CASE

1 Leung Yee v. Strong Machinery Co., 37 Phil 644 [machinery]

2 Standard Oil Co. v. Jaramillo, 44 Phil 681[contract]
3 Prudential Bank v. Panis, 153 SCRA 390 [real as personal]
4 Davao Sawmill v. Castillo, 61 Phil 709 [mortgage]
5 Sibal v. Valdez, 50 Phil 512 [growing fruits]
6 Burgos Sr. v. Chief of Staff, AFP, 133 SCRA 800 [machinery]
7 Board of Assessment Appeals v. Manila Electric Co., 10 SCRA 68
[steel towers]
8 Manila Electric Co. v. CBAA Batangas, 114 SCRA 273 [oil storage
tanks]
9 MERALCO Securities Industrial Corp. v. CBAA, BAA Laguna, 114
SCRA [pipeline]
10 U.S. v. Carlos, 21 Phil 553 [electricity]
11 PLDT v. Alvarez, 718 SCRA 14 [telephone service]
12 Salas v. Jarencio, 46 SCRA 734 [State property]
13 Republic v. Tri-Plus Corp., 503 SCRA 91 [reclassification]
14 Manila International Airport Authority v. Pasay, 583 SCRA 234 [port]
15 Chavez v. PEA-AMARI, 384 SCRA 152, 415 SCRA 403 [submerged
lands]
16 Republic v. Parañaque, 677 SCRA 246 [reclaimed land]
17 Santos v. Moreno, 21 SCRA 1141 [canals]
18 Hilario v. City of Manila, 19 SCRA [river bed, river bank]
19 Dacanay Jr. v. Asistio, 208 SCRA 404 [outside the commerce of man]
20 Insular Government v. Aldecoa, 19 Phil 505 [prescription]
21 Manila International Airport Authority v. CA, 495 SCRA 591
[foreclosure]
22 Cebu Oxygen & Acetylene Co. v. Bercilles, 66 SCRA 481 [contract]
23 Laurel v. Garcia, 187 SCRA 797 [embassy property]
24 Zamboanga Del Norte v. Zamboanga City, 22 SCRA 1334 [special
law]
25 Nazareno v. CA, 326 SCRA 338 [right of actual possessor]
26 Factoran v. CA, Judge Dayaw, 320 SCRA 393 [replevin]
27 Del Rosario v. Gerry Roxas Foundation, 651 SCRA 414 [wrongful
entry]
28 Fernandez v. Co, 625 SCRA 370 [physical possession]
29 Rico v. Rufon, 525 SCRA 477 [in personam]
30 Barrameda v. Gontang, 19 SCRA 387 [trespassing]
31 German Management Services v. CA, 177 SCRA 495 [better right of
possession]
32 Pang-oden v. Leonen, 510 SCRA 93 [action to recover]
33 Aranda v. Republic, 656 SCRA 140 [claim of ownership]
34 Ferrer-Lopez v. CA, 150 SCRA 393 [titles,tax declarations]
35 Rocamora v. RTC-Cebu, 167 SCRA 615 [just compensation]
36 PNB v. Marañon, 700 SCRA 297 [ rent]
37 Gaboya v. Cui, 38 SCRA 85 [same person]
38 Pacific Farms v.Esguerra, 30 SCRA 684 [unpaid materials]
39 PNB v. De Jesus, 411 SCRA 557 [honest belief]
40 Pecson v. CA, 244 SCRA 407 [2 or more parties]
41 Depra v. Dumlao, 136 SCRA 415 [removal]
42 Vda. De Nazareno v. CA, 257 SCRA 589 [accretion]
43 City Mayor v. Ebio, 621 SCRA 555 [increase in area]
44 Viajar v. CA, 168 SCRA 405 [reduced area]
45 Baes v. CA, 224 SCRA 562 [change in course of river]
46 Aguirre v. Pheng, 18 SCRA 18 [unjust enrichment]
47 Heirs of E. Diaz v. Virata, 498 SCRA 141 [invalid instrument]
48 Foster-Gallego v. Galang, 435 SCRA 275 [sole issue]
49 Mananguil v. Moico, 686 SCRA 123 [requisites]
50 Pingol v. CA, 226 SCRA 118 [personality]
51 Solid State Multi-Products Corp. v CA, 196 SCRA 630 [Torrens Title]
52 Phil-Ville Development and Housing Corp. v. Bonifacio, 651 SCRA
327 [res and jurisdiction]
53 Baricuatro v. CA, 325 SCRA 137 [equity]

54 Republic v. Mangotara, 624 SCRA 360 [declaratory relief]

55 Padre v. CA, 214 SCRA 446 [accion publiciana]

56 Rumarate v. Hernandez, 487 SCRA 317 [non-interference]
57 Cruz v. CA, 456 SCRA 165 [aliquot share]
58 Diversified Credit Corp. v. Rosado, 26 SCRA 470 [specific portion]
59 Punsalan v. Boon Liat, 44 Phil 320 [occupancy]
60 Go-Bangayan v. Bangayan, 700 SCRA 702 [marriage]
61 Navarro v. Escobido, 606 SCRA 1 [recovery]
62 Sering v. Plazo, 166 SCRA 85 [attorney-in-fact]
63 Aguilar v. CA, 227 SCRA 472 [action to compel sale]
64 Arambulo v. Nolasco, 720 SCRA 95 [alienation]
65 Bailon-Casilao v. CA, 160 SCRA 138 [sale]
66 Del Banco v. IAC, 156 SCRA 55 [judicial decree]
67 Pangan v. CA, 166 SCRA 375 [repudiation]
68 Rizal v. Naredo, 668 SCRA 114 [technical description]
69 Sunset View Condominium v. Campos, 104 SCRA 84 [stockholder]
70 Limson v. Wack Wack Condominium, 14 Feb 2011 [common area]
71 Twin Towers v. CA 27 Feb 2003 [non-payment of dues]
72 Far East Bank & Trust Co. v. Marquez, 465 Phil 276 (2004) [HLURB]
73 PNB v. Parayno and Puerto Azul, 30 Jan 2013 [PD 957]
74 Lovina et al, v. Moreno, 9 SCRA 557 [water code]
75 Bulao v. CA, 218 SCRA 321 [water ditches]
76 Atok Big Wedge Mining Co. v. IAC, Tuktukan Saingan, 261 SCRA 538
[mining]
77 Pendot v. CA, 172 SCRA 20 [squatters]
78 Del Rosa v. Carlos, 414 SCRA 226 [forcible entry]
79 Duran v. IAC, 128 SCRA 489 [innocent third persons]
80 Maneclang v. Baun, 208 SCRA 179 [filing of case]
81 Buayan Cattle v. Quintillan, 128 SCRA 270 [
82 Acebedo v. Abesamis, 217 SCRA 186 [heirs]
83 Llobrera v. Fernandez, 488 SCRA 509 [tolerance]
84 Perez v. Mendoza, 65 SCRA 480 [prior possession]
85 Masallo v. Cesar, 39 Phil 134 [wrongful seizure]
86 Aznar v. Yapdiangco, 13 SCRA 486 [irrevindicability]
DOCTRINE
1) Inscription in the chattel mortgage registry does not change the status of real property to chattel. When real property is sol
where there is no
1) The register entry, has
of deeds the no
firstauthority
to take possession in good
to determine faith isofthe
the nature owner. whether it be real or personal. They must onl
a property,
duty is purely of ministerial character. 2) Parties in a contract may treat as personal property that which by nature is real prope
Building is separate and distinct from land, thus a building is by itself immovable, and can be mortgaged apart from land. Such
[As an exception to the general rule that ungathered products are immovable property, for] the purpose of attachment and ex
of personal property.
1. Machineries are movable by nature. It will only become immovable when it is the owner who placed the machineries, recep
Machineries not placed3by
They do not fall article the owner
because of description
as per an immovable arebyconsidered
given the lower movable
court theyorare
personal properties
removable without having to break the
Neither do they fall under par 5 for they are not machineries, receptacles, instruments, or implements,
Oil storage tanks are considered as personal property since they are not attached to the soil. However, for andthe
even if they of
purposes were
tax
to realty taxes because they are classified as improvements.
The pipeline system is an immovable property. It is a construction adhering to the soil. It is attached to the land in such a way
form the itpipeline.
whether is capable of appropriation by another than the owner. Like gas, electricity is a valuable article of merchandise, bou
*(Paras, used electricity as an example of a deemed personal property under Art. 416 (3) of the Civil Code)
The Court ruled that international long distance calls and the business of providing telecommunication or telephone services b
Municipal lands are owned
1.) The classification by the State and
and reclassification are only
of public held
lands byalienable
into the municipalities as a usufructuary
or disposable, right.land is the prerogative o
mineral or forest
alienable
under Secagricultural
234 of LGC.land or alienated to a private person by the State remain part of the inalienable public domain.

1.) Submerged and foreshore lands reclaimed by the gov't even if not employed for public use or public service, if developed t
legislative authority empowering PEA to sell these lands.
Reclaimed
Under Article lands
339are
of reserved
the Spanishlands forCode,
Civil publiccanals
use. They are properties
constructed of public
by the State and dominion.
devoted toThe ownership
public use are ofof such
publiclands remai
ownership
private use must be of private ownership.
1.) The three
Property which elements of a river
are outside are it's bed,
the commerce of running
man cannot waters
be and banks.ofInany
a subject general, rivers
lease of are ofPublic
licenses. publicstreets
ownership so it follows
are outside the c
contract.
The shores and the lands reclaimed from the sea, while they continue to be devoted to public uses and no grant whatever has
for
from public uses.
public use,Such shoresremains
the same and lands are not susceptible
as properties of public of prescription,
dominion and as they do not pertain to the commerce of men.
are INALIENABLE.
Under Art. 422will
1) A property of continue
the NCC, toproperty of public
be a public domain
dominion when
until declared
there as nodeclaration
is a formal longer intended
of thefor public usetobecomes
government withdraw part of theb
it from
such conveyance must be authorized and approved by a law enacted by the Congress. It requires executive and legislative con
The classification of municipal property devoted for governmental purposes as public should prevail over the Civil Code classifi
A writ of possession on a building cannot be granted where judgment was rendered only as to the ownership of the land in qu
Replevin is not automatic
right to possess uponofthe
and the issue applicant’s
rightful filingisofthe
possession a bond and affidavit.
one decisive, for inIfsuch
property
action, in the
custodia legis cannot
defendant be subject
is the party of r
in actual
in possession.
Continuous
An action inphysical
personam possession passes
is an action on from
against predecessors-in-interest;
a person The lawliability,
on the basis of his personal protects possession
while an action deinfacto; Affidavit
rem is an action recog
aga
plaintiffs and not against the whole world, requires actual notice of the scheduled hearing. The latter, on
person who has no right to enter from time to time, cut wood, or carry other products. The intermittent nature of such acts, a the other hand, bein
title inadequate and justifies the granting of the equitable remedy.

…the partyof
Requisites who [files an
Claiming action forunder
Ownership recovery of real1.)
PD 1529: property] must
Alienable andfully prove, not
Disposable only his
Property, 2.)ownership of the thing
Open, continuous, claimed,
adverse, andbu
p
earlier
It was ruled that tax declaration is not a conclusive evidence of ownership against an original certificate of title.
into a negotiable sale with the land owners. As such, just compensation should be based on the agreement of the parties and
power of eminent domain, P.D. 76 would still not apply considering that the SC declared it unconstitutional in a separate case.
Rent is a civil fruit that belongs to the owner of the property producing it by right of accession
Recourse to the that
On the premise rulesPacific
of accession
Farms isare totally
the owner,unnecessary and inappropriate
it has the obligation where
to pay CLC thematerials
for the ownership of land
bought byand of the
Insular material
Farms Inc. H
exercise option of redeeming the six buildings upon payment to CLC of the sum due.
One is considered in good faith if he is not aware that there exists in his title or mode of acquisition any flaw which invalidates
Article 448 does not apply to a case where the owner of the land is the builder, sower, or planter who then later loses ownersh
part of the builder. Nevertheless, the provision therein on indemnity may be applied by analogy considering that the primary
Owner of the
Requisites land
of an in goodalluvion:
alienable faith on which
(1) theimprovement was
increase in soil built
must beby another
gradual in imperceptible;
and good faith is entitled
(2) theto removalmust
increase of improveme
be caused
coasts.
Moreover, respondents are deemed to have acquired ownership over the subject property through prescription (acquisitive p
estates bordering thereon. (Art. 457 NCC) 3.) Registration does not protect riparian owner
artificial means.
As a general rule, the absolute owner of the property is entitled to all accessions thereto. However, where there is absence of
owner
declares should reimburse
their claim over the
the value of theasimprovements
properties void. made by the one in good faith.
fraud or denial of due process which Foster-Gallego implores upon the court cannot be resolved in an action for quieting of ti
be
shown to. Proof
Rationale: of heirship
Possession alone is not
is a continuing suffice
right as is to
theprove
right equitable
to defend title
suchorpossession.
interest. Note: Legal of
An owner title:
realdenotes
property registered owner
in possession h
title.
1.) Acquisition of a friar land must be with the approval of the Secretary of Agriculture and Commerce and not in compliance
good faith, the law must protect and prefer the lawful holder of registered title over the transferee of a vendor bereft of any tr
The remedyoffor
Ownership anQuieting
immovable of Title may be
property of declaratory
shall belong to therelief if the plaintiff
purchaser in goodisfaith
ablewho
to establish
registersownership over
it first in the the subject
registry prop
of propert

In declaratory relief, the subject matter is a deed, will, contract or other written instrument, statute, executive order, or ordina

An action for quieting of title can be converted into a case of accion publiciana so that complete relief may be afforded to the
area.
(1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action;
(2) the deed, claim,
Co-ownership encumbrance
is terminated or proceeding
upon judicial claimed to
or extra-judicial be casting
partition cloud
of the on his title
properties mustinbe
owned shown toPartition,
common. be in factininvalid
general,or
belong. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a par
Civil Code provides that no individual co-owner can claim title to any definite portion of the land or thing owned in comm
The
The sale
wordsis valid only to”
“married with respect
are merelytodescriptive
his 1/22 share.
of theThe
civillone seller
status can registered
of the be sued, not because
owner he is not
and does a co-owner, but because he
prove co-ownership. W
Art.148.
Any one of the co-owners may file an action for recovery (of either movable or immovable property); Note - All property acqu
partnership;
Under Art. 487,Partners areofdeemed
any one co-owners.
the co-owners may file an ejectment suit without the necessity of including the other co-owners a
detainer, accion publiciana, accion reivindicatoria,
No co-owner shall be obliged to remain in the co-ownership,quieting ofand title,that
andeach
replevin.
co-owner may demand at any time the partition o
indivisible, adn the co-owners cannot agree that it be alloted to one
person in its enjoyment, except when personal rights are involved. Jurisprudence of them who shall indemnify v.
(Bailon-Casilao the others,
Court it shall bealso
of Appeals) sold a
sup
his own share but not those of the other co-owners who did not consent to the sale.
A sale by one determinate
(demarcating of the co-owners of the entire property is not null and void. However, only the rights of the co-owner seller are t
parts).
_x009a_Requisites of Adverse Possession: (1) Trustee has performed unequivocal acts amounting to an ouster of the cestui qu
(2) Such positive acts of repudiation had been made known to the cestui que trust, (3) Evidence should be clear and convincin
When
(1) thedifferent
buyer of portions
a unit in owned by different
a condominium peopleownership
acquires are already concretely
over the unit determined
only after heand
hasseparately
paid in fullidentifiable,
its purchaseeven if (2)
price. nott
automatically a shareholder in the condominium
The
doeselectrical main
not extend panel matters
to other is considered as part
such as: of the on
restriction common area and isuse,
water/electricity therefore
accessWack Wack
to unit, etc.Condominium's responsibility

Under PD 957, the mortgage of a subdivision lot or a condominium unit is void, if executed by a property developer without th
The jurisdictionhas
encumbrance of been
the HLURB to regulate
constituted theentire
over an real estate trade
property, ofiswhich
broadthe
enough
subjecttolot
include
or unitjurisdiction
is merely aover complaints
part, for annu
does not affect th
unjust
Republicpractices of unscrupulous
Act No. 2056 developers
does not constitute which
an unlawful may constitute
delegation mortgages
of judicial power over condominium
to the Secretary projects
of Public Works. sans
It merely the knowledge
empowers the secret
person was anyway entitled to make, because the bed of navigable streams is public property, and ownership thereof is not acquirable by adverse p
Prayer for the utilization of water does not determine the nature of the action; If the allegations in the complaint are predicate
which
subjectthe proprietor
of the of a power
claim. The piece of
toland haslands
classify over the
intowaters
mineralrising
landsthereon does
could not notbeen
have prejudice the rights
intended underwhich the owners
the Philippine Bill of
of lo
1
Remember, PB 1902 mandates mining claimants to comply with annual work requirements. (Please check ppt for complete d
possession (possession de facto) and not juridical possession (possession de jure) nor ownership of the property.
Persons guilty of illegal entry cannot invoke the benefits of Commonwealth Act Nos. 20 and 539 = purpose: benefit lawful ten
Mortgagees, in this case, relied on the validity of the title believing that it had no infirmity. Therefore, mortgagees are purchas
possessor in good faith shall not be liable for the deterioration or loss of the thing possessed.
moment, it became aware that it possesses the thing improperly and wrongfully.
which he has done in this case.
Heirs acquire possession upon the death of the decedent. In accordance with NCC 533 and NCC 493, heirs are allowed to disp
deemed transmitted to the heir without interruption. The sale by the heirs was valid as they have valid possession and was ab
A
(1)person
Actualoccupying
possessionanother person's
under claim property by
of ownership merea tolerance
raises disputableorpresumption
possession, without any contract
of ownership. between
The true them,resort
owner must is neces
to
possession, the present possessor is to be preferred (Art. 538).
A
in plaintiff
good faithin an action
from suchfor ejectment
finder, cannot
thief or succeed if it is show that the defendant has prior lawful possession
robber.