 Property may be defined as anything which is or

may be the object of appropriation. (Art 414).

 The term may also refer to any right or interest

which a person has over an object. This right may
refer to the all-encompassing right of ownership
or to lesser rights such as use, enjoyment or
possession.
 R.A. No. 349 (as amended by R.A. No. 1056) – This law legalized permissions to
use human organs or any portion or portions of the human body for medical,
surgical, or scientific purposes, under certain conditions.

 R.A. No. 7170: "Organ Donation Act of 1991" -- Under this law, an individual can
donate all or any part of his body by way of legacy or will. The members of the
family may also authorize such a donation in the absence of contrary intention by
the decedent. Donations are only valid when made for therapy/transplantation,
research or medical education.

 R.A. No. 7719: " National Blood Services Act of 1994 " -- This law lays down the
legal principle that the provision of blood for transfusion is a medical service and
not a sale of commodity.

 See case of Beltran v. Secretary of Health, G.R. No. G.R. No. 133640, November 25, 2005 re
constitutionality of Sec. 7, R.A. No. 7719 which provides for the phasing out of commercial blood
banks in the Philippines)
 The Constitution protects property and provides that no person
may be deprived thereof without due process of law. This means
that a person cannot be dispossessed or deprived of his property
arbitrarily, even by the government. Deprivation may only take place
for a legal cause, upon order by the proper authorities (usually
courts or quasi-judicial agencies), and after following the proper
procedure as prescribed by law or rules. At a minimum, the
procedure involves an impartial tribunal and a right to be heard
before judgment is rendered.

 Protection also entails the enforcement by the law of property

rights. This means that if a person’s property rights are violated, he
may seek redress from the law and avail himself of the State’s
coercive powers to repair the injury done to him.
Example: One who has been unlawfully deprived of his personal
property, may recover it from the person in possession of the
same. (See Art. 559)
REAL AND PERSONAL RIGHTS
 A real right is the power belonging to a person over a specific thing or
right, without a passive subject individually determined, against whom
such right may be personally exercised. A personal right is the power
of one person to demand of another, as a definite passive subject, the
fulfillment of a prestation to give, to do, or not to do.
 In real rights, the holder is able to act directly upon the thing by
himself. Thus, e.g., in the right of ownership, the owner can occupy,
utilize, transform, dispose or fence off the property he owns.
Moreover, a real right is absolute in the sense that it is enforceable
against any possessor of the subject property.
 In personal rights, the holder must enforce his rights through the
action of another person. Thus, e.g., a buyer cannot just seize the thing
he bought, he must require the seller to deliver it to him. Moreover, a
person right is relative in the sense that is enforceable against a
specific person only.
IMMOVABLE v. MOVABLE

 Art. 414 provides that all things which

are or may be the object of appropriation
are considered either:

 Immovable or real property; or

 Movable or personal property.
 The classification is important in determining:
▪ (a) the formalities governing a transaction over the
property;

▪ (b) if the property is subject to real property taxes;

▪ (c) if the property may validly be the subject of chattel

mortgage or real estate mortgage;

▪ (d) which procedure is applicable for attachment or

execution;

▪ (f) which period applies for acquisitive prescription of

the property.
IMMOVABLE PROPERTY. – ART. 415
These may be grouped according to the
following categories:

▪ Immovables by Nature
▪ Immovables by Incorporation
▪ Immovables by Destination
▪ Immovables by Analogy
 Definition: Those which cannot be
moved or transported from place to
place, such as:

 a. Land, buildings, roads and

constructions of all kinds adhered to
the soil (Art. 415, par. 1)
 Questions:
 Should a building be ALWAYS considered as an
Immovable Property?

 What if the owner of the land is different from

the owner of the building?

 What if the parties execute a chattel mortgage

over the building?
▪ Buildings are always immovables.

▪ The mere fact that the building and the land on which it
stands do not belong to the same owner does not make
the building movable.

▪ The mere fact that parties deal with the building

separately or apart from the land on which it stands
does not change its character as real property. Thus, a
chattel mortgage over the building would not bind third
parties.
▪ But such chattel mortgage is binding on the parties, as parties
may validly agree to treat a real property as personal property.
They are estopped from repudiating their treatment of the
property as movable.
b. Mines, quarries and slag dumps,
while the matter thereof forms part
of the bed, and waters either
running or stagnant (Art.415, par.
8);
 Definition: those which are essentially movables,
but are attached to an immovable in such a
manner as to be an integral part thereof, such as:

 a. Trees, plants and growing fruits, while they

are attached to the land or form an integral
part of an immovable (Art. 415, par. 2);

▪ When they are cut or uprooted, they become

movables.
 b. Everything attached to an immovable in a fixed manner, in
such a way that it cannot be separated without breaking the
material or deterioration of the object (Art.415,par. 3);
▪ When they are detached from the immovable, they become movable
again.

▪ Is it necessary that the breaking or deterioration be substantial?

▪ WATER PUMP INSTALLED IN RESIDENCE BUT REMOVABLE

WITHOUT DETERIORATION, NOT IMMOVABLE PROPERTY — The
Civil Code considers as immovable property, among others, anything
"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." The pump does not fit this description. It
could be, and was in fact separated from Yap's premises without
being broken or suffering deterioration. Obviously the separation or
removal of the pump involved nothing more complicated than the
loosening of bolts or dismantling of other fasteners. (Yap v. Tanada,
et al., G.R. No. L-32917. July 18, 1988)
 Fertilizer actually used on a piece of
land (Art. 415, par. 7).
 Definition: those which are essentially
movables but, by the purpose for which
they have been placed in an immovable,
partake of the nature of the latter because
of the added utility derived therefrom.
 a. Statues, reliefs, paintings or other
objects for use or ornamentation, placed in
buildings or on lands by the owner of the
immovable in such manner that it reveals
the intention to attach them
permanently to the tenements (Art. 415,
par. 4)
 b. Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may
be carried on in a building or on a piece of
land, and which tend directly to meet the
needs of the said industry or works (Art. 415,
par. 5)
 Problem:
 As part of its transportation business, Rider Taxi Co. placed
in a building that it was leasing, equipment for repairs and
service of its fleet of taxi cabs. The equipment were not
attached permanently to the tenement.

▪ Are these equipment considered as immovable properties?

▪ Would your answer be the same if these equipment were placed in

a building owned by Rider Taxi Co. ?
 Under Art. 415, pars 4 and 5, to become
immovable, the items must be placed by the
owner of the immovable (or his agent)
 Items placed by a mere lessee or usufructuary or other
person having temporary right, remain movable, unless
there is a stipulation that the items will remain with the
immovable at the end of the lease or usufruct (in which
case the lessee or usufruct may be considered as agent
of the owner in placing the items – Thus, these may now
be considered as Immovables by Destination).
 The machinery or implements covered by Art. 415,
par. 5 are those which are the “principal and
essential elements” of the business. i.e., those
without which the business would be unable to
function or carry out its principal purpose.
Examples: the brewing machinery of a beverage
company or the milling machinery of a sugar
central.
 The provision does not cover those items which are
merely “incidental” to the business. Examples: repair
tools of a transportation company; cash registers or
typewriters of a hotel or restaurant business; forklifts,
jeep wagons, or pressure pumps of airline companies;
delivery trucks of manufacturing businesses.
 c. Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in case
their owner has placed them 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
(Art. 415, par. 6)
 d. 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 (Art. 415, par. 9)

▪ Power barges are immovable properties by

destination.
 Definition: These refer to intangible rights related
to immovables.
 Contracts for public works, and servitudes and other
real rights over immovable property. (Art. 415, par.
10)

▪ Examples of “real rights over immovables”: real estate

mortgages; usufruct; antichresis;
 MOVABLE PROPERTY: In general, movable
property are those which are not included in the
enumeration in Art. 415. They may also be
categorized as follows:

 Movables by nature;
 Movables by analogy;
 Subclassification of movables based on consumability
 Subclassification of movables based on fungibility
 “Muebles” or “furniture”.
 a. Those movables susceptible of appropriation
which are not included in Art. 415 (Art. 416, par. 1)

▪ The simplest test is whether an object is

included in Art. 415. If it is not, it is movable.
 b. Real property which by any special
provision of law is considered as
personalty (Art. 416, par. 2)

▪ Example: the Chattel Mortgage Law treats

“growing crops” as personal property which
may be the subject of chattel mortgage
 c.Forces of nature which are
brought under control by science
(Art. 416, par. 3)

▪Examples: electricity, heat, light,

oxygen, radiation
 c. In general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed. (Art.
416, par. 4)
a. Obligations and actions which have for their object movables or
demandable sums (Art. 417, par 1)

 This includes all kinds of credits, even those which are not yet
matured or demandable.

b. Shares of stock of agricultural, commercial and industrial entities,

although they may have real estate. (Art. 417, par. 2)

 This includes all kinds of securities and shares in

partnerships.
 Consumable – those movables which cannot be
used in a manner appropriate to their nature
without their being consumed. (Art. 418)

 Examples : food; electricity; cellphone “load”

 Non-consumable - all other movables (Art. 418)

 Examples: jewelry; cars; clothes

 Fungible – things which have no distinct individuality,
and may therefore be substituted with another item of
equal quantity and quality, either by nature or by the
will of the parties.

 Non-fungible - things which have distinct individuality

and, therefore, cannot be substituted with another item
of equal quantity and quality.

▪ Example: the barong worn by President Magsaysay

at his inaugural.
 Whenever by provision of the law, or an individual
declaration, 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 artistic collections, books,
medals, arms, clothing, horses or carriages and their
accessories, grains, liquids and merchandise, or other
things which do not have as their principal object the
furnishing or ornamenting of a building. (Art 426)
 Except where from the context of the law, or the
individual declaration, the contrary clearly appears.
(Art. 426)
Property is either of:

 public dominion

OR

 private ownership

(Art. 419)
 Nature. Property of public dominion are owned by the general public.
The ownership of such property is in the social group, whether national,
provincial or municipal, and are intended for the common and public
welfare. They cannot be appropriated or exclusively possessed by any
individual person, whether private or public (e.g., by municipalities, cities
or provinces or by public corporations, or even by the State.)

▪ They are outside the commerce of man, which means

that they:

▪ Cannot be alienated or leased or otherwise be the subject matter

of contracts;
▪ Cannot be acquired by prescription against the State;
▪ Are not subject to attachment and execution; and
▪ Cannot be burdened by any voluntary easement.
 What are property of public dominion:

 Those intended for public use (Art. 420, par. 1)

▪ Public use is “use that is not confined to privileged individuals, but is open
to the indefinite public.” Note that Art. 420 speaks of intended, not actual
use.
▪ It is not material that the Government charges or collects fees and tolls for
the use of the property.*
▪ Examples: roads, canals, rivers, torrents, ports (including seaports and
airports) and bridges constructed by the State, banks, shores, roadsteads
and others of similar character; (Art. 420, par. 1)
▪ “ Similar character” : creeks.
▪ However, roads in private subdivision remain private even when the owner
tolerates their use by the public.**
 What are properties of public dominion:
 Those intended for public service (Art.420, par.2)

▪ Property which are not for public use (hence not accessible
indiscriminately to the public, but only to authorized
persons), but are intended for some public service or for the
development of the national wealth. (Art 420, par. 2) Note
that Art 420 speaks of intended, not actual use.

▪ Examples: public buildings used by government offices:

camps, fortresses, machinery and weaponry used in the
national defense; vehicles used in the delivery of public
service.
PROPERTIES OF PUBLIC DOMINION OF LGUs

 Property of public dominion also covers property for public use in the
provinces, cities, and municipalities consisting 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. (Art. 424)
 These properties, although pertaining to local governments, are under
the control of Congress.
 They are governed by the same principles as property of public
dominion of the State.
In re Sps. Paragas vs. Registry of Deeds, G.R. No. 171304, October 10, 2007:

Properties of local government units under the Spanish Civil Code were limited to properties for
public use and patrimonial property. The same is still true under the 1950 Civil Code which
governs us today. The principle has remained constant: property for public use can be used by
everybody, even by strangers or aliens, in accordance with its nature; but nobody can exercise
over it the rights of a private owner. xxx xxx

While this Court in Province of Zamboanga del Norte* ended up using the Municipal Corporation
Law classification instead of that of the Civil Code classification, Nicolas has settled the
application of the Civil Code classification with respect to the provision of the then-in-effect
regulations for the execution of the Mortgage Law.

In the case at bar, a school, a public market, and a cemetery were built upon the subject
property. Unlike a public square as that in Nicolas or a playground as that in the Province of
Zamboanga del Norte, schools, public markets and cemeteries are not for the free and
indiscriminate use of everyone. The determination of the persons allowed to study in such
schools, or put up stalls in the public market, or bury their dead in public cemeteries are
regulated by the government. As such, the subject property is, under the Civil Code
classification, patrimonial property, and the Municipality may have the same registered in its
name.
B. PRIVATE OWNERSHIP: Property of private
ownership consists of

▪ All property belonging to private persons,

either individually or collectively (Art 425)
and
▪ Patrimonial property
 Patrimonial property of the State, provinces, cities and municipalities.

▪ a.What are patrimonial property: (Art 425)

▪ i. Patrimonial property of the State refers to all the property

belonging to the State which are not considered of public
dominion under Art. 420 (Art. 421)
▪ Similarly, patrimonial property of the provinces, cities, and
municipalities refers to those property possessed by them which
are not for public use. (Art. 424)
▪ Examples: property acquired by the Government in execution
sales, tax sales, and escheat of the property of persons with no
heirs and who died intestate.
 ii. Property of public dominion, when no longer intended
for public use or for public service, shall also form part of the
patrimonial property of the State. (Art. 422)

▪ The property will become patrimonial only upon a

formal declaration by the government that it is no
longer needed for public use of for public service. (See
Case of Heirs of Malabanan v. Republic, G.R. No. 179987.
April 29, 2009)
 b. Nature of patrimonial property. The
State, provinces, cities and municipalities
exercise rights of ownership over their
respective patrimonial properties which are
generally similar to the rights of ownership
of a private person.
 They can be objects of ordinary contracts, such as
sale.

 They are subject to prescription.

 BUT: Subject to the special requirements of law in

the disposition of government property.
A. PRINCIPAL: Those to which other things are considered
dependent or subordinated

Example: land on which a house is built.

B. ACCESSORY: Those which are dependent upon or

subordinated to the principal.

Example: house built on a land.

“Ownership” is the independent right of a
person to control property subject to certain
limitations. It generally extends not only to
the property itself but also to the property’s
fruits and attachments.
 Control – may refer to possession, use,
consumption, disposition or recovery.
These controls or rights are collectively referred to
as the “Bundle of Rights” enjoyed by a property
owner.
Examples:
a. “X” is the owner of a parcel of land. As such owner, he has the right to
use it by himself. He also has the right to lease, mortgage or sell the land.
b. Application of the “principle of self-help” to repel unlawful invasion of
property.
RIGHTS OF OWNER: The owner has the following rights without
other limitations than those established by law. (Art. 428)

 Jus utendi or the right to use or enjoy;

 Jus abutendi or the right to abuse or consume the thing;
 Jus fruendi or the right to the fruits of the thing;
 Jus possidendi or the right to possess the thing; and
 Jus disponendi or the power of the owner to alienate,
encumber, transform and even destroy the thing owned
 Jus vindicandi or the right to vindicate or recover the thing
owned
 PERSONAL PROPERTY
 Remedy: REPLEVIN

 REAL PROPERTY
 3 Remedies:
▪ Accion Interdictal
▪ Accion Publiciana
▪ Accion Reivindicatoria
 Summary action involving physical possession or possession de facto.
 An action for unlawful detainer or forcible entry.
 Forcible entry applies when a person is deprived of possession of any
land or building by force, intimidation, threat, strategy or stealth;
 Unlawful detainer applies to a situation where a lessor, vendor,
vendee, or other person against whom the possession of any land or
building is unlawfully withheld after the right to possession has been
terminated.
 The issue of ownership may be resolved only if necessary to
determine the issue of possession.
 Within the jurisdiction of the Municipal or Metropolitan Trial Courts.
 Available only within the first year of dispossession.
 A plenary action to recover the right of possession
 Involves the issue of legal possession or possession
de jure.
 Within the jurisdiction of the Regional Trial Courts.
 Usually availed of after dispossession lasted for
more than 1 year.
 This is subject to prescription.
 An action to recover ownership
 Involves the issue of ownership. Since ownership
normally includes the right of possession,
recovery of ownership would normally include
recovery of possession as well.
 Within the jurisdiction of the Regional Trial
Courts.
 Available any time (subject to prescription).
The right to use and enjoy includes the right to exclude
any person from the enjoyment and disposal of the thing.
(Art. 429)
 For this purpose, the owner may use such force as may be
reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his
property. (Art. 429)

 This is the doctrine of self-help. It can only be exercised at the

time of actual or threatened dispossession. The owner or
present possessor may use force in repelling the invasion, but
he must do so immediately and without delay. Otherwise, if
possession has already been lost, the owner must resort to
judicial process for the recovery of the property.
 Every owner may enclose or fence his land or
tenements by means of walls, ditches, live or dead
hedges, or by any other means. (Art 430)

 Such fence must be without detriment to

servitudes constituted on the land (Art. 430)

 Thus, the owner cannot fence his land in such a way

as to obstruct the natural flow of waters from upper
lands unless he provides an alternative method of
drainage. (See Art. 50, Water Code)
 Limitations – imposed by the State, law or by persons.

State: police power, eminent domain or taxation.

Example:
“X” is the owner of a parcel of land. As such owner, he
ordinarily has the right to refuse any offer to buy such land.
However, if the State wants to buy and use the same for a
public purpose (e.g., road widening), “X” can be compelled to
sell through the State’s exercise of its power of eminent
domain.
 Police Power – is the right of the State to regulate and
restrict property rights for the common good
 When any property is condemned or seized by competent authority in the interest of
health, safety or security, the owner shall not be entitled to compensation, unless he can
show that such condemnation or seizure is unjustified. (Art. 436)

 Taxation – is the power of the State to raise income in

order to defray necessary governmental expenses for a
public purpose
 Eminent Domain – the right of the State to acquire
private property for public use upon payment of just
compensation
 No person shall be deprived of his property except by competent authority and for public
use and always upon payment of just compensation. (Art 435)
 Should this requirement be not first complied with, the courts shall protect and, in a
proper case, restore the owner in his possession. (Art. 435)
Different provisions of law provide for different limitations.
Examples:
a. The 1987 Philippine Constitution generally prohibits ownership of lands
by aliens.

b. Article 431 of the Civil Code states that the owner may not use his
property in such a manner as to injure the rights of others. For instance,
even if the owner of a piece of land has the right to make excavations on
his property, he cannot legally do so in such a manner as to deprive the
adjacent land or building of lateral support.
c. Article 432 of the Civil Code compels a person to allow destruction of his
property in case the situation falls under a “sate of necessity.”
d. Article 649 of the Civil Code compels a person to allow an easement of
right of way over his land in favor of a land-locked real property.
e. zoning ordinances also limit the use and extent of development in one’s
land.
f. Civil Aviation Authority of the Philippines (formerly ATO) also prescribes
height limitations for buildings falling within a certain radius from the
location of an airport.
Persons: The owner may impose limitations on his
ownership. Also, the grantor of a property may impose
limitations on the subsequent owner.
Examples:
a. The owner himself may lease the land such that he has
temporarily limited his right to actual possession.
b. The donor may prohibit the donees from partitioning the
property for a period of 20 years or less.
c. The seller may impose certain conditions on the use of the
property being sold. This is common in subdivisions and
condominiums, and the limitations are usually contained in a
document called “Deed of Restrictions.”**
The Roman Catholic Archbishop of Manila vs. Court of
Appeals, 198 SCRA 300 [1991]:
Donation, as a mode of acquiring ownership, results in an effective transfer of
title over the property from the donor to the donee. Once a donation is accepted,
the donee becomes the absolute owner of the property donated. Although the
donor may impose certain conditions in the deed of donation, the same must
not be contrary to law, morals, good customs, public order and public policy.
In the case at bar, we hold that the prohibition in the deed of donation against
the alienation of the property for an entire century, being an unreasonable
emasculation and denial of an integral attribute of ownership, should be
declared as an illegal or impossible condition within the contemplation of
Article 727 of the Civil Code. Consequently, as specifically stated in said statutory
provision, such condition shall be considered as not imposed.
C-J YULO & SONS, INC. vs. ROMAN CATHOLIC BISHOP OF
SAN PABLO, INC. [G.R. No. 133705. March 31, 2005]:
Besides, this Court cannot consider the requirement of a prior written consent
by the donor for all contracts of lease to be entered into by the donee as an
absolute ground for revocation of the donation because such a condition, if not
correlated with the purpose of the donation, would constitute undue restriction
of the donee's right of ownership over the donated property.
Ortigas & Co., Limited Partnership v. Feati Bank and Trust
Co., 94 SCRA 533
“…contractual restrictions on the use of property could not
prevail over the reasonable exercise of police power through
zoning regulations.”

In Sangalang v. Intermediate Appellate Court, (168 SCRA

634):
the Court upheld Metro Manila Commission Ordinance No.
81-01, which reclassified Jupiter Street in Makati into a high-
density commercial zone, as a legitimate exercise of police
power. The Court held that the power of the Metro Manila
Commission and the Makati Municipal Council to enact
zoning ordinances for the general welfare prevails over the
deed restrictions on the lot owners in Bel-Air Village which
restricted the use of the lots for residential purposes only.
GENERAL LIMITATION

 a. The owner of a thing cannot make use

thereof in such manner as to injure the rights
of a third person. (Art. 431)
Limitations on the owner of ruinous buildings

▪ 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. ( Art. 482)

▪ 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. (Art. 482)
Limitation on the owner of trees in danger of
falling.

 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. (Art. 483)
The owner of a thing has no right to prohibit the
interference of another with the same, if

▪ A. The interference is necessary to avert an

imminent danger and

▪ B. The threatened damage, compared to the

damage arising to the owner from the interference,
is much greater

The owner may demand from the person benefited

indemnity for the damage to him. (Art 432)
 Limitation on the right to recover

 Actual possession under claim of ownership raises

disputable presumption of ownership. The true owner
must resort to judicial process for the recovery of the
property. (Art. 433)

 However, the lessor and the lessee can validly stipulate

that upon termination of the lease, the lessor can
repossess or take over the premises extrajudicially.
Provided, that the lessee does not offer any resistance,
otherwise the lessor still has to resort to the judicial
process.
 Limitation on the right to recover

 In an action to recover, the property must be identified

(Art. 434)
▪ What defines a piece of land is not the area mentioned in the
description but the boundaries therein laid down, as enclosing the
land and indicating its limits.

 The plaintiff must prove his title or right of ownership. He

must rely on the strength of his title and not on the
weakness of the defendant’s claim. This is because the
actual possessor enjoys the presumption of ownership
which the plaintiff must overcome. (Art 433)
▪
▪OBJECT OF OWNERSHIP
Ownership may be exercised over
things or rights. (Art. 427)
 General Rule. 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 subject or without prejudice to:

 Servitudes or easements;
 Special laws and ordinances; and
 The reasonable requirements of aerial navigation (Art.
437)
 Definition. Treasure is any hidden and unknown deposit of money, jewelry,
or other precious objects, the lawful ownership of which does not appear.
(Art. 439)

 Ownership. Hidden treasure belongs to the owner of the land, building or

other property on which it is found. (Art. 438)

 Finder’s Right. Nevertheless, when the discovery is made by chance

(unintentional / by stroke of luck) on the property of another or of the State or
any of its subdivisions, one half thereof shall be allowed to the finder.
 If the finder is a trespasser, he shall not be entitled to any share of the
treasure
.
 State’s Right. If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be divided in
conformity with the rule stated (Art. 438)
Definition. Accession is the extension of
ownership over a thing, to everything
which is produced by thereby or
incorporated or attached to thereto,
whether naturally or artificially.
 Accessio credit principali – the accessory follows the
principal, and not the other way around.
 Accession by incorporation exists when two things are so
united that they cannot be separated without injuring or
destroying either of them. (see Art. 447)
 There should be no unjust enrichment at another’s expense.
(see Art 447 – 452)
 Bad faith gives rise to liability for damages (see Art 447,
449)
 Bad faith by one party neutralizes the bad faith of the other
party. (see Art 453)
Art. 440 provides that the ownership of property gives the
right by accession to:

 Everything which is produced thereby (accession discreta):

▪ Natural Fruits
▪ Industrial Fruits
▪ Civil fruits

 Everything which is incorporated or attached thereto, either naturally or

artificially (accession continua). This accession may be classified
according to the type of the principal, thus:
▪ With respect to Immovables
▪ With respect to Movables
Natural fruits (Art 441)
▪ The spontaneous product of the soil (i.e., with no intervention of
human labor)
▪ The young and other products of animals (regardless of the presence
or absence of human cultivation). (Art 442)
▪ Only such as are manifest are considered as natural fruits (Art.444)
▪ With respect to animals, it is sufficient that they are in the womb of
the mother, although unborn (Art. 444)

Industrial fruits (Art 441)

▪ Industrial fruits are those produced by lands of any kind through

cultivation or labor. (Art 442)
Civil fruits (Art 441)
 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. (Art 442)

▪ (1) Dividends, whether cash or stock are civil fruits. If the principal’s
shares are in usufruct, such dividends go to the usufructuary.

▪ (2)An amount paid to the owner of a property who mortgaged it for

another person’s debt is not civil fruit, but a compensation for the
risk assumed by the owner. (Bachrach Motor Company, Inc. v.
Talisay-Silay Milling Co., G.R. No. 35223. September 17, 1931)
Reimbursement of Related Expenses. 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)

NOTE:
 1. OPINION: Article 443 is applicable where the fruits have already
been gathered, and the third person is in bad faith.

 2. However, for as long as the third person does not retain the
fruits he gathered, he will have rights on the fruits regardless of his
good faith or bad faith. If in good faith, his rights will be based on
Art. 544, and if in bad faith, then it will be based on this Art. 443.
This is anchored on the principle of unjust enrichment.
 If the land is held by the third person who is a
possessor in good faith:
 (1) For fruits that are still attached to the land,
the possessor as a planter/possessor in good
faith is entitled to indemnity (Art. 448) or
proportionate sharing in net harvest and
expenses (Art. 545)
 (2) For fruits that have been already gathered,
the possessor in good faith is entitled to retain
the fruits (Art. 544)
 If the land is held by the third person who is a
possessor in bad faith, he should turn over fruits
to the owner, and the following rules apply:
 (1) For fruits that are still attached to the land,
the possessor in bad faith loses them and is not
entitled to reimbursement. (Art. 449)
 (2) For fruits that have been already gathered,
the possessor in bad faith is entitled to
reimbursement for the expenses of production,
gathering and preservation (Art. 443)
 General Rule: Landowner is entitled to the fruits.

 Exceptions: In the following instances, the owner is not

entitled to the fruits –
 Possession in good faith by another person – the
fruits go to the possessor.
 Usufruct – the fruits go to the usufructuary.
 Lease – the natural and industrial fruits go to the
lessee (but the owner receives civil fruits in the
form of rents from the lessee)
 Antichresis – the fruits go to the creditor.
▪ In General: The law provides for certain rules
(Art. 445 – 456) in resolving the conflict of rights
which arises when a person builds, plants or sows
on the land of another person, or when a person
builds, plants or sows with materials belonging to
another person. These rules are adopted to avoid
a state of forced co-ownership between the
owner of the land and the owner of the
improvements.
 a. Generally, whatever is built, planted or sown on
the land of another and the improvements or repairs
made thereon, belong to the owner of the land,
subject to certain specific rules. ( Art. 445).

 b. All works, sowing and planting are presumed

made by the owner and at his expense, unless the
contrary is proved. (Art.446)
 PROBLEM:

 Evidence shows that the concrete fence caused to be built

by X in order to enclose his land ENCROACHED upon the
land of Y. X thought that the portion of the land encroached
upon still formed part of his property.

 Can Y compel X to remove or demolish the encroaching

portion of the fence ?
GOOD FAITH vs. BAD FAITH – An important consideration
in accession

 Under the rules of accession, the rights of the parties

depend on their respective good faith or bad faith.

▪ i. Good faith on the part of the builder

consists in his belief that the land on which he is
building is his own, without knowledge of any
defect or flaw in his title. (See Art. 526)
 ii. Good faith on the part of the owner of the land
consists in his lack of awareness that the land he owns is
being encroached upon by another person. (See Art. 453)
Note: Unless one is versed in the science of surveying, "no one can
determine the precise extent or location of his property by merely
examining his paper title. (See Tecnogas v. CA, G.R. No. 108894,
February 10, 1997)

 iii. Good faith on the part of the owner of the materials

consists in his lack of awareness that the materials he
owns are being used by another person. (see Art. 453, by
analogy)
 d. Good faith does not necessarily exclude
negligence, which gives right to damages under
article 2176. (Art. 456)

 e. Good faith is always presumed and he who

alleges bad faith has the burden to prove the
same (Art. 527)
First Scenario: Article 447

“Landowner builds with the materials of

another.”
a.Landowner–Builder acts in good faith –

(1) The owner of the land who makes thereon (personally or through another)
plantings, constructions or works with the materials of another, shall pay
their value (Art. 447);

(2) The owner of the materials is entitled to compensation, but he cannot be

considered part owner of the works or construction.

(3) Compensation should be borne by the person who has been benefited by
the accession such as the buyer of a building built with the materials of
another. Except if the buyer was an innocent purchaser for value.

(4) The owner of the materials shall have the right to remove them only in case
he can do so without injury to the work constructed, or without the
plantings, constructions or works being destroyed. (Art. 447)
b. Landowner-Builder acts in bad faith –
(1) The landowner shall pay the value of the materials, and shall also
be obliged to the reparation of damages. (Art. 447)

(2) The owner of the materials may remove them in any event, with a
right to be indemnified for damages. (Art. 447)

(3) Landowner is in bad faith if he uses the materials of another with

knowledge that they are not his and he has no right to use them.
(Art. 453, by analogy)
Second Scenario: Article 448

“Builder builds on land of another.”

a. Both landowner and builder are in good faith – The owner of the land on
which anything has been built, sown or planted in good faith, shall have the
following (alternative) rights:

OPTION 1 : Owner has the right to appropriate as his own the works, sowing or
planting, after payment of indemnity provided for in articles 546 and 548, that is,

Necessary expenses – expenses for the preservation of the thing.

The possessor in good faith may retain the thing until he has been reimbursed
therefor. (Art 546)
Useful expenses – expenses to improve the utility or productivity of the thing.
The landowner has the option of: (a) refunding the amount of the expenses, or
(b) paying the increase in value which the thing may have acquired by reason
thereof. (Art 546)
Expenses for pure luxury or mere pleasure shall not be refunded.
But the possessor in good faith may remove the ornaments with which he has
embellished the principal thing if it suffers no injury thereby, and if his successor
in the possession does not prefer to refund the amount of expenses. (Art. 548)
OPTION 2 : Owner has the right to oblige the one who built or planted to pay the
price of the land, and the one who sowed, the proper rent. (Art. 448)

 Price of land refers to the fair market value at the time of payment.
 However, the builder or planter cannot be obliged to buy the land if its value is
considerably more than that of the building or trees.
▪ (a) In 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. (Art. 448)
▪ (b) The parties shall agree upon the terms of the lease and in case of
disagreement, the court shall rule on the same.
OTHER IMPORTANT POINTS ON ART. 448
(1) It is the owner of the land who is authorized to exercise the
options given in Art. 448, because his right is older and because,
by the principle of accession, he is entitled to the ownership of the
accessory thing.
(2) The landowner cannot refuse to exercise any of the two
options given by Art. 448. He can even be compelled by the
builder to exercise his option.

(3) The landowner cannot refuse both options and instead

demand for the removal of the improvements. He can only
demand for such removal if, after he has opted to sell his land to
the builder, the latter has failed to pay for the same. (Ignacio v.
Hilario, 76 Phil. 605)
(4) If OPTION 1 is exercised (appropriation and indemnity), possessor
has the right to retain the property (both land and building) until he has
been reimbursed by the owner for necessary and useful expenses.

(a) The possessor is not liable for rentals while he retains the property.

(b) The fruits received by the possessor during his possession in good faith
cannot be offset with the expenses which must be reimbursed to him. The
right to the fruits and the right to the expenses both belong to the
possessor, so it is impossible to compensate the two.

(c) But fruits received after the possession in good faith was interrupted must
be applied to the payment of the expenses. The possessor is no longer entitled
to fruits after his possession in good faith is interrupted (Art. 544), and such
fruits may be compensated with the expenses to which he is entitled
(5) In case a portion of the building encroaches on the adjacent land
belonging to another, the owner of the latter (i.e., land owner) has
the following options: (a) appropriate the encroaching portion of
building (not the whole building) after payment of proper indemnity,
or (b) obliging the builder to buy the lot occupied by the structure.

(6) Bad faith cannot be imputed on a registered owner of land when

a part of his building encroaches upon a neighbor’s land, simply
because he is supposedly presumed to know the boundaries of land as
described in his certificate of title. Unless one is versed in the science
of surveying, “no one can determine the precise extent or location of
his property by merely examining his paper title.”
(7) To fall within the provision of the foregoing rules, the construction
must be of permanent character, attached to the soil with an idea of
perpetuity. If it is of a transitory character or is transferable, there is no
accession, and the builder must remove the construction. The proper
remedy of the landowner is an action to eject the builder from the land.
b. Landowner is in good faith while builder is in bad faith –

i. The owner of the land on which anything has been built, planted or sown
in bad faith has the following (alternative) options:

▪ (1) OPTION 1 : Appropriate the improvements without indemnity. (Art. 449)

▪ (2) OPTION 2 : 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
person who built, planted or sowed (Art. 450); OR

▪ (3) OPTION 3 : Compel the builder or planter to pay the price of the land (even if
land is very expensive), and the sower the proper rent. (Art. 450)

▪ (4) In addition to the foregoing, the landowner is also entitled to damages from the
builder, planter or sower. (Art. 451)
ii. Note that under OPTIONS 1 and 2, the builder in bad faith
loses what he built without indemnity. Art 449 provides that 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.

▪ However, the builder, planter or sower in bad faith is entited to

reimbursement for the necessary expenses of preservation of
the land. (Art. 452, 546)

▪ But he has no right of retention pending the payment of such

necessary expenses (unlike a builder in good faith). Art. 546
c. Both landowner and builder are in bad faith –

▪ The rights of the landowner and builder shall be the

same as though both had acted in good faith. (Art.
453). Thus, Art. 448 will apply.

 There is bad faith on the part of the landowner

whenever the act was done with his knowledge
and without opposition on his part. (Art. 453)
d. Landowner is in bad faith while builder is in good
faith – When the landowner acted in bad faith and the
builder, planter or sower proceeded in good faith, the
builder has the following rights:

▪ i. To remove the works in any event

(regardless of injury to the land); and

▪ ii. To be indemnified for damages. (Art. 454, in

relation to Art. 447)
Third Scenario:

“Builder builds on the land of another with

the materials of yet another.”
a. If the owner of the materials, plants or seeds acted in good faith

i. The builder who used the materials shall pay their value. (Art 455)

ii. If the builder is insolvent, the landowner shall answer subsidiarily for the value
of the materials. (Art. 455)

▪ (1) However, if the landowner makes use of his right to demand the
removal of the improvements, or if he compels the builder to purchase the
land, then he is not liable (even subsidiarily) (Art. 455)
▪ (2) On the other hand, if the landowner decides to appropriate the
improvements, and the builder has paid the owner of the materials, the
builder may demand from the landowner the value of the materials and
labor. (Art. 455)

b. If the owner of the materials, plants or seeds acted in bad faith – he

will lose his materials without right of indemnity. (Art 449)
 f. The rules of accession in Arts. 445 – 456
apply only to improvements made by a builder,
planter or sower in the concept of an owner,
whether in good faith or bad faith. Thus, the
rules do not apply to the following situations
(although they may be applied by analogy if no
specific rule is available):
 i. Where the builder’s interest is that of a
lessee – the applicable provisions is Art 1678.
The lessor need not reimburse the lessee in
full for the improvements by the latter,
otherwise, the lessee could cause the lessor
to be “improved out” of his property.

 ii. Where the builder’s interest is that of a

usufructuary – the applicable provision is Art.
579 (limited removal) and 580 (set-off).
 iii. Where the builder is a vendee in a sale with
right to repurchase (a retro) – the applicable
provision is Art 1616, which requires the
repurchasing vendor to return the necessary and
useful expense on the thing sold.

 iv. Where the builder built on a public road. This

is a nusiance which can be abated without need
of indemnity. However, it has been held that Art.
448 can also apply even if the land is of public
dominion. In this case the State can exercise the
options under Art. 448. (See Insular Gov’t. v.
Aldecoa and Co., 19 Phil. 505)
 v. Where the builder is also the owner of the land,
but he later loses ownership of the land (e.g., because
he later sold the land, or because the land was later
sold at a public auction for tax delinquency). But here,
Art. 448 may be applied by analogy (See Pecson v. CA,
61 SCAD 385, 1995)
 vi. Where the builder is a mortgagee of the land
on which he built. – The builder is not entitled to
reimbursement for the improvements upon the
redemption of the mortgaged land. If the
mortgagee improves the land, he does so at his
risk. To rule otherwise would allow the
mortgagor to be ‘improved out” of his property.
Natural Accession - Action of Waters

1. Alluvion – the accretion or increase in the size of a land, due to the

gradual deposit caused by the current of water.

NCC: “To the owners of lands adjoining the bank of rivers belong
the accretion which they gradually receive from the effects of the
current of the waters.” (Art. 457)
Requisites for Alluvion:
 (1) The deposit of soil or sediment is gradual and imperceptible;

 (2) It is the result of the natural action of the waters of the river –
result of the ebb and flow of waters; and
▪ If the accretion was man-made, such as by the dumping of
boulders, soil and other filling materials, the riparian owner is not
entitled to alluvion.

 (3) The land where accretion takes place is adjacent to the banks of
rivers.
▪ The river bank itself is property of the public dominion. (Art. 420)
STILL ON ALLUVION:
 The purpose of the rule is to compensate the riparian owner for
losses which he may suffer by erosion and for the legal
easements imposed on his property. It is also the riparian
owner who is in the best position to utilize the accretion.

 The law does not require the riparian owner to make an express
act of possession. The accretions belong to him from the time
that the deposit created by the water becomes manifest.
 However, while the riparian owner automatically owns the
accretion, it is not automatically registered in his name. Thus,
if possessed by third parties, the accretion may be subject to
acquisitive prescription.
 Alluvion also applies to accretion to lands adjoining
lakes (such as Laguna de Bay).
▪ However, there is no alluvion in the case of ponds or
lagoons where the owners of estates adjoining ponds or
lagoons do not the acquire the land left dry by the natural
decrease of the waters, or lose that inundated by them in
extraordinary floods. (Art. 458)

 Alluvion does not apply to sea banks or lands

adjoining a sea (including bay like Manila Bay,
which is part of the sea). Accretions to sea banks
are lands of the public domain.
2. Avulsion – the increase in the size of a land due to the transfer
thereto of a portion segregated from another estate by water
current.

NCC: “Whenever the current of a river, creek or torrent

segregates from an estate on its bank a known portion of land
and transfers it to another estate, the owner of the land to
which the segregated portion belonged retains the ownership
of it. Provided that he removes the same within 2 years.” (Art
459)
 Note: In avulsion, the effect of waters is abrupt or sudden, as opposed to the
gradual action of waters in alluvion.

 In the absence of contrary evidence, the presumption is that change is

gradual. Thus, in a case where a riparian estate (X) increased in size while
the riparian estate (Y) on the other side decreased, the change was
presumed to be gradual or caused by alluvion. The increase was therefore
retained by estate X.
3. Uprooted trees.

NCC: “Trees uprooted and carried away by the current of the

waters belong to the owner of the land upon which they may be
cast, if the owners do not claim them within 6 months. If such
owners claim them, they shall pay the expenses incurred in
gathering them or putting them in a safe place.” (Art. 460)
4. River beds
a. Abandoned river beds. 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. (Art. 461. See also Art 58,
Water Code)
i. 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. (Art. 461)
ii. If the change is caused by human intervention, or if
a river bed simply dries up, the foregoing rules do not apply.
The bed remains property of public dominion.
 b. New river beds. Whenever a river (or stream), changing its course by
natural causes, opens a new bed through a private estate, this bed shall
become of public dominion. (Art. 462)

▪ i. The owners of the affected land may not compel the government
to restore the river to its former bed; nor can they restrain the government
from doing so should the latter choose to. (Art. 58, Water Code)

▪ ii. The owners of the affected land are not entitled to compensation
for any damage sustained. However, they shall own the abandoned river
bed in proportion to the area they lost. (Art. 58, Water Code)

▪ iii. The owners of the affected land may undertake to return the river
or stream to its own bed at their own expense, provided that
▪ (1) They secure a permit from the Secretary of Public Works; and
▪ (2) The work pertaining thereto commence within 2 years from the change in the course
of the river or stream. (Art. 58, Water Code)
4. Branching of river

▪ a. Whenever the 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.

▪ b. The landowner also retains it if a portion of

land is separated from the estate by the current.
5. Islands
a. 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. 464)
▪ “Navigable” (or “floatable”) means that the river is
susceptible of being used for trade and travel in
the usual and ordinary modes. It does not have to
allow all kinds of transport. It is sufficient that it is
capable of floating vessels, boats, or other craft, or
rafts or logs, in quantities to make it of commercial
value.
b. 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 that from the other, the owner of
the nearer margin shall be the sole owner thereof.
(Art. 465)
 ACCESSION WITH RESPECT TO MOVABLES

 1. In General
 a. Whenever the things united can be separated
without injury, their respective owners may
demand their separation. (Art. 469)
 Note than in such a situation, there is actually
no accession to speak of.
 b. Conversely, if the things united cannot be separated
without injury, their respective owners may not, as a
general rule, demand their separation.
▪ Exception : In case the thing united for the use, embellishment
or perfection 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 it has been
incorporated may suffer some injury. (Art. 469)
Principal vs. Accessory
(Note:This is applicable to Adjunction but not to Commixtion)

In a case of a diamond ring where the ring is worth

P5,000 and the diamond is worth P60,000, what is to
be considered as the:

Principal thing?

Accessory thing?
Rules in Determination of Principal & Accessory.
In determining whether a thing incorporated is
principal or accessory, the following rules are
applied (in the order given):
 i. Purpose. The principal thing is deemed to be
that to which the other has been united as an
ornament, or for its use or perfection. (Art. 467)
▪ Special rule for painting and sculpture, writings, printed matter, engraving
and lithographs – the board, metal, stone, canvas, paper or parchment
shall be deemed the accessory thing. (Art. 468)
 ii. Value. If the issue cannot be determined by
the first rule, the thing of the greater value shall be
considered as the principal. (Art. 468)

 iii. Volume. If the issue cannot be determined by

the first rule and the two things are of equal value,
the principal is that of the greater volume. (Art.
468)
 2. Adjunction. In adjunction (or conjunction), two or more different
things are so united or incorporated that they form a single object (Art.
468), but each component part preserves its nature.

 Examples –
 Inclusion – e.g., when diamond is attached to a gold ring;
 Soldering – e.g., when an accessory is fused or welded to another object
made of metal
 Weaving – e.g., when thread is woven into a textile;
 Painting – e.g., when a painter paints on another person’s paper or canvas;
 Writing – e.g., when a person writes on another person’s paper or
parchment.
RULES IN ADJUNCTION:

 i. Owners of principal and accessory are both in good faith – The owner of the principal
thing acquires the accessory, indemnifying the former owner thereof for its value. (Art. 466)

 ii. Owner of the principal in good faith and owner of the accessory in bad faith –The
owner of the accessory thing shall lose it, and shall have the obligation to indemnify the
owner of the principal thing for the damages he may have suffered. (Art. 470)

 iii. Owner of the principal in bad faith and owner of the accessory in good faith – The
owner of the accessory thing shall have a right to choose between the following options:
▪ (1) OPTION 1 : requiring the owner of the principal to pay him the value of the accessory. OR
▪ (2) OPTION 2: requiring that the accessory be separated, even though for this purpose it be
necessary to destroy the principal thing;
▪ (3) In both cases, the owner of the accessory is entitled to indemnity for damages. (Art. 470)

 iv. Both parties in bad faith - If either one of the owners of the principal or accessory had 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. (Art. 470)
 3. Commixtion. In commixtion (or
confusion), two things of the same or
different kinds are mixed, and the two
things are not separable. (Art. 472)
Example: when rice belonging to different
persons are mixed up.
 Rules Commixtion:
 a. If the mixture is caused by their owners, or occurs by chance, or
caused by one of the owners acting in good faith
▪ Each owner shall acquire a right proportional to the part
belonging to him (co-ownership), bearing in mind the value of the
things mixed or confused. (Art. 472 and 473)

 b. If the mixture or confusion is caused by one of the owners acting

in bad faith
▪ The owner in bad faith shall lose the thing belonging to him thus
mixed or confused AND be obliged to pay indemnity for the
damages caused to the owner of the other thing with which his
own was mixed. (Art. 473)
 4. Specification. In specification, a person
employs the material of another in whole
or in part to make a thing of a different
kind (Art. 474). Example: When a sculptor
makes a sculpture out of another person’s
marble or clay.
Rules on Specification:

 a. If the maker acted in good faith – the

maker shall appropriate the thing transformed as
his own, indemnifying the owner of the material
for its value. (Art. 474)
▪ However, if the material is more precious than the
transformed thing or is of more value, its (material’s) owner
may choose between the following options:
▪ i. OPTION 1 : to appropriate the new thing to himself,
after first paying indemnity for the value of the work
▪ ii. OPTION 2 : to demand indemnity for the material
(Art. 474)
 b. If the maker acted in bad faith – the owner of
the material shall have the following (alternative)
rights or options:
 i. OPTION 1 : to appropriate the work to himself without paying
anything to the maker,
▪ However, the owner of the material cannot appropriate the work in
case the value of the latter, for artistic or scientific reasons, is
considerably more than that of the material. (e.g., if a famous
sculptor uses the material of another, the resulting sculpture would
be more valuable than the material.)
 ii.OPTION 2 : to demand indemnity from the maker for the value of
the material and the damages he may have suffered (Art. 474)
Rules Relating to Indemnity and Valuation

 a. Whenever the owner of the material employed without

his consent has a right to an indemnity, he may demand that
this consist in:
▪ i. The delivery of a thing equal in kind and value,
and in all other respects, to that employed, OR
▪ ii. The price of the accessory, according to expert
appraisal. (Art. 471)

 b. Sentimental value shall be duly appreciated. (Art. 475)