Property

(Co-Ownership, Possession, Usufruct, Nuisance,

Modes of Acquiring Ownership, & Donations)

Co-Ownership
1. Requisites of co-ownership

a. Plurality of subjects
There must be at least two (2) persons.
The regime of co-ownership exists when ownership of an
undivided thing or right belongs to different persons.
Thus, co-ownership is a manifestation of the private right of
dominion, where in lieu of its being exercised by the owner in
an inclusive manner over things or rights.
b. Unity of object
The juridical concept of co-ownership.
The thing is not yet divided materially and the co-owners are
tied up to one another because of this unity.
c. Recognition of the ideal shares of the co-owners
Determines their respective rights and obligations
It is a basic principle in civil law that before a property owned
in common is actually partitioned, all that the co-owner has is
an ideal or abstract quota or proportionate share in the entire
property.
2. How to determine share of co-owners in the benefits and
charges arising from the co-ownership
According to Article 485 of the New Civil Code (NCC), the share of the
co-owners, in the benefits as well as in the charges, shall be
proportional to their respective interests. Any stipulation in a contract
to the contrary shall be void. Further, the portions belonging to the coowners in the co-ownership shall be presumed equal, unless the
contrary is proved.
3. Limitations upon right to use the thing owned in common
Based on Article 486 of the NCC, although each co-owner is the owner
of the whole thing prior to partition and may make use of the entire
thing, such use is, however, subject to the following limitations:
(1) Such use must be in accordance with the purpose for which
the thing is intended;
(2) Such use must be without prejudice to the rights of the other
co-owners; and
(3) Such use must not be in a manner as to prevent the other
co-owners from using the thing according to their own right.
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4. Rules when different stories of a house belong to different

owners and titles of ownership is silent or no agreement as to
terms on contribution to necessary expenses
Pursuant to Article 490 of the NCC, whenever the different stories of a
house belong to different owners, if the titles of ownership do not
specify the terms under which they should contribute to the necessary
expenses and there exists no agreement on the subject, the following
rules shall be observed:
(1) The main and party walls, the roof and the other things used
in common, shall be preserved at the expense of all the
owners in proportion to the value of the story belonging to
each;
(2) Each owner shall bear the cost of maintaining the floor of his
story; the floor of the entrance, front door, common yard and
sanitary works common to all, shall be maintained at the
expense of all the owners pro rata;
(3) The stairs from the entrance to the first story shall be
maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground floor; the stairs
from the first to the second story shall be preserved at the
expense of all, except the owner of the ground floor and the
owner of the first story; and so on successively.
5. Acts of preservation; administration; alteration
a. Acts of Preservation
According to Article 488 of the NCC, each co-owner shall have a
right to compel the other co-owners to contribute to the expenses of
preservation of the thing or right owned in common and to the
taxes. Any one of the latter may exempt himself from this obligation
by renouncing so much of his undivided interest as may be
equivalent to his share of the expenses and taxes. No such waiver
shall be made if it is prejudicial to the co-ownership.
Also, Article 489 provided that repairs for preservation may be
made at the will of one of the co-owners, but he must, if practicable,
first notify his co-owners of the necessity for such repairs. Expenses
to improve or embellish the thing shall be decided upon by a
majority
as
determined
in
Article
492.
b. Acts of Administration
They are those:
(1)that do not involve an alteration;
(2)those that may be renewed from time to time;
(3)those that have transitory effects, that is, do not bind the coownership for a long time in the future;
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(4)those that do not give rise to a real right over the thing owned in
common;
(5)those, which even if called an alteration, do not affect the
substance or nature of the thing
(6)those for the common benefi t of all the co-owners and not for
only one or some of them.
c. Acts of Alteration
The act by virtue of which a co-owner, in opposition to the express
agreement, if there is any, or, in default thereof, to the tacit
agreement of all the co-owners, and violating their will, changes the
thing from that state in which the others believe it should remain or
withdraws it from the use to which they wish it to be intended. An
act of alteration, therefore, is one that affects the substance of the
thing and changes its essence and nature
6. How is majority determined?
Per Article 492, there shall be no majority unless the resolution is
approved by the co-owners who represent the controlling interest in
the object of the co-ownership.
Should there be no majority, or should the resolution of the majority be
seriously prejudicial to those interested in the property owned in
common, the court, at the instance of an interested party, shall order
such measures as it may deem proper, including the appointment of an
administrator.
7. Termination/extinguishment of co-ownership
Co-ownership is terminated by means of the following:
(a) judicial partition
(b)extrajudicial partition
(c) when by prescription, one co-owner has acquired the whole
property by adverse possession as against all the others, and
repudiating unequivocally the co-ownership of the other
(d)when a stranger acquires by prescription the thing owned in
common
(e) merger in one co-owner
(f) loss or destruction
(g)expropriation (here the indemnity will be distributed accordingly)

Possession
1. Requisites of possession
(a)
The existence of the thing or right;
(b)There must be a holding or control (occupancy, or taking or
apprehension) of a thing or a right;
(c) There must be a conscious and deliberate intention to possess;
and
(d)The possession must be by virtue of ones own right either as an
owner or as a holder.
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2. Degrees of possession; classes of possession

a.

Degrees of possession
According to Sanchez Roman, the degrees of possession may be
classified as follows:
(1) Possession without any title or right whatsoever, as that of a
thief;
(2) Possession with a juridical title or right but not in the concept
of owner, as that of a lessee or depositary;
(3) Possession with a just title, or a title sufficient to transfer
ownership, but not from the true owner, as that of a buyer in
good faith; and
(4) Possession derived from the right of ownership or possession
with a just title from the true owner. This is the possession that
springs from ownership.

b. Classes of possession
(1)In ones own name or in that of another in accordance with
Article 524.
(2)In the concept of owner (en concepto de dueno) and in the
concept of holder in accordance with Article 525)
(3)In good faith (bona fi de) or in bad faith (mala fi de)
3. Possessor in good faith; bad faith. Requisites.
a. Possessor in good faith one who is unaware that there
exists a flaw which invalidates his acquisition
(1)Good faith consists in the possessors belief that the
person from whom he received a thing was the owner of
the same and could convey his title.
(2)It implies freedom from knowledge and circumstances
which ought to put a person on inquiry.
(3)The belief of a possessor that he is the owner of the thing
must be based upon the title or mode of acquisition, such
as a sale, a donation, inheritance or other means of
transmitting ownership; for without this, there can be no
real, well-grounded belief of ones ownership.
(4)Error in the application of the law, in the legal solutions
that arise from such application, in the appreciation of
legal consequence of certain acts, and in the interpretation
of doubtful provisions or doctrines, may properly serve as
basis for good faith.
(5)A misconception of the law, no matter how honest cannot
have the effect of making one a possessor in good faith
when he does not hold a title valid in form or a deed
sufficient in terms to transfer property.
b. Possessor in bad faith one who knows his title is defective

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(1)Only personal knowledge of the flaw in the title or mode of

acquisition can make him a possessor in bad faith for bad
faith is not transmissible from one person to another.
(2)Mistake upon a doubtful or difficult question of law as a
basis of good faith
(3)Mistake or ignorance of the law, by itself, cannot become
the basis of good faith. What makes the error or ignorance
a basis of good faith is the presence of an apparent
doubt or difficulty in the law. In other words, the law is
complex, ambiguous, or vague such that it is open to two
or more interpretations.
(4)When the ignorance of the law is gross and inexcusable, as
when a person of average intelligence would know the law,
such ignorance cannot be the basis of good faith.
Otherwise, the intendment of Article 3 which states that,
Ignorance of the law excuses no one from compliance
therewith, will be defeated.

4. How possession is acquired ; How is possession is lost

a. How is possession is acquired
Possession is acquired in any of the following ways:
(1) By material occupation of a thing or the exercise of a right;
(2) By subjecting the thing or right to the action of our will;
and
(3) By the proper acts and legal formalities established for the
acquisition of such right.
b. How is possession is lost
Possession is lost in any of the following ways:
(1) By the abandonment of the thing;
(2) By an assignment made to another either by onerous or
gratuitous title;
(3) By the destruction or total loss of the thing, or because it
goes out of commerce;
(4) By the possession of another, subject to the provisions of
Article 537, if the new possession has lasted longer than
one year. But the real right of possession is not lost till after
the lapse of ten years.
5. Rules on preference in case of conflict between possessors
Article 1544 of the NCC applies to preference of ownership in case
of double sale Article 1544) or a double donation (Article 744).
a. Movable Property Preference in ownership is given to the
person who first possessed it in good faith. (Art. 1544, par. 1).
b. Immovable Property Preference in ownership is given:
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(1) to the first who registered his right in good faith in the
Registry of Property.
(2) if there was no registration, to the person who first
possessed in good faith.
(3) if there was no possession, to the person who presents
the oldest title, provided that the title had been acquired in
good faith.
6. Remedies of possession in order to protect his possession
a.

Forcible entry and Unlawful detainer (Summary

proceedings)

(1) Action by a person deprived of the possession of any land

or building by force, intimidation, strategy, threat, or
stealth (FISTS) at any time within 1 year after such
unlawful deprivation (Rule 70)
(2) May ask for writ of preliminary mandatory injunction within
10 days from filing of complaint in forcible entry (NCC 539).
(3) The same writ is available in unlawful detainer actions
upon appeal. (Art. 1674)

b. Accion Publiciana
(1) Based on superior right of possession, no ownership
(2) Action for the recovery of possession of real property upon
mere allegation and proof of a better title
c. Accion Reivindicatoria
(1) Recovery of possession based on a claim of ownership
(2) An action setting up title and right to possession
(3) Not barred by a judgment in an action for forcible entry
and unlawful detainer
d. Action for Replevin
(1) Possession or ownership for movable property
7. Effects of possession in good faith/bad faith
Possessor in GF

Possessor in BF

Fruits Received
Entitled to the fruits while possession Must reimburse the legitimate
is in GF and before legal interruption
possessor (549)
(544)
Pending Fruits
Entitled to part of the expenses of
Must reimburse the legitimate
cultivation, and to a part of the net
possessor
harvest, in proportion to the time of
the possession.
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Indemnity may be, at the owners

option,
1. In money, OR
2. By allowing full cultivation and
gathering of the fruits (545)
Charges
Must share with the legitimate
Same as with GF (545)
possessor, in proportion to the time
of the possession (545)
Necessary Expenses
Right to reimbursement and
Reimbursement only (546)
retention in the meantime (546)
Useful Expenses
Right of retention until reimbursed;
No right to reimbursement and no
Owners option to reimburse him
right of removal (547)
either for expenses or for increase in
value which the thing may have
acquired (546)
Limited right of removal should not
damage principal and owner does not
exercise option of paying the
expenses or increase in value (547)
Ornamental Expenses
Limited right of removal (548)
Limited right of removal (549)
Deterioration or Loss
No liability unless due to fraud or
Liable in every case (552)
negligence after becoming in BF
(552)
Costs of Litigation
Bears cost (550)
Bears cost (550)
8. Necessary expenses; useful expenses; ornamental/purely
luxurious expenses
a. Necessary Expenses
(1)Imposed by the thing itself and have no relation to the
desire or purpose of the possessor
(2)They are the cost of living for the thing and must be
reimbursed to the one who paid them, irrespective of GF or
BF.
(3)Only the possessor in GF may retain the thing until he has
been reimbursed therefore
(4)Those imposed for the preservation of the thing. They are
not considered improvements; they do not increase the
value of the thing, but merely prevent them from becoming
useless.
b. Useful Expenses
(1)Incurred to give greater utility or productivity to the thing
e.g. Wall surrounding an estate, an irrigation system,
planting in an uncultivated land, a fishpond, an elevator in
the building, electric lighting system
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(2)They are reimbursed only to the possessor in GF as a

compensation or reward for him. Possessor in BF cannot
recover such expenses
(3)If the useful improvements can be removed without
damage to the principal thing, the possessor in good faith
may remove them, unless the person who recovers the
possession refunds the expenses or pays the increase in
value which the thing may have acquired by reason thereof
Useful Expenses
Those which increased the income
derived from the thing
Result: Increase in the products, either
absolutely, or because of greater
facilities for producing them
Includes expenses resulting in real
benefit or advantage to the thing
Result: Benefit or advantage is only for
the convenience of definite possessors

Expenses for Luxury

Those which merely
embellished the thing
Result: Benefit or advantage is
only for the convenience of
definite possessors

The utility is for the possessor

or particular persons alone and
is therefore accidental.

Usufruct
(1)

Requisites

a. Essential characteristics (those without which it cannot be

termed usufruct):
(1)It is a REAL right (whether registered in the Registry of
Property or not).
(2)It is of a temporary nature or duration (not perpetual,
otherwise it becomes emphyteusis).
(3)Its purpose is to enjoy the benefi ts and derive all
advantages from the object as a consequence of normal
use or exploitation.
b. Natural characteristic or element (that which ordinarily is
present, but a contrary stipulation can eliminate it because it is
not essential).
The obligation of conserving or preserving the form and
substance (value) of the thing.
(2)

How is usufruct constituted

According to Article 563, Usufruct is constituted:

a. By law
b. By the will of private persons expressed in acts inter vivos
or in a last will and testament; and
c. By Prescription
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(3)

Abnormal usufruct

When the usufruct includes things which cannot be used without

being consumed
(4)

Obligations of usufructuary

a.
At the Beginning of Usufruct or Before Exercising
the Usufruct
(1) To make, after notice to the owner or his legitimate
representative, an inventory of all the property, which
shall contain an appraisal of the movables and a
description of the condition of the immovables;
(2) To give security, binding himself to fulfill the obligations
imposed upon him in accordance with this Chapter.
b.

To Make An Inventory:
(1)Requisites
a. Immovables must be described
b. Movables must be appraised because they are
easily lost or deteriorated.
(2)Concurrence of the owner in the making of the
inventory
(3)Expenses for the making of the inventory are borne by
the usufructuary
(4)Inventory may be in a private document, except when
immovables are involved (a public instrument is
prescribed to affect 3rd persons)
(5)Failure to make an inventory does not affect the rights
of the usufructuary to enjoy the property and its fruits.
a. A prima facie presumption arises that the property
was received by the usufructuary in good
condition
b. Even if he is already in possession, he may still be
required to make an inventory.
(6)Exception to the requirement of inventory
a. When no one will be injured , the usufructuary
may be excused from this obligation

c.

To give a bond for the faithful performance of duties

as usufructuary:
(1)Any kind of sufficient security is allowed, e.g. cash,
personal bond, mortgage
(2)No bond is required in the following
a. No prejudice would result (Art. 585)
b. Usufruct is reserved by a donor (Art. 584)
c. Gratitude on the donees part demands that the
donor be excused from filing the bond
d. Title constituting usufruct excused usufructuary
(3)If usufructuary takes possession under a caucion
juratoria (Art. 587)
a. The security given may be by a personal bond, a
pledge, or a mortgage.
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b. It is only by way of exception that a caucion

juratoria is allowed, and only under the special
circumstances:
i. Proper court petition
ii. Necessity
for
delivery
of
furniture,
implements or house included in the
usufruct
iii. Approval of the court
iv. Sworn promise
c. A usufructuary under this can neither alienate his
right nor lease the property, for that would mean
that he does not need the dwelling or the
implements and furniture.
(4)Effect of filing a bond
a. Retroactivity: upon giving the security, the
usufructuary will be entitled to all the benefits
accruing since the time when he should have
begun to receive them.
(5) Effect of failure to give bond (NCC 586)
a. The owner may demand that the immovables be
placed under administration;
i. That the movables be sold;
ii. That the public bonds, instruments of credit
payable to order or to bearer be converted
into registered certificates or deposited in a
bank or public institution;
iii. That the capital or sums in cash and the
proceeds of the sale of the movable
property be invested in safe securities.
b. Owner may, until the usufructuary gives security,
retain in his possession the property in usufruct as
administrator, subject to the obligation to deliver
to the usufructuary the net proceeds, after
deducting the sums which may be agreed upon or
judicially allowed him for such administration.

(5)

Usufructuary is excused from putting up bond

No bond is required in the following:

a. No prejudice would result (Art. 585)
b. Usufruct is reserved by a donor (Art. 584)
c. Gratitude on the donees part demands that the donor be
excused from filing the bond
d. Title constituting usufruct excused usufructuary
(6)

Modes of extinguishing usufruct

(1) By the death of the usufructuary, unless a contrary intention

clearly appears;
(2) By the expiration of the period for which it was constituted,
or by the fulfillment of any resolutory condition provided in
the title creating the usufruct;
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(3) By merger of the usufruct and ownership in the same

person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person constituting the
usufruct;
(7) By prescription.
DEATH OF USUFRUCTUARY
Exceptions:
(1) In multiple usufructs: it ends at the death of the last survivor

(NCC 611)
a. If simultaneously constituted: all the usufructuaries must
be alive (or at least conceived) at the time of constitution.
b. If successively constituted:
i. If by virtue of donation all the doneesusufructuaries
must be living at the time of the donation;
ii. If by will there should only be 2 successive
usufructuaries and both must have been alive at the
time of testators death.
(2)If the period is fixed by reference to the life of another or there is
a resolutory condition
Death does not affect the usufruct and the right is transmitted to
the heirs of the usufructuary until the expiration of the term or
the fulfillment of the condition.
(3)When a contrary intention clearly appears
a. If the usufructuary dies before the happening of a
resolutory condition, the usufruct is extinguished.
b. 1st view: usufruct is personal and it CANNOT be extended
beyond the lifetime of the usufructuary. (Sanchez Roman
and SC)
EXPIRATION OF PERIOD OR FULFILLMENT OF RESOLUTORY
CONDITION IMPOSED ON USUFRUCT BY PERSON CONSTITUTING
THE USUFRUCT
(1)In favor of juridical persons [Art. 605, CC]
a. Usufruct cannot be constituted in favor of a town,
corporation, or association for more than fifty year
b. If before the expiration of such period the town is
abandoned, or the corporation or association is dissolved,
the usufruct shall be extinguished.
(2)Time that may elapse before a 3rd person attains a certain age
[Art. 606, CC]
a. Usufruct subsists for the number of years specified, even if
the 3rd person should die before the period expired
b. Unless the usufruct has been expressly granted only in
consideration of the existence of the person
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MERGER OF RIGHTS OF USUFRUCT AND NAKED OWNERSHIP IN

ONE PERSON
Illustration: R was the usufructuary of land owned by M. M dies, leaving
in his will, the naked ownership of the land to R. the usufruct is
extinguished because now R is both the naked owner and the
usufructuary.
RENUNCIATION OF USUFRUCT
(1)Waiver: voluntary surrender of the rights of the usufructuary,
made by him with intent to surrender them
(2)Limitations
a. Must be express: tacit renunciation is not sufficient
b. Does not need the consent of naked owner
c. If made in fraud of creditors, waiver may be rescinded by
them through action under Article 1381 (accion pauliana)
EXTINCTION OR LOSS OF PROPERTY (NCC 608 & 608)
Situation
Effect
Art. 607 If destroyed property is not insured
If the building forms part of an
immovable under usufruct
If usufruct is on the building only

If the building forms part of an

immovable under usufruct
Usufruct continues over the land and
materials (plus interests), if owner
does not rebuild. If owner rebuilds,
usufructuary must allow owner to
occupy the land and to make use of
materials; but the owner must pay
interest on the value of both the land
and the materials.
Art. 608 If destroyed property is insured before termination of the
usufruct
When insurance premium paid by
If owner rebuilds, usufruct subsists
owner and usufructuary (par. 1)
on new building. If owner does not
rebuild interest upon insurance
proceeds paid to usufructuary
When the insurance taken by the
Owner entitled to insurance money
naked owner only because
(no interest paid to usufructuary). If
usufructuary refuses to contribute to he does not rebuild, usufruct
the premium (par. 2)
continues over remaining land and/or
owner may pay interest on value of
both materials and land (607). If
owner rebuilds, usufruct does not
continue on new building, but owner
must pay interest on value of land
and old materials.
When insurance taken by
Insurance proceeds goes to the
usufructuary only depends on value
usufructuary. No obligation to rebuild.
of usufructuarys insurable interest
Usufruct continues on the land.
Owner has no share in insurance
proceeds.

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TERMINATION OF RIGHT OF PERSON CONSTITUTING THE

USUFRUCT
Example: usufructs constituted by a vendee a retro terminate upon
redemption
PRESCRIPTION
(1)Adverse possession against the owner or the usufructuary.
(2) It is not the non-use which extinguishes the usufruct by
prescription, but the use by a 3rd person.
(3)There can be no prescription as long as the usufructuary receives
the rents from the lease of the property, or he enjoys the price of
the sale of his right.
CONDITIONS NOT AFFECTING USUFRUCT EXPROPRIATION OF
THING IN USUFRUCT (NCC 609)
(1)If naked owner alone was given the indemnity, he has the option:
a. To replace with equivalent thing
b. Or to pay to the usufructuary legal interest on the
indemnity requires security given by the naked owner for
the payment of the interest
(2)If both the naked owner and the usufructuary were separately
given indemnity, each owns the indemnity given to him, the
usufruct being totally extinguished.
(3)If usufructuary alone was given the indemnity, he must give it to
the naked owner and compel the latter to return either the
interest or to replace the property. He may even deduct the
interest himself, if the naked owner fails to object.
BAD USE OF THING IN USUFRUCT (NCC 610)
Does not extinguish the usufruct but
(1)Entitles the owner to demand delivery and administration of the
thing.
(2)The bad use must cause considerable injury not to the thing, but
to the owner.
a. Destruction of a building over which the usufruct is
constituted (Arts. 607 and 608)

Nuisance
1. Classification of Nuisance; distinctions; remedies against
Art. 695 provides that nuisance is either public or private.
(1) Public nuisance affects a community or neighborhood

or any considerable number of persons, although the

extent of the annoyance, danger or damage upon
individuals may be unequal.
Remedies
The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local
ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
a. It must be reasonably and efficiently exercised
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b. Means employed must not be unduly oppressive on

individuals, and
c. No more injury must be done to the property or rights of
individuals than is necessary to accomplish the abatement.
d. No right to compensation if property taken or destroyed is
a nuisance.
Action for abatement
(1)The district health officer shall take care that one or
all of the remedies against a public nuisance are
availed of.
(2)If a civil action is brought by reason of the
maintenance of a public nuisance, such action shall
be commenced by the city or municipal mayor.
(3)The district health officer shall determine whether or
not abatement, without judicial proceedings, is the
best remedy against a public nuisance.
(4)A private person may file an action on account of a
public nuisance if it is especially injurious to himself.
General rule: Individual has no right of action against a public
nuisance. The abatement proceedings must be instituted in
the name of the State or its representatives.
Exception: An individual who has suffered some special
damage different from that sustained by the general public
may maintain a suit in equity for an injunction to abate it, or
an action for damages which he has sustained.
Action becomes a tort if an individual has suffered particular
harm, in which case the nuisance is treated as a private
nuisance with respect to such person.
(2) Private nuisance one that is not included in the

foregoing definition.
Remedies
The remedies against a private nuisance are:
(1)A civil action; or
(2)Abatement, without judicial proceedings.
a. The procedure for extrajudicial abatement of
a public nuisance by a private person be
followed
b. Person extrajudicially abating a nuisance
liable for damages if:
i. If he causes unnecessary injury
ii. If an alleged nuisance is later declared
by the courts to be not a real nuisance
Remedies of property owner
A person whose property is seized or destroyed as a
nuisance may resort to the courts to determine whether
or not it was in fact a nuisance.
(1)Action for replevin
(2)Enjoin the sale or destruction of the property
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(3)Action for the proceeds of its sale and damages if it

has been sold
(4)Enjoin private parties from proceeding to abate a
supposed nuisance
2. Requisites of private individual to summarily state a
nuisance
The requisites of private individual to summarily state a
nuisance
(1) That demand be first made upon the owner or possessor
of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health
officer and executed with the assistance of the local
police; and
(4) That the value of the destruction does not exceed P3000.
Rules
(1) The right must be exercised only in cases of urgent or
extreme necessity. The thing alleged to be a nuisance
must be existing at the time that it was alleged to be a
nuisance.
(2) Summary abatement must be resorted to within a
reasonable time after knowledge of the nuisance is
acquired or should have been acquired by the person
entitled to abate.
(3) Person who has the right to abate must give reasonable
notice of his intention to do so, and allow thereafter a
reasonable time to enable the other to abate the
nuisance himself.
(4) Means employed must be reasonable and for any
unnecessary damage or force, the actor will be liable.
Right to abate is not greater than the necessity of the
case and is limited to the removal of only so much of the
objectionable thing as actually causes the nuisance.
(5) Abatement must be approved by the district health
officer.
(6) Property must not be destroyed unless it is absolutely
necessary to do so.
(7) Right must always be exercised with the assistance of
local police so as not to disturb the public peace.
3. Doctrine of attractive nuisance
One who maintains on his premises dangerous instrumentalities
or appliances of a character likely to attract children in play, and
who fails to exercise ordinary care to prevent children from
playing therewith or resorting thereto, is liable to a child of
tender years who is injured thereby, even if the child is
technically a trespasser in the premises.
Basis of liability The attractiveness is an invitation to children.
Safeguards to prevent danger must therefore be set up.
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Modes of Acquiring Ownership

1. Modes of Acquiring Ownership
The modes of acquiring ownership are the following:
(1)Occupation
(2)Law
(3)Donation
(4)Tradition
(5)Intellectual Property
(6)Prescription
(7)Succession
2. Kinds of tradition as a mode of acquiring ownership
1. Real is by delivery or transfer of a thing from hand to hand if
it is movable, or by certain material and possessory acts of
the grantee performed in the presence and with the consent
of the grantor if it is immovable.
2. Constructive is by delivery of a movable or immovable thing
by means of acts or signs thereof. This delivery may take
place in the following ways:
a. Traditio symbolica is by delivery of a symbol
representing the thing which is delivered, such as the
key to a warehouse.
b. Traditio longa manu by the grantor pointing out to
the grantee the thing which is delivered which at the
time must be withing sight.
c. Traditio brevi manu is when the grantee is already in
possession of the thing under a title which is not of
ownership, such as when the lessee purchases from the
lessor the object of the lease.
d. Traditio constitutum possessorium by the grantor
alienates a thing belonging to him, but continues in
possession thereof under a different title, such as that
of a lessee, pledgee or depositary.
3. Quasi-tradicion is used to indicate the exercise of a right by
the grantee with the acquiescence of the grantor, such as
delivery which may be made by the execution of a public
instrument with respect to incorporeal property. (See Art.
1501)
4. Tradicion por ministerio de la ley is delivery which takes
place by operation of law, such as by the registration of a
deed of transfer of titled land which is also the operative act
in order to bind innocent persons in such deeds.

Donations
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1. Kinds of Donations; requisites; formalities

a. Donation Inter Vivos (NCC 729)
Donation which shall take effect during the lifetime of the
donor, though the property shall not be delivered till after the
donor's death. Takes effect independently of the donors death
Irrevocable except for the following grounds:
(1)Subsequent birth of the donors children
(2)Donors failure to comply with imposed conditions
(3)Donees ingratitude
(4)Reduction of donation by reason of inofficiousness
b. Donation by Reason of Marriage/ Donation Propter
Nuptias (FC 86)
(1)Must be made before the celebration of marriage
(2)Made in consideration of the marriage
(3)Made in favor of one or both of the future spouses
2. Reasons for knowing distinction between donation inter

vivos and donation mortis causa

It is the time of effectivity (aside from the form) which
distinguishes a donation inter vivos from a donation mortis
causa. And the effectivity is determined by the time when the full
or naked ownership (dominium plenum or dominium directum) of
the donated properties is transmitted to the donees.41 If the
donation is made in contemplation of the donors death, meaning
that the full or naked ownership of the donated properties will
pass to the donee only because of the donors death, then it is at
that time that the donation takes effect, and it is a donation
mortis causa which should be embodied in a last will and
testament. But if the donation takes effect during the donors
lifetime or independently of the donors death, meaning that the
full or naked ownership (nuda proprietas) of the donated
properties passes to the donee during the donors lifetime, not
by reason of his death but because of the deed of donation, then
the donation is inter vivos.
3. Rules in determining the donation is inter vivos or mortis
causa
In determining whether a donation is one of mortis causa, the
following characteristics must be taken into account:
(1) It conveys no title or ownership to the transferee before
the death of the transferor; or what amounts to the same
thing, that the transferor should retain the ownership (full
or naked) and control of the property while alive;
(2) That before his death, the transfer should be revocable
by the transferor at will, ad nutum; but revocability may be
provided for indirectly by means of a reserved power in the
donor to dispose of the properties conveyed; and
(3) That the transfer should be void if the transferor should
survive the transferee.
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4. Donations prohibited by law

(1)Those made between persons who were guilty of adultery or
concubinage at the time of the donation;
(2)Those made between persons found guilty of the same
criminal offense, in consideration thereof;
(3)Those made to a public officer or his wife, descendants and
ascendants, by reason of his office; and
(4)Those made to persons incapacitated to succeed by will
5. Modes of revoking and reducing inter vivos donation
The modes of revoking and reducing inter vivos donation are as
follows:
a. Art. 760. Every donation inter vivos, made by a person
having no children or descendants, legitimate or
legitimated by subsequent marriage, or illegitimate, may
be revoked or reduced as provided in the next article, by
the happening of any of these events:
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they be posthumous;
(2) If the child of the donor, whom the latter believed
to be dead when he made the donation, should turn
out to be living;
(3) If the donor subsequently adopt a minor child.
b. Art. 761. In the cases referred to in the preceding article,
the donation shall be revoked or reduced insofar as it
exceeds the portion that may be freely disposed of by will,
taking into account the whole estate of the donor at the
time of the birth, appearance or adoption of a child.
c. Art. 762. Upon the revocation or reduction of the donation
by the birth, appearance or adoption of a child, the
property affected shall be returned or its value if the donee
has sold the same.
If the property is mortgaged, the donor may redeem the
mortgage, by paying the amount guaranteed, with a right
to recover the same from the donee.
When the property cannot be returned, it shall be
estimated at what it was worth at the time of the donation.
d. Art. 763. The action for revocation or reduction on the
grounds set forth in article 760 shall prescribe after four
years from the birth of the first child, or from his
legitimation, recognition or adoption, or from the judicial
declaration of filiation, or from the time information was
received regarding the existence of the child believed
dead.
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This action cannot be renounced, and is transmitted, upon

the death of the donor, to his legitimate and illegitimate
children and descendants.
e. Art. 764. The donation shall be revoked at the instance of
the donor, when the donee fails to comply with any of the
conditions which the former imposed upon the latter.
In this case, the property donated shall be returned to the
donor, the alienations made by the donee and the
mortgages imposed thereon by him being void, with the
limitations established, with regard to third persons, by the
Mortgage Law and the Land Registration Laws.
This action shall prescribe after four years from the
noncompliance with the condition, may be transmitted to
the heirs of the donor, and may be exercised against the
donees heirs.
f. Art. 765. The donation may also be revoked at the instance
of the donor, by reason of ingratitude in the following
cases:
(1) 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;
(2) 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 the act has been
committed against the donee himself, his wife or children
under his authority;
(3) If he unduly refuses him support when the donee is
legally or morally bound to give support to the donor.
g. Art. 766. Although the donation is revoked on account of
ingratitude, nevertheless, the alienations and mortgages
effected before the notation of the complaint for revocation
in the Registry of Property shall subsist. Later ones shall be
void.
h. Art. 767. In the case referred to in the first paragraph of
the preceding article, the donor shall have a right to
demand from the donee the value of property alienated
which he cannot recover from third persons, or the sum for
which the same has been mortgaged.
The value of said property shall be fixed as of the time of
the donation.
i. Art. 768. When the donation is revoked for any of the
causes stated in Article 760, or by reason of ingratitude, or
when it is reduced because it is inofficious, the donee shall
not return the fruits except from the filing of the complaint.
If the revocation is based upon noncompliance with any of
the conditions imposed in the donation, the donee shall
return not only the property but also the fruits thereof
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which he may have received after having failed to fulfill the

condition.
j. Art. 769. The action granted to the donor by reason of
ingratitude cannot be renounced in advance. This action
prescribes within one year, to be counted from the time the
donor had knowledge of the fact and it was possible for
him to bring the action.
k. Art. 770. This action shall not be transmitted to the heirs of
the donor, if the latter did not institute the same, although
he could have done so, and even if he should die before
the expiration of one year.
Neither can this action be brought against the heir of the
donee, unless upon the latters death the complaint has
been filed.
l. Art. 771. Donations which in accordance with the
provisions of Article 752, are inofficious, bearing in mind
the estimated net value of the donors property at the time
of his death, shall be reduced with regard to the excess;
but this reduction shall not prevent the donations from
taking effect during the life of the donor, nor shall it bar the
donee from appropriating the fruits.
For the reduction of donations the provisions of this
Chapter and of Articles 911 and 912 of this Code shall
govern.
m. Art. 772. Only those who at the time of the donors death
have a right to the legitime and their heirs and successors
in interest may ask for the reduction or inofficious
donations.
Those referred to in the preceding paragraph cannot
renounce their right during the lifetime of the donor, either
by express declaration, or by consenting to the donation.
The donees, devisees and legatees, who are not entitled to
the legitime and the creditors of the deceased can neither
ask for the reduction nor avail themselves thereof.
n. Art. 773. If, there being two or more donations, the
disposable portion is not sufficient to cover all of them,
those of the more recent date shall be suppressed or
reduced with regard to the excess.
6. Concept of reduction/revocation of inter vivos donation

when at time of donation, donor was childless

Based on Article 760 of the NCC, every donation inter vivos,
made by a person having no children or descendants, legitimate
or legitimated by subsequent marriage, or illegitimate, may be
Page 20 of 21

revoked or reduced as provided in the next article, by the

happening of any of these events:
(1) If the donor, after the donation, should have legitimate
or legitimated or illegitimate children, even though
they be posthumous;
(2) If the child of the donor, whom the latter believed to be
dead when he made the donation, should turn out to be
living;
(3) If the donor subsequently adopt a minor child.
7. Acts of ingratitude;

inofficious donation

a. Acts of Ingratitude
(1) 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;
(2) 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 the act has been
committed against the done himself, his wife or
children under his authority;
(3) If he unduly refuses him support when the done is
legally or morally bound to give support to the donor.
b. Inofficious Donation
(1) Shall be reduced with regard to the excess;
(2) But this reduction shall not prevent the donations from
taking effect during the life of the donor, nor shall it
bar the donee from appropriating the fruit
(3) Only those who at the time of the donor's death have
a right to the legitime and their heirs and successors
in interest may ask for the reduction or inofficious
donations
(4) If, there being two or more donations, the disposable
portion is not sufficient to cover all of them, those of
the more recent date shall be suppressed or reduced
with regard to the excess.

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