Central Bar Operations 2007 Civil Law Summer Reviewer

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Ateneo Central Bar Operat ions 2007 Civil Law

SUMMER REVIEWER LAW ON PROPERTY Title I - PROPERTY

PROPERTY An object or a right which is appropriated or susceptible of appropriation by man, with capacity to satisfy human wants and needs. CLASSIFICATION OF PROPERTY:

1. Mobility an d Non-mobility a. Movable or personal property b. Immovable or real property

2. Ownership a. Public dominion or ownership b. Private dominion or ownership

3. Alienability a. Within the commerce of man (or which may be the objects of contracts or judicial transactions)

b. Outside the commerce of man 4. Existence

a. Present property (res existents) b. Future property (res futurae)

(NOTE: Both present and future property may be the subject of sale but generally not the subject of donation.)

5. Materiality or Immateriality a. Tangible or corporeal b. Intangible or incorporeal

6. Dependence or Importance a. Principal b. Access ory

7. Capability of Substitution a. Fungible - capable of substitution by other

things of the same quality and quantity b. Non-fungible - incapable of such

substitution, hence, the identical thing must be given or returned

8. Nature or Definiteness a. Generic - one referring to a group or class b. Specific - one referring to a single, unique

object 9. Whether, in th p C j tt ye of the Court or — are needed to see this picture.

a. In "custodia legis" - in the custody of the court

b. "free" property CHARACTERISTICS:

1. Utility for the satisfaction of moral or economic wants

2. Susceptibility of appropriation

3. Individuality or substantivity, that is, it can exist by itself and not merely as a part of a whole.

Art. 415. IMMOVABLE PROPERTY JURIDICAL CLASSIFICATION OF IMMOVABLE PROPERTIES: (NIDA)

1. By nature - cannot be moved from place to place because of their nature (ART 415 par 1 & 8 NCC) a. and buildings & all kinds of constructions

adhered to soil b. mine, quarries

Bic e r ra v Teneza , 6 SCR A 649 (1962) ISSUE: Whether a demolished house is real property or continues to be real property? HELD: NO. A house is classified as immovable property by reason of its adherence to the soil on which it is built. This classification holds true regardless of the fact that the house may be situated on land belonging to a different owner. But once the house is demolished, as in this case, it ceases to exist as such and hence its character as an immovable likewise ceases.

2. By incorporation - essentially movables but attached to an immovable that it becomes an integral part of it (ART 415 par 2,3,4,6) a. trees, plants & growing fruits adhered to

soil b. everything attached to an immovable in a

fixed manner that it will break if separated c. statues, paintings if intended by owner to

be integral part of immovable and placed only by owner or his agent

d. animal houses if intended by owner to become permanently attached to immovable

3. By destination - movables but purpose is to partake of an integral part of an immovable (ART 415 par 4,5,6,7,9) a. machinery placed by owner of the

tenement or his agent & tend directly to meet the needs of such works/industry REQUISITES:

-Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo: Understudies: Joy Stephanie Tajan, John Paul Lim: Subject Head: Abbiegail Sac: Pledgees: Floreida Apolinario, Gianfranco Gomez—



Civil Law Summer Reviewer

Ateneo Central Bar Operat ions 2007 /. industry or works must be carried on

inside tine building or on tine land (thus a transportation business is not carried on in a building or in the compound)

a. placed

by the owner of the

building

or property Davao Saw m i l l v Cas t i l l o , 61 Ph i l 709 (1935 )

Machinery which is movable in its nature only becomes immobilized when placed in a plant by THE

\ OWNER of the property or plant BUT NOT when so placed by a TENANT, a

usufructuary or any person having only temporary right, unless such person acted as the agent of the owner

Hi. machines must be essential and principal

elements in the industry

b. fertilizers - actually used on a piece of

land c. docks & floating structures - intended by

their nature and object to remain at a fixed place on a river, lake or coast.

Ru b is o V Rive ra , 37 Ph i l 72 (1917) Vessels are essentially movable but they

par take to a certain extent of the nature and conditions of real property due to their value and importance.

4. By analogy/by law - contracts for public works, servitude & other real rights over immovable property (ART 415 par 10)

MOVABLE PROPERTY: (SIFTOS) 1. Susceptible of appropriation that are not

included in enumeration in immovable 2. Immovable that are designated as movable

by special provision of law 3. Forces of nature brought under control by

science 4. Things w/c can be transported w/o

impairment of real property where they are x- � J IFF (Uncompressed) decompressor TIX0Q are needed to see this picture.

5. Obligations which involve demandable sums (credits)

6. Shares of stocks of agricultural, commercial & industrial entities although they may have real estate (1/2 interest in the business is personal property. Involuntary Insolvency of Strochecker v. Ramirez)

TESTS TO DETERMINE WHETHER PROPERTY IS REAL OR PERSONAL:

1. Rule of Exclusion - not included in ART 415 (inclusio unius est exclusion alterius)

2. Rule of Description - if the property can be transported

from one place

to another,

and no injury would be suffered by it, then it is personal property, unless expressly included in ART 415

- Art. 418. Movab l e p r o p e r t y is e i the r c o n s umab l e - i o r non -consumab l e . To th e f i r s t c lass be l ong i I t hose movab l es wh i ch c a nno t be used in a \ j manne r app rop r i a t e to t he i r na tu re w i t h o u t t he i r j I be ing c o n s umed ; to th e s e c o n d c lass be l ong al l | - the others .

CLASSIFICATION OF MOVABLES: 1. According to nature a. consumable - cannot be utilized w/o

being consumed b. non-consumable

2. According to intention of the parties/purpose (whether it can be substituted by other things of same kind, quality and quantity) a. fungible (res fungibles) - only the

equivalent is returned b. non-fungible (res nec fungibles) -

identical thing is returned, do not admit of substitution

S i b a l V Va idez . 50 Ph i l 512 (1927) Chattel Mortgage - growing crops are

movable property. \ Un i t ed S ta t e s v Ca r l o s , 21 Ph i l 364 (1946 )

ISSUE: w/n electric energy is property and therefore i may be stolen

HELD: i YES. True test of what is a proper subject of larceny i seems to be not whether the subject is corporeal or i incorporeal, but whether it is capable of appropriation : by another than the owner. In v o lu n ta ry In so lv en cy o f St ro ch ec h ke r v Rami r ez , 44 Ph i l 933 (1922)

>2 interest in the business is personal property.

- Art. 419. Prope r t y is e i the r o f pub l i c dom i n i o n o r - o f p r i v a t e owne rsh i p .

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Ateneo Central Bar Operat ions 2007 - Art. 420. Th e f o l l ow i ng t h i ngs ar e p r o p e r t y o f - \ pub l i c dom i n i o n : j j (1) Those i n t ended f o r pub l i c use, s u c h j I as r oads , cana ls , r ivers , t o r ren ts , po r t s , an d | j b r i dges c o n s t r u c t e d b y th e State, banks , sho res , j

I r oads t eads , an d o the rs o f s im i l a r cha rac t e r ; | j (2) Those wh i ch be l ong to the State, j I w i t h o u t be ing f o r pub l i c use, an d ar e i n t ended f o r | j s ome pub l i c se r v i c e o r f o r th e de v e l o pmen t o f t he \

na t i ona l weal th . CLASSIFICATION OF PROPERTY ACCORDING TO OWNERSHIP:

1. Public dominion - outside the commerce of men KINDS: a. intended for public use b. intended for public service of state,

provinces, cities & municipalities CHARACTERISTICS: i. outside the commerce of men -

cannot be alienated or leased or be the subject of any contract

ii. cannot be acquired by private individual through prescription

ill. not subject to attachment & execution

iv. cannot be burdened by voluntary easement

V. cannot be registered under the Land Registration Law and be the subject of a Torrens Title

vi. in general, can be used by everybody

c. for the development of national wealth 2. Private Ownership-

1. patrimonial property of state, provinces, cities, municipalities a. exist for attaining economic ends of

state b. property of public dominion when no

longer intended for public use/service - declared patrimonial (NOTE: Patrimonial properties may be individuals or corporations through prescription.)

2. property belonging to private persons - individually or collectively

NOTE: sacred and religious objects are considered outside the commerce of man. They are neither public nor private party.

- Art. 421. A l l o t h e r p r o p e r t y o f th e State, wh i c h is - \ n o t o f the cha rac t e r s ta ted in the p r e c e d i n g \ . art ic le , is pa r t r imon i a l p rope r t y .

PATRIMONIAL PROPERTY is property pertaining to the State which is not intended for public use, public service, or for the development of the national wealth. It is intended rather for the attainment of the economic ends of the State, that is, for subsistence.

• Subject to prescription • May be an object of ordinary contract

- Ar t . 422. Prope r t y o f pub l i c dom i n i o n , when no - i l o n g e r i n t ended f o r pub l i c u se o r f o r pub l i c \ I serv i ce , sha l l f o rm pa r t o f the pa t r imon i a l [ p r o p e r t y o f the State.

• A property

is converted from property

of public dominion to patrimonial property through a formal declaration of the executive or legislative departments of the government.

• Without the declaration, the property continues to form part of the public domain and therefore cannot be the subject of acquisitive prescription.

; Dac an aw A s i s t i o J r . , 208 SCR A 404 (1992 ) \ ISSUE: May public streets or thoroughfares be i

leased or licensed to market stallholders by virtue of a city ordinance or resolution of the Metro Manila Commission?

i HELD: i NO. The right of the public to use the city streets

may not be bargained away through contract. Hence, the agreement between the city government and stallholders is contrary to law and therefore void.

i * Rule: local government cannot withdraw a \ I publ ic street from publi c use, unless it has been [ : granted such authority by law.

Art. 423. Th e p r o p e r t y o f p rov i n ces , c i t ies , an d j mun i c i pa l i t i e s is d i v i ded i n to p r o p e r t y f o r pub l i c j I use an d pa t r imon i a l proper ty . i j Art. 424. Prope r t y f o r pub l i c use, in th e p rov i n ces , j I c i t ies , an d mun ic ipa l i t i es , c o n s i s t o f t he I I p rov i n c i a l roads , c i t y s t ree ts , mun i c i p a l s t ree ts , \ j the squares , f oun t a i n s , pub l i c wate rs , j I p romenades , an d pub l i c wo r k s f o r pub l i c se r v i c e | j pa i d f o r b y sa i d p rov i n ces , c i t ies , o r j

I mun ic ipa l i t i es . i j A l l o the r p r o p e r t y po s s e s s e d b y an y o f j

I t hem is pa t r imon i a l an d sha l l be go v e r n e d b y th is i Page 42 of 297




Ateneo Central Bar Operat ions 2007 I Code, w i t h o u t p r e j u d i c e to the p r o v i s i o n s o f \ - spec i a l l aws .

Art. 425. Prope r t y o f p r i v a t e owne rsh i p , bes i des \ the pa t r imon i a l p r o p e r t y o f the State, p rov i n ces , I c i t ies , and mun ic ipa l i t i es , c o n s i s t s o f al l p r o p e r t y \ be l ong i ng to p r i v a t e pe rsons , e i the r i n d i v i dua l l y . o r co l l ec t i ve l y .

• Aliens have no right to acquire any public or private agricultural, commercial, or residential lands except by hereditary succession.

• Private individual has superior right over the property against the state.

Title II - OWNERSHIP OWNERSHIP is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the State or private persons, without prejudice to the provisions of the law. TITLE is that which constitutes a jus t cause of exclusive possession or which is the foundation of ownership of property KINDS OF OWNERSHIP:

1. Full ownership (dominium or jus in re propia) - includes all the rights of the owner

2. Naked ownership (nuda proprietas) - where the right to the use and the fruits has been denied

Naked ownership + usufruct = Full ownership

3. Sole ownership - ownership is vested only in one person

4. Co-ownership/Tenancy in Common - ownership is vested in two or more owners; unity of the property, plurality of the subjects

- Ar t . 427. Owne r s h i p m ay b e exe rc i s ed ove r t h ings - I o r r i gh ts . \ I Ar t . 428. Th e own e r has t h e r i g h t to en j oy an d I I d i s p o s e o f a t h ing , w i t h o u t o t h e r l im i ta t i ons than | j t hose es t ab l i s hed b y law. j I Th e owne r has also a r i g h t o f ac t ion | } aga i ns t the ho l d e r an d p o s s e s s o r o f the t h i ng in [

o rde r to r e c o v e r it . SEVEN RIGHTS OF OWNERSHIP:

1. Jus abutendi - right to consume, transform or abuse

2. Jus accesiones - right to accessories 3. Jus disponendi - right to dispose 4. Jus fruendi - right to fruits 5. Jus possidendi - right to possess 6. Jus utendi - right to enjoy 7. Jus vindicandi -

right to exclude others

from possession of the thing ACTIONS FOR POSSESSION:

1. Movable - Replevin (return of a movable) Note: machinery and equipment used for an industry and indispensable for the carrying on of such industry, cannot be the subject of replevin, because they are considered real

properties. It is both a form of principal and of provisional remedy.

; Ca l u b V CA. 331 SCRA 55 (2000) \ A property that is validly deposited in

|

: custodia legis cannot be the subject of a replevin suit. ■ 2. Immovable

a. Accion Interdictal i. forcible entry ( de t en t ac i on ) - used

by person deprived of possession through: force, intimidation, strategy, threat, or stealth (FISTS) (issue: de facto or physical possession not

juridical, must recover within 1 year from unlawful deprivation, or from discovery, in case of stealth or strategy);

summary

proceeding

ii. unlawful detainer - used by

lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, must recover within 1 year from unlawful deprivation: date of last demand or last letter of demand); summary proceeding

b. accion publiciana - plenary action to recover the better right of possession; must be brought within a period of 10 years, otherwise the real right of possession is lost; issue is possession de jure not de facto; ordinary civil proceeding

c. accion reinvindicatoria - recovery of dominion of property as owner

; Sa rm ien t o v CA 250 SCRA 108 (1995 )

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Ateneo Central Bar Operat ions 2007 i Wliere tine facts averred in tine complaint ;

j reveals that the action is neither one of forcible entry j j nor unlawful detainer but essentially involves a I boundary dispute, the same must be resolved in an ; accion reivindicatoria. - Ar t. 429. The owner or lawful possesso r of a thing

j has the right to exclude any person from the I enjoyment and disposal thereof. For this j purpose, he may use such force as may be I reasonably necessary to repel or prevent an j actual or threatened unlawful phys ical invasion . or usurpation of his property.

PRINCIPLE OF SELF HELP - self defense • Available only when possession has not yet

been lost, if already lost - resort to judicial process

• May be exercised by 3'�'� person - negotiorum gestio

ELEMENTS OF SELF-HELP: 1. Person exercising rights is owner or lawful

possessor 2. Can only be exercised at the time of an

actual or threatened unlawful physical invasion of his property

• Aggression must be illicit or unlawful

• The existence of the danger of violation of law and right is sufficient. 3. Use force as may be reasonably necessary

to repel or prevent it. • Possessor may do all acts

necessary to repel the aggression • But may be liable for damages for

excess force - Ar t. 430. Every owner may enclose or fence his - i land or tenements by means of walls, ditches, live i I or dead hedges, or by any other means without | j detriment to servitudes constituted thereon. j I Ar t. 431. The owner of a thing cannot make use | j thereof in such manner as to injure the rights of a j I third person. I j Ar t. 432. The owner of a thing has no right to j I proh ib it the interference of another with the i j same, i f the interference is necessary to avert an j I imminent danger and the threatened damage, i j compared to the damage arising to the owner j I from the interference, is much greater. The owner I I may demand from the person benefited indemnity [ . fo r the damage to him.

Right to enclose or fence w/o detriment to servitude constituted

STATE OF NECESSITY is the principle which authorizes the destruction of a property which is lesser in value to avert the danger poised to another property the value of which is much greater.

• Comparative danger: Danger must be greater than damage to property. Must consider the economic and sentimental value of the property.

• The owner of the sacrificial property is obliged to tolerate the act of destruction but subject to his reimbursement by all those who benefited.

• In case of conflict between the exercise of the right of self-help and a proper and licit state of necessity, the latter prevails because there is no unlawful aggression when a person or group of persons acts pursuant to the right given in a state of necessity,

- Art. 433. Ac tual possession under claim of ownership raises disputable presumpt ion of ownership. The true owner must resort to ju di ci al

process fo r the recovery of the property. Art. 434. In an action to recover, the proper ty must be identified, and the plaint if f must rely on the strength of his title and no t on the weakness of the defendant's claim.

• Possessor of property has the presumption of title in his favor

• The person claiming better right must prove: a. That he has better title to the property b. Identity of the property

• One must depend on strength of his title and not the weakness of the defense

- Art. 435. No person shall be deprived of his proper ty except by competent authority and fo r publ ic use and always upon payment of just compensation.

Should this requirement be not first complied with, the courts shall protec t and, in a

proper case, restore the owner in his possession. Art. 436. When any proper ty is condemned or seized by competent authority in the interest of health, safety or security, the owner thereof shall no t be entitled to compensation, unless he can show that such condemnation or seizure is

- unjustified.

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Civil Law Summer Reviewer_

Ateneo Central Bar Operat ions 2007 EMINENT DOMAIN is the superior right of the State to acquire private property whether registered or not for public use upon payment of jus t compensation. It is one of the limitations of the right of ownership.

• Absolute necessity

for expropriation

is not required. It is enough that reasonable necessity for public use is intended.

• Just compensation is equivalent to the value of the land. (Market value plus consequential damages minus the consequential benefits)

• The market value should be determined at the time of the filing of the complaint or at the time of taking of the property, whichever transpires first.

• The ownership over the property taken is transferred only when the just compensation with proper interest had been made

ELEMENTS OF TAKING FOR PURPOSES OF EMINENT DOMAIN:

1. The expropriator must enter a private property.

2. The entrance must be for more than a momentary period.

3. The entry should be under warrant or color of legal authority.

4. Property must be devoted to a public use or otherwise informally appropriated or injuriously affected

5. Utilization of the property must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.

POLICE POWER is another limitation of the right of ownership wherein property may be interfered with, even destroyed, if so demanded by the welfare of the community. The owner of the property is not entitled to compensation REQUISITES OF POLICE POWER:

1. Interest of the public generally 2. Means are reasonably necessary for the

accomplishment of a purpose 3. It is not unduly oppressive upon individuals ' uuibkTime ■ ■ arc! a TIFF (Uncompressed) decompressor

- Art. 437. The owner of a parcel of land is the - i owner of its surface and of everything under it, i I and he can construct thereon any works or make j I any plantations and excavations which he may I I deem proper, without detriment to servitudes and | [ subject to special laws and ordinances. He [ I cannot complain of the reasonable requirements | - of aerial navigation.

• Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment)

Art. 438. Hidden treasure belongs to the owner of j the land, building, or other proper ty on which it is I found. j Nevertheless, when the discovery is made I on the proper ty of another, or of the State or any I of its subdivisions, and by chance, one-half I thereof shall be allowed to the finder. I f the finder I is a trespasser, he shall no t be entitled to any I share of the treasure. I If the things found be of interest to j science of the arts, the State may acquire them at I their jus t price, which shall be divided in j conformity with the rule stated.

I Art. 439.

By treasure is

understood, fo r

legal

j purposes, any hidden and unknown deposit of I money, jewelry, or other prec ious objects, the . lawful ownership of which does not appear.

CONCEPT OF TREASURE: 1. Consists of money, jewels, or other

precious objects, (not raw materials) 2. Hidden and unknown 3. Owner is unknown

RIGHT TO HIDDEN TREASURE: 1. Finder is the same as owner of the

property - treasure totally belongs to him. 2. Finder is third person and he discovered it

by chance - finder is entitled to one half of the value of the treasure.

3. Finder is an intruder - he is not entitled to anything

4. Finder was given express permission by the owner - subject to the contract of service and principle of unjust enrichment

Right of Ownership not absolute 1. The welfare of the people is the supreme law

of the land. Salus populi supreme est lex. 2. Use your property so as not to impair the

rights of other. Sic utere tuo ut alienum non laedas.

Limitation on Ownership 1. general limitations for the benefit of the State

(eminent domain, police power, taxation) 2. specific limitations imposed by law

(servitude, easements) 3. specific limitations imposed by party

transmitting ownership (will, contract) Page 45 of 297



Civil Law Summer Reviewer_ Ateneo Central Bar Operations 2007

4. limitations imposed by owner liimseif (voluntary servitude, mortgages, pledges)

5. inherent limitations arising from conflicts with other similar rights (contiguity of property)

6. owner cannot make use of a thing which shall

injure/prejudice

rights of

persons

(neighbors) 7. acts in state of necessity - law permits injury

or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity vs. principle of unjust enrichment)

8. true owner must resort to judicial process - when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession a) identify property b) show that he has better title

NOTE: See property annexes RIGHT OF ACCESSION

ACCESSION is the right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseperably united or incorporated thereto either naturally or artificially.

- Art, 440, Th e ownership of property gives th e r ight - by accession to everything which is produced j thereby, or which is incorporated or attached j thereto, either natural ly or artificially. I Art. 441. To th e owner belongs: j

(1) Th e natural frui ts ; j (2) Th e industrial f r u i t s ; I (3) Th e civil frui ts . I

Art, 442, N atural f r u i t s ar e th e spontaneous j products o f th e soil, an d th e y o u n g an d other I products o f animals. I

Indus tr ial f r u i t s ar e those produced by j lands o f an y k i n d through cultivation or labor. j

Civil f r u i t s ar e th e rents o f buildings, th e | p r i c e o f leases o f lands an d other property an d th e j amount o f perpetual or l i f e annuities or other [

- similar income. 2 KINDS OF ACCESSION:

1. Accession discreta - refers to the fruits or products of a thing which is owned

2. Accession continua - accession to products of the thing; union of things by different persons

ACCESSION DISCRETA General Rule: The owner of the land owns the fruits. Exceptions.'

1. Possessor in good faith of the land, he already owns the fruits already received

2. Usufructuary 3. Lessee gets the fruits of the land 4. Antichresis, the antichretic creditor gets the

fruits, although, said fruits should be applied first to the interest, if any is owning, and then to the principal amount of the loan

NATURAL FRUITS - spontaneous products of the soil and the young of animals INDUSTRIAL FRUITS - those produced by lands of any kind through cultivation or labor CIVIL FRUITS - rents of buildings, the price of lease of lands and other property and the amount of perpetual or life annuities or other similar income ACCESSION CONTINUA PRINCIPLES:

1. The accessory follows the principal 2. The incorporation or union must be so

intimate that the things united cannot be separated without injury to on or both of them. 3. Good faith is not punished but bad faith gives rise to dire consequences.

4. Generally based on necessity and utility. It being more practical that the owner of the principal thing should own the new thing instead of a co-ownership being established.

MAXIMS IN CONNECTION WITH ACCESSION INDUSTRIAL a. Accessorium non ducit sed sequitor suum

principali. The accessory does not lead but follows its principal b. Accessorium sequitor naturam re i cui accedit. The accessory follows the nature of that to which it relates

c. Aedif ica tum solo, solo cedit. What is built upon the land goes with it; or the land is the principal, and whatever is built on it becomes the accessory.

Art. 443. He who receives the fruits has the I obligation to pay the expenses made by a third \

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. at ere ru ts

Civil Law Summer Reviewer Ateneo Central Bar Operat ions 2007

I person in their production, gathering, and \ - preservation.

OBLIGATIONS: 2

. Standing Crops

- Ar t

. 44

4. O

nly suc

h as

are manifest or born are - I consider ed as natural or industrial fruits. |

j With respect to animals, it is sufficient that j I they are in t he w omb of t he mother, although i

! unborn. l • Bar Question (RE: Offspring of Animals)

To whom does the offspring of animals belong when the male�lrtarifffffl�l�s tSilOhg to different owners?

Ans: Under the Partidas, the owner of the female was considered also the owner of the young, unless there is a contrary custom or speculation. The legal presumption, in the absence of proof to the contrary, is that the calf, as well as its mother belong to the owner of the latter, by the right of accretion. (US y. Caballero, 25 Phil 356). This is

also in accord with the maxim "pratus sequitor ventrem" (the offspring follows the dam—or mother).

- Art. 445. Whatever is built, planted or sown on the - I land of another and the improvements or repairs \ j made thereon, belong to the owner of the land, j I subject to the provis ions of the following articles. |

j Art. 446. Al l works, sowing, and planting are j I presumed made by the owner and at his expense, i

j unless the contrary is proved. j I Art. 447. The owner of the land who makes i I thereon, personal ly or through another, j I plant ings, constructions or works with the I I materials of another, shall pay their value; and, i f j I he acted in bad faith, he shall also be obliged to ■ I the reparation of damages. The owner of the |

j materials shall have the right to remove them j I

only in case he can do so without

injury to the

|

j work constructed, or without the plant ings, j I constructions or works being destroyed. |

j However, i f the landowner acted in bad faith, the j I owner of the materials may remove them in any i

j event, with a right to be indemnified fo r damages, j I Art. 448. The owner of the land on which anything |

j has been built, sown or plan ted in good faith, j I shall have the right to appropriate as his own the I I works, sowing or planting, after payment of the j I indemnity prov ided fo r in Articles 546 and 548, or I I to oblige the one who built or planted to pay the j I price of the land, and the one who sowed, the I I proper rent. However, the builder or planter |

j cannot be obliged to buy the land i f its value is j I considerably more than that of the building or | j trees. In such case, he shall pay reasonable rent, j I i f the owner of the land does not choose to |

j appropriate the building or trees after proper j I indemnity. The part ies shall agree upon the terms |

j of the lease and in case of disagreement, the j I court shall fix the terms thereof. |

j Art. 449. He who builds, plants or sows in bad j I faith on the land of another, loses what is built, I

j planted or sown without right to indemnity. j I Art. 450. The owner of the land on which anything I I has been built, planted or sown in bad faith may j I demand the demolition of the work, or that the i I planting or sowing be removed, in order to |

j replace things in their former condition at the j I expense of the person who built, plan ted or |

j sowed; or he may compel the builder or plan ter to j I pay the pr ice of the land, and the sower the |

j proper rent. j I Art. 451. In the cases of the two preceding |

j articles, the landowner is entitled to damages [ from the builder, planter or sower.

Page 47 of 297

Planter Owner Planter in

GF Keeps fruits No necessity to reimburse the planter of expenses since he retains the fruits

Planter in BF Reimbursed

for expenses for production, gathering, and preservation

Gets fruits, pay planter expenses

PLANTER OWNER Planter in GF Reimbursed

for expenses for production, gathering, and preservation

Owns fruits provided he pays planter expenses for production, gathering, and preservation. (forced co- ownership)

Planter in BF Loses everything. No right to reimbursement

Owns fruits



o n a a


- Art. 452. The builder, planter or sower in bad faith - j is entitled to reimbursement fo r the necessary j j expenses of preservation of the land. j I Art. 453. If there was bad faith, no t only on the | j part of the person who built, planted or sowed on j I the land of another, bu t also on the pa rt of the | j owner of such land, the rights of one and the j I other shall be the same as though both had acted | j in good faith. j I It is understood that there is bad faith on i j the part of the landowner whenever the act was j I done with his knowledge and without opposition i I on his part. j I Art. 454. When the landowner acted in bad faith I I and the builder, planter or sower proceeded in j I good faith, the provis ions of article 447 shall I 1 apply. I j Art. 455. If the materials, plants or seeds belong j I to a third

person who has no t acted in bad

faith,

|

j the owner of the land shall answer subsidiarily j I fo r their value and only in the event that the one | j who made use of them has no proper ty with j I which to pay. I j This provis ion shall not apply i f the owner j I makes use of the right granted by article 450. I f | j the owner of the materials, plants or seeds has j I been pa id by the builder, planter or sower, the I I latter may demand from the landowner the value j I of the materials and labor. I I Art. 456. In the cases regulated in the preceding j I articles, good faith does not necessarily exclude I I negligence, which gives right to damages under | - article 2176.

RULES WHEN LANDOWNER CONSTRUCTS OR PLANTS ON HIS LAND WITH MATERIALS OF

ANOTHER 1. LO and OM both in good faith; or LO and OM 2. Rules when on land of a person another

builds, sows, or plants Ex. builder built on LO's land a house in GF Land Owner Owner of Materials

(LO) (OM) OM = GF Becomes the 1. entitled to LO = GF; owner of the reimbursement

materials but he (provided he Or must pay or does not remove

their value. ouickTim ,~andathem) OM = BF IFF (Uncompressed;

are needed to see �Sp�Slhtitled to LO = BF Exception: removal (as if when they can (provided no both in be removed substantial injury GF) without

destruction to the work made or to the plants. In such case,

is caused)

the owner of the • materials can remove them.

LO = BF He becomes the 1. entitled to the OM

= GF

owner

of

the

ABSOLUTE

materials but he right of removal must pay: and damages 1. their value (whether or not 2. and substantial injury

damages is caused 2. entitled to

Exception: reimbursement when the owner an damages (in of the materials case he decides to chooses not to remove them remove whether or not destruction would be caused. In this case,the materials would still belong to the owner of said materials, who id addition will still be entitled to damages

LO = GF 1. Exempted Would lose all rights OM = BF from to the materials,

reimburseme such as the right of nt removal, regardless 2. Entitled to of whether or not

consequential substantial injury damages would be caused

Land Owner (LO) Builder

LO = GF Has a CHOICE 1. Right to payment Builder= either to: o indemnity GF; 1. Appropriate a. Necessary

house as his expenses, right o Or own after retention until

paying for reimbursed LO = BF indemnity b. Useful Builder = . or o compel expenses, right o BF the builder to retention

buy the land 2. May remove the (as if both upon which ornaments with



Page 48 of 297




Ateneo Central Bar Operat ions 2007 in GF) the building which he has

has been built embellished the principal thing if it

unless the suffers no injury value of the thereby, and if his land

be

successor

in the

considerably possession does more than the not prefer to value of the refund the amount house—rent expended should be paid builder fails to

pay - no right of retention, LO entitled for removal of improvement

LO = GF 1. gets the 1. Loses what is built, Builder= accessory planted, or sown BF without without right to

paying any indemnity indemnity or . Liability or its value or damages expenses 3. Entitled to (but w reimbursement for obligation to the necessary pay expenses o necessary preservation of expenses for land the preservation o e land) PLUS damages

. eman e demolition of the work, or that the planting or sowing e removed, a the builder's expense PLUS damages

3. compel the builder or planter to pay the price of the land, and the sower the proper rent whether or not the value

of the land is considerably more than the value of the house PLUS damages

LO = BF He becomes the 1. entitled to the Builder = owner of the ABSOLUTE right GF materials but he of removal and

must pay: damages . e r va ue (whether or no . an damages substantial injury

is caused Exception: when 2. entitled to the owner of the reimbursement materials decides and damages (in to remove them case he chooses whether or not not to remove destruction would be caused. In this case,the materials would still belong to the owner o sa materials, who id addition will still be entitled to damages



• NOTE; since the choice given the LO is

confined to either appropriation or compulsory selling, he has no right of removal or demolition, UNLESS after having selected a compulsory sale, the builder fails to pay for the land

• Remedies i f option exercised was compulsory selling and Builder fails to

pay

1. leave things as they are and assume relation of lessor and lessee; pay rents

2. demolish what has been built, sown, or planted

3. consider price of land as an ordinary money debt of the builder. Therefore, he may enforce payment thru and ordinary action for the recovery of a money debt (levy and execution)

ART. 448 (3"° PERSON PLANTS, SOWS, AND BUILDS ON ANOTHER'S LAND) DOES NOT APPLY WHEN:

1. The builder, planter, sower does not claim ownership over the land but possesses it as

Page 49 of 297




Ateneo Central Bar Operat ions 2007 mere holder, agent, usufructuary or tenant; he knows that the land is not his. Exception: if a tenant whose lease is about to expire, nevertheless still sows, not knowing that the crops will no longer belong to him,

Art. 448 can be applied

2. The builder, planter, or sower is a co-owner,

even if later on, during the partition, the portion of land used is awarded to another co-owner;

3. A person constructs a building on his own land, and then sells the land but not the building to another, there can be no question of good faith or bad faith on the part of the builder. He can be compelled to remove the building. The new owner will thus not be required to pay any indemnity for the building;

4. The builder is a belligerent occupant • RULE WHEN LANDOWNER SELLS LAND

TO A 3" " PERSON WHO IS IN BAD FAITH When 3'�'' person is in bad faith, the builder must go against him, but when the 3'�'' person paid the landowner, the builder may still file a case against him but the 3�� * person may file a rd party complaint against landowner

RULE WHEN THREE PARTIES ARE INVOLVED: Parties

1. land owner (LO) 2. builder, planter, sower (builder) 3. owner of materials (OM)

• The rights of the LO and the builder are the same as that established by the preceding tables

• Rights of OM a. Bad faith - he loses all rights to be

indemnified. Moreover, he can even be liable for consequential damages (as when the materials are of an inferior quality)

b. Good faith - he is entitled to reimbursement from the builder principally since it was the builder whoFfirst -male''use'�of the materials.

are neec - i to see this picture. In case of insolvency on the part of the builder, the LO is subsidiarily liable, if he makes use of the materials.

RULE: OM bad faith, Builder bad faith, LO good faith

1. as between OM and Builder, good faith must govern. Builder must reimburse OM, but in

case Builder cannot pay, LO will not be subsidiarily liable because as to him, OM is in bad faith. If the builder pays, he cannot ask reimbursement from LO because as to LO, builder is in bad faith

2. LO can ask damages

from both;

moreover: a. He may appropriate what has been built

as his own, without payment of any indemnity for useful or necessary expenses for the building but with indemnity for the necessary expenses for the preservation of the land

b. Demand the demolition of the house at builder's expense

c. Compel builder to pay the price of the land whether the land is considerably more valuable than the building or not.

Sa rm ien t o v Agana 129 SCRA 122 (1984) The land owner on which a building has been

constructed in good faith by another has the option to buy the building or sell his land to the builder, he cannot refuse to exercise either option.

: Deo ra v Dum lao 136 SCRA 475 (1985) Owner of the land on which improvement

was built by another in good faith is entitled to \ removal of improvement only after landowner has \

opted to sell the land and the builder refused to pay for the same.

Where the land's value is considerably more than the improvement, the landowner cannot compel the builder to buy the land. In such event, a "forced lease" is created and the court shall fix the terms

; thereof in case the parties disagree thereon. Ba l la t an v CA 304 SCRA 34 (1999)

The right to choose between appropriating the improvement or selling the land on which the improvement of the builder, planter or sower stands, is given to the owner of the land (and not the court)

- Art. 457. To th e owners o f lands adjo in ing th e j banks o f r ivers belong th e accret ion which they j

I gradual ly receive f rom th e effects o f th e cur ren t | j o f the waters. j I Art. 458. The owners o f estates adjo in ing ponds | j or lagoons do no t acqui re th e land lef t dry by the j I natural decrease o f th e waters, o r lose that | j inundated b y them in ext raord inary f loods. j I Art . 459. Whenever th e cur ren t o f a r iver, creek or i j tor rent segregates f rom an estate on it s bank a j I known por t ion o f land and t ransfers i t to another i j estate, th e owne r o f th e land to which th e j I segregated por t ion be longed retains th e \

Page 50 of 297




Ateneo Central Bar Operat ions 2007 owne r s h i p o f it , p r o v i d e d t ha t he r emov e s th e \ s ame wi t h i n tw o years . ALLUVIUM is the soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the current of the water. ACCRETION is the process whereby the soil is so deposited ESSENTIAL ELEMENTS OF ALLUVIUM: (AGA)

1. Result of the action of the waters of the river (or sea)

2. Deposit of soil or sediment be gradual and imperceptible

3. the land where accretion takes place is adjacent to the banks of ricer (or the sea coast)

r Via ia r v CA 168 SCRA 405 (1988) Registration under the Torrens System does

not protect the riparian owner against the dimunition \ of the area of his registered land through gradual \ : changes in the course of an adjoining stream. \ Revnan t e v CA 207 SCRA 794 (1992)

FACTS: Petitioner, as tenant of the private

i respondent, has been in possession of the subject i lots for more than 50 years. Such lots were not included in the TCT of PR. Private respondent claims that such lots were created by alluvial formation and hence their property as the riparian

i owner. i ISSUE:

W/n the disputed land belongs to PR as a result of accretion HELD:

NO. There is no automatic registration. Failure to register the acquired alluvial deposit by accretion for 50 years subjected said accretion to

: acquisition through prescription by third persons. TIFF (Uncompressed) decompressor . -afQ riaQHoH oqq thie- . : Ron au i l l o v CA 195 SCRA 433 (1991)

ISSUE: w/n the dried up portion of Estero Calublub

was caused by natural change and therefore subject i of accretion i 1 1 i Held:

NO. The rules on alluvion do not apply to I man-made or artificial accretions to lands that adjoin ; canals or esteros or artificial drainage system.

AVULSION is the process whereby a portion of a land is segregated from an estate by the current of a river, creek or torrent and transferred to another estate. ESSENTIAL ELEMENTS OF AVULSION:

1. The segregation and transfer must be caused by the current of a river, creek or torrent

2. Sudden or abrupt 3. Portion of land must be known or identifiable

NOTE: the former owner preserves his ownership of the segregated portion provided he removes (not merely claims) the portion within 2 years.

- Art. 460. Trees up r o o t e d and car r ied away b y th e - j cu r ren t o f the wate rs be l ong to th e owne r o f t he j I l a nd upon wh i c h t hey m ay be cast , i f the owne r s I I do n o t c la im t hem wi t h i n s ix mon ths . I f such | j owne rs c la im t hem, t hey sha l l p ay the expenses j I i n cu r r ed in ga the r i ng them o r pu t t i n g t hem in a | j sa fe place. j j Art. 461. Ri ve r beds wh i ch ar e abandoned j I t h r ough th e na tu ra l c h ange in th e c o u r s e o f the i I wate rs i p s o f ac to be l ong to t he owne r s wh o s e j I l ands ar e

o c c up i e d

b y the n ew c o u r s e in I

I p r o p o r t i o n to the area los t . However , th e owne rs j I o f th e l ands ad j o i n i ng the o ld b ed sha l l have the I I r i g h t to acqu i r e th e s ame b y pa y i n g th e va lue | j thereof , wh i ch va lue sha l l no t exceed th e va lue o f [ - the area o c c up i e d b y th e n ew bed.

CHANGE OF RIVERBED REQUISITES:

1. change must be sudden in order that the old river bed may be identified

2. the changing of the course must be more or less permanent, and not temporary overflooding another's land

3. the change must be a natural one, i.e. caused by natural forces

4. there must be a definite abandonment by the government

5. the river must continue to exist, that is, it must not completely dry up or disappear.

RIGHT OF OWNER OF LAND OCCUPIED BY NEW RIVER COURSE:

Page 51 of 297




Ateneo Central Bar Operat ions 2007 1. Right to old bed ipso facto in proportion to

area lost 2. Owner of adjoining land to old bed shall have

right to acquire the same by paying its value - value not to exceed the value of area occupied

by

new bed - Art. 462. Whenever a river, changing its course by - i natural causes, opens a new bed through a i j pr iva te state, this bed shall become of publ ic \ - dominion.

• If a river changes its course and opens a new bed, this bed becomes of public dominion even if it is on private property.

• The new river banks created shall likewise be of public dominion.

• The new river bed may itself be abandoned, due to natural or artificial causes authorized by law. In such case, the owners will get back this previous property if the course of the river reverts back to its original place.

• River may be navigable or non-navigable. - Art. 463. Whenever the current of a river divides - i itself into branches, leaving a piece of land or \ I pa rt thereof isolated, the owner of the land j I retains his ownership. He also retains it i f a I I po rt ion of land is separated from the estate by j I the current. I I Art. 464. Islands which may be formed on the | j seas within the ju ri sd ic ti on of the Philippines, on j I lakes, and on navigable or floatable rivers belong | j to the State. j I Art. 465. Islands which through successive i j accumulation of alluvial deposits are formed in j I non-navigable and non-floatable rivers, belong to i j the owners of the margins or banks nearest to j I each of them, or to the owners of both margins i f i j the island is in the middle of the river, in which j I case it shall be divided longitudinally in halves. I f I j a single island thus formed be more distant from j j one margin than from the other, the owner of the I - nearer

margin shall

be the

sole

owner thereof.

QulFkTirne'�'�nF Z TIFF {Uncompressed) decompressor

ISLAND BELONGS TO THElfAti: 1 . On seas within the jurisdic tion of the

Philippines 2. on lakes 3. on navigable or floatable rivers

ISLAND FORMED IN NON-NAVIGABLE OR NON- FLOATABLE RIVERS

• Island shall pertain and belong to the owners of the margins or banks of the river nearest to each of them.

• If in the middle of the river - it shall be divided longitudinally in halves

- Art. 466. Whenever two movable things belonging - i to different owners are, without bad faith, united i j in such a way that they form a single object, the \ I owner of the pr incipa l thing acquires the I I accessory, indemnifying the former owner \

thereof for its value ADJUNCTION OR CONJUNCTION is a process whereby two movable things owned by different persons are joined together without bad faith, in such a way that they form a single object CLASSES OF ADJUNCTION: (ISTEP) 1. Inclusion (engraftment) - such as setting a

precious stone on a golden ring 2. Soldadura (soldering) - such as join ing a

piece of metal to another metal a. Feruminatio - same metal b. Plumbatura - different metals

3. Tejido (weaving) 4. Escritura (writing) 5. Pintura (painting) • The owner of the principal, who by law

becomes the owner of the resulting object, will

indemnify the owner of the accessories

for the values thereof. - Art. 467. The pr incipa l thing, as between two - I things incorporated, is deemed to be that to \ j which the other has been united as an ornament, j I or fo r its use or perfection. | j Art. 468. If it cannot be determined by the rule j

I given in the preceding article which of the two | j things incorporated is the pr incipa l one, the thing j

I of the greater value shall be so considered, and | j as between two things of equal value, that of the j I greater volume. I I In painting and sculpture, writings, j I pr in ted matter, engraving and lithographs, the I I board, metal, stone, canvas, pape r or pa rchmen t \ - shall be deemed the accessory thing.

THE PRINCIPAL IS THAT: 1. To which the accessory has been united as

ornament or for its use or perfection 2. Of greater value, if they are of unequal value 3. Of greater volume, if they are of equal value 4. That of greater merits.

Page 52 of 297




Ateneo Central Bar Operat ions 2007 - Art. 469. Whenever the things united can be -

j separated without injury, their respective owners j I may demand their separation. I j Nevertheless, in case the thing united for j I the use, embellishment or perfection of the other, | j is much more precious than the pr incipa l thing, j I the owner of the former may demand its | j separation, even though the thing to which it has \ - been incorporated may suffer some injury.

WHEN SEPARATION ALLOWED: 1. Separation without injury 2. Separation with injury - accessory is much

more precious tlian tine principal, tine owner of tine former may demand its separation even tliougli tine principal may suffer injury.

3. Owner of principal in bad faith Art. 470. Whenever the owner of the accessory

j thing has made the incorporation in bad faith, he I shall lose the thing incorporated and shall have I the obligation to indemnify the owner of the I pr incipal thing fo r the damages he may have I suffered. I If the one who has acted in bad faith is the I owner of the pr incipa l thing, the owner of the j accessory thing shall have a right to choose I between the former paying him its value or that j the thing belonging to him be separated, even I though fo r this purpose it be necessary to j destroy the pr incipa l thing; and in both cases, I furthermore, there shall be indemnity fo r j damages. I If either one of the owners has made the j incorporation with the knowledge and without the I objection of the other, their respective rights j shall be determined as though both acted in good I faith. I Art. 471. Whenever the owner of the material I employed without his consent has a right to an I indemnity, he may demand that this consist in the j delivery of a thing equal in kind and value, and in j all other respects, to that employed, or else in the

pr ice thereof, according to expert appraisal.

y

s - j of the same or different kinds are mixed, or if the j I mixture occurs by chance, and in the latter case | j the things are no t separable without injury, each j I owner shall acquire a right propor ti onal to the | j part belonging to him, bearing in mind the value j I of the things mixed or confused. | j Art. 473. If by the will of only one owner, but in j I good faith, two things of the same or different | j kinds are mixed or confused, the rights of the j I owners shall be determined by the prov is ions of i j the preceding article. j I If the one who caused the mixture or i I confusion acted in bad faith, he shall lose the j I thing belonging to him thus mixed or confused, I I besides being obliged to pay indemnity fo r the | j damages caused to the owner of the other thing j I with which his own was mixed. ■

MIXTURE takes place when two or more things belonging to different owners are mixed or combined KINDS:

1. Commixtion - mixture of solid things 2. Confusion - mixture of liquid things

RULES: 1. Mixture by the will of the owners - their rights

shall be governed by their stipulations. Page

53 of 297

Owner of Owner of Accessory Principal (OP) (OA)

0P = GF Acquires the May separate them if 0A = GF accessory, no injury will be

indemnifying caused; if value of Or the former accessory s greater

owner ereo an principal, owner 0P = BF for its value of accessory may 0A = GF eman separation

even if damages will be caused to the principal (expenses o e orne by one who caused the conjunction)

OP =GF 1. owns the 1. loses the thing 0A = BF accessory incorporated

. right o . indemnify e damages or e damages

may ave suffered

OP = BF 1. pay OA Right to choose 0A = GF value of between

accessory 1. OP paying him its or value or

2. principal 2. That the thing and belonging o m accessory be separated be even though e separated necessary o

destroy e Liability or principal thing damages




Without stipulation, eacli acquires a riglit or interest in proportion to tine value of his material

2. Mixture caused by an owner in GF or by chance - each share shall still be in proportion

to the value of their thing

3. Mixture caused by owner in BF - the actor

forfeits his thing and is liable for damages Art. 474. One who in good faith employs the

j material of another in whole or in part in order to I make a thing of a different kind, shall appropriate I the thing thus transformed as his own, I indemnifying the owner of the material fo r its I value. I If the material is more precious than the I transformed thing or is of more value, its owner j may, at his option, appropriate the new thing to

I himself,

after first paying

indemnity

fo r the value j of the work, or demand indemnity fo r the

I material. j If in the making of the thing bad faith

I intervened, the owner of the material shall have j the right to appropriate the work to himself I without paying anything to the maker, or to j demand of the latter that he indemnify him fo r the I value of the material and the damages he may I have suffered. However, the owner of the material I cannot appropriate the work in case the value of I the latter, fo r artistic or scientific reasons, is I considerably more than that of the material. I Art. 475. In the preceding articles, sentimental . value shall be duly appreciated.

SPECIFICATION means the giving of a new form to a material belonging to another person through the application of labor or industry. RULES:

1. When the maker (considered principal) is in GF

a. Appropriate but must indemnify the owner of the material

b. May not appropriate - material transformed is worth more than the new thingQ„|Xhe OM may:

i�."'a�'t)propriate new thing subject to the payment of the value of the work, or

ii. demand indemnity for the material with damages

2. When the maker is in BF a. OM can appropriate the work without

paying for the labor or industry b. OM can demand indemnity plus

damages

3. OM cannot appropriate if the value of the work is considerably more than the value of the material due to artistic or scientific importance

COMPARISON OF THE 3 TYPES OF ACCESSION NO

See

oper

anne

s

UIE

NG

F TITLE - Art. 476. Whenever there is a cloud on title to real -

j proper ty or any interest therein, by reason of any j I instrument, record, claim, encumbrance or | j proceeding which is apparently valid or effective j I bu t is in truth and in fact invalid, ineffective, I I voidable, or unenforceable, and may be j I prejudic ial to said title, an action may be brought i I to remove such cloud or to quiet the title. j I An action may also be brought to prevent I I a cloud from being cast upon title to real proper ty | j or any interest therein. j I Art. 477. The plaint if f must have legal or equitable | j title to, or interest in the real proper ty which is j

I the subject matter of the action. He need no t be in | \ possession of said property. j I Art. 478. There may also be an action to quiet title | j or remove a cloud therefrom when the contract, j I instrument or other obligation has been | j extinguished or has terminated, or has been j I barred by extinctive prescription. I

j Art. 479. The plaint if f must return to the

j

I defendant all benefits he may have received from I I the latter, or reimburse him for expenses that j I may have redounded to the plaintif f's benefit. i I Art. 480. The pr inciples of the general law on the | j quieting of title are hereby adopted insofar as [ . they are no t in conflict with this Code. ,

Page 54 of 297

Ad junction Mixture Specification Involves at Involves Involves at least 2 at least 2 least 2 things things things

As a rule, As a rule, As a rule, accessory co- accessory follows ownership follows principal results principal The things May either The new

joined reta n retain or object reta ns their nature lose or preserves

respective the nature of

natures t e original object



:


- Art. 481. The procedure fo r the quieting of title or - j the removal of a cloud therefrom shall be j j governed by such rules of court as the Supreme j

� Court shall promulgated. REASONS: 1. prevent litigation

2. protect true title & possession 3. real interest of both parties which requires

that precise state of title be known ACTION TO QUIET TITLE

• put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendant's claim is w/o foundation

• remedial • Not suits in rem nor personam but suits

against a particular person or persons in respect to the res (quasi in rem) • May not be brought for the purpose of

settling a boundary disputes • Appl icable to real property or any interest

therein. The law, however, does not exclude personal property from actions to quiet title.

• An action to quiet title brought by the person in possession of the property is IMPRESCRIPTIBLE.

• If he is not in possession, he must invoke his remedy within the prescriptive period.

CLASSIFICATION: 1. Remedial action - one to remove cloud on title

2. Preventive action - on to prevent the casting of a (threatened ) cloud on the title.

ACTION TO REMOVE CLOUD • intended to procure cancellation, delivery,

release of an instrument, encumbrance, or claim constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his title

• preventive • Cloud - any instrument which is inoperative but has semblancd''M't'itlie'Tmp%ssor

are needed to see this picture. 1. Plaintiff must have legal or equitable

interest 2. Need not be in possession of property 3. Return to defendant all benefits received

- he who wants just ice must do just ice EXISTENCE OF CLOUD:

1. of an instrument (deed or contract) or record or claim or encumbrance or proceeding

2. which is AP PARE NT LY valid or effective 3. BUT is, in truth and in fact, invalid,

ineffective, voidable, or unenforceable, or extinguished

(or

terminated) or barred

by

extinctive prescription 4. AND may be prejudicial to the title

DISTINCTIONS BETWEEN ACTION FOR QUIETING OF TITLE AND ACTION FOR

RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

- Art. 482. If a building, wall, column, or any other - j construction is in danger of falling, the owner \ j shall be obliged to demolish it or to execute the j I necessary work in order to prevent it from falling. | j If the proprietor does no t comply with this j I obligation, the administrative authorities may | j order the demolition of the structure at the j I expense of the owner, or take measures to insure i j publ ic safety. j I Art. 483. Whenever a large tree threatens to fall in | j such a way as to cause damage to the land or j I tenement of another or to travelers over a publ ic I I or pr iva te road, the owner of the tree shall be j

Page 55 of 297

Basis Action to Title Quiet Action to

Remove Cloud 1 Purpose Put an end to Procure

vexatious cancellation, litigation in release of an respect to the instrument, property encumbrance or concerned claim in the

plaintiffs title- which affects the title or enjoyment of the property

2 Nature Plaintiff asserts Plaintiff declares own claim and his own claim declares that the and title, and at claim of the the same time defendant is indicates the unfounded and source and calls on the nature of the defendant to defendant's

jus ti fy his claim claim, pointing its on t e property defects an prays that the same for the may be declaration of its determined by invalidity the court




I obliged to fell and remove it ; and should he no t I do so, it shall be done at his expense by order of

the administrative authorities. Liability fo r damages:

1. collapse - engineer, architect or contractor 2. collapse resulting from total or partial damage; no repair made - owner; state may compel him to demolish or make necessary work to prevent if from falling

3. if no action - done by government at expense of owner

: Juan F. Nakoil & Sons v. CA 144 SCRA 596 (1986) FACTS:

Early morning of Aug. 2 1968 an unusually i strong earthquake hit Manila and its environs and the

building in question sustained major damages. To escape

liability,

the contractor and architect claim that it was due to force majeure or and act of God.

I ISSUE: I w/n the contractor and architect are liable

HELD: YES. Having made substantial deviations

i from the plans and specifications, having failed to observe requisite workmanship in construction, and the architect made plans that contain defects and inadequacy, both contractor and architect cannot escape liability. To constitute an act of god the following must concur: 1) the cause of the breach of obligation must be independent of the will of the debtor 2) the event must be either unforeseeable or unavoidable 3) the event must be such as to render it

i impossible for the debtor to fulfill his obligation in a normal manner 4) the debtor must be free form any participation in, or aggravation of the injury to the

; creditor. Title III - CO-OWNERSHIP

- Art. 484. There is co-ownership whenever the j ownership of an undivided thing or right belongs

I to different persons. j In default of contracts, or of special I provis ions, co-ownership shall be governed by ! the prov is ions of this Title.

CO-OWNERSHIP is that form of ownership which exists whenever an undivided thing or right belongs to different persons. REQUISITES:

1. plurality of subjects - many owners 2. unity of material (indivision) of object of

ownership 3. recognition of ideal shares

CAUSES/SOURCES 1. law 2. contracts 3. succession 4. fortuitous event/chance - commixtion 5. occupancy - 2 persons catch a wild animal 6. donation

KINDS OF CO-OWNERSHIP: 1. Ordinary - right of partition exists 2. Compulsory - no right partition exists (party

wall) 3. Legal - created by law 4. Contractual - created by contract 5. Universal - over universal things (co-heirs) 6. Singular or Particular - over particular or

specific thing 7. Incidental - exists independently of the will of

the parties

a

6 9

Co-Ownership Partnership Legal

pers onal it y No legal personality Has legal or

jur id ica l personality

Source Created by contract or other things

Created by contract only (express or implied)

Purpose Collective enjoyment of a thing

Profit Term Ag re ement for

it to exist for 10 years - valid (If more than 10 years, the excess is void)

(NOTE: 20 years is the maximum if imposed by the testator or donee of the common property)

No term limit set by law

Representation As a rule, no mutual representation

As a rule, there is mutual representatio



Co-ownership o n

Tenancy


DI

STIN

GUI

SHE

D FROM JOI

NT TEN

ANC

Y: - Art

. 48

5. The share o f th e co-owners , in the -

I benef i ts as well as in the charges, shal l be \

I propor t i ona l to their respect ive interests. Any | j s t ipu la t ion in a con t rac t to th e cont rary sha l l be j I void. I

j The por t ions belonging to th e co-owners j I in th e co-ownersh ip sha l l be p r esumed equal, i

j unless th e cont rary is proved. j I Art. 486. Each co-owner may use th e th ing owned i I in common , prov ided he does so in accordance j I with th e pu r pose fo r which i t is in tended and in I I such a way as no t to in jure th e in teres t o f th e co- j I ownersh ip o r preven t th e other co-owners f rom I I us ing i t accord ing to their r ights . The purpose o f |

j th e co-ownersh ip may be changed by agreement , j I express o r impl ied. |

j Art. 487. Any one o f th e co-owners may br ing an j I act ion in ejectment . |

j Art. 488. Each co-owner shal l have a r i gh t to j I compe l the other co-owners to cont r ibute to the i

j expenses o f preservat ion o f the th ing or r i gh t j I owned in common an d to th e taxes. Any one o f |

j th e lat ter may exempt h imse l f f rom this obl igat ion j I by r enounc ing so much o f his und iv ided in teres t I I as may be equiva lent to his share o f the j

j expenses an d taxes. No such waiver shal l be I . made i f i t is pre jud ic ia l to the co-ownersh ip .

RIGHTS OF CO-OWNERS: 1. Right to benefits proportional to respective

interest; stipulation to contrary is void 2. Right to use thing co-owned

a. for purpose for which it is intended b. without prejudice to interest of

ownership c. without preventing other co-owners

from making use thereof 3. Right to change purpose of co-ownership by

agreement 4. Right to bring action in ejectment in behalf of

other co-owner 5. Right to compel co-owners to contribute to

necessary expenses fo r preservation of thing and taxes

6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest; but can't be made if prejudicial to co- ownership

7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if practicable

8. Right to full ownership of his part and fruits

Page 57 of 297

n Effect of death Not dissolved Dissolved by

by death or the death or incapacity of a incapacity of co-owner a partner

Substitution

Can dispose of Cannot

his share substitute without consent another as of others partner in his

place without consent of others

Profits Must always May be depend on stipulated proportionate upon shares

Shares Involves a physical whole. But there is an ideal (abstract) division; each co- owner being the owner of his ideal share

Involves a physical whole. But there is no ideal (abstract) division; each and all of them own the whole thing

Disposal of shares Each co-owner

may dispose of his ideal or undivided share (without boundaries) without the other's consent

Each co-owner may not dispose of his own share without the consent of all the rest, because he really has no ideal share

Effect of death If a co-owner

dies, his share goes to his own heirs

If a jo int tenant dies, his share goes by accretion to the other joint- tenants by virtue of their survivorship or

jus accrecendi Effect of disability If a co-owner is a

minor, this does not benefit the others for the purpose of prescription, and prescription therefore runs against them

If one jo int- tenan t is under legal disability (like minority), this benefits the other against whom prescription will not run




Ateneo Central Bar Operat ions 2007 9. Right to alienate, assign or mortgage own

part; except personal rights like right to use and habitation

10. Right to ask for partition anytime 11. Right of pre-emption 12.

Right of

redemption

; Mariano v CA 222 SCRA 736 (1993) Redemption of the whole property by a co-

owner does not vest in him sole ownership over said property. Redemption within the period prescribed by

\ law by a co-owner will inure to the benefit of all co- \ I owners. Hence, it will not put an end to existing co- [ ; ownership.

13. Right to be adjudicated thing (subject to right of others to be indemnified)

14. Right to share in proceeds of sale of thing if thing

is indivisible and they

cannot agree

that it be allotted to one of them

- Art. 489. Repairs fo r preservation may be made at - j the will of one of the co-owners, bu t he must, i f j I practicab le, first notify his co-owners of the |

j necessity fo r such repairs. Expenses to improve j I or embellish the thing shall be decided upon by a |

j majority as determined in Article 492. j I Art. 490. Whenever the different stories of a i

j house belong to different owners, i f the titles of j I ownership do not specify the terms under which i I they should contribute to the necessary j I

expenses and there exists no

agreement on the I

I subject, the following rules shall be observed: j I (1) The main and pa rty walls, the roof and I I the other things used in common, shall be | I preserved at the expense of all the owners in I I propor tion to the value of the story belonging to |

j each; j I (2) Each owner shall bear the cost of |

j maintaining the floor of his story; the floor of the j I entrance, front door, common yard and sanitary i

j works common to all, shall be maintained at the j I expense of all the owners pro rata; I

j (3) The stairs from the entrance to the first j I story shall be maintained at the expense of all the I

j owners pro rata, with the exception of the owner j I of the ground floor; the stairs from the first to the I I second story shall be preserved at the expense of j I all, except the owner of the ground floor and the I I owner of the first story; and so on successively. |

j Art. 491. None of the co-owners shall, without the j I consent of the others, make alterations in the |

j thing owned in common, even though benefits fo r j I all would result therefrom. However, i f the | I withholding of the consent by one or more of the \

I co-owners is clearly prejud ic ia l to the common | j interest, the courts may afford adequate relief. j I Art. 492. For the administration and better |

j enjoyment of the thing owned in common, the j I resolutions of the majority of the co-owners shall i

j be binding. j I There shall be no majority unless the i I resolution is approved by the co-owners who j I represent the controlling interest in the object of I I the co-ownership. j I Should there be no majority, or should the I I resolution of the majority be seriously prejudic ia l |

j to those interested in the proper ty owned in j I common, the court, at the instance of an |

j interested party, shall order such measures as it j I may deem proper, including the appointment of |

j an administrator. j I Whenever a part of the thing belongs exclusively i

j to one of the co-owners, and the remainder is j I owned in common, the preceding provis ion shall |

j apply only to the part owned in common. (398) j I Art. 493. Each co-owner shall have the full I I ownership of his pa rt and of the fruits and j I benefits pertaining thereto, and he may therefore I I alienate, assign or mortgage it, and even j I substitute another person in its enjoyment, I I except when personal rights are involved. But the |

j effect of the alienation or the mortgage, with j I respect to the co-owners, shall be limited to the |

j port ion which may be alloted to him in the j I division upon the termination of the co- | I ownership. - Art. 494. No co-owner shall be obliged to remain -

j in the co-ownership. Each co-owner may demand j I at any time the part it ion of the thing owned in I I common, insofar as his share is concerned. |

j Nevertheless, an agreement to keep the j I thing undivided fo r a certain period of time, not |

j exceeding ten years, shall be valid. This term may j I be extended by a new agreement. |

j A donor or testator may pr oh ibi t part it ion j I fo r a pe riod which shall not exceed twenty years. |

j Neither shall there be any part it ion when it is j I proh ib ited by law. |

j No prescr ip tion shall run in favor of a co- j I owner or co-heir against his co-owners or co- I j heirs so long as he expressly or impliedly j I recognizes the co-ownership. I I Art. 495. Notwithstanding the prov is ions of the j I preceding article, the co-owners cannot demand i I a phys ical division of the thing owned in |

j common, when to do so would render it j I unserviceable fo r the use for which it is intended. | I But the co-ownership may be terminated in j

accordance with Article 498. , Page 58 of 297




Ateneo Central Bar Operat ions 2007 - Ar t. 496. Pa r t i t i o n m a y b e m ad e b y ag ree m en t - \ b et w een t h e p a r t i e s o r b y j u d i c i a l p ro cee d i n gs . \ j Pa r t i t i o n s h a l l b e g o v er n ed b y t h e Ru l e s o f Co u r t j I i n s o f a r as th ey a r e c o n s is te nt w i t h t h i s Code . | I (402) I I Ar t. 497. Th e c r e d i t o r s o r ass ig nees o f t h e c o - | j o w ner s m a y t a k e p ar t i n t h e d i v i s i o n o f t h e t h i n g j I o w n ed in c o m m o n a n d ob je c t t o i t s b e i n g | j e f f e c t e d w i t ho u t t h e i r c o n c u r r e n c e . B u t t h e y j I c an n o t i m p u g n a n y p a r t i t i o n a l r e a d y e x e c u t e d , i j u n l e s s t h e r e h as b e e n f r a u d , o r in c a s e i t w as j I m ad e no tw i t h s t an d in g a f o r m a l o p p o s i t i o n i I p res en te d t o p rev e n t it , w it h o ut p re j ud i ce to t h e j I r i g h t o f t h e de b to r o r a s s i g n o r to m a i n t a i n i t s i I va l i d i t y . j I Ar t. 498. Wh en ev er t h e t h i n g is e s s e n t i a l l y I I i n d i v i s i b l e a n d t h e co -ow n ers c an n o t a g r e e t h a t i t | j b e a l l o t t e d t o o n e o f t h em w h o s h a l l in dem n i f y j I t h e o t h e r s , i t s ha l l b e s o l d a n d i t s p ro ce ed s | j d i s t r i b u t e d . j I Ar t. 499. Th e p a r t i t i o n o f a t h i n g o w n e d in | j c o m m o n s h a l l n o t p r e j u d i c e t h i r d p e r s o n s , w h o j I s h a l l r e t a i n t h e r i g h t s o f m o r t g age , s e r v i t u d e o r i j a n y o th er r e a l r i g h t s be lo n g i n g t o t h em b e f o r e t h e j I d i v i s i o n w as m ad e. Per s o na l r i g h t s pe r t a i n i n g t o | j t h i r d p ers o ns a g a i n s t t h e c o -o w n er s h i p s ha l l a l s o \ . r em a in in f o r c e , n o tw i t h s t a nd i n g t h e p a r t i t i o n .

DUTIES/ LIABILITIES 1. Share in charges proportional to respective

interest; stipulation to contrary is void 2. Pay necessary expenses and taxes - may be

exercised by only one co-owner 3. Pay useful and luxurious expenses - if

determined by majority 4. Duty to obtain consent of all if thing is to be

altered even if beneficial; resort to court if non-consent is manifestly prejudicial

5. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling interest; court intervention if prejudicial - appointment of administrator

6. No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites for acquigitiflri tt�rough prescription a. he through

unequivocal acts b. such act of repudiation is made

known to other co-owners c. evidence must be clear and

convincing 7. Co-owners cannot ask for physical division if

it would render thing unserviceable; but can terminate co-ownership

8. Aft er partition, duty to render mutual accounting of benefits and reimbursements for expenses

RIGHTS TO 3"° PARTIES 1. creditors of

assignees

may take

part in

division and object if being effected without their concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal opposition

2. non-intervenors - retain rights of mortgage and servitude and other real rights and personal rights belonging to them before partition was made

PARTITION: Gen e r a l Ru l e : No co-owner shall be obliged to

remain in the co-ownership. Each co-owner may at any time demand the partition of the thing owned in common, insofar as his share is concerned. E x c e p t i o n : When a co-owner may not

successfully demand a partition 1. if by agreement ( fo r a period not

exceeding 10 years) partition is prohibited

2. when partition is prohibited by a donor or testator (for a period not exceeding 20 years) - from whom the property came

3. when partition is prohibited by laws 4. when a physical partition would render

the property unserviceable, but in this case, the property may be allotted to one of the co-owners, who shall indemnify the others, or it will be sold, and the proceeds distributed

5. when the legal nature of the common property does not allow partition

REQUISITES OF REPUDIATION: 1. Unequivocal acts of repudiation of the co-

ownership amounting to an ouster of the other co-owners

2. positive acts of repudiation have been made known

3. the evidence is clear and conclusive 4. open, continuous, exclusive, notorious

possession PRESCRIPTION • Gen e r a l Ru l e : Prescription does not adversely

affect a co-owner or co-heir. A co-owner cannot acquire the whole property as against the other co-owners

Page 59 of 297



r g t


Excep t ion : valid repudiation - prescription sliail start from sucli repudiation Excep t i on to excep t i on : In constructive trusts, prescription does not run.

; Paulmitan vCA 5

SCRA 866 (1992)

i Even if a co-owner sells the whole property \ as his, the sale will affect only his own share but not those of the other co-owners who did not consent to the sale.

A sale of the entire property by one co-owner \ without the consent of the other co-owners is not null \

and void but affects only his undivided share and the transferee gets only what would correspond to his

\ grantor in the partit ion of the thing owned in common. - Art. 500. Upon par t i t i on , t he re sha l l be a mu t u a l -

j accoun t i ng f o r bene f i t s r e ce i v ed and j I r e imbu r s emen t s f o r expenses made. L ikewise , I I each c o - owne r sha l l p ay f o r damages caused b y \ j r eason o f h is neg l i gence o r f raud. j I Art. 501. Every c o - owne r shal l , a f te r par t i t i on , be | I l iab le f o r de fec ts o f t i t le an d qua l i t y o f the po r t i on j ass i gned to each o f th e o t h e r co -owne rs . OBLIGATIONS OF CO-OWNERS UPON PARTITION

1. Mutual accounting of benefits received, for the fruits and other benefits of the thing belonging to all co-owners.

2. Mutual reimbursements for necessary expenses. 3. Indemnity for damages caused by reason of negligence or fraud

4. Reciprocal warranty for defects of title or quality of the portion assigned to co-owner.

Title V: POSSESSION - Art. 523. Possess i on is the ho l d i n g o f a t h i ng o r - ! the en j o ymen t o f a r i gh t .

POSSESSION is the holding of a thing or enjoyment _

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REQUISITES: 1. occupancy - actual or constructive (corpus) 2. intent to possess (animus possidendi) 3. must be by virtue of one's own right

EXTENT OF POSSESSION: 1. physical/actual - occupancy in fact of the

whole or at least substantially the whole

2. constructive - occupancy in part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole

WHAT CAN BE SUBJECT OF POSSESSION things

or rights which are susceptible of being appropriated DEGREES OF POSSESSION:

1. holding w/o title and in violation of right of owner (grammatical degree) Ex. possession of a thief

2. possession with juridical title but not that of owner (juridical possession) Ex. that of a lessee, pledge, depositary

3. possession with jus t title but not from true owner (also called the possessory right) Ex. A in good faith buys a car from B who delivers the same to A but B merely pretended to be the owner

4. possession with jus t title from true owner - Art. 524. Possess i on m ay be exe rc i s ed in one 's

j own name o r in t ha t o f another. I Art. 525. Th e po s s e s s i o n o f t h i ngs o r r i gh t s m ay j be h ad in o ne o f tw o concep t s : e i t he r in the I c o n c ep t o f owner , o r in t ha t o f the ho l d e r o f the I t h i ng o r r i g h t to keep o r en j oy it , th e owne r s h i p . pe r t a i n i ng to ano the r pe rson . ACQUISITION OF POSSESSION FROM THE VIEWPOINT OF WHO POSSESSES:

1. Personal Requ i s i t e s :

a. Intent to possess b. Capacity to possess c. Object must be capable of being

possessed 2. thru authorized person (agent or legal

representative) Requisites: a. intent to possess for principal (not for

agent) b. authority or capacity to possess (for

another) c. principal has intent and capacity to possess

3. thru Unauthorized person (but only if subsequently ratified)

Requisites: a. intent to possess for another (the

principal) b. capacity of "principal" to possess c. ratification by principal

Page 60 of 297




Ateneo Central Bar Operat ions 2007 CLASSES OF POSSESSION:

1. in concept of owner - owner himself or adverse possessor Effects:

a. may be converted into ownersliip tlirougli

acquisitive

prescription

b. bring actions necessary to protect

possession c. asl< for inscription of possession d. demand fruits and damages from

one unlawfully detaining property 2. in concept of holder - usufruct, lessee, bailee

in commodatum 3. in oneself-personal acquisition

a. he must have capacity to acquire possession

b. intent to possess c. possibility to acquire possession

4. in name of another - agent; subject to authority and ratification if not authorized; negotiorum gestio

a. Voluntary - as when an agent possesses for the principal

b. Necessary - as when a mother possesses for a child still in the maternal womb

c. Unauthorized - this will become the principal's possession only after there has been a ratification without prejudice to the effects of negotiorum gestio

: Heirs of Roman Soriano v CA 363 SCRA 86 (2001) ■ The exercise of right of ownership yields to exercise of the rights of the agricultural tenant.

\ Possession and ownership are distinct legal \ concepts. Ownership confers certain rights to the owner, among which are the right to enjoy the thing owned and the right to exclude other persons from

possession thereof On the other hand, possess ion \ is defined as the holding of a thing or the enjoyment \

of a right. Literally, to posses s means to actually and physical ly occupy a thing with or without a right. Thus, a person may be declared an owner but he

: may not be entitled to possession. - Art. 526. He is deemed a possesso r in good faith -

j who is no t aware that there exists in his title or \ I mode of acquisition any flaw which invalidates it. I j He is deemed a possesso r in bad faith j j who possesses in any case contrary to the j I foregoing. I I Mistake upon a doubtful or difficult j

question of law may be the basis of good faith. ,

- Art. 527. Good faith is always presumed, and - j upon him who alleges bad faith on the part of a j ■ oossessor rests the burden of oroof. I j Art. 528. Possession acquired in good faith does j I no t lose this character except in the case and i j from the moment facts exist which show that the j I possesso r is not unaware that he possesses the i I thing improperly or wrongfully. j I Art. 529. It is presumed that possession I I continues to be enjoyed in the same character in j I which it was acquired, until the contrary is I I proved. | j Art. 530. Only things and rights which are j j susceptible of being appropriated may be the | . object of possess ion.

POSSESSOR IN GOOD FAITH is one who is not aware that there exist flaw in title or mode w/c invalidates it POSSESSOR IN BAD FAITH is one who is aware of defect.

- Art. 531. Possession is acquired by the material j occupation of a thing or the exercise of a right, or I by the fact that it is subject to the action of our j will, or by the proper acts and legal formalities I established fo r acquiring such right. j Art. 532. Possession may be acquired by the I same person who is to enjoy it, by his legal j representative, by his agent, or by any person I without any power whatever: bu t in the last case, I the possession shall no t be considered as I acquired until the person in whose name the act I of possession was executed has ratified the I same, without prejudice to the ju ri di ca l I consequences of negotiorum gestio in a proper - case.

WAYS OF ACQUIRING POSSESSION 1. Material occupation or exercise of a right

a. Tradicion brevi manu - takes place when one already in possession of a thing by a title other than ownership continues to possess the same under a new title, that of ownership

b. Tradicion constitutum possessorium - happens when the owner continues in possession of the property alienated not as owner but in some other capacity.

2. By the subjection of the thing or right to our will a. Tradicion longa manu - effected by

mere consent or agreement of the parties

Page 61 of 297




Ateneo Central Bar Operat ions 2007 b. Tradicion simbolica - effected by

delivering an object (sucli as l<ey) symbolizing the placing of one thing under the control of the vendee

3. By proper acts and legal formalities established for

acquiring such

right of

possession - Art. 533. The possession of hereditary property is - i deemed transmitted to the heir without i j interruption and from the moment of the death of j I the decedent, in case the inheritance is accepted, i I One who validly renounces an inheritance [ - is deemed never to have possessed the same.

POSSESSION THROUGH SUCCESSION 1. possession of hereditary property is deemed

transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same )

2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent.

Effects: time of acquisition a. Heir accepts - from the moment of death

since there is no interruption, (moreover, the possession of the deceased is to be added to the possession of the heir)

b. Heir refuses (or is incapacitated to inherit) - he is deemed never to have possessed the same

- Art. 534. On who succeeds by hereditary title - i shall no t suffer the consequences of the wrongful i I possession of the decedent, i f it is not shown that j I he was aware of the flaws affecting it; bu t the i I effects of possession in good faith shall no t |

j benefit him except from the date of the death of j I the decedent. I

j Art. 535. Minors and incapacitated persons may

j

I acquire the possession of things; but they need | j the assistance of their legal representatives in j I order to exercise the rights which from the y - possession arise in their favor. ,

MINORS/INCAPACITATED • may acquire material possession but not right to possession; may only acquire them through guardian or legal representatives

- Art. 536. In no case may possession be acquired - j through force or intimidation as long as there is a j I possesso r who objects thereto. He who believes |

j that he has an action or a right to deprive another j I of the holding of a thing, must invoke the aid of | j the competent court, i f the holder should refuse j I to deliver the thing. |

j Art. 537. Ac ts merely tolerated, and those j I executed clandestinely and without the i

j knowledge of the possesso r of a thing, or by \ - violence, do no t affect possession. ACQUISITION:

1. cannot be acquired through force or intimidation when a possessor objects thereto - resort to courts

2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession not interrupted

a. acts merely tolerated b. clandestine and unknown acts c. acts of violence

- Art. 538. Possession as a fact cannot be - i recognized at the same time in two different i I personali ties except in the cases of co- |

j possession. Should a question arise regarding j I the fact of possession, the present possesso r |

j shall be preferred; i f there are two possessors, j I the one longer in possession; i f the dates of the |

j possession are the same, the one who presents a j I title; and i f all these conditions are equal, the i j thing shall be placed in judic ia l deposit pending j I determination of its possession or ownership | ! through proper proceedings.

IN CASES OF DISPUTE REGARDING POSSESSION, THE ORDER OF PREFERENCE:

1. Present or actual possessor shall be preferred

2. 2 possessors - longer in possession 3. If dates are the same - possessor with a title 4. If all of the above are equal - the fact of

possession shall be

judicial ly determined.

- Art. 539. Every possesso r has a right to be j respected in his possession; and should he be j I disturbed therein he shall be protected in or I I restored to said possession by the means j I established by the laws and the Rules of Court. I I A possesso r deprived of his possession |

j through forcible entry may within ten days from j I the filing of the complaint present a motion to | ! secure from the competent court, in the action fo r \

Page 62 of 297




Ateneo Central Bar Operat ions 2007 I forcible entry, a writ of prel iminary mandatory \ j injunction to restore him in his possession. The j I court shall decide the motion within thirty (30) | j days from the filing thereof. j I Art. 540. Only the possession acquired and i j enjoyed in the concept of owner can serve as a j I title for acquiring dominion. i I Art. 541. A possessor in the concept of owner has j I in his favor the legal presumpt ion that he I I possesses with a just title and he cannot be j I obliged to show or prove it. I I Art. 542. The possession of real proper ty | j presumes that of the movables therein, so long j

I as it is no t shown or proved that they should be | j excluded. j I Art. 543. Each one of the part ic ipants of a thing | j possessed in common shall be deemed to have j I exclusively possessed the part which may be i j allotted to him upon the division thereof, for the j I entire pe riod during which the co-possession | j lasted. Interruption in the possession of the j I whole or a pa rt of a thing possessed in common I I shall be to the prejudice of all the possessors , j j However, in case of civil interruption, the Rules of I . Court shall apply.

RIGHTS OF POSSESSION: 1. Right to be respected in liis possession; if

disturbed - protected by means estabiislied by law; spoliation

2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription

a. Possession has to be in concept of owner, public, peaceful and uninterrupted

b. Title short of ownership 3. Person in concept of owner has in his favor

the legal presumption of just title (prima facie)

4. Possession of real property presumes that movables are included

5. Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in whole or in part shall be to the prejudice of all � QuickTime™ and a 6. Possessor in ugooa 'faittimtentitled to fruits

are i� jded to see vi is picture. received before possession is legally interrupted ( natural and industrial - gathered or severed; civil - accrue daily )

7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession ); owner has option to require possessor to finish cultivation and gathering of fruits and give net

proceeds as indemnity for his part of expenses; if possessor in good faith refuses - barred from indemnification in other manner

8. Possessor has right to be indemnified for necessary

expenses

whether in good

faith or in bad faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by owner

9. Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses

10. Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner exercises option of paying; possessor in bad faith not entitled.

11. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is not injured - provided owner does not refund the amount expended

12. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession

13. Wild animals possessed while in one's control; domesticated - possessed if they retain habit of returning back home

14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption

-Art. 544. A possessor in good faith is entitled to j the fruits received before the possession is I legally interrupted. j Natural and industrial fruits are I considered received from the time they are j gathered or severed. I Civil fruits are deemed to accrue daily and \belong to the possesso r in good faith in that I proportion. I Art. 545. If at the time the good faith ceases, there t should be any natural or industrial fruits, the f possesso r shall have a right to a pa rt of the j expenses of cultivation, and to a pa rt of the net I harvest, both in propor tion to the time of the j possession.

I The charges shall be divided on the same j basis by the two possessors. I The owner of the thing may, should he so j desire, give the possesso r in good faith the right I to finish the cultivation and gathering of the I growing fruits, as an indemnity fo r his pa rt of the

Page 63 of 297




Ateneo Central Bar Operat ions 2007 I expenses of cultivation and the net proceeds; the \ 'possessor in good faith who fo r any reason\ iwhatever should refuse to accept thisi � concession, shall lose the right to be indemnified � I in any other manner. I \Art. 546.

Necessary expenses

shall be refunded \ I to every possessor; bu t only the possesso r ini 'good faith may retain the thing until he has been j I reimbursed therefor. I I Useful expenses shall be refunded only to j I the possesso r in good faith with the same right of I I retention, the person who has defeated him in the | � possession having the option of refunding the\ I amount of the expenses or of paying the increase |

j/n value which the thing may have acquired by' I reason thereof. I *Art. 547. If the useful improvements can be' I removed without damage to the pr incipal thing, i j the possesso r in good faith may remove them, j I unless the person who recovers the possession |

j exerc /ses the option under paragraph 2 of the\ I preceding article. I \Art. 548. Expenses fo r pure luxury or merej I pleasure shall not be refunded to the possesso r l I in good faith; bu t he may remove the ornaments j I with which he has embellished the pr incipa l thing I I i f it suffers no injury thereby, and i f his successor | j in the possession does not prefer to refund the j I amount expended. I Mrt. 549. The possessor in bad faith shall \ I reimburse the fruits received and those which the | \ legitimate possessor could have received, and\ ishall have a right only to the expenses mentioned i j in paragraph 1 of Article 546 and in Article 443. j I The expenses incurred in improvements fo r pure | j luxury or mere pleasure shall no t be refunded to j I the possesso r in bad faith, bu t he may remove i j the objects fo r which such expenses have been j I incurred, prov ided that the thing suffers no injury l I thereby, and that the lawful possesso r does not j tprefer to retain them by paying the value they* I may have at the time he enters into possession. | j Art. 550. The costs of litigation over the proper ty j I shall be borne by every possessor, (n) | '4rt. 551. Improvements caused by nature or f/mej I shall always insure to the benefit of the person | ' who has succeeded in recovering poss ession.' I (456) I \Art. 552. A possesso r in good faith shall no t be ' I liable fo r the deterioration or loss of the thing i j possessed, except in cases in which it is proved j I that he has acted with fraudulent intent on j negligence, after the ju di cia l summons. j I A possesso r in bad faith shall be liable fo r i {deterioration or loss in every case, even if caused] by a fortuitous event. -

-Art. 553. One who recovers possession shall not- \ be obliged to pay for improvements which have j [ceased to exist at the time he takes possession of j - the thing.

Page 64 of 297

If in Good Faith If in Bad Faith Useful 1. right to The possessor expenses reimbursement of n a a t s

eitlier tine amount not entitled to spent or tine any right ncrease n va ue regarding e - "plus value" - useful at owner's option expenses.A (art. 546) builder or

. right o retent on possessor in until paid bad faith is not

3. right of removal entitled to (provided no indemnity for substantial any useful damage or injury improvement is caused to the on the principal, premises reducing ts because of Art. value)-UNLESS 449 t e w nner (owner or lawful possessor) exerc ses t e option in (1)

Luxurious or In general, no right to In general, no Ornamental refund or retention

right o refund

Expenses but can remove if no or retention but substantial injury is can remove if caused. However, no substantial owner has OPTION injury is to allow: caused. a. possessor to However,

remove owner has b. or retain for OPTION to

himself (the allow: owner) the 1. possessor ornament by to remove refunding the 2. or retain for amount spent himself (the (art. 548) owner) t e

ornament by refunding the value it has at the time owner enters into possession (art. 549)




Ateneo Central Bar Operat ions 2007

LIABILITIES/ DUTIES OF POSSESSOR 1. Return of fruits if in bad faitli - fruits

legitimate possessor could have received 2. Bear cost of litigation 3. Possessor in good faith not liable for loss or

deterioration or loss except when fraud and negligence intervened

4. Possessor in bad faith liable for loss or deterioration even if caused

by fortuitous

event 5. Person who recovers possession not obliged

to pay for improvements which have ceased to exist at the time of occupation

Art. 554. A p r e s e n t p o s s e s s o r who s h ow s h is po s s e s s i o n at s ome p r e v i o u s t ime, is p r e s ume d to have he l d po s s e s s i o n also du r i n g th e i n t e rmed i a t e pe r i od , in th e absence o f p ro o f to th e con t ra ry . Art. 555. A p o s s e s s o r m ay l o se h is po s s e s s i o n :

(1) B y the abandonmen t o f t h e t h i ng ; (2) B y an a s s i g nmen t made to ano the r e i the r b y one r o u s o r g ra t u i t ous t i t le; (3) B y the des t r u c t i on o r to ta l l o s s o f th e

t h ing , o r because i t goes ou t o f c omme r c e ; (4) B y the po s s e s s i o n o f ano the r , s u b j e c t

to the p r o v i s i o n s o f Ar t i c l e 537, i f the n ew po s s e s s i o n has l as ted l o n g e r than one year. B u t th e rea l r i g h t o f po s s e s s i o n i s no t l o s t t i l l a f te r the l apse o f ten years . Art. 556. Th e po s s e s s i o n o f movab l es is no t deemed l o s t so l o n g as t hey rema in unde r th e

\ c o n t r o l o f the possesso r , even t hough f o r the j t ime be i ng he m ay no t k n ow t he i r whereabou ts . I Art. 557. Th e po s s e s s i o n o f immovab l es an d o f jre a/ r i gh t s is no t deemed los t , o r t r ans f e r r ed f o r I pu r p o s e s o f p resc r i p t i on to th e p re j ud i c e o f t h i r d \ pe rsons ,

excep t

in a c c o r d a n c e wi th the I p r o v i s i o n s o f t he Mor t gage L aw and the Land I Reg is t ra t i on l aws . I Art. 558. Ac t s re la t i ng to po s s e s s i o n , execu ted o r I ag reed to b y one who po s s e s s e s a t h i ng I be l ong i ng to ano the r as a me re ho l de r to en j oy o r I keep it , in an y character , do n o t b i n d o r p r e j u d i c e \ t h e owner , un less he gave sa i d ho l d e r exp ress l a u t h o r i t y to do s u c h acts , o r ra t i f ies t hem - subsequen t l y . • General Rule re possession as a fact:

Possession as a fact cannot be recognized

at the same time in two different personalities Excep t i ons : 1. co-possessor - there is no conflict of interest,

both of them acting as co-owners, as in the case of property owned or possessed in common

2. possession of different concepts or different degrees

RULES OF CRITERIA TO BE USED IN CASE OF CONFLICT OR DISPUTE REGARDING POSSESSION

1. present possessor shall be preferred 2. if both are present, the one longer in

possession 3. if both began to possess at the same time,

the one who present (or has) title 4. if both present a title, the Court will

determine. (Meantime, the thing shall be judicially deposited.)

LOSS OF POSSESSION 1. abandonment of the thing - renunciation of

right; intent to lose the thing 2. assignment made to another by onerous or

gratuitous title 3. destruction or total loss of the thing or thing went out of commerce 4. possession of another if new possession

lasted longer that 1 year ( possession as a fact); real right of possession not lost except after 10 years

NOT LOST WHEN: 1. Even for time being he may not know their

whereabouts, possession of movable is not deemed lost

Page 65 of 297

Regarding fruits Gathered or severed

or harvested fruits are his own

gathered fru\ts - must return value of fruits already received

as

well

as value of fruits which the owner or leaitimate

Pending or ungathered fruits - pro-rating between possessor and owner of expenses, net harvest, and charges

pending or ungathered fruits - no rights at all, not even to expenses for cultivation because by accession, all should belong to the owner, without indemnity



Civil Law Summer Reviewer Ateneo Central Bar Operations 2007

2. When agent encumbered property without express authority - except when ratified

3. Possession may still be recovered: a. Unlawfully deprived or lost b. Acquired at public sale in good faith -

with reimbursement c. Provision of law enabling the apparent

owner to dispose as if he is owner d. Sale under order of the court e. Purchases made at merchant stores,

fairs or markets f. Negotiable document of title

POSSESSION EQUIVALENT TO TITLE: 1. possession is in good faith 2. owner has voluntarily parted with the

possession of the thing a. possessor is in concept of an owner

A NOTICE OF LIS PENDENS is proper in the following cases, viz:

1. action to recover possession of real estate 2. action to quiet title thereto 3. action to remove clouds thereon 4. action for partition 5. any other proceedings of any kind in Court

directly affecting the title to the land or the use or occupation thereof of the buildings thereon

- Art, 559. The possession of movable proper ty - I acqu i r ed

in g o o d

fai th is equ i va l en t

to a t i t le. ■ I Never the less , one who has l o s t an y movab l e o f | \ h a s been un l aw fu l l y dep r i v ed t h e r e o f mayj I r e cove r i t f r om the pe rson in po s s e s s i o n o f t he | j same. j

I I f th e p o s s e s s o r o f a movab l e l o s t o f | \ wh i c h t he own e r has been un l aw fu l l y depr i ved , \ I has acqu i r ed i t in g o o d fa i th at a pub l i c sale, th e i \ owne r c a nno t ob ta in it s re tu rn w i t h o u t \ I r e imbu r s i n g th e p r i c e pa i d therefor . (464a) | j Art. 560. Wild an ima l s ar e po s s e s s e d on l y wh i l e j I t hey ar e unde r one 's con t r o l ; domes t i c a t ed on j t amed an ima l s ar e cons i de red domes t i c o r t ame j I i f t hey re ta in the hab i t o f r e t u rn i ng to t h e l \ p r em i s e s o f t h e possesso r . (465) j I Art. 561. One who r e cove r s , acco rd i ng to l aw , i I po s s e s s i o n un j us t l y los t , sha l l be deemed f o r al l | \ p u r p o s e s wh i c h m ay r e d o u n d to h is bene f i t , t o [ - have en j oyed i t w i t h o u t i n t e r r up t i on . SUMMARY OF RECOVERY OR NON-RECOVERY

AN

MA

W

ani

ls -oss

sor

the

e w ha

ont

ovthe

Do

est

ted

d taed ma

- thpos

ssodo no

se sse

on lons htuaheyre

n to the possessor's premises - for ownership, the owner must claim them within 20 days from their occupation by another person

Title VI - USUFRUCT -Art. 562. Usu f ru c t g i ves a r i g h t to en j o y t h e - \ p r o p e r t y o f ano t h e r wi th the ob l iga t ion o f i \ p r e s e r v i n g it s f o rm and subs t ance , un less th e\ I t i t le cons t i t u t i ng i t o r the l aw o the rw i se p rov i des . i \ (467) I I Art. 563. Usu f ru c t is cons t i t u t ed b y law, b y th el \w i l l o f p r i v a t e pe r s o n s exp ressed in acts i n t e r \ \ v i v o s o r in a l as t wi l l an d t es tament , an d b y \ . p r e s c r i p t i on . ,

Page 66 of 297 Owner may 1. from possessor in recover without bad faith

reimbursement 2. from possessor in good faith (if owner had lost the property or been unlawfully deprived of it) the acquisition being from a private person [art. 559]

Owner may recover but should REIMBURSE

if possessor acquired the object in good faith at a public sale or auction

Owner cannot recover, even if he offers to reimburse (whether or not the owner had lost or been unlawfully deprived)

1. if possessor had acquired it in good faith by purchase from a merchant's store, or in fairs, or markets in accordance with the Code of Commerce and special laws

2. if owner is by his conduct precluded from denying the seller's authority to sell

3. if possessor had obtained the goods because he was an innocent purchaser for value and holder of a negotiable document of title to the goods



x en overs a ru ts

Civil Law Summer Reviewer Ateneo Central Bar Operat ions 2007 Art. 564. Usu f r u c t may be cons t i t u t ed on t h e who l e o r a pa r t o f the f ru i t s o f th e t h ing , in f a vo r o f one mo re pe rsons , s imu l t a n e ou s l y o r success i v e l y , an d in eve ry case f r om o r to a certa in day, pu r e l y o r cond i t i ona l l y . It m ay also be cons t i t u t ed on a r i gh t , p r o v i d e d i t is no t s t r i c t l y pe r s o na l o r i n t ransmiss ib le . Art. 565. Th e r i gh ts an d ob l i ga t i ons o f the usu f r u c t ua r y sha l l be t hose p r o v i d e d in t he t i t le cons t i t u t i ng th e usu f r u c t ; in de fau l t o f s u c h tit le, o r in case i t is de f i c ien t , th e p r o v i s i o n s con ta i ned . in the tw o f o l l ow i ng Chap te rs sha l l be observed . . USUFRUCT is the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides CHARACTERISTICS OR ELEMENTS 1. Essential - those without which it cannot be

termed usufruct a. It is a real right (whether registered in

the Registry of Property or not) b. It is of a temporary nature or duration c. Its purpose is to enjoy the benefits

and derive all advantages from the object as a consequence of normal use or exploitation

2. Natural - that which ordinarily is present, but a contrary stipulation can eliminate it because

it is not

essential

a. The obligation of conserving or

preserving the form and substance (value) of the thing

3. Acciden tal - those which may be present or absent depending upon the stipulation of the parties

a. Whether it be a pure or a conditional usufruct

b. The number of years it will exist c. Whether it is in favor of one person

or several, etc

Nature

Creator

Origin

Cause

and uses as a rule Is always a real right

Can be created only by the owner, or by a duly authorized agent, acting in behalf of the owner May be created by law, contract, last will, or prescription

The owner is more or less

Usufruct Easement Object May be real or Involves only real

personal property property

Extent What can be Easements is enjoyed here limited to a are all uses and particular use fruits of the property

Coverage Cannot be constituted on an easement; but it may be constituted on the land burdened by an easement

Maybe constituted in favor or, or burdening, a piece of land held in usufruct

Effect of death Usually

extinguished by death of usufructuary

Not extinguished by the death of the owner of the dominant estate

DISTINGUISHED FROM LEASE: Usufruct Lease



Generally covers

only a particular or specific use Is a real right only if, as in the case of a lease over real property, the lease is registered, or is for more than 1 year,

otherwise,

it is only a personal right_ The lessor may or may not be the owner as when there is a sub¬ lease or when the lessor is only a usufructuary_ May be created as a rule only by contract; and by wa y of exception by law (as in the case of an implied new lease, or when a builder has built in good faith on the land of another a building, when the land is considerably worth more in value than the building_ The owner or lessor is more or

Page 67 of 297




Ateneo Central Bar Operat ions 2007 KIN

DS: 1

. As to Origin a

. legal - created by law such as u

sufr

uct of parents over the p

rope

rties of their child

ren b

. voluntary or conventional i. created by will of the parties inter vivos ii. created mortis causa

c. mixed - partly created by law and partly by will

d. prescriptive - is one acquired by a third person through continuous use of the usufruct for the period required by law

2. As to quantity or extent a. As to fruits

i. Total ii. partial

b. As to extent i. Universal - if over the entire

patrimony ii. Particular/Singular - if only

individual things are included 3. As to the number of persons enjoying the

right a. Simple - if only one usufructuary

QuickTime™ ntid a ©n decompressor

� �are needed Ip see this picture� b. Multipte - if several usufructuaries

enjoy i. Simultaneous - at the same

time ii. Successive - one after the

other BUT, in this case, if the usufruct is created by donation, all the donees

must be alive, or at least already conceived, at the time of the perfection of the donation.

4. As to the quality or kind of objects involved a. Usufruct over rights - rights must not

be personal

or intransmissible in character so present or future support cannot be an object of usufruct

b. Usufruct over things i. Normal (or perfect or regular) - this involves non- consumable things where the form and substance are preserved

ii. Abnormal (or imperfect or irregular) - involves consumable things

5. As to terms or conditions a. Pure - no term or condition' b. With a term or period

i. Ex d/e - from a certain day ii. In diem - up to a certain day ill. Ex die in diem - from a

certain day up to a certain day

c. With a condition i. Suspensive ii. Resolutory

-Art. 566. The usufructuary shall be entitled to all - \the natural, industrial and civil fruits of the\ \ proper ty in usufruct. With respect to hidden \ I treasure which may be found on the land of | j tenement, he shall be considered a stranger. j

I Art. 567. Natural or industrial fruits growing at the | j time the usufruct begins, belong to the j

I usufructuary. | j Those growing at the time the usufruct\

I terminates, belong to the owner. | j/n the preceding cases, the usufructuary, at the\ I beginning of the usufruct, has no obligation to I \refund to the owner any expenses incurred; but\ I the owner shall be obliged to reimburse at thel I termination of the usufruct, from the proceeds of j tthe growing fruits, the ordinary expenses of t I cultivation, fo r seed, and other similar expenses | j incurred by the usufructuary. j

I The prov is ions of this article shall noti \prejudice the rights of third persons, acquired\ I either at the beginning or at the termination of the | j usufruct. j

I Art. 568. If the usufructuary has leased the lands | jof tenements given in usufruct, and the usufruct\ I should expire before the termination of the lease, | I he or his heirs and successors shall receive only \

Page 68 of 297

passive, and he less active, and allows the he makes the usufructuary to enjoy the thing given in usufruct

lessee enjoy

Repairs The usufructuary has the duty to

make the The lessee

generally has no duty to pay for

ordinary repairs repairs Taxes The usufructuary The lessee

pays for the annual charges and taxes on the

generally pays no taxes

fruits As to other A usufructuary The lessee things may ease t e cannot constitute

property itself to a usufruct on the another property leased




Ateneo Central Bar Operat ions 2007 I the proportionate share of the rent that must be \ \paid by the lessee. (473) j I Art. 569. Civil fruits are deemed to accrue daily, i 'and belong to the usufructuary in propor tion toj I the time the usufruct may last. (474) i

jArt . 570. Whenever a usufruct is constituted on! I the right to receive a rent or pe riodical pension, i I whether in money or in fruits, or in the interest on j I bonds or securities payable to bearer, eachl I payment due shall be considered as the proceeds j I or fruits of such right. I I Whenever it consists in the enjoyment of | \benefits accruing from a part ic ipat ion in anyj I industrial or commercial enterprise, the date of|

jf rte distribution of which is no t fixed, such\ I benefits shall have the same character. |

j In either case they shall be distributed as j I civil fruits, and shall be applied in the manner i

j prescr ibed in the preceding article. j I Art. 571. The usufructuary shall have the right toi \enjoy any increase which the thing in usufruct\ I may acquire through accession, the servitudes l \established in its favor, and, in general, all the\ I benefits inherent therein. I I Art. 572. The usufructuary may personal ly enjoy \ ithe thing in usufruct, lease it to another, or I I alienate his right of usufruct, even by a gratuitous | \title; bu t all the contracts he may enter into asj isuch usufructuary shall terminate upon thei

j expiration of the usufruct, saving leases of rural j i lands, which shall be considered as subsisting i during the agricultural year. USUFRUCTUARY RIGHTS OF USUFRUCTUARY: JUS FRUENDI

AND JUST UTENDI 1. Right to civil, natural & industrial fruits of

property a. Civil Fruits accrue daily

i. Belong to the usufructuary in proportion in proportion to the time the usufruct may last

ii. Both stock dividends and cash dividends are considered civil fruits

b. Industrial and Natural Fruits i. fruits pendrng aH-he beginning of the � ire neec ' J M see this picture. � �

usufruct • belong to the usufructuary • no necessity of refunding the owner

for expenses incurred, (for the owner gave the usufruct evidently without any thought of being reimbursed for the pending fruits, or because the value of said fruits must have already been taken into consideration in fixing

the terms and conditions of the usufruct, if for instance, the usufruct came about because of contract)

• BUT without prejudice to the right of 3'�'� persons, (thus, if the fruits had been

planted

by a

possessor in

good

faith, the pending crop expenses and charges shall be pro-rated between said possessor and the usufructuary)

ii. fruits pending at the termination of usufruct

• belong to the owner • BUT the owner must reimburse the

usufructuary for ordinary cultivation expenses and for seeds and similar expenses, from the proceeds of the fruits. (Hence, the excess of expenses over the proceeds need not be reimbursed

2. Right to hidden treasure as stranger 3. Right to transfer usufructuary rights -

gratuitous or onerous; but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct; but can't do acts of ownership such as alienation or conveyance except when property is: a. consumable b. intended for sale c. appraised when delivered; if not

appraised & consumable - return same quality (mutuum)

4. Right not exempt from execution and can be sold at public auction by owner 5. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of ownership -bring action to preserve

6. Right to necessary expenses from cultivation at end of usufruct

7. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein

8. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew

9. Right of usufructuary of woodland - ordinary cutting as owner does habitually or custom of place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct - must notify owner first

10. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear & remove them - if caused by calamity or extraordinary event - impossible to replace them

11. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right

Page 69 of 297




Ateneo Central Bar Operat ions 2007 12. Right to introduce useful & luxurious

expenses but with no obligation of reimbursement on part of owner; may remove improvement if can be done w/o damage

13. Right

to set-off improvements

against

damages he made against the property

14. Right to administer when property is co- owned; if co-ownership cease - usufruct of part allotted to co-owner belongs to usufructuary - not affected

15. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary fo r preservation of thing

-Art. 573. Whenever the usufruct includes things - \which, without being consumed, gradually \ I deteriorate

through wear and

tear, the

|

� usufructuary shall have the right to make use' I thereof in accordance with the purpose fo r which | \they are intended, and shall no t be obliged to ' I return them at the termination of the usufruct i \except in their condition at that time; bu t he shall\ I be obliged to indemnify the owner fo r anyi

j deterioration they may have suffered by reason of\ I his fraud or negligence. I I Art. 574. Whenever the usufruct includes things\ I which cannot be used without being consumed, I I the usufructuary shall have the right to make use j 'of them under the obligation of paying theiri I appraised value at the termination of the | I usufruct, i f they were appraised when delivered, j I In case they were not appraised, he shall have the | \right to return at the same quantity and quality, or ' I pay their current price at the time the usufruct i 'ceases. (482) j I Art. 575. The usufructuary of fruit-bearing trees |

j and shrubs may make use of the dead trunks, j land even of those cut of f or uprooted byi \ accident, under the obligation to replace them\ I with new plants. (483a) I

jArt . 576. If in consequence of a calamity or j I extraordinary event, the trees or shrubs shall l \have disappeared in such considerable number\ I that it would no t be possib le or it would be too ■ iburdensome to replace them, the usufructuaryf I may leave the dead, fallen or uprooted trunks at ' I the disposal of the owner, and demand that the | ' latter remove them and clear the land. (484a) ' I Art. 577. The usufructuary of woodland may enjoy i ' all the benefits which it may produce according' I to its nature. I

j If the woodland is a copse or consists of \ I timber fo r building, the usufructuary may do such | I ordinary cutting or felling as the owner was in the \

I habit of doing, and in default of this, he may do | ' so in accordance with the custom of the place, as' I to the manner, amount and season. |

j In any case the felling or cutting of trees j I shall be made in such manner as no t to prejudice i

j the preservation of the land.

j I In nurseries, the usufructuary may make thei I necessary thinnings in order that the remaining\ I trees may proper ly grow. I I With the exception of the prov is ions of\ i the preceding paragraphs, the usufructuary i I cannot cu t down trees unless it be to restore or | I improve some of the things in usufruct, and in j isuch case shall first inform the owner of thei - necessity fo r the work. OBLIGATIONS OF USUFRUCTUARY:

1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits should reimburse expenses incurred

2. Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to return in that state; except when there is fraud or negligence, then he shall be liable

3. Before entering into usufructuary: a. Notice of inventory of property (appraisal

of movables & description) b. Posting of security

i. not applicable to parents who are usufructuary of children except when 2"� marriage contracted

ii. excused - allowed by owner, not required by law or no one will be injured • failure to give security: owner may

demand that: a. immovables be placed under

administration b. Nl can be converted into

registered certificates or deposited in bank

c. Capital & proceeds of sale of movables be invested in safe securities d. Interest on proceeds or property under admin belong to usufructuary

e. Owner ma y retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives sufficient security

f. Effect of security is retroactive to day he is entitled to fruits

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Ateneo Central Bar Operat ions 2007 4. Take care of property as a good father of

family 5. Liable for negligence & fault of person who

substitute him 6. If usufruct is constituted on animals - duty

bound to replace

dead animals that die from natural causes or became prey; if all of them perish w/o fault but due to contagious disease / uncommon event - deliver remains saved; if perish in part due to accident - continue on remaining portion; if on sterile animals - as if fungible - replace same kind & quality

7. Obliged to make ordinary repairs - wear & tear due to natural use of thing and are indispensable for preservation; owner ma y make them at expense of usufructuary - during existence of usufruct

8. Obliged to make expenses due to his fault; cannot escape by renouncing usufruct

9. Pay legal interest from extraordinary expenses made by owner

10. Payment of expenses, charges & taxes affecting fruits

11. Payment of interest on amount paid by owner charges on capital

12. Obliged to notify owner of act of person prejudicial to rights of ownership - he is liable if he does not do so for damages - as if it was caused through his own fault

13. Expenses, cost & liabilities in suits brought with regard to usufructuary - borne by usufructuary

NAKED OWNER RIGHTS OF NAKED OWNER

1. Al ienate thing 2. Can't alter form or substance 3. Can't do anything prejudicial to usufructuary 4. Construct any works and make any

improvement provided it does not diminish value or usufruct or prejudice right of usufructuary

OBLIGATIONS OF OWNER 1. extraordinary expenses; usufructuary obliged to inform ownernWtitfela' � there is the

need to make theM 2. expenses after renunciation of usufruct 3. taxes & expenses imposed directly on capital 4. if property is mortgaged, usufructuary has no

obligation to pay mortgage; if attached, owner to be liable for whatever is lost by usufructuary

5. if property is expropriated for public use - owner obliged to either replace it or pay legal

interest to usufructuary of net proceeds of the same

EXTINGUISHMENT OF USUFRUCT 1. death of usufructuary - unless contrary

intention appears

2. expiration of period of usufruct 3. merger of usufruct & ownership 4. renunciation of usufructuary - express 5. total loss of thing 6. termination of right of person constituting

usufruct 7. prescription - use by 3'�'' person

• loss in part - remaining part shall continue to be held in usufruct

• usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years

• usufruct constituted on immovable whereby a building is erected - & building is destroyed - right to make use of land & materials

• if owner wishes to construct a new building - pay usufructuary the value of interest of land & materials

• both share in insurance if both pays premium; if only owner - then proceeds will go to owner only

• effect if bad use of the thing - owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary

• at termination of usufruct: • thing to be delivered to owner with right of

retention fo r taxes & extraordinary expenses w/c should be reimbursed

• security of mortgage shall be cancelled BOOK III. DIFFERENT MODES OF ACQUIRING

OWNERSHIP MODES OF ACQUIRING OWNERSHIP:iOLDTIPS)

1. Occupation 2. Law 3. Donation 4. Tradition 5. intellectual Property 6. Prescription 7. Succession

MODES OF EXTINGUISING OWNERSHIP: 1. Abs olute - all persons are affected

a. Physical loss or destruction b. Legal loss or destruction (when it

goes out of the commerce of man) Page 71 of 297




Ateneo Central Bar Operat ions 2007 2. Relative - only for certain persons for others

ma acquire their ownership a. Law b. Succession c. Tradition as a consequence of

certain contracts d. Donation e. Abandonment f. Destruction of the prior title or right

(like expropriation, rescission, annulment, fulfillment of a resolutory condition)

g. Prescription OCCUPATION is the acquisition of ownership by seizing corporeal things that have no owner, made with the intention of acquiring them, and accomplished according to legal rules REQUISITES:

1. There must be a seizure or apprehension (the material holding is not required as long as there is right of disposition)

2. The property seized must be corporeal personal property

3. The property seized must be susceptible of appropriation (either abandoned property - res derelicata, or unowned property - res nullius)

4. There must be the intent to appropriate 5. the requisites or conditions of the law must

be complied with WHAT A RE THE THINGS SUSCEPT IBLE TO OCCUPATION? • things that are w/o owner - res nullius]

abandoned • stolen property cannot be subject of occupation • animals that are the object of hunting & fishing

KINDS OF ANIMALS: a. wild - considered res nullius when not yet

captured; when captured & escaped - become res nullius again

b. domesticated animals - originally wild but have been captured & tamed; now belong to their capturer; has hab�tgOf returning to premises of'';Q�Mfto;fit'Pomes res nullius if they lose that habit of returning & regain their original state of freedom

c. domestic/tame animals - born & ordinarily raised under the care of people; become res nullius when abandoned by owner

• hidden treasure (only when found on things not belonging to anyone)

• abandoned movables

ANIMALS: 1. Swarm of bees

owner shall have right to pursue them to another's land (owner to identify

latter for damages,

if any)

land owner shall occupy/retain the

bees if after 2 days, owner did not pursue the bees

2. Domesticated animals may be redeemed within 20 days from occupation of another person; if no redemption made, they shall pertain to the one who caught them

3. Pigeons & fish when they go to another breeding place, they shall be owned by the new owner provided they are not enticed

MOVABLES: 1. Treasure found on another's property 2. Movable found w/c is not treasure:

a. must be returned to owner b. if finder retains the thing found - may be

charged with theft c. if owner is unknown, give to mayor;

mayor shall announce finding of the movable for 2 weeks in way he deems best

d. of owner does not appear 6 months after publication, thing found shall be awarded to finder e. if owner appears, he is obliged to pay 1/10 of value of property to finder as price

f. if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication

WHAT CANNOT BE ACQU IRED B Y OCCUPATION? Ownership of a piece of land

• because when a land is without an owner, it pertains to the state • land that does not belong to anyone is presumed to be public land

• but when a property is private and it is abandoned - can be object of occupation

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Ateneo Central Bar Operat ions 2007 PRESCRIPTION is a mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run KINDS:

1. Acquis it ive General Requisites: a. Capacity to acquire by prescription b. Thing capable of acquisition by

prescription c. Possession of thing under certain

conditions d. Lapse of time provided by law

2. Extinctive WHO MAY ACQU IRE B Y PRESCRIPTION:

1. person

who are capable

of acquiring

property

by other legal modes

2. STATE 3. minors - through guardians of personally

AGAINST WHOM PRESCRIPTION RUN: 1. minors & incapacitated person who have

guardians 2. absentees who have administrators 3. persons living abroad who have

administrators 4. jur idical persons except the state with

regards to property not patrimonial in character

5. between husbands & wife 6. between parents & children (during

minority/insanity) 7. between guardian & ward (during

guardianship) 8. between co-heirs/co-owners 9. between owner of property & person in

possession of property in concept of holder THINGS SUBJECT TO PRESCRIPTION: all things within the commerce of men

1. private property 2. patrimonial property of the state

QuickTime™ n THINGS NO T SUBJEGT°T<>#RESeRIPTION: •' ; neededio se e tnis pi;.tL,rv;.

1. public domain 2. in transmissible rights 3. movables possessed through a crime 4. registered land

RENUNCIATION OF PRESCRIPTION: • persons with capacity to alienate may

renounce prescription already obtained but not the right to prescribe in the future

• may be express or tacit • prescription is deemed to have been tacitly

renounced; renunciation results from the acts w/c imply abandonment of right acquired

• creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS KINDS OF ACQUISITIVE PRESCRIPTION

1. ordinary 2. extra-ordinary

REQUISITES FO R ORDINARY PRESCRIPTION: 1. possession in good faith 2. just title 3. within time fixed by law

a. 4 years for movables b. 8 years fo r immovables

4. in concept of an owner 5. public, peaceful, uninterrupted

REQUISITES FO R EXTRA-ORDINARY PRESCRIPTION:

1. just title is proved 2. within time fixed by law

a. 10 years for movables b. 30 years for immovables

3. in concept of an owner 4. public, peaceful, uninterrupted

GOOD FAITH • Reasonable belief that person who transferred thing is the owner & could validly transmit ownership

• Must exist throughout the entire period required for prescription

JUST TITLE (TRUE & VALID) - must be proved & never presumed

• Titulo Colorado - • Titulo putativo - • title must be one which would have been

sufficient to transfer ownership if grantor had been the owner • through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership

IN CONCEPT OF OWNER • possession not by mere tolerance of owner

but adverse to that of the owner • claim that he owns the property

Page 73 of 297



Civil Law Summer Reviewer_

Ateneo Central Bar Operat ions 2007 PUBLIC, PEACEFUL & UNINTERRUPTED

• Must be known to the owner of the thing • Acquired & maintained w/o violence • Uninterrupted (no act of deprivation by

others) in the enjoyment of property INTERRUPTION

1. Natural a. through any cause, possession ceases

for more than 1 year b. if 1 year of less - as if no interruption

2. Civil a. produced by judicial summons; except: b. void for lack of legal solemnities c. plaintiff desist from complaint/allow

proceedings to lapse d. possessor is absolved from complaint

• express or tacit renunciation •

possession in wartime

RULES IN COMPUTATION OF PERIOD: 1. Present possessor may tack his possession

to that of his grantor or predecessor in interest

2. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved

3. First day excluded, last day included TACKING PERIOD

1. there must be privity between previous & present possessor

2. possible when there is succession of rights 3. if character of possession different:

predecessor in bad faith possessor in good faith - use extraordinary prescription

PRESCRIPTION OF ACTIONS • BY LAPSE OF TIME FIXED BY LAW

1. 30 years - action over immovables from time possession is lost

2. 10 years - mortgage action, upon written contract, upon obligation created by law, upon a judgement

3. 8 years - action .fg�/�poyer movables from ti me possess!�;® 4. 6 years - upon an oral contract, upon a

quasi-contract 5. 5 years - actions where periods are not fixed

by law 6. 4 years - upon injury to rights of plaintiff,

upon a quasi-delict 7. 1 year - for forcible entry & detainer, for

defamation

• RIGHTS NOT EXTINGUISHED BY PRESCRIPTION: 1. demand right of way 2. abate public/private nuisance 3. declare contract void 4. recover

property subject

to expressed

trust 5. probate of a will 6. quiet title

DONATION CHARACTERISTICS:

a. Unilateral - obligation imposed on the donor

b. Consensual - perfected at time donor knows of acceptance

REQUISITES:: 1. The donor must have capacity to make the

donation of a thing or right 2. He must have the donative intent (animus

donandi) or intent to make the donation out of liberality to benefit the donee

3. Delivery, whether actual or constructive of the thing or right donated

4. donee must accept or consent to donation Qu i i a d a v CA 299 SCRA 695 (1998)

The donation is per fected once the acceptance of the donation was made known to the donor Accordingly, ownership will only revert to the donor if the resolutory condition is not fulfilled. REQUIREMENTS OF A DONATION:

1. subject matter - anything of value; present property & not future, must not impair legitime

2. causa - anything to support a consideration: generosity, charity, goodwill, past service, debt

3. capacity to donate & dispose & accept donation

4. form - depends on value of donation KINDS: AS TO EFFETIVITY 1. Inter vivos - takes effect during the lifetime

of the donor 2. Mortis Causa - takes effect upon the death

of the donor 3. Propter Nuptias - made by reason of

marriage and before its celebration, in consideration of the same and in favour of one or both of the future spouses.

Page 74 of 297




Ateneo Central Bar Operat ions 2007 a. acceptance must be made personally or thru

agent b.

• 5,000 & below - may be oral or written, if oral simultaneous delivery of thing/document & acceptance need not be in writing above 5,000 accepted also in writing

• instrument & acceptance must also be in a public instrument instrument); otherwise it is void c.

and donee In case of doubt with regards to nature of donation: inter vivos BADGES OF MORTIS CAUSA:

1. ownership) & conveyed only upon death

2. 3.

CLASSIFICATION OF DONATION INTER VIVOS 1. From the viewpoint of MOTIVE, PURPOSE,

OR CAUSE KINDS: AS TO CONSIDERATION

1. Simple - the cause of which is the pure liberality of the donor in consideration of the donee's merits

2. remuneratory or compensatory - that which is given out of gratitude on account of the services rendered by the donee to the donor, provided they do not constitute a demandable debt.

3. modal - which imposes upon the donee a burden less than the value of the gift

4. onerous - the value of which is considered the equivalent of the consideration for which it is given and is thus governed by the rules of obligations and contracts

QuickTime"" and a KINDS: AS f FFECTIVITY OR EXTINGUISHMENT

1. Pure - not subject to any condition (uncertain event) or period

2. Conditional - subject to suspensive or resolutory condition

3. With a Term - subject to a period, suspensive or resolutory

ACCEPTANCE Page 75 of 297

Donation Inter Vivos Donation Mortis Causa

Disposition and acceptance to take effect during lifetime of donor and donee

Disposition happens upon the death of donor

Already pertains to the donee unless there is a contrary intent

Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits

Formalities required - follow law on donations and certain kinds of donations & law on obligations and contracts

(suppletory)

Formalities required - follow law on succession to be valid, and donation must be in the form of a will

Irrevocable at the instance of the donor; may be revoked only by reasons provided by law

Revocable ad mutuum (exclusive will of donor)

Revoked only for reasons provided for by law (except onerous donations)

Pure/ Simple

Remunerato ry

on t ona nerous a. Consideratio n Merits of donee

Liberality or merits of donee or burden/ charge of past services provided they do not constitute demandab le debt

Valuable considerati on is imposed but value is less than value of thing donated

Valuable considerat ion given

b. law to apply/ forms Law on donations

Law on donations Extent of

burden Law on obligations imposed> oblicon excess> donation

c. form of acceptance Required

Required Required Required d. reservation




Ateneo Central Bar Operat ions 2007 2. From the viewpoint of the TAKING EFFECT

• Inter vivos - takes effect before the death •

in praesenti - to be delivered in futuro (also c

onsi

dere

d int

er vi

vos) • mortis causa

3. From the viewpoint of OCCASION • ordinary donation • donation proper nuptias

4. from the viewpoint of OBJECT DONATED • corporeal property a. donation of real property b. donation of personal property

• incorporeal property - donation of inalienable rights

WHO MAY GIVE DONAT IONS • All persons who may contract and dispose of

their property WHO MA Y A CCEP T DONA TIONS

1. natural & juridical persons w/c are not especially disqualified by law 2. minors & other incapacitated a. by themselves

i. if pure & simple donation ii. if it does not require written acceptance

b. by guardian, legal representatives if needs written acceptance

i. natural guardian - not more than nnn. QuickTime™ and a

OUjUULtp (Uncompressed) decompressor ii. court appointed�-' ttidfe than 50,000

3. conceived & unborn child, represented by person who would have been guardian if already born

WHO A RE DISQUALIF IED TO DONATE: 1. guardians & trustees with respect to property

entrusted to them 2. husband & wife

3. between paramours/persons guilty of adultery

4. between parties guilty of same criminal offense

5. Made to public officers, wife, descendant, ascendant

OTHER PERSONS DISQUALIF IED TO RECEIVE DONAT IONS

1. priest who heard confession of donor during his last illness

2. relatives of priest within 4'� degree, church, order, community where priest belongs

3. physician, nurse, etc. who took care of donor during his last illness

4. individuals, corporations, associations not permitted

WHA T MAY BE GIVEN: • All or part of donor's present property provided

he reserves sufficient means for the support of the ff:

a. himself b. relatives who by law are entitled to his

support c. legitimes shall not be impaired

• when w/o reservation or if inofficious, may be reduced on petition of persons affected

• EXCEPT: conditional donation & donation mortis causa

• EXCEPT: future property DOUBLE DONATIONS: Rule: Priority in time, priority in right

1. If movable - one who first take possession in good faith

2. If immovable - one who recorded in registry of property in good faith • no inscription, one who first took

possession in good faith • in absence thereof, one who can present

oldest title REVOCATION OF DONATIONS

• applies only to donation inter vivos • not applicable to onerous donations

DONATIONS MADE BY PERSON WITHOUT CHILDREN OR DESCENDANTS AT TIME OF DONATION:

1. If donor should have legitimate, legitimated or illegitimate children

2. If child came out to be alive & not dead contrary to belief of donor

3. If donor subsequently adopts a minor child Page 76 of 297

w/regards to personal support & legitime

Applicable Applicable App licable Not Applicable

e. warranty

against eviction & hidden defects In bad faith only

In bad faith only In bad faith

only Applies f. revocation

Applicable Applicable App licable Applicable





: ega purposes acqu s t ve


3. If inter vivos, wlietlier perfected or not (made l<nown to tine donor). If no perfection, donation is void.

4. If perfected, cliecl< for tine capacity of tine donor to give and tine donee to receive. If no capacity,

donation is void 5. Compliance with Art 748 (movable) and 749

(immovable) of NCC. Non-compliance, donation is void Title VII - EASEMENTS OR

SERVITU PES EASEMENT is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. Kinds:

1. According to purpose of easement or the nature of limitation a. Positive - one which imposes upon the

servient estate the obligation of allowing something to be done or of doing it himself

b. Negative - that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist

2. According to party given the benefit a. real (or predial) - for the benefit of

another belonging to a different owner (e.g. easement of water where lower estates are obliged to allow water naturally descending from upper estates to flow into them)

b. personal - for the benefit of one or more persons or community (e.g. easement of right of way for passage of livestock)

3. According to the manner they are exercised a. continuous - their use is incessant or

may be incessant �.uick' im e ' ar ;: a '

prescriptipn;�|h��a§em|ent of aqueduct is considered continuous; easement of light and view is also continuous

b. discontinuous - used at intervals and depend upon the acts of man Ex. right of way because it can only be used if a man passes

3. According to whether or not their existence is indicated

a. apparent - make known and continually kept in view by external signs that reveal the use and enjoyment of the same Ex. right of way when there is an alley or a permanent path

b. non-apparent

- they

show no external indication of their existence Ex. easement of not building to more than certain height

Amor V Fl o re n t i n o 74 Phil 404 (1951) Doctrine of Apparent Sign. Easements are

inseparable from the estate to which they actively or passively pertain. The existence of the apparent sign under Art. 624 is equivalent to a title. It is as if there is an implied contract between the two new owners that the easement should be constituted, since no one objected to the continued existence of the windows.

4. According to right given a. right to partially use the servient estate

Ex. right of way b. right to get specific materials or objects

from the servient estate c. right to participate in ownership

Ex.. easement of party wall d. right to impede or prevent the

neighboring estate from performing a specific act of ownership

5. According to source or origin and establishment of easement a. voluntary - constituted by will or

agreement of the parties or by a testator b. mixed - created partly by agreement and

partly by law c. legal - constituted by law for public use

or for private interest HOW ESTABLISHED:

1. by law (Legal) 2. by the will of the owners (Voluntary) 3. through prescription (only for continuous and

apparent easements) ; La Vi s t a A s s o c i at io n , In c . v. CA 278 SCRA 498 : i (1997)

HELD: NO JUDICIAL EASEMENTS. Resultantly, when the court says that an easement exists, it is not creating one. For, even an injunction cannot be used to

i create one as there is no such thing as a judicial i easement. The court merely declares the existence of an easement created by the parties. It must be emphasized, however, that we are not constituting an

Page 78 of 297



a n ngre n . an sp nav ga e

Civil Law Summer Reviewer Ateneo Central Bar Operat ions 2007 easement along Mangyan Road, but merely declaring the existence of one created by the manifest will of the parties herein in recognition of autonomy of contracts. ESSENTIAL

QUALITIES

OF

EASEMENTS:

1. incorporeal 2. imposed upon corporeal property 3. confer no right to a participation in the profits

arising from it 4. imposed for the benefit of corporeal 5. has 2 distinct tenements - dominant and

servient estate 6. cause must be perpetual

LEGAL EASEMENTS are those imposed by law having for their object either public use of the interest If private persons. They shall be governed by the special

laws and regulations

relating

thereto,

and in the absence thereof, by the Civil Code. KINDS: (WRPL DIAL)

1. Easement Relating to Waters 2. Easement of Right of Way 3. Easement of Party Wall 4. Easement of Light and View 5. Drainage of Building 6. intermediate Distances and Works for

Certain Constructions and Plantings 7. Easement Against Nuisance 8. Lateral and Subjacent Support

EASEMENT RELATING TO WATERS • lower estates are obliged to receive the waters

which naturally and without the intervention of man descend from the higher estates, as well as stones or earth which they carry with them

• cannot construct works which will impede the easement; neither can the owner of the higher estate make works which will increase the burden

• banks of rivers and streams, although of private ownership, are subject throughout their entire length and within a zone of 3 meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage QuickTime™ and a . ... fIFF fU,ti- omprv5sedi .lecompressor .,,, floatable rivers are, subject to the easement of towpath, for the exclusive service of river navigation and floatage

• compulsory easements for drawing of water and for watering animals can be imposed for reasons of public use in favor of a town or village, after payment of the proper indemnity

• Use of any water by anyone can be disposed by having the water flow through the intervening estates but is obliged to do the following: 1. prove that he can dispose of the water that is

sufficient for the use for which it is intended 2. show that the

proposed

right of

way is the

most convenient and least onerous to 3'�'' persons

3. indemnify the owner • Easement of aqueduct is continuous and

apparent even though the flow of water may not be continuous

EASEMENT OF RIGHT OF WAY • Right granted to a person or class of persons to

pass over the land of another by using a particular pathway therein, to reach the former's estates, which have no adequate outlet to a public highway subject, however to payment of indemnity to the owner of the land burdened by the right

• REQUISITES: 1. the dominant estate must be surrounded by

other immovables, and which has no adequate outlet to a public highway

2. Payment of proper indemnity 3. Isolation should not be due to the proprietor's

own acts 4. Right of way claimed is at a point least

prejudicial to the servient estate, and insofar as consistent with this rule, the distance of the dominant estate to a public highway may be the shortest. • not compulsory if the isolation of the immovable is due to the proprietor's own acts

• Right of Way is granted without indemnity if land was acquired by and is surrounded by the other estates of the vendor, exchanger or co-owner through: a. Sale b. Exchange c. partition

• EXTINGUISHMENT: Legal or compulsory right of way 1. when the dominant estate is joined to

another estate (such as when the dominant owner bought an adjacent estate) which is abutting a public road, the access being adequate and convenient

2. when a new road is opened giving access to the isolated estate

o both cases: must substantially meet the needs of the dominant estate. Otherwise, the easement may not be extinguished.

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Ateneo Central Bar Operat ions 2007 • Extinguishment not ipso facto • If extinguislied, must return tine amount received

as indemnity to tine dominant owner witliout any interest. Interest sliail be deemed in payment for tine rent.

• Easement fo r tine passage of livestocl< (animal path, shall not exceed 75 meters in width), animal trail (shall not exceed 37 meters and 50 sq. cm.) or any other, and those for watering places (shall not exceed 10 m), resting places and animal folds, shall be governed by the ordinances and regulations relating thereto and in the absence thereof, by the usages and customs of the place.

EASEMENT OF A PARTY WALL • A wall erected on the line between two adjoining

properties belonging to different persons, for the use of both estates.

• Governed by:

1. the Civil Code, 2. local ordinances and customs 3. the rules of co-ownership

• Presumed, unless there is a title, or exterior sign, or proof to the contrary: 1. in dividing walls or adjoining buildings up

to the point of common elevation 2. in dividing walls of gardens or yards

situated in cities, towns, or in rural communities

3. in fences, walls and live hedges dividing rural lands

• IT IS UNDERSTOOD THAT THERE IS AN EXTERIOR SIGN, CONTRARY TO THE EASEMENT OF PARTY WALL WHENEVER: 1. there is a window or opening in the dividing

wall of buildings 2. dividing wall is on one side straight and

plumb on all its facement, and on the other, it has similar conditions on the upper part but the lower part slants or projects outward

3. entire wall is built within the boundaries of one of the estates

4. the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others

5. the dividing wglL��Jjetyveen courtyards, gardens ahd,retefl;�'tneilt§pi3Se:��e� in such a way that the coping sheds the water upon only one of the estates

6. the dividing wall, being built by masonry, has stepping stones, which at certain intervals project from the surface of one side only, but not on the other

7. the lands enclosed by fences or live hedges adjoin others which are not enclosed

In all these cases, the ownership is deemed to belong exclusively to the owner of the property which has in its favor the presumption based on any of these signs. EASEMENT OF LIGHT AND VIEW • period of prescription for the acquisition shall be

counted: 1. from the time of opening of the window, if

through a party wall 2. from the time of the formal prohibition upon

the proprietor of the adjoining land, if window is through a wall on the dominant estate

• when the distances in Art. 670 are not observed, the owner of a wall which is not a party wall can make in it:

1. openings to admit light at the height of the ceiling jo ints or immediately under the ceiling, of the size of 30 centimeters square

2. an iron grating embedded in the wall and with a wide screen

• distance of 60 sq. cm. for side or oblique views upon or towards such conterminous property

• leave a distance of 2 meters if the windows, apertures, balconies or other similar projections which afford a direct view upon or towards an adjoining land

HO W EXTINGUISHED: 1. merger 2. non-user fo r ten years 3. when easement can no longer be used 4. expiration of the term or fulfilment of the

condition (if temporary or conditional) 5. renunciation of the owner of the dominant

estate of the redemption agreed upon Title VIM - NUISANCE

NUISANCE is any act, omission, establishment, business, condition of property, or anything else which: 1) injures or endangers the health or safety of others 2) annoys or offends the senses 3) shocks, defies or disregards decency or morality 4) obstructs or interferes with the free passage of any public highway or street, or any body of water 5) hinders or impairs the use of property. Lapse of time cannot legalize any nuisance, whether public or private Kinds of Nuisances According To Number of Persons Affected:

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Ateneo Central Bar Operat ions 2007 1. Public (or common) nuisance - affects a

community or neighbourhood or considerable number of persons.

2. Private nuisance - affects a an individual or few persons only

OTHER CLASSIFICATION: 1. Nuisance Per Se - always a nuisance

because of its nature regardless of location or surroundings

2. Nuisance Per Accidens - nuisance by reason of location, surrounding or in the manner it is conducted or managed.

DOCTRINE OF ATTRACTIVE NUISANCE: 1. Reason for the doctrine: "one who maintains

on his premises dangerous instrumentalities or appliances of a character likely to attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. The principal reason fo r the doctrine is that the condition or appliance in question although its danger is apparent to those of age, is so enticing or alluring to children of tender years as to induce them to approach, get on or use it, and this attractiveness is an implied invitation to such children"

2. Appl icat ion to bodies of water - generally not applicable to bodies of water, artificial as well as natural in the absence of some unusual condition or artificial feature other than the mere water and its location. Thus, a swimming pool or pond or reservoir of water is not considered an attractive nuisance.

REMEDIES AGAINST A PUBLIC NUISANCE: 1. a prosecution under the Penal Code or any

local ordinance 2. a civil action 3. extra-judicial abatement (all remedies may be simultaneously pursued to remove a nuisance) QuickTime™ and a IFF (Uncompressed) decompressor

WAYS OF ABATING PUBLIC" NUISANCE BY A PRIVATE CITIZEN:

1. Removing the thing which constitutes the nuisance

2. destroying the thing when necessary without disturbing the peace of the community, or doing unnecessary injury

REQUIREMENTS FOR ABATEMENT OF A PUBLIC/PRIVATE NUISANCE BY A PRIVATE PERSON:

1. demand has been made 2. demand has been rejected 3. abatement be

approved by

the district health officer and executed with the assistance of the local police

4. value of the destruction does not exceed P3000

A PRIVATE PERSON OR A PUBLIC OFFICIAL EXTRAJUDICIALLY ABATING A NUISANCE SHALL BE LIABLE FOR DAMAGES:

1. If he causes unnecessary injury. 2. If an alleged nuisance is later declared by the

courts to be not a real nuisance. REMEDIES AGAINST A PRIVATE NUISANCE:

1. civil action 2. abatement, without judicial proceedings

NOTE: 1. No legalization of nuisance, whether private

or public, by prescription 2. Even if nuisance no longer exists, the

aggrieved person may still pursue a civil action for damages for the injuries suffered during the existence of nuisance

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Negligence Nuisance Basis Liability is based

on lack of proper care or diligence

Liability attaches regardless of the degree of care or skill exercised to avoid the injury

Condition of the act Act complained of

is already done which caused the injury to the plaintiff

There is continuing harm being suffered by the aggrieved party by the maintenance of the act or thing which constitutes the nuisance

Abatement Abatement is not available as a remedy. The remedy is action for damages.

Abat ement without judicial proceedings is allowed to suppress the nuisance (ART 699 & 705)



Civil Law Summer Reviewer_ Ateneo Central Bar Operat ions 2007

3. Subsequent owner of the property, having full knowledge of the existence of the nuisance, did not remove the nuisance is solidarily liable for the injuries and damages caused.

4. Owner of nuisance property is not entitled to compensation

5. Civil action against a public nuisance shall be

commenced by the Mayor of the locality. 6. A private person may commence a civil

action to eliminate a public nuisance only if he suffered a particular harm or injury which is different from the harm or damage suffered by the general public by reason thereof.

QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see tliis picture.

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Central Bar Operations 2007 Civil Law Summer Reviewer