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 (SANDO DED CMC) 1. Susceptibility of Substitutio! Fungible or Nonfungible 2. Alie"bility! Within the commerce of man or Outside the Commerce of an. !. N"tu#e! "eal, #ersonal or i$ed %. Di$isibility! &i'isible or (ndi'isible ). O%e#s&ip! #ublic or #ri'ate *. Depe'ece o# I(po#t"ce! #rincipal or +ccessory ,. E)istece! -$isting or Future .. Defiiteess o# Desi*"tio! /eneric or 0pecific 1. Cosu("bility! Consumable or Non2Consumable 13. M"te#i"lity! Corporeal45angible or (ncorporeal4(ntangible 11. Custo'y o# Cou#t o# F#ee! (n custodia legis or Free. RE+,ISITES-C.ARACTERISTICS OF PROPERTY! (,SA) 1. ,tility- the capacity to satisfy some moral or economic human wants. 2. Subst"ti$ity or I'i$i'u"lity2 the 6uality of ha'ing e$istence apart from any other thing. !. App#op#i"bility- susceptibility of being possessed by men. CLASSIFICATION OF IMMO/A0LE PROPERTY! (NIDA) 1. N"tu#e- Cannot be mo'ed from place to place because of their nature. a. 7and, 8uildings, roads and constructions of all 9inds adhered to the soil. :%1).1; b. ines, <uarries and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant. :%1)..; 1u#isp#u'ece2 a. Bicarro vs. Teneza: =Once a house is demolished, its character as an immo'able ceases.> b. Leung Yee vs. Strong Machinery Co.: =5he building of strong materials in which the rice2 cleaning machinery was installed by the ?Compa@ia +gricola Filipina? was real property, and the mere fact that the parties seem to ha'e dealt with it separate and apart from the land on which it stood in no wise changed its character as real property. (t follows that eit&e# t&e o#i*i"l #e*ist#y i t&e c&"ttel (o#t*"*e of t&e buil'i* "' t&e ("c&ie#y ist"lle' t&e#ei, o# t&e "ot"tio i t&"t #e*ist#y of t&e s"le of t&e (o#t*"*e' p#ope#ty3 &"' "y effect %&"te$e# so f"# "s t&e buil'i* %"s coce#e'!4 c. Standard Oil Co. of New York vs. ara!illo" 5he parties to a contract of chattel mortgage may by agreement treat as personal property that which by nature would be real property, such as le"se&ol' #i*&ts "' buil'i*. d. #vangelista vs. $lto Surety % &nsurance Co.- =(ntention to treat as personal property not binding to third persons, but only to contracting parties.> e. Makati Leasing % 'inance Cor(. vs. )earever Te*tile Mills+ &nc.-=5he law ma9es no distinction as to the ownership of land on which the house is built.> f. ,avao Saw!ill Co.+ &nc. vs. Castillo" =+ mortgaged house built on a rented land is personal property not only because the deed of mortgage considered it as such, but also because it did not form part of the land for it is now well2settled that an object placed on land by one who 1 Property has only a temporary right to the same such as the lessee or usufructuary, does not become immobiliAed by attachment.> g. Tu!alad vs. -icencio" =0tatements by the owner declaring his house to be a chattel is a conduct that may concei'ably estop him from subse6uently claiming otherwise. :Ladera vs. C.N. .odges. +lthough there is no specific statement referring to the subject house as personal property, yet by ceding, selling or transferring a property by way of chattel mortgage defendants2 appellants could only ha'e meant to con'ey the house as chattel, or at least, intended to treat the same as such, so that they should not now be allowed to ma9e an inconsistent stand by claiming otherwise.> 2. Ico#po#"tio-essentially mo'ables but attached to an immo'able that it becomes an integral part of it. (TESA) a. Trees, plants B growing fruits adhered to the soil. :%1).2; b. E'erything attached to an immo'able in a fi$ed manner that it will brea9 or deteriorate if separated. :%1).!; c. Statues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immo'able is re'ealed. :Only the owner or agent should place them. %1).% d. Animal houses if intended by the owner to become permanently attached to the immo'able. :%1).*; 1u#isp#u'ece2 a. Lavarro vs. La/itoria" =0ince trees and plants anne$es to the lands are parts thereof, unless rights or interests in such trees or plants are claimed in the registration proceedings by others, they become the property of the persons to whom the land is adjudicated.> b. Si/al vs. -aldez" =For purposes of attachment, e$ecution and the chattel mortgage law, growing crops or fruits or ungathered products or fruits ha'e the nature of personal property.> c. Uprooted timber still part of the timber land according to Manresa. !. Desti"tio- mo'ables but purpose is to parta9e of an integral part of an immo'able for the utility it gi'es to the acti'ity carried thereon. a. 0tatues, reliefs, paintings or other objects for use or ornamentation if intention to attach them permanently to the immo'able is re'ealed. :Only the owner or agent should place them. %1).% b. achinery, receptacles, or instruments placed by owner of the tenement or his agent and tend directly to meet the needs of such wor9s4industry. :%1).); c. +nimal houses if intended by the owner to become permanently attached to the immo'able. :%1).*; d. FertiliAer actually used on a piece of land. :%1).,; e. &oc9s and structures which though floating are intended by their nature and object to remain at a fi$ed place on a ri'er, la9e or coast. :%1).1; 1u#isp#u'ece2 a. ,avao Saw!ill vs. Castillo" =achinery which is mo'able in its nature only becomes immobiliAed when placed in a plant by the owner of the property or the plant. 8ut not when so placed by the tenant, a usufructuary or any person ha'ing only a temporary right, unless such person acted as the agent of the owner.> 2 Property b. Burgos+ Sr. vs. Chief of Staff" =achinery, though in fact bolted to the ground, remains mo'able property susceptible to seiAure under a search warrant, where its owner is not the owner of the land and4or building on which it was placed.> c. Mindanao Bus Co. vs. City $ssessor and Treasurer" =+ transportation business is not carried on in a building or on a specified land. Cence, e6uipment destined only to repair or ser'ice a transportation business may not be deemed real property.> d. Berkenkotter vs. Cu 0n1ieng"=o'able e6uipment to be immobiliAed must first be essential and principal elements of an industry or wor9s without which, such industry or wor9s would be unable to function or carry on the industrial purpose for which it was established.> 2=(mpro'ements must be in a permanent nature and essential to the industry or wor9s.> e. Board of $ssess!ent $((eals vs. Manila #lectric Co. D =#oles and steel supports or towers of eralco are not real property. 5hey do not constitute buildings or constructions adhered to the soil. 5hey are merely attached to a s6uare metal frame by means of bolts, could easily be dismantled and mo'ed from place to place. 5hey are not attached to an immo'able in a fi$ed manner and they can be separated. 5hey are not machineries, but e'en if they are, they are not intended for industry or wor9s on the land in which they are constructed.> f. Standard Oil Co. of New York vs. ara!illo" =(t is a familiar phenomenon to see things as real property for purposes of ta$ation which on general principles might be considered personal property.> g. Rubiso $s! Ri$e#"- Vessels are essentially movable but they partake to a certain extent of the nature and conditions of real property due to their value or importance. %. A"lo*y-L"%2 united to the immo'able property by e$press pro'ision of law. 22Contracts for public wor9s, and ser'itudes and other real rights o'er immo'able property. :%1).13; MO/A0LE PROPERTY (SIFTOS) 1. Susceptible of appropriation that are not included in +rt. %1). 2. I((o$"ble that is designated as mo'able by special pro'ision of law. !. Fo#ces of nature brought under control by science. %. T&i*s which can be transported from place to place without impairment of the real property where they are fi$ed. ). Obli*"tios and actions which in'ol'e demandable sums. *. S&"#es of stoc9 of agricultural, commercial and industrial entities, although they may ha'e real estate. EEE Other (ncorporeal propertyF Copyrights, #atents, 5rademar9s etc. TESTS TO DETERMINE 5.ET.ER PROPERTY IS MO/A0LE! 1. Rule of E)clusio- not included in +"5. %1). 2. Rule of Desc#iptio- if the property can be transported from one place to another, and no injury would be suffered by it, then it is personal property, unless e$pressly included in +rt. %1). 1u#isp#u'ece2 1. I$olut"#y Sol$ecy of Strochecker vs. 2a!irez2 =G (nterest in 8usiness is mo'able is mo'able> 2. Si/al vs. -aldez- =/rowing crops or ungathered products raised by labor and culti'ation are considered personal property. 5he e$istence of a right on the growing crops is a mobiliAation by anticipation.> H5he Chattel ortgage 7aw considers them also personal propertyI ! Property !. 0S vs. Carlos- =5he true test of what is a proper subject of theft seems to be not whether the subject is corporeal or incorporeal but whether it is capable of appropriation by another than the owner. -lectricity, the same as gas is a 'aluable article of merchandise, bought and sold li9e other personal property and is capable of appropriation by another.> CLASSIFICATION OF MO/A0LE PROPERTY! 1. Acco#'i* to N"tu#e. a. !onsumable2 cannot be utiliAed without being consumed. b. "on-!onsumable 2. Acco#'i* to t&e itetio o# pu#pose of t&e p"#ties. a. #ungible2 if it can be substituted by another thing of the same 9ind, 6uantity and 6uality. b. "on-#ungible2 if not replaceable in such e6ui'alents. CLASSIFICATION OF PROPERTY ACCORDIN6 TO O5NERS.IP! 1. Public Do(iio2 outside the commerce of men. JindsF a. intended for public use :%23; b. intended for public ser'ice of state, pro'inces, cities B municipalities. :%234%2%; C&"#"cte#istics2 1. outside the commerce of men2cannot be alienated or leased or be the subject of any contract. 2. cannot be ac6uired by pri'ate indi'idual through prescription !. not subject to attachment or e$ecution. %. cannot be burdened by 'oluntary easement. ). cannot be registered under the 7and "egistration 7aw. *. in general, can be used by e'erybody. c. for the de'elopment of national wealth. :%23; 2. P#i$"te O%e#s&ip2 +. P"t#i(oi"l p#ope#ty of 0tate, pro'inces, cities and municipalities :%2%; i. e$ists for attaining the economic ends of the 0tate. ii. property of public dominion when no longer intended for public use4ser'ice :%22; NO5-F #atrimonial #roperties may be ac6uired by pri'ate indi'iduals or corporations through prescription. 5hey may be an object of an ordinary contract. 8. P#ope#ty belo*i* to p#i$"te pe#sos2 indi'idually or collecti'ely. :%2); NO5-F 0acred and religious objects are considered outside the commerce of men. 5hey are neither public nor pri'ate. 1,RISPR,DENCE2 1. 2a/uco vs.-illegas" =#roperty is presumed to be 0tate property in the absence of any showing to the contrary. 2. Santos vs. Moreno- =Canals constructed on pri'ate lands of pri'ate ownership but the owner loses his proprietary right o'er said canal through prescription by allowing the public to use it for transportation and fishing purposes.> % Property !. 2e(u/lic vs. C$2 =+ court has no jurisdiction to award foreshore land to any pri'ate person or entity. + fo#es&o#e l"' is that strip of land that lies between the high and low water mar9s and is alternati'ely wet and dry according to the flow of the tide. %. Binalay vs. Manalo2 =+lthough +rt. %23:1; spea9s of only ri'ers and ban9s, =ri'ers> is a composite term which includes the running waters, the bed and the ban9s.> ). -illearico vs. Sar!iento2 =+ lot on which stairways were built for the use of the people as passageway to the highway is a property intended for public use.> *. Munici(ality of .inunangan vs. ,irector of Lands2 =+ municipality which permitted erection of pri'ate houses on a land upon which was built a stone fort which had not been used for many years for the purpose for which it was contructed, did not con'ert the land into a property of the municipality. 5he fortress may not ha'e been used for many years for the purposes for which it was intended, but this does not depri'e the 0tate ownership of therein. 5he ownership of the 0tate of the property becomes patrimonial. 5here could, howe'er be a prescription in fa'or of the unicipality where the land has been used for purposes distinctly public, such as for the municipal court house, public school, or public mar9et.> ,. Ce/u O*ygen % $cetylene Co.+ &nc. vs. Bercilles" =+ city council which closed a portion of a street and authoriAed its sale to the highest bidder has such power. + withdrawn property can be the object of ordinary contract.> .. Laurel vs. 3arcia" ="oppongi property which was ac6uired by the #hilippines under the "eparation +greement entered into with Kapan is of public dominion unless it is con'incingly shown that the property has become patrimonial. (t is property belonging to the 0tate and intended for some public ser'ice. + property continues to be part of the public domain until there is a formal declaration on the part of the go'ernment to withdraw it from being such. +bandonment cannot be inferred from non2use.> 1. ,acanay vs. $ssistio r. D =#ublic streets or thoroughfares may not be leased or licensed to mar9et stallholders by 'irtue of a city ordinance or resolution. 7ocal /o'ernment cannot withdraw a public street for public use, unless it has been granted such authority by law.> PROPERTY OF POLITICAL S,0DI/ISIONS! 1. #roperty for #ublic Lse :pro'incial roads, city4municipal streets, s6uares, public waters, promenades and public wor9s; 2. #atrimonial #roperty 1u#isp#u'ece2 1. Macasiano vs. ,iokno2 =#olitical subdi'isions ha'e no authority whatsoe'er to control or regulate the use of public property unless specific authority is 'ested upon them by the Congress.> 2. Ca(itulo vs. $4uino2 =(t does not matter if property intended for public use is not actually de'oted for public use. (t remains property for public use or ser'ice. !. 5rovince of 6a!/oanga ,el Norte vs. City of 6a!/oanga" =#roperties belonging to Mamboanga &N were t#"sfe##e' u'e# RA 7879 f#ee of c&"#*e in fa'or of Mamboanga City. 5he issue in this case is whether the properties are for public use or patrimonial property, for purposes of ascertaining the control of Congress. (t was held that all the properties in 6uestion e$cept the two lots used as Cigh 0chool playgrounds could be considered as patrimonial properties of the Mamboanga #ro'ince. -'en the capitol site, the hospital and leprosarium sites and the school sites will be considered patrimonial for they are not for public use. 5hey would fall under the phrase Npublic wor9s for public ser'iceO, for such public wor9s must be for free and indiscriminate use by anyone. "+ !3!1 is 'alid insofar as it affects the lots used as capitol site, school sites and its grounds, hospital and leprosarium sites and the highschool playground sites since they were held by the former Mamboanga pro'ince in its go'ernmental capacity and therefore subject to "bsolute cot#ol of Co*#ess! =8uildings follow classification of public lands on which they are built.> ) Property ="egistration cannot con'ert public property to pri'ate property.> =Ci'il Code Classification is without prejudice to pro'isions of special laws.> %. Salas vs. arencio" =+ lot registered in the name of the City of anila which was con'erted by law as disposable or alienable land of the 0tate is not patrimonial absent any e'idence in contrary. 5he property, regardless of the source or classification in the possession of a municipality e$cepting those ac6uired with its own funds in its pri'ate or corporate capacity, is held in trust for the 0tate and subject to its paramount power. ). Manila Lodge No. 789 v. C$" =5he grant made by +ct No. 1!*3 of the reclaimed land to the City of anila is a grant of a public nature, the same ha'ing been made to a local political subdi'ision. 0uch grants ha'e always been strictly construed against the grantee, therefore it is of public domain.> =+n intention to de'ote property to public use is sufficient to ma9e property of public domain.> =-$ecuti'e or legislati'e declaration is necessary to con'ert property of public domain into patrimonial.> *. Cuaycong vs. Benedicto" =5he fact that a road has been 9ept in repair by a pri'ate enterprise and the go'ernment has not contributed to the cost of its construction or maintenance, tends strongly to support the contention that it is a pri'ate way or pri'ately owned by the enterprise. +nd the mere fact that a tract of land has been used for a long time as a road will not alone warrant the presumption that it has been dedicated to the public.>2 H%2)I O5NERS.IP!- (t is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition and reco'ery, subject to no restrictions e$cept those imposed by the 0tate or pri'ate persons, without prejudice to the pro'isions of the law. 2Ownership may be e$ercised o'er a thing or a right :%2,; TITLE2 is that which constitutes a just cause of e$clusi'e possession or which is the foundation of ownership of property. :INDS OF O5NERS.IP 1. Full O%e#s&ip2 includes all the rights of the owner. 2. N";e' O%e#s&ip- where the right to the use and the fruits has been denied. :Na9ed Ownership P Lsufruct Q Full Ownership; !. Sole O%e#s&ip- ownership is 'ested only in one person %. Co-O%e#s&ip-Te"cy i Co((o- ownership is 'ested in two or more ownersR unity of the propertyR plurality of subjects. C.ARACTERISTICS OF O5NERS.IP (E6EIP) <! El"stic- #owers may be reduced and thereafter automatically reco'ered upon the cessation of the limiting rights. =! 6ee#"l- the right to ma9e use of all the possibilities or utility of the thing owned, e$cept those attached to other real rights e$isting thereon. 7! E)clusi$e- there can only be one ownership o'er a thing at a time. 5here may be two or more owners but only one ownership. >. I'epe'ece- (t e$ists without necessity of any other right ?! Pe#petuity- ownership lasts as long as the thing e$ists. (t cannot be e$tinguished by non2user but only by ad'erse possession. LIMITATIONS 1. /eneral limitations imposed by the state. :eminent domain, police power, ta$ation; * Property 2. 0pecific limitations imposed by law. :ser'itudes, easements; !. 7imitations imposed by the party transmitting the property. :will, contract; %. 7imitations imposed by the owner himself. :'oluntary ser'itude, mortgages, pledges; ). (nherent limitations arising from conflict with other rights.:contiguity of property; *. Owner cannot ma9e use of thing which shall prejudice ! rd persons. :%!1; ,. 0tate of Necessity :%!2; .. 5rue Owner must resort to Kudicial #rocess :%!!; SE/EN RI6.TS OF O5NERS.IP (AADF P,/) 1. 1us Abute'i2 "ight to consume the thing by its use 2. 1us Accessioes2 "ight to accessories !. 1us Dispoe'i2"ight to dispose %. 1us F#ue'i2 "ight to fruits ). 1us Possi'e'i2 "ight to possess *. 1us ,te'i2 "ight to enjoy ,. 1us /i'ic"'i2 "ight to e$clude others from possession of the thing 1u#isp#u'ece2 1. Ro)"s $s! CA- ="ight to use not necessarily included in right to possess, as in contract of deposit, since a bailee only holds the property in trust.> 2. 1"bo $s! Alo- =+ judgment of ownership may not include possession, which may be in the hands of a lessee.> !. Republic $s! 0"ylosis- =5he "ight to dispose includes the right not to dispose> ACTIONS FOR POSSESSION <! Mo$"ble- Reple$i (#etu# of " (o$"ble) NoteF + machinery and e6uipment used for an industry and indispensable for the carrying of such industry, cannot be the subject of reple'in, because they are real properties. EEE C"lub $s! CA- + property that is 'alidly deposited in custodia legis cannot be the subject of a reple'in suit. =! I((o$"ble "! Accio Ite#'ict"l i! Fo#cible Et#y- used by a person depri'ed of possession throughF force, intimidation, strategy, threat or stealth :F(050; :issueF de facto or physical possession not juridical, must reco'er within one year from unlawful depri'ation, or from disco'ery in case of stealth or strategy. 0ummary proceeding; ii! ,l"%ful Det"ie#- used by a lessor4person ha'ing legal right o'er property when lessee4person withholding property refuses to surrender possession of property after e$piration of lease4right to hold property :physical possession, must reco'er within 1 year from unlawful depri'ationR date of last demand or last letter of demand;R summary proceeding. b! Accio Publici""- plenary action to reco'er the better right of possessionR must be brought within a period of 13 years, otherwise the real right of possession is lostR issue is possession de jureR ordinary ci'il proceeding. c! Accio Rei$i'ic"to#i"- reco'ery of dominion of property as owner. , Property @@@ S"#(ieto $s! CA- =Where the facts a'erred in the complaint re'eals that the action is neither one of forcible entry nor unlawful detainer but essentially in'ol'es a boundary dispute, the same must be resol'ed in accion rein'indicatoria. PRINCIPLE OF SELF-.ELP (>=9) 2 Lse of reasonable force to repel or pre'ent an actual or threatened unlawful physical in'asion or usurpation of property. EEE 6e#(" M""*e(et A Se#$ices $s! CA2 =(t can only be e$ercised at the time of an actual or threatened dispossession.> EEE ay be e$ercised by a ! rd #erson2 Negotiorum /estio ELEMENTS OF SELF-.ELP 1. #erson e$ercising rights is the lawful owner or possessor. 2. Can only be e$ercised at the time of an actual or threatened dispossession. !. Lse of force may be reasonably necessary to repel or pre'ent it. 2 ay be liable for e$cess force. A#t! >78- Ri*&t to eclose o# fece %-o 'et#i(et to se#$itu'es A#t! >7<-Obli*"tio to #espect #i*&ts of ot&e#s STATE OF NECESSITY (>7=) - #rinciple which authoriAes the destruction of a property which is lesser in 'alue to a'ert the danger poised to another property the 'alue of which is much greater. @@ COMPARATI/E DAN6ERF &anger must be greater than the damage to property. ust consider the economic and sentimental 'alue of the property. EE 5he owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his reimbursement by all those who benefited. EE (n case of conflict between the e$ercise of the right of self2help and a proper and licit state of necessity, the latter pre'ails because there is no unlawful aggression when a person or a group of persons acts pursuant to the right gi'en in a state of necessity. A#t! >77- Possesso# &"s 'isput"ble p#esu(ptio of o%e#s&ip! 1u'ici"l P#ocess! A#t! >7>- Pe#so cl"i(i* " #i*&t (ust p#o$e2 (") T&"t &e &"s " bette# title to t&e p#ope#ty "' (b) I'etity of t&e p#ope#ty -Oe (ust 'epe' o t&e st#e*t& of &is title "' ot o t&e %e";ess of t&e 'efese! E$i'ece to P#o$e O%e#s&ip! 1. 5orrens 5itle. 2. 5itle from 0panish /o'ernment !. #atent &uly registered in the "egistry of #roperty by the grantee. %. &eed of 0ale ). Operating a 8usiness for nine years in defendantOs own name representing himself to the public to be the owner and the plaintiff ne'er made any protest or objection. (Flo#i'" $s! Ye"#by) *. Occupation of a building for a long time by a party without paying rent (6"t'ul" $s! S"tos) ,. + letter in which defendant recogniAed the ownership of parcels of land for a long time attested not only by witnesses but also by declaration of properties, payment of ta$es and a deed of mortgage e$ecuted by the possessorOs predecessors2in2interest as owners of the property. (Al"o $s! I*"cio) . Property A''itio"l 1u#isp#u'ece2 1. C"lic'" $s! Ce'"B"2 =+ deed of donation inter 'i'os, albeit 'oid for ha'ing been e$ecuted by one who was not the owner of the property donated, may still be used to show the e$clusi'e and ad'erse character of the doneeOs possession.> 2. .ei#s of S! M"i*i* $s! CA- =While a 'erbal donation under which the donee and his predecessors2in2interest ha'e been in possession of the lands in 6uestion is not effecti'e as a transfer of title, still it is a circumstance which may e$plain the ad'erse and e$clusi'e character of the possession.> A#t! >7?- Co'e("tio o# SeiCu#e i t&e e)e#cise of Po%e# of E(iet Do("i! A#t! >7D- Co'e("tio o# SeiCu#e i t&e e)e#cise of Police Po%e#! A#t! >7E- Su#f"ce Ri*&ts "' e$e#yt&i* u'e# of " L"'o%e#! Cocept of .i''e T#e"su#e (>79) 1. Consists of money, jewels or other precious objects. 2. Cidden and un9nown !. Owner is un9nown Ri*&t to .i''e T#e"su#e (>7F) 1. Finder is the same as owner of the property2 treasure totally belongs to him. 2. Finder is ! rd person and he disco'ered it by chance2 finder is entitled to G of the 'alue of the treasure !. Finder is an intruder2 he is not entitled to anything %. Finder is gi'en an e$press permission from the owner2 subject to the contract of ser'ice and principle of unjust enrichment RI6.T OF ACCESSION 2 5he right by 'irtue of which the owner of a thing becomes the owner of e'erything that it may produce or which may be inseparably united or incorporated thereto either naturally or artificially. :%%3; T5O :INDS OF ACCESSION <! Accessio Disc#et" - refers to the right o'er the fruits or products of a thing. =! Accessio Cotiu"- accession things which ha'e been incorporated or attached to a thing. ACCESSION DISCRETA 6ee#"l #ule2 5he owner of the land owns the fruits. E)ceptios2 (P,LA) 1. Possessor in /ood Faith of the land. 2. ,sufructuary !. Lessee gets the fruits of the land %. Antichretic creditor. Fruits apply to interest first if owing and then to principal. NAT,RAL FR,ITS- spontaneous products of the soil and the young of animals IND,STRIAL FR,ITS2 those produced by lands of any 9ind through culti'ation or labor CI/IL FR,ITS2 rents of buildings, the price of lease of lands and other property and the amount of perpetual or life annuities or other similar income. (>><->>=) PRINCIPLES ON ACCESSION CONTIN,A (6ONE 0AD) 1. Ce who is in 6oo' F"it& may be held responsible but will not be penaliAed. 1 Property 2. 5o the o%e# of a thing belongs the e$tension or increase of such thing. !. 8ad faith of one party eut#"liCes the bad faith of the other. %. 5here should be no unjust e#ic&(et at the e$pense of others. ). 0"' F"it& in'ol'es liability for damages. *. Accesso#y follows the principal. ,. +ccession e$ists only if the incorporation is such that separation would either seriously '"("*e the thing or diminish its 'alue. A#t! >>7! Obli*"tio of #ecipiet of f#uits to #ei(bu#se ecess"#y e)peses of 7 #' pe#so! O0LI6ATIONS <! 6"t&e#e' F#uits Pl"te# O%e# Pl"te# i 6F Jeeps fruits No necessity to reimburse the planter of e$penses since he retains the fruits Pl"te# i 0F "eimbursed for e$penses for production, gathering B preser'ation /ets Fruits, pay planter e$penses =! St"'i* C#ops Pl"te# O%e# Pl"te# i 6F "eimbursed for e$penses for production, gathering B preser'ation Owns fruits pro'ided he pays planter e$penses :forced co2 ownership; Pl"te# i 0F 7oses -'erything, No right to be reimbursed Owns Fruits A#t! >>>! 5&e N"tu#"l F#uits "' I'ust#i"l F#uits Dee(e' to E)ist! )hen Male and 'e!ale /elong to different owners+ who own the offs(ring: Lnder the #artidas, the owner of the female was considered to be the owner of the young unless there is a contrary custom or speculation. 5he legal presumption, in the absence of proof to the contary, is that the calf, as well as its mother belong to the owner of the latter, by the right of accretion. (,S $s! C"b"lle#o)! 5his is also in accord with the ma$im =pratus se6uitor 'entrem>:5he offspring follows the mother; >>?->?D! RI6.T OF ACCESSION 5IT. RESPECT TO IMMO/A0LE PROPERTY! A#t! >>D-I(p#o$e(ets p#esu(e' ("'e by o%e#! A#t! >>E-T"ble A A#t! >>F-T"ble 0 A#t! >>9-0PS i b"' f"it& A#t! >?8-Alte#"ti$e Ri*&ts of o%e# of t&e l"' %&e#e 0PS i 0F A#t! >?<-Etitle(et to D"("*es A#t! >?=- Ri*&t to Rei(bu#se(et fo# ecess"#y e)peses A#t! >?7- 0ot& LO "' 0PS i 0F A#t! >?>- Applic"bility of >>E %&e LO i 0F "' 0PS i 6F A#t! >??- LO3 0PS "' OM 'iffe#et pe#sos A#t! >?D- 6F ("y co-e)ist %it& e*li*ece 13 Property A! R,LES 5.EN LAND O5NER (LO) CONSTR,CTS OR PLANTS ON .IS LAND 5IT. MATERIALS OF ANOT.ER (OM)! (>>E) <! LO "' OM i 6oo' F"it&G o# LO "' OM i 0"' F"it& LO OM 8ecomes owner of the materials but must pay for their 'alue. EHCEPTION2 When they can be remo'ed without destruction to the wor9 made or to the plants, in such case the owner of material may remo'ed them. 1. -ntitled to reimbursement pro'ided he does not remo'e themR O# 2. -ntitled to remo'al pro'ided there is no substantial injury =! LO i 0"' F"it&G OM i 6oo' F"it& LO OM 8ecomes owner of the materials but must pay for their 'alue plus damages. EHCEPTION2 When Owner of the aterials decides to remo'e them whether or not destruction would be caused. :+bsolute "emo'al;. Owner of aterials would still be entitled to damages 1. -ntitled to +80O7L5- "(/C5 OF "-OS+7 plus damages O" 2. -ntitled to reimbursement plus damages in case he chooses not to remo'e 7! LO i 6oo' F"it&G OM i 0"' F"it& LO OM -$empted from "eimbursement and entitled to damages No "ightT 0! R,LES 5.EN A 7 RD PERSON 0,ILDS3 SO5S OR PLANTS (0PS) ON LANDO5NERIS (LO) LAND! (>>F) EHAMPLE2 A .O,SE 5AS 0,ILT ON T.E LAND! 11 Property <! LO "' 0PS i 6oo' F"it&G o# LO "' 0PS i 0"' F"it& LO 0PS Cas a choice either toF 1. +ppropriate house after payment of indemnity O" 2. Compel the builder to buy the land upon which the building was built, unless the 'alue of the land be considerably more than the 'alue of the houseUin such case builder pays rent. (f builder pays, he has no right of retention and 7O is entitled to remo'e impro'ement. 1. "ight to payment of indemnityF a. Necessary -$penses, "ight of retention until reimbursed. b. Lseful -$penses, "ight of retention 2. ay remo'e the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in possession does not prefer to refund the amount e$pended. =! LO i 6oo' F"it&G 0PS i 0"' F"it& LO 0PS 1. /ets the accessory without paying any indemnity, but must pay necessary e$penses for preser'ation of the land. 7O is entitled to damages. 2. &emand demolition of the wor9, or that the planting or sowing be remo'ed at the 8#0Os e$pense #7L0 damages !. Compel the 8#0 to pay the price of the land, and the sower the proper rent whether or not the 'alue of the land is considerably more than the 'alue of the house #7L0 damages. 1. 7oses what is built, planted or sown without right to indemnity. 2. 7iability for damages !.-ntitled to reimbursement for necessary e$penses of preser'ation of land 7! LO i 0"' F"it&G 0PS i 6oo' F"it& LO 0PS 8ecomes owner of the materials but must pay for their 'alue plus damages. EHCEPTION2 When Owner of the aterials decides to remo'e them whether or not destruction would be caused. :+bsolute "emo'al;. Owner of aterials would still be entitled to damages 1. -ntitled to +80O7L5- "(/C5 OF "-OS+7 plus damages O" 2. -ntitled to reimbursement plus damages :in case he chooses not to remo'e; Re(e'ies if optio e)e#cise' by t&e L"'o%e# %"s co(pulso#y selli* "' 0uil'e# f"ils to p"y2 1. 7ea'e things as they are and assume relation of lessor and lesseeR pay rents 12 Property 2. &emolish what has been built, sown or planted. (I*"cio $s! .il"#io) !. Consider price of land as an ordinary money debt of the builder. 5herefore he may enforce payment thru an ordinary action for reco'ery of a money debt :le'y and e$ecution;. ART! >>F (7 RD PERSON PLANTS3 0,ILDS3 SO5S) DOES NOT APPLY 5.EN2 1. 5he 8#0 does not claim ownership o'er the land but possesses it as mere holder, agent, usufructuary or tenantR he 9nows that the land is not his. (0"luc"e* $s! F#"cisco) $xception: if a tenant whose lease is about to e$pire, ne'ertheless still sows, not 9nowing that the crops will no longer belong to him. 2. 5he 8#0 is a co2owner, e'en if later on, during the partition, the portion of the land used is awarded to another co2owner. !. + person constructs a building on his own land, and then sells the land but not the building to another, there could be no 6uestion of good faith or bad faith on the part of the builder . Ce can be compelled to remo'e the building. 5he new owner will thus not be re6uired to pay any indemnity for the building. (Coleo*co $s! Re*"l"'o) %. 5he builder is a belligerent occupant. :buildings use is temporary, i.e. airfield4campsite; @@@ When 7andowner sells land to a ! rd person who is in 8ad faith, the builder must go against him, but when the ! rd person paid the landowner, the builder may still file a case against him but the ! rd person may file a ! rd party complaint against the landowner. EEE 7andownerOs alternati'e right against a 0OW-" is to demand proper rent. EEE %%. applies only when 8#0 is in /F. Rule %&e t&#ee p"#ties "#e i$ol$e'2 (LO3 0PS "' OM) 1. "ights of 7O and 8#0 the same as preceding tables. 2. "ights of OF a. 8F2 7oses all rights to be indemnified. Ce can e'en be liable for conse6uential damages if the materials are of inferior 6uality. b. /F2 he is entitled to reimbursement from the builder principally since it was the builder who first made use of the materials. (n case of insol'ency on the part of the builder the 7O is subsidiarily liable, if he ma9es use of the materials. Rule %&e OM "' 0PS i 0"' f"it&G LO i 6oo' F"it& 1. +s between OM and 0PS, good faith must go'ern. 0PS must reimburse OM but in case 0PS cannot pay LO will not be subsidiarily liable because as to him OM is in 8ad faith. 2. LO can as9 damages from both, moreo'erF a. Ce may appropriate what has been built as his own, without payment of any indemnity for useful or necessary e$penses for the building but with indemnity for the necessary e$penses for the preser'ation of the land. b. &emand the demolition of the house at builderOs e$pense. c. Compel the builder to pay the price of the land whether the land is considerably more 'aluable than the building or not. 1u#isp#u'ece2 <! S"#(ieto $s! A*""- =5he landowner on which a building has been constructed in good faith by another has the option to buy the building or sell his land to the builder, he cannot refuse to 1! Property e$ercise their option and compel the builder to remo'e or demolish the impro'ement. +n order by a court compelling a builder in good faith to remo'e his building from a land belonging to another who chooses neither to pay for such building nor sell the land is null and 'oid for being offensi'e to +rt. %%.> =! Dep#" $s! Du(l"o- =Owner of the land on which an impro'ement was built by another in good faith is entitled to remo'al of the impro'ement only after the landowner has opted to sell the land and the builder refused to pay for the same. Where the landOs 'alue is considerably more than the impro'ement, the landowner cannot compel the builder to buy the land. (n such e'ent, a forced lease is created and the court shall fi$ the terms thereof in case the parties disagree thereon.> 7! 0"ll"t" $s! CA- =5he right to choose between appropriating the impro'ement or selling the land is gi'en to the owner of the land and not the court.> %. Ple"s"t$ille De$elop(et Co#po#"tio $s! CA- =+ lot buyer who constructs impro'ements on the wrong property erroneously deli'ered by the ownerOs agent, honestly belie'ing that the said lot was what he brought from the seller, is NO5 guilty of negligence and his 'iolation of the contract of sale or instalment may not be the basis to negate the presumption of good faith as such 'iolation has no bearing on his state of mid at the time he built the impro'ements.> ?! Pecso $s! CA- =#arties may agree that +rt. %%. and )%* are applicable and indemnity for the impro'ements may be paid although they differ as to the basis of the indemnity.> D! M"il" R"il#o"' Co! $s! P"#e'es- =When anila "ailroad Co. built its trac9 on a land without any opposition from the owner who merely stood by, the owner was deemed to ha'e wai'ed his right to reco'er possession of his property and the construction thereon. Cis only remedy would be to reco'er damages for the 'alue of the property ta9en considering that the corporation merely e$ercised its power of eminent domain as authoriAed by law.> E! Nu*ui' $s! CA2 =Offsetting necessary and useful e$penses with the fruits recei'ed by the builder2possessor in good faith is not allowed.> F! M"oto; Re"lty3 Ic! $s! Tecso- =Where the impro'ements ha'e been destroyed by a fortuitous e'ent without the fault of the landowner, the basis for the builderOs right to retain the premises is e$tinguishedR hence there is no other recourse for him but to 'acate the premises and deli'er the same to the landowner.> 9! C"l"p" Lu(be# Co! $s! Co((uity S"%(ill Co!- =5he right of retention of a builder in good faith until payment of the proper indemnity does not apply to property of public domain. 5he builder may howe'er be entitled to the cost of construction with interest upon securing authoriAation of proper authorities or designate such road a toll road to raise the funds necessary to reimburse the company.> <8! Me'oC" $s! De*uC("- =Once the owner elects to appropriate the impro'ements, the 8#0 cannot e$actly be considered a possessor in good faith. Cence, whate'er fruits he recei'es during the pendency of retention must be deducted from whate'er indemnity is due to himR and in case it e$ceeds the 'alue of the indemnity, the e$cess shall be returned to the owner of the land.> <<! Sps! Del Oc"(po $s! Obesi"2 =+ co2owner is not a ! rd #erson with respect to the land owned in common for it cannot be said that it e$clusi'ely belongs to another but of which he is a co2owner. Cowe'er, if the co2ownership is terminated by partition and it appears that the house of the defendant :a former co2owner; o'erlaps or occupies a portion of the land pertaining to the plaintiff :another former co2owner; which the defendant build in good faith, then +rt. %%. should apply e'en when there was a co2ownership.> ALL,/I,M 2 soil imperceptibly and gradually deposited on lands adjoining the ban9s of ri'ers caused by the current of water. ACCRETION 1% Property 2 is the process whereby the soil is deposited ESSENTIAL ELEMENTS OF ALL,/I,M (A6A) 1. "esult of the ACTION of the waters of the ri'er. 2. &eposit of soil and sediment be 6RAD,AL and imperceptible. !. 5he land where accretion ta9es place is AD1ACENT to the ban9s of ri'er. 2i(arian Owners" are owners of lands adjoining the ban9s or ri'ers. Littoral Owners" owners of lands bordering the shore of the sea or la9e or other tidal wa'es. 1u#isp#u'ece2 <! 0i"l"y $s! M""lo- =+ sudden and forceful action li9e that of flooding is not the allu'ial process contemplated under +rt. %),. (t is the slow and hardly perceptible accumulation of sould deposits that the law grants to the riparian owner.> =! I*"cio $s! Di#ecto# of L"'s- =+rt. %), does not apply where the accretion is caused by action of anila 8ay, it being a part of the sea, a mere indentation of the same. Lntil a formal declaration on the part of the go'ernment through the e$ecuti'e or legislati'e, to the effect that such lands are no longer needed for coast guard ser'ice, for public use, or for special industries, they continue to be part of the public domain.> 7! Republic $s CA2 =7aguna de 8ay is a la9e and that part around it which becomes co'ered with water, not due to tidal action, but due to rain, cannot be considered part of the bed or basin of the bay nor as foreshore lands, and therefore registrable under the 5orrens 0ystem.> >! /i"J"# $s! CA- ="egistration does not protect the riparian owner against diminution of the area of his land thorugh gradual changes in the course of the adjoining stream.> ?! .ei#s of E! N"$"##o $s! IAC- =+n allu'ion, although by mandate of +rt. %), is automatically owned by the riparian owner from the moment the soil deposit can be seen, does not automatically become registered land, just because the lot which recei'es such accretion is co'ered by a 5orrens title, thereby ma9ing the allu'ial property imprescriptible.> D! Rey"te $s!CA- =+llu'ial deposit ac6uired by a riparian owner of registered land by accretion may be subjected to ac6uisition through prescription by a ! rd person, by failure of such owner to register said accretion within the prescribed period.> E! RoKuillo $s! CA- ="ules on allu'ion do not apply to man2made or artificial accretions to lands that adjoin canals or esteros or artificial drainage system. A#t! >?F- Est"tes "'Joii* po's o# l"*oos3 o%e#s 'o ot "cKui#e l"' left '#y! A/,LSION 2 process whereby a portion of land is segregated from an estate by the current of a ri'er, cree9 or torrent and transferred to another estate. H%)1I Ele(ets of A$ulsio2 1. 5he segregation and transfer must be caused by the current of a ri'er, cree9, or torrent. 2. 0udden or +brupt !. #ortion of 7and must be 9nown or identifiable EEE 5he former owner preser'es his ownership of the segregated portion pro'ided he remo'es :not merely claims; the portion within 2 years. H%)1I A#t! >D8! T#ees up#oote' "' c"##ie' "%"y by t&e cu##et belo* to o%e# of l"' %&ic& t&ey ("y be c"st3 if t&e o%e#s 'o ot cl"i( t&e( %it&i D (ot&s! A#t! >D<! Ri$e# be's "b"'oe' t&#ou*& "tu#"l c&"*e i t&e cou#se of t&e %"te#s! 1) Property ReKuisites of C&"*e of Ri$e# 0e's2 1. Change must be sudden in order that the old ri'er bed may be identified. 2. 5he changing of the course must be more or less permanent and not temporary o'erflooding anotherOs land. !. 5he change must be a natural one, i.e. caused by natural forces. %. 5here must be a definite abandonment by the go'ernment ). 5he ri'er must continue to e$ist that is, it must not completely dry up or disappear. Ri*&t of O%e# of L"' Occupie' by Ne% Ri$e# Cou#se 1. "ight to old bed ipso facto in proportion to area lost. 2. Owner of adjoining land to old bed shall ha'e right to ac6uire the same by paying its 'alue D 'alue not to e$ceed the 'alue of area occupied by new bed. A#t! >D=! Ne% 0e' t&#ou*& p#i$"te est"te beco(es of public 'o(iio! A#t! >D7! Ri$e# 'i$i'es itself ito b#"c&es fo#(i* " isl"'! 1. (solation of a piece of land or part thereof :without being physically transferred to another place;. 2. 0eparation:or physical transfer; of a portion of land from an estate by the current. Isl"'s belo* to St"te2 (>D>) 1. Formed on the seas within the jurisdiction of the #hils. 2. On la9es !. On na'igable or floatable ri'ers Isl"'s fo#(e' i o-"$i*"ble o# o-flo"t"ble #i$e#s (>D?) - (sland shall pertain and belong to the owners of the margins or ban9s of the ri'er nearest to each of them 2 if in the middle of the ri'er2 it shall be di'ided longitudinally in hal'es. RI6.T OF ACCESSION 5IT. RESPECT TO MO/A0LE PROPERTY A'Juctio o# CoJuctio- union of two mo'able things belonging to different owners in such a way that they form a single object, but each one of the component things preser'es its 'alue. H%**I :i's of A'Juctio (ISTEP) <! Iclusio :engraftment;2 such as setting a precious stone on a ring =! Sol'"'u#" :soldering;2 such as joining a piece of metal to another metal. a. ferruminacion2 same metals b. plumbatura2 different metals 7! TeJi'o :wea'ing;2 such as when threads belonging to different owners are used in ma9ing te$tile >! Esc#itu#" :writing;2 such as when a person writes on paper belonging to another ?! Pitu#" :painting;2 such as when a person paints on can'as belonging to another Tests to 'ete#(ie p#icip"l i "'Juctio (>DE->DF) 1* Property 1. "ule on (mportance of #urpose :%*,;2 5o which the other :accessory; has been united as an ornament or for its use or perfection. 2. Of greater 'alue, if they are of une6ual 'alues :%*.; !. Of greater 'olume, if they are of an e6ual 'alue :%*.; %. Of greater merits ta9ing into consideration the comparati'e merits, utility and 'olume of their respecti'e things :%,); 5&e Sep"#"tio Allo%e' 1. 0eparation without injury (>D9) 2. 0eparation with injury2 accessory is much precious than the principal, the owner of the former may demand its separation e'en though the principal may suffer injury. (>D9) !. Owner of the principal in bad faith. (>E8) <! O5NER OF PRINCIPAL (OP) AND O5NER OF ACCESSORY(OA) IN 6OOD FAIT.-0AD FAIT. OP OA +c6uires the accessory, indemnifying the O+ for its 'alue ay separate them if no injury will be causedR (f 'alue of accessory is greater than principal, O+ may demand separation e'en if damages may be caused to the principal :e$penses to be borne by the one who caused the conjunction; =! OP i 6oo' F"it&G OA i 0"' f"it& OP OA Owns the accessory plus damages 7oses the thing incorporated and indemnify O# for damages 7! OP i 0"' f"it&G OA i 6oo' F"it& OP OA 1. #ay O+ 'alue of accessory #7L0 &++/-0 O" 2. #rincipal and accessory be separated #7L0 &++/-0 "ight to choose between 1. O# paying him the 'alue or 2. 5hat the thing be separated e'en if principal will be destroyed 8oth with right to damages A#t!>E< Fo#( of I'e(ity! (T&i* eKu"l i ;i'-$"lue o# p#ice) A#t! >E=->E7! Mi)tu#e- ta9es place when two or more things belonging to different owners are mi$ed or combined with the respecti'e identities of the component parts destroyed or lost. T%o :i's2 <! Co((i)tio- or the mi$ture of solid things belonging to different owners. =! Cofusio- or the mi$ture of li6uid things belonging to different owners. 1, Property Rules2 1. i$ture by will of the owners2 5heir rights shall be go'erned by their stipulations. Without stipulation, each ac6uires a right or interest in proportion to the 'alue of his material. 2. i$ture caused by an owner in /F or by chance2 each share shall still be in proportion to the 'alue of their thing. !. i$ture caused by the owner in 8F2 the actor forfeits his things and is liable for damages. A#t! >E>! Specific"tio! 2 means the gi'ing of a new form to a material belonging to another person through the application of labor or industry. R,LES2 1. When the ma9er :considered principal; is in /F a. +ppropriate but must indemnify the owner of the material b. ay not appropriate Dmaterial transformed is worth more than the new thing. 5he O may i. appropriate the new thing subject to payment of the 'alue of the wor9 or ii. demand indemnity for material with damages . 2. When the ma9er is in 8F a. O can appropriate the wor9 without paying for the labor or industry b. O can demand indemnity plus damages c. O cannot appropriate if the 'alue of the wor9 is considerably more than the 'alue of the material due to artistic or scientific importance. COMPARISON OF T.E 7 TYPES ACCESSION OF MO/A0LES A'Juctio Mi)tu#e Specific"tio (n'ol'es at least 2 things (n'ol'es at least 2 things (n'ol'es at least 2 things +ccessory follows principal Co2ownership results +ccessory follows principal 5hings joined retain their nature 5hings joined -ither retain or lose their nature 5he new object retains or preser'es the nature of the original object +,IETIN6 OF TITLE (>ED) Re"sos2 1. pre'ent litigation 2. protect true title and possession !. real interest of both parties which re6uires that precise state of title be 9nown Actio to +uiet Title 2put an end to 'e$atious litigation in respect to property in'ol'edR plaintiff asserts his own estate and generally declares that defendantOs claim is without foundation 2remedial 2not suits in rem nor personam but suits against a particular person4s in respect to the res:6uasi in rem; 2may not be brought for settling boundary disputes (/'"! De A$iles $s! CA) 2applicable to any property or interest therein. 5he law howe'er, does not e$clude personal property from actions to 6uiet title. 2an action to 6uiet title brought by the person in possession of the property is (#"-0C"(#5(87-. 2if he is not in possession, he must in'o9e his remedy within the prescripti'e period. 1. Property Cl"ssific"tio 1. "emedial +ction2 one to remo'e cloud on title 2. #re'enti'e +ction2 one to pre'ent the casting of a :threatened; cloud on the title Actio to Re(o$e Clou' 2intended to procure cancellation, deli'ery, release of an instrument, encumbrance or claim constituting a plaintiffOs title which may be used to injure or 'e$ him in the enjoyment of his title. 2pre'enti'e Clou'2 any instrument which is inoperati'e but has semblance of title. ReKuisites2 1. #laintiff must ha'e a legal or e6uitable title or interest. :%,,; 2. Need not be in possession of the property, but must in'o9e within prescripti'e period. :/allar 's. Cussain; !. 5he cloud must be due to an instrument, record, claim encumbrance or proceeding which is apparently 'alid or effecti'e but in truth and in fact in'alid, ineffecti'e, 'oidable or unenforceable, or has been e$tinguished or terminated or has been barred by e$tincti'e prescription :%,.;, and such instrument may be prejudicial to said title. %. #laintiff must return to the defendant all benefits he may ha'e recei'ed from the latter or reimburse him for e$penses that may ha'e redounded to his benefit. :%,1; Ist"ces of Clou' of title 1. +n absolute fictitious contract of sale or a sale with simulated consideration. 2. + sale by an agent without written authority or after e$piration of his authority. !. + forged contract. %. + contract of sale or donation which has become inoperati'e because of non2performance by the 'endee or donee of a condition precedent. ). + 'oidable contract. P#esc#ipti$e Pe#io'2 1. #laintiff in possession2 imprescriptible 2. #laintiff not in possession2 13 :ordinary;R !3:e$traordinary; Actio to Kuiet title 'oes ot "pply2 1.5o 6uestions in'ol'ing interpretation of documents. 2. For mere written or oral assertions of claims, e$ceptF a. if made in a legal proceeding b. if it is being asserted that the instrument or entry in plaintiffOs fa'or is not what it purports to be. !. 5o boundary disputes%ibid& %. 5o deeds by strangers to the title LN7-00 purporting to con'ey the property of the plaintiff. ). Where the 'alidity of the instrument in'ol'es pure 6uestions of law. DISTINCTIONS 0ET5EEN ACTION TO +,IET TITLE A ACTION TO REMO/E CLO,D 0"sis Actio to +uiet Title Actio to Re(o$e Clou' #urpose #ut an end to 'e$atious litigation #rocure cancellation, release of an instrument, encumbrance or claim in the 11 Property plaintiffOs title which affects the title or enjoyment of the property Nature #laintiff 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 #laintiff declares his own claim and title, and at the same time indicates the source and nature of the defendantOs claim, pointing its defects and prays for the declaration of its in'alidity 1u#isp#u'ece2 <! .ei#s of M! N"*"Bo $s! CA- =Free #atent issued o'er pri'ate land is null and 'oid> =! Ro(" C"t&olic A#c&bis&op of C"ce#es $s! .ei#s of M! Abell"- =5he finding in the case for 6uieting title pre'ails o'er the ruling in the forcible entry case.> 7! Met#opolit" 0"; A T#ust Co! $s! AleJo- =5he judgment of trial court cancelling the 5C5 in the name of the mortgagor without notice to the mortagee2ban9 cannot be considered a cloud on the mortgageeOs title or interest o'er the property, which does not ha'e any semblance of a title.> R,INO,S 0,ILDIN6S AND TREES IN DAN6ER OF FALLIN6 (>F= A >F7) Lia/ility for ,a!ages 1. collapse within 1) years from completion2 engineer, architect or contractor :1,2!; 2. in danger of fallingDstate may compel owner to demolish or ma9e necessary wor9 to pre'ent from falling :%.2.1; !. if no action by owner2 done by go'ernment at the e$pense of owner :%.2.2; EEE5he complainant must show that his property is adjacent to the dangerous construction, or must ha'e to pass by necessity in the immediate 'icinity. 1u#isp#u'ece2 @1u" F! N";pil A Sos $s! CA- =5he contractor and architect are liable for the damage sustained by a building because of an earth6ua9e. Ca'ing made substantial de'iations from the plans and specifications, ha'ing failed to obser'e re6uisite wor9manship in construction, and the architect made plans that contain defects and inade6uacy, both of them cannot escape liability. 5o constitute an act of /od the following re6uisites must concurF 1; the cause of the breach of obligation must be independent of the will of the debtor 2; the e'ent must be either unforeseeable or una'oidable !; the e'ent must be such as to render it impossible for the debtor to fulfil his obligation in a normal manner %; the debtor must be free from any participation in or aggra'ation of the injury to the creditor. CO-O5NERS.IP 2 is that form of ownership which e$ists whene'er an undi'ided thing or right belongs to different persons. :%.%; ReKuisites2 1. #lurality of 0ubjectsUmany owners 2. unity of material :indi'ision of object; of ownership !. recognition of ideal shares 23 Property C"uses-Sou#ces (LCS FOD) 1. l"%2 i.e. easement of part wallsR absolute community of property b4w spouses 2. cot#"cts !. successio %. fo#tuitous e'ent or by chance2 commi$tion ). occup"cyU2 persons catch a wild animal *. 'o"tio :i's of Co-O%e#s&ip (LOC C,SI) 1. Le*"l2 created by law 2. O#'i"#y2 "ight of partition e$ists !. Co(pulso#y2 no right of partition e$ists :party wall; %. Cot#"ctu"l2 created by contract ). ,i$e#s"l2 o'er uni'ersal things :co2heirs; *. Si*ul"# or #articular2o'er particular or specific thing ,. Ici'et"l2 e$ists independently of the will of the parties DISTIN6,IS.ED FROM PARTNERS.IP CO-O5NERS.IP PARTNERS.IP 'egal (ersonality No 7egal #ersonality Cas legal4juridical personality )ource Created by contract or other things Created by contract only :e$press or implied; (urpose Collecti'e enjoyment of a thing #rofit *erm +greement for it to e$ist for 13 yearsU'alid:if more than 13 years, the e$cess is 'oid; NO5-F 23 years is the ma$imum if imposed by the testator or donee of the common property No term limit set by law +epresentation +s a rule, no mutual representation +s a rule, there is mutual representation $ffect of ,eath Not dissol'ed &issol'ed )ubstitution Can dispose of his share without consent of others Cannot substitute another as a partner in his place without consent of others (rofits ust always depend on proportionate shares ay be stipulated upon DISTIN6,IS.ED FROM 1OINT TENANCY CO-O5NERS.IP 1OINT TENANCY )hares (n'ol'es a physical whole. 8ut there is an ideal :abstract; di'isionR each co2owner being (n'ol'es a physical whole. 8ut there is no ideal :abstract; di'isionR each and all of them 21 Property the owner of his ideal share own the whole thing. ,isposal of )hares -ach co2owner may dispose of his ideal or undi'ided share :without boundaries; without the otherOs consent -ach co2owner may not dispose of his own share without the consent of all the rest, because he really has no ideal share $ffect of ,eath (f a co2owner dies his share goes to his own heirs (f a joint tenant dies, his share goes by accretion to the other joint2tenants by 'irtue of their sur'i'orship or -us accrecendi $ffect of ,isability (f a co2owner is a minor, this does not benefit the others for the purpose of prescription, and prescription therefore runs against them. (f one joint2tenant is under legal disability :li9e minority;, this benefits the other against whom prescription will not run RI6.TS OF CO-O5NERS (0,CA CERF APPRAP) 1. "ights to beefits proportional to respecti'e interestsR stipulation to the contrary is 'oid. :%.); 2. "ight to use the thing co2owned :%.*; a. for purpose for which it was intended b. without prejudice to interest of ownership c. without pre'enting other co2owners from ma9ing use thereof !. "ight to c&"*e purpose of co2ownership by agreement :%.*; %. "ight to bring an "ctio fo# eJect(et in behalf of the other co2owner :%.,; ). "ight to compel co2owners to cot#ibute to necessary e$penses and ta$es :%..; *. "ight to e)e(pt himself from obligation of paying necessary e$penses and ta$es by renouncing his share in the pro2indi'iso interestR but canOt be made if prejudicial to co2ownership :%..; ,. "ight to ma9e #ep"i#s for preser'ation of things can be made at will of one co2ownerR recei'e reimbursement therefromR notice of necessity of such repairs must be gi'en to co2owners, if practicable. :%.1; .. "ight to full o%e#s&ip of his part and fruits. :%1!; 1. "ight to "lie"te, assign or mortgage own partR e$cept personal rights li9e right to use and habitation. :%1!; 13. "ight to as9 for p"#titio anytime :%1%; 11. "ight to p#e-e(ptio (i #el"tio to i(p#esc#iptibility->9>) 12. "ight to #e'e(ptio in case the shares of all the other co2owners or any of them are sold to a ! rd person (C"'"* $s! T#i"es) (<D=8) 1!. "ight to be "'Ju'ic"te' the thing :subject to right of others to be indemnified; 1%. "ight to share in p#ocee's of sale of thing if thing is indi'isible and they cannot agree that it be allotted to one of them. :%1.; D,TIES-LIA0ILITIES OF A CO-O5NER 1. 0hare in charges proportional to respecti'e interestR stipulation to the contrary is 'oid.:%.); 2. #ay necessary e$penses and ta$esUmay be e$ercised only by one co2owner. :%..; !. #ay useful and lu$urious e$penses if determined by majority :%.1, %12; %. &uty to obtain consent of all if the thing is to be altered e'en if beneficialR resort to court if non2 consent is manifestly prejudicial. :%11; ). &uty to obtain consent of majority with regards to the administration and better enjoyment of the thingR controlling interestR court inter'ention if prejudicialUappointment of administrator. :%12; *. No prescription to run in fa'or of a co2owner as long as he recogniAes the co2ownership :%1%;R re6uisites for ac6uisition through prescriptionF 22 Property a. he has repudiated through une6ui'ocal acts b. such act of repudiation is made 9nown to the other co2owners c. e'idence must be clear and con'incing d. his possession is open, continuous, e$clusi'e and notorious. (A''ille $s! CA) ,. Co2owners cannot as9 for physical di'ision if it would render the thing unser'iceableR but can terminate co2ownership. :%1); .. +fter partition, duty to render mutual accounting of benefits and reimbursement of e$penses :)33; 1. (ndemnity for damages caused by reason of negligence and fraud. :)33; 13. "eciprocal warranty for defects of title or 6uality of the portion assigned to the owner.:)33; PARTITION! - 5he di'ision between two or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the e$clusion of and without interference from others. 6ee#"l Rule2 No co2owner shall be obliged to remain in the co2ownership. -ach co2owner may at any time demand the partition of the thing owned in common, insofar as his share is concerned. :%1%; E)ceptio2 When a co2owner may not successfully demand a partition 1. (f by agreement :for a period not e$ceeding 13 years; partition is prohibited. :%1%; 2. When partition is prohibited by a donor or testator :for a period not e$ceeding 23 years; from whom the property came. :%1%; !. When partition is prohibited by law. :%1%; %. When a physical partition would render the property unser'iceable :%1);, but in this case, the property may be allotted to one of the co2owners, who shall indemnify the others, or in case of disagreement it will be sold, and the proceeds distributed. :%1.; ). When the legal nature of the common property does not allow partition. PRESCRIPTION 6ee#"l Rule2 #rescription does not ad'ersely affect a co2owner or co2heir. + co2owner cannot ac6uire the whole property as against the other co2owners. E)ceptio2 'alid repudiationUprescription shall start from such repudiation E)ceptio to t&e E)ceptio2 (n constructi'e trusts prescription does not run. Positi$e Acts of Repu'i"tio 1. Filing by a trustee of an action in court against a trustor to 6uiet title to property or for reco'ery of ownership thereof, held in possession by the former, may constitute an act of repudiation of the trust reposed on him by the latter. 2. 5he issuance of the certificate of title, and the lapse of more than 23 years, open and ad'erse possession as owner would certainly suffice to 'est title by prescription. !. +n action for recon'eyance of land based on implied or constructi'e trust prescribes within 13 years and it is from the date of the issuance of such title that the effecti'e assertion of ad'erse title for purposes of the statute of limitation is counted. %. When one who is an apparent administrator of property causes the cancellation of the title thereto in the name of the apparent beneficiaries and gets a new certificate of title in his own name. ). -$ecution of a deed of partition and on the strength thereof cancellation of title to the property was obtained in the name of the predecessor and the issuance of a new one wherein plaintiff appears as new owner. (De li(" $s! CA) 2! Property A#t! >9E! C#e'ito#s o# Assi*ees of co-o%e#s c"ot i(pu* "y p"#titio "l#e"'y e)ecute' uless t&e#e &"s bee f#"u' o# ("'e ot%it&st"'i* " fo#("l oppositio! EHTIN6,IS.MENT OF CO-O5NERS.IP (CALSTEP) <! Cosoli'"tio or merger in one co2owner. =! AcKuisiti$e prescription in fa'or of a ! rd person or a co2owner who repudiates the co2ownership. 7! Loss or destruction of property co2owned. >! S"le of property co2owned ?! Te#(i"tio of period agreed upon by the co2owners. D! E)p#op#i"tio E! P"#titio :Kudicial or -$trajudicial; TERMINATION OF CO-O5NERS.IP 1u#isp#u'ece2 <! M"#i"o $s! CA- ="edemption of the whole property by a co2owner does not 'est in him sole ownership o'er said property. "edemption within the period prescribed by law by a co2owner will inure to the benefit of all co2owners. Cence, it will not put an end to e$isting co2ownership.> =! C"bi*"o $s! Li(- =+ccounting should be with respect to net proceeds not the gross proceeds deri'ed from the sale> 7! A*uil"# $s! CA- =When petitioner filed an action to compel the sale of the property and the trial court granted the petition, the co2ownership was deemed terminated and the right to enjoy the possession jointly also ceased. 5hereafter, the continued stay of respondent and his family in the house prejudiced the interest of the petitioner as the property should ha'e been sold and the proceeds di'ided e6ually between them. "espondent should be held liable for monthly rentals.> 7! 0"##eto $s! CA- =-'en if a co2owner sells the whole property as his own, or without the consent of the other co2owners, the sale is 'alid insofar as his ideal 6uota is concerned unless the sale is authoriAed by the other co2owners.> >! /'"! De C"st#o $s! AtieC"- =(f a lease could be entered into partially by a co2owner insofar as his interest is concerned, then, he can also cancel his own lease independently of the other co2 owner. 5herefore, a co2owner who cancels a lease of his share of a property is liable on his e$press underta9ing to refund the ad'ance rental paid to him by the lessee.> ?! Tu"so $s! Tu"so- =When co2owners agreed to subdi'ide a parcel of land into small lots and then di'ide the parcels among them, such obligation is a mere incident to the main object of dissol'ing the co2ownership. 8y 'irtue of the document the parties thereto practically and substantially entered into a contract of partnership as the ebst and most e$pedient means of e'entually dissol'ing the co2ownership.> D! /'"! De Espi" $s! Ab"y"2 =5he 0tatute of Frauds does not apply to partition because it is not legally deemed a con'eyance or a sale of property resulting in change of ownership but simply a segregation and designation of that part of the property which belongs to each of the co2owners.> E! De S"tos $s! 0"; of P&il! Isl"'s- =Creditors and assignees ha'e the right to be notified of a partition, such absence would ma9e the partition e$ecuted not binding on them.> F! L"*u" $s! Le$"tio-=5he sole fact of a co2owner ha'ing declared the lands in 6uestion in his name for ta$ purposes nor the payment of land ta$es, constitutes no such une6ui'ocal act of repudiation amounting to an ouster of the other co2owner and cannot constitute ad'erse possession as basis for title by prescription.> 9! A'ille $s! CA- =5he torrens title does not furnish shield of fraud. 5hus, where one registered the property in 6uestion in his name in fraud of his co2heirs, prescription can only be deemed to ha'e commenced from the time the latter disco'ers the fraudulent act.> PERPENDIC,LAR CO-O5NERS.IP! 2% Property 22&ifferent stories of a house belong to different owners. +lthough there are apparently separate and distinct properties, these are indestructi'ely united for their ornamentation and use and e'en for their 'ery e$istence with other necessary and essential things which are the main and party walls, the roof and other things used in common. :%13; 22 5his is to be distinguished from a CONDOMINI,M, which is a building consisting of se'eral stories, each story being di'ided into different units owned by different persons who are members or shareholders of a condominium corporation. CONDOMIN,M ACT (RA >E=D) Co'o(iiu(- an interest in real property consisting of a separate interest in a unit in a residential, industrial, or commercial building and an undi'ided interest in common directly or indirectly, in the land on which it is located and in other common areas of the building. E5itle to the common areas may be held by a corporation specially formed for the purpose, in which holders of separate interests automatically become members or shareholders. ,it- means a part of the condominium project intended for any type of independent use or ownership, including accessories appended. P#oJect- the entire parcel of real property di'ided, including all structures thereon. Co((o "#e"s2 means the entire project e$cepting all units separately granted or held or reser'ed. To 'i$i'e real property2 means to di'ide the ownership thereof or other interest therein by con'eying one or more condominiums therein but less than the whole thereof. APPLICA0ILITY2 #roperty di'ided or to be di'ided into condominiums only if there shall be recorded in the "egister of &eeds of the pro'ince or city in which the property lies and duly annotated in the corresponding certificate of title of the land, if the latter had been patented or registered under either the 7and "egistration or Cadastral +cts, an e"bli* o# ("ste# 'ee' which shall contain, among others, the followingF :a; &escription of the land on which the building or buildings and impro'ements are or are to be locatedR :b; &escription of the building or buildings, stating the number of stories and basements, the number of units and their accessories, if anyR :c; &escription of the common areas and facilitiesR :d; + statement of the e$act nature of the interest ac6uired or to be ac6uired by the purchaser in the separate units and in the common areas of the condominium project. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation, a statement to this effect shall be includedR :e; 0tatement of the purposes for which the building or buildings and each of the units are intended or restricted as to useR :f; + certificate of the registered owner of the property, if he is other than those e$ecuting the master deed, as well as of all registered holders of any lien or encumbrance on the property, that they consent to the registration of the deedR :g; 5he following plans shall be appended to the deed as integral parts thereofF :1; + sur'ey plan of the land included in the project, unless a sur'ey plan of the same property had pre'iously bee filed in said officeR 2) Property :2; + diagrammatic floor plan of the building or buildings in the project, in sufficient detail to identify each unit, its relati'e location and appro$imate dimensionsR :h; +ny reasonable restriction not contrary to law, morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. TRANSFER OR CON/EYANCE +ny transfer or con'eyance of a unit or an apartment, office or store or other space therein, shall include the transfer or con'eyance of the undi'ided interests in the common areas or, in a proper case, the membership or shareholdings in the condominium corporationF (rovided, however, 5hat where the common areas in the condominium project are owned by the owners of separate units as co2owners thereof, o co'o(iiu( uit t&e#ei s&"ll be co$eye' o# t#"sfe##e' to pe#sos ot&e# t&" Filipio citiCes3 o# co#po#"tios "t le"st si)ty pe#cet of t&e c"pit"l stoc; of %&ic& belo* to Filipio citiCes, e)cept i c"ses of &e#e'it"#y successio! Ici'ets of " co'o(iiu( *#"t :a; 5he boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. 5he following are not part of the unit bearing walls, columns, floors, roofs, foundations and other common structural elements of the buildingF lobbies, stairways, hallways, and other areas of common use, ele'ator e6uipment and shafts, central heating, central refrigeration and central air2conditioning e6uipment, reser'oirs, tan9s, pumps and other central ser'ices and facilities, pipes, ducts, flues, chutes, conduits, wires and other utility installations, where'er located, e$cept the outlets thereof when located within the unit. :b; 5here shall pass with the unit, as an appurtenance thereof, an e$clusi'e easement for the use of the air space encompassed by the boundaries of the unit as it e$ists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. 0uch easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. :c; Lnless otherwise, pro'ided, the common areas are held in common by the holders of units, in e6ual shares, one for each unit. :d; + non2e$clusi'e easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. :e; -ach condominium owner shall ha'e the e$clusi'e right to paint, repaint, tile, wa$, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit. :f; -ach condominium owner shall ha'e the e$clusi'e right to mortgage, pledge or encumber his condominium and to ha'e the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. :g; -ach condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a re6uirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside partiesR 6ENERAL Rule2 Common areas shall remain undi'ided and there shall be no judicial partition thereofF EHCEPTIONS2 2* Property :a; 5hat t&#ee ye"#s after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or :b; 5hat damage or destruction to the project has rendered oe-&"lf o# (o#e of the units therein untenantable and that condominium owners holding in aggregate (o#e t&" t&i#ty pe#cet ite#est in the common areas are opposed to repair or restoration of the projectR or :c; 5hat the project has been in e$istence i e)cess of fifty ye"#s, that it is obsolete and uneconomic, and that condominium owners holding in aggregate (o#e t&" fifty pe#cet interest in the common areas are opposed to repair or restoration or remodeling or moderniAing of the projectR or :d; 5hat the project or a material part thereof has been condemned or e$propriated and that the project is no longer 'iable, or that the condominium owners holding in aggregate (o#e t&" se$ety pe#cet ite#est in the common areas are opposed to continuation of the condominium regime after e$propriation or condemnation of a material portion thereofR or :e; 5hat the conditions for such partition by sale set forth in the declaration of restrictions, duly registered ha'e been met. DECLARATION OF RESTRICTIONS :a; +s to any such management bodyR :b; 5he manner and procedure for amending such restrictionsF #ro'ided, 5hat the 'ote of not less than a majority in interest of the owners is obtained. :c; For independent audit of the accounts of the management bodyR :d; For reasonable assessments to meet authoriAed e$penditures, each condominium unit to be assessed separately for its share of such e$penses in proportion :unless otherwise pro'ided; to its owners fractional interest in any common areasR :e; For the subordination of the liens securing such assessments to other liens either generally or specifically describedR :f; 0uch right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inade6uacy of insurance proceeds, or upon specified percentage of damage to the building, or upon a decision of an arbitrator, or upon any other reasonable condition. Te#( of " co'o(iiu( co#po#"tio. Co2terminus with the duration of the condominium project, the pro'isions of the Corporation 7aw to the contrary notwithstanding. I$olut"#y 'issolutio of " co'o(iiu( co#po#"tio! Effect! 5he common areas owned or held by the corporation shall, by way of li6uidation, be transferred pro2indi'iso and in proportion to their interest in the corporation to the members or stoc9holders thereof, subject to the superior rights of the corporation creditors. 0uch transfer or con'eyance shall be deemed to be a full li6uidation of the interest of such members or stoc9holders in the corporation. +fter such transfer or con'eyance, the pro'isions of this +ct go'erning undi'ided co2 ownership of, or undi'ided interest in, the common areas in condominium projects shall fully apply. Co#po#"tio ot /olut"#y Dissol$e' if M"ste# 'ee' ot #e$o;e'3 e$cept if conditions on partition is present:0ec. .;. Affi#("ti$e $ote of "ll t&e stoc;&ol'e#s o# (e(be#s t&e#eof "t " *ee#"l o# speci"l (eeti* 'uly c"lle' fo# t&e pu#pose3 dissol'es the corporation pro'ided re6uirements of Corporation 7aw complied. 2, Property Affi#("ti$e $ote of "ll t&e stoc;&ol'e#s o# (e(be#s necessary to dispose, lease, e$change of common areas owned or held by it in the condominium project 5ATER CODE OF T.E P.ILIPPINES (PD <8DE) O%e#s&ip of 5"te#s T&e follo%i* belo* to t&e st"te2 (RCL SASS) a. Ri$e#s and their natural bedsR b. Cotiuous o# ite#(ittet %"te#s of springs and broo9s running in their natural beds and the beds themsel'es c. Natural l";es and lagoonsR d. +ll other categories of su#f"ce %"te#s such as water flowing o'er lands, water form rainfall whether natural or artificial, and water from agriculture runoff, seepage and drainageR e. At(osp&e#ic waterR f. Subte##"e" or ground waterR and g. Se"%"te# T&e follo%i* %"te#s fou' o p#i$"te l"'s "lso belo* to t&e St"te (CLRSS) a. Cotiuous o# ite#(ittet waters rising on such landsR b. L";es "' l"*oos naturally waters rising on such landsR c. R"i %"te# and falling on such landsR d. Subte##"e" or ground watersR and, e. Waters in s%"(ps "' ("#s&es. E5he owner of the land where the water is found may use the same for 'o(estic pu#poses %it&out secu#i* " pe#(it, pro'ided that such use shall ha'e been registered, when re6uired by the Council. 5he Council, howe'er, may regulate such use when there is wastage, or in times of emergency. E +ny person who captures or collects water by means of cisterns, tan9s, or pools shall ha'e e$clusi'e control o'er such water and the right to dispose of the same. E Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriatorVs canal or a6ueduct leading to the place where the water will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for which it was appropriated. APPROPRIATION OF 5ATERS (DMIP FLIRO) a. Domestic b. Municipal c. Irrigation d. Power generation e. Fisheries f. Li'estoc9 raising g. Industrial h. Recreational i. Other purposes EE+ person may appropriate or use natural bodies of water without securing a water permit for any of the following. a. +ppropriation of water by means of hand carried receptaclesR and 2. Property b. 8athing or washing, watering or dipping of domestic or farm animals, and na'igation of watercrafts or transportation of logs and other objects by flotation. EEOnly citiAens of the #hilippines, of legal age, as well as juridical persons, who are duly 6ualified by law to e$ploit and de'elop water resources, may apply for water permits. EEWater rights may be lent or transferred in whole or in part to another person with prior appro'al of the Council, after due notice and hearing. EE+ holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the wor9s and facilities needed for the beneficial use of the waters to be appropriated subject to the re6uirements of just compensation and to the following conditionsF a. 5hat he is the owner, lessee, mortgage or one ha'ing real right o'er the land upon which he purposes to use waterR and b. 5hat the proposed easement is the most con'enient and the least onerous to the ser'ient estate. EE5he utiliAation of subterranean or ground water shall be coordinated with that of surface waters such as ri'ers, streams, springs and la9es, so that a superior right in one is not ad'ersely affected by an inferior right in the other. For this purpose, the Council shall promulgate rules and regulations and declare the e$istence of control areas for the coordinated de'elopment, protection, and utiliAation of subterranean or ground water and surface waters. Cot#ol "#e" is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. 5he boundary of a control area may be altered from time to time, as circumstances warrant. EEWater contained in open canals, a6ueducts or reser'oirs of pri'ate persons may be used by any person for domestic purpose or for watering plants as long as the water withdrawn by manual methods without chec9ing the stream or damaging the canal, a6ueduct or reser'oirR #ro'ided, 5hat this right may be restricted by the owner should it result in loss or injury to him. EE When a drainage channel is constructed by a number of persons for their common benefit, cost of construction and maintenance of the channel be borne by each in proportion to the benefits deri'ed. EE When artificial means are employed to drain water from higher to lower land, the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands, subject to the re6uirements of just compensation. EE When a water resources project interferes with the access of landowner to a portion of his property or with the con'eyance of irrigation or drainage water, the person or agency constructing the project shall bear the cost of construction and maintenance of the bridges, flumes and other structures necessary for maintaining access, irrigation, or drainage in addition to paying compensation for land and incidental damages. EE7ower estates are obliged to recei'e the waters which naturally and without the inter'ention of man flow from the higher estates, as well as the stones or earth which they carry with them. 21 Property 5he owner of the lower estate can not construct wor9s which will impede this natural flow, unless he pro'ides an alternati'e method of drainageR neither can the owner of the higher estate ma9e wor9s which will increase this natural flow. EE5he ban9s or ri'ers and streams and the shores of the seas and la9es throughout their entire length and within a Aone of three :!; meters in urban areas, twenty :23; meters in agricultural areas and forty :%3; meters in forest areas, along their margins, are subject to the easement of public use in the interest of recreation, na'igation, flotage, fishing and sal'age. No person shall be allowed to stay in this Aone longer than what is necessary for recreation, na'igation, flotage, fishing or sal'age or to build structures of any 9ind. EE+ny person may erect le'ees or re'etments to protect his property from flood, encroachment by the ri'er or change in the course of the ri'er, pro'ided that such constructions does not cause damage to the property of another. EEWhen a ri'er or stream suddenly changes its course to tra'erse pri'ate lands, the owners or the affected lands may not compel the go'ernment to restore the ri'er to its former bedR nor can they restrain the go'ernment from ta9ing steps to re'ert the ri'er or stream to its former course. 5he owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. Cowe'er, the former owners of the new bed shall be the owners of the abandoned bed proportion to the area lost by each. 5he owners of the affected lands may underta9e to return the ri'er or stream to its old bed at their own e$penseR #ro'ided, 5hat a permit therefore is secured from the 0ecretary of #ublic Wor9s, 5ransportation and Communication and wor9 pertaining thereto are commenced within two years from the changes in the course of the ri'er or stream. Possessio- 5he holding of a thing or the enjoyment of a right. ReKuisites2 (OIR) 1. Occupancy, apprehension, or ta9ing of a thing or right ;(ossession in fact< 2. &eliberate intention to possess ;ani!us (ossidendi< !. 8y 'irtue of oneOs own #ightUin his own name or in that of another. :)2%; Fo#(s o# De*#ees of Possessio (511F) 1. #ossession %it&out "y titleUmere holding without any right at all. -$. 5hief or s6uatter. 2. #ossession %it& Ju#i'ic"l titleUpredicated on juridical relation e$isting between the possessor and the owner. -$. 7essee, usufructuary, depositary, agent, pledgee and trustee. !. #ossession with Just title sufficiet to t#"sfe# o%e#s&ip. -$. 0eller is not the true owner or could not transmit his right thereto to a possessor who acted in /F. %. #ossession with a title i fee si(pleUderi'ed from the right of dominion or possession of an owner. 5his is the highest degree of possession. Cl"sses of Possessio (6O 0A.O) 1. #ossession in oeIs o% "(eUpossessor claims the thing4right for himself. :)2%; 2. #ossession in "(e of "ot&e#Upossessor holds the thing4right owned by another. :)2%; NoteF 0ubject to ratification if not authoriAed by principal. 5his may beF !3 Property a. #hysical or material #ossessionF as when possessor is a mere custodian :i.e. possession of money by a ban9 teller. b. KuridicalF when possession gi'es the transferee a right o'er the thing which the transferee may set2up against the owner. :i.e. possession of an agent who recei'es the proceeds of sales of goods deli'ered to him in agency by his principal; Classes= a. SoluntaryUagent possesses for the principal b. Necessary4legalUas when a mother possesses for a child still in the maternal womb or incapacitated. #ossession in behalf of juridical entities. c. LnauthoriAed :negotiorum gestio;Uthis will become the principalOs possession only after there has been a ratification without prejudice to the effects of negotiorum gestio. !. #ossession in the cocept of o%e#Upossessor by his actions is considered or is belie'ed by other people as the owner regardless of good faith or bad faith.:)2); Note= #ossessor may be the owner himself or an ad'erse possessor. #ffects= a. ay be con'erted into ownership through ac6uisiti'e prescription b. +n action may be brought to protect possession c. ay as9 for inscription of possession d. &emand fruits and damages from one unlawfully detaining property %. #ossession in the cocept of &ol'e#Upossessor ac9nowledges that there is a superior right o'er the thing by another person, which is ownership. :)2); -$amplesF Lsufructuary, 7essee, bailee in commodatum. ). #ossession in *oo' f"it&.:)2*; "e6uisitesF a. #ossessor has a title or mode of ac6uisition :,12; b. 5here is a flaw or defect in said title or mode c. #ossessor is unaware or aware of the flaw or defect or belie'es that the thing belongs or does not belong to him. *. #ossession in b"' f"it&. :)2*;2 possessor is aware of defect or flaw in his title. Ist"ces of 0"' F"it& 1. =Where the possessor has always belie'ed that the land in 6uestion did not belong to him.>2 (1"$ie# $! 1"$ie# <98D) 2. =Where the wife was present when her husband entered into the lease contract and was not ignorant of the defect in her husbandOs alleged prescripti'e title when she pretended to ta9e possession thereunder.> D (Le#(" $! Del" C#uC <98E) !. =Where the petitioner ac6uired his interest in the land aware that a litigation concerning the land was still pending.>U(Ri$e#" $! Mo#" <9=D) %. =Where a purchaser belie'ed that the seller was the owner of the land sold, which land was owned by another as e'idenced by the latterOs 5orrenOs title thereto, in 'iew of the presumpti'e 9nowledge of the 5orrenOs title.> (1!M! Tu"so A Co! Ic! $s! Mu("# <9DF) ). =Where the lessee continues to occupy the premises after the period of the lease contract has already e$pired as he becomes a usurper with no right to legitimately continue in the use and enjoyment thereof.> (Republic $! Di"C <9E9) *. =Where the land sold is in the possession of another other than the 'endor, the purchaser must go beyond the certificate of title and ma9e in6uiries, failing in this purchaser cannot in'o9e good faith.> (.ei#s of Ro)"s $! CA =88>) ,. =Where the purchaser of land has notice that it is subject to right of repurchase from his 'endor :'endee a retro in a pre'ious sale; although such right has already lapsed but the title has not yet been cleared of the encumbrance.> (Co'e $! CA <9F=) !1 Property .. =Where one purchased a land, on the certificate of title of which an ad'erse claim was pre'iously annotated.> (6"#'e# $! CA <9F>) E)tet of Possessio 1. Actu"l2 occupancy in fact of the whole or at least substantially whole. 2. Cost#ucti$e2 occupancy of part in the name of the whole under such circumstances that the law e$tends the occupancy to the possession of the whole. Doct#ie of Cost#ucti$e Possessio /eneral "uleF =#ossession and culti'ation of a portion of a tract of land under claim of ownership is constructi'e possession. When for e$ample a person too9 possession of land by planting trees and constructed building, it was immaterial that the building was unfinished and that he left the place and 'isited the property intermittently. (t is sufficient that the property was able to be subjected to his will.> (So(o'io $! CA- <99>) -$ceptions4<ualificationsF 1. =ere planting of a sign or symbol of possession cannot justify a agellan2li9e claim of dominion o'er an immense tract of territory> D (L"s"( $! Di#ecto# of L"'s-<97F) 2. =ere culti'ation does not constitute possession under a claim of ownership!4L(Republic $s! CA <9FF) !. =ere fact of declaring unculti'ated land for ta$ation purposes and 'isiting it e'ery once in a while has been held not to constitute acts of possession.>U(R"(i#eC $s! Di#ecto# of L"'s <97>) %. =&octrine of constructi'e possession does not apply where the possession is wrongful or the part allegedly constructi'ely possessed is in ad'erse possession of another4L(S"#(ieto $! Les"c" <9D8) P#esu(ptios i f"$o# of t&e possesso# 1. Of /ood Faith (?=E) 2. Of continuity of initial good faith M?=FN !. Of enjoyment in the same character in which possession was ac6uired until the contrary is pro'ed M?=9N %. Lninterrupted possession of hereditary property (?77!<) ). #ossession with just title M?D<N *. #ossession of mo'ables with real property M?>=N ,. -$clusi'e possession of common property M?>7N .. Continuous possession M??>N 1. Lninterrupted possession M?D<N 13. #ossession during inter'ening period M<<7F!=N O01ECT OF POSSESSION M?78N (RPDN) 1. "es Communes :pri'ately owned property; W"es NulliusF No OwnerX 2. #roperty of public dominion !. &iscontinuous ser'itudes %. Non2apparent ser'itudes AcKuisitio of Possessio (M5A) M?7<N !2 Property 1. 8y the ("te#i"l occup"tio of e$ercise of a right :5raditio bre'i manu and traditio constitutum possessorium; 2. 8y the subjection of the thing or right to our %ill :tradition longa manu and tradition symbolica; !. 8y proper "cts "' le*"l fo#("lities established for ac6uiring such right of possession. 0y %&o( possessio is "cKui#e' (?7=) 1. #ersonally or by the same person who is to enjoy it. 2. 5hru an authoriAed person or by his legal representati'e or agent !. 5hru an unauthoriAed person or by any person without any power or authority whate'er Possessio t&#ou*& successio 1. #ossession of hereditary property is deemed transmitted w4o interruption from moment of death :if accepted; and if not accepted is deemed ne'er to ha'e possessed the same. M?77N 2. One who succeeds by hereditary title shall not tac9 the bad faith of the predecessors2in2interest e$cept when he is aware of flaws affecting titleR but effects of possession in good faith shall not benefit him e$cept from the date of death of decedent. M?7>N *ime of ac.uisition: a. Ceir acceptsF from the moment of death since there is no interruption. b. Ceir refuses or incapacitated to inheritF he is deemed ne'er to ha'e possessed the same AcKuisitio by Mio#s-Ic"p"cit"te' Pe#sos M?7?N ay ac6uire material possession but not right to possession. 0uch right to possession may only be ac6uired through their legal representati'es. Reso#t to Cou#ts ecess"#y to "cKui#e possessio %&e t&e#e is " possesso# obJecti* t&e#eto! T&e "pplic"tio of fo#ce o# iti(i'"tio t&e#efo#e coul' ot #esult to "cKuisitio of possessio! M?7DN Acts t&"t 'o ot *i$e #ise to p#esu(ptio of "b"'o(et of #i*&t of possessio M?7EN 1. +cts merely tolerated 2. Clandestine or un9nown acts !. +cts of 'iolence Coflicts bet%ee se$e#"l cl"i("ts M?7FN 6ee#"l Rule2 #ossession cannot be recogniAed in two different personalities e$cept in case of co2 possession when there is no conflict P#efe#ece of Possessio 1. #resent of actual possessor shall 2. (f there are two possessors, longer in possession !. (f dates of possession are the same, possessor with a title :i.e right or document e'idencing his right to support his possession; %. (f all the abo'e are e6ual, the fact of possession shall be judicially determined and in the meantime, the thing shall be placed in judicial deposit. EFFECTS OF POSSESSION !! Property 2ights of 5ossession 1. "ight to be #especte' in his possession and should he be disturbed he shall be protected in or restored to said possession. H)!1I 2. "ight to secu#e t&e p#ope# %#it to restore him in his possession from a competent court in an action for forcible entry. H)!1I !. #ossession ac6uired and enjoyed in the cocept of " o%e# can ser'e as title for ac6uisiti'e prescription, e'en if acted in 8F H)%3I %. #ossession in concept of owner has in his fa'or the le*"l p#esu(ptio of Just title. H)%1I E ust Title- may be written or oral proof. 5itle sufficient to transfer ownership without need of possessing the property for the period necessary for ac6uiring title by prescription. (t is title that it true and 'alid. > Colora/le Title" one which a person has when he buys a thing in good faith, from one who is not the owner but whom he belie'es to be the owner. 5his is the re6uired title for ac6uisiti'e prescription (De 1esus $! CA-<997) @ 5utative Title" one which a person belie'es he has but in fact he has not because there was no mode of ac6uiring ownership, as when one is in possession of a thing in the mista9en belief that it had been be6ueathed to him. ). #ossession of real property presumes that mo'ables are included. H)%2I *. Co2possessors deemed to ha'e e$clusi'ely possessed part which may be allotted to himR interruption in whole or in part shall be to the prejudice of all. H)%!I ,. #ossessor in good faith entitled to fruits recei'ed before possession is legally interrupted. :Natural and industrialF recei'ed from the time gathered4se'eredR Ci'il Fruits accrue daily;. H)%%I .. "ight to a part of e$penses of culti'ation and net har'est in proportion to time of possession if there would be any natural or industrial fruits at the time good faith ceases. :Owner has the option to allow the possessor to finish the culti'ation and gathering of the growing fruits which shall be considered indemnity for his part of e$penses and net proceedsR if he refuses this concession he loses the right to be indemnified.; H)%)I 1. #ossessor in /F has the right to be reimbursed for necessary e$penses whether in /F or in 8F. Only #ossessor in /F has the right of retention. H)%*.1I 13. #ossessor in /F has the right to be reimbursed for useful e$penses with right of retention :Owner has the option to pay e$penses or the increase in 'alue of the property by reason of the useful e$penses; H)%*.2I 11. #ossessor in /F may remo'e impro'ements if can be done w4o damage to principal thing unless owner e$ercises option of paying e$penses4increase in 'alue. H)%,I E Sendor a retro, a homesteader e$ercising his right of repurchase was ordered to refund the 'alue of a house constructed on subject land by a 'endee a retro.U0C ruled that re6uiring the 'endor a retro to return the 'alue of house constructed was illegal. (t being clear that 'endor a retro is not e$ercising the option to refund the useful e$penses, then the 'endee a retro may remo'e the house since this can be done without damage to the principal thing. (ncidentally, no right of retention is granted to the 'endee a retro. (C"l"*" $! CFI D"$"o-<9F8) 12. #ossessor in /F and 8F may not be entitled to payment for lu$urious e$penses but may remo'e them pro'ided principal is not injured and pro'ided owner does not choose to refund the amount e$pended. H)%.I 1!. (mpro'ements caused by nature or time shall inure to the benefit of person who has succeeded in reco'ering possession. H))1I 1%. "ight to possession wild animals while under oneOs control. H)*3I !% Property )ild $ni!als= whether terrestrial or a.uatic/ living in a state of nature independently of and without the aid and care of man ,o!esticated or Ta!ed $ni!als= animals which are wild or savage by nature but have been subdued and made use of by man and become accustomed to live in a tamed condition 1). One who reco'ers according to law, possession unjustly lost is deemed to ha'e enjoyed it without interruption. H)*1I Li"bilities-Duties of Possesso# 1. #ossessor in 8F must reimburse the 'alue of fruits which the legitimate possessor could ha'e recei'ed H)%1 in relation to %%!I E7u$urious e$penses shall not be refunded to #ossessor in 8F but may remo'e impro'ements without injury and pro'ided lawful possessor does not prefer to retain them by paying their 'alue. H)%1I 2. 8ear cost of litigation H))3I !. #ossessor in /F not liable for loss or deterioration e$cept when fraud and negligence inter'ened. H))2.1I %. #ossessor in 8F liable for loss or deterioration e'en if caused by fortuitous e'ent. H))2.2I E#erson who reco'ers possession not obliged to pay for impro'ements which ha'e ceased to e$ist at the time of occupation. H))!I LOSS OF POSSESSION M???N OAA PEA DCP 0y %ill of t&e Possesso# 1. Ab"'o(et of the thing 2. Assi*(et to another by onerous or gratuitous title A*"ist t&e 5ill of t&e Possesso# !. Possession of another if new possession lasted longer than one year:possession as a fact;R real right not lost until after 13 years. %. Eminent &omain ). Ac6uisiti'e #rescription 0y Re"so of t&e ObJect *. Destruction or total loss of the thing ,. 5hing went out of commerce POSSESSION 5.EN NOT LOST 1. When remained with possessorOs control e'enthough for the time being he may not 9now their whereabouts.H))*I 2. With respect to third persons, which are not prejudiced e$cept in accordance with ortgage 7aw and 7and "egistration 7aws. H)),I !. When agent encumbered property without e$press authority unless ratified H)).I !) Property Possessio of (o$"ble eKui$"let to title M??9N 1. +c6uired in /F 2. Owner has 'oluntarily parted with the possession of a thing !. #ossession is in the concept of owner Doct#ie of I##e$i'ic"bilityL#ossession in /F of a mo'able is presumed ownership. (t is e6ui'alent to a title. No further proof is necessary. 5&e ("y possessio ("y ot be #eco$e#e' if ul"%fully 'ep#i$e' of 1. Where the owner of the mo'able by his co'uct precluded from denying the sellerOs authority to sell 2. Where the law enables the "pp"#et o%e# to dispose of the mo'able as if he were the true owner thereof. :#& 1)21R N(7R Warehouse "eceipts 7aw; !. Where the sale is sanctioned by st"tuto#y or judicial authority %. Where the sale is made at (e#c&"tIs sto#es, fairs or mar9ets :1)3); ). Where the seller has a $oi'"ble title which has not been a'oided at the time of the sale to the buyer in /F for 'alue and w4o notice of the sellerOs defect of title :1)3*; *. Where reco'ery is no longer possible because of p#esc#iptio :11!2; ,. Where the possessor becomes the owner of the thing in accordance with the principle of fi'e#Is ;eepe# :,11; ,S,FR,CT 2"ight to enjoy the property of another with the obligation of preser'ing its form and substance, unless the title constituting it or the law otherwise pro'ides. H)*2I E =+ #erson cannot create a usufruct o'er his own property and at the same time retain ownership of the same. For usufruct is essentially jus in re alienaR and to be a usufructuary of oneOs own property is, in law, a contradiction in terms and a conceptual absurdity.>2 M6"boy" $! Cui -<9E<N C.ARACTERISTICS-ELEMENTS 1. -ssential a. "eal right of use and enjoyment :whether registered or not; b. 5emporary &uration c. (ts purpose is to enjoy the benefits and deri'e all ad'antages from the object as a conse6uence of normal use or e$ploitation d. 5ransmissible e. ay be constituted on real or personal, consumable or nonconsumable. 5angible or intangible property. 2. Natural2 those which are ordinarily present but can be eliminated by a contrary stipulation a. 5he obligation of conser'ing or preser'ing the form and substance of the thing !. +ccidental2 those which may be present or absent depending upon the stipulation of the parties a. Whether it be pure or a conditional usufruct b. 5he number of years it will e$ist c. Whether it is in fa'or of one person or se'eral Cl"ssific"tios of ,suf#uct 1. +s to whether or not impairment of object is allowed H)*2I !* Property a. normal b. abnormal 2. +s to origin H)*!I a. 7egal2 created by law such as usufruct of the parents o'er the property of their unemancipated minor b. Soluntary or con'entional2 created by will of the parties either by donation inter 'i'os or donation mortis causa c. i$ed2 ac6uired by prescription such as when belie'ing himself the owner of the property of an absentee, ga'e in his will the usufruct of the property for the re6uisite prescripti'e period to his wife and na9ed ownership to his brother and wife possessed it in /F as usufructuary. !. +s to number of persons enjoying the right H*11I a. simple b. multiple 1. simultaneous2 at the same time 2. successi'e2 one after the other E(n case of multiple usufructuaries, in usufruct created by donation, all the donees must be ali'e or at least already concei'ed at the time of the perfection of the donation. %. +s to 6uantity or e$tent of object H)*%I i. 5otal ii. #artial ). +s to e$tent of ownerOs patrimony H)1.4)11I a. Lni'ersalUif o'er the entire patrimony b. #articular40ingularUif only indi'idual things are included *. +s to 6uality of 9ind of object a. of things i. Normal:or perfect or regular;Uthis in'ol'es non2consumable things where the form and substance are preser'ed ii. +bnormal:or imperfect or irregular;Uin'ol'es consumable things b. of rightsUrights must not be personal or intransmissible in character. :so present and future support cannot be an object of usufruct; ,. +s to terms or conditions a. #ureUNo term or condition b. With a term or period i. e$ dieUfrom a certain day ii. in diemUup to a certain day iii. e$ die in diemUfrom a certain day up to a certain day c. With a condition i. "esolutory ii. 0uspensi'e DISTIN6,IS.ED FROM LEASE ,suf#uct Le"se E)tet Co'ers all fruits and uses as a rule /enerally co'ers only a particular or specific use N"tu#e (s always a real right (s a real right only if registered, !, Property as in the case of lease of real property O" if contracted for more than one year C#e"to# Can be created only by the owner, or by a duly authoriAed agent, acting in behalf of the owner 5he lessor may or may not be the owner as when there is a sublease or when the lessor is only a usufructuary O#i*i ay be created by law, contract, last will or prescription ay be created as a rule only by a contractR and by way of e$ception by law :as in the case of an implied new lease, or when a builder has built in /F on the land of another a building, when the land is considerably worth more in 'alue than the building C"use 5he owner is more or less passi'e and he allows the usufructuary to enjoy the thing gi'en in usufruct 5he owner or lessor is more or less acti'e and he ma9es the lessee enjoy Rep"i#s 5he usufructuary has the duty to ma9e ordinary repairs 5he lessee generally has no duty to pay repairs T")es 5he usufructuary pays for the annual charges and ta$es on the fruits 5he lessee generally pays no ta$es As to ot&e# t&i*s + usufructuary may lease the thing to another 5he lessee cannot constitute a usufruct on the property leased DISTIN6,IS.ED FROM EASEMENTS ,S,FR,CT EASEMENT ObJect ay be real or personal property (n'ol'es only real property E)tet What can be enjoyed here are all uses and fruits of the property 7imited to particular use Co$e#"*e Cannot be constituted on an easementR but it may be constituted on the land burdened by an easement ay be constituted on a piece of land held in usufruct Effect of De"t& Lsually e$tinguished by death of usufructuary Not e$tinguished by the death of the dominant estate RI6.TS OF T.E ,S,FR,CT,ARY I! AS TO T.IN6S AND ITS FR,ITS 1. "ight to fruits a. Ci'il Fruits +ccrue &aily H)*1I i. 8elong to the usufructuary in proportion to the time the usufruct may last ii. 8oth stoc9 and cash di'idends are considered ci'il fruits !. Property b. (ndustrial and Natural Fruits i. Fruits pending at the beginning of usufruct H)*,I belong to the usufructuary no necessity of refunding the owner for e$penses incurred, but w4o prejudice to the rights of ! rd persons :thus if the fruits had been planted by a possessor in /F, the pending crop e$penses and charges shall be pro2rated b4w said possessor and the usufructuary ii. Fruits pending at the termination of usufruct H)*,I belong to the owner 8L5 the owner must reimburse the usufructuary for ordinary culti'ation e$penses and for seeds and similar e$penses, from the proceeds of the fruits. :Cence the e$cess of e$penses o'er the proceeds need not be reimbursed; 2. "ight to Cidden 5reasure as stranger H)**I !. "ight to enjoy any increase which the thing in usufruct may ac6uire through accession H),1I %. "ight to personally enjoy the thing in usufruct or lease it to another H),22),,I "ight to ma9e use for the purpose intended of things which gradually deteriorate and shall not be responsible for deterioration due to wear and tear and is only obliged to return the thing in that condition but shall pay indemnity if deterioration was caused by his fraud or negligence H),!I (n case of usufruct on consumables, the usufructuary should pay the appraised 'alue at the termination of usufruct if the thing4s were appraised when deli'ered. (f there is no appraisal, return the same 6uantity and 6uality or pay the current price. H),%I "ight to ma9e use of the dead trun9s :of fruit2bearing trees and shrubs; and those cut2off or uprooted by accident with obligation to replace them H),)I "ight to lea'e the dead, fallen or uprooted trun9s if trees or shrubs disappeared through calamity or e$traordinary e'ent and demand their remo'al from the owner. H),*I "ight to benefits produced naturally in usufruct of woodland. H),,I Ce shall ha'e the right to ordinary cutting or felling habitually made by the owner :or according to customs of the place; if the woodland is a copse or consists of timber for building. :+ll other cutting down of trees ofther than this should be for the purpose of restoring or impro'ing things in usufruct and subject to consent of the owner; H),,I "ight to ma9e necessary thinnings in nurseries H),,I ). "ight to ma9e on the property in usufruct such impro'ements or e$penses he may deem proper and to remo'e the impro'ements pro'ided no damage is caused to the property H),1I *. "ight to set2off the impro'ements he may ha'e made on the property against any damage to the same H).3I ,. "ight to retain the thing until he is reimbursed for ad'ances for e$traordinary e$penses and ta$es on capital H*12I II! As to ,suf#uct itself 1. "ight to alienate :or mortgage; the right of usufruct e$cept parental usufruct H),2I E =+fter a usufrucruary has donated her usufructuary right o'er a certain property she cannot get it bac9 on the ground that she did not own the properties> QMSeife#t $! 0"c&#"c& <9>EN 2. "ight to bring action and oblige owner thereof to gi'e him proper authority and necessary proof in a usufruct to reco'er property or a real right H),.I !1 Property !. "ight to e$ercise all the rights pertaining to the co2owner with respect to the administration and collection of fruits or interests from the property, in a usufruct of part of a common property. H).2I E>5he usufructuary shall be bound by the partition made by the owners of the undi'ided property although he too9 no part in the partition but the na9ed owner to whom the part held in usufruct has been allotted must respect the usufruct. 5he right of the usufructuary is not affected by the di'ision but it is limited to the fruits of said part allotted to the co2owner. (Pic&"y $! +ue#ol <98F) %. (n usufruct of atured Credits, usufructuary may claim matured credits, collect them and use and in'est, w? or w?o interest the capital he has collected, in any manner he may deem proper. (f he has not gi'en security or it is insufficient or he has been e$cused to gi'e one, he may collect the credits and in'est the capital which must be at interest with the consent of the na9ed owner or appro'al of the court. H)11I ). (n usufruct of mortgaged immo'ables, the usufructuary is not obliged to pay the debt for the security of the mortgage. Ce shall ha'e a right to whate'er he may lose by reason of the attachment of sale of the immo'able for the payment of debt of the owner. H*33I III! As to "'$"ces "' '"("*es 1. "ight to be reimbursed for indispensable e$traordinary repairs made by him in an amount e6ual to the increase in 'alue which the property may ha'e ac6uired by reason of such repairs. H)1%I 2. "ight to be reimbursed for ta$es on the capital ad'anced by him H)1,.2I !. "ight to be indemnified for damages caused to him by the na9ed owner who caused an alteration which diminished the 'alue of the thing in usufruct H).1I I/! Ot&e# 1. "ight to ma9e use of the land and materials, when building forming part of the usufruct on immo'able has been destroyed in any manner H*3,I W0ame rule if Lsufruct is constituted on building onlyX 2. (f usufructuary shares in insurance of tenement in usufruct, and it was lost, he shall continue in enjoyment of the new one if one be constructed O" recei'e interest on the insurance indemnity. H*3.I O0LI6ATIONS OF T.E ,S,FR,CT,ARY 1. #ay e$penses to ! rd persons for culti'ation and production at beginning of the usufruct 2. #ay damages in case of usufruct of mo'able subject to deterioration if such was due to fraud or negligence of usufructuary. !. T&ose befo#e t&e usuf#uct be*is H).!I a. Notice of in'entory of property :appraisal and description of mo'ables; b. #osting of security i. Not applicable to parents who are usufructuary of children e$cept when 2 nd marriage was contracted and to donor who has reser'ed the usufruct of the property donated H).%I ii. -$cusedUallowed by ownerR not re6uired by law or no one will be injured H).)I #ailure to 0ive )ecurity: owner may demand that: 1. immovable be placed under administration %3 Property 2. "et income may be converted into registered certificates or deposited in bank 3. !apital 4 proceeds of sale of movables be invested in safe securities%5nterest on proceeds or property under administration belong to the usufructuary& 6. +etain property as administrator but with obligation to deliver net proceeds%after deducting expenses of administration agreed upon or -udicially allowed& to usufructuary until he gives sufficient security. 77 !ourt may grant petition not to deliver the furniture/ implements or tools necessary for use of the usufructuary or industry as security and that he and his family be allowed to live in the house included in the usufruct/ but he must take an oath. 89:;< 77 =wner may refuse that articles with artistic or sentimental value be sold. *hese shall be delivered to him if he gives security to the usufructuary for the payment of legal interest on their appraised value.89:;< 77 >hen the )ecurity given/ usufructuary has a right to proceeds and benefits to the day he is entitled to receive them%9::& *?=)$ ,U+5"0 *?$ U)U#+U!* %. 5a9e care property with diligence of a good father of a family H).1I ). 7iability for negligence or fault of substitute H)13I *. (f usufruct is constituted on animalsUduty bound to replace dead animals that die from natural causes or became preyR if all of them perish w4o fault but due to contagious disease4uncommon e'entUdeli'er those that are sa'edR if perish in part due to accidentUcontinue on remaining portion (f usufruct was constituted on sterile animalsUas if fungible, may be replaced of same 9ind and 6uality. H)11I ,. Obliged to ma9e ordinary repairs. %7=rdinary +epairs- re.uired by wear and tear due to natural use of the thing and are indispensable for its preservation& .. Notify the owner when the need for e$traordinary repairs is urgent H)1!I 1. #ermit wor9s and impro'ements by the na9ed owner not prejudicial to the usufruct H)1)I 13. #ayment of annual charges and ta$es affecting fruits H)1*I 11. #ay debts when the usufruct is constituted on the whole of a patrimony H)1.I E #re'iously contracted debts only unless there is a contrary stipulation E Not liable for debts in e$cess of the 'alue of the assets recei'ed unless contrary is intended 12. Notify owner of any prejudicial act committed by ! rd persons H*31I 1!. #ay court e$penses and costs regarding usufruct H*32I *?=)$ @* *?$ *$+M5"@*5=" =# *?$ U)U#+U!* 1%. "eturn the thing in usufruct to the na9ed owner unless there is a right of retention pertaining to him :usufructuary; or his heirs for e$traordinary e$penses or ta$es it paid H*12I 1). #ayment of the legal interest on the amount e$pended by owner for e$traordinary repairs H)1%I 1*. #ayment of proper interest on the ta$es on capital paid by the owner H)1,I 1,. (ndemnify the na9ed owner for any losses due to his negligence or of his transferees H).12)13I RI6.TS OF NA:ED O5NER %1 Property 1. +lienate thing 2. Construct any wor9s and ma9e any impro'ement or plantings :if rural; pro'ided it does not diminish the 'alue of usufruct or prejudice the right of usufructuary H)1)I !. "ight to occupy the land and to ma9e use of materials on Lsufruct of a 8uilding which was destroyed and a new building was constructed by owner H*3,.2I %. &emand the return of the thing if the abuse should cause considerable injury to him :owner;, but shall pay annual net proceeds less e$penses of administration H*13I O0LI6ATIONS OF NA:ED O5NER 1. -$traordinary -$penses 2. -$penses after renunciation of usufruct !. 5a$es and e$penses imposed directly on capital %. 7iable for whate'er may be lost by the usufructuary in usufruct of mortgaged immo'ables if these were sold. ). (f e$propriated for public useUowner may replace it or pay legal interest to usufructuary of net proceeds of the same. H*31I *. #ay Lsufructuary the interest on the 'alue :this actually is the insurance recei'ed for the destroyed building; of the land occupied and materials used by na9ed owner after constructing a replacement building in Lsufruct of a 8uilding which was destroyed. H*3,.2I ,. #ay annual net proceeds less e$penses of administration if he demanded return of the thing after it was found out to be in bad use and causes injury to him H*13I Speci"l ,suf#ucts (POC-/M-PDC) 1. Of pension or income :),3; 2. Of property owned in common :).2; !. Of cattle4li'estoc9 :)11; %. On $ineyards and woodlands :),)2),*; ). On (ortgaged #roperty :*33; *. O'er the entire patrimony :)1.; ,. O'er the things which gradually 'eteriorate :),!; .. Of consumable property EHTIN6,IS.MENT OF ,S,FR,CT,ARY MD87N MDEMET-TPN 1. Death of LsufructuaryUunless contrary intention appears 2. E$piration of period of usufruct !. Merger of usufruct and ownership %. E$press renunciation of usufructuary ). Total loss of thing *. Termination of the right of the person constituting the usufruct ,. Prescription E5hing 7oss in #art, right on the remaining part continues H*3%I ELsufruct cannot be constituted in fa'or of town, corporation or association for more than )3 yearsH*3)I %2 Property ELsufruct with duration dependent on the age of a person :e$pires when person attains a certain age; subsists e'en if such person die before the period e$pires unless usufruct is e$pressly granted only in consideration of the e$istence of such person H*3*I E Lsufruct in fa'or of se'eral persons not e$tinguished until death of last sur'i'or H*11I EASEMENTS OR SER/IT,DES E"se(et- an encumbrance imposed upon an immo'able for the benefit of another immo'able belonging to a different owner. 5he immo'able in fa'or of which the easement is established is called the 'o(i"t est"teG that which is subject thereto, the se#$iet est"te! Diffe#eces 0et%ee Se#$itu'e A' E"se(et 1. 0er'itude is the term used in Ci'il 7aw Countries li9e 0pain, while easement is used in common2 law countries li9e -ngland 2. 0er'itude is broader in scope. (n common law, easement is just one form of ser'itude. !. 0er'itude in Ci'il 7aw refers to both real easement :predial; or to a personal easement. While in common law easement is always predial or real easement. C&"#"cte#istics of E"se(et o# Se#$itu'e 1. "eal right but will affect third persons only when registered. 2. (t is enjoyed o'er another immo'able. %*he immovable is understood in its common meaning such as lands/ buildings/ roads and constructions attached to the soil. 5t is not understood in its legal sense under @rticle 619 where even birds and fish may be considered immovable properties.& !. (n'ol'es two neighboring estates. %*he other property must be owned by another owner.& %. (t is inseparable from the estate to which it is attached and therefore cannot be alienated independently of the estate. H*1,I ). (t is indi'isible H*1.I *. "ight is limited by the needs of the dominant owner or estate without possession ,. (t cannot consist in the doing of an act unless the act is accessory in relation to a real easement. .. (t is a limitation on the ser'ientOs ownerOs rights of ownership for the benefit of the dominant owner and therefore it is not presumed. 1. (ts cause must be perpetual :as long as the dominant and4or the ser'ient estate e$ists unless sooner e$tinguished by the causes enumerated by law; CLASSIFICATION 1. +ccording to the anner they are e$ercised. H*1)I a. ContinuousUtheir use is incessant or may be incessant without the inter'ention of any act of man. -$amplesF i. -asement of a6ueduct ii. -asement of right to support a beam on anotherOs wall iii. -asement of light and 'iew b. &iscontinuousUused at inter'als and depend upon the acts of man. -$ampleF -asement of right of way 2. +ccording to #resence of 0igns (ndicati'e of their e$istence H*1)I %! Property a. +pparentUthose which are made 9nown and continually 9ept in 'iew by e$ternal signs re'ealing their use and enjoyment by the owner of the dominant estate. -$ampleF i. Window in a party wall which is 'isible to owners of the party wall ii. "ight of way if there is a permanent path constructed. iii. -asement of &am $xception: +n easement of a6ueduct is always considered apparent for legal purposes H*%*I b. Non2+pparentUthose which do not show signs of their use and enjoyment. -$ampleF i. -asement of lateral and subjacent support ii. -asement of intermediate distance H*,1I iii. -asement of right of way if there is no 'isible pathway or alley. i'. -asement of not building to more than a certain height !. +ccording to purpose of easement or the nature of limitation or obligation of ser'ient owner H*1*I a. #ositi'eUone which imposes the duty on the owner of the ser'ient estate to do something or to allow something to be done by the owner of the dominant estate. :0-"S(5L&-0 OF 0LFF-"+NC- or (N5"L0(ON; -$amplesF i. (f branches of a tree e$tend o'er a neighboring estate, the owner of the latter estate has the right to demand from the owner of the tree the cutting of the o'erreaching branches H*.3I. ii. (f the roots of the tree would penetrate into the land of another, the owner of the tree :ser'ient estate; has the obligation to allow the cutting of the in'ading roots H*.3.2I iii. -asement of light and 'iew in a party wall H**..1I i'. -asement of right of way b. Negati'eUone which prohibits the owner of the ser'ient estate from doing something which he could lawfully do if the easement did not e$ist. :+lso called 0-"S(5L&-0 OF +805-N5(ON or 7((5+5(ON or "-05"(C5(ON -$amplesF i. -asement of light created by the ma9ing of an opening in oneOs own wall below the ceiling joists.H**1I 5he owner of the other tenement cannot construct anything which will obstruct the entry of light. Were it not for the easement, the owner of the ser'ient estate can construct structures on his own tenement that could obstruct the light passing through the said opening. Cowe'er, the dominant owner can object to the construction of any barring structures only after the lapse of ten years following the receipt by the ser'ient owner of a notarial prohibition restraining him from ma9ing such bloc9ing structures. H**.I ii. -asement not to build higher structure which will bloc9 the easement %. +ccording to party gi'en the benefit a. real :or predial;Ufor the benefit of another belonging to a different owner. -$ampleF i. -asement of water where lower estates are obliged to allow water naturally descending from upper estates to flow into them. :Natural &rainage; H*!,I b. personalUfor the benefit of one or more persons or community -$ampleF %% Property i. -asement of right of way for passage of li'estoc9 H*),I ). +ccording to right gi'en a. "ight to partially use the ser'ient estate. $x. +ight of >ay b. "ight to get specific materials or objects from the ser'ient estate. $x. $asement of ,rawing >ater c. "ight to participate in ownership. $x. $asement of (arty >all d. "ight to impede or pre'ent the neighboring estate from performing a specific act of ownership. $x. $asement of intermediate distances as when the servient estate cannot plant trees wAo observing certain distances. *. +ccording to source or origin a. SoluntaryUconstituted by will or agreement of the parties or by a testator. b. i$edUcreated partly by agreement and partly by law c. 7egalUconstituted by law for public use or for pri'ate interest MODES of AC+,IRIN6 EASEMENTS (. 8y 5itle 1. discontinous and apparent 2. continuous and non2apparent !. discontinous and non2apparent ((. 8y 5itle B #resciption:13 years irrespecti'e of good faith or bad faith; 1. continuous and apparent EEComputation of time of #ossession for ac6uisition through prescription H*21I #ositi'eF From the day the dominant estate began to e$ercise the right :i.e. regarding a window in a party wall, from the day the opening or window was built H**.I ; Negati'eF From the time Notarial #rohibition was made on the ser'ient estate. (((. 8y &eed of "ecognition H*2!I (S. 8y Final Kudgment H*2!I S. 8y +pparent sign established by the owner of two adjoining estates should either of the estates are alienated, unless at the time the ownership is di'ided the contrary is pro'ided in the title of con'eyance O" sign remo'ed before e$ecution of deed H*2%I S(. 8y -$proriation E+bsence of a document or proof showing origin of an easement w4c cannot be ac6uired by prescription may be cured by a deed of recognition by the owner of the ser'ient estate O" by a final judgment RI6.TS OF T.E DOMINANT ESTATE O5NER (EMRA) 1. E$ercise the easement and all necessary rights for its use including accessory easement H*2)I 2. Ma9e on the ser'ient estate all wor9s necessary for the use and preser'ation of the ser'itude, 8L5 a. ust be at his own e$pense b. ust notify the ser'ient owner c. 0elect con'enient time and manner %) Property d. ust not alter the easement nor render it more burdensome H*2,.1I !. Renounce totally the easement if he desires e$emption from contribution to e$penses H*2.I %. As9 for mandatory injunction to pre'ent impairment of his use of the easement H"esolme '. 7aAoI O0LI6ATIONS OF T.E DOMINANT ESTATE O5NER MANCCN 1. Cannot "lter the easement or render it more burdensome H*2,.1I 2. Notify the ser'ient owner of wor9s necessary for the use and preser'ation of the ser'itude H*2,.2I !. Choose the most con'enient time and manner in ma9ing the necessary wor9s as to cause the least incon'enience to the ser'ient owner H*2,.2I %. Contribute to the necessary e$penses if there are se'eral dominant estates in proportion to the benefits deri'ed from the wor9s H*2..1I RI6.TS OF T.E SER/IENT ESTATE O5NER MR,CN 1. Ret"i ownership and possession of the portion of the estate on which the easement is established H*!3I, e'en if indemnity for the right is gi'en :as in the case of easement of right of way; H*%1I, unless the contrary has been stipulated. 2. ,se the easement unless depri'ed by stipulation pro'ided that the e$ercise of the easement is not ad'ersely affected H*!3I and pro'ided further that he contributes to the e$penses in proportion to benefits recei'es, unless thereOs an agreement to the contrary H*2..2I !. C&"*e the place or manner of the use of the easement, pro'ided that an e6ually con'enient substitute is made, w4o injury to the dominant estate. H*21.2I O0LI6ATIONS OF T.E SER/IENT ESTATE O5NER (PRIC) 1. P"y for e$penses incurred for the change of location or form of the easement H*21.2I 2. (n case of impairment, #esto#e conditions to status 6uo at his e$pense plus damages. %(aras/ citing )ancheB +oman& %5n case of obstruction/ as when the servient owner fences the original right of way/ and offers an inconvenient substitute/ which is farther and re.uires turning at a sharp angle/ he may be restrained by in-unctionC+esolme v. 'aBo& !. Cannot impair the use of the easement H*21.1I %. Contribute to the e$penses in case he uses the easement, unless there is a contrary stipulation. H*2..2I MODES OF EHTIN6,IS.MENT OF EASEMENTS MD7<N (MN 0ERR) 1. MER6ER in the same person of the ownership of the dominant and ser'ient estates. Eerger must be absolute, complete, not temporary. 2. NON-,SER for 13 Years. Cow computedZ 1. &iscontinuousF from the day on which they ceased to be used 2. ContinuousF from the day on which an act contrary to the same too9 place ELse by at least one co2owner of the dominant estate of the easement pre'ents prescription as to the others inasmuch as an easement is indi'isible. H*!!I !. 0AD CONDITION of either or both of the tenement, in such a case that it cannot be used. :8ut shall re'i'e if the subse6uent condition again permit its use unless prescription ta9es place. %* Property %. EHPIRATION of the term of the fulfilment of the condition, if easement is temporary or conditional. ). REN,NCIATION of the owner of the dominant estate *. REDEMPTION agreed upon between the owners of the dominant and ser'ient estates. LE6AL EASEMENTS- are those imposed by law ha'ing their object either public use or the interest of pri'ate persons. 5hey shall be go'erned by the special laws and regulations relating thereto, and in the absence thereof, by the Ci'il Code. :INDS2 (5RPL DIAL) 1. -asement "elating to 5aters 2. -asement of Right of Way !. -asement of Party Wall %. -asement of Light and Siew ). Drainage of 8uilding *. Intermediate &istances and Wor9s for Certain Constructions and #lantings ,. -asement Against Nuisance .. Lateral and 0ubjacent 0upport EASEMENTS RELATIN6 TO 5ATERS MDD R DD ACN 1. Natural Drainage of 7ands H*!,I 2. Natural Drainage of 8uildings H*,%I !. -asement on #iparian ban9s for na'igation, floatage, fishing, sal'age and towpath H*!.I %. -asement of a 'am H*!1, *%,I ). -asement for 'rawing water or for watering animals H*%32*%1I *. -asement of "6ueduct H*%!2*%*I ,. -asement for the construction of a stop loc9 or sluice gate H*%,I "atural ,rainage of 'ands 7)ervient $state owner cannot construct works that would divert the flow of water or burden another tenement/ nor enclosed his land by ditches or fences which would impede the flow 7,ominant $state owner cannot collect water/ nor increase the velocity of the descent by maing the ground more impervious or less absorbent/ but he may construct works preventing erosion 8'aw on >aters<. 75f the descending waters are the result of artificial development or proceed from industrial establishments recently set up or are the overflow from irrigation dams/ the owner of the lower estate shall be entitled to compensation for his loss or damage. %'aw on >aters& ,rainage of Duildings 7=wner of Duilding must construct its roof in such manner that the rain water falls on his own land or on a street or public place. 7=wner is obliged to collect the water without causing damage to the ad-acent land or tenement. 8E;6< 75f *enement or 'and is sub-ect to easement of receiving water falling from roofsCowner of such tenement may build in such manner as to receive the water upon his own roof or give it another outlet 8E;9<.. *his is applicable in places where buildings are constructed in mountainous or elevated areas and roofings are of different heights. *hose in the lower areas may be receiving %, Property in their roofs rain water coming or falling from neighboring roofs. )ervient owner should provide an outet for the passage of falling water to public street. 7=utlet of +ain >ater through surrounding housesClike compulsory easement of right of way. !onditions: %a& "o ade.uate outlet for rain water %b& =utlet must be at the point of easiest egress %c& least possible damage %d& payment of proper indemnity 8E;E< $asements along +iparian Danks 7*his whether the bank be private or public and whether the river be navigable or not. 8E3:< 7$ntire 'ength and >idth of Fone Durdened of 3 meters along the river margins $asements of *=> (@*? 7*owpath: road or track that runs alongside the banks of a river/ canal or other inland waterway/ the purpose of which is to allow a land vehicle/ animal or a team of human pullers to tow a boat/ often a barge. 7Danks must be navigable or floatable rivers. 8E3:< 7>idth Fone: %a& 2 metersCanimals %b& 1 meterCpedestrians $asement of a ,am 7(urpose: *o divert or take water from a river or brook or for the use of any other continuous or discontinous stream. 7(erson who is to construct and not the owner of the supporting lands or banks must pay indemnity. 8E3G< !onstruction of stop lock or sluice gate 8E6;< 7+e.uisites: %a& (urpose must be for irrigation or improvement %b& !onstruction must be on the estate of another %c& ,amages must be paid %d& *hird persons should not be pre-udiced $asement for drawing water or for watering animals 7=nly for reasons of public use in favor of a town or village after indemnity. 8E6H< 7)ervient estates owners has obligation to allow passage to persons and animals to place where easements are to be used/ also with indemnity 8E61< +ight of way have a maximum width of 1H meters/ which cannot be altered by owners of the servient estates. ?owever/ the direction of the path may be changed/ provided use of easement is not pre-udiced. $asement of @.ueduct 7 +e.uisites: ,ominant estate owner must 8E63< @5S&A 1. 5rove that he can dispose of the water and that it is sufficient for the use for which it is intended. 2. Show that the proposed right of way is the most convenient and the least onerous to 3 rd persons 3. &ndemnify the owner of the servient estate %. Property 7 !annot be imposed on buildings/ courtyards/ annexes or outhouses or orchards or gardens already existing.%for private interests& 8E66< 7 (ossible >ays: %a& !onstruction of an open or covered canal %b& construction of tubes or pipes 7 )ervient owner may still enclose or fence the servient estate or even build over the a.ueduct so long as no damage is caused or repairs and cleanings become impossible. 8E69< EASEMENT OF RI6.T OF 5AY -easement or pri'ilege by which one person or a particular class of persons is allowed to pass o'er anotherOs land, usually through one particular path or line. "e6uisitesF H*)3I (OANILI) 1. Claimant must be o%e# of enclosed immo'able or one with real right. 2. 5here must be no "'eKu"te outlet to a public highway. !. 5he right of way must be absolutely ecess"#y. %. 5he isol"tio must not be due to the claimantOs own act. ). 5he easement must be established at the point le"st prejudicial to the ser'ient estate. *. 5here must be payment of proper i'e(ity. E8asis of (ndemnityF H*%1I a. #ermanent #assageF Salue of 7and occupied P +mount of &amage to 0er'ient -state b. Necessary #assage :i.e. culti'ation of estate;F +mount of &amage E Width is dependent on the sufficient needs of the dominant estate H*)1I E (f the land con'eyed by the grantor :i.e. 'endor, co2owner, e$changer; is surrounded by his :grantorOs; other estates he shall be obliged to grant right of way w4o indemnity to him.. (n case of simple donation, donor is indemnified if a right of way is established H*)2I E (f it is the land of the grantor that was isolated he may demand a right of way after paying indemnity.. 5he donor howe'er is not re6uired to pay indemnity. H*)!I E (f right of way is permanentUnecessary repairs are made by the dominant estate owner.. Ce shall pay a proportionate share of ta$es to ser'ient estate :+ccording to #aras =#roportionate> means the WCO7- ta$ for the whole estate; H*)%I @ EHTIN6,IS.MENT OF EASEMENT OF RI6.T OF 5AY(Le*"l-Co(pulso#y Ri*&t of 5"y) MD??N QNot automatic as the law says ser'ient owner =may demand> 1. Opening of a new road 2. Koining the dominant estate to another:that is the latter becomes also the property of the dominant owner; which abuts and therefore has access to the public highway. W5he new access must be ade6uate and con'enientX E*emporary $asement of +ight of >ayF +s when it is indispensable for the construction, repair, impro'ement, alteration or beautification of a building to carry materials to estate of another. H*)*I E$asement of +ight of >ay for the (assage of 'ivestock: H*),I Width :a$imum;F a. +nimal #athU,) meters b. +nimal 5railU!,.) meters c. #assageway for animals under *%34*%1 for wateringU13 meters EASEMENT OF PARTY 5ALL -refers to all those mass of rights and obligations emanating from the e$istence and common enjoyment of wall, fence, enclosures or hedges by the owners of adjacent buildings and estates separated by such objects. %1 Property PARTY 5ALLLa common wall which separates two estates built by common agreement at the di'iding line such that it occupies a portion of both estates on e6ual parts. (t is a forced co2 ownership. PARTY 5ALL $s! CO-O5NERS.IP PARTY 5ALL CO-O5NERS.IP 0hares of parties cannot be physically segregated but they can be physically identified 0hares of the co2owners can be di'ided and separated physically but before such di'ision, a co2owner cannot pinpoint to any definite portion of the property as belonging to him No limitation as to use of the party wall for e$clusi'e benefit of a party None of the co2owners may use the community property for his e$clusi'e benefit Owner may free himself from contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto #artial renunciation is allowed PRES,MPTION T.AT A 5ALL IS A PARTY 5ALL MD?9N 1. &i'iding walls of adjoining buildings up to the point of common ele'ation 2. &i'iding walls of gardens or yards situated in cities, towns or in rural communities !. Fences, walls and li'e hedges di'iding rural lands Cow #resumption rebuttedZ a. 5itle to the contrary b. -$terior signs to the contrary c. #roof to the contrary E5itle pre'ails o'er a mere e$terior sign. EHTERIOR SI6NS NE6ATI/IN6 EHISTENCE OF PARTY 5ALL MDD8N (5O00 CSI) :1; Whene'er in the di'iding wall of buildings t&e#e is " %i'o% o# opei* :2; Whene'er the di'iding wall is, on oe si'e3 st#"i*&t "' plu(b on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outwardR :!; Whene'er the entire wall is built %it&i t&e bou'"#ies of one of the estatesR :%; Whene'er the di'iding wall be"#s t&e bu#'e of t&e bi'i* be"(s, floors and roof frame of one of the buildings, but not those of the othersR :); Whene'er the di'iding wall between courtyards, gardens, and tenements is constructed in such a way that the copi* s&e's t&e %"te# upo oly oe of t&e est"tesR ECo(ing= highest or covering course of a wall often of tile and usually with a sloping top to carry off water and commonly cut with a drip :*; Whene'er the di'iding wall, being built of ("so#y, has steppi* stoes, which at certain inter'als project from the surface on one side only, but not on the otherR :,; Whene'er lands iclose' by fences or li'e hedges adjoin others which are not inclosed. )3 Property E #resumption of party wall applies to ditches and drains opened between two estates. 8ut there is a rebuttable presumptionF if a deposit of dirt is on one side alone, owner of that side is considered owner of the ditch. H**1I E #roportionate contribution to repairs and construction similar to co2ownership, unless there is total renunciation of the share of one owner, the latter is e$empt H**2I E When owner of the building supported by a party wall desires to demolish the building he may also renounce his part2ownership of the wall. Ce howe'er bears the cost of repairs necessary to pre'ent damage which the demolition may cause. H**!I E 2e4uisites for &ncreasing the .eight of the 5arty )all MDD>N MDP 0P R6N 1. ust 'o so at his own e$pense 2. ust pay the necessary damages caused e'en if damage is temporary !. ust bear the costs of maintenance of the portion added %. ust pay for the increased cost of preser'ation ). ust #econstruct if original wall cannot bear the increased height *. ust *i'e the necessary additional space of his land if wall is to be thic9ened EOne desiring the increase height or depth shall be the e$clusi'e owner of the additions, unless the other owners:who ha'e not contributed in increasing height or depth; pay proportionally the 'alue of the wor9 at the time of the ac6uisition by other persons outside the original part2ownership and of the land used for its thic9ness. H**)I E Lse by the co2owners of the wall is in proportion to their right in the co2ownership. H***I EASEMENT OF LI6.T AND /IE5 E Consent of part2owners of a party wall necessary in opening a window H**,I #ase!ent of Light" right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. #ase!ent of -iew"right to make openings or windows to en-oy the view through the estate of another and the power to prevent all constructions or works which would obstruct such view or make the same difficult. E#eriod of #rescription how countedZ H**.I a. From the time the opening of the window if it is through a party wall b. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. E When distances under +rt. *,3 not obser'ed, owner of a wall w4c is not a party wall adjoining a tenement or a piece of land belonging to another may ma9e in it openings to admit 7(/C5F H**1I i. a$imum siAeU!3cm. s6uare ii. 5here must be an iron grating imbedded in the wall iii. 5here must be a wire screen 225his is referred to as "-05"(C5-& W(N&OW0 )1 Property E"ules for "-/L7+" W(N&OW0 :*,3; ,irect ViewF +t least 2 meters distance between the wall ha'ing the windows and the boundary line. 225his is measured from the outer line of the wall when the openings do not project O" from the outer line of the openings when they project H*,1I )ideA=bli.ue ViewF +t least *3 centimeters between the boundary line and nearest edge of the window :0antos '. "ufino; 225his is measured from the di'iding line between the two properties. ,irect -iewCgaining of direct sigt from an opening in a wall parallel to the boundary line wAo having to extend out or turn oneIs head to see the ad-oining tenement. Side?o/li4ue viewCgaining of sight of the other tenement from an opening made at an angle with the boundary line/ such that to be able to see the ad-oining tenement there is a necessity for putting out or turning oneIs head either to the left or to the right. E &istances in +rt. *,3 applicable to buildings separated by a public way or a public alley which is not less than ! meters wide. H*,2I E When a right has been ac6uired to ha'e direct 'iews, the owner of the ser'ient estate cannot build thereon at less than a distance of ! meters. +ny stipulation permitting distances less than the prescribed under +rt. *,3 is 'oid. H*,!I INTERMEDIATE DISTANCES AND 5OR:S FOR CERTAIN CONSTR,CTIONS AND PLANTIN6S ENo constructions and plantings near fortified places or fortresses H*,,I 22Fortified #laces4fortressesUmilitary structure for the defense of the 0tate against foreign aggression. EConstruction of +6ueduct, Wells, sewers, furnace, forge, chimney, stable, depository of corrosi'e substances, machinery or factory w4c are dangerous or no$ious not should obser'e the distances prescribed regulations and customs of the place. No wai'er or alteration by stipulation is allowed for reasons of public safety. H*,.I E #lanting of trees subject to distances pro'ided by ordinances or customs if there be none. (f both not presentF H*,1I a. 5all treesU2 meters:minimum; from boundary line to center of the tree b. 0mall trees or shrubsU)3 cm.:minimum; from boundary line to center of tree or shrub 225his is applicable e'en if trees ha'e grown spontaneously. E Fruits naturally falling upon adjacent land belong to the owner of said land H*.1I EASEMENT A6AINST N,ISANCE 22Forms of Nuisance H*.2IBN"OS.",)3C 1. oise 2. Jarring )2 Property !. offensi'e odor %. smo9e ). &eat *. 'ust ,. %ater .. *lare )! PROPERTY LATERAL AND S,01ACENT S,PPORT L"te#"l Suppo#t--support when the supported and supporting lands are di'ided by a 'ertical plane, which if diminished through diggings or e$ca'ations may cause crumbling or sliding of the neighboring land. SubJ"cet Suppo#tLsupport when the supported land is abo'e and the supporting land is beneath it, which if diminished through diggings or e$ca'ations may cause sin9ing of the neighboring land. E +ny stipulaton or testamentary pro'ision allowing e$ca'ations that cause danger to an adjacent land or building shall be 'oid H*.)I E +pplicability is not only for standing buildings but also for future ones to be erected. H*.*I /OL,NTARY EASEMENTS E Consent of the usufructuary is not necessary if the Na9ed Owner imposes any ser'itude on the land or tenement as long as it does not injure the usufructuary. H*.1I E 8oth the na9ed and beneficial ownerOs consent is necessary if a perpetual 'oluntary easement is to be established H*13I E Consent of all co2owners necessary in order to impose an easement o'er the undi'ided tenement or land. Consent need not be gi'en simultaneously. 8ut once a co2owner ga'e his consent he cannot re'o9e it. H*11I E /o'erning "ules for Soluntary -asementsF H*12I a. (f created by title, title go'erns and Ci'il code is suppletory b. (f created by prescription, form and manner in which it had been ac6uired go'erns, Ci'il code is suppletory. E When ser'ient estate owner bound himself to pay the cost of maintenance wor9, he may free himself if he renounces his property to the dominant estate owner H*1!I N,ISANCE MD9>N 22 +ny act, omission, establishment, business, condition of property or anything else which MIASO.N 1. Injures or endangers the health or safety of others :-$. Factory causing pollution or house in danger of falling; 2. Annoys or offends the senses :-$. /arbage cans, too much blowing of horns; !. Shoc9s, defies, or disregards decency or morality :-$. Couse of prostitution; %. Obstructs or interferes with the free passage of any public highway or street or any body of water :-$. ar9et 0talls constructed on streets; ). .inders or impairs the use of property :-$. (llegal construction on anotherOs land; Ne*li*ece $s! Nuis"ce Negligence Nuisance 8asis 7iability is based on lac9 of proper care or diligence 7iability attached regardless of the degree of care or s9ill e$ercised to a'oid injury Condition of the act +ct complained of is already done which caused injury to the plaintiff 5here is continuing harm being suffered by the aggrie'ed party by the maintenance of the act or thing which constitutes the nuisance +batement +batement is not a'ailable as a remedy. 5he action is for damages. +batement w4o judicial proceedings is allowed to suppress the nuisance Nuis"ce $s! T#esp"ss 22(n trespass there is entry into anotherOs property, this is not necessarily so in nuisance. 22(n trespass the injury is direct and immediateR in nuisance it is only conse6uential. PROPERTY CLASSIFICATION OF N,ISANCE 1. Old Classification a. nuisance per seUalways a nuisance :-$. Couse of prostitution; b. nuisance per accidensUa nuisance only because of the location or other circumstances. :-$. + noisy factory in a residential district; 2. New Classification +. +ccording to relief :whether gi'en or not; i. actionable ii. non2actionable 8. +ccording to manner of relief i. those abatable by criminal and ci'il actions ii. those abatable only by ci'il actions iii. those abatable judicially i'. those abatable e$tra2judicially C. +ccording to the Ci'il Code i. #L87(CUaffets a community or neighborhood or any considerable number of persons although the e$tent of annoyance, danger or damage be une6ual. H*1)I ii. #"(S+5-Uthat which is not public or only affects certain indi'iduals or affects pri'ate rights H*1)I E5here may be a ([-& NL(0+NC- or which affects both public and pri'ate. +s when it affects the community but there is a special injury to a pri'ate person. -$ampleF + house abutting on a street railway trac9 is a pri'ate nuisance to the railway company and a public nuisance because it obstructs the street. DOCTRINE OF ATTRACTI/E N,ISANCE =One who maintains on his estate or premises an attracti'e nuisance :which is a dangerous instrumentality or appliance which is li9ely to attract children;, without e$ercising due care to pre'ent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby, e'en if the child is technically a trespasser in the premises.> 225he principal reason for the doctrine is that the condition or appliance in 6uestion although its danger is apparent to those of age, is so enticing or alluring to children of tender years as to induce them to approach, get on or use it, and this attracti'eness is an implied in'itation to such children. 22/enerally not applicable to bodies of water, artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location. 5hus a swimming pool or reser'oir of water is considered an attracti'e nuisance. E 0uccessor of a property constitution nuisance is liable if he did not remo'e itUH*1*I E +batement for nuisance does not preclude reco'ery of damages for its past e$istenceUH*1,I E 7apse of time cannot legaliAe any nuisance e$cept, Non2user for ten years of an easement, e$. +n easement of a dam which was considered a nuisance was not used for 13 years H*1.I Re(e'ies "*"ist Public Nuis"ce 1. Criminal #rosecution 2. Ci'il +ction !. +batement w4o judicial proceedings E+ll remedies may be simultaneously pursued E Ci'il action is commenced by the ayor H,31I E &istrict health officer determines w4n e$tra2judicial abatement is the best remedy H,32I E + pri'ate person may file an action against a public nuisance if it is specially injurious to him H,3!I Co'itios fo# e)t#"-Ju'ici"l "b"te(et of " public uis"ce by " p#i$"te pe#so 1. &emand to owner or possessor of property 2. &emand was rejected !. +batement is appro'ed by district health officer and e$ecuted w4 local police assistance %. Salue of destruction does not e$ceed #!,333 PROPERTY Re(e'ies "*"ist " p#i$"te uis"ce 1. Ci'il +ction 2. +batement w4o judicial proceedings E + pri'ate person injured by a pri'ate nuisance may abate it by remo'ing4destroying w4o committing breach of peace. #rocedure for e$tra2judicial abatement of a public nuisance by a pri'ate person is indispensable. H,3*I E + pri'ate person e$tra2judicially abating a nuisance is liable for damages ifF a. he causes unnecessary injury b. an alleged nuisance is later declared by courts not a real nuisance H,3,I RE6ISTRY OF PROPERTY 22has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights o'er immo'able property. H,3.I Re*ist#"tioLany entry made in a boo9 or public registry of deeds. i.e. cancellation, annotation, marginal notes. RRe*iste#4 5his may refer toF i. the act of recording or annotating ii. the boo9 of registry iii. the office concerned i'. the official concerned T&#ee syste(s of #e*ist#"tio i t&e P&ilippies 1. "egistration under the 7and "egistration +ct :5orrens 0ystem; 2. "egistration under the 0panish ortgage 7aw !. "egistration under 0ec. 11% of the "e'ised +dministrati'e Code, as amended by +ct !!%% Pu#poses of Re*ist#"tio 1. 5o gi'e true notice of the real status of real property and real rights thereto 2. 5o prejudice third persons :unless they ha'e actual 9nowledge of the transaction concerned; H,31I !. 5o record acts or contracts :transmissions and modifications of ownership and other eal rights o'er real properties; NoteF "egistration does not 'alidate or cure a defecti'e instrument li9e a forged deed. %. 5o pre'ent the commission of frauds, thus insuring the effecti'ity of real rights o'er real property. E"egistration cannot bind property where it is legally ineffecti'e i.e. registration under wrong system. E"egistration does not 'est title, it is not a mode of ac6uiring ownership E5he boo9s in the "egistry of #roperty shall be public for those who ha'e 9nown interest in ascertaining the status of the immo'able or real rights annotated or inscribed therein H,13I E"eference to special laws must be made to determine what titles are subject to registration, as wel as the form, effects and cancellation of registration, and the manner of 9eeping the boo9s and the 'alue of the entries contained in said boo9s H,11I MODES OF AC+,IRIN6 O5NERS.IP ME<=N (OLDTIPS) 1. Occupation 2. Law !. Donation %. Tradition %. Intellectual Creation *. Prescription PROPERTY ,. Succession +. Original odesUindependent of any pre2e$isting or preceding title or right of another 1. Occupation 2. (ntellectual Creation or wor9 8. &eri'ati'e odesUsomebody else was the owner before 1. 0uccession 2. &onation !. #rescription %. 7aw :+llu'ium, accession, abandonment of ri'er beds, adjunction, fruits falling on anotherOs land ). 5radition, as a conse6uence of certain contracts :li9e sale, barter, assignment, simple loan or mutuum; MODE $s! TITLE Mode Title &irectly produces real right 0er'es merely to gi'e occasion for its ac6uisition or e$istence #ro$imate cause "emote cause 5he true cause :or process; 5he justification for the process -ssence of right w4c is to be created or transmitted eans whereby essence is transmitted Creates a real right Creates a personal right OCC,PATION 225he ac6uisition of ownership by seiAing corporeal things that ha'e no owner, made with the intention of ac6uiring them, and accomplished according to legal rules. ReKuisites2 (SCA-IC) 1. 5here must be seiAure or apprehension :the material holding is not re6uired as long as there is right of disposition; 2. 5he property seiAed must be corporeal personal property !. 5he property seiAed must be susceptible of "ppropriation :either abandoned property or unowned property; %. 5here must be intent to appropriate ). 5he re6uisites or conditions of the law complied with *hings susceptible to =ccupation H,1!I 1. 5hings w4o owner 2. animals that are object of hunting and fishing !. +bandoned mo'ables %. Cidden treasure E Ownership of a piece of land cannot be ac6uired by occupation H,1%I E"ight to hunt and fish regulated by special laws H,1)I :such as Fisheries +ctR +ct 1%11 prohibition on use of e$plosi'es and poisons for fishing, Cunting 7aw, declaring close and open season; ANIMALS ME<D-E<EN 1. 0warm of bees 2owner shall ha'e a right to pursue them to anotherOs land, paying damages to the owner of the latterOs land. 2land owner shall occupy4retain bees if after 2 days, owner did not pursue the bees 2. &omesticated +nimals 2may be redeemed w4in 23 days from occupation of another personR shall pertain to one who caught them if no redemption made w4in the period !. #igeons and fish 2when they go to another breeding place, they shall be owned by the owner thereof pro'ided they are not enticed. MO/A0LES 1. Cidden 5reasure found on anotherOs property, rights under %!. ac6uired H,1.I PROPERTY 2. o'able found w4c is not treasure H,114,23I a. must be returned to owner b. if finder retains, he may be charged with theft c. if owner is un9nown, gi'e to mayorR mayor shall announce the finding of the mo'able for two consecuti'e wee9s d. if owner does not appear * months after publication, thing is awarded to finder e. if owner appears, he is obliged to pay 1413 of 'alue of property to finder as reward H,23I f. if mo'able is perishable or cannot be 9ept w4o deterioration or w4o e$penses it shall be sold at public auction . days after publication OCC,PATION $s! POSSESSION Occup"tio Possessio ode of ac6uiring ownership "aises presumption of ownership :concept of an owner; +pplies only corporeal personal property +pplies to both corporeal and incorporeal 5he thing is w4o owner 5hing is w4 owner 5here is intent to ac6uire ownership #ossession may be had in the concept of mere holder 5a9es place w4 some form of possession 5a9es place w4o occupation /enerally with short duration Lsually ta9es place with longer duration Cannot lead to another mode of ac6uisition Can lead to ac6uisition through prescription OCC,PATION $s! PRESCRIPTION OCC,PATION PRESCRIPTION Original ode &eri'ati'e ode 0horter period of possession /enerally longer period of possession INTELLECT,AL CREATION #ersons who may ac6uire ownership through intellectual creation H,21I 1. 5he "ut&o# with regard to his literary, dramatic, historical, legal, philosophical, scientific or other wor9R 2. 5he co(pose# as to his musical compositionR !. 5he p"ite#, sculptor, or other artist, with respect to the product of his artR %. 5he scietist or technologist or any other person with regard to his disco'ery or in'ention. When ownership ta9es placeZ H,22I +uthor B ComposerU8efore publication :Copyright 7aws go'ern after publication; #ainter40culptorUbefore copyrighted 0cientist4technologistUbefore patented EOwnership of letters and pri'ate communications belong to the person to whom they are addressed and deli'ered. #ublication of such re6uires consent of writer or heirs e$cept for reasons of public good of interest of justice. H,2!I :7etter here means paper with words, because the ideas or thoughts really belongs to the sender; )ome *erms: !opyrightCan intangible/ incorporeal right granted by statute to the author or originator of certain %literary or artistic productions whereby he is invested/ for a specified period/ with the sole 4 exclusive privilege of multiplying copies of the same 4 publishing and selling them. 7>orks of 0overnment are exempted from copyrights. (atentCan exclusive right to an invention granted to the patentee/ his heirs or assigns for the term thereof %2H years under 5ntellectual (roperty !ode& PROPERTY (atent 5nfringementCact of using or selling any patented invention wAo authority during the term of the patent and this includes one who induces the infringement. (atentableCrefers to something suitable to be patented. *o be patentable/ a device/ process or improvement must embody a new idea or principle not before known and it must be a discovery as distinguished from mere mechanical skill or knowledge. "ot (atentable: a. ,iscoveries/ scientific theories/ mathematical methods b. !omputer (rograms c. Methods for treatment of human or animal body d. (lant varieties or animal breeds e. @esthetic creations f. !ontrary to public order or morality DONATION 22+n act of liberality whereby a person disposes gratuitously of a thing or right in fa'or of another who accepts it. H,2)I CharacteristicsF a. LnilateralUobligation imposed on the donor b. ConsensualUperfected at the time donor 9nows of the acceptance H,!%I "e6uisitesF (CIDA) 1. 5he donor must ha'e c"p"city to ma9e the donation of a thing or right 2. Ce must ha'e the donati'e itet :animus donandi& or intent to ma9e the donation out of liberality to benefit the donee. !. Deli$e#y, whether actual or constructi'e of the thing or right donated %. &onee must "ccept or consent to donation ReKui#e(ets of " Do"tio 1. 0ubject atterUanything of 'alueR present property B not future, must not impair legitime 2. CausaUanything to support a considerationR generosity, charity, goodwill, past ser'ice, debt !. Capacity to donate and dispose and accept donation %. FormUdepends on 'alue of donation Esseti"l Ele(ets-fe"tu#es of " t#ue 'o"tio a. +lienation of property by the donor during his lifetime, which is accepted b. (rre'ocability by the donor c. +nimus &onandi d. Conse6uent impo'erishment of the donor :diminution of his assets; :i's of Do"tio +. +s to consideration 1. 0impleUthe cause is pure liberality :no strings attached; 2. "emuneratoryUpurposeF to reward past ser'ices, with no strings attached. :5he ser'ices here do not constitute reco'erable debts.; -$. + donates a parcel of land to 8 who had pre'iously helped him re'iew the bar e$ams. !. O&+7UpurposeF to reward future ser'ices or because of certain future changes or burdens or charges is less than the 'alue of donation. -$. + donates to 8 a parcel of land worth #,33J but 8 should gi'e + a ring worth #1)3J or teach him certain things, the 'alue of instruction being #13J %. OnerousUhere there are burdens, charges or future ser'ice e6ual in 'alue to that of the thing donated. -$. + donated land worth #2 to 8 but 8 has to gi'e + a Ford -$pedition worth also #2. :Case law pro'ides that this is not really a donation; 8. +s to effecti'ity 1. inter 'i'osUta9es effect during the lifetime of the donor 2. mortis causaUta9es effect upon the death of the donor !. in praesentiUto be deli'ered in future :also considered inter 'i'os; PROPERTY %. propter nuptiasUon the occasion of marriage C. From the 'iewpoint of object donated 1. Corporeal a. &onations of real property b. &onations of personal property 2. (ncorporealUdonations of alienable rights INTER /I/OS MORTIS CA,SA 5a9es effect independently of the donorOs death 5a9es effect upon the death of the donor ade out of donorOs pure generosity ade in contemplation of his death without the intention to lose the thing or its free disposal in case of sur'i'al 5itle con'eyed to the donee before the donorOs death 5itle con'eyed upon donorOs death Salid if donor sur'i'es donee Soid if donor sur'i'es donee /enerally irre'ocable during donorOs lifetime e$cept for grounds pro'ided by law +lways re'ocable at anytime and for any reason before the donorOs death ust comply with the formalities re6uired by 7aw on donations ust comply with formalities re6uired by 7aw on 0uccession ust be accepted by the donee during his lifetime Can only be accepted after the donorOs death 0ubject to donorOs ta$ 0ubject to estate ta$ Ist"ces of Do"tio Ite# /i$os 1. &onor warrants title to property o'er which she reser'ed life time usufruct 2. &onation was accepted by donees who were gi'en limited right of disposition, with donor reser'ing beneficial ownership !. &onation was e$ecuted out of lo'e and affection as well as a recognition of the personal ser'ices tendered by the donee %. Ownership and possession of property immediately transferred to donee but his right to fruits begin only after donorOs death ). Causes of re'ocation specified *. &onor states that he ma9es a perfect, irre'ocable and consummated donation ,. &onor and donee prohibited from alienating and encumbering the property .. Lsufruct reser'ed by the donor Ist"ces of Do"tio Mo#tis C"us" 1. "egistration of deed of donation prohibited 2. &onation to ta9e effect and pass title only by and because of death !. "ight to dispose and enjoy reser'ed by donor E (n case of doubt the con'eyance should be deemed ortis Causa in order to a'oid uncertainty as to the ownership of the property. 5he legal principle enunciated in +rt. 1!,. applies, where in case of gratuitous contracts the least transmission of rights and interests must pre'ail. E Fi$ing of an e'ent or imposition of a suspensi'e condition, w4c may ta9e place beyond the natural e$pectation of life of the donor does not affect the nature of a donation inter 'i'os unless a contrary intention appears H,!3I E &onation subject to the resolutory condition of the donorOs sur'i'al is a donation inter 'i'os H,!1I E&onations w4 an onerous cause go'erned by rules on contracts, in case of remuneratory donations where the portion e$ceeds the 'alue of burden, e$cess is go'erned by contracts and the remaining, rules on donations H,!!I PROPERTY 5&o M"y 6i$e Do"tiosS +ll persons who may contract and dispose of their property H,!)I 5hereforeF /uardians and trustees cannot donate property entrusted to them H,!*I E &onorOs capacity determined as of the time of ma9ing the donation H,!,I 5&o ("y "ccept 'o"tiosS 1. Natural and juridical persons w4c are not specially dis6ualified by law. H,!.I 2. inors B other incapacitated a. by themsel'es i. if pure and simple donation ii. if it does not re6uire written acceptance b. by guardian, legal representati'es if needs written acceptance i. natural guardianUnot more than )3J ii. court appointedUmore than )3J !. Concei'ed and unborn child represented by person who would ha'e been guardian if already born. H,%2I PRO.I0ITED DONATIONS 1. ade between persons who are guilty of adultery and concubinage at the time of donation 2. ade b4w persons found guilty of the same criminal offense in consideration thereof !. ade to public officers or his4her spouse, descendants and ascendants by reason of his office %. ade to the #riest who heard confession of donor during his last illness or the minister of the gospel who e$tended spiritual aid to him during the same period ). ade to "elati'es of priest w4in the % th ci'il degree, church, order of community where the priest belongs *. ade to a #hysician, nurse etc. who too9 care of the donor during his last illness ,. ade by a ward to the guardian before the appro'al of accounts .. ade to an attesting witness to the e$ecution of donation, if there is any, or to the spouse, parents, or children or anyone claiming under them 1. ade by indi'iduals, associations or corporations not permitted by law to ma9e donations 13. ade by spouses to each other during the marriage or to persons of whom the other spouse is a presumpti'e heir. E &onations of the same thing to two or more different donees go'erned by the pro'isions on &ouble 0ale H,%%I E &onee must accept donation personally or through an authoriAed person with special power of attorney or one with a general and sufficient power H,%)I E +cceptance s4d be made during lifetime of both donee and donor H,%*I Do"tio of Mo$"bles ME>FN Orally or in writing (f oralUsimultaneous deli'ery of thing or document representing right re6uired (f 'alue of personal property e$ceeds #),333 donation and acceptance must be in writing Non2compliance w4 foregoing renders donation 'oid. Do"tio of I((o$"bles ME>9N ust be in a public document, specifying the property donated and the 'alue of charges the donee should satisfy +cceptance may be made in the same deed or separately, but must be made during the lifetime of donor +cceptance in a separate document re6uires notification to donor in an authentic form 5&"t ("y be *i$eS LIMITATIONS ON DONATION OF PROPERTY ME?8N +ll or part donorOs present property pro'ided he reser'es sufficient means for the support of the followingF a. himself b. relati'es who by law are entitled to his support PROPERTY c. legitimes shall not be impaired if he has forced heirs When there is no reser'ation of the abo'ementioned or if donation is inofficious, may be reduced on petition of persons affected. &onations should not prejudice ! rd persons Future property cannot be donated H,)1I NoteF +rt. ,)3 does not apply to onerous donation, mortis causa and propter nuptias:which cannot be reduced, as they are only re'ocable on grounds e$pressly pro'ided by law; EWhen donation is made to se'eral persons jointly, it is understood to be in e6ual shares and there is no right of accretion among them unless the donor otherwise pro'ides. 5his rule is not applicable to donations made to husband and wife jointly. H,)!I E&onee is subrogated to all rights of donor in case of e'iction. &onor howe'er is not obliged to warrant the thing donated e$cept when donation is onerous. &onor is liable for hidden defects in case there is bad faith. H,)%I E&onor may ma9e reser'ations to dispose part of the object donated, but if he dies it pertains to the donee. H,))I E5he donation of na9ed ownership and usufruct may be made to different persons pro'ided all the donees are li'ing the time of donation H,)*I E "e'ersion may be established in fa'or of the donor and to other persons:who are li'ing at the time of donation;. 0tipulations by the donor in fa'or of ! rd persons who are not li'ing at the time of donation is 'oid but shall not nullify the donation H,),I E 0tipulation that donee should pay debts of the donor applicable only to debts contracted pre'ious to the donation, unless there is an agreement to the contrary. 5he donee shall not be responsible to debts e$ceeding the 'alue of property donated, unless a contrary intention appears. H,).I E &onee is responsible to pay debts e'en if there is no stipulation if the donation was made in fraud of creditors. (t is considered in fraud of creditors when the donor did not reser'e sufficient property to pay debts prior to donation H,)1I EFFECTS OF DONATION 1. &onee may demand the deli'ery of the thing donated 2. &onee is subrogated to the rights of the donor in the property !. (n donations propter nuptias, the donor must release the property from encumbrances, e$cept ser'itudes %. &onorOs warranty e$ists ifF :a; e$pressed :b; donation is propter nuptias :c; donation is onerous :d; donor is in bad faith ). When the donation is made to se'eral donees jointly they are entitled to e6ual portions, w4o accretion, unless the contrary is stipulated RE/OCATION OR RED,CTION OF DONATIONS RE/OCATION 5.EN DONOR DOES NOT .A/E C.ILDREN D,RIN6 DONATION3 CONDITIONS TO TA:E EFFECT MED8N a. if the donor after the donation should ha'e legitimate or legitimated or illegitimate children, e'en though they be dead b. if the child of the donor, whom he belie'ed to be dead should turn out to be ali'e c. if the donor should adopt a minor. 225he reduction or re'ocation is only insofar as it e$ceeds the portion that may be freely disposed of by will after ta9ing account the whole estate of the donor at the time of e$istence of the abo'ementioned e'ents. H,*1I 5&"t t&e 'oee (ust 'o "fte# #e'uctio o# #e$oc"tioS MED=N 1. "eturn the property. PROPERTY 2. /i'e the 'alue :usually price of the sale; if it was sold. (f it was mortgaged donor may pay the debt subject to reimbursement from the donee. !. "eturn the 'alue at the time of perfection of donation if property lost or totally destroyed. (rescription of action for revocation or reductionF after % years from the birth of the first child or from his legitimation, recognition or adoption or from judicial declaration of filiation or from the time information was recei'ed of childOs e$istence. +ction is not renounces and transmitted upon donorOs death to legitimate and illegitimate children and descendants. H,*!I E&onation is re'o9ed upon failure of the donee to comply with conditions. +ction for re'ocation prescribes in four years and also transmissible to heirs and may be e$ercised against doneeOs heirs. +lienations or mortgages made by donee 'oid. H,*%I RE/OCATION 0Y REASON OF IN6RATIT,DE MED?N MCIRN :1; (f the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority :2; (f the donee imputes to the donor any criminal offense, or any act in'ol'ing moral turpitude, e'en though he should pro'e it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority :!; (f he unduly #efuses support to donor when the donee is legally or morally bound to gi'e support to the donor. 22 +lienations and mortgages effected before the notation of the complaint for re'ocation in the "egistry of #roperty shall subsist. H,**I 22 (f donor cannot reco'er property to ! rd persons, he may reco'er the 'alue of property:at the time of donation; to the donee H,*,I 22 +ction cannot be renounced in ad'ance. +ction prescribes w4in 1 year from the time donor had 9nowledge of the fact that it was possible for him to bring the actionH,*1I 7>hat fruits must be returned when donation is revoked H,*.I a. Fruits accruing from the time action is filed must be returned if the ground is 1. +rticle ,*3 :re'ocation by donor ha'ing no children; 2. (nofficiousness of the donation because the legitime is impaired H,,1I !. (ngratitude H,*)I b. Fruits recei'ed after failure to fulfill the condition4s must be returned if the ground is Non2 Compliance with any of the conditions imposed. H,*%I E+ctions are not transmissible to the heirs if the donor did not institute the same.:-'en if donor died before the 1 year e$piration period;.. +nd also actions cannot be brought against the doneeOs heirs unless the complaint was filed upon his:doneeOs; death. H,,3I 22-$ceptionsF 1. &onee 9illed the donor :donor ne'er had the chance to re'o9e; 2. When donor died w4o 9nowing act of ingratitude ($+)=") >?= !@" @)J #=+ *?$ +$,U!*5=" =# 5"=##5!5=U) ,="@*5=" upon donorIs death H,,2I 1. 5he compulsory heirs of the donor :whether children, other descendants, ascendants or sur'i'ing spouse; 2. 5he heirs and successors2in2interest of the compulsory heirs ($+)=") >?= !@""=* @)J #=+ +$,U!*5=" =# 5"=##5!=U) ,="@*5=" upon donorIs death H,,2I M/DLCN 1. $oluntary heirs of the donor :friends, brothers etc.; 2. 'e'isees :recipients of gifts of real property in a will; !. legatees :recipients of gifts of personal property in a will; %. creditors of the deceased #rescripti'e #eriod to reduce or re'o9eF ) Years from the time of donorOs death 7 (reference on reduction is given to earlier donations/ therefore the subse.uent donations must first be reduced 8;;3< Re$oc"tio $s! Re'uctio Re$oc"tio Re'uctio PROPERTY +ffects the whole property regardless of whether the legitime has been impaired or not +s a rule only part of the property is affected, and applies only when legitime is impaired +s a rule, for the benefit of the donor +s a rule for the benefit of the heirs of the donors :because of their legitimes; +pplicable to cases of super'ening birthR non fulfilment of conditions4chargesR acts of ingratitude and inofficious donations +pplicable to cases of super'ening birth and inofficious donations and when legitimes are impaired or donor did not reser'ed for support of himself and relati'es PRESCRIPTION- a mode by which one ac6uires ownership and other real rights thru lapse of timeR also a means by which one loses ownership, rights and actions. :i's2 1. +c6uisiti'e #rescriptionUone ac6uires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. ReKuisitesF (CTPL) a. capacity to ac6uire by prescription b. a thing capable of ac6uisition by prescription c. possession of the thing under certain conditions d. lapse of time pro'ided by law a. OrdinaryUre6uires possession of things in good faith and with just title for the time fi$ed by law. 2e4uisites ;9997"99DE<= #ossession in /ood Faith :"easonable belief that the person who transferred the thing is the owner B could 'alidly transmit ownership. 5his must e$ist throughout the entire period re6uired for prescription; Kust title :through any of the modes recogniAed by lawR must be true and 'alidR must be pro'ed; Within the time fi$ed by lawF MO/A0LESF ") in /F2% yearsR b) w4o conditions2. years IMMO/A0LES2 ") 13 years (n concept of an owner #ublic, peaceful and uninterrupted possession :ust be 9nown to the owner of the thingR ac6uired and maintained w4o 'iolenceR no act of depri'ation by others; #ossession is "tu#"lly ite##upte' when through any cause it should cease for more than one year. 5he old possession is not re'i'ed if a new possession should be e$ercised by the same ad'erse claimant. :1122; Ci$il ite##uptio is produced by judicial summons to the possessor :112!; When Kudicial 0ummons shall be deemed not issuedF :112%; a. (f it should be 'oid for lac9 of legal solemnities b. (f the plaintiff should desist from the complaint or should allow the proceedings to lapse c. (f the possessor should be absol'ed from the complaint +ny e$press or tacit recognition by the possessor of the ownerOs right also interrupts possession.:112); +rea possessed pre'ails o'er the area in the title :11!); b. -$tra2ordinaryUac6uisition of ownership and other real rights without need of title or of good faith or any other condition 2e4uisites= 1. Kust title is pro'ed 2. Within the time fi$ed by law a. . years for mo'ables b. !3 years for immo'ables !. in concept of an owner %. public, peaceful and uninterrupted 2. -$tincti'e #rescriptionUrights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. PROPERTY DISTINCTION 0ET5EEN AC+,ISITI/E AND EHTINCTI/E PRESCRIPTION AC+,ISITI/E EHTINCTI/E "elationship between the occupant and the land in terms of possession is capable of producing legal conse6uencesR it is the possessor who is the actor One does not loo9 to the act of the possessor but to the neglect of the owner "e6uires possession by a claimant who is not the owner "e6uires inaction of the owner or neglect of one with a right to bring his action +pplicable to ownership and other real rights in the occupant +pplies to all 9inds of rights, whether real or personal "esults in the ac6uisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another "esults in the loss of a real or personal right or bars the cause of action to enforce the said right Can be pro'en under the general issue w4o its being affirmati'ely pleaded 0hould be affirmati'ely pleaded and pro'ed to bar the action or claim of the ad'erse party Sests ownership or other real rights in the occupant #roduces the e$tinction of rights or bars a right of action L"c&esLfailure or neglect for an unreasonable and une$plained length of time, to do that which, by e$ercising due diligence, one could or should ha'e done earlier. (t is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. PRESCRIPTION $s! LAC.ES PRESCRIPTION LAC.ES Concerned with the fact of delay Concerned with the effect of delay + 6uestion or matter of time #rincipally a 6uestion of ine6uity of permitting a claim to be enforced, this ine6uity being founded on some subse6uent change in the condition or the relation of the parties 0tatutory Not statutory +pplies at law +pplies in e6uity Cannot be a'ailed of unless it is especially pleaded as an affirmati'e allegation 8eing a defense in e6uity, it need not be specifically pleaded 8ased on a fi$ed time Not based on a fi$ed time 5&o ("y "cKui#e by p#esc#iptio (<<8E) 1. #ersons who are capable of ac6uiring property by other legal modes 2. inors and other incapacitated personally or through their parents, guardians or legal representati'es A*"ist %&o( P#esc#iptio #us (<<8F) (MAP-1C) 1. Minors and other incapacitated persons who ha'e parents, guardians or other legal representati'es 2. Absentees who ha'e administrators, either appointed by them before their disappearance or by the courts !. Persons li'ing abroad who ha'e managers or administrators %. 1uridical persons e$cept the 0tate and its subdi'isions ). 8etween co2heir or co2ownerU#rescription obtained by one co2heir4co2owner benefits others:1111; A*"ist %&o( P#esc#iptio 'oes ot #u (<<89) 1. 8etween husband and wife e'enthough there be a separation of property agreed upon in the marriage settlements or by judicial decree. 2. 8etween parents and children during the minority or insanity of the latter !. 8etween guardian and ward during the continuance of the guardianship Reuci"tio of P#esc#iptio Al#e"'y Obt"ie'! ReKuisites (<<<=) 1. 5he person renouncing must ha'e capacity to alienate property. 2. 5he renunciation must refer to prescription already obtained PROPERTY !. (t must be made by the owner of the right, unless an administrator, e$ecutor or other legal representati'e has been gi'en a special power of attorney %. (t must not prejudice the rights of creditors 5he right to ac6uire by prescription in the future cannot be renounced :1112; 5here is tacit renunciation when the renunciation results from acts which imply abandonment of the right ac6uired :1112; Notwithstanding the e$press or tacit renunciation by a person of a prescription already obtained, his creditors and all persons interested in ma9ing prescription effecti'e may still plead prescription for themsel'es to the e$tent of their credit :111%; T&i*s subJect to P#esc#iptio (<<<7)2 +ll things w4in the commerce of men, pri'ate property B patrimonial property of the state T&i*s ot subJect to P#esc#iptio2 1. Of #ublic domain 2. intransmissible rights !. mo'ables possessed through a crime :11!!; %. registered land under #& 1)21 R,LES IN COMP,TATION OF PERIOD (<<7F) 1. #resent possessor may tac9 his possession to that of his grantor or predecessor in interest 2. #resent possessor presumed to be in continuous possession e'en with inter'ening time unless contrary is pro'ed !. First day e$cluded, last day included PRESCRIPTI/E PERIOD OF ACTIONS P#esc#ipti$e Pe#io' Actios 5mprescriptible 5o declare an ine$istent or 'oid contract PROPERTY 5o 6uiet title 5o demand a right of way 5o bring an action for abatement of public nuisance 5o demand partition in co2ownership 5o enforce a trust #robate of a will 5o reco'er possession of a registered land under #& 1)21 by the registered owner 3H Kears real actions o'er immo'ables :but not foreclosure; w4o prejudice to the ac6uisition of ownership or real rights by ac6uisiti'e prescription 1H Kears +ctions upon a written contract +ctions upon an obligation created by law +ctions upon a judgment from the time judgment becomes final +ctions among co2heirs to enforce warranty against e'iction in partition ortgage action : Kears +ction to reco'er mo'ables w4o prejudice to ac6uisition of title for a shorter period or to the possessors title under +rts. ))1, 1)3), 11!! E Kears +ctions upon an oral contract +ctions upon a 6uasi2contract 9 Kears +ction for annulment of marriages :e$cept on the ground of insanity; and for legal separation counted from the occurrence of the cause +ctions against the co2heirs for warranty of sol'ency of the debtor in credits assigned in partition +ction for declaration of the incapacity of an heir :de'isee or legatee; to succeed +ll other actions whose periods are not fi$ed by law, counted from the time action accrues 6 Kears +ction to re'o9e donations due to non2 compliance of conditions +ction to rescind partition of deceasedOs estate on account of lesion +ction to claim rescission of contracts +nnulment of contracts for 'ice of consent +ctions upon a 6uasi2delict +ction to re'o9e or reduce donations based on birth, appearance or adoption of a child +ctions upon an injury to the rights of the plaintiff :not arising from contract; 3 Kears +ctions under the eight hour labor law +ctions to reco'er losses in gambling oney claims as a conse6uence of employer2 employee relationship +ction to impugn legitimacy of a child if the husband or his heirs reside abroad 2 Kears +ction to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth 1 Kear +ction to impugn legitimacy of a child if the husband or his heirs are residing in the city of municipality of birth Forcible entry and unlawful detainer &efamation "e'ocation of donation on the ground of ingratitude "escission or for damages if immo'able is sold with an apparent burden or ser'itude +ction for warranty of sol'ency in assignment of credits PROPERTY E Months +ctions for warranty against hidden defects or encumbrances o'er the thing sold 6H ,ays "edhibitory action based on faults or defects of animals