Civil Law Book II Property

7/25/2019 Civil Law Book II Property

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CIVIL LAW PROPERTY

Book II

Characteristics of Property

a. Utilityfor the satisfaction of moral or economic wants.

b. Susceptibilityof appropriation.

c. Individuality or substantivity (that is, it can exist by itself, and notmerely as a part of a whole).

Classication of Property y O!ect

1. Real and Immovable and Personal or Movable (rt. !1!)

a. Parties to a contract may treat what is real as personal or vice versa(Leung Yee v. Strong Machinery Co., 37 Phil. 531; Sergs Proucts v. PC!Leasing, "# 1377$5, %ug &&,&$$$'

b. "pecial laws may provide otherwise, e.#. #rowin# crops under chattelmort#a#e law.

Real " Personal Property

$. Real or immovable property % rt. !1& 'ew ivil ode (Memorie).

*. cademic classi+cation of real property

a. by nature (par. 1, -, rt. !1&)

b. by incorporation (par. $, *, , rt. !1&)

c. by destination (par. !, &, /, 0, rt. !1&)

d. by analo#y (par. 1, rt. !1&)

!. Personal property % rts. !1/ 2 !1 (Memorie)

&. 3he business of providin# telecommunication or telephone service isli4ewise personal property which can be the ob5ect of theft under rticle *-of the Revised Penal ode. (Laurel vs. %rogar, 57) SC#% *1'.

Classication of Property y o#ner


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1. lassi+cation Property of p$lic %o&inion and property of pri'ateo#nership(%rt. *1+'

$. Property of public dominion

a. Proerty -or ulic use;

. Proerty -or ulic service;

c. Proerty -or eveloent o- the national

/ealth. (%rt. *&$'

Property of p$lic %o&inion

*. Proerty -or ulic use % may be used by any member of the public.

Proerty -or ulic service% may be used only by persons authoried, but forthe bene+t of the public.

!. haracteristics of properties of public dominion

a. 6utside the commerce of man.

b. annot be ac7uired by prescription.

c. annot be re#istered under 3orrens system,

d. annot be attached or levied on execution.

e. In #eneral, can be used by everybody.

f. May be real or personal property.

&. 8xamples of properties for public use % roads, canals, torrents, ports andbrid#es constructed by the state, ban4s, shores, roadsteads and others ofsimilar character.

a. 9oreshore lands and lands reclaimed from the sea.

Property for p$lic ser'ice

1. In #eneral, can be used only by authoried persons but for the bene+t ofthe public.

$. 8xamples city halls, +re truc4s, police cars, airports (MI v. ity ofPasay, !0& "R &01).


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*. Property of public dominion, when no lon#er needed for public use orpublic service, shall form part of the patrimonial property of the "tate. (rt.!$$).

a. :e#islative authority is re7uired.

Property of pro'inces( citiesan% &$nicipalities)

;ivided into property for public use and patrimonial property (rt.

!$*)

$. Property for public use consist of provincial roads, city streets, municipalstreets, s7uares, fountains, public waters, promenades, and public wor4s forpublic service, paid for by said provinces, cities or municipalities. (rt. !$!)

Patri&onial Property

Properties of private ownership belon# to private persons as well as to

the "tate and local #overnment units. In the case of the "tate and :f$n+ile. If it is a#reed that the identical thin# be


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returned, it is non>fun#ible. If it is a#reed that an e7uivalent be returned, itis fun#ible.

OW,ER-.IP

Ri+hts of an o#ner

3he owner has the ri#ht to en!oyand %ispose of a thin#, without limitationsthan those established by law.

3he owner also has a ri#ht of action a#ainst the holder and possessor of thethin# in order to reco'er it. (rt. !$-)

'otes>

3he ri#ht to en5oy includes the ri#ht to possess (jus possidendi), the

ri#ht to use /jus utendi) and the ri#ht to the fruits (jus fruendi)

$. 3he ri#ht to dispose (jus disponendi) includes the ri#ht to abuse ordestroy (jus abutendi).

*. 3he ri#ht of action to recover isjusvindicandi.

!. ctions to recover are

a. to recover personal property % replevin

. to recover real roerty -orcile entry, unla/-ul etainer, accionuliciana, accion reivinicatoria.

0orcile entry (etentacion' is a summary action to recover possession ofreal property when a person ori#inally in possession was deprived of it byforce, intimidation, strate#y, threat or stealth (9I"3").

a. It is to be +led in the M3 of the municipality or city where theproperty is located.

b. It is to be +led within a period of one year from the dispossesion, or

discovery thereof if by strate#y or stealth.

c. 3he sole issue is physical possesion (ossession e -acto).

d. ll that the plainti@ is re7uired to prove is previous possession and thedeprivation thereof by 0I-T-)


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&. 1nla#f$l %etainer (6esahucio' is a summary action bou#ht to recoverpossession of real property which is bein# unlawfully witheld by a defendantwhose ri#ht thereto by any contract has expired or terminated.

a. It is to be +led in the M3 of the city or municipality where the

property is located.

b. It is to be +led with0in s period of one year from the time that thepossession of the defendant has become unlawful.

c. 3he sole issue to be resolved is physical possession (possession e-acto)

/. 9orcible 8ntry and =nlawful ;etainer (both 4nown as accion interictal)are actions for recovery of possession. 3he di@erence between the twoactions is that in 9orcible 8ntry, the possession of the defendant was

unlawful from the be#innin#, while in =nlawful ;etainer, the possession ofthe defendant was ori#inally lawful but became unlawful afterwards.

) Accion P$liciana % an action to recover possession of property basedon a better ri#ht or possession, or when the actions for forcible entry orunlawful detainer have already prescribed.

a. It is to be brou#ht in the R3 of the city or province where the propertyis located.

b. 3he prescriptive period is 1 years.

c. 3he issue is possession e ure.

-) Accion Rein'in%ictoria % an action to recover ownership of property.

a. Must be +led in the R3 of the city or province where the property islocated.

b. It must be brou#ht within a period of 1 or * years from the time theplainti@ lost possession or had 4nowled#e thereof (dependin# on whetherthe defendant is see4in# ownership by ordinary or extraordinary prescription)

c. Issue is ownership.

0. Replevin % an action or provisional remedy to recover possession ofpersonal property


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1. Re7uisites for recovery In an action to recover, the property &$st ei%entie% and the plainti@ must rely on the stren+th of his o#n titleand not on the wea4ness of the defendantAs claim (rt. !*!)

a. Property must be identi+ed with particularity so that the court will

4now the ob5ect of the action.

b. Plainti@ must rely on the stren#th of his title because the defendantis presumed to be the owner (rt. !**)..

.i%%en Treas$re /Art) 2345

Belon#s to the owner of the land, buildin#, or other property on which it isfound.

Chen the %isco'eryis made on theproperty of another(or of the "tate or

any of its subdivisions, and y chance( one>half thereof shall be allowed tothe +nder. If the +nder is a trespasser( he shall not be entitled to anyshare of the treasure.

If thin#s found be of interest to science or the arts, the state may ac7uirethem at their 5ust price, which shall be divided in conformity with the rulestated.

.i%%en Treas$re /Art) 2365

By treasure is understood, for le#al purposes, any hidden or un4nown

deposit of money, 5ewelry or other precious ob5ects, the lawful ownership ofwhich does not appear.

ote8 0ollo/ing the octrine o- euse generis, 9other recious oect:shoul e unerstoo to re-er to the sae class as oney or e/elry, anshoul not there-ore inclue roerty iee in the soil or art o- the soil,lie inerals. !ovales, lie a to, /oul o- course e e


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%ccession continua %to everythin# which is attached thereto eithernaturally or arti=cially.

aturally% by the forces of nature

%rti=cially% by the acts of man

ACCE--IO, 7I-CRETA

3o the owner belon#s

1. 3he natural fruits,

$. 3he industrial fruits

*. 3he civil fruits (rt. !!1)

atural -ruits > the spontaneous products of the soil and the youn# and otherproducts of animals

a. D6ther productsE % mil4 of cows, e##s of chic4en

b. If parents of the youn# belon# to di@erent owners, the youn# shouldpertain to the owner of the female, barrin# an a#reement to the contrary.

Accession 7iscreta

!nustrial -ruits those produced by lands of any 4ind throu#h cultivationand labor.

Civil -ruits > rents of buildin#s, the price of leases of lands and otherproperty, and the amount of perpetual or life annuities or other income.(rt.!!$)

6nly those which are manifest or born are considered as natural or industrialfruits.

Cith respect to animals, it is suFcient that they are in the womb of the

mother, althou#h unborn (rt.!!!)

ACCE--IO, 7I-CRETA

Ge who receives the fruits has the obli#ation to pay the expenses made by athird person in their production, #atherin# or preservation.(rt. !!*).

9?e /ho receives the -ruits: the o/ner;


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9 thir erson: % possessor in bad faith,

Dexpenses of #atherin# or preservationE % refers to harvested

fruits.,

ACCE--IO, CO,TI,1A I,71-TRIAL/With re+ar% to real property5/Arts) 228 * 2985

;one by B$il%in+( Plantin+ or -o#in+.

Planting a eretual cro; so/ing an annual cro.

Basic Rule Chatever is built, planted or sown on the land of anotherbelon#s to the owner of the land, sub5ect to the provisions of the followin#

articles. (rt. !!&)

Basic Principles

1. 3he accessory follows the principal.

$. 3he incorporation must be such that the principal and the accessorycannot be separated without substantial in5ury to either..

*. Ge who is in #ood faith may be held responsible but should not bepenalied.

!. Ge who acts in bad faith may be penalied.

&. 'o one should enrich himself un5ustly at the expense of another,

/. Bad faith of one neutralies the bad faith of the other.

%rt. **7 @/ner o- lan (@L' uils, lants or so/s on thereon /ithaterials o- another (@M'8

1. 1st situation 6: and 6M in #ood faith

6: can remove materials if it can be done without in5ury to

wor4. 6therwise, 6M can 4eep materials but pay for their

value.

$ $ndsituation 6: in bad faith, 6M in #ood faith


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6M can remove materials or demand payment, plus

dama#es in either case.

*.. *rdsituation 6: in #ood faith, 6M in bad faith

6: can 4eep materials without payin#, plus dama#es.

!. !thsituation Both are in bad faith

"ame as both in #ood faith.

rt. !!- > Builder, planter or sower (BP") builds, plants or sows on land ofanother (6:) in #ood faith.

6: has option to appropriate the wor4s upon payment of indemnity, or to

compel builder or planter to buy the land and the sower to pay the properrent.

But he cannot compel the builder or planter to buy the land if the valuethereof is consi%eraly hi+her than the value of the improvement. In suchcase, they will enter into a contract of lease., and of they cannot a#ree onthe terms and conditions thereof, the court will +x it for them.

'otes

1. Both the 6: and BP" are in #ood faith. BP" is in #od faith if he builds,

plants or sows on the land believin# that it belon#s to him 6: is in #ood faithif he did not 4now that someone was buildin#. plantin# or sowin# in his land,or when

he learned about it, he ob5ected immediately.

6ption is #iven to 6: because the land is the principal.

6:As choice is limited to two only. Ge cannot demand removal. Ge can

demand it only if the builder or planter failed to buy the land.

!. 3he indemnity 6: should pay is the fair &arket 'al$e) (Pecson vs. C%,&** SC#% *$7'

Art)226*29:

@L in goo -aith, APS in a -aith


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6: has three options

1. 3o appropriate the improvement without indemnity, or

$. 3o compel the builder or planter to buy the land, even if considerably

hi#her in value, and the sower to pay the proper rent?, or

*. 3o demand removal of the wor4,

Plus dama#es in either case.

BP" is entitled only to reimbursement for the necessary expenses for thepreservation of the land. (rt. !&$)

Arts) 293( 292( 299

!- @L in a -aith, APS in goo -aith (%rt. *5*'

Provisions of rt. !! shall apply

(BP" may demand indemnity or removal of the wor4, with dama#es ineither case.)

!- oth arties are in a -aith > both treated as in #ood faith (rt. !&*)

!- aterials elong to a thir erson (@M' > @L is susiiarily liale to theo/ner o- the aterials i-8

a. 6: has appropriated the wor4s, and

b. 6M is in #ood faith. (rt. !&&)

1s$fr$ct$ary

rt. &0. =sufructuary may ma4e $sef$lor l$;$rio$s improvements onthe property under usufruct, provided he does not alter its form andsubstance, but he shall have no ri#ht to be indemni+ed therefor. Ge mayhowever remove them should it be possible without causin# in5ury to the

property.

rt. &-. 3he usufructuary may set o< the improvements he made onthe property a#ainst any dama#e to the same.

Accession Contin$a ,at$ral


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Alluvium. 3o the owners of lands ad5oinin# the ban4s of rivers belon#the accretion which they #radually ree*ive from the e@ects of the current ofthe waters. (rt. !&)

'otes

1. Re7uisites (1) cause is current of the river, ($) deposit must be#radual and imperceptible, land where accretion ta4es place is ad5acent tothe ban4s of the river, (!) river must continue to exist.

$. ccretion can ta4e place alon# the ban4s of a la4e ("ovt v. Colegio eSan 4ose, 53 Phil. *&3, Meneses v. C%, &*) SC#% 1)&' but not in pondsand la#oons (rt. !&-)

> ccretion does not ta4e place alon# the shores of the sea.

*. 6wnership is automatically ac7uired by the riparian owner by law.Riparian owner is not re7uired to ta4e any act to ac7uire ownership.

!. Re#istration is not re7uired for ac7uirin# ownership, but useful toprotect ownership from bein# ac7uired by others throu#h ac7uisitiveprescription.

AV1L-IO,

Chenever the current of a river, cree4 or torrent se#re#ates from anestate on its ban4 a 4nown portion of land and transfers it to another estate,

the owner of the land to which the se#re#ated portion belon#ed retains theownership of it, provided that the removes the same within two years. (rt.!&0)

1. 6pposite of alluvium. ction of river is abrupt, soil se#re#ated isidenti+able, ori#inal owner retains ownership provided he remove the samewithin two years.

$. DlaimsE same as DremovesE (ode ommission)

*. ;elayed accession? it ta4es place only after $ years.

3rees uprooted and carried away b the current belon# to the owner ofthe land upon which they may be cast, if the owners do not claim themwithin six months. (rt. !/).

"ame principle as avulsion.


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lso a case of delayed accession, because owner of land on which thetrees may be cast ac7uires ownership of them only after six months andori#inal owners did not claim them.

Chan+e in co$rse of Ri'ers) River beds which are abandoned throu#h

the natural chan#e in the course of the waters iso -acto belon# to theowners whose lands are covered by he new course in proportion to the arealost. Gowever, the owners of he lands ad5oinin# the old bed shall have theri#ht to ac7uire the same by payin# the value thereof, which value shall notexceed the value of the area occupied by the new bed. (rt. !/1)

,otes=

H. han#e of course must be sudden, a natural one and more or lesspermanent.

$. 6wners of the land alon# the old bed have a period of two years tobrin# the river bac4 to it old course. (rt. &-, Cater ode, P; 1/)

*. lso a case of delayed succession due to the ri#ht of the landsborderin# the abandoned bed to ac7uire it by payin# the value thereof.

!. 'ew bed becomes property of public dominion (rt. !/$)

6wner retains ownership of land isolated by branchin# of waters of ariver. (rt. !/*)

Accession #ith respect to >o'ales

A%!$nction or Con!$nction

;e+nition % process by virtue of which two movable thin#s belon#in# todi@erent persons are united a such a way that they form a sin#le ob5ect

;i@erent 4inds inclusion, solderin#, escritura, pintura, weavin#.

Rules

1. Chen the thin#s are united without bad faith > owner of principalac7uires the accessory after payin# for its value. (rt, !//)

$. Chen the owner of the accessory made the incorporation in bad faith,he shall lose the thin# incorporated, and indemnify he owner of the principalfor dama#es. (rt. !)


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*. If the one who acted in bad faith is the owner of the principal, theowner of the accessory shall have the option to demand payment for itsvalue or separation of the thin# belon#in# to him eve it will mean destroyin#the principal thin#, plus dama#es in either case. (rt. !)

!. If both are in bad faith, they shall be treated as in #ood faith (rt. !)

&. Chen ever the thin#s united can be separated, heir owners can demandseparation. 'evertheless, if the accessory is &$ch &ore precio$s than theprincipal, the owner of the former may demand its separation even thou#hthe principal may su@er some in5ury. (rt. !/0)

/. 3he principal is deemed to be that to which the other has been united asan ornament or for its use or perfection (rt. !/). If it cannot be determinedby his rule, that of the #reater value shall be considered the principal, and ifof e7ual value, that of the #reater volume (rt. !/-)

In paintin#, sculpture, writin#s, printed matter, en#ravin# and litho#raphs,the board, metal , stone, canvas, paper or parchment shall be deemed theaccessory. (rt. !/-)

A%!$nction or Con!$nction

>i;t$re * combination or union of materials where the respective identitiesof the component elements are lost.

?in%s= commixtion (if solids are mixed), or confusion (if li7uids are mixed.

R$les=

1. If caused by the will of their owners, by chance, or by the will of only oneowner who acted in #ood faith, each owner shall ac7uire a ri#ht proportionalto the value of the part belon#in# to him (rts. !$, !*).

$. If the one who caused the mixture acted in bad faith, he shall lose histhin# plus bein# liable for dama#es. (rt. !*)

-pecication % #ivin# of a new form to anotherAs material thru the

application of labor.

1. If the wor4er (principal) is in #ood faith

a. Ge appropriates the new thin# but must pay indemnity for thematerial.

b. But if the material (accessory) is more precious


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than the new thin#, the owner has the option

to #et the new thin#, or demand indemnity.

$. If wor4er is in bad faith, owner of material has option

i. to appropriate wor4 without payin# for wor4, but not if the value of thewor4 is more valuable than the material, or

ii. 3o demand indemnity for materials, plus dama#es.

Real Ri+hts an% Personal Ri+hts

real ri#ht (us in re) is the power of a person to obtain certain +nancial oreconomic advanta#es over a speci+c thin#, a power enforceable a#ainst thewhole word.

personal ri#ht i(us in ersona) is the power belon#in# to a person todemand from another as a de+nite passive sub5ect debtor, the ful+llment ofa prestation to #ive, to do or not to do.

1. Real ri#ht has a speci+c ob5ect? personal ri#ht a@ects all the present andfuture properties of the debtor,

$. In real ri#ht, there is a de+nite active sub5ect while the word is the passivesub5ect? in personal ri#ht there is a de+nite active and passive sub5ect.

*. Real ri#ht is a ri#ht over a thin#? in personal ri#ht, the ri#ht is to a thin#.

!. Real ri#ht is created by mode and title? personal ri#ht is created by titleonly.

&. Real ri#ht is extin#uished by loss or destruction? personal ri#ht is not soextin#uished

>o%es of Ac@$irin+ O#nership

1. 6ri#inal modes % 6ccupation and intellectual creation.

$. ;erivative modes % law, donation, testate and intestate succession,tradition as a conse7uence of certain contracts, prescription. (rt. 1$)

Li&itations on O#nership

1.


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a. 3axation % #overnment may impose a tax on property, and if these arenot paid, the property may be seied.

b. Police power % Property may be condemned or seied in the interest ofhealth, safety or security and the owner shall not be entitled to

compensation unless he can show such seiure is un5usti+ed. (t. !*/) Salusouli est surea le


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B. Juietin# title is remedial? preventin# a cloud is preventive.

. ction does not prescribe if the plainti@ is in possession? prescribes if he isnot in possession, because the action would actually be one to recoverpossession.

CO*OW,ER-.IP

haracteristics of co>ownership

3here must be more than one sub5ect or owner.

3here is one physical whole divided into ideal undivided shares.

*. 8ach ideal share is de+nite in amount, but is not physically se#re#atedfrom the rest.

!. Re#ardin# the physical whole, each co>owner must respect each otherin the common use, en5oyment or preservation of the physical whole.

&. Re#ardin# the ideal share, each co>owner holds almost absolute controlover the same.

/. It is not a 5uridical person.

. co>owners is in a sense a trustee for the other co>owners.

1. La/

&. Contract

3. Chance

*. @ccuation

5. Succession

Co*o#nership

Ri+hts of Co*o#ners

1. s to the property % each co>owner may use the thin# owned incommon , provided he does so in accordance with the purpose for which it isintended and in such a way as not to in5ure the interests of the co>ownership


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or prevent the other co>owners from usin# it accordin# to their ri#hts. (rt.!-/)

$. s to the ideal share % 8ach co>owner shall have the full ownership of hispart and the fruits and bene+ts pertainin# thereto, and he may therefore,

alienate, assi#n or mort#a#e it, and even substitute another person in itsen5oyment, except when personal ri#hts are involved. (rt. !0*)

Co*o#nership

cts of lteration

'one of the co>owners shall, without the consent of the others, ma4ealterations in the thin# owned in common, even thou#h bene+ts for all willresult therefrom. Gowever, if the withholdin# of the consent of one or moreof the co>owners is clearly pre5udicial to the common interest, the courts

may a@ord ade7uate relief. (rt. !01)

n alteration is a chan#e which is more or less permanent, chan#es the useof the thin#, and pre5udices the condition of the thin# or its en5oyment by theothers.

Co*o#nership

Ri#ht to partition

'o co>owner shall be obli#ed to remain in the co>ownership. 8ach co>

owner may demand at any time the partition of the thin# owned in common,insofar as his share is concerned.

'evertheless, an a#reement to 4eep the thin# undivided for certainperiod of time, not exceedin# ten years, shall be valid. 3his term maybeextended by a new a#reement.

donor or testator may prohibit partition for a period which shall notexceed twenty years.

'either shall there be any partition when it is prohibited by law.

'o prescription shall run in favor of a co>owner or coKheir a#ainst his co>owners or co>heirs as lon# as he expressly or impliedly reco#nies the co>ownership. (rt. !0!)

Co*o#nership

dditional exception to the ri#ht to demand partition


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3he family home shall continue despite the death of one or both spouses orof the unmarried head of the family for a period of ten years or for as lon# asthere is a minor bene+ciary, and the heirs cannot partition the same unlessthe court +nds compellin# reasons therefor. 3his rule shall apply re#ardlessof whoever owns the property or constituted the family home. ()rt. 1&0,

9amily ode?%rriola vs. %rriola, 5*& SC#% ))))

Co*o#nership

,ecessary e;penses #ai'er

8ach co>owner shall have a ri#ht to compel the other co>owners tocontribute to the expenses of preservation of the thin# or ri#ht owned incommon and to the taxes. ny one of the latter may exempt himself fromthis obli#ation by renouncin# so much of his undivided interest as may bee7uivalent to his share of the expenses and taxes. 'o such waiver shall be

made if it is pre5udicial t o the co>ownership. (rt. !--)

Co*o#nership

Ri#ht of redemption of co>ownerAs share

co>owner of a thin# may exercise the ri#ht of redemption in case theshare of all the co>owners or any of them are sold to a third person. If theprice of the alienation is #rossly excessive, the redemptioner shall pay onlya reasonable one.

"hould two or more co>owners desire to exercise the ri#ht ofredemption, they may only do so in proportion to the share they mayrespectively have in the thin# owned in common. (rt. 1/$)

Ri#ht must be exercised within * days from notice in writin#.

Co*o#nership

Ter&inationDE;tin+$ish&ent

(a) 5udicial partition

(b) extra5udicial partition

L prescription in favor of one co>owner

(d) prescription in favor of a stran#er

(e) mer#er in one co>owner


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(f) loss or destruction

(#) expropriation

Co*o#nership

Eowner shall payfor dama#es caused by reason of his ne#li#ence or fraud. (rt. &)

8very co>owner shall, after partition, e liale for %efects of title an%@$ality of the portion assi#ned to each of the other co>owners, (rt. &1)

Co*o#nership

Ri+hts a+ainst in%i'i%$al co*o#ners

3he partition of a thin# owed in common shall not pre5udice third persons,who shall retain the ri#hts of mort#a#e, servitude, or any other real ri#htbelon#in# to them before the division was made. Personal ri#hts pertainin#to third persons a#ainst the co>ownership shall also remain in force,notwithstandin# the partition. (rt. !00)

Co*o#nership

Partition in case co>owners cannot a#ree

If the parties are unable to a#ree upon the partition, the court shallappoint not more than three competent and disinterested persons ascommissioners to ma4e the partition, commandin# them to set o@ to theplainti@ and to each party in interest such part and proportion of the propertyas the court shall direct. ("ec. *, Rule /0, Rules of ourt)

co>owner of a thin# may exercise the ri#ht of redemption in case theshares of all the co>owners or any of them, are sold to a third person. If theprice of the alienation is excessive, the redemptioner shall pay only a

reasonable one.

"hould two or more co>owners desire to exercise the ri#ht of redemption,they may only do so in proportion to the share hey may respectively have inthe thin# owned in common. (rt. 1/$)

CO,7O>I,I1>


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Concept > condominium is an interest in real property consistin# of aseparate interest in a unit in a residential, industrial or commercial buildin#and an undivided interest in common, directly or indirectly, in the land onwhich it is located and in other common areas of the buildin#. ("ec. $, R..!$/

Interest in real property % may be ownership or any other real ri#ht in realproperty reco#nied by the law of property in the ivil ode and otherpertinent laws. ("ec. $, R.. !$/)

Co&&on areas % the entire pro5ect exceptin# all units separately #ranted orheld or reserved. ("ec. *, R !$/)

Con%o&ini$&

Con%o&ini$& Corporation % a corporation specially formed to hold title to

the land and common areas. ("ec. $, R.. !$/)

Master ;eed % an enablin# deed to be recorded in the Re#ister of ;eeds andannotated in the title of the land, which shall contain

a. a description of the land?

b. a description of the buildin#

c. description of the common areas

d. statement of the interest ac7uired or to be ac7uired by

the purchaser?

e. statement of the purposes for which the buildin# and units are

intended or restricted?

f. consent of the re#istered owner?

#. any reasonable restriction on the ri#ht of the owner to alienate. ("ec.!)

7eclaration of Restrictions % restrictions on the use of thecondominium which shall constitute a lien on each unit in the pro5ect, to beenforced, by the owner or mana#ement body, description and powers of themana#ement body.

Con%o&ini$& Corporation %3he corporate purposes shall be limited tothe holdin# of the common areas, either by ownership or any other interest


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in rel property reco#nied bylaw, to the mana#ement of the pro5ect, an tosuch other purposes as may b e necessary, incidental or convenient to theaccomplishment of said purposes. 3he articles of incorporation or by laws ofthe corporation shall not contain any provision contrary to or inconsistentwith the provisions of this ct, the enablin# or master deed, or the

declaration of restrictions of the pro5ect. ("ec. 1, R.. !$/)

Con%o&ini$& Corp) cont%. % Membership in a condominiumcorporation shall not be transferable separately from the condominium unitof which it is an appurtenance . ("ec. 1, R.. !$/)

3he term of a condominium corporation shall be coterminous with theduration of the condominium pro5ect ("ec. 11, R.. !$/)

Assess&ents under the declaration of restrictions, the mana#ementbody shall provide for reasonable assessments to meet authoried

expenditures. "uch assessments shall constitute a lien on the unit assessedwhen a notice of such assessment is re#istered with the Re#ister of ;eeds.("ec. $, R.. !$/)

RA 899F an% P7 69G

R.. /&&$ provides protection to buyers of real property on installment basis.

a. buyer who has paid less than $ year of installment is entitled to a#race period of not less than / days to pay the installment due. buyerwho has paid at least two years of interest is entitled to a #race period of one

month for every year of installment payment made, to be exercised onl onceevery +ve years of the life of the contract, and to be refunded a cashsurrender value e7ual to & of his total payments if the contract iscancelled. If he has paid +ve years or more, he is enitled to an increase of& for every year, up to 0 of his total payment.

b. P; 0& allows a buyer of a subdivision lot or condominium, after duenotice, to desist from payin# installments, due to the failure of the owner ordeveloper to develop the subdivision or condominium pro5ect accordin# tothe approved plans and within the time limit for complyin# with the same."uch buyer may, at his option, be reimbursed for the total amount paid

includin# amortiation interests but excludin# delin7uency interests.


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corporation ("ec. 1$, R !$/)

possession). 3his includes constitutu ossessoriu or traitio revianu.

$. By s$!ection to o$r #ill (this includes traitio longa anu andtraitio siolica'


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*. By constr$cti'e possession or proper acts and le#al formalities(such as succession, donation, or execution of a public instrument)

?in%s of possession

1. Possession in ones o#n na&e (as y the o/ner' or the na&e ofanother (as y the agent'. (rt. &$!)

'ote Possession in anotherAs name may be voluntary, necessary orunauthorie.

$. Possession in the concept of o#ner or of the hol%er. (rt. &$&)

'ote Refers to concept of other people derived from the acts of thepossessor.

*. Possession in +oo% faith and in a% faith)

Possessor in +oo% faith

Ge is deemed a possessor in #ood faith who is not aware that there

exists in his title or mode of ac7uisition any Oaw which invalidates it.

Ge is deemed a possessor in bad faith who possesses in any casecontrary to the fore#oin#.

Mista4e upon a doubtful or diFcult a 7uestion of law may be the basis of#ood faith. (rt. &$/)

$.


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$. If at the time the #ood faith ceases, there should be any natural orindustrial fruits, the possessor shall have a ri#ht to a part of the expenses ofcultivation, and to a part of the net harvest, both in proportion to the time ofthe possession.

3he char#es shall be divided on the same basis by the two possessors.

3he owner of the thin# may, should he so desires, #ive the possessorin #ood faith the ri#ht to +nish the cultivation and #atherin# of the #rowin#fruits, as an indemnity for his part of the expenses of cultivation and the netproceeds? the possessor in #ood faith who for any reason whatever shouldrefuse to accept this concession, shall lose the ri#ht to be indemni+ed in anymanner. (rt. &!&)

%s to 2


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!!*. 3he expenses incurred in improvements for pure luxury or merepleasure shall not be refunded to the possessor in bad faith, but he mayremove the ob5ects for which such expenses have been incurred, providedhat the lawful possessor does not prefer to retain them by payin# the valuethey may have at the time he enters into possession. (rt. &!0)

Ri+hts of a possessor

1. 8very possessor has a ri#ht to be respected in his possession and shouldhe be disturbed therein he shall be protected in or restored to saidpossession by the means established bylaw and the Rules of ourt. (rt. &*0

$. 6nly the possession ac7uired and en5oyed in the concept of owner canserve as a tile for ac7uirin# dominion. (rt. &!)

*. possessor in the concept of owner has in his favor the le#al

presumption that he possesses with a 5ust title and he cannot be obli#ed toshow or prove it. (rt. &!1)

!. 3he possession of real property is presumed that of the movables thereinas lon# as it is not shown or proved that they should be excluded. (rt. &!$)

&. 8ach one of the participants of a thin# possessed in common shall bedeemed to have exclusively possessed he part which may be alloted to himupon the division thereof for the entire period durin# which the co>possession lasted. (rt. &!*)

Loss or 1nla#f$l 7epri'ation of a >o'ale

3he possession of movable property ac7uired in #ood faith ise7uivalent to a title. 'evertheless, one who has lost any movable or hasbeen unlawfully deprived thereof, may recover it from the person inprosecution of the same.

If the possessor of a movable loss or of which the owner has beenunlawfully deprived, has ac7uired it in #ood faith at a public sale, the ownercannot obtain its return without reimbursin# the price paid therefor. (rt.&&0)

(DPresumptive titleE > 6e "arcia v. C%, 3*5 SC#% 1&+'

$. 3he owner cannot recover, even if he o@ers to reimburse, If thepossessor had ac7uired it in #ood faith by purchase from a merchantAs store,or in fairs or mar4ets in accordance with the ode of ommerce and speciallaws. (rt. 1&& *Q).


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Loss or $nla#f$l %epri'ation of a &o'ale

Perio to #ecover8

Bhe ownership of movables prescribes throu#h uninterrupted possession

for four years in #ood faith.

3he ownership of personal property also prescribes throu#huninterrupted possession for ei#ht years, without need of any othercondition.

Cith re#ard to the ri#ht of the owner to recover personal property lostor of which he has been ille#ally deprived, as well as with respect tomovables ac7uired in a public sale, fair or mar4et, or from a merchantAsstore, the provisions of rticles &&0 and 1&& of this ode shall be observed.(rt. 11*$) .

$. Movables possessed throu#h a crime can never be ac7uired throu#hprescription by the o@ender. (rt. 11**)

Loss or $nla#f$l %epri'ation of a &o'ale

6wnership and other real ri#hts over immovable property are ac7uiredby ordinary prescription throu#h possession of ten years. (rt. 11*!)

ctions to recover movables shall prescribe ei#ht years from the timethe possession thereof is lost, unless the possessor has ac7uired ownershipby prescription for a less period, accordin# to rticles 11*$, and withoutpre5udice to the provisions of rticles &&0, 1&&, and 11**. (rt. 11!)

Chere the seller of #oods has a voidable title thereto, but his title hasnot been avoided at the time of the sale, the buyer ac7uires a #ood title tothe #oods, provided that he buys them in #ood faith, for value, and withoutnotice to the sellerAs defect of title. (rt. 1&/)

0in%er of Lost >o'ale

Choever +nds a movable, which is not treasure, must return it to theprevious possessor. If the later is un4nown, the +nder shall immediatelydeposit it with the mayor of the city or municipality where the +ndin# hasta4en place.

3he +ndin# shall be publicly announced by the mayor for twoconsecutive wee4s in the way he deems best.


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If the movable cannot be 4ept without deterioration, or withoutexpenses which considerably diminish its value, it shall be sold at publicauction ei#ht days after the publication.

"ix months from the publication havin# elapsed without the owner

havin# appeared, the thin# found , or is value, shall be awarded to the+nder. 3he +nder and the owner shall be obli#ed, as the case may be, toreimburse the expenses. (rt. 10)

0in%in+ a lost &o'ale

If the owner should appear, in time, he shall be obli#ed to pay, as areward to the +nder, one tenth of the sum or of the price of the thin# found.(rt. $)

Loss or e;tin+$ish&ent of possession

possessor may lose his possession

By abandonment of the thin#.

By an assi#nment made to another either by onerous or #ratuitous title.

By the destruction or total loss of the thin#, or because it #oes out of

commerce.

By the possession of another, sub5ect to the provisions of rticle &*,if

the new possession has lasted lon#er than one year. But the real ri#ht ofpossession is not lost until after the lapse of ten years . (rt. &&&)

6thers +nal 5ud#ment, expropriation, recovery by le#itimate owner,escapin# of wild animals.

1-10R1CT

. haracteristics

2ssential %

1. real ri#ht.

$. 6f a temporary nature.

*. Purpose is to en5oy the bene+ts and derive all the advanta#es from


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the ob5ect as a conse7uence of normal use or exploitation.

atural

1. 6bli#ation of conservin# or preservin# the form and substance.

%cciental

1. Pure or conditional

$. Period

*. 'o. of usufructuaries.

B. lassi+cation

s to ori#in

1. :e#al

$. oluntary

a. inter vivos

b. mortis causa

s to extent of fruits or ob5ects %

a. 9ruits > total or partial

b. 6b5ects % universal or particular

s to number of usufructuaries %

a. "imple

b. Multiple

s to 7uality and 4ind of ob5ects %

1. =sufruct over ri#hts

$. =sufruct over thin#s

a. 'ormal (perfect or re#ular)


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b. bnormal (imperfect or irre#ular)

s to terms and conditions

1. Pure

$. Cith a term

*. Cith a condition

. Ri#hts of =sufructuary

1. Ri#ht to all the fruits, natural, industrial and civil (rt. &//)

a. natural and industrial fruits pendin# at the be#innin# and end of

the usufruct (rt. &/) ("aoya v. Cui, 3 SC#% 5'

b. lease of tenements under usufruct (t. &/-)

c. =sufruct over ri#ht to receive rent or pension, and over

commercial and industrial enterprise (rt. &)

$. Ri#ht to en5oy any increase ac7uired throu#h accession , servitudes,

and inherent bene+ts (rt. &1)

*. bnormal usufructs (t. &*, &!).

!. =sufruct over fruit>bearin# trees and shrubs (rt. &&, &/)

&. =sufruct over a woodland (rt. &)

/. =sufruct over ri#ht to recover property (rt. &-)

. Ri#ht to ma4e improvements.

;. 6bli#ations of the usufructuary

Ae-ore entering into the usu-ruct (%rt. 53'

1.3o ma4e an inventory

$. 3o #ive security


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8xceptions

a. when no one will be in5ured thereby (rt. &-&)

b. when waived by the owner

c. when usufructuary is the donor of the property (rt. &-!)

d. parental usufruct

e. caucion uratoria (rt.&-/)

6uring the usu-ruct

1.3a4e care of the property as a #ood father of a family (rt. &-0)

&. nswer for he dama#e of substitute(rt. &0

*. Ma4e ordinary repairs (rt. &0$)

!. Pay annual taxes on fruits (rt. &0/)

&. 'otify owner of adverse claim by *rdpersons (rt. /1)

%-ter the usu-ruct

Return the property

Ri#hts of the owner

1 Ri#ht to pendin# fruits at end of usufruct.

$.Ri#ht to en5oy ay increase not throu#h accession.

*.Ri#ht to alienate the property but not alter is form and substanceand

pre5udice the usufruct (rt. &-1)

!. 3o retain property pendin# inventory and security.

&. 3o construct wor4s and improvements, provided it does notpre5udice ri#hts of usufructuary (rt. &0&)

8. 8xtin#uishment of usufruct


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By death of usufructuary unless contrary intention appears (death of thelast survivor in case of multiple usufruct).

By expiration of the period or ful+llment of resolutory condition(maximum period lifetime of natural person, & years if 5uridical person.)

Mer#er of usufruct and ownership in one person.

By renunciation of the usufructuary.

By total loss of the thin#

a. partial loss

b. loss of buildin#

c. le#al loss (expropriation)

d. bad use

/. By termination of the ri#ht of the person constitutin# the usufruct

. By prescription ( rt. /*)

EA-E>E,T-

haracteristics

1. real ri#ht.

$. Imposable only on anotherAs property

*. us in re aliena

!. :imitation or encumbrance on anotherAs estate.

&. Inherence or inseparability

/. Intransmisibility

. Indivisibility

-. 'ot presumed

B. lassi+cation


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1. Real (predial) and personal

$. ontinuous and discontinuous

*. pparent and non %apparent

!. Positive and ne#ative

&. Partial use or #ettin# of speci+c materials

/. oluntary or le#al or mixed

Modes of c7uirin# 8asements

Coulsory easeents

1. ontinuous and apparent easements are ac7uired either by virtue of atitle or by prescription of ten years (rt. /$)

$. ontinuous non>apparent easements, and discontinuous ones,whether apparent or not, may be ac7uired only by virtue of a title. (rt, /$$)

*, pparent si#n of an easement (rt. /$!)

Doluntary easeents

8very owner of a tenement or piece of land may establish thereon the

easements which he my deem suitable and in he manner and form which hemay deem best, provided he does not contravene the laws, public policy andpublic order. (rt. /--)

. Ease&ent of Ri+ht of Way=

3o be entitled to an easement of ri#ht of way, the followin# conditionsshould be met 1. the dominant estate is surrounded by other immovablesand has no ade7uate outlet to a public hi#hway (rt. /!0, par. 1), $. there ispayment of proper indemnity (rt. /!0, par. 1)? *. the isolation is not due tothe acts of the proprietor of the dominant estate (rt. /!0, last par.)? and !.

the ri#ht of way claimed is at the point least pre5udicial to the servientestate? and insofar as consistent with this rule, where the distance from thedominant estate to a public hi#hway may be the shortest (rt. /&)

A) Ease&ent of Li+ht an% Vie#


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the easement of li#ht and view is eitherositiveornegative) Positi'e( ifthe window is throu#h a party wall (rt. /--, par. 1). 'e#ative, if thewindow is throu#h oneAs own wall rt. /--, par. $)

rt. //0. Chen the distances in rticle / are not observed, the

owner of a wall which is not a party wall ad5oinin# a tenement or piece ofland belon#in# to another, can ma4e in it openin#s to admit li#ht at thehei#ht of the ceilin# 5oists or immediately under the ceilin#, and of the sie ofthirty centimeters s7uare, and , in every case, with an iron #ratin# imbeddedin the wall and with a wire screen.

'evertheless, the owner of the tenement or property ad5oinin# thewall in which the openin#s are made can close them should he ac7uirepartKownership thereof, if there be no stipulation to the contrary.

Ge may also obstruct them by constructin# a buildin# on his land

or by raisin# a wall thereon conti#uous to that havin# such openin#, unlessan easement of li#ht has been ac7uired. (rt. //0)

'o windows, apertures, balconies or other similar pro5ections whicha@ord a direct view upon or towards an ad5oinin# land or tenement can bemade, without leavin# a distance of two meters between the wall in whichthey are made and such conti#uous property.

'either can side or obli7ue views upon or towards suchconterminous property be had, unless there be a distance of sixtycentimeters.

3he non>observance of these distances doe not #ive rise toprescription.

rt. /1. 3he distance referred to in the precedin# article shall be measuredin cases of direct views from the outer line of the wall when the openin#s donot pro5ect, from the outer line of the latter when they do, and in cases ofobli7ue views from the dividin# lie between the two properties.

rt. /$. 3he provisions of rticle / are applicable to buildin#s separatedby a public way or alley, which is not less than three meters wide, sub5ect to

special re#ulations and local ordinances.

rt. /*. Chenever by any title a ri#ht has been ac7uired to have a directviews, balconies or belvederes overloo4in# an ad5oinin# property, the ownerof the servient estate cannot build thereon at less than a distance of threemeters to be measured in the manner provided in article /1. nystipulation permittin# distances less than those prescribed in article / isvoid.


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,1I-A,CE

nuisance is any act, omission, establishment, business, condition orproperty, or anythin# else, which

(1) In5ures or endan#ers the health or safety of others? or

($) nnoys or o@ends the senses? or

(*) "hoc4s, de+es or disre#ards decency or morality? or

(!) 6bstructs or interferes with the free passa#e of any public hi#hway orstreet, or any body of water? or

(&) Ginders or impairs the use of property. (rt. /0!

>O7E- O0 AC1IRI, OW,ER-.IP

6wnership is ac7uired by occ$pationand intellectual creation.

6wnership and other real ri#hts over property are ac7uired and transmittedby la#( by %onation, by estate and intestate s$ccession, and inconse7uence of certain contracts, by tra%ition.

3hey may also be ac7uired by means of prescription. (rt. 1$)

Moe the process of ac7uirin# or transferrin# ownership

Bitle > that which #ives a 5uridical 5usti+cation for a mode, that is, it providesthe cause for the ac7uisition of ownership

OCC1PATIO,

3hin#s appropriable by nature which are without an owner, such as animalsthat are the ob5ect of huntin# or +shin#, hidden treasure and abandonedmovables, are ac7uired by occupation. (rt. 1*)

Re7uisites

1. "eiure or apprehension

$. Property seied must be corporeal personal property.

*. Property seied must be susceptible of appropriation.

!. Intent to appropriate.


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&. Re7uisites or conditions of law must be complied with.

7O,ATIO,

. ;e+nition % ;onation is an act or liberality whereby a person disposes

#ratituously of a thin# or ri#ht in favor of another who accept it. (rt. $&)

haracteristics

1. consent, sub5ect matter, cause

$. necessary form.

*. consent or acceptance of the donee

!. irrevocability, except for le#al causes

&. intent to bene+t the donee (anius onani)

). resultant decrease in the assets or patrimony of the donor.

8xtent of property donated

1. ;onation may comprehend all the present property of the donor.provided he reserves suFcient means for the support of himself and of allrelatives who, at the time of acceptance of the donation, are by law entitled

to be supported by the donor. Cithout such reservation, the donation shallbe reduced on petition of any person a@ected. (rt. &)

$. 3he provisions of rticle & notwithstandin#, no person may #ive orreceive by way of a donation, more that he may #ive or receive by will.

3he donation shall be inoFcious in all that it may exceed thislimitation.

*. ;onations cannot comprehend future property.

By future property is understood anythin# which the donor cannotdispose of at the time of the donation. (rt. &1)

Reservations and reversions

1. 3he ri#ht to dispose of some of the thin#s donated, or of someamount which shall be a char#e thereon, may be reserved by the donor? but


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if he should die without havin# made use of this ri#ht, the property oramount reserved shall belon# to the donee. (rt. &&)

$. Reversion may be validly established in favor of only the donor for anycase or circumstances, but not in favor of other persons unless they are

livin# at the time of the donation.

ny reversion stipulated by the donor in favor of a third person inviolation of what is provided in the precedin# para#raph shall be void, butshall not nullify the donation. (rt. &)

8. Sinds

1. s to time of e@ectivity

!nter vivos % Chen the donor intends that the donation shall ta4e e@ect

durin# the lifetime of the donor, thou#h the property shall not be deliveredtill after the donorAs death, this shall be donation inter vivos. (rt. $0)

ortis causa > 3he donations which are to ta4e e@ect upon the deathof the donor parta4e of the nature of testamentary provisions and shall be#overned by the rules established in the 3itle on "uccession. (rt. $-)

roter nutias % donations made by reason of marria#e, before itscelebration, in consideration of the same, and in favor of one or both of thefuture spouses. (rt. -1, 9amily ode).

$. s to consideration

a. Pure or simple % consideration is liberality of the donor or merits of thedonee. (


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a. may be done orally or in writin#?

b. oral donation re7uires simultaneous delivery ot thin# or document?

c. If value of thin# exceeds P&,., donation and acceptance must

be made in writin#?

$. donation of real property % rt. !0

a. public document its, specifyin# property and value of char#es?

b. acceptance may be made in same or separate public document?

e. if in separate instrument, donor noti+ed and this step noted in bothinstruments.


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($) relatives of pries to !thde#ree and church to which bebelon#s

(*) #uardian before approval of +nal accounts?

(!) attestin# witness, spouse, parents or children of witness?

(&) physician, sur#eon, nurse, health oFcer or dru##ist?

(/) individuals, associations and corporations not permitted by law toinherit.

8@ects>

1. ;onees subro#ated to all the ri#hts and actions which in case ofeviction would pertain to the donor. (rt. &!)

$. 3here bein# no provision re#ardin# payment of debt, donee shall beresponsible for payment of donorAs debts only when donation made in fraudof creditors. (rt. &0)

*. ;onation of same thin# to two persons % ;onee who +rst acceptsshall be preferred. ('ote rticle !! is a mista4e. ;onation cannot becompared to a sale, because donation is a mode.

. 8xcessiveTInoFcious donations

1. rt. & % may comprehend all of present property provided hereserves suFcient means for his support and those of his relatives whom heis le#ally obli#ed to support (rt. &)

$. 'o person may #ive more by way of donation than he may #ive bywill (rt. &$)

S. In 9raud of creditors

Chen the donation imposes upon the donee the obli#ation to pay thedebts of the donor, if the clause does not contain any declaration to the

contrary, the former is understood to be liable to pay only the debs whichappear to have been previously contracted. In no case shall the donee beresponsible for debts exceedin# the value of the property donated, unless acontrary intention clearly appears. (rt. &-)

3here bein# no stipulation re#ardin# the payment of debts, the doneeshall be responsible therefor only when the donation has been made in fraudof creditors.


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3he donation is always presumed to be in fraud of creditors, when at thetime thereof, the donor did not reserve suFcient property to pay his debtsprior to the donation. (rt. &0)

. Revocation and Reduction

1.


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($) If donee imputes to the donor any criminal o@ence, or any acinvolvin# moral turpitude, even thou#h he should prove it, unless the crimehas been committed a#ainst the donee himself, his wife or children under hisauthority.

(c) if he unduly refuses him support when the donee is le#ally ormorally bound to #ive support to the donor.

b. Gow done action for revocation by donor himself (althou#h actioncommenced can be transmitted to his heirs and continued a#ainst heir ofdonee. (rt. )

c. Prescriptive period 1 year from the time the donor had 4nowled#e ofthe fact and it was possible for him to brin# the action. (rt. /0)

d. 8@ects Property to be returned or its value if already alienated (t.

/)? alienations and mort#a#es before notation of complaint for revocation,shall subsist? donee shall not return the fruits except from the +lin# of thecomplaint.

InoFcious donations

a.

Documents

Civil Law Book II Property