PROPERTY MT MEMORY AID

CHAPTER 2: MOVABLE PROPERTY

PRELIMINARY PROVISIONS
Requisites of Property (USA)
- Utility
- Substantivity
- Appropriability
Classification: movables and immovables
(PCP-DCP)
- International Law
- Criminal Law
- Procedural Law
- Donations
- Contracts
- Prescription
Immovable Property: (AIF-OMA-FMD-C)
- Adhered to soil
- Integral part of immovable
- Fixed manner
- Ornament
- Machinery,
receptacles,
instruments, implements
- Animal houses, pigeon-houses,
breeding places
- Fertilizers actually used
- Mines, quarries, slag dumps
- Docks and structures
- Contracts for public works

Movable Property: (ALS-TMS)

- Susceptible of appropriation
- Provision of Law
- Brought under control by science
- Can be transported from place to
place
- Have for their object movables
- Shares of stock
Three kinds of public dominion property
(PPD)
- Public use
- Public service
- Development of national wealth
Properties intended for public use
(PAS-DCF-S)
- Public streams, river beds
- Accretions
- Submerged lands
- Lands that disappeared to sea
- Canals
- Foreshore lands
- Stairways for public use
What constitutes a positive act declaring
land as alienable? (PAIL)
- Presidential proclamations
- Administrative action
- Investigative reports
- Legislative act/statute

Dagdag, MJ. Ateneo Law School, 2-A 2017.

Property: Atty. Abano

TITLE 2: OWNERSHIP
CHAPTER 1: OWNERSHIP IN GENERAL
The seven jus-es: (PUF-A-CAR)
- Possess
- Use
- Fruits
- Accessories
- Consume
- Alienate
- Recover
Actions to recover property (Jack the
RIPR)
- Reivindicatoria (ownership)
- Interdictal (possession-real de
facto)
- Publiciana (better possession-real
de jure)
- Replevin (ownership-personal)
Forcible Entry (DF-1M)
- Deprived of possession (who
instituted?)
- FISTS as cause for deprivation
- 1
year
after
actual
entry/knowledge
- MTC where property is located
Unlawful Detainer (RPB-X1)
- Right over property
- Prior lawful possession
- Became unlawful
- Extrajudicial demand
- 1 year from last demand to vacate

Accion Publiciana (10-PR)

- Prescriptive period: 10 years
- Prove not only right, but also
identity of property claimed
- RTC where property is located
Accion Reivindicatoria (R&R)
- Right of plaintiff over property
- RTC where property is located
Injunction (RA)
- Right to be protected
- Acts which injunction to be
directed is violative of said right
Limitations on the Right of Ownership
(TLD-GCA)
- Tax power of State
- Law
- Prohibitions by Donor
- Prohibitions by Grantor
- Conflicts of Private rights
- Prohibition on Aliens
Principle of Self-Help (LRT-A)
- Defending must be Lawful
possessor
- Reasonable force
- Time of actual or threatened
dispossession (no delay)
- Actual
threatened
invasion/usurpation
Interference in ownership of another;
when justified (NP)
- Necessary to avert
- Proportional: danger much greater
Dagdag, MJ. Ateneo Law School, 2-A 2017.
Property: Atty. Abano

Action to recover (PBR)

- Prove ownership and identity of
property
- Burden of proof: one who asserts
- Reliance on strength of evidence
Evidence to prove ownership (TPD-BOE-P)
- Torrens title
- Patent duly registered
- Deed of Sale
- Business for 9 years in defendants
name
- Occupation without rent
- Estoppel by letter
- Possession (open, continuous, ex,
adverse, notorious)
Eminent Domain (APJD)
- Authority of taking
- Public use
- Just compensation
- Due process
Police Power: when justified (HSS)
- Health
- Safety
- Security
Surface rights of landowner: subject to
(LOXAT)
- Laws
- Ordinances
- Existing easements
- Aerial navigation law
- Third persons rights

TITLE 3: CO-OWNERSHIP
Requisites for Co-ownership (PUI)
- Plurality of owners
- Undivided thing/right
- Ideal share
What laws will govern? (CLT)
- Contracts
- Legal provisions
- This Title (good as law but meh)
Sources of Co-ownership (CLS-TFO)
- Contract
- Law
- Succession
- Testamentary
disposition
(donation inter vivos)
- Fortuitous event
- Occupancy
Limitation on Right to Use (PIP)
- For purpose intended
- Not injure interest of coownership
- Not prohibit co-owners from using
it
Liability of Co-owner for alterations in
bad faith (LOL)
- Loses what he has spent
- Obliged
to
demolish
improvements
- Liable for losses and damages

Rights of each Co-owner (PFAS)

- Part (undivided interest), full
ownership
- Fruits and benefits, full ownership
- May alienate
- May substitute another person to
enjoyment, except when personal
rights involved
Termination of Co-ownership (CDP-PTS)
- Consolidation or merger
- Destruction of loss of property
- Prescription (acquisitive) of third
person/co-owner who repudiates
- Partition, judicial or extrajudicial
- Sale and distribution of proceeds
Exceptions to right to demand partition
(AD-LUX)
- Agreement
to
keep
thing
undivided (not exceeding 10 yrs)
- Donor/Testator prohibits
- Law prohibits
- Unserviceable if partitioned
- Exclusive ownership of another
co-owner
Requisites
for
Repudiation
for
Prescription to run (UKEP)
- Unequivocal acts of repudiation
- Knowledge of other co-owners
- Evidence is clear, complete and
conclusive
- Possession is open, continuous
exclusive, notorious
Dagdag, MJ. Ateneo Law School, 2-A 2017.
Property: Atty. Abano

Obligations of Co-owners after Partition

(ARIW)
- Accounting for benefits received
- Reimbursement for expenses
- Indemnity for damages (by reason
of negligence/fraud)
- Warranty
NEEEXT!
ACCESSION
Accession Discreta (produced)
1. Natural spontaneous products
of soil
2. Industrial through cultivation
and labor
3. Civil rents, life annuities,
gathering and preservation
Accession Continua (attached)
1. Accession industrial GR:
whatever is BPS on land of
another belongs to owner of the
land
2. Accession natural
a. Alluvium gradual (land
left dry belongs to State)
b. Avulsion by force
(owner may claim within 2
years pag land, 6 months
pag trees)
c. Natural change of river
course abandoned river

bed belongs to owner

whose land now covered
by new riverbed (may
reacquire by paying value)
d. Portion
of
land

isolated/separated
by
river
branching
out,
retains ownership
e. Formation of island
navigable river: State.
Non-navigable:
nearest
bank. Many banks? Share.
Lets play: Whose fault is it?
Players: Landowner v. BPS!
Round 1: Nobodys fault: GF-GF
Landowners Options (APR)
- Appropriate what was BPS-ed
after indemnifying necessary
expenses
- Oblige BPS to pay price and rent
- Remove what was BPS-ed if BPS
refuses to pay
BPS (ACR)
- If LO Appropriates, BPS retains
BPS until indemnified (must
account for fruits, though)
- Considerably higher value of land
than BPS, he cannot be obliged to
buy land
- Rent na lang, no choice.

Round 2: BPS fault: GF-BF

Landowners Options (ADC)
- Appropriate, obligation to pay
only necessary expenses
- Demand removal/demolition at
BPS expense
- Compel BPS to pay price
What happens to BPS? (LR)
- Loses what was BPS-ed with no
right to indemnity
- Reimbursed only for preservation
expenses
Round 3: Landowners fault: BF-GF
Landowner (VD)
- Value of work paid
- Damages paid
BPS (PI)
- Priority option to remove
- Indemnified for damages
Players: Principal and Accessory!
Round 1: Nobodys fault
What can Principal do? (ApD)
- Acquire accessory, but pay the
value
- Demand separation if no injury
will result
What can Accessory do? (DPd)
- Demand separation without injury
- Demand separation IF accessory
has greater value
Dagdag, MJ. Ateneo Law School, 2-A 2017.
Property: Atty. Abano

Round 2: Principals fault

What can Accessory do? (ODI)
- Oblige Principal to pay
- Demand separation even if injury
will result
- Indemnity
Round 3: Accessorys fault
What can Principal do? (ODI)
- Oblige Principal to pay
- Demand separation even if injury
will result
- Indemnity
What will happen to Accessory? (LD)
- Lose his accessory
- Damages (liable)
MIXTURES/CONFUSION
No consent from owner (KPD)
- Demand delivery equal in kind and
value
- Payment of price
- Damages
Owner in bad faith (AD)
- Appropriate new thing
- Demand payment

POSSESSION
Degrees of Possession (JJTW)
- Juridical title
- Just title
- Title in fee
- Without any title (tolerance)
Classes of Possession (NCFP)
- Name (own/another)
- Concept (holder/owner)
- Faith (good/bad)
- Possession (actual/constructive)
How is Possession acquired? (OSP)
- Occupation (material)
- Subjection to ones will
- Proper acts and formalities (i.e.
succession, donation, sale)
Benefits of Possessor in Good Faith
(FPR3D)
- Fruits received before legally
terminated
- Proportionate right to fruits
- Retention until reimbursed
- Removal of useful improvements
if no damage
- No
refund
for
pure
luxury/pleasure
- Not liable for deterioration/loss,
unless negligent/fraudulent

Rights of Possessor (RPR)

- Respected;
- Protected;
- Restored possession if unlawfully
deprived thereof
Rules on possession of hereditary
property (TDM)
- Transmission at death of decedent
- Defect not suffered by heir if
unaware (in re: fruits)
- Minors and incapacitated may
acquire possession with assistance
from legal representatives
Presumptions on Possession (LIX-PR)
- With Legal title
- Includes possession of movables
- Exclusive
possession
upon
partition
- Possession during intermediate
period
- Recovers a possession unjustly
lost, deemed to enjoy it without
interruption (for purposes of
acquisitive prescription)
Dispute of Possession: Preference (PLT-C)
- Present possessor
- Longer possessor
- Titled possessor
- Court decide, if all conditions are
equal

Dagdag, MJ. Ateneo Law School, 2-A 2017.

Property: Atty. Abano

Loss of Possession (AAD-CP)

- Abandonment of thing (voluntary)
- Assignment
- Destruction/loss of thing
- Commerce-no-more
(expropriated)
- Possession for more than a year
USUFRUCT
Kinds (LVM, think poop)
- Law
- Voluntary
- Mixed
RIGHTS OF USUFRUCTUARY
To property and fruits (RIP-AUS)
- Receive all fruits (start
usufructuary. End belongs to the
owner)
- Increase through accession and
servitudes to be enjoyed
- Personal enjoyment (or may lease
it to another)
- Action for recovery, and oblige
owner to provide him with
necessary proofs
- Useful improvements for pleasure
without right of compensation
- Set-off improvements against any
damage to the usufructuary
To the usufruct itself (AX)
- Alienate right subject to period
- Exercise rights of co-owner

To advances and damages (3R)

- Reimbursement for advances
(extraordinary repairs, expenses,
taxes on capital)
- Retention of property until
reimbursement
- Respected his right of usufruct,
and be indemnified for damages
OBLIGATIONS OF USUFRUCTUARY
Before usufruct begins (IS)
- Inventory of property
- Give security
During the usufruct (TAR-PTN-C)
- Take care (good father of family)
- Answer for damages
- Repairs (ordinary with notification
to owner)
- Permit works and improvements
by the owner
- Tax payments
- Notify owner of prejudicial acts by
third persons
- Court expenses
After the usufruct (RI)
- Return the property, unless right
of retention exists
- Interest payment

Extinguishment of usufruct
(DXM-RTT-A)+(AME) -yeah.
- Death of usufructuary, unless a
contrary intention appears
- Expiration of period/fulfilment of
resolutory condition
- Merger of usufruct and ownership
- Renunciation, but not by bad use
- Total loss
- Termination of the right of person
constituting the usufruct
- Acquisitive prescription
- Annulment or rescission of
contract creating usufruct
- Mutual consent
- Emancipation which terminates
parental usufruct

Dagdag, MJ. Ateneo Law School, 2-A 2017.

Property: Atty. Abano