PROPERTY GENERAL What is a Property? - All things which are or may be the object of appropriation. (Art.

414) Distinguished Thing and Property. Thing any object that exist and is capable of satisfying some human needs. Property anything which is ALREADY the object of appropriation of or is found IN POSSESSION of man. Kinds of Property. Distinguished. 1. Immovable or real (Art. 415) 2. Movable (Art. 416 417) Classes of Immovable. (Art. 415) 1. By Nature (Par 1 & 2) 2. By Incorporation (Par 1, 2, 3, 4 and 6) 3. By Destination (Par 4, 5, 6, 7, and 9) 4. By Analogy (Par 10) Classes of Movable. (Art. 416 418) 1. By Nature - consumable - non - consumable 2. By Intention - fungible - non fungible Test to determine whether property is movable. 1. Whether or not property can be transported or carried from one place to another. 2. Whether such change of location can be made without injuring immovable. 3. Whether objects does not fall within any of Art. 415. 4. Classification of Property according to ownership. ( Art. 419 425) Public dominion - for public use - for public service - for development of national wealth Private ownership - patrimonial property - belonging to private persons OWNERSHIP What is Ownership?

- the right to enjoy, dispose and recover a thing without further limitations than those established by law or the will of the owner. Rights included. 1. To enjoy (Art. 428) 2. To dispose (Art. 428) 3. To recover (Art. 428) 4. To exclude (Art. 429 and 430) 5. To use (Art. 431) 6. To dispose Principle of Self Help (Art. 429) - the owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof for this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. State of Necessity (Art. 432) - the owner of a thing has no right to prohibit the interference of another within 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. Remedies to Recover Possession of Ones Property For Personal Property: Replevin recovery of possession of personal property. (Rule 60 Rules of Court) For Real Property: Accion interdictal recover physical or material possession. Must be file within one year from the time the cause of action arises. Accion publiciana recover better right of possession. Dispossession lasted for more than 1 year. Accion reinvindicatoria recover real property based on ownership. Must be filed within 10 years from time cause of action arises. Distinguished Forcible Entry and Unlawful Detainer Forcible Entry - deprived by force, intimidation, strategy, threat or stealth. Unlawful Detainer - possession is lawful at first but becomes unlawful after expiration or termination of contract. Surface Right (Art. 437) - the owner of a parcel of land is the owner of its surface and of everything under it and he can construct thereon any works or make any plantations and excavation which he may deem proper without detriment to servitudes and subject to special laws and ordinances. Hidden Treasure

General Rule: - belongs to the owner of land, building or other property which it is found. (Art. 438) Exception: If found in property of another by chance, - to the finder - to the owner of land, building or other property ACCESSION What is Accession? - right by virtue of which the owner of a thing becomes the owner of everything that is produces thereby or which is incorporated or attached thereto either naturally or artificially. Classification of Accession. 1. Accession Discreta - pertaining to everything that is PRODUCED like fruits. 2. Accession Continua - pertaining to everything INCORPORATED or attached thereto. For Real Property: - Accession Industrial Outline: A owner of land B builder, planter, sower C owner of materials GF Good Faith BF Bad Faith Art. 447 (Situation) AB GF C GF (Right available) AB appropriation C reimbursement or limited right of removal Art. 448 (Situation) A GF BC GF (Right Available) A appropriation or demand price of land or

expense if elect

rent BC reimbursement of necessary and useful first option or right of retention if A elect first option Art. 449 452 (Situation) A GF BC BF (Right Available) A appropriation plus damages or demand removal or demolition plus damages or right to demand price of land or rent plus BC no right except reimbursement of necessary preservation of land Art. 453 (Situation) A BF BC BF (Right Available) Same as Art. 448 Art. 454 (Situation) A BF BC GF (Right Available) Same as Art. 447 Art. 455 (Situation) A GF or BF B GF or BF C GF (Right Available) First determine rights of A and B Then C can hold B primarily liable and A subsidiarily except Art. 450 (Situation) A GF or BF B GF or BF C BF (Right Available) First determine rights of A and B With C, apply Art. 449 452, B shall be considered

damages expenses for

liable

agent of C

- Accession Natural Alluvion (Art. 457 458) - increment which lands abutting rivers gradually receive as a result of the current of the waters. Avulsion (Art. 459) - transfer of a known portion of land from one tenement to another by the force of the current. Change Course of River (Art. 461 462) - natural change in course of waters of river that may be abrupt or sudden, that the change is permanent and owner had abandoned the land. Formation of Island ( Art. 463 465) Rules: If formed by sea: Within international waters State Outside territorial waters to the first occupant If formed in lakes, or navigable or floatable rivers - State If formed on non navigable or non floatable rivers If nearer to one margin or bank to the nearest riparian owner If equidistant from both banks to riparian owners, by halves For Personal Property: - Adjunction / Conjunction ( Art. 466 471) - two thing belonging to different owners, formed single object separation would impair their nature.

and their

Rules: In GF by either owner (Rights Available) Gen rule: Accessory follows the principal. Exception: if accessory is much precious than the principal, owner of accessory may demand the separation even principal suffers injury. In BF by owner of principal (Rights Available) For the owner of accessory: To recover the value plus damages or demand damages. In BF by the owner of accessory (Rights Available) For the owner of accessory: He losses the accessory and he is liable for damages

separation plus

- Mixture (Art. 472 473) - union of materials where the component lose their identity. Rules: By will of both owners or by accident - each acquires interest in proportion to the value of materials By one owner in GF - each acquires interest in proportion to the value of materials By one owner in BF - he losses all his rights to his own material and he is liable for damages - Specification (Art. 474) - transformation of anothers material by the application of labor. Labor principal Rules: Owner of principal GF (Rights Available) He acquires the new thing and must indemnify the owner of materials resulting thing, the the option: demand Except if the materials are more valuable than the owner of materials has - to acquire work, indemnifying labor or indemnity for the materials Owner of principal BF (Rights Available) For the owner of materials -to acquire work, indemnifying labor or indemnity for Owner of Materials BF (Rights Available) He loses the material and liable for damages CO OWNERSHIP What is Co Ownership? - that form of ownership which exist whenever an undivided thing or right belongs to different persons. Note:

demand the materials

1. Right to use according to the purpose it is intended and interest of each partner. (Art. 486) 2. Portions shall be presumed equal. (Art. 485) 3. Co owner has right to compel other co owner to contribute for expenses of preservation of the thing. (Art. 488) 4. Repairs for preservation of the thing may be made by a co owner alone but need majority vote for the improvement or embellishment of the thing. (Art. 489) 5. Alteration cannot be made without consent of co owners even it is for the benefit of all. (Art. 491) 6. For administration, consent of majority of co owners is needed. (Art. 492) 7. No co owner is required to stay in the co ownership. They may demand partition, so far as his share is concern. (Art. 494) Extinguishment of Co Ownership 1. Consolidation or merger in one co owner 2. Acquisitive prescription in favor of a 3 rd person or a co owner who repudiates the co ownership 3. Loss or destruction of property co owned 4. Sale of property co owned 5. Termination of period agreed upon by the co owners 6. Expropriation 7. Judicial or extra judicial partition POSSESSION What is Possession, in general? - holding of a thing or the enjoyment of a right (Art. 523) Requisites of Possession: 1. Corpus or occupancy 2. Animus or deliberate intention to possess Degrees: 1. Possession 2. Possession 3. Possession 4. Possession Classes: 1. In 2. In 3. In 4. In 5. In 6. In without any title whatsoever with juridical title with just title with a title in fee simple

his own name the name of another the concept of owner the concept of holder good faith bad faith Possession of Immovables

Acquisition of Possession

In General: 1. Material Occupation - traditio brevi manu - one already in possession of a thing other than ownership continues to possess the same under a new title or ownership. - traditio constitutum possessorium - happens when owner continues in possession of property alienated not as a owner but in some other capacity such as lessee, pledge or depositary. 2. Subjection to our will - tradition longa manu - effected by mere consent or agreement of parties. - tradition simbolica - effected by delivering an object such as a key. 3. Constructive Possession - possession in the eyes of the law does not mean that a man have his feet on every square meter of ground. Other Manner: 4. Thru Succession Mortis Causa - rule as to the computation of possession (Art. 533) If the heir: accepts or refuses Possession cannot be acquired thru: 1. Force or Intimidation 2. Tolerance 3. Clandestine or secret Rule or Criteria to be used in case of conflict or dispute regarding possession: 1. Present possessor shall be preferred 2. If both are present, one longer in possession 3. If both began to possess at the same time, one who present title 4. If both present title, court will determine. Effect of Possession 1. Every possessor has a right to be respected in his possession and should not be disturbed. In case he is, Art 539 & 448 provides the legal means to restore such possession. (Art. 539) 2. Possessor in concept of owner enjoys legal presumption that he has just title and cannot be obliged to show it as opposed to those who posses only colorable title, putative title or person believing himself to be the owner which he is not. (Art. 540) 3. One who possess in good faith, fruit of the property goes to him but if he possess in bad faith it goes to the real owner. (Art. 541) Subject to specific rules provided by Art. 544 & 545. 4. Rules as to expenses (necessary, useful, luxury) and charges (taxes) shall be governed by the provisions of Art. 545, 546, 547, 548 and 549. Take note also the difference when the possessor is in good faith or bad faith.

5. Interruption in the possession of the whole or part of the thing commonly possessed shall be to the prejudice of all possessors. (Art. 543) Ways of Losing Possession (Art. 555) 1. By the abandonment of the thing; 2. By an assignment made to another either by onerous or gratuitous title; 3. By the destruction or total loss of the thing, or because it goes out of commerce; 4. By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. Possession of Movables Theory of Irrevindicability - possession in good faith of a movable is presumed ownership. It is equivalent to a title unless the owner or possessor lost the movable or where the owner or possessor has been unlawfully deprived of a movable. Possession of Wild Animals When are they possessed? - While they are under ones control and if they retain the habit of returning to the premises of possessor. USUFRUCT What is Usufruct? - gives the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. Full ownership = Naked Ownership + Usufruct Naked Ownership = Full ownership Usufruct Usufruct = Full Ownership Naked Ownership Distinguished Usufruct from Easement. Usufruct - its object is real or personal - enjoys all uses and fruits of the property - cannot be constituted on an easement but it may be constituted on the land burdened by an easement - usually extinguished by death of usufructuary Easement held in usufruct - not extinguished by death of owner - its object is real property only - limited to a particular use - may be constituted in favor of or burdening a piece of land

Distinguished Usufruct from Lease Usufruct covers all fruits and uses as a rule by law, contract, last will or prescription usufructuary has the duty to make ordinary repairs usufructuary pays for the annual charges and taxes on fruits generally covers only a particular or specific use only by way of contract and by way of exception of law lessee generally has no duty to pay for repairs lessee generally pays no taxes

Lease

Notes: 1. Usufruct is entitled to all natural, industrial and civil fruits of the property. As to hidden treasure he is only entitled to half if he accidentally finds it because the land considers him as a stranger. (Art. 566) 2. There are different cases which determines who is entitled to natural or civil fruits like when fruits are growing at the time of usufruct belong to usufructuary, when fruits are growing at the time usufruct terminates belong to the owner. Other cases provided in Art. 567. 3. If the usufructuary leased the property to another, there is difference if the usufruct will expire first than the leased contract. In such case, the usufructuary will receive only proportionate share and the naked owner will have the rest. (Art. 568) 4. Rule as to certain rights such as rent, pension, benefits and etc is provided in Art. 569. 5. Rights and obligation of usufruct for fruit bearing trees and shrubs, dead trunks, cut off or uprooted, in case of calamity or extraordinary event is provided in Art. 575 and 576. 6. There are also different rights and obligation of a usufructuary of woodland. (Art. 577) 7. It is important to know the different rights of the usufructuary as to the things and fruits, the usufruct itself and at the expiration of the usufruct. 8. Usufructuary may make improvements (usuful or luxury) in the property provided it does not alter its form or substance. (Art. 579) 9. The usufructuary has obligations before exercising (Art. 583 588), during (Art. 589 593, 598 - 602) and at the termination of the usufruct (Art. 594 597). Abnormal Usufruct (Art. 573) - whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. Quasi Usufruct (Art. 574) - whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the

obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. In case they were not appraised, he shall have the right to return at the same quantity and quality, or pay their current price at the time the usufruct ceases. Extinguishment of Usufruct 1. Prescription 2. Termination of right of the person constituting the usufruct 3. Total loss of the thing 4. Death of the usufructuary 5. Expiration of the period or fulfillment of the resolutory condition 6. Renunciation of the usufructuary 7. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE What is Easement? - encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. Distinguished Easement from Servitude. Easement Servitude - English law - always real property - Roman law - may be real or personal property

Distinguished Easement from Lease. Easement but without the Lease is real property property Distinguished Easement from Usufruct. Easement imposed only on real property limited to particular or specific use of the servient estate a non possessory right over an immovable not extinguished by the death of the dominant owner - real right, whether registered or not - imposed only on real property - there is a limited right to the use of real property of another right of possession - real right only when it is registered or when its subject matter and the duration exceeds 1 year - may involve either real or personal property - limited right to both the possession and the use of anothers

Usufruct

- may involve either real or personal property - includes all the uses and the fruits of the property

- involves a right of possession in an immovable or movable - extinguished by the death of the usufructuary Modes of Acquiring Easement. 1. By title (Art. 620) - law - contracts - donation - wills 2. By prescription - 10 years (Art. 620) - in case of positive & negative easement (Art. 620) - deed of recognition ( Art. 623) - final judgment (Art. 623) - apparent sign established by the owner of two adjoining estates (Art. 624) Who is a dominant owner? Art. 627. The owner of the dominant estate may make, at his own expense, on the servient state any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome. For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. Art. 628. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. Who is a servient owner? Art. 629. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude. Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. Art. 630. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement.

Mode of Extinguishment of Easements 1. Redemption agreed upon 2. Expiration of the term or fulfillment of the resolutory condition 3. Merger of ownership of the dominant and servient estate 4. Annulment of the title to the servitude 5. Permanent impossibility to use of the easement 6. Non user for 10 years 7. Bad condition 8. Resolution of the right to create the servitude 9. Expropriation of the servient estate 10.Waiver by the dominant owner Legal Easement 1. Easement Relating to Waters Notes: - Lower estate are obliged to receive waters coming from higher estate provided that it comes naturally. If there is an intervention of man (higher estate) which affects the water coming from their estate to lower estate, the latter has the right to regulate it. (Art. 637) 2. Easement of Riparian Property Notes: - Waters of rivers & streams, even privately owned, are subject to public use (such as: navigation, fishing, etc) throughout their entire length and within zone of 3 meters. (art. 638) 3. Easement on Dam or Weir Notes: - Waters from rivers or brook, could be taken or diverted for other purpose, provided that a dam is build and proper indemnity is given to the private owner of the banks of river. (Art. 639) 4. Easement For Drawing Water or For Watering Cattle Notes: - Remember the requisites provided in Art. 640. - It is an obligation of the servient estate owner to allow passage, going to the place within the town or village where the easement is to be used. (Art. 641) 5. Easement of Aqueduct What is an Aqueduct? - a water supply or navigable channel constructed to convey water Notes: - A person who wishes to use water on his own may do so, provided that he prove or show the requisites provided in Art. 643. - Limitations on such right are provided in Art. 644.

6. Easement for the construction of a Stop Lock or Sluice Gate Notes: - Remember the requisites provided in Art. 467. 7. Easement of Right of Way Notes: - owner of a property surrounded by other property has the right to demand a right of way provided that indemnity be paid. (Art. 649) - the easement demanded must be at the point least prejudicial. (Art. 650) - Special case of extinguishing easement is when new road is opened as provided in Art. 655. - Temporary easement of right of way is to be established in case provided in Art. 656. - Easement of right of way for passage of livestock is to be governed by ordinances and regulations pertaining to such. (Art. 657) 8. Easement of Party Wall What is a Party Wall? - common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. Notes: - Exterior sign showing that such wall is not a party wall and exclusively owned by the owner of property is provided in Art. 660. - Rebuttable presumption that ditches and drains opened between two estates is commonly owned. - Proportionate contribution as to the cost of repairs and constructions of party walls and maintenance. (Art. 662) - Changes made to the party wall by a party, shall be governed by Art. 664 665. 9. Easement of Light and View Notes: - Prescription for acquisition of easement of light & view is from the time of opening the window, if through a party wall (positive acquisition) or from formal prohibition upon the proprietor of adjoining land or tenement if through a wall on dominant estate (negative acquisition). - Restrictions are provided by Art. 669 - 672. 10.Drainage of Buildings 3 Kinds: 1. Easement of drainage of buildings Art. 674 2. Easement to receive falling rain waters Art. 675 3. Easement giving outlet to rain water where house surrounded by other houses Art. 676

11.Intermediate Distance and Works for Certain Constructions and Plantings. Notes: - Restrictions as to construction near fortified place or fortresses (Art. 677), construction of aqueduct, well, sewer, furnance, chimney and others which by reason of its nature or products is dangerous (Art. 678), trees planted near tenement or piece of land belonging to another (Art. 679). 12.Easement against nuisance Notes: - Every person owning a building or a piece of land is under the obligation to prevent causing irritation/disturbance to its neighbors. (Art. 682) 13.Lateral and Subjacent Support Notes: - Limitations as to making excavations which would deprive any adjacent land or building of sufficient lateral or adjacent support (Art. 684) - Such limitation is to be applied not only to existing buildings but to those that is to be build (Art. 686). Voluntary Easement - Constituted by will of the parties or of a testator. Notes: - The owner possessing capacity to encumber property may constitute voluntary easement. - If there are various owners, ALL must consent but consent once given is irrevocable. (Art. 691) NUISANCE What is a Nuisance? - any act, omission, establishment, business or condition of property or anything else: 1. Injures or endangers the health or safety of others; or 2. Annoys or offends the senses; or 3. Shocks, defies or disregards decency or morality; or 4. Obstructs or interferes with the free passage of any public highway or street, or any body of water; or 5. Hinders or impairs the use of property. Doctrine of Attractive Nuisance. - one who maintains on his premises dangerous instrumentalities of a character likely to attract children in play and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to a child of

tender years who is injured thereby, even if the premises.

the child is technically a trespasser in

Requisites of Extrajudicial Abatement. 1. Nuisance must be specially injurious to the person affected 2. No breach of peace or unnecessary injury must be committed 3. Prior demand 4. Prior demand has been rejected 5. Approval by district health officer and assistance of local police 6. Value of destruction does not exceed 3,000 php. REGISTRY OF PROPERTY What is Registration? - any entry made in a book or public registry of deeds. Purpose of Registration: - to give true notice of true status of real property and real rights. - to record acts or contracts. - to prevent commission of fraud. THEORY OF MODE AND TITLE M ode of Acquiring Ownership 1. Law 2. Tradition - mode of acquiring ownership as a consequence of certain contracts, by virtue of which, the object is placed in the control and possession of the transferee, actually or constructively. Real or Actual Delivery - Thing shall be understood as delivered when it is placed in the control and possession of the vendee. Constructive Delivery Some example: - traditio brevi manu - traditio constitutum possessorium - tradition longa manu - tradition simbolica 3. Occupation - mode of acquiring ownership by the seizure of corporeal things that have no owner, with the intention of acquiring them, according to the rules laid down by law. Distinguished from Possession. Occupation can take only property without an owner as opposed to possession which refer to all kinds of property. Things that may be acquired thru Occupation: - animals (object of hunting and fishing) - hidden treasures

*Take note of the rule for the owner of swarm of bees, pigeons and fishes from their breeding places. (Art. 716 718) 4. Donation - act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it. Distinguished Donation Inter vivos from mortis causa. Art. 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. Art. 729. When the donor intends that the donation shall take effect during the lifetime of the donor, though the property shall not be delivered till after the donor's death, this shall be a donation inter vivos. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. Who may give donation? - All persons who may contract and dispose their property. (Art. 735) Who cannot give donation? - Guardians and Trustees, as to properties entrusted to them (Art. 736) Who may accept donation? - All those who are not specially disqualified by law. (Art. 738) Donations that are void: (Art. 739) 1. Those made between persons who were guilty of adultery or concubinage at the time of the donation; 2. Those made between persons found guilty of the same criminal offense, in consideration thereof; 3. Those made to a public officer or his wife, descedants and ascendants, by reason of his office. Notes: - Donation must be accepted during the lifetime of the donor and done. (Art. 746) - Take note of the rule in case of donation of immovable (Art. 749) and movable (Art. 748) property. - Donation may comprehend all present property of the owner (Art. 750) but not future property (Art. 751) Grounds for Revocation: - birth, appearance or adaptation of the child (Art. 760) - non fulfillment of resolutory condition (Art. 764) - acts of ingratitude (Art. 765) 4. Prescription

actions to

- means of acquiring ownership and other real rights or losing rights or enforce such rights through the lapse of time.

Distinguished Acquisitive Prescription from Extinctive Prescription. 5. Succession * To be discuss in Succession Law INTELLECTUAL CREATION Who may acquire ownership over intellectual creation? (Art. 721) 1. The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work; 2. The composer; as to his musical composition; 3. The painter, sculptor, or other artist, with respect to the product of his art; 4. The scientist or technologist or any other person with regard to his discovery or invention *Other laws governing intellectual creation will be discuss in Law in Intellectual Property subject.