PROPERTY
CIVIL LAW
CLASSIFICATION OF
PROPERTY
Classification of Property
Property, defined
Property refers to any thing which is already
appropriated or possessed by man.
A thing is any object that exists and can satisfy
human wants and needs. However, not all things
can be appropriated and such cannot be
considered
as
“property.”
It
is
more
comprehensive as a concept.
Characteristics of property
a. Satisfaction of certain human needs
b. Can
be
possessed,
appropriated,
acquired or defended
Requisites of property
1. Utility or satisfaction of certain human
needs
2. Substantivity
3. Appropriability
I.
IMMOVABLES AND
MOVABLES
A. IMMOVABLES
OR
REAL
PROPERTY
[La-T-A-S-M-Aho-Fe-M-Do-Co]
1. Land, buildings, roads and constructions of
all kinds adhered to the soil.
2. Trees, plants, and growing fruits, while they
are attached to the land or form an integral
part of an immovable;
3. Everything Attached to an immovable in a
fixed manner, in such a way that it cannot
be separated therefrom without breaking
the material or deterioration of the object;
4. Statues, reliefs, paintings or other objects
for use or ornamentation, placed in buildings
or on lands by the owner of the immovable
in such a manner that it reveals the
intention to attach them permanently to the
tenements;
5. Machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which
may be carried out in a building or on a
piece of land, and which tend directly to
meet the needs of the said industry or
works;
6. Animal houses, pigeon-houses, beehives,
fish ponds or breeding places of similar
nature, in case their owner has placed them
or preserves them with the intention to have
them permanently attached to the land, and
forming a permanent part of it; the animals
in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries, and slag cumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
9. Docks and structures which, though
floating, are intended by their nature and
object to remain at a fixed place on a river,
lake or coast;
10. Contracts for public works, and servitudes
and other real rights over immovable
property.
1. Lands and Buildings
[Art. 415, par. 1]
Buildings are always immovable under the Code.
The mere fact that the parties to a contract treat
the building as separate does not change its
character as immovable property [Punsalan v.
Lacsamana, GR No. L-55729 (1983)].
A building is immovable provided it is more or
less of a permanent structure independent of
and regardless of the ownership of the land on
which it is erected since the law makes no
distinction [De Leon].
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Art. 415 enumerates lands and buildings
separately. This can only mean that a building,
by itself, and separate from land, is considered
an immovable [Soriano v. Spouses Galit, G.R.
No. 156295 (1983)].
This classification holds true regardless of the
fact that the house may be situated on land
belonging to a different owner. But once the
house is demolished, as in this case, it ceases to
exist as such and hence its character as an
immovable likewise ceases [Bicerra v. Teneza,
GR No. L16218 (1962)].
Exception
If contracting parties stipulate that a real
property be considered personal, they are
consequently estopped from claiming otherwise.
However, third persons acting in good faith are
not affected by the stipulation characterizing the
subject machinery as personal [Serg’s Products
v. PCI Leasing, GR No. 137705 (2000)].
Exceptions are quatter shanties, nipa huts,
barong-barong, which are not buildings but
constructions, and the like. Therefore, so long
as the structure is not adhered to the soil, the
structures do not fall under Art 415, par. 1, last
phrase.
2. Roads [Art. 415, par. 1]
Roads are immovables regardless of whether
they are public or private.
3. Constructions of all kinds adhered
to the soil [Art. 415, par. 1]
The Code does not require that the attachment
or incorporation be made by the owner of the
land, the only criterion being the union or
incorporation with the soil [Navarro v. Pineda,
G.R. No. L-18456 (1963)].
4. Trees and plants while attached to
the land are immovable [Art. 415,
par. 2]
Exception
When trees and plants are removed or detached
from the land and put in pots (with soil in the
pots), they are classified as movables because
they can then be transported from place to
place. Besides, potted trees and plants are no
longer covered by Art. 415, par. 2 which requires
attachment to the land. Therefore, movable by
virtue of Art. 416 pars. 1 and 4.
5. Growing crops while attached to
the land or form an integral part of
an immovable
Exception
Those mobilized by anticipation. Growing fruits
forming an integral part of the tree (immovable)
become mobilized by anticipation or classified as
movable or personal property when the same
are marked (covered in plastic bags) or
identified for the harvest time in the future.
This classification is also recognized under the
Chattel Mortgage Law – therefore covered by
Art. 416, par. 2 as Movable Property [Sibal v.
Valdez, G.R. No. L-262278 (1927)].
6. Mines, quarries, and slag dumps,
while matter forms part of the bed
[Art. 415, par. 8]
Like Trees and Plants that must be attached to
the land (not adhered to the soil), the “matter”
referred to are the minerals – metallic,
non-metallic, in large or miniscule quantities
such as those extracted in mines and quarries,
and mine waste or slag dumps – which while
forming “part of the bed” are immovable by
nature.
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The word “bed” in this context may refer to the
river bed where gold nuggets and grains, and
sand and gravel are located.
Once the “matter” from the mines, quarries and
slag dumps are removed from the bed, they
become movable.
9. Statues, reliefs, paintings, or other
objects for use or ornamentation,
placed in buildings or on land [Art.
415, par. 4]
Requisites
1. Placed by the owner of the immovable
(not the object) or his agent;
2. Intent to attach them Permanently to
the tenements [Art. 415, par. 4, Civil
Code]
7. Waters, either running or stagnant
[Art. 415, par. 8]
The word used is “waters” with an “s” because
“waters” when put in containers or receptacles
are referred to as “water” – without the “s” become movable property.
Note: Trees and plants are immovable by
nature if they are the spontaneous products of
the soil.
8. Everything
attached
to
an
immovable in a fixed manner [Art.
415, par. 3]
Note: When the improvement is introduced by a
lessee or usufructuary, the object may not be
considered immovable unless the person acts as
agent of the owner.
10.Animal houses, pigeon houses,
beehives, fishponds, or breeding
places of similar nature [Art. 415,
par. 6]
This includes the animals found therein.
Requisites
Requisites
1. Intent to attach permanently is
essential. Once the movable property is
permanently attached to an immovable,
the movable property becomes an
immovable property if requisite no. 2
also exists:
2. The movable property will break or
deteriorate if it is subsequently detached
from the immovable property [Art. 415,
par. 3, Civil Code].
1. Placed by the owner of the immovable
(not the object) or his agent;
2. Intent to attach them permanently to
the tenements [Art. 415, par. 6, Civil
Code]
3. Structure must permanently form part of
the land and so intended by the owner
[De Leon]
Note: Cages are not included and are
considered movables since they can be moved
from one place to another.
Paragraphs 3 and 4 of Article 415,
distinguished
Paragraph 3
Paragraph 4
(3)
attached
(4) Statues, reliefs,
paintings or other
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Everything
to
an
PROPERTY
immovable in a fixed
manner;
CIVIL LAW
objects for use or
ornamentation,
placed in buildings or
on lands by the
owner
of
the
immovable in such a
manner that it reveals
the
intention
to
attach
them
permanently to the
tenements;
Cannot be separated
from the immovable
without breaking or
deterioration.
Can be separated
from the immovable
without breaking or
deterioration
Need not be placed
by the owner or his
agent.
Must be placed by the
owner
of
the
immovable, or by his
agent.
11.Machinery, receptacles,
instruments, or implements [Art.
415, par. 5]
Machinery is immobilized if placed by the owner
of a plant or property; not so if placed by a
tenant or usufructuary or any person having any
temporary right [Davao Sawmill Co. v. Castillo,
GR No. L40411 (1935)].
Equipment destined only to repair or service a
transportation business may not be deemed real
property [Mindanao Bus v. City Assessor, GR No.
L-17870 (1962)].
Requisites
1. Industry or works must be Carried on inside
the building or on the land;
2. Placed by the Owner of the building or
property or his agent;
3. Machines must be Essential and principal
elements in carrying out the industry; and
4. Machines must tend Directly to meet the
needs
of
said
industry
or works
(adaptability) [Art. 415, par. 5, Civil Code].
Note: For real property tax purposes, the
definition of Machinery under the Local
Government Code is controlling. Therefore, road
equipment and mini haulers in a palm oil
plantation which are actually, directly, and
exclusively used in the operation of the business
are classified as machinery subject to real
property tax [Provincial Assessor of Agusan del
Sur v. Filipinas Palm Oil Plantation, G.R. No.
183416 (2016)].
12.Fertilizer actually used on a piece
of land [Art. 415, par. 7]
Fertilizers still in the barn or still wrapped inside
some newspaper even though already on the
ground are still movables.
13.Docks
and
structures
which,
though floating, are intended by
their nature and object to remain
at a fixed place on a river, lake, or
coast [Art. 415, par. 9]
Docks and structures which, though floating, are
intended by their nature and object to remain at
a fixed place on a river, lake, or coast are
considered immovable [Art. 415, par. 9, Civil
Code].
Note: A boathouse which, by its nature, is a
vessel and, therefore, a personal property but, if
it is tied to the shore and used as a residence,
and since it floats on waters which is
immovable, is considered real property [Capitol
Wireless v. Prov. Treasurer of Batangas et al.,
G.R. No. 180110 (2016)].
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Vessels are considered personal property [Phil
Refining Co. v. Jarque, G.R. No. 41506 (1935);
definition of vessel as used for water
transportation denotes movement – P.D. 474 s.
1974].
B. MOVABLES
PROPERTY
OR
PERSONAL
Movables Under Articles 416 and 417
1. Those susceptible of appropriation
which are not included in Art. 415.
2. Real property considered by a special
provision of law as personalty.
3. Forces of nature which are brought
under the control of science.
4. All things which can be transported from
place to place without impairment of the
real property to which they are fixed.
5. Obligations and actions which have for
their object movables or demandable
sums; and
6. Shares of stock of agricultural,
commercial, and industrial entities,
although they have real estate.
7. Other incorporeal personal property.
Examples are intellectual property such
as copyrights, patents, trademarks,
rights to invention, etc. Intellectual
creation is recognized in the Civil Code
as a mode of acquiring ownership. [Art.
721, Civil Code]
Movables Designated By a Special
Provision of Law
Growing crops are considered immovable under
Art. 415, par. 2 but personal property under the
Spanish Mortgage Law, which provides that the
mortgage of a piece of land does not include the
fruits
existing
thereon.
Mobilization
by
anticipation is a right on the growing crop, to
gather or harvest them in advance, treating
them as movables. Likewise, crops raised on
leased land do not form part of the immovable
[Sibal v. Valdes, G.R. No. L-26278, (1927)].
The small 2-storey house made of light materials
(barong-barong) is a building or a construction
adhered to the soil therefore immovable
property under Art. 415 par. 1, but it was
considered movable between the parties
because of the chattel mortgage law and the law
on contracts - binding only as movable property
between the parties of the chattel mortgage
contract. With respect to third persons, esp. in
execution proceedings, the house is immovable
property [Navarro v. Pineda, Reyes, et al., G.R.
No. L-18456 (1963)].
Forces of Nature
Electricity, gas, rays, heat, light, oxygen, atomic
energy, water, and power, among others, are
forces of nature. Electricity, the same as gas, is
an article bought and sold like other personal
property and is capable of appropriation by
another [United States v. Carlos, GR No. 6295
(1911)].
Special Kinds of Personal Property
The author, composer, painter, sculptor, and
inventor have rights over their works. These
rights are personal property.
With regard to the nature of the property
mortgages, which is one-half interest in the
business, such interest is a personal property
capable of appropriation and not included in the
enumeration of real properties in the Civil Code,
and may be the subject of mortgage
[Strochecker v. Ramirez, G.R. No. 18700
(1922)].
II.
PUBLIC DOMINION;
PATRIMONIAL; PRIVATE
Property is either of:
1. Public dominion; or
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CIVIL LAW
2. Private ownership [Art. 419, Civil Code]
Note: Churches and other consecrated objects
are outside the commerce of man; they are
considered neither public nor private property
[Barlin v. Ramirez, G.R. No. L-2832 (1906)].
A. PROPERTY
DOMINION
OF
PUBLIC
Property of public dominion is owned by the
public in general, in that not even the State or
subdivisions of the state may make them the
object of commerce as long as they remain
properties for public use.
Property of public dominion is outside the
commerce of man [Republic v. Pasig Rizal Co.,
Inc., G.R. No. 213207 (2022)]. Thus:
1. It is not alienable or disposable;
2. It is not subject to registration under PD
1529 (Property Registration Decree) and
cannot be the subject of a Torrens title;
3. It is not susceptible to prescription [Art.
1113, Civil Code];
4. It cannot be leased, sold, or otherwise
be the object of a contract;
5. It is not subject to attachment and
execution; and
6. It cannot be burdened by any voluntary
easements [Alolino v. Flores, G.R. No.
198774 (2016)]
Public Dominion
As enumerated by Art. 420:
1. Property intended for public use
2. Property intended for some specific
public service
3. Property
intended
for
the
development of the national
wealth
Note: In order to be classified as property of
public dominion, an intention to devote it to
public use or to public service is sufficient and
it is not necessary that it must actually be
used as such.
Public Domain
Regalian Doctrine
All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the
State. With the exception of agricultural lands
all other natural resources shall not be
alienated (Sec. 2, Art. XII, 1987 Constitution).
Note: The Constitution allows the State to
enter into co-production, joint ventures, or
production-sharing agreements with private
individuals
or
corporations
for
their
exploration, development, and utilization.
Public Lands
Public Land Act, Sec. 2 provides that the
statute applies to lands of the public domain.
B. PATRIMONIAL PROPERTY
Property owned by the State and its political
subdivisions in their proprietary and private
capacity, and all property of the State not
included in Art. 420 of the Civil Code [Arts.
421-424, Civil Code].
Unlike property of public dominion, patrimonial
property is subject to prescription. To be subject
considered as patrimonial property:
1. the land must be classified as
alienable and disposable; and
2. it must be expressly declared by the
State that it is no longer intended for
public use [Republic v. Ching, G.R. No.
186166 (2010)].
Note: In P.D. 1529 (Property Registration
Decree) Section 14(2), the alienable and
disposable character of the land, as well as its
declaration as patrimonial property of the State,
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CIVIL LAW
must exist at the beginning of the relevant
period of possession [Republic v. Philippine
National Police, G.R. No. 198277 (2021)]
The sewage system is a property of the city,
purchased with private funds and not devoted to
public use (it is for profit.) It is therefore
patrimonial under the Civil Code. Nor can the
system be considered “public works for public
service under art. 424 because such
classification is qualified by ejusdem generis; it
must be of the same character as the preceding
items [City of Cebu v. NAWASA, G.R. No. 12892
(1960)].
Note: The change in classification from public
dominion to patrimonial property enables
acquisition by private persons, natural or
juridical. Patrimonial property may therefore be
the object of private commercial transactions
like usufruct, lease, or sale.
However, the transition from public dominion to
patrimonial property is not immediately
executory.
There
must
be
a
formal
declaration/positive act by the President , his
alter egos or the legislature that such property is
no longer needed for public use or service
before it changes its classification to patrimonial.
Above declaration or act declaring the land as
alienable and disposable is a requirement, which
could be in the form of: a) Executive Order; b)
Administrative Action; c) Statute; or d) A court
judgment declaring the change of classification.
Distinctions between Public Lands and
Government Lands
a. Public lands involve the public domain
and cannot include lands owned by
government except for those open to
the public for sale or acquisition;
b. Government lands include public lands
and other properties which are being
used or reserved for public use including
patrimonial lands.
C. PRIVATE PROPERTY
All properties not belonging to the State or its
political subdivisions are properties of private
ownership pertaining to private persons, either
individually or collection (Art. 425.)
All lands not otherwise appearing to be clearly
within private ownership are presumed to be
owned by the State.
OWNERSHIP
Ownership
I.
RIGHTS INCLUDED IN
OWNERSHIP
Ownership
Ownership may be exercised over things or
rights [Art. 427, Civil Code].
The owner has the right to enjoy and dispose of
the thing, without other limitations than those
established by law. The owner also has a right
of action against the holder and possessor of the
thing in order to recover it [Art. 428, Civil Code].
Possession is an essential attribute of ownership.
Whoever owns the property has the right to
possess it. Adjudication of ownership includes
the delivery of possession if the defeated party
has not shown any right to possess the land
independently of her rejected claim of ownership
[Pascual vs. Daquioag, GR No. 162063 (2014)].
​Right to Hidden Treasure
Hidden treasure belongs to the owner of the
land, building, or other property where it is
found. In the interest of science or arts, the
State may acquire the treasure subject to just
compensation [Art. 438, Civil Code].
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Right to Self-Help with the use of
immediate Reasonable Force Against
Trespassers and Squatters
The owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment
and disposal thereof. He may use reasonable
force necessary to repel or prevent an actual or
threatened unlawful physical invasion or
usurpation of his property [Art. 429, Civil Code].
Exception
State of Necessity; The owner has no right to
prohibit the interference of another if it is
necessary to avert an imminent danger and
threatened damage much greater than the
damage arising from the interference [Art. 432,
Civil Code].
Court action if occupation already
established by the intruder.
If no immediate action was taken by the owner
against the intruder who has occupied the
property, the owner must go to court.
Actual possession under claim of ownership
raises a disputable presumption of ownership.
The true owner must resort to judicial process
for the recovery of the property [Art. 430, Civil
Code].
The right of action based on ownership to
recover property from the holder and possessor
is an action for reconveyance or accion
reivindicatoria.
Police Power to condemn property.
When the property is condemned in the interest
of health, safety and security, the owner is not
entitled to just compensation [Art. 436, Civil
Code].
Eminent Domain
just compensation. Manner of taking may be
through negotiated sale (interest included only if
stipulated) or if the purchase price is contested,
through expropriation [RP-DPWH v. Gamir-Diaz
Heirs, G.R. No. 218732 (2018)].
Seven Rights of Ownership
1. Jus Possidendi (right to possess)
● Right to hold the thing and does not
necessarily include the right to use
(e.g., contract of deposit)
2. Jus Utendi (right to use and enjoy)
● Includes the right to exclude any
person from the enjoyment and
disposal thereof
● Limitation: use in such a manner as
not to injure the rights of a third
person
3. Jus Fruendi (right to the fruits)
● Right to the fruits
● Kinds of Fruits:
i.
Natural
ii.
Industrial
iii.
Civil
4. Jus Abutendi (right to consume)
● Includes the right to transform or
abuse or destroy by its use
5. Jus Disponendi (right to dispose)
● Also includes the right not to dispose,
or to alienate
6. Jus Vindicandi (right to vindicate or
recover)
● Includes the right of action against
the holder and possessor of the thing
in order to recover it b. Must resort
to judicial process for the recovery of
the property
7. Jus Accesionis (right to accessories)
Note: Some commentaries include an eight
right in the enumeration; Jus Tresauris or the
right to hidden treasure.
The State has the right to take private property
for public use (road building or widening) with
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II.
CIVIL LAW
LIMITATIONS ON THE RIGHT
OF OWNERSHIP
1. Those arising from conflicts of
private rights (e.g., those which take
place in accession continua)
2. Those imposed by law (e.g., Legal
easements)
3. Those imposed by the owner
himself (e.g., Voluntary easement,
pledge, lease)
4. Those imposed by the grantor of
the property on the grantee
a. by contract (e.g., donation)
b. by last will
5. Those imposed in general by the
State [Art. 435, Civil Code]
a. Power of eminent domain
b. Police power
c. Power of taxation
6. Specific Limitations
● Aliens have no right to acquire
any
public
or
private
agricultural,
commercial, or
residential
lands
in
the
Philippines. Aliens may only
acquire such lands by hereditary
succession [Krivenko v. Registry
of Deeds, G.R. No. L-630
(1947)].
● The owner of a thing has no
right to prohibit the interference
of another with the same, if the
interference is necessary to
avert an imminent danger and
the
threatened
damage,
compared to the damage arising
to
the
owner from the
interference, is much greater.
The owner may demand from
the person benefited, indemnity
for the damage to him [Art.
432, Civil Code].
● Nuisances [Art. 694, Civil Code]
RIGHT OF ACCESSION,
MOVABLES AND
IMMOVABLES
Right of Accession
The ownership of property gives the right by
accession to everything which is produced
thereby (accession discreta), or which is
incorporated or attached thereto, either naturally
or artificially (accession continua) [Art. 440, Civil
Code].
To the owner belongs:
1. Natural fruits, spontaneous products of
the soil, and the young and other
products of animals [Art. 441, 442, Civil
Code]
2. Industrial fruits are those produced by
lands of any kind through cultivation or
labor [Art. 441, 442, Civil Code].
3. Civil fruits are rents of buildings, the
price of leases of lands and other
property and the amount of perpetual or
life annuities or other similar income
[Art. 441, 442, Civil Code].
Right of Accession with Respect To
Immovable property
Whatever is built, planted or sown on the land
of another and the improvements or repairs
made thereon, belong to the owner of the land
[Art. 445, Civil Code].
Presumption of Ownership in Favor Of
Owner
All works, sowing, and planting are presumed
made by the owner and at his expense until the
contrary is proved [Art. 446, Civil Code].
There must be two properties owned by two
different persons. There is no accession if there
is only one owner.
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The following discussion assumes there are
three persons with three different undertakings
or rights, and who own separate properties:
Land Owner
Land
Builder/
Planter
Labor
When a LandOwner
Builder/Planter/Sower (LO-BPS)
makes Constructions/Plantings with
Materials of Another (OM)
SupplierOwner
LO-BPS
Owner of Materials
GF
GF
LO-BPS can acquire
the
materials
provided there is full
payment.
OM is entitled to full
payment or OM may
remove the materials
provided there is no
substantial injury to
work done.
GF
BF
LO-BPS can acquire
the materials for free
and will be entitled to
damages
due
to
defects or inferior
quality
of
the
materials
OM
loses
the
materials and will be
liable for damages
due to defects or
inferior quality of the
materials
BF
GF
LO-BPS can acquire
the
materials
provided there is full
payment
plus
damages.
OM is entitled to full
payment
for
the
materials
plus
damages or OM may
remove the materials
even if there is
substantial injury to
the work done plus
damages.
BF
BF
Materials
Kinds of Expenses
1. Necessary
incurred
for
the
preservation of the thing
2. Useful - increases the value or
augments the income of the property
3. Luxurious - expenses for pure luxury or
mere pleasure
Rules
1. Necessary expenses shall be refunded to
every possessor; but only the possessor
in good faith may retain the thing until
he has been reimbursed therefor.
2. Useful expenses shall be refunded only
to the possessor in good faith with the
same right of retention, the person who
has defeated him in the possession
having the option of refunding the
amount of the expenses or of paying the
increase in value which the thing may
have acquired by reason thereof [Art.
546, Civil Code].
3. Expenses for pure luxury or mere
pleasure shall not be refunded to the
possessor in good faith; but he may
remove the ornaments with which he
has embellished the principal thing if it
suffers no injury thereby, and if his
successor in the possession does not
prefer to refund the amount expended
[Art. 548, Civil Code].
Same as when both are in good faith.
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Rights of the Builder/Planter/Sower
(BPS) in relation to the Landowner
(LO)
If BPS cannot pay the rent,
LO can eject BPS from the
land
LO
Builder/Planter/Sower
(BPS)
GF
GF
GF
BF
Option 1: To
acquire
whatever has
been
built,
planted
or
sown
and
payment
of
the necessary
expenses,
useful
expenses and
luxurious
expenses
(if
the LO wants
to get the
luxurious
improvements
).
To receive payment for the
value of the land and
necessary,
useful
and
luxurious expenses (if LO
wants to get luxurious
improvements) with right of
retention
without
any
obligation to pay rent until
full payment.
Option 1: To
acquire
whatever has
been
built,
planted
or
sown for free
but must pay
necessary
expenses and
luxurious
expenses
(if
LO wants to
get
the
luxurious
improvements
)
plus
damages.
Loses whatever has been
built, planted or sown and
liable to pay damages.
Option 2: To
oblige the BP
to buy the
land or the S
to pay rent
unless
the
value of the
land
is
considerably
more
than
that of the
building
or
trees.
To purchase land at fair
market value provided its
value is not considerably
more than that of the
building or trees.
Option 2: To
oblige BP to
buy land or S
to pay rent
plus damages
regardless
whether the
value of the
land
is
considerably
more
than
that of the
building or the
trees.
Obliged to pay for land or to
pay rent plus damages
regardless whether the value
of the land is considerably
more than that of the
building or the trees.
To
remove
the
useful
improvements provided it
does not cause any injury
(this is part of right of
retention).
If LO does not get the
luxurious improvements, BPS
can
remove the same
provided there is no injury to
the land or the building.
If BP cannot pay purchase
price of the land or the S
cannot pay the rent, LO can
require BPS to remove
whatever has been built,
planted or sown.
If the value of land is
considerably more than that
of the building or trees, BPS
cannot be compelled to buy
the land. In such case, BPS
will pay reasonable rent.
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BOC 2024
Entitled to payment for
necessary
expenses
for
preservation without right of
retention.
Not entitled to payment for
useful expenses and cannot
remove even if removal will
not cause injury.
If
LO
wants luxurious
improvements,
BPS
is
entitled to payment. The
value
of the luxurious
improvements will be as of
the
date
LO
obtains
possession. If LO does not
want
luxurious
improvements, BPS may
remove
luxurious
improvements if it will not
cause injury.
PROPERTY
CIVIL LAW
Option 3: To
compel BPS to
remove
or
demolish work
done
plus
damages.
Obliged
to
remove
or
demolish work done plus
damages
BF
GF
To pay for
whatever has
been
built,
planted
or
sown
plus
damages.
Option 1: To receive
payment for whatever has
been built, planted or sown
plus damages.
●
Option 2: To remove
whatever has been built,
planted or sown even if it
will
cause
injury
plus
damages.
BPS has no option to acquire
or buy the land
BF
Same as when both are in good faith.
●
●
●
Art. 448 does not apply to cases which are
governed by other provisions of law such
as co-ownership, usufruct, agency, lease.
The provision on indemnity in Art. 448 may
be applied by analogy considering that the
primary intent of the law is to avoid a state
of forced co-ownership especially where
the parties in the main agree that Arts. 448
and 546 are applicable and indemnity for
the improvements may be paid although
they differ as to the basis of the indemnity
[Pecson vs. CA, G.R. No. 115814 (1995)].
●
I.
ACCESSION DISCRETA
The right to the ownership of the fruits
produced by one’s property.
General Rule
The right of the owner to the products of his
property or to the fruits of the same regardless
if it is natural, industrial or civil fruits.
Exceptions
The landowner may not refuse both to pay
for the building and to sell the land and
instead seek to compel the owner of the
building to remove the building from the
land. He is entitled to such removal ONLY
when, after having chosen to sell the land,
the other party fails to pay for said land
[Ignacio vs. Hilario, G.R. No. L-175 (1946)].
Should no other arrangement be agreed
upon, the owner of the land does not
automatically become the owner of the
improvement [Filipinas Colleges, Inc. vs.
Timbang, G.R. Nos. L-12812-13 (1959)].
Art. 448 is not applicable where a person
constructs a house on his own land and
then sells the land, not the building.
[Coleongco vs. Regalado, G.R. No. L-4529
(1952)].
252
BOC 2024
1. In usufruct: The usufructuary is
entitled not only to the enjoyment of the
property subject matter thereof but also
to its fruits
2. In lease of rural lands: The lessee is
entitled to the natural and industrial
fruits of the thing leased while the lessor
is entitled to civil fruits in the form of
the rent paid by the lessee.
3. In antichresis: The creditor acquires
the right to receive the fruits of an
immovable loan from his debtor, with
the obligation to apply them to the
payment of the interest, if owing, and
thereafter to the principal of his credit
4. In possession in good faith: A
possessor in good faith is entitled to the
fruits received by him before his
possession is legally interrupted.
PROPERTY
CIVIL LAW
5. Fruits
naturally
falling: Fruits
naturally falling upon adjacent land
belong to the owner of the said land
and not to the owner of the tree.
unborn
–
beginning
of
maximum ordinary period of
gestation.
d. Fowls: from the time of
incubation.
2. Pay expenses to third person
possessor in good faith – He who
receives the fruits has the obligation to
pay the expenses incurred by a third
person in the production, gathering and
preservation of the fruits [Art. 443, Civil
Code].
a. Exception: Owner does not
have to pay if land is recovered
before
gathering
from
a
possessor in bad faith. Note:
But if the owner recovers land
from possessor in bad faith, he
may choose to acquire the land
and he can make the possessor,
builder, planter, sower account
for the fruits that have been
gathered, with the obligation to
deduct
the
expenses
for
producing,
harvesting
and
preservation of the fruits.
Kinds of fruits
1. Natural fruits
Spontaneous products of the soil that
appear without the intervention of
human labor, and the young and other
products of animals.
Requirement: It is necessary that
there must be no human labor which
has intervened in its generation.
About the young and the animal
products – If there is no stipulation as to
who is the owner of the young, “the
young belongs to the owner of the
female parent.”
2. Industrial fruits
Those produced by lands of any kind
through cultivation and labor.
Requirement: Must come from the
soil.
3. Civil fruits
Rents of buildings, price of leases of
lands, and other property and the
amount of perpetual or life annuities or
other similar income [Art. 442, par. 3.,
Civil Code].
Applicable principles
1. Time of accrual depending on kind:
a. Annuals:
from
the
time
seedlings appear on the ground.
b. Perennials: from the time fruits
actually appear on the plants.
c. Young of animals: from the time
they are in the womb, although
II.
ACCESSION CONTINUA
The right of the owner to anything which is
incorporated or attached to his property,
whether the attachment is by reason of natural
or artificial causes.
A. ACCESSION INDUSTRIAL
General Principles
253
BOC 2024
1. Accessory follows the principal.
2. The incorporation or union must be
intimate that removal or separation
cannot be effected without substantial
injury to either or both.
PROPERTY
CIVIL LAW
b. Avulsion
3. Good faith exonerates a person from
punitive liability, but bad faith may give
rise to dire consequences.
4. Bad faith of one party neutralizes the
bad faith of the other.
5. No one should enrich himself at the
expense of another.
6. He who is in bad faith may be penalized.
Whenever the current of a river, creek or torrent
segregates from an estate on its bank a known
portion of land and transfers it to another
estate, the owner of the land to which the
segregated portion belonged retains the
ownership of it, provided that he removes the
same within two years [Art. 459, Civil Code].
B. ACCESSION NATURAL
Requisites
1. Segregation and transfer must be
caused by the current of a river,
creek or torrent [Art. 459, Civil Code].
2. Segregation and transfer must be
sudden or abrupt [Canas v. Tuason, 5
Phil. 688 (1929)].
3. The portion of land transported must be
known or identifiable [Art. 459, Civil
Code].
Accretion or accession involving lands
adjacent to rivers, ponds or lagoons
To the owners of lands adjoining the banks of
rivers belong the accretion which they gradually
receive from the effects of the current of the
waters [Art. 457, Civil Code].
Riparian owners are owners of lands adjacent to
river banks.
Alluvion
a. Alluvion
The slow, gradual, almost imperceptible
accretion or deposit of land mass attached to
the river banks is called alluvion.
Note that an alluvial deposit must be registered
under the Torrens system by the riparian owner
to prevent third parties from invoking
prescription based on occupation [Delos Reyes v
Kalibo, Aklan, G.R. No. 214587 (2018)].
Deposit of soil is
gradual
and
imperceptible.
Deposit of soil
sudden or abrupt.
Soil
cannot
identified.
be
Soil is identifiable and
verifiable
Deposit of soil belongs
to the owner of the
property to which it is
attached.
Deposit of soil belongs
to the owner from
whose property it was
detached provided he
removes the same
within two years.
Requisites
1. Deposit or accumulation of soil or
sediment must be gradual and
imperceptible [Art. 457, Civil Code].
2. Accretion results from the effects or
action of the current of the waters of
the river [Gov’t of the Phils. v. Cabangis,
53 Phil. 112 (1929)].
3. The land where accretion takes place
must be adjacent to the bank of a river
[Art. 457, Civil Code].
Avulsion
is
c. Uprooted Trees
Refer to trees uprooted and carried away by the
current of the waters [Art. 460, Civil Code].
Rule on uprooted trees
The uprooted trees must be claimed by the
original owner within six months; otherwise, he
will lose ownership and the law will transfer
254
BOC 2024
PROPERTY
CIVIL LAW
e. Division of river into branches
ownership to the owner of the land upon which
the uprooted trees are found.
Note: The law only requires the original owner
to claim the uprooted trees within six months,
unlike a chunk of land which the law requires
the original owner to remove or take it back
within two years to retain ownership.
Three kinds of islands
1. Island formed under Art. 463 – The
current of a river simply divides itself
into branches, leaving a piece of land or
part thereof isolated, thereby forming an
island. Since the land has not been
permanently invaded by the waters of
the river, no natural expropriation will
occur.
2. Island formed under Art. 464 – An
island is formed on a sea, lake or
navigable or floatable river through
whatever cause.
a. Clearly speaks of an addition to
the property of the State since
the island thus formed is
expressly
declared
to
be
property of the latter.
3. Island formed under Art. 465 – An
island formed in non-navigable or
non-floatable rivers through successive
accumulation of deposits in the same
manner as alluvion.
a. Formed in a navigable or
floatable river → Art. 464, NCC
applies here.
b. Formed through a sudden and
abrupt process due to
segregation of identifiable
portions of land from an estate
→ Art. 463, NCC applies here.
d. Abandoned river bed due to
change of course of river
Requisites
1. River bed is abandoned and becomes
dry land.
2. There must be a natural change in the
course of the waters of the river.
3. The change must be abrupt or sudden.
[Art. 461, Civil Code]
Rights of Owner of Land Occupied by
the New River Course
1. Right to old bed ipso facto in proportion
to area lost;
2. Owner of adjoining land to old bed:
right to acquire the same by paying its
value – Value not to exceed the value of
area occupied by new bed. [Art. 461,
Civil Code]
Whenever a river, changing its course by natural
causes, opens a new bed through a private
estate, this bed shall become of public dominion
[Art. 462, Civil Code].
Requisites
Owners will get back this previous property if
the course of the river reverts to its original
place [Sanchez v. Pascual, 11 Phil. 395 (1969)].
255
BOC 2024
1. It shall belong to the owner of the
margins or banks nearest to the island;
2. If the island is in the middle of the river,
the same shall be owned by the owners
of both margins, which case it shall be
divided longitudinally in halves; or
3. If the island is more distant from one
margin than from the other, the owner
PROPERTY
CIVIL LAW
of the nearer margin shall be the sole
owner.
When they belong to the owners of the
nearest margins of banks
Rationale: The owners of the bank nearer the
islands are in the best position to cultivate and
attend to the exploitation of the same.
1. through successive accumulation of
alluvial deposits; and
2. on non-navigable and non-floatable
rivers.
f. Formation of islands
Islands Formed in Non-navigable or
Non-Floatable Rivers
Note: If the island is in the middle of the river,
divide longitudinally in half. If it is nearer to one
margin or bank, to the nearer riparian owner
(Art. 465)
1. Belong to the owners of the margins or
banks of the river nearest to each of
them.
2. If equidistant, i.e. divided longitudinally
in halves, each bank getting half [Art.
465, Civil Code]
Note: If a landowner allows the sea or a lake to
eat up his land completely, it is a case of natural
expropriation and if the land later reappears, he
does not regain ownership thereof [Republic v.
Cabangis, G.R. No. L28379 (1929)].
Note: Riverbeds that dry up continue to belong
to the State as its property of public dominion,
unless there is an express law that provides that
the dried up riverbeds should belong to some
other person [Republic vs. Santos III, GR No.
160453 (2012)].
Test of navigability is whether it can be used as
a highway of commerce, trade, and travel.
When they belong to the State
1. Formed on the seas within the
jurisdiction of the Philippines;
2. Formed on lakes; or
3. Formed on navigable or floatable rivers:
a. Capable of affording a channel
or passage for ships and
vessels;
b. Must be sufficient not only to
float bancas and light boats, but
also bigger watercraft;
c. Deep
enough
to
allow
unobstructed movements of
ships and vessels. [Art. 464,
Civil Code]
For movables
a. Conjunction/Adjunction
Conjunction
Union, without bad faith, of two (2) movable
things belonging to different owners in such a
way that they form a single object. The owner of
the principal thing acquires the accessory after
indemnifying the owner of the latter for its value
[Art. 466, Civil Code].
Adjunction
The union of two (2) movable things belonging
to different owners in such a way that they form
a single object, but each of the component
things preserves its value.
General Rule: When the things united can be
separated without injury, their respective owners
may demand their separation [Art. 469(1), Civil
Code].
Exception: The owner of the accessory may
demand the separation of the things united even
if there will be injury if the accessory is more
precious than the principal thing [Art. 467 and
469(2), Civil Code].
256
BOC 2024
PROPERTY
CIVIL LAW
b. the accessory be separated
even if it would be necessary to
destroy the principal.
There is indemnity for damages in either
case [Art. 470, par. 2, Civil Code]
3. Owner of Accessory in Good Faith
Has a right to demand separation even
though there may be damage if the
accessory is more valuable.
4. Both in Bad Faith
By analogy, they are treated as if they
were both in good faith [Art. 453, Civil
Code]
5. Either of the owners made the
incorporation with the knowledge
and without exception of the other
Treat owners as if both acted in good
faith [Art. 470, par. 3, Civil Code].
Note: Under Art. 469(2), an accessory is the
thing united with the principal for the latter’s
use, embellishment, or perfection.
Requisites
1. There are two (2) movables belonging
to different owners;
2. They are united in such a way that they
form a single object; and
3. They are so inseparable that their
separation would impair their nature or
result in substantial injury to the other
component.
Rules in determining the principal
thing
1. That which the other has been united as
an ornament or for its use or perfection
2. If it cannot be determined by applying
#1, the one with the greater value
3. If the values are equal, the one with
greater volume
4. The thing of greater merits, taking into
consideration all the pertinent legal
provisions, as well as the comparative
merits, utility and volume of their
respective things [Arts. 467-468, Civil
Code].
Ownership of New Object Formed by
Adjunction
b. Commixtion/Confusion
1. Mixture
Two or more things belonging to
different owners are combined with the
respective identities of the component
parts destroyed or lost.
2. Commixtion
Mixture of solid things.
3. Confusion
Mixture of liquid things.
Rules
1. Owner of Principal Object in Good
Faith
Acquires the thing with the duty to
indemnify the owner of the accessory
[Art. 466, Civil Code]
2. Owner of Principal Object in Bad
Faith
The owner of the accessory has the
right to choose between:
a. receiving payment from the
owner of the principal (value of
the accessory; or
257
BOC 2024
1. Co-ownership based on proportional
value if caused by:
a. the will of the parties;
b. chance, and injury will result if
things are separated; or
c. will of only one owner, but in
good faith.
2. If caused by the will of one party in bad
faith:
a. He forfeits the thing belonging
to him
b. He must pay damages
PROPERTY
CIVIL LAW
3. If the mixture is made with the
knowledge, but without the objection, of
the other owner the parties will be
considered as if they acted in good
faith.
1. Appropriate the work to himself
without paying the maker.
Exception
If the value of the work, for artistic or
scientific reasons, is considerably more
than that of the material [in this case,
only option 2 is available]; or
Note: Good faith in accession does not
necessarily exclude negligence, which gives rise
to damages [Art. 456, Civil Code].
2. Demand the maker to indemnify him
for the value of the material and
damages.
Legal effects
●
Worker/maker in good faith (Art.
474)
General Rule: The worker in good faith
who employs the material of another to
make a thing of a different kind
appropriates the thing thus transformed
after indemnifying the owner of the
materials for the value of the material
[Art. 474, par. 1, Civil Code].
●
Worker/maker
made
use
of
material without consent and
without objection of owner
Rights shall be determined as though
both acted in good faith [Art. 474, par.
1, Civil Code].
Note: For the right of accession with
regards
to
moveable
property,
sentimental value is duly appreciated
[Art. 475, Civil Code].
Exception: If the material is more
value or more precious than the new
thing, the owner of the material may:
1. Appropriate the new thing to himself
after paying indemnity for the of the
work; or
2. Demand indemnity for the material
[Art. 474, par. 2, Civil Code]
QUIETING OF TITLE
Quieting of Title
●
●
If the owner of the material was in
bad faith, the maker in good faith
may:
1. Appropriate the new thing without
paying the owner of the material;
2. Require the owner to pay him the
value of the thing, his work, or labor,
with damages [Applying Art. 470, par. 2]
Worker/maker in bad faith (Art.
474, par. 3)
If the maker was in bad faith, but the
owner of the materials was in good
faith, the owner may:
Action for Quieting of Title
Whenever there is a cloud on title to real
property or any interest therein, by reason of
any instrument, record, claim encumbrance or
proceeding which is apparently valid or effective
but is in truth and in fact invalid, ineffective,
voidable or unenforceable, and may be
prejudicial to said title, an action may be
brought to remove such cloud or to quiet the
title. An action may also be brought to prevent
a cloud from being cast upon the title to real
property or any interest therein [Art. 476, Civil
Code].
258
BOC 2024
PROPERTY
I.
CIVIL LAW
REQUISITES OF AN ACTION
TO QUIET TITLE
[Art.
476-477, NCC]
1. Plaintiff has a legal or an equitable
title to or interest in the real property
subject of the action; and he need not
be in possession of said property.
● Legal Title - denotes registered
ownership
● Equitable Title - beneficial
ownership [Art. 476, Civil Code]
2. There must be a cloud on such title.
3. Such cloud must be due to some
instrument,
record,
claim,
encumbrance or proceeding which is
apparently valid or effective but is in
truth invalid, ineffective, voidable or
unenforceable, and is prejudicial to the
plaintiff’s title.
or terminated, or has been barred by
extinctive prescription.
4. Such instrument, etc. may be prejudicial
to the plaintiff's title.
Purpose of Action
To procure the cancellation, delivery, release of
an instrument, encumbrance or claim, which
constitutes a claim in the plaintiff’s title, and
which may be used to injure or vex him in his
enjoyment of his title.
There exists a claim where the plaintiff
declares his own claim and title, and at the
same time indicates the source and nature of
the defendant's claim, pointing out its
defects and praying for the declaration of
its invalidity. Action is preventive in nature.
III.
Purpose of Action
To put an end to vexatious litigation with respect
to the property involved.
1. Plaintiff has a title to a real property or
interest therein;
2. Defendant is bent on creating a cloud
on the title or interest therein. The
danger must not be merely speculative
or imaginary but imminent.
3. Unless the defendant is restrained or
stopped, the title or interest of the
plaintiff will be prejudiced or adversely
affected.
There exists a claim where the plaintiff
asserts own claim and declares that the
claim of the defendant is unfounded and
calls on the defendant to justify his claim on the
property for the court to determine the same.
Action is remedial in nature.
II.
REQUISITES FOR EXISTENCE
OF CLOUD ON TITLE [Art. 476
and 478, NCC]
1. There is an instrument, record, claim,
encumbrance or proceeding.
2. The instrument, etc. is apparently
valid or effective.
3. The instrument, etc. is in truth and in
fact invalid, ineffective, voidable or
unenforceable, or has been extinguished
REQUISITES FOR AN ACTION
TO PREVENT A CLOUD ON
TITLE
Purpose of Action
To remove possible foundation of a future
hostile claim. No present claim exists, but there
is the imminent danger that the defendant
creates a cloud on the title. Action is
preventive in nature.
259
BOC 2024
PROPERTY
CIVIL LAW
When Inapplicable
The action to prevent a cloud on title is
inapplicable to:
1. Questions involving interpretation of
documents;
2. Mere written or oral assertions of claim,
except if made in a legal proceeding or
asserts that an instrument or entry in
plaintiff’s favor is not what it purports to
be;
3. Boundary disputes;
4. Deeds by strangers to the title unless
purporting to convey the property of the
plaintiff;
5. Instruments invalid on their face; or
6. Cases where the validity of the instrument
involves a pure question of law.
Plaintiff must return to the defendant all benefits
he may have received from the latter, or
reimburse him for expenses that may have
redounded to his benefit [Art. 479, Civil Code].
General Rule
An action to quiet title applies only to real
property.
declaration of his rights or duties, thereunder
[Bar Matter No. 803, 17 February 1998].
IV.
PRESCRIPTION
NON-PRESCRIPTION
ACTION
OR
OF
1. If the plaintiff is in possession of the
property – action does not prescribe.
2. If plaintiff is not in possession of
property
a. Plaintiff is a possessor with real
right – action prescribes in 10
years.
b. Plaintiff is owner of the property
– action prescribes in 30 years.
An action to quiet title may be defeated by claim
of ordinary or extraordinary acquisitive
prescription by the defendant.
The possession of the actual possessor must be
respected during the pendency of the case for
quieting of title [Balbecino v. Judge Ortega, G.R.
No. L-14231, April 28, 1962].
Exception
Except to some personal properties like vessels
or stock certificates which partake of the nature
of real property, or when they are considered as
real property because of special registration
requirements.
Who May File
Any person interested under a deed, will,
contract or other written instrument, or whose
rights are affected by a statute, executive order
or regulation, ordinance, or any other
governmental regulation may, before breach or
violation thereof, bring an action in the
appropriate RTC to determine any question of
construction or validity arising, and for a
CO-OWNERSHIP
Co-Ownership
There is co-ownership whenever the ownership
of an undivided thing or right belongs to
different persons [Art. 484, Civil Code].
I.
260
BOC 2024
REQUISITES
1. Plurality of owners;
2. Object must be an undivided thing or
right; and
3. Each co-owner’s right must be limited
only to his ideal or abstract share of the
physical whole [De Leon].
PROPERTY
CIVIL LAW
What Governs Co-Ownership
(Art. 484, par. 2)
d. Condominium Law: co-ownership of
the common areas by holders of units
[Sec. 6(c), RA 4726]
1. Contracts;
2. Special laws; and
3. The Civil Code.
B. CONTRACT
a. In general [Art. 494, Civil Code]
b. Universal partnership [Art. 1779, Civil
Code]
c. Associations [Art. 1775, Civil Code]
Characteristics
1. There are two (2) or more co-owners.
2. There is a single object which is not
materially or physically divided and his
ideal share of the whole.
3. There is no mutual representation by
the co- owners.
4. It exists for the common enjoyment of
the co-owners.
5. It has no distinct legal personality.
6. It is governed first of all by the contract
of the parties; otherwise, by special
legal provisions, and in default of such
provisions, by the provisions of Title III
on Co-Ownership.
Only Limitation
Each of the co-owners holds the property pro
indiviso and exercises his or her rights with the
entire property; thus, each co-owner may use
and enjoy the property with no other limitation
than that he shall not injure the interests of his
co-owners [Silva v. Lo, G.R. No. 206667 (2021)].
II.
SOURCES
CO-OWNERSHIP
OF
C. INTESTATE SUCCESSION
Co-ownership between the heirs before
partition of the estate [Art. 1078, Civil Code]
D. TESTAMENTARY DISPOSITION OR
DONATION INTER VIVOS
Donations Made to Several Persons
Jointly
General Rule: When a donation is made to
several persons jointly, it is understood to be in
equal shares, and there shall be no right of
accretion among them.
Exception: When the donor has otherwise
provided [Art. 753, Civil Code]
Donations Made to Spouses Jointly
General Rule: In donations to spouses jointly,
right of accretion is presumed.
Exception: The donor provides otherwise [Art.
753, par. 2., Civil Code].
A. LAW
a. Cohabitation: co-ownership between
common law spouses [Arts. 147-148,
90, Family Code]
b. Purchase creating implied trust
[Art. 1452, Civil Code]
c. Easement
of
party
wall:
co-ownership of part- owners of a party
wall [Art. 658, Civil Code]
Prohibition against partition: A donor or
testator may prohibit partition for a period which
shall not exceed 20 years [Art. 494, par. 3., Civil
Code].
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E. BY FORTUITOUS EVENT OF BY
CHANCE
1. Co-ownership between owners of 2
things that are mixed by chance or by
will of the owners [Art. 472, Civil Code].
2. Hidden Treasure - When the discovery is
made on the property of another, or of
the State or any of its subdivisions, and
by chance, one half shall be allowed to
the finder [Art. 438, Civil Code].
Each co-owner is at the same time absolute
owner of his own ideal but definite share which
determines his rights and obligations in the
co-ownership. [Cruz v. CA, G.R. No. 122904,
2005].
b. Presumption of Equal Share
The portions belonging to the co-owners in the
co-ownership shall be presumed equal, unless
the contrary is proved [Art. 485(2), Civil Code].
F. BY OCCUPANCY
Harvesting and fishing: co-ownership by two (2)
or more persons who have seized a res nullius
thing [Art. 713, Civil Code].
III.
RIGHTS OF CO-OWNERSHIP
a. Right to Share in the Benefits as well as the
Charges
b. Right to Use the Thing owned in Common
c. Right to Full Ownership of his part and of
the Fruits and Benefits pertaining thereto
d. Right to bring an Action in Ejectment
e. Right to compel other Co-owner to
contribute to the Expenses of Preservation
and to the Taxes
f. Right to Reimbursement for Necessary
Repairs
g. Right to Oppose Alterations
h. Right to Partition
i. Right to Redemption
j. Right to Participate in Administration of
Property Owned in Common
B. RIGHT TO USE THE THING OWNED
IN COMMON [Art. 486, Civil Code]
C. RIGHT TO FULL OWNERSHIP OF
HIS PART AND OF THE FRUITS AND
BENEFITS PERTAINING THERETO
[Art. 493, Civil Code]
Distinctions between Right to Property
Owned in Common and Full Ownership
over the Ideal Share
Property Owned in
Common
Full Ownership
Over the Ideal
Share
Rights Involved
Right to use the thing
owned in common
[Art. 486, Civil Code]
A. RIGHT TO SHARE IN THE BENEFITS
AS WELL AS THE CHARGES [Art.
485, Civil Code]
a. Proportionality
The share of the co-owners shall be proportional
to their respective interests. Any stipulation to
the contrary is void [Art. 485(1), Civil Code].
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A co-owner has the
right to:
1. Alienate;
2. Assign;
3. Mortgage; and
4. Substitute another
person
in
its
enjoyment.
Exception:
When
personal rights are
involved [Art. 493]
Limitations
PROPERTY
Use of the thing
owned in common
must be:
1. in accordance with
the purpose for which
the co-ownership is
intended.
The
purpose
of
the
co-ownership may be
changed
by
agreement, express
or implied.
2. in such a way as to
not injure the interest
of the co-ownership;
3. in such a way as
not to prevent the
other co-owners from
using it according to
their right [Art. 486]
CIVIL LAW
The rights above can
only pertain to the
co-owner’s
ideal
share
prior
to
partition.
Co-owners are free to
dispose
of
their
undivided
aliquot
shares
therein,
limited to the portion
allotted to them upon
partition. If the sale is
of a definite portion
of
the
common
property, the consent
of all co-owners is
required because it
operates
as
a
partition [Spouses Rol
v. Racho, G.R. No.
246096 (2021)].
accion
publiciana,
reivindicatoria).
replevin,
accion
The Action is considered filed for the benefit of
all the co-owners.
A co-owner may bring such an action without
joining all the other co-owners as co-plaintiffs
because the suit is presumed to have been filed
to
benefit
his
co-owners.
If
the
plaintiff/co-owner claims to be the sole owner,
the action should be dismissed [Clemente v.
Republic, G.R. No. 220008 (2019)].
E. RIGHT
TO
COMPEL
OTHER
CO-OWNERS TO CONTRIBUTE TO
THE EXPENSES OF PRESERVATION
AND TO THE TAXES [Art. 488, Civil
Code]
General Rule
A sale made before the partition of the property
among the coheirs does not annul or invalidate
the deed of sale [Lipa Agricultural Development
Corp. v. Salas, G.R. No. 242646, (2021)]. Only
the rights of the co-owner/seller are transferred,
thereby making the buyer a co-owner of the
property.
The proper action in such a case is not for the
nullification of the sale, or for the recovery of
possession of the property owned in common
from the third person, but for division or
partition of the entire property if it continued to
remain in the possession of the co-owners who
possessed and administered it. [Tomas Claudio
Memorial College, Inc. v. Court of Appeals, G.R.
No. 124262, (1999)].
D. RIGHT TO BRING AN ACTION IN
EJECTMENT [Art. 487, Civil Code]
Actions contemplated: All cases for recovery of
possession (forcible entry, unlawful detainer,
Each co-owner shall have a right to compel the
other co-owners to contribute:
1. To the necessary expenses (incurred for
preservation of the thing or right). If
practicable, he must first notify his
co-owners of the necessity for such
repairs [Art. 489, Civil Code]
2. To the taxes [Art. 488, Civil Code]
Exception
to
paying
expenses and taxes
necessary
Co-owner no longer has to pay if he renounces
his undivided interest as equivalent to his share
of expenses and taxes [Art. 488, Civil Code].
This means that his/her renunciation does not
cover all of his/her interest in the property
co-owned.
Exception to the Exception
No waiver shall be made if prejudicial to
co-ownership [Art. 488, Civil Code].
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1. Expenses to improve or embellish the
thing shall be decided upon by a
majority as determined in Art. 492, Civil
Code.
2. As for the expenses for pure luxury or
mere pleasure, these are not refundable
for not serving purposes of preservation
[Art. 548, Civil Code].
Rationale: Alteration is an act of ownership.
Alteration – a change in the nature or use of a
thing; it contemplates a permanent change.
Examples:
1. Change of the thing from the state or
essence in which the others believe it
should remain. Withdrawal of the thing
from the use to which they wish it to be
intended
2. Any
other
transformation
which
prejudices the condition or substance of
the thing or its enjoyment by the others
[Manresa].
F. RIGHT TO REIMBURSEMENT FOR
NECESSARY
REPAIRS
[Arts.
488-489, Civil Code]
General Rule: A co-owner has the right to
compel the other co-owners to contribute to the
expenses of preservation, maintenance, or
necessary repairs of the thing or right owned in
common and to the taxes [Art. 488, Civil Code].
Examples of Alterations
1. The construction of a house on the
co-owned property is an act of
dominion. It is an alteration of the
property owned in common [Cruz v.
Catapang, G.R. No. 164110 (2008)].
2. Mortgage, donation, or sale of a portion
or the whole of the property co-owned
3. Allowing or entering into an easement
Requirement of notice: If practicable, the
co-owner must first notify the co-owners of the
necessity for the repairs [Art. 489, Civil Code].
Exception to the requirement of notice: If
impracticable or where the repairs are very
urgent, and the other co-owners are in remote
places and cannot be reached by an ordinary
means of communication. This means that
his/her renunciation does not cover all his/her
interest in the property co-owned.
Lack of notice even if practicable: Does not
exempt other co-owners to contribute. The
co-owner who advanced them has the burden of
proving that they were properly incurred.
G. RIGHT TO OPPOSE ALTERATIONS
[Art. 491, Civil Code]
General Rule: Unanimous Consent - None
of the co-owners shall, without the consent of
the others, make alterations in the thing owned
in common, even though benefits for all would
result therefrom.
Exception: If the withholding of the consent by
one or more of the co-owners is clearly
prejudicial to the common interest, the courts
may afford adequate relief.
H. RIGHT TO PARTITION [Art. 494,
Civil Code]
Partition is the separation, division and
assignment of a thing held in common among
those to whom it may belong. Every act which is
intended to put an end to indivision among
co-heirs and legatees or devisees is deemed to
be a partition. Partition may be inferred from
circumstances sufficiently strong to support the
presumption. Thus, after a long possession in
severalty, a deed of partition may be presumed
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[Spouses Marcos v. Heirs of Bangi, G.R. No.
185745 (2014)].
not exceeding ten (10) years, shall be
valid [Art. 494, Civil Code].
2. A donor or testator may prohibit
partition for a period which shall not
exceed twenty (20) years [Art. 494, Civil
Code].
3. Neither shall there be any partition
when it is prohibited by law [Art. 494,
Civil Code].
4. When physical partition would render
the thing unserviceable for the use for
which it is intended [Art. 495, Civil
Code].
An oral partition by the heirs is valid if no
creditors are affected. Even the requirement of a
written memorandum under the statute of
frauds does not apply considering that such a
transaction is not a conveyance of property
resulting in change of ownership but merely a
designation and segregation of that part which
belongs to each heir. [Lipa Agricultural
Development Corp. v. Salas, G.R. No. 242646
(2021)].
General Rule:
1. No co-owner shall be obliged to remain
in the co-ownership; and
2. Each co-owner may demand at any time
the partition of the thing owned in
common, insofar as his share is
concerned [Art. 494(1), Civil Code].
The fact that an agreement for partition lacks
technical description of the parties’ respective
portions or that the subject property is still
embraced by a single certificate of title could not
legally prevent a partition, where the different
portions allotted to each are determined and
separately identifiable [Leoverzo v. Valdez, G.R.
No. 169985(2011)].
Note: If the thing owned in common is
indivisible:
1. The co-owners can agree that it be
alloted to one of them, and the latter
will indemnify the others; or
2. If they cannot agree, the thing shall be
sold and its proceeds distributed [Art.
498, Civil Code]
Elements for Prescription to Run in
Favor of Co-Owner:
1. He has performed unequivocal acts of
repudiation amounting to an ouster of
the other co-owners;
2. Such positive acts of repudiation have
been made known to the other
co-owners; and
3. The evidence thereon must be clear and
convincing [Salvador v. CA, G.R. No.
109910 (1995)].
4. He has been in possession through
open,
continuous,
exclusive,
and
notorious possession of the property for
the period required by law [Figuracion v.
Figuracion-Gerilla, G.R. No. 151334
(2013)].
Note: A creditor or assignee of a co-owner may
take part in the division of the thing owned in
common and object to its being effected without
their concurrence. But they cannot impugn any
partition already executed unless there has been
fraud or in case it was made notwithstanding a
formal opposition to prevent it, without
prejudice to the right of the debtor or assignor
to maintain its validity [Art. 497, Civil Code].
Exceptions:
Sample of Acts of Repudiation
1. An agreement to keep the thing
undivided for a certain period of time,
1. Filing of actions in court like quieting of title,
accion reivindicatoria and other similar suit
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2. Co-owner who causes cancellation of the
existing title and petitions for an issuance of a
new title in his favor
3. Co-owner who permanently fences the
property and hires security personnel to prevent
other co-owners from entering the property
I. RIGHT TO REDEMPTION [Art. 1619,
Civil Code]
[Verdad v. Court of Appeals, G.R. No. 109972,
(1996)].
J. RIGHT
TO
PARTICIPATE
IN
ADMINISTRATION OF PROPERTY
OWNED IN COMMON [Art. 492,
Civil Code]
General Rule:
1. For the administration and better
enjoyment of the thing owned in
common, the resolutions of the majority
of the co-owners shall be binding [Art.
492(1), Civil Code].
2. There shall be no majority unless the
resolution is approved by the co-owners
who represent the controlling interest in
the object of the co-ownership [Art.
492(2), Civil Code].
Legal redemption – 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
dation in payment, or by any other transaction
whereby ownership is transmitted by onerous
title [Art. 1619, Civil Code].
General Rule: 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 third person [Art. 1620, Civil
Code].
As legal redemption is intended to minimize
co-ownership, once a property is subdivided and
distributed
among
the
co-owners,
the
community ceases to exist and there is no more
reason to sustain any right of legal redemption.
Every act intended to put an end to indivision
among co-heirs is deemed to be a partition
[Avila v. Sps. Barabat, G.R. No. 141993 (2006)].
When exercised
Within 30 days from the notice in writing by the
selling co-owner [Art. 1623, Civil Code]
Exceptions to Acts of Administration
Only by Majority:
1. If there be no majority; or
2. If the resolution of the majority is
seriously prejudicial to those interested
in the property owned in common.
In which case, the court will intervene: the
court, at the instance of an interested party,
shall order such measures as it may deem
proper, including the appointment of an
administrator.
Examples of Acts Seriously Prejudicial
The written notice of sale is mandatory.
Notwithstanding actual knowledge of a coowner,
he is still entitled to a written notice from the
selling co-owner in order to remove all
uncertainties about the sale, its terms and
conditions, as well as its efficacy and status.
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1. Call for a substantial change of the thing
2. Authorizing leases, loans, and other
contracts without the necessary security,
thereby exposing the property to serious
danger
3. Continued
employment
of
an
administrator who is guilty of fraud or
negligence
in
his
management
[Manresa]
PROPERTY
CIVIL LAW
Note: A co-owner is entitled to a written notice
from a selling co-owner in order to remove all
uncertainties about the sale, its terms and
conditions, as well as its efficacy and status
[Verdad v. CA, G.R. No. 109972 (2000)].
cracks in the walls,
electrical wiring
system which renders
property unsafe/
unhealthy to live in)
given to others [Arts.
488 and 489, Civil
Code].
IV.
Alterations (ex. Sale,
mortgage,
assignment)
Consensus of all
co-owners [Art. 491,
Civil Code]
Lease for more than
one (1) year
Consensus of all
co-owners
(considered an act of
alteration, see
Tolentino)
Acts of administration
(ex. Payment of
taxes/association
dues, hiring
contractors to do
minor repairs)
Majority of co-owners
[Art. 492, Civil Code]
Improvement/
Embellishing the
Thing/ Useful
expenses (ex.
Swimming pool,
CCTV, landscaped
gardens, etc.)
Majority of co-owners
[Arts. 489 and 492,
Civil Code]
RULES
A. ON RENUNCIATION OF SHARE
A co-owner may exempt himself from the
payment of expenses of preservation by
renouncing his undivided interest in the
co-ownership as may be equivalent to his share
in the necessary expenses and taxes [Art. 488,
Civil Code].
A co-owner who has not waived his share in the
co-ownership may be compelled to pay his share
in the cost of its maintenance, but he may not
be compelled to renounce.
Waiver of renunciation is not allowed if it is
prejudicial to the co-ownership [Art. 488, Civil
Code].
B. REPAIRS
FOR
PRESERVATION
EMBELLISHMENTS
OR
IMPROVEMENTS
Requires consent of majority of co-owners
representing the controlling interest in the
undivided thing [Arts. 489 and 492, Civil Code].
C. RULES ON MULTI-STORY HOUSE
[ART. 490, CIVIL CODE]
Applies when:
Note: The rules under Art. 492 are applicable,
so judicial intervention may be resorted to.
Summary
Act of Co-Owner
Consent Needed
Preservation (ex.
Critical maintenance
work – roof leaks,
May be made at will
by any co-owner, but
preferably notice is
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1. The different stories of a house belong
to different owners;
2. The titles of ownership do not specify
the terms under which they should
contribute to the necessary expenses;
and
3. There exists no agreement on the
subject.
PROPERTY
CIVIL LAW
Manner of Contribution based on the
Part of the House
1. Main and party walls, the roof, and the
other things used in common - All
owners contribute in proportion to the
value of the story belonging to each.
2. Floor of the entrance, front door,
common yard, and sanitary works
common to all - All owners contribute
pro rata or equally
3. The floor of each co-owner’s story Each owner bears the cost of
maintaining the floor of his story
4. Stairs - For stairs from the first entrance
to the first story, contribution is through
pro rata sharing of all owners except the
owner of the ground floor. For stairs
from the first to the second story,
contribution is through pro rata sharing
of all owners except the owner of the
ground floor and that of the first story;
and so on.
V.
TERMINATION
EXTINGUISHMENT
OR
Means of Termination [STAMPD]:
1. Total Destruction of the thing owned in
common
2. Merger of all interests in one person
3. Acquisitive prescription
4. Partition
5. Sale of property co-owned
6. Termination of period agreed upon in
co-ownership
A. TOTAL DESTRUCTION OF THING
OR LOSS OF THE PROPERTY
CO-OWNED
Exception: If the building is destroyed, there is
still co-ownership over the land and the debris
[Tolentino].
B. MERGER OF ALL INTERESTS IN
ONE PERSON
This may take place by any of the causes which
are sufficient to transmit title to an obligation,
either by assignment, subrogation, and sale of
inheritance.
C. ACQUISITIVE PRESCRIPTION
This is a mode of acquiring ownership by a
possessor through the requisite lapse of time. It
may be ordinary or extraordinary [Art. 1117,
Civil Code].
Ordinary
acquisitive
prescription
requires
possession of things in good faith and with a
just title for the time fixed by the law.
Extraordinary prescription is the opposite. No
good faith or just title is required, but long
possession under Art. 1132 (2) [De Leon].
​
In this case between step-siblings about
property inherited from their common mother
but different fathers, the deed of partition was
proven to have been implemented in 1920,
leaving some properties in co-ownership.
Prescription started to run on the date of
repudiation of the co-owned properties which
already prescribed when the complaint was filed
in 1973. However, one property was assigned to
Sixto Hallasgo in exchange for the house in the
poblacion. The heirs of Jardin may still recover
that if there was a violation of trust; the action
has not prescribed [Heirs of Jardin v. Heirs of
Hallasgo, G.R. No. L-55225 (1982)].
D. PARTITION OR DIVISION
Modes:
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1. Extrajudicial
partition
–
The
agreement may be oral or written, done
PROPERTY
CIVIL LAW
outside of court [Vda. de Reyes v. CA,
G.R. No. 92436 (1991)].
2. Judicial partition – Governed by the
Rules of Court insofar as they are
consistent with the Civil Code [Art. 496,
Civil Code].
5. The co-heirs shall not be liable for the
subsequent insolvency of the debtor of
the estate, but only for his insolvency at
the time the partition is made [Art.
1095, Civil Code].
Rights of Third Parties in Partition
Action for Partition Will Determine:
1. The partition of a thing owned in
common shall not prejudice third
persons, who shall retain the rights of
mortgage, servitude, or any real rights
belonging to them before the division
was made [Art. 499, Civil Code].
[Heirs of Cesar Marasigan v. Marasigan, G.R. No.
156078 (2008)]
1. Whether or not the plaintiff is indeed a
co-owner of the property
2. How the property will be divided
between the plaintiff and defendant
Note: A “third person” is defined as all
those who did not in any way participate
or intervene in the partition [Paras citing
3 Manresa 54 and Gonzaga v. Martinez,
G.R. No. L-3196 (1908)].
Incidents of Partition
1. Mutual accounting for benefits received
and reimbursement for expenses made
[Art. 500, Civil Code].
2. Payment of damages by each co-owner
caused by reason of his negligence or
fraud [Art. 500, Civil Code].
3. Liability of each co-owner for defects of
title and quality of the portion assigned
to each of the co-owners [Art. 501, Civil
Code].
Effects of Partition
1. Confers exclusive ownership of the
property adjudicated to a co-heir [Art.
1091, Civil Code].
2. Co-heirs shall be reciprocally bound to
warrant the title to, and the quality of
each property adjudicated [Art. 1092,
Civil Code].
3. Reciprocal obligation of warranty shall
be proportionate to the respective
hereditary shares of co-heirs [Art. 1093,
Civil Code].
4. An action to enforce the warranty must
be brought within ten (10) years from
the date the right of action accrues [Art.
1094, Civil Code].
2. The creditors or assignees of the
co-owners may take part in the division
of the thing owned in common and
object to its being effected without their
concurrence [Art. 497, Civil Code].
All kinds of creditors, whether preferred or
ordinary, are included within the scope of
creditors; but they must have become creditors
during the existence of the co-ownership and
not before or after [Paras citing 3 Manresa
528-529].
Exception
If the partition was already executed, the
creditors/assignees cannot impugn the same.
Exception to the Exception
There was fraud or a previous formal opposition
against the partition, without prejudice to the
right of the debtor or assignor to maintain its
validity [Art. 497, Civil Code].
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CIVIL LAW
The law does not expressly require previous
notice to the creditors and assignees before a
partition [Tolentino].
by a new agreement. A donor or testator may
prohibit partition for a period which shall not
exceed twenty (20) years.
If notice is not given, the partition is not binding
on the creditors and assignees.
VI.
But once notice has been given, it is the duty of
creditors and assignees to intervene and make
known their stand. If they fail to do so, they
cannot question the division made, except in
cases of fraud.
Partition of an Indivisible Thing [Art.
498, Civil Code]
1. 1st option: The co-owners can agree
that one of them shall be the sole owner
by paying the value of the other
co-owners’ shares.
2. 2nd option: If they cannot agree who
among them shall be the sole owner,
the property will be sold to a 3rd person
and the proceeds will be distributed
among them.
E. SALE OF PROPERTY CO-OWNED
[Art. 498, Civil Code]
The sale shall be resorted to only if:
1. The property is essentially indivisible.
2. The co-owners cannot agree that the
entire property be allotted or assigned
to one of them, who shall reimburse the
other co-owners of their shares.
F. TERMINATION OF PERIOD AGREED
UPON BY THE CO-OWNERS [Art.
494, Civil Code]
An agreement to keep the thing undivided for a
certain period of time, not exceeding ten (10)
years, shall be valid. This term may be extended
THE
CONDOMINIUM ACT
[R.A. 4726, AS AMENDED]
A. DEFINITIONS
Condominium - an interest in real property
consisting of separate interest in a unit in a
residential, industrial or commercial building and
an undivided interest in common, directly or
indirectly, in the land on which it is located and
in other common areas of the building.
Condominium Corporation
A corporation specially formed for the purpose in
which the holders of separate interest shall
automatically be members or shareholders, to
the exclusion of others, in proportion to the
appurtenant interest of their respective units in
the common areas.
Unit
A part of the condominium project intended for
any type of independent use or ownership,
including one or more rooms or spaces located
in one or more floors (or part or parts of floors)
in a building or buildings and such accessories
as may be appended thereto.
Project
The entire parcel of real property divided or to
be divided in condominiums, including all
structures thereon.
Common areas
The entire project excepting all units separately
granted or held or reserved.
R.A. 4726 Sec. 6. Unless otherwise expressly
provided in the enabling Master Deed or the
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CIVIL LAW
Declaration of Restrictions, the incidents of a
condominium grant are as follows:
proportion as their interests in the common
areas [Sec. 8, R.A. 4726].
a. The following are not part of the unit:
bearing walls, columns, floors, roofs,
foundations,
and
other
common
structural elements of the buildings;
lobbies, stairways, hallways and other
areas of common use, elevator
equipment and shafts, central heating,
central refrigeration and central air
conditioning equipment, reservoir, tanks,
pumps and other central services and
facilities, pipes, ducts, flues, chutes,
conduits wires and other utility
installations, wherever located, except
the outlets thereof when located within
the unit.
Partition shall be made only upon showing:
1. That three years after damage or
destruction to the project in which the
corporation owns or holds the common
areas, which damage or destruction
renders a material part thereof unfit for
its use prior thereto, the project has not
been
rebuilt
or
repaired
substantially to its state prior to its
damage or destruction; or
2. That damage or destruction to the
project has rendered one-half or more
of the units untenantable and that
condominium
owners
holding
in
aggregate more than thirty percent
interest in the common areas are
opposed to repair or restoration of the
project; or
3. That the project has been in existence
in excess of fifty years, that it is
obsolete and uneconomic, and that
condominium
owners
holding
in
aggregate more than fifty percent
interest in the common areas are
opposed to repair or restoration or
remodeling or modernizing of the
project; or
4. That the project or a material part
thereof has been condemned or
expropriated and that the project is no
longer
viable,
or
that
the
condominium
owners
holding
in
aggregate more than seventy percent
interest in the common areas are
opposed to continuation of the
condominium regime after expropriation
or condemnation of a material portion
thereof; or
5. That the conditions for such
partition by sale set forth in the
declaration
of
restrictions,
duly
The Master Deed provided that all repairs and
maintenance of the common areas not
necessitated by the negligence of a unit owner
shall be made and at the expense of the
Condominium Corporation.
Moreover, the
electrical main panel, although located inside the
unit, forms part of the electrical supply system
of the condominium, an integral component of
the power utility installation, which is considered
a common area under the Condominium Act.
[Limson v Wack Wack Condominium, G.R. No.
188802 (2011)].
B. RULES ON JUDICIAL PARTITION
General Rule: Common areas shall remain
undivided, and there shall be no judicial partition
thereof [Sec. 7, R.A. 4726].
Exceptions: An action may be brought by one
or more such persons for partition thereof by
sale of the entire project, as if the owners of all
of the condominiums in such project were
co-owners of the entire project in the same
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registered in accordance with the terms
of this Act, have been met.
conditioned upon failure of the
condominium owners to rebuild within a
certain period or upon specified
inadequacy of insurance proceeds, or
upon specified percentage of damage to
the building, or upon a decision of an
arbitrator, or upon any other reasonable
condition.
C. ALLOWABLE RESTRICTIONS
A declaration of restrictions must be
registered and annotated by the Register of
Deeds, and such declaration shall constitute a
lien upon and is binding upon condominium
owners in the project.
Such declaration of restrictions may
provide:
1. Provisions regarding the management
body’s
powers,
maintenance
of
insurance policies, maintenance of
common areas, purchase of materials
for common areas, payment of taxes
and special assessments, reconstruction
of portion/s of the project, manner of
delegation of power, entry by officers
and agents into units when necessary,
and power of attorney to sell the entire
project.
2. The manner and procedure for
amending such restrictions: Provided,
That the vote of not less than a majority
in interest of the owners is obtained.
3. For independent audit of the accounts of
the management body;
4. For reasonable assessments to meet
authorized
expenditures,
each
condominium unit to be assessed
separately for its share of such expenses
in
proportion
(unless
otherwise
provided) to its owners fractional
interest in any common areas;
5. For the subordination of the liens
securing such assessments to other liens
either generally or specifically described;
6. For conditions upon which partition of
the project (except as specified in Sec.
8) and dissolution of the condominium
corporation may be made. Such right to
partition
or dissolution may be
D. TERM AND DISSOLUTION OF A
CONDOMINIUM CORPORATION
The term of a condominium corporation shall be
co-terminus with the duration of the
condominium project, the provisions of the
Corporation Law to the contrary notwithstanding
[Sec. 11, R.A. 4726].
Dissolution of a Condominium
Corporation may be through:
1. Voluntary Dissolution
2. Involuntary Dissolution
Voluntary Dissolution
General Rule: Until the enabling or the master
deed of the project in which the condominium
corporation owns or holds the common area is
revoked, the corporation shall not be voluntarily
dissolved through an action for dissolution under
Rule 104 of the Rules of Court.
Exception: Upon showing:
1. That three years after damage or
destruction to the project in which the
corporation owns or holds the common
areas, which damage or destruction
renders a material part thereof unfit for
its use prior thereto, the project has not
been rebuilt or repaired substantially to
its state prior to its damage or
destruction; or
2. That damage or destruction to the
project has rendered one-half or more
of the units therein untenantable and
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that more than thirty percent of the
members of the corporation, if
non-stock,
or
the
shareholders
representing more than thirty percent of
the capital stock entitled to vote, if a
stock corporation, are opposed to the
repair or reconstruction of the project,
or
3. That the project has been in existence
in excess of fifty years, that it is
obsolete and uneconomical, and that
more than fifty percent of the members
of the corporation, if non-stock, or the
stockholders representing more than
fifty percent of the capital stock entitled
to vote, if a stock corporation, are
opposed to the repair or restoration or
remodeling or modernizing of the
project; or
4. That the project or a material part
thereof has been condemned or
expropriated and that the project is no
longer viable, or that the members
holding in aggregate more than seventy
percent interest in the corporation, if
non-stock,
or
the
stockholders
representing more than seventy percent
of the capital stock entitled to vote, if a
stock corporation, are opposed to the
continuation of the condominium regime
after expropriation or condemnation of a
material portion thereof; or
5. That the conditions for such a
dissolution set forth in the declaration of
restrictions of the project in which the
corporation owns or holds the common
areas, have been met.
Dissolution may also be done through the
affirmative vote of all the stockholders or
members thereof at a general or special
meeting duly called for the purpose: Provided,
That all the requirements of Section sixty-two of
the Corporation Law are complied with.
Involuntary Dissolution
A corporation may be dissolved by the Securities
and Exchange Commission upon filing of a
verified complaint and after proper notice and
hearing on the grounds provided by existing
laws, rules and regulations [Sec. 121, Title VIV,
Corporation Code].
Effect of Involuntary Dissolution
The common areas owned or held by the
corporation shall be liquidated and transferred
pro-indiviso and in proportion to their interest in
the corporation to the members or stockholders
thereof, subject to the superior rights of the
corporation creditors. After such transfer or
conveyance, the provisions of this Act governing
undivided co-ownership of, or undivided interest
in, the common areas in condominium projects
shall fully apply.
POSSESSION
Possession
What is possession?
Possession is the holding of a thing or
enjoyment of a right [Art. 523, Civil Code].
What are the elements of possession?
(OIR)
1. Occupancy or control of the thing or right –
actual or constructive (corpus)
2. Intent to Possess (animus possidendi)
3. Must be by virtue of one’s own Right
I.
KINDS OF POSSESSION
Possession in the Concept of a Holder:
Acknowledges in another a superior right which
he believes to be ownership, whether his belief
be right or wrong [Carlos v. Republic, G.R. No.
164823 (2005)]
Examples:
1. Lessees;
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2. Trustees, including parents over the
properties of their children; and
husband and wife over each other’s
property;
3. Antichretic creditors;
4. Agents;
5. Attorney’s with regard to their clients
properties;
6. Depositaries; and
7. Co-owners. [De Leon, 2015]
Possession
Owner:
in
the
Concept
of
an
Refers to one’s overt acts which tend to induce
the belief on the part of others that they are the
owner
Possession in the concept of an owner is jus
possidendi.
If a person possesses the concept of owner —
he may eventually become the owner by
prescription. Thus, a possessor merely in the
concept of holder cannot acquire property by
acquisitive prescription—one cannot recognize
the right of another and at the same time claim
adverse possession.
Possession may be exercised in one's
own name or in that of another (Art
524, NCC);
Possession in one’s own name:
Possessor claims the thing for himself [Article
524, Civil Code]
Possession in another’s name:
Held by the person for another; agent, subject
to authority and ratification; if not authorized,
negotiorum gestio.
May be:
a. Voluntary - by virtue of agreement (e.g.
possession of an agent)
b. Legal - by virtue of law (e.g. possession
in behalf of an incapacitated person)
Negotiorum gestio
Whoever voluntarily takes charge of the agency
or management of the business or property of
another, without any power from the latter, is
obliged to continue the same until the
termination of the affair and its incidents, or to
require the person concerned to substitute him,
if the owner is in a position to do so. This
juridical relation does not arise in either of these
instances:
1. When the property or business is not
neglected or abandoned; (unauthorized
contracts)
2. If in fact the manager has been tacitly
authorized by the owner. (agency) [Art.
2144, Civil Code]
Relevance of Good Faith and Bad Faith
Possession in Good Faith: possessor is not
aware of the flaw or defect in his title or mode
of acquisition [Art. 526, Civil Code]
Requisites (FUT):
1. There is a Flaw or defect in said title or
mode which invalidates it;
2. The possessor is Unaware of the flaw
or defect, or believes that the thing
belongs to him
3. The possessor has a Title or mode of
acquisition;
Note: Good faith is always presumed; the
burden of proof of bad faith is on the person
who alleges bad faith [Art. 527, Civil Code]. It
ceases when the possessor has knowledge of
facts regarding a flaw, weakness, or defect in his
title.
Rights of a Possessor in Good Faith
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1. Fruits [Art. 544, Civil Code]
2. Refund of necessary expenses [Art. 546,
Civil Code]
3. Refund of useful expenses [Art. 546,
Civil Code]
4. Right of retention when there are
unpaid necessary or useful expenses
[Art. 546, Civil Code]
5. Removal
of
useful/ornamental
improvements without damage to the
principal thing [Arts. 546-547, Civil
Code]
6. No liability for deterioration or loss,
except in cases of fraudulent intent or
negligence [Art. 552, Civil Code]
7. May
acquire
full
ownership
by
prescription [Arts. 1117-1138, Civil
Code]
8. Presumption of just title [Art. 541, Civil
Code]
9. Can ask for the inscription of possession
in the Registry of Property [Art 708, Civil
Code]
10. Generally, he/she can do on the things
possessed everything that the law
authorizes an owner to do until he/she
is ousted by one who has a better right
11. Can exercise the right of pre-emption
and is entitled to indemnity in case of
appropriation
12. Has presumption of continuity of good
faith [Arts. 528-529, Civil Code]
13. Non-interruption
of
possession
(possession during intermediate period)
[Arts. 554 and 561, Civil Code]
14. Right to be respected and protected/
restored in his/her possession by the
means established by the laws and the
Rules of Court [Art. 539, Civil Code].
These include summary actions (forcible
entry and unlawful detainer), accion
publiciana, and action for replevin.
Accion reivindicatoria is not included.
“Every possessor” – includes all kinds of
possession, from that of an owner to
that of a mere holder, except that which
constitutes a crime.
15. Lawful possessors can employ self-help
[Art. 429, Civil Code]
16. Possession of an immovable extends to
the movables within or inside [Arts. 542
and 426, Civil Code] (Exception: When it
is shown or proven that such movables
should be excluded)
Possession in Bad Faith: possesses in any
case contrary to the foregoing (definition of
good faith) [Art. 526, Civil Code]
It begins from the time the possessor becomes
aware that there is something improper in his
possession.
II.
WAYS
OF
POSSESSION
ACQUIRING
Modes of Acquisition (MSA)
1. By the Material occupation of a thing or
exercise of a right;
2. By Subjecting a thing or right to the
action of our will; or
3. By proper Action and legal formalities.
(De Leon, 2015)
A. BY
THE
MATERIAL
OCCUPATION OF A THING OR
THE EXERCISE OF A RIGHT
Possession is acquired through the
following
modes of constructive
delivery:
1. Traditio brevi manu – If the
transferee/buyer already had possession of the
object under a different title even before the
sale (e.g., lessee, depositary subsequently buys
the property)
2. Traditio constitutum possessorium – the
transferor/seller continues in the possession of
the object, but not in the concept of an owner
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(e.g., owner sells the property and becomes
lessee)
B. BY THE FACT THAT THE THING
IS SUBJECT TO THE ACTION OF
OUR WILL
Possession is acquired through the following
modes of constructive delivery:
1. Traditio simbolica – delivering an object
or symbol, and placing the thing under the
control of the transferee (ex. Giving a key where
the thing or object is stored, kept or under
custody. Since the key is with the vendee, then
it means that the latter can gain access to the
object)
2. Traditio longa manu – the transferor points
out to the transferee the things which are being
transferred, or they merely agree or consent
that delivery has been effected
Requisites of Doctrine of Irrevindicability
(GO):
● The movable property must be acquired
in Good faith; and
● The possession must be in the concept
of an Owner [Art. 559, Civil Code].
Exception
1. The owner has lost the thing;
2. The owner has been unlawfully deprived
of the thing [Art. 559, NCC].
Rules in Loss or unlawful deprivation
of a movable (RCC):
1. One who has lost any movable or has
been unlawfully deprived thereof, may
Recover it from the person in possession
of the same [Art. 559, Civil Code];
2. If the possessor of a movable lost or
which the owner has been unlawfully
deprived, has acquired it in good faith at
a public sale, the owner Cannot obtain
its return without reimbursing the price
paid therefor [Art. 559, Civil Code); and
3. 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, Civil
Code].
C. BY THE PROPER ACTS AND
LEGAL
FORMALITIES
ESTABLISHED FOR ACQUIRING
SUCH RIGHT
Acquisition by virtue of a just title such as when
property is transmitted by succession, donation,
contract, or execution of a public instrument,
etc.
III.
EFFECTS OF POSSESSION
Possessor of a Movable Property
Rules For Movables
Possession of Movables
Possession is not deemed lost so long as they
remain under the control of the possessor, even
if whereabouts are unknown [Art. 556, Civil
Code].
General Rule: Possession of movables acquired
in good faith is equivalent to a title (Art. 559,
NCC)
Possession in good faith is equivalent to a title.
Nevertheless, one who has lost any movable or
has been unlawfully deprived thereof, may
recover it from the person in possession of the
same [Art. 559, Civil Code]. The right of the
owner cannot be defeated even by proof that
there was good faith in the acquisition by the
possessor. [Dizon v. Suntay, G.R. No. L-30817
(1972)].
Exception: When there is acquisition in good
faith of the possessor at a public sale, in which
case the owner cannot obtain its return without
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reimbursing the price. The owner’s right is based
on his being dispossessed without his consent
[Dizon v. Suntay, supra].
ACTIONS TO RECOVER
OWNERSHIP AND
POSSESSION OF REAL
PROPERTY
Period
to bring
action
Actions to Recover Ownership and
Possession
I.
ACCION INTERDICTAL
Action for Ejectment (Forcible Entry &
Unlawful Detainer; FE-UD)
A summary action for recovery of actual,
material or de facto physical possession through
an action for forcible entry or unlawful
detainer. It must be filed in the MTC or MeTC
[Sec. 1, Rule 70, Rules of Court].
Difference between Forcible Entry &
Unlawful Detainer
As to
unlawful
-ness of
possessi
on
As to
manner
of
disposse
-ssion
Forcible Entry
Unlawful
Detainer
The possession
was already
unlawful from
the time of
entry.
The possession
was first lawful,
but became
illegal. (e.g. a
lessee refuses
to vacate the
property after
the lease
contract has
expired)
Lawful
possessor
deprived
through FISTS:
1. Force
2. Intimidation
3. Strategy
Possessor
refused to
vacate upon
demand by
owner
Note: Legal
possession (by
II.
4. Threats, and
5. Stealth
permission or
tolerance)
becomes
unlawful upon
failure to vacate
1 year from
dispossession
(force,
intimidation,
threats) or from
Knowledge of
dispossession
(strategy,
stealth)
1 year from last
demand to
vacate
ACCION PUBLICIANA
Accion publiciana, also known as accion plenaria
de posesion, is an ordinary civil proceeding to
determine the better right of possession of
realty independently of title.
It refers to an ejectment suit filed after the
expiration of one (1) year from the accrual
of the cause of action or from the unlawful
withholding of possession of the realty.
The objective of the plaintiffs in accion
publiciana is to recover possession only, not
ownership. However, where the parties raise the
issue of ownership, the courts may pass upon
the issue to determine who between or among
the parties has the right to possess the property.
However, such adjudication is not conclusive on
the issue of ownership [Madrid v. Spouses
Mapoy, G.R. No. 150887 (2009)].
Note: Actions for ejectment/accion interdictal
not filed within one (1) year must be filed as
accion publiciana.
III.
ACCION REIVINDICATORIA
Accion reivindicatoria seeks the recovery of
ownership and includes the jus utendi and the
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jus fruendi brought in the proper RTC. Accion
reivindicatoria is an action whereby plaintiff
alleges ownership over a parcel of land
and seeks recovery of its full possession
[Spouses Cañezo v. Bautista, G.R. No. 170189
(2010)].
It must be brought in the proper RTC
(depending on the assessed value of the
property) in an ordinary civil proceeding [Heirs
La Madrid v. Tumaliuan, G.R. No. 243799
(2021)].
Requisites for Accion Reivindicatoria
1. The property must be identified; and
2. The plaintiff must rely on the strength of
his title (E incumbit probatio qui dicit,
non qui negat – “He who asserts, not he
who denies, must prove”) [Art. 434, Civil
Code].
IV.
WRIT OF POSSESSION
An order directing the sheriff to place a
successful registrant under the Torrens system
in possession of the property covered by a
decree of the court.
When is a Writ of Possession proper?
(FEEEL)
a. Foreclosure, judicial or extrajudicial, of
mortgage. Provided that the mortgagor
has possession, and no third party has
intervened
b. Ejectment
c. Execution sales
d. Eminent domain proceedings
e. Land registration cases
V.
Being an ancillary remedy, injunction can be
utilized to recover possession subject to the
following limitations/restrictions:
a. It only maintains the status quo;
b. It cannot transfer the control of the
property to another person or entity
when there is no control or possession
established in the first place; and
c. It cannot be used as an alternative
remedy for proper actions to recover
possession.
Exception: When injunction is allowed:
1. Actions for forcible entry
a. Writ of preliminary injunction
within 10 days from filing of the
complaint to restore plaintiff in
possession
b. Courts shall decide within 30
days
2. Ejectment
a. If possessor is a possessor in
concept
of
an
owner
(possession de jure) for over a
year and being disturbed by
repeated
intrusions
of
a
stranger
b. If an owner, still in possession,
desires to prevent repeated
intrusions by a stranger
c. If the possessor is clearly not
entitled to property
EASEMENTS
INJUNCTION
Easements
General Rule: Not available as a remedy
(Reason: The presumption is that the one in
possession disputably has the better right)
I.
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CIVIL LAW
1. A real right – an action in rem is
possible against the possessor of the
servient estate
2. Imposable only on another’s property
3. Jus in re aliena – real right that may
be alienated although the naked
ownership is maintained
4. Limitation or encumbrance on the
servient estate for another’s benefit
5. There is inherence or inseparability
from the estate to which it belongs
a. Easements are inseparable from
the estate to which they actively
or passively belong (Art. 617);
they are transmissible, cannot
be alienated or mortgaged
independently of the estate, or
assigned to another immovable.
6. It is indivisible (even if the tenement
be divided)
a. a. Partition of either the servient
or dominant estate between two
or more persons does not affect
the existence of the easement
7. It is intransmissible (unless the
tenement affected also be transmitted)
8. It is perpetual (as long as the
dominant and servient estate exists
unless sooner extinguished by the
causes enumerated in the law).
9. It grants no title to the dominant
estate holder so the establishment of an
easement is proof that the property is
not his or hers.
II.
KINDS OF EASEMENTS
As to
recipient
of the
benefit
Real (Praedial)
- encumbrance is
imposed on an
immovable for the
benefit of another
immovable. Two
distinct
immovable —
required. (Art.
613,NCC)
the benefit of a
community, or
of one or more
persons to
whom the
encumbered
estate does not
belong. (Art.
614, NCC)
As to its
source
Legal
- imposed by law
and may be
established
against the will of
the owner of the
servient estate.
(Art. 619, NCC)
Voluntary
- by will or
agreement of
the parties.
(Art. 619, NCC)
- only the
owner can
create a
servitude that
will bind the
servient estate.
(RABUYA,
2021)
As to its
mode of
acquisiti
on
Continuous and
Apparent - by
virtue of a title or,
prescription of 10
years. (ART. 620,
NCC)
Discontinuous
and
Continuous
non-apparent acquired only
by virtue of
title. (Art.
622,NCC)
Positive
- from the day on
which the owner
of the dominant
estate, or person
who made use of
the easement,
commenced to
exercise it upon
the servient
estate. 621, NCC
Negative
- from the day
the owner of
the dominant
estate forbade,
by a public
instrument, the
owner of the
servient estate
from executing
an act which
would be
lawful without
the easement.
(Art. 621, NCC)
Legal Easements
Personal
- encumbrance
is imposed on
an immovable
property for
Legal vs Voluntary Easements
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Easements
Voluntary
Easements
PROPERTY
Created by law,
whether for public
use or for the interest
of private persons.
Art. 619 and 634,
Civil Code)
CIVIL LAW
Created by the will of
the owners of the
estate through
contract, last will or
donation. (Art. 619,
Civil Code)
A legal easement is one mandated by law,
constituted for public use or for private interest
and becomes a continuing property right unless
its removal is provided for in a title of
conveyance or the sign of the easement is
removed before the execution of the
conveyance.
Essential requisites for an
easement to be compulsory are:
1. the dominant estate is surrounded by
other immovables and has no adequate
outlet to a public highway;
2. proper indemnity has been paid;
3. The isolation was not due to acts of the
proprietor of the dominant estate;
4. The right of way claimed is at point least
prejudicial to the servient estate; and
5. To the extent consistent with the
foregoing rule, where the distance from
the dominant estate to a public highway
may be the shortest.
(Villanueva v. Velasco, G.R. No. 130845, 2000)
Easements cannot be created by courts. The
court’s role is only to declare the existence of an
easement if in reality one exists by virtue of law
or will of the parties. Thus, there are no judicial
easements (Castro v. Monsod, G.R. No. 183719,
2011)
a. Natural Drainage (Art 637, NCC)
Lower estates are obliged to receive the waters
which naturally and without the intervention of
man descend from the higher estates (as well as
the stones or earth which they carry with them).
The owner of the lower estate cannot construct
works which will impede this easement; neither
can the owner of the higher estate make works
which will increase the burden.
Refer to Art. 46 of the Water Code which states
that “when artificial means are employed to
drain water from higher to lower land, the
owner of the highest land shall select the routes
and methods of drainage that will cause the
minimum damage to the lower lands, subject to
the requirements of just compensation.”
b. Riparian Banks
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 (3) meters for urban areas, twenty (20)
meters for agricultural areas and forty (40)
meters for forest areas [Art.51, Water Code]
along their margins, to the easement of public
use in the general interest of navigation,
floatage, fishing, recreation and salvage.
Estates adjoining the banks of navigable or
floatable rivers are subject to the easement of
towpath for the exclusive service of river
navigation and floatage. If it is necessary to
occupy lands of private ownership, the proper
indemnity shall first be paid.
NOTE: Voluntary easements must be recorded
in the Registry of Property to prejudice third
persons. (Art. 708, Civil Code)
Kinds of Legal Easements
Relating to Waters
c. Abutment of a Dam (Art. 639,
NCC)
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
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lands which must support it, he may establish
the easement of abutment of a dam, after
payment of the proper indemnity.
Note: The Water Code requires a water permit
for the establishment of a dam [Art. 18, Water
Code].
d. Drawing Water and Watering
Animals (Arts. 640-641, NCC)
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
[Art. 640, Civil Code].
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 place where such
easements are to be used, and the indemnity
shall include this service [Art. 641, Civil Code].
The width of the easement must not exceed ten
(10) meters [Art. 657, Civil Code].
e. Aqueduct
Any person who may wish to use upon his own
estate any water of which he can dispose shall
have the right to make it flow 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
filter or descend [Art. 642, Civil Code].
Requisites to Establish Easement of
Aqueduct [Art. 643, Civil Code]:
1. To prove that he can dispose of the
water and that it is sufficient for the use
for which it is intended;
2. To show that the proposed right of way
is the most convenient and the least
onerous to third persons;
3. To indemnify the owner of the servient
estate in the manner determined by the
laws and regulations.
4. Acquire a water permit [Art. 13, Water
Code]
What it cannot be imposed on
Easement of aqueducts for private interest
cannot be imposed on buildings, courtyards,
annexes, or outhouses, or on orchards or
gardens already existing [Art. 644, Civil Code].
Right of servient estate owner
This easement 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 [Art. 645, Civil Code].
Treatment under law
This easement is considered as continuous and
apparent, even though the flow 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 [Art. 646,
Civil Code].
In the appropriation of water, there is a need to
apply for water rights.
Any person having an easement for an aqueduct
may enter upon the servient land for the
purpose of cleaning, repairing or replacing the
aqueduct or the removal of obstructions
therefrom [Art. 49, Water Code].
Water legally appropriated shall be subject to
the control of the appropriator from the moment
it reaches the appropriator’s canal or aqueduct
leading to the place where the water will be
used or stored and, thereafter, so long as it is
being beneficially used for the purposes for
which it was appropriated [Art. 8, Water Code].
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f. Stop Lock or Sluice Gate
3. There must be payment of the proper
indemnity.
4. That the right of way claimed is at the
point least prejudicial to the servient
estate; and in so far as consistent with
this rule, where the distance from the
dominant estate to a public highway
may be the shortest. (Art. 649)
A person may construct a stop lock or sluice
gate in the bed of the stream from which the
water is to be taken, for the purpose of
irrigating or improving an estate.
He 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.
g. Right of Way
What is the Easement of Right of Way?
This is the easement or privilege by which one
person or a particular class of persons is allowed
to pass over another’s land, usually through one
particular path or line. (Art. 649, Civil Code)
Who May Demand [Art. 649, Civil
Code]
1. The owner of the dominant estate; or
2. Any person with the real right to
cultivate or use the dominant estate e.g.
a usufructuary, a de jure possessor.
What are the requisites for easement
of right of way?
1. The property is surrounded by estates of
others,
2. There is no adequate outlet to a public
highway
a. An adequate outlet is one that is
sufficient for the purpose and
needs of the dominant owner,
and can be established at a
reasonable expense.
b. Even if there is access, it is
difficult or dangerous to use, or
grossly insufficient;
c. Mere inconvenience in the use
of an outlet does not render the
easement a necessity.
Note: A lessee cannot demand such easement,
because the lessor is the one bound to maintain
him in the enjoyment of the property.
A right of way can be established through the
will of parties as well, and the provisions on the
legal easement of right of way will not govern.
Legal Easement for National
Government Infrastructure Projects
R.A. 10752 provided for the guidelines in
establishing a LEGAL EASEMENT for RIGHT of
WAY for national government infrastructure
projects which may be through donation,
negotiated sale, expropriation, or any other
mode of acquisition as provided by law.
Sec. 4. When the project involves subsurface or
subterranean installations more than 50 meters
from the surface, the entry into the portions of
the private or government lands cannot be
prevented by the surface owners.
Sec. 6 In case of expropriation, the court shall
issue the Writ of Possession in favor of the
government agency implementing the project
seven days after the required deposit of the
value of the land is made to the court, ex parte.
Sec. 15. R.A. 8974 is repealed; thereby
removing the prohibition for TROs and
preliminary injunctions issued by lower courts.
Notes on Extinguishment
Extinguishment is not automatic. The owner of
the servient estate must ask for such
extinguishment.
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commenced
to exercise it
upon the
servient
estate
Indemnity paid to the servient owner must be
returned without interest. Interest on account of
indemnity is deemed to be rent for use of
easement.
An easement continues by operation of law.
Alienation of the dominant and subservient
estates to different persons is not a ground for
extinguishment of easements absent a
statement extinguishing it. (Tañedo v. Bernad,
G.R. No. L-66520, 1988)
h. Light and View
i. Power Lines
R.A. 11361 (Aug. 18, 2019) established the
easement of power lines to ensure the
continuous and uninterrupted transmission and
distribution of electricity and protect the
integrity and reliability of power lines.
Sec. 6. Planting tall growing plants and installing
other structures that breach the height of the
power line corridor are prohibited.
How Acquired
Through a period of prescription of ten (10)
years, counted depending on whether it was
positive or negative in nature.
Sec. 8. Pruning of trees shall not be prevented
subject to prior notice to the owner of the
property.
Kind of
Easement
Positive
Easement
Negative
Easement
Nature
Imposes
upon the
servient
owner the
obligation of
allowing
something
to be done,
or doing it
himself [Art.
616, Civil
Code]
Prohibits the
servient owner
from doing
something
which he could
lawfully do if the
easement did
not exist [Art.
616, Civil Code]
From the
day on
which the
owner of the
dominant
estate, or
the person
who have
made use of
the the
easement,
From the day on
which the owner
of the dominant
estate forbade,
by an
instrument
acknowledged
before a notary
public, the
owner of the
servient estate,
Computation
of Time
Possession
(Art. 621)
from executing
an act which
would be lawful
without the
easement
Sec. 15. The power of eminent domain is
granted to power supply franchisees.
III.
MODES OF ACQUIRING
EASEMENTS
Easements; How Acquired. (TPDFAS)
1. By Title - through judicial acts like law,
donation, contract, and will (Art. 620,
Civil Code)
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2. By Prescription - acquired after 10
years of adverse possession or frequent
exercises.
NOTE: This applies only to continuous
and apparent easement, either:
(a) Positive from the day the
dominant owner begins to
exercise it (e.g., party wall)
(b) Negative from the day in
which notarial prohibition is
PROPERTY
CIVIL LAW
made on servient owner (e.g.,
not to obstruct the passage
light)
3. Deed of Recognition - by an affidavit
or a formal deed acknowledging the
servitude by servient owner.
4. Final Judgment - when a court
declares the existence of an easement
in an action filed for the purpose.
NOTE: Resultantly, when the court says
that an easement exists, it is not
creating one. For, even an injunction
cannot be used to create one as there is
no such thing as a judicial easement.
The court merely declares the existence
of an easement created by the parties.
(La Vista Association v. CA, GR No.
95252, 1997)
Discontinuous and
Apparent (CA)
YES
NO
Discontinuous Nonapparent (CNA)
YES
NO
NOTE: All easements may be acquired by title,
but
only continuous and apparent
easements
may
be
acquired
by
prescription.
IV.
Rights and Obligations of the Owners
of the Dominant and Servient Estates
Rights of Dominant Estate Owner
1. To make on the servient estate all the
works necessary for the use and
Preservation of the servitude, provided:
a. This must be at his own
expense
b. He must notify the servient
owner
c. Select convenient time and
manner
d. He must not alter the easement
nor render it more burdensome
(Art. 627, NCC)
2. To ask for mandatory Injunction to
prevent impairment of his use of the
easement;
3. To Renounce totally the easement if he
desires to exempt himself from
contribution to necessary expenses (Art.
628, NCC); and
4. To exercise all the rights Necessary for
the use of the easement (Art. 625,
NCC).
5. Apparent Sign - established by an
owner of two adjoining estates. Then
one estate is alienated and the
easement
continuous
actively
or
passively unless at the time of division,
it is provided that the easement will
cease, or the sign removed before
execution of deed (Art. 624) [See case
of Sps. Garcia v. Santos (2019), G.R No.
228334]
Kind of
Easement
How Acquired
Title
Prescription
Continuous and
Apparent (CA)
YES
YES
Continuous Nonapparent (CNA)
YES
NO
EFFECTS OF EASEMENT
Obligations of Dominant Estate Owner
1. He cannot Alter the easement or render
it more burdensome (Art. 627, NCC);
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2. He cannot use the easement except for
the Benefit of the immovable originally
contemplated (Art. 626, NCC);
3. He cannot exercise the easement in any
other manner than that previously
Established (Art. 626, NCC);
4. He may make any works or construct
anything which is necessary for the use
and Preservation of the servitude (Art.
627, NCC);
5. He shall Notify the servient owner of the
works necessary for the use and
preservation (Art. 627, NCC);
6. He must choose the most Convenient
time and manner in making the
necessary works as to cause the least
inconvenience to the servient owner
(Art. 627, NCC); and
7. He must contribute to the necessary
Expenses if there are several dominant
estates (Art. 628, NCC).
is an agreement to the contrary (Art.
628, NCC).
Requisites for a Servient Owner to
Change the Place or Manner of
Easement (IAIO)
1. The place or manner has become very
Inconvenient to the servient owner or
prevents him from making important
works thereon;
2. He offers Another place or manner
equally convenient;
3. No Injury is caused by the change to
the dominant owner or to whoever may
have right to the use of the easement;
and
4. The expenses that will be incurred in the
process shall be borne by the Owner of
the servient estate (Art. 629, NCC).
V.
Rights of a Servient Owner (URC)
1. To make Use of the easement (Art. 628,
NCC);
2. To Retain ownership and possession of
the portion of the estate on which the
easement was established (Art. 630,
NCC); and
3. To Change the place or manner of the
easement, provided it be equally
convenient (Art. 629, NCC).
EXTINGUISHMENT OF
EASEMENT
An easement may be extinguished by:
1. Redemption agreed upon between the
owners of the dominant and servient
estates;
Obligations of a Servient Estate Owner
(PIRC)
1. He cannot Impair the use of the
easement (Art. 629, NCC);
2. In case of impairment, to Restore
conditions to the status quo at his
expense, plus damages; and
3. To Pay for the expenses incurred for the
change of location (Art. 629, NCC);
4. Contribute to the necessary expenses in
case he uses the easement, unless there
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NOTE: Pertains to voluntary redemption
2. Expiration of the term or fulfilment of
the resolutory condition;
3. Merger of the ownership of the
dominant and servient estates;
4. Annulment of the title to the servitude;
5. Permanent Impossibility to use the
easement;
6. Non-use for 10 years;
a. Discontinuous Easement: from
day not used
b. Continuous Easement: from day
an act contrary to easement
happens
PROPERTY
CIVIL LAW
7.
Bad condition – when either or both
estates fall into such a condition that
the easement could not be used;
8. Resolution of the right to create the
servitude estate;
9. Expropriation of the servient estate; and
10. Waiver or renunciation by the dominant
owner (Art. 631, NCC);
11. Abandonment of the Servient Estate;
12. Eminent Domain;
13. Annulment or Rescission of title
constituting the easement;
14. Termination of the right of the grantor.
(RABUYA, 2021)
Difference between Nuisance and
Negligence
NUISANCE
Nuisance
I.
Wong, G.R. No. 192861, June 30, 2014)
(Art. 694); or
5. Obstructs or interferes with the free
passage of any public highway or street,
or any body of water (e.g. Permanent
obstructions on barrio roads, such as
illegally
constructed
houses,
are
injurious
to
public welfare and
convenience. The occupation and use of
private individuals of public places
devoted to public use constitute public
and private nuisances and nuisance per
se [Alolino v. Flores, G.R. No. 198774
(2016)];
CLASSES OF NUISANCE
A nuisance is any act, omission, establishment,
business, condition of property, or anything
else which: (ISAOH)
1. Injures or endangers the health or
safety of others (e.g. House in danger of
falling, fireworks or explosives factory,
houses without building permits and
without provisions for disposal of waste
matter) [Ayala v. Barretto, G.R. No.
L-9966 (1916)]; or
2. Annoys or offends the senses; (e.g.
leather factory, garbage cans, pumping
station with a high chimney, smoke,
noise) [Bengzon v. Prov. of Pangasinan,
G.R. No. L-41941 (1936)]; or
3. Shocks, defies or disregards decency or
morality (e.g. Movie actress strips nude
in the lobby of a movie house for sake
of publicity for a movie) [Paras]; or
4. Hinders or impairs the use of property.
(backfilling, weakening perimeter wall
which may cause it to collapse – Rana v
Negligence is penalized because of lack of
proper care but a nuisance is wrong not because
of the presence or absence of care, but because
of the injury caused [Paras quoting 39 AmJur
282].
Public Nuisance vs Private Nuisance
Public
Private
A public nuisance
affects a community
or neighborhood or
any
considerable
number of persons,
although the extent
of the annoyance,
danger or damage
upon individuals may
be unequal.
A private nuisance is
one that is not
included
in
the
foregoing definition.
Nuisance per se vs. Nuisance per
accidens
Nuisance per se
Nuisance per
accidens
It
is
an
act,
occupation
or
structure which by its
very
nature,
Nuisance
becomes
such under certain
conditions
and
circumstances (Salao
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unquestionably is a
nuisance regardless
of its location or
surroundings.
v. Santos, G.R. No.
L-45519, 1939).
As a matter of law
As a matter of fact
Need only be proved
in any locality
Depends upon its
location
and
surroundings,
the
manner of its conduct
or
other
circumstances
May be summarily
abated under the law
of necessity
May be abated only
with
reasonable
notice to the person
alleged
to
be
maintaining or doing
such nuisance
II.
DOCTRINE OF ATTRACTIVE
NUISANCE
What is the Doctrine of Attractive
Nuisance?
Q: Is a swimming pool an attractive nuisance?
General Rule: A swimming pool or water tank
is not an attractive nuisance, for while it is
attractive, it is merely an imitation of the
work of nature. Hence, if small children are
drowned in an attractive water tank of another,
the owner is not liable even if there be no
guards in the premises. (Hidalgo Enterprises v.
Balandan, et. al, G.R. No. L-3422 June 13, 1952)
Exception: There is some unusual
condition or artificial feature other than the
mere water and its location.
Rationale: Children are earlier instructed
so that they are sufficiently presumed to know
the danger [nature has created streams, lakes,
and pools which attract children]
III.
LIABILITY OF NUISANCE
Who are Liable in Case of Nuisance
One who maintains on his premises dangerous
instrumentalities or appliances of a character
likely to attract children at play, and who fails to
exercise ordinary care to prevent children from
playing therewith or resorting thereto, is liable to
a child of tender years who is injured thereby,
even if the child is technically a trespasser in the
premises [Jarco Marketing Corp. v. CA, G.R. No.
129792 (1999)].
Reason for Doctrine:
Although the danger is apparent to those of age,
it is so enticing or alluring to children of tender
years as to induce them to approach [Ibid].
Elements of attractive nuisance
1. It must be attractive; and
2. Dangerous to children of tender years.
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1. Person responsible for creating the
nuisance; If the prejudice exceeds the
inconveniences that such proximity
habitually brings, the neighbor who
causes such disturbance is held
responsible for the resulting damage,
being guilty of causing nuisance
[Velasco v. Manila Electric Co., G.R. No.
L-18390 (1971)].
2. Every successive owner or possessor of
property who fails or refuses to abate a
nuisance in that property started by a
former owner or possessor is liable
therefore in the same manner as the
one who created it [Art. 696, Civil
Code];
a. Provided that he knew of the
nuisance and must knowingly
fail or refuse to abate the
PROPERTY
CIVIL LAW
nuisance [Paras citing Lambs v.
Roberts, 196 Ala. 679].
b. To render the new owner or
possessor liable, it is necessary
that he has actual knowledge of
the existence of the nuisance,
and that it is within his power to
abate the same.
c. If he cannot physically abate
the nuisance without legal
action against another person,
then he shall not be liable for
such nuisance.
IV.
REGULATION OF NUISANCES
determine whether or not it was in fact a
nuisance.
1. An action for replevin;
2. To enjoin the sale or destruction of the
property;
3. An action for the proceeds of its sale
and damages if it has been sold; or
4. To
enjoin
private
parties
from
proceeding to abate a supposed
nuisance.
Public Nuisance
Remedies Against a Public Nuisance
1. A prosecution under the Penal Code or
any local ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings
[Art. 699, Civil Code].
General Rule
Lapse of time cannot legalize any nuisance,
whether public or private [Art. 698, Civil Code].
Note: Arts. 698 and 1143 (2) do not apply to
easements
which
are
extinguished
by
obstruction or non-use for ten (10) years under
Art. 631 [Ongsiako v. Ongsiako, G.R. No. L-7510
(1957)].
Note: The three remedies against a public
nuisance enumerated under Art. 699 are not
exclusive but cumulative [De Leon].
The abatement of a nuisance does not preclude
the right of any person injured to recover
damages for its past existence [Art. 697, Civil
Code].
Criminal prosecution is instituted only for “public
nuisance” and not for a private nuisance. The
action is brought in the name of the “People of
the Philippines” since public nuisances are
considered as offenses against the State [De
Leon].
Extinctive Prescription
No Extinctive Prescription to abate a nuisance or
Acquisitive Prescription for the right to use of
the property that creates such nuisance. The
action to abate a public or private
nuisance
is
not
extinguished
by
prescription [Art. 1143 (2), Civil Code].
Criminal Prosecution is Remedy Only
for Public Nuisance
Judgment
Remedy
Defenses to Action Remedies of the
Property Owner
A person whose property is seized or destroyed
as a nuisance may resort to the courts to
288
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with
Abatement
as
a
a. If a civil action is brought by reason of
the maintenance of a public nuisance,
such action shall be commenced by the
city or municipal mayor [Art. 701, Civil
Code].
b. A private person may file an action on
account of a public nuisance if it is
especially injurious to him [Art. 703,
Civil Code].
PROPERTY
CIVIL LAW
Requisites of the Right of a Private
Individual to Bring a Civil Action to
Abate a Public Nuisance [Art. 704, Civil
Code]
1. That demand be first made upon the
owner or possessor of the property to
abate the nuisance;
2. That such demand has been
rejected;
3. That the abatement be approved by
the district health officer and executed
with the assistance of the local police;
and
4. That the value of the destruction does
not exceed P3,000.
Extrajudicial Abatement as a Remedy
1. It must be reasonably and efficiently
exercised.
2. Means employed must not be unduly
oppressive on individuals.
3. No more injury must be done to them
property or rights of individuals than is
necessary to accomplish the abatement.
4. No right to compensation if property
taken or destroyed is a nuisance.
Process for Extrajudicial Abatement:
1. The district health officer shall take care
that one or all of the remedies against a
public nuisance are availed of [Art. 700,
Civil Code].
2. The
district
health officer shall
determine whether or not abatement,
without judicial proceedings, is the best
remedy against a public nuisance [Art.
702, Civil Code].
3. The city or municipal mayor has the
authority to abate the nuisance through
summary proceedings without judicial
proceedings.
However, the mayor must first secure
certifications from the district health officer
and/or the city engineer. The city engineer
certifies and declares illegal or dangerous
structures, dangerous zones to ensure public
safety. (sec. 477, R.A. 7160 Local Government
Code; Sitchon v. Aquino [G.R. No. L-8191
(1956)], where the Manila charter authorized
the City Engineer to do so.)
NOTE: It is the mayor who issues the ORDER to
abate the nuisance, either an ORDER to
demolish or to remove the structure; not the
district health officer or the city engineer, whose
duties are only to recommend abatement to the
mayor.
Nuisances per se
Since they affect the immediate safety of
persons and property, they may be summarily
abated under the undefined law of necessity
[Monteverde v. Generoso, supra].
Squatter houses as nuisance per se
Squatters who built houses of second-class
materials without the knowledge and consent of
the city, without the necessary permits have
occupied property whenever and wherever
convenient to their interests, and even against
the will of the owner. They know that intrusion
into property, government or private, is wrong.
In this situation, the houses and constructions
constitute public nuisance per se, which hinders
and impairs the use of the property for the
construction of a school building to the prejudice
of the education of the youth. The public
nuisance could be summarily abated by the city
authorities, even without the aid of the courts.
(City of Manila v Gerardo Garcia, G.R. No.
L-26053, 1967)
NOTE: Due process in the eviction of squatters
must be observed in accordance with R.A. 7279
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UDHA – Urban Development and Housing Act,
approved March 24, 1992.
a reasonable time to enable the other to
abate the nuisance himself.
4. The
means
employed must be
reasonable and for any unnecessary
damage or force, the actor will be liable.
The right to abate is not greater than
the necessity of the case and is limited
to the removal of only so much of the
objectionable thing as actually causes
the nuisance.
5. The property must not be destroyed
unless it is absolutely necessary to do
so.
Nuisances per accidens
If no compelling necessity requires the summary
abatement of a nuisance, the municipal
authorities, under their power to declare and
abate nuisances, do not have the right to
compel the abatement of a particular thing or
act as a nuisance without reasonable notice to
the person alleged to be maintaining or doing
the same of the time and place of hearing
before a tribunal authorized to decide whether
such a thing or act does in law constitute a
nuisance. (Iloilo Cold Storage v. Municipal
Council, supra)
Noise pollution is not a nuisance per se, but a
nuisance per accidens. Noise can be considered
a nuisance only if it affects injuriously the health
or comfort of ordinary people in the vicinity to
an unreasonable extent. Noise pollution tests
measuring the decibel levels of the sound
complained of must show that the level is higher
than the normal level experienced in a particular
location. This would differ if the location is near
a busy street or in a remote area. (Frabelle
Properties v AC Enterprises, G.R. No. 245438,
2020)
Rules on Abatement
1. The right must be exercised only in
cases of urgent or extreme necessity. The thing
alleged to be a nuisance must exist at the time
that it was alleged to be a nuisance.
2. A summary abatement must be resorted
to within a reasonable time after
knowledge of the nuisance is acquired
or should have been acquired by the
person entitled to abate.
3. The person who has the right to abate
must give reasonable notice of his
intention to do so, and allow thereafter
DIFFERENT MODES OF
ACQUIRING OWNERSHIP
Different Modes of Acquiring Ownership
a.
b.
c.
d.
e.
f.
Occupation
Tradition
Donation
Prescription
Intellectual Creation
Testate and Intestate Succession
Note: Only items a-d are discussed in Property.
Item e is discussed in the Intellectual Property
Code part of the Commercial Law reviewer. Item
f is discussed in the Succession part of this same
reviewer.
I.
OCCUPATION
Requisites
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1. There must be seizure of a thing.
2. The thing seized must be corporeal
personal property.
3. The subject must have the intention to
acquire ownership and the necessary
capacity to consent.
4. The object must be appropriable by
nature and without an owner.
PROPERTY
CIVIL LAW
Rules
Pigeons and Fish
A. ON LAND
General rule
The ownership of a piece of land cannot be
acquired by occupation (Art. 714.)
Belongs to the owner of the breeding place into
which they have moved (Art. 717.)
Exception
B. ON ANIMALS
Wild animals
The right to hunt and to fish is regulated by
special laws. (Art. 715)
Possessed only while under a person’s control
(Art. 560.) When wild animals regain their
natural freedom, they resume being res nullius
and can be owned by occupation through
hunting or fishing.
Domesticated animals
Domesticated animals are those who retain the
habit of returning to the premises of their owner
(Art. 560.)
Belongs to the prior owner if movement was
enticed by some artifice or fraud (Art. 717.)
C. ON
OTHER
PROPERTY
Abandoned Movables
May be acquired, as long as the abandonment
made by the prior possessor is voluntary and
intentional (Art. 713.)
Lost Movables (except treasure)
Known/Unknown Possessor
1. If prior possessor is known, the thing
must be returned to him/her;
2. If prior possessor is unknown, the
thing must be deposited with the
mayor of the city/municipality where it
was found (Art. 719.)
They are claimable by prior owner within
twenty (20) days from occupation by
another person. After 20 days, the animal can
be caught and kept by another person. (Art.
716.)
Swarm of bees
Prior owner has the right to pursue them to
another’s land, but is liable for damages the
other person may suffer (Art. 716.)
PERSONAL
Procedure
Other persons may occupy or retain the swarm
if prior owner:
1. Has not pursued the swarm; or,
2. Ceased to pursue the swarm within
two (2) consecutive days from
movement towards other person’s
property (Art. 716.)
The 2-day period in Art. 716 applies to both
instances where the owner does not pursue the
swarm and when he ceases to pursue them.
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1. The mayor publicly announces the
finding of the thing for two (2)
consecutive weeks in the way he deems
best.
2. If the item cannot be kept without
deterioration or without expenses
that considerably diminish its
value, it shall be sold at public auction
eight (8) days after the publication.
3. If the owner does not appear within
six (6) months from publication, the
thing or its value shall be awarded to
the finder.
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4. If the owner appeared in time, the
owner is obliged to pay the finder
one-tenth (1/10) of the price of the
thing.
Distinction between Occupation and
Possession
Occupation is different from possession because
the latter:
a) covers any property;
b) raises only a presumption when done by
a person in the concept of an owner;
and
c) can be carried out as a holder and not
as owner.
Possession is wider in scope than occupation
because it includes constructive possession.
Hidden Treasure
Any hidden and unknown deposit of money,
jewelry, or other precious objects the lawful
ownership of which does not appear (Art. 439.)
General rule
Belongs to the owner of the property where it is
found (Art. 438.)
Exceptions
Circumstances
of discovery
Entitlement
If found on:
a. Property of
another, the
State, or
any of its
subdivisions
; and
b. By chance
Only one-half (1/2) shall be
allowed to the finder.
Finder is a
trespasser
Finder is not entitled to any
share; and,
Things are of
interest to
science or the
arts
The State may acquire them
at their just price, which
shall be divided in
conformity with the rules
stated
(Art. 438)
R.A. 8492 National Museum Act covers treasure
– hunting, where hidden treasure is deliberately
found, not by chance. A permit for treasure –
hunting from the DENR, the National Museum,
and in some instances, from the Office of the
President.
Different sharing schemes are
applied.
II.
TRADITION
A mode of acquiring ownership as a
consequence of certain contracts like the
contract of sale, barter, assignment, simple loan
or mutuum.
NOTE: Tradition or delivery by itself is not a
mode of acquiring ownership. It becomes a
mode of acquiring ownership only when the
delivery is based on contract. In other words,
without a valid contract, the delivery does not
transfer ownership nor cure the defect in the
contract.
Kinds of tradition
1. Actual delivery consists in placing the
thing sold in the control and possession
of the vendee (Art. 1497)
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2. Legal or constructive delivery may
be had through any of the following
ways:
a. Execution
of
a
public
instrument evidencing the
sale. If based on a valid contract
of sale, then ownership is
transferred. (Art. 1498)
b. Traditio symbolica, such as
the delivery of the keys of the
place where the movable sold is
being kept (Art. 1498, par. 2)
c. Traditio longa manu or by
mere consent or agreement if
the movable sold cannot yet be
transferred to the possession of
the buyer at the time of the sale
(Art. 1499)
d. Traditio brevi manu, if the
buyer already had possession of
the object even before the sale
(Art. 1499); and
e. Traditio
constitutum
possessorium,
where
the
seller remains in possession of
the property in a different
capacity (Art. 1500.)
III.
b. Although under Art. 725,
donation is an act, it is really a
contract.
The
essential
requisites of consent, subject
matter, and cause must be
present.
5. Necessary form prescribed by law.
Features
Nature and Effect of Donation
It is not enough that the act is gratuitous, there
must also be the intent to benefit the donee.
(Heirs of Reyes v. Calumpang, G.R. No. 138463,
2006)
Donation transfers the title of the property from
the donor to the donee. It effectively reduces
the patrimony of the donor and increases the
donee’s.
Effects of Subrogation
1. The donee is subrogated to all the rights
and actions which in case of eviction
would pertain to the donor;
2. If
the
donation
is
simple
or
remunerative, the donor is not liable for
eviction or hidden defects, because the
donation is gratuitous;
3. Even if the donation is simple or
remunerative, the donor is liable for
eviction or hidden defects in case of bad
faith on his part; and
4. If the donation is onerous, the donor is
liable on his warranty but only to the
extent of the burden. (Art. 754)
DONATION
Art. 725. Donation is an act of liberality whereby
a person disposes gratuitously of a thing or right
in favor of another, who accepts it.
Requisites
1.
2.
3.
4.
Capacity of donor to make a donation;
Donative intent (Animus donandi);
Delivery (actual or constructive);
Acceptance by the donee; and
a. Acceptance by the donee is
required because donation is
never obligatory. One cannot be
compelled
to
accept
the
generosity of another.
Persons who may give or receive
donations
General rule
All persons who may contract and dispose of
their property (Art. 735.)
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Exceptions
1. Guardians and trustees cannot donate
the property entrusted to them (Art.
736);
2. Minors and others who cannot enter into
a contract may become donees but
acceptance shall be done through their
parents or legal representatives (Art.
741);
3. For donation to conceived and unborn
children, acceptance may be made by
persons who would legally represent
them if they were already born (Art.
742);
4. Donations
made to incapacitated
persons shall be void (though simulated
under the guise of another contract or
through a person who is interposed)
(Art. 743);
Incapacitated
persons
are
those
prohibited by law to receive a donation
from the donee; such as, guilty of
adultery or concubinage, guilty of same
criminal offense, public officers his
spouse, ascendants and descendants by
reason of his office, prohibited to
succeed by will, donation between
spouses or partners during cohabitation.
5. When the same thing is donated to two
or more different donees, rules on
double sale govern (Art. 744)
a. If movable property - ownership
goes to the first possessor in
good faith;
b. If
immovable
property
ownership goes to the first
registrant in good faith (Art.
1544.)
Classifications
As to taking effect
a. Donation inter vivos - takes effect during
the donor’s lifetime (Arts. 729- 731, Civil
Code)
b. Donation mortis causa - takes effect upon
the donor’s death (Art. 728, Civil Code)
c. Donation propter nuptias - made by reason
of marriage and before the celebration of
which, for the spouses [Art. 82, Family
Code]
As to consideration
a. Simple Donation - the consideration is
the liberality of the donor or based on
the donee’s merits (Arts. 725-726)
b. Remuneratory Donation - given on
account of the services provided by the
donee to the donor which do not
constitute a demandable debt
c. Modal Donation - imposes a burden on
the donee which is less than the value
of the gift
d. Onerous Donation - where the value of
the donated property exceeds the value
of the thing it is given for (Art. 733,
Civil Code)
As to extinguishment
a. Pure Donation - not subject to a
condition or period
b. Conditional - subject to a condition
c. With a term - subject to a resolutory or
suspensive condition
Inter Vivos vs. Mortis Causa
Inter Vivos
Mortis Causa
Disposition and
acceptance to take
effect during lifetime of
donor and donee
Disposition happens
upon the death of
donor; acceptance by
donee can only be
done after donor’s
death
Already pertains to the
donee unless there is a
contrary intent
Even if there is a term
of effectivity and
effectivity is upon the
death of the donor,
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still entitled to fruits
Formalities required follow law on
donations and certain
kinds of donations and
law on obligations and
contracts (suppletory)
Formalities required follow law on
succession to be valid,
and donation must be
in the form of a will
Irrevocable at the
instance of the donor;
may be revoked only
by reasons provided by
law
Revocable ad mutuum
(exclusive will of
donor)
Revoked only for
reasons provided for
by law (except onerous
donations
Note: A donation mortis causa must comply with
the formalities of a last will and testament
otherwise; it would be void and would produce
no effect. (Maglasang v. Heirs of Corazon
Cabatingan, GR No. 131953, 2002)
If the donation is made in such a way that the
full and naked ownership will pass to the donee
upon the death of the donor, then it is at that
time when the donation will take effect and it is
the donation mortis causa which should be
embodied in the last will and testament.
(Maglasang v. Cabatingan, GR No. 131953,
2002)
donor is still alive. (Sicad v. CA, GR No. 125888,
1998)
Where, however, a donation was made
stipulating that it would take effect after the
death of the donor but further stipulated that
(1) the donor will not dispose nor take it away
from the donee and that (2) the donor is parting
with the beneficial ownership while he lived was
held to be inter vivos. In case of doubt, the
conveyance should be deemed donations inter
vivos, rather than mortis causa, in order to avoid
uncertainty as to the ownership of the property
subject of the deed (Villanueva v. Spouses
Branoco, GR No. 173804, 2011).
The reservation of the “right, ownership,
possession and administration of the property”
and made the donation operative upon death, in
the context of an irrevocable donation, simply
means that the donors parted with their naked
title, maintaining only beneficial ownership of
the donated property while they lived. (Del
Rosario vs. Ferrer, GR No. 187056, 2012)
The title or general description of the
documentation of a donation will not be the
governing factor in determining the kind of
donation. (Del Rosario v. Ferrer, supra)
Formalities required
Movable Property
Rules for determining whether a
donation is one inter vivos or mortis
causa
Where a donation was made “in consideration of
love and affection” but further stipulated that “It
became effective upon the death of the donor
provided that in the event the donee should die
before the donor, the donation would be
deemed automatically rescinded,” the Court held
that the same was a mortis causa since the right
of disposition was not transferred to donee while
a. If the value exceeds P5,000, the
donation and acceptance shall be made
in writing. Otherwise, the donation shall
be void.
b. If the value is below P5,000, donation
may be made orally or in writing.
c. If oral, it must be with simultaneous
delivery of the thing or of the document
representing the right donated. (Art.
748)
Immovable Property
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a. To be valid, donation must be made in a
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public instrument, specifying therein the
property donated and the value of the
charges which the done must satisfy. If
donation is made in a private document,
it is void.
b. The acceptance of the donee may be
made in the same deed of donation or
in a separate public document.
c. If the acceptance is made in a separate
instrument, the donor shall be notified
thereof in an authentic form, and this
step shall be noted in both instruments.
d. Acceptance must be made during the
lifetime of the donor. (Art.749)
heirs. The purpose is not to
impair their legitimes.
A donation would not be legally feasible if the
donor has neither ownership nor real rights that
he can transmit to the donee. (Hemedes v. CA,
GR No. 107132, 2008)
Reduction and revocation
Revocation
1.
2.
3.
4.
Rules on double donations
General Rule
Priority in time, priority in right.
1. If movable – one who first takes
possession in good faith
2. If immovable – one who recorded in
registry of property in good faith
a. No inscription, one who first
took possession in good faith
b. In absence thereof, one who
presents oldest title
Limitations
1. Reservation of sufficient means for
support of donor and relatives.
● Donation may comprehend all
present properties of the donor,
or part thereof, provided he
reserves sufficient means for his
support and of relatives who, at
the time of the acceptance of
the donation, are by law entitled
to be supported by the donor.
Otherwise, the donation will be
subject to reduction upon
petition of any person affected.
(Art. 750)
2. Donation
of
future
property
is
prohibited. (Art. 751)
3. Donation shall be limited to what the
donor may give by will. Otherwise, the
donation is inofficious (Art. 752).
● The limitation applies when the
donor has forced or compulsory
Affects the whole donation
Applies only to donation inter vivos
Not applicable to onerous donations
Donor can revoke donation if the donee
fails to comply with the conditions
imposed by the donor.
Grounds for revocation
1. Birth, adoption, reappearance of
child
It applies when the donor, at the time he made
the donation, did not have any child or
descendant, or erroneously thought so.
Donation may be revoked or reduced when:
a. Donor should have any children, after
donation, even though they be
posthumous
b. Donor’s child whom he believed to be
dead when he made the donation, turn
out to be living
c. Donor subsequently adopts a minor
child (Art. 760)
This contemplates a donation inter vivos. It can
only be reduced if the legitime of the child who
appeared or reappeared will be adversely
affected; otherwise, the court will not allow the
donation to be revoked.
2. Ingratitude
The donation may also be revoked by reason of
ingratitude in the following cases:
a. Donee should commit some offense
against the person, honor or property of
the donor, or of his wife, or children
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under his parental authority.
b. Donee imputes to the donor any:
i. Criminal offense; or
ii. Any act involving moral turpitude;
c. Donee unduly refuses to give support
when the donee is legally or morally
bound to give support to the donor. (Art.
765)
1. Birth, appearance, or adoption of a
child
Same case as revocation (only if the
child’s legitime will be impaired.)
2. Failure to reserve
Failure of the donor to reserve sufficient
means for support of himself or
dependent relatives
3. Fraud against creditors
Failure of donor to reserve sufficient
property to pay off existing debts
Period for action prescribes within one year,
counted from the time the donor:
a. Had knowledge of the fact; and
b. It was possible for him to bring the
action. (Art. 769)
Note: This is not actually an action to
reduce a donation. It is rather an action
to rescind a rescissible contract called
Accion Pauliana. Reduction of the
donation is the end result or
consequence once the prayer or relief in
the complaint is granted.
4. Inofficiousness
The donation exceeds that which the
donor can give by will.
3. Non-compliance with conditions
Donation may be revoked when the donee fails
to comply with any of the conditions which the
donor imposed.
The alienations and mortgages made by the
donee are void, subject to the limitations
imposed by the Mortgage Law and Land
Registration laws with regard to third persons.
Cause of action arising from the
inofficiousness of donation arises only
upon death of the donor, as the value of
the donation will be contrasted with the
net value of the estate of the donor
decedent. (Eloy Imperial v. CA, GR No.
112483, 1999)
General Rule
Action prescribes after 4 years from the
noncompliance with the condition. Note: This
action may be transmitted to the heirs of the
donor and may be exercised against the donee’s
heirs. (Art. 764)
Exception
PREMISE: If the deed of conditional donation
does not fix a period for fulfilment of the
condition, the Court shall fix the period.
However, in a case where 50 years had passed
without the condition having been fulfilled, the
Court refused to fix a period and ruled that for
failing to comply with the conditions of the
donation, such donation can be revoked.
(Central Philippine University v. CA, GR No.
112127, 1995)
Reduction
1. affects only a part of the donation
2. allowed during the donor’s lifetime or
after his/her death
Grounds for reduction
IV.
PRESCRIPTION
By prescription, one acquires ownership and
other real rights through the lapse of time in the
manner and under the conditions laid down by
law. In the same way, rights and conditions are
lost by prescription (Art. 1106)
PRESCRIPTION is a question of fact that must
be proved with clear and convincing evidence to
determine the date when the period to bring an
action commended. (James v Eurem Realty
Development, cited in De Leon, p. 722)
Who may acquire by prescription
Persons who are capable of acquiring property
or rights by the other legal modes may acquire
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the same by means of prescription (Art. 1107
par. 1)
d. Action to quiet title if plaintiff is
in possession
Minors and other incapacitated persons may
acquire property or rights personally or through
their parents, guardians, or legal representatives
(Art. 1107 par. 2)
When the plaintiff is in possession of the
property, the action to quiet title does not
prescribe. The reason is that the owner of the
property or right may wait until his possession is
disturbed or his title is assailed before taking
steps to vindicate his right.
When prescription is inapplicable
e. Void contracts
a. By offender
Art. 1133. Movables possessed through a crime
can never be acquired through prescription by
the offender.
An action to recover from the criminal is
imprescriptible.
The buyer of stolen goods loses the thing to the
owner because the thief did not acquire
ownership over it, and therefore cannot transfer
anything. Nemo dat quod non habet – one
cannot give what one does not have. (Odrada v
Lazaro, Jan. 20, 2020)
If the buyer bought the goods at public sale in
good faith he must still return it to the owner,
who will reimburse him for the price paid. The
sale must have a publication of notice for the
general public. (Art. 559) The State does not
issue any warranty for properties sold by the
sheriff at public auction.
b. Registered Lands
No title to registered land in derogation of the
title of the registered owner shall be acquired by
prescription or adverse possession [Property
Registration Decree, PD 1529].
c. Actions to demand a right of
way; to abate a nuisance (Art.
1143)
The action or defense for the declaration of the
inexistence of a contract does not prescribe (Art.
1410)
f. Action
to demand partition;
distinguished from laches
No prescription shall run in favor of a coowner
or co-heir against his co-owners or coheirs so
long as he expressly or impliedly recognizes the
co-ownership (Art. 494)
g. Property of public dominion
Prescription, both acquisitive and extinctive,
does not run against the State in the exercise of
its sovereign function to protect its interest
except with respect to its patrimonial property
which may be the object of prescription (Art.
1113)
Types
1. Acquisitive Prescription
The acquisition of ownership and other real
rights through possession in the concept of
ownership of a thing in the manner and
condition provided by law.
Ordinary
Ordinary
acquisitive
prescription
requires
possession of things in good faith and with just
title for the time fixed by law. Note: Ownership
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and other real rights over immovable property
are acquired by ordinary prescription through
possession of ten (10) years (Art. 1134, Civil
Code)
ii.
through uninterrupted possession for
thirty (30) years without need of just
title or good faith for extraordinary
acquisitive prescription. (Republic v.
Pasig Rizal, G.R. No. 213207, 2022)
Extraordinary
Extraordinary acquisitive prescription is the
acquisition of ownership and other real rights
without need of title or of good faith or any
other condition.
Note: Good faith consists in the reasonable
belief that the person from whom he received
the thing was actually the owner thereof and
could transfer his ownership (Art. 1127)
2. Extinctive Prescription
Acquisitive vs. Extinctive Prescription
The loss or extinguishment of property rights or
actions through the possession by another of a
thing for the period provided by law or through
failure to bring the necessary action to enforce
one’s right within the period fixed by law.
Requisites
1. Capacity to acquire by prescription;
2. A thing capable of acquisition by
prescription;
3. Possession of the thing under certain
conditions; and
4. Lapse of time provided by law
Periods
1. Movables
a. 4 years ‐ If in good faith; and,
b. 8 years ‐ If in bad faith (Art.
1140 in relation to Art. 1132)
2. Immovables
a. 10 years ‐ If in good faith
b. 30 years ‐ If in bad faith
prescription, ownership over real property may
be acquired through the lapse of time in the
manner and under the conditions laid down by
law, that is:
i.
through uninterrupted possession in
good faith and with just title for a period
of ten (10) years for ordinary acquisitive
prescription; or
Acquisitive
Prescription
Extinctive
Prescription
Acquisition
of
ownership and other
real rights through
possession
in
the
concept of ownership
of a thing in the
manner and condition
provided by law.
Extinction of the right
due to the passage of
time.
Also referred to as
adverse possession.
Also referred to as
litigation of action.
Expressly vests the
property and raises a
new
title
in
the
occupant.
Bars the
action.
The controlling feature
is the claimant in
possession.
The
controlling
feature is the owner
out of possession.
right
of
Prescription vs. Laches
Prescription
Laches
Concerned with the
fact of delay.
Concerned with the
effect of delay
A matter of time
Principally a question
of inequity of
permitting a claim to
be enforced, this
inequity being
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founded on some
subsequent change in
the condition or the
relation of the parties.
Statutory
Not statutory
Applies at law
Applies at equity
Cannot be availed of
unless it is especially
pleaded as an
affirmative allegation.
Being a defense of
equity, need not be
specifically pleaded.
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