Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
PROPERTY
DISCUSSION GUIDE
ATTY. ERWIN L. TIAMSON (2024)
Page 1 of 133
Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
I. INTRODUCTION
A. What is Property?
1. In general terms:
14
2.
Property and Scarcity
14
3.
Tragedy of the Commons
15
4.
Legal Perspective
15
5. Why is the rule of law important in Property
16
6.
Libertarians, Progressives, and E ciency Theorist view of
property
17
7.
Purpose of Property
18
8.
Issues and Concerns
18
B. Theories of Property
1.
First Possession
19
2. Labor Theory
19
3.
19
Utilitarian / Economic Theory
a)
Maximise Societal Happiness
b)
Law and Economics Approach
c)
Harold Demsetz's Theory of Property Rights
d)
Basic Features of Property System
4.
Democracy
22
5.
Personhood
23
C. Legal Theories on Property
1.
Natural Theory
24
2.
Legal Positivism
24
a)
Property rights are de ned by law.
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Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
3.
b)
Formal institutions protect property rights.
c)
Property rights are not absolute.
d)
Property rights evolve as law changes.
Property as Law of Things
4.
a)
In Rem
b)
Distinguished from In Personam
c)
Property as Notice
d)
The Duty to Keep O
Right to Exclude
5.
a)
William Blackstone
b)
The Primacy of the Right to Exclude
c)
Exception to the Right to Exclude
Bundle of Rights
25
28
30
D. Property under the Civil Code
1.
Part of Civil Law
32
2.
Rights Over Things
32
3.
Kinds of Property
32
a)
As to Ownership
(1) Res Nullious
(2) Sole Ownership
(3) Common property
(4) Public Dominion
(5) Private Dominion
b)
As to Physical Characteristics
(1) Immovable Property (Real Property)
(2) Movable Property (Personal Property)
(3) Importance of Distinguishing Movable from Immovable
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Discussion Guide in Property and Land Law
II. OWNERSHIP
A. In General
B. De nitions
1. In its strict sense
38
2. Exercise of Rights of Ownership under Art. 427 of the Civil Code
39
3. Meaning of Title
39
C. Rights in Ownership
1. Right to Exclude
40
a) In General
b) Right to Exclude under the Civil Code (Art. 429, NCC)
c) Right of Enclosure and Fences (Art. 430)
d) Self-Help
e) Exception
f)
Resort to judicial process if possession is lost
2. Right to Use
41
a) General Statement under Art. 428 of the Civil Code
b) Exceptions:
c) 1987 Constitution, Article XII, National Economy and
Patrimony
(1) Use of Property Has a Social Function
(2) Distributive Justice
3. Right to Transfer
43
a) In General.
b) Art. 428 of the Civil Code
c) Kinds of Transfers
4. Right to Vindicate
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Discussion Guide in Property and Land Law
a) In General
b) The Role of Courts
D. Proving Ownership
1. Standard of Proof
45
2. Titles
46
3. Possession
46
4. Adjudication or Con rmation of Titles
47
5. Control and Community Recognition of Claims
47
III. CO-OWNERSHIP
A. In General
B. Incidents of Co-ownership
1. General Rule
48
2. On Right to Use
48
3. On the Right to Exclude
49
4. On the right to Transfer
49
5. On the Right to Vindicate
49
C. Obligations of Co-Owners
D. Right to Partition
1. Incidents
49
2. Exception to Right of Partition
50
3. E ect of Partition on Third Persons (Art. 499)
50
4. Partition in Relation to Succession
50
5. Warranty
51
E. Right of Redemption
F. Renunciation of Shares
G. Special rules on co-ownership of buildings with di erent Stories
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Discussion Guide in Property and Land Law
IV. MODES OF ACQUIRING OWNERSHIP
A. Original and Derivative Modes
B. Acquisition by Direct Transfers or By Operation of Law
C. Occupation
1. De nition
55
(1) Republic Act No. 9147 (Wildlife Resources Conservation
Act and Protections Act)
(2) Republic Act No. 8550 (The Philippine Fisheries Code as
amended by Republic Act No. 10654)
2. Conditions for Acquisition of Ownership by Occupation
57
3. What are Res Nullius?
57
a) De nition
b) Animus Revertendi
c) Res Alicujus
4. Special Rules
D. Donation
1. De nition
59
2. Kinds
59
a) Simple Donation
b) Remuneratory
c) Conditional
d) Onerous Donation
3. Essential Elements
61
4. Formalities
61
5. Capacity
61
a) Who may give donations or receive donations
b) Who may accept donations?
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Discussion Guide in Property and Land Law
5. Revocation/Reduction of Donations
62
a) What is revocation?
b) Revocation by the Donor for Non-ful llment of a Condition
(Article 764)
c) Revocation Due to Ingratitude (Article 765)
d) Subsequent Birth of Children (Article 760):
e) Incapacity of the Donor at the Time of the Donation (Article 739):
f)
Presence of Legal Grounds Speci ed in the Deed:
g) Mutual Agreement:
F. E ects of Donations and Limitations
63
G. Accession
1. Basic Principle
64
2. Under the Civil Code of the Philippines
64
3. Types of Accession
65
(1) Accession Discreta
b) Accession Continua
4. Accession in Immovable Property
66
a) Rules on Accession in Immovable Property
b) Rule on Builder, Planter, and Sower on Lands of Another
(1) Builder, Planter, and Sower in good faith (Art. 448, NCC)
(2) Builder, Planter, and Sower in bad faith (Art. 449/450, NCC)
(3) Both owner and BPS are in bad faith (Art. 453, NCC)
(4) Rule when a land owner uses materials of another (Art. 477,
NCC)
2. Rules on Accession in Movable Property
a) General Rule
b) De nition of Principal
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Discussion Guide in Property and Land Law
c) Rules on Accession on Movable Property
d) Rule on Acquisition if there is Bad Faith (Art. 470, NCC)
e) Ownership of Materials Used
H. Succession
69
I.
69
By Contract, Sale, Barter, Exchange, Tradition
J. Prescription
69
V. POSSESSION
A. De nitions
1. Possession in General
69
2. Actual Possession
70
3. Acquisitive Prescription
70
4. Adverse Possession
70
5. Bona de Possession
70
6. Constructive Possession
70
7. Exclusive Possession
71
8. Hostile Possession
71
9. Notorious Possession
71
10. Extinction Prescription
71
11. Peaceable Possession
71
B. How is Possession Exercise
C. Acquisition of Possession
1. How possession is acquired (Art. 531)
71
2. Who can acquire possession
72
D. Loss of Possession
1. General Rule (Art. 554)
75
2. Presumptions
75
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Discussion Guide in Property and Land Law
E. E ects of Possession
F. Hostile Possession
1. Concept
77
2. Rule upon Recovery of Possession by the Lawful Owner
78
a) Reason for the distinction between possessor in good faith
and in bad faith
b) When the Adverse Possessor is in Good Faith
(1) De nition of Good Faith
(2) Mistakes as to a “question of law” may be a basis of good
faith (Art. 526)
(3) Good faith is presumed, and bad faith has to be proved
(Art. 527).
(4) Good faith is lost upon knowledge of the facts (Art. 528)
(5) E ects of Possession in Good Faith
c) Possession in Bad Faith
(1) De nition
(2) E ects of Possession in Bad Faith
(c) Removal
(d) Liability
3. Acquisitive and Extinctive Prescription
a) Adverse Possession
b) Prescription
c) Kinds of Acquisitive Prescription
(1) Ordinary Acquisitive Prescription
(2) Extraordinary Acquisitive Prescription
d) Period of possession required
(1) Ordinary Prescription
(2) Extra-ordinary Prescription
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Discussion Guide in Property and Land Law
e) Rules on Prescription
(1) Properties that can be acquired by prescription
(2) Tacking of possession
(3) Rule on Computing time (Art. 1138, NCC)
(4) Interruptions
(5) Movables possessed through a crime can never be
acquired through prescription by the o ender. (Art. 1133,
NCC)
VI. TRESPASS, NUISANCE, INTERFERENCE, AND THE RIGHT TO
VINDICATE
A. Distinguish Trespass from Nuisance
B. Trespass
1. Concept
86
2. Cause of Action
87
3. Remedies in Trespass in Real Properties
87
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Civil Action for Recovery of Possession
d) Acción Publiciana
e) Recovery of Ownership and Possession
f) Writ of Possession
g) Eviction and Demolition under Republic Act No. 7279 (Urban
Development and Housing Act of 1992)
4. In Personal Property
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Replevin
C. Nuisance
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Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
1. Concept
93
2. Under the Civil Code:
94
3. Nuisance according to the object or objects that it a ects (Art.
695, NCC) - Public and Private Nuisance (Art. 695, NCC)
94
4. Nature
94
a) Per Se
b) Per Incidens
5. Easement against nuisance
95
6. Remedies
95
a) Prosecution under the Penal Code
b) Civil Action
c) Abatement without judicial proceeding
(1) Public Nuisance by O cers of the Law(Art. 700-703)
(2) Public Nuisance by Private Persons (Art. 704)
(3) Private Nuisance by Private Persons (Art. 706)
7. Torts and Damages
96
a) A private nuisance is a civil wrong
b) A public nuisance is a criminal wrong
c) Private Nuisance as Tort
D. Tortious Interference
E. Quieting of Title
VII. LIMITATIONS OF OWNERSHIP
A. Injurious Use
1. General Rule
98
2. On Ruinous Buildings and Trees in Danger of Falling
99
B. Easements and Servitudes in General
1. De nitions
99
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Discussion Guide in Property and Land Law
a) In General:
b) Dominant Estate
c) Servient Estate
2. Kinds of Easements
100
a) Continuous or Discontinuous
b) Apparent or Non-apparent
c) Positive or Negative
d) Legal and Voluntary
3. Modes of Acquiring Easements
101
a) By Prescription
b) By Title
4. Rights and Obligations (Article 627-630)
102
a) Dominant Estate
b) Servient Estate
5. Extinguishment of Easements
102
6. Special Law: Presidential Decree No. 1096 (National Building
Code of the Philippines)
103
7. Easement of Right of Way
103
8. Easement of Party Wall
104
9. Easement of Light and View
105
10. Easement of Drainage of Buildings (Arts. 674-676)
108
11. Easement on Distances (Articles 677-681)
12. Easement on Nuisance (Arts. 682-683)
110
13. Easement of Lateral and Abjacent support (Arts. 684-687)
110
14. Easement relating to waters
111
C. Private Ownership vs. The State
1. Police Power
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Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
a) Land Use Regulations/Zoning
(1) In General
(2) Land Use Regulation
(3) Zoning
(4) Devices used
(5) Laws on Land Use in the Philippines
b) Environmental Laws, Rules and Regulations
(1) In general
(2) Property and Ecology
(3) Theories
(4) Environmental Laws in the Philippines
2. Eminent Domain
119
3. Taxation
119
VIII.USUFRUCT
A. De nition:
B. Rights and Obligation of the Owner
C. Rights of Usufructuary
D. Obligation of the Usufructuary
E. Extinguishment of Usufruct
IX. READINGS
X. CASES
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Discussion Guide in Property and Land Law
I. INTRODUCTION
A. What is Property?
1. In general terms:
•
Property is the legal framework that governs the control and
disposition of scarce resources among people. It encompasses
a set of claims that individuals have in resources, which correspond
to duties of respect from others. Property de nes the rights
individuals have to control and derive value from resources in the
world.
•
It is a broad term that encompasses the rules governing people's
access to and control of various things, such as land, natural
resources, means of production, manufactured goods, and
intellectual products like texts, ideas, and inventions.
•
Ownership is a crucial aspect of property, referring to the power an
individual has to control the property they own. It includes rights
such as the right to exclude others, use the property, and transfer it
to others. Ownership entails a bundle of entitlements and
responsibilities.
•
Property regulation plays a crucial role in managing con icting
rights of access to resources. A property system established by
legal institutions like the legislature and the courts must resolve
con icts among property rights holders to reconcile incompatible
entitlements. This is achieved through the “rule of law,” ensuring fair
and just resolution of property-related disputes.
2.
Property and Scarcity
•
Property addresses the scarcity problem by allocating resources
and restricting access to things in short supply. There could be no
property in abundant things.
•
When there is a scarcity of resources, the available resources are
limited compared to the demand or need for them. In such
situations, property arises to allocate and manage those scarce
resources.
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•
Property rights allow individuals or entities exclusive control over a
resource, whether it is land, money, or other assets. This exclusivity
incentivizes individuals to invest in and use resources ef ciently, as
they can bene t from their ownership. Without property rights, there
would be no clear ownership or control over resources, leading to
inef ciency, con ict, and a lack of incentive for individuals to invest
in or maintain those resources. Therefore, the concept of property
emerges as a means to address the challenges posed by resource
scarcity.
•
Hunter-gatherers did not consider land to be property since there
was no shortage of land. Agrarian societies later made arable land
property, as it was scarce. For something to be economically
scarce, it must necessarily have the exclusivity property—that use
by one person excludes others from using it.
•
Read Demzeth
3.
Tragedy of the Commons1
4.
•
A situation where there are no property rights in the community
•
The tragedy of the commons is a concept in economics that
refers to a situation where individuals, acting independently and
rationally, deplete a shared resource, leading to its degradation
or depletion.
•
It highlights the con ict between individual self-interest and the
common good. The term "commons" refers to any resource
owned or used collectively by a group of people, such as a
pasture, shery, or airshed. When individuals pursue their selfinterest without considering the long-term consequences, the
shared resource can become overexploited or destroyed,
ultimately harming everyone involved.
Legal Perspective
•
Property is an entitlement to resources protected by legal
institutions
•
Lawyers, however, understand property as legal relations among
persons concerning things. Some scholars deem property a natural
1Garret Hardin, Tragedy of the Commons, 162 Science 1243 (1968)
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Discussion Guide in Property and Land Law
right, while others view it as a package of legal entitlement.2
Property is also conceptualized as a framework for the “interaction
of persons in society” and the foundation and infrastructure of
private law. 3
•
Property laws delineate the rights people have to control and derive
value from resources in the world. Property laws tell us what is
mine and what is not mine. Without rules about this, the world will
be a chaotic and probably quite violent place to live in.
•
The concept of property is reserved for a legally protected
entitlement. A thing is not property in the legal sense unless its
holder can vindicate their rights in the court of law.
•
Property as an institution embraces these many forms, and
different societies have various mixtures of these forms.
5. Why is the rule of law important in Property
•
Protection of rights: The rule of law ensures that property rights
are protected and enforced, providing a legal framework for
individuals to own, use, and transfer property.
•
Predictability and stability: The rule of law establishes clear
and consistent rules and procedures for property transactions,
providing predictability and stability in property ownership and
investment.
•
Fairness and equality: The rule of law ensures that property
laws are applied fairly and equally to all individuals, preventing
arbitrary actions and discriminatory practices.
•
Economic development: Secure property rights encourage
investment, entrepreneurship, and economic growth, contributing
to overall economic development.
•
Social order and stability: Property rights and the rule of law
promote social order and stability by reducing con icts and
fostering a sense of community and cooperation.
2 Joseph W. Singer, Property as the Law of Democracy, 63 Duke L. J. 1287 (2014)
3 Property as the Law of Things, 125 HARV. L. REV. 1691 (2012)
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Discussion Guide in Property and Land Law
6.
Libertarians, Progressives, and E ciency Theorist view
of property
•
Property presents us with a complex coordination problem. Property
concerns scarce resources, and because people want to use
resources for their various purposes, we need a way to allocate
them, especially use rights. We need to manage the complexity of
human interactions. When resources are scarce, creating rules
about property use is bene cial; however, such rules are also costly
to create, de ne, and enforce. It is argued that the focus of property
law is to minimize the cost of information we need to gure out who
gets to do what with what thing.4
•
Property rights and the market are crucial in achieving the best use
of resources.
•
Incentives for Ef cient Resource Allocation: Property rights give
individuals or entities exclusive ownership and control over
resources. Individuals with secure property rights are incentivized
to use their resources ef ciently and make the most of them.
They can make decisions based on their self-interest, which often
leads to the optimal allocation of resources.
•
Market Mechanism: The market acts as a decentralized system
where buyers and sellers interact to exchange goods and
services. The market signals the scarcity and value of resources
through the price mechanism. When property rights are wellde ned and enforced, individuals can freely buy, sell, and trade
resources in the market. This allows for the ef cient allocation of
resources based on supply and demand.
•
Competition and Innovation: Property rights and the market foster
competition among individuals and businesses. Competition
incentivizes ef ciency, productivity, and innovation. When
resources are privately owned, individuals and businesses
compete to offer better products or services at competitive prices.
This competition drives continuous improvement and innovation,
leading to the best use of resources.
•
Resource Valuation and Investment: Property rights enable
individuals to assign value to their resources and make informed
4 See Thomas W. Merril & Henry E. Smith, What Happened to Property in Law and Economics,
111 YALE L. J. 357, 380 (2001)
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Discussion Guide in Property and Land Law
investment decisions. When individuals own property, they can
assess its potential value and decide how to allocate their
resources effectively. This valuation process helps identify the
most productive uses of resources and encourages investment in
areas that generate the highest returns.
7.
Purpose of Property5
•
The institution of property provides an effective way of managing
society’s resources. - Decentralisation in managing resources and
permits owners-managers to specialize in developing the
knowledge and skills pertinent to their particular resources.
•
It provides a powerful set of incentives for people to invest in and
effectively manage resources they control. This is what they call
reaping what you sow.
•
Facilitates the making of contracts regarding the use and control of
resources. - Necessary for the exchange of property rights, we
know who uses and controls the resources.
•
It is a source of individual autonomy - private individuals control the
direction of their lives because they have the means critical to
personal identity or the development of individual personality.
•
It is important to the preservation of liberty and a source of
countervailing power to the power of the State. With private
property, individuals can organize opposition if the government
controls all the resources, which is autocracy.
8.
Issues and Concerns
•
Private property systems are self-perpetuating, as individuals can
make decisions about using and distributing their property without
centralized control. This can lead to a wide distribution/
fragmentation of resources or its concentration in a few hands.
Some argue that this lack of responsibility for the overall distribution
of resources is an advantage of private property systems, as it
allows for individual autonomy and freedom. Still, it may also result
in social inequality and the marginalization of certain groups.
Thomas W. Merril and Henry E. Smith, The Oxford Introduction to U.S. Law: Property, Oxford
University Press, 2010
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Discussion Guide in Property and Land Law
Concentration of resources may result in property owners excluding
others from using and enjoying resources that he/she owns.
•
The commodi cation of values and social relations is also affected
by property. The more we extend the sphere of property, the more
we think about the world in terms of owner-object relations.
B. Theories of Property
•
All ve theories help form the foundation of property law.
•
No one theory is accepted as the only justi cation for property
1.
First Possession
•
Rules of rst possession regulate the competitive process of
acquiring unowned resources.
•
It is the allocation of property rights to the rst possessor.
•
•
Intended to reduce con ict and unnecessary competition;
•
It is much less wasteful of resources if a clear winner emerges
early on in the process of appropriation;
•
Notice to others that a claim is being asserted is important for #2;
the lack of notice might lead others to compete with the original
hunter;
•
The result of rst possession is private property
Rule on Discovery - the thing is awarded to those who
claimed the resources
rst
2. Labor Theory
•
John Locke believes that each person is entitled to the property
produced through labor. Locked argued that when a person mixed
his labor with unowned natural resources, he acquired property
rights. Before labor was added, the thing had no value; once labor
is mixed, the thing becomes private property.
•
It is more applicable in areas without established ownership, i.e.,
British colonization of North America.
3.
Utilitarian / Economic Theory
a)
Maximise Societal Happiness
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•
We recognized property to maximize the overall happiness of
society and best promote all citizens' welfare. (Jeremy Bentham)
b) Law and Economics Approach
•
c)
An ef cient method of allocating valuable resources to maximize
one particular face of social happiness and wealth, measured in
currency. Property exists to ensure that owners ef ciently use
resources - that is, in a manner that maximizes economic value,
de ned as a person’s willingness to pay.
Harold Demsetz's Theory of Property Rights 6
•
Property is an institution for “internalizing externalities”
associated with the use of scarce resources. An externality is
some bene t or cost generated by one person’s activity that is
involuntarily bored by some other person.
•
The Demsetz theory posits that another way of internalizing
externalities associated with the use of resources is by
establishing property rights in the resources. Property rights, as
Demsetz understood them, are rights to exclude others from
speci c things or resources. By creating such exclusion rights
and converting them on an identi ed owner, the owner will bear
many of the bene ts and costs associated with using the
resource - which otherwise would be experienced as externalities
by the others - instead. By giving the owner exclusive control
over the resource, decisions that affect the value of the resource
in a positive or negative direction will be captured by the owner.
•
The owner thus has a powerful incentive to consider these
bene ts and costs in deciding how to use the resource.
•
When property rights are assigned, it allows the different owners
to negotiate for the use or non-use of property. These market
transactions will ensure the most ef cient use of resources as
people will trade to get an advantage. Without property rights,
interested parties have no reference for negotiating the use of
the property.
•
In a more realistic world, there is a cost to assigning and
enforcing property rights – i.e., transaction costs. Because
Harold Demsetz, Toward a Theory of Property Rights, 57 AM. ECON. REV. PAPERS &
PROC. 347 (1967)
6
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Discussion Guide in Property and Land Law
assigning and enforcing property rights have a cost, property
rights will not be assigned unless the marginal bene t outweighs
the marginal cost of not assigning property rights. The marginal
cost of not assigning property rights is measured in terms of the
cost of the negative externalities that have not been internalized
through the assignment of property rights.
•
Demzeth uses the example of the fur trade in his article to
demonstrate the impact of the assignment of property rights. A
group called the Montagnes in Canada hunted fur in forests that
were communal property until the advent of the European fur
trade, which caused the price of furs to rise dramatically. Prior to
the European fur trade, the market value of animals was low
enough that there was little risk of overhunting in the Montagnes’
forests. Therefore, communal ownership was an ef cient means
of controlling the forests. The depletion of the stock of animals in
the forest was a potential externality of communal ownership.
However, the marginal cost of this externality was low because of
the low market value of the animals. When the fur prices rose
dramatically, the likelihood of depleting the animal stock also
rose, increasing the marginal cost of the excessive hunting
externality. Once the marginal cost of the externality exceeded
the cost of assigning and enforcing property rights to the forests,
the Montagnes began assigning property rights to the forest. The
result was the property owners husbanded the animal population
in the forests and ensured that hunting remained sustainable.
•
Setting Up of Institutions to Protect Property Rights
•
It is necessary to de ne resources subject to ownership,
specify how owners are identi ed, set up institutions to
resolve disputes over ownership, and devise mechanisms for
enforcing ownership rights.
•
If the costs of establishing and enforcing property rights
exceed the bene ts of internalization from establishing and
enforcing property rights, resources will remain in the
unowned (open-access) state. Thus, for a thing to be
governed by a property regime, the following should be
present:
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Discussion Guide in Property and Land Law
•
There must be enough demand for the resource relative to
its supply that internalization of externalities associated
with using the resource will produce signi cant bene ts.
•
If something is regarded as having no negative value, it is
also unlikely to be treated as property.
•
Property in a given resource class is unlikely to exist if
there are “high costs of establishing and enforcing” such
right. Some assets are easier to delineate and enforce as
property than other assets.
d) Basic Features of Property System
For an economy to reach its full potential, there are three (3) basic
features that its system of property rights must have 7:
(1) Universality
• All valuable, scarce resources must be owned by someone.
An economy where certain resources cannot be used by the
community would be smaller than the same economy where
these resources could be used.
(2) Exclusivity
•
If an owner cannot exclude others from the use and enjoyment of
the property, then the owner has no incentive to improve the
property.
(3) Transferability
•
4.
The more ef cient person should be allowed to acquire the
property of the less ef cient one for mutual bene t. The right to
transfer is vital for ef ciency in our market economy because it
helps ensure that properties are devoted to their most valuable
use.
Democracy
•
Property rights are closely linked to individual liberty and freedom. It
allows individuals to use, enjoy, and dispose of their property as
they see t, without interference from the government or other
individuals. This freedom to own and control property is a
Howard Gensler, Property Law as an Optimal Economic Foundation, 35 Washburn L.J. 50,
51-52 (1995)
7
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fundamental aspect of personal autonomy, which is important in a
democracy.
•
5.
In a state where private property does not exist, citizens depend on
the government's goodwill. They come to the state as beggars
rather than rights holders. In this sense, a right to private property,
free from government interference, is necessary for a democracy.8
Personhood
•
Georg Hegel - argues that property is necessary for an individual’s
personal development. Each person has a close emotional
connection to certain tangible things, which virtually become part of
oneself.
•
Margaret Jane Radin - the gauge of the strength or signi cance of
someone’s relationship with an object by the kind of pain that its
loss should occasion; pain that cannot be relieved by a simple
object’s replacement; because of this connection to the property,
the owner should be accorded a broad liberty with respect to
control of that thing. This deep attachment between a person and
their property arises through the signi cance of things constituting
memories, actions, individuality, and plans.
•
Claim rights and Exclusion of Personhood Property: This implies
that the owner can exclude others from accessing and using their
personal objects. The inviolability and sanctity of property-forpersonhood emphasize the centrality of exclusion rights rather than
just prohibiting harm to the object.
•
Personal property, as part of a person's identity, is not freely
exchangeable for functional equivalents or its market price. While
this does not mean that alienation should be legally prohibited for
such items, it is clear that powers of alienation are not an essential
part of property-for-personhood. The owner's attachment to the
object and its signi cance to its identity makes it distinct from a
commodity that can be freely exchanged.
•
All things equal, a right to personhood should be prioritized over a
con icting claim by the owner of non-personhood property. 9
8
Cass R. Sunstein, On Property and Constitutionalism, 14 Cardozo L. Rev. 907 (1993)
9
Margaret Jane Radin, Property and and Personhood, 34 Stan. L. Rev. 957 (1982)
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C. Legal Theories on Property
1.
Natural Theory
•
A philosophical system of legal and moral principles purportedly
deriving from a universalized conception of human nature or divine
justice rather than from legislative or judicial action; moral law,
embodied in the principles of right and wrong.
•
Thomas Aquinas concludes that, given speci c detailed provisions:
2.
•
it is natural for man to possess external things
•
it is lawful for a man to have a thing as his own
•
the essence of theft consists of taking another's thing secretly
•
theft and robbery are sins of different species, and robbery is a
more grievous sin than theft
•
theft is a sin; it is also a mortal sin
•
it is, however, lawful to steal through stress of need: "In cases of
need, all things are common property."
Legal Positivism
a)
Property rights are de ned by law.
•
The theory is that legal rules are valid only because they are
enacted by existing political authority or accepted as binding in a
given society, not because they are grounded in morality or natural
law.
•
The State thus de nes property rights.
b)
Formal institutions protect property rights.
•
Property laws delineate the rights people have to control and
derive value from resources in the world. For legal scholars, we
use property to refer to entitlements to resources protected by
formal legal institutions. 10
•
Property laws tell us what is mine and what is not mine. It is
reserved for a legally protected entitlement.
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•
A thing is not property in the legal sense unless its holder can
vindicate their rights in the court of law.
•
Property is closely related to the rule of law.
c)
Property rights are not absolute.
•
Property laws are devoted to reconciling disputes between
different owners or between an owner and the community.
d) Property rights evolve as law changes.
•
3.
A core value of our property system is stability of title - the
concept that property rights should be certain and predictable.
But the nature and scope of property do evolve slowly over time,
as chasing economic, technological, and social conditions
gradually reshape the law. i.e., the traditional notion that a land
owner held title to all the airspace above her land - the invention
of the airplane ended the conventional concept.
Property as Law of Things
a)
In Rem
•
The Latin expression for this is that property rights are “in rem,”
which comes from the word res or things, indicating that property
rights pertain directly to things rather than people. It is universally
binding on all who encounter the object. In rem rights bind the
world, not just the particular pair of parties.
•
Property, in the broadest sense, is a set of claims that people
have in resources that correspond to duties of respect from
others. It is “in rem” because the right attaches to the object
rather than to particular people; it is universally binding on all who
encounter the object.
b)
Distinguished from In Personam
•
In Contracts, for instance, rights are created by particular
agreements between particular persons, which creates
obligations binding on these persons concerning each other and
no one else. These personal rights are binding only on the
parties to the contracts.
•
Personal rights do not exit automatically as a matter of law. They
are only created when persons engage in certain acts that make
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obligations speci ed by the contract and are binding only on
parties to the contract.
c)
Property as Notice
•
Property law comes in a standard set of forms. It serves as notice
to everyone, depending on the physical nature and character,
and the property's location on how to behave. The in rem aspect
of property gives information to a large and inde nite audience
on how to interact with each other about the thing.
•
Property needs to be generally stable and give the broadest
possible audience proper notice. Achieving generality, stability,
and notice requires managing information: facilitating
coordination on this scale involves simplicity and a degree of
formalism precisely because the audience is in rem.11
•
Property is considered as notice because its ownership and
possession act as a visible indication or signal to others that
someone claims the property and that they should respect the
rights associated with it. In legal terms, property serves as
constructive notice to the public about its rights and interests
associated with an object. This means that anyone who interacts
with the property is deemed to know the rights and claims related
to it.
•
Constructive Notice Constructive Notice: Constructive notice,
also known as imputed notice, is a legal concept that assumes a
person knows a fact or information even if they have not been
directly informed or are aware of a fact. It is based on the
principle that speci c actions or circumstances are suf cient to
put a person on notice. They are expected to know because the
information is made available to the public or when speci c legal
requirements are met, such as recording a document in a public
registry, publishing a notice in a newspaper, posting a sign in a
public place, or registering a title.
•
As mentioned, constructive notice primarily revolves around
the recording or registering of documents, such as deeds,
mortgages, or liens, in a public registry. By recording these
documents in a public registry, it is presumed that anyone who
11 Henry E. Smith, The Language of Property: Form, Context, and Audience, 55 STAN. L. REV.
1105, 1148–57 (2003).
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subsequently deals with the property is deemed to have
notice of the information contained in those recorded
documents.
•
The primary mechanism for establishing constructive notice is
by recording or registering property-related documents. These
documents are typically submitted to a government of ce
responsible for maintaining public records. The recorded
documents become part of the public registry, accessible to
anyone who wishes to inquire about the property's status or
review the recorded information. The public registry provides
a centralized location where individuals can search for and
discover relevant information regarding the property. Once a
document is correctly recorded in the public registry, it is
presumed that any subsequent purchaser or interested party
is deemed to have notice of the information in those recorded
documents. Even if an individual claims they were unaware of
speci c facts or rights related to the property, the law holds
them responsible for any information in the public registry.
•
Typically, when the law creates a property registry, changes in
the information in the registry are required to effect changes in
the legal ownership of the registered property to establish a
clear and secure record of property ownership, provide
conclusive evidence of ownership, protect the rights of the
new owner, give notice to third parties, and ensure legal
enforceability of rights and obligations. An excellent example
of this recording system in the Philippines is the Torrens
System of Land Registration and the Motor Vehicle
Registration Law.
•
In rem proceeding and the jurisdiction of the court over a
thing. In rem proceeding allows a person to place some things
under the court's authority, which will, after providing all
interested claimants the required notice and opportunity to be
heard, make a de nitive adjudication of who owns the thing.
•
To comply with the constitutional requirement under the “due
process clause” providing proper notice to all interested parties,
the plaintiff usually needs to inform all known parties of interest
by a reasonably reliable summons. This includes parties
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interested in the property or may be affected by the outcome of
the proceedings.
•
However, the most used method of providing “notice to the world”
or notice to those not directly interested in the property is "notice
by publication" in a local newspaper. This involves publishing a
notice in the newspaper multiple times over several weeks.
Publication in a newspaper is aimed at reaching potential
claimants and informing them of the pending legal action since
the effect of the judgment will bind everyone.
•
Publication may not be the most effective notice for all potential
claimants. However, it is often used due to a lack of alternative
means to communicate or notify the community. A governmentcreated internet forfeiture site has been suggested as a more
direct and accessible means of providing notice.
d) The Duty to Keep Off
•
4.
Right to Exclude
a)
12
On the other side of the owner’s right to exclude, use, and
transfer properties, it is the duty of the other members of society
to keep off and respect such rights unless the owner has
permitted the entry or use of the thing. The duty to keep off thus
refers to the responsibility of individuals to refrain from entering
or using someone else's property without permission or legal
right. This duty is based on the principle that property owners
have the right to exclusive possession and control of their
property, and others should respect those rights.
William Blackstone12
•
According to Blackstone, property is “the sole and despotic
dominion which one man claims and exercises over the external
things of the world, in total exclusion of the right of any other
individual in the universe.”
•
Arguably, it is one of the most signi cant and essential elements
in de ning our understanding of what constitutes property.
Historically, the right to exclude concerns the relationship
between people concerning things, “such that the so-called
William Blackstone, Commentary on the Laws of England
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owner can exclude others from certain activities or permit others
to engage in those activities and either case secure assistance of
the law in carrying out this decision.” But, from a present-day
perspective, the right has evolved beyond the legal constructs of
traditional property law to encompass legal entitlements and
bene ts possessed by one person over another, irrespective of
the legal relationship between such person and the thing in which
the right is claimed.
b) The Primacy of the Right to Exclude13
c)
13
•
Give someone the right to exclude others from a valued
resource, and you give them property. Deny someone the
exclusion right, and they do not have property.
•
Suppose one starts with the right to exclude; it is possible to
derive most of the other attributes commonly associated with the
property by adding relatively minor clari cations about the
domain of the exclusion right. On the other hand, if one starts
with any other property attribute, one cannot derive the right to
exclude by extending the domain of that other attribute; instead,
one must add the right to exclude as an additional premise.
•
The right to use is an essential attribute of property closely
associated with the right to exclude. At its core, the gatekeeper's
right is his right to determine who has the right to use the
resource resources by exercising the power of exclusion and
inclusion. But the right to exclude cannot be derived from the
right to use.
•
To determine whether or not someone who has the right to
transfer resources also has a general right to exclude others from
the resources, we need to know additional information about the
scope of their powers, speci cally whether they are owners. The
right to transfer, by itself, cannot lead us to this further
information about which incidents of property the transferor
enjoys.
Exception to the Right to Exclude
Thomas W. Merrill, Property and the Right to Exclude, 77 Neb. L. Rev. (1998)
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5.
•
It is generally considered unlawful to enter another person's
land without permission. However, there may be exceptions to
this rule:
•
Necessity - when a person is in danger, and the only way to
save himself is to enter a private property
•
Easements - An easement is a legal right to use someone
else's property for a speci c purpose, even though you don't
own the property. An example is a road right of way or an
easement to access and maintain electric power lines.
•
Public Accommodation and Anti-discriminatory Laws - antidiscrimination laws also prohibit businesses and
establishments that provide goods or services to the public
from excluding individuals based on protected characteristics.
This restriction on exclusion ensures equal access and
prevents discrimination in public spaces. In the Philippines,
RA No. 7277, or the Magna Carta for Disable Person, is an
example of a public accommodation statute as the law
prohibits discrimination in public accommodation and service
use. The Anti-Discrimination Bill, which is more expansive as
it includes discrimination because of race, sex, or sexual
orientation, is yet to be passed by Congress.
Bundle of Rights
•
Property as Bundle of Rights
•
This school of thought denies the existence of any essential core
to the concept of property. Instead, the property is just a word
denoting a bundle of rights or, more metaphorically, a bundle of
sticks - in which each stick (whether it be a right or privilege) can
be added or removed without necessarily changing the
characterization of the bundle as property.
•
The Legal Realist movement that started in the 1920s advanced
this alternative view to debunk the notion of property as a natural
high protected by the Constitution against fundamental reform.
•
Trinity of Rights - to exclude, to use, and to transfer de nes the
core property.
•
The law shifted from giving the owner dictatorial control over who
and what to exclude or include and instead sought to prescribe
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rules about permissible and impermissible uses that constrain all
relevantly situated owners. Exclusion shoes off into governance.
•
Example: Countryside and Rights of Way Act (England and
Wales) - Many landowners in the United Kingdom have, in the past,
strongly defended their property rights. Even uncultivated and
unenclosed land was formerly heavily protected in some areas,
mostly to preserve the land owner's hunting or shing rights. This, in
turn, left the general public with little access to natural areas. The
Act implements the so-called "right to roam" (also known as jus
spatiandi) long sought by the Ramblers' Association and its
predecessors in certain upland and uncultivated areas of England
and Wales. The act refers to “mountain, moor, heath and down”
areas in addition to registered common land; not all uncultivated
land is covered. The Ramblers' Association works to increase
walkers' rights in the United Kingdom and has been a driving force
behind the recent legislation increasing the public's access to the
wilderness.
•
Perspective and Analysis14 - “At least since Blackstone, property
rights discourses have been plagued by absolutism, the notion that
the right of property should be de ned as the “sole and despotic
dominion” over the res, to the “total exclusion of the right of any
other individual in the universe.” Property professors and courts
generally refer to the collection of rights that private property owners
enjoy vis-a-vis other landowners and the public as a “bundle of
sticks” in an attempt to render rather abstract concepts more
concrete. The prevailing metaphor, however, lends itself to a
formalistic, absolutist conception of these interests, implying that the
stick, such as the right to devise or the right to convey, are things…
therefore the composition of the bundle must be an immutable and
essential state of affairs. In contrast, many scholars insist that
property rights are neither static nor absolute. The recognition of
private property interest involves tradeoffs with community values
and egalitarian goals; therefore, the exact composition of the bundle
of sticks must be recognized as a mediation between these
interests.
Sparkling and Coletta, Property - A Contemporary Approach, 2nd Edition, West (2012), p.
65-66
14
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D. Property under the Civil Code
1.
Part of Civil Law
•
2.
Family law; Contracts and obligations; Property Law; Succession,
estate, probate, and testamentary laws; Agency; Law of Torts
Rights Over Things
a)
Things and Property Distinguish
b)
Rights as Property
(1) Real Rights - Real rights are also known as rights in rem or
rights in property. These rights are attached to a thing or
property rather than a person. These rights are enforceable
against the whole world, meaning they can be asserted against
anyone who interferes with the rights. Real rights include
ownership, possession, pledge, usufruct, mortgage, and
easements/servitude.
(2) Personal Rights - Rights in personam are speci c legal rights
granted to a particular person or party in a contractual or legal
relationship. These rights are enforceable against a speci c
individual or individuals. Rights in personam are typically
associated with the law of obligations, such as contracts and
torts, where rights are held against a speci c person, such as a
promisor, trustee, or tortfeasor.
3.
Kinds of Property
a)
As to Ownership
(1) Res Nullious
In legal terms, it refers to objects or property that are not yet the
object of rights of any speci c subject and are considered
ownerless property. These objects or things can be acquired
through a legal concept called occupation, which means taking
possession or occupation of the property.
(2) Sole Ownership
A legal concept that refers to the complete ownership and
control of a property or asset by a single individual or entity. In
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sole ownership, one person has exclusive rights to use, sell,
transfer, or make property decisions without interference or
shared ownership with others.
(3) Common property
It refers to property owned by multiple entities (collective
ownership) or individuals (co-ownership). It typically involves
shared ownership and control over the property. In common
ownership, each owner has a percentage or share of the
property, and decisions regarding the property are typically
made jointly by all owners.
(4) Public Dominion
It refers to properties, assets, or resources owned and
controlled by the State and intended for the general public's
bene t and use. Public domain properties are controlled and
managed by government agencies or public institutions. In the
Philippines, for example, natural resources are managed by the
Department of Environment and Natural Resources (DENR),
with speci c bureaus sometimes exercising direct control and
supervision on particular types of resources such as land,
minerals, forestry, and national parks.
i)
Property intended for public use (Art. 420, par. 1, NCC)
ii)
Property for public service (Art. 420, par. 2, NCC)
iii) Property for the development of national wealth (Art. 420,
par. 2, NCC)
iv) Patrimonial property (Article 421, NCC)
(5) Private Dominion
All properties belonging to private persons, either individually or
collectively (Art. 425, NCC)
i)
Sole Ownership
ii)
Co-ownership (Simple, Partnerships, Corporations, and
other forms of multiple ownership)
b) As to Physical Characteristics
(1) Immovable Property (Real Property)
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(a) Enumeration of Immovable Property (Art. 415, NCC)
(b) Classes of Immovable Property
i)
Immovable by nature - paragraphs 1 and 8
ii)
Immovable by incorporation - paragraphs 2,3,4 and 6
iii) Immovable by destination - paragraphs 4,5,6,7 and 9
iv) Immovable by analogy or by law - paragraph 10
(c) Extent of Ownership (Art. 437, NCC)
i)
Includes the surface and everything under it, and he can
construct any works or make any plantations and
exceptions which he may deem proper, without detriment
to servitudes and subject to special laws and ordinances.
He cannot complain of the reasonable requirement of
aerial navigation.
ii)
Minerals are not included; Article XII of the Constitution
iii) Republic Act No. 7942 (Philippine Mining Act of 1991)
(1) Section 76. Entry into Private Lands and Concession
Areas. - Subject to prior noti cation, holders of mining
rights shall not be prevented from entry into private
lands and concession areas by surface owners,
occupants, or concessionaires when conducting
mining operations therein, provided that any damage
done to the property of the surface owner, occupant, or
concessionaire as a consequence of such operations
shall be properly compensated as may be provided for
in the implementing rules and regulations: provided
further, that to guarantee such compensation, the
person authorized to conduct mining operation shall,
prior thereto, post a bond with the regional director
used on the of properties, the prevailing prices in and
around the area where the mining operations are to be
conducted, with surety or sureties satisfactory to the
regional director.
iv)
Commonwealth Act No. 141 (Public Land Act)
(1) Section 110. Patents or certi cates issued under the
provision of this Act shall not include nor convey the
title to any gold, silver, copper, iron, or other metals or
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minerals or other substances containing minerals,
guano, gum, precious stones, coal, or coal oil
contained in lands granted thereunder. These shall
remain to be the property of the State.
(2) The prohibition also applies to the lease of public lands
under Section 41. The lease of agricultural lands may
be canceled after notice if the said lands are more
valuable for mineral extraction.
(d) Hidden Treasures (Art. 438/439, NCC)
i)
Hidden and unknown deposit of money, jewelry, or other
precious objects (Personal Property), the lawful
ownership of which does not appear (Art. 439, NCC)
ii)
Belongs to the owner of the land/building (Principle of
Accession)
iii) If, by chance, 1/2 belongs to the nder but not when he is
a trespasser
iv) The State may acquire hidden treasure at their just price.
Ground: Science/Art
v)
Articles 719 and 720. If a movable item, not considered
treasure, is found, it must be returned to its original owner.
If the owner is unknown, the nder must immediately
hand it over to the mayor of the city or municipality where
it was found. The mayor then publicly announces the
nding for two consecutive weeks. If the item cannot be
preserved without causing deterioration or incurring
substantial costs, it must be sold at a public auction eight
days after the announcement. If the owner doesn't appear
within six months of the announcement, the nder is
entitled to the item or its value. Whoever takes the thing
may be required to cover expenses. If the owner does
appear in time, they must pay the nder one-tenth of the
value or price of the item found as a reward. Whoever
nds lost property and fails to deliver it to the local
authorities or to its owner may be guilty of theft under
Section 308 of the Revised Penal Code.
(2) Movable Property (Personal Property)
(a) Enumeration under Art. 416 and 417, NCC
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(b) Consumables or Non-Consumables under Art. 418, NCC
(c) Fungible or Non-Fungible
(3) Importance of Distinguishing Movable from Immovable
(a) Ownership Rights
i)
Statute of Limitations
ii)
Registration of ownership and interest in Property
Registries
(b) Taxation
i)
Real property Taxation
ii)
Taxation of Certain Movable Property
II. OWNERSHIP
A. In General
•
The right of ownership in property refers to the legal rights and
privileges of an individual or entity over a particular piece of property. It
includes the right to exclude others, possess the property, and use
and transfer it (constituent elements). This right is often described as a
bundle of rights the owner holds over the thing.
•
Ownership allows the owner to control and make decisions about the
property. These rights are protected by law and can vary depending on
the jurisdiction and type of property.
•
The right of ownership is a biblical concept. It is under
Commandment Number 8, "Though shall not steal,” in the Ten
Commandments. It comes after murder and adultery and precedes
lying and coveting.
•
The Mosaic laws, as described in the Ten Commandments or the laws
on takings in Exodus 22:1-15, as well as the host of other Levitical laws
throughout the rst ve books of the Old Testament, are all attempts to
de ne ownership legally. These laws provide guidance on how to
handle various situations related to personal property, borrowing,
lending, theft, and damage caused by animals or re.
1. Restitution for Borrowing and Lending (Exodus 22:14-15):
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•
If a man borrows anything from his neighbor and it becomes injured
or dies while the owner is not present, the borrower shall make full
restitution.
•
However, if the owner was with the borrowed item or if it was hired,
the borrower does not need to make restitution.
2. Restitution for Theft (Exodus 22:1-4, 7-13):
•
If a man steals an ox or a sheep and kills it or sells it, he shall repay
ve oxen for an ox and four sheep for a sheep.
•
If a thief is found breaking in and is struck so that he dies, there
shall be no guilt for his bloodshed.
•
If the stolen animal is found alive in the thief's possession, the thief
shall pay double.
•
If a man causes a eld or vineyard to be grazed over or lets his
beast loose to feed in another man's eld, he shall make restitution
from the best in his eld and vineyard.
•
If a re breaks out and consumes someone else's stacked grain,
standing grain, or eld, the one who started the re shall make full
restitution.
3. Restitution for Deposits (Exodus 22:7):
•
If a man gives money or goods to his neighbor to keep safe, and
they are stolen from the neighbor's house, he shall pay double if the
thief is found.
4. Restitution for Damage by Beasts (Exodus 22:10-13):
•
•
If a man delivers an animal to his neighbor to keep safe, and it dies,
is injured, or is driven away without anyone seeing it, an oath by the
Lord shall be between them to determine whether the owner put his
hand on his neighbor's property. If the owner accepts the oath, no
restitution is required. But if it is stolen, restitution shall be made to
the owner. If it is torn by beasts, it shall be brought as evidence, and
no restitution is required.
Hammurabi's Code, written around 1754 BCE, is one of the oldest
known legal codes in the world and provides some insights on
ownership to some extent. Hammurabi's Code recognizes private
property ownership and provides rules and regulations for property
sale, purchase, and inheritance. If someone sells property that belongs
to someone else, the buyer must return the property and receive
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Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
compensation. The code also addresses theft, fraud, and property
disputes, with punishments for thieves and fraudsters and rules for
resolving ownership disputes. It establishes regulations for land
ownership and agricultural practices, including the rights and
responsibilities of landowners and tenants. Additionally, the code
outlines rules for real estate contracts, including the sale, purchase,
and rental of houses and buildings, with provisions for eviction if a
tenant fails to maintain the property.
•
William Blackstone (English Jurist), an in uential jurist in the early
English legal system, viewed property and ownership as an inherent
right and third, after personal safety (right to be free from harm,
violence, or any form of physical aggression) and personal liberty
(freedom to act and make choices without under interference from the
government or other individuals). He considers private property as:
“The third absolute right, inherent in every Englishman, is that of
property: which consists in the free use, enjoyment and disposal of all
his acquisitions, without any control or diminution, save only by the
laws of the land.” He argues that the protection of property rights is
essential for the functioning of a free society. Blackstone adheres to the
preeminence of private property and posits that it should not be
violated, even for the general good of the community. He cautioned
against allowing any individual or public tribunal to judge what is
considered expedient for the common good, as protecting private rights
is crucial for the public good.
B. De nitions
1. In its strict sense
a) Property signi es dominion or inde nite right of user, control, and
disposition which one may lawfully exercise over particular things or
objects (63 Am Jur 2d).
b) Property comprises certain constituent elements, namely, the
unrestricted right of use, enjoyment, and disposal of the particular
resource.
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2. Exercise of Rights of Ownership under Art. 427 of the
Civil Code
a) Over Things - tangible objects like real and personal properties, but
not all objects can be subject to ownership; some things are not
subject to private acquisition, like properties of the public domain or
those objects that are regulated or restricted like rearms, illegal
drugs or other things that are prohibited by law for reason of public
safety or public welfare.
b) Over Rights - intangible assets such as patents,
copyrights,
trademarks, trade secrets, licenses, franchises, royalties, etc.
3. Meaning of Title
a) Titles are the foundation of ownership and the means whereby the
owner can maintain or assert his possession and enjoyment of a
property. It is the aggregate of legal rights a person enjoys under
the law about properties owned and possessed by persons.
b) A title is a bundle of rights in a property in which a party may own
either a legal or equitable interest. The rights in the bundle may be
separated and held by different parties.
(1) Legal Titles are titles or documents supported by public records
granting holders ownership rights.
(2) Equitable titles allow the holder to have some rights (possession
or recovery if legal title was lost) over a property, even though
they may not have legal title since the legal ownership belongs to
somebody else.
c) A title may also refer to a formal document that serves as evidence
of ownership. It is the evidence of a person’s right or the extent of
his interest in the property. For certain properties, such as land or
motor vehicles, registration of ownership in a public registry
provides public notice of ownership information.
d) Conveyance of the document may be required to transfer ownership
of the property to another person.
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C. Rights in Ownership
1. Right to Exclude
a) In General
•
Owners and possessors of property may exercise the right to
exclude or waive it by allowing others access. This right is very
broad, but it is not absolute, as legal rules limit this right in many
circumstances.
•
A disregard of this right by non-owners is called trespass.
Trespass requires a physical entry or occupation of the property.
•
However, there is no trespass if the entry is with consent,
justi ed by necessity, or allowed by public policy, i.e., reasonable
access to property open to the public.
b) Right to Exclude under the Civil Code (Art. 429, NCC)
•
The owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal of the thing.
c) Right of Enclosure and Fences (Art. 430)
•
Subject to servitudes and easements
d) Self-Help
•
Self-help in property law refers to taking matters into one's own
hands to enforce or protect one's property without involving the
legal system or the court to enforce one’s right. It can include
actions such as changing locks, removing personal belongings,
or physically evicting someone from a property. Self-help is
generally frowned upon in property law because it can lead to
physical con icts, violence, and a breakdown of the legal
system. It undermines the rule of law and can result in unfair
outcomes or the violation of someone's rights.
•
“Reasonable force,” on the other hand, is a legal concept that
pertains to the level of force a person can use in self-defense or
defense of others. It means using only the necessary and
proportionate force to protect oneself or others from harm.
Determining what constitutes reasonable force depends on the
speci c circumstances of each situation and is often evaluated
by legal authorities.
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•
In the Philippines, to justify self-help, there must be clear and
convincing evidence of unlawful aggression towards a person,
and the force used is reasonably necessary to prevent or repel
such. The totality of circumstances, including the nature and
means used (i.e., quality of the weapons), will be considered in
evaluating the reasonableness of the force used.
•
The Philippines does not follow the "Stand Your Ground" and
“Castle Rule” doctrines that allow individuals to use deadly
force to defend themselves without a duty to retreat from a
threatening situation. Instead of requiring individuals to rst
attempt to retreat or escape, it permits the property owner to use
force if they reasonably believe it is necessary to protect
themselves or others from imminent harm. The castle doctrine is
based on the principle that a person's home is their castle, and
they have the right to protect himself or themselves from
intruders or threats.
e) Exception
•
Lawful Interference in cases of acts of necessities Art. 432, NCC
•
Compensate the affected owner for damages
f) Resort to judicial process if possession is lost
•
Article 428 (Par. 2) - The owner has a right of action against the
holder and possessor of the thing in order to recover it.
•
Article 433. Actual possession under a claim of ownership raises
a disputable presumption of ownership. The true owner must
resort to judicial process in order to recover it.
2. Right to Use
a) General Statement under Art. 428 of the Civil Code
(1) Par. (1) The owner has the right to enjoy things without other
limitations
b) Exceptions:
•
Injurious Use - The owner of the thing cannot make use of it in
such a manner as to injure the rights of a third person (Article
431, NCC)
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•
An owner may put his property to any use not unlawful, however
absolute and unquali ed may be his title; an owner holds the
property under the implied liability that his use of it shall not be
injurious to the equal enjoyment of others having an equal right
to the enjoyment of their property of others nor injurious to the
rights of the community. A claim of restrictions and limitations in
using such property must be clearly and indubitable established.
•
The establishment of laws requiring each citizen to conduct
himself and use his property so as not to unnecessarily injure
another. The state may provide regulations on property
acquisition, enjoyment, and disposition. It may even take private
property for a public purpose, subject to the right of the individual
to just compensation.
•
Governmental control and regulation of properties to secure the
general safety, public welfare, and the community's peace, good
order, and morals. This does not confer power to control purely
and exclusively private rights.
•
Limitation by law and contracts
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•
Government regulations and Eminent Domain: National
and local governments have the power to regulate the use of
property to protect the health, safety, morals, and general
welfare of their citizens. These regulations can limit how a
person can use their property, including restrictions on
building structures, zoning laws, and environmental
regulations. The government may also take private property
for public use with just compensation under its power of
eminent domain.
•
Servitudes: Servitudes are voluntary agreements between
property owners that grant certain rights or privileges to one
party over another's property. A good example is a right of
way where an owner allows his neighbor to pass through his
land as access.
•
Encumbrances: These are rights or interests held by another
person on the property that limit the owner’s freedom to make
decisions. Encumbrances may be voluntary or involuntary
and can include lien encumbrance or usage encumbrance. A
lien encumbrance gives a claim holder the legal right to seize
a borrower's real or personal property if they fail to satisfy an
Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
outstanding debt or obligation. Encumbrances can limit the
property owner's ability to use their property for certain
purposes or activities, such as commercial use in a residential
area or installing certain structures. Restrictions in deeds or
contracts are an example of use encumbrance. Property
ownership rights can be limited by restrictions in deeds or
contracts such as those imposed by homeowner ’s
associations when you buy a house or a condominium unit or
those conditions or covenants annotated in the titles to land.
c) 1987 Constitution, Article XII, National Economy and
Patrimony
(1) Use of Property Has a Social Function
•
The use of property bears a social function, and all economic
agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives, and
similar collected organizations, shall have the right to own,
establish, and operate economic enterprises.
(2) Distributive Justice
•
The use of property is subject to the duty of the state to
promote distributive justice, and the state can intervene when
the common good so demands.
3. Right to Transfer
a) In General.
• The right to transfer, in property, refers to the ability of a property
owner to transfer their ownership or rights to another party. This
transfer can be done through various means, such as selling,
donating, or leasing the property. The right to transfer is an
essential aspect of property rights and is important for several
reasons:
• The ability to transfer property allows resources to be
allocated from less ef cient to more ef cient uses, facilitating
economic growth and development.
• The right to transfer provides property owners with exibility
and control over the things that they own. This exibility allows
property owners to adapt to changing circumstances and
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make the most ef cient use of their property or to generate
wealth through sale. By transferring ownership to another
person, the owner can receive nancial compensation for the
asset sold.
• The right to transfer also contributes to the stability of the
property market. Clear rules regarding property ownership and
transfer help establish a transparent and orderly market for
buying and selling properties. This stability fosters con dence
among buyers and sellers, ensuring a smooth ow of
transactions and protecting property values.
b) Art. 428 of the Civil Code
•
Owners have the right to dispose of their property subject to
limitations established by law.
•
Legal restrictions on transfer limits or prohibit the transfer of
properties because of certain restrictions imposed by the
Constitution or by law. An example of this is the restriction on
transfers of land to aliens under Article XII of the Constitution.
Aliens are not allowed to be transferees of private lands except
by hereditary succession. Another example is the limitation to
ownership of agricultural under RA No. 6657, which limits
landholding of agricultural lands to 5 hectares per person only.
Certain land titles have limits on transfers, i.e., homestead
patents are restricted up to ve years after issuance, and
Certi cate of Land Ownership Awards (CLOA) are restricted up
to ten years from issuance.
c) Kinds of Transfers
(1) Assignment of ownership (fee simple) usually through voluntary
transfers like sale, donation, exchange, etc.. Properties may also
be transferred involuntarily in garnishment execution or
expropriation. It can also be transferred by operation of law, such
as by way of inheritance succession, or accession. Prescription
through adverse possession can also result in loss to the owner
and acquisition of the possessor of the property.
(2) Assignment of rights to use like lease and usufruct.
(3) The owner may also assign the right to transfer to his nominee
through a Special Power of Attorney.
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4. Right to Vindicate
a) In General
• The right to vindicate in property law refers to the ability of
property owners to assert and defend their rights and interests
concerning their property. It involves taking legal action to protect
and enforce property rights when others transgress them.
Vindication is an essential aspect of property law, as it ensures
that property owners have the means to maintain and exercise
their rights and provides a remedy when those rights are violated.
• Includes the right to protect and defend possession against the
intruders or trespass of others through judicial relief but, in certain
instances, may include self-help.
• The right to vindicate is closely tied to the concept of remedies. If
a property owner has a right, they must also have a means to
vindicate and maintain it.
b) The Role of Courts
• The court of law provides legal protection to property owners by
recognizing and upholding their rights to property when violated.
It ensures that individuals have the legal right to own, use, and
dispose of their property without interference from others.
• When disputes arise over property rights, the court serves as a
neutral forum for resolving these con icts. It allows parties to
present their arguments, evidence, and legal claims, and the
court decides based on the applicable laws and legal principles.
• The court's involvement in property rights cases acts as a
deterrent against potential violators. Knowing that there are legal
consequences for infringing on someone's property rights can
discourage individuals from engaging in unlawful activities.
D. Proving Ownership
1. Standard of Proof
• The standards to prove ownership are typically addressed by the law of
the State and the customs and traditions of the community or locality. It
has been generally accepted that property rights arise from social
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conventions and norms, while others
morality or natural laws.
nd justi cations for them in
• What is considered owned by people will depend on the social
construct, including the laws and other social conventions accepted by
everyone.
2. Titles
• Formal documents are usually the best evidence of ownership that
shows the person’s right or the extent of his interest in the property.
Deeds and instruments are the most common proof of ownership since
these are required to effect transfers or acquisition of rights to things.
This requirement that transfers should be in a particular form or means
is called “formalities." The most common are transactions on real
property where the law requires it to be in a public instrument where the
document evidencing the transfers is attested to before a notary public.
• For certain properties, such as land or motor vehicles, registration of
ownership in a public registry provides public notice of ownership
information.
• Titles are usually acquired by voluntary transfers from the owner
through sale, donation, exchange, etc.
• The owner may also lose his title through involuntary transfers. In this
situation, the owner is divested of any right, title, or interest through
seizures under levy of attachment or execution, transfers concerning
bankruptcy, escheat, condemnation, abandoned property, transfers
under legal separation or dissolution of marriage or eminent domain.
3. Possession
• The law favors actual possessors (Article 433 of the Civil Code)
• Possession is proof of ownership but is different and distinct from a title.
Possession is a right that often accompanies ownership but is not
necessarily suf cient to prove it. Possession may give rise to acquisition
or loss of ownership, such as in the case of adverse possession that
resulted in prescription.
• Possession is often regarded as prima facie evidence of the right of
ownership in property law. When there is a dispute about ownership,
possession can create a presumption of ownership in favor of the
person currently in possession. This presumption places the burden of
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proof on the non-possessing party to demonstrate prior possession or
other evidence of ownership. Possession is a strong indicator of
ownership, giving the possessor rights against everyone except the
rightful owner.
• Also, possession plays an important evidentiary role in ownership
disputes. Without other evidence about ownership, current possession
creates a presumption of ownership. However, possession alone does
not determine ownership. If someone can demonstrate prior possession
or other evidence of ownership, the rules of property law generally
operate to vindicate their ownership of the object.
4. Adjudication or Con rmation of Titles
• Ownership may also be proved through adjudication or con rmation of
titles through judicial, extra-judicial, or administrative processes.
• This situation usually occurs when rights to property are acquired by
operations of law, such as succession rights or rights conferred through
social legislation, such as rights to lands under public land, agrarian
reform, and indigenous people's rights laws.
• In these cases, the person claiming rights must prove that he had
complied with all the conditions required by law to be performed to
acquire rights on the thing.
5. Control and Community Recognition of Claims
• The actions of people may give rise to a “color of title” that which gives a
semblance or appearance of a title. Such action may show the extent of
the person's claim but is not the title-in-fact.
III. CO-OWNERSHIP
A. In General
In general, co-owners have the right to use and enjoy the property, to
share in the pro ts from the property, and to make decisions about the
property's management and maintenance. They are also responsible for
paying the property taxes and other expenses associated with the
property.
Co-ownership can be a bene cial arrangement for various reasons, i.e., 1)
Cost Sharing as it allows for the sharing of costs and expenses related to
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the asset by several people; 2) Pooling of Resources as it allows coowners to combine their resources and expertise to maximize the potential
of the asset; and 3) Diversi cation as it allows individuals to invest in
assets that they may not be able to afford individually.
Co-ownership, however, is a complex legal arrangement and has potential
risks, i.e., 1) Co-owners may have different opinions on how to manage or
use the asset, which can lead to con icts; 2) Each co-owner may be
exposed to liability for the actions of the other co-owners, especially if they
act recklessly or diverge from the shared interest in the asset; 3) if one coowner defaults on their nancial obligations it can affect the other coowners; and 4) Dif culty in exiting from the co-ownership since buying out
a co-owner or selling one's share of the asset can be challenging if there is
a disagreement or lack of willingness to sell.
The Civil Code recognizes co-ownership as a legally complex
arrangement for shared ownership of assets. Thus, certain provisions in
the law aim to avoid the complexities that can arise in co-ownership.
The Civil Code de ned co-ownership as “The ownership of an undivided
thing or rights belongs to different person (Art. 484)”. The Civil Code
provisions on co-ownership pertain to simple co-ownership and do not
include other more complex types of co-ownership that are governed by
special laws, such as Corporations, Partnerships, Condominiums, Real
Estate Investment Trusts, Joint Ventures, Cooperatives, and other
business arrangements involving a broad ownership base.
B. Incidents of Co-ownership
1. General Rule
a) The presumption is equal shares (Art. 485, NCC)
b) The presumption is full ownership of his share (Art. 493, NCC)
c) The share of the co-owners in the bene ts as well as in the charges
are proportional to their interest, and any stipulation altering this
proportion is void. (Art. 485, NCC)
2. On Right to Use
a) Any co-owner may use the thing in accordance with its purpose (Art.
486, NCC)
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b) They cannot use it in such a way as to injure the interest of the coowners or prevent them from using it according to their rights.
c) Co-owner may not alter the thing in common even though it will
bene t all co-owners; judicial relief if the withholding of consent is
prejudicial (Art. 491) or if the resolution of the majority is prejudicial
(Art. 492)
3. On the Right to Exclude
a) May not exclude co-owners (Art. 486)
b) Prescription by adverse possession does not run against a coowner who is not in actual possession as long as the co-owner in
actual possession recognizes the co-ownership (Art. 494, par. 5)
4. On the right to Transfer
a) Any co-owner may alienate, assign, or mortgage his right (Art. 493)
b) Any co-owner may substitute another person in the enjoyment of
the use except if personal rights are involved (Art. 493)
c) Creditors and Assignees may take part in the division but cannot
impugn any partition that has been executed (Art. 497)
5. On the Right to Vindicate
a) Any co-owner may bring an action for Ejectment (Art. 487)
C. Obligations of Co-Owners
a) Contribute to the expenses for preservation and to taxes. (Art. 488)
b) Contribute to the expenses for improvement upon majority decision
(Art. 489). The majority decision must include co-owners
representing controlling interest (Art. 492)
c) As far as practicable, other co-owners must be noti ed before a coowner incurs expenses for preservation.
D. Right to Partition
1. Incidents
a) Any co-owner may demand partition at any time in so far as his
share is concerned (Art. 492 and 496);
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b) Mutual accounting for bene ts received and reimbursement (Art.
500);
c) Creditors or assignees of a co-owner may take part in the division
and object to its being effected without their concurrence (Art. 497).
d) Kinds of Partition (Art. 496)
(1) Private Partition (Art. 496)
(2) Judicial Partition (Art. 496)
2. Exception to Right of Partition
a) By agreement for a period of not more than ten years. An extension
is allowed by a new agreement. (Art. 494, par. 2)
b) Donor and Testator may prohibit partition, but it shall not exceed 20
years (Art. 494, par. 3)
c) If the partition will render the thing unserviceable for the use for
which it was intended (Art. 495).
(1) Indemni cation of other co-owners by the acquiring co-owner,
but if there is no agreement, the thing shall be sold and the
proceeds distributed (Art. 497)
3. E ect of Partition on Third Persons (Art. 499)
a) It does not prejudice a third person who has a right of mortgage,
servitude, or any other real right before the division.
b) Does not prejudice personal rights
4. Partition in Relation to Succession
a) Article 1056 of the old Civil Code (now Article 1080) authorizes a
testator to partition inter vivos his property and distribute them
among his heirs.
b) This partition is neither a donation nor a testament but an
instrument of a special character, sui generis, which is revocable at
any time by the causante during his lifetime and does not operate
as a conveyance of title until his death. It derives its binding force on
the heirs from the respect due to the will of the owner of the
property, limited only by his creditors and the intangibility of the
legitime of the forced heirs. (JLT Agro, Inc. vs. Balansay and
Cadayday, G.R. No. 141882, March 11, 2005)
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5. Warranty
a) Every co-owner shall be liable for defects of title and quality of the
portion assigned to each of the other co-owners. (Art. 501)
E. Right of Redemption
1. Legal redemption is the right to be subrogated, upon the same terms
and conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dacion in payment or by any other
transaction whereby ownership is transmitted by onerous title. (Art.
1619, NCC)
2. A co-owner of a thing may exercise the right of redemption in case the
shares of all the other co-owners, or of any of them, are sold to a third
person. If the price of the alienation is grossly excessive, the
redemptioner shall pay only a reasonable one. Should two or more coowners desire to exercise the right of redemption, they may only do so
in proportion to the share they may respectively have in the thing
owned in common. (Art. 1620, NCC)
3. The right of legal pre-emption or redemption shall not be exercised
except within thirty days from the notice in writing by the prospective
vendor or by the vendor, as the case may be. The deed of sale shall
only be recorded in the Registry of Property if accompanied by an
af davit of the vendor that he has given written notice thereof to all
possible redemptioners. The right of redemption of co-owners excludes
that of adjoining owners. (Art. 1623, NCC)
4. The general rule in redemption is that it is not suf cient that a person
offering to redeem manifests his desire to do so. The statement of
intention must be accompanied by an actual and simultaneous tender
of payment. This constitutes the exercise of the right to repurchase. In
several cases decided by the Court where the right to repurchase was
held to have been properly exercised, there was an unequivocal tender
of payment for the full amount of the repurchase price. Otherwise, the
offer to redeem is ineffectual. (BPI vs. Veloso, G.R. No. 141974.
August 9, 2004)
5. The following are the requisites for the exercise of legal redemption: (1)
There must be a co-ownership; (2) one of the co-owners sold his right
to a stranger; (3) the sale was made before the partition of the coowned property; (4) the right of redemption must be exercised by one
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or more co-owners within a period of thirty days to be counted from the
time that he or they were noti ed in writing by the vendee or by the coowner vendor; and (5) the vendee must be reimbursed for the price of
the sale.” (Aguilar vs. Aguilar, G.R. No. 141613 December 16, 2005).
6. There is actually no prescribed form for an offer to redeem to be
properly effected. It can either be through a formal tender with
consignation or by ling a complaint in court coupled with consignation
of the redemption price within the prescribed period. What is a
condition precedent to a valid exercise of the right of legal redemption
is either the formal tender with consignation or the ling of a complaint
in court. What is paramount is the availment of the xed and de nite
period within which to exercise the right of legal redemption.” (Lee
Chuy Realty vs. CA, G.R. No. 104114, December 4, 1995).
F. Renunciation of Shares
a) A co-owner may renounce his share as may be equivalent to this
share of the expenses and taxes but not when it is detrimental to
the interest of the co-ownership (Art. 488)
G. Special rules on co-ownership of buildings with
di erent Stories
a) Article 490. Whenever the different stories of a house belonging to
different owners, if the titles of ownership do not specify the terms
under which they should contribute to the necessary expenses, and
there exists no agreement on the subject, the following rules shall
be observed:
(1) The main and party walls, the roof, and the other things used in
common shall be preserved at the expense of all the owners in
proportion to the value of the story belonging to each;
(2) Each owner shall bear the cost of maintaining the oor of his
story; the oor of the entrance, front door, common yard, and
sanitary works common to all shall be maintained at the expense of
all the owners pro rata;
(3) The stairs from the entrance to the rst story shall be maintained
at the expense of all the owners pro rata, with the exception of the
owner of the ground oor; the stairs from the rst to the second
story shall be preserved at the expense of all, except the owner of
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the ground oor and the owner of the
successively.
rst story; and so on
b) The article is based on the principle of proportionality. This principle
means that each co-owner should contribute to the expenses in an
amount that is equal to the bene t they receive from the property. In
the case of a house with multiple stories, the co-owners who own
the upper stories bene t more from the common areas, such as the
stairs. Therefore, they should contribute more to the expenses of
maintaining these areas.
IV. MODES OF ACQUIRING OWNERSHIP
A. Original and Derivative Modes
•
•
The original mode of acquisition of ownership occurs independently of
any previous owner and typically involves the acquirer's personal act. It
can be broken down into:
•
Absolute: This is where ownership is acquired over something that
previously had no owner, like that prescribed under Article 713 of the
NCC or the doctrine of discovery under international law. Intellectual
creation also is a good example of this mode.
•
Extinctive: Here, the previous ownership is extinguished by an
independent adverse act on the part of the acquirer. For instance,
adverse possession under certain conditions can lead to the original
acquisition of the title by the possessor by Prescription by operation of
law.
•
Accessory: Ownership is acquired as a result of accession, where the
property naturally increases, such as the birth of new animals on one's
farm. Ownership of the increase is awarded to the owner of the
principal by operation of law.
Derivative acquisition of ownership, on the other hand, involves a
transfer of title from a previous owner and includes:
•
Contracts and other Bilateral Acts: This is where the title is acquired
with the consent of the previous owner, not limited to contracts but
including all bilateral acts that create an interest, such as assignment or
grant.
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•
Sale or Purchase: Although a contract for sale does not in itself confer
title to immovable property, it is an agreement that a sale shall take
place on terms settled between the parties.
•
Donation: This involves a transfer of certain existing movable or
immovable property made voluntarily and without consideration, as
de ned by the relevant property laws.
•
Succession: Inheritance is one of the methods of derivative
acquisition, where property rights are passed down after the owner’s
death, either through intestate or testamentary succession.
•
Exchange: This is a mutual transfer of ownership of one thing for
another, excluding money as the sole object of exchange.
B. Acquisition by Direct Transfers or By Operation of Law
•
Ownership can also be acquired by way of either direct or indirect
mode. The main difference between direct and indirect acquisition of
ownership in property law lies in the nature of the transfer and the
involvement of the original owner. Direct acquisition is characterized by
a voluntary transfer of property ownership, typically involving an
agreement and consent between the transferor and transferee. Indirect
acquisition, on the other hand, occurs without the direct action or
consent of the original owner. This type of acquisition is facilitated by
legal mechanisms and occurs by operation of law.
•
Direct Acquisition of Ownership: Direct acquisition refers to the
process where the transfer of ownership is intentional and typically
involves an agreement between the transferor (the person giving up
ownership) and the transferee (the person acquiring ownership). This
can occur through various methods:
•
Sale: A contractual agreement where ownership of property is
transferred from the seller to the buyer in exchange for payment.
•
Barter: A form of exchange where goods or services are directly
exchanged for other goods or services without using a medium of
exchange, such as money.
•
Donation: A voluntary transfer of ownership without consideration,
where the donor gives property to the donee out of generosity.
•
Will: A legal document by which a person expresses their wishes as
to how their property is to be distributed at death.
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•
Acquisition of Ownership: Indirect acquisition happens without a
voluntary act of transfer by the previous owner. It can be due to the
operation of law and may include:
•
Succession: Transfer of property ownership due to the death of the
previous owner, where the heirs or bene ciaries legally inherit the
property.
•
Prescription: Acquisition of ownership through the uninterrupted,
peaceful, and open possession of property over a period of time, as
de ned by law, without the consent of the original owner.
•
Accession: Rules on accession give the ownership by operations of
law to owners of principal property.
•
As a consequence of Marital Relations: Upon marriage, property
may be acquired by spouses without the need for a conveyance or
transfer document.
•
These examples show that property can change hands not only
through the deliberate act of transfer by the owner but also through
various legal mechanisms that operate automatically under certain
conditions.
C. Occupation
1. De nition
a) Things appropriable by nature which are without an owner are
acquired by occupation (Article 713, NCC)
b) However, land cannot be acquired by occupation (Article 714,
NCC).
c) Wildlife can no longer be acquired by occupation too. Rules
regarding shing, hunting, capturing wildlife, and other natural
resources are governed by special laws.
(1) R e p u b l i c A c t N o . 9 1 4 7 ( W i l d l i f e R e s o u r c e s
Conservation Act and Protections Act)
•
This law implements the policy of the State to conserve the
country’s wildlife resources and their habitats for sustainability.
Its objectives are to conserve, protect, and regulate the
collection and trade, pursue a commitment to international
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conventions, and initiate scienti c studies on the conservation
and protection of wildlife.
•
Section 27 of the law speci es a comprehensive list of illegal
acts pertaining to wildlife conservation. These acts include the
killing, destruction, and injuring of wildlife species, as well as
damage to critical habitats. It also prohibits activities such as
the introduction, reintroduction, or restocking of wildlife
resources and restrictions on the collection, hunting,
possession, trading, and transportation of wildlife and their byproducts or derivatives, including but not limited to active
nests, nest trees, host plants, and similar entities or analogous
acts that may harm wildlife conservation efforts.
•
However, there are speci ed exceptions to these prohibitions,
notably detailed within Section 7 and Section 27. One such
exception is the allowance for Indigenous people to use
wildlife in accordance with their customs and practices, which
are traditionally observed, accepted, and recognized. This
includes activities such as killing and destroying wildlife as
part of religious rituals of established indigenous communities,
with the caveat that this exception does not extend to
threatened species.
•
Furthermore, the Department of Environment and Natural
Resources (DENR) retains the authority to issue permits for
several purposes. These permits include those for wildlife farm
or culture operations, wildlife collector’s permits, gratuitous
permits, local transport permits, and permits for the export,
import, or re-export of wildlife. These regulatory measures
ensure that certain activities involving wildlife can be
conducted legally, provided they comply with the stipulations
of the relevant permits and are overseen by appropriate
authorities.
(2) Republic Act No. 8550 (The Philippine Fisheries Code
as amended by Republic Act No. 10654)
•
This law aims to prevent, deter, and eliminate illegal,
unreported, and unregulated (IUU) shing activities. RA 10654
de nes illegal shing as activities conducted by Philippine
vessels in violation of national laws, Regional Fisheries
Management Organization resolutions, and laws of other
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coastal states. Unreported shing involves unrecorded or
misreported shing activities against Philippine laws, and
unregulated shing refers to activities by vessels not af liated
with any organization or by Filipino-owned vessels operating
outside designated areas without conservation and
management guidelines.
•
Prohibited acts under RA 10654 include, but are not limited to:
Fishing without a license or with a revoked license; Using
active gear in municipal waters and bays or in areas where it
is prohibited; Engaging in shing activities that are not
compliant with Philippine laws, international laws, or
agreements; Fishing in over shed areas or during closed
seasons; Using explosives, noxious substances, or electricity
for shing; Catching threatened or endangered species;
Fishing with oversized shing vessels in municipal waters;
Engaging in unreported shing or misreporting catches; and
Operating unregistered shing vessels or those agged by
other countries without permission.
2. Conditions for Acquisition of Ownership by Occupation
a) Physical object;
b) Actual possession or control;
c) Intention to and capacity to acquire
d) Res Nullius
3. What are Res Nullius?
a) De nition
•
Res nullius is a Latin term derived from private Roman law that
refers to objects or things that are not yet the object of rights of
any speci c subject. These items are considered ownerless
property and can be acquired by occupation, which is the act of
taking possession of something unowned.
•
Examples of res nullius include wild animals (ferae naturae) or
abandoned property (res derelictae). When something is
completely lost or abandoned, it becomes res nullius and can be
acquired by the rst person who takes possession of it. It's
important to note that res nullius is not limited to physical objects
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but can also apply to other areas, such as unclaimed territories,
unknown lands, or terra nullius. For example, a nation may assert
control over an unclaimed territory under the discovery doctrine
based on the res nullius principle.
b) Animus Revertendi
•
Animus revertendi is a Latin phrase that means "with the intention
to relocate" or "with the intention to return." It is a legal term
primarily used in property law that protects the legal ownership of
the property by recognizing the intention of the individual not to
abandon their ownership, such as when they are still looking or
searching for lost property, such as in a shipwreck. In the context
of livestock, animus revertendi refers to the obligation to return
stray animals to their rightful owner, preventing them from being
considered wild beasts and ensuring compensation to the owner.
•
In such a case, these properties are not yet considered lost even
though, physically, the thing's existence is not known to the
owner. The law gives the owner the opportunity to look for his
property, and thus, any third person who acquired the thing
cannot assert ownership over the same on the basis of
occupation.
c) Res Alicujus
•
Res alicujus is the opposite of res nullius, which means"property
of someone" or "property of another.” It is used to distinguish
property owned by a speci c person from property not owned by
anyone or considered ownerless. Property that falls under the
category of res alicujus is subject to the rights and ownership of
the person who owns it, and others are not entitled to claim
ownership over it without proper legal authority. Examples of res
alicujus can include land, buildings, personal belongings, or any
other tangible or intangible assets that have an owner.
4. Special Rules
a) Bees (right to pursue, two days);
b) Pigeons and sh (enticement rule);
c) Hidden treasure (Art. 438, NCC):
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d) Lost items: Finder must return (1/10 reward), or he is liable for theft
under RPC Article 308, Par. (1)
D. Donation
1. De nition
•
A voluntary contract by which the donor expressly agrees to give
something to the donee without consideration, and the latter accepts
the gift in an equally express manner.
•
In Roman law and some modern codes, this contract carries with it
only the obligation of transferring the ownership of the thing in
question; actual ownership is obtained only by the real tradition or
handing over of the thing itself or by observing certain juridically
prescribed formalities.
2. Kinds
a) Simple Donation
(1) A donation is an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another who accepts it
(Art. 725, NCC); and
(2) Illegal or impossible conditions that are imposed in simple
donation are considered not imposed (Art. 727, NCC).
b) Remuneratory
(1) A donation is called remunerative when inspired by a sentiment
of gratitude for services rendered by the donee. (Art. 726, NCC)
(2) Remunerates past services which do not constitute a
demandable debt; and
(3) The donation is not payment for a demandable debt.
c) Conditional
(1) When a condition, charge, or burden (also called “modes”) is
imposed by the donor to the donee in consideration of the
donation.
(2) It does not affect the rights of the donee. It is an accessory
disposition where the bene t conferred on the donee is restricted
by the statement of the purpose to which the thing shall be
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applied or the imposition of a presentation to be performed by
the donee.
(3) The portion exceeding the value of the burden imposed
constitutes a real donation, while the rules on obligations and
contracts govern the portion equivalent to the burden.
d) Onerous Donation
(1) Donations are for a valuable consideration that is demandable
against the donor or when it imposes a burden equivalent to the
value of the donation.
(2) Essentially, this is a contract is governed by the rules of
contracts (Art. 722, NCC)
(3) As to when it will take effect:
(a) Inter Vivos
i)
Art. 729, NCC;
ii) The effectivity of the disposition is not made to depend
upon the death of the donor, even if the delivery of the
property donated may be postponed until after the donor’s
death.
(b) Mortis Causa
i)
Art. 728, NCC
ii) The donation is made depending on the death of the donor
iii) The intention is to transfer ownership after his death.
(4) In case of doubt, donations are deemed inter vivos rather than
mortis causa.
(5) The taking effect of the donation during the lifetime or after the
donor's death does not depend upon whether the property is
delivered during or after such death. From the moment the donor
disposes gratuitously of his property, and the disposition is
accepted by the donee, a perfect and irrevocable donation
exists. Such donation may be conditional or with a term, and the
term may be the donor's death. Until the day comes or the
condition is ful lled, the donation is not carried out but produces
effect. (Art. 729 and Art. 730, NCC)
(6) Thus, he who donates with a term, although such term may be
that of his death, has already disposed of the thing donated and
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can no longer revoke the donation, nor, for that reason, can he
dispose of the thing in favor of another.
3. Essential Elements
a) Reduction of the patrimony of the donor;
b) Increase in the patrimony of the donee; and
c) The intent to do an act of liberality of the donee (animus donandi)
4. Formalities
a) Public Instrument
b) Acceptance, Noti cation, and Rati cation
5. Capacity
a) Who may give donations or receive donations
•
All persons who may contract and dispose of their property may
make a donation (Art. 735, NCC);
•
The donor’s capacity shall be determined as of the time of the
making of the donation (Art. 737, NCC)
•
“Making of the Donation” refers to the perfection of the donation;
•
After acceptance of the donation,
•
Guardians and trustees cannot donate the property entrusted to
them (Art. 736, NCC)
b) Who may accept donations?
•
All those who are not disquali ed by law may accept donations.
(Art. 738, NCC)
•
Those who are incapacitated to succeed by will are disquali ed
from accepting donation inter vivos. (Art. 740, NCC) Examples:
-
Priest who heard the confession of the donor during his last
illness
-
Relatives of such prints within the 4th degree, the church,
order, etc., of such priests.
-
Guardians before the nal account of guardianship have been
approved except if the guardian is an ascendant, descendant,
sibling, or spouse;
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-
Physicians, medical attendants, etc.
-
Unworthiness is not included since knowledge of this fact
constitutes a pardon. If the cause of unworthiness occurs after
the donation, the same cannot be revoked because donation
inter vivos is revoked only for causes under Art—760, 764,
and 765 of the NCC.
5. Revocation/Reduction of Donations
a) What is revocation?
•
A deed of donation can be cancelled or revoked under speci c
circumstances as provided for by Philippine law. Once a donation is
revoked, the donee may be required to return the donated property
or its equivalent value. However, the return is subject to adjustments
like natural depreciation or improvements made to the property.
Typically, the donor holds the exclusive right to revoke a donation
and the legal heirs cannot ordinarily revoke a donation made by their
deceased relatives except under certain exception like incapacity or
those grounds speci ed in the deed.
•
The Civil Code of the Philippines outlines several grounds and
conditions under which a donation may be revoked:
b) Revocation by the Donor for Non-ful llment of a Condition
(Article 764)
•
If the donation is made with a resolutory condition, and the donee
fails to comply with or ful ll that condition, the donor may revoke the
donation. Upon revocation, the donated property will revert to the
donor.
c) Revocation Due to Ingratitude (Article 765)
•
If the donee commits an offense against the person, honor, or
property of the donor.
•
If the donee imputes to the donor any criminal offense, except for a
crime against honor.
•
If the donee unduly refuses the donor support when the donee is
legally or morally bound to give support to the donor.
d) Subsequent Birth of Children (Article 760):
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•
In instances where the donor, after making the donation, has a
subsequent birth of a child (whether legitimate or legitimated by a
subsequent marriage), and the child is alive at the time the donation
is made but the donor was unaware of its birth, the donation can be
reduced on account of such subsequent birth.
e) Incapacity of the Donor at the Time of the Donation (Article
739):
•
A donation made by a person who did not have the capacity to make
the donation at the time it was given can be considered null and
void.
f) Presence of Legal Grounds Speci ed in the Deed:
•
If the deed of donation itself stipulates speci c conditions or grounds
upon which the donation may be revoked, and those conditions are
met or those grounds arise, then the donation can be cancelled
based on those terms.
g) Mutual Agreement:
•
Both the donor and the donee can mutually agree to revoke the
donation. This mutual revocation should preferably be in writing for
clarity and to avoid future disputes.
F. E ects of Donations and Limitations
1. Inof cious Donations
•
Inof cious donation refers to a donation that is considered excessive
or disproportionate to the donor's estate to the detriment of the heirs
who are entitled to a reserved portion of the donor's estate under
Civil Code law, such as the legitimate children and the surviving
spouse.
•
The concept of inof cious donation is rooted in the principle of
legitime, which is the portion of the estate reserved by law to the
heirs to ensure their rightful share. If a donation is deemed
inof cious, it means that it goes beyond what is allowed by law, and
it may be subject to reduction or annulment.
•
Under the Civil Code of the Philippines, particularly Articles 750 to
752, donations may be reduced or annulled if they exceed the
disposable portion of the donor's estate, which is the part not
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reserved for the heirs. The law aims to prevent the circumvention of
the legitime through excessive donations, ensuring that the
legitimate heirs receive their rightful shares.
G. Accession
1. Basic Principle
•
The principle of accession is a fundamental principle of property law.
It helps to ensure that property rights are clear and that people know
who owns what. The principle also helps to prevent disputes over
property ownership.
•
The principle of accession is based on the idea that the owner of a
thing has the right to control what happens to it.
•
When something is added to a thing, it becomes part of that thing,
and the owner now has the right to control it. It also gives the owner
rights to the fruits or the bene ts like income produced.
2. Under the Civil Code of the Philippines
(1) The law assigned ownership of things produced to the owner of the
principal (Art. 440, 441, and 422, NCC)
a) Natural - spontaneous products of the soil, and your and
other products of animals;
b) Industrial - produced by lands of any kind through cultivation
or labor; and
c) Civil - rents of land, building, and other property leases, and
the amount of perpetual or life annuities or similar income.
(2) The law presumed that the accessory thing belonged to the owner
of the principal.
a) The possession of real property presumes possession of all
of the movables therein, so long as it is not shown that they
should be excluded (Art. 542, NCC)
b) The possession of movables is not deemed lost so long as
they remain under the control of the possessor even though,
for the time being, he may not know their whereabouts (Art.
556, NCC)
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(3) However, the owner must pay for the expenses made by third
persons in their production, gathering, and preservation (Art. 443,
NCC)
a) Article 443 of the Civil Code of the Philippines states that if
the owner of a piece of land or property receives a fruit, he
should pay the third party who incurred expenses in its
production, gathering, and preservation. This provision is part
of the broader concept of "accession industrial", which refers
to the rights of a landowner to the fruits and products
produced on their land.
b) According to the Civil Code, the owner of the land has the
right to the fruits and products of the land, regardless of
whether they were grown or produced by the owner or by
someone else.
c) Based on the principle of unjust enrichment.
3. Types of Accession
(1) Accession Discreta
•
Right of the owner pertaining to the fruits
•
Refers to the acquisition of property rights when a person's
labor or resources contribute to the ongoing growth or
development of someone else's property. It typically applies to
situations where the property naturally produces or generates
new items such as fruits, animals, or materials such as
accretion on riparian lands over time.
b) Accession Continua
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•
Right of the owner pertaining to things attached or
incorporated
•
Refers to the acquisition of property rights when a person
adds value or improves someone else's property discreetly or
separately. It involves the addition of new materials or labor to
enhance the property. Accession discreta recognizes the value
the individual adds and allows them to claim ownership or a
legal interest in the speci c improvements they made.
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4. Accession in Immovable Property
a) Rules on Accession in Immovable Property
•
All that is built, planted, or sown on the land is presumed to
belong to the land owner (Art. 445, NCC) unless the contrary is
proved (Art. 446, NCC)
•
Driftwoods belong to the owner of the land unless claimed with
payment for expenses in the gathering and preservation.
•
Accretion on river banks under Art. 457, NCC belongs to the
owner but does not include accretion on lakes
•
Rule on avulsion under Art. 459, NCC - Under Article 559 of the
Civil Code of the Philippines, the rule of avulsion states that when
a movable thing is suddenly and violently detached from the land
to which it belongs and is carried away by a sudden and violent
force of nature, the ownership of the thing passes to the owner of
the land to which it is carried.
•
Rule on changes in the course of rivers Art. 461, Art. 462 and Art.
464 and Art. 465, NCC.
•
Article 461 of the NCC deals with the situation where the
current of a river changes its course, leading to the
abandonment of the old river bed and the formation of a new
one. In such cases, the owners whose lands are occupied by
the new course of the river have the right to the abandoned
river beds in proportion to the area lost. However, the owners
of the lands adjoining the old bed have the right to acquire the
old bed by paying its value, which should not exceed the value
of the area occupied by the new bed.
•
Article 462 of the NCC states that whenever a river changes
its course by natural causes and opens a new bed through a
private estate, the new river bed becomes part of the public
dominion. This means that even if the new river bed is on
private property, it becomes the property of the government or
the state.
•
Rule on Islands - Article 465 of the NCC pertains to islands
formed through the successive accumulation of alluvial
deposits in non-navigable and non- oatable rivers. In such
cases, the islands belong to the owners of the river banks
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nearest each of them. If the island is in the middle of the river,
it is divided longitudinally into halves between the owners of
both margins. If a single island is more distant from one
margin than the other, the owner of the nearer margin
becomes the sole owner of the island.
b) Rule on Builder, Planter, and Sower on Lands of Another
(1) Builder, Planter, and Sower in good faith (Art. 448, NCC)
•
The owner appropriates the property with payment of
indemnity
•
BPS may be compelled to pay for the land or to pay rent
(2) Builder, Planter, and Sower in bad faith (Art. 449/450, NCC)
•
Owners acquire the BPS without payment of indemnity
•
or/Owner demands demolition with restoration
•
or/BPS pays the land/rent
•
BPS is entitled to reimbursement for the preservation of the
land (Art. 452, NCC)
•
BPS in bad faith is entitled to reimbursement for the necessary
expenses for preservation
•
BPS is bad faith is always liable for and with damages (Art.
451, NCC)
(3) Both owner and BPS are in bad faith (Art. 453, NCC)
•
Treated as if both acted in good faith
•
Cancels out the bad faith of each
•
Is there bad faith on the owner's part if he has knowledge and
did not oppose the BPS on his land? If the owner acted in bad
faith while the TP acted in good faith, the BPS has the right of
a material man under Art. 447
(4) Rule when a land owner uses materials of another (Art. 477,
NCC)
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Article 447 of the Civil Code of the Philippines deals with the
situation where the owner of the land uses the materials of
another to create plantings, constructions, or works on their
Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
land. According to this article, the landowner must pay for the
value of the materials used.
•
If the landowner acted in bad faith, meaning they knowingly
did something wrong or deceitful, they are also required to
compensate for any damages caused. The owner of the
materials has the right to remove them only if they can do so
without causing harm to the constructed work or the plantings,
constructions, or works. However, if the landowner acted in
bad faith, the owner of the materials can remove them
regardless of whether the work is harmed or destroyed.
2. Rules on Accession in Movable Property
a) General Rule
a) The owner of the principal acquires the accessory with indemnity
(Art. 466, NCC)
b) De nition of Principal
(1) Not the ornament (Art. 467, NCC)
(2) The one with greater value (Art. 468, NCC)
(3) The one with greater volume (Art. 468, NCC)
c) Rules on Accession on Movable Property
(1) The Principal does not acquire the Accessory if the two
objects can be separated without injury. (Art. 469, 2nd par.,
NCC)
(2) When the accessory is more valuable than the principal, the
owner may demand separation even if there would be injury.
(3) If the things are mixed (no principal/accessory), proportional
division, bearing in mind the value of the things combined.
(Art. 472, NCC)
d) Rule on Acquisition if there is Bad Faith (Art. 470, NCC)
(1) Owner of Accessory in Bad Faith - the owner of the accessory
loose the thing without indemnity
(2) Owner of Principal in Bad Faith - the accessory owner may
choose reimbursement with damages or separation with
damages.
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(3) If both are in Bad Faith, the rule is Art. 466, NCC
(4) In case of Bad Faith in mixture/confusion, the owner in BF
loosed his property with indemnity (Art. 473, NCC)
e) Ownership of Materials Used
(1) The maker in Bad Faith, the owner of the material, shall have
the right to appropriate the work without payment or demand
the value of the material with damages.
(2) In consensual contracts, payment of the materials
•
If the material was used without consent, indemnity, and
delivery of a thing equal in kind, value, or price according to
expert appraisal. (Art. 471, NCC)
•
Labor/Craft in good faith - The craftsman acquires the
materials with indemnity for the value of the materials; if the
material is more valuable than the nished goods, the owner
pays for the value of the work.
H. Succession
(You will discuss this in another course)
I.
By Contract, Sale, Barter, Exchange, Tradition
(Sale will be discussed in another course)
J. Prescription
(We will discuss this in Possession)
V. POSSESSION
A. De nitions
1. Possession in General
•
Possession is the holding of a thing or the enjoyment of a right (Art.
523). Only things and rights which are susceptible to being
appropriated may be the object of possession (Art. 430).
•
Possession is the fact of having or holding property in one’s power.
It involves the exercise of control and dominion over the property,
whether tangible or intangible, to the exclusion of all others. Any of
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the usual outward marks of ownership may suf ce as possession in
the absence of manifest power in someone else.
•
Possession does not necessarily imply ownership. A person can
possess something without being the owner of it. There may be
varying degrees of rights to possession. Ownership and possession
can be distinct, and possession can change hands while ownership
remains the same. Possession can even be acquired unlawfully,
such as when a thief steals an item or a squatter moves into a
property. However, the rightful owner still maintains the right to
possession and can take steps to regain it.
2. Actual Possession
•
Physical occupancy or control over property. This is also referred to
as corporeal possession.
3. Acquisitive Prescription
•
The acquisition of a title to a thing by open, continuous, exclusive,
notorious, and hostile possession over a statutory period.
4. Adverse Possession
•
The enjoyment of property with a claim of right when the enjoyment
is opposed to another person’s claim and is continuous, exclusive,
hostile, open, and notorious.
5. Bona de Possession
•
Possession of property by a person who, in good faith, does not
know that the property’s ownership is disputed.
6. Constructive Possession
•
Control or dominion over a property without actual possession or
custody of it. Thus, when a possessor holds title to a property and
physically possesses part of it, the law will deem the possessor to
hold constructive possession of the rest of the property described in
the title.
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7. Exclusive Possession
•
The exercise of exclusive dominion over property, including the use
and bene t of the property.
8. Hostile Possession
•
Possession asserted against the claims of all others, especially the
true or record owner.
9. Notorious Possession
•
Possession or control that is evident to others;
•
Possession of property that, because it is generally known by
people in the area where the property is located, gives rise to a
presumption that the actual owner has notice of it.
10. Extinction Prescription
•
The extinction of a title or right by failure to claim or exercise it over
a long period of time.
11. Peaceable Possession
•
Possession is not disturbed by another’s hostile or legal attempts to
recover possession, especially wrongful possession that the rightful
possessor has appeared to tolerate.
B. How is Possession Exercise
a) Possession can be exercised in one’s own name or in that of
another (Art. 524)
b) Possession of a thing as an owner
c) Possession of a thing by reason of a right to hold, keep, or enjoy
without being an owner; See Art. 559
C. Acquisition of Possession
1. How possession is acquired (Art. 531)
a) Material Occupation - Occupation refers to physically taking control
or possession of a property or object.
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b) Exercise of a Right - It's important to note that possession can also
be acquired through legal formalities and acts, such as the
execution of a deed, or by operations of law, such as successional
rights.
c) Control over things/rights that are subject to the action of our will
(Art. 560) - This refers to constructive possession in property law,
where a person has control or the right to control over property,
even if he/she does not have physical possession of it. It is a legal
ction that treats someone with constructive possession as if they
have actual possession of the property.
2. Who can acquire possession
a) By the same person who is to enjoy it (Art. 532)
b) By his legal representatives, agent, or any other person if rati ed; in
case of minors/incapacitated persons, they need the assistance of
their legal representatives.
c) By operations of law (Art. 534) as in the case of hereditary title transmission from the moment of death
d) Possession cannot be acquired through force or intimidation as long
as there is a possessor who objects to it (Art. 536; but see the
doctrine of Self-Help) - Possession in property law requires the
consent of the possessor. If the possessor objects to another
person's attempt to acquire possession through force or
intimidation, the acquisition is considered illegal from the beginning.
The law provides remedies for someone who believes they have a
right to possess property but faces resistance from the current
possessor. Instead of using force or intimidation, the person seeking
possession should invoke the aid of the competent court. The court
will then decide who is entitled to physical possession based on
prior possession de facto.
e) Acts merely tolerated, and those executed clandestinely and without
knowledge or by violence do not affect possession (Art. 537) - The
purpose of Article 537 is to protect the rights of the possessor and
maintain stability in possession. It ensures that possession is not
easily disturbed or altered by actions that are merely tolerated,
executed clandestinely and without knowledge, or done through
violence. It reinforces the principle that possession should be
respected and not easily disrupted by unauthorized or forceful
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actions. The provisions enumerate three instances where a person
may have succeeded in taking physical possession of the property,
but the legal possession remains with the previous possessor:
(1) Acts merely tolerated - Possession that is "merely tolerated" by
the owner does not confer the legal rights associated with
adverse possession. In other words, if a person occupies a
property with the owner's knowledge and permission (whether
explicit or implicit) but without any intention of claiming
ownership, that person will not gain ownership through adverse
possession. The court usually highlights the need for proof of
lawful possession at the outset and the requirement to establish
acts of tolerance from the beginning of possession. Mere
allegations of tolerance are not suf cient, and if the possession
was unlawful from the start, the possession is considered
adverse from the beginning, and thus, the statutory period for
prescription of action or for the acquisition of the right of the
adverse possessor is recognized from the time of actual
possession.
(2) Acts executed clandestinely and without knowledge - If someone
performs actions or behaviors related to the property secretly
and without the knowledge or consent of the possessor, those
acts also do not affect the possession. This means that if
someone tries to assert control or make changes to the property
without the possessor's awareness or permission, it does not
have any legal impact on the possessor's rights to the property.
Given these requirements, acts executed clandestinely and
without the knowledge of the owner do not typically meet the
criteria for adverse possession under the law. Adverse
possession is founded on the principle that if a true owner
neglects their property rights for a prolonged period during which
another person openly and adversely possesses the property,
the adverse possessor may acquire legal ownership over time.
(3) Acts executed by violence - Acts that are executed by violence,
such as forcefully taking control of the property or using physical
force to assert possession, also do not affect the possession.
This provision emphasizes that possession cannot be acquired
or changed through violent or forceful means. Property law often
emphasizes concepts of peaceful enjoyment, lawful acquisition,
and respect for the rights of property owners. Acts of violence
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are inconsistent with these principles and are likely to be
considered trespassing or illegal forcible occupation. As a result,
courts and legal systems generally do not recognize possession
gained through violent means.
f)
Possession of movables in good faith is equivalent to a title.
However, the person who was unlawfully deprived may recover it
(Art. 559); there must be reimbursement in case of acquisition in
public sale. - When someone acquires or possesses movable or
personal property in good faith, the law presumes that they are the
rightful owner of that property. This presumption is based on the
belief that individuals should be able to rely on the apparent
ownership of property and that innocent parties should not suffer
due to the wrongful actions of others. Recognizing possession in
good faith as equivalent to a title promotes ef ciency and certainty
in commercial transactions. It encourages individuals to engage in
transactions involving movable or personal property, knowing that
their rights will be protected. This principle helps facilitate
commercial and economic activity by providing ease of transfer, a
higher level of security to ownership, and con dence to buyers and
possessors. However, the true owner may still recover the movable
property if an action is led before the possessor acquires the thing
by acquisitive prescription.
g) Possession as a fact cannot be recognized at the same time in two
different personalities except in co-possession (Art. 538)
(1) Possession, in legal terms, refers to the actual control, use, and
enjoyment of a property. It's a factual state rather than a legal
title. This article emphasizes that possession is a matter of
factual control over a property, and it can't be recognized by two
different people at the same time. This means that two separate
individuals cannot claim to be in possession of the same
property at the same time. If one person is in actual possession
of a property, another person cannot simultaneously claim to be
in possession of the same property. This is to prevent confusion
and disputes over who actually has control over the property.
The exception stated in the article is for co-possession. Copossession occurs when multiple individuals are in joint
possession of a property. This could happen in cases where
multiple people are using or enjoying the property together. In
co-possession, each individual's possession is recognized, as
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they are jointly controlling and using the property. However, even
in co-possession, each individual's possession is still distinct
from the other's.
(2) In cases of con ict of possession, here is the order of preference
in recognizing who has the right of possession
(a) The present possessor is preferred
(b) The one longer in possession is preferred in case there are
two possessors
(c) The one who presents a title is preferred in case the date of
possession is the same.
D. Loss of Possession
1. General Rule (Art. 554)
a) By abandonment of the thing - If the owner of the property
intentionally relinquishes their claim and control over it, the property
may be considered abandoned. Abandoned property can be taken
into possession by someone else who nds it.
b) By assignment made to another either by onerous or gratuitous title
- Possession of property can also be lost through voluntary transfer,
such as selling, gifting, or transferring ownership to another person.
In such cases, the new owner gains possession and control of the
property.
c) By destruction or total loss of the thing or because it goes out of
commerce
d) By the possession of another - possession is hostile
(1) One year
(2) Ten years - the real right of possession is lost
(3) Prescription on immovables is subject to land registration laws
2. Presumptions
•
Movables are not deemed lost as long as they remain under the
control of the possessor, even though, for the time being, he may
not know their whereabouts.
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E. E ects of Possession
Possession is often considered prima facie evidence of ownership,
meaning that possession alone can establish a right to ownership against
everyone except the rightful owner. These presumptions of ownership in
favor of actual possessors help provide legal protection to individuals who
are in possession of a property, even if they do not have formal ownership
documents. It allows them to assert their rights and defend their
possession against claims from others.
The Philippine Civil Code aims to strike a balance between protecting the
legitimate interests of possessors and ensuring fairness in property rights.
It acknowledges the practical reality that possession often serves as a
strong indicator of ownership and seeks to provide legal safeguards for
possessors in the absence of formal ownership documentation. By
recognizing the rights of possessors, the law encourages them to take
care of and develop the property they possess. This promotes responsible
use and prevents neglect or deterioration of the property. Granting
possessors certain rights helps prevent situations where a person who
has been in possession of a property for a long time is unjustly deprived of
their rights by someone with a competing claim. This also makes it dif cult
for opportunistic individuals, especially those with stale claims, to take
advantage of the possessors' investments and improvements made on the
property.
More importantly, possession is often the most tangible evidence of
ownership, especially in cases where formal title documents are
unavailable or disputed. Recognizing possessory rights helps maintain a
clear record of possession, which can be used as evidence of ownership
in legal proceedings such as during land registration proceedings under
the Torrens Title System or even for application for Tax Declarations where
possessory rights of occupants to public land are rst investigated (by the
local government under its real property taxing power) for purposes of
payment of real property tax.
The following provisions of the Civil Code deal with the effects of
possession:
1. Possession is respected and will be restored if disturbed; a writ of
ejectment may be issued (Art. 539, NCC)
2. Presumptions of Ownership in favor of Actual Possessors
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a) Just title - if possession is in the concept of an owner, the possessor
cannot be obliged to show or prove it. (Art. 541, NCC)
b) A possessor who shows possession at some previous time is
presumed to have held possession also during the intermediate
period in the absence of proof to the contrary. (Art. 459, NCC)
c) Possession of real properties presumes possession of movables
(Art. 542, NCC)
3. Rules common in possession (Art. 534, NCC)
a) Allocation after division is presumed to have been possessed during
the entire duration of co-possession
b) Interruption of possession prejudices all the possessors
c) In the case of Civil Interruption, the Rules of Court apply - Civil
Interruption: This refers to the interruption of possession due to
some formal legal action, such as the true owner ling a lawsuit to
recover the property. When the true owner takes such action, it can
interrupt the continuous possession of the adverse possessor,
thereby preventing them from acquiring title to the property through
adverse possession. In essence, civil interruption in possession
serves as a protective measure for the true owner of the property.
By taking formal legal action, the owner can prevent another person
from acquiring title to their property through the doctrine of adverse
possession.
d) Tacking of Possession (See tacking of possession in the discussion
on prescription)
F. Hostile Possession
1. Concept
•
Possession without authority and is adverse to the interest of the
lawful possessor.
•
Hostile"does not mean being unfriendly or malicious towards the
true property owner. Instead, it refers to the possession being
without the owner's permission or consent and infringing on their
property rights.
•
Hostility in adverse possession does not require ill intent or
animosity towards the owner. If the true owner consents or gives
license to the adverse possessor's use of the property, the
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possession is not considered hostile, and adverse possession
cannot be claimed.
•
The true or lawful owner has a cause of action for trespass, which
must be pursued within the statute of limitations. Below is the effect
when the lawful owner recovers the property.
2. Rule upon Recovery of Possession by the Lawful Owner
a) Reason for the distinction between possessor in good
faith and in bad faith
(1) The distinction between good faith and bad faith is important
because it directly impacts the rights, obligations, and remedies
available to parties involved in property disputes. The concepts
of good faith and bad faith serve as a re ection of the law's intent
to balance the protection of property rights with the principles of
fairness, justice, and equity.
(2) Good faith possession implies honesty, integrity, and a genuine
belief in one's right (bona de) to possess the property. In
contrast, bad faith indicates deceit, dishonesty, or a willful
disregard for the rights of others. The law, by distinguishing
between the two, upholds moral and ethical standards.
(3) By providing different consequences for good faith and bad faith
possession, the law encourages individuals to act honestly and
discourages wrongful possession, as we will discuss below.
b) When the Adverse Possessor is in Good Faith
(1) De nition of Good Faith
•
A possessor is deemed to be in good faith when they are not
aware of any aw or defect in their title or mode of acquisition
that would invalidate their claim to the property. However, they
are still required to return the property to the lawful owner
subject to some rights like the right of retention, as we will
discuss later.
•
Good faith is always presumed, and the burden of proof rests
on the party alleging bad faith. A possessor in good faith is
entitled to the bene ts received before their possession is
legally interrupted, such as the natural fruits, industrial fruits,
and civil fruits of the property. They have the right to retain
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these bene ts and are not obligated to return them to the true
owner.
(2) Mistakes as to a “question of law” may be a basis of good faith
(Art. 526)
•
Not all mistakes of law are treated equally. A genuine and
reasonable mistake about a legal obligation, especially in
complex areas of law, might be viewed differently than a
blatant disregard for a well-known legal rule.
•
Laws can be intricate and multifaceted. Even legal
professionals sometimes disagree on interpretations. In
such cases, a non-expert's genuine misunderstanding
might be seen as a good faith error. Punishing someone
for a genuine mistake of law, especially when they've acted
without any intent to deceive or harm, might be seen as
overly harsh.
(3) Good faith is presumed, and bad faith has to be proved (Art.
527).
•
A positive view of human nature: This presumption is
based on the concept that most people act with honest
intentions and without the intent to harm others. By
defaulting to this presumption, the law re ects a positive
view of human nature.
•
Prevents baseless accusation. The presumption of good
faith helps protect individuals from baseless accusations. If
bad faith didn't need to be proved, it would be easy for
parties in a dispute to make unfounded allegations of bad
faith, potentially leading to unjust outcomes. It's considered
equitable and fair to give individuals the bene t of the
doubt and to require a higher standard of proof for negative
allegations. This approach ensures that individuals are not
unfairly penalized based on mere suspicions or unfounded
claims.
•
It makes legal proceedings ef cient. Requiring proof of
bad faith (rather than good faith) streamlines legal
proceedings. If the law puts the burden on people to prove
their good faith, it would often be an impossible task, as
proving the absence of malice or deceit can be very
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challenging. On the other hand, speci c acts, statements,
or evidence can be presented to prove bad faith. In short, it
is generally easier to prove the existence of something (an
act, a statement, an intention) than to prove its absence. If
every claim required proof of good faith, it would add an
additional layer of complexity to many legal disputes,
potentially bogging down the judicial system.
(4) Good faith is lost upon knowledge of the facts (Art. 528)
•
Reason. In essence, Article 528 of the Civil Code of the
Philippines underscores the principle that good faith is
inherently tied to the possessor's knowledge and beliefs.
Once they become aware of facts that challenge their rightful
possession, they can no longer claim to be in good faith, as
they are now aware of the potential wrongfulness of their
possession. The law encourages individuals to take corrective
action when they become aware that their possession or claim
might be improper. This could mean relinquishing possession,
seeking a proper title, or resolving any disputes with the
rightful owner.
•
It is a matter of fairness and morality. If someone knows
they are in the wrong but continues to act as if they are in the
right, it's deceptive and unjust. The law, in recognizing this
shift from good faith to bad faith upon gaining knowledge,
upholds these moral and ethical standards.
(5) Effects of Possession in Good Faith
(a) On the Fruits
i)
Entitled to the fruits before possession is legally
interrupted
ii) Right to his proportional share in case of natural and
industrial fruits in case of interruption
(b) Refund
i)
For necessary expenses with the right of retention until
reimbursement (Art. 546, par. 1)
ii) For useful expenses with the right of retention - the owner
has the option to refund or to pay for the increase in value
(Art. 546 par. 2)
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iii) For expenses for pure luxury or mere pleasure (Art. 548)
(c) Removal
i)
Of useful improvements if it can be done without damage
or refund (Art. 547)
ii) Of ornaments for embellishment if they suffer no injury and
if the owner does not prefer to refund (Art. 548)
(d) Liability
i)
Not liable for the deterioration or loss except if there is
fraudulent intent or negligence after judicial summons
c) Possession in Bad Faith
(1) De nition
•
A possessor in bad faith is a possessor who is aware, has the
knowledge, or has actual notice of any aw in his title. He is
obliged to return the property to its rightful owner, including its
fruits, and to pay damages for his wrongful and willful act, and
he is not entitled to any reimbursement except necessary
expenses and without the right of retention. A possessor in
bad faith is viewed negatively by the law.
•
The law seeks to prevent individuals from bene ting at the
expense of others without a valid basis. A possessor in bad
faith might derive bene ts from the property they wrongfully
possess, leading to unjust enrichment. Possession in bad faith
is seen as morally and ethically wrong. It involves a deliberate
or negligent disregard for the rights of others. The law, in
many ways, is a re ection of societal values, and it seeks to
discourage behavior that is considered unethical or unjust.
(2) Effects of Possession in Bad Faith
(a) On the Fruits
•
Obligation to reimburse the owner/legitimate possessor of
the fruits received
(b) Refund
•
For necessary expenses only without the right of retention
(Art. 546 and 549)
(c) Removal
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•
Of improvement for pure luxury or please if no injury is
caused and the lawful possessor does not prefer to retina
the by paying its value (Art. 549)
(d) Liability
•
Liable for losses, including fortuitous events
3. Acquisitive and Extinctive Prescription
a) Adverse Possession
This type of possession acquired is against the interest of the
owner, and under certain circumstances, such possession can
serve as a title for acquiring dominion (Art. 540, NCC and Art. 1118,
NCC)
b) Prescription
By prescription, one acquires ownership and other real rights
through the lapse of time in theater and under the conditions laid
down by law. In the same way, rights and conditions are lost by
prescription (Art. 1106, NCC). Possession has to be in the concept
of an owner, public, peaceful, and uninterrupted (Art. 1118, NCC).
However, lands registered under the Torrens System of land
registration are not subject to prescription (Section 47, PD No. 1529
or the Property Registration Decree, “Section 47. Certi cate not
subject to prescription. No title to registered land in derogation of
the title of the registered owner shall be acquired by prescription or
adverse possession.”
c) Kinds of Acquisitive Prescription
(1) Ordinary Acquisitive Prescription
• Requires possession of things in good faith and with just title
for the time xed by law (Art. 1117, NCC). The good faith of
the possession consists in the reasonable belief that the
person from whom he received the thing was the owner and
could transmit ownership (Art. 1127). There was just title when
the adverse claimant came into possession of the property
through one of the modes recognized by law for the
acquisition of ownership or other real rights, but the grantor
was not the owner or could not transmit any right (Art. 1129,
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NCC). Just title must be proved and never presumed (Art.
1131, NCC).
(2) Extraordinary Acquisitive Prescription
• Acquisition of ownership and other real rights over things
through uninterrupted possession without need of title or good
faith (Art. 1137, NCC).
d) Period of possession required
(1) Ordinary Prescription
(a) Ownership and other real rights over immovable property are
acquired by ordinary prescription through possession of ten
years (Art. 1134, NCC).
(b) Ownership of movables prescribed through uninterrupted
possession of four years in good faith (Art. 1132, par. 1, NCC)
(2) Extra-ordinary Prescription
(a) Ownership and other real rights over immovable prescribed
through uninterrupted adverse possession for thirty years
(Art. 1137, NCC).
(b) Ownership of movables prescribes through uninterrupted
possession for eight years without the need for any condition
(Art. 1132, par. 2, NCC)
e) Rules on Prescription
(1) Properties that can be acquired by prescription
(a) All things which are within the commerce of men are
susceptible of prescription unless otherwise provided.
Property of the State or any of its subdivisions not patrimonial
in character shall not be the object of prescription. (Art. 1113,
NCC)
(b) Movables possessed through a crime can never be acquired
through prescription by the offender (Art. 1133, NCC)
i)
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The law wants to refrain from rewarding people for
committing crimes. If someone steals a property, they
should not be able to bene t from their crime by acquiring
ownership of the property through prescription.
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Discussion Guide in Property and Land Law
ii) There is one exception to the rule in Article 1133. If the
offender can prove that they did not know that the property
was stolen, they may be able to acquire ownership
through prescription. However, this is a very high standard
to meet, and it is unlikely that an offender will be able to
prove that they did not know the property was stolen.
(2) Tacking of possession
(a) In property law, tacking of possession refers to the ability of
successive landowners to combine the time of their adverse
possession to meet the required period for adverse
possession. Adverse possession is the legal process by
which someone can acquire legal ownership of land
belonging to someone else by using that land for a certain
period, typically ten years if the possession is in good faith
and 30 years if it is in bad faith.
(b) Tacking allows the current owner of the land to add their
period of adverse possession to the period of adverse
possession by the previous owner. This is done to meet the
required period of possession for prescription to set in.
(c) For tacking to be allowed, there must be privity of possession
between the successive individuals, meaning there must be a
direct connection between the two parties. Privity can be
established through conveyance, agreement, or
understanding that transfers possession of the land.
(d) Tacking is only permitted when there is no lapse between the
end of one occupant's possession and the beginning of
another's occupancy. In other words, adverse possessors
should have continuous and uninterrupted possession.
(e) Possession by the prior occupant must have been adverse or
under the color of title. Adverse possession means the
possession is hostile, open, notorious, exclusive, and
continuous. Possession under the color of title means the
possessor has a claim to the property, even if it is later found
invalid.
(f) Tacking can be established through various means, such as
lease, descent, or outright sale. For example, suppose one
adverse possessor sells their interest in the land to another
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adverse possessor. In that case, the second adverse
possessor can tack their possession to meet the required
period for adverse possession.
(3) Rule on Computing time (Art. 1138, NCC)
(a) Tacking of possession - the present possessor may complete
the period necessary for prescription by tacking his
possession to that of his grantor or predecessor in interest.
(b) It is presumed that the present possessor, who was also the
possessor at a previous time, has continued to be in
possession during the intervening time unless there is proof
to the contrary.
(c) The rst day shall be excluded, and the last day included.
(4) Interruptions
(a) Acts of possession by mere tolerance of the owner are not
adverse possession for purposes of prescription (Art. 1119,
NCC)
(b) Possession is interrupted naturally or civilly (Art. 1120, NCC).
i)
Natural - when, through any cause, it should cease for
more than one year, and the old possession is not revived
if a new possession should be exercised by the same
adverse claimant (Art. 1121, NCC).
ii)
Civil - by judicial summons to the possessor (Art. 1122).
Possession in wartime when the civil courts are not open,
shall not be counted in favor of adverse claimant (Art.
1136, NCC)
(c) Adverse possessor makes express or tacit recognition of the
owner’s right (Art. 1125, NCC)
(5) Movables possessed through a crime can never be acquired
through prescription by the offender. (Art. 1133, NCC)
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VI. TRESPASS, NUISANCE, INTERFERENCE, AND
THE RIGHT TO VINDICATE
A. Distinguish Trespass from Nuisance
•
Nuisance is an injury to property or interference with its use or
enjoyment without entering or physically invading the property.
•
Injury - immediate in trespass but consequential only in nuisance/
infringement.
•
In nuisance, the "interference" did not result from a neighbor stealing
land or trespassing on the land. Instead, it arose from activities taking
place on another person's land that affected the enjoyment of that land.
B. Trespass
1. Concept
•
Trespass to land is the most commonly associated with the term
trespass; it takes the form of an unlawful physical invasion or
usurpation of rights in real property.
•
The following elements must be established to prove a case of
trespass to land.
•
Actual interference with the right of exclusive possession, in
short, there must be existing ENTRY.
•
Intent or negligence on the part of the trespasser.
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Lack of legal right to enter the property or the lack of consent
from the owner to enter the property.
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Exclusive, legal possession of the land by the plaintiff at the time
of the trespass.
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Generally, it is unnecessary to prove harm to a possessor's legally
protected interest.
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Liability for unintentional intrusions: see good faith and bad faith.
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Trespass to chattels, also known as trespass to goods or personal
property, is"an intentional interference with the possession of private
property by another.
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•
The lessor is not obliged to answer for a mere act of trespass which
a person may cause on the use of the thing leased, but the lessee
shall have a direct action against the intruder (Art. 1664, NCC)
•
Mere acts of trespass do not suspend payment in sale (Art. 1590)
2. Cause of Action
a) The owner has the right of action against the holder and possessor
of the thing to recover it. (Art. 428, Par. 2, NCC)
b) Presumption of ownership is given to the actual possessor (Art. 433,
NCC)
c) In an action to recover, the plaintiff must rely on the strength of his
title and not on the weakness of the defendant’s claim (Art. 434,
NCC)
3. Remedies in Trespass in Real Properties
a) Self Help (Art. 429, NCC)
(1) The owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. For this
purpose, he may use force reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion or
usurpation of his property.
(2) Not available all the time; the use of self-help must be immediate
to the fact of trespass or disposition
b) Criminal Prosecution
(1) Usurpation of Real Rights under Article 312 of the RPC
(a) By means of violence against or intimidation of persons who
take possession of any real property
(b) Usurp any real rights in property belonging to another
(2) Other Form of Swindling under Article 316 of the RPC
(a) Any person who pretending to be the owner of any real
property shall convey, sell, encumber of mortgage the same
(b) Any Person who knowing that the property is encumbered
shall dispose of the same, although such encumbrance is not
recorded
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(c) Any person who sells, mortgage, or encumber real property
use as surety in a bond
c) Civil Action for Recovery of Possession
(1) Accion Interdictal - Accion interdictal refers to a legal action to
recover physical or material possession of real property. It is
commonly used in cases of forcible entry or unlawful detainer.
The purpose of Accion interdictal is to recover physical or
material possession of the property rather than determining
ownership. It focuses on who has a better right to possess the
land, not the question of who owns it. In this action, it is
jurisdictional to allege that the person trying to recover the
property had prior physical possession and was unlawfully
deprived of possession through the speci ed means.
(a) Action for Forcible Entry is a summary action aimed at
providing a speedy remedy to a person illegally deprived of
possession of land or building by force, intimidation, threat,
strategy, or stealth. Action for Unlawful Detainer is also a
summary action that allows the rightful possessor of a land or
building to regain possession from a person who unlawfully
withholds possession after the expiration or termination of the
right to possess.
(b) Action is instituted with the Municipal/City Trial Court
(c) Action must be instituted within one year
i) From the time of unlawful deprivation
ii) Demand to vacate
(d) Relief is restitution of possession with damages and costs
(e) The procedure is covered by Rule 70 of the Rules of Court on
Forceable Entry and Unlawful Detainer
i) Summary Procedure
ii) Immediate Execution on Judgement
iii) A possessor deprived of his possession may present a
motion to secure from the court a writ of preliminary
injection to restore him in his possession within ten days of
ling the complaint. The court must decide the motion
within thirty (30) days. (Art. 539)
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Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
d) Acción Publiciana
(1) Accion Publiciana refers to an action for recovery of possession
of real property. It is different from other civil actions on trespass
to land in that it focuses on the right to possess the property
rather than the act of trespassing itself, such as in cases of FEUD
when the action is typically used when someone is unlawfully
trying to take possession of the property, and the claimant seeks
to prevent or stop the interference or dispossession immediately
through court action.
(2) In short, accion interdictal is used to protect possession of real
property from unlawful dispossession, while accion publiciana is
sued to recover possession of lost real property.
(3) Thus, Accion publiciana is used if the cause of dispossession is
not FEUD or upon expiration of one year to commence an action
for FEUD. After one year, FEUD is no longer treated as Accion
interdictal but Accion publiciana after one year since the urgency
or necessity of court intervention has diminished from plaintiffs’
inaction for more than one year.
e) Recovery of Ownership and Possession
(1) Accion Reivindicatoria - Accion reinvidicatoria is a legal action or
remedy that allows a person who claims ownership of real
property to recover possession of that property from someone
who is wrongfully possessing or occupying it. This action is
typically used when there is a dispute over property ownership,
and the claimant seeks to establish their right to ownership and
possession.
(2) Suppose an adverse possessor has been in continuous, open,
notorious, and hostile possession of land for over ten years. In
that case, they may be able to acquire title to the land by adverse
possession. This is because the law presumes that someone who
has been in possession of land in good faith for a long time is the
rightful owner. The true owner can rebut the presumption of
ownership, but it is a strong presumption, and the true owner will
need to provide clear and convincing evidence to overcome it.
(3) The loss of legal ownership of the land does not necessarily
prevent the plaintiff from ling an action in court to vindicate his
right. This action is speci cally designed to address situations
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where the plaintiff was deprived of legal ownership and
possession or that the defendant has a claim of ownership over
the land, such as when there is adverse possession, double sale,
or other title claims.
f) Writ of Possession
(1) A separate action for recovery of possession is not necessary;
the court may issue a writ of possession to eject the occupant of
the land in the following instances:
(a) Land Registration Proceedings
(b) Extra-judicial Foreclosure of Mortgage as against the
mortgagor
(c) Judicial Foreclosure as against the mortgagor
(d) Execution Sale
(2) Cost-effectiveness: A full court trial can be time-consuming and
expensive. It involves legal fees, court costs, and the resources
required for both parties to present their case. On the other hand,
issuing a writ of possession is a more streamlined process,
allowing for a quicker resolution at a lower cost. This is especially
true when the court has already ruled on the ownership of the
land, such as in the case of land registration proceedings or a
foreclosure and execution sale. This allows an orderly transfer of
possession without needing a separate action to recover
possession. In short, when a court has already issued a
judgment, issuing a writ of possession will ensure that the court's
order is enforced promptly and effectively while the situation on
the ground has not changed. It avoids prolonged disputes and
delays in the transfer of possession to the new legal owner.
g) Eviction and Demolition under Republic Act No. 7279
(Urban Development and Housing Act of 1992)
(1) Section 28. Eviction and Demolition - Eviction and demolition
shall be discouraged. Eviction and demolition, however, may be
allowed under the following situations:
(a) When persons or entities occupy dangerous areas such as
esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and other public places such as
sidewalks, roads, parks and playgrounds;
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(b) When government infrastructure projects with available ending
are about to be implemented or
(c) When there is a proper order for eviction and demolition.
In the execution of eviction and demolition orders involving
underprivileged and homeless citizens, the following shall be mandatory:
(a) Notice upon the affected person at least thirty (30) days before
the date of eviction or demolition;
(b) Adequate consultations on the matter of settlement with the
duly designated representatives of the families to be resettled
and the affected communities in the areas where they are to
be relocated;
(c) Presence of local government of cials or their representatives
during eviction or demotion;
(d) Proper identi cation of all persons taking part in the
demolition;
(e) Execution of eviction or demolition only during regular of ce
hours from Mondays to Fridays and during good weather
unless the affected families consent otherwise;
(f) No use of heavy equipment for demotion except for structures
that are permanent and of concrete materials;
(g) Proper Uniform for members of the PNP who shall occupy the
rst line of law enforcement and observe proper disturbance
control procedure; and
(h) Adequate relocation, whether temporary or permanent,
provided, however, that in case of eviction and demolition
under a court order involving underprivileged and homeless
citizens, relocation shall be undertaken by the local
government unit concerned and the National Housing
Authority with the assistance of other government agencies
within forth- ve (45) days from service of notice of nal
judgment by the court. After that period, the said order shall be
executed provided, further, that should relocation not be
impossible within the said period, nancial assistance in the
amount equivalent to the prevailing minimum wage multiplied
by sixty (60) days shall be extended to the affected families by
the local government unit concerned.
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4. In Personal Property
a) Self Help (Art. 429, NCC)
(1) The owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. For this
purpose, he may use force reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion or
usurpation of his property.
b) Criminal Prosecution
(1) Revised Penal Code Book II, Title 10 "Crime against Property"
(a) Robbery
(b) Brigandage
(c) Theft
(d) Arson
(e) Malicious Mischief
c) Replevin
(1) Replevin is a lawsuit that enables a person to get back personal
property taken wrongfully or unlawfully and get compensation for
resulting losses.
(2) From medieval times, there has also come down to us a
summary process known as replevin, by which a man out of
whose possession goods have been taken may obtain their
return until the right to the goods can be determined by a court of
law. Replevin arose out of the need of a turbulent society to
discourage resort to self-help. Although primarily used in disputes
about distress between landlord and tenant for a long time, it was
gradually expanded to cover all cases of allegedly wrongful
dispossession. If the plaintiff wanted the return of his chattel in
specie, replevin was a more appropriate remedy than either
trespass or trover in which only damages could be recovered.
Restoration of the property is, of course, only provisional,
pending the determination of title.
(3) Rule 60 of the Rules of Court (Recovery of possess of personal
property)
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(a) A party praying for the recovery of possession of personal
property may, at the commencement of the action or at any
time before answer, apply for an order to deliver such property
to him.
(b) The applicant must give a bond, executed to the adverse party
in boodle the value of the property, for the return of the
property to the adverse party if such return is adjudged and for
the payment to the adverse party of such sum as he may
recover from the applicant in action.
(c) The adverse party may le a counter bond double the property
value.
C. Nuisance
1. Concept
a) De nition: A condition, activity, or situation that interferes with the
use or enjoyment of property, especially a non-transitory condition or
persistent activity that either injures the physical condition of
adjacent land or interferes with the use or the enjoyment of another
of his property.
b) Persons possessing real property (land owners, lessors, etc.) are
entitled to the quiet enjoyment of their lands. Suppose a neighbor
interferes with that quiet enjoyment by creating smells, sounds,
pollution, or any other hazard that extends past the property's
boundaries. In that case, the affected party may make a claim of
nuisance.
c) Competing property uses often posed a nuisance to each other, and
as a result, the cost of litigation to settle the con ict became
prohibitive. As a response, local governments started to adopt
zoning ordinances or a system of land use planning that allows only
certain activities in a given location. Zoning generally overrules
nuisance.
d) Modern legislation on the environment is an adaptation of the
doctrine of nuisance to the more modern complex societies. In this
new context, a person's use of his properties may be regulated,
although the harmful effect of his actions on his neighbor is far from
the traditional nuisance activities.
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e) Tort arising from such acts, conditions, or failures to act when they
occur unreasonably, the main feature of which is the interest invaded
is the use or enjoyment of property rights. The tort emphasizes the
harm to the plaintiff rather than the defendant's conduct.
f) Legally, the term nuisance is traditionally used in three ways:
(1) Describes an activity or condition that is harmful or annoying to
others
(2) Describe the harm caused by the before-mentioned activity or
condition
(3) Describe a legal liability that arises from the combination of the
two.
2. Under the Civil Code:
•
An act, omission, establishment, business, condition of property, or
anything which injures, annoys, offends, shocks, de es decency,
morality, obstructs or interferes with free passage, or hinders or impairs
the use of property (Art. 694, NCC)
3. Nuisance according to the object or objects that it
a ects (Art. 695, NCC) - Public and Private Nuisance (Art.
695, NCC)
a) Public Nuisance or Common Nuisance affects a community,
neighborhood, or many persons, although the extent of annoyance
or damage is unequal.
b) Private nuisance affects only speci c individuals and not the whole
community; it violates only private rights.
4. Nature
a) Per Se
(1) A nuisance per se when it affects the immediate safety of
persons and property may be summarily abated under the law of
necessity.
b) Per Incidens
(1) Nuisance by reason of the circumstance and surroundings
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(2) A nuisance per incidens, which depend upon certain conditions
and circumstance, and its existence being a question of fact,
cannot be abated without due hearing or judicial intervention.
5. Easement against nuisance
a) Every building or piece of land is subject to an easement, which
prohibits the proprietor or possessor from committing nuisance
through noise, jarring, offensive odor, smoke, heat, dust, water
glare, and other causes (Art. 682, NCC)
b) Subject to zoning, health, police, and other laws and emulations,
factories and shops may be maintained provided the least possible
annoyance is caused to the neighborhood (Art. 683, NCC)
c) Condemnation of Property by reason of health, safety, or security
(Art. 436, NCC)
(1) The owner of a property is not entitled to compensation when it
is condemned by the State by reason of health, safety, or
security.
(2) Unless such action is unjusti ed
6. Remedies
a) Prosecution under the Penal Code
(1) Limited to public nuisance
b) Civil Action
(1) If public nuisance - action shall be commenced by the city (Art.
701)
(2) Exception - it may be led by a private person if it is specially
injurious to him
c) Abatement without judicial proceeding
(1) Public Nuisance by Of cers of the Law(Art. 700-703)
(a) Exercise of police power by the State - the State may
authorize its of cers to abate public nuisance without
resorting to legal proceedings and without notice or hearing.
(b) The owner of the property is not entitled to compensation.
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(c) Limitation of abatement without judicial proceeding: It must
be reasonable and effectively exercised; not unduly
oppressive to individuals; the injury must be done to the
property is necessary to accomplish the abatement (Art. 707
provides that a person performing extra-judicial abatement
may be liable for damages if he causes unnecessary injury or
the court declares the alleged nuisance as not a real
nuisance.
(2) Public Nuisance by Private Persons (Art. 704)
(a) Private persons may abate a public nuisance that is injurious
to them by removing or, if necessary, destroying the thing; in
extreme necessity, timeliness.
(b) Must not breach the peace
(c) The demand must be made to abate, and the owner refused
(d) Must be made with the approval of the district health of cer
and with the assistance of the local police
(e) The value of the property must not exceed three thousand
pesos
(3) Private Nuisance by Private Persons (Art. 706)
•
The procedure is similar to abatement of public nuisance by a
private person.
7. Torts and Damages
a) A private nuisance is a civil wrong
(1) It is the unreasonable, unwarranted, or unlawful use of one's
property in a manner that substantially interferes with the
enjoyment or use of another individual's property without an
actual Trespass or physical invasion of the land.
b) A public nuisance is a criminal wrong
(1) it is an act or omission that obstructs, damages, or
inconveniences the rights of the community. A public nuisance
interferes with the public as a class, not merely one person or a
group of citizens. However, if the individual suffers harm different
from that suffered by the general public, the individual may
maintain a tort action for damages. For example, if dynamiting
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has thrown a large boulder onto a public highway, those who use
the road cannot maintain a nuisance action for the
inconvenience. However, a motorist injured from colliding with
the boulder may bring a tort action for personal injuries.
c) Private Nuisance as Tort
(1) To determine accountability for an alleged private nuisance, a
court will examine three factors:
(a) The defendant's fault - the intention or the negligence of the
defendant that interfered with the plaintiff's use and
enjoyment;
(b) The degree of interference with the plaintiff's interest - The
law is not intended to remedy tri es or redress petty
annoyances. The interference with the plaintiff's interest must
be substantial.
(c) The reasonableness of the defendant's conduct - The law
recognizes that the activities of others must be
accommodated to a certain extent, particularly in matters of
industry, commerce, or trade. The nature and gravity of the
harm are balanced against the burden of preventing the
damage and the usefulness of the conduct.
(d) The following are factors to be considered:
i)
Extent and duration of the disturbance;
ii) Nature of the harm;
iii) Social value of the plaintiff's use of their property or other
interest;
iv) The burden to the plaintiff in preventing the harm;
v) Value of the defendant's conduct, in general, and to the
particular community;
vi) The motivation of the defendant;
vii) Feasibility of the defendant's mitigating or preventing the
harm;
viii) Locality and suitability of the uses of the land by both
parties.
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D. Tortious Interference
•
Tortious interference in property refers to the unlawful interference by
one person with another's enjoyment of their private property. It occurs
when a defendant wrongfully interferes with the plaintiff's contractual or
business relationships. The right invaded must be a property right, and
it involves interference with the peaceful use and enjoyment of property.
The interference must be intentional, and the tortfeasor must have
intended to induce one of the contracting parties to breach the contract.
The plaintiff must suffer speci c economic damage as a result of the
interference. It is not enough for the defendant to have attempted to
interfere; there must be evidence of actual harm or injury caused by the
interference.
•
An example of tortious interference with property rights could be if a
third party induces a tenant to breach their lease agreement with the
property owner by offering them a better deal or using threats to force
them to terminate the lease. In this case, the property owner may bring
a civil lawsuit to recover losses and damages caused by the
interference.
E. Quieting of Title
1. An action brought to remove a cloud on title to real property by reason
of any instrument, record, claim, encumbrance, or proceedings which is
apparently valid or effective but is in truth and in fact invalid, ineffective,
or unenforceable, and may be prejudicial to said title. (Art. 476)
2. Legal or equitable title to or interest in real property
3. Return of all the bene ts acquired by the plaintiff to the defendant (Art.
479)
`
VII. LIMITATIONS OF OWNERSHIP
A. Injurious Use
1. General Rule
•
An owner cannot use the property in such a manner as to injure the
rights of a third person.
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The injurious use of property refers to the misuse or harmful actions
the property owner takes that can negatively impact others or the
community. It is considered a limitation on ownership because it
recognizes that property rights are not absolute and must be
balanced with the well-being and rights of others. This limitation
ensures that property owners cannot use their property in a way that
causes harm or infringes on the rights of others.
2. On Ruinous Buildings and Trees in Danger of Falling
a) Chapter 4, Sections 482-483, NCC
b) The owner has the obligation to demolish or execute necessary
work
c) Administrative authority may order its demolition or take measures
to ensure public safety
B. Easements and Servitudes in General
1.
De nitions
a) In General:
•
An interest in land owned by another person, consisting of the
right to use or control the land, or an area above or below it, for a
speci c limited purpose, such as to cross it for access to a public
road. Unlike a lease, an easement may last forever but does not
give the holder the right to possess, take from, improve, or sell
the land.
•
An easement or servitude is an encumbrance imposed upon an
immovable for the bene t of another immovable belonging to a
different owner. Servitudes may also be established to bene t a
community or one or more persons to whom the encumbered
estate does not belong (Articles 613, 614, 617, and 618, NCC).
•
Easements are inseparable from the estate to which they actively
or passively belong.
•
If the servient estate is divided between two or more persons, the
easement is not modi ed, and each must bear it on the part
corresponding to him.
b) Dominant Estate
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The land bene tting from the estate is called the dominant estate
c) Servient Estate
•
The land burdens by an easement are called servient estate
2. Kinds of Easements
a) Continuous or Discontinuous
Continuous easements can be enjoyed without the intervention of
any deliberate or purposeful act by the individual claiming the
easement. Continuous easements include easements for sewer
pipes, drains, light, air, and lateral support of a wall. Continuous
easements are used incessantly without the need for human
intervention.
On the other hand, discontinuous easements are used at intervals
and depend on the acts of man. These easements require human
action or intervention for their use. An example of a discontinuous
easement is a right of way that requires someone to enter the
servient property physically.
b) Apparent or Non-apparent
Apparent easements are those that are made known and are
continually kept in view by external signs that reveal their use and
enjoyment. These easements have external indications or physical
or visual signs that show their existence. Apparent easements
include a right of way or a window that provides light and view.
Non-apparent easements are those that show no external indication
of their existence. These easements do not have any physical or
visual signs that reveal their presence. An example of a nonapparent easement is an easement that restricts a building beyond
a certain height.
c) Positive or Negative
A positive easement, also known as an af rmative easement, grants
the easement holder the right to do something on the land of the
grantor of the easement. Positive easements include the right to
travel on the road through the grantor's land or install power lines or
sewage lines on a property the easement holder does not own.
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Positive easements allow the easement holder to perform an action
on the servient estate, which is the land subject to the easement. A
negative easement allows the easement holder to restrict the
grantor of the easement from doing something on their land that
would otherwise be lawful. Examples of negative easements include
prohibiting the grantor from building a structure that blocks sunlight
or a scenic view or preventing the grantor from building an
obstruction on the servient estate. Negative easements give the
dominant estate, which bene ts from the easement, the right to
prevent certain activities on the servient estate.
d) Legal and Voluntary
Legal easements include those created by law and may be imposed
on a property without the owner's consent. Examples of legal
easements include easements by necessity, easements by
prescription, and easements created by court order. Easements by
necessity are created when one parcel of land is landlocked and
requires access through another property to reach a public road or
utility. Easements by prescription, also known as prescriptive
easements, are acquired through the open, continuous, and adverse
use of another person's property for a speci ed period. Legal
easements can also be created by court order, such as in cases
where an easement is necessary for the fair and just use of the land.
The voluntary agreement of the property owner and the easement
holder creates voluntary easements. These easements are
established through a written agreement between the parties
involved and are typically recorded with the property deeds.
Examples of voluntary easements include express easements, which
are explicitly granted or reserved in a written agreement, and implied
easements, which arise when two parcels of land were previously
treated as a single tract or owned by a common owner. Voluntary
easements are based on the mutual consent and agreement of the
parties involved. They are typically created to bene t the dominant
estate while imposing certain obligations on the servient estate.
3. Modes of Acquiring Easements
a) By Prescription
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Continuous and apparent easements - by title or prescription of
10 years
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b) By Title
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Continuous non-apparent and discontinuous easements - by title
4. Rights and Obligations (Article 627-630)
a) Dominant Estate
•
Upon notice to the owner of the servant estate, the owner of the
dominant estate may make at his own expense any works
necessary for the use and preservation of the servitude, but
without altering it or rendering it more burdensome.
•
Rules
1. Most convenient time;
2. Most convenient manner; and
3. Least inconvenience
b) Servient Estate
•
The owner of the servient estate cannot impair, in any manner
whatsoever, the use of the servitude. The owner of the servient
estate retains the ownership of the portion on which the
easement is established and may use the same in such a manner
as not to affect the exercise of the easement.
•
Exception - should the easement become very inconvenient to
the owner of the servient estate, it may be changed at his
expense, provided he offers another place or manner equally
convenient without injuring the dominant estates.
5. Extinguishment of Easements
a) By merger;
b) By prescription or non-user (form and manner) for ten years;
however, If the dominant estate belongs to several persons in
common, the use of the easement by any one of them prevents
prescription concerning the others;
c) By its condition, making the easement unusable unless revived prior
to prescription;
d) By the contract (term, condition, redemption) as agreed by the
owners of the dominant and servient estate and
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e) By the renunciation of the owner of the dominant estate.
6. Special Law: Presidential Decree No. 1096 (National
Building Code of the Philippines)
a) Repealed Republic Act No. 6541 (An Act to Ordain and Institute a
National Building Code of the Philippines
b) Section 301. Building Permits. - No person, rm, or corporation,
including any agency or instrumentality of the government, shall
erect, construct, alter, repair, move, convert, or demolish any
building or structure or cause the same to be done without rst
obtaining a building permit therefor from the Building Of cial
assigned in the place where the subject building is located or the
building work is to be done.
c) Chapter 2: Administration and Enforcement (related to nuisance)
d) Chapter 6: Fire Resistive Requirements in Construction (related to
party walls)
e) Chapter 8: Light and Ventilation (related to party walls, light and
view)
f)
Chapter 9: Sanitation (related to waters, drainage of buildings)
g) Chapter 10: Building Projection Over Public Streets (related to right
of way, light, view, and distances)
h) Chapter 12: General Design and Construction Requirements
(related to lateral and subjacent supports)
i)
Chapter 20: Signs (related to light and view)
7. Easement of Right of Way
a) Articles 649 to 657 of the Civil Code
b) De nition - The right to pass through property owned by another.
ROW can be established by contract, longstanding use, or law.
c) Dominant and Subservient Estate d) Compulsory Right of Way - A person may demand ROW if his
property is enclosed by other properties under the following
conditions.
(1) That the dominant estate is surrounded by other immovables
and has no adequate outlet to a public highway (Art. 649, par. 1);
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(2) After payment of proper indemnity (Art. 649, par. 1, end);
(3) That the isolation was not due to acts of the proprietor of the
dominant estate (Art. 649, par. 4); and
(4) That the right of way claimed is the least prejudicial to the
servient estate, and insofar as consistent with this rule, where
the distance from the dominant estate to a public highway may
be the shortest. (Art. 650)
e) Executive Order No. 621, s. 1980 (Amended EO 113, s. 1955)
(1) National roads shall have a right of way of not less than twenty
(20) meters, provided that such minimum width may be reduced
at the discretion of the Minister of Public Highways to fteen (15)
meters in highly urbanized areas and that a right of way of at
least sixty (60) meters shall be reserved for roads constructed
through unpatented public land and at least one hundred twenty
(120) meters reserved through naturally forested areas of
aesthetic or scienti c value.
(2) What is a setback?
(a) Setback – an offset applied and enforced over real property,
in the form of negative easement, from property line to
building line, measured perpendicularly.
(b) Front setback provides “breathing air” for streets and
provisions for future government constructions.
8. Easement of Party Wall
a) Covered by Articles 658-666 of the Civil Code
b) The easement of party wall shall be governed by the provisions of
this Title, by the local ordinances and customs insofar as they do
not con ict with the same, and by the rules of co-ownership (Art.
658, NCC).
c) Presumption
•
The existence of an easement of party wall is presumed unless
there is a title, exterior sign, or proof to the contrary in dividing
walls of adjoining buildings up to the point of common elevation;
In dividing walls of gardens or yards situated in cities, towns, or in
rural communities; and fences, walls and live hedges dividing
rural lands.
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d) Renunciation
•
If the owner of a building supported by a party wall desires to
demolish the building, he may also renounce his part-ownership
of the wall, but the cost of all repairs and work necessary to
prevent any damage that the demolition may cause to the party
wall, on this occasion only, shall be borne by him (Art. 663,
NCC). See also repairs on party walls.
e) Repairs
•
f)
The cost of repairs and construction of party walls and the
maintenance of fences, live hedges, ditches, and drains owned in
common shall be borne by all the owners of the lands or
tenements having the party wall in their favor, in proportion to the
right of each. Nevertheless, any owner may exempt himself from
contributing to this charge by renouncing his part-ownership,
except when the party wall supports a building belonging to him
(Art. 662, NCC)
Use
•
Every part-owner of a party wall may use it in proportion to the
right he may have in the co-ownership without interfering with the
common and respective uses by the other co-owners (Art. 666,
NCC).
9. Easement of Light and View
a) Right to Light:
•
Right to light is a form of easement that gives an owner of a
building with windows a right to maintain the level of illumination
necessary for use in the building.
•
Generally, a right to light refers to the right to receive suf cient
light through an opening (such as a window), allowing ‘ordinary’
comfortable use and enjoyment of a dwelling or ‘ordinary’
bene cial use and occupation of other buildings.15
•
The levels of acceptable light have yet to be objectively
quanti ed and are instead assessed on a case-by-case basis by
the courts. However, “suf cient light according to the ordinary
notions of mankind” and “tangible deprivation to a building” are
15 http://www.designingbuildings.co.uk/wiki/Rights_to_light
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arguable expressions that have earned substantial fees to the
legal and surveying professions and given rise to specialists
and expert witnesses in this eld.
•
Rights to light can be the result of 'easements can be ‘nuisance’
issues. It is a nuisance issue if there is interference with a
person's right to enjoy his property. Such interference must be
‘unreasonable’ to constitute a nuisance.
b) Covered by Articles 667-673 of the NCC
(1) General Rule (Art. 667, NCC)
•
No part-owner may, without the consent of the others, open
through the party wall any window or aperture of any kind.
(2) Two Meter Rule
•
No windows, apertures, balconies, or other similar projections
which afford a direct view upon or towards an adjoining land
or tenement can be made without leaving a distance of two (2)
meters between the wall in which they are made and such
contiguous property. Neither can side or oblique views upon
or towards such conterminous property be had unless there
be a distance of sixty centimeters. The non-observance of
these distances does not give rise to prescription (Article 670,
NCC).
•
Whenever by any title a right has been acquired to have direct
views, balconies, or belvederes overlooking an adjoining
property, the servient estate owner cannot build thereon at
less than a distance of three meters to be measured in the
manner provided in article 671. Any stipulation permitting
distances less than those prescribed in Article 670 is void.
(Articles 673, NCC)
(3) Exception to the Two Meter Rule
•
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When the distances in Article 670 are not observed, the owner
of a wall that is not a party wall adjoining a tenement or piece
of land belonging to another can make it openings to admit
light at the height of the ceiling joints or immediately under the
ceiling, and of the size of thirty centimeters square, and, in
every case, with an iron grating embedded in the wall and with
a wire screen (Article 667, NCC).
Atty. Erwin L. Tiamson
Discussion Guide in Property and Land Law
•
They are separated by public highways or alleys - not
applicable to buildings separated by a public way or alley,
which is not less than three meters wide, subject to special
regulations and local ordinances (Art. 672, NCC).
(4) How distance is measured:
•
The distance referred to in the preceding article shall be
measured in cases of direct views from the outer line of the
wall when the openings do not project, from the outer line of
the latter when they do, and in cases of oblique view from the
dividing line between the two properties (Article 671, NCC).
c) Covered by Chapter VII (Light and Ventilation) of the National
Building Code of the Philippines (Presidential Decree No. 1096)
(1) Section 808. Window Openings (P.D. 1096) - Every room
intended for any use, not provided with an arti cial ventilation
system as herein speci ed in this Code, shall be provided with a
window or windows with a total free area of openings equal to at
least ten percent of the oor area of the room. Such window shall
open directly to a court, yard, public street or alley, or open water
courses.
(2) Section 804 (P.D. 1096) - Size and Dimension of Courts.
(a) The minimum size of courts and their least dimensions shall
be governed by the use, type of construction, and height of
the building as provided in the rules and regulations
promulgated by the Secretary, provided that the minimum
horizontal dimension of the court shall be not less than 2.00
meters.
(b) All inner courts shall be connected to a street or yard, either
by a passageway with a minimum width of 1.20 meters or by
a door through a room or room.
(c) Every court shall have a width of not less than 2.00 meters for
one (1) or two (2) storey buildings. However, if the court is
treated as a yard or vice versa, this may be reduced to at
least 1.50 meters in cluster living units such as quadruplexes,
rowhouses, and the like, with adjacent courts with an area of
not less than 3.00 sq. meters. Further, the separation walls or
fences, if any, shall not be higher than 2.00 meters.
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10. Easement of Drainage of Buildings (Arts. 674-676)
a) General Rule: The owner should collect water falling on his land so
as not to cause damage
•
The owner shall be obliged to collect the water in such a way as
not to cause damage to the adjacent land or tenement (Art. 674,
NCC).
•
The owner of a building shall be obliged to construct its roof or
covering in such a manner that the rainwater shall fall on his land
or a street or public place.
b) Easement of Drainage
•
Whenever the yard or court of a house is surrounded by other
houses, and it is not possible to give an outlet through the house
itself to the rainwater collected thereon, the establishment of an
easement of drainage can be demanded, giving an outlet to the
water at the point of the contiguous lands or tenements where its
egress may be most accessible, and establishing a conduit for
the drainage in such manner as to cause the least damage to the
servient estate, after payment of the property indemnity (Art. 676,
NCC).
•
The owner of a piece of land, subject to the easement of
receiving water falling from roofs, may build in such manner as to
receive the water upon his own roof or give it another outlet in
accordance with local ordinances or customs and in such a way
as not to cause any nuisance or damage whatever to the
dominant estate (Art. 675, NCC).
•
Most local ordinances on elements of drainage adopt the letters
of the National Building Code.
c) Section 904. Storm Drainage System (P.D. No.1096)
(1) Rainwater drainage shall not discharge to the sanitary sewer
system.
(2) Adequate provisions shall be made to drain rainwater from low
areas in buildings and their premises.
(3) The drainage pipe installation and sewerage system of any
premises and connection with any public disposal or any
acceptable terminal shall conform to the Revised National
Plumbing Code of the Philippines.
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d) Revised National Plumbing Code of the Philippines.
11. Easement on Distances (Articles 677-681)
a) Meaning
•
Permanent and prohibitory easements may run to the land in
perpetuity as long as the conditions that cause the easement
exist;
•
It may or may not be compensable
b) Construction near fortresses
•
No constructions can be built or plantings made near forti ed
places or fortresses without compliance with the conditions
required in special laws, ordinances, and regulations relating
thereto (Article 677, NCC).
c) Building of improvements and structures that may do damage to
neighboring estates
•
No person shall build any aqueduct, well, sewer, furnace, forge,
chimney, stable, depository of corrosive substances, machinery,
or factory which by reason of its nature or products is dangerous
or noxious without observing the distances prescribed by the
regulations and customs of the place, and without making the
necessary protective works, subject, in regard to the manner
thereof, to the conditions prescribed by such regulations. These
prohibitions cannot be altered or renounced by stipulation on the
part of the adjoining proprietors. In the absence of regulations,
such precautions shall be taken as may be considered necessary
in order to avoid any damage to the neighboring lands or
tenements (Article 678, NCC).
d) Branches of trees extending and fruits falling over neighboring
estates
•
If the branches of any tree should extend over a neighboring
estate, tenement, garden, or yard, the owner of the latter shall
have the right to demand that they be cut off insofar as they may
spread over his property, and, if it be the roots of a neighboring
tree which should penetrate into the land of another, the latter
may cut them off himself within his property (Article 680, NCC).
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•
Fruits naturally falling upon adjacent land belong to the owner of
said land (Article 681, NCC).
12. Easement on Nuisance (Arts. 682-683)
a) Meaning
•
Every building or piece of land is subject to the easement, which
prohibits the proprietor or possessor from committing nuisance
through noise, jarring, offensive odor, smoke, heat, dust, water,
glare, and other causes (Article 682, NCC).
b) The least possible annoyance to the neighborhood
•
Subject to zoning, health, police, and other laws and regulations,
factories and shops may be maintained provided the least
possible annoyance is caused to the neighborhood (Article 683,
NCC)
c) Dangerous and ruinous buildings are also nuisances under P.D.
1096
•
Section 216. Abatement of Dangerous Buildings – When any
building or structure is found or declared to be dangerous or
ruinous, the Building Of cial shall order its repair, vacation, or
demolition depending upon the degree of danger to life, health,
or safety. This is without prejudice to further action that may be
taken under the provisions of Articles 482 and 694 to 707 of the
Civil Code of the Philippines.
13. Easement of Lateral and Abjacent support (Arts.
684-687)
a) Meaning in law
(1) Lateral and subjacent support, in the law of property, describes
the right a landowner has to have that land physically supported
in its natural state by both adjoining land and underground
structures.
b) Subsidence
•
Any downward movement of the solid from its natural position,
sinking of the soil.
c) Example
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•
If a neighbor's excavation or excessive extraction of underground
liquid deposits (i.e., crude oil or aquifers) causes subsidence
(e.g., causing the landowner's land to cave in), the neighbor will
be subject to strict liability in a tort action. The neighbor will also
be strictly liable for damage to buildings on the landowner's
property if the landowner can show that the weight of the
buildings did not contribute to the collapse of the land. If the
landowner is unable to make such a showing, the neighbor must
be shown to have been negligent in order for the landowner to
recover damages.
d) Excavations under the Civil Code
•
No proprietor shall make such excavations upon his land as to
deprive any adjacent land or building of suf cient lateral or subjacent
support. Any stipulation or testamentary provision allowing
excavations that cause danger to adjoining land or structure shall be
void. Article 686. The legal easement of lateral and subjacent
support is not only for buildings standing at the time the excavations
are made but also for constructions that may be erected. Article 687.
Any proprietor intending to make any excavation contemplated in the
three preceding articles shall notify all owners of adjacent lands
(Article 684 - 687, NCC).
e) Excavation under PD No. 1096
•
Section 1202, P.D. 1096 - Excavation, Foundation, and Retaining
Walls (a) Subject to the provisions of Articles 684 to 686 of the
Civil Code of the Philippines on lateral and subjacent support, the
design and quality of materials used structurally in excavation,
footings, and in foundations shall conform to accepted
engineering practice.
14. Easement relating to waters
a) Characterization of Water
(1) Diffuse surface water refers to water that results from rainfall or
snowmelt and has yet to enter a natural watercourse or drainage
system. Generally, landowners have the right to capture and use
diffused surface water, but they may not divert it in a way that
damages neighboring properties.
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(a) Common enemy rule - water is a common enemy to all, so
everyone has a right to get rid of it however they see t. The
shortcoming of this approach is the failure to consider the
consequences when neighboring landowners are looking out
for their personal interests to the detriment of others.
(b) Civil law rule - adopted by Civil Law countries; an individual
can get rid of the water in a manner that is in accord with the
natural ow of the water. This approach favors the upstream
landowners at the expense of the downstream.
(c) Reasonable use - determines where the water should go
based upon what would be reasonable for the ordinary
person under the circumstance. The approach, while
providing the greatest exibility, provides the greatest
uncertainty.
(2) Naturally owing water refers to water in natural watercourses,
like rivers and streams.
(a) Prior appropriation theory - Whoever takes the water rst has
superior rights to the water.
(b) Natural ow theory - rights to the water depend on the water’s
natural ow not being disturbed. Favors the upstart owners in
a potentially unfair manner.
(c) Reasonable use - determined on a case-to-case basis,
looking at what is reasonable under the circumstance.
(3) Percolating water refers to water that oozes, seeps, or lters
through the soil beneath the surface without a de ned channel or
in a course that is unknown and not discoverable from surface
indications without excavation for that purpose.
(a) Absolute theory - property owner has absolute ownership of
any water that percolates through their land. It may be unduly
prejudicial to neighboring landowners.
(b) Co-relative rights theory - rights to percolating water are
based on the amount of surface water owned. This does not
consider the need or reward for the effort and ingenuity it may
take to remove the water.
(c) Reasonable use theory - uses the good person standard to
determine the rights of the rival claimants to the percolating
water.
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b) Articles 637-648 of the NCC
c) General Rule
•
Lower estates are obliged to receive the waters which naturally
and without man’s intervention descend from the higher estates
and the stones or earth they carry with them. The owner of the
lower estate cannot construct works that will impede this
easement; neither can the owner of the higher estate make works
that will increase the burden.
d) Easement of Aqueduct
(1) Any person who may wish to use upon his estate any water of
which he can dispose shall have the right to make it ow through
the intervening estates, with the obligation to indemnify their
owners, as well as the owners of the lower estates upon which
the waters may lter or descend. (Article 642, NCC)
(2) For legal purposes, the easement of aqueduct shall be
considered as continuous and apparent, even though the ow of
the water may not be continuous, or its use depends upon the
needs of the dominant estate or upon a schedule of alternate
days or hours, (Article 646, NCC)
(3) One who, for the purpose of irrigating or improving his estate,
has to construct a stop lock or sluice gate in the bed of the
stream from which the water is to be taken may demand that the
owners of the banks permit its construction after payment of
damages, including those caused by the new easement to such
owners and to the other irrigators, (Article 647)
(4) Conditions: One desiring to make use of the Easement of
Aqueduct is obliged:
(a) To prove that he can dispose of the water and that it is
suf cient for the use for which it is intended;
(b) To show that the proposed right of way is the most convenient
and the least onerous to third persons;
(c) To indemnify the owner of the servient estate in the manner
determined by the laws and regulations. (Article 643, NCC)
(5) Limitations:
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(a) Article 644. The easement of aqueduct for private interest
cannot be imposed on buildings, courtyards, annexes,
outhouses, orchards, or gardens already existing. (559)
(b) Article 645. The easement of aqueduct does not prevent the
owner of the servient estate from closing or fencing it or from
building over the aqueduct in such a manner as not to cause
the latter any damage or render necessary repairs and
cleanings impossible. (560)
(c) Article 648. The establishment, extent, form, and conditions of
the servitudes of waters, to which this section refers, shall be
governed by the special laws relating thereto insofar as no
provision therefor is made in this Code. (563a)
e) Three (3) meter Easement for Navigation
•
f)
The banks of rivers and streams, even in case they are of private
ownership, are subject throughout their entire length and within a
zone of three meters along their margins to the easement of
public use in the general interest of navigation, oatage, shing,
and salvage. Estates adjoining the banks of navigable or
oatable rivers are, furthermore, subject to the easement of
towpath for the exclusive service of river navigation and oatage.
Indemnity for the private owner is necessary only if there is
occupation of land for that purpose.
Building of Dam for Diversion of Water
•
Whenever for the diversion or taking of water from a river or
brook, or for the use of any other continuous or discontinuous
stream, it should be necessary to build a dam, and the person
who is to construct it is not the owner of the banks, or lands which
must support it, he may establish the easement of abutment of a
dam, after payment of the proper indemnity. (554)
g) Building of Dam for Diversion of Water
•
Article 640. Compulsory easements for drawing water or for
watering animals can be imposed only for reasons of public use
in favor of a town or village, after payment of the proper
indemnity.
•
Article 641. Easements for drawing water and for watering
animals carry with them the obligation of the owners of the
servient estates to allow passage to persons and animals to the
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place where such easements are to be used, and the indemnity
shall include this service. (556)
C. Private Ownership vs. The State
1. Police Power
a) Land Use Regulations/Zoning
(1) In General
(a) Interference with the Traditional Property Rights Regime Traditionally, land owners have absolute freedom to use land
except if the use creates a nuisance or is limited by easement
rights.
(b) Before, few regulations existed to control land use. As society
shifted from rural to urban, public land regulation became
important, especially to city governments trying to control
industry, commerce, and housing within their boundaries. The
rst zoning ordinance was passed in New York City in 1916,
and by the 1930s, most states had adopted zoning laws. In
the 1970s, environmental concerns and historic preservation
led to further regulation.
(c) Criticism of zoning laws comes from those who see the
restrictions as violating property rights. It has been argued
that local zoning authorities can too easily strip property
owners of their right to unencumbered land use.
(d) Land use is also criticized as a means to promote social and
economic segregation through exclusion. These exclusionary
zoning measures arti cially maintain high housing costs
through land-use regulations such as maximum density
requirements. Thus, lower-income groups deemed
undesirable are effectively excluded from the given
community. i.e., gated subdivisions vs. slums
(e) In the American South, zoning was introduced as an explicit
mechanism for enforcing racial segregation in communities.
(f) Work against economic ef ciency and hinder development in
a free economy. Poor zoning restrictions are claimed to
restrict a given area's optimal, ef cient usage.
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(2) Land Use Regulation
(a) Public regulations of the use and development of land
generally focus on four aspects of land use, namely:
i)
The type of use, such as whether it will be used for
agricultural, commercial, industrial, or residential
purposes;
ii) The density of use, manifested in concerns over the
height, with bulk or environmental impacts of the physical
structure of the land;
iii) The aesthetic impact of the use, which may include the
design and placement of the structure of the land and
iv) The effect of the particular use of the land on the cultural
and social values of the community
(3) Zoning
• Describes the control, usually by local authority, of land use
and buildings and improvements thereon. Local authorities
divide land areas into zones within which various uses are
permitted. It is a tool in land use planning.
(4) Devices used
(a) Non-Conforming Uses - use is impermissible under current
zoning restrictions but is allowed because it existed lawfully
before the restriction took effect.
(b) Amortization
(c) Zoning Amendments
(d) Zoning Variance - A license or of cial authorization to depart
from a zoning law.
(e) Special Exceptions - An allowance in a zoning ordinance for
special use that is considered essential and not
fundamentally incompatible with the original zoning
regulation.
(f) Spot Zoning - Zoning a particular piece of land without regard
for the zoning of the larger area surrounding the land.
(g) Private Zoning - The use of restrictive covenants in private
agreements to restrict the use and occupancy of real
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property. Private zoning often covers lot size, building line,
architectural speci cation, and property uses.
(5) Laws on Land Use in the Philippines
(a) Batas Pambansa Blg. 220 - Authorizes the Ministry of Human
Settlements to establish and promulgate different levels of
standards and technical requirements for economic and
socialized housing projects in urban and rural areas from
those provided under Presidential Decrees No. 957, 1216,
1067, and 1185.
(b) Presidential Decree No. 957 - regulates the sale of
subdivision lots and condominiums.
(c) Presidential Decree No. 1216 - de ning "open space" in
residential subdivisions and amended section 31 of
Presidential Decree No. 957 requiring subdivision owners to
provide roads, alleys, sidewalks and reserve open space for
parks or recreational use)
(d) Republic Act No. 7160 - mandated the LGU to prepare and
implement a comprehensive land use plan (CLUP) and shall
approve subdivision plans.
(e) Executive Order No. 71 - implemented the provision of RA
No. 7160 on the LGU mandate to approve subdivision plans
for cities and municipalities under R.A. No. 7160 (LGC).
(f) Executive Order No. 72 - implemented the provision of the
LGC to prepare and implement the comprehensive Land Use
Plans. HLURB’s role on standards.
(g) Republic Act No. 7279 - Urban Development and Housing Act
provided a comprehensive and continuing urban development
and housing program, establishing its implementation
mechanism.
(h) Republic Act No. 12201 - Republic Act No. 11201, also known
as the "Department of Human Settlements and Urban
Development Act," established the DHSUD to serve as the
primary national government entity responsible for the
management of housing, human settlement, and urban
development. The department consolidates the functions of
the Housing and Urban Development Coordinating Council
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(HUDCC) and the Housing and Land Use Regulatory Board
(HLURB).
(i) The creation of the DHSUD aims to ensure a more ef cient,
responsive, and organized implementation of housing and
urban development programs, projects, and activities in the
country.
(j) Proposed Land Use Act - 20 years of deliberation in Congress
b) Environmental Laws, Rules and Regulations
(1) In general
(a) Land use and land management practices have a signi cant
impact on natural resources, including water, soil, nutrients,
plants, and animals.
(b) The signi cant effect of land use on land cover since 1750
has been the deforestation of temperate regions. More recent
signi cant effects of land use include urban sprawl, soil
erosion, soil degradation, salinization, and deserti cation.
Land-use change, together with the use of fossil fuels, is the
primary anthropogenic source of carbon dioxide, a dominant
greenhouse gas.
(c) Many environmental laws affect how property can be used.
(d) Environmental laws developed only in the 1960s and created
comprehensive legislation that sometimes intersected with
laws governing property.
(2) Property and Ecology
(a) Land is not a passive entity waiting to be transformed by its
land owner. The land is already at work, performing essential
services in its unaltered state. Some ecological functions
have been recognized and protected by law. Viewing land
through the lens of nature’s economy reduces the
signi cance of property lines. (Joseph L. Sax, Property Rights
and the Economy of Nature, 45 Stan. L. Review. 1433,
(1993))
(3) Theories
(a) Utilitarian theory - land is solely the owner’s property to
develop as the owner pleases.
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(b) Green theory - ecological ethic emphasizes the moral duty of
humanity to act as a steward of natural life (J. Peter Bryne,
Green Property, 7 Const. Comment. 239, 243 (1990)
(c) Public Trust Doctrine - lands are deemed to be owned in trust
by the sovereign for the bene t of the public
(d) Bundle of rights - title does not include the right to violate the
public trust.
(4) Environmental Laws in the Philippines
(a) Presidential Decree No. 1586 “Establishing an Environmental
Impact Statement System, including other Environmental
Management Related Measures and for other Purposes”
(b) Presidential Decree No. 1152 “Philippine Environmental
Code” (amended)
(c) Republic Act No. 6969, “Toxic Substances and Hazardous
and Nuclear Waste Act of 1990”
(d) Republic Act No. 8749, “Philippine Clean Air Act”
(e) Republic Act No. 9003 “Ecological Solid Waste Management
Act of 2000”
(f) Republic Act No. 9275, “Philippine Clean Water Act No. 2004”
2. Eminent Domain
a) Art. 435. No person shall be deprived of his property except by
competent authority and for public use always upon payment of just
compensation.
3. Taxation
a) The theorem states that if trade in an externality is possible and
there are suf ciently low transaction costs, bargaining will lead to an
ef cient outcome regardless of the initial allocation of property. In
practice, obstacles to bargaining or poorly de ned property rights
can prevent Coasian bargaining.
b) In economics and related disciplines, a transaction cost is a cost
incurred in making an economic exchange. Transaction costs are
expenses incurred during the process of buying or selling goods
and services. They can be nancial, such as brokers' commissions
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and spreads, or non- nancial, such as time and labor involved in the
process. These costs are crucial because they affect net returns
and the ef ciency of market transactions.
c) If transaction costs are prohibitively high, then property rights will
neither be established nor maintained, and property rights will be
zero. The reverse, however, is not necessarily true. If property rights
are complete in some situations, there are two possibilities: either
transaction costs are zero, or costs may have been incurred to
guarantee the property rights simply because the bene ts of doing
so exceed the costs - in which case transaction costs are favorable.
Further, when property rights are zero, transaction costs could also
be zero. For example, if a property right could never be established,
despite the resources devoted towards such a goal, no one would
bother making any expenditures towards establishing property
rights, and the good would remain unowned. For example, there are
no property rights over the planet Venus, and no efforts have been
made to establish any.
VIII.USUFRUCT
A. De nition:
1. A usufruct is a legal right that allows a person, known as the
usufructuary, to use and derive income or bene t from someone else's
property without owning it. This right is typically for a limited time period
and includes two key components: Usus: The right to use the property
directly without damaging or altering it. Fructus: The right to enjoy the
pro ts from the property, such as leasing it, selling crops produced on
it, or charging admission.
2. Generally, the usufructuary must maintain the property and cannot
destroy, damage, or dispose of it since they do not have the right of
abusus, which is the right to consume, destroy, or transfer ownership.
Usufructs can be perfect or imperfect, with the former allowing the
usufructuary to use the property and pro t from it without substantial
changes and the latter allowing some alterations for better use, such as
agricultural improvements. However, the usufructuary does not own
these improvements after the usufruct ends.
3. Under the Civil Code:
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a) Usufruct gives a 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 (Art. 562, NCC).
b) It is constituted by law, by the will of private persons in acts intervivos or mortis cause, and by prescription (Art. 563, NCC).
c) The rights and obligations of the usufuctuary are provided in the title
or, in case of de ciency, by the Code (Art. 565, NCC).
B. Rights and Obligation of the Owner
1. To make any works, improvements, and plantings as long as it will not
diminish the usufruct or prejudice the right of the usufructuary
2. To receive the thing at the end of the Usufruct
3. Things that deteriorate - the obligation to return as is
4. Consumables - pay the appraised value at the time of the usufruct,
return the same quantity and quality, or pay the current price when the
usufructuary ceases.
5. To transfer or alienate the thing, but he cannot alter its form or
substance or do anything thereon which may be prejudicial to the
usufructuary.
6. To be noti ed of the inventory and receive security for the thing
7. To remove trees that may be left in cases of calamities
8. To administer the thing if the usufructuary fails to give security
9. To make ordinary repairs if the usufructuary refused after demand, at
the expense of the usufructuary
10. To pay for extra-ordinary repairs upon notice, right to demand legal
interest for the time the usufructuary last
11. Pay taxes that relate directly to the capital
C. Rights of Usufructuary
1. Entitled to the fruits growing at the time the usufruct begins (See Article
588, NCC on Security).
2. Entitled to Civil fruits - can lease the land - proportionate to the time
3. Entitled to the bene ts from industrial and commercial enterprise proportionate
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4. In Woodland, natural fruits, including ordinary cutting, are grown
without prejudicing the preservation of the land. The usufructuary
cannot cut down trees unless it is to restore or improve the land and
must inform the owner.
5. Entitled to transfer or alienate his right of usufructuary
6. Entitled to Vindicate - may oblige the owner to give him authority to le
action, but his right to the fruit is limited to what is adjudged to belong
to the owner
7. Entitled to Set-Off, the improvements introduce against the damage
8. Collect matured credits, which form part of the usufruct if he has given
security (or upon the authority of the owner or the court)
D. Obligation of the Usufructuary
1. To make an inventory, description, and appraisal with notice to the
owner;
2. To give security
3. This is not applicable to donors and parents who are usufructuaries of
the things donated.
4. If the usufructuary fails to ve security, the owner may demand that
immovables be put under administration,
5. Movables can be sold - artistic, sentimental worth - and delivered to the
owner with payment of legal interest.
6. Convert public bonds, instruments of credit payable to order or bearer
to registered certi cates or deposited in a bank or public institution.
Cash can be invested in safe securities.
7. The interest of the proceeds of the sale, public securities, and bonds
under administration shall belong to the usufructuary.
8. The owner may act as an administrator if he so prefers until the
usufructuary gives security - entitled to fees of administration, by
agreement or by court order.
9. Take care of the thing as a good father to a family
10. Woodland - special rule (Article 557)
11. In the case of a ock of animals. In the case of a ock of animals, the
obligation is the replacement of the young of the animals that die each
year from natural causes or due to the rapacity of beasts or other
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uncommon events. It also includes the deliverers of the remains which
may have been saved from the misfortune; if it perishes in part, the
usufruct shall continue on the part save.
12. In the case of ordinary repairs - these are the usufructuary's obligation.
The owner may demand and may perform repairs at the expense of the
usufructuary.
13. In case of extra-ordinary Repairs - obliged to notify the owner when the
need for such repairs is urgent
14. Demand payment for the improvement caused by extra-ordinary
repairs made by him on the thing
15. Pay debts of the owner in case the usufruct was made in violation of
the rights of creditors, though he is not obligated to pay the obligation
from a mortgage.
E. Extinguishment of Usufruct
1. Death of Usufructuary
2. Expiration of the term, ful llment of the condition
3. Merger of the usufruct and ownership
4. Renunciation of the usufructuary
5. Total loss - insurance (with or without contribution; building or no
rebuilding)
6. Termination of the right of right of the person constituting the usufruct
7. Prescription
IX. READINGS
1. Harold Demsetz, Toward a Theory of Property Rights, 57 Am. Econ.
Rev. Papers & Proc. 347 (1967)
2. Garret Hardin, Tragedy of the Commons, 162 Science 1243 (1968)
3. Howard Gensler, Property Law as an Optimal Economic Foundation, 35
Washburn L.J. 50, 51-52 (1995)
4. Thomas W. Merrill, Property and the Right to Exclude, 77 Neb. L. Rev.
(1998)
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5. Henry E. Smith, Property, Equity, and the Rule of Law, Lisa Austin and
Dennis Klimchuk (eds.), Private Law and the Rule of Law (Oxford:
Oxford University Press, 2013)
6. Margaret Jane Radin, Property and Personhood, 34 Stan. L. Rev. 957
(1982)
X. CASES
PROPERTY AND THE CONCEPT OF NOTICE
1. Pierson v. Post, (3 Cai. R. 175, 1805)
2. Swift v. Gifford, (23 F. Cas. 558, Mass. Dist. Ct. 1872)
3. Brumagin vs. Bradshaw, (39 CAL 24, 1870)
4. Popov v. Hayashi, (WL 31833731 Ca. Sup. Ct., 2002)
REGALIAN DOCTRINE
5. Johnson vs Mcintosh (21 U.S. (8 Wheat.) 543, 1823)
6. Carino vs. Insular Government (212 US 449,1909 )
7. Tee-Hit-Ton Indians v. United States (348 US 272, 1955)
8. Suzi vs. Razon (G.R. No. L-24066, December 9, 1925)
MOVABLE AND IMMOVABLE PROPERTIES
9. Luis Marcos Laurel vs Abrogar (G.R. No. 155076, January 13, 2009)
10. Goldberg vs. Kelly, (397 U.S. 254, 1970)
11. Davao Saw Mill vs. Castillo and Davao Light & Power, (G.R. No.
L-40411, August 7, 1935)
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12. Berkenkotter vs. Cu Unjieng, Mabalacat Sugar, and Sheriff of
Pampanga, (G.R. No. L-41643, July 31, 1935)
13. Standard Oil Co. vs. Jaranillo, (44 Phil. 631)
14. Manarang vs. O lada and Esteban, (GR No. L-8133, May 18, 1956)
15. Ago vs. Court of Appeals and Grace Park Engineering, (GR No.
L-17898, October 31, 1962)
16. Serg’s Product vs. PCI Leasing and Finance Corporation, (GR No.
137705, August 22, 2000)
17. Mindanao Bus Co. vs. City Assessor and Treasurer of CDO (GR No.
L-17870, September 29, 1962)
18. Meralco Securities Industrial Corporation vs. Central Board of
Assessment Appeal, (GR No. L-47943, May 431, 1982)
OWNERSHIP
19. NPC vs. Heirs of Macabangkit Masangkay, (G.R. No. 165828, August
24, 2011)
20. Waverley Borough Council vs. Ian Fletcher, (EWCA Civ J0713-7, 13
July 1995)
21. Maria Carlos v. Republic of the Philippines, (GR No. 164823, August 31,
2005)
22. Lilian vs. CA and Virginia Teria, (G.R. No. 152766. June 20, 2003)
23. Vda. de Ape vs. CA and Dva de Lumayno, (G.R. No. 133638. April 15,
2005)
24. Spouses Ricardo and Vicenta Pardel vs. Spouses Gaspar and Matilde
Bartolome, (GR No. L-4656, November 18, 1912)
25. Longinos Javier vs Segundo Javier, et al., (GR No. L-2812, October 18,
1906)
26. Fernando Lopez vs. Pedro Martinez Ilustre, (GR No. 2426, Jan. 24,
1906)
27. Mauricio Ramirez, administrator vs. Simeon Bautista, et al., (G.R. No.
L-5075 December 1, 1909)
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28. Tuazon vs. Tuazon, (GR No. L-3404, April 2, 1951)
29. Leung Yee vs. Strong Machinery, (G.R. No. L-11658, February 15,
1918)
30. De Santos vs. Bank of the Philippine Islands, (G.R. No. 38544.
November 18, 1933.)
31. Garcia de Lara vs. Gonzales de Lara, (G.R. No. 1111 May 16, 1903)
32. JLT Agro, Inc. vs Balansay and Cadayday, (G.R. NO. 141882 : March
11, 2005)
POSSESSION
33. Roxas et al. v. Mijares, (G.R. No. 3823, November 23, 1907)
34. Heirs of Jumero vs. Jacinto Lizares, (G.R. No. 5051, September 27,
1910)
35. Telesforo Alo vs. Clodoaldo Rocomora, (G.R. No. L-2440, April 27,
1906)
36. Ramos vs. Director of Lands, (39 Phil 175)
37. Fabian Arriola vs. Gomez dela Serna, (14 Phil. 627)
38. Bukidnon Doctor’s Hospital vs. MBTC, (GR No. 161882, July 8, 2005)
39. Miguel Escritor, Jr. et al. vs. IAC and Simeon Acuna, (GR No. 71283,
Nov. 12, 1987)
40. Marcial Kasilag vs. Rafaela Rodriguez, et al., (G.R. No. 46623,
December 7, 1939)
41. Crispulo Sideco vs. Francisco Pascua, (G.R. No. 4937. March 27, 1909)
ACQUISITION AND LOSS OF POSSESSION
42. Director of Lands vs. Roman Catholic Bishop of Zamboanga , (G.R. No.
L-40851 July 31, 1935, EN BANC)
43. Director of Lands vs. Roman Catholic Bishop of Manila, (G.R. No.
L-14869, October 27, 1920, En Banc)
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44. Margarito Sarona, et al. vs. Felipe Villegas and Ramono Carillo, (G.R.
No. L-22984, March 27, 1968, En Banc)
45. Pia Del Rosario vs. Juan Lucena,
46. Praxedes Flores and Teresa Verches, (G.R. No. L-3546, September 13,
1907, En Banc)
47. US vs. Soriano and Villalobos, (G.R. No. 4563, January 19, 1909)
48. U.S. vs. Vicente Sotelo, (G.R. No. 9791, October 3, 1914)
49. Josefa Varela vs. Josephine Finnick (GR No. L-3890, January 2, 1908)
50. US vs. Laurente Rey, (G.R. No. L-3326, September 7, 1907)
PRESCRIPTION
51. Fabiana Arriola vs. Carolina de la Serna (G.R. No. L-5397 December
17, 1909
52. Leon Razote, et al. vs. Juan Razote and Norberto Rapatalo, (G.R. No.
24863. August 5, 1926)
53. Nunez et al. vs. GSIS Family Bank, (GR No. 163988, November 17,
2005)
54. Leonardo vs. Maravilla, (GR No. 143369, Nov. 27, 2002)
55. Lina Lubos vs. Marites Galupo, et al. 77, (GR No. 139136, January 16,
2002)
RECOVERY OF POSSESSION BAD FAITH/GOOD FAITH
56. Lorenzo Alburo v. Catalina Villanueva, (G.R. No. 3003, January 2,1907)
57. Chua and Co v. Court of Appeals, Ramon Ibarra, (G.R. No. 109840.
January 21, 1999)
58. Ramon Ortiz vs. Asuncion Fuentabella, (G.R. No. L-8108 , August 22,
1914, En Banc)
59. Aquilina Tacas, et al. vs. Evaristo Tobon, (G.R. No. L-30240 August 23,
1929, En Banc)
60. Maximo Gabrito vs. CA, (G.R. No. 77976 November 24, 1988)
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61. Leonila Sarmiento v. Hon. Agana and Spouse Lorenzo-Valentino (G.R.
No. L-57288 April 30, 1984)
62. Colengco vs. Regalado and Montilla, (G.R. No. L-4529 December 29,
1952)
63. Pedro Pecson v. Court of Appeals and Spouses Nuguid, (G.R. No.
115814 May 26, 1995)
64. Rosendo Balucanag v. Hon. Francisco and Richard Stohner, (G.R. No.
L-33422 May 30, 1983)
65. Carbonell vs. Court of Appeals, Poncio and Infante, (G.R. No. L-29972
January 26, 1976)
66. Alejandro Quemuel v. Angel Olaes, (G.R. No. L-11084, April 29, 1961)
67. Spouses del Campo and del Canto v. Abesia, (G.R. No. L-49219 April
15, 1988)
68. Aquilina Tacas vs. Evaristo Tubon (G.R. No. L-30240, August 23, 1929)
POSSESSION MERELY TOLERATED
69. Resuena et al. vs. Court of Appeals and Juanito Borromeo, Sr., (G.R.
No. 128338, March 28, 2005)
70. Ismael & Teresita Macasaet vs. Vicente & Rosario Macasaet (G.R. Nos.
154391-92, September 30, 2004)
71. Mariano Floreza v. Maria de Evangelista, (G.R. No. L-25462 February
21, 1980)
72. Pada-Kilario v. Court of Appeals and Silverio Pada, (379 Phil. 515, 530,
January 19, 2000)
ACCESSION
73. Bachrach Motor Co. vs. Talisay-Silay Milling Co., (G.R. No. 35223,
September 17, 1931)
74. Leoncia Liuanag, vs. Yu-Soquian, (G.R. No. L-2238, October 19, 1905)
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75. Cortez vs. City of Manila, (G.R. No. L-4012, March 25, 1908)
76. Vicente Joven Y Monteverde, et al. vs. The Director of Lands, (G.R.
No. L-4628, May 25, 1953, En Banc)
77. Ramon Laznar vs. Director of Lands and Iloilo City, (G.R. No. L-31934
July 29, 1977)
78. Ignacio Grande vs. Court of Appeals and Esteban Calalung, (GR No.
L-17652, June 30, 1962)
79. Felix Baes vs. Court of Appeals ad Republic, (GR No. 108065, July 06,
1993)
80. Mario Ronquillo vs. Court of Appeals, Director of Lands and Rosendo
del Rosario, (GR No. L-43346, March 20, 1991)
81. Nicolas Panlilio vs. Atilano Mercado, et al., (GR No. L-18771, March 26,
1923)
82. Maximo Jagualing vs. Court of Appeals and Janita Eduave, (GR No.
94283, March 04, 1991)
TRESPASS, INTERFERENCE, INJURIOUS USE, QUIETING OF
TITLE
83. Jacque v. Steenberg Homes, Inc., (563 N.W.2d 154, 1997)
84. Carmelo Bago vs. Dominga Garcia, (G.R. No. 2587. January 8, 1906)
85. Heirs of Pedro Laurora vs. Sterling Technopark III, (GR No. 146815,
April 9, 2003)
86. Bishop of Cebu vs. Mariano Mangaron, (G.R. No. 1748, June 1, 1906)
87. Jacinto Co v. Rizal Militar and Lilia Sones, (G..R. No. 149912, January
24, 2004)
88. Spouses Pascual v. Spouses Coronel, (G.R. No. 159292, 12 July 2007)
89. Spouses Barias v. Heirs Bartolome Boneo, et al.(G.R. No. 166941, 14
December 2009)
90. Dr. Dioscoro Carbonilla v. Marcelo Abiera, et al., (G.R. No. 177637, 26
July 2010)
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91. Rudy Canlas v. Iluminada Tubil, (G.R. No. 184285, September 25,
2009)
92. Valentin Cabrera, et al. v. Elizabeth Getaruela, et al., (GR No. 164213,
April 21, 2009)
93. Ruiz, Sr. v. Court of Appeal and Honorato Hong, (GR No. 121298, July
31, 2001)
94. Heirs of Tuazon vs. Court of Appeals, Ma. Luisa Victorio, et al., (G.R.
No. 125758, January 20, 2004)
95. Mananquil vs. Moico, (G.R. No. 180076 , November 21, 2012)
96. People v. Ceballos (Crim. No. 17136. Supreme Court of California.
September 16, 1974)
97. Knight of Rizal Vs. DM Consunji, (G.R. No. 213948, April 18, 2017)
INTERFERENCE
98. So Ping Bun vs. Court of Appeals and Tek Hua Enterprising
Corporation, (G.R. No. 120554, September 21, 1999)
99. CS Gilchrist vs. EA Cuddy, (G.R. No. L-9356, February 18, 1915)
100. Popescu vs. Apple (Court of Appeal, Sixth District, California
H040508, July 1, 2016)
INJURIOUS USE
101. US vs. Luis Toribio, (G.R. No. L-5060, January 26, 1910)
102. US vs. Balbino Villareal, (G.R. No. L-9480, November 13, 1914)
103. Reman Enterprises, Inc. v. CA (G.R. No. 107671. February 26, 1997)
104. Remman Enterprises, Inc. v. CA and Crispin Lat, (G.R. No. 125018.
April 6, 2000)
105. Bonifacio Nakpil vs. Manila Towers Development Corporation, (G.R.
No. 160867, Sept. 20, 2006)
106. Spouses Hipolito vs. Cinco, (G.R. No. 174143, November 28, 2011)
107. Just vs. Marinette County, (201 N.W.2d 761, 1972)
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108. United States vs. Monsanto (858, F.2d 160,1988)
109. American Electric Power Co. Inc. v. Connecticut, (131 S. Ct. 2527,
2011)
EASEMENT
110. Valderrama vs. North SS Sugar Co., (G.R. No. L-23810, December
18, 1925, En Banc)
111. Ester Javellana, et al. vs. IAC, Marsal & Co. and Florete, (G.R. No.
72837 April 17, 1989)
112. Eduardo Tanedo vs Hon. Bernad, Spouses Sim and Spouses
Cardenas, (G.R. No. L-66520 August 30, 1988)
113. Antolin Jariol vs. Court of Appeals and Domingo Jagdon as
Administrator of the Estate of Timoteo Rodriquez, (G.R. No. L-57641
October 23, 1982)
114. Eusebio Francisco vs. IAC and Cresencio Ramos, (G.R. No. L-63996
September 15, 1989)
115. Remigio Ramos vs. Gatchalian Realty, Eduardo Asprec and CA., (G.R.
No. 75905, October 12, 1987)
116. Maximo Cortez vs. Jose Yu-Tibo, (G.R. No. 911, March 12, 1903)
117. Miguel Fabie vs. Julita Lichauco and Hijos de Roxas, (G.R. No.
L-3598, July 24, 1908)
118. Saenz vs. Figueras Hermanos, (G.R. L-No. 2085, August 10, 1909)
119. Margarita Castro vs. Napoleon Monsod, (G.R. No. 183719, February
2, 2011)
PROPERTY AND LAND USE REGULATION
120. Ortigas & Company vs. Feati Bank and Trust Company, (G.R. No.
L-24670 December 14, 1979)
121. Cariday Investment Corp. vs. Court of Appeals, (G.R. No. 83358
August 2, 1989)
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122. United BF Homeowners Association vs. City Mayor of Parañaque, et
al., (G.R. No. 141010 , February 7, 2007)
123. Social Justice Society vs. Mayor Atienza, G.R. No. 156052, February
13, 2008
124. Village of Euclid vs. Amber Realty, 272 US 365 (1926)
125. Smith vs. City of Little Rock, (279 Ark. 4, 1983)
126. Stoyanoff v. Berkeley, Supreme Court of Missouri, (458 S.W.2d 305,
1970)
127. City of Ladue vs. Gilleo, 512 US 43 (1994)
128. Moore vs. City of East Cleveland, (431 US 494, 1977)
129. Anderson v. City of Issaquah, 851 P.2d 744 (1993)
USUFRUCT
130. Anulina L. Vda. de Bogacki v. Sancho Y. Inserto et al., (G.R. No.
L-39187, January 30, 1982)
131. Mercedes Moralidad vs. Diosdado Peres, (G.R. No. 152809 August 3,
2006)
132. Lopez vs.Constantino, (G.R. No. 48882, March 17, 1943)
DONATION
133. Conchita Liguez vs CA and Heirs of Lopez and Maria vda. de Lopez,
G.R. No. L-11240, December 18, 1957
134. Pirovano et al. v. De la Rama Steamship Co., (G.R. No. L-5377,
December 29, 1954)
135. The Diocese of Bacolod vs. COMELEC (GR No. 205728, Jan. 21,
2015)
136. Castro vs Court of Appeals, (G.R. No. L-20122, April 28, 1969)
137. Alejandro vs. Geraldez, (G.R. No. L-33849 August 18, 1977)
138. Laureta vs Mata and Magno, (G.R. No. L-19740, March 22, 1923)
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139. Balaqui vs Dongso, (G.R. No. L-31161, October 28, 1929)
140. Lagazo vs Court of Appeals, (G.R. No. 112796. March 5, 1998)
141. Roman Catholic Archbishop vs CA, (G.R. No. 77425, June 19, 1991)
142. Quijada vs Court of Appeals, (G.R. No. 126444. December 4, 1998)
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