d ‘The property will become patrimonial only upon a format declaration by the goverment that i iso longer nesded for public se oF Chapter 3 Ownership 1b. Nature of putrimonil property. Te Sa, provinces, cities and municipalities exere rights of ownership ‘over ther respective parimonal proper which are oat tr en (PT: Ownership isthe independent and general power of over thing for purposes copied by Ta and i. They can be the objets fey ont, such Spee catia Gy se Fi sum total ofthe following rights or aibutess jus autos frond, us possidend us dponend, Subject to the special requirements of lw ia Byer oe cinco nc the disposition of government propery FoF OWNERSIP: Ownership may be exercised over li, They ae subject to presripton Began tan azy er {OF OWNER: The owns ste following rights — ease ec aroeNeY) at to enjoy and dispore of thing, without other crm: ' , lations than those established by law. (Art 428) This |A. PRINCIPAL: Those to which other things are considered Fe ae lori” ependent or subordinated.” = cample land on which a howe is bei. tend ot te sght to receive from he thing wh it B. ACCESSORY: Those which are dependent upon oF subordinated tothe prinepal® = Example: house built on and Go Su 21 Som 287 € Ro Ray. i, pers :aesHasngan, ee act Ge Ae ot ay ver ‘cabo Catt ep, GN TET, Lue 21 sora 7 € Raw Ray. i. SStaas Bes Apes Ul AN Cop. Coote!ii, Within the jurisdiction of the Municipal or “Metopotitn Ti Cours” Jus fruend ote ght thefts ofthe thing: Jus possidendl othe ight to posses the thing; nd i aan " Available only within the fist year of Aispossession (© Jus dsponend o he power of the owner o alienate, encumber, transform and even destoy the thing owned + But where forible entry was made ‘andestinely the one-year period is counted fiom the time the person deprived of possesion demanded dat the inirider desist + Only the owner ean dispose of the propery. after Fearing ofthe intron” Disposition by anyother person i void. 2. Right to recover the thing fom its holder and possessor. (re 428) This alo known a a vind the ight roving, iu. Forebleenryappies when a prions deprived of possesion of any land or building. by force, inimidation, threat, stateey oF stealth; Unafial dtainer splies © a lessor, vendor, vende, oF lotr person aginst whom the posession of any Tand or building i unlawfully withheld afer the Fight to posession his heen erat.” ‘The owner cannot recover the thing through fore or intimidation. He must invote the aid of the competent cour if the holder should ese to deliver the hing. (AR. 535) For the recovery of personal property the juticial action 1b. Accom publicina othe plenary ation to recover the ofreplevin™ is avaiable Fight of possession — For the recovery of reat property, there are thre kinds of 1 tose is ofp pessoa posesn sess availble eure Accom inerdictal or action for wolf detainee and i Witkin the juististion of the Regional Tish foci enty — Couns.” 4. Summary aeton involving physical possession or i, Available any me (ebjet to pression). possession de facto. The sue of oxmership may ‘ ‘be resolved ony fnsessry to dete the se lcion revindcaoria ot the action to recover of possession” ator ae GR. NOH, 25 A 189, 72 SORA Dama © Code Cras A No.2 3, 20% Gn. Ca oA GR. in te {ste Jaa2 208 OD pe Sen 20R+ Thus, the owner cannot fee his land in such Away as obstuct the natural low of waters 4. Involves the issue of onnersbip. Siace ownership for upper Inds" normally includes the right of possesion, recovery of ownership would normally inslue recovery of possession a wall. _Limrt4ri088 08 THE RiciTS oF OWNER. |i, Within the jurisdiction of the Regional Trish Limitation on the right enjoy — Couns ‘The owner of thing cannot make use thereof in sich manne 85 injure the rights of tnd peson. (Art 4) fi, Available any time subject preserpion) 3. Right f@ exclude any person fom he enjoyment and disposal ofthe thing. (Ar. 429) Limitations on the owner of rainons bullngs snd treesin danger of fling | For this purpose he owner may use such force as may be reasonably necessary to rept or peeveat an atl or ‘reatened unlawfal plysca evasion or usurpation of his property. (Ant 429) Lt a buiting, wall, column, or aay oer consruton i in danger of Taig, the owner stall be obliged 10 demolish sor to execute the -nocessry workin onder to prevent i fom filing. This isthe doctin of selEhelp. It ean oaly be (are 482) exercised at the time of actual or threatened