TITLE II: OWNERSHIP

Art. 427
Ownership may be exercised over things or rights.
OWNERSHIP
-

Independent and general right of a person to control a

thing particularly in his possession, enjoyment,
disposition, and recovery, subject to no restrictions
EXCEPT those imposed by state or private person.

Jus Dispodendi right to dispose

Jus Vindicandi right to recover
EXAMPLE:
I am the owner of a house, I can live in it, use it,
receiver rentals from a tenant; destroy it; sell,
mortgage, donate or alter it; recover it from anyone
who deprives me of my possession.
JUS POSSIDENDI
-

Payment of purchase price is NOT essential to

effectuate the transfer of ownership.

Forest land and forest reserves are NOT capable of

private appropriation, and possession thereof
CANNOT ripen into private ownership, unless such
lands are considered disposable and alienable.

JUS UTENDI
-

KINDS OF OWNERSHIP

Full ownership includes all the rights of an owner

Naked ownership- right to the USE and FRUITS has
been DENIED.
Sole ownership- when ownership is vested in 2 or
more owners.

Concept of co-ownership is unity of

the property and plurality of the
subject.

Each co-owner, together with the

other co-owner, is the owner of the
whole, and at the same time, the
owner of undivided aliduot part
thereof.

Duly registered in the registry of property is prima

facie evidence that the registered possessor is also
the owner of the land.

Jus Possidendi right to possess

Jus Utendi right to use
Jus Fruendi- right to the fruits
Jus Abutendi - right to consume

Right to dispose includes the right to donate, to sell,

to pledge or mortgage. However, the seller need
NOT be the owner at the time of the perfection of the
contract of sale. It is sufficient that he be the owner at
the time of the delivery.

JUS VINDICANDI
-

RIGHTS OF AN OWNER UNDER ROMAN LAW (PUFADVi)

Did NOT really mean the right to abuse, but the right
to consume.

JUS DISPOSIDENDI

RIGHTS OF AN OWNER UNDER CIVIL CODE (RED)

Right to ENJOY to possess, use, to the fruits
Right to DISPOSE to consume or destroy or abuse;
to encumber or alienate
Right to RECOVER

Right to the fruits includes the right to 3 kinds of fruitsnatural, industrial and civil fruits.
Right to natural fruits EXTEND to young animals.
Only owners, and not mortgagees, can claim
damages for injury of the fruits of a piece of land and
for injury caused by deprivation of possession.

JUS ABUTENDI

ART 428
The owner has the right to enjoy and dispose of a thing,
without other limitations than those established by law.

Right to use includes the right to exclude any person

from the enjoyment and disposal thereof.
The owner-possessor may use such force as may ne
reasonable necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of
property. However, the owner of the thing CANNOT
make use of such force in such a manner as to injure
the rights of 3rd person.

JUS FRUENDI

POSSESSORY INFORMATION (informacion possessoria)

Right to possess means right to hold a thing or enjoy

a right. It means that the thing or right is subject to the
control of my will.

Right to recover is given expressly in Art. 428 which

provides that the owner also has a right of action
against the holder and possessor of a thing, in order
to recover it.
Jus vindicandi is TRANSMISSIBLE to the heirs and
assignees of the person entitled to it.
If somebody actually possesses the piece of property,
and claims to be the owner thereof, the law raises a
disputable presumption of ownership.

ACTION TO RECOVER
Recovery of a PERSONAL property

o Proper action: REPLEVIN

Recovery of a REAL property
o 3 actions
1.ACCION INTERDICTAL (unlawful detainer/
Forcible entry)
2. ACCION PUBLICIANA (plenary action to
recover better rights of possession)
3. ACCION REIVINDICATORIA
o Other modes
Writ of preliminary mandatory injunction
Writ of possession

Because the owner has surrendered the material

possession to the tenant by virtue of lease contract.

A mayor CANNOT legalize forcible entry into a public

property by giving permit or executing leases.

Justice of peace courts and municipal judge have

JURISDICTION over cases of Forcible entry and
Unlawful Detainer, but have NO JURISDICTION to
pronounce judgment regarding OWNERSHIP.

The judgment in an action for forcible entry and

unlawful detainer shall be conclusive with respect to
POSSESSION ONLY and shall in no wise bind the
title and affect the ownership of the land.

In cases of ejectment or unlawful detainer, the main

issue is the POSSESSION. DAMAGES: Incidental

NOTA BENE

In case of disputes involving real property, the

proper barangay court is where the property is
situated, even if the parties reside somewhere else in
the same municipality or city.

UNLAWFUL DETAINER
REPLEVIN

Is an ACTION or PERSONAL REMEDY where the

complainant prays for recovery of the possession of
personal property.
When a person applies for replevin, he must show in
his affidavit that:
o Applicant is the owner
o Property is unlawfully detained by adverse
party
o It has not been detained for a tax
assessment or seized under a writ of
execution or preliminary attachment or
otherwise placed under custodial egis.
o The actual market value of the property.
The chatter mortagee has the right to obtain
immediate possession of the mortgaged chattel upon
breach of contract of the chattel mortgagor.
Remedy of a STRANGER to an action for replevin is
a 3rd PARTY CLAIM
A writ of replevin CANNOT be directed against
LAWFUL POSSESSOR.
Replevin will NOT lie (available/permitted) for a
property in custodial legis.
A writ of replevin may be served anywhere in the
Philippines.

FORCIBLE ENTRY

Is a summary action to recover a material or

physical possession of real property when a person
originally in possession was deprived by FISTS
(Force, intimidation, Strategy, Threat, Stealth)
Action must be brought within 1 year from the
dispossession.
o In case of STRATEGY/STEALTH, 1 year
shall begin upon discovery
If an owner deprives a person lawfully entitled to
possession thru FISTS, the said TENANT may bring
action of forcible entry even against the OWNER.

An 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 right to hold possession,
by virtue of any contract.
Complain must show: withholding/ refusal to vacate is
UNLAWFUL.
A person/ squatter who occupies a land of another at
the latters tolerance WITHOUT ANY CONTRACT, is
bound by implied promise to vacate upon DEMAND,
failing to do so, an action for ejectment or unlawful
detainer is the proper remedy.
Sole issue in UD: Physical/ material possession
Where issues of title or ownership are raised in the
proceedings of unlawful detainer, the said proceeding
must be DISMISSED.
1 yr reglementary period for filing of unlawful detainer
is counted from the time of the unlawful deprivation
or withholding of possessionEXPIRATION or
TERMINATION of the right.
If ejectment is due to
non-payment or nonfulfillment of lease= DEMAND
Demand must be ABSOLUTE.
Action applies to all kinds of lands (agricultural,
mineral or residential lands)
FORCIBLE ENTRY
UNLAWFUL DETAINER
-Possession: unlawful from -Possession:
lawful,
beginning
afterwards unlawful
-Used FISTS
-not necessary

Ownership not involved : only possession

Proceeding in personam : binding only to parties

Involves real properties

After lapse of 1 year period, tehe remedy of the prty

dispossessed is ACCION PUBLICIANA

Plaintiff in UD/FE is entitled to damages, not for thos

caused to property (like destruction) but for those
caused by his being deprived of the use and
possession of the premise, such as the use and
collection of fruits.
Demand to vacate is essential only if the tenant
detains the possession but not essential if the
detention is made by the buyer, seller, or some other
person.
A mortgagee does not have any right to intervene in
an ejectment case involving only of possession, which
is completely foreign to his claim that the subject
matter of the litigation has been mortgaged to him to
secure payment of loan.

o
o

Intended for the recovery of the better rights to

possess , and is a plenary action.
Must be brought within 10 years, otherwise real
right or possession is lost.
Issue is : POSSESSION DE JURE

2 kinds of Accion Publiciana

1. Entry was not obtained through FISTS

-failure to state that the deprivation was caused by

FISTS would make an action NOT forcible entry, but
ACCION PUBLICIANA.

2. Where the 1 yr period for FE and UD has expired.

o

Accion publiciana is also used to rrefer to an

EJECTMENT CASE filed AFTER expiration of 1
yr from the accrual of the cause of action or from
the unlawful withholding of possession of the
realty.
ACCION PAULIANA- action to rescind contracts
in fraud of creditors

ACCION REIVINDICATORIA

Ownership

Publiciana

Rights
possession
Involves Real P. action in personam

Order directing the sherrif to place a successful

registrant under torrens system in possession of the
property covered by the decree in court.
Mayy be issued ONLY against the person defeated in
the registration case, and against anyone
UNNLAWFULLY and ADVERSELY occupying the
land or any portion thereof, during the proceeding, up
to the issuance of final decree.
A writ of possession implies delivery of POSSESSION
of the land to the successful litigant, a writ of
demolition must likewise be issued.complement of
writ of possession.
Right to demand writ of possession NEVER
PRESCRIBE.
Writ of possession is only issued ONCE.

RIGHT OF OWNERSHIP NOT ABSOLUTE

LIMITATIONS:
1. Welfare of the people is the supreme law of the
land
2. Not to impair rights of others.

LIMITATIONS ON OWNERSHIP (SOP)

An action to recover ownership over real property

It must be brought within 10 or 30 years (depending
on whether the other party seek to obtain ownership
by ordinary or extraordinary prescription)
Ordinary prescription- requires good faith, runs for
10 yrs
Extraordinary Prescription- not require good faith or
just title, runs for 30 yrs

Reivindicatoria

If the property has ALREADY passed title to innocent

purchaser for value, the action is for DAMAGES
It is permissible to file BOTH action for ownership and
for detainer over the same land and between the
same parties, because the issue involved is different..
Accion reivindicatoria is an action in personam.
o Judgment is enforceable only to the parties
& successors in interest.
Adjudication of ownership DOES NOT include
possession.
NO accion reivindicatoria if deprived by virtue of
LAW
Torrens title- conclusive evidence of ownership
o Strong presumption that they were valid and
regularly issued.

WRIT OF POSSESSION

ACCION PUBLICIANA
o

Interdictal
of

Material possession

If the property has NOT yet passed to an innocent

purchaser for value, an action for reconveyance is still
available.

Given by STATE or LAW

Given by the Owner himself
Given by the PERSON who gave the thing to the
present owner
Example:

Police Power, Eminent Domain, Taxation (state/law)

Legal easement of right of way (law)
Owner leased his property to another :cannot occupy
the premise (owner)
Prohibition of donor (person)

LIMITATION ON POLICE POWER

Police power is the right of the state to regulate and

restrict personal and property rights for the common
welfare.
PP- limitation on the right of ownership
In order to exercise police power:
o Interest of the public in general is
distinguished from a particular class
o Should be reasonably necessary for the
accomplishment of the purpose and not
unduly oppressive.

EXERCISE OF POLICE POWER

To abate nuisance
To remove billboards which are offensive in sight.

NO FINANCIAL COMPENSATION TO POLICE POWER

What he gets in return, are the benefits from healthy

economic standard of society

Every owner may enclose or fence his land or tenement by

means of walls, ditches, live or dead hedges, or by any other
means without detriment or servitudes constituted thereon.
FENCING OF LAND AND TENEMENT
-

ART 431
The owner of a thing cannot make use thereof in such manner
as to injure the rights of a third person.

NO INJURY TO RIGHT OF 3rd PERSON

-

POWER OF TAXATION AND HOW IT LIMITS OWNERSHIP

Taxation is the inherent power of the state to raise

income or revenue to defray necessary government
expenses.
Taxation is a limitation to the right of ownership.
While tax declaration and receipts are not
conclusive evidence of ownership, yet, when
coupled with proof of actual possession, are strong
evidence of ownership.

ART 429
The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may reasonably
necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.

A person may fence off his house and lot unless he

denies others a right of way to which the latter may be
entitled.

This article is a basis for POLICE POWER, and

constitute a just restriction on the right of ownership.
Nuisance may be abated judicially or extra-judicially,
and one responsible for the existence or continuation
of nuisance can be liable to those who suffered injury.

ART 432
The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert
an imminent danger and the threatened damage, compared to
the damage arising to the owner from the interference, is much
greater. The owner may demand from the person benefited
indemnity for the damage to him.

STATE OF NECESSITY
-

Is considered a justifying circumstance.

Any person who, in order to avoid evil oor injury
does an act which cause damage to another DOES
NOT incur criminal liablity provided that the following
requisite are present:
1. Evil sought to be avoided actually exist

DOCTRINE OF SELF-HELP
o
o

Right to counter force with force.

The person, against whom I have the right to use
force should really be an aggressor.

SELF- DEFENSE UNDER THE LAW

o

Art 429 states that force may be used even

without threatened bodily dangerprovided, that
defense and NOT VENGEANCE is involved.

ART 430

2.Injury feared be greater than that done

3. There be no other practical and less harmful means
to prevent it.
Example:]
To prevent fire from spreading, the firemen may
destroy the property in order to stop the fire. The owner of the
building saved will have to compensate the owner of the
property which was destroyed in order to save his property.

ART 433

Actual possession under claim of ownership raises disputable

presumption of ownership. The true owner must resort to
judicial process for the recovery of the property.

DISPUTABLE PRESUMPTION OF OWNERSHIP

Requirements:
o Actual Possession
o Claim of Ownership
A tenant, who admits his tenancy, CANNOT be
presumed the owner
Art. 433 applies to both movable and immovable
property.

RECOURSE TO JUDICIAL PROCESS

True owner has to resort to judicial process to

recover his property, only if the POSSESSOR DOES
NOT WANT to surrender the property to him, after
demand.

ART 434
In an action to recover, the property must be identified, and the
plaintiff must rely on the strength of his title and not on the
weakness of the defendant's claim.

ART 435
No person shall be deprived of his property except by
competent authority and for public use and always upon
payment of just compensation.
Should this requirement be not first complied with, the courts
shall protect and, in a proper case, restore the owner in his
possession.

EMINENT DOMAIN DEFINITION AND PURPOSE

Superior right of the state to own certain properties
under certain conditions, is a limitation on the right of
ownership, and may be even exercised over private
properties, and even over lands registered under
torrens title.
It is the right of the state to acquire private property
for public use upon payment of just compensation
Right of eminent domain must NOT be exercised
capriciously or arbitrarily.
EMINENT DOMAIN: right
EXPROPRIATION: procedure by which the right is
exercised.
ESSENTIAL REQUISITES OF EMINENT DOMAIN

REQUISITE IN ACTION TO RECOVER

Requisite:
o Property must be identified
o Reliance on title of the plaintiff
Burden of proof lies on the party who substantially
asserts affirmativeness of the issue.
FIRST: IDENTIFY THE PROPERTY

Boundaries of the land sought must be proved.

In case of DOUBT as to the lands identity, the lower
court should require each party to present plans
prepared by some competent persons.
Description should be so definite that an officer of
the court might go to the locality where the lalnd is
situated and definitely locate it.

Taking by competent authority

Due process of law
Public use
Just compensation
COMPETENT AUTHORITY
Authority as a RIGHT- state
Authority by virtue of a GRANT- persons corporation
offering public service
DUE PROCESS OF LAW

SECOND: STRENGTH OF PLAINTIFFS TITLE

If claims of BOTH plaintiff and defendant are WEAK;
judgment must be for DEFENDANT, being in
possession, is presumed to be the owner, and cannot
be obliged to prove better title.
Evidences that plaintiff may present:
o Torrens Certificate
o Loang and Actual possession
o Testimony of adverse and exclusive
possession of ownership w/ tax declaration
These evidence does not mean that they are
conclusive proof of evidence.

There is due process of law when there has been a

substantial compliance with the procedure laid
down under Rule 69
o There must be proper expropriation
proceeding
Proceeding must include:
1. Notice to the owner
2. Full Opportunity to present his side
3. Procedural requisites prescribed under the Law

Whenever an entity is granted the right to expropriate,

the agent must be strictly construed, and when the
right is sought to expropriate private property that is
NOT really needed, the right should be DENIED.

PUBLIC USE

The question as whether or not any specific or

particular use is a public one is ultimately a judicial
question.
If Congress has specifically allowed expropriation of
realty for designated or specified public purpose, the
court of justice are NOT allowed to inquire into the
necessity of such purpose.
Thus, if an owner successfully proves that an actual
taking of his property serves NO PUBLIC USE, or is
ALREADY DEVOTED to or intended to ANOTHER
public use, courts are allowed to DENY the
EXPROPRAIATION.

PAYMENT OF JUST COMPENSATION

Means FAIR AND FULL EQUIVALENTT VALUE of

the loss sustained.
Market value+ consequential damage- consequential
benefit = just compensation
BENEFIT SHOULD NOT EXCEED DAMAGE
Just compensation should be ascertained at the time
of the taking, which usually coincides with
commencement of the expropriation proceedings.
While the owners valuation not be binding to the
government or courts, it should atleast SET A
CEILING PRICE for the compensation to be awarded.
Price of the condemned property should NOT be
higher than what the owner demands.
True Market Value declared by the provincial
assessor or that declared by the taxpayer, whichever
is LOWER.
The value should be determined by its character at
the time of the taking NOT as a potential building site.

Extraordinary Inflation or deflation applies only to

payment by virtue of contract NOT payment on
account of expropriation proceeding.

Incidental consequential damage

o Injuries to adjoining portion of the land
o Demolition of building or houses on the land
o Depreciation caused to the remaining
property
Owner of the land expropriated is entitled to recover
LEGAL INTEREST on the amount awarded from the
time the state takes possession of the land.
Expropriation proceeding is INVOLUNTARY in
nature.

Art XIII, Sec 2 of PHIL. CONST

EMINENT DOMAIN SUPERIOR TO THE CONSTITUTIONAL

CLAUSE PROHIBITING INFRINGEMENT OF CONTRACTS
Existence of contracts between parties cannot
prevent expropriation just because obligation of
contracts would be impaired. However, when govt
itself is the party to the contract of sale, it CANNOT
afterwards repudiate the contract, then institute an
expropriation proceeding.
2 stages of expropriation
1. Determination of authority
2. Determination by the court

ART 436
When any property is condemned or seized by competent
authority in the interest of health, safety or security, the owner
thereof shall not be entitled to compensation, unless he can
show that such condemnation or seizure is unjustified.

SEIZURE AS AN EXERCISE OF POLICE POWER

Police power needs NO giving of financial return

before it can be exercised. This is one instance when
property may be seized or condemned by government
WITHOUT any compensation.
Police power can refer NOT merely to condemnation
and seizure, but also total destruction, provided
that: (a) the public interest is served and (b) means
used are not UNDULY oppressive.

ABATEMENT OF NUISANCE

A state, in the exercise of police power, may abate

nuisance, whether public or private, whether per se
or per accidens
o Public nuisance- affect the community
o Private nuisance- not public
o Nuisance per se- nuisance under all
circumstance
o Nuisance per accidens- nuisance only
under certain circumstance

OBSERVANCE OF DUE PROCESS

EFFECTS OF EXPROPRIATION

Ownership is transferred only upon payment of just

compensation with interest.
If property expropriated is NO LONGER NEEDED for
public use, does ownership revert to the former
owner?
o It depends if FULL OWNERSHIP of
CONDITIONAL OWNERSHIP.
Extraordinary Expropriation

When government exercise police power, the person

concerned is NOT deprived of property WITHOUT
due process of law.

ART 437

The owner of a parcel of land is the owner of its surface and of

everything under it, and he can construct thereon any works or
make any plantations and excavations which he may deem
proper, without detriment to servitudes and subject to special
laws and ordinances. He cannot complain of the reasonable
requirements of aerial navigation.

SURFACE RIGHT OF LAND OWNER

This article deals with the extent of ownership which
person has over a land- refered to as Surface Right.
o Thus, if a person owns a piece of land, it is
understood that he also owns the surface, up
to the boundaries of the land, with the right
to make thereon construction, planting and
excavation subject to:
1. Servitude or easement
2. Special laws
3. Ordinances
4. Reasonable requirement of aerial
navigation
5. Principle of human relation

ANOTHERs

PROPERTY;

Finder is entitled to 50%, if the discovery is made on

anothers land.
By Chance
o By good luck, implying that one who
INTENTIONALLY looked for the treasure is
embraced in the provision.
o Reason: it is extremely difficult to find hidden
treasures
WITHOUT
looking
for
it
deliberately..
If THE FINDER IS PAID LABORER OF LANDOWNER
He will get NOTHING
Problem:
If hidden treasure is found by chance under the municipal
plaza, who owns the treasure?
-

HALF=finder; HALF= municipality.

If the hidden treasure is scientifically or artificially
VALUABLE, finders half has to be given to the state
or municipality, who will give him JUST PRICE.

TRESPASSER-not entitled to ANY SHARE

REGALIAN DOCTRINE

TREASURE FOUND ON
MEANING OF BY CHANCE

Reserve to the state all natural wealth that may be

found in the bowels of the earth even if the land
where the discovery is made be private.
Reservation to the state ALL MINERALS that may be
found on public and private lands.

ART 439
By treasure is understood, for legal purposes, any hidden and
unknown deposit of money, jewelry, or other precious objects,
the lawful ownership of which does not appear.

ART 438
Hidden treasure belongs to the owner of the land, building, or
other property on which it is found.
Nevertheless, when the discovery is made on the property of
another, or of the State or any of its subdivisions, and by
chance, one-half thereof shall be allowed to the finder. If the
finder is a trespasser, he shall not be entitled to any share of
the treasure.
If the things found be of interest to science of the arts, the
State may acquire them at their just price, which shall be
divided in conformity with the rule stated.

WHERE HIDDEN TREASURE MAY BE FOUND

REQUISITE:HMO
-

MEANING OF PRECIOUS OBJECT

-

same class as money or jewelry

PRECIOUS OBJECT DELIBERATELY HIDDEN

-

Land, building or other property

TREASURE FOUND ON ONEs OWN PROPERTY
He alone owns the treasure

Hidden and Unknown

Money, jewelry or precious object
Ownership does not appear

If deliberately hidden BY THE OWNER, precious

object CANNOT be considered as hidden treasure,
even if discovered by another as long as the TRUE
OWNER can prove his ownership.
If the true owner has FORGOTTEN where he kept the
same and has GIVEN UP hope of ever recovering it,
the object may now be appropriated by another since
it has already become ABANDONED PROPERTY.

DEATH OF LAWFUL OWNER

If ownership of the treasure is KNOWN, but the

owner is already DEAD, the same will not be
considered hidden treasure.