LAW ON PROPERTY BASED ON

ATTY. RABUYAS BOOK AND DISCUSSION

ATTRIBUTES OF OWNERSHIP Jus - FAPDUV Jus - F Fruendi / Right to the fruits A Abutendi / Right to abuse or consume P Posidendi / Right to possess D Disponendi / Right to dispose U Utendi / Right to use without destroying V Vindicandi / Right to recover The present article only mentions Right to enjoy Right to dispose Right to recover However, the right to enjoy includes FAPU Right to the fruits Right to abuse or consume Right to possess Right to use without destroying the substance RIGHT TO ENJOY -Right to freely enjoy either the property itself or the benefits derived therefrom Right to Use and Abuse Right to Use employing it for the purpose for which it is fit, without destroying it, and which employment can be repeated Right to Abuse the use that extinguishes, consumes, by acts of the owner, things which are consumable. RIGHT TO DISPOSE - The power of the owner to dispose of his property. -Includes Power to alienate the right of the owner to transmit, either by onerous or gratuitous title, his right to another by any act inter vivos or moris causa. e.g., sale, donation Power to limit or encumber the power of the owner to deprive himself of several rights included in ownership and transfer them to another e.g., contracts of lease, commodatum, usufructuary Right to transform the power to change the nature of the thing, or its form or destination Power to destroy the power to render useless or to abandon or annihilate the thing Power to merge

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-The mass or bundle of rights that may be exercised over a property -Subject matter may either be (material) things or rights -An independent right of exclusive enjoyment and control of the thing for the purpose of deriving therefrom all advantages required by the reasonable needs of the owner and the promotion of the general welfare but subject to the restrictions imposed by law and the right of others (Justice JBL Reyes) -A real right A power belonging to a person over a specific thing without a definite passive subject to whom such right may be personally enforced Creates a direct relation between the specific thing and its holder Creates an obligation on the part of third persons not to interfere in such enjoyment PROPERTY -Things which are susceptible of appropriation -The object of ownership RIGHTS INCLUDED IN OWNERSHIP EDREED-J-CHA E- Enjoy D- Dispose R- Recover the property from any holder or possessor E- Exclude any person from enjoyment and disposal of the property E- Enclose or fence the land or tenement D- Demand indemnity for damages suffered due lawful interference by a third person to avert an imminent danger J- Just compensation in case of eminent domain C- Construct any works or make any plantations and excavations H- Hidden treasure found in the owners property A- Accessions ART 428 The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it.

RIGHT TO RECOVER Possession essential to both free enjoyment and disposal Jus possidendi Right TO possession; Possession as an incident of ownership or a right included in ownership Jus possessionis Right OF possession; Possession which is a right independent and apart from ownership The owner is entitled to exclusive ownership of his property. However, in the event of unlawful deprivation of possession, the owner is not justified to take the law into his own hands. He is required to resort to proper legal processes to recover his possession over his property. ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY Accion RIP R Reinvidicatoria / Reinvidicacion I Interdictal P Publiciana / Plenaria de posesion a. Accion Reinvidicatoria - An action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession -Plaintiff seeks to recover the exercise of rights included in ownership -Recovery of possession over property as owner REQUISITES 1) Proof of identity of the land claimed -By describing the location, area and boundaries* *May either be natural or artificial GR: Boundaries prevail over area and location in defining a piece of land. EXPN: If there is a conflict and the boundaries are not sufficiently certain and the identity of the land is not clearly proved by the boundaries, the area should prevail. 2) His title to the land b. Accion Interdictal -Summary action of ejectment -Comprises two distinct causes of action Forcible entry / detentacion Unlawful detainer / desahuico

-Has one-year prescriptive period Based on Art. 555 of the CC Possession de facto is lost if the possession by another person has lasted for more than one year. -The use of summary procedure in ejectment cases is intended to provide an expeditious means of protecting actual possession or right to possession of the property; they are not processes to determine the actual title to an estate Forcible Entry Unlawful Detainer Summary action to recover material or physical possession of real property Person who originally Plaintiff was deprived of held the property possession because the (Plaintiff) was deprived unlawful detainer of possession by force, unlawfully withholds intimidation, threat, possession after the strategy or stealth. expiration or termination of his right thereto under a contract express or implied Possession is void ab Possession was originally initio because he lawful but becomes acquired possession by illegal by reason of the force, intimidation, termination of his right threat, strategy or of possession under his stealth. contract with the plaintiff Plaintiff must allege that Plaintiff need not have he was in prior physical been in prior physical possession of the possession property until deprived thereof One-year prescriptive One-year prescriptive period is counted from period is counted from the date of actual entry the date of last demand EXCEPT when made NOTE: Demand is trough stealth, it will be necessary, which is counted from the time of judicial in nature. the knowledge of such entry c. Accion Publiciana - Plenary action for recovery of possession 1) Action for recovery of the right to possess to determine the better right of possession of realty independent of the title or ownership of the property 2) An ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty. Remedy after the prescription period in accion interdictal

 Basis of recovery of possession Accion Publiciana Accion Reinvidicatoria

Plaintiffs allegation

Court Jurisdiction

Jus Possessionis or Jus Possidendi or real right of ownership itself possession -Possession as -The right of incident or possession attribute of independent of ownership ownership Plaintiff merely Plaintiff alleges alleges proof of a ownership over a better right to parcel of land and posses without seeks recovery of claim of title its full possession If the property is located in Metro Manila Assessed value is n.m.t. 50K MeTC Assessed value is more than 50K RTC If the property is outside Metro Manila Assessed value is n.m.t. 200K MTC Assessed value is more than 200K RTC Accion Publiciana Plenary action for recovery of possession The determination of the better right of possession or possession de jure Accion Interdictal Summary action for ejectment Limited to the question of possession de facto (physical possession) MeTc or MTC.

Nature of action Issue Involved

Court Id. Jurisdiction 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 physical invasion or usurpation of his property. DOCTRINE OF SELF-HELP -The employment of such reasonable force by the owner in defense of his property. -Available to: The owner of the property; or Any of its lawful possessor -Cannot be invoked to recover a property -Can only be exercised at the time of the actual or threatened dispossession

- Repel actual unlawful physical invasion/usurpation - Prevent threatened unlawful physical invasion/usurpation Defense of property is deemed included in self- defense under Art. 11, par. 1 of the RPC Related cases: 1) People v. Goya (1965) -Defense of property, whether complete or incomplete, must be coupled with an attack on the person defending the property 2) People v. Narvaez (1983) -Art. 429 of the CC - Defense of property without any aggression against the person of the owner is authorized. ART 430 Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. -An exercise of the owners right to exclude others from the enjoyment of his property. -Must not be attended with bad faith If the purpose was to eject his occupant whose lease has already expired, the owner is liable to said occupant for damages. EASEMENT OR SERVITUDE -A real right constituted in anothers property, corporeal and immovable, by virtue of which the owner of the same has t abstain from doing or to allow somebody else to do something in his property for the benefit of another thing or person.

LIMITATIONS ON OWNERSHIP
Ownership is not an absolute right. It is subject to limitations such as: Restrictions imposed by law The exercise of the inherent powers of the State Rights of others Limitations imposed by the owner himself INHERENT POWERS OF THE STATE 1) Police Power -General purpose: To secure the general welfare, comfort and convenience -Property condemned is noxious or intended for a noxious purpose -Confiscation is not compensable

2) Eminent Domain -Enables the State to forcibly acquire private lands intended for public use and upon payment of just compensation GR: If the owner is willing to sell, no need to expropriate. An ordinary deed of sale may be agreed upon by the parties EXPN: If the owner is unwilling to sell, or cannot accept the price or other conditions offered by the vendee, power of eminent domain will come into play to assert the paramount authority of the State. The welfare of the people is the supreme law. 3) Taxation -Power of the govt to raise revenue in order to support its existence and carry out legitimate objectives -The power to tax includes the power to destroy.

ART 432 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. STATE OF NECESSITY -Interference by a third person with anothers property is justified and cannot be prevented by the latter if such interference is necessary to avert an imminent danger and the threatened damage is much greater than that of the damage that the owner might suffer from such interference. State of necessity is a justifying circumstance; hence, the accused is not criminally liable. Civil liability is borne by the person/persons benefited by the act of the accused. Requisites: PNGN 1) Situation of grave peril, an actual or imminent danger, either upon the person of the actor or a third person or their property; 2) The interference is necessary to avert such danger 3) The threatened damage is much greater than that of the damage that the owner might suffer from such interference 4) The state of necessity must not be brought about by the intentional provocation of the party invoking the same

Defense against danger State of necessity Danger comes from Anothers property is anothers property used to avert danger not arising from it No obligation to indemnify The owner is entitled to the owner if the latter is indemnity the one responsible for the danger Self-Help State of necessity Who has the Invoked by the Invoked by power to owner or lawful another person invoke? possessor against someone elses property Purpose To prevent other To avert an persons from imminent danger interfering with to himself or to his property another person or to their property The two doctrines cannot be successfully invoked simultaneously. If the application of one doctrine is right, it follows that the other party cannot rightfully invoke the other doctrine.