G.

Effects of Possession
1. In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has right to be protected in or restored to said possession. (Art. 539)

A. Action to recover possession

i. Summary proceedings - forcible entry and unlawful detainer. Plaintiff may ask for writ of
preliminary injunction
ii. Accion Publiciana (based on the superior right of possession, not of ownership)
iii. Accion Reinvindicatoria (recovery of ownership)
iv. Action for replevin (possession of ownership for movable property)
2. Possessor can employ self-help (Ar. 429)
3. Entitlement to fruits - possessor in good faith/ bad faith
4. Reimbursement of expenses - possessor in good faith / bad faith
Liability for loss or deterioration of property by possessor in bad faith (Art. 553, 552)
5. Possession of movable acquired in good (in concept of owner) is equivalent to title (Art. 559)
- Possessor has actual title which is defeasible only by true owner
- One who has lost a movable or has been unlawfully deprived thereof may recover it without
reimbursement, except if possessor acquired it at a pubic sale.

H. Effects of Possession in the concept of the owner

a. Possession may ripen into full ownership, subject to certain exceptions
b. Presumption of just title and cannot be obliged to show or prove it (Art. 541); exceptions (Art
1131)
c. Possessor may bring all actions necessary to protect his possession except accion reivindicatoria
d. May employ self-help under Art. 429
e. Possessor may ask for inscription of such real right of possession in the registry of property
f. Has right to the fruits and reimbursement of expenses (assuming he is a possessor in good faith)
g. Upon recovery of possession which he has been unlawfully deprived may demand fruits and
damages.
h. Generally, he can do on the things possessed everything that the law authorizes owner to do until
he is ousted by one who has better right
i. Possession in good faith and possession in bad faith (Art. 528)

I. Presumptions in favor of the Possessor:

1. Of good faith until the contrary is proved (Art. 527)
 2. Of continuity of initial good faith in which possession was commenced or possession in
good faith does not lose this character except in the case and from the moment
possessor became aware or is not unaware of improper or wrongful possession. (Art.
528)
3. Of enjoyment of possession in the same character in which possession was acquired
until contrary is proved (Art. 529)
4. Of non-interruption of possession in favor or present possessor who proves possession
at a previous time until the contrary is proved (Art. 554) Arts 112 -1124)
5. Of continuous possession or non-interruption of possession of which he was wrongfully
deprived for all purposes favorable to him (Art. 561)
6. Other presumptions with respect to specific properties or property rights:
a. Of extension of possession of real property to all movables contained therein so
long as it is shown that he should be excluded; exceptions (Art 426)
b. Non- interruption of possession of hereditary property (Art. 533 and 1078)
c. Of just title in favor of possessor in concept of owner (Art. 541; but also see Art.
1141)

​J. Possession may be lost by:

a. Abandonment
b. assignment , either onerous or gratuitous
c. Destruction of total loss of thing or it goes out of commerce
d. Possession by another, if possession has lasted longer than one year; real right of
possession not lost until after ten years
- Subject to art. 537 (acts merely tolerated, etc.)

Cases:
Cequena v Bolante GR 137944 April 6, 2000
Dizon v Beltran GR No 221071 January 18, 2017
Lamsis v Dong-E GR No. 173021 October 20, 2010

VII. USUFRUCT

A. Concept – (Art. 562)

Usufruct is a real right, temporary in character that authorizes the holder to enjoy all the
advantages derived from a normal exploitation of another’s property, according to its destination or
purpose, and imposes and obligation of restoring at the time specified, either the thing itself or its
equivalent.
B. Historical considerations
C. Characteristics of Usufruct
D. Usufruct distinguished from lease; from servitude
E. Classes of Usufruct

1. By origin:
a. Voluntary
b. Legal – Art. 321 C.C.; Effect of Art. 226, Family Code
c. Mixed

2. By person enjoying right of usufruct (Art. 564)

a. Simple
b. Multiple
1. Simultaneous
2. Successive
Limitation on successive usufruct (Art. 756, 863 & 869)

3. By object of usufruct (Art. 564)

a. Rights
b. Things
1. Normal
2. Abnormal, irregular or quasi-usufruct

4. By the extent of the usufruct

a. As to the fruits (Art. 564)
1. Total
2. Partial

b. As to object
1. Singular
2. Universal (Art. 598)
- subject to provisions of Arts. 758 & 759

5. By the terms of usufruct (Art. 564)

a. Pure
b. Conditional
c. With a term (period)

F. Rights

a. Right to possess and enjoy the thing itself, its fruits and accessions
- Fruit consist of natural, industrial and civil fruits.
- As to hidden treasure, usufructuary is considered a stranger (Art. 566; 436)
- Fruits pending at the beginning of usufruct (Art. 567)
- Civil fruits (Art. 569, 588)

b. Right to lease the thing (Art. 572)

- Limitations
- Liability of usufructuary – lessor (Art. 590)
- Exceptions to right of leasing the thing

c. Right to improve the thing (Art. 579)

As to the legal right of usufruct itself

 a. Right to mortgage
b. Right to alienate the usufruct, except in purely personal usufructs, or when title
constituting it prohibits the same.

G. Rights of the naked owner

1. At the beginning of usufruct

(obligations of usufructuary)

2. During the usufruct;

a. Retains title to the thing or property
b. He may alienate the property
Limitations (Art. 581)

H. Obligations of Usufructuary

1. At the beginning of usufruct or before exercising the usufruct

A. to make inventory (Art. 583)

1. Requisites of Inventory
i. Immovable described
ii. Movable appraised

2. Exception to requirement of inventory

i. No one will be injured thereby (Art. 585)

ii. Title constituting usufruct excused the making of inventory
iii. Title constituting usufruct already makes an inventory

B. To give a bond for the faithful performance of duties as usufructuary

1. No bond is required in the following:

i. No Prejudice would result (Art. 585)

ii. usufruct is reserved by donor (Art. 584)
iii. Title constituting usufruct excused usufructuary

2. During the usufruct.

a. To take care of the thing like a good father or a family (Art. 589)
- Effect of failure to comply with obligation (Art. 610)

b. To undertake ordinary repairs (Art. 592)

Concept of ordinary repairs

c. To notify owner of need to undertake extra-ordinary repairs (Art. 593)

1. Concept of extraordinary repairs.

2. Naked owner obliged to undertake them but when make by owner,

usufructuary pays legal interest on the amount while usufruct
lasts (Art. 594, par. 1)
3. Naked owner cannot be compelled to undertake extra-ordinary repairs.

3a. If indispensable and owner fails to undertake extraordinary repairs

may be made by usufructuary; (Art. 594, 2)

d. To pay for annual charges and taxes on the fruits

e. To notify owner of any act detrimental to ownership (Art. 601)
f. To shoulder the costs of litigation re usufruct (Art. 602)
g. To answer for the fault or negligence of alienee, lessee, or agent of usufructuary (Art. 590)

I. At the time termination of the usufruct

To deliver the thing in usufruct to the owner in the condition in which he has received it, after
undertaking ordinary repairs.
- Exception: abnormal usufruct

J. Special Cases of usufruct

1. Usufruct over a pension or periodical income (Art. 570)

2. Usufruct of property owned in common (Art. 582)
3. Usufruct of head of cattle (Art. 591)
4. Usufruct over vineyards and woodlands (Art. 575-576)
5. Usufruct on a right of action (Art. 578)
6. Usufruct on mortgaged property (Art. 660)
7. Usufruct over an entire patrimony (Art. 598)
- Liability of usufructuary for debts
8. Usufruct over deteriorable property (Art. 578)
9. Usufruct over consumable property (or quasi-usufruct)
Art. 574

K. Extinguishment of usufruct (Art. 603)

1. Death of usufructuary unless a contrary intention clearly appears

2. Expiration of period of fulfillment of resolutory condition imposed on usufruct by person

constituting the usufruct

. time that may elapse before a third person attains a certain age, even if the latter
dies before period expires
- unless granted only in consideration of his existence Art. 606

3. Merger of rights usufruct and naked ownership in one person

4. Renunciation of usufruct

a. Limitations
- Must be express
- If made in fraud of creditors, waiver may be
rescinded by them through action under Art. 1381

5. Extinction or loss of property

a. If destroyed property is insured before the termination of the usufruct (Art. 608)
 1. When insurance premium paid by the owner and usufruct (Art. 608, Par
1)
a. If owner rebuilds, usufruct subsist on new building
b. If owner does not rebuild interest upon insurance proceed paid to
usufructuary

2. When the insurance taken by owner only because usufrutaury refuses

Art. 608, par. 2)

a. Owner entitled to insurance money (no interest paid to

usufructuary)
b. If he does not rebuild, usufruct continues over remaining land
and / or owner may pay the interest on value of both (Art. 607)
c. If owner rebuilds, usufruct does not continue on new building, but
owner must pay interest on value on land and old materials.

3. When insurance taken by usufructuary only depends on value of

usufructuary’s insurable interest (not provided for in Civil Code).

a. Insurance proceeds to usufructuary

b. No obligation to rebuild
c. Usufruct continues on the land
d. Owner does not share in insurance proceeds

b. If destroyed property is not insured (Art. 607)

1. If building forms part of an immovable under usufruct

a. If owner does rebuild, usufruct

continues over the land and materials
b. If owner rebuilds, usufructuary must allow owner to
occupy the land and to make use of materials, but value
of both and land and materials

6. Termination of right of person constituting the usufruct

7. Prescription
Cases covered: If third party acquires ownership of thing or property in
usufruct or right of ownership lost through prescription or right of usufruct not
began within prescriptive period, or if there is a tacit abandonment or non-user of
thing held in usufruct for required period.

8. What do not cause extinguishment of usufruct

a. Expropriation of thing in usufruct (Art. 609)

b. Bad use of thing in usufruct (Art. 810
Owner’s right
c. Usufruct over a building (Art. 607, 608)

VII. EASEMENT OR SERVITUDES

A. Definition – Easement or real servitudes is a real which burden a thing with a

presentation consisting of determinate servitudes for the exclusive enjoyment of a person who is not the
owner or of a tenement belonging to another, or it is the real right immovable by nature i.e. land and
buildings, by virtue of which the owner of the same has to abstain from doing or to allow somebody else
to do something in his property for the benefit of the another thing or person.

B. Essentials feature of easements / real servitudes / praedial servitudes.

1. It is a real, i.e., it gives an action in rem or real action against any possessor of servient
estate.

2. It is a right enjoyed over another property

3. It is a right constituted over an immovable by nature (Land and buildings), not over
movables.

4. It limits the servient owner’s right of ownership for the benefit of the dominant estate.
Right of limited use, but no right to posses servient estate, Being an abnormal limitation
of ownership, it cannot be presumed.

5. It creates a relation between tenements

6. It cannot consist in requiring the owner of the servient estate to do an act, (​servitus in
faciendo consistere nequit​) unless the act is accessory to a praedial servitude (obligation ​propter rem)​

7. Generally, it may consist in the owner of the dominant estate demanding that the owner
of the servient estate refrain from doing something (​servitus in non faciendo)​ , or that the latter permit that
something be done over the servient property (​servitus in patendo​), but not the right to demand that the
owner of the servient estate do something (​servitus in faciendo)​ except if such obligation to a praedial
sevitude (obligation ​propter rem)​ .

8. It is inherently or inseparable from estate to which they actively or passively belong (Art.
617)

9. It is intransmissible, i.e., it cannot be alienated separately from the tenement affected, or

benefited.

10. It is indivisible. (Art. 618)

11. It has permanence, i.e., once it attaches, whether used or not, it continues and may be
used at anytime.

C. Classification of Servitudes

1. As to recipient of benefits:

a. Real or Praedial
b. Personal (Art. 614)

2. As to origin:
a.Legal whether for public use or for the interest of private persons (Art. 634)
b. Voluntary

3. As to its exercise (Art. 615)

a. Continuous
b. Discontinuous
 4. As indication of its existence (Art. 615)

a. Apparent
b. Non-apparent

5. By the object or obligation imposed (Art. 616)

a. Positive
b. Negative (prescription start to run from service of notarial prohibition)

D. General rules relating to servitudes

1. No one can have a servitude over his own property (​nulli res sua servit​)
2. A servitude cannot consist in doing (​servitus in faciendo consistere nequit​)
3. There cannot be a servitude over another servitude (​Servitus servitutes esse non potest)​
4. A servitude must be exercised in a way least burdensome to the owner of the land.
5. A servitude must have a perpetual cause.

E. Modes of Acquiring Easements.

1. By title-juridical act which give rise to the servitude, i.e. law donations, contracts or wills.

a. If easement has been acquired but no proof of existence of easement available,

and easement is one that cannot be acquired by prescription – then

1. May be cured by deed of recognition by owner of servient estate, or

2. By final judgment
3. Existence of an apparent sign considered a title (Art. 624)

2. By prescription (distinguish bet. positive vs negative)

F. Rights and Obligations of Owners of Dominant and Servient Estates.

1. Right of owner of dominant estate

a. To use the easement (Art. 626) and exercise all rights necessary for the use of the (Art. 625)

b. To do at his expense, all necessary works for the use and preservation of the easement (Art. 627)

c. In a right of way, to ask for change in width of easement sufficient for needs of dominant estate (Art.
651)

2. Obligations of the owner of Dominant Estate:

a. To use the easement for benefit of immovable and in the manner originally established
(Art. 626)

b. To notify owner of servient estate before making repairs and to make

repairs in a manner least inconvenient to servient estate.
 c. To contribute to expenses of works necessary for use and preservation of
servitude, if there are several dominant estates, unless be renounces his interest (Art.628).

3. Rights of owner of servient estate

a. To retain ownership and use of his property (Art. 630)

b. To change the place and manner of use the easement (Art. 629, par. 2)

4. Obligations of the servient estate

a. Not to impair the use of the easement (Art. 628, par. 1)

b. To change the place and manner of use the easement (Art. 628, par. 2)

G. Modes of Extinguishment of Easements:

1. Merger – must be absolute, perfect and definite, not merely temporary.

2. By non-user for 10 years.
a. Computation of the period

(1) discontinuous easements; counted from the day they ceased to be used.
(2) continuous easements: counted from the day an act adverse to the
exercise took place.

b. The use by a co-power of the dominant estate bars prescription with

respect to the others (Art. 633)

c. Servitudes not yet exercised cannot be extinguished by non-user.

3. Extinguishment by impossibility of use

4. Expiration of the term or fulfillment of resolutory condition
5. Renunciation of the owner of dominant estate – must be specific clear, express
(distinguished from non-user)
6. Redemption agreed upon between the owners
7. Other causes not mentioned in Art. 631

a. Annulment or rescission of the Title constituting the easement

b. Termination of the right of grantor
c. Abandonment of the servient estate
d. Eminent domain
e. Special cause for extinction of legal rights of way; if right of way; if right of way no
longer necessary Art. 651 – 655

H. Legal Easements

1. Law Governing Legal Easement

a. For public easements

1.Special laws and regulations relating thereto, e.g. Pres. Decree

1067, P.D. 705
 2.By the provisions of Chapter 2, Title VII, book II New Civil Code

b. for private legal easements

1) by agreement of the interest parties whenever the law does not prohibit
it and no injury is suffered by a third person.
2) by the provisions of Chapter 2, Title VII book II

2. Private Legal Easements provided for by the new Civil Code

a. Those established for the use of water or easements relating to waters (Art.
637-648)

1) Natural drainage of waters (Art. 637)

2) Easements on lands along riverbanks (Art. 638), See Water Code.
3) Abutment of a dam (Art. 639)
4) Aqueduct (Art. 645-646)
5) Drawing waters and watering animals (Art. 640)
6) Stop lock or sluice gate (Art. 649)

b. The easement of party wall (Art. 649-657)

c. The easement of party wall (Art. 658-666)

d. The easement of light and view (Art. 667-673)

e. The easement of drainage of buildings (Art. 674-676)

f. The easement of distance for certain constructions and plantings (Art. 677-681)

g. The easement against nuisances (Art. 682-683)

h. The easement of lateral and subjacent support (Arts. 684-687)