Property Law

Article 414
Property
o capable of being appropriated
Public Property
o Regalian Doctrine
o inalienable
o not within commerce of men
o not capable of being appropriated

Classifications of Properties
Movable v. Immovable Property
o Immovables
immovable itself
attached on an immovable
Real v. Personal Property
Property can be reclassified based on contracts
o contract is binding between the parties only
Special laws reclassifying properties
Immovables subjected registered under Chattel Mortgage Law

Article 415
Are contracts immovable or movable?
o General Rule: movables
o Exception: immovable under Article 415 (10)
Contract of Lease
o If all improvements of a lessee shall belong to the lessor, the lessee becomes an agent and it
falls under Article 415 (5).
Examples
o A has a property divided by a river, he built a bridge to connect two properties, on top of the
bridge he placed a statute. The statute is attached to the bridge and the bridge is attached
to the land. Is the statute movable or immovable?
It is movable, because it is not under the enumeration in Article 415
Article 416
Right to sue a person because of a debt is a movable.

Article 419, 420

Properties of Public Domain
o Public Use
o Public Service
Patrimonial
o private properties of a State
Batasang Pambansa
o Is this property of public dominion?
o Is this property of public service?
 Market
o Owned by the municipality
patrimonial property
o Owned by the state
property of public dominion
Creek, stream
o property of public dominion
Pond
o depending, because some ponds are man-made

If you own a property, the following are the attributes:

o 7 Juses of Roman Law
use, enjoy, destroy, possess
o if one is missing, maybe there is no ownership
o Usufruct
use and enjoy

Article 429-430
Self-help Doctrine
Right to Repel
Right to Fence
o A yield a fence, X saw the fence, X removed and contended self-help. Is X contention
correct?
German Corporation
The danged to you is such as to danger your rights, physical person, security, health
and the same must be imminent.
If somebody is in possession of ones property, whether de jure and de facto, go to court.
o File cases on recovery of properties
o Unlawful detainer, Forcible Entry
o Special Civil Actions

Article 432
Ang v. CA
o exempting circumstance to be excused from criminal liability, but not for civil liability

Tax Declaration
Title
o the mode of acquisition
Certificate of Title
o best proof of ownership is title
o Certificate of Title
document of title
Indefeasibility of title is not synonymous with the unquestionability of your title
Only personal properties can be occupied
In civil law, occupation is a mode of acquisition of personal properties.
 Example
If there is an informal settler in your land for 30 years
o owner must prove title and possession
o title
certificate of title, deed of sale, probate of a will, etc.
o possession
tax declaration
If 3 elements not proved
o registered property is not subject to laches

Nuisance
Nuisance
o anything that may disturb the peace, endanger your health, annoying to the senses
2 kinds of Nuisance
o private
o public
Nuisance per accidens
o subjective
o always go to court
Nuisance per se
o follow Civil Code to stop this nuisance
o civil case injunction
o criminal case, if the nuisance amounts to unjust vexation criminal case
o extrajudicial abatement municipal health officer
in Manila, municipal engineer
Public Nuisance
o principally, mayor files a case
o private person can also file a case
Private Nuisance
o private person can file a case

Articles 438 and 439 Hidden Treasure

Article 440

Accession
o anything produced, incorporated, etc. over immovable
o accessory follows principal
o that to which something is attached is the principal except:
o attachment, if you want to remove, as a general rule, youd probably destroy them
Movable properties
o determine whichever is more valuable to determine the principal
Kinds of Fruits
o Natural
o Civil
o Industrial
General
 o is that which is attached that separate

Article 448
If an owner of and believed that the materials is owned by him and he builds a structure using those
materials owned by another. If accessory follows the principal, who has the choice?
o The principal
Even if the owner of a land in bad faith, he still has option to buy the land and pay the other
damages
o accessory follows the principal
o no half-half ownership
o co-ownership is avoided
Example 1:
o If accessory is removable, can the owner of the material ask that it be removed and be given
to him?
yes
o but if the owner says no, Ill buy it, but the accessory says, Ill take it?
is there accessory?
none, because you can remove the fence without destroying
since this can be removed without being destroyed, there is no accession,
will the principle of accessory follows principal apply?
o no, because there is no accession
the owner of materials wins
Example 2:
o If you think you own a land, but its not yours (indispensable requirement), there is
someone who planted or made the improvement thought that he owns the property
o contract of lease
not applicable
the one that will apply will be the 50% provision under lease contracts
o
it is a situation between tolerance, it is an in between tolerance and
o by analogy
o apply 448
2 situations where 448 applies
o I thought that land is mine
o There is an invitation to use the land
Measure of payment of damages
o Article 546
necessary expenses will always be paid, regardless if good faith or bad faith
useful expenses will only be paid if in good faith
luxurious expenses, will not be paid
Forced Lease
If one is in bad faith, nothing will be paid
If both in bad faith = both in good faith

River
natural course, not man-made
riverbed will always be owned by the state
 o conversion ipso jure
o abandoned riverbed becomes owned by the person who lost his property due to the
movement of river

Avulsion
sudden change

Alluvion
gradual change
Case where there is a slow attachment of land
o it is alluvion
o it is not a sudden attachment
o look at it from his perspective, it is a slow, gradual increase
o ownership by operation of law

Movable Properties
accessory follows principal
o higher value
o higher volume
co-ownership is created
o all the rights and liabilities are determined by co-ownership
mixture
o no accession, no accessory and principal
o deals with aliquot parts
o technically there is strict co-ownership
o the properties blended
o law on proportionality apply
painting, sculpture, Article 468

Quieting of Title
you have a claim that is not valid
it can be preventive or curative
the plaintiff must have a legal or equitable title over the
o legal
sale, donation, inheritance,
o equitable
prescription
extraordinary means to acquire title
Example
o A,B,C,D, entered into a Memorandum of Agreement with X, the title is only made in the
name of A,B,C. D asked that the title be corrected, since D is also a buyer. Is this a
reconveyance case or quieting of title case?
it is a quieting of title case

Ruinous Buildings and Trees

If the branch of your neighbors tree extends to your property, you cannot cut, you have to go to the
local administrative agencies before cutting the tree.
 o If the root extends, you can cut it
the fruit falls on your property
o its yours
the fruit is still attached
o do not get it, thats theft

Co-ownership
created by law, inheritance or accession

Usufruct