III RIGHT OF ACCESSION

A. Concept (Art. 440)

The right of a property owner to everything which is:

1) produced thereby (accession discreta)

2) which is incorporated/attached thereto,(accession continua)
either:
2.a) artificially
2.b) naturally

B. General Principles of Accession

a. Accessory Follows the Principal
b. No Unjust enrichment
c. All Works, Sowing and Planting are Presumed made by
Owner and at his Expense, unless contrary is proved.
d. Accessory Incorporated to principal such that it cannot be
Separated without Injury to Work Constructed or
Destruction to Plantings, construction or works – Art. 447
e. Bad Faith of one Party Neutralizes Bad Faith and other
Dire Consequences
f. Ownership of Fruits –To the Owner of Principal Thing:
Exceptions:

i. Possession in Good Faith

ii. In Usufruct
iii. In Lease
iv. In Antichresis

C. Obligation of Receiver of Fruits to pay expenses by 3 rd person in

production , gathering and preservation –Art. 443

D. Kinds of accession

1. Accession Discreta (Fruits) –Art. 441

a. Natural
b. Industrial
c. Civil

2. Accession Continua
a. Over Immovables

1. Artificial or Industrial – Building, Planting

Sowing (bps)

a. Owner is Builder, Planter, sower (BPS)

 Using Material of Another Art. 447
- In Good Faith
- In bad Faith

b. BPS Builds Plants or Sows on Another`s

Land Using his Own Materials – Art. 448-
454
BPS in Good Faith – Art. 448
BPS in Bad Faith – Art. 449, 450, 451

i. Options Open to Owner of Land

a. To acquire building, planting and sowing

BPS has right of retention
- retains possession without paying rental
- not entitled to fruits; his rights are the same as
an antichretic creditor

b. To sell and to BP to lease land to S

- BP may refuse if value of land considerable

more than what was BPed; then – forced lease
by LO and BP
- BPS in Bad Faith – Art. 449, 450, 451

ii. Rights of Builder Planter Sower in bad faith – Art.

452, 443

- Land owner in bad faith but BPS in good faith

– Art. 454, 447 – reason for adverting to rule
447

BPS builds, plants, sows on another’s land with material owned by 3 rd

person – Art. 455

Good faith does not exclude negligence – Art. 456

2. Natural
a. Alluvium – Art. 457
b. Avulsion
c. Change of Course of River – Art. 461-463
d. Formation of Islands – Art. 461-465 PD 1067, Water Code

3. Over Movables

a. Conjunction and Adjunction

 i. Inclusion or Engraftment
ii. Soldadura or soldering
a. Plumbatura – different metals
b. Ferruminatio – same metal
iii. Tejido or Weaving
iv Escritura or writing
v. Pintura or painting
c. Commixtion and Confusion
d. Specification

IV. QUIETING OF TITLE

A. Differences Between Action to Quiet Title and Action:

- To Remove A Cloud
- To Prevent a Cloud

B. Prescription of Action – Imprescriptible if plaintiff is in

possession; if not, prescribes within period for filing accion publiciana, accion
reivindicatoria

C. Who are Entitled to bring Action? Rule 63 Sec. 1 (par.2) RC

D. Principles:

1. There is a cloud on title to real property or any interest to real property

(Art. 476)
2. Plaintiff has legal or equitable title to or interest in the suject/real
property.
3. Instrument, record, claim, etc. must be valid and binding on its face
but in truth and in fact invalid, ineffective, voidable or unenforceable
4. Plaintiff must return benefits received from defendant

Cases:
1. Republic vs. CA [G.R. No. L-61647. October 12, 1984.]
2. Depra vs Dumlao [G.R. No. L-57348. May 16, 1985.]
3. Tecnogas vs CA[G.R. No. 108894. February 10, 1997.]

V. CO-OWNERSHIP

A. Definition

The right of common dominion which two or mere persons have in a

spiritual part (or ideal portion) or a thing which is not physically divided.
B. Characteristics

1. The recognition of ideal shares, defined but not physically identified.

2. Each co owner has absolute control over his ideal share;
3. Mutual respect among co-owner in regard to use enjoyment and
preservation of thing as a whole.

C. Differences between partnership and joint tenancy.

D. Differences between partnership and co-ownership.
E. Sources of co-ownership

a. Law, e.g., party walls, hedges and ditches; co-ownership

b. Contract (duration of co-ownership, Art. 494)
c. Succession
d. Chance (Commixtion, hidden treasure)
e. Occupation (harvesting and fishing)

F. Rights of each co-owner as to thing owned in common:

a. To use the thing according to the purpose intended may be altered

by agreement, express or implied, provided:
i. It is without injury or prejudice to interest of co-ownership and;
ii. Without preventing the use of other co-owners, Art. 486

b. To share in the benefits in proportion to his interest, provided the

charges are borne by each in the same proportion (Art. 485)

- Contrary stipulation in void

- Presumption is that portions are equal unless contrary is proved.

c. Each co-owner may bring an action in ejectment (Art. 487)

d. To compel other co-owner to contribute to expenses for preservation

of the thing or right owned in common and to payment of taxes (Art. 488)

- Co-owner’s option not to contribute by waiving his undivided

interest equal to amount of contribution (exception: if waiver
prejudicial to co-ownership)
- Requisites before repairs for preservation may be made of
expenses for embellishment or improvement may be made (Art.
489)
- Effects of failure to notify co-owners

e. To oppose any act of alteration; remedy of other co-owners

re: acts of alteration (Art. 491)
 1. Acts of alteration
Concept
Distinguished from acts of administration Art. 492.
Effect of acts of alteration and remedies of non-consenting
co-owner

Is lease of real property owned in common an act of alteration?

Art. 647 in relation to Art. 1878(8)

f. To protest against acts of majority which are prejudicial to minority

(Art. 492 par. 3)

g. To exercise legal redemption – Art. 1620, 1623

h. To ask for partition – Art. 494

G. Implications of co-owners right over his ideal share:

a. Co-owner has the right:

1. To share in fruits and benefits
2. To alienate, mortgage or encumber and dispose of his ideal share
– (but other co-owners may exercise right of legal redemption)
3. To substitute another person in the enjoyment of thing
4. To renounce part of his interest to reimburse necessary expenses
incurred by another co-owner (art. 488)

b. Effect of transaction by each co-owner

1. Limited to his share in the partition

2. Transferee does not acquire any specific portion of whole
property until partition
3. Creditors of co-owners may intervene in partition or attack the
same if prejudicial (Art. 497)

H. Are the rules on co-ownership applicable to conjugal partnership of gains

or absolute community of property?
I. Special rules on ownership based on provisions of Condominium Act (RA
No. 4726)
1. Concept of Condominium
2. Essential requisites for Condominium
3. Rights and Obligations of Condominium owner

J. Extinguishment of co-ownership

1. Total destruction of thing

 2. Merger of all interests in one person
3. Acquisitive prescription
a. By a third person
b. By one co-owner as against the other co-owners requisites
and unequivocal acts of:

i. Unequivocal acts of repudiation of co-ownership (acts

amounting to ouster of other co-owners) known to other co-owners and
shown by clear and convincing evidence

ii. Open and adverse possession, not mere silent extraordinary

acquisitive prescription.

iii. The presumption is that possession by co-owner is not adverse

4. Partition or Division

a. Right to ask for partition at any time except:

i. When there is a stipulation against it (not over ten years)
ii. When condition of indivision is imposed by transferor
(donor or testator) not exceed 20 years – Art. 494
iii. When the legal nature of community prevents partition
(party wall)
iv. When partition is generally prohibited by law (e.g.
absolute community of property)
v. When partition would render the thing unserviceable (but
the thing may be sold and co-owners divide the proceeds (
Art. 494)

Action for partition will fail if acquisitive prescription has set in.

b. Effect of Partition
Arts. 1091, 543, 1092-1093, 499-501
c. Right of Creditors of individual co-owners Art. 497
d. Procedure for Partition – Rule 69 Rules of Court