MODES OF ACQUIRING OWNERSHIP Mode vs Title Mode – specific cause that gives rise to ownership because of the 1 specific condition of things, 2 intention and capacity of the person and 3 compliance with the requirements of law. It is the proximate cause that produces real rights. Title – a juridical act that provides for the means or occasion for acquiring ownership but in itself is not sufficient to produce real rights. What are the Modes of Acquiring Ownership under the New Civil Code? Art. 712 (OLD TIPS) i. Occupation ii. Law iii. Donation iv. Tradition v. Intellectual Creation vi. Prescription vii. Succession Occupation It is the acquisition of a 1 corporeal thing, appropriable by nature, and is 2 without an owner by 3 seizure of the thing with the 4 intention of acquiring ownership 5 in accordance with the rules prescribed by law. Ownership of lands cannot be acquired by occupation (Art. 714) - Lands without an owner are properties of the State. - However, abandoned properties can be acquired by occupation because they do not belong to the State (Tolentino)

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MODES OF ACQUIRING OWNERSHIPMode vs TitleMode specific cause that gives rise to ownership because of the 1specific condition of things, 2intention and capacity of the person and 3compliance with the requirements of law. It is the proximate cause that produces real rights.Title a juridical act that provides for the means or occasion for acquiring ownership but in itself is not sufficient to produce real rights.

What are the Modes of Acquiring Ownership under the New Civil Code?Art. 712 (OLD TIPS)i. Occupationii. Lawiii. Donationiv. Traditionv. Intellectual Creationvi. Prescriptionvii. Succession

Occupation It is the acquisition of a 1corporeal thing, appropriable by nature, and is 2without an owner by 3seizure of the thing with the 4intention of acquiring ownership 5in accordance with the rules prescribed by law.

Ownership of lands cannot be acquired by occupation (Art. 714) Lands without an owner are properties of the State. However, abandoned properties can be acquired by occupation because they do not belong to the State (Tolentino)

Occupation vs. Possessioni. Mode of acquiring ownership by holding of the thing vs. Mere holding of the thingii. It is sufficient to acquire ownership vs. Not in itself sufficient to acquire ownershipiii. It is exercised only on things without an owner vs. Exercised on all things, with or without an ownerOwnership of Animalsi. Swarm of Bees the owner has the right to pursue it on another persons property within two days. If he fails to do so or if the pursuit does not succeed, then the other person becomes the ownerii. Wild Animals By capturing; includes those previously captured by returned to natural freedomiii. Domesticated Wild but has been captured, subdued and made use by the owner that he formed the habit if returning to the owner. a. Another person cannot become the owner thereof unless he complies with formalities for ownership of personal propertyb. If the animal loses the habit of returning to the previous owner and the latter does not claim it within 20 days from the time it was captured by another, the previous owner loses ownership. (Art. 716)iv. Domestic Reared or born under the power of man. a. One has to comply with formalities of law before becoming the owner.

Hidden Treasure Discovered by one on anothers property, entitled to half of the value of the treasure. (Art. 438) Discovery must be by chance and not by a trespasser.