Labitag Diagrams PDF

PROPERTY
DEFINITION Property is an economic concept, meaning a mass of things useful to human activity and
is necessary to life, for which reason they may be organized and distributed i n one way or
another, but, always for the good of man. In order that a thing may be considered as
property, it must have a) utility, b) substantivity, i.e., an autonomous or separate
existence and c) appropriability or susceptible to appropriation.
CLASSIFICATION UNDER THE CIVIL CODE

Asked in 76, 96, 97, 07
IMMOVABLE By Nature: Art. 415 (pars. 1 & 8)

By Incorporation: Art. 415 (pars. 2, 3, & 7)
OR REAL
By Destination: Art. 415 (pars. 4, 5, 6 & 9)
PROPERTY By Analogy: Art. 415 (par. 10)
MOVABLE OR
PERSONAL
PROPERTY FROM POINT OF VIEW OF
ARTS. 416 - 417 Criminal Law
Form of contracts involving movables or immovables
Prescription
IMPORTANCE Venue
AND Taxation
SIGNIFICANCE Preference of Credits
Chapter I. Property
DIFFERENCES Real Right
BETWEEN Personal Right
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REAL RIGHTS
AND
PERSONAL
RIGHTS
OTHER
CLASSIFICATION
PRINCIPAL
BY THEIR
ACCESSORY – Destined to complete, enhance or ornament another property.
AUTONOMY OR
DEPENDENCE
CONSUMABLE – Art. 418 par. 1
BY THEIR NON-CONSUM
CONSUMABLE – Art. 418
SUBSISTENCE DETERIORABLE OR NON
NON-DETERIORABLE
AFTER USE
BY THEIR DIVISIBLE
SUSCEPTIBILITY INDIVISIBLE
TO DIVISION
BY REASON OF GENERIC
DESIGNATION SPECIFIC
BY THEIR PRESENT
EXISTENCE IN FUTURE
POINT OF TIME
CONTENTS AND SINGULAR: a) Simpl

Simple b) Compound
CONSTITUTION UNIVERSAL
SUSCEPTIBILITY APPROPRIABLE: a) Already appropriated b) Not yet appropriated
Chapter I. Property
TO NON-APPROPRIABLE
APPROPRIABLE
APPROPRATION
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SUSCEPTIBILITY WITHIN THE COMMERCE OF MAN

TO COMMERCE OUTSIDE THE COMMERCE OF MAN
CLASSIFICATION BY
OWNERSHIP
RES NULLIUS Belongs to no one
PROPERTY OF STATE (ARTS. 420 – 422)

PUBLIC • For Public Use
DOMAIN • For Public Service
(cf. Patrimonial) • For Development of National Wealth
ARTS. 419, 420 CLASSIFICATION UNCER THE 1987 CONSTITUTION
– 422, 424 • Public Agri
Agricultural Land
• Mineral Land
• Timber Land
• National Parks
PROPERTY OF MUNICIPAL CORPORATIONS (ART. 424 par. 1)

• For Public use including public works for public service
PRIVATE • Patrimonial Property of State (Art. 424)

PROPERTY • Patrimonial Prop
Property of Municipal Corporations (Art. 424 par. 2)
• Private Property of Private Persons (Art. 425 par. 2)
EFFECT AND
SIGNIFICANCE OF • Property is outside the commerce of man.
CLASSIFICATION • Property cannot bbe subject of acquisitive prescription.
OF PROPERTY AS • Property cannot be attached nor levied upon in execution.
PROPERTY OF • Property cannot be burdened with a voluntary easement.
PUBLIC
DOMINION
OTHER
• CORPOREAL – They can be determined by the senses nses (RES QUI TANGI POSSUNT). They
Chapter I. Property
CLASSIFICATION
include rights of ownership of corporeal things.
• INCORPOREAL - They are things having abstract (ideal) existence, created by man and
representing value. They include:
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BY THEIR
Rights over incorporeal things
PHYSICAL
EXISTENCE Credits
Real rights
rights, other than ownership over corporeal things
REAL RIGHTS AND PERSONAL RIGHTS DISTINGUISHED
REAL RIGHTS ((JUS IN RE) PERSONAL RIGHTS (JUS

( IN
PERSONAM
PERSONAM)
A right that confers upon its holder

DEFINITION an autonomous power tto derive • It is the power of one person to demand of
directly from a thing (property) another as a definite passive subject the
certain economic advantages fulfillment of a prestation to give;
giv to do or not to
independently of whoever should be do.
the possessor of the thing. • It is also called a RIGHT OF OBLIGATION
CHARACTERISTICS • The holder must be able to act • Holder of right must enforce his rights through
DIRECTLY upon the thing by another’s action
Chapter II. Real and Personal Rights Distinguished

himself. There is no definite passive • Only one obligated as an obligor, and his heirs,
subject executor’s and assigns can be required to perform
• The right is enforceable against the obligation (subject to certain exceptions., e.g.
any possessor of the thing, or acción
cción pauliana; acción subrogatoria; direct
against the whole world (i.e. via a actions), save purely personal obligation, which
real action). does not survive debtor’s death
DISTINCTION • Exercised directly over a thing • Exercised through another person (obligor)
• Has a specific object or item of • Affects all present and future property of debtor
property • Not enforceable against
nst a transferee without
-- corporeal or incorporeal notice
• Follows its object iin the hands of • Not so limited (may be enforced versus all
any possessor properties of debtor not exempt from execution
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• limited by value of object or its • Extinguished by payment/performance or other

productivity modes of extinguishing obligations (extinguished
• extinguished by the loss or by loss of specific thing or death of
o obligor in
destruction of object/thing purely personal obligations.
REAL RIGHTS (JUS IN RE)
CLASSES 1. OF FULL CONTROL

a) Ownership
b) Real right of possession
(jus possessionis)
2. OF ENJOYMENT
a) Usufruct
b) Real or Praedial Servitudes
(easements)
c) Recorded leases
3. OF GUARANTY
Chapter II. Real and Personal Rights Distinguished

a) Mortgage, chattel or real
estate
b) Pledge
c) Antichresis
d) Retention
4. OF ACQUISITION
a) Preemption
b) Redemption
No. of real rights – not limited in
number
mber
Example: Stewardship rights
under the 1987 Constitution
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OWNERSHIP
DEFINITION It is independent right of exclusive enjoyment and control of a thing for the purpose of
deriving therefrom all the advantages required by the reasonable needs of the own er (or
holder of the right) and the promotion of the general welfare, but subject to the
restrictions imposed by law and the rights of others (J.B.L. Reyes).
CHARACTERISTICS It is an elastic concept, i.e., some of the bundle of rights in own ership may be
temporarily given to another person, but ownership still retained by owner
Generality of right – right to make use of all possibilities or utility of thing
Perpetual cause – exists as long as the thing exists
Independent of other real rights;

ts; it is the highest of all real rights
SUBJECT MATTER Things/Property Rights (Proprietary)

OF OWNERSHIP
Chapter III. Ownership

Movables Immovables
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Corporeal/Tangible Incorporeal/Intangible
BUNDLE OF RIGHTS Jus Utendi To use and enjoy the thing and its accessions
Asked in 77, 81
Jus Fruendi To own the fruits and accessions

Possession (as a real
right or possession de
jure): Jus Abutendi To use abnormally, in the sense of use that consumes the thing
Jus utendi and jus itself
fruendi are present if
possession in concept Jus Dis
Disponendi To dispose whether total or partial, permanent or temporary
of owner (Alienation, Encumbrance, Transformation, Destruction)
Jus Vindicandi
To vindicate; pursuit and recovery (Art. 434)
Jus Possidendi To possess (implied from the five rights above)
OTHER SPECIFIC Right to Exclude; Self

Self-Help
Help (available to both owner and lawful possessor); Doctrine of Self Help;
RIGHTS GIVEN TO Elements - Art. 429 – (Jus Utendi/Preventive Jus Vindicandi)
OWNER IN THE CIVIL Right to Enclose or Fence - Art. 430 – (Jus Utendi/ Preventive Jus Vindicandi)
CODE Right to Receive Just Compensation in Case of Expropriation - Art. 435, but not if property
seized by competent authority in the interest of health, safety or security (exercise of police
power)
ower) unless seizure is unjustified
Right to Hidden Treasure - Arts. 438-439 (Asked in 76, 95, 97)

Right to Accession - Art. 440
Right to Recover Possession and/or Ownership – (Jus Vindicandi)
Right of owner of land to its surface and everything under it, except natural resources
CUJUS EST SOLUM EJUS EST USQUE AD CŒLUM ET USQUE AD INFEROS (Latin maxim);
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owner may make any works, plantations and excavations subject to servitudes and special
laws and ordinances and reasonable needs of aerial navi
navigation – Art. 437
AVAILABLE ACTIONS IMMOVABLE PROPERTY Action to recover real right of ownership (may be defeated by
TO RECOVER affirmative defense of acquisitive prescription
presc on part of
POSSESSION OR defendant)
OWNERSHIP REQUISITES
Acción Reivindicatoria
1. The thing must be CORPOREAL, CONCRETE and
DETERMINATE
2. PROOF of IDENTITY by BORDERS (May be Natural or
REQUISITES FOR Artificial)
RECOVERY 3. SUPERIOR TITLE
• Plaintiff identifies Action to recover possession as a real right or possession de

Acción Publiciana
property and jure.. It prescribes in 10 years (Art. 555 par. 4)
• Proves his right of
ownership/possession EJECTMENT ACTIONS
- must rely on strength
Asked in 77, 94, 04
of his evidence and not
on weakness of
It is an action to recover actual, physical possession of real
defendant’s claim
Forcible entry property by a de facto possessor deprived thereof by means of
force, intimidation, threats, strategy or stealth. It prescribes
within one year from date of physical dispossession.
Unlawful Detainer It is also an action to recover actual, physical possession of

real property. It prescribes within one year from date of last
demand. The defendant’s possession was at first lawful (e.g. by
virtue of a lease or tolerance)
lerance) but became unlawful after
MOVABLE PROPERTY failure to vacate upon notification.
Replevin

Action to recover either ownership or possession. Prescribes
in 4 or 8 years. May be defeated by affirmative defense of
acquisitive prescription.
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LIMITATIONS OF
REAL RIGHT TO GENERAL Police Power e.g.,Abatement of nuisance
OWNERSHIP
Asked in 77
Taxation
Property is expropriated is devoted
for public use, but upon payment
Eminent Domain of just compensation
SPECIFIC
• Provide
Provided d they are not contrary to forbidden by law e.g., encumbrances,
servitudes, Pactum de non alienando (Contractual prohibition to dispose which
is a void stipulation)
Limitations imposed • Valid, unless prohibited by law
by owner’s or • Inter vivos e.g., donations where donor impos
imposes conditions
grantor’s will • Mortis causa e.g., last will where testator may impose indivision among co -
heirs up to 20 years.
Limitations from the • Liability for noisome and excessive smoke, emanations (Art. 2191)
Civil Code • Observance of distances in planting and building (Arts. 677 – 679)
• Observance of distances for making openings in one’s own walls (Art. 670)
• Duty to grant right of way (Art. 649) even without indemnity (Art. 652)
These are limitations for • Duty to receive water naturally descending from higher level (Art. 637)
the private benefits of • Duty to drain buildings through one’s own properties (Art. 676)
neighbors (relaciones de • Restrictions in the use of party walls (Arts. 644, 666)

vencidad) • Restrictions on Excavations (Arts. 684 – 687)
SIC UTERE TUO UT • The owner of a thing has no right to prohibit the interference of anoth er with the
ALIENUM NON LÆDAS, same, if the interference is necessary to avert an imminent danger and the threatened
(so use your property that damage, compared to the damage arising to the owner from the interference, is much
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it will not harm others) greater. The owner may demand from the person benefited indemnity for the d amage to
The owner of a thing him (Art. 432) – Act in state of necessity/ avoidance of greater evil or injury.
cannot make use thereof
in such manner as to
injure the rights of a third
person (Art. 431).
CO-OWNERSHIP
DEFINITION • The right of common dominion which two or more persons have in spiritual part of a
thing which is not physically divided (Sánchez Román).
• It is a manifestation or variation of ownership; where instead of there being a sole
owner, there several persons exercising the real right of ownership.
CHARACTERISTICS There is plurality of owners, but only one real right of ownership
The recognition of ideal shares or aliquot portions, defined but not physically
identified. (Asked in 75, 81)
Each co-owner
owner has the absolute control over his ideal share, not over specific
portions of the property. (Asked in 75, 81)
There is mutual respect among co-owners

owners as regards the use, enjoyment and
preservation of the property owned in common.
SUBJECT MATTER All things or property (including property rights), whether real or personal property,
OF CO-OWNERSHIP tangible o
or intangible
Chapter IV. Co-Ownership

CONTRASTED WITH JOINT TENANCY A joint tenant cannot sell his separate share.
JOINT TENANCY Involves a physical whole
and results in ownership
in the group. The interest of the deceased accrues to the surviving
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joint owner.
The disability of one joint owner benefits the others

(Tagarao v. Garcia, 61 Phil. 5)
COMPARED WITH BY ITS ORIGIN Co-ownership is created by other
er sources besides a contract;
PARTNERSHIP partnership, contract only (except conjugal partnership).
Asked in 88
BY PERSONALITY Co-ownership
ownership has no juridical personality; partnership has juridical
personality distinct from the members.
BY It involves no legal representation of other co--owners; partnership

REPRESENTATION may be represented by any partner (unless otherwise agreed)
BY ITS PURPOSE Co-ownership

ownership provides for common enjoyment; the purpose of a
partnership is for profit
BY ITS DURATION Co-ownership:

ownership: may not stipulate indivision for more than 10 years (20 if
imposed by testator or donor [Art. 494]); partnership: may be for more than
10 years.
AS REGARDS ITS Co-ownership is not dissolved by the co-owner’s

owner’s death; partnership is
DISSOLUTION dissolved by any partner’s death .
LEGAL EFFECTS Co-ownership

ownership creates rights in favor of each one of the coco-owners with respect
espect to the property
owned in common. All the bundle of rights in ownership are found in co -ownership also, with
each co-owner
owner having all such rights in conjunction with the other co co-owners.
owners. The rights of a
co-owner
owner can be viewed in 2 senses:

1. His rig
right
ht over the thing owned in common is limited by the other
co--owner’s concomitant rights
2. His rights over his ideal share or his u
undivided
ndivided interest over the same property; the
individual co
co-owner has absolute
olute control and ownership over his ideal share.
sh
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BUNDLE OF RIGHTS Jus Utendi Jus Abutendi Jus Vindicandi
Jus Fruendi Jus Disponendi Jus Possidendi

SOURCES
LAW BY THE VOLUNTARY ACT OR WILL OF OWNER OR
PARTIES TO CONTRACT
CHANCE OCCUPATION (Harvesting and fishing)
LAW • BETWEEN
ETWEEN A MAN AND A WOMAN CAPACITATED TO MARRY EACH OTHER
Art. 147: When a man and a woman who are capacitated to marry each other, live exclusively with
each other as husband and wife without the benefit of marriage or under a void marriage, their
wages andnd salaries shall be owned by them in equal shares and their property acquired by both of
COHABITATION them through their work or industry shall be governed by the rules on co -ownership.
ownership. In the absence
of proof to the contrary, their properties which were acquired whil
while
e they lived together shall be
presumed to be obtained jointly. If a party did not actually contribute but s/he contributed in the
care and maintenance of the family and the household, those efforts are considered.
Neither party can encumber or dispose b byy acts inter vivos on his/her share in the property acquired
during cohabitation and owned in common, without the consent of the other, until after the
termination of the cohabitation.
When only one of the parties to a void marriage is in good faith, the s hare of the party in bad faith in
the co-ownership
ownership shall be forfeited in favor of the common children. In case of default or of waiver by
any or all of the common children or their descendant, each vacant share shall belong to the
respective surviving desc
descendants.
endants. In the absence of descendants, such share shall belong to the
Innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.
• BETWEEN A MAN AND A WOMAN NOT CAPACITATED TO MARRY EACH OTHER

Art. 148: In cases ooff cohabitation not falling under the preceding article, only the properties acquired

by both of the parties through their actual joint contribution of money, property or industry shall be
owned by them in common proportion to their respective contributions . In absence of proof to the
contrary, their contributions and actual shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownership
ownership shall accrue
to the absolute community or conjugal partnership existing in such valid marriage. If the party who
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acted in bad faith is not validly married to another, his or her share shall be forfeited in the manner
provided in the last paragraph of the preceding article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.
LAW
IMPLIED TRUST If 2 or more persons purchase property and by common consent legal title is taken in the n ame
of one of them for the benefit of all, an implied trust is created in favor of others in proportion
to interest of each (Art. 1452).
INTESTATE Where there are 2 or more heirs, the whole estate of the decedent is, before its partition, owne d
SUCCESSION in common by such heirs, subject to the payment of debts of the deceased.(Art. 1078).
HIDDEN Co-ownership
ownership between finder and owner if finder (who is not the owner) found hidden treasure
TREASURE by chance and is not a trespasser
Asked in 08 Art. 438: Hidden treasure belongs to the owner of the land, building or property on which it is
found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of
its subdivisions, and by chance, one
one-half thereof shall be allowed to the finder. If the finder is a
trespasseer, he shall not be entitled to any share of the treasure.
EASEMENT OF
PARTY WALL Art. 685: The easement of a party wall shall be governed by the provisions of this Title, by
the local ordinances and customs insofar as they do not conf lict with the same, and by the
rules of co
co-ownership. This is a special type of co-ownership.
ownership. There is no right to ask for
partition and no recognition of ideal shares.

BY THE VOLUNTARY
ACT OR WILL OF THE
OWNER OR PARTIES
TO CONTRACT
Page 15 of 276
TESTATE Property is given to 2 or more persons.

SUCCESSION
BY THE VOLUNTARY
ACT OR WILL…
Donation made to several persons jointly, it is understood to be made in equal shares (Art.
753).
DONATION No rights of accretion, unless donor otherwise pro
provides.
But if donation is made to a husband and wife jointly, there shall be a right of accretion, unless
the contrary is so provided (Art. 573 par. 2)
CONDOMINIUM Sec. 6 (C): Unless otherwise provided, the common areas are held in common b y the holders of
LAW (RA 4726) units, in equal shares one for each unit.
CONTRACT Two or more persons agree to create a co

co-ownership.
ownership. Maximum duration of co-ownership
co by
agreement: 10 years (Art. 494 par. 2). This term may be extended by a new agreement.
UNIVERSAL • OF ALL PRESENT PROPERTIES

PARTNERSHIP Art. 1778 – A partnership of all present property is that in which the partners contribute all property
which actually belongs to them to a common fund, with the intention of dividing the same among
themselves, as well as all the profits which they may acquire therewith.
Art. 1779 – In an universal partnership of all present property, the property which belong to each of the
partners at the time of the constitution of the partnership, becomes the common property of all the
partners, as well as all the profits which they may acquire therewith.
A stipulation for the common enjoyment of any other profits may also be made; but the property which
the parties may acquire subsequently by inheritance, legacy or donation can not be included in such
stipulation, except the fruits thereof.

• OF PROFITS
Art. 1780 – A universal partnership of profits comprises all that the partners may acquire by their
industry or work during the existence of the partnership.
Movable or immovable property which each of the partners may possess at the time of the celebration of
ASSOCIATIONS the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership.
AND SOCIETIES,
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WHOSE
ARTICLES ARE
KEPT SECRET Art. 1775 – Associations and societies, whose articles are kept secret among the members, and
AMONG ITS wherein any one of the members may contract in his own name with third persons, shall have
MEMBERS no juridical personality, and shall be governed by the pro
provisions
visions relating to co-ownership.
co
CHANCE
Art. 472 – If by the will of their owners 2 things of the same or different kinds are
COMMIXTION mixed, or if the mixture occurs by chance, and in the latter case the things are not
IN GOOD FAITH separable witho
without
ut injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value by the provisions of the preceding article.
RIGHTS OF EACH CO-OWNER

OWNER OVER THE THING OR
PROPERTY OWNED IN COMMON
Asked in 83, 84, 86, 88, 00, 01,
1, 02
TO USE THE Art. 486 – Each co-owner

owner may use the thing owned in common, provided he does so
THING in accordance with the purpose for which it is intended and in such a way as not to
ACCORDING TO injure the interest of the co-ownership or prevent the other co-owners
owners from using it
THE PURPOSE according to their rights. The purpose of the co
co-ownership
ownership may be changed by
INTENDED (JUS agreement, express or implied.
UTENDI)
TO SHARE IN Art. 485 – The share of the co-owners,

owners, in the benefits as well as in the charge, shall
THE BENEFITS be proportional to their respective interests. Any stipulation in a contract contrary
IN shall be void.
PROPORTION The portions belong to the co
co-owners in the co-ownership
ownership shall be presumed equal,

TO HIS unless the contrary is proved.
INTEREST,
PROVIDED THE
CHARGES ARE
Page 17 of 276
ANYONE OF Dr. Arturo Tolentino is of the opinion that the term ejectment includes all actions for
THE CO- recovery of po
possession.
OWNERS MAY
BRING AN
ACTION IN
EJECTMENT
RIGHTS OF EACH
CO-OWNER…
TO COMPEL THE Other co

co-owners
owners have the option not to contribute by renouncing so muc h of his undivided
OTHER CO- interest as may be equivalent to his share of the necessary expenses and taxes.
OWNERS TO But no such waiver can be made if it is prejudicial to coco-ownership.
ownership. Justice J.B.L. Reyes
CONTRIBUTE TO opines that such waiver requires the consent of other co co-owners because
cause it is a dación en
EXPENSES FOR pago.
THE Art. 489 – Repairs for preservation may be made at the will of one of the co -owners, but he
PRESERVATION OF must, if practicable, first notify his co
co-owners
owners of the necessity of such repairs. Expenses to
THE PROPERTY improve or embellish the things shall be decided upon a majority as determined in Art. 492
OWNED IN (This requires consent of the financial majority or controlling interest in co -ownership).
COMMON AND TO
THE PAYMENT OF
TAXES (Art. 488)
Art. 491 – No one of the co

co-owners
owners shall, without the consent of the others, make alterations in
TO OPPOSE
the thing owned in common, even though benefits for all would result therefrom. However, if the
ANY ACT OF
withholding of the consent by one or more of the co
co-owners
owners is clealt prejudicial to the common
ALTERATION
interest, the courts may afford adequate rel
relief.
ACT OF ALTERATION: It is any change injurious to IS THE LEASE OF REAL PROPERTY OWNED IN COMMON AN
the thing owned in common or to the rights of other ACT OF OWNERSHIP P OR AN ACT OF ADMINISTRATION?
co-owners
owners or is material to the use, destination or Art. 1647, in relation to Art. 1878 par. 8, provides: If a lease is to

state of the thing, which act is in violation of the be recorder in the Registry of Property, the ff. persons cannot
express or tacit agreement of the co-owners.
owners. constitute the same without proper authority: the husband with
However, “replacement” is not alteration ((Enriquez v. respect to the wife’s paraphernal estate, the father or guardians as
Watson and Co.,, 22 Phil. 623) The unanimous to the property of the minor or ward, and the manager without
consent of all co-owners
owners is required in an act of special power.
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alteration; majority is not enough. Art. 1878 par. 8: Special Powers of Attorney are necessary in the
But if the withholding of consent by any one of the following cases: xxx To lease any real property to another
anoth person
co-owners is clearlyy prejudicial to the common for more than 1 year.
interest, courts may afford adequate relief (Art. 491). Melencio v. Dy Tiao Lay (55 Phil.. 100): Long term lease (over 6
years) by a majority is void.
RIGHTS OF EACH CO-
OWNER…
TO PROTEST Acts of administration and better enjoyment of the property owned in common have the followi ng
AGAINST characteristics: 1) They do not involve an alteration
RESOLUTIONS OF 2) They are renewable from time to time
MAJORITY WHICH 3) They do not bind the co-ownership
ownership for a long time in the future
ARE SERIOUSLY 4) They do not give rise to a real right over the things owned in common.
PREJUDICIAL TO CASE: Lavadia v. Cosme, 72 Phil. 196
THE MINORITY (IN
ACTS OF
ADMINISTRATION,
Art. 497)
TO EXERCISE Art. 1620 – A co-owner

owner of a thing may exercise the right of redemption in case the shares of all the
RIGHT OF LEGAL other co-owners
owners or of any of them, are sold to a third person. If the price of t he alienation is grossly
excessive, the redemption shall pay only a reasonable one.
REDEMPTION Should two or more co co-owners
owners desire to exercise the right of redemption, they may only do so in
Asked in 86 proportion to the share they may respectively have in the thing owned in co mmon.
Art. 1088 – Should any of the heirs sell his hereditary rights to a stranger before the partition, any or
all of the co
co-heirs
heirs may be subrogated to the rights of he purchaser by reimbursing him for the price of
the sale, provided they do so within the period of one month from the time they were notified in writing
of the sale by the vendor.
Art. 1623 – The right of legal pre-emption
emption or redemption shall not be exercised except within 30 days
from the notice in writing by the prospective vendor, or by th e vendor, as the case may be. The deed of

sale shall not be recorded in the Registry of Property, unless accompanied by an affidavit of the vendor
that he has given written notice thereof to all possible redemptioners.
CASES: Mariano v. CA CA, 222 SCRA 736; Verdad v. CA, 256 SCRA 593; Reyes v. Judge Concepcion,
Concepcion 190
SCRA 171
Page 19 of 276
PERIOD FOR EXERCISE OF RIGHT OF REDEMPTION: Thirty (30) days from date of written
notification of sale by co
co-owner/vendor
Without such written notification, the 30
30-day period does not start
rt to run.
RIGHTS OF EACH
CO-OWNER…
TO ASK FOR Art. 494 – No co

co-owner shall be obliged to remain in the co-ownership. Each co--owner may demand at any
PARTITION time the partition of the thing owned in common, insofar as his share is con cerned.
Asked in 75, 81 Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years,
shall be valid. This term may be extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not ex ceed 20 years.
Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co
co-owner or co-heir against his co-owners
owners or co-heirs
co as long as he
expressly or impliedly recognizes the co
co-ownership.
The principle
le is that as long as the co
co-ownership exists, anyone of the co-owners
owners can ask for partition, or as to any co-
co
owner the action for partition is imprescriptible.
EXCEPTIONS TO THE RIGHT TO ASK FOR PARTITION:

When there is a stipulation against it (not mo
more than ten years)
2) When the condition of indivision is imposed by transferor (donor or testator), (not to exceed 20 years)
3) When the legal nature of the community prevents partition (party wall)
4) When partition is generally prohibited by law (e.g., absolute community of property, party wall)
5) When partition would render the thing unserviceable, or the thing in common is essentially indivisible. There can be no
physical partition. (But the thing may be sold and co
co-owners shall divide the proceeds), (Arts. 495, 498)
NOTE: Also, an action for partition will fail if acquisitive prescription has set in favor of a stranger to co -ownership or in

favor of co-owner.
Art. 494 par. 5 provides: No prescription shall run in favor of a co -owner or co-heir against his co--heirs as long as he
expressly or impliedly recognizes the ownership.
The co-owner’s
owner’s possession of the property owned in common is not adverse to the rest of the co -owners.
owners. In order to be
Page 20 of 276
adverse, a) he must execute unequivocal acts of repudiati

repudiation
on amounting to the ouster of the other co-owners;
co b) such acts of
repudiation must be known to the other co
co-owners,
owners, c) and must be proved by clear and convincing evidence. In addition,
the adverse possession must be for the period required for extraordina ry acquisitive prescription.
RIGHTS OF EACH
CO-OWNER…
TO ASK FOR EFFECTS OF PARTITION

PARTITION Art. 1091 - A partition legally made confers upon each heir the exclusive ownership of the property
adjudicated to him.
Art. 1092 - After the partition has been made, the co-heirsheirs shall be reciprocally bound to warrant the title
to, and the quality of, each property adjudicated.
Art. 1093 - The reciprocal obligation of warranty referred to in the preceding article shall be proportionate
to the respective he
hereditary shares of the co-heirs,
heirs, but if any one of them should be insolvent, the other
co-heirs
heirs shall be liable for his part in the same proportion, deducting the part corresponding to the one
who should be indemnified.
Those who pay for the insolvent hei heirr shall have a right of action against him for reimbursement, should
his financial condition improve.
Art. 543 - Each one of the participants of a thing possessed in common shall be deemed to have
exclusively possessed the part which may be allotted to hi himm upon the division thereof, for the entire period
during which the co co-possession
possession lasted. Interruption in the possession of the whole or a part of a thing
possessed in common shall be to the prejudice of all the possessors. However, in case of civil interr uption,
the Rules of Court shall apply.
Art. 499 - The partition of a thing owned in common shall not prejudice third persons, who shall retain
the rights of mortgage, servitude or any other real rights belonging to them before the division was made.
Personal
nal rights pertaining to third persons against the co co-ownership
ownership shall also remain in force,
notwithstanding the partition.
Art. 500 - Upon partition, there shall be a mutual accounting for benefits received and reimbursements
for expenses made. Likewise, each co-owner owner shall pay for damages caused by reason of his negligence or
fraud.
Art. 501 - Every coco-owner
owner shall, after partition, be liable for defects of title and quality of the portion
assigned to each of the other co co-owners.

Art. 1098. A partition, judicial or extra-judicial,
judicial, may also be rescinded on account of lesion, when any one
of the co-heirs
heirs received things whose value is less, by at least oneone-fourth
fourth than the share to which he is
entitled, considering the value of the things at the time they w were
ere adjudicated.
RIGHT OF CREDITORS OF INDIVIDUAL CO CO-OWNERS

Page 21 of 276
Art. 497 – The creditors or assignees of the co

co-owners
owners may take part in the division of the thing owned in
common and object to its being effected without their concurrence. But they cannot impu gn any partition
already executed, unless there has been fraud or in case it was made notwithstanding a formal opposition
presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity.
RIGHTS OF EACH CO-
OWNER… PROCEDURE IN
JUDICIAL PARTITION Nothing in this Rule contained shall be construed so as to
RULE 69, RULES OF prejudice, defeat, or destroy the right or title of any person
TO ASK FOR COURT claiming the e real estate involved by title under any other person,
PARTITION or by title paramount to the title of the parties among whom the
partition may have been made; nor so as to restrict or prevent
persons holding real estate jointly or in common from making an
amicable partition thereof by agreement and suitable instruments
A person files a complaint for action in partition in court, In the of conveyance without recourse to an action (Sec. 12).
complaint, he must indicate the nature and extent of his title
and an adequate description of the real estate.
ate. He should
include as defendants all other persons interested in the
property (Sec. 1). The rules also apply to personal property If the court finds that the plaintiff has the right thereto, it shall
(Sec. 13). order the partition of the real estate among
mong all the parties in
interest (Sec. 2).
Before making such partition, the commissioners shall take If the parties are unable to If the parties agree, they
and subscribe to an oath that they will faithfully perform their agree, the court shall appoint will make the partition
duties. The oath shall be filed in court with the other not more than three (3) among themselves by
proceedings in the case. In making the partition, the competent and disinterested
proper instruments of
commissioners shall view and examine the real estate, after persons as commissioners to
due notice to the parties to attend at such view and make the partition,
conveyance, and the court
examination, and shall hear the parties as to their preference commanding them to set off shall confirm it (Sec. 2).
in
n the portion of the property to be set apart to them and the to the plaintiff and to each
comparative value thereof, and shall set apart the same to the party in interest such part
parties in lots or parcels as will be most advantageous and and proportion of the The partition, together
with the order of the

equitable, having due regard to the improvements, situation property as the court shall
and quality of the different parts (Sec. 4). direct (Sec. 3). court confirming the
same, shall be recorded
in the registry of deeds of
the place in which the
When it is made to appear to the commissioners that the real estate, or a portion thereof, cannot be property is situated (Sec.
Page 22 of 276
divided without prejudice to the interests of the parties, the court may order it assigned to one of 2).
the parties willing to take the same, provided he pays to the other parties such amounts as the
commissioners deem equitable, unless one of the interested parties asks that the property be sold
instead of being so assigned, in which case the court shall order the commissione rs to sell the real The final order may be
estate at public sale under such conditions and within such time as the court may determine (Sec.
appealed by any
5).
aggrieved party (Sec. 2).
The commissioners
ssioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the
assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall
serve copies thereof on all the interested parties with notice that they are allowed ten (10) days within which to file objections
to the findings of the report, if they so desire. No proceeding had before or conducted by the commissioners shall pass the t itle
to the property or bind the parties until the court shall have accepted the report of the commissioners and rendered judgment
thereon (Sec 6).
Upon the expiration of the period of ten (10) days, or even before the In an action for partition in accordance with this Rule,
expiration of such period but after the interest
interested parties have filed their a party shall recover from another his just share of
objections to the report or their statement of agreement therewith, the rents and profits received by such other party from the
court may, upon hearing, accept the report and render judgment in real
al estate in question, and the judgment shall include
accordance therewith; or, for cause shown, recommit the same to the an allowance for such rents and profits (Sec 8).
commissioners for further
her report of facts; or set aside the report and
appoint new commissioners; or accept the report in part and reject it in
part; and may make such order and render such judgment as shall
effectuate a fair and just partition of the real estate, or of its val ue, if The court shall equitably tax and apportion between
be or
assigned or sold as above provided, between the several owners thereof (Sec among the parties the costs and expenses which
7). accrue in the action, including the compensation of the
commissioners, having regard to the interests of the
parties, and execution may issue therefor as in other
cases.
NOTE: If actual partition of property is made, the judgment shall state definitely, by metes and bounds
and adequate description, the particular portion of th the
e real estate assigned to each party, and
The guardian or guardian ad the effect of the judgment shall be to vest in each party to the action in severalty the portion of
litem of a minor or person the real estate assigned to him. If the whole property is assigned to one of the parties upon his

judicially declared to be paying to the otothers
hers the sum or sums ordered by the court, the judgment shall state the fact of
incompetent may, with the such payment and of the assignment of the real estate to the party making the payment, and
approval of the court first had, the effect of the judgment shall be to vest in the party making the payment the whole of the real
do and perform on behalf of his estate free from any interest on the part of the other parties to the action. If the property is sold
ward any act, matter, or thing and the sale confirmed by the court, the judgment shall state the name of the purchaser or
Page 23 of 276
respecting the partition of real purchasers and a definite description of the parce
parcels
ls of real estate sold to each purchaser, and
estate, which the minor or the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making
person judicially declared to be the payment or payments, free from the claims of any of the parties to the action. A certified
incompetent could do in copy of the judgm
judgment
ent shall in either case be recorded in the registry of deeds of the place in
partition proceedings if he were which the real estate is situated, and the expenses of such recording shall be taxed as part of
of age or competent (Sec 9). the costs of the action (Sec. 11).
SPECIAL RULES ON
OWNERSHIP
(CONDOMINIUM)
CONCEPT It is an interest in real property consisting of a separate interests in a unit in a residential,

industrial or commercial building or in an industrial estate and an undivided interests in
common, directly and indirectly, in the land, or the appurtenant interest of their respective
units in the common areas (Sec. 2 par. 1, RA NO. 4726).
ESSENTIAL • The provisio

provisions
ns of RA No. 4726 shall apply to property divided or to be divided into
REQUISITES condominium only if there shall be recorded in the Register of Deeds of the province or city in
which the property lies, and duly annotated in the corresponding certificate of title of the
land, if the latter had been patented or registered under either the Land Registration or
Cadastral Acts, an enabling or master deed which shall contain, among others, the following:
a) Description of the land on which the building or buildings and improvements are to
be located;
b) Description of the building or buildings, stating the number of storeys and
basement, the number of units and their accessories, if any;
c) Description of the common areas and facilities;
d) A statement of the exact nature of the interest acquired or to be acquired by the
purchased in the separate units and the common areas of the condominium projects. Where
title to or to appurtenant interests in the common areas is to be held by a condominium

corporation, a stateme
statement to this effect shall be included;
e) A certificate of the registered owner of the property, if he is other than those
executing the master deed, as well as of all registered holders of any lien or encumbrances on
the property, that they consent to the registration of the deed;
Page 24 of 276
ESSENTIAL f) The following plans shall be appended to the deed as integral parts thereof:
REQUISITES 1. A survey plan of the land included in the project, unless a survey plan of
the same property had previously been filed in said office.
2. A diagrammatic floor plan of the building or buildings each unit, its
relative location and approximate dimensions.
g) Any reasonable restriction not contrary to law, morals, or public policy regarding
the right of any condominium o owner
wner to alienate or dispose off his condominium.
h) The enabling or master deed may be amended or revoked upon registration of an
instrument execut
executed by a simple majority of the registered owners of the property: Provided,
That in a condominium project exclusively
xclusively for either residential or commercial use, simple
majority shall be on a per unit of ownership basis and that in the case of mixed use, simple
majority shall be on a floor area of ownership basis: Provided, further, That prior
notifications to alalll registered owners shall be submitted to the Housing and Land Use
Regulatory Board and the city/municipal engineer for approval before it can be registered.
Until registration
istration of a revocation, the provisions of this Act shall continue to apply to such
property
perty (Sec. 4) ( as amended by RA 7899 effective March 8, 1995)
• Any transfer or conveyance of a unit or an apartment, office or store or other space

therein, shall include the transfer or conveyance of the undivided interest in the common
areas or in a proper case, the membership or share holdings in the condominium
corporation: Provided, however, That where the common areas in the condominium project
are held by the owners of separate units as co
co-owners
owners hereof, no condominium unit therein
shall be conve
conveyed
yed or transferred to persons other than Filipino citizens or corporation at

least 60% of the capital stock of which belong to Filipino citizens, except in cases of
hereditary succession. Where the common areas in a condominium project are held by a
corporation,
ation, no transfer or conveyance of a unit shall be valid if the concomitant transfer of
the appurtenant membership or stockholding in the corporation will cause the alien interest
in such corporation to exceed the limits imposed by existing laws.
Page 25 of 276
INCIDENTS OF A Unless otherwise expressly provided in the enabling or master deed or the declaration of
CONDOMINUM restrictions, the incidents of a condominium grant are as follows:
GRANT, RIGHTS AND a) the boundary of the unit granted are the interior surfaces of the perimeter wa lls, floors,
OBLIGATIONS OF ceiling, windows and doors thereof: Provided, that in the case of an industrial estate condominium
CONDOMINIUM projects, wherein whole buildings, plants or factories may be considered as unit defined under
OWNER section 3 (b) hereof, the boundary of a unit shal
shall include the outer surfaces of the perimeter walls
of said buildings, plants or factories. The following are not part of the unit: bearing walls,
columns, floors, roofs, foundations, and other common structural elements of the buildings;
lobbies, stairway
stairways,
s, hall ways and other areas of common use, elevator equipment and shafts,
central heating, central refrigeration and central air conditioning equipment, reservoir, tanks,
pumps and other central services and facilities, pipes, ducts, flues, chutes, condui ts wires and
other utility installations, wherever located, except the outlets thereof when located within the
unit.
b) There shall pass with the unit, as an appurtenant thereof, an exclusive casement for the
use of the air space encompasses by the boundboundaries
aries of the unit as it exists at any particular time
and as the unit may lawfully be altered or reconstructed from time to time. Such easement shall
be automatically terminated in any air space upon destruction of the units as to render it
untenantable.
c) Unless otherwise provided, the common areas are held in common by the holders of
units, in equal share one for each unit.
d) A non
non-exclusive
exclusive easement for ingress, egress and support through the common areas in
appurtenant to each unit and the common areas are subject to such easement.
e) Each condominium owner shall have the excl exclusive
usive right to paint, repaint, tile, wax,

paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows
and doors hounding his own unit unit:: provided, that in the case of an industrial estate condominium
unit, such right may be exercised over the external surfaces of the said unit.
f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber
his condominium and tto o have the same appraised independently of the other condominium
Page 26 of 276
owner.
g) Each condominium owner has also the absolute right to sell or dispose of his
condominium unless the master deed contains a requirements that the property be first offered to
the condominium
ondominium owners within a reasonable period of time before the same is offered to outside
parties (Sec 6).
DECLARATION OF The owner of a project shall, prior to the conveyance of any condominium, register a declaration
RESTRICTIONS – of restrictions relating to such project, which restrictions shall con stitute a lien upon each
Essentially provides condominium in the project, and shall insure to and bind all condominium owners in the project.
for rules governing the Such liens, unless otherwise provided, may be enforced by any condominium owner in the
running of the project or by the management body. The Register of Deeds shall enter and annotate the
common areas, e.g. declaration of restrictions upon the certificate of title (Sec 9).
quorum of meetings,
voting majorities, etc.
SPECIAL GROUNDS a) That three years after damage or destruction to the project which renders material part thereof
FOR PARTITION unit for its use pr
prior
ior thereto, the project has not been rebuilt or repaired substantially to its state
prior to its damage or destruction, or
b) That damage or destruction to the project has rendered one -half half or more of the units therein
untenantable and that condominium o owners
wners holding in aggregate more than thirty percent
interest in the common areas are opposed to repair or restoration of the project; (c) That the
project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that
condomin
condominiumium owners holding in aggregate more than fifty percent interest in the common areas
are opposed to repair or restoration or remodeling or modernizing of the project; or
(d) That the project or a material part thereof has been condemned or expropriated an d that the
project is no longer viable, or that the condominium owners holding in aggregate more than

seventy percent interest in the common areas are opposed to continuation of the condominium
regime after expropriation or condemnation of a material porti on thereof; or
(e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly
registered in accordance with the terms of this Act, have been met (Sec 8).
Page 27 of 276
LEGAL
IMPLICATIONS OF A
CO-OWNER’S IDEAL
SHARE
EACH CO- To share in the fruits and benefits.

OWNER HAS
THE RIGHT
To alienate, mortgage, or encumber and dispose of his ideal share (but in case ideal share is sold
to a third person, other co
co-owners
owners may exercise right of legal redemption.
To substitute another per

person in the enjoyment of the thing.
To renounce part of his interest to reimburse necessary expenses incurred by another co -owner
(Art. 488)
EFFECT OF Limited to his share in the partition

SUCH
TRANSACTION Transferee does not acquire a
any specific portion of whole
property until partition.
EXTINGUISHMENT

OF CO-OWNERSHIP TOTAL MERGER OF ACQUISITIVE By a third person
DESTRUCTION ALL INTERESTS PRESCRIPTION
OF THING IN ONE PERSON
By one co-owner
co as against
the other co-owners
co
Page 28 of 276
1. Unequivocal
ivocal acts of repudiation of co
co-ownership (acts amounting to ouster of other
co-owners) known to other co-owners
owners and shown by clear and convincing evidence.
2. Open and adverse possession, not mere silent possession for the required period of
extraordinary
y acquisitive prescription.
3. The presumption is that possession by coco-owner is not adverse.
POSSESSION
DEFINITION • It is the holding of a thing or the enjoyment of a right, whether by material occupation
Asked in 07 or by the fact that the thing or the right is subjected tto
o the action of our will.
• It is a real right independent of and apart from ownership i.e., the right of possession
(jus possessionis) as distinguished from the right to possess (jus possidendi).
ESSENTIAL Holding or control of a thing or right (corpus)) consists of either

REQUISITES
• The material or physical

• Exercise of a right
• Constructive holding
Intention to possess (animus possidendi)
1st degree: Mere holding or possession without title whatsoever and in

DEGREES OF
violation of the right of the owner, e.g., possession of a thief or a usurper
HOLDING OR
of land
POSSESSION
2nd degree: Possession with juridical title but not that of ownership, e.g.,
possession of tenant, depository, agent, bailee, trustee, lessee and
antichretic
ichretic creditor. This degree of possession will never ripen into full
ownership as long as there is no repudiation of concept under which the
property is held.
Chapter V. Possession
3rd degree: Possession with just title or title sufficient to transfer
ownership, but did not proceed from the true owner, e.g., possession of a
Page 29 of 276
vendee from vendor who pretends to be the owner.
4th degree: Possession with just title from the true owner. The delivery of
possession transfers
ers ownership, and strictly speaking, is the jus
possidendi.
CASES OF Possession for oneself or possession exercised in one’s own name, and
POSSESSION possession in the name of another (Art. 524).
Possession in the concept of an owner, and possession in the concept

of a holder with the ownership belonging to ano
another (Art. 525).
Possession in good faith (which happens when a person is not aware

that there exists in his title or mode of acquisition any flaw which
invalidates it) and possession in bad faith (awareness of the flaw).
Mistake upon a doubtful or diffi
difficult
cult question of law may be the basis
of good faith (Art. 526).
WHAT THINGS OR Only things or rights susceptible of appropriation may be the object of
RIGHTS MAY BE possession (Art. 530).
POSSESSED?
WHAT THINGS OR Res comm

communes
RIGHTS MAY NOT
BE POSSESSED? Property of public dominion
Right under discontinuous and/or non

non-apparent
easement
ACQUISITION OF
POSSESSION
MATERIAL OCCUPATION OF THE THING
i) The doctrine of constructive possession
WAYS OF ii) inclu
includes constructive delivery
Page 30 of 276
ACQUIRING 1. TRADITIO BREVI MANU (things already in transferee’s hands, e.g.,

POSSESSION under a contract of lease, then delivered under a sale)
(Art. 531) 2. TRADITIO CONSTITUTUM POSSESSORIUM (thing remains in transferor’s
hands, e.g., sale, then retained under a commodatum)
ACQUISITION OF
POSSESSION
WAYS OF B. SUBJECTION TO THE ACTION OF OUR WILL

ACQUIRING… i) Includes traditio longa manu and traditio simbolica
C. PROPER ACTS AND LEGAL FORMALITIES

Refers to the acquisition of possession by sufficient title, inter vivos or mortis
causa
causa, lucrative or onerous.
Examples: Donations, succession (testate or intestate),, contracts, judicial writs of
possession, writ of execution of judgments, execution and registration of public
instruments
By same person; elements of personal acquisition

BY WHOM
By his legal representative
POSSESSION
By his agent
MAY BE
ACQUIRED By any person without any power whatsoever but subject to ratification, without
prejudice to proper case of negotiorum gestio (Art. 2144, 4129, 2150).
Qualifiedly, minors and incapacitated persons, but they should be assisted by their
legal representative in order to exercise rights arising from possession. (Art. 535).
WHAT DO NOT Acts merely tolerated (Asked in 80)

AFFECT Acts executed clandestinely and without the knowledge of the possessor
POSSESSION Acts by violence as long as possessor objects thereto, i.e., he files a case (Art. 537).
(Arts. 537, 1119)
GENERAL RULE: Possession cannot be recognized in two different personalities, except in
RULES TO SOLVE cases of coco-possession by co-possessors
possessors without conflicting claims or interest.
CONFLICT OF In case of conflicting possession, preference is given to:
POSSESSION Present possessor or actual possessor
Page 31 of 276
(Art. 538) Iff there are two or more possessors, the one longer in possession
If dates of possession are the same, the one who presents a title
If all conditions are equal, the thing shall be placed in judicial deposit pending
determination of possession or ownership through proper proceedings.
EFFECTS OF
EFFECTS OF
POSSESSION
POSSESSION
In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has a right to be protected in or restored to said po possession
ssession (Art. 539).
RIGHT TO BE 1. ACTIONS TO RECOVER POSSESSION
RESPECTED IN i. Summary proceedings – forcible entry and unlawful detainer. Plaintiff may ask for writ of
HIS preliminary mandatory injunction (within 10 days from filing of complaint for forcible entry,
POSSESSION Art. 539). Al
Also,
so, Art. 1674: In ejectment cases where an appeal is taken the remedy granted in
Article 539, second paragraph, shall also apply, if the higher court is satisfied that the
lessee's appeal is frivolous or dilatory, or that the lessor's appeal is prima facie meritorious.
The period of ten days referred to in said article shall be counted from the time the appeal is
perfected.
ii. Acción publiciana (superior right of possession, not of ownership)
iii. Action for replevin ((possession of movable property)
iv. Lawful possessor can also employ selfself-help (Art. 429).
ENTITLEMENT FRUITS GATHERED OR SEVERED

TO FRUITS POSSESSOR IN GOOD FAITH – He makes the fruits his own until possession is legally
Asked in 08 interrupted (Art. 544).
POSSSESSOR IN BAD FAITH – He e must pay not only for the fruits received but also those
that the owner might have received had he been in possession (Art. 549) less the expenses of
production, gathering and preservation of fruits (Art. 443). Also, reimbursement for necessary
expenses (Art. 546 par. 1).
B. FRUITS PENDING OR UNGATHERED BY
POSSESSOR IN GOOD FAITH TURNED BAD FAITH – is entitled to the following (Art. 545):
For natural or industrial fruits:
1. Prorating of cultivation expenses.
2. Prorating of net proceeds of the crop iin proportion to the time of possession (on the
basis of the agricultural year.)
For civil fruits:
Page 32 of 276
3. Prorating on daily basis of civil fruits and charges (includes al l kinds of taxes, pensions
for annuities, interest on mortgages, etc.)
4. Owner’s optio
option:
n: 1) To permit the possessor in good faith to finish cultivation and the
collection of fruits in lieu of indemnity. If latter refuses this concession, he loses right to
indemnity in any other matter (Art. 545 par. 3).
POSSESSOR IN BAD FAITH – loses the pending nding fruits and the expenses of cultivation (Art.
449)
EFFECTS OF
POSSESSION A. NECESSARY EXPENSES (needed for the preservation of the property, without which the thing
would physically deteriorate or be lost).
REIMBURSE 1. Any possessor (in good or in bad faith) is entitled to reimbursement (Art. 546).
-MENT FOR 2. Only the possessor in good faith is entitled to right of retention.
EXPENSES N.B.: Taxes are charges, not necessary expenses ((Cabigao v. Valencia, 53 3 Phil. 646).
Asked in 77,
78, 83, 84, B. USEFUL EXPENSES (increase the productivity or raise the value for every subsequent
96, 99, 00 possessor, e.g., an irrigation system).
POSSESSOR IN GOOD FAITH - If owner chooses to acquire improvements, he must reimburse
possessor the useful expenses ((Art. 546).
Manner of reimbursement: the owner has the option to 1) pay the original cost of the improvement or
2) pay the increase in the value (“plus value’) of property due to the improvement.
But the possessor in good faith is entitled to 1) right of retention until paid or 2) to remove the
improvements, if it can be without damage to the principal, unless owner chooses to acquire it upon
payment of plus value or amount expended is made (Art. 547).
POSSESSOR IN BAD FAITH - He loses the improvements without hout reimbursement (Art. 449).
Improvements made by the purchaser in execution sale during the one -year year period of redemption
(Flores v. Lim,, 50 Phil. 738) with intent to prevent redemption, come under this rule. Also, by
purchaser of homestead within the 5-year year prohibited period once notified of the redemption (Felices
( v.
Iriola, 103 Phil. 125)
C. ORNAMENTAL (pure luxury or mere pleasure) EXPENSES (which add to the value of the thing
only for certain types of persons, but not others, Art. 548).
POSSESSOR IN GOOD FAITH – He has no right to reimbursement. Possessor has option to remove if
principal thing suffers no injury, unless owner chooses to pay amount expended (Art. 548). The
owner has the option to either 1) retain the ornament by refunding the amount sp ent or 2) permit the
possessor to remove the ornament provided the principal thing is not injured (to the extent of
impairing its value or of requiring extraordinary repairs).
POSSESSOR IN BAD FAITH – He has no right to reimbursement. But has limited right righ of removal,
unless owner chooses to acquire ornament by paying its value at time he enters possession (Art. 549).
Page 33 of 276
The owner may do the abovementioned acts.
D. USEFUL IMPROVEMENTS NO LONGER EXISTING – No reimbursement (Art. 553).

E. NECESSARY EXPENSES – Even if unsuccessful or no longer existing, must be reimbursed.
F. IMPROVEMENTS DUE TO NATURE OR TO TIME – No reimbursement. They accrue to the
benefit of the lawful possessor (Art. 551).
EFFECTS OF
POSSESSION
RESPONSIBILITY POSSESSOR IN GOOD FAITH – He is not liable for deterioration or loss unless acting
FOR LOSS with fraudulent intent or negligence, after summons.
Asked in 77, 78, POSSESSOR IN BAD FAITH – He answers for the loss or deterioration even if due to
83, 84, 96, 99, 00 force majeure (Art. 552, par. 2).
IN THE CONCEPT • Possession may by lapse of time ripen into full ownership, subject to certain exceptions.
OF OWNER • Presumption of just title and possessor cannot be obliged to show or prove it (Art. 541);
exception
ception (Art. 1131).
• Possessor may bring all actions necessary to protect his possession except acción
reivindicatoria
reivindicatoria.
• May employ self
self-help under Art. 429, if a lawful possessor
• Possessor may ask for inscription of such real right of possession in the Registry of
Property.
• Has right to the fruits and reimbursement of expenses (assuming he is a possessor in
good faith)
• Upon recovery of possession of which he has been unlawfully deprived he may demand the
fruits and damages.
• Generally, he can d do
o on the things possessed everything that the law authorizes an owner
to do until he is ousted by one who has a better right.
• Possession in good faith and possession in bad faith (Art. 528). Mistake upon a doubtful
or difficult question of law can be a b
basis
asis of good faith (Art. 526, par. 3)
POSSESSION OF
MOVABLE • Possessor has actual title which is defeasible only by true owner
ACQUIRED IN • One who has lost a movable or has been unlawfully deprived thereof may recove r it
GOOD FAITH IS
Page 34 of 276
without reimbursement, except if possessor acquired it at a public sale.

EQUIVALENT TO
TITLE
PRESUMPTIONS IN FAVOR
OF POSSESSOR
GOOD FAITH Party who alleges bad faith must prove it.
UNTIL CONTRARY
IS PROVED (Art.
527).
CONTINUITY OF Art. 528 – Possession acquired in good faith does not lose
se his character except in the case
INITIAL GOOD and from the moment facts exist which show that the possessor is not unaware that he
FAITH possesses the thing improperly or wrongfully.
ENJOYMENT OF Art. 529 – It is presumed that possession continues

ntinues to be enjoyed in the same character
POSSESSION IN in which it was acquired, until the contrary is proved.
SAME CHARACTER
NON-
INTERRUPTION Art. 554 – A possessor who shows his possession at some previous time is presumed to
OF POSSESSION have held possession also during the iintermediate
ntermediate period, in the absence of proof to the
contrary (see Arts. 1120 – 1124).
CONTINUITY OF Art. 1138 par. 2 – It is presumed that the present possessor who was also the possessor
POSSESSION at a previou
previouss time, has continued to be in possession during the intervening time, unless
there is proof to the contrary.
Page 35 of 276
TACKING OF Art. 1138 par. 1 – The present possessor may complete the period necessary for
POSSESSION prescription by tacking his possession to tthat
hat of his grantor or predecessor in interest.
PRESUMPTIONS IN
FAVOR OF
POSSESSOR
OTHER • Extension of possession of real property to all movables contained therein so long
PRESUMPTIONS as it is no
nott shown that they should be excluded; exceptions (Art. 426).
WITH RESPECT TO • Non
Non-interruption
interruption of possession of hereditary property (Arts. 533 and 1078)
SPECIFIC • Just title in favor of possessor in concept of owner (Art. 541, but see Art. 1131)
PROPERTIES OF
PROPERTY RIGHTS
LOSS OF
POSSESSION
ABANDONMENT It is the loss of hope and intent to recover the thing.
ASSIGNMENT It may be onerous or gratuitous.

TO ANOTHER
DESTRUCTION, TOTAL
LOSS OR THING GOES
OUT OF COMMERCE
But Art. 537 provides: Acts merely tolerated, and those executed
clandestinely and without the knowledge of the possessor of a thing, or
POSSESSION BY
by violence, do not affect possession.
ANOTHER, IF
• Tolerance means permission. Silence or inaction
action is not tolerance but
POSSESSION HAS
negligence and will not bar adverse possession (Manresa).
LASTED MORE THAN A
Page 36 of 276
EFFECT OF RECOVERY: The possessor who recovers possession is

YEAR, REAL RIGHT OF
considered as having had uninterrupted possession despite these acts
POSSESSION NOT
of violence, stealth or tolerance; but he must recover possession by due
LOST UNTIL AFTER 10
process and not otherwise (Arts. 561, 536, 539)
YEARS
QUIETING OF TITLE
DEFINITION An action to quiet the title to property or to remove a cloud thereon is a remedy or
form of proceeding originating in equity jurisprudence wh which
ich has for its purpose an
adjudication that a claim of title to or an interest in property, adverse to that of the
complainant, is invalid, so that the complainant and those claiming under him may
forever afterwards be free from any danger to the hostile claim. (Tolentino)
DIFFERENCES An action to quiet title, strictly considered, is substantially an action for the
BETWEEN ACTION purpose of putting an end to vexatious litigation in respect to the property involved.
TO QUIET TITLE
AND ACTION TO An action to remove cloud is intended to procure the cancellation, delivery of,
REMOVE A CLOUD release of an instrument, encumbrance, or claim constituting a claim on plaintiff’s
OR TO PREVENT A title, and which may be used to injure or vex him in the enjoyme nt of his title.
CLOUD
In an action to quiet title, plaintiff asserts his own estate and declares generally
that defendant claims some estate in the land, without defining it, and avers that
the claim is without foundation and calls on the defendant to set for t the nature of
his claim, so that it may be determined by decree.
Chapter VI. Quieting of Title

In a suit to remove cloud, plaintiff not only declares his own title, but also avers the
source and nature of defendant’s claim, points out its defects, and prays that it be
declared void.
Page 37 of 276
PRESCRIPTION OF
Imprescriptible if plaintiff is in possession; if not, prescribes within period for filing
ACTION
accion publiciana
publiciana, accion reivindicatoria
WHO ARE ENTITLED An action for the reformation of an instrument, to quiet ti tle to real property or
TO BRING ACTION? remove clouds therefrom, or to consolidate ownership under Article 1607 of the Civil
Code, may be brought under this Rule. (Rule 64 Sec. 1 par. 2, Rules of Court)
NOTES:
1. There is a cloud on title to real property or any inter

interest
est to real property (Art. 476).
2. Plaintiff has legal or equitable title to or interest in the subject/real property.
3. Instrument record claim, etc. must be valid and binding on its face but in truth
and in fact invalid, ineffective, voidabale and un
unenforceable .
4. Plaintiff must return benefits received form defendant.
Chapter VI. Quieting of Title

Page 38 of 276
USUFRUCT
It is a real right, temporary in character, that authorizes the holder to enjoy all advantages
DEFINITION derived from a normal exploitation of another’s property, according to it s destination or
purpose, and imposes the obligation of restoring, at the time specified, either the thing itself
or its equivalent (De Buen).
CHARACTERISTICS • Real right

• Temporary duration
• Derivation of all advantages from the thing d
due to normal exploitation
COMPARED WITH AS TO THE OBJECT Usufruct may involve real or personal property whether corporeal or
SERVITUDES incorporeal; servitudes may only involve real property by nature under
Art. 415 (1) and (8).
BY THE EXTENT OF
ENJOYMENT Usufruct covers all the uses of a thing; servitudes are limited to a
particular use.
BY THE NATURE OF Usufruct is always a real right; lease may create a real or quasi-real
quasi
THE RIGHT right (if recorded in registry of property) or a personal right.
COMPARED WITH
LEASE BY THE CREATOR OF The person constituting the usufruct must be the owner; he who
THE RIGHT constitutes a lease need not be an owner (may be constituted
const by
another lessee or a usufructuary.
Usufruct involves a more or less passive owner who allows the

BY THE CAUSE usufructuary to enjoy the thing; lease involves a more active owner or
lessor who makes the lessee enjoy the thing.
Chapter VII. Usufruct

BY THE EXTENT OF Usufruct generally covers all the
he utility of which the thing is capable;
ENJOYMENT lease generally covers a particular utility.
BY ITS ORIGIN Usufruct may be created by law, stipulation or by prescription; lease

Page 39 of 276
may only be created by the will of the parties in a contract.
AS REGARDS A usufructuary pays for ordinary repairs

epairs on property (capital) held in
REPAIRS AND TAXES usufruct and taxes on the fruits; these are generally not borne by a
lessee.
CLASSES Voluntary Inter vivos a) by alienation of the usufruct (Art. 1403 par. 2 e)
b) by retention of the usufruct (alienation of naked ownership)
2. Mortis causa NOTE: Where a usufruct is constituted inter vivos and for valuable
consideration, the contract is unenforceable unless in writing (Statute of Frauds, Art. 1403
BY ORIGIN e).
Legal The usufruct of parents overr the property of their children (Art. 321 CC); Compare with
effect of Art. 226 FC.
MIxed Usufruct acquired by prescription.
BY PERSON Simple One usufructuary Simultaneous Usufructs constituted

constit in
ENJOYING enjoys it. this manner can not go
RIGHT OF beyond limits laid down by
USUFRUCT Multiple Several usufructuary Successive Arts. 756, 863 and 869)
enjoy it.
IN DONATION: Ownership of property may be donated to one person and the usufruct to another or others, provided all
the donees are living at the time of the donation (Art. 756).
2. IN TESTAMENTARY SUCCESSION: If the testator gives a usufruct to various persons successively, the provisions on
FIDEICOMMISSARY SUBSTITUTION (Art. 863) shall apply (Art. 869) (Not more than two successive usufructs by
usufructuaries living at the testator’s death and does not go beyond one degree from fiduciary.).
BY OBJECT OF Rights These should not be personal or intransmissible in

character (Art. 564)

USUFRUCT
Things Normal Usufructuary preserves form and substance of thing in usufruct

and returns same.
Page 40 of 276
Abnormal, Usufructuary may consume or alienate property but returns

Irregular either appraised value or another thing of same kind, quantity or
quality (Art. 574) (e.g.,food, sterile animals or money [Alunan
[ v.
Veloso 52 Phil. 545])
CLASSES Involving all the fruits of a
Total
thing.
BY THE Fruits Partial Involving a part only (Art. 564).

EXTENT OF
THE USUFRUCT
Constituted over a universal property, e.g. the
Object Universal entire
e patrimony of a person (Art. 598).
Singular Constituted over individual things or rights.
BY THE TERMS
OF THE
USUFRUCT Pure Conditional With a term (period) (Art. 564)
BUNDLE OF RIGHTS
GIVEN TO
USUFRUCTUARY Jus Utendi Jus Fruendi Jus Possidendi Jus Abutendi and Jus Disponendi
(Only in abnormal usufructs)
SUBJECT MATTER
Real (immovable) or Personal (movable); Corporeal or Incorporeal
OF REAL RIGHTS
RIGHTS OF USUFRUCTUARY • Fruit consists of natural, industrial and civil fruits.

Asked in 96 • As to hidden treasure, usufructuary is considered a stranger (Art. 566); he is entitled
to half of it as a finder (Art. 438).
• Fruits pending at the beginning of usufruct belong to the usuf ructuary, without

reimbursement of expenses to owners, but also without prejudice to rights of third
AS TO THE Possession persons (Art. 567)
THING AND ITS and • Fruits pending at its termination belong to the owner. The owner shall reimburse to
FRUIT Enjoyment the usufructuary ordinary cultivation expenses for seed and other similar expenses from
Page 41 of 276
the proceeds of the fruits (not to exceed the value of the fruits).
• Civil fruits accrue daily and are prorated according to time (Arts. 569, 568). There is no
prorating of natural or industrial fruits.
• To enjoy any y increase through accessions and servitudes, including products of
hunting and fishing (Art. 571).
RIGHTS OF USUFRUCTUARY
Asked in 96
AS TO THE Right to lease • Ordinarily, the lease should be for the same (or shorter) period as usufruct. The
THING AND ITS the thing (except end of the usufruct is the end of the lease, except in leases of rural lands, which
FRUITS in: subsists only for the remainder of the agricultural year (Art. 572). Rents shall be
purely personal prorated between the usufructuary and the (naked) owner.
usufructs; • The usufructuary, not the naked owner, has the right to choose the tenant
title creating it (Fable v. David, 75 Phil. 536)
prohibits; • But the usufructuary answers for the lessee’s
ee’s injurious acts (Art. 590).
usufructuary
uctuary • The usufructuary may make on the property held in usufruct such useful
takes improvements or expenses for mere pleasure as he may deem proper, provided
possession he does not alter its form or substance; but he shall have no right to be
under a caucion indemnified
ndemnified therefor. He may, however, remove such improvements, should it be
juratoria) possible to do so without damage to the property (Art. 579).
AS TO THE Right to mortgage

LEGAL RIGHT the right of usufruct
OF USUFRUCT (Art. 572)
ITSELF
Right to alienate the Except in purely personal usufructs, or when title constituting it prohibits
usufruct the same, or he takes it under a caucion juratoria.
RIGHTS OF THE AT THE See Obligations of Usufructuary at the

NAKED OWNER BEGINNING OF Beginning of Usufruct
Asked in 96 THE USUFRUCT

DURING THE 1. Retention of title to the thing or property
USUFRUCT 2. Alienation of the property
Page 42 of 276
EXCEPTIONS: a) No alteration of form or substance of the thing

b) No action prejudicial to the usufructuary
usufruct (Art. 581)
3. Construction of buildings, addition of improvements and plantings
PROVIDED: a) the value of the usufruct is not impaired
b) rights of the usufructuary are not prejudiced.
OBLIGATIONS OF USUFRUCTUARY
Asked in 96
1. Requisites of Inventory: a) condition of immovables must be described.
b) Movables must be appraised.
AT THE To make an EXCEPTIONS: i. No one will be injured thereby (Art. 585). ii. Title
BEGINNING OF inventory constituting usufruct excused the making of inventory. iii. Title
THE USUFRUCT constituting usufruct already makes an inventory.
OR BEFORE ITS 2. Form: Any form except when immovables are involved, when a public
instrument
nstrument is prescribed (Art. 1358) to affect third persons.
EXERCISE
3. Failure to make inventory: Usufructuary is presumed to have taken
possession of thing in usufruct as a complete set and in good condition.
To give a bond for EXCEPTIONS: i. No one will be prejudiced (Art. 585) ii. Usufruct is reserved by donor (Art. 584). iii.
the faithful Title constituting usufruct excused usufructuary. iv. In case of Caución juratoria (Bond by oath)
performance of
duties as
usufructuary If Caución juratoria is available, the usufructuary claims necessary furniture, a dwelling for himself and
his family, impl
implements necessary for his trade.
He executes an affidavit under oath to take care of the things and restore them (Art. 587)
EFFECT: He cannot assign the right of usufruct nor lease the thing under usufruct.
1. Effect of filing a bond: Usufructuary is entitled to possession of thing given in usufruct. The usufructuary is entitled
to all the fruits from the time he should have begun to receive them (Art. 588).
2. Effect of failure to give bond:
A. The owner shall have the following options: a) Receivership of realty, sale of movables, deposit of securities, or
investment of money or b) Reten
Retention of the property as administrator.
B. The net product (fruits) less administration expenses, fixed by agreement or by the Court, shall be

delivered to the usufructuary.
C. The usufructuary can not collect credits due, or make investm ents of the capital without the consent of
the owner or of the Court (Art. 599) until the bond is given.
Page 43 of 276
DURING THE To take care of the 1. When damages are caused to the property by the fault or negligence of the
USUFRUCT thing as a good usufructuary, the naked owner need not wait for the termination of the usufruct
father of the family before bringing the action to recover the proper indemnity
indemni (Sánchez Román)
(Art. 589). 2. Abusive acts entitle the owner to demand its administration, subject to the
usufruct (Art. 610).
OBLIGATIONS OF USUFRUCTUARY
Asked in 96
• Ordinary repairs are those required by the wear and tear suffered by the thing in
usufruct due to 1) natural use of thing and 2) indispensable to its preservation
DURING THE To undertake • If the usufructuary fails to make ordinary
y repairs, the owner may, after demand,
USUFRUCT ordinary repairs (Art. make them at the usufructuary’s expense.
592).
• Extraordinary repairs are 1) those required by exceptional circumstances, whether

To notify owner of or not necessary for the thing’s preservation or 2) those required by natural use but
need to undertake not indispensable for preservation (Art. 594 par. 1) (Manresa)
extraordinary repairs • If naked owner undertakes extraordinary repairs, legal interest must be paid by the
(Art. 593). usufructuary on the amount, while the usufruct lasts (Art. 594 par. 1). This means
that the usufructuary cannot compel the owner to make extraordinary repairs.
• Extraordinary repairs may be made by the usufructuary (if indispensable and the
owner fails) but: a) The usufructuary may demand the he plus value at the
To answer for fault or end of the usufruct (Art. 594 par. 2) and b) He may retain the property until he is
negligence of alienee, reimbursed (Art. 612).
lessee or agent of
usufructuary (Art.
590).
To pay for annual HOWEVER, the naked owner pays taxes directly on the capita l, includes real estate
charges and taxes on taxes
the fruits (Art. 596). • IF paid by the OWNER, he is entitled to interest on the payment (Art. 597).
• IF paid by the USUFRUCTUARY, the latter is entitled to reimbursement at
termination, with a right of retention (Art. 612).
To notify owner of
any act detrimental If he fails to do so, he shall be liable for damages, as if they had been caused
to ownership (Art.

through his fault (Art. 601).
601).
To shoulder the costs

Page 44 of 276
of litigation re
usufruct (Art. 602).
AT To deliver the thing given in usufruct to naked owner, now full owner, in the
TERMINATION condition he received them after having undertaken ordinary repairs.
OF USUFRUCT
SPECIAL CASES OF
USUFRUCT
• Each payment shall be considered as fruits.
• The distribution
ibution of benefits (dividends) of industrial or commercial enterprises shall also be deemed fruits. Dividends
USUFRUCT OVER declared by a stock corporation, whether cash or stock dividends, stock dividends belong to the usufructuary
A PENSION OR (Bachrach v. Siefert)
PERIODICAL • Apportionmen
Apportionmentt shall be on the basis of the ordinary rules governing civil fruits i.e., civil fruits accrue daily
INCOME (Art. 570)
• The usufructuary takes over the owner’s place as to 1. MANAGEMENT, 2. FRUITS and 3. INTEREST.
USUFRUCT OF
• After partition, the usufruct is transferred to the part allotted to the owner for the entire period alloted to the
PROPERTY
usufruct.
OWNED IN
COMMON (Art.
582) • On STERILE stock: the same rules on fungible property govern
• On FRUITFUL stock: 1. Replace the animals that die from natural causes or rapacity of beasts of prey with
USUFRUCT OF the young. 2. If a part of the stock perishes by accident w/o usufructuary’s fault, the usufruct subsists on the
HEADS OF CATTLE remainder. 3. If all perish w/o usufructuary’s fault, the remains of animals saved are delivered to the owner
(Art. 591) (loss due to contagious diseases or any unco
uncommon event).
If woodland is a copse or consists of timber for building: usufructuary may do ordinary cutting or felling as the owner
nd
was in the habit of doing. (Art. 577 2 par.) In any case, felling/cutting of trees shall be made in such manner as not
rd
to prejudice the preservation of the land (Art. 577 3 par.)
USUFRUCT OVER In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may
VINEYARDS AND properly grow ( Art. 577, 4 th par.)
WOODLANDS (Art. • May apply to tree plantations in private lands, not to woodlands in forests or public lands.
577) • This is rarely applied because of the Constitution’s Regalian doctrine and provisions of FTAs with DENR.
• The usufructuary follow the owner’s practices and if none, the custom of the place should be observed.
USUFRUCT OVER Usufructuary has right to the fruits produced

FRUIT-BEARING Right to make use of dead trunks and those cut off or uprooted by accident, under the obligation to
TREES OR replace them with new plants. ( Art. 575)
SHRUBS ( Art. 575- Iff a considerable number of trees or shrubs shall have disappeared because of a calamity/extraordinary
576) event, and replacement is impossible or too burdensome, usufructuary may leave the dead, fallen or
Page 45 of 276
uprooted trunks at the owner’s disposal, and demand th that

at the latter remove them and clear the land.
USUFRUCT ON A
• Usufructuary may compel the owner to support the action with the proofs he may have.
RIGHT OF ACTION
• After the property is recovered, the usufruct is upon the thing thus recover ed.
(Art. 578)
SPECIAL CASES OF
USUFRUCT
USUFRUCT ON
• The owner is liable for damages in case of foreclosure.
MORTGAGED
• The usufructuary is not liable for mortgage debts.
PROPERY (Art.
600)
GENERAL RULE: If at the time of cons constitution,
titution, owner has debts, the usufructuary is not liable for the
owner’s debts if there is no stipulation re payment of debt (Art. 579) EXCEPT when the usufruct is
USUFRUCT OVER constituted in fraud of creditors.
AN ENTIRE However, when it is so stipulated: i) The usufructuary shall be liable for debts previously contracted and
PATRIMONY (Arts. specified;
598, 758, 759) ii) if there is no specification, he is liable only for incurred by the owner
before the usufruct was constituted and
iii) only up to extent of value of usufruct
USUFRUCT OVER • The usufructuary may use it in accordance with the purpose intended.
DETERIORABLE • He is not obliged to return the thing except in its condition at the termination of the usufruct after
PROPERTY (Art. undertaking
taking ordinary repairs.
573) • The usufructuary must indemnify the owner for deterioration due to the former’s fraud or negligence.
USUFRUCT OF • If the things were appraised at delivery, the usufructuary must pay their appraised value at the
CONSUMABLE termination of the usufruct.
PROPERTY OR • If they are not appraised, he must return the same kind and quality or pay the current price at the

ABNORMAL expiration of the usufruct.
USUFRUCT • In reality, the nature of the transaction is that of simple loan.
(Art. 574)
Page 46 of 276
EXTINGUISHMENT OF USUFRUCT
Asked in 77, 78, 89
Applicable to life usufructs or there is no resolutory condition or period for usufruct

DEATH OF
• For simultaneou
simultaneous s usufructs, It ends at the death of the last survivor. (Art. 611)
USUFRUCTUARY
EXCEPTION: When a contrary intention clearly appears (Art. 603).
EXPIRATION OF • In favor of juridical persons, the period cannot exceed 50 years (Art. 605).
THE PERIOD OR • The period and resolutory condition must be recorded to prejudice strangers.
FULFILLMENT OF • If usufruct is granted until a third person attains a certain age, e.g. until the 30 th birthday of
THE RESOLUTORY usufructuary’s son, usufruct subsists until such child reaches 30 years old even if he dies before his 30 th
CONDITION birthday, unless expressly granted only in consideration of existence or life of such son. (Art. 606).
MERGER OF
RIGHTS OF
USUFRUCT AND
NAKED
OWNERSHIP IN
ONE PERSON
• It must be express and does not need the owner’s consent.

RENUNCIATION OF
• If made e in fraud of creditors, the waiver may be rescinded by them through action under Art. 1381.
USUFRUCT • If the right of usufruct is mortgaged, the mortgage lasts until its payment, or the expiration of the period
of usufruct.

TERMINATION OF
RIGHT OF PERSON
Page 47 of 276
CONSTITUTING e.g. Usufruct constituted by a vendee a retro terminates upon redemption.

THE USUFRUCT
EXTINGUISHMENT
OF USUFRUCT • If destroyed property is insured before the termination of the usufruct (Art. 608)
1. When
hen insurance premium paid by owner and usufructuary (Art. 608 par. 1)
EXTINCTION OR a) If owner rebuilds, usufruct subsists on new building
LOSS OF THE b) If owner does not rebuild interest upon insurance proceeds paid to usufructuary.
PROPERTY 2. When the insurance taken by owner o only
nly because usufructuary refuses (Art. 608 par. 2)
a) Owner entitled to insurance money (No interest paid to usufructuary).
b) If he does not rebuild, usufruct continues over remaining land and/or owner may pay
interest on value of both (Art. 607)
607).
c) If owner rebuilds, usufruct does not continue on new building, but owner must pay interest
on value of land and old materials.
3. When insurance taken by usufructuary only depends on value of usufructua ry’s insurable interest
(not provided for in the Civil Code).
a) Insurance proceeds to usufructuary
b) No obligation to rebuild
c) Usufruct continues on the land
d) Owner does not share in insurance proceeds
• If destroyed property is not insured (Art. 607)
1. If building forms part of an immovable under usufruct
a) The usufruct continues over the land and the remaining materials.
2. If the usufruct is on the building only
a) If the owner does not rebuild, the usufruct continues over the land and remaining materials.
b), If th
thee owner rebuilds, usufructuary must allow owner to occupy the land and to make use of
materials; but the owner must pay interest on the value of both the land and the materials.
CASES COVERED: 1. If third party acquires ownership of thing

PRESCRIPTION 2. Property in usufruct or right of ownership lost through prescription
3. Right of usufruct not begun within prescriptive period

4. Tacit abandonment
5. Non-user off thing held in usufruct for the required period
Page 48 of 276
Expropriation of thing in usufruct (Art. 609)

WHAT DO NOT Bad use of thing in usufruct (Art. 610)
CAUSE Usufruct over a building (Art. 607, 608)
EXTINGUISHMENT
ACCESSION
DEFINITION It is the extension of ownership over a thing to whatever is produced by
something or incorporated or attached thereto naturally or artificially (with or
without labor of man) (Art. 440, CC). Incorporation means stable union or
adherence, not mere juxtaposition.
GENERAL
PRINCIPLES OF Accessory follows the principal. (The owner of the principal also owns the
ACCESSION accessions.)
applicable to both
accession continua
and accession No one shall be unjustly enriched at the expense of another.
discreta
Asked in 89 The owner of the principal
al thing owns the fruits, except in:
1) Possession in good faith
2) In usufruct
3) In lease
APPLICABLE TO 4) In antichresis
accession discreta
only
Whatever
er is built, planted or sown on the land of another, and the
improvements or repairs made thereon, belong to the owner of the land,
subject to the provisions on building, planting and sowing (Art. 445).
All works, sowing and planting are presumed made by owner and at his
APPLICABLE TO expense, unless the contrary is proven (Art. 446).
Chapter VIII. Accession

accession continua
alone (Asked in 89) Bad faith of one party neutralizes bad faith of the other (Art. 453 par. 1).
Bad faith involves liability for damages and other dire consequences (Art
Page 49 of 276
451).
Accessory is incorporated to the principal such that it cannot be separated

therefrom without damage, injury or destruction.
By internal forces (fruits)
KINDS:
CLASSIFICATION OF DISCRETA
NATURAL – spontaneous products of soil and the
ACCESSION
young and other products of animals (Art. 442, 1 st
par.)
INDUSTRIAL – produced by lands of any kind through
cultivation or labor (Art. 442, 2 nd par.)
CIVIL – rents of buildings, leases of lands, life
annuities and similar income (Art. 442, 3 rd par.)
CONTINUA By external forces (by incorporation or attachment.)

ACCESSION
CONTINUA
ARTIFICIAL OR
OVER INDUSTRIAL THREE SITUATIONS OF BPS
IMMOVABLES BUILDING, • Landowner is the BPS but uses materials owned by another – Art. 447
PLANTING, • BPS is not the owner of the land but BPS owns the materials – Arts. 448 – 454
SOWING (BPS) • BPS is not the owner of both the land and materials – Art. 455
OVER THREE TYPES

TYPES:
MOVABLES
• CONJUNCTION and ADJUNCTION (Process where 2 movables belonging to different owners are
attached to each other to form a single object)

• COMMIXTION (Solids) and CONFUSION (liquids and gases)
• SPECIFICATION ( Transforming/Giving of a new form to another’s material through labor)
WHO IS THE BPS? IN See Coleongco v. Regalado (92 Phil. 87) – The rules on BPS are inapplicable if the owner
ow of
Page 50 of 276
WHICH SITUATIONS land himself is the BPS (except in Art. 447)

THEY ARE
INAPPLICABLE?
MAIN INSTANCES OF BPS
Asked in 84, 87, 92, 99, 00, 01
A. BOTH LO AND
Apply Art. 448: The owner of the land on which anything has been built, sown o r planted in good faith,
BPS IN GOOD shall have the right to appropriate as his own the works, sowing or planting, after payment of the
FAITH indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of
the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to
buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay
reasonable rent, if the owner of the land does not choose to appr opriate the building or trees after proper
indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall
fix the terms thereof.
OPTIONS OF THE RIGHTS AND OBLIGATIONS OF BPS

LANDOWNER
ACQUIRE BPS RIGHT OF RETENTION UNTIL BPS IS PAID
Right to remain in possession
Right not to pay rental for use of land
No right to fruits; duty to account for fruits (Ortiz vs. Kayanan, 92 SCRA 146)
RIGHT TO DEMAND PAYMENT FOR VALUE OF BPS depending on whether the building, planting or
sowing is the result of a necessary, useful, or ornamental expense (Art. 546, 548)
SELL THE LAND BP MAY REFUSE TO BUY LAND IF VALUE OF LAND IS CONSIDERABLY MORE THAN BP
TO THE BP; Parties must then agree on terms of lease, if the LO does not wish to appropriate. If they cannot agree, the court will
LEASE THE LAND set the terms (Depra vs. Dumlao, 136 SCRA 475)
BPP MUST BUY LAND IF ITS VALUE IS NOT CONSIDERABLY MORE THAN BP. IF BP REFUSES TO PAY:
TO THE SOWER
1. BP loses right of retention;

2. Land and BP may be sold at public auction (Bernardo vs. Bataclan, 66 Phil 598);
3. Removal of BP (Ignacio vs. Hilario, 76 Phil. 605)
Nota Bene.: LO cannot refuse to choose. But what if he does not choose?
Page 51 of 276
Implied option: If BPS can be removed without damage or injury, they can be sepa rated
B. BPS IN BAD Apply Arts. 449 – 452.
FAITH; LO IN Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or
GOOD FAITH sown
own without right to indemnity.
Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may
demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in
their former con
condition
dition at the expense of the person who built, planted or sowed; or he may compel the
builder or planter to pay the price of the land, and the sower the proper rent.
Art. 451. In the cases of the two preceding articles, the landowner is entitled to damage s from the builder,
planter or sower.
Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses
of preservation of the land.
Options of the Landowner Rights and Obligations of BPS
Acquire BPS without payment

ayment of indemnity (Art. 449) Reimbursement for necessary expenses without any right
of retention
Removal/Demolition of BPS Spend for Removal
Require Builder/Planter to buy land; Lease land to No right to refuse even if value of land is considerably
consid

Sower more than Building/Planting
Demand damages in addition to exercising three Pay for damages

abovementioned options
Page 52 of 276
Require BPS to account for value of fruits received or Right to

o deduct expenses for production, gathering and
fruits LO could have received had he been in possession preservation of fruits (Art. 443)
(Art. 549)
MAIN INSTANCES OF
BPS
Apply Arts. 454 and 447. Art. 454 provides that the provisions of article 447 shall apply.
C. LO IN BAD Art. 447. The owner of the land who makes thereon, personally or through another, plantings,
FAITH; BPS IN constructions or works with the materials of another, shall pay their value; and, if he acted in bad
GOOD FAITH faith, he shall also be obliged to the reparation of damages. The owner of the ma terials shall have the
right to remove them only in case he can do so without injury to the work constructed, or without
the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith,
the owner of the materials may rem remove
ove them in any event, with a right to be indemnified for
damages.
OPTIONS OF LO RIGHTS AND OBLIGATIONS OF BPS
REQUIRE PAYMENT FOR MATERIALS PAY FOR MATERIALS

REMOVE MATERIALS LO CANNOT REFUSE EVEN IF IT WILL CAUSE
INJURY OR DAMAGE TO LAND
DEMAND DAMAGES IN ADDITION TO PAY FOR DAMAGES

EXERCISING OPTION 1 OR 2

D. BOTH BPS AND The rights of both shall be the same as if both had acted in
Page 53 of 276
LO IN BAD FAITH good faith. (Art. 453, 1 st par.) See options in part A.
OPTIONS OF THE RIGHTS AND OBLIGATIONS OF BPS
LANDOWNER
ACQUIRE BPS RIGHT OF RETENTION UNTIL BPS IS PAID

Right to remain in possession
Right not to pay rental for use of land
No right to fruits; duty to account for fruits (Ortiz vs. Kayanan, 92 SCRA 1 46)
RIGHT TO DEMAND PAYMENT FOR VALUE OF BPS
SELL THE LAND BP MAY REFUSE TO BUY LAND IF VALUE OF LAND IS CONSIDERABLY MORE THAN BP
TO THE BP; Parties must then agree on terms of lease, if the LO does not wish to appropriate. If they cannot agree, the
LEASE THE LAND court will set the terms (Depra vs. Dumlao, 136 SCRA 475)
TO THE SOWER BP MUST BUY LAND IF ITS VALUE IS NOT CONSIDERABLY MORE THAN BP. IF BP REFUSES TO PAY:
1. BP loses right of retention;
2. Land and BP may be sold at public aucti
auction
on (Bernardo vs. Bataclan, 66 Phil 598);
3. Removal of BP (Ignacio vs. Hilario, 76 Phil. 605)
Nota Bene.: LO cannot refuse to choose. But what if he does not choose?
SUPREME COURT Depra v. Dumlao 136 SCRA 475 and reiterated in Technogas
GUIDELINES IN Phils. Manufacturing Corp. v. CA 286 SCRA 5 (see appendix)
APPLYING ART. 448

DISCUSSION OF Ignacio v. Hilario 76 Phil. 605
Page 54 of 276
SUPREME COURT Pecson v. CA 244 SCRA 407

DECISIONS ON BPS Coleongco v. Regalado 92 Phil. 87
Sarmiento v. Agana 129 SCRA 122
Geminiano v. CA 259 SCRA 344
Pleasantville Dev’t Corp. v. CA 253 SCRA 10 (see appendix)
EASEMENT OR SERVITUDES
DEFINITION Easements or real servitudes is a real right which burdens a thing with a
prestation consisting of determinate servitudes for the exclusive enjoyment of a
person who is not its owner or of a tenement belonging to another, or, it is the
real right over an immovable by nature i.e., land and buildings, by virtue of
which the owner of the same has to abstain from doing or to allow somebody
else to do someth
something
ing in his property for the benefit of another thing or person.
ESSENTIAL It is a real right i.e., it gives action in rem or real action against any possessor of
FEATURES OF servient estate.
EASEMENTS/ REAL
SERVITUDES/
PRAEDIAL It is a right enjoyed over another ‘s property (jus in re aliena) i.e., it cannot exist in
SERVITUDES one’s own property (nulli res sua servit).
It is a right constituted over an immovable by nature (land and buildings), not over
movables.
Chapter IX. Easements or Servitudes

It limits the servient owner’s right of ownership for the benefit of the dominant
estate. The right given is right of limited
ted use, but no right to possess servient estate.
Being an abnormal limitation of ownership, it cannot be presumed.
It creates
s a relation between tenements, relation between dominant and servient
estate
It cannot consist in requiring the owner of the servient estate to do an act (servitus
in non faciendo), unless the act is accessory to a praedial servitude (obligation
Page 55 of 276
propter rem).
It is inherent or inseparable from the estate to which they actively or passively

belong (Art. 617).
ESSENTIAL Generally, it may consist in the owner of the dominant estate demanding that
FEATURES… the owner of the servient estate refrain from doing something (servitus in non
faciendo) or that the latter permit that something be done over the servient
property (servitus in patendo), but not in the right to demand that the owner
of the servient estate to do something except if such an act is an accessory
obligation to a praedial servitude.
It is intransmissible, i.e., it cannot be alienated separately from the tenement

affected or benefited.
It is indivisible (Art. 616).
It has permanence or is perpetual, i.e., once it attaches, whether used or not,

it continues and may be used at any time.
CLASSIFICATION
Asked in 77, 95, 98
• Real or Praedial – Imposed on a tenement for the benefit of another tenement of a
different owner
AS TO RECIPIENT • Personal (Ar
(Art. 614) – Imposed for the benefit of a person or community to whom the
OF BENEFITS servient estate does not belong

N.B. Under Roman Law, usufruct, together with usus, habitatio and operae servorum,
servorum
were classified as personal servitudes.
AS TO CAUSE OR
ORIGIN
• Legal, whether for public use or for the interest of private persons (Art. 634).
• Voluntary
AS TO ITS • Mixed (created by prescription)
EXERCISE (Art.
615) • Continuous – Use is or may be incessant without intervention of any act of man. (Art.
Page 56 of 276
615, (2))
• Discontinuous – Depends upon acts of man, and their usese is at long or short intervals
(e.g. right of way) (Art. 615 (3))
CLASSIFICATION
AS INDICATION OF • Apparent – Made known and continually kept in view by external signs which reveal its use and
ITS EXISTENCE enjoyment
ment (Art. 615, 4 th par.)
• Non-apparent
apparent – No external sign of existence (Art. 615, 5 th par.)
BY THE OBJECT
• Positive (Art. 616)
OR OBLIGATION
• Negative (Prescription starts to run from service of notarial prohibition)
IMPOSED
1) No one can have a s

servitude over his own property (nulli res sua servit).
GENERAL RULES
2) A servitude cannot consist in doing ((servitus
servitus in faciendo consistere nequit).
nequit
RELATING TO
3) There cannot be a servitude over another servitude (servitus servitutues esse non potest).
SERVITUDES
4) A servitude must be ex
exercised civiliter,, i.e., in a way least burdensome to the owner of the
land.
5) A servitude must have a perpetual cause.
MODES OF
ACQUIRING
EASEMENTS

Asked in 88
• All easements may be created by title or something equivalent to a title.
BY TITLE – If easement has been acquired but no document or proof of showing origin of easement is
JURIDICAL ACT available and easement is not susceptible of prescription, then:
(e.g. law, donations, • It may be cured by deed of rec
recognition by owner of servient estate or
contracts or wills) • By final judgment (Art. 623)
• Existence of an apparent sign considered a title (Art. 624).
Page 57 of 276
BY PRESCRIPTION Only continuous and apparent easements may be created by prescription.

RIGHTS AND
OBLIGATIONS OF
OWNERS OF
DOMINANT AND
SERVIENT ESTATES
RIGHT OF OWNER • To use the easement (Art. 626) and exercise all rights necessary for its use (Art. 625).
OF DOMINANT • To do at his expense, all necessary works for the use and prese rvation of the easement (Art. 627).
ESTATE • In a right of way, to ask for a change in width of easement sufficient for the needs of the dominant
estate (Art. 651).
OBLIGATIONS OF • To use the easement for benefit of immovable and in the manner originally established (Art. 62 6).
THE OWNER OF • To notify owner of servient estate before making repairs and to make repairs in a manner least
DOMINANT ESTATE inconvenient to servient estate (Art. 627).
• Not to alter easement or render it more burdensome (Art. 627).
• To contribute to expenses of works necessa
necessary
ry for use and preservation of the easement, if there are
several dominant estates, unless he renounces his interest (Art. 628).

RIGHT OF OWNER • To retain ownership and use of his property (Art. 630).
OF SERVIENT • To change the place and manner of using the easement (Art. 629 par. 2).
ESTATE
OBLIGATIONS OF • Not to impair the use of the easement (Art. 628 par. 1).
THE OWNER OF • To contribute proportionately to the expenses if he uses the easement (Art. 628 par. 2).
SERVIENT ESTATE
Page 58 of 276
MODES OF
EXTINGUISHMENT
OF EASEMENTS
MERGER Must be absolute, perfect and definite – not merely temporary.
BY NON-USE a) COMPUTATION OF THE PERIOD

FOR 10 YEARS • Discontinuous easements: Counted from the day they ceased to be used.
• Continuous easements: Counted fro from
m the day an act adverse to the exercise took
place.
b) The use by a co
co-owner
owner of the dominant estate bars prescription with respect to the
BY others (Art. 633).
IMPOSSIBILITY c) Servtitudes not yet exercised cannot be extinguished by non -user.
OF USE
EXPIRATION OF
THE TERM OR
FULFILLMENT OF
RESOLUTORY

CONDITION
RENUNCIATION Must be specific, clear and express (as distinguished from non -user).
OF THE OWNER
OF DOMINANT
ESTATE
REDEMPTION
AGREED UPON BY a) Annulmen
Annulment or rescission of the title constituting the easement
Page 59 of 276
OWNERS b) Termination of the right of grantor

c) Abandonment of the servient estate
OTHER CAUSES d) Eminent domain
NOT IN ART. 631 e) Special cause for extinction of legal rights of way; if right of way no longer necessary
LEGAL EASEMENTS
LAW GOVERNING PUBLIC EASEMENTS

LEGAL Special laws and regulations relating thereto e.g., PD 1067, PD 705
EASEMENTS By the provisions of Chapter 2, Title VII, Book II of the Civil Code
PRIVATE LEGAL EASEMENTS

By agreement of the interested parties wwhenever
henever the law does not prohibit it and no injury
is suffered by a third person
By the provisions of Chapter 2, Title VII, Book II of the Civil Code
PRIVATE LEGAL a) Those established for the use of water or easements relating to waters (Arts. 637 – 648).
EASEMENTS IN • Natural drainage of waters (Art. 637)
CIVIL CODE • Easements on lands along riverbanks (Art. 638, see Water Code)
• Abutment of a dam (Art. 639)
• Aqueduct (Arts. 642 – 646)
• Drawing waters and wawatering animals (Art. 640)

• Stop lock or sluice gate (Art. 649)
b) Easement of right of way (Arts. 649
649-657).
c) Easement of party wall (Arts. 658 – 666)
d) Easement of light and view (Arts. 667 – 673)
e) Easement of drainage of buildings (Arts 674 – 676)
f)) Easement of distance for certain constructions and plantings (Arts. 677 – 681)
g) Easement against nuisances (Art. 682 – 683)
h) Easement of lateral and subjacent support (Arts. 684 – 687)
Page 60 of 276
PRIVATE
LEGAL
EASEMENTS
EASEMENTS ESTABLISHED FOR THE USE OF

WATER OR EASEMENTS RELATING TO
WATERS
NATURAL Lower
wer estates are obliged to receive the waters which naturally and without intervention of man
DRAINAGE OF descend from higher estates, as well as the earth or stones carried with them (Art. 637).
LANDS
A river bank within a zone of 3 meters
eters along the bank is subject to the easement for public
EASEMENTS ON use in the interest of navigation, floatage, fishing and salvage (Art. 638 1 st par.)
LANDS ALONG Banks of navigable rivers are also subject to the easement of towpath. (Art. 638 2 nd par.)
RIVERBANKS Indemnity must be paid if private land is occupied (Art. 638 3 rd par.)
EASEMENT OF Whenever for the diversion or taking from a river or brook, or for the use of any other continuous
ABUTMENT OF or discontinuous stream, it should be necessary to build a dam, and the person who is the
A DAM person it is not the owner of the banks, or lands which must support it, he may establish the
easement of abutment of a dam, after payment of the proper indemnity (Art. 639)
COMPULSORY

EASEMENT FOR Imposed only for reasons of public use in favor of a town or village, after payment of proper
DRAWING indemnity (Art. 640).
WATER OR FOR Owners of servient estates are obliged to allow passage (right of way) to persons and animals
WATERING to the place where such easements are to be used, and the indemnity shall include this
service. (Art. 641)
ANIMALS
Easements for the right of way for the passage of livestock known as animal path, animal
trail or any other, and those for watering places, resting places and animal folds, shall be
governed by the ordinances and regulations relating thereto, and in the absence thereof, by
the usages and the customs of the place. (Art. 657, 1 st par.)
Without prejudice to the rights legally acquired, the animal path shall not exceed in any
Page 61 of 276
case the width of 75 meters, and the animal trail that of 37 meters and 50 centimeters. (Art.
657, 2nd par.)
Whenever it is necessary to establish a compulsory easement of the right of way or for a
watering place for animals, the provisions of this Section and those of Art icles 640 and 641
shall be observed. In this case the width shall not exceed 10 meters. (Art. 657, 3 rd par.)
EASEMENT OF
AQUEDUCT Requisites:
Cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards
already
eady existing, if the easement of aqueduct is for private interest (Art. 644)
One desiring to make use of the right to an easement of aqueduct should:
1. Prove that he can dispose of the water (by prescription or administrative
concession) (Art. 643 (1))
2. That the water is sufficient for the intended use (Art. 643 (1)
3. That the course is the most convenient, and least onerous, to the owner of the
servient estate or to third persons ( Art. 643 (2))
4. Indemnify tthe
he owner of the servient estate in the manner determined by the laws
and regulations (Art. 643 (3)), as well as the owners of the lower estates upon which the
waters may filter or descend (Art. 642).
For legal purposes, the easement of aqueduct shall be considered as continuous and
apparent, even if flow of water is not continuous, or its use depends upon the needs of the
dominant estate or upon a schedule of alternate days or hours. (Art. 646).
Rights and obligations of the owner of the dominant estate: To service and clear the
aqueduct and to provide for deposit of the materials necessary therefor.

Rights and obligations of the owner of the servient estate: To close and fence and build over
the aqueduct in such manner as not to cause the aqueduct any da mage, or render
necessary repairs and cleanings impossible. (Art. 645).
One who for the purpose of irrigating or improving his estate, has to construct a stop lock or
STOP LOCK OR sluice gate in the bed of the stream from which the water is to be taken, may demand that
SLUICE GATE the owners of the banks permit its construction, after payment of damages, including those
caused by the new easement to such owners and to other irrigators (Art. 647)
Page 62 of 276
EASEMENT OF The owner, or any person who by virtue of a real right may cultivate or use any immovable,
RIGHT OF WAY which is surrounded by other immovables pertaining to other persons and without
Asked in 79, 81, adequate outlet to a public highway, is entitled to demand a right of way through the
93, 96, 00, 01, 05 neighboring estates, after payment of the proper indemnity. (Art. 649, 1 st par.)
Requisites: 1. That the dominant estate is surrounded by other immovables and has no adequate
outlet or access ( or difficult or dangerous access) to a public highway.
2.. There must be payment of the proper indemnity.
a. Permanent passage – indemnity shall consist of the value of the land occupied
and the amount of the damage caused to the servient estate. (Art. 649, 2 nd par.)
b. Temporary passage – indemnity shall consist of the damage caused by such
encumbrance. (Art. 649, 3 rd par.)
No indemnity arises when the enclosing estate belongs to the vendor, exchanger or co -owner
(donor not included) (Art
(Art. 652).
But if the estate enclosed is that of the grantor, he must pay indemnity for a right of way,
unless he is the donor of the enclosing estate (Art. 653).
3. That the isolation was not due to acts of the proprietor of the dominant estate – not compulsory
if the isolation of the immovable is due to the proprietor’s own acts ( Art. 649, 4 th par.)
4. That the right of way claimed is at the point least prejudicial to the servient estate, and, insofar
as consistent with this rule, where the distance from the dominant estate to a public highway may

be shortest; (Art. 650)
The width of the easement of right of way shall be that which is sufficient for the needs of the
dominant estate, and may accordingly be changed from time to time.
If the right of way is permanent, necessary repairs shall be made by owner of dominant estate.
A proportionate share of taxes shall be reimbursed by said owner to the proprietor of the
servient estate (Art. 654)
Owner of servient estate may demand that the easement be extingui shed, returning indemnity
received, if the right of way granted to a surrounded estate ceases to be necessary because its
owner has joined it to another abutting on a public road or in case a new road is opened giving
Page 63 of 276
access to the isolated estate. In both cases, the public highway must substantially meet the
needs of the dominant estate in order that the easement may be extinguished. (Art. 655)
Right of way for cattle should not be more than 10 meters wide (unless a greater width was a
vested right under laws prior to Old Civil Code (Art. 657)
EASEMENT OF
PARTY WALLS
Asked in 85
Disputable presumptions of the existence of easement of party wall:
In dividing walls of adjoining buildings up to the point of common elevation;
In dividing walls of gardens or yards situated in cities, towns, or in rural communities;
In dividing fences, walls and live hedges in rural lands (Art. 659)
In ditches or drains between tenements (Art. 661)
Rebuttal of presumption – by title, by contrary proof, or by signs contrary

contrar to the existence of
the servitude .
It is understood that there is an exterior sign, contrary to the existence of a party wall:
Whenever in the dividing wall of buildings there is a window or opening;
Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on
the other, it has similar conditions on the upper part, but the lower part slants or projects
outward;
Whenever the entire wall is built within the boundaries of one of the estates;
Whenever the dividing wall bears tthe he burden of the binding beams, floors and roof frame of
one of the buildings, but not those of others;

Whenever the dividing wall between courtyards, gardens, and tenements is constructed in
such a way that the coping sheds the water upon only one of the estates;
whenever the dividing wall, being built of masonry, has stepping stones, which at certain
intervals project from the surface on one side only, but not on the other;
Whenever lands inclosed by fences or live hedges adjoin others which are not incl osed.
In all these cases, the ownership of the walls, fences, or hedges shall be deemed to belong
exclusively to the owner of the property or tenement which has in its favor the presumption
based on any one of these signs. ( Art. 660)
Ditches or drains opopened
ened between two estates are also presumed as common to both, if
Page 64 of 276
there is no title or sign showing the contrary. (Art. 661, 1 st par.)

There is a sign contrary to the part
part-ownership
ownership whenever the earth or dirt removed to open
the ditch or to clean it is only on one side thereof, in which case the ownership of the ditch
shall belong exclusively to the owner of the land having this exterior sign in its favor. ( Art.
661, 2nd par.)
EASEMENT OF
PARTY WALLS
Asked in 85
To make use of party wall in proportion to the right he may have in the co-ownership
co
(i.e. resting buildings on it or inserting beams up to one
one-half
half of the wall’s thickness),
without interfering with the common and respective uses by other co -owners. (Art. 666)
Rights of To increase the height of the wall, doing so at his expense (including the thickening of
part- the wall over his own land), and paying for the damage which may be cause by the work
owners (even though such damage is temporary). (Art. 664)
To acquire half
half-interest in any increase of thickness
s or height, paying a proportionate
share in the cost of the work and of the land covered by the increase in thickness (Art.
665).
The cost of repairs and construction of party walls and the maintenance of fences, live
hedges, ditches and drains owned in common, shall be borne by all the owners of the
Duties of lands or tenements having the party wall in their favor, in proportion to the right of each
part- (but any owner may exempt himself from contributing to this charge by renouncing his
owners part-ownership,
ownership, except when ththee party wall supports a building belonging to him) (Art.
662).
If the owner of a building supported by a party wall desired to demolish the building, he

may also renounce his part
part-ownership
ownership of the wall, but the cost of all repairs and work
necessary to pre
prevent
vent any damage which the demolition may cause to the party wall, on
this occasion only, shall be borne by him (Art. 663.)
If the owner raises the height of the wall, he must:
1. Bear the cost of maintenance of the additions;
2. Bear the incr
increased expenses of preservation;
3. Bear the cost of construction, if the wall cannot support the additional height;
4. Give additional land, if necessary, to thicken the wall. (Art. 664)
But the owner may acquire part ownership of the new wal walll by paying proportionately for
Page 65 of 276
the value of the work and the land used, as of the time of acquisition (Art. 665)
EASEMENT OF Easement of Light – is the right to make openings (overr 1 foot square) to receive light
LIGHT AND from another’s tenement; the openings do not allot the head to pass and look out.
VIEW Easement of View – is the right to open the windows to enjoy the view and to bar the
Asked in 79, 82, servient owner from blocking the view. It includes the easement of light and the
85 servitude of altius non tollendi (not to build higher).
Restrictions as to openings in a party wall: No part owner may, without the consent of the others, open
through the party wall any window or aperture of any kind (Art. 667)
Restrictions on openings in one’s own wall when contiguous (less than 2 meters) to another’s tenement (Art.
669) – openings could not exceed 30 cm. square; such openings must be at the height of the ceiling joists or
Restrictions immediately under the ceiling and in e every
very case must be with an iron grating imbedded in the wall and with a
on Owner wire screen. (Art. 669 1 st par.)
(The abutting owner may: (i) close the openings if the wall becomes a party wall, if there is no stipulation to
the contrary Art. 669 2 nd par.; (ii)
ii) obstruct the light by constructing a building/erecting a wall on his land ,
unless an easement of light has been acquired (Art. 669 3 rd par.) Note: The nonobservance of these distances
does not give rise to prescription (Art. 670 3 rd par.)
Restrictions
s as to views – No windows, apertures, balconies, or other similar projections which afford a direct
view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters
between the wall in which they are made and such c contiguous
ontiguous property. Neither can side or oblique views
upon/towards such conterminous property be had, unless there be a distance of sixty meters. (Art. 670).
Measurements are considered from the boundary line to the nearest edge of the window.
Stipulationss permitting lesser distances are void. (Art. 673)
The rules are not applicable to buildings separated by public thoroughfares or private alleys open to the
public, and not less than 3 meters wide (Art. 672).

Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an
adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three
meters to be measured in the manner provided in Art. 671. (Art. 673).
By Title (or apparent sign of easement under Art. 624), or

By Presciption – counted from the formal prohibition on the servient owner (Cortes
Cortes vs. Yu Tibo,
Tibo 2 Phil. 24) or
from the opening of the window, if it is through a party wall (Art. 668).
If positive (i.e. opening is made through another’s wall or through a party wall), period of 10 years counted
Page 66 of 276
from time opening is made.

If negative (i.e. opening is made through one’s own wall , period starts to run from service of notarial
prohibition upon the proprietor of the adjoining land or tenement. (Art. 668 [2]).
DRAINAGE OF The owner of a building must construct its roof/covering in such a manner that the rain water shall fall on
BUILDINGS his land or on a street or public place, and not on th
thee land of a neighbor, even if the adjacent land belongs
to 2 or more persons, one of whom is the owner of the roof. Even if it should fall on his own land, the owner
must collect the water in such a way as not to cause damage to the adjacent land/tenement (Art. 674). This
is a limitation on owner’s right. The easement exists when the owner has the right to avert rainwater falling
on his roof, not on his neighbor.
A compulsory easement is available when a house, yard or court is enclosed by other estates a nd it is
impossible to give outlet to the rain water through the house itself, provided the outlet must be established
where egress is easiest and proper indemnity is paid (Art. 676)
Owner of servient estate has option to receive water on his own roof and drain the same without damage to
the dominant estate, according to ordinances/regulations. (Art. 675)
Military zones – no constructions can be built/planted near fortified places/fortresses w ithout compliance
with the conditions required in special laws, ordinances, and regulations relating thereto (Art. 677)
Constructions – For wells, sewers, furnaces, forges, chimneys, stables, deposits of corrosive materials,
EASEMENT OF machineries or factories, dist
distances
ances fixed by ordinances/custom must be observed; also, protective
DISTANCE FOR structures prescribed by ordinances or custom must be erected. If none, precautions must be taken, if
CERTAIN necessary, to avoid damage to neighboring estates or buildings. (Art. 678). Note: No w aiver is allowed on the
CONSTRUCT- part of adjoining proprietors.
IONS AND Plantings – a. distances as prescribed by ordinances or customs must be observed. If none, 2 meters from
PLANTINGS the boundary for large trees, and 50 cm. for shrubs. (Art. 679)
b. Intrusions – of branches:
hes: The owner of the tree may be compelled to cut intruding branches at the
boundary.
- of roots: the owner of the invaded tenement may cut them himself at he boundary,

Fruits naturally falling upon adjacent land belong to the owner of the said la nd (Art. 681).
EASEMENT Every building or piece of land is subject to the easement which prohibits the proprietor/possessor from
AGAINST committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare, and other
NUISANCE causes.
uses. (Art.682)
No proprietor shall make such excavations upon his land as to deprive any adjacent land or building
sufficient lateral or subjacent support (Art. 684). Any stipulation/testamentary provision to the contrary is
Page 67 of 276
EASEMENT OF void (Art. 685)

LATERAL AND This legal easement applies not only for buildings standing at the time the excavations are made but also
SUBJACENT for constructions that may be erected. (Art. 686)
SUPPORT Proprietors intending to make such excavations shall notify the owowners
ners of adjacent lands. (Art. 687)
MODES OF ACQUIRING OWNERSHIP
MODE AND TITLE Mode is the specific cause which produces dominion and other real rights as a result
DIFFERENTIATED of the co--existence
existence of special status of things, capacity and intention of persons and
the fulfillment oof the requisites of law.
Title is every juridical right which gives a means to the acquisition of real rights but
which in itself is insufficient.
MODES OF
ACQUIRING
OWNERSHIP
Asked in 77, 88, 92
They produce the acquisition of ownership independent of any pre -existing

existing right of
ORIGINAL another person. Hence, they are free from any burdens or encumbrances.
MODES • OCCUPATION
• INTELLECTUAL CREATION
Based on a right previously held by another person and therefore, subject to the same
Chapter X. Modes of Acquiring Ownership

DERIVATIVE characteristics, powers, burdens etc as when held by previous owner.
MODES • LAW – e.g. Registration under Act 496; Estoppel of title under Art. 1434 CC,
Marriage under Absolute Community of Property System, Hidden Treasure, Acces sion,
Change in River’s Course ((Asked in 77, 79, 01, 03),
), Accession Continua over Movables,
Arts. 681, 1456 CC and Art. 120, FC
• DONATION • SUCCESSION
• PRESCRIPTION • TRADITION
REQUISITES • Pre-existence
stence of right in estate of grantor
• Just cause or title for the transmission
Page 68 of 276
• Intention of both grantor and grantee

• Capacity of grantor to transmit and capacity of grantee to acquire
• An act giving it outward form physically, symbolically or legally .
NON NUDIS PACTIS, SED TRADITIONE, DOMINIA RERUM TRANSFERUNTUR – Not
by mere agreement, but by delivery, is ownership transferred.
KINDS OF
TRADITION
Asked in 77
REAL TRADITION Actual transfer of control and possession, with intent to pass ownership or real ri ght over the
property (Art. 1497)
CONSTRUCTIVE • TRADITIO SIMBOLICA – Delivery of a thing which symbolizes

mbolizes the property, e.g. keys of the
TRADITION place or depository where the thing is stored or kept
• TRADITIO LONGA MANU – Pointing to the thing in sight
• TRADITIO BREVI MANU – Transferee already had it in his possession for any other reason
• TRADITIO CONSTIT
CONSTITUTUM POSSESSORIUM – Owner of the thing alienates it but continues in
possession in the concept of a tenant or another subordinate right (bailee).
• QUASI-TRADITION
TRADITION – Exercise of the right by the transferee with the consent of the transferor
• TRADITION B BY OPERATION OF LAW – Express provision of law
• DELIVERY OF PUBLIC INSTRUMENT –The The execution thereof is equivalent to the delivery of the
thing, the object of the contract
OCCUPATION
Asked in 07

DEFINITION It is the acquisition of ownership through seizure of corporeal things that have no owner, made
with intent to acquire them and done according to rules laid down by law (Partidas).
REQUISITES Corporeal personal property

Property susceptible of appropriation
Seizure with intent to appropriate
No owner (Res Nullius) or abandoned property (Res Derelicta)
Observance of conditions laid down by law
Page 69 of 276
NOTES Not applicable to ownership of a piece of land (Art. 714)

Privilege to hunt and fish regulated by special law (Art. 715)
Occupation of a swarm of bees or domesticated animals (Art. 716, see also Art. 560
Pigeons and fish (Art. 717)
Hidden Treasure (Art. 718, see also Arts. 438
438-439)
Lost mmovables, procedure after finding them (Art. 719-720)
INTELLECTUAL
CREATION
INTELLECTUAL
RA No. 8293
PROPERTY CODE
INTELLECTUAL • Copyright and related rights

PROPERTY • Trademarks and service marks
RIGHTS • Geographic indications
• Industrial designs
• Patents
• Topographies of integrated circuits
• Rights of performers, producers of sound recordings and broadcasting organizations
• Protection of undisclosed information
LAWS
REPEALED BY
THE • PD No. 49 – Intellectual Property
rty Decree including PD 285 as amended

INTELLECTUAL • RA No. 165 as amended (Patent Law)
PROPERTY • RA No. 166 as amended
CODE • Arts. 188--189 of the Revised Penal Code
Page 70 of 276
DONATION
DEFINITION It is an act of liberality where a person disposes gratuitously of a thing or
right in favor of another
another,, who accepts it (Art. 725). It is a bilateral contract
creating unilateral obligations on donor’s part (Scaevola).
REQUISITES • Consent and capacity of the parties

Asked in 98 • Animus donandi (causa)
• Delivery of the thing donated
• Form as prescribed by law
• There must be impoverishment (in fact) of donor’s patrimony and enrichment
on the part of the donee.
KINDS OF AS TO ITS TAKING Inter Vivos – (Arts. 729, 730, 731)

DONATIONS EFFECT Mortis Causa – (Art. 728)
Asked in 82 Propter Nuptias – (Art. 82, 87 FC)
AS TO CAUSE OR Simple – Made out of pure liberality or because of the merits of

CONSIDERATION the donee
Asked in 97 Remuneratory – Made for services already rendered to the donor
not constituting recoverable debts
Onerous – Made with burdens imposed upon the donee, not a
true donation but subject to laws governing contracts.
i. Improper - burden equal in value to property donated
Chapter XI. Donation

ii. Sub modo or modal – imposes a prestation upon donee on
how property donated will be applied (see Art. 882)
iii. Mixed – NEGOTIUM MIXTUM CUM DONATIONE e.g. sale for
price lower than value of property
Page 71 of 276
AS TO EFFECTIVITY
OR Pure – Without conditions or period
EXTINGUISH
EXTINGUISHMENT Conditional (Art. 730, 731) – Can be suspensive or
resolutory
With a term
KINDS OF IMPORTANCE OF As to form
DONATIONS CLASSIFICATION As to governing rules
As to impossible conditions (Arts. 727, 1183)
CHARACTERISTICS • Conveys no title nor ownership before donor’s death

OF A DONATION • If made before donor’s deat
death, transfer is revocable
MORTIS CAUSA • Transfer is void if donor survives donee ((Asked in 88, 90, 98)
DISTINCTION • What is important is the TIME of transfer of ownership, even if transfer of property
BETWEEN A donated
d may be subject to a condition or a term
DONATION MORTIS • Importance of classification – validity and revocation of donation
CAUSA AND A
DONATION INTER
VIVOS
WHO MAY BE The donor must have the capacity to contract and dispose of his property.
DONORS
(ARTS. 735, 736, The donor’s capacity iis determined as of the time of the donation (Art.
737, 739) 737), subsequent incapacity is immaterial. But if incapacity prevents him
from learning of the acceptance, there is no donation (Art. 734).
Guardians and trustees cannot donate properties entrusted to the m (Art.

736).

WHO MAY BE
DONEES
Page 72 of 276
(ARTS. 738, 739, In general, all persons not disqualified by law may be donees (Art. 738).
740, 741, 742,743,
744, 753, 1027 CC
and ART. 87, FC)
WHO MAY BE EXCEPTIONS
DONEES… • By reason of public policy
1) Persons guilt
guilty
y of adultery or concubinage at the time of donation (Art.
739 par. 1) and conviction is not required.
2) Those made between persons found guilty of the same (identical) criminal
offense, if the donation is made in consideration thereof (Art. 739, par. 2 ).
3) Those made to a public officer, his wife, descendants and/or ascendants
by reason of his office (Art. 739, par. 3). NB: These apply to life insurance
benefits (Art. 2012).
• By reason of unworthiness of the donee
1) Incapacity to succeed by will sha
shall
ll be applicable to donations inter vivos
(Art. 740).
2) This apply to cases under Arts. 1032 and 1027 except Art. 1027 par. 4
(disqualification of witnesses to a will).
• By reason of prejudice to creditors or heirs (voidable)
NB: Donations to disqualifi
disqualified
ed persons are VOID even if made fictitiously 1) under
the guise of another contract or 2) through an intermediary (Art. 743).
ACCEPTANCE OF WHO MAY ACCEPT Acceptance must be personal or through an agent (a general
DONATION (ART. 745, 747) agent or a special agent). The form of authority must be in a
public instrument in accordance with Art. 1358.
TIME OF It must be made during the lifetime of the donor and the
ACCEPTANCE donee (Art. 746).

FORM OF
DONATION PERSONAL It may be made orally or in writing. An oral donation requires
PROPERTY the simultaneous delivery of the thing or of the document
Asked in 93, 00,
Page 73 of 276
(ART. 748) representing the thing donated. If the value exceeds 5,000
pesos, it should be in writing; if not, it is void.
Inapplicable to
REAL PROPERTY It must be in a public instrument, the property and the
onerous, modal,
(ART. 749) charges must be specified. It may be in the same deed or in a
mortis causa and
propter nuptias separate one notified
d to the donor in authentic form.
donations.
WHAT MAY BE All present property, or part thereof, of donor:
DONATED • Provided he reserves, in full ownership or usufruct, sufficient means for support of
(ART. 750-752, 755- himself and all relatives entitled to be supporte
supportedd by the donor at time of acceptance
756) (Art. 750).
Asked in 77, 79, 81 • Provided that no person may give or receive by way of donation, more than he may
give or receive by will (Art. 752). Also, reserves property sufficient to pay donor’s
debts contracted before donation, other
otherwise
wise the donation is in fraud of creditors
(Arts. 759, 1387).
NB: If donation exceeds the disposable or free portion of his estate, it is inofficious.
Exceptions: a) Donations provided for in marriage settlements between future
spouses – not more than 1/5 of present property (Art. 84, FC and Art. 130, CC).
b) Donations propter nuptias by an ascendant consisting of jewelry,
furniture or clothing not to exceed 1/10 of disposable portion (Art. 1070).
WHAT MAY NOT BE

Future property – Meaning of property (Art. 751)
DONATED
Exception: Marriage settlements of future spouses only in event of death to the
Asked in 77, 81
extent laid down in Civil Code on testamentary succession (Art. 130 CC, Art. 84,
FC)
EFFECTS OF IN GENERAL Donee may demand actual delivery of the thing donated.
DONATION
Asked in 82, 85, 91

Donee is subrogated to the rights of donor in the property
donated (Art. 754).
Donor is not obligated to warrant things donated except in

Page 74 of 276
onerous donations in which case donor is liable for

fo eviction
up to extent of burden (Art. 754).
Donor is liable for eviction or hidden defects in case of bad

faith on his part (Art. 754).
EFFECTS OF IN GENERAL In donations propter nuptias, donor must release property donated
DONATION from mortgages and d other encumbrances, unless contrary has been
stipulated (Art. 131, FC).
Donations by reason of marriage of property subject to
encumbrances shall be valid. In case of foreclosure of the
encumbrance and the property is sold for less than the total
amount of the obligation secured, the donee shall not be liable for
the deficiency. If the property is sold for more than the total amount
of said obligation, the donee shall be entitled to the excess. (Art. 85,
FC)
In donations propter nuptias, donor must release

re property donated
from mortgages and other encumbrances, unless contrary has been
stipulated (Art. 131, FC).
Donations by reason of marriage of property subject to
encumbrances shall be valid. In case of foreclosure of the
encumbrance and the property y is sold for less than the total
amount of the obligation secured, the donee shall not be liable for
the deficiency. If the property is sold for more than the total amount
of said obligation, the donee shall be entitled to the excess. (Art. 85,
FC)
When n a donation is made to several persons jointly, it is understood

to be in equal shares, and there shall be no right of accretion among

them, unless:
1. Donor provides otherwise

2. Donation to husband and wife jointly with right of accretion ( jus
Page 75 of 276
accrescendi),
), unless donor provides otherwise (Art. 753)
EFFECTS OF SPECIAL Reservation by donor of power to dispose (in whole or in
DONATION PROVISIONS part) or to encumber property donated (Art. 755)
Donation of naked ownership to one donee and usufruct to

another (Art. 756, CC)
Conventional reversion in favor of donor or other person

(Art. 757)
Payment of donor’s debt – (Art. 758)

a. If expressly stipulated -
donee to pay only debts contracted before the donation,
unless specified otherwise – but in no case
ca shall donee be
responsible for debts exceeding value of property donated,
unless clearly intended
b. If there is no stipulation -
donee answerable only for donor’s debt only in case of
donation is in fraud of creditors
Revocation
distinguished from
REVOCATION AND reduction of 1. Inofficiousness of donation (Art. 752, 771, 773; Art. 911
REDUCTION OF donations & 912 also govern reduction)
DONATIONS a. Who may ask for reduction - Only those who at the time
Asked in 91, 03

of the donor's death have a right to the legitime and their
Causes of heirs and successors in interest may ask for the reduction
Reduction/ of inofficious donations. (Art. 772)
Revocation b. Rule applied - if disposable portion is not sufficient to
Page 76 of 276
cover two or more donations (Art. 773)
2. Subsequent birth, reappearance of child or adoption of

minor by donor (Art. 760)
$
REVOCATION AND Revocation (only) Ingratitude (Art. 765)
REDUCTION OF a. Causes
DONATIONS b. Time to file action for revocation (Art. 769)
c. Who may file (Art. 770)
d. Effect of Revocation
Violation of condition
a. Prescription of action
b. Transmissibility of action
Effect of revocation or reduction - (Art. 762, 764 par. 2, 767)
Effect as to fruits (Art. 768)

Page 77 of 276
NUISANCE
DEFINITION A nuisance is an
anyy act, omission, establishment, business, condition of
property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4)
4) Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
(5) Hinders or impairs the use of property. (Art. 694)
KINDS OF NUISANCE
Asked in 80, 05
A public nuisance affects a community or neighborhood or any considerable number
Chapter XII. Nuisance

of persons, although the extent of the annoyance, danger or damage upon individuals
Public
may be unequal. (Art. 695)
Page 78 of 276
Private A private nuisance is one that is not included in the foregoing definition.(Art. 695)
NOTE:
1. Every successive
ssive owner or possessor of property who fails or refuses to abate a
nuisance in that property started by a former owner or possessor is liable therefor
in the same manner as the one who created it. (Art. 696)
2. The abatement of a nuisance does not prec

preclude the right of any person injured
to recover damages for its past existence. (Art. 697)
3. Lapse of time cannot legalize any nuisance, whether public or private. (Art. 698)
REMEDIES
Against a (1) A prosecution under the Penal Code or any local ordinance: or
Public (2) A civil action; or
Nuisance (3) Abatement, without judicial proceedings. (Art. 699)
NOTE:
1. Any private person may abate a public nuisance which is specially injurious to him by removing, or if
necessary, by destroying the thinghing which constitutes the same, without committing a breach of the peace, or
doing unnecessary y injury. But it is necessary:
(A)) That demand be first made upon the owner or possessor of the p roperty to abate the nuisance;
(B) That such demand has been re rejected;
(C)) That the abatement be approved by the district health officer and executed with the assis tance of the
local police; and
(D)) That the value of the destruction does not exceed three thousand pesos. (Art. 704. )

2. The district health officer shall
hall take care that one or all of the remedies against a public nuisa nce are availed
of. (Art. 700)
3. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be
Page 79 of 276
commenced by the city or municipal mayor. (Art. 70 701)

4. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best
remedy against a public nuisance.. (Art. 702)
5. A private person may file an action on account of a public nuisance, if it is specially i njurious to himself. (Art.
703)
REMEDIES
Against a (1) A civil action; or

Private
Nuisance (2) Abatement, without judicial proceedings. (Art. 705)
NOTE:
1. Any person injured by a private nuisance may abate it by removing, or if necessary,

by destroying the thing which constitutes the nuisance, without committing a breach
of the peace or doing unnecessary injury. However, it is indispensable that the
procedure for extrajudicial abatement of a public nuisance by a private person be
followed. (Art. 706)
LIABILITY FOR A private person or a public official extrajudicially abating a nuisance shall be liable
DAMAGES for damages:
(1) If he causes unnecessary injury; or

(2) If an alleged nuisance is later declared by the courts to be not a real nuisance. (Art.
707)

Page 80 of 276
LEASE
GENERAL • temporary duration
CHARACTERISTICS • onerous
(of every lease)
• price is fixed according to contract duration
KINDS OF LEASES a. Lease of things – movables and immovables

b. Lease of work or contract of labor (Arts. 1700
1700-1712)
c. Lease of services
(i) household service

(ii) contract for a piece of work (Arts. 1713
1713-1731)
(iii) lease of services of common carriers (Art. 1732 -1763)
LEASE OF THINGS
In the lease of things, one of the parties binds himself to give to another the
Concept enjoyment or use of a thing for a price certain, and for a period which may be
definite or indefinite. However, no lease for more than ninety -nine
nine years shall be
valid. (Art. 1643) ((Asked in 77,78, 80, 81,83, 84, 87, 90).
Consumable things cann

cannot be the subject matter of lease, except:
Chapter XIII. Lease

1. consumable only for display or advertising (lease ad pompam et ostentionem)
ostentionem
2. goods are accessory to an industrial establishment, e.g. coal in a factory (Art.
Page 81 of 276
1645)
LEASE OF THINGS
• essential purpose is to transmit the use and enjoyment of a thing
• consensual
Special • onerous
Characteristics • price fixed in relation to period of use or enjoyment
of lease of • temporary
things
Consumable things cannot be the subject matter of lease, except:
1. consumable on
only for display or advertising (lease ad pompam et
ostentionem
ostentionem)
2. goods are accessory to an industrial establishment, e.g. coal in a factory
(Art. 1645)
In the lease of things, one of the parties binds himself to give to another the
enjoyment or use of a thing for a price certain, and for a period which may be
definite or indefinite. However, no lease for more than ninety -nine
nine years shall
be valid. (Art. 1643)
Distinctions
By the contract of sale one of the contracting parties obligates himself to
transfer the ownersh
ownershipip and to deliver a determinate thing, and the other to
pay therefor a price certain in money or its equivalent. (Art. 1458)
Usufruct gives a right to enjoy the property of another with the obligation of
Chapter XIII. Lease

preserving its form and substance, unless the titl
title
e constituting it or the law
otherwise provides. (Art. 1562)
Page 82 of 276
By the contract of loan, one of the parties delivers to another… something not
consumable so that the latter may use the same for a certain time and return
it, in which case the contract is cal
called a commodatum. (Art. 1933)
LEASE OF THINGS
Cannot be perpetual
Period of Lease • it must be for a definite period – not more than 99 years
• indefinite period:
a. rural land (Art. 1682)
b. urban land (Art. 1687)
The lessee cannot assign the lease without the consent of the lessor, unless there is
Assignment of
a stipulation to the contrary. (Art. 1649)
Lease
When in the contract of lease of things there is no express prohibition, the lessee
Sublease
may sublet the thing leased, in whole or in pa part,
rt, without prejudice to his
responsibility for the performance of the contract toward the lessor. (Art. 1650)
i. of House Rental Law (RA 877)
ii. obligation of sublessee to lessor (Art. 1651)
• for rents (Art. 1652)
Chapter XIII. Lease

Page 83 of 276
LEASE OF THINGS
i. obligatio
obligations of lessor (Art. 1654, 1661)
Rights and ii. obligations of lessee (Art. 1657, 1662, 1663, 1665, 1668, 1667)
Obligations of iii. right of lessee to suspend payment of rentals (Art. 1658)
lessor and lessee iv. right to ask for rescission (Art. 1659, 1660)
v. lessor not obligated to answer for mere a act
ct of tresspass by a third person (Art.
1664)
The lessor may judicially eject the lessee for any of the following causes:
Grounds for
Ejectment of
(1) When the period agreed upon, or that which is fixed for the duration of leases
Lessee by Lessor
under
der Articles 1682 and 1687, has expired;
(2) Lack of payment of the price stipulated;
(3) Violation of any of the conditions agreed upon in the contract;
(4) When the lessee devotes the thing leased to any use or service not stipulated
which cause
causess the deterioration thereof; or if he does not observe the requirement in
No. 2 of Article 1657, as regards the use thereof.
Chapter XIII. Lease

The ejectment of tenants of agricultural lands is governed by special laws. (Art.
1673)
Page 84 of 276
NOTE the grounds under House Rental Law Query. Are they still effective?
LEASE OF THINGS
Implied • If at the end of the contract the lessee should continue enjoying the thing leased for fifteen
Extension of days with the acquiescence of the lessor, and unless a notice to the contrary by either party
lease has previously been given, it is understood that there is an implied new lease, not for the
period of the original contract, but for the time established in Articles 1682 and 1687. The
otherer terms of the original contrac
contract shall be revived. (Art. 1670)
• The lease of a piece of rural land, when its duration has not been fixed, is understood to have
been for all the time necessary for the gathering of the fruits which the whole estate leased m ay
yield in one year, or which it may yield once, although two or more years have to elapse for the
purpose. (Art. 1682
1682)
• If the period for the lease has not been fixed, it is understood to be from year to year, if the
rent agreed upon is annual; from montmonthh to month, if it is monthly; from week to week, if the
rent is weekly; and from day to day, if the rent is to be paid daily. However, even though a
monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term
for the lease
ase after the lessee has occupied the premises for over one year. If the rent is weekly,
the courts may likewise determine a longer period after the lessee has been in possession for
over six months. In case of daily rent, the courts may also fix a longer period after the lessee
has stayed in the place for over one month. (Art. 1687)
• Except in cases stated in Article 1673, the lessee shall have a right to make use of the periods
established in Articles 1682 and 1687. (Art. 1675)
Right of purchaser
• The purchaser of a piece of land which is under a lease that is not recorded in the Registry
of leased land
of Property may terminate the lease, save when there is a stipulation to the contrary in the
contract of sale, or when the purchaser knows of the existence of the lease.
• If the buyer makes use of this right, the lessee may demand that he be allowed to gather the
fruits of the harvest which corresponds to the current agricultural year an d that the vendor
indemnify him for damages suffered.
Chapter XIII. Lease

• If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee
cannot make use of the right granted in the first paragraph of this article. The sale is
presumed to be fictfictitious
itious if at the time the supposed vendee demands the termination of the
Page 85 of 276
lease, the sale is not recorded in the Registry of Property. (Art. 1676)
• The purchaser in a sale with the right of redemption cannot make use of the power to eject
the lessee until thehe end of the period for the redemption. (Art. 1677)
LEASE OF THINGS
Special • Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been
provisions for separated from ttheir stalk, root or trunk. (Art. 1681)
leases of rural • The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for
lands all the time necessary for the gathering of the fruits which the whole estate leased may yield in one year,
or which it may yield once, although two or more years have to elapse for the purpose. (Art. 1682)
• The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other
means necessary for the preparatory labor for the followi
following
ng year; and, reciprocally, the incoming lessee or
the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the
gathering or harvesting and utilization of the fruits, all in accordance with the custom of the place. (Art.
1683)
• Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions
on partnership and by the customs of the place. (Art. 1684)
• The tenant on shares cannot be ejected except in cases specified by law. (A rt. 1685) The lessee shall
have no right to a reduction of the rent on account of the sterility of the land leased, or by reason of the
loss of fruits due to ordinary fortuitous events; but he shall have such right in case of the loss of more
than one
one-half of the fruits through extraordinary and unforeseen fortuitous events, save always when
there is a specific stipulation to the contrary.
•Extraordinary fortuitous events are understood to be: fire, war, pestilence, unusual flood, locusts,
earthquake, or o others
thers which are uncommon, and which the contracting parties could not have reasonably
foreseen. (Art. 1680)
Useful If the lessee makes, in go

good
od faith, useful improvements which are suitable to the use for
Improvements in which the lease is intended, without altering the form or substance of the property leased, the
good faith made by lessor upon the termination of the lease shall pay the lessee one -half
half of the value of the
lessee improvements
vements at that time. Should the lessor refuse to reimburse said amount, the lessee
may remove the improvements, even though the principal thing may suffer damage thereby.
He shall not, however, cause any more impairment upon the property leased than is
Chapter XIII. Lease

necessary.
Page 86 of 276
With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement,
but he may remove the ornamental objects, provided no damage is caused to the principal
thing, and the lessor does not choose to retain them by paying th eir value at the time the
lease is extinguished. (Art. 1678)
LEASE OF THINGS
Special provisions • In default of a special stipulation, the custom of the place shall be observed wi th
for leases of urban regard to the kind of repairs on urban property for which the lessor shall be liable.
lands In case of doubt it is understood that the repairs are chargeable against him. (Art.
1686)
• If the period for the lease has not been fixed, it is understood to be fr om year to
year, if the rent agreed upon is annual; from month to month, if it is monthly; from
week to week, if the rent is weekly; and from day to day, if the rent is to be paid
daily. However, even though a monthly rent is paid, and no period for the le ase has
been set, the courts may fix a longer term for the lease after the lessee has occupied
the premises for over one year. If the rent is weekly, the courts may likewise
determine a longer period after the lessee has been in possession for over six
months.
ths. In case of daily rent, the courts may also fix a longer period after the lessee
has stayed in the place for over one month. (Art. 1687)
• When the lessor of a house, or part thereof, used as a dwelling for a family, or
when the lessor of a store, or iindustrial
ndustrial establishment, also leases the furniture, the
lease of the latter shall be deemed to be for the duration of the lease of the premises.
(Art. 1688)
Chapter XIII. Lease

Page 87 of 276

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PROPERTY

CLASSIFICATION UNDER THE CIVIL CODE

IMMOVABLE By Nature: Art. 415 (pars. 1 & 8)

CONTENTS AND SINGULAR: a) Simpl

SUSCEPTIBILITY APPROPRIABLE: a) Already appropriated b) Not yet appropriated

SUSCEPTIBILITY WITHIN THE COMMERCE OF MAN

RES NULLIUS Belongs to no one

PROPERTY OF STATE (ARTS. 420 – 422)

PROPERTY OF MUNICIPAL CORPORATIONS (ART. 424 par. 1)

PRIVATE • Patrimonial Property of State (Art. 424)

REAL RIGHTS ((JUS IN RE) PERSONAL RIGHTS (JUS

A right that confers upon its holder

Chapter II. Real and Personal Rights Distinguished

• limited by value of object or its • Extinguished by payment/performance or other

CLASSES 1. OF FULL CONTROL

Chapter II. Real and Personal Rights Distinguished

Generality of right – right to make use of all possibilities or utility of thing

Perpetual cause – exists as long as the thing exists

Independent of other real rights;

SUBJECT MATTER Things/Property Rights (Proprietary)

Chapter III. Ownership

Jus Fruendi To own the fruits and accessions

Jus Possidendi To possess (implied from the five rights above)

OTHER SPECIFIC Right to Exclude; Self

Chapter III. Ownership

• Plaintiff identifies Action to recover possession as a real right or possession de

Unlawful Detainer It is also an action to recover actual, physical possession of

Chapter III. Ownership

Chapter III. Ownership

There is mutual respect among co-owners

Chapter IV. Co-Ownership

The disability of one joint owner benefits the others

BY It involves no legal representation of other co--owners; partnership

BY ITS PURPOSE Co-ownership

BY ITS DURATION Co-ownership:

AS REGARDS ITS Co-ownership is not dissolved by the co-owner’s

LEGAL EFFECTS Co-ownership

Chapter IV. Co-Ownership

BUNDLE OF RIGHTS Jus Utendi Jus Abutendi Jus Vindicandi

Jus Fruendi Jus Disponendi Jus Possidendi

CHANCE OCCUPATION (Harvesting and fishing)

• BETWEEN A MAN AND A WOMAN NOT CAPACITATED TO MARRY EACH OTHER

Chapter IV. Co-Ownership

Chapter IV. Co-Ownership

TESTATE Property is given to 2 or more persons.

CONTRACT Two or more persons agree to create a co

UNIVERSAL • OF ALL PRESENT PROPERTIES

Chapter IV. Co-Ownership

RIGHTS OF EACH CO-OWNER

TO USE THE Art. 486 – Each co-owner

TO SHARE IN Art. 485 – The share of the co-owners,

Chapter IV. Co-Ownership

TO COMPEL THE Other co

Art. 491 – No one of the co

Chapter IV. Co-Ownership

TO EXERCISE Art. 1620 – A co-owner

Chapter IV. Co-Ownership

TO ASK FOR Art. 494 – No co

EXCEPTIONS TO THE RIGHT TO ASK FOR PARTITION:

Chapter IV. Co-Ownership

adverse, a) he must execute unequivocal acts of repudiati

TO ASK FOR EFFECTS OF PARTITION

Chapter IV. Co-Ownership