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a. If 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
b. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should
prove it, unless the crime or act has been committed against the donee himself, his wife or children under his authority
c. If he unduly refuses him support when the donee is legally or morally bound to give support to the donor Note: Once a
donation is perfected, it cannot be revoked without the consent of the donee except on grounds provided by law (Arts. 760,
764, 765, NCC).
What are the requisites for easement on right of way?
1. The easement must be established at the point least Prejudicial to the servient estate
2. Claimant must be an Owner of enclosed immovable or with real right
3. There must be no adequate Outlet to a public highway
4. The right of way must be absolutely Necessary not mere convenience
5. The isolation must not be Due to the claimants own act
6. There must be payment of proper Indemnity.
Can easement of right of way be acquired by prescription?
No, because it is discontinuous or intermittent (Ronquillo, et al. vs. Roco, GR No. L-10619, Feb. 28, 1958).
What if the property is not the shortest way and will not cause the least damage to the servient estate?
The way which will cause the least damage should be used even if it will not be the shortest. The easement of right of way
shall be established at the point least prejudicial to the servient estate and where the distance from the dominant estate to
a public highway is the shortest. In case of conflict, the criterion of least prejudice prevails over the criterion of shortest
distance.
What is easement of light (jus luminum)?
The right to admit light from neighboring estate by virtue of the opening of a window or the making of certain openings.
What is easement of view (jus prospectus)?
The right to make openings or windows to enjoy the view thru the estate of another and the power to prevent all
constructions or works which could obstruct such view or make the same difficult.
Note: It necessarily includes easement of light.
What is the prescriptive period for acquisition of easement of light and view?
10 years.
From when does the prescriptive period start to run?
The reckoning point depends on whether the easement is positive or negative which, in turn, is dependent on where the
opening is made if it is made:
1. On ones own wall and the wall does not extend over the property of another The easement is negative.
Commencement of Period of prescription-starts from the time formal prohibition is made.
Reason: The owner merely exercises his right of dominion and not of an easement. Negative easement is not
automatically vested as formal prohibition is a pre-requisite.
2. Thru a party wall or on ones own wall which extends over the neighboring estate The easement is positive.
Commencment of Period of prescription starts from the time the window is opened.
Reason: owner of the neighboring estate who has a right to close it up allows an encumbrance on his property.
What are the rights of the usufructuary as to the thing and its fruits?
1. To Receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds on the property
(Arts. 566, 438, NCC)
2. To enjoy any Increase which the thing in usufruct may acquire through accession (Art. 571, NCC)
3. To personally Enjoy the thing or lease it to another (Arts. 572-577, NCC) generally for the same or shorter period as the
usufruct
4. To make such Improvements or expenses on the property he may deem proper and to remove the improvements
provided no damage is caused to the property (Art. 579, NCC)
5. To Set-off the improvements he may have made on the property against any damage to the same (Art. 580, NCC)
6. To Retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital (Art. 612,
NCC)
7. To Collect reimbursements from the owner for indispensable extra ordinary repairs, taxes on the capital he advanced,
and damages caused to him
8. To Remove improvements made by him if the same will not injure the property
What are the rights of the usufructuary as to the usufruct itself?
a. To Alienate or mortgage the right of usufruct (Art. 572, NCC) XPN: parental usufruct (Arts. 225, 226 FC)
b. In a usufruct to Recover property/real right, to bring the action and to oblige the owner thereof to give him the proper
authority and the necessary proof to bring the action (Art. 578, NCC)
c. In a usufruct of part of a Common property, to exercise all the rights pertaining to the co-owner with respect to the
administration and collection of fruits or interests.
EXTINCTION/TERMINATION OF USUFRUCT
What are the expenses which the co-owners can be compelled to contribute?
Only necessary expenses. Useful expenses and those for pure luxury are not included.
What are those acts which require the majority consent of the co-owners?
a. Management
b. Enjoyment
c. Improvement or embellishment
What is the remedy in case the minority opposes the decision of the majority in co-ownership?
Minority may appeal to the court against the majoritys decision if the same is seriously prejudicial.
What is avulsion?
It is the deposit of known (identifiable) portion of land detached from the property of another which is attached to the
property of another as a result of the effect of the current of a river, creek or torrent.
Note: Art. 459 states that Whenever the current of a river, creek, or torrent segregates from an estate on its banks a
known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged
retains the ownership of it, provided he removes it within 2 years.