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PRELIMINARY PROVISIONS o Real property (easement, real mortgage)

Art 414 All things which are or may be the object of appropriation are considered o Either personal or real (as in ownership, possession, usufruct)
either:  If the res of a real right is real property, the right itself is real property; otherwise it is
1. Immovable or real property; or personal property
2. Movable or personal property.
Classification of real rights based upon dominion
What’s a thing? 1. Domino pleno – powers to enjoy and to dispose are united
 any object that exists and is capable of satisfying some human needs a. Dominion, civil possession, hereditary right
 includes both objects that are already possessed or owned and those that are 2. Domino menos pleno – powers to enjoy and dispose are separated
susceptible of appropriation a. Surface right, usufruct
 more comprehensive term (than property), as there are things which are not 3. Domino limitado – powers to enjoy and to dispose, though united, are limited
susceptible of appropriation and they are not included in the concept of property a. By a guaranty (mortgage, pledge)
b. By a charge (easement)
What’s property? c. By a privilege (pre-emption, redemption)
 refers to any thing which is already the object of appropriation or found in the
possession of man What is a personal right?
 Right or power of a person
Requisites of property  To demand from another as a definite subject
1. Utility  The fulfillment of the latter’s obligation.
 Capacity to satisfy some human wants  Jus in personam or jus ad rem
2. Substantivity  Personal right, or right of obligation, has the following elements:
 Quality of having existence apart from any other thing 1. Active subject (person in whom the right resides)
3. Appropriability 2. Passive subject (person against whom the right is available)
 Susceptibility of being possessed by man 3. Object or prestation or the conduct (to give, to do, or not to do)
 Res communes or common things are not capable of appropriation in their entirety, 4. Juridical or legal tie which binds the parties to the obligation
although they may be appropriated under certain conditions in a limited way, and
thereby become property in law Real Right Personal Right
o Electricity, oxygen, etc  Definite active subject who  Definite active subject and a
 Res nullius or a thing may have no owner because it has not yet been appropriated, or has a right against all definite passive subject
because it has been lost or abandoned by the owner. it constitutes property as long persons generally as an
as it is susceptible of being possessed for the use of man indefinite passive subject
o Wild animals, hidden treasure  Object is generally a  Object always an incorporeal
 Things cannot be considered as property when they are not susceptible of corporeal thing thing
appropriation because of  Created by ‘mode’ and  Created by ‘title’
o legal impossibility (you can’t sell your body while you’re alive, at least not ‘title’
legally) or  Extinguished by the loss or  Personal right survives the
o physical impossibility (you can’t own the moon, at least not yet) destruction of the thing subject matter
which it is exercised
Rights as property  Directed against the whole  Directed against a particular
 “property” is sometimes used to denote the thing with respect to which legal world (actio in rem against person (actio in personam)
relations between persons exist – the res over which rights (particularly ownership) 3rd persons)
may be exercised – and sometimes to the rights with respect to the thing
 either real or property What’s the importance of the classification into movables or immovables?
 In private international law, general rule is that immovables are governed by the law
What is a real right? of the country in which they are located, whereas movables are governed by the
 Right or interest belong to a person over a specific thing personal law of the owner which in cases is the law of his nationality or his domicile
 Without a definite passive subject against whom such right may be personally  In criminal law, usurpation of property can take place only with real property. On the
enforced other hand, robbery and theft can be committed only against personal property
 Jus in re  In procedural law, actions concerning real property are brought in the RTC where the
 The res of a real right may be property is located, whereas actions involving personal property are brought in the
o Personal property (as in pledge and chattel mortgage) court where either the defendant or plaintiff resides.

o Forcible entry and unlawful detainer for REAL property
o Replevin or manual delivery for PERSONAL
 In contracts, only real property can be the subject matter of real mortgage and
antichresis, while only personal property can be the subject matter of mutuum,
voluntary deposit, pledge
 In order that the donation of an immovable may be valid, it must be made in a public
instrument. For movables, may be oral or in writing (if more than P5000, need only
to be in a private instrument)
 For prescription (4 and 8 years for movables; 10 and 30 years for immovables)
 Transactions involving real property must be recorded in the Registry of property to
affect 3rd parties. Not required with personal property, except for chattel mortgage
cases.
Art 415 The following are immovable property:
1. Land, buildings, roads, and constructions of all kinds adhered to the soil;
2. Trees, plants, and growing fruits, while they are attached to the land or form an
integral part of an immovable;
3. Everything attached to an immovable in a fixed manner, in such a way that it
cannot be separated therefrom without breaking the material or deterioration
of the object;
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed in
buildings or on lands by the owner of the immovable in such a manner that it
reveals the intention to attach them permanently to the tenements;
5. Machinery, receptacles, instruments or implements intended by the owner of
the tenement for an industry or works which may be carried on ina building or
on a piece of land, and which tend directly to meet the needs of said industry or
works;
6. Animal houses, pigeon-houses, beehives, fish ponds or breeding places of
similar nature, in cases their owner has placed htem or preserves them with
the intention to have them permanently attached to the land, and forming a
permanent part of it; the animals in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries, and slag dumps, while the matter thereof forms part of the
bed, and waters either running or stagnant;
9. Docks and structures which, though floating, are intended by their nature and
object to remain at a fixed place on a river, lake, or coast;
10. Contracts for public works, and servitudes and other real rights over
immovable property.
Classes of immovable or real property (NIDA)
1. By nature (cannot be carried from place to place)
2. By incorporation (attached to an immovable in a fixed manner to be an integral part
thereof)
3. By destination (placed in an immovable for the utility it gives)
4. By analogy (by express provision of law because it is regarded as united to the
immovable property)
Lands, buildings, roads and constructions of all kinds
 Must adhere to the soil
 Buildings must be more or less of a permanent structure independent of and
regardless of the ownership of the land on which it is erected since the law makes no
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distinction (so possible to mortgage building even if in the land of another, since it’s
separate from the land
 Roads, whether public or private, are immovable
 Real property treated by the parties as personal property
o A building is by itself an immovable property irrespective of whether or not
said structure and the land on which it is adhere to belong to the same owner
o A valid real estate mortgate can be constituted only on the building erected on
the land belonging to another
o The parties to a contract of chattel mortgage may, by agreement, treat as
personal property that which by nature would be real property (estopped! So
they can be subject to a writ of replevin between parties)
 However, the chattel mortgage is not binding on third persons.
Trees, plants and growing fruits
 Immovable while they are:
o Attached to the land, or
o Form an integral part of an immovable
 Once cut or uprooted, they become movable
 Growing crops or fruits, or ungathered products or fruits, may be treated as personal
property for the purposes of attachment, execution and the chattel mortgage law
(Sibal v Valdez)
 When growing crops are sold and before they are even harvested, the transaction is
considered as sale of movables because it is a given that they are to be gathered or
harvested for delivery
Everything attached to an immovable in a fixed manner
 Attachment must be such that
o It cannot be separated from the immovable
o Without breaking the material, or
o Deterioration of the object
 If temporarily separated, will still be regarded as immovable if there is an intent to
put them back (but there are different opinions to this)
 Intent to attach permanently is essential – objects placed by humans with intention
to permanent annexation lose their identity as movables
Statues, reliefs, paintings, or other objects for use or ornamentation
 Immovable when:
o Placed on the immovable by the owner of the latter, and
o In such a manner that it reveals the intention to attach them permanently to
the tenements
 Not necessarily by him personally, can be by his agent
 If placed by a person not the owner like a lessee, the object will not attain the
character of immovable unless such person acts as an agent of the owner
Machinery, receptacles, instruments, or implements for an industry or works
 Immovable only when:
o Placed by the owner of the tenement or his agent
o Industry or works must be carried on in a building or on a piece of land
o Machinery, etc must tend directly to meet the needs of the said industry or
works

 Machinery which is movable in its nature only becomes immobilized when placed in
plant by the owner of the property or plant, but not when so placed by a tenant, a
usufructuary, or any person having only a temporary right (Davao Saw Mill v Castillo)
o Exception (becomes immovable):
1. Such person acted as the agent of the owner, or
2. Lease agreement states that the machines will pass over to the lessor
after the expiration of the lease agreement (US Valdez case)
 Must be essential and be principal elements of an industry or works to the business,
not merely incidental to business (Mindanao Bus Company v City Assessor)
o Cash registers, typewriters for hotels, restaurants, theaters are merely
incidental, these businesses can continue on without them
o Machineries of breweries used in the manufacture of liquor, though
movable by nature, are immobilized because they are essential to said
industries
 For purposes of taxation, it doesn’t matter who placed the machines – the owner or
mere lessee, as long as it is essential and principal elements of an industry. The term
‘real property’ may include things which should generally as personal property. It is a
familiar phenomenon to see things classified as real property for purposes of
taxation which on general principle might be considered personal property. (Meralco
v Central Board of Assessment Appeals – in this case, the storage tanks were placed by
Meralco, who wasn’t the owner of the land, but it was still considered immovable)
 Attachment or incorporation to immovable not essential, since they become
immovable because of destination, what is essential is their utility
Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature
 Considered immovable:
o In case their owner has placed them or preserves them
o With the intention to have them permanently attached to the land
o And forming a permanent part of it.
o The animals in these places are included.
 Must permanently form part of the land and so intended by the owner
Fertilizers actually used on a piece of land
 Immovable when
o Actually used on a piece of land
 Fertilizers kept in a barn are not immovable
Mines, quarries and slag dumps
 Immovable when
o While the matter thereof forms part of the bed
o Meaning, the matter thereof remains unsevered from the soil
 Waters, either running or stagnant, are classified as immovables
Docks and structures, though floating
 Immovable if
o Intended by their nature and object
o To remain at a fixed place on
o A river, lake or coasts
Contracts for public works and servitudes and other real rights over immovables
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 Where the res of a real right is real property, the right itself is real property. So
ownership is real property if the thing owned is immovable
o Loan is real property by analogy if secured by a real estate mortgage
 Where it is personal property, the right itself is personal property
o Exception: case of contracts for public works which are considered real
property

CHAPTER TWO: MOVABLE PROPERTY
Art 416 The following things are deemed to be personal property:
1. Those movables susceptible of appropriation which are not included in the
preceding article;
2. Real property which by any special provision of law is considered as
personalty;
3. Forces of nature which are brought under control by science; and
4. In general, all things which can be transported from place to place without
impairment of the real property to which they are fixed.
Art 417 The following are also considered as personal property:
1. Obligations and actions which have for their object movables or demandable
sums;
2. Shares of stock of agricultural, commercial and industrial entities, although they
may have real estate.
Classes of movable or personal property
1. Property not included in Art 415
2. Considered personal property by special provision of law
3. Forces of nature brought under control by science
4. In general, all movable things
a. Whether the property can be transported or carried from place to
place;
b. Whether such change of lacation can be made without injuring the
immovable to which the object may be attached, and
c. Whether the object does not fall within any one of the cases in Art
415
5. Obligations and actions (personal rights, they having a definite passive
subject)
6. Shares of stock
7. Other incorporeal personal property
a. Intellectual property such as copyrights, patents, etc
Art 418 Movable property is either consumable or non-consumable. To the first
class belong those movables which cannot be used in a manner appropriate to their
nature without their being consumed; to the second class belong all the others.
Importance of classification:
 Consumable goods cannot be the subject matter of a commodatum (unless for mere
exhibition)
 In a mutuum, the subject matter is money or other consumable thing

Consumable
 Depends on nature of thing itself
 Can’t be used in a manner appropriate to their nature without being consumed
Fungible
 Depends on the intention or purpose of the parties
 Can be substitute by another thing of the same kind, quantity and quality
 Money, while characterized as a movable, is generic and fungible. (BPI v Franco)
CHAPTER THREE: PROPERTY IN RELATION TO WHOM IT BELONGS
Art 419 Property is either of public dominion or of private ownership
Property is either of
1. Public dominion or property owned by the State (or its subdivisions) in its public or
sovereign capacity and intended for public use and not for the use of the State as a
juridical person
2. Private ownership or property owned by:
a. The state in its private capacity; known as patrimonial property
b. Private persons, either individually or collectively
Property is presumed to be State property in the absence of any showing to the contrary.
(Regalian Doctrine)
What’s dominion?
1. Not owned by the State but simply under its jurisdiction and administration for the
collective enjoyment of all the people of the State
2. Purpose is to serve the citizens, not the State as juridical person
3. Rises from the fact that the State is the juridical representative of the social group
Art 420 The following things are property of public dominion:
1. Those intended for public use, such as roads, canals, rivers, torrents, ports
and bridges constructed by the States, banks shores, roadsteads and
others of similar character
2. Those which belong to the State, without being for public use, and are
intended for some public service or for the development of the national
wealth
Three kinds of public dominion property
1. Intended for public use
 Can be used by everybody
2. Not for public use but intended for some specific public service
 Only be used by duly authorized people, such as government buildings, etc
3. Intended for the development of national wealth, even if not employed for public use
or service
 Minerals, coal, oil, forests
Charging of fees to the public does not affect the public character of the road or its
character as property for public use.
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What are other property of similar character to those intended for public use?
1. Public streams, river channels, river beds, etc
2. Accretions to the shores of the sea
3. Submerged lands or lands reclaimed from the sea by the government
 Mere reclamation of certain foreshore land does not convert these inalienable
natural resources of the state into alienable or disposable lands of the public
domain.
 There must be a law or proclamation officially classifying them such.
4. Lands that disappeared into the sea
5. Canals constructed on private lands of private ownership but the owner loses his
proprietary right over said canal through prescription by allowing the public to use it
for transportation
6. Foreshore lands when the sea moved toward an estate and the tide invade it, the
invaded property becomes foreshore and passes to the public realm
- Foreshore land is the strip of land that lies between the high and low water
marks
7. Lot on which stairways were built for the use of the people as passageway to the
highway
 Roads refer to those constructed by the national government
 Canals constructed by private persons over private lands are of private ownership
 Roadstead is a place less sheltered or enclosed than a harbor where ships may ride at
anchor
Properties of public dominion are outside of the commerce of man. Again, their purpose is
to serve the citizens.
They can not be the object of appropriation either by the State or private persons.
So…
1. Cannot be sold, leased or be the subject of contracts
2. Cannot be acquired by prescription, not even by municipalities as against the State
3. Cannot be encumbered, attached, or be subject to levy and sold at public auction.
4. Cannot be burdened with easements
5. Cannot be registered under the land registration law and be the subject of a Torrens
title
 Inclusion of public dominion property does not confer title on the registrant
Public lands v Government lands
Public lands
 Lands of the public domain
 Does not include all lands of government ownership but only so much of said lands as
are thrown open to private appropriation and settlement by homestead law
Government lands
 Broader term
 Includes not only public lands, but also…
1. other lands of the government already reserved or devoted to public use,
2. or subject to private rights,
3. and patrimonial lands
Alienation of public agricultural land

 Unless pubic land is shown to have been reclassified and alienated by the State to a
private person, it remains part of the inalienable public domain
 All other lands are presumed to belong to the State
Art 421 All other property of the State, which is not of the character stated in the
preceding article, is patrimonial property.
Patrimonial property
 Property of the State owned by it in its private or proprietary character
 Not for public use, service or development of the national wealth
 May be acquired by private individuals or juridical persons through prescription; can
be the object of an ordinary contract
Art 422 Property of public dominion, when no longer intended for public use or for
public service, shall form part of the patrimonial property of the State.
Property of the National Government
 Not self-executing
 There must be a formal declaration by the executive (exercised by the President) or
possibly legislative department that the property is no longer needed for public use
or for public service before the same can be classified as patrimonial property
 A positive act declaring land as alienable and disposable is required
1. Presidential proclamation or executive order
2. Administrative action
3. Investigation reports of Bureau of Lands investigators
4. Legislative act or a statute (Sec of DENR v Yap)
 Classification of public lands is the exclusive prerogative of the Executive
Department – courts have no authority (Sec of DENR v Yap)
 Abandonment cannot be inferred from non-use. (Roponggi case)
 Two requisites for judicial confirmation of imperfect or incomplete title, under CA
141
1. open, continuous, exclusive and notorious possession and occupation of the
subject land by himself or through his predecessors-in-interest under a
bona fide cliam of ownership since time immemorial or from June 12, 1945
2. classification of the land as alienable and disposable land of the public
domain (Sec of DENR v Yap)
 Unclassified land? Considered as forest land (Sec of DENR v Yap)
Property of Political Subdivisions
 For provinces, cities and municipalities, the conversion must be authorized by law
 Municipal corporation has discretionary power to withdraw a street from public use
and sell it. (Cebu Oxygen v Becilles)
Art 423 The property of provinces, cities, and municipalities is divided into
property for public use and patrimonial property.
Art 424 Property for public use, in the provinces, cities, and municipalities, consist
of the provincial roads, city streets, municipal streets, the squares, fountains, public
waters, promenades, and public works for public service paid for by said provinces,
cities or municipalities.
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All other property possessed by any of them is patrimonial and shall be governed
by this Code, without prejudice to the provisions of special laws.
Property of Political Subdivisions
 Note that the articles speak of property for public use, indicating that properties for
public service are patrimonial. (ambulance of the local government)
 Political subdivisions cannot register as their own any part of the public domain,
unless it is first shown that a grant thereof has been made or possession has been
enjoyed during the period necessary to establish a presumption of ownership.
 If the property is owned by the municipality in its public and governmental capacity,
the property is public and Congress has absolute control over it.
 If it is owned in its private or proprietary capacity, then it is patrimonial and
Congress has no control over it. (page 63, de Leon)
Case doctrines:
 The use of subdivision roads by the general public does not strip it of its private
character.
 Transfer of ownership from the subdivision owner-developer to the local
government is not automatic but requires a positive act from the owner-developer
before the city or municipality can acquire dominion over the subdivision roads.
Until and unless the roads are donated, ownership remains with the owner-
developer. (Woodridge School, Inc v ARB Construction Co, Inc)
Art 425 Property of private ownership, besides the patrimonial property of the
State, provinces, cities, and municipalities, consists of all property belonging to
private persons, either individually or collectively.
Private property
1. Belonging to private persons, either individually or collectively
2. Belonging to the State and any of its subdivisions which are patrimonial in nature
 There is nothing that will prohibit churches from alienating things classified into
‘sacred, religious, and holy.’
Art 426 Whenever by provision of law, or an individual declaration, the expression
“immovable things or property” or “movable things or property” is used, it shall be
deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2.
Whenever the word “muebles” or “furniture,” is used alone, it shall not be
deemed to include money, credits, commercial securities, stocks and bonds,
jewelry, scientific or aristic collections, books, medals, arms, clothing, horses or
carriages and their accessories, grains, liquids and merchandise, or other thing
which do no have as their principal object the furnishing or ornamenting of a
building, except where from the context of the law, or of the individual declaration,
the contrary clearly appears.
TITLE II – OWNERSHIP
CHAPTER ONE: OWNERSHIP IN GENERAL
Art 427 Ownership may be exercise over things or rights
Ownership is the…

 Independent right of a person to the exclusive enjoyment and control of a thing
 Including its disposition and recovery subject only to the restrictions or
limitations established by law and the rights of others
Beneficial Ownership
 Ownership recognized by law and capable of being enforced in court
 Right to enjoyment in one person, legal title is in another
Naked Ownership
 Enjoyment of all the benefits and privileges of ownership
Ownership may be exercised over things or rights
1. Thing – usually refers to corporeal property
2. Rights – whether real or personal, res of rights may be corporeal or incorporeal
Art 428 The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law.
The owner has also a right of action against the holder and possessor of a thing in
order to recover it.
The seven jus-es
1. Possidendi
2. Utendi
3. Fruendi
4. Accessionis
5. Abutendi
6. Disponendi
7. Vindicandi
Right to possess or jus possidendi
 right to hold a thing or enjoy a right (Art 523)
 may be exercised in one’s own name or in that of another
1. Right to use not necessarily included
 May be in the concept of an owner or a mere holder with the ownership
pertaining to another
 Right to possess does not always include the right to use
2. Judgment of ownership may not include possession
 Person may be declared owner but he may not be entitled to possession which
may be in the hands of another such as a tenant
 But! This doctrine may be invoked only where the actual possessor has some
rights which must be respected
3. Where claim to possession based on claim of ownership
 Where the ownership of a property was decided in a judgment, the delivery of
possession should be considered included in the decision where the defeated
party’s claim to the possession is based on his claim of ownership
4. Duty of vendor to deliver possession of thing sold
 Contract of sale, vendor bound not only to transfer ownership, but also deliver
 Considered delivered only when vendee has control and possession
Right to use and enjoy or jus utendi
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 necessarily includes the right to transform and the right to exclude any person from
the enjoyment and disposal thereof
 he may use such force as may be reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or usurpation (Art 429)
 he may enclose or fence his property (Art 430)
 limited because he cannot make use of such property in a manner to injure the rights
of a third person
Right to receive the fruits and accessories or jus fruendi and accessionis
 ownership gives the right by accession to everything which is produced thereby (see
art 440)
Right to consume or jus abutendi
 right of the owner to consume a thing by its use – the use that extinguishes
Right to dispose or alienate or jus disponendi
 either totally (sale or donation) or partially (pledge, mortgage, etc)
 includes right not to dispose
 duty of vendor to transfer ownership
o vendor must be the owner or authorized to sell thing
o sufficient that he be the owner at the time of the delivery of the thing sold
 only the absolute owner can pledge or mortgage one’s property
Right to recover possession and/or ownership or jus vindicandi
 true owner must resort to judicial process for the recovery of the property
 he cannot take the law into his own hands
Actions available to recover possession and/or ownership
1. Recovery of personal property: Remedy of Replevin or manual delivery of personal
property
Requisites (Rule 60, Rules of Court):
Applicant must show by his own affidavit or that of some other person who
personally knows the facts:
i. That the applicant is the owner of the property claimed,
particularly describing it, OR is entitled to the possession thereof
ii. That the property is wrongfully detained by the adverse party,
alleging the cause of detention thereof according to the best of his
knowledge, information and belief
 Applicant has burden of proving his ownership or right of possession over
the property in question
 Both a principal remedy (regain possession) and a provisional remedy
(allow the plaintiff to retain the thing wrongfully detained by another
pendente lite)
2. Recovery of real property:
Forcible entry and unlawful detainer (accion interdictal)
 Forcible entry
Requisites:
i. Instituted by person deprived of possession
ii. Unlawful deprivation of the possession of any land or building, by
force, intimidation, threat, strategy or stealth

iii. Filed within 1 year from date of actual entry (but for cases of
stealth and strategy, from date of knowledge of actual knowledge)
iv. At the MTC where property is located
 Unlawful detainer
Requisites:
i. Instituted by landlord, vendor, vendee or other person against
who the possession of any land or building is unlawfully withheld
ii. Unlawful possession after the expiration or termination of the
right to hold possession (by virtue of contract, etc)
iii. Filed within 1 year from date of last demand to vacate
iv. at the MTC where property is located
 For unlawful detainer, it is essential that the plaintiff’s supposed acts of tolerance
must have been present right from the start of the possession which is later sought to
be recovered (Valdez, jr v CA)
 Only issue involved in both is mere physical or material possession (possession de
facto), not juridical or civil possession (possession de jure)
 Plaintiff need only to allege and prove prior possession de facto and undue
deprivation thereof
 It’s a quieting process
 Summary in nature (to solve the problem quickly and to protect the rights of the
possessor)
 Difference between the two is the time when possession became unlawful – forcible
entry: time of entry; unlawful detainer: possession at first was legal, then became
illegal
 If complaint fails to aver facts constitutive of forcible entry or unlawful detainer as
when it does not state how entry was effected or how and when the dispossession
started, the remedy should either be accion publiciana or an accion reinvindicatoria
(Valdez, jr v CA)
o Must be apparent in the face of the complaint (Sarmiento v CA)
 Jurisdictional facts – what does a plaintiff have to allege?
o For unlawful detainer
i. Plaintiff’s right over property (describing the property)
ii. Prior lawful possession
i. If by tolerance, acts of tolerance must have been present right
from the start of the possession
ii. If by lease, contractual agreement must be shown
iii. Became unlawful (by termination of lease contract or non-payment of
rents)
iv. Extrajudicial demand to vacate
i. If by non-payment, demand letter to PAY RENTS and VACATE
premises (bar question)
v. Within one year from last demand
 Can the MTC rule on the issue of ownership in an ejectment case? Yes! But only
provisionally.
 The primal rule is that the principal issue must be that of possession, and that
ownership is merely ancillary, in which case the issue of ownership may be
resolved but only for the purpose of determining the issue of possession.
 It must sufficiently appear from the allegations in the complaint that what the
plaintiff really and primarily seeks is the restoration of possession.
Page |7
 Inferior court cannot adjudicate on the nature of ownership where the
relationship of lessor and lessee has been sufficiently established in the
ejectment case, unless it is sufficiently established that there has been a
subsequent change in or termination of the relationship between the parties.
 The rule in forcible entry cases, but not in those for unlawful detainer, is that a
party who can prove prior possession can recover such possession even against
the owner himself. He has the security that entitles him to remain on the
property until he is lawfully ejected by a person having a better right through an
accion publiciana or accion reinvindicatoria
 Where the question of how has prior possession hinges on the question of who
the real owner of the disputed portion is, the inferior court may resolve the issue
of ownership and make a declaration as to the owner. But, it is merely
provisional, and does not bar nor prejudice an action between the same parties
involving the title to the land. (Asis v Asis Vda de Guevarra, 2008)
Plenary action to recover possession (accion publiciana)
Requisites:
i. Must be within a period of ten years otherwise the real right of
possession is lost
ii. One who claims to have a better right must prove not only his right but
also the identity of the property claimed
iii. Filed in the RTC where the property is located
 Issue involved is possession de jure of realty independently of title (as compared to
interdictal, possession de facto)
 Judgment rendered here is conclusive only on the question of possession, not that of
ownership
 Jurisdictional facts?
1. Right of plaintiff over property
2. Period to bring interdictal has expired
3. Don’t know na. 
Action to recover possession based on ownership (accion reivindicatoria)
Requisites:
i. Right of plaintiff over property
ii. Filed at the RTC where the property is located
 Seeks recovery of possession based on ownership, with claim of title
 Issue involved is ownership which ordinarily includes possession, although a person
may be declared owner but he may not be entitled to possession because the
possessor has some rights which must be respected
 Action for reconveyance – prescribes in 10 years from the point of the registration of
the deed or the date of issuance of the certificate of title (check book!); 4 years in
cases of fraud counted therefrom on date of issuance of the certificate of title over the
property
o Action for reconveyance based on fraud and where plaintiff is in possession
of the property subject of the acts does not prescribe. (Leyson v Bontuyan)
o NB: Should not have passed to a third person.
All three actions are actions in personam.
Injunction as a remedy for recovery of possession

 Injunction is a judicial process whereby a person is required to do or refrain from
doing a particular thing.
 General rule: Court should not by means of a preliminary injunction transfer
property in litigation from the possession of one party to another.
 In order that a preliminary injunction may be granted at any time after the
commencement of the action and before judgment:
Requisites:
i. there must exist a clear and positive right over the property in
question which should be judicially protected through the writ; and
ii. the acts against which the injunction is to be directed are violative of
such right
 What if there is someone actually possessing the property sought to recover?
o Person not ordinarily allowed to avail of remedy of preliminary preventive
or mandatory injunction but must bring the necessary action for the
recovery of possession.
 Injunctive relief will not be granted to take property out of the possession or control
of one party and place it in that of another whose title…
o Has not been clearly established, or
o Who did not have such possession or control at the inception of the case
 Proper function is to maintain the status quo
 Injunction cannot be a substitute for other suits for recovery of possession, hence, its
denial will not bar the institution of the more appropriate remedy
 Why? Well, a writ of injunction is an equitable relief; determination of title is a legal
remedy – that’s why
When can injunction be allowed?
 In actions for forcible entry, the dispossessed plaintiff may file, within ten days from
filing of the complaint, a motion for a writ of preliminary mandatory injunction to
restore him in possession.
o The court MAY grant In order to prevent the defendant from committing
further acts of dispossession during the pendency of the case
o Issue of ownership may not be put in issue
 Ejectment cases where the appeal is taken, the lessor is given the same remedy
granted above.
 Where the actual possessor of the property who is admittedly the owner, seeks
protection from repeated or further intrusions into his property.
o Even if it turns out that he isn’t the owner, he may still avail of the equitable
remedy of injunction to protect his possession.
 When there is a clear finding of right of ownership and possession of a land in favor
of the party who claims the subject property in possession of another is the
undisputed owner as where the property is covered by a Torrens title pointing to the
party as the owner. (Of course, check the issuance of the title if it was in bad faith)
 When urgency, expediency and necessity require immediate possession as where
material and irreparable injury will be done which cannot be compensated by
damages.
Writ of possession as a remedy
 Writ of possession is an order whereby a sheriff is commanded to place a person in
possession of a real or personal property, such as when a property is extrajudicially
foreclosed.
 Improper to eject another from possession, unless sought in connection with a:
Page |8
1. Land registration proceeding
2. Foreclosure of mortgage, provided, that no third person has intervened (PNB
v CA – in this case, a third person was occupying the lot subject to the writ.
The SC held that the an ex-parte petition for issuance of a possessory writ is
not the judicial process referred to in Art 433);
3. Execution sales
Limitations on the right of ownership
Limited by
1. by the State’s power to tax, police power, and eminent domain
2. those imposed by law such as legal easement
3. those imposed by the owner himself, such as voluntary easement
4. those imposed by the grantor of the property on the grantee
5. those arising from conflicts of private rights which take place in accession
continua
6. prohibition against the acquisition of private lands by aliens
Art 429 The owner or lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use such
force as ay be reasonably necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.
Principle of self-help
Requisites:
i. Person defending must be the owner or lawful possessor
ii. Use of reasonable force
iii. Only be exercised at the time of an actual or threatened dispossession (no delay)
iv. Actual or threatened physical invasion or usurpation which is unlawful
Read with Art 19 of the Civil Code.
Art 430 Every owner may enclose or fence his land or tenements by means of walls,
ditches, live or dead hedges, or by any other means without detriment to servitudes
constituted thereon.
Right to enclose or fence
 Limited by existing servitudes imposed on the land or tenement
Art 431 The owner of a thing cannot make use thereof in such manner as to injure
the rights of a third person.
Art 432 The owner of a thing has no right to prohibit the interference of another
with the same, if the interference is necessary to avert an imminent danger and the
threatened damage, compared to the damage arising to the owner from the from
the interference, is much greater. The owner may demand from the person
benefited indemnity for the damage to him.
State of necessity
General rule: a person cannot interfere with the right of ownership of another
Exception: State of necessity, but of course, civil indemnification can be asked for
Requisites:

i. interference is necessary to avert an imminent danger and the threatened
damage to actor or a third person (but the damage must be proportionate
and reasonable)
ii. imminent danger or threatening damage must be much greater than the
damage arising to the owner of the property
Art 433 Actual possession under claim of ownership raises a disputable
presumption of ownership. The true owner must resort to judicial process for the
recovery of the property.
 Applies to both immovable and movable property
Requisites to raise the disputable presumption of ownership:
i. Actual (physical or material) possession of the property
ii. Possession must be under claim of ownership
Judicial process contemplated
 Means ejectment suit or reinvidicatory action
 Ex-parte petition for issuance of a possessory writ is not a judicial process, as it is
non-litigious (PNB v CA)
Art 434 In an action to recover, the property must be identified, and the plaintiff
must rely on the strength of his title and not on the weakness of the defendant’s
claim.
Requisites:
i. Person who claims that he has a better right to the property must satisfactorily
prove both ownership and identity
ii. Burden of proof lies on the party who substantially asserts the affirmative of an
issue
iii. Reliance on strength of evidence and not upon the weakness of the opposing
party
 Party who desires to recover must fix the identity of the land claimed by describing
the location, area and boundaries thereof
o If a party fails to identify sufficiently and satisfactorily the land which he
claims as his own, his action must necessarily fail
o While the identity of the property must be established, it is not necessary
for the plaintiff to establish the precise location and extent of the lands
claimed or occupied by the defendant
 General rule: where there is a conflict between the area and boundaries of a land, the
latter prevails.
o An area delimited by boundaries properly identifies a parcel of land
Exception: where the boundaries relied upon do not identify the land beyond
doubt
o In such cases where there appears to be an overlapping of boundaries, the
actual size of the property gains importance.
Equiponderance of evidence? Rule for defendant.
Evidence to prove ownership
1. A Torrens title
Page |9
2. Title from the Spanish government
3. Patent duly registered in the Registry of Property
4. Deed of sale
5. Operating a business for nine years in defendant’s own name, without protest of
plaintiff
6. Occupation of a building for a long time without payment of rent
7. Letter in which defendant recognized the ownership of the property by the plaintiff
(estoppel)
8. Open, continuous, exclusive, adverse and notorious actual possession and occupation
of parcels of land
Indicia of claim of ownership
1. Tax declarations and tax receipts – only prima facie evidence of ownership or
possession; but they are good indicia of possession in the concept of owner
Conclusiveness of certificates of title
 Indicates true and legal ownership of a private land and should be accorded great
weight as against tax declarations
o but is not conclusive if the land had already been previously registered
Art 435 No person shall be deprived of the property except by competent authority
and for public use and always upon payment of just compensation.
Should this requirement be not first complied with, the courts shall protect, and in
a proper case, restore the owner in his possession.
Power of eminent domain
Requisites:
i. Taking must be done by competent authority
ii. Must be for public use
iii. Owner paid just compensation
iv. Requirement of due process of law must be observed
Should the requirements be not first complied with, restore the property to his
possession.
 But can be lost by estoppel or acquiescence
Art 436 When any property is condemned or seized by competent authority in the
interest of health, safety or security, the owner thereof shall not be entitled to
compensation, unless he can show that such condemnation or seizure is unjustified.
Condemnation or seizure of property in exercise of police power
 Relates to use and enjoyment not ownership of property
 No taking of property involved
 Persons affected not entitled to financial compensation
Art 437 The owner of a parcel of land is the owner of its surface and of everything
under it, and he can construct thereon any works or make any plantations and
excavations which he may deem proper, without detriment to servitudes and
subject to special laws and ordinances. He cannot complain of the reasonable
requirements of aerial navigation.
 P a g e | 10

Surface rights of a landowner

Right of the owner of a parcel of land to construct any works or make any plantations and Accession Accessory
excavations on his land is subject to: (SLERRt)
1. Special laws  fruits of, additions to,  things joined to, included with
2. Local ordinances improvements upon a thing the principal for the latter’s
3. Existing servitudes or easements  includes building, planting and embellishment, better use or
4. Reasonable requirements of aerial navigation sowing completion
5. Rights of third persons  alluvion, avulsion, change of  necessary to principal thing
course of rivers, formation of
Limitations imposed by special laws islands example: key of a house, bow of a
 Includes the regalian doctrine  not necessary to the principal violin
 Ownership of said land does not give him the right to extract or utilize the said thing
minerals without the permission of the State to which said minerals belong
o For the loss sustained by such owner, he is entitled to just compensation
under mining laws or expropriation proceedings Accession, not a mode of acquiring ownership
 Merely a consequence of ownership
Art 438 Hidden treasure belongs to the owner of the land, building, or other  Exercise of the right of ownership
property on which it is found.  Since the law itself gives the right, accession may, IN A SENSE, be considered as a
Nevertheless, when the discovery is made on the property of another, or of mode of acquiring property under the law
the state or any of its sub-divisions, and by chance, one-half thereof shall be
allowed to the finder. If the finder is a trespasser, eh shall not be entitled to any Kinds of accession
share of the treasure. 1. Accession discreta
If the things found be of interest to science or the arts, the State may
 Extension of the right of ownership of a person to the products of a thing which
acquire them at their just price, which shall be divided in conformity with the rule belongs to such a person
stated.
 Includes natural, industrial, and civil fruits (Art 441)
2. Accession continua
Art 439 By treasure is understood, for legal purposes, any hidden and unknown
 Extension of the right of ownership to that which is incorporated or attached to
deposit of money, jewelry, or other precious objects, the lawful ownership of which
a thing which belongs to such person
does not appear.
 May take place:
Requisites:  With respect to real property
i. Deposit of money, jewelry or other precious objects  Accession industrial (building, planting, sowing); or
ii. Hidden and unknown  Accession natural (alluvion, avulsion, change of river course, and
iii. Lawful ownership of which does not appear formation of islands)
 With respect to personal property
 Conjunction (attachment, engraftment)
CHAPTER TWO: RIGHT OF ACCESSION  Commixtion or confusion
GENERAL PROVISIONS  Specification
SECTION I – RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY
PROPERTY Art 441 To the owner belongs:
o The natural fruits;
Art 440 The ownership of property gives the right by accession to everything which o The industrial fruits;
is produced thereby, or which is incorporated or attached thereto, either naturally o The civil fruits.
or artificially.
Art 441 refers to accession discreta
Accession defined
Accession is the right of the owner of a thing, real or personal, to become the owner of Right of owner to the fruits
everything which is: General rule: All fruits belong to the owner of a thing.
1. produced thereby, Exception: A person, other than the owner of a property, owns the fruits thereof:
2. incorporated 1. possession in good faith by another (possessor entitled to the fruits received before
3. attached thereto, possession is legally interrupted)
either naturally or artificially. 2. usufruct (usufructuary entitled to all the fruits of the property on usufruct)

3. lease of rural lands (lessee gets fruits, lessor gets rents)
4. pledge (pledgee gets fruits, etc but with the obligation to compensate what he
receives with those which are owing him)
5. antichresis (creditor acquires the fruits of his debtor’s immovable, but with the
obligation to apply them first to the interest and then to the principal amount of the
credit)
Art 442 Natural fruits are the spontaneous products of the soil, and the young and
other products of animals.
Industrial fruits are those produced by lands of any kind through
cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other
property and the amount of perpetual or life annuities or other similar income.
Natural fruits
Two kinds:
1. Spontaneous products of the soil (not through human cultivation or labor), and
2. Young and other products of animals (chicks, eggs, wool, milk)
 The second kind is considered as natural fruits whatever care or management,
scientific or otherwise, may have been given by man since the law makes no
distinction.
 Puppies, while cute, bred by a professional breeder are still natural fruits
Industrial fruits
 Those products which are borne through the cultivation or labor of humans
 Usually cultivated for a purpose
Civil fruits
1. Rents of buildings
2. Prices of leases (rents) of lands and other property (including movables)
3. Amount of perpetual or life annuities or other similar income
Art 443 He who receives the fruits has the obligation to pay the expenses made by a
third person in their production, gathering, and preservation.
Art 443 applies when:
1. Owner of property recovers the property from a possessor and the possessor
has not yet received the fruits although they may have already been gathered or
harvested; or
2. The possessor has already received the fruits but is ordered to return the same
to the owner
In both cases, the owner is obliged to reimburse the previous possessor for the expenses
incurred by the latter.
What if the possessor is in bad faith?
 The owner cannot excuse himself from his obligation by alleging bad faith on the part
of the possessor because the law makes no distinction
When does good faith/bad faith come into play?
P a g e | 11
 When the goods have yet to be gathered.
 Under 449, a BPS in bad faith has no right of reimbursement for expenses, nor to the
fruits. Only for the necessary expenses of preservation of land.
What if the expenses exceed the fruits?
 The owner must pay the expenses just the same because the law makes no
distinction
 But keep in mind that the owner only pays for the expenses for production, gathering
and preservation – not improvement.
Art 444 Only such as are manifest or born are considered as natural or industrial
fruits.
With respect to animals, it is sufficient that they are in the womb of the
mother, although unborn.
When natural fruits and industrial fruits deemed to exist
1. Plants which produce only one crop and then perish (rice, corn, sugar): from the time
the seedlings appear from the ground
2. Plants and trees which live for years and give periodic fruits (mangoes, oranges,
epols): deemed existing until they actually appear on the plants or trees
3. Animals: beginning of the maximum ordinary period of gestation (when there can be
no doubt that they are already in the womb of the mum)
4. Fowls: the fact of appearance of chicks should retroact to the beginning of incubation
SECTION II – RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY
Section 2 deals with one kind of accession continua, that of immovables. It comprehends
accession industrial (445-456) and accession natural (457-465).
Certain basic principles must be kept in mind:
1. Accession follows the principal
 Owner of the principal acquires the ownership of the accession
2. Incorporation or union must be intimate
 Removal or separation cannot be effected without substantial injury to either or
both
3. Effect of good faith and bad faith
 Good faith exonerates a person from punitive liability but bad faith may give rise
to dire consequences
 General rule: person who acts in bad faith has no rights
 Exception: person who is in good faith or bad faith is entitled to reimbursement
for necessary expenses or preservation (452) as well as expenses for cultivation,
gathering and preservation (443)
4. Effect of both parties in bad faith
 Bad faith of one neutralizes bad faith of the other
 Neither party may demand as a matter of right the removal of the improvements
against the will of the other for such right is available only to a party in good
faith where the other is in bad faith
5. Unjust enrichment
General rule on accession industrial
Art 445 and 446 give the general rule that the accessory follows the principal.
 P a g e | 12

Exception: Art 120 of the Family Code Bad faith Bad faith
Same as when both are in good faith.
Definitions:
1. Building – generic term for all architectural work with roof built for the purpose of
being used as man’s dwelling, or for offices, clubs, theaters, etc. Art 448 The owner of the land on which anything has been built, sown or planted in
2. Repairs – putting of something back into the condition in which it was originally in good faith, shall have the right to appropriate as his own the works, sowing or
(not an improvement) planting, after payment of the 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
Art 445 Whatever is built, planted or sown on the land of another and the sowed, the proper rent. However, the builder or planter cannot be obliged to buy
improvements or repairs made thereon, belong to the owner of the land, subject to the land if its value is considerably more than that that of the building or trees. In
the provisions of the following articles. such case, he shall pay reasonable rent, if the owner of the land does not choose to
appropriate the building or trees after proper indemnity. The parties shall agree
 Owner of land must be known for this article to apply upon the terms of the lease and in case of disagreement, the court shall fix the
terms thereof.
Art 446 All works, sowing, and planting are presumed made by the owner and at his
expense, unless the contrary is proved. Art 449 He who builds, plants or sows in bad faith on the land of another, loses what
is built, planted or sown without right to indemnity.
Disputable presumptions as to improvements:
1. The works, sowing, and planting were made by the owner. and Art 450 The owner of the land on which anything has been built, planted or sown in
2. They were made at the owner’s expense. 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 condition at the expense of the
He who alleges the contrary of these presumptions has the burden of proof. 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 447 The owner of the land who makes thereon, personally or through another,
paintings, constructions or works with the materials of another, shall pay their Art 451 In case of the two preceding articles, the landowner is entitled to damages
value; and if he acted in bad faith, he shall also be obliged to the reparation of from the builder, planter or sower.
damages. The owner of the materials shall have the right to remove them only
incase he can do so without injury to the work constructed, or without the Art 452 The builder, planter or sower in bad faith is entitled to reimbursement for
plantings, constructions or works being destroyed. However, if the landowner the necessary expenses of preservation of the land.
acted in bad faith, the owner of the materials may remove them in any event, with a
right to be indemnified for damages. Art 453 If there was bad faith, not only on the part of the person who built, planted
or sowed on the land of another, but also on the part of the owner of such land, the
Applies when the owner of the property uses the materials of another. rights of one and the other shall be the same as though both had acted in bad faith.
It is understood that there is bad faith on the part of the landowner
Landowner-Builder/Planter/Sower Owner of Materials whenever the act was done with his knowledge and without opposition on his part.
Good faith Good faith
LO-BPS can acquire the materials Entitled to full payment for value of Art 454 When the landowner acted in bad faith and the builder, planter or sower
provided there is full payment materials, or proceeded in good faith, the provisions of article 447 shall apply.
May remove materials provided there
is no substantial injury to work done What’s good faith?
Bad faith Good faith Consists in the:
Acquire the materials provided he Entitled to full payment for value of 1. Honest belief that the land he is building, planting, sowing on is his or that by some
pays full payment plus damages materials plus damages, or title, he has a right to build, plant, sow on it; and
Remove materials even if there will be 2. Ignorance of any defect or flaw in his title
substantial injury to work done plus
damages Abrenica definition: State of mind at the time he built the improvements (Pleasantville
Good faith Bad faith case)
Acquire materials without paying for Loses materials without indemnity
the value thereof and entitled to and will be liable for damages due to Usually, it applies to building, planting, sowing in the concept of ownership.
damages due to defects or inferior defects or inferior quality of materials But the Supreme Court has expanded its coverage to
quality of materials 1. Cases wherein a builder had constructed improvements with the consent of the
owner

2. Builders in good faith who relied on the consent of another whom they have
mistakenly believed to be the owner of the land
3. To children who built improvement on a land belonging to their parents with their
parents consent (Macasaet case)
Landowner Builder/planter/sower
Good faith Good faith
Option 1: Purchase whatever has been Receive indemnity for necessary,
built, planted, or sown after paying useful and luxurious expenses
indemnity which includes necessary, (depends on landowner) with right of
useful and luxurious expenses (if he retention over the land without
wishes to appropriate the luxurious obligation to pay rent until full
expenses) payment of indemnity
Prohibited from offsetting or Remove useful improvement
compensating the necessary and provided it does not cause any injury
useful expense with the fruits (part of right of retention)
received by the BP in good faith
(Nuguid case) If LO does not appropriate luxurious
improvements, BPS can remove the
same provided there is no injury to
the principal thing (land or building)
Right of retention only applies when
LO chooses to appropriate (but does
not apply if property of public
dominion)
Option 2: To oblige the BP to buy the To purchase land at fair market value
land or the S to pay the proper rent at time of payment when value is not
unless the value of the land is considerably more than that of the
considerably more than that of the building or trees
building or trees
To pay rent until the purchase has
Legal implication of planter v sower: been made (Technogas case)
Owner can’t compel sower to buy,
only rent. If BP cannot pay purchase price of the
land, LO can require BP to remove
whatever has been built, planted, or
sown.
If the value of the land is considerably
more than that of the building or
trees, BP cannot be compelled to buy
the land. In such case, BP will pay
reasonable rent if LO does not choose
option 1.
If BPS cannot pay the rent, LO can
eject BPS from the land.
Good faith
Option 1: To acquire whatever has
been built, planted or sown without
paying indemnity except necessary
expenses for preservation of land and
luxurious expenses (should LO want
to acquire luxurious improvement)
plus damages
Option 2: To oblige BP to buy land or
S to pay proper rent plus damages,
regardless of valuation
Option 3: To compel BPS to remove or
demolish work done plus damages
Bad Faith
Acquire whatever has been built,
planted or sown by paying indemnity
plus damages
P a g e | 13
Note: Rental period of sower is only
until he gathers what he sowed. He
doesn’t have the remedy of removal.
(Sarmiento)
Bad Faith
Loses whatever has been built,
planted or sown without indemnity
and liable to pay damages
Entitled to reimbursement for
necessary expenses for preservation
of land but no right to retention (and
also 443)
NOT Entitled to reimbursement for
useful expenses and cannot remove
useful improvements even if removal
will not cause injury (MWSS case)
Not entitled to luxurious expenses
except when LO wants to acquire
(value of which will be the one at the
time LO enters into possession)
Entitled to remove luxurious
improvements if it will not cause
injury and LO does not want to
acquire them. If it will cause injury
and LO doesn’t want to acquire, he
gets it for free (Dean Del)
Obliged to pay for land or proper rent
and pay damages
Obliged to remove or demolish work
done at his expense and pay damages
Good Faith
Ball is in the court of the BPS.
BPS can remove whatever has been
built, planted or sown regardless of
whether or not it will cause injury and
will be entitled to damages
If LO acquires whatever has been
built, planted or sown, BPS must be
indemnified the value thereof plus
damages
If LO does not acquire, BPS cannot
insist on purchasing land
 P a g e | 14

provided there is retention over land until materials; if BPS is

Bad Faith Bad Faith payment of indemnity full payment insolvent, to proceed
Both in good faith (which includes value of against LO who is
what has been built, subsidiarily liable with
planter or sown plus no right of retention
Necessary expenses value of materials used)
 Made for the preservation of the thing, or Option 2: To oblige BP To buy land or to pay To receive indemnity
 Those which seek to prevent the waste, deterioration, or loss of the thing to buy land or S to pay proper rent from BPS only (LO is not
rent unless value of land subsidiarily liable) with
is considerably more right of retention until
Useful expenses than that of building or full payment; or
 Expenses which add value to a thing or trees
 Augment is income To remove materials if
there will be no injury
on building or trees and
When does good faith cease? will have material lien
 From the moment defects in the title are made known to the possessor by extraneous against BPS for payment
evidence or by suit for recovery of the property by the true owner of materials
Good Faith Good Faith Bad Faith
What happens if good faith ceases? (Rosales case) Same Whatever is the choice
 LO can acquire improvements built PRIOR to the notice to BPS (when good faith of LO, the OM:
ceased), and indemnify BPS of current market value at time of payment 1. loses the materials in
 LO entitled to rent from the time BPS good faith ceased favor of the BPS and
2. will have no right to
When will these rules not apply? receive indemnity from
1. When other provisions of law govern (agency, co-ownership, lease, usufruct) BPS nor LO
2. Improvement constructed on one’s own land subsequently sold (person constructs a Good Faith Bad Faith Bad Faith
house on his own land and later sold land to another) Option 1: To acquire BPS loses what has been (Since both BPS and OM
 But, the provision on indemnity in 448 may be applied by analogy where the whatever has been built, built, planted or sown are in bad faith, treat
owner-builder later lost ownership of the land by virtue of a court judgment, planted or sown without plus liable for damages them both as if they are
considering that the primary intent of 448 is to avoid a state of forced co- paying indemnity except but is entitled to be in good faith.)
ownership especially where the parties in the main agree that 448 and 546 are for necessary expenses indemnified for
applicable and indemnity for the improvements may be paid although they for preservation of land necessary expenses and Whatever is the choice
differ as to basis of the indemnity - whut?! (Pecson v CA) and luxurious expenses luxurious expenses of the LO, OM has right
3. Builder is a belligerent occupant (should LO want to (should LO want to to receive indemnity for
4. Constructions not in the nature of buildings acquire luxurious acquire luxurious value of materials from
5. Property of public domain improvements) plus improvements) and has BPS only (LO has no
damages no right of removal even subsidiary liability for
Art 455 If the materials, plants or seeds belong to a third person who has not acted if removal will not cause value of materials
in bad faith, the owner of the land shall answer subsidiarily for their value and only damage because OM is
in the event that the one who made use of them has no property with which to pay. considered in good faith
This provision shall not apply if the owner makes use of the right granted only insofar as BPS is
by Article 450. If the owner of the materials, plants or seeds has been paid by the concerned)
builder, planter or sower, the latter may demand from the land-owner the value of
the materials and labor. OM has no right to
remove materials even
Landowner Builder/Planter/Sower Owner of the Materials if there will be no injury
Good Faith Good Faith Good Faith or damage
Option 1: To acquire To receive indemnity To receive indemnity Option 2: To oblige BP To buy the land or pay Get indemnification
whatever has been built, from LO with right of from BPS who is to buy the land or S to proper rent and liable to from the BPS
planted or sown primarily liable for pay damages to LO
 P a g e | 15

pay proper rent plus 1. Accretion because of sudden and forceful action like that of flooding
damages 2. Accretion caused by human intervention (would still be part of public domain – Vda
Option 3: To oblige BP To demolish or remove Liable to pay damages de Nazerno v CA)
to demolish or remove what has been built, due to defects or 3. Accretion caused by action of Manila Bay (since Manila Bay is not a river, it’s part of
what has been built, planted or sown and inferior quality of the sea)
planted or sown plus liable for damages materials 4. Accretion on the bank of a lake (like Laguna de Bay) have been held to belong to the
damages owners of the lands to which they are added
Bad Faith Good Faith Good Faith
To acquire what has To receive indemnity TO receive indemnity of Elements of river and their ownership
been built, planted or from LO plus damages materials principally A river is a compound concept consisting of three elements:
sown by paying from BPS and in case 1. Running waters
indemnity plus liable to BPS is insolvent, 2. The bed
pay damages subsidiarily from LO 3. The banks
Bad Faith Good Faith Bad Faith
Same Same No right to receive  Since a river is a compound concept, it should have only one nature – it should either
indemnity for value of be totally public or completely private. And since rivers, whether navigable or not,
materials from BPS nor are of public dominion (Art 420), it is implicit that all the three component elements
LO (who ends up be the same nature also.
owning buildings or
trees) Reasons for alluvion
 If OM in bad faith, he doesn’t get anything (unless BPS in bad faith as well) 1. Compensate the riparian owner for the danger of loss that he suffers because of
the location of his land
Art 456 In the cases regulated in the preceding articles, good faith does not 2. Compensate him for the encumbrances and various kinds of easements to which
necessarily exclude negligence, which gives right to damages under article 2176. his property is subject
3. Promote the interests of agriculture for the riparian owner it in the best position
Art 457 To the owners of the lands adjoining the banks of rivers belong the to utilize the accretion
accretion which they gradually receive from the effects of the current of the waters.
Accretions affecting lands registered under the Torrens system
Article treats of alluvion, a form of accession natural. In case of diminution of area
 Registration does not protect the riparian owner against diminution of the area of his
Alluvion is… land through gradual changes in the course of the adjoining stream
 Accretion which the banks of rivers gradually receive from the effects of the current  Accretions which the banks of rivers may gradually receive from the effect of the
of the waters and current become the property of the owners of the banks
 Which belong to the owners of lands adjoining the said banks In case of increase of area
 Although alluvion is automatically owned by the riparian owner, it does not
 Riparian owners are owners of lands adjoining the banks of rivers. automatically become registered land, just because the lot which receives such
 Littoral owners are the owners of lands bordering the shore of the sea or lake or accretion is covered by a Torrens title
other tidal waters  So, alluvial deposit acquired by a riparian owner of registered land by accretion may
be subjected to acquisition through prescription by a third person, by failure of such
Distinguished from accretion owner to register such accretion within the prescribed period
 Alluvion is applied to the deposit of soil or to the soil itself
Art 458 The owners of estates adjoining ponds or lagoons do not acquire the land
 Accretion is the act or process by which a riparian land gradually and imperceptively
left dry by the natural decrease of the waters, or lost that inundated by them in
receives addition made by the water to which the land is contiguous
extraordinary floods.
Requisites  Refers only to ponds and lagoons
i. Deposit or accumulation of soil or sediment must be gradual and imperceptive o No application when the estate adjoins a creek, stream, river or lake
ii. Accretion results from the effects or action of the current of waters of the river o For purposes of alluvion, lakes are of the same category of creeks, streams
(exclusive work of nature) and rivers
iii. Land where accretion takes place must be adjacent to the bank of a river  Pond
o a body of stagnant water without an outlet
Instances when alluvion DOES NOT take place o larger than a puddle and smaller than a lake
 P a g e | 16

 Lagoon o Continuous movement of a body of water, often horizontal, in a certain

o small lake, ordinarily of fresh water, direction
o and not very deep, fed by floods  River
o the hollow bed of which is bounded by elevations of land o Natural surface stream of water of considerable volume
 Lake o Permanent or seasonal flow
o Body of water formed in depressions of the earth o Emptying into an ocean, lake or other body of water
o Ordinarily fresh water  Creek
o Coming from rivers, brooks or springs o Small islet extending further into land
o Connected with the sea by them o Natural stream of water normally smaller than and ofter tributary to a river
o Hence, Laguna de Bay is a lake  Torrent
o Violent stream of water
o A flooded river or one suddenly raised by a heavy rain and descending a
Art 459 Whenever the current of a river, creek or torrent segregates from an estate steep incline
on its bank a known portion of land and transfers it to another estate, the owner of o Raging flood or rushing stream of water
the land to which the segregated portion belonged retains the ownership of it,
provided that he removes the same within two years. What if a portion of land is transferred, but not by a current of water, but by a landslide?
 You can apply Art 459, by analogy.
Avulsion is…
 Also known as force of river Remove it within two years
 Defined as the accretion which takes place when the current of a river, creek or  The former owner preservers his ownership of the segregated portion provided he
torrent segregates from an estate on its bank a known portion and transfers it to removes (not merely claims) the same within the period of 2 years
another estate  It would seem that his failure to do so would have the effect of automatically
 In which case, the owner of the estate to which the segregated portion belonged, transferring ownership over it to the owner of the other estate
retains the ownership thereof  Law doesn’t make a distinction between private land and land of the public domain
 Also refers to the segregation or transfer itself of a known portion of land to another  Why two years?
by the force of the current o Segregated portion is usually very small and it is thus useless to the original
owner
Alluvion Avulsion o Similar to uprooted trees (but there, 6 months)
 Deposit of soil is gradual  Deposit is sudden or abrupt o If the owner of the separated portion retains his ownership without any
 Deposit of soil belongs to the  The owner of the property from qualification, he would have a right to enter the other estate at any time,
owner of the property where the which a part was detached which wouldn’t be convenient to the other estate
same was deposited retains the ownership thereof o After a long period, the detached potion may become permanently attached
 The soil cannot be identified  Detached portion can be to the new land so it’ll be hard to remove
identified
Art 460 Trees uprooted and carried away by the current of the waters belong to the
 Where there had been accretions to the land adjacent to the bank of a river, the owner of the land upon which they may be cast, if the owners do not claim them
riparian owner does not lose the ownership of such accretions even if they are within 6 months. If such owners claim them, they shall pay the expenses incurred in
separated by avulsion from the land by the sudden change of the course of the river gathering them or putting them in a safe place.

Requisites  Applies only to uprooted trees

i. Segregation and transfer must be caused by the current of a river, creek or
torrent
ii. Segregation and transfer must be sudden or abrupt
iii. Portion of land transported must be known or identifiable
 Even if the detached portion be placed on top of another land instead of being
adjoined to it, Art 459 still applies as long as it can be identified as coming form the
estate from which it was detached
 If only soil is removed by water and spread over another’s land such that no known
portion can be said to exist which can be removed, there is no avulsion
 Current
 If a known portion of land with trees standing thereon is carried away by the current
to another land, Art 459 governs
 The original owner claiming the trees is liable to pay the expenses incurred by the
owner of the land upon which they have been cast in gathering them or putting them
in a safe place
 Claim must be done in 6 months
o If not, the trees will belong to the owner of the land where the trees have
been cast to
o Six months is a condition precedent and not a prescription period
o After a claim is made within 6 months an action may be brought within the
period provided by law for prescription of movables

NB: For trees, you need only CLAIM within the period. For land (Art 459), you have to
REMOVE them within 2 years
Art 461 River beds which are abandoned through the natural change in the course
of the waters ipso facto belong to the owners whose lands are occupied by the new
course in proportion to the area lost. However, the owners of the lands adjoining
the old bed shall have the right to acquire the same by paying the value thereof,
which value shall not exceed the value of the area occupied by the new bed.
River beds abandoned through natural change in the course of waters
 They belong to owners occupied by the new course of the river
o In proportion to the area lost (if only one owner lost a portion of his land,
the entire old bed should belong to him. If more than two, then in
proportion to the area lost)
 Abandoned? The words may be construed to mean that where there is abandonment
by the government over the old bed, the owner of the invaded land automatically
acquires ownership of the same without any formal act on his part. (Remember that
rivers are property of public dominion)
o The change in the course of the river does not ipso facto result in the
abandonment of the river but must be the reason for its abandonment, in
other words, the river is abandoned because of or through the natural
change of the water
 The owners of land adjoining the old bed are given the preferential right to acquire
the old bed by paying the value thereof
o The indemnification shall not exceed the value of the area occupied by the
new bed (in case of disagreement, bring the case to court.)
Requisites
i. There must be a natural change in the course of the waters of the river
ii. Change must be abrupt or sudden
NB: Law speaks of change of river course. If a river simply dries up or disappears, the bed
left dry will belong to public dominion (Art 502)
Art 462 Whenever a river, changing its course by natural causes, opens a new bed
through a private estate, this bed shall become of public dominion.
NB: This article talks of the new riverbed. Art 461 talked about the old riverbed.
 The bed of a public river or stream is of public ownership (Art 502)
 If the river changes its course and opens a new bed, this bed becomes of public
dominion even if its on private property
 Just as the old had bed had been of public dominion before the abandonment, the
new riverbed shall likewise be of public dominion
 No distinction whether a river is navigable or floatable or not
P a g e | 17
Art 463 Whenever a current of a river divides itself into branches, leaving a piece of
land or part thereof isolated, the owner of the land retains his ownership. He also
retains it if a portion of land is separated from the estate by the current.
NB: This article does not refer to the formation of islands through accretion (that’s in Art
464 and 465).
This article refers to the formation of an island caused by a river dividing itself into
branches resulting in:
1. The isolation of a piece of land or part thereof, or
2. The separation of a portion of land from an estate by the current (see Art 459)
 The owner preserves his ownership of the isolated or separated property
Art 464 Islands which may be formed on the seas within the jurisdiction of the
Philippines, on lakes, and on navigable or floatable rivers belong to the State.
Art 465 Islands which through successive accumulation of alluvial deposits are
formed in non-navigable and non-floatable rivers, belong to the owners of the
margins or banks nearest to each of them, or to the owners of both margins if the
island is in the middle of the river, in which case it shall be divided longitudinally in
halves. If a single island thus formed be more distant from one margin than from
the other, the owner of the nearer margin shall be the sole owner thereof.
Rules of ownership of islands form through alluvion
1. An island belongs to the State as part of its patrimonial property if it is formed:
a. On the seas within the jurisdiction of the Philippines
b. On lakes
c. On navigable or floatable rivers
2. If it is formed in non-navigable and non-floatable rivers:
a. It belongs to the nearest riparian owner or owner of the margin or bank
nearest to it as he is considered in the best position to cultivate and develop
the island (in other words, sa pinakamalapit na may ari ng lupa)
b. If it is in the middle of the river, the island is divided longtitudinally in
halves
c. If the island formed is longer than the property of the riparian owner, the
latter is deemed ipso jure to be the owner of that portion which
corresponds to the length of that portion of his property along the margin
of the river
d. If a new island is formed between an existing island and an opposite bank,
the owner of the older island is considered a riparian owner together with
the owner of the land adjoining the bank for the purpose of determining
ownership of the island
o He must of course register the land, else it be subject to adverse possession
of another
 Navigable river
o One which forms in its ordinary condition by itself or by uniting with other
waters a continuous highway over which commerce is or may be carried on

o Test: whether it is navigable in fact, if it is used or susceptible of being used
as a highway of commerce, for trade and travel in the usual and ordinary
modes
o A navigable river is one that is “floatable”, that is, a river admitting floats
i. Hence, a floatable stream is a navigable stream (Macatangay v
Secretary of Public Works – in this case, natangay si Macatangay.
Hehehe!)
SECTION THREE – RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY
Art 466 Whenever two movable things belonging to different owners are, without
bad faith, united in such a way that they form a single object, the owner of the
principal thing acquires the accessory, indemnifying the former owner thereof for
its value.
Adjunction is…
 The union of two movable things belonging to different owners
 In such a way that they form a single object
 But one of the component things preserves its value
Characteristics of adjunction
In order that adjunction may take place, it is necessary that:
1. There are two movables belonging to different owners
2. They are united in such a way that they form a single object; and
3. They are so inseparable that their separation would impair their nature or result in
substantial injury to either
 In determining the right of the parties in adjunction, regard is had only to the things
joined and not to the persons.
 But where there is a mere change of form or value which does not destroy the
identity of the component parts, the original owners may demand their separation
(Art 469)
Kinds of adjunction
1. inclusion or engraftment (such as when a diamond is set on a gold ring)
2. soldering or soldadura (when led is united or fused to an object made of lead)
a. ferrumincaion (if both the accessory and principal are of the same metal)
b. plumbatura (if they are of different metals)
3. writing or escritua (when a person writes on paper belonging to another)
4. painting or pintura (when a person pains on canvas of another)
5. weaving or tejido (when threads belonging to different owners are used in making
textile)
Art 467 The principal thing, as between two things incorporated, is deemed to be
that to which the other has been united as an ornament, or for its use or perfection.
Art 468 If it cannot be determined by the rule given in the preceding article which
of the two things incorporated is the principal one, the thing of the greater value
shall be so considered, and as between two things of equal value, that of greater
volume.
P a g e | 18
In painting and sculpture, writings, printed matter, engraving and
lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed
the accessory thing.
Tests to determine the principal in adjunction
In the order of application, the principal is that:
1. To which the other (accessory) has been united as an ornament or for its use or
perfection. (rule of importance and purpose)
2. Of greater value, if they are of unequal values;
3. Of greater volume, if they are of an equal value;
4. That of greater merits taking into consideration all the pertinent legal provisions
(see Art 475) applicable as well as the comparative merits, utility and volume of
their respective things
 The special rule regarding paintings, etc is based on the consideration that what
is painted is of greater value that the board or canvas inasmuch as the
exceptions mentioned are specified, its provision can not be applied by analogy
to cases of adjunction of similar nature which are deemed excluded. (See Art 467
and 468)
Art 469 Whenever the things united can be separated without injury, their
respective owners may demand their separation.
Nevertheless, in case the thing united for the use, embellishment or perfect
of the other, is much more precious than the principal thing, the owner of the
former may demand its separation, even though the thing to which is has been
incorporated may suffer some injury.
When separation of things united are allowed
1. Whenever the separation can be done without injury
2. When the accessory much more precious, the owner of the accessory may demand its
separation even though the principal thing may suffer some injury
 Owner who made or caused the union or incorporation shall bear the expenses
for separation
3. When principal acted in bad faith, owner of accessory may separate even if the
principal thing be destroyed
Art 470 Whenever the owner of the accessory thing has made the incorporation in
bad faith, he shall lose the thing incorporated and shall have the obligation to
indemnify the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the
owner of the accessory thing shall have a right to choose between the former
paying him its value or that the thing belonging to him be separated, even though
for this purpose it be necessary to destroy the principal thing; and in both cases,
furthermore, there shall be indemnity for damages.
If either one of the owners has made the incorporation with the knowledge
and without the objection of the other, their respective rights shall be determined
as though both acted in good faith.
ADJUNCTION (accessory follows principal)
Rights of Owner of Principal Rights of Owner of Accessory
Good Faith Good Faith
 P a g e | 19

Acquires the accessory, indemnifying Loses the accessory but has a right to 1. If the mixture by will of owners, their rights shall be governed by their stipulations.
the owner of the value thereof indemnity for the value of the In the absence of any stipulation, each owner acquires a right or interest in the
accessory mixture in proportion to the value of his materials as in co-ownership.
Except: When value of accessory is MIXTURE
much more precious than the Has a right to demand separation Owner who caused mixture Owner of the thing mixed into
principal thing (469) even if it causes injury to the principal Good faith or by chance Good faith or by chance
thing (469)
Except: When still separable, may Each owner acquires a right Each owner acquires a right
demand separation (no adjunction May demand separation (469( proportional to the part belonging to proportional to the part belonging to
anyway) him, bearing in mind the value of the him, bearing in mind the value of the
Good faith Bad faith things mixed or confused things mixed or confused
Acquires the accessory and has a right Loses the thing and has liability for Bad faith Good faith
to indemnity for damages he may damages Loses the thing mixed or confused Acquires the thing mixed plus entitled
have suffered plus liable to pay damages to damages
Bad faith Good faith
Pays for the accessory plus damages Option 1: Demand the owner of the
principal to pay for the value of the Art 474 One who in good faith employs the material of another in whole or in part
accessory plus damages in order to make thing of a different kind, shall appropriate the thing thus
Separate thing even if it is destroyed transformed as his own, indemnifying the owner of the material for its value.
plus pay damages Option 2: Demand separation even if If the material is more precious than the transformed thing or is of more
it causes the destruction of the value, its owner, may, at his option, appropriate the new thing to himself, after first
principal thing plus damages paying indemnity for the value of the thing, or demand indemnity for the material.
Bad Faith Bad Faith If in the making of the thing bad faith intervened, the owner of the material
As if both are in good faith shall have the right to appropriate the work to himself without paying anything to
the maker, or to demand of the latter that he indemnify him for the value of the
Art 471 Whenever the owner of the material employed without his consent has a material and the damages he may have suffered. However, the owner of the
right to indemnity, he may demand that this consist in the delivery of a thing equal material cannot appropriate the work in case the value of the latter, for artistic or
in kind and value, and in all other respects, to that employed, or else in the price scientific reasons, is considerably more than that of the material.
thereof, according to expert appraisal.
Art 472 if by the will of their owners two things of the same or different kinds are Definition of specification
mixed, or if the mixture occurs by chance, and in the latter case the things are not  Takes place whenever the work of a person is done on the material of another
separable without injury, each owner shall acquire a right proportional to the part  Such material, in a consequence of the work itself, undergoing a transformation.
belonging to him, bearing in mind the value of things mixed or confused.  Imparting of a new form to the material belong to another, or making of the material
Art 473 if by the will of only one owner, but in good faith, two things of the same or of another into a different kind
different kinds are mixed or confused, the rights of the owners shall be determined o Flour made into bread, grapes into wine, clay into bricks, love into hate
by the provisions of the preceding article. (joke. Putek, ang boring ng Property. If you’ve made it this far, good for you!)
If by the one who caused the mixture or confusion acted in bad faith, he
shall lose the thing belonging to him thus mixed or confused, besides being obliged SPECIFICATION (accessory follows principal)
to pay indemnity for the damages caused to the owner of the thing with which his Owner of material Builder
own was mixed Good faith Good faith
Right to indemnification for the value Shall appropriate the thing thus
Definition of mixture of the material. transformed as his own, indemnifying
 Takes place when two or more things belonging to different owners are mixed or the owner of the material for its value.
combined
 With the respective identities of the component parts destroyed or lost
 Two kinds Except: Material more precious than
o Commixtion (for solids) transformed thing.
o Confusion (for liquids) To be indemnified.
Option 1: Appropriate the new thing
Rules governing mixture (co-ownership) to himself, indemnifying the builder
for his work.
 P a g e | 20

Appropriate the same after indemnity i. Instrument, record, claim, encumbrance or proceeding which is apparently
Option 2: Demand indemnity for the for material. valid or effective,
material. ii. Such instrument is in truth and in fact, invalid, ineffective, voidable or
Good faith Bad faith unenforceable, or has been extinguished or terminated, or has been barred
Option 1: Appropriate the work to Loses his work. No right to indemnity. by extinctive prescription
himself without paying indemnity. iii. Such instrument may be prejudicial to said title
(Damages also?)
Pay for the materials and damages. Action to quiet title
Except: When for artistic or scientific  Requisites:
reasons, the thing has a value i. Plaintiff or complainant has a legal or an equitable title to, or interest in the
considerably higher than the material. real property subject of the action
The owner of the material cannot ii. The deed, claim or proceeding claimed to be casting cloud on his title must
appropriate the work. be shown to be, in fact, invalid or inoperative despite its prima facie
Must pay indemnity and damages. appearance of validity or legal efficacy
Option 2: Demand indemnity for
material plus damages. Action to quiet title Action to remove a cloud on title
 Purpose to put an end to  Removal of a possible foundation
troublesome litigation in respect for a future hostile claim
Art 475 In the preceding articles, sentimental value shall be duly to the property involved  Preventive action to prevent a
appreciated.  Remedial action involving a future cloud on the title
present adverse claim  2nd paragraph of Art 476
Adjunction, mixture and specification distinguished  1st paragraph of Art 476
Adjunction Mixture Specification
At least two things At least two things May be only one ting  An action to quiet title includes an action to remove a cloud of title.
whose form is changed
Component parts retain Things mixed may or Component parts retain Nature of action
or preserve their nature may not retain their or preserve their nature  Quasi in rem
respective original  Judgment is conclusive only between the parties
nature  The res, the subject-matter of the controversy, is within the court’s jurisdiction, and
Accessory follows Co-ownership results Accessory follows it is because of that circumstance that the court is able to adjudicate
principal principal  Not essential that the court acquire jurisdiction of the person of the defendant
CHAPTER THREE: QUIETING OF TITLE Benefits from allowing actions
 Task of court is to determine the respective rights of the parties so that the
ART 476 Whenever there is a cloud on title to real property or any interest therein, complainant and those claiming under him may forever free from any danger of
by reason of any instrument, record, claim, encumbrance or proceeding which is hostile claim (Rumarate case)
apparently valid or effective but it is in truth and in fact invalid, ineffective,
 Affords prompt and adequate method to remove cloud on title
voidable or unenforceable, and may be prejudicial to said title, an action may be
 Promotes improvement of property
brought to remove such clod or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title
To what kind of property does this action apply?
to real property or any interest therein.
 Real property, which may refer to either the title or only an interest therein
Title to real property refers to that upon which ownership is based. (usufruct, servitude, lease record, etc)
Plaintiff in action for quiet title dies, should it be dismissed? No. It’s a quasi in rem suit.  Not to personal property
Defendant’s defenses: prescription, lack of jurisdiction of court o But, they may be applied to personalty under exceptional circumstances
with respect to certain types of property which
Cloud on title  partake of the nature of real property (vessels, motor vehicles,
 Semblance of title, either legal or equitable, or a claim or a right in real property, certificates of stocks), or
appearing in some legal from, but which is in fact, invalid or which would be  treated to some extent as realty because of registration
inequitable to enforce requirements for ownership or transactions affecting them
(chattel mortgage)
 Requisites

Prescriptibility of action
1. If plaintiff in possession, it does not prescribe. An action to quiet title brought by a
person who is in possession of the property is imprescriptible.
2. If plaintiff not in possession, he must invoke his remedy within the proper
prescriptive period. Ten years if in good faith, 30 years if in bad faith.
Art 477 The plaintiff must have legal or equitable title to, or interest in the real
property which is the subject matter of the action. He need not be in possession of
said property.
Title and possession of the plaintiff
 Plaintiff must have a legal or equitable title or an interest in the real property which
is the subject matter of the action
o Legal title may consist in full ownership or in naked ownership
o If plaintiff has beneficial interest in the property (such as a beneficiary in a
trust), he has beneficial title
o Interest in property is any interest short of ownership, like the interest of a
mortgagee or a usufructuary
 If plaintiff is not in possession, he may also bring one of the three actions mentioned
in addition to the action to quiet title
 In order to afford complete relief to the parties in action to quiet title, the court,
without thereby converting the action from quieting of title into accion publiciana,
may determine,:
o Incidentally the ownership,
o The stats of the legal title to the property
o Right to the possession thereof
Art 478 There may also be an action to quiet title or remove a cloud therefrom
when the contract, instrument or other obligation has been extinguished or has
terminated, or has been barred by extinctive prescription.
Two cases when action allowed
An action to quiet title may be maintained:
1. When the contract, instrument, or other obligation has been extinguished or
terminated (right of the defendant has been extinguished by the happening of a
condition subsequent)
2. When the contract, instrument or other obligation has been barred by extinctive
prescription (as where plaintiff has possess in bad faith the property publicly,
adversely and uninterruptedly for 30 years)
Art 479 The plaintiff must return to the defendant all benefits he may have received
from the latter, or reimburse him for expenses that may have redounded to the
plaintiff’s benefit.
Obligation of plaintiff to return or reimburse
 The purpose of the action to quiet title is solely
o to remove the cloud on the plaintiff’s title or
o to prevent a cloud from being cast upon his title, and not to obtain any other
benefit
 Plaintiff is bound to return to the defendant all the benefits he may have received
form the latter or reimburse him for the expenses incurred on the property which
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has redounded to the plaintiff’s benefit (less of course, any damage which he suffered
by reason of the defendant)
Art 480 The principles of the general law on the quieting of title are hereby adopted
insofar as they are not in conflict with this Code.
Art 481 The procedure for quieting of title or the removal of a cloud therefrom shall
be governed by such rules of court as the Supreme Court shall promulgate.
CHAPTER FOUR: RUINOUS BUILDINGS AN TREES IN DANGER OF FALLING
Art 482 If a building, wall, column or any other construction is in danger of falling,
the owner shall be obliged to demolish it or to execute the necessary work in order
to prevent it from falling.
If the proprietor does not comply with this obligation, the administrative
authorities may order the demolition of the structure at the expense of the owner,
or take measures to insure public safety.
 If a building, wall, column or other construction is in danger of falling, the owner has
the duty to either:
o Demolish it, or
o Repair it.
 In case he doesn’t, the administrative authorities, in the exercise of police power,
may order the demolition of the structure, or take measures to insure public safety
 Recognition of the limitation of the owner’s rights in the use and enjoyment of his
property
o Sic utere tuo ut alienum non laedas. – Use your property as not to injure
others
Art 483 Whenever a large tree threatens to fall in such a way as to cause damage to
the land or tenement of another or to travelers over a public or private road, the
owner of the tree shall be obliged to fell and remove it; and should he not do so, it
shall be done at his expense by order of the administrative authorities.
 Owner of the tree may be compelled to fell and remove a threatening tree, and should
he fail to do so, the work shall be ordered done at his expenses by the administrative
authorities