CIVIL LAW REVIEW I (SY 2017-2018)

I. IMMOVABLE VS MOVABLE
Board of Assessment Appeals vs. Manila Electric Comp. GR. No. L-15334, January 31,
1964
- Prudential Bank vs. Panis GR 50008, August 31, 1987
- Leon Sibal vs Emiliano Valdez GR No. L-26278, Aug. 4, 1927
- Davao Sawmill Co. vs Castillo 61 Phil 709

Regalian Doctrine Republic vs Lao 405 SCRA 291

Alienable or Disposable Portions -Celestial vs. Cachopero 413 SCRA 469 October 15, 2003

Natural Bed of Rivers Hilario vs City of Manila April 27, 1967

II. OWNERSHIP OF PROPERTY

a. How ownership is transferred
Ten Forty Realty & Dev. Corp. vs Marina Cruz GR No. 151212, 9/10/2003
b. Presumption of ownership
- Concordia Laluan, et al vs. Apolinario Malpaya, et al , GR #L-21231,
7/30/1975
c. Tax declarations
- Heirs of Clemente Ermac vs Heirs of Vicenta Ermac
GR No. 149679, May 30, 2003

Doctrine of Self-Help

- German Management & Services Inc. vs Court of Appeals

GR No. 76217, September 14, 1989
d. Right to Fence
- Aneco Realty vs. Landex Development
GR No. 165952, July 28, 2008
e. Payment of Just Compensation
- Jacinto vs. Dir. Of Lands, 49 PHIL 583

f. Exercise of Police Power

- City of Manila vs. Gerard, et al (L-26053, February 21, 1967

g. Definition Art. 427 & 428

h. Rights included in ownership
 1. Jus utendi
2. Jus fruendi
3. Jus Abutendi
4. Jus Disponendi
5. Jus Vindicandi
6. Jus Possidendi

i. Other Specific Rights

1. Right to exclude Art. 429
2. Right to Enclose or Fence Art. 430
3. Right to Just Compensation Art. 435
4. Right to Hidden Treasure Art. 438 439
5. Right to Recover possession and/or ownership (jus vindicandi)

j. Presumption of ownership Art. 160

- Case: Concordia Laluan, et al vs. Apolinario Malpaya, et al , GR #L-
21231, 7/30/1975

k. Limitations on the right to ownership

1. General limitation for the benefit of the State
- Eminent domain
- Police power
- Taxation

2. Specific limitations imposed by law

- Legal easements
- Limitations to avert injury to rights of third persons Art. 431
- Acts during states of necessity Art. 432

3. Limitations of owner/party transmitting property

- By will
- Mortgages, pledges, leases
III. RIGHT OF ACCESSION
A. Concept Art. 440
B. General Principles
a. Accessory follows the principal Art. 441-444
b. No unjust enrichment
 c. Accessory incorporated to principal Art. 447
d. Bad faith as liability for damages Art. 447- 456
Cases: Depra vs. Dumlao 136 SCRA 475
Del Campo vs. Abesia 160 SCRA 379
Paz Mercado vs. CA GR No. L-44001, June 10, 1988
e. Bad faith of both parties Art. 453
f. To ownership of principal goes ownership of fruits except:
1. Possession in good faith Art. 448
2. In Usufruct Art. 562, 564
3. In lease Art. 1643
4. In antichresis Art. 2132

C. Obligation of receiver of fruits Art. 443

D. Kinds of accession:
1. Accesion Discreta Art. 440
a. Natural
b. Industrial
Case: Gaboya vs. Cui -28 SCRA 85, GR No. L-19614, 3/27/1971
c. Civil

Case: Bachrach vs. Seifert 87 Phil 483, GR No. L-2659, 10/12/1950

Bachrach Motor Co. vs. Talisay Silay 56 PHIL 117, GR # 35223,
Sept. 17, 1931

2. Accession Continua
a. Over Immovables
1. Artificial or industrial building, planting, sowing (bps) Art. 448
a. Owner is bps with material of another
In good faith

Case: Sps. Benitez vs. Court of Appeals

GR No. 104828, 1/16/1997
In bad faith ( Art. 447)
2. Bps in good faith Art. 448
Case: Filipinas College Inc. vs Garcia Timbang 106 PHIL 247
GR No. L-12812, Sept. 29, 1959
a. Bps in bad faith Art. 449, 450, 451
b. Rights of bps in bad faith Art. 452, 443
3. Landowner in bad faith but bps in good faith Art. 454, 447
4. Where materials owned by third person Art. 455
 5. Good faith does not include negligence Art. 456

Cases:
Sarmiento vs. Agana 129 SCRA 122, GR No. L-57288, 4/30/1984
Tan Queto vs. CA 122 SCRA 206, GR No. L-35648, 2/27/1987

IV. CO-OWNERSHIP
A. Definition Art. 484
B. Characteristics of Co-ownership
Case: Lilia Sanchez vs. CA 404 SCRA 540, GR No. 152766, June 20, 2003
C. Sources of Co-ownership
1. By law
2. By Contract
3. By chance
4. By succession
D. Rights of co-owners to a thing owned Art. 486
1. To use thing according to purpose intended, provided:
- Not prejudicial to other co-owners
- Without preventing other co-owners use
2. To share benefits Art. 485
3. To bring action in ejectment Art. 487
4. To share expenses for preservation & taxes Art. 488
5. To oppose any act of alteration Art. 491
Case: Valdez vs. Olorga GR No. L-22571, 5/25/1973
6. To exercise legal redemption Art. 1620, 1623
7. To ask for partition Art. 494
E. Implications of co-owners right over his ideal share
b. Rights Art. 488
c. Effect of transaction by individual co-owner
1. Limited only to own share
Case: Mariano Distrito vs. CA 197 SCRA 606
GR No. 95256, May 28, 1991

Transferee does not acquire specific portion until partition

2. Creditors of co-owners may intervene in partition or attack

same, if prejudicial - Art. 497
 Partition or Division
a. Right to ask for partition any time, except:
1. There is a stipulation against it
2. When condition of indivision is imposed by
transferor (donor/testator) not to exceed 120
years Art. 494
3. When legal nature of community prevents
partition example: party walls
4. When partition generally prohibited by law
example community property during marriage
5. When partition would render thing unserviceable
F. Special Rules on ownership of different stories of a house (Art.490) as
differentiated from Condominium Act No. 4726
Case: Sunset View vs. Campos GR No. L-52361, April 27, 1981

V. POSSESSION
a. Concept - Art. 523
Case: Rizal Cement Co. Inc. vs. Villareal 135 SCRA 15

b. Concept of Possession (Classes)

Cases: Miguel Escritor vs. IAC 155 SCRA 577
Ignacio Wong vs. Hon. Carpio 155 SCRA 118
Manotok Realty vs. CA 134 SCRA 325
UP vs. delos Angeles 35 SCRA 102
Ocsio vs. CA 170 SCRA 729

c. How is possession acquired?

1. By material occupation
2. By subjection to our will
3. By proper acts and legal formalities

d. Presumptions regarding possession

1. Good faith Art. 527
2. Continuity of character Art. 529
3. Non-Interruption of Possession Art. 533
4. Presumption of Just Title Art. 541
5. Non-interruption of possession of property unjustly lost but legally recovered Art.
561
 6. Possession during intervening period Art. 1138, no. 2
7. Possession of movables with real property Art. 542
8. Exclusive possession of common property Art. 543

e. When possession is lost Art. 555

f. Possession as basis for prescription Art. 1134, 1137

VI. USUFRUCT
a. Concept Art. 562
b. Rights of the Usufructuary
Case: Backrach vs. Seifert 87 PHIL 483
Hemedes vs. CA 316 SCRA 347
1. Right to possess and enjoy the thing itself, its fruits and accessions
- Art. 566 & 567
2. Right to lease the thing Art. 572
Case: Fabie vs. David 75 PHIL 536

3. Right to improve the thing Art. 579

Limitations: Art. 579, 580, 581
c. Obligations of the Usufructuary
1. At the beginning of the usufruct Art. 583 exception: Art. 585
2. During the Usufruct
1. Care of good father of family Art. 589, 610
2. Ordinary repairs Art. 592
3. Notice of need to repair Art. 593
4. Notice about detrimental acts Art. 601
3. At the termination of usufruct Art. 612
d. Extinction/ Termination of Usufruct Art. 603

VII. EASEMENTS AND SERVITUDES Arts. 613, 615-616

a. Definition
b. Characteristics
1. It is a real right.
2. It is a right enjoyed over anothers property.
3. It is a right constituted over an immovable.
4. It limits the servient owners right of ownership for the benefit of the dominant estate.
Being an abnormal limitation of ownership, it cannot be presumed.
 5. Generally, it may consist in the owner of the dominant estate demanding that the
owner of the servient estate refrain from doing something, or that the latter permit
that something be done over the servient property, but not in the right to demand that
the owner of the servient estate do something, except if such act is an accessory
obligation to a praedial servitude.
6. It is inherent or inseparable from the estate to which they actively passively belong -
Art. 617
7. It is intransmissible
Case: Eduardo Tanedo vs. Hon. Bernad 165 SCRA 86
8. It is indivisible Art. 618
9. It has permanence.

c. Classification of Easement
i. According to party given the benefit real or personal easements
ii. According to the manner they are exercised Continuous or Discontinuous
iii. According to whether or not their existence is indicated Apparent or Non-apparent
Easements
iv. According to purpose of the easement of the Nature of the Limitation Positive or
Negative
v. According to the source or Origin and Establishment of the Easement Voluntary, Legal
or Mixed Easements.

d. Modes of acquiring easements

1. By title or its equivalent Art. 620, 623, 624
Case: Severo Amor vs. Gabriel Florentino, GR No. L-48348, 10/11/1943
2. By prescription of ten years Art. 620

e. Rights and Obligations of owners of dominant & servient estates Art. 625 Art. 630

f. Modes of extinguishment of easements

1. By merger
2. Non user for 10 years
-Use of co-owner Art. 633
- Servitudes not yet exercised cannot be extinguished by non user

3. Other causes not mentioned by Art. 631

- annulment or rescission of the title constituting the easement

- termination of the right of the grantor
 - abandonment of the servient estate
- eminent domain
- special causes art. 655

VIII. LEGAL EASEMENTS

a. For public easements special laws
b. For Private Legal Easements by agreement or by provisions of law on easements
1. Easement relating to waters Art. 637- 648
Cases: Javellana vs. IAC, 172 SCRA 500
Tomas Encarnacion vs. CA 195 SCRA 74

2. Easement of party wall Art. 658-666

3. Easement of light and view Art. 667-673
Case: Cortes vs. Yu Tibo GR No. 911, 3/12/1903
Amor vs. Florentino GR No. L-48384, 10/11/1943
4. Easement of drainage of buildings Art. 674 676
5. Easement of distance for certain construction/plantings Art. 677 681
6. Easement against nuisance Art. 682-683
7. Easement of lateral and subjacent support Art. 684-687

IX. DONATIONS
a. Definition Art. 725

b. Kinds of Donation
1. By effectiveness ( revocability at donors option)
- Inter vivos
- Mortis causa Art. 728
Case: Reyes vs. Mosqueda 187 SCRA 661, GR No. L-45262, 7/23/1990

c. Perfection of Donations Art. 734

Case: Pajarillo vs. IAC 176 SCRA 340
Gestopa vs. CA 342 SCRA 105

d. Parties
- Capacity to donate Art. 735
- Capacity to Accept donations
- Disqualifications Art. 739, 740, 1027, 1032

e. Forms of Donations
- Movable property Art. 748
- Immovable Property Art. 749

f. Subject matter of donations

- Future property Art. 751
 - Amount of property that may be donated art. 752, 750

g. Special Rules
- Art. 756
- Conventional reversion Art. 757
- Onerous Conditions
Case: Roman Catholic Archbishop vs. CA 198 SCRA 300

h. Reduction of Donations
- Reduction distinguished from revocation
- Causes of Reduction
a. Inofficiousness Art. 1149
b. Appearance of Children Art. 763

i. Rules
- In general Art. 773 exception Art. 1070
- Art. 908 & 912
- Ingratitude Art. 765