May a house built on rented land be the object of real property?
o Yes, real estate mortgage o Chattel mortgage; 2 conditions must be present: Parties to the contract agree No innocent third party will be prejudiced Building by itself may be mortgaged apart from the land on which it has been built Construction of all kindsattachment must be more or less permanent o Fenceproperty by incorporation; as long as there is intent to permanently annexed o Scaffoldingspersonal property; lack of adherence to the soil Trees and plants o real property by naturespontaneous products of the soil o property by incorporationplanted thru labor o personal propertyuprooted/detached from land except: timber from timberland; forms integral part trees blown by typhoon Growing crops on ones own land o Real property by incorporation o Chattel mortgage lawpersonal property o Sale of growing cropssale of personal property Par 3: injury or breakage or deterioration in case of separation, must be substantial Par 4: objects must be placed by the owner of the immovable and not necessarily the owner of the object ; note the word PERMANENTLY Par 5: real property by destination or purpose o essential requisites: Placing must be made by the owner of the tenement, his agent or legal representative Industry/works must be carried on the building or on the land Must tend directly to meet the needs of said industry or works Must be essential and principal elements in the industry and not merely incidental o Effect of separation Machine still in building; no longer in usereverts in the condition of a real property If still needed but separated temporarily continues to be immovable; real property by destination or purpose o When is machinery attached to land or a tenement considered immovable? Par 5, Art 415 Exception: when placed on the land/ tenement by a tenant Exception to the exception: when the tenant promised to leave the machinery on the tenement at the end of the lease, or when he acted only as agent of owner of the land MOVABLE PROPERTY 3 test to determine whether property is immovable or movable o TEST BY ASPORTATIONcapable of being carried from place to place o TEST BY DESCRIPTIONchange in location can be made without injuring the real property to which it may in the meantime be attached o TEST BY EXCLUSIONobject is not one of those enumerated or included in art 415 Test of exclusion is superior to test by description PROPERTY RELATION TO THE PERSON TO WHOM IT BELONGS Property classified according to ownership: o In a public capacity o in a private capacity public dominionownership by the State in that the State has control and administration; ownership by the public in general, in that not even the State or subdivisions thereof make them the object of commerce as long as they remain properties for public use 3 kinds of property of public dominion: o For public usemay be used by anybody o For public servicemay be used only by duly authorized persons o For the development of national wealthlike our natural resources Characteristics of properties of public dominion o Outside commerce of man, and cannot be leased, donated, sold or be object of any contract o Cannot be acquired through prescription o Cannot be registered under the land registration law and be subject of Torrens title; if erroneously added, the land involved remains property of public dominion o Cannot be levied upon by execution nor can they be attached o In general, they can be used by every body o Either real or incorporeal; law makes no distinction public landsnational domain under the legislative power of the congress as has not been subjected to private right or devoted to public use o part of government lands which are thrown open to private appropriation and settlement by homestead and other like general laws o mining, forest, agricultural lands o agricultural lands may be sold to or acquired by private individual/entities, ownership over mining and forest lands cannot be transferred, but leases for them may be had o Classification or reclassification of public lands into alienable or disposable, mineral or forest lands is now a prerogative of the executive department of the government and not of the courts ( Comm. Act 141) patrimonial propertyproperty it (state) owns but which is not devoted to public use, public service, or the development of the national wealth; wealth owned by the State in its private capacity o other examples: friar lands, the san lazaro estate, properties obtained by the Government in escheat proceedings (as whn there is no other legal heir of a decedent) or those inherited by or donated to the Government, a municipal-owned waterworks system o may be acquired by private individuals/corporations thru prescription properties of political subdivisions o alienation property for public usecannot be alienated patrimonial propertymay be alienated and may be acquired thru prescription o the national government may donate its patrimonial property to a municipality and the latter may own the same OWNERSHIP IN GENERAL ownershipindependent and general right of a person to control a thing particularly in his possession, enjoyment, disposition and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of law kinds of ownership: o full ownership (dominium or jus in re propia)includes all the rights of an owner o naked ownership (nuda properietas)right to the use and fruits has been denied Naked ownership (NO) + Usufruct (U) = full ownership (FO) FO-NO=U FU-U=NO o Sole ownershipownership id vested only in one person o Co-ownershipownership is vested in 2 or more areas Rights of an Owner (Art 448) o Right to enjoy Right to possess, to use, to the fruits o Right to dispose Right to consume or destroy or abuse and encumber or alienate o Right to recover or vindicate Right of an Owner under Roman Law o Jus possidendiright to possess o Jus utendiright to use (art 429,431) o Jus fruendiright to fruits (all 3 kinds of fruits; young of animals Art 441) o Jus abutendiright to consume and also to transform or abuse o Jus disponendiright to dispose o Jus vindicandiright to recover (art 428, 539 [1], 433) Actions to recover o Personal propertyreplevin o Real property: Forcible entry or unlawful detainer Accion publiciana Accion reivindicatora Replevinan action or provisional remedy where the complainant prays for the recovery of possession of personal property o Machinery and equipment used for an industry and indispensable for carrying on of such industry cannot be subject of replevin they are real property Forcible entrysummary action to recover materials or physical possession of real property when a person originaly in possession was deprived thereof by force, intimidation, strategy, threat or stealth (FISTS) o Prescriptive period1 year from dispossession Strategy or stealth1 year from time of discovery o Issues involvedmere physical possession not juridical possession nor ownership If in the course of the hearing and in the presentation of evidence it is found that the question of possession cannot be resolved without first determining the title to the property, its jurisdiction is lost and the case should be dismissed Conclusive with respect to the possession only; no wise bind the title or affect ownership of the land or building Unlawful detaineran action that must be brought when possession by a landlord, vendor, vendee or other person of any land or building is being unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied o Prescriptive period1 year from time possession becomes unlawful If there is fixed period of the termination of the lease: from expiration of the lease Non-payment of the rent/non-fulfillment of the conditions of the lease: from the date of demand to vacate Demand to vacate must be absolute Several demands: from the LATEST demand; unless meantime accion publaciana ha been brought o Issuepossession de facto (material possession) not possession de jure nor ownership FORCIBLE ENTRY UNLAWFUL DETAINER Possession is unlawful from the very beginning Possession was lawful in the beginning but became unlawful afterwards Ownership is not involved; only the right to the material possession of the premises Proceedings in personam
Accion publicianaintended for the recovery of better right to possess and is a plenary action in an ordinary civil proceeding before RTC o Prescriptive period: 10 years, otherwise, real right is lost o Issue: possession de jure o Kinds: Where the entry was not obtained thru FISTS; failure to state that deprivation was caused by FISTS would make the action not one of forcible entry but accion publiciana 1 yr period for bringing forcible entry or unlawful detainer has already expired o Res judicata (see p.122) Accion reinvindicatoriaaction to recover ownership over real property o Action must be brought to RTC where the real estate is recorded o Prescriptive period: 10 yearsgood faith and just title; 30 yrs extraordinary prescription o Issue: ownership Writ of injunction o Presumption: defendant in actual possession disputably have the better right; hence, person deprived of his possession of property is ordinarily not allowed to avail himself of the remedy Rights of ownership not absolute o Limitations on ownership Those given by the state or law Those given by the owner (or grantee) himself Those given by the person (grantor) who gave the thing to its present owner Hidden treasure o Requisites: Hidden and unknown deposit Consist of money, jewelry or other precious objects Their lawful ownership does not appear o Rule if finder/owner is married The share of the hidden treasure which the law awards to the finder or the proprietor belongs to the conjugal partnership o Rights of usufructuaryshall be considered as stranger (does not get a share) If he found the treasuregets half as finder If another person found itperson gets half as finder, the naked owner gets the other half as owner o Trespassernot entitled to any share o Treasure huntsactual finders will not necessarily entitled to half; will be given what has been stipulated in the contract o Death of lawful ownerwill not be considered as hidden treasure and must therefore go to the owners rightful heirs RIGHT OF ACCESSION Accessionright of property owner to everything which is: o Produced thereby (accession discreta) o Incorporated or attached thereto, either naturally or artificially, which in turn divided into: Natural accessions Artificial accessions Improvements made on the property are included within the scope of accessions Classifications of accessions o Accession discrete ( to the fruits) Natural fruits Industrial fruits Civil fruits o Accession continua (attachment of corporation) With reference to real property Accession industrial o Building; Planting; Sowing Accession natural o Alluvium; Avulsion; Change of course of rivers; Formation of inlands With respect to personal property Adjunction or conjunction o Inclusion (engraftment); Soldadura (attachment) ; Tejido (weaving); Pintura (painting); Escritura (writing) Mixture (confusionliquids; commixtion liquids) Specification Is accession mode of acquiring ownership?NO o Presupposes a previously existing ownership by the owner over the principal o A right implicitly included in ownership without which it will have no basis or existence In general, the right to accession is automatic (ipso jure) requiring no prior act on the part of the owner of the principal RIGHTS OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY THE PROPERTY (accession discreta) Right to the ownership of fruits produced by our property Instances when owner of the land does NOT own the fruits: o Possessor in good faith of the land (he owns the fruits already received) o Usufructuary o Lessee gets the fruits of the land o Contract of antichresis Natural fruits; 2 kinds: o the spontaneous products of the soil ( human labor does NOT intervene) o the young and other products of animals industrial fruitsthose produced by lands of any kind thru cultivation/labor to whom does the offspring of animals belong when the male and the female belong to different owners? o Partidasthe owner of the female was considered also the owner of the young, unless there is a contrary custom or speculation o The legal presumption, in the absence of proof to the contrary, is that the calf, as well as its mother belong to the owner of the latter, by the right of accretion Civil fruitsconsist of the rent of buildings, price of leases (rentals) of lands and other property (even if personal), the amount of perpetual or life annuities or other similar income Civil fruits vs natural fruits o Civil fruits are deemed to accrue daily and therefore considered in the category of personal property o Natural and industrial fruits while still growing are real property o Civil fruits can be pro-rated; natural and industrial fruits cannot RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Art 445 deals with accession continua ( specifically accession industrial) o Sowingeach deposit of seed gives rise merely to a single crop or harvest o Plantingmore or less permanent trunks or trees are produced, which in turn produce fruits themselves; without replanting crops will continue to grow every season Art 445 can be applied only if the owner of the land is known. If unknownno decision on the ownership of the things planted, built or sown can be made Basic principles of accession continua ( accession industrial) o accessory follows the principalthe owner of the principal must belong also the accessions Exception: art 120 FC o The union or incorporation must (w/ certain exceptions) be effected in such a manner that to separate the principal from the accessory would result in substantial injury to either o Good faithmay be held responsible; not penalized o Bad faithmay be penalized o No one should enrich himself unjustly at the expense of another o Bad faith of one party neutralizes the bad faith of another=both considered in good faith Art 446; PRESUMPTIONS: o The works, sowing and planting are made by the owner o They were made at the owners expense
Rules when landowner constructs/plants on his land with the materials of another Rights and obligation Landowner in GOOD FAITH Landowner in BAD FAITH
LAND- OWNER Becomes the owner of the materials but must pay for their value Becomes the owner of the materials but must pay for their value plus damages Exception: they can be removed without destruction to the work made or to the plantsthe owner of the materials can then remove them Exception: owner of the materials decided to remove then w/n destruction would be caused
OWNER OF THE MATERIALS Entitled to reimbursement; provided that he does not remove them Entitled to ABSOLUTE right of removal and damages; w/n substantial injury is caused Entitled to removal; provided no substantial injury is caused Entitled to reimbursement and damages in case he chooses not to remove
Landowner wants to return the materials instead of reimbursement: o MAY RETURN= No damage to the materials and they have not been transformed o MAY NOT RETURN= damage has been made and there has been transformation Landowner in good faith; owner of materials in bad faith: o Law is silent; landowner will be exempted from reimbursement plus consequential damages; Owner of materials would lose all rights to them Good faith is always presumed ART 448 RULE WHEN ON A LAND OF A PERSON IN GOOD FAITH, ANOTHER BUILD, SOWS OR PLANTS IN GOOD FAITH o Applies only when the builder, planter or sower believes he has right to do so because he thinks he owns the land or believes himself to have claim in the title o The landowner has choice or option not the builder Landowner has 2 options: To appropriate for himself the house upon payment of the proper indemnity To compel the builder to buy the land upon which the house has been built, unless the value of the land be considerably more than the value of the house o Landowner has no right of removal or demolition, UNLESS after having selected a compulsory sale, the builder fails to pay for the land o Builder cannot compel the owner of the land to sell such land to him; right of builder is the right to reimbursement for the improvements o The option granted to the landowner is not absolute, as when it is impractical for the landowner to exercise the first alternative o If the builder is unwilling to buy, he must vacate the land and pay rentals until he does so o Current market value of the improvementsbasis of reimbursement Forms of accession natural o Alluvium (art 457), avulsion (art 459) , change of course of rivers (art 461-462), formation of islands (arts 464-465) Alluviumthe soil deposited or added to (accretion) the lands adjoining the banks of rivers and gradually received as an effect of the current of waters o If a river bed gradually changes, the rules on alluvium can also apply o AccretionProcess whereby the soil is deposited Essential requisites of alluvium o Deposit should be gradual and imperceptible o Cause is the current of the river o Current must be that of a river o River must continue to exist o The increase must be comparatively little Requisites; accretion benefits the riparian owner: o That the deposit be gradual and imperceptible o Resulted from the effects of the current of the water o Land where the accretion takes place is adjacent to the bank of the river Failure to register the acquired alluvial deposit by accretion for a period of 50 yrsacquisition thru prescription by 3 rd persons Avulsionthe process whereby the current of the river, creek or torrent segregates from an estate on its bank a known proportion of and and transfers it to another estate ALLUVIUM AVULSION Deposit of the soil is gradual Sudden or abrupt process may be seen Soil cannot be identified Identifiable or verifiable Belongs to the owner of the property to which it is attached Belongs to the owner from whose property it was detached
Art 461-riverbeds o In proportionapplies when there are two or more owners who have lost a portion of their lots; no application if only one owner has lost o Requisites: Change must be sudden in order that the old river bed may be identified The changing of the course must be more or less permanent and not temporary over flooding of anothers land The change of the river bed must be natural caused by natural forces There must be definite abandonment by the government The river must continue to exist; it must not completely dry up or disappear If dried uppublic dominion Adjunctionthe process by virtue of which two movable things belonging to different owners are united in such a way that they for a single object Different kinds: o Inclusion (sapphire set on a ring) o Soldering (joining of legs made of lead to a body also made of lead) o Note: Ferruminatioobjects are of the same metal Plumbaturaobjects are different metal Escritura ( or writing) Pintura (or painting) Weaving Test to determine which is the principal and accessory o The principal is (in order of preference): Which the other has been united as an ornament, for its use or perfection That of the greater value That of the greater volume Which has greater merits ADJUNCTION MIXTURE SPECIFICATION Involves atleast 2 things Involves atleast 2 things May involve only one thing ( may be more) but form is changed Accessory follows principal Co-ownership results Accessory follows principal The things joined retain their nature The things mixed or confused either retain or lose their respective natures The new object retains or preserves the nature of the original object