its nature only becomes immobilized when placed in a plant by THE OWNER of the property or plant

BUT NOT when so placed by a TENANT, a usufructuary or any person having only temporary right, unless such person acted as the agent of the owner

iii. machines must be essential and

principal elements in the industry

b. fertilizers – actually used on a piece of land

c. docks & floating structures – intended by

their nature and object to remain at a fixed place on a river, lake or coast.

Rubiso v Rivera, 37 Phil 72 (1917)

Vessels are essentially movable but they partake to a certain extent of the nature and conditions of real property due to their value and importance.

4. By analogy/by law – contracts for public

works, servitude & other real rights over immovable property (ART 415 par 10)

MOVABLE PROPERTY: (SIFTOS)

1. Susceptible of appropriation that are not included in enumeration in immovable

2. Immovable that are designated as movable by special provision of law

3. Forces of nature brought under control by science

4. Things w/c can be transported w/o impairment of real property where they are fixed

5. Obligations which involve demandable sums (credits)

6. Shares of stocks of agricultural, commercial & industrial entities although they may have real estate (1/2 interest in the business is personal property. Involuntary Insolvency of Strochecker v. Ramirez)

TESTS TO DETERMINE WHETHER PROPERTY IS REAL OR PERSONAL:

1. Rule of Exclusion – not included in ART 415 (inclusio unius est exclusion alterius)

2. Rule of Description – if the property can be transported from one place to another, and no injury would be suffered by it, then it is personal property, unless expressly included in ART 415

Art. 418. Movable property is either consumable or non-consumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. CLASSIFICATION OF MOVABLES:

1. According to nature a. consumable – cannot be utilized w/o

being consumed b. non-consumable

2. According to intention of the parties/purpose (whether it can be substituted by other things of same kind, quality and quantity) a. fungible (res fungibles) – only the

equivalent is returned b. non-fungible (res nec fungibles) –

identical thing is returned, do not admit of substitution

Sibal v Valdez, 50 Phil 512 (1927) Chattel Mortgage – growing crops are movable property. United States v Carlos, 21 Phil 364 (1946) ISSUE: w/n electric energy is property and therefore may be stolen HELD: YES. True test of what is a proper subject of larceny seems to be not whether the subject is corporeal or incorporeal, but whether it is capable of appropriation by another than the owner. Involuntary Insolvency of Strochechker v Ramirez, 44 Phil 933 (1922)

½ interest in the business is personal property. Art. 419. Property is either of public dominion or of private ownership.




Page 42 of 297

Art. 420. The following things are property of public dominion: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports, and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. CLASSIFICATION OF PROPERTY ACCORDING TO OWNERSHIP:

1. Public dominion – outside the commerce of men KINDS: a. intended for public use b. intended for public service of state,

provinces, cities & municipalities CHARACTERISTICS:

i. outside the commerce of men – cannot be alienated or leased or be the subject of any contract

ii. cannot be acquired by private individual through prescription

iii. not subject to attachment & execution

iv. cannot be burdened by voluntary easement

v. cannot be registered under the Land Registration Law and be the subject of a Torrens Title

vi. in general, can be used by everybody

c. for the development of national wealth

2. Private Ownership – 1. patrimonial property of state, provinces,

cities, municipalities a. exist for attaining economic ends of

state b. property of public dominion when no

longer intended for public use/service – declared patrimonial (NOTE: Patrimonial properties may be acquired by private individuals or corporations through prescription.)

2. property belonging to private persons – individually or collectively

NOTE: sacred and religious objects are considered outside the commerce of man. They are neither public nor private party.

Art. 421. All other property of the State, which is not of the character stated in the preceding article, is partrimonial property. PATRIMONIAL PROPERTY is property pertaining to the State which is not intended for public use, public service, or for the development of the national wealth. It is intended rather for the attainment of the economic ends of the State, that is, for subsistence.

• Subject to prescription • May be an object of ordinary contract

Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State.

• A property is converted from property of public dominion to patrimonial property through a formal declaration of the executive or legislative departments of the government.

• Without the declaration, the property continues to form part of the public domain and therefore cannot be the subject of acquisitive prescription.

Dacanay v Asistio Jr., 208 SCRA 404 (1992) ISSUE: May public streets or thoroughfares be leased or licensed to market stallholders by virtue of a city ordinance or resolution of the Metro Manila Commission? HELD:

NO. The right of the public to use the city streets may not be bargained away through contract. Hence, the agreement between the city government and stallholders is contrary to law and therefore void.

* Rule: local government cannot withdraw a public street from public use, unless it has been granted such authority by law. Art. 423. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. Art. 424. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities.

All other property possessed by any of them is patrimonial and shall be governed by this




3 of 297

Code, without prejudice to the provisions of special laws.

Art. 425. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively.

• Aliens have no right to acquire any public or private agricultural, commercial, or residential lands except by hereditary succession.

• Private individual has superior right over the property against the state.

T i t l e I I – O W N E R S H I P

OWNERSHIP is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the State or private persons, without prejudice to the provisions of the law. TITLE is that which constitutes a just cause of exclusive possession or which is the foundation of ownership of property KINDS OF OWNERSHIP:

1. Full ownership (dominium or jus in re propia) – includes all the rights of the owner

2. Naked ownership (nuda proprietas) – where the right to the use and the fruits has been denied

Naked ownership + usufruct = Full ownership

3. Sole ownership – ownership is vested only in one person

4. Co-ownership/Tenancy in Common – ownership is vested in two or more owners; unity of the property, plurality of the subjects

Art. 427. Ownership may be exercised over things or rights. Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to recover it.

SEVEN RIGHTS OF OWNERSHIP:

1. Jus abutendi – right to consume, transform or abuse

2. Jus accesiones – right to accessories 3. Jus disponendi – right to dispose 4. Jus fruendi – right to fruits 5. Jus possidendi – right to possess 6. Jus utendi – right to enjoy 7. Jus vindicandi – right to exclude others

from possession of the thing

ACTIONS FOR POSSESSION: 1. Movable – Replevin (return of a movable)

Note: machinery and equipment used for an industry and indispensable for the carrying on of such industry, cannot be the subject of replevin, because they are considered real properties. It is both a form of principal and of provisional remedy.

Calub v CA, 331 SCRA 55 (2000) A property that is validly deposited in custodia legis cannot be the subject of a replevin suit.

2. Immovable a. Accion Interdictal

i. forcible entry (detentacion) – used by person deprived of possession through: force, intimidation, strategy, threat, or stealth (FISTS) (issue: de facto or physical possession not juridical, must recover within 1 year from unlawful deprivation, or from discovery, in case of stealth or strategy); summary proceeding

ii. unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, must recover within 1 year from unlawful deprivation: date of last demand or last letter of demand); summary proceeding

b. accion publiciana – plenary action to recover the better right of possession; must be brought within a period of 10 years, otherwise the real right of possession is lost; issue is possession de jure not de facto; ordinary civil proceeding

c. accion reinvindicatoria – recovery of dominion of property as owner

Sarmiento v CA 250 SCRA 108 (1995)




Page 44 of 297

Where the facts averred in the complaint reveals that the action is neither one of forcible entry nor unlawful detainer but essentially involves a boundary dispute, the same must be resolved in an accion reivindicatoria. Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. PRINCIPLE OF SELF HELP – self defense

• Available only when possession has not yet been lost, if already lost – resort to judicial process

• May be exercised by 3rd person – negotiorum gestio

ELEMENTS OF SELF-HELP:

1. Person exercising rights is owner or lawful possessor

2. Can only be exercised at the time of an actual or threatened unlawful physical invasion of his property

• Aggression must be illicit or unlawful

• The existence of the danger of violation of law and right is sufficient.

3. Use force as may be reasonably necessary to repel or prevent it.

• Possessor may do all acts necessary to repel the aggression

• But may be liable for damages for excess force

Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him.

• Right to enclose or fence w/o detriment to

servitude constituted STATE OF NECESSITY is the principle which authorizes the destruction of a property which is lesser in value to avert the danger poised to another property the value of which is much greater.

• Comparative danger: Danger must be greater than damage to property. Must consider the economic and sentimental value of the property.

• The owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his reimbursement by all those who benefited.

• In case of conflict between the exercise of the right of self-help and a proper and licit state of necessity, the latter prevails because there is no unlawful aggression when a person or group of persons acts pursuant to the right given in a state of necessity,

Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property. Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim.

• Possessor of property has the presumption of title in his favor

• The person claiming better right must prove: a. That he has better title to the property b. Identity of the property

• One must depend on strength of his title and not the weakness of the defense

Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. Art. 436. When any property is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.




Page 45 of 297

EMINENT DOMAIN is the superior right of the State to acquire private property whether registered or not for public use upon payment of just compensation. It is one of the limitations of the right of ownership.

• Absolute necessity for expropriation is not required. It is enough that reasonable necessity for public use is intended.

• Just compensation is equivalent to the value of the land. (Market value plus consequential damages minus the consequential benefits)

• The market value should be determined at the time of the filing of the complaint or at the time of taking of the property, whichever transpires first.

• The ownership over the property taken is transferred only when the just compensation with proper interest had been made

ELEMENTS OF TAKING FOR PURPOSES OF EMINENT DOMAIN:

1. The expropriator must enter a private property.

2. The entrance must be for more than a momentary period.

3. The entry should be under warrant or color of legal authority.

4. Property must be devoted to a public use or otherwise informally appropriated or injuriously affected

5. Utilization of the property must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.

POLICE POWER is another limitation of the right of ownership wherein property may be interfered with, even destroyed, if so demanded by the welfare of the community. The owner of the property is not entitled to compensation REQUISITES OF POLICE POWER:

1. Interest of the public generally 2. Means are reasonably necessary for the

accomplishment of a purpose 3. It is not unduly oppressive upon individuals

Art. 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigation.

• Right to surface & everything under it only as

far as necessary for his practical interest (benefit or enjoyment)

Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.

Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.

If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. CONCEPT OF TREASURE:

1. Consists of money, jewels, or other precious objects. (not raw materials)

2. Hidden and unknown 3. Owner is unknown

RIGHT TO HIDDEN TREASURE:

1. Finder is the same as owner of the property – treasure totally belongs to him.

2. Finder is third person and he discovered it by chance – finder is entitled to one half of the value of the treasure.

3. Finder is an intruder – he is not entitled to anything

4. Finder was given express permission by the owner – subject to the contract of service and principle of unjust enrichment

Right of Ownership not absolute

1. The welfare of the people is the supreme law of the land. Salus populi suprema est lex.

2. Use your property so as not to impair the rights of other. Sic utere tuo ut alienum non laedas.

Limitation on Ownership 1. general limitations for the benefit of the State

(eminent domain, police power, taxation) 2. specific limitations imposed by law

(servitude, easements) 3. specific limitations imposed by party

transmitting ownership (will, contract)




Page 46 of 297

4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)

5. inherent limitations arising from conflicts with other similar rights (contiguity of property)

6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors)

7. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity vs. principle of unjust enrichment)

8. true owner must resort to judicial process – when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession a) identify property b) show that he has better title

NOTE: See property annexes

R I G H T O F A C C E S S I O N ACCESSION is the right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseperably united or incorporated thereto either naturally or artificially. Art. 440. The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. Art. 441. To the owner belongs:

(1) The natural fruits; (2) The industrial fruits; (3) The civil fruits.

Art. 442. Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

Industrial fruits are those produced by lands of any kind through cultivation or labor.

Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. 2 KINDS OF ACCESSION:

1. Accession discreta – refers to the fruits or products of a thing which is owned

2. Accession continua – accession to products of the thing; union of things by different persons

ACCESSION DISCRETA General Rule: The owner of the land owns the fruits. Exceptions:

1. Possessor in good faith of the land, he already owns the fruits already received

2. Usufructuary 3. Lessee gets the fruits of the land 4. Antichresis, the antichretic creditor gets the

fruits, although, said fruits should be applied first to the interest, if any is owning, and then to the principal amount of the loan

NATURAL FRUITS – spontaneous products of the soil and the young of animals INDUSTRIAL FRUITS – those produced by lands of any kind through cultivation or labor CIVIL FRUITS – rents of buildings, the price of lease of lands and other property and the amount of perpetual or life annuities or other similar income ACCESSION CONTINUA PRINCIPLES:

1. The accessory follows the principal 2. The incorporation or union must be so

intimate that the things united cannot be separated without injury to on or both of them.

3. Good faith is not punished but bad faith gives rise to dire consequences.

4. Generally based on necessity and utility. It being more practical that the owner of the principal thing should own the new thing instead of a co-ownership being established.

MAXIMS IN CONNECTION WITH ACCESSION INDUSTRIAL a. Accessorium non ducit sed sequitor suum

principali. The accessory does not lead but follows its principal

b. Accessorium sequitor naturam rei cui accedit. The accessory follows the nature of that to which it relates

c. Aedificatum solo, solo cedit. What is built upon the land goes with it; or the land is the principal, and whatever is built on it becomes the accessory.

Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third




Page 47 of 297

person in their production, gathering, and preservation. OBLIGATIONS:

1. Gathered Fruits Planter Owner

Planter in GF

Keeps fruits No necessity to reimburse the planter of expenses since he retains the fruits

Planter in BF

Reimbursed for expenses for production, gathering, and preservation

Gets fruits, pay planter expenses

2. Standing Crops

PLANTER OWNER Planter in GF Reimbursed

for expenses for production, gathering, and preservation

Owns fruits provided he pays planter expenses for production, gathering, and preservation. (forced co-ownership)

Planter in BF Loses everything. No right to reimbursement

Owns fruits

Art. 444. Only such as are manifest or born are considered as natural or industrial fruits.

With respect to animals, it is sufficient that they are in the womb of the mother, although unborn.

• Bar Question (RE: Offspring of Animals)

To whom does the offspring of animals belong when the male and female belong to different owners? Ans: Under the Partidas, the owner of the female was considered also the owner of the young, unless there is a contrary custom or speculation. The legal presumption, in the absence of proof to the contrary, is that the calf, as well as its mother belong to the owner of the latter, by the right of accretion. (US v. Caballero, 25 Phil 356). This is

also in accord with the maxim “pratus sequitor ventrem” (the offspring follows the dam—or mother).

Art. 445. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages. Art. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity. Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.

QuickTime™ and aTIFF (Uncompressed) d

are needed to see th


Page 48 of 297

ecompressoris picture.

Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. Art. 453. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith.

It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part. Art. 454. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay.

This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. Art. 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. RULES WHEN LANDOWNER CONSTRUCTS OR PLANTS ON HIS LAND WITH MATERIALS OF ANOTHER

1. LO and OM both in good faith; or LO and OM both in bad faith

Land Owner (LO)

Owner of Materials (OM)

OM = GF LO = GF;

Or

OM = BF LO = BF (as if both in GF)

Becomes the owner of the materials but he must pay for their value. Exception: when they can be removed without destruction to the work made or to the plants. In such case,

1. entitled to reimbursement (provided he does not remove them)

2. entitled to removal (provided no substantial injury is caused)

the owner of the materials can remove them.

LO = BF OM = GF

He becomes the owner of the materials but he must pay: 1. their value 2. and

damages Exception: when the owner of the materials decides to remove them whether or not destruction would be caused. In this case, the materials would still belong to the owner of said materials, who id addition will still be entitled to damages

1. entitled to the ABSOLUTE right of removal and damages (whether or not substantial injury is caused

2. entitled to reimbursement and damages (in case he chooses not to remove

LO = GF OM = BF

1. Exempted from reimbursement

2. Entitled to consequential damages

Would lose all rights to the materials, such as the right of removal, regardless of whether or not substantial injury would be caused

2. Rules when on land of a person another

builds, sows, or plants Ex. builder built on LO’s land a house in GF

Land Owner (LO)

Builder

LO = GF Builder= GF;

Or

LO = BF Builder = BF (as if both

Has a CHOICE either to: 1. Appropriate

house as his own after paying for indemnity

2. or to compel the builder to buy the land upon which

1. Right to payment of indemnity a. Necessary expenses, right of retention until reimbursed b. Useful expenses, right of retention

2. May remove the ornaments with

QuickTime™ and ampressed) decompressor

see this picture.


Page 49 of 297

TIFF (Uncoare needed to

in GF) the building has been built

unless the value of the land be considerably more than the value of the house—rent should be paid builder fails to pay – no right of retention, LO entitled for removal of improvement

which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended

LO = GF Builder= BF

1. gets the accessory without paying any indemnity for its value or expenses (but with obligation to pay necessary expenses for the preservation of the land) PLUS damages

2. demand the demolition of the work, or that the planting or sowing be removed, at the builder’s expense PLUS damages

3. compel the builder or planter to pay the price of the land, and the sower the proper rent whether or not the value

1. Loses what is built, planted, or sown without right to indemnity

2. Liability for damages

3. Entitled to reimbursement for the necessary expenses of preservation of land

of the land is considerably more than the value of the house PLUS damages

LO = BF Builder = GF

He becomes the owner of the materials but he must pay: 1. their value 2. and damages Exception: when the owner of the materials decides to remove them whether or not destruction would be caused. In this case, the materials would still belong to the owner of said materials, who id addition will still be entitled to damages

1. entitled to the ABSOLUTE right of removal and damages (whether or not substantial injury is caused

2. entitled to reimbursement and damages (in case he chooses not to remove

• NOTE: since the choice given the LO is

confined to either appropriation or compulsory selling, he has no right of removal or demolition, UNLESS after having selected a compulsory sale, the builder fails to pay for the land

• Remedies if option exercised was compulsory selling and Builder fails to pay 1. leave things as they are and assume

relation of lessor and lessee; pay rents

2. demolish what has been built, sown, or planted

3. consider price of land as an ordinary money debt of the builder. Therefore, he may enforce payment thru and ordinary action for the recovery of a money debt (levy and execution)

ART. 448 (3RD PERSON PLANTS, SOWS, AND BUILDS ON ANOTHER’S LAND) DOES NOT APPLY WHEN:

1. The builder, planter, sower does not claim ownership over the land but possesses it as




Page 50 of 297

mere holder, agent, usufructuary or tenant; he knows that the land is not his. Exception: if a tenant whose lease is about to expire, nevertheless still sows, not knowing that the crops will no longer belong to him, Art. 448 can be applied

2. The builder, planter, or sower is a co-owner, even if later on, during the partition, the portion of land used is awarded to another co-owner;

3. A person constructs a building on his own land, and then sells the land but not the building to another, there can be no question of good faith or bad faith on the part of the builder. He can be compelled to remove the building. The new owner will thus not be required to pay any indemnity for the building;

4. The builder is a belligerent occupant

• RULE WHEN LANDOWNER SELLS LAND TO A 3RD PERSON WHO IS IN BAD FAITH When 3rd person is in bad faith, the builder must go against him, but when the 3rd person paid the landowner, the builder may still file a case against him but the 3rd person may file a rd party complaint against landowner

RULE WHEN THREE PARTIES ARE INVOLVED: Parties

1. land owner (LO) 2. builder, planter, sower (builder) 3. owner of materials (OM)

• The rights of the LO and the builder are the same as that established by the preceding tables

• Rights of OM a. Bad faith – he loses all rights to be

indemnified. Moreover, he can even be liable for consequential damages (as when the materials are of an inferior quality)

b. Good faith – he is entitled to reimbursement from the builder principally since it was the builder who first made use of the materials. In case of insolvency on the part of the builder, the LO is subsidiarily liable, if he makes use of the materials.

RULE: OM bad faith, Builder bad faith, LO good faith

1. as between OM and Builder, good faith must govern. Builder must reimburse OM, but in

case Builder cannot pay, LO will not be subsidiarily liable because as to him, OM is in bad faith. If the builder pays, he cannot ask reimbursement from LO because as to LO, builder is in bad faith

2. LO can ask damages from both; moreover: a. He may appropriate what has been built

as his own, without payment of any indemnity for useful or necessary expenses for the building but with indemnity for the necessary expenses for the preservation of the land

b. Demand the demolition of the house at builder’s expense

c. Compel builder to pay the price of the land whether the land is considerably more valuable than the building or not.

Sarmiento v Agana 129 SCRA 122 (1984) The land owner on which a building has been constructed in good faith by another has the option to buy the building or sell his land to the builder, he cannot refuse to exercise either option. Depra v Dumlao 136 SCRA 475 (1985) Owner of the land on which improvement was built by another in good faith is entitled to removal of improvement only after landowner has opted to sell the land and the builder refused to pay for the same. Where the land’s value is considerably more than the improvement, the landowner cannot compel the builder to buy the land. In such event, a “forced lease” is created and the court shall fix the terms thereof in case the parties disagree thereon. Ballatan v CA 304 SCRA 34 (1999) The right to choose between appropriating the improvement or selling the land on which the improvement of the builder, planter or sower stands, is given to the owner of the land (and not the court) Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the




Page 51 of 297

ownership of it, provided that he removes the same within two years. ALLUVIUM is the soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the current of the water. ACCRETION is the process whereby the soil is so deposited ESSENTIAL ELEMENTS OF ALLUVIUM: (AGA)

1. Result of the action of the waters of the river (or sea)

2. Deposit of soil or sediment be gradual and imperceptible

3. the land where accretion takes place is adjacent to the banks of ricer (or the sea coast)

Viajar v CA 168 SCRA 405 (1988) Registration under the Torrens System does not protect the riparian owner against the dimunition of the area of his registered land through gradual changes in the course of an adjoining stream. Reynante v CA 207 SCRA 794 (1992) FACTS: Petitioner, as tenant of the private respondent, has been in possession of the subject lots for more than 50 years. Such lots were not included in the TCT of PR. Private respondent claims that such lots were created by alluvial formation and hence their property as the riparian owner. ISSUE: W/n the disputed land belongs to PR as a result of accretion HELD: NO. There is no automatic registration. Failure to register the acquired alluvial deposit by accretion for 50 years subjected said accretion to acquisition through prescription by third persons. Ronquillo v CA 195 SCRA 433 (1991) ISSUE: w/n the dried up portion of Estero Calublub was caused by natural change and therefore subject of accretion Held:

NO. The rules on alluvion do not apply to man-made or artificial accretions to lands that adjoin canals or esteros or artificial drainage system. AVULSION is the process whereby a portion of a land is segregated from an estate by the current of a river, creek or torrent and transferred to another estate. ESSENTIAL ELEMENTS OF AVULSION:

1. The segregation and transfer must be caused by the current of a river, creek or torrent

2. Sudden or abrupt 3. Portion of land must be known or identifiable

NOTE: the former owner preserves his ownership of the segregated portion provided he removes (not merely claims) the portion within 2 years.

Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. Art. 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. CHANGE OF RIVERBED REQUISITES:

1. change must be sudden in order that the old river bed may be identified

2. the changing of the course must be more or less permanent, and not temporary overflooding another’s land

3. the change must be a natural one, i.e. caused by natural forces

4. there must be a definite abandonment by the government

5. the river must continue to exist, that is, it must not completely dry up or disappear.

RIGHT OF OWNER OF LAND OCCUPIED BY NEW RIVER COURSE:



Page 52 of 297


1. Right to old bed ipso facto in proportion to area lost

2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed

Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a private state, this bed shall become of public dominion.

• If a river changes its course and opens a new bed, this bed becomes of public dominion even if it is on private property.

• The new river banks created shall likewise be of public dominion.

• The new river bed may itself be abandoned, due to natural or artificial causes authorized by law. In such case, the owners will get back this previous property if the course of the river reverts back to its original place.

• River may be navigable or non-navigable. Art. 463. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is separated from the estate by the current. Art. 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. ISLAND BELONGS TO THE STATE:

1. On seas within the jurisdiction of the Philippines

2. on lakes 3. on navigable or floatable rivers

ISLAND FORMED IN NON-NAVIGABLE OR NON-FLOATABLE RIVERS

• Island shall pertain and belong to the owners of the margins or banks of the river nearest to each of them.

• If in the middle of the river – it shall be divided longitudinally in halves

Art. 466. Whenever two movable things belonging to different owners are, without bad faith, united in such a way that they form a single object, the owner of the principal thing acquires the accessory, indemnifying the former owner thereof for its value ADJUNCTION OR CONJUNCTION is a process whereby two movable things owned by different persons are joined together without bad faith, in such a way that they form a single object CLASSES OF ADJUNCTION: (ISTEP)

1. Inclusion (engraftment) – such as setting a precious stone on a golden ring

2. Soldadura (soldering) – such as joining a piece of metal to another metal

a. Feruminatio – same metal b. Plumbatura – different metals

3. Tejido (weaving) 4. Escritura (writing) 5. Pintura (painting)

• The owner of the principal, who by law

becomes the owner of the resulting object, will indemnify the owner of the accessories for the values thereof.

Art. 467. The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. Art. 468. If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.

In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. THE PRINCIPAL IS THAT:

1. To which the accessory has been united as ornament or for its use or perfection

2. Of greater value, if they are of unequal value 3. Of greater volume, if they are of equal value 4. That of greater merits.


ed to se


Page 53 of 297

are need e this picture.

Art. 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.

Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some injury. WHEN SEPARATION ALLOWED:

1. Separation without injury 2. Separation with injury – accessory is much

more precious than the principal, the owner of the former may demand its separation even though the principal may suffer injury.

3. Owner of principal in bad faith Art. 470. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.

If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.

If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. Art. 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal.

Owner of

Principal (OP) Owner of Accessory

(OA) OP = GF OA = GF

Or OP = BF OA = GF

Acquires the accessory, indemnifying the former owner thereof for its value

May separate them if no injury will be caused; if value of accessory is greater than principal, owner of accessory may demand separation

even if damages will be caused to the principal (expenses to be borne by one who caused the conjunction)

OP =GF OA = BF

1. owns the accessory

2. right to damages

1. loses the thing incorporated

2. indemnify the OP for the damages OP may have suffered

OP = BF OA = GF

1. pay OA value of accessory or

2. principal and accessory be separated

PLUS Liability for damages

Right to choose between 1. OP paying him its

value or 2. That the thing

belonging to him be separated even though it be necessary to destroy the principal thing

Art. 472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused. Art. 473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article.

If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. MIXTURE takes place when two or more things belonging to different owners are mixed or combined KINDS:

1. Commixtion – mixture of solid things 2. Confusion – mixture of liquid things

RULES:

1. Mixture by the will of the owners – their rights shall be governed by their stipulations.




Page 54 of 297

Without stipulation, each acquires a right or interest in proportion to the value of his material

2. Mixture caused by an owner in GF or by chance – each share shall still be in proportion to the value of their thing

3. Mixture caused by owner in BF – the actor forfeits his thing and is liable for damages

Art. 474. One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value.

If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material.

If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material. Art. 475. In the preceding articles, sentimental value shall be duly appreciated. SPECIFICATION means the giving of a new form to a material belonging to another person through the application of labor or industry. RULES:

1. When the maker (considered principal) is in GF

a. Appropriate but must indemnify the owner of the material

b. May not appropriate – material transformed is worth more than the new thing. The OM may:

i. appropriate the new thing subject to the payment of the value of the work, or

ii. demand indemnity for the material with damages

2. When the maker is in BF a. OM can appropriate the work without

paying for the labor or industry b. OM can demand indemnity plus

damages

3. OM cannot appropriate if the value of the work is considerably more than the value of the material due to artistic or scientific importance

COMPARISON OF THE 3 TYPES OF ACCESSION OF MOVABLES

Adjunction Mixture Specification Involves at least 2 things

Involves at least 2 things

Involves at least 2 things

As a rule, accessory follows principal

As a rule, co-ownership results

As a rule, accessory follows principal

The things joined retain their nature

May either retain or lose respective natures

The new object retains or preserves the nature of the original object

NOTE: See property annexes

Q U I E T I N G O F T I T L E Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property. Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.

QuickTime™ anTIFF (Uncompressed) deco

d ampressor



Page 55 of 297

Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgated. REASONS:

1. prevent litigation 2. protect true title & possession 3. real interest of both parties which requires

that precise state of title be known ACTION TO QUIET TITLE

• put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation

• remedial • Not suits in rem nor personam but suits

against a particular person or persons in respect to the res (quasi in rem)

• May not be brought for the purpose of settling a boundary disputes

• Applicable to real property or any interest therein. The law, however, does not exclude personal property from actions to quiet title.

• An action to quiet title brought by the person in possession of the property is IMPRESCRIPTIBLE.

• If he is not in possession, he must invoke his remedy within the prescriptive period.

CLASSIFICATION:

1. Remedial action – one to remove cloud on title

2. Preventive action – on to prevent the casting of a (threatened ) cloud on the title.

ACTION TO REMOVE CLOUD

• intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title

• preventive • Cloud – any instrument which is inoperative

but has semblance of title REQUISITES

1. Plaintiff must have legal or equitable interest

2. Need not be in possession of property 3. Return to defendant all benefits received

– he who wants justice must do justice EXISTENCE OF CLOUD:

1. of an instrument (deed or contract) or record or claim or encumbrance or proceeding

2. which is APPARENTLY valid or effective 3. BUT is, in truth and in fact, invalid,

ineffective, voidable, or unenforceable, or extinguished (or terminated) or barred by extinctive prescription

4. AND may be prejudicial to the title DISTINCTIONS BETWEEN ACTION FOR QUIETING OF TITLE AND ACTION FOR REMOVAL OF CLOUD: Basis Action to Quiet

Title Action to Remove Cloud

1 Purpose Put an end to vexatious litigation in respect to the property concerned

Procure cancellation, release of an instrument, encumbrance or claim in the plaintiff’s title- which affects the title or enjoyment of the property

2 Nature Plaintiff asserts own claim and declares that the claim of the defendant is unfounded and calls on the defendant to justify his claim on the property that the same may be determined by the court

Plaintiff declares his own claim and title, and at the same time indicates the source and nature of the defendant’s claim, pointing its defects and prays for the declaration of its invalidity

RUINOUS BUILDINGS AND TREES IN DANGER

OF FALLING Art. 482. If a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged to demolish it or to execute the necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the expense of the owner, or take measures to insure public safety. Art. 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be

QuickTime™ and a


Page 56 of 297

TIFF (Uncompressed) decompressorare needed to see this picture.

obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. Liability for damages:

1. collapse – engineer, architect or contractor 2. collapse resulting from total or partial

damage; no repair made – owner; state may compel him to demolish or make necessary work to prevent if from falling

3. if no action – done by government at expense of owner

Juan F. Nakpil & Sons v. CA 144 SCRA 596 (1986) FACTS: Early morning of Aug. 2 1968 an unusually strong earthquake hit Manila and its environs and the building in question sustained major damages. To escape liability, the contractor and architect claim that it was due to force majeure or and act of God. ISSUE: w/n the contractor and architect are liable HELD: YES. Having made substantial deviations from the plans and specifications, having failed to observe requisite workmanship in construction, and the architect made plans that contain defects and inadequacy, both contractor and architect cannot escape liability. To constitute an act of god the following must concur: 1) the cause of the breach of obligation must be independent of the will of the debtor 2) the event must be either unforeseeable or unavoidable 3) the event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner 4) the debtor must be free form any participation in, or aggravation of the injury to the creditor.

T i t l e I I I - C O - O W N E R S H I P Art. 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.

In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. CO-OWNERSHIP is that form of ownership which exists whenever an undivided thing or right belongs to different persons. REQUISITES:

1. plurality of subjects – many owners 2. unity of material (indivision) of object of

ownership 3. recognition of ideal shares

CAUSES/SOURCES

1. law 2. contracts 3. succession 4. fortuitous event/chance – commixtion 5. occupancy – 2 persons catch a wild animal 6. donation

KINDS OF CO-OWNERSHIP:

1. Ordinary – right of partition exists 2. Compulsory – no right partition exists (party

wall) 3. Legal – created by law 4. Contractual – created by contract 5. Universal – over universal things (co-heirs) 6. Singular or Particular – over particular or

specific thing 7. Incidental – exists independently of the will of

the parties

DISTINGUISHED FROM PARTNERSHIP Co-Ownership Partnership

Legal personality

No legal personality

Has legal or juridical personality

Source Created by contract or other things

Created by contract only (express or implied)

Purpose Collective enjoyment of a thing

Profit

Term Agreement for it to exist for 10 years – valid (If more than 10 years, the excess is void)

(NOTE: 20 years is the maximum if imposed by the testator or donee of the common property)

No term limit set by law

Representation As a rule, no mutual representation

As a rule, there is mutual representatio

QuickTTIFF (Uncompres

are needed to

ime™ ansed) deco see this pi


Page 57 of 297

d ampressorcture.

n Effect of death Not dissolved

by death or incapacity of a co-owner

Dissolved by the death or incapacity of a partner

Substitution Can dispose of his share without consent of others

Cannot substitute another as partner in his place without consent of others

Profits Must always depend on proportionate shares

May be stipulated upon

DISTINGUISHED FROM JOINT TENANCY: Co-ownership Joint Tenancy Shares Involves a

physical whole. But there is an ideal (abstract) division; each co-owner being the owner of his ideal share

Involves a physical whole. But there is no ideal (abstract) division; each and all of them own the whole thing

Disposal of shares

Each co-owner may dispose of his ideal or undivided share (without boundaries) without the other’s consent

Each co-owner may not dispose of his own share without the consent of all the rest, because he really has no ideal share

Effect of death

If a co-owner dies, his share goes to his own heirs

If a joint tenant dies, his share goes by accretion to the other joint-tenants by virtue of their survivorship or jus accrecendi

Effect of disability

If a co-owner is a minor, this does not benefit the others for the purpose of prescription, and prescription therefore runs against them

If one joint-tenant is under legal disability (like minority), this benefits the other against whom prescription will not run

Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be

proportional to their respective interests. Any stipulation in a contract to the contrary shall be void.

The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. Art. 486. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied. Art. 487. Any one of the co-owners may bring an action in ejectment. Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership. RIGHTS OF CO-OWNERS:

1. Right to benefits proportional to respective interest; stipulation to contrary is void

2. Right to use thing co-owned a. for purpose for which it is intended b. without prejudice to interest of

ownership c. without preventing other co-owners

from making use thereof 3. Right to change purpose of co-ownership by

agreement 4. Right to bring action in ejectment in behalf of

other co-owner 5. Right to compel co-owners to contribute to

necessary expenses for preservation of thing and taxes

6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest; but can’t be made if prejudicial to co-ownership

7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if practicable

8. Right to full ownership of his part and fruits




Page 58 of 297

9. Right to alienate, assign or mortgage own part; except personal rights like right to use and habitation

10. Right to ask for partition anytime 11. Right of pre-emption 12. Right of redemption

Mariano v CA 222 SCRA 736 (1993) Redemption of the whole property by a co-owner does not vest in him sole ownership over said property. Redemption within the period prescribed by law by a co-owner will inure to the benefit of all co-owners. Hence, it will not put an end to existing co-ownership.

13. Right to be adjudicated thing (subject to right of others to be indemnified)

14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them

Art. 489. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. Art. 490. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed:

(1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each;

(2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata;

(3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. Art. 491. None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. However, if the withholding of the consent by one or more of the

co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief. Art. 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding.

There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership.

Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (398) Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the termination of the co-ownership. Art. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.

Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement.

A donor or testator may prohibit partition for a period which shall not exceed twenty years. Neither shall there be any partition when it is prohibited by law.

No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be terminated in accordance with Article 498.




Page 59 of 297

Art. 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. (402) Art. 497. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. Art. 498. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. Art. 499. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude or any other real rights belonging to them before the division was made. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. DUTIES/ LIABILITIES

1. Share in charges proportional to respective ion to contrary is void

ial; resort to court if

5.

6. nizes the co-ownership;

7. Co-it woterminate co-ownership

RIGHTS

1. assignees may take part in division and object if being effected without

ut cannot impugn unless

2.

elonging to them before

PARTIT

Gen wner shall be obliged to remain in the co-ownership. Each co-owner

t any time demand the partition of the

reement ( for a period not

– from whom the property

3. 4.

perty unserviceable, but in this to

5.

REQUISITES

1. Uneq e co-ownership amounting to an ouster of the

3. ear and conclusive

ion

PRE• Gen ption does not adversely

affect a co-owner or co-heir. A co-owner cannot ole property as against the other

interest; stipulat2. Pay necessary expenses and taxes – may be

exercised by only one co-owner 3. Pay useful and luxurious expenses – if

determined by majority 4. Duty to obtain consent of all if thing is to be

altered even if beneficnon-consent is manifestly prejudicial Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling interest; court intervention if prejudicial – appointment of administrator No prescription to run in favor co-owner as long as he recogrequisites for acquisition through prescription

a. he has repudiated through unequivocal acts

b. such act of repudiation is made known to other co-owners

c. evidence must be clear and convincing

owners cannot ask for physical division if uld render thing unserviceable; but can

8. After partition, duty to render mutual accounting of benefits and reimbursements for expenses

TO 3RD PARTIES creditors of

their concurrence, bthere is fraud or made notwithstanding their formal opposition non-intervenors – retain rights of mortgage and servitude and other real rights and personal rights bpartition was made

ION: eral Rule: No co-o

may athing owned in common, insofar as his share is concerned. Exception: When a co-owner may not

successfully demand a partition 1. if by ag

exceeding 10 years) partition is prohibited

2. when partition is prohibited by a donor or testator (for a period not exceeding 20 years) came when partition is prohibited by laws when a physical partition would render the procase, the property may be allottedone of the co-owners, who shall indemnify the others, or it will be sold, and the proceeds distributed when the legal nature of the common property does not allow partition

OF REPUDIATION: uivocal acts of repudiation of th

other co-owners 2. positive acts of repudiation have been made

known the evidence is cl

4. open, continuous, exclusive, notorious possess

SCRIPTION eral Rule: Prescri

acquire the whco-owners




Page 60 of 297

Exception: valid repudiation – prescription shall start from such repudiation Exception to exception: In constructive trusts, prescription does not run.

Paulmitan v CA 215 SCRA 866 (1992) Even if a co-owner sells the whole property as his, the sale will affect only his own share but not those of the other co-owners who did not consent to the sale. A sale of the entire property by one co-owner without the consent of the other co-owners is not null and void but affects only his undivided share and the transferee gets only what would correspond to his grantor in the partition of the thing owned in common. Art. 500. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses made. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. Art. 501. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. OBLIGATIONS OF CO-OWNERS UPON

ARTITION

ruits and other benefits of the thing

2.

or fraud

assigned to co-owner.

T i t l e V : P O S S E S S I O N

P1. Mutual accounting of benefits received, for

the fbelonging to all co-owners. Mutual reimbursements for necessary expenses.

3. Indemnity for damages caused by reason of negligence

4. Reciprocal warranty for defects of title or quality of the portion

Art. 523. P thing or ossession is the holding of athe enjoyment of a right. POSSESSION is the holding of a thing or enjoyment of a right REQUISITES:

1. occupancy – actual or constructive (corpus) possess (animus possidendi)

EXT

1. physical/actual – occupancy in fact of the tantially the whole

that

WHAT CAN BE SUBJECT OF POSSESSION things

r rights which are susceptible of being appropriated

1. holding w/o title and in violation of right of ree)

2. but not that of n)

3. t not from true

rely

4.

2. intent to3. must be by virtue of one’s own right

ENT OF POSSESSION:

whole or at least subs

2. constructive – occupancy in part in the name of the whole under such circumstancesthe law extends the occupancy to the possession of the whole

o DEGREES OF POSSESSION:

owner (grammatical degEx. possession of a thief possession with juridical titleowner (juridical possessioEx. that of a lessee, pledge, depositary possession with just title buowner (also called the possessory right)Ex. A in good faith buys a car from B who delivers the same to A but B mepretended to be the owner possession with just title from true owner

Art. 524. Possession may be exercised in one's own name or in that of another. Art. 525. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person.

ACQUISITION OF POSSESSION FROM THE VIEWPOINT OF WHO POSSESSES:

nt to possess city to possess

capable of being

2. thrureprese

possess for principal (not for

3. thrusubseq ied)

ess for another (the )

c. by principal

1. Personal Requisites:

a. Inteb. Capac. Object must be

possessed authorized person (agent or legal

ntative) Requisites: a. intent to

agent) b. authority or capacity to possess (for

another)c. principal has intent and capacity to

possess Unauthorized person (but only if

uently ratifRequisites: a. intent to poss

principalb. capacity of “principal” to possess

ratification

QuickTime™ and aTIFF (Uncompressed) decom

are needed to see this pipressor

cture.


Page 61 of 297

CLASSES O P1. concept of owner – owner himself or

nverted into ownership h acquisitive prescription

d. its and damages from

2. in cin comm

have capacity to acquire

c. acquire possession 4. in agent; subject to

auth t ed;

cipal

ll in the

c. ession only after

F OSSESSION: inadverse possessor Effects:

a. may be cothroug

b. bring actions necessary to protect possession

c. ask for inscription of possession demand fruone unlawfully detaining property

oncept of holder – usufruct, lessee, bailee odatum

3. in oneself – personal acquisition a. he must

possession b. intent to possess

possibility to name of another – ori y and ratification if not authoriz

negotiorum gestio a. Voluntary – as when an agent

possesses for the prinb. Necessary – as when a mother

possesses for a child stimaternal womb Unauthorized – this will become the principal’s possthere has been a ratification without prejudice to the effects of negotiorum gestio

Heirs of Roman Soriano v CA 363 SCRA 86 (2001) The exercise of right of ownership yields to exercise of the rights of the agricultural tenant. Possession and ownership are distinct legal concepts. Ownership confers certain rights to the owner, among which are the right to enjoy the thing owned and the right to exclude other persons from possession thereof. On the other hand, possession is defined as the holding of a thing or the enjoyment of a right. Literally, to possess means to actually and physically occupy a thing with or without a right. Thus, a person may be declared an owner but he may not be entitled to possession.

Art. 526. He is deemed a possessor in good faith who is not that there exists in his title or awaremode of acquisition any flaw which invalidates it.

He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing.

Mistake upon a doubtful or difficult question of law may be the basis of good faith.

Art. 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. Art. 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. Art. 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. Art. 530. Only things and rights which are susceptible of being appropriated may be the object of possession. POSSESSOR IN GOOD FAITH is one who is not ware that there exist fla aw in title or mode w/c

invalidates it POSSESSOR IN BAD FAITH is one who is aware of efect. d

Art. 531. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. Art. 532. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. WAYS OF ACQUIRING POSSESSION

1. Material occupation or exercise of a right takes place

f a

b.

2. By thwill

parties

a. Tradicion brevi manu – when one already in possession othing by a title other than ownership continues to possess the same under a new title, that of ownership Tradicion constitutum possessorium – happens when the owner continues in possession of the property alienated not as owner but in some other capacity. e subjection of the thing or right to our

a. Tradicion longa manu – effected by mere consent or agreement of the




Page 62 of 297

b. Tradicion simbolica – effected by delivering an object (such as key) symbolizing the placing of one thing

3. By estaposs

under the control of the vendee proper acts and legal formalities

blished for acquiring such right of ession

Art. 533. The possession of hereditary property is deemed ted to the heir without transmitinterruption and from the moment of the death of the decedent, in case the inheritance is accepted. One who validly renounces an inheritance is deemed never to have possessed the same. POSSESSION THROUGH SUCCESSION

1. possession of hereditary property is deemed transmitted w/o interruption from moment of

ccepted (

2.

Effe

ption. (moreover, he deceased is to be

b.

death ( if accepted) and if not adeemed never to have possessed the same ) one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent. cts: time of acquisition a. Heir accepts – from the moment of death

since there is no interruthe possession of tadded to the possession of the heir) Heir refuses (or is incapacitated to inherit) – he is deemed never to have possessed the same

Art. 534. O y hereditary title n who succeeds bshall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. Art. 535. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. MINORS/INCAPACITATED

• may acquire material possession but not right to possession; may only acquire them through

ntatives

guardian or legal represe

Art. 536. In no case may possession be acquired thro g as there is a ugh force or intimidation as lonpossessor who objects thereto. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. Art. 537. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. ACQUISITION:

1. cannot be acquired through force or intimidation when a possessor objects

resort to courts

thereto –2. the following do not affect acts of possession

( not deemed abandonment of rights ); possession not interrupted

a. acts merely tolerated b. clandestine and unknown acts c. acts of violence

Art. 538. s t be Po session as a fact cannorecognized e in two different at the same timpersonalities except in the cases of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. IN CASES OF DISPUTE REGARDING POSSESSION, THE ORDER OF PREFERENCE:

1. Present or actual possessor shall be

4. e above are equal – the fact of ed.

preferred 2. 2 possessors – longer in possession 3. If dates are the same – possessor with a title

If all of thpossession shall be judicially determin

Art. 539. Every possessor has a right to be respec be ted in his possession; and should he disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court.

A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for

QuickTime™ and a


Page 63 of 297

TIFF (Uncompressed) decompressorare needed to see this picture.

forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty (30) days from the filing thereof. Art. 540. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. Art. 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. Art. 542. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. Art. 543. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. However, in case of civil interruption, the Rules of Court shall apply. RIGHTS OF POSSESSION:

1. Right to be respected in his possession; if disturbed – protected by means established by law; spoliation

d enjoyed in concept

n has to be in concept of

3. Perthe legfacie)

4. Pos esumes that

art which may be allotted to him;

– accrue daily )

ion ); owner

8.

tion over thing unless necessary

9.

ncrease in value of

10.

possessor in bad faith not

11.

ot injured – provided owner does

12.

13. in one’s

14. o law,

2. Possession acquired anof owner can serve as title for acquisitive prescription

a. Possessioowner, public, peaceful and uninterrupted

b. Title short of ownership son in concept of owner has in his favor

al presumption of just title (prima

session of real property prmovables are included

5. Co-possessors deemed to have exclusively possessed pinterruption in whole or in part shall be to the prejudice of all

6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial – gathered or severed; civil

7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possesshas option to require possessor to finish cultivation and gathering of fruits and give net

proceeds as indemnity for his part of expenses; if possessor in good faith refuses – barred from indemnification in other manner Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith; Possessor in good faith has right of retenexpenses paid by owner Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has option of paying expenses or paying the iproperty which thing acquired by reason of useful expenses Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner exercises option of paying; entitled. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is nnot refund the amount expended Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession Wild animals possessed whilecontrol; domesticated – possessed if they retain habit of returning back home One who recovers, according tpossession unjustly lost is deemed to have enjoyed it w/o interruption

Art. 544. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted.

Natural and industrial fruits are considered received from the time they are gathered or severed.

Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. Art. 545. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession.

The charges shall be divided on the same basis by the two possessors.

The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the




Page 64 of 297

expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. Art. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor.

Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. Art. 547. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. Art. 549. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. Art. 550. The costs of litigation over the property shall be borne by every possessor. (n) Art. 551. Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. (456) Art. 552. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons.

A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event.

Art. 553. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing.

If in Good Faith If in Bad Faith Ue reimbursement of

either the amount spent or the

2.

3.

SS

in bad faith is not entitled to any right

.

seful xpenses

1. right to The possessor

increase in valuelue” – – “plus va

at owner’s option (art. 546) right of retention until paid right of removal (provided no substantial damage or injury is caused to the principal, reducing its value) – UNLEthe winner (owner or lawful possessor) exercises theoption in (1)

regarding the useful expenses. A builder or possessor in bad faith is not entitled to indemnity for any useful improvement on the premises because of Art449

Luxurious or Ornamental Expenses

In general, no right to refund or retention but can remove if no sub stantial injury iscau sed. However,owner has OPTION to allow: a. possessor to

remove b. or retain for

himself (the owner) the ornament by refunding the amount spent (art. 548)

In general, no right of refund or retention but can remove if no substantial injury is caused. However, owner has OPTION to allow: 1. possessor

to remove 2. or retain for

himself (the owner) the ornament by refunding the value it has at the time owner enters into possession (art. 549)




Page 65 of 297

Gathered or severed or harvested fruits are his own

gath– mvalualre

ceived as well

ered fruits ust return e of fruits ady

reas value of fruits which theowner or legitimate

Regarding fruits

Pending or ungathered fruits – pro-rating between possessor and owner of expenses, net

charges

even

s for harvest, and

pending or ungathered fruits – no rightsat all, not to expensecultivation because by accession, all should belong to the owner, without indemnity

LIABILITIES/ DUTIES OF POSSESSO

1. Return of fruits if in bad faith – fruits legitimate possessor could ha

2. Bear cost of litigation 3. Possessor in good faith not liable for loss or

fraud and

4. or caused by fortuitous

5. ts which have ceased

R

ve received

deterioration or loss except whennegligence intervened Possessor in bad faith liable for loss deterioration even if event Person who recovers possession not obliged to pay for improvemento exist at the time of occupation

Art. 554. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the interme f proof to diate period, in the absence othe contrary. Art. 555. A possessor may lose his possession:

(1) By the abandonment of the thing; (2) By an assignment made to another

either by onerous or gratuitous title; (3) By the destruction or total loss of the

thing, or because it goes out of commerce; (4) By the possession of another, subject

to the provisions of Article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. Art. 556. The possession of movables is not deemed lost so long as they remain under the

control of the possessor, even though for the time being he may not know their whereabouts. Art. 557. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. Art. 558. Acts relating to possession, executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it, in any character, do not bind or prejudice the owner, unless he gave said holder express authority to do such acts, or ratifies them subsequently. • General Rule re possession as a fact:

Possession as a fact cannot be recognized at the same time in two different personalities Exceptions: 1. co-possessor – there is no conflict of interest,

s in the

n of different concepts or different

RULESCONFL R DISPUTE REGARDING PO

1. ossessor shall be preferred 2. if both are present, the one longer in

who present (or has) title rt will

osited.)

LOSS O

2. nother by onerous or gratuitous title

l loss of the thing or thing

4. ew possession

of possession not lost except

NO

1.

both of them acting as co-owners, acase of property owned or possessed in common

2. possessiodegrees

OF CRITERIA TO BE USED IN CASE OF ICT O

SSESSION present p

possession 3. if both began to possess at the same time,

the one 4. if both present a title, the Cou

determine. (Meantime, the thing shall be judicially dep

F POSSESSION

1. abandonment of the thing – renunciation of right; intent to lose the thing assignment made to a

3. destruction or totawent out of commerce possession of another if nlasted longer that 1 year ( possession as a fact); real right after 10 years

T LOST WHEN: Even for time being he may not know their whereabouts, possession of movable is not deemed lost




Page 66 of 297

2. When agent encumbered property without ority – except when ratified

public sale in good faith –

rent er

rt

POSSE

2. ntarily parted with the

a. possessor is in concept of an owner

A NOT oper in the followin

1. acti of real estate 2. acti o3. action to remove clouds thereon

eedings of any kind in Court e

f of the buildings

express auth3. Possession may still be recovered:

a. Unlawfully deprived or lost b. Acquired at

with reimbursement c. Provision of law enabling the appa

owner to dispose as if he is ownd. Sale under order of the coue. Purchases made at merchant stores,

fairs or markets f. Negotiable document of title

SSION EQUIVALENT TO TITLE: 1. possession is in good faith

owner has volupossession of the thing

ICE OF LIS PENDENS is prg cases, viz:

on to recover possessionon t quiet title thereto

4. action for partition 5. any other proc

directly affecting the title to the land or thuse or occupation thereothereon

Art. 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has b awfully deprived thereof may een unlrecover it from the person in possession of the same.

If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. (464a) Art. 560. Wild animals are possessed only while they are under one's control; domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor. (465) Art. 561. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption. SUMMARY OF RECOVERY OR NON-RECOVERY PRINCIPLE

Owner may recover without

1. from possessor in bad faith

reimbursement 2. from possessor in

had lost the property

of it) the

good faith (if owner

or been unlawfully deprived acquisition being from a private person [art. 559]

Owner may recover but should REIMBURSE

if possessor acquired the object in good faith at a public sale or auction

Owner cannot

se not

1. ssor had

nt’s store, or in fairs, or

2.

alue and holder

recover, even if he offers to reimbur(whether or the owner had lost or been unlawfully deprived)

if posseacquired it in good faith by purchase from a mercha

markets in accordance with the Code of Commerce and special laws if owner is by his conduct precluded from denying the seller’s authority to sell

3. if possessor had obtained the goods because he was an innocent purchaser for vof a negotiable document of title to the goods

the one who has control

imals – the

ANIMALS Wild animals – possessor isover them Domesticated and tamed an possessor does not lose possession as ng as habitually they

possessor’s premises

heir occupation by another person

U C T

loreturn to the- for ownership, the owner must claim them within 20 days from t

T i t l e V I - U S U F R Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving i the ts form and substance, unlesstitle consti provides. tuting it or the law otherwise (467) Art. 563. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription.




Page 67 of 297

Art. 564. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. It may also be constituted on a right, provided it is not strictly personal or intransmissible. Art. 565. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed. USUFRUCT is the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides CHARACTERISTICS OR ELEMENTS

Registry of Property or not) b. It is of a temporary nature or duration

the benefits

a consequence of normal

2. Nat

a contbecau e

a.

(value) of the thing

3.

part

b. exist

DISTING

1. Essential – those without which it cannot be termed usufruct

a. It is a real right (whether registered in the

c. Its purpose is to enjoyand derive all advantages from the object asuse or exploitation

ural – that which ordinarily is present, but rary stipulation can eliminate it

s it is not essential The obligation of conserving or preserving the form and substance

Accidental – those which may be present or absent depending upon the stipulation of the

ies a. Whether it be a pure or a conditional

usufruct The number of years it will

c. Whether it is in favor of one person or several, etc

UISHED FROM EASEMENTS Usufruct Easement

Object eal May be real or Involves only rpersonal property

property

Extent What can be enjoyed here are all uses and fruits of the property

Easements is limited to a particular use

Coverage

n

y an

May be

piece of land held in usufruct

Cannot beconstituted onan easement; but it may be constituted othe land burdened beasement

constituted in favor or, or burdening, a

Effect of death

Usually extinguished by death of usufructuary

Not extinguished by the death of the owner of the dominant estate

D ISHE LEASE: ISTINGU D FROM Usufruct Lease Extent C ruits

arule or specific use

overs all fnd uses as a

Generally covers only a particular

Nature Is always a real right

Is a real right only if, as in the case of a lease over real property, the lease is registered, or is for more than 1 year, otherwise, it is only a personal right

Creator Can be created only by the owner, or by a duly authorized agent, acting in behalf of the

may

is only a owner

The lessoror may not be theowner as when there is a sub-lease or when the lessorusufructuary

Origin May be created by law, contract, last will, or prescription

May be created as a rule only by contract; and by way of exception by law (as in the case of an implied new lease, or when a builder has built in good faith on the land of another a building, when the land is considerably worth more in value than the building

Cause The owner is more or less re or

The owner or lessor is mo



Page 68 of 297


passive, and he allows the usufructuary to enjoy the thing

ct

d

given in usufru

less active, anhe makes the lessee enjoy

Repairs The usufructuary has the duty to make the ordinary repairs

The lessee generally has no duty to pay for repairs

Taxes

The lessee generally pays no

The usufructuary pays for the annual charges and taxes on thefruits

taxes

As to other things

A usufructuary may lease the property itself to another

The lessee cannot constitute a usufruct on the property leased

KINDS:

a. ted

pa ies of their

b. voluntary or conventional i. created by will of the parties

inter vivos

c.

ired by a thirdof the usufruct for the period required by la

2. As ta.

b. Universal – if over the entire

ticular/Singular - if only al things are included

3. As to the n rsons enjoying the righ

a. Simpenjoys

b. Multenjoy

time

other

case, if the usufruct is created by donation, all the donees

mustconceiv t the time of the perf

4. As to the quality or kind of objects involved a. Usufruct over rights – rights must not

b. r)

normal (or imperfect or – involves

5. As to terms or ca. Pure – b. With a t

i. m a certain day

iii. a certain

ii

1. As to Origin legal – crea

usufruct of propert

by law such asrents over thechildren

ii. created mortis causa mixed – partly created by law and partly by will

d. prescriptive – is one acqu person through continuous use

w o quantity or extent

As to fruits i. Total ii. partial

As to extent i.

patrimony ii. Par

individuumber of pe

t le – if only one usufructuary

iple – if several usufructuaries

i. Simultaneous – at the same

ii. Successive – one after the

BUT, in this

be alive, or at least already ed, a

ection of the donation.

be personal or intransmissible in character so present or future support cannot be an object of usufruct Usufruct over things

i. Normal (or perfect or regula– this involves non-consumable things where the form and substance are preserved

ii. Abirregular) consumable things onditions no term or condition’ erm or period Ex die – fro

ii. In diem – up to a certain day Ex die in diem – from a certain day up to day

c. With a condition i. Suspensive . Resolutory

Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in ect to hidden usufruct h resp. Wittreasure w the land or hich may be found on tenement, he shall ranger. be considered a stArt. 567. Na ural o rowing at the t r industrial fruits gtime the usufruct begins, belong to the usufructuary.

Those growing at the time the usufruct terminates, belong to the owner. In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred; but the owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary.

The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct. Art. 568. If the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should expire before the termination of the lease, he or his heirs and successors shall receive only




Page 69 of 297

the proportionate share of the rent that must be paid by the lessee. (473) Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last. (474) Art. 570. Whenever a usufruct is constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right.

Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character.

In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. Art. 571. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year . USUFRUCTUARY RIGHTS OF USUFRUCTUARY: JUS FRUENDI AND JUST UTENDI

1. Right to civil, natural & industrial fruits of property a. Civil Fruits accrue daily

i. Belong to the usufructuary in proportion in proportion to the time the

uct may last usufrii. Both stock dividends and cash

dividends are considered civil fruits b. Industrial and Natural Fruits

i. fruit inning of the s pending at the beg

• rred, (for the owner

or ecause the

n into consideration in fixing

s of the

•

ii.

•

eb rsed

2. Rig o tranger 3. Rig

gratuitoterm duratioownersexcepta. con

4.

5. e rights but w/o ctuary; may still exercise

g action to preserve 6.

at e7. Rig ions & servitudes in its

8. unks of fruit

9. ry

down trees unless it is for

– if

11.

usufruct • belong to the usufructuary

no necessity of refunding the owner for expenses incugave the usufruct evidently without any thought of being reimbursed fthe pending fruits, or bvalue of said fruits must have already been take

the terms and conditionusufruct, if for instance, the usufruct came about because of contract) BUT without prejudice to the right of 3rd persons. (thus, if the fruits had been planted by a possessor in good faith, the pending crop expenses and charges shall be pro-rated between said possessor and the usufructuary) fruits pending at the termination of usufruct

• belong to the owner BUT the owner must reimburse the usufructuary for ordinary cultivation expenses and for seeds and similar expenses, from the proceeds of the fruits. (Hence, the excess of

xpenses over the proceeds need not e reimbu

ht t hidden treasure as sht to transfer usufructuary rights –

us or onerous; but is co-terminus with of usufruct; fruits proportionate at n of usufruct; but can’t do acts of hip such as alienation or conveyance when property is: sumable

b. intended for sale c. appraised when delivered; if not

appraised & consumable – return same quality (mutuum)

Right not exempt from execution and can be sold at public auction by owner Naked owner still havprejudice to usufruact of ownership –brinRight to necessary expenses from cultivation

nd of usufruct ht to enjoy access

favor & all benefits inherent therein Right to make use of dead trbearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew Right of usufructuary of woodland – ordinacutting as owner does habitually or custom of place; cannot cut the restoration of improvement of things in usufruct – must notify owner first

10. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear & remove themcaused by calamity or extraordinary event – impossible to replace them Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right




Page 70 of 297

12. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner; may remove improvement if can be done w/o damage

13. Right to set-off improvements against damages he made against the property Right to administer when prop14. erty is co-

15. if owner did not spend for

owned; if co-ownership cease – usufruct of part allotted to co-owner belongs to usufructuary – not affected Right to demand the increase in value of property extraordinary repairs when urgent & necessary for preservation of thing

Art. 573. Whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. Art. 574. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. In case they were not appraised, he shall have the right to return at the same quantity and quality, or pay their current price at the time the usufruct ceases. (482) Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. (483a) Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trunks at the disposal of the owner, and demand that the latter remove them and clear the land. (484a) Art. 577. The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature.

If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the

habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season.

In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work. OBLIGATIONS OF USUFRUCTUARY:

tear, thing deteriorates, obliged to return in that state; except when

he shall be

3.

scription)

sed – allowed by owner, not e will be

: owner may

nverted into

apital & proceeds of sale of

belong to

e. obligation to

f. curity is retroactive to day he is entitled to fruits

1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits should reimburse expenses incurred

2. Generally, usufructuary has no liability when due to wear &

there is fraud or negligence, thenliable Before entering into usufructuary: a. Notice of inventory of property (appraisal

of movables & deb. Posting of security

i. not applicable to parents who are usufructuary of children except when 2nd marriage contracted

ii. excurequired by law or no oninjured • failure to give security

demand that: a. immovables be placed under

administration b. NI can be co

registered certificates or deposited in bank

c. Cmovables be invested in safe securities

d. Interest on proceeds or property under adminusufructuary Owner may retain property as administrator w/ deliver fruits to usufructuary until he gives sufficient security Effect of se



Page 71 of 297


4. Take cfamily

5. Liable for n ault of person who substitu

6. If usufruct bound to renatural caus them perish disease / un mains

e on remaining portion; if on sterile

8.

9. made by owner

11.

12. ct of 3 person

s if it

13. s in suits brought

NAKEDRIG

1. 2. 3. fructuary

ufruct or prejudice right of usufructuary

penses; usufructuary obliged nd there is the

3. 4.

pay mortgage; if attached, owner to be liable for whatever is lost by usufructuary

5. if property is expropriated for public use – owner obliged to either replace it or pay legal

of net proceeds of the

EXTING FRUCT

trary

• loss in part – remaining part shall continue to

• tow or more than 50 years

• whereby estroyed

•

m• pays

premium; if only owner – then proceeds will

• •

BOOK III. DIFFERENT MO

are of property as a good father of

egligence & fte him

is constituted on animals – duty place dead animals that die from es or became prey; if all of

w/o fault but due to contagious common event – deliver re

saved; if perish in part due to accident – continuanimals – as if fungible – replace same kind & quality

7. Obliged to make ordinary repairs – wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary – during existence of usufruct Obliged to make expenses due to his fault; cannot escape by renouncing usufruct Pay legal interest from extraordinary expenses

10. Payment of expenses, charges & taxes affecting fruits Payment of interest on amount paid by owner charges on capital Obliged to notify owner of a rd

prejudicial to rights of ownership – he is liable if he does not do so for damages – awas caused through his own fault Expenses, cost & liabilitiewith regard to usufructuary – borne by usufructuary

OWNER HTS OF NAKED OWNER

Alienate thing Can’t alter form or substance Can’t do anything prejudicial to usu

4. Construct any works and make any improvement provided it does not diminish value or us

OBLIGATIONS OF OWNER

1. extraordinary exto inform owner when urgent aneed to make them

2. expenses after renunciation of usufruct taxes & expenses imposed directly on capital if property is mortgaged, usufructuary has no obligation to

interest to usufructuarysame

UISHMENT OF USU1. death of usufructuary – unless con

intention appears 2. expiration of period of usufruct 3. merger of usufruct & ownership 4. renunciation of usufructuary – express 5. total loss of thing 6. termination of right of person constituting

usufruct 7. prescription – use by 3rd person

be held in usufruct usufruct cannot be constituted in favor of a

n, Corp or assoc. fusufruct constituted on immovablea building is erected - & building is d– right to make use of land & materials if owner wishes to construct a new building – pay usufructuary the value of interest of land

aterials & both share in insurance if both

go to owner only effect if bad use o• f the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver netfruits to usufructuary at termination of usufruct: thing to be delivered to owner with rig ht of retention for taxes & extraordinary expenses w/c should be reimbursed security of m• ortgage shall be cancelled

DES OF ACQUIRING OWNERSHIP

OF ACQUIRING OWNERSHIP:MODES (OLDTIPS) O1. ccupation

2. Law 3. Donation

T4. radition 5. Intellectual Property 6. Prescription 7. Succession

M1. Absolute – affected

a. Physical lo s or destruction

erce of man)

ODES OF EXTINGUISING OWNERSHIP:

all persons are s

b. Legal loss or destruction (when it goes out of the comm




Page 72 of 297

2. Relative – only for certain persons for others their ownership w

io sequence of n contracts

d. Donation

or right scission,

OCCUPATI

ma acquirea. Lab. Succession c. Tradit n as a con

certai

e. Abandonment f. Destruction of the prior title

(like expropriation, reannulment, fulfillment of a resolutory condition)

g. Prescription

ON is the acquisition of ownership by seizing corp have no owner, made oreal things that with the intention of acquiring them, and accomplished a les ccording to legal ru REQUISITE

1. The m(the maas there

2. The p must be corporeal pers

3. The property seized must be susceptible of

ropriate 5. the requisites or conditions of the law must

plied with WHAT OCCUP•

aba• • anim

KINt yet

b. mals – originally wild but have been captured & tamed; now belong to

of owner; becomes res nullius if

tate of freedom y s

oned by owner •

belo• aba

ANIMAL1.

amages, if any)

edeemed within 20 days ation of another person; if

no redemption made, they shall pertain to the one who caught them

MOVABLES:

r’s property 2. Mov le

a. musb. if fin

cha unknown, give to mayor;

movbes

d. of o s not appear 6 months after publication, thing found shall be awarded

finder ay

inder as

ion or w/o expenses it

WHAT C OT BE ACQUIRED BY OCCUPOwnership o

• bec n a land is without an owner, it

• landpres to be public land

• aba

S: re ust be a seizure or apprehension

terial holding is not required as long is right of disposition) operty seir zed

onal property

appropriation (either abandoned property – res derelicata, or unowned property – res nullius)

4. There must be the intent to app

be com

ARE THE THINGS SUSCEPTIBLE TO ATION?

things that are w/o owner – res nullius; ndoned

stolen property cannot be subject of occupation als that are the object of hunting & fishing

DS OF ANIMALS: wild – coa. nsidered res nullius when nocaptured; when captured & escaped –become res nullius again domesticated ani

their capturer; has habit of returning to premises they lose that habit of returning & regain their original s

c. domestic/tame animals – born & ordinarilraised under the care of people; become renullius when aband

hidden treasure (only when found on things not nging to anyone) ndoned movables

S:

Swarm of bees - owner shall have right to pursue

them to another’s land (owner to identify latter for d

- land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees

2. Domesticated animals - may be r

from occup

3. Pigeons & fish - when they go to another breeding

place, they shall be owned by the new owner provided they are notenticed

1. Treasure found on anotheab found w/c is not treasure:

t be returned to owner der retains the thing found – may be

rged with theft c. if owner is

mayor shall announce finding of the able for 2 weeks in way he deems

t wner doe

to e. if owner appears, he is obliged to p

1/10 of value of property to fprice

f. if movable is perishable or cannot be kept w/o deterioratshall be sold at public auction 8 days after the publication

ANNATION?

f a piece of land ause whe

pertains to the state that does not belong to anyone is umed

but when a property is private and it is ndoned – can be object of occupation




Page 73 of 297

PRESCRIPTION is a mode by which one acquires ownersh hts thru lapse of time; ip and other real rigalso a means by which one loses ownership, rights & actions; t period began to retroactive from the momenrun

INDS:

prescription c. Possession of thing under certain

conditions time provided by law

2. WHO M

1. pers able of acquiring property

2. STA3. onally

GAINST WHOM PRESCRIPTION RUN:

o have

2. dministrators living abroad who have

4. juridical persons except the state with onial in

5. sbands & wife (during

7. rdian & ward (during

8. 9. wner of property & person in

oncept of holder THINGS ON: all things with

1.

THINGS

1. public domain

ENUNCIATION OF PRESCRIPTION:

may iption already obtained but

e in the future

d to have been tacitly renounced; renunciation results from the acts

cquired

ciation PRESRIGHTSKINDS

12.

EQUISITES FOR ORDINARY PRESCRIPTION:

st title

for movables movables

4. in concept of an owner

REQ EXTRA-ORDINARY PRE

1. 2.

es

3. in concept of an owner

GOhat person who

alidly

t the entire period

RUE & VALID) – must be proved & nev

• •

ership if grantor had been the owner

but there is vice/defect in capacity mit ownership

IN C

• hat of the owner

• claim that he owns the property

K1. Acquisitive

General Requisites: a. Capacity to acquire by prescription b. Thing capable of acquisition by

d. Lapse of Extinctive

AY ACQUIRE BY PRESCRIPTION: on who are cap

by other legal modes TE

minors – through guardians of pers

A1. minors & incapacitated person wh

guardians absentees who have a

3. persons administrators

regards to property not patrimcharacter between hu

6. between parents & children minority/insanity) between guaguardianship) between co-heirs/co-owners between opossession of property in c

SUBJECT TO PRESCRIPTIin the commerce of men

private property2. patrimonial property of the state

NOT SUBJECT TO PRESCRIPTION:

2. in transmissible rights 3. movables possessed through a crime 4. registered land

R• persons with capacity to alienate

renounce prescrnot the right to prescrib

• may be express or tacit • prescription is deeme

w/c imply abandonment of right a• creditors & persons interested in making

prescription effective may avail themselves notwithstanding express or tacit renun

CRIPTION OF OWNERSHIP & OTHER REAL

OF ACQUISITIVE PRESCRIPTION . ordinary

extra-ordinary

R1. possession in good faith 2. ju3. within time fixed by law

a. 4 yearsb. 8 years for im

5. public, peaceful, uninterrupted

UISITES FORSCRIPTION:

just title is proved within time fixed by law a. 10 years for movablb. 30 years for immovables

4. public, peaceful, uninterrupted

OD FAITH • Reasonable belief t

transferred thing is the owner & could vtransmit ownership

• Must exist throughourequired for prescription

JUST TITLE (T

er presumed Titulo Colorado - Titulo putativo -

• title must be one which would have been sufficient to transfer own

• through one of the modes of transferring ownershipof grantor to trans

ONCEPT OF OWNER possession not by mere tolerance of owner but adverse to t




Page 74 of 297

PUB• • ce • Uninterrupted (no act of deprivation by

ent of property INTERR

a. through any cause, possession ceases

c. plaintiff desist from complaint/allow dings to lapse

ssor is absolved from complaint

ime RUL MPUTATION OF PERIOD:

1. n ssor in

2. Pre umed to be in ng

time n3. Firs a luded

2. when there is succession of rights

ACTIONS •

1. ver immovables from time

n written

upo3. 8 y to recover movables from

time possession is lost al contract, upon a

7. ry & detainer, for defamation

• PRE

2. sance

4. property subject to expressed trust

6.

DONATION

LIC, PEACEFUL & UNINTERRUPTED Must be known to the owner of the thing Acquired & maintained w/o violen

others) in the enjoym

UPTION 1. Natural

for more than 1 year b. if 1 year of less – as if no interruption

2. Civil a. produced by judicial summons; except: b. void for lack of legal solemnities

proceed. posse

• express or tacit renunciation • possession in wart

ES IN COPresent possessor may tack his possessioto that of his grantor or predeceinterest

sent possessor prescontinuous possession even with interveni

u less contrary is proved t d y excluded, last day inc

TACKING PERIOD

1. there must be privity between previous & present possessor possible

3. if character of possession different: - predecessor in bad faith possessor in

good faith – use extraordinary prescription

PRESCRIPTION OF

BY LAPSE OF TIME FIXED BY LAW 30 years - action opossession is lost

2. 10 years - mortgage action, upocontract, upon obligation created by law,

n a judgement ears - action

4. 6 years - upon an orquasi-contract

5. 5 years - actions where periods are not fixed by law

6. 4 years - upon injury to rights of plaintiff, upon a quasi-delict 1 year - for forcible ent

RIGHTS NOT EXTINGUISHED BY SCRIPTION:

1. demand right of way abate public /private nui

3. declare contract void recover

5. probate of a will quiet title

CHA

ation imposed on the

fected at time donor

EQ S

1. The donor must have capacity to make the donation of a thing or ri

2. He must ha tive intent (animus donandi) or intent to make the donation out

enefit the donee 3.

the thing or right donated 4.

RACTERISTICS: a. Unilateral – oblig

donor b. Consensual – per

knows of acceptance

R UI ITES::

ght ve the dona

of liberality to bDelivery, whether actual or constructive of

donee must accept or consent to donation

Quijada v CA 299 SCRA 695 (1998) The donation is perfected once the acceptance of the donation was made known to the donor. only revert to the Accordingly, ownership willdonor if the resolutory condition is not fulfilled. REQUIR

2. causa – anything to support a consideration: past service,

2. a – takes effect upon the death

3. and before its celebration, in

f the future spouses.

EMENTS OF A DONATION: 1. subject matter – anything of value; present

property & not future, must not impair legitime

generosity, charity, goodwill,debt

3. capacity to donate & dispose & accept donation

4. form – depends on value of donation KINDS: AS TO EFFETIVITY

1. Inter vivos – takes effect during the lifetime of the donor Mortis Causof the donor Propter Nuptias – made by reason of marriageconsideration of the same and in favour of one or both o




Page 75 of 297

Donation Inter Vivos Donation Mortis

Causa Disposition and

eeffec e of

o

Disposition happens

donor acc ptance to take

t during lifetimupon the death of

don r and donee Alredonea co ity is

upon the death of the donor, still e

ady pertains to the e unless there is

ntrary intent

Even if there is a term of effectivity and effectiv

ntitled to fruits Formalities required -

and

Forma uired

and donation must be in the form

follow law on donations and certain kinds of donations & law on obligationscontracts (suppletory)

lities req- follow law on succession to be valid,

of a will Irrevocable at the instance of the donor; may be revoked only by reasons provided by law

Revocable ad mutuum (exclusive will of donor)

Revoked only for reasons provided for by law (except onerous donations)

KIN

tion of the

uneratory or compensatory – that ratitude on account of

d by the donee to the ey do not constitute a

e debt. 3. modal – which imposes upon the donee a

ss than the value of the gift ich is considered

d contracts KINDS:EXTING

1. period

ACCEP

a. acceptance must be made personally or thru

be made orally or in writing: •

oral or written, if

ery of thing/document &

st be written and accepted also in writing

able - must be in a public

inst (in same instrument or in other

the lifetime of the donor

In case ofinter vivos BADGES O

Tit

survives transfer

LASSIFICATION OF DONATION INTER VIVOS

USE DS: AS TO CONSIDERA1. Simple – the caus

liberality of the donodonee’s merits

2. rem

TION e of which is the purer in considera

which is given out of gthe services renderedonor, provided thdemandabl

burden le4. onerous – the value of wh

the equivalent of the consideration for which it is given and is thus governed by the rules of obligations an

AS TO EFFECTIVITY OR UISHMENT Pure – not subject to any condition (uncertain event) or

2. Conditional – subject to suspensive or resolutory condition

3. With a Term – subject to a period, suspensive or resolutory

TANCE

agent b. donation may

movable: 5,000 & below – may be

oral it must be with simultaneous delivacceptance need not be in writing

above 5,000 - mu

• immovinstrument & acceptance must also be in a public

rument instrument) ; otherwise it is void c. must be made during

and donee

doubt with regards to nature of donation:

F MORTIS CAUSA: 1. le remains with donor (full or naked

ownership) & conveyed only upon death 2. Donor can revoked ad mutuum 3. Transfer is void if transferor

C1. From the viewpoint of MOTIVE, PURPOSE,

OR CA

Pure/ Simple

Remuneratory

Conditional Onerous

a. Conn Merits of donee charge of

ovided they do

cons te

sed but value is

thing donated

le consideratsideratio or merits considerati

Liberality Valuable Valuab

of donee or burden/

on is impo

ion given

past less than services pr

value of

not titu

demandable debt

b. law to apply/ forms Law on donations

Law on donations

Extent of burden

Law on obligations imposed> oblicon excess> donation

c. form of acceptance Required

Required Required Required

d.reservation

QuickTime™ and aressorre.


Page 76 of 297

TIFF (Uncompressed) decompare needed to see this pictu

w/regards to personal support & legitime Applicable

Applicable

Applicable

Not Applicable

e. warranty

In bad ith only

In bad faith nly

Applies

against eviction & hidden

fects deIn bad faith only

fa

o

f. revocation Applicable

Applicable

Applicable

Applicable

2. From the viewpoint of the TAKING E

vi s – takes effect before the death in prae enti – to be elivered in futuro (also

nsid ed inter vivo ) mortis

iewpoint of OCCASION ry donation

ation t

rty – donation of inalienable

WH

ntract and dispose of

s w/c are not

ardian – not more than

WHO ARE DI

1.

2. hus

3. beadulte

4. betwe al

5.

RECEIVE DO

1. onfession of donor during

munity where priest belongs

s last illness

of donor’s present property provided

the

o his

be impaired •

red cted • EXCEPT: conditional donation & donation mortis

DOUBLE DO : Rule: P riority in right

1. goo

2. in registry

rst took

nce thereof, one who can present

TIONS vivos

DONCHILDR TS AT TIME OF DONA

1. If mate legitimated

2. If out to be alive & not dead contrary to belief of donor

pts a minor child

FFECT • Inter•

co•

vos d

er scausa

3. From the v

• ordina• don proper nup ias

4. from the viewpoint of OBJECT DONATED

• corporeal property a. donation of real property b. donation of personal property

• incorporeal properights

M IONS O AY GIVE DONAT

• All persons who may cotheir property

WH TIONS O MAY ACCEPT DONA

1. natural & juridical personespecially disqualified by law

2. minors & other incapacitated a. by themselves

i. if pure & simple donation written acceptance ii. if it does not require

b. by guardian, legal representatives if needs written acceptance

i. natural gu50,000

ii. court appointed - more than 50,000 3. conceived & unborn child, represented by

person who would have beenorn guardian if already b

SQUALIFIED TO DONATE: guardians & trustees with respect to property entrusted to them

band & wife

tween paramours/persons guilty of ry en parties guilty of same crimin

offense Made to public officers, wife, descendant, ascendant

OTHER PERSONS DISQUALIFIED TO

NATIONS priest who heard chis last illness

2. relatives of priest within 4th degree, church, order, com

3. physician, nurse, etc. who took care of donor during hi

4. individuals, corporations, associations not permitted

WHAT MAY BE GIVEN: • All or part

he reserves sufficient means for the support of ff: a. himself b. relatives who by law are entitled t

support c. legitimes shall not

when w/o reservation or if inofficious, may be uced on petition of persons affe

causa • EXCEPT: future property

NATIONSriority in time, pIf movable – one who first take possession in

d faith If immovable – one who recorded of property in good faith • no inscription, one who fi

possession in good faith • in abse

oldest title REVOCATION OF DONA

• applies only to donation inter • not applicable to onerous donations

ATIONS MADE BY PERSON WITHOUT EN OR DESCENDAN

TION: donor should have legiti ,

or illegitimate children child came

3. If donor subsequently ado

QuickTime™ and (Uncompressed) decomre needed to see

aTIFF pres

a this picture.


Page 77 of 297

sor

CTION FOR REVOCATION BY REASON OF

erty of donor, spouse, children

2. r any criminal offense

t/crime has been or

children under his parental authority

hen legally or morally bound to give

AINGRATITUDE

1. Donee commits offense against person, honor, propunder his parental authority Donee imputes to donoor any cat involving moral turpitude even if he should prove it unless accommitted against donee himself, spouse

3. Donee unduly refuses to give support to donor wsupport to donor

BIRTH OF CHILD

NON-FULFILLMENT OF CONDITION

INGRATITUDE

Ipso jrevocneed codemerelDecla

ure ation, no for action.,

needs court action

needs court action

urt cision is

y ratory

Extent: portion whi y ch maimpair legitime of heirs

Extent: whole portion but court may rule partial revocation only

Extent: Whole portion returned

Property must

Property in excess

Property to be returned be returned

Alienation/mortgages done prior to recording in Register of Deeds: If already sold or cannot be returned – the value must be returned If mortgaged – donor may redeem the mortgage with right to recover from donee

Alienations/mortgages imposed are void unless registered with Register of Deeds

Prior ones are void; demand value of property when alienated and can’t be recovered or redeemed from 3rd persons

Fruits to bereturned at filingof action for revocation

nt

Fruits to be returned at filing of complaina

Prescription of action is 4 years from birth, etc.

Prescription is 4 years from non-

Prescription is 1 year from knowledge of

fulfilment fact and it was possible for him to bring action

Action cannot be renounced

Action cannobe renouin advance

t nced

Right of action transmitted to heirs

Right of action at instance of donor but may be transmitted to heirs

Heirs can’t file action

Action extends to donee’s heirs

s

Action does not extend to donee’s heir

E OF ACTION WITH EVOCATION DUE TO INGRATITU

1. personal to le is heir cannot institu ot institute

2. heirs can onl the ff cases: dings but dies

br n for revocation b. donor al civil action but

died, heirs can substitute

w/o having known the

ath ble if

INOFFI

1. sha to the excess 2.

right to legitimate at time of donation 3.

ask nation 4.

5. equally & reduction is pro rata but donor may

ich must be expressly

CHECK

sa, governed by law on

XCEPTION TO RULE ON INTRANREGARDS TO RDE: the donor; general rute if donor did ny file in

SMISSIBILITY

a. donor hasbefore

instituted proceinging civil actioready instituted

e

c. donee killed donor or his ingratitude caused the death of the donor

d. donor died ingratitude done

e. criminal action filed but abated by de3. can only make heirs of donee lia

complaint was already filed when donee died

CIOUS DONATIONS: ll be reduced with regards

action to reduce to be filed by heirs who have

donees/creditors of deceased donor cannot for reduction of do

if there are 2 or more donation: recent ones shall be suppressed if 2 or more donation at same time – treated

impose preference whstated in donation

LIST FOR DONATION: 1. Whether onerous or gratuitous – if onerous,

governed by law on contracts 2. If gratuitous, whether mortis causa or inter

vivos – if mortis causuccession




Page 78 of 297

3. onor). If no perfection,

donation is void. the capacity of the

oid

T S E M E N T S O R

If inter vivos, whether perfected or not (made known to the d

4. If perfected, check for donor to give and the donee to receive. If no capacity, donation is void

5. Compliance with Art 748 (movable) and 749 (immovable) of NCC. Non-compliance, donation is v

i t l e V I I - E AS E R V I T U D E S

ENT EASEM is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. The immovable in favor of ent is established is called which the easemthe ominant estate; that which is subject thereto, dthe rvient estate. se

: 1. According to purpose of easement or the

that which prohibits the owner of the servient estate from doing something which he could lawfully do if

2. ven the benefit

are obliged to allow water

b. . easement of

ock) 3. A

a.

ous; easement of light

b.

e

3. Acc r not their existence is indi

a. s that reveal

an alley or

b. show no external

asement of not building to more

Kinds

nature of limitation a. Positive – one which imposes upon the

servient estate the obligation of allowing something to be done or of doing it himself

b. Negative –

the easement did not exist According to party gia. real (or predial) – for the benefit of

another belonging to a different owner (e.g. easement of water where lower estates naturally descending from upper estates to flow into them) personal – for the benefit of one or more persons or community (e.gright of way for passage of livest

ccording to the manner they are exercised continuous – their use is incessant or may be incessant NOTE: for legal purposes for acquisitive prescription, the easement of aqueduct is considered continuand view is also continuous discontinuous – used at intervals and depend upon the acts of man Ex. right of way because it can only bused if a man passes ording to whether ocated

apparent – make known and continually kept in view by external signthe use and enjoyment of the same Ex. right of way when there is a permanent path non-apparent – they indication of their existence Ex. ethan certain height

Amor v Florentino 74 Phil 404 (1951) Doctrine of Apparent Sign. Easements are inseparable which they actively or from the estate to passively pertain. The existence of the apparent sign under Art. 6 s as if there 24 is equivalent to a title. It iis an implied contract between the two new owners that the ea nstituted, since no sement should be coone objected to the continued existence of the windows.

4. According to right given a. right to partially use the servient estate

Ex. right of way b. right to get specific materials or objects

from the servient estate c. right to participate in ownership

Ex.. easement of party wall d. right to impede or prevent the

from performing a

5. Ac urce or origin and

a. d by will or estator

b. reement and

c.

HOW E1. 2. by t3.

app ts)

neighboring estate specific act of ownership

cording to soestablishment of easement

voluntary – constituteagreement of the parties or by a tmixed – created partly by agpartly by law legal – constituted by law for public use or for private interest

STABLISHED: by law (Legal)

he will of the owners (Voluntary) through prescription (only for continuous and

arent easemen

La Vista A A 278 SCRA 498 ssociation, Inc. v. C(1997) HELD: NO D NTS. Resultantly, when the JU ICIAL EASEMEcou creating rt says that an easement exists, it is not one F. or, even an injunction cannot be used to create ch thing as a judicial one as there is no sueasement. The court merely declares the existence of an easement created by the parties. It must be emphasized, however, that we are not constituting an




Page 79 of 297

easement along Mangyan Road, but merely declaring the existence of one created by the manifest will of the parties herein in recognition of autonomy of contracts.

ESSENTIAL QUALITIES OF EASEMENTS:

1. incorporeal 2. imposed upon corporeal property 3. confer no right to a participation in the profits

arising from it 4. imposed for the benefit of corporeal

. has 2 distinct tenements – dominant and

perpetual LEG

5servient estate

6. cause must be

AL EASEMENTS are those imposed by law having ither public use of the interest for their object eIf p t d by the riva e persons. They shall be governespecial laws and regulations relating thereto, and in the abs e Civil Code. ence thereof, by th

INDS: (WRPL DIAL) K1. Easement Relating to Waters 2. Easement of Right of Way 3. Easement of Party Wall 4. Easement of Light and View 5. Drainage of Building 6. Intermediate Distances and Works for

ns and Plantings Certain Constructio7. Easement Against Nuisance 8. Lateral and Subjacent Support

EAS S • to receive the waters

man well as ith them

• l impede the easement; neither can the owner of the higher

he burden

in the

•

•

in favor of a town or village, after

• through the intervening

t of way is the

•ap t

EASEM IGHT OF WAY • or class of persons to

pe have no adequate outlet to a public highway subject, however to payment of

land burdened by

•

ion should not be due to the proprietor’s

tance of c highway may

• sory if the isolation of the

•

:

• EXTof w1. nt estate is joined to

ate (such as when the dominant adjacent estate) which is

blic road, the access being

n a new road is opened giving access to

EMENT RELATING TO WATERlower estates are obligedwhich naturally and without the intervention of

descend from the higher estates, asstones or earth which they carry wcannot construct works which wil

estate make works which will increase t• banks of rivers and streams, although of private

ownership, are subject throughout their entire length and within a zone of 3 meters along their margins, to the easement of public use general interest of navigation, floatage, fishing and salvage estates adjoining the banks of navigable and floatable rivers are, subject to the easement of towpath, for the exclusive service of river navigation and floatage compulsory easements for drawing of water and for watering animals can be imposed for reasons of public usepayment of the proper indemnity

Use of any water by anyone can be disposed by having the water flow estates but is obliged to do the following: 1. prove that he can dispose of the water that is

sufficient for the use for which it is intended 2. show that the proposed righ

most convenient and least onerous to 3rd persons

3. indemnify the owner Easement of aqueduct is continuous and

parent even though the flow of water may nobe continuous

ENT OF RRight granted to a personpass over the land of another by using a

articular pathway therein, to reach the former’s states, which

indemnity to the owner of thethe right REQUISITES: 1. the dominant estate must be surrounded by

other immovables, and which has no adequate outlet to a public highway

2. Payment of proper indemnity 3. Isolat

own acts 4. Right of way claimed is at a point least

prejudicial to the servient estate, and insofar as consistent with this rule, the disthe dominant estate to a publibe the shortest. not compulimmovable is due to the proprietor’s own acts Right of Way is granted without indemnity if land was acquired by and is surrounded by the other estates of the vendor, exchanger or co-owner througha. Sale b. Exchange c. partition INGUISHMENT: Legal or compulsory right ay when the dominaanother estowner bought anabutting a puadequate and convenient

2. whethe isolated estate

o both cases: must substantially meet the needs of the dominant estate. Otherwise, the easement may not be extinguished.




Page 80 of 297

• • If e turn the amount received

as inde tinterest. Intthe rent.

• Easement f e of livestock (animal rs in width), animal

ll be governed by the ordinances and

EAS•

• 1. the Civil Code,

• ontrary:

g walls or adjoining buildings up on elevation

2. or yards or in rural

ve hedges dividing rur

• S AN

EAS1. dow or opening in the dividing

wa2. ll is on one side straight and

5.

e coping sheds the water

6.

7. closed

belong has in these s

EASEMENT OF LIGHT AND VIEW •

gh a party wall . from the time of the formal prohibition upon

the proprietor of the adjoining land, if window nant estate

r of a wall which is not a party wall can

1. ght at the height of the

2. with

• ards such conterminous property

•apwhi ards an

HO

1

34

temporary or conditional) 5. renunciation of the owner of the dominant

mption agreed upon

Extinguishment not ipso facto xtinguished, must re

mni y to the dominant owner without any erest shall be deemed in payment for

or the passagpath, shall not exceed 75 metetrail (shall not exceed 37 meters and 50 sq. cm.) or any other, and those for watering places (shall not exceed 10 m), resting places and animal folds, sharegulations relating thereto and in the absence thereof, by the usages and customs of the place.

EMENT OF A PARTY WALL A wall erected on the line between two adjoining properties belonging to different persons, for the use of both estates. Governed by:

2. local ordinances and customs 3. the rules of co-ownership

Presumed, unless there is a title, or exterior sign, or proof to the c1. in dividin

to the point of commin dividing walls of gardens

situated in cities, towns,communities

3. in fences, walls and lial lands

IT IS UNDERSTOOD THAT THERE IEXTERIOR SIGN, CONTRARY TO THE

EMENT OF PARTY WALL WHENEVER: there is a win

ll of buildings dividing waplumb on all its facement, and on the other, it has similar conditions on the upper part but the lower part slants or projects outward

3. entire wall is built within the boundaries of one of the estates

4. the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others the dividing wall between courtyards,gardens and tenements is constructed in such a way that thupon only one of the estates the dividing wall, being built by masonry, has stepping stones, which at certain intervals project from the surface of one side only, but not on the other the lands enclosed by fences or live hedges adjoin others which are not en

In all these cases, the ownership is deemed to exclusively to the owner of the property which its favor the presumption based on any of igns.

period of prescription for the acquisition shall be counted: 1. from the time of opening of the window, if

throu2

is through a wall on the domi• when the distances in Art. 670 are not observed,

the ownemake in it:

openings to admit liceiling joints or immediately under the ceiling, of the size of 30 centimeters square an iron grating embedded in the wall and a wide screen

distance of 60 sq. cm. for side or oblique views upon or tow

leave a distance of 2 meters if the windows, ertures, balconies or other similar projections ch afford a direct view upon or tow

adjoining land

W EXTINGUISHED: . merger

2. non-user for ten years . when easement can no longer be used . expiration of the term or fulfilment of the

condition (if

estate of the rede

T i t l e V I I I – N U I S A N C E NUISANCE is any act, omission, establishment, business, condition of property, or anything else which: 1 fety of ) injures or endangers the health or saothers 2) annoys or offends the senses 3) shocks, defies or disregards de bstructs cency or morality 4) oor interfer y public es with the free passage of anhighway or street, or any body of water 5) hinders or impairs the use of property. Lapse of time cannot legalize any nuisance, whether public or private Kinds of Nuisances According To Number of Persons Affected:



Page 81 of 297


1. Public (or common) nuisance – affects a community or neighbourhood or considerable number of persons.

ns only

er Se – always a nuisance

2. ns – nuisance by reason

aged.

NUISANCE:

a character likely to attract

ereto, is liable to a child of tender years who is injured thereby,

asser in

2.

REM

1.

2. 3. (all rem

Y A PRI

1. thing which constitutes the

ssary without

ry injury

UISANCE BY A PRIVATE PER

1. as been made

3. the assistance of

the local police

A P UBLIC OFFICIAL EXT A NUISANCE SHA

1. 2. sance is later declared by the

REMEDIES AGAINST A PRIVATE NUISANCE:

2. Private nuisance – affects a an individual or few perso

OTHER CLASSIFICATION:

1. Nuisance Pbecause of its nature regardless of location or surroundings Nuisance Per Accideof location, surrounding or in the manner it is conducted or man

DOCTRINE OF ATTRACTIVE

1. Reason for the doctrine: “one who maintains on his premises dangerous instrumentalities or appliances ofchildren in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting th

even if the child is technically a trespthe premises. The principal reason for the doctrine is that the condition or appliance in question although its danger is apparent to those of age, is so enticing or alluring to children of tender years as to induce them to approach, get on or use it, and this attractiveness is an implied invitation to such children” Application to bodies of water – generally not applicable to bodies of water, artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location. Thus, a swimming pool or pond or reservoir of water is not considered an attractive nuisance.

EDIES AGAINST A PUBLIC NUISANCE: a prosecution under the Penal Code or any local ordinance a civil action extra-judicial abatement remedies may be simultaneously pursued to ove a nuisance)

WAYS OF ABATING PUBLIC NUISANCE B

VATE CITIZEN: Removing the nuisance

2. destroying the thing when necedisturbing the peace of the community, or doing unnecessa

REQUIREMENTS FOR ABATEMENT OF A PUBLIC/PRIVATE N

SON: demand h

2. demand has been rejected abatement be approved by the district health officer and executed with

4. value of the destruction does not exceed P3000

RIVATE PERSON OR A PRAJUDICIALLY ABATING LL BE LIABLE FOR DAMAGES:

If he causes unnecessary injury. If an alleged nuicourts to be not a real nuisance.

1. civil action 2. abatement, without judicial proceedings

Negligence Nuisance Basis Liability is based

diligence

Liability attaches

degree of care or d to

avoid the injury

on lack of proper regardless of the care or

skill exercise

Condition of the act

Act complained of is already done which caused the injury to the plaintiff

There is continuing harm being suffered by the aggrieved party by the maintenance of the act or thing which constitutes the nuisance

Abatement

is action for damages.

Abatement is not available as a remedy. The remedy

Abatement without judicial proceedings is allowed to suppress the nuisance (ART 699 & 705)

NOTE: 1. No le

or pub2. Even no lo

aggrieved person may staction for damages for th ffered during the existence of nuisance

galization of nuisance, whethlic, by prescription if nuisance

er private

nger exists, the ill pursue a civil e injuries su




Page 82 of 297

3. Subsequent owner of the property, having full

isance is solidarily

4.

5. nce shall be

6.

h

ublic by reason thereof.

knowledge of the existence of the nuisance, did not remove the nuliable for the injuries and damages caused. Owner of nuisance property is not entitled to compensation Civil action against a public nuisacommenced by the Mayor of the locality. A private person may commence a civil action to eliminate a public nuisance only if he suffered a particular harm or injury whicis different from the harm or damage suffered by the general p

ateneo-2007 property reviewer

Documents