2013 Bar Reviewer in Property

2013 BAR REVIEWER IN PROPERTY By: ATTY. ENRIQUE V. DELA CRUZ, JR.
PROPERTY
By: Atty. Enrique V. dela Cruz, Jr.1 .
Property - Anything which is or may be the ob ect o! a""ro"riation (Art 1 , NCC!.
in such a manner as to !orm an integral "art thereo!. ,Art. 1,, -.r#.133, CC Real "y *EST&NAT&ON - those which are "laced in an immo$able !or the use, e:"loitation or "er!ection o! such immo$able. ,Art. 1,, -.r#. 34,5, CC! Real "y ANA)O0Y - those which are considered immo$able by o"eration o! law. ,Art. 1,, -.r. 10, CC!
Classification of Things: (CAN)

#. R"# C$%%&'"# - those that belong to e$erybody. %. R"# A()*&+&# - those that are owned by a "erson or a grou" o! "erson. &. R"# N&(()&# - those which do not ha$e any owner.
Types of &!!o1a"le Property ,Art. 1,, CC1 )an+2 ",il+ings2 roa+s an+ constr,ctions of all 3in+s a+here+ to soil /and is immo$able by its $ery nature. 1owe$er, a sho$e!ul o! land should be considered as "ersonal "ro"erty because it no longer adheres to the soil. Buildings are considered immo$able "ro$ided they are more or less o! a "ermanent structure substantially adhering to the land and not mere su"erim"ositions on the land li9e 6.r$'736.r$'7 or ;uonset !i:tures. A dismantled house and<or materials o! such house should be regarded as "ersonal "ro"erty. ,B)#*"r. "t .(. 8#. T"'"9. "t .(., N$8. 25, 15:2# Trees2 plants2 an+ gro$ing fr,its2 $hile they are attache+ to the lan+ or for! an integral part of an i!!o1a"le 2rees are considered as real "ro"erty, by nature i! they are the s"ontaneous "roducts o! the soil, and by incor"oration i! they were "lanted through labor. 2rees detached or u"rooted !rom the land are considered as "ersonal "ro"erty. )n case o! u"rooted timber in a timber land, the u"rooted timber is still considered as real "ro"erty because it still !orms an integral "art o! the timber land which is an immo$able. 5rowing cro"s, by e:"ress codal "ro$ision, are considered as real "ro"erty. 1owe$er, under the Chattel *ortgage /aw, growing cro"s may be considered as "ersonal "ro"erty. . E1erything attache+ to an i!!o1a"le in a fi4e+ !anner2 in s,ch a $ay that it cannot "e separate+ therefro! $itho,t
Characteristics of Property: (USA)

#. 'tility %. (ubstanti$ity or indi$iduality &. A""ro"riability
Classification of Property:
1 # As A. B. As A. B. to !o"ility )mmo$able or real "ro"erty *o$able or "ersonal "ro"erty to o$nership +ro"erty o! "ublic dominion +ro"erty o! "ri$ate ownershi"
Classification as to %o"ility
A &%%O'A()E PROPERT&ES (N&*A) Classification: 1 #
1
Real "y NATURE - those which cannot be mo$ed !rom "lace to "lace. ,Art. 1,, -.r#. 1 .'/ 0, CCReal "y &NCORPORAT&ON - those which are attached to an immo$able
Atty. .ela Cruz is an *C/E lecturer and a Bar 0e$iewer. 1e teaches law at '(2, 3E'-./(' and the Bulacan (tate 'ni$ersity. 1e obtained his %aster of )a$s (1)t2 D)#t)'*t)$'! !rom the /ondon *etro"olitan 'ni$ersity, and a Postgra+,ate *iplo!a in &nternational Tra+e )a$ !rom the 'ni$ersity College /ondon ,'C/-, '.4., both as a Che$ening scholar o! the British go$ernment. 1e com"leted a Postgra+,ate -ello$ship on /eadershi" and )nternational 0elations !rom the John 3. 4ennedy (chool o! 5o$ernment, 1ar$ard 'ni$ersity, '(A. 1e also holds a %asters in P,"lic %anage!ent degree !rom the Ateneo (chool o! 5o$ernment. 1e obtained his (achelor of )a$s degree (1)t2 2$'$r#! and an A( )egal %anage!ent degree (*&% (.&/"! !rom the 'ni$ersity o! (anto 2omas as a 0ector6s (cholar. 1e was recently elected as Board *ember o! the %nd .istrict o! Bulacan. 1e is also a +artner at the +once Enrile 0eyes 7 *analastas ,+ECABA0- /aw 8!!ice based in *a9ati City.
"rea3ing the !aterial or +eterioration of the o"5ect 3or the incor"orated thing to be considered as immo$able "ro"erty, the in ury or brea9age or deterioration in case o! se"aration must be substantial. / Stat,es2 reliefs2 painting or other o"5ects for ,se or orna!entation2 place+ in ",il+ings or lan+s "y the o$ner of the i!!o1a"le in s,ch a !anner that it re1eals the intention to attach the! per!anently to the tene!ents
: -ertili;er act,ally ,se+ on a piece of lan+ < %ines2 6,arries an+ slag +,!ps2 $hile the !atter thereof for!s part of the "e+2 an+ $aters either r,nning or stagnant *ines, including the minerals therein are immo$able "ro"erty. But when the minerals are e:tracted, the latter becomes mo$able "ro"erty. = *oc3s an+ str,ct,res2 $hich2 tho,gh floating2 are inten+e+ "y their nat,re an+ o"5ect to re!ain at a fi4e+ place on a ri1er2 la3e2 or coast Vessels are considered as "ersonal "ro"erty. 1owe$er, they "arta9e to a certain e:tent o! the nature and conditions o! immo$able "ro"erty because o! their $alue and im"ortance in the world o! commerce. 1> Contracts for p,"lic $or3s2 ser1it,+es an+ other real rights o1er i!!o1a"le property ( %O'A()E PROPERT&ES #. 2hose mo$ables susce"tible o! a""ro"riation which are not included in Art. >#?. %. 0eal "ro"erty which by any s"ecial "ro$ision o! law is considered "ersonalty. &. 3orces o! nature which are brought under control by science. >. )n general, all things which can be trans"orted !rom "lace to "lace without im"airment o! the real "ro"erty to which they are !i:ed. ,Art. 1:, CC?. 8bligations and actions which ha$e !or their ob ect mo$ables or demandable sums, and @. (hares o! stoc9 o! agricultural, commercial and industrial entities, although they may ha$e real estate. ,Art. 14, CC-
Re6,isites
a. +laced by the owner or by an agent o! the owner o! the land or immo$able= b. )t is attached in such a manner that it re$eals an intention to attach it "ermanently. 7 %achinery2 receptacles2 instr,!ents or i!ple!ents inten+e+ "y the o$ner of tene!ent for an in+,stry or $or3 $hich !ay "e carrie+ on in a ",il+ing or on a piece of lan+2 an+ $hich ten+ +irectly to !eet the nee+s of sai+ in+,stry or $or3s
Re6,isites
a. 2he "lacing must be made by the owner o! the tenement, his agent, or duly authorized re"resentati$e. b. 2he industry or wor9s must be carried on in the building or land. c. 2he machines must tend directly to meet the needs o! said industry or wor9s. d. 2he machines must be essential and "rinci"al elements in the industry, and not merely incidental. 8 Ani!al ho,ses2 pigeon ho,ses2 "eehi1es2 fishpon+s or "ree+ing places of si!ilar nat,re2 in case their o$ner has place+ the! $ith intention to ha1e the! per!anently attache+ to the lan+2 an+ for!ing per!anent part of it9 ani!als in these places are incl,+e+
Re6,isites
a. 2he structure is "laced by the owner= and b. 2he installation must be with the intention to ha$e them "ermanently attached to the land and !orming a "ermanent "art o! it.
Classification as to O$nership
A PROPERTY O- PU()&C *O%&N&ON P,"lic +o!inion A the (tate has control and administration !or the collecti$e en oyment o! "eo"le.
?in+s
1 for p,"lic ,se )t may be used by anybody. # for p,"lic ser1ice )t may be used only by authorized "ersons. Bot !or general use but !or some state !unction. 8nly the state may own "ro"erty !or "ublic ser$ice. . for the +e1elop!ent of the national $ealth
All "ro"erties belonging to "ri$ate "ersons and those belonging to the (tate and any o! its "olitical subdi$isions which are "atrimonial in nature. ,Art. 2,, CC-
OANERSB&P (1544 B.r!

)t is the inde"endent and general right o! a "erson to control a thing "articularly in its "ossession, en oyment, dis"osition, and reco$ery, sub ect to no restrictions e:ce"t those im"osed by the (tate or by "ri$ate "ersons, without "re udice to the "ro$isions o! law. Rights of an O$ner (CUP-REE*) #. 0ight to consume or destroy or abuse %. 0ight to possess &. 0ight to ,se >. 0ight to reco$er or $indicate ?. 0ight to en oy @. 0ight to the fruits C. 0ight to encumber or alienate D. 0ight to +is"ose
Characteristics of Properties of P,"lic *o!inion (C@'A@P) #. 8utside the commerce o! man %. Cannot be acquired by prescri"tion. &. Cannot be a""ro"riated >. Cannot be sub ect matter o! contracts hence cannot be alienated ?. Cannot be sub ect to attachment or e:ecution @. Cannot be burdened by 1oluntary easement. C. Cannot be registered under the /and 0egistration /aw and be the sub ect o! a 2orrens 2itle. ( PR&'ATE OANERSB&P & Patri!onial property of the state 2hose which is not a "art o! the "ublic dominion +ro"erty o! "ublic dominion, when no longer intended !or "ublic use or !or "ublic ser$ice, shall !orm "art o! the "atrimonial "ro"erty o! the (tate. Can be alienated only be an authority o! law ,legislature&& Property of )0Us a Property for p,"lic ,se Consist o! the "ro$incial roads, city streets, munici"al streets, the squares, !ountains, "ublic waters, "romenades, and "ublic wor9s !or "ublic wor9s "aid !or by said "ro$inces, cities or munici"alities. ,Art. 2 , CC" Patri!onial property All other "ro"erty "ossessed by "ro$inces, cities and munici"alities without "re udice to the "ro$isions o! s"ecial laws. ,Art. 2 , CC&&& Property of Pri1ate o$nership
)i!itations ,pon the right of o$nership

(1544 B.r! #. 5eneral limitations im"osed by the (tate !or its bene!it a. "ower o! eminent domain b. "olice "ower c. "ower o! ta:ation %. ("eci!ic limitation im"osed by law ()E* PER&)) a. easements relating to waters b. right o! way c. "arty wall d. light and $iew e. drainage !. intermediate distances g. easement against nuisance h. lateral and sub acent su""ort &. /imitations im"osed by the "arty transmitting the "ro"erty either by contract or by will, >. /imitations im"osed by the owner himsel!, such as $oluntary ser$itudes, mortgages, "ledges, and lease rights, and ?. )nherent limitations arising !rom con!lict with other rights, such as those caused by contiguity o! "ro"erty.
Re!e+ies for Reco1ery of Property

#. +ersonal +ro"erty
Reple1in A an action or "ro$isional remedy where the com"lainant "rays !or the reco$ery o! the "ossession o! "ersonal "ro"erty. ,( "*. 1, R&(" :0, R&("# $; C$&rt%. 0eal +ro"erty Accion &nter+ictal action !or the reco$ery o! the material or "hysical "ossession and must be brought in the *2C within # year !rom the date o! the !orcible entry or unlaw!ul "ossession. 2he issue in$ol$ed is "ossession de !acto, not "ossession de ure or ownershi".
?in+s
i. -orci"le entry A a summary action to reco$er material or "hysical "ossession when a "erson originally in "ossession was de"ri$ed thereo! by !orce, intimidation, strategy, threat or stealth. ,<"*. 1, R&(" 40, R&("# $; C$&rtUnla$f,l +etainer A an action that must be brought when "ossession by a landlord, $endor, $endee, or other "erson o! any land is being unlaw!ully withheld a!ter the e:"iration or termination o! the right to hold "ossession by $irtue o! any contract, e:"ress or im"lied. UN)AA-U) *ETA&NER +ossession is law!ul in the beginning but becomes illegal !rom the time de!endant unlaw!ully withholds "ossession a!ter the termination o! his right thereto. 8ne year "eriod is counted !rom the date o! last demand or last letter o! demand. +lainti!! need not ha$e been in "rior "hysical "ossession.
"eriod !or the termination o! the lease, the lease ends automatically without need o! any demand= hence the one year demand is counted !rom the e:"iration o! the "eriod. %. )! the reason !or the e ectment is non-"ayment o! rent or non!ul!illment o! the conditions o! the lease, the one year "eriod is counted !rom the date o! demand to $acate.
Accion Publiciana )t is a "lenary action !or the reco$ery o! the right to "ossess, and must be brought within a "eriod o! ten ,#Eyears. Fhat is in$ol$ed is not "ossession de !acto but "ossession de ure.
ii.
-ORC&()E ENTRY +ossession o! the de!endant is unlaw!ul !rom the beginning as he acquires "ossession by !orce, intimidation, strategy, threat or stealth. 8ne year "eriod is counted !rom the dis"ossession or on the date o! actual entry. +lainti!! must "ro$e that he was in "rior "hysical "ossession o! the "remises until he was unlaw!ully de"ri$ed thereo! by the de!endant. Bo "re$ious demand !or the de!endant to $acate necessary.
?in+s
i. 2hat where the entry was not obtained through !orce, intimidations, stealth, threat or strategy. 2his action can be brought as soon as dis"ossession ta9es "lace without waiting !or the la"se o! one year. 2hat where the one year "eriod !or bringing !orcible entry or unlaw!ul detainer has already e:"ired.
ii.
Accion rei1in+icatoria )t is an action to reco$er ownershi" o$er real "ro"erty. 2he action must be brought in the 0egional 2rial Court where the real "ro"erty is located. +rescri"ti$e "eriod: #E or &E years de"ending on the e:istence o! good !aith or bad !aith.
.emand urisdictional.
is
Re6,isites
#. )dentity o! the "ro"erty= %. (trength o! "lainti!!6s title. ,Art. CC3 ,
NOTE: #. )! there is a !i:ed
*octrine of selfChelp ,Art.
25, CC2he owner or law!ul "ossessor o! a thing has the right to e:clude any "erson !rom the en oyment and dis"osal thereo!. 3or this "ur"ose, he may use such !orce as may be reasonably necessary to re"el or "re$ent an actual or threatened unlaw!ul "hysical in$asion or usur"ation o! his "ro"erty.
S,rface Rights
2he owner o! a "arcel o! land is the owner o! its sur!ace and e$erything under it. ,Art. 34, CC-
Restrictions on S,rface Right:

#. %. &. >. (er$itudes or easements= ("ecial laws A li9e *ining /aw= 8rdinances= 0easonable requirements o! aerial na$igation= ?. 0egalian .octrine A the doctrine which reser$es to the (tate all natural wealth that may be !ound in the bowels o! the earth, e$en i! located in "ri$ate lands.
Re6,isites
a. +erson who em"loys !orce or $iolence must be the owner or law!ul "ossessor= b. 2hat "erson must be in actual "ossession= c. 2here must be actual or imminent aggression which is unlaw!ul= d. 8nly reasonable !orce is em"loyed= and e. Bo delay in one6s e:ercise.
B&**EN TREASURE
Sic utere tuo ut alienum non laedas

2he owner may use the "ro"erty only in such a manner that it does not in ure others. ,Art. 31, CC-
Any hidden and un9nown de"osit o! mone, ewelry or other "recious ob ects, the law!ul ownershi" o! which does not a""ear. ,Art. 35, CC-
Re6,isites of Bi++en Treas,re (B'O)

#. Bidden or un9nown de"osit %. 8! 1aluable ob ects &. 2he law!ul owner being un9nown
*octrine of State of Necessity ,Art. 32-
R,les
#. 1idden treasure belongs to the owner o! the land on which it is !ound. %. )! the disco$ery is made in the land o! another, or o! the (tate or any o! its subdi$isions, one-hal! shall be gi$en to the !inder. &. )! the disco$ery is by chance, one-hal! shall be gi$en to the !inder. >. )! the !inder is a tres"asser, he shall not be entitled to any share in the treasure. ?. )! the things !ound be o! interest to science or arts, the (tate may acquire them at their ust "rice. ,Art. 30, CC@. )! the !inder or owner is married, his share belongs to the con ugal "artnershi". C. )! the !inder is a laborer hired to loo9 !or hidden treasure: 1e is entitled to his wage or salary only.
2he owner o! a thing has no right to "rohibit the inter!erence o! another with the same, i! the inter!erence is necessary to a$ert an imminent danger and the threatened damage, com"ared to the damage arising to the owner !rom the owner !rom the inter!erence, is much greater.
Re6,isites
a. 2he inter!erence must be necessary to a$ert imminent danger= b. 2he threatened damage must be greater than the damage caused to the owner o! the thing= c. 8nly such inter!erence as is necessary shall be made in order to a$ert the damage. 0eneral R,le: Com"ensation demanded by the "ro"erty owner. may be
E4ception: Bo com"ensation i! the in ury is: Caused by the "ro"erty owner, and 2he "erson who inter$ened was not at !ault.
ACCESS&ON
)t is the right by $irtue o! which the owner o! a thing becomes the owner to e$erything which is "roduced thereby, or
incor"orated or attached thereto, naturally or arti!icially. (Art. 0, CC.!
either
iii. i$. $. $i.
Classification of Accession 1 Accession Discreta
2he right "ertaining to the owner o! a thing o$er e$erything which is "roduced thereby. a Nat,ral fr,its ("ontaneous "roducts o! the soil, and the young and other "roducts o! animals.,Art.
2, CC-
1e who is in good !aith may be held res"onsible but he should not be "enalized. 1e who is in bad !aith must be "enalized. Bo one should enrich himsel! un ustly at the e:"ense o! another. Bad !aith o! one "arty neutralizes the bad !aith o! the other so both should be considered in good !aith. ,P.r.#, Pr$-"rty, V$(. II, 2002 "/., -. 210-
A Aith regar+ to &!!o1a"le property #. Accession industrial, or that which ta9es "lace in case o!: ,B+(a. building, b. "lanting, c. sowing. ,Arts. >>? A >??, CC%. Accession natural, which may be in the !orm o! either: a. Alu$ium= b. A$ulsion= c. Change o! ri$er course= d. 3ormation o! islands ( Aith regar+ to %o1a"le Property #. Ad unction or con ucnction= %. Commi:tion or con!usion= &. ("eci!ication.
=Pr.t&# <">&)t$r V"'tr"%? A the o!!s"ring !ollows the dam A or mother. 2his "rinci"le a""lies when the male and !emale animals belong to di!!erent owners and "roduce an o!!s"ring. 1owe$er, this "rinci"le will not a""ly i! the "arties sti"ulate otherwise. " &n+,strial fr,its 2hose "roduced by lands o! any 9ind through culti$ation or labor. ,Art. 2, CCc Ci1il fr,its 0ents o! buildings, the "rice o! leases o! lands and other "ro"erty and the amount o! "er"etual or li!e annuities or other similar income ,Art. >>%, CC-. (toc9 di$idends are ci$il !ruits being sur"lus "ro!it. 0ENERA) RU)E: 2he owner o! the land owns the !ruits. EDCEPT&ONS: (U)APP) a. possessor in good !aith o! the land= b. ,su!ructuary c. lesee ,gets the !ruits o! the land-= d. antichresis ,the antichretic creditor gets the !ruitse. pledge # Accession Continua 2he right "ertaining to the owner o! a thing o$er e$erything which is incor"orated or attached thereto, either naturally or arti!icially. (asic Principles: i. ii. Accessory !ollows the "rinci"al. 2he union or incor"oration must, with certain e:ce"tions, be e!!ected in such a manner that to se"arate the "rinci"al and the accessory would result in substantial in ury to either.
RU)ES on ACCESS&ON CONT&NUA

& ACCESS&ON &N*USTR&A) Rights an+ O"ligations of the )an+o$ner ()O)2 O$ner of %aterials (%O)2 an+ (,il+er2 Planter2 So$er ((PS) A. /andowner ,/8- constructs or "lants on his land with the materials o! another
Rights of )O )O in 0an+ %aterial o$ner in 0#. right o! a""ro"riation a!ter "ayment o! indemnity, e:ce"t when the material owner had chosen he limited right o! remo$al #. 0ight o! a""ro"riation a!ter "ayment o! indemnity G "ay damages in 0)n 53 Rights of O$ner of %aterial #. 0ight o! reimbursement %. /imited right o! remo$al i! no in ury to the wor9 constructed, or without "lantings or construction being destroyed #. 0ight o! reimbursement G damages, or %. Absolute right o! remo$al "lus damages. )n 53
)O in (an+ %aterial O$ner
%aterial
O$ner in (-
#. 0ight to acquire the im"ro$ements without "aying reimbursement, and %. 0ight to demand damages )n B3 (ame as though acted in good !aith
#. 3or!eits the material G "ay damages %. 0ight to reimbursement !or necessary e:"enses o! "reser$ation o! the land )n B3 (ame as though acted in good !aith
(,il+er2 planter2 so$er ((PS) ",il+s2 plants or so$s on anotherEs lan+ ,sing his o$n !aterials
)O #. 0ight o! a""ro"riation a!ter "ayment o! indemnity, or %. 0ight to com"el B+ to "ay the "rice o! land and (, the "ro"er rent E4ception: Value o! the land is greater than the $alue o! the building or "lanting. 1ence, !orced lease is the remedy, the term o! which is as "er agreement o! the "arties. )n case o! disagreement, the court shall !i: the terms thereo! 8bligations: #. *ust "ay !or necessary e:"enses !or "reser$ation %. +ay B+( e:"enses made by &rd "ersons in the "roduction, gathering and "reser$ation o! the !ruits, when a""ro"riate ,Art >>&&. +ay damages )n 53 #. A""ro"riate the wor9 without "ayment G (PS 0ights or obligations de"end on /86s choice, either to recei$e "ayment or to buy the land<"ay rentals
damages, or %. .emand the remo$al at B+( e:"ense G damages &. Com"el the B+ to buy the land, regardless o! the $alue o! the land or ( t "ay the rent 8bligations are the same as abo$e )n B3 (ame as though acted in good !aith
o! necessary e:"enses !or the "reser$ation o! land
)n B3 (ame as though acted in good !aith
)O in 0- an+ (PS in 0-
&& ACCESS&ON NATURA) a All,1ionFall,1i,! 2o the owners o! the land ad oining the ban9s o! ri$ers belongs the accretion which they gradually recei$e !rom the e!!ects o! the currents o! the waters ,Art. ,4, CC-
Re6,isites
#. 2he accumulation o! soil is gradual and im"erce"tible. %. )t is the result o! the action o! the water o! the ri$er. &. 2he land where the accretion tales "lace is ad acent to the ban9 o! the ri$er. >. 2he soil de"osits are com"arati$ely little. ?. 2he ri$er must continue to e:ist Reasons $hy All,1i,! is grante+ to the riparian o$ner:
#. 0ight o! remo$al G damages, or %. 0ight o! reimbursement G damages, and in either case, &. 0ight o! retention until "aid
)O is in (-2 (PS in 0-
#. 2o com"ensate him !or the loss he may su!!er due to erosion or the destructi$e !orce o! the water and danger !rom !loods. %. 2o com"ensate him because his "ro"erty is sub ect to encumbrances and legal easements= &. 2he ri"arian owner is the best "erson who can culti$ate the land= >. (ince it cannot be said with certainty !rom whom the soil came !rom, it may ust as well be gi$en to the ri"arian owner. NOTES:
(PS in (-
3or!eits the material G "ay damages 0ight o! reimbursement
8"erates i"so ure. 1owe$er, the additional area is not co$ered by a 2orrens title since it is not included therein. (o, the ri"arian owner must register the additional area.
A sudden and !orce!ul action li9e that o! the !looding is not the allu$ial "rocess contem"lated by Article >?C and the rationale !or this rule is to "ro$ide com"ensation to the landowners who are continually e:"osed with the destructi$e !orce o! water and sub ected to $arious easements. Allu$ion must be the e:clusi$e wor9 o! nature. " A1,lsion 2he accretion which ta9es "lace whene$er the current o! a ri$er, la9e, cree9 or torrent segregates !rom an estate on its ban9 a 9nown "ortion o! land and trans!ers it to another estate. ,Art. ,5, CC-=
>. 2he ri$er bed must be abandoned by the go$ernment. ?. 2he ri$er must continue to e:ist. NOTES: Fhen a ri$er or stream suddenly changes its course to tra$erse "ri$ate lands, the owners o! the a!!ected lands may not com"el the go$ernment !rom ta9ing ste"s to re$ert the ri$er or stream to its !ormer course. 2he owners o! the lands thus a!!ected are not entitled to any com"ensation !or any damage sustained thereby. 1owe$er, the !ormer owners o! the new bed shall be the owners o! the abandoned bed in "ro"ortion to the area lost by each. 2he owners o! the a!!ected lands may underta9e to return the ri$er or stream to its old bed at their own e:"ense= +ro$ided, that a "ermit there!ore is secured !rom the *inister o! +ublic For9s and wor9s "ertaining thereto are commenced within two years !rom the change in the course o! the ri$er or stream. (Art. ,0, P.D. N$. 10:4! + -or!ation of islan+s
Re6,isites (CS&)
a. 2he segregation and trans!er must be caused by the current o! a ri$er, cree9 or torrent= b. 2he segregation and trans!er o! soil is sudden and abru"t= and c. 2he "ortion segregated can be identi!ied. NOTES: 2he owner has u" to % years to reco$er the "ortion o! land segregated. 3ailure to do so would ha$e the e!!ect o! automatically trans!erring ownershi" o$er it to the owner o! the other estate. )n case o! u"rooted trees, the owner o! the land !rom where they came !rom should *(.)% the trees within @ months. 1owe$er, r"*$8"ry can be done within > years, the "eriod allowed to reco$er mo$ables. ,Art. :0, CCA))U'&U% .e"osit o! soil is gradual and im"erce"tible (oil cannot be identi!ied Belongs to the owner o! the "ro"erty to which it is attached. A'U)S&ON (udden or abru"t "rocess may be seen (oil is identi!iable Belongs to the owner !rom whose "ro"erty it was detached.
R,les
#. 3ormed on the sea a. Fithin +hilli"ine waters A owned by the (tate. b. 8utside +hili""ine waters A owned by the !irst occu"ant. %. 3ormed in na$igable<!loatable ri$ers A owned by the (tate &. 3ormed on non-na$igable<non!loatable ri$ers a. )! BEA0E0 in margin to one ban9, the owner o! nearer margin is (8/E owner. ,Art. :,, CCb. )! E;').)(2AB2, the islands shall be di$ided longitudinally in hal$es, each ban9 getting hal!. ,Art. :,, CCNOTES: A ri$er is na$igable i! use!ul !or !loatage and commerce, whether the tides a!!ect the water or not. Fhene$er the current o! the ri$er di$ides itsel! into branches, lea$ing a "iece o! land or "art thereo! isolated, the owner o! the land retains his ownershi". 1e also retains it i! a "ortion o! land is se"arated !rom the estate by the current. ,Art. :3, CCReason for preference to o$ner of NEARER !argin: the nearer margin has better chances o! de$elo"ing the island.
c Change of ri1er co,rse 2a9es "lace when a ri$er bed is abandoned through natural change in the natural course o! the waters ,Art. >@#, CC-=
Re6,isites (PANES)
#. 2he change in the ri$er course must be sudden= %. 2he change must be "ermanent= &. 2he change must be natural
( Aith respect to !o1a"le property 1 A+5,nction or Con5,nction )t is the "rocess by $irtue o! which two mo$ables belonging to di!!erent owners are united in such a way that they !orm a single ob ect (Art. ::, CC!. Ad unction may be done in good !aith and in bad !aith.
?in+s of A+5,nction
a. b. c. d. e. inclusion soldering escritura ,writing"intura ,"aintingwea$ing
)! +8 acted in 53, and A8 in B3
#. A""ro"riate s the thing. %. Entitled to damages !rom A8
Re6,isites
#. two things must belong to di!!erent owners= %. they !orm a single ob ect.
the thing EHCE+2, when the accessory is more $aluable than the "rinci"al, the A8 may demand se"aration though there may be damage #. /oses the thing incor"ora ted %. )ndemni!y +8 !or damages
Tests to *eter!ine the Principal or Accessory: ,Art. :4.'/ :0, NCC#. 2hat to which the other has been united as an ornament, or !or its use or "er!ection ,test of importance or purpose%. that o! greater $alue ,test of value&. i! they are o! equal $alue, that o! the greater $olume, ,test of volumeand >. )! not one o! these tests can be a""lied, then, the question will be resol$ed by ta9ing into consideration all "ertinent "ro$isions a""licable as well as their res"ecti$e merits, utility and $olumes. ,test of merits-
)! +8 acted in B3, and A8 acted in 53
Both acted in B3
A8 has the A8 may: o"tion to be #. .emand #. 0eimbursed $alue o! !or the $alue accessor o! accessory y "lus "lus damages damages, or , or %. (e"aration %. .emand o! the se"aratio accessory n e$en i! e$en i! "rinci"al "rinci"al is is destroyed destroye "lus d "lus damages. damages (ame as though both acted in 53
# Co!!i4tion or conf,sion
Special R,le:
)n "ainting and scul"ture, writings, "rinted matter, engra$ing and lithogra"hs, the board, metal, stone, can$ass, "a"er or "archment shall be deemed the accessory thing. ,Art. :0, -.r.2, NCC8wner o! "rinci"al ,+8)! owner o! the "rinci"al and owner o! accessor y acted in good !aith ,53A""ro"riates the thing a!ter "ayment o! $alue o! accessory in its uncontro$erted state. 8wner o! accessory ,A80ight to demand "ayment o! the $alue o! accessory, or 0ight to demand se"aration i! no in ury to
2he combination or union o! materials where the res"ecti$e identities o! the com"onent elements are lost. a. Co!!i4tion A i! solids are mi:ed. b. Conf,sion A i! liquids are mi:ed.
RU)ES
a. )! the mi:ture is caused by one owner in good !aith or by the will o! both owners, or by chance, or by a common agent A each owner acquiring an interest or right "ro"ortional to the $alue o! his material ,Co-ownershi" results.b. )! caused by the will o! one "arty in B3: a. he loses his material= and
c.
b. he is liable !or damages. )! both are in bad !aith, their res"ecti$e rights shall be determined as tough both acted in good !aith.
A -ro! the 1ie$point of s,"5ect !atter #. Co-ownershi" o! an undi$ided thing %. Co-ownershi" o! an undi$ided right ( -ro! the 1ie$point of so,rce #. Contractual co-ownershi" %. Bon-contractual co-ownershi" C -ro! the 1ie$point of the rights of coC o$ners #. 2enancy in common or coownershi" as contem"lated in Art. >D> %. Joint 2enancy or oint ownershi"
. Specification )t is the gi$ing o! a new !orm to the material o! another thru the a""lication o! labor. ,Art. 4 , CC-.
RU)ES
a. )! the wor9er ,"rinci"al- is in 53: #. he a""ro"riates the new thing= %. he must indemni!y !or the materials. EDCEPT&ON: )! the materials are more "recious than the new thing or is more $aluable, the owner o! the material has an o"tion: #. to get the new thing but he "ays !or the wor9= or %. to demand indemnity !or the material. b. )! the wor9er is in B3, the owner o! the material has an o"tion: #. 1e can a""ro"riate the wor9 without "aying !or the labor= or %. 1e can demand indemnity !or the material "lus damages. EDCEPT&ON: 2he o"tion o! a""ro"riation is not a$ailable i! the $alue o! the resultant wor9 is more $aluable !or scienti!ic or artistic reasons.
COCOANERSB&P
)t is the right o! common dominion which two or more "ersons ha$e in a s"iritual or ideal "art o! a thing which is not "hysically di$ided. )t is that state where an undi$ided thing or right belongs to di!!erent "ersons. ,Art. 0 , CCSo,rces of CoCo$nership #. %. &. >. ?. /aw Contract Chance 8ccu"ation (uccession
+isting,ishe+ fro! Goint Tenancy TENANCY &N GO&NT TENANCY CO%%ON or COCOANERSB&P )n$ol$es a "hysical )n$ol$es a "hysical whole but there is an whole but there is ).EA/ ,abstract- B8 ).EA/ di$ision= di$ision= each co- each and A// o! owner being the them own the owner o! his own F18/E thing. ideal share. Each co-owner may Each co-owner may dis"ose o! his ideal not dis"ose o! his or undi$ided share own share without without the other6s the consent o! all the consent. rest. )! a co-owner dies, )! a oint tenant dies, his share goes to his his share gores by own heirs. accretion to the other oint-tenants by $irtue o! their sur$i$orshi". )! a co-owner is a )! a oint-tenant is minor, his minority under a legal does not bene!it the disability, this other co-owners !or bene!its the others the "ur"ose o! and "rescri"tion will "rescri"tion. not run against them.
Tenancy in co!!on or CoCo$nership
Re6,isites of CoCo$nership (SOS)

#. +lurality o! sub ects %. 'nity o! the Ob ect= and &. 0ecognition o! the ideal or undi$ided shares o! the co-owners which determine their rights and obligations. ,2 T$("'t)'$, C)8)( C$/", -. 1 0-
Characteristics of CoCo$nership
#. 2here must be more than one owner. %. 2here is one "hysical whole di$ided into ideal shares. &. Each ideal share is de!inite in amount, but it is not "hysically segregated !rom the rest. >. 0egarding the "hysical whole, each co-owner must res"ect each other in
?in+s of CoCo$nership
10
the common use, en oyment or "reser$ation o! the "hysical whole ?. 0egarding the ideal share, each coowner holds almost absolute control o$er the same. @. 2he co-ownershi" does not ha$e uridical "ersonality. C. A co-owner is in a sense a trustee !or the other co-owners.
Co-owners may be two or more +ro!its are "ro"ortional to res"ecti$e interests .eath o! one does not e:tinguish the coownershi" 5enerally, all the coowners administer
Partnership COCOANERSB&P PARTNERSB&P *ay be created by Always created by law, contract, contract. succession, !ortuitous e$ent or occu"ancy. 2he "ur"ose is the 2he "ur"ose is to common en oyment obtain "ro!its. o! the thing or right owned in common. 1as no uridical 1as a uridical "ersonality which is "ersonality which is se"arate and distinct se"arate and distinct !rom that o! the co!rom the "artners. owners. An agreement not to Bo limitation u"on di$ide the community the duration o! "ro"erty !or more "artnershi"s. than #E years is not allowed by law. A co-owner has no A "artner has the "ower to re"resent "ower to re"resent the co-ownershi". the "artnershi". )! a co-owner )! a "artner trans!er trans!ers his share to his share to a third a third "erson, the "erson, the latter latter automatically does not become a becomes a co"artner, unless owner. agreed u"on by all o! the "artners. 2he di$ision o! the 2he di$ision o! "ro!its bene!its and charges and losses may be is !i:ed by law. sub ect to the agreement o! the "artners. 2he death o! a co2he death o! a owner has no e!!ect "artner shall result in u"on the e:istence o! the dissolution o! the the co-ownershi". "artner.
CoCo$nership +isting,ishe+ fro!
Con ugal owners are always only two +ro!its are generally ?E-?E unless a contrary sti"ulation is "ro$ided in the marriage settlement .eath o! either husband or wi!e dissol$es the con ugal "artnershi" 5enerally, the husband is the administrator
R,les an+ Principles

& Shares in (enefits an+ Charges 2he shares o! the co-owners in the bene!its and charges shall be "ro"ortional to their res"ecti$e interests. Any sti"ulation to the contrary shall be $oid. ,Art. 0,, CC- 2o do so would be contrary to the nature o! co-ownershi". && Right to Use Property O$ne+ in Co!!on Each co-owner may use the "ro"erty owned in common. ,Art 0:, CC-
)i!itations ,pon the right of a coCo$ner

to ,se the thing o$ne+ in co!!on #. 2he "ro"erty must be used in accordance with the "ur"ose intended. %. A co-owner may use the "ro"erty in such a way as not to in ure the interest o! the co-ownershi". &. A co-owner may use the "ro"erty in such a way as not to "re$ent the other co-owners !rom using it according to their rights. ,Art. 0,, CC&&& Action for E5ect!ent Any one o! the co-owners may bring an action !or e ectment. ,Art. 0:, CCE ecctment co$ers the !ollowing: !orcible entry, unlaw!ul detainer, .**)$' -&6()*).'., .**)$' r")8)'/)*.t$r)., quieting o! title, and re"le$in. &' E4penses for Preser1ation
Con5,gal Partnership COCOANERSB&P CONGU0A) PARTNERSB&P *ay arise by reason Arises only because o! an ordinary o! marriage contract 5ender o! the co8ne must be a male, owners is immaterial the other a !emale
CoCo$nership +isting,ishe+ fro!
11
Each co-owner shall ha$e a right to com"el the other co-owners to contribute to the e:"enses o! "reser$ation o! the thing owned in common and to the ta:es e$en i! incurred without "rior notice. , Art#. 003 05, CCA co-owner may e:em"t himsel! !rom this duty to reimburse by renouncing so much o! his undi$ided share as may be equi$alent to his share o! the e:"enses and ta:es. Bo wai$er shall be made i! it is "re udicial to the co-ownershi". E:"enses !or "reser$ation may be mate at the will o! one o! the co-owners. , Art. 05, CC' E4penses E!"ellish!ent for &!pro1e!ent or
%a5ority A those who re"resent the controlling interest in the ob ect o! the coownershi". (@)'.'*).( A.+$r)ty!
Acts of %anage!ent
E:"enses to im"ro$e or embellish the thing shall be decided u"on by a !inancial ma ority o! the co-owners. ,Art. 05, CC'& Alterations An alteration is a change: #. which is more or less "ermanent= %. which changes the use o! the thing= and &. which "re udices the condition o! the thing or its en oyment by the others. Alteration must be made with the consent o! A// the co-owners, whether bene!icial or not. &llegal alteration A i! made without the e:"ress or im"lied consent o! the other coowners.
#. 2hose that do not in$ol$e an alteration. %. 2hose that may be renewed !rom time to time. &. 2hose that do not ha$e transitory e!!ects, i.e., do not bind the coownershi" !or a long time in the !uture. >. 2hose that do not gi$e rise to a real right o$er the "ro"erty owned in common. ?. 2hose which, e$en i! called an alteration, do not a!!ect the substance or nature o! the thing. @. 2hose !or the common bene!it o! all the co-owners and not only !or only one or some o! them.
)i!itations on the Right of the -inancial

%a5ority #. 2here should !irst be a notice to the minority so that they can be heard. %. 2he ma ority would be usti!ied in "roceeding only when the urgency o! the case and the di!!iculty o! meeting with the minority render im"racticable the gi$ing o! such notice. &. 2he minority may A++EA/ to the court against the decision o! the ma ority when: a. there is no real ma ority= b. the resolution is seriously "re udicial to the rights o! a co-owner=,Art. 52, CCc. when the ma ority re!uses to correct abuse o! administration or maladministration= d. when the minority is made the $ictim o! !raud= e. when an alteration is agreed u"on, instead o! mere act o! administration.
Effects of an &llegal Alteration

#. 2he co-owner res"onsible may lose what he has s"ent. %. .emolition can be com"elled. &. 1e would be liable !or losses and damages. >. But, whate$er bene!its the coownershi" deri$es will belong to the co-ownershi". '& A+!inistration an+ (etter En5oy!ent of Property O$ne+ in Co!!on 3or the administration and better en oyment o! the "ro"erty owned in common, the resolutions o! the ma ority shall be binding.
N,!"er of CoCo$ners Aho %,st Consent a. 0e"airs, action !or e ectment A 8BE b. Alterations or Acts o! 8wnershi" A A// c. All others, li9e use!ul im"ro$ements, lu:urious embellishments, acts o! administration and better en oyment A 3)BABC)A/ *AJ80)2I '&& Right of CoCo$ner as to the &+eal Share
12
#. Each co-owner shall ha$e !ull ownershi" o! his "art and the !ruits and bene!its "ertaining thereto. ,Art. 53, CC%. 1e may alienate, assign or mortgage his ideal share, without "re udice to the e:ercise o! the other co-owners o! their right o! legal redem"tion. ,Art. 53, CC(uch alienation, assignment or mortgage shall be limited to the "ortion allotted to the co-owner in the di$ision u"on the termination o! the co-ownershi". ,Art. 53, CC&. 1e may substitute another "erson in its en oyment, e:ce"t when "ersonal rights are in$ol$ed. >. 1e may e:em"t himsel! in the "ayment o! the necessary e:"enses and ta:es by renouncing "art o! his interest in the co-ownershi". ,Art. 00, CC'&&& Partition Bo co-owner shall be obliged to remain in the co-ownershi". Each co-owner may demand at any time the "artition o! the thing owned in common, inso!ar as his share is concerned. ,Art. 5 , CC0ENERA) RU)E: .emandable as a matter o! right. EDCEPT&ONS: (U)AN*a. Fhen there is an agreement to 9ee" the thing undi$ided A must not go beyond #E years. b. Fhen "rohibited by the donor or testator A cannot e:ceed %E years. c. Fhen "rohibited by law. d. Fhen "artition renders the thing unser$iceable. e. Fhen the legal nature o! the thing does not allow "artition
NOTE: As a general rule, a co-owner cannot acquire the co-owned "ro"erty by "rescri"tion. 1owe$er, a co-owner can become the e:clusi$e owner o! the shares o! the other co-owners "ro$ided the !ollowing requirements are com"lied with: #. 1e clearly re"udiates the coownershi" and claims !ull ownershi" o! the thing= %. (uch act o! re"udiation is communicated to such coowners== &. 2he e$idence thereon is clear and conclusi$e= >. +ossession in the conce"t o! an owner ,"ublic, ad$erse, o"en, uninterru"ted-= ?. A!ter the la"se o! the period !i:ed by law. ,L.7&r. 8#. L"8.'t)'$, 41 P2)(. ,::-
POSSESS&ON
)t is the holding o! a thing or the en oyment o! a right, either by material occu"ation or by the !act o! sub ecting the thing or the right to our will. (Art. ,23, CC.!
Re6,isites of Possession
#. 2he cor"us or holding or material detention or en oyment o! a thing or right= and %. Animus -$##)/"'/) or intent to "ossess the thing or right. Possessor in goo+ faith A when the "ossessor is not aware that there e:ists a !law in his title or mode o! acquisition which in$alidates it. ,Art. ,2:,CC*ista9e u"on a doubt!ul or di!!icult question o! law may be the basis o! bad !aith. ,Art. ,2:, CC*egrees of Possession #. +ossession without any title whatsoe$er in $iolation o! the right o! the true owner= %. +ossession with uridical title, but not in the conce"t o! an owner= &. +ossession with ust title, or a title which is su!!icient to trans!er ownershi", but not !rom the true owner=
Ter!ination of coCo$nership
#. E:tra udicial +artition= %. Judicial +artition= &. *erger or consolidation o! ownershi" in one co-owner o! the thing= >. /oss or destruction o! the thing= ?. By e:"ro"riation= @. Fhen by "rescri"tion, one co-owner has acquired the whole "ro"erty be ad$erse "ossession= C. Fhen a stranger acquires by "rescri"tion the thing owned in common.
13
>. +ossession with ust title !rom the owner.
Classes of Possession
#. +ossession in one6s name or "ossession in the name o! another. %. +ossession in the conce"t o! an owner or "ossession in the conce"t o! a holder= and &. +ossession in good !aith or bad !aith :
)t is "resumed that the "resent "ossessor who was also the "ossessor at "re$ious time, has continued to be in "ossession during the inter$ening time, unless there is "roo! to the contrary. ,Art. 1130, -.r. 2, CCPossession of %o1a"les $ith Real Property 2he "ossession o! real "ro"erty "resumes that o! the mo$ables therein, so long as it is not shown or "ro$ed that they should be e:cluded. ,Art. , 2, CCE4cl,si1e Possession of Co!!on Property Each one o! the "artici"ants o! a thing "ossessed in common shall be e:clusi$ely "ossessed the "art which may be allotted to him u"on the di$ision thereo!, !or the entire "eriod during which the co"ossession lasted. ,Art. , 3, CC-
Pres,!ptions Regar+ing Possession

1 0oo+ -aith 5ood !aith is always "resumed and u"on him who alleges bad !aith on the "art o! the "ossessor rests the burden o! "roo!. ,Art. ,24, CC# Contin,ity Possession of Character of <
)t is "resumed that "ossession is en oyed in the same character in which it was acquired, until the contrary is "ro$ed. , Art. ,25, CC. NonCinterr,ption of possession 2he "ossession o! hereditary "ro"erty is deemed transmitted to the heir without interru"tion, and !rom the moment o! the death o! the decedent, in case the inheritance is acce"ted. ,Art. ,33, CC/ Pres,!ption of G,st Title A "ossessor in the conce"t o! an owner has in his !a$or the legal "resum"tion o! that he "ossesses with ust title, and he cannot be obliged to show or "ro$e it. , Art. , 1, CC7 NonCinterr,ption of Possession of Property Un5,stly )ost ",t )egally Reco1ere+ 8ne who reco$ers, according to law, "ossession un ustly lost, shall be deemed !or all "ur"oses which may redound to his bene!it, to ha$e en oyed it without interru"tion. ,Art. ,:1, CC8 Possession Perio+ *,ring &nter1ening
Ac6,isition of Possession
#. By the material occu"ation o! a thing or the e:ercise o! a right= %. By sub ection to our will= &. By constructi$e "ossession or "ro"er acts and legal !ormalities. ,Art. ,31, CC-
Possession OCCUPAT&ON POSSESS&ON )t is a mode o! Bot a mode o! acquiring ownershi" acquiring ownershi" 8ccu"ation when +ossession does not "ro"er, con!ers by itsel! gi$e rise to ownershi" ownershi" 8nly cor"oreal things Cor"oreal things and can be the ob ect o! incor"oreal things, occu"ation such as rights, can be the ob ect o! "ossession A "arcel o! land /and cannot be the cannot be the ob ect ob ect o! "ossession o! occu"ation 8ccu"ation can ta9e +ossession can re!er "lace only with to all 9inds o! res"ect to "ro"erty "ro"erty, whether without an owner. with or without an owner.
*isting,ish Occ,pation fro!
Possession cannot "e ac6,ire+
#. thru !orce or intimidation= ,Art. ,3:, CC%. thru tolerance or "ermission=
14
&. thru clandestine, secret "ossession or "ossession without 9nowledge.. ,Art. ,34, CC-
Possession as a -act
0eneral R,le: +ossession as a !act cannot be recognized at the same time in two di!!erent "ersonalities. E4ceptions: #. co-"ossessors= %. "ossession in di!!erent conce"ts or di!!erent degrees.
8rnamental e:"enses
R,les in case of Conflict of Possession

#. +resent "ossessor is "re!erred= %. )! both are in "ossession, the one longer in "ossession shall be "re!erred. &. )! "ossession started at the same time, the one with a title is "re!erred. >. )! both ha$e title, the court will determine. ,Art. ,30, CC-
NOTE: 2he winner in the action has the o"tion o! re!unding the amount o! e:"ense or o! "aying the increased $alue thereo!. Bo right o! re!und or retention, but can remo$e ornaments i! no substantial in ury is caused. NOTE: 8wner has an o"tion to: #. allow "ossessor to remo$e= or %. retain !or himsel! the ornaments by re!unding the amounts s"ent.
Bo right o! re!und or retention, but can remo$e ornaments i! no substantial in ury is caused. NOTE: 8wner has an o"tion to: #. allow "ossessor to remo$e= or %. retain !or himsel! the ornaments by re!unding the amount o! ornaments at the time the owner enters into "ossession.
Effects of Possession
#. right o! a "erson to be res"ected in his "ossession= %. "rotection in said right or restoration to said "ossession through legal means= &. 2he writ o! "reliminary mandatory in unction. Reasons for Re6,iring )egal %eans #. to "re$ent s"oliation or disregard o! "ublic order= %. to "re$ent de"ri$ation o! "ro"erty without due "rocess o! law= &. to "re$ent a law !rom ta9ing the law into his own hands. Rights an+ O"ligations as to Possession S,"5ect Possessor Possessor in in 0oo+ (a+ -aith faith 3ruits 2o the 2o the owner "ossessor Becessary 2o 2o "ossessor: e:"enses "ossessor= without the with right to right to retain retain the the thing thing until reimbursed 'se!ul 0eimburse Bo e:"enses d to reimbursemen "ossessor t with right o! retention
)m"ro$ement s by Bature or 2ime /iability !or /oss or .eterioration
+ertains to the owner or law!ul "ossessor Bot liable e:ce"t when it is "ro$ed that he acted with !raudulent intent or negligence.
+ertains to the owner or law!ul "ossessor /iable in all cases e$en i! caused by a !ortuitous e$ent.
)oss of Possession
a. 2hrough the "ossessor6s $oluntary will and intent #. Abandonment %. Assignment b. Against the "ossessor6s will
15
#. +ossession o! another !or more than one year %. 3inal Judgment in !a$or o! another with a better right &. E:"ro"riation >. +rescri"tion in !a$or o! another ?. 0eco$ery or rei$indication by the legitimate owner or "ossessor. c. Because o! the 8b ect #. .estruction or total loss o! the thing %. 5oing out o! commerce &. Esca"ing !rom "ossessor6s control o! wild animals. is the $oluntary
reco$er it !rom the "erson "ossession o! the same.
who
has
E4ceptions: (CBE%PJa. )! the "ossessor obtained the mo$able in 53 at a public sale, the owner cannot get it bac9 unless he reimburses the "ossessor= b. )! the owner is stoppe+= c. Court order= d. )! "urchased at a !erchant6s store= e. )! title is lost by prescri"tion= !. )! the "ossessor is the holder in due course o! a negotiable instrument
USU-RUCT
A"an+on!ent C renunciation o! a thing.
Re6,isites
#. 2he abandoner must ha$e been a "ossessor in the conce"t o! an owner. %. 2he abandoner must ha$e the ca"acity to renounce or to alienate. &. 2here must be a "hysical relinquishment o! the thing or ob ect. >. 2here must be no more #-"# r"*&-"r.'/) or e:"ectation to reco$er and no animus re$ertendi or intent to return or get bac9. Assign!ent C is the com"lete transmission o! ownershi" rights to another "erson, onerously or gratuitously. Possession for !ore than one year A this re!ers to "ossession de !acto where the "ossessor loses the right to summary action but= but he may still bring .**)$' -&6()*).'. or r")8)'/)*.t$r).. A thing is lost when it "erishes, goes out o! commerce or disa""ears in such a way that its e:istence is un9nown, or it cannot be reco$ered. ,Art. 1105, CC-
)t is a real right by $irtue o! which a "erson is gi$en a right to en oy the "ro"erty o! another with the obligation o! "reser$ing its !orm and substance, unless the title constituting it or the law "ro$ides otherwise. (Art. ,:2, CC.!
Characteristics of Us,fr,ct A Essential characteristics #. )t is a real right. %. )t is o! a tem"orary nature or duration. &. )ts "ur"ose is to en oy the bene!its and deri$e all ad$antages !rom the ob ect as a consequence o! normal use or e:"loitation.
B. Nat,ral characteristic - obligation o! "reser$ing the !orm and substance C. Acci+ental characteristics or ele!ent - those which are the sub ect o! sti"ulation ,e.g. the term o! the contractO"5ect of Us,fr,ct #. may be real or "ersonal "ro"erty= %. may be sterile or "roducti$e !ruits= &. may be created o$er a right, as long as it is not strictly "ersonal or intransmissible.
Possession of %o1a"les
Possession ac6,ire+: of !o1a"le property
Us,fr,ct an+ )ease *isting,ishe+

(asis as to EDTENT as to NATURE of the right USU-RUCT )EASE Co$ers all Co$ers only !ruits and use "articular use Always 0EA/ 0eal right only right i! lease is o$er real "ro"erty and it is registered !or
#. )n BA. !aith A ne$er equi$alent to title. %. )n 588. !aith 0eneral R,le: A "erson, who lost or has been unlaw!ully de"ri$ed o! a mo$able, may
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more than # year as to the Created only CREATOR of by owner the right /essor may or may not be the owner
as to OR&0&N Constituted Constituted by by law, by will contract o! "ri$ate "ersons in act inter $i$os or mortis causa, and by "rescri"tion as to REPA&RS 'su!ructuary res"onsible !or ordinary re"airs Bot res"onsible
a. 'su!ruct o$er rights A right must not be strictly "ersonal or intransmissible b. 'su!ruct o$er things i. Bormal or "er!ect usu!ruct A in$ol$es non-consumable things where the !orm and substance are "reser$ed. ii. Abnormal or im"er!ect usu!ruct A in$ol$es consumable "ro"erty. ?. As to terms and conditions a. +ure usu!ruct A no term or condition b. Fith a "eriod or a term i. "B /)" A !rom a certain day. ii. )' /)"% A u" to a certain day. iii. "B /)" )' /)"% A !rom a certain day u" to a certain day. c. Fith a condition
as to TADES 'su!ructuary res"onsible !or ta:es on the !ruit
Bot res"onsible
Classification of Us,fr,ct
1 As to origin a. /egal A created by law. b. Voluntary or Con$entional A created by will o! the "arties )'t"r 8)8$# or %$rt)# *.&#.. c. *i:ed or +rescri"ti$e A created by both law and act o! a "erson. As to 6,antity or e4tent of fr,its or o"5ect a. 3ruits A total or "artial ,de"ending on whether all the !ruits are gi$en or notb. 8b ect i. 'ni$ersal A o$er entire "atrimony. ii. (ingular or "articular Aonly indi$idual things. As to n,!"er of persons en5oying the right a. (im"le A i! only one usu!ructuary en oys. b. *ulti"le A i! se$eral usu!ructuaries en oy. i. (imultaneous ii. (uccessi$e As to 6,ality or 3in+ of o"5ects in1ol1e+
Rights of the Us,fr,ct,ary: (A-&RE@) #. 0ight to the !ruits %. 0ight to en oy any increase in the accession or any ser$itude &. 0ight to alienate the right o! usu!ruct >. 0ight to reco$er real "ro"erty or a real right, or mo$ables ?. 0ight to ma9e use!ul and ornamental e:"enses @. 0ight to reco$er the increase in $alue o! the "ro"erty due to indis"ensable re"airs made
O"ligations of the Us,fr,ct,ary 1 Co!!ence!ent of Us,fr,ct a. to ma9e an in$entory o! the "ro"erty= b. to gi$e necessary security or bond ,Art. ?D&, CC-.
Effect of fail,re to gi1e sec,rity

A. 2he owner may demand the !ollowing: #. that the immo$ables be "laced under administration= %. that the mo$ables be sold= &. that the "ublic bonds, instruments o! credit "ayable to order or bearer be con$erted into registered certi!icates or de"osited in a ban9 or "ublic institution= >. that the ca"ital and the "roceeds o! the sale o! the
17
mo$ables be in$ested in sa!e securities B. 2he owner may retain "ossession o! the "ro"erty as administrator until security is gi$en. C. 2o claim any matured credits !orming "art o! the usu!ruct, the usu!ructuary shall need the authorization o! the owner o! or the court. Ahen sec,rity or "on+ not re6,ire+: a. no one will be in ured b. wai$er c. usu!ructuary is the donor o! the "ro"erty d. in case o! usu!ruct by "arents e. in case o! caucion uratoria
Caucion juratoria
2he usu!ructuary, being unable to !ile the required bond or security, !iles a $eri!ied "etition in the "ro"er court as9ing !or the deli$ery o! the house and !urniture necessary !or himsel! and his !amily without any bond or security ,Art. ,04, CCNOTE: 2he same rule can be a""lied to the instruments or tools necessary !or an industry or $ocation which the usu!ructuary is engaged. # Pen+ency of Us,fr,ct (SATTOE) a. to ta9e care o! the "ro"erty as a good !ather o! a !amily= , Art. ,05, CCb. to ma9e ordinary re"airs on the "ro"erty= ,Art. ,52, CCc. to noti!y the owner in case the need !or e:traordinary re"airs on the "ro"erty is urgent= ,Art. ?K&, CCd. to "ay annual ta:es and those considered as liens on the !ruits= ,Art. ,5:, CCe. to noti!y the owner o! any act o! a &rd "erson that may be "re udicial to the right o! ownershi"= ,Art. :01, CC!. to "ay the e:"enses, cost and liabilities in suits with regard to the usu!ruct. ,Art. :02, CC. Ter!ination of Us,fr,ct a. to deli$er the thing to the owner= , Art. :12, CCb. to reimburse or indemni!y owner, in the "ro"er case.
#. by +eath o! the usu!ructuary E4ceptions: a. in case o! multi"le usu!ructs= ,Art. :11, CCb. in case there is a "eriod !i:ed c. in case the contrary intention clearly a""ears %. by the e:"iration o! the "eriod !or which it was constituted or the !ul!illment o! any resolutory condition &. by !erger o! the usu!ruct and ownershi" in the same "erson >. by renunciation o! the usu!ructuary ?. by the total loss o! the thing in usu!ruct @. by the termination o! the right o! the "erson constitution the usu!ruct C. by prescri"tion D. non-!ul!illment o! a mode im"osed on the usu!ructuary K. rescission or annulment o! the contract #E. legal ways o! e:tinguishing usu!ruct ##. mutual +issent #%. alienation to innocent "urchaser !or $alue
EASE%ENT or SER'&TU*E
)t is a real right constituted on another6s "ro"erty, cor"oreal and immo$able, by $irtue o! which the owner o! the same has to abstain !rom doing or to allow somebody else to do something on his "ro"erty !or the bene!it o! another thing or "erson.L (3 <.'*2"9 R$%.' ,42! )t is an encumbrance im"osed u"on an immo$able !or the bene!it o! another immo$able belonging to a di!!erent owner. ,155, B.r EB.%#2he immo$able in !a$or o! which the easement is established is called /$%)'.'t "#t.t"= that which is sub ect thereto, the #"r8)"'t "#t.t". (Art. :1 , CC.! Characteristics: #. 0eal right %. )m"osable u"on another6s "ro"erty &. Alienable >. A limitation or encumbrance on the ser$ient estate !or another6s bene!it ?. )nse"arable !rom the estate to which it belongs. @. )ndi$isible C. +er"etual D. A right that is limited by the needs o! the dominant owner or estate, without "ossession=
E4ting,ish!ent of the ,s,fr,ct: (%E)*

PTR N REA*)
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K. )t cannot consist in the doing o! an act unless the act is accessory in relation to the real easement.
C)ASSES O- EASE%ENT ,1550 B.r EB.%#A. As to reci"ient o! BEBE3)2 #. 0eal A !or the bene!it o! another immo$able belonging to a di!!erent owner, or %. +ersonal A !or the bene!it o! a community, or one or more "ersons to whom encumbered estate does not belong B. As to EHE0C)(E #. Continuous A those the use o! which is or may be incessant, without inter$ention o! any act o! man. %. .iscontinuous A used at inter$als and de"ends u"on the acts o! man. &. A""arent A made 9nown and are 9e"t in $iew by e:ternal signs that re$eal the use and en oyment o! the same. >. Bon-A""arent A shows no e:ternal indication o! their e:istence. C. As to (8'0CE #. /egal A established by law. %. Voluntary Aestablished by will o! the owners. .. As to the .'2I 83 21E (E0V)EB2 8FBE0 #. +ositi$e A the ser$ient owner must allow something to be done in his "ro"erty or does it himsel!. %. Begati$e A the ser$ient owner must re!rain !rom doing something which he could law!ully do i! the easement did not e:ist.
&. 2o renounce the easement i! he desires to e:em"t himsel! !rom contribution to necessary e:"enses= ,Art. :20, -.r. 1, CC>. 2o as9 !or mandatory in unction to "re$ent im"airment o! his use o! the easement.,R"#$(%" 8#. L.9$, 24 P2)(. 1:O"ligations: #. 1e cannot alter the easement or render it more burdensome= ,Art. :24, -.r. 1,CC%. 1e shall noti!y the ser$ient owner o! wor9s necessary !or the use and "reser$ation o! the ser$itude= , Art. :24, -.r 2,CC&. 1e must choose the most con$enient time and manner in ma9ing the necessary wor9s as to cause the least incon$enience to the ser$ient owner= ,Art. :24, -.r. 2,CC>. 1e must contribute to the necessary e:"enses i! there are se$eral dominant estates in "ro"ortion to the bene!its deri$ed !rom the wor9s. , Art. :20, -.r. 1,CC-
SER'&ENT OANER
Rights: #. 2o retain ownershi" o! the "ortion o! the estate on which the easement is established ( Art. :30! %. 2o ma9e use o! the easement ( Art. :20, -.r. 2!, unless there is an agreement to the contrary. &. 2o change the "lace or manner o! the use o! the easement, "ro$ided it be equally con$enient ( Art. :25, -.r. 2! O"ligations: #. 1e cannot im"air the use o! the easement (Art. :25, -.r. 1! %. 1e must contribute to the necessary e:"enses in case he uses the easement, unless there is an agreement to the contrary. ( Art. :20, -.r. 2!
%O*ES O- ACHU&R&N0 EASE%ENTS

a. )! continuous and a""arent A by title and by "rescri"tion ,#E yearsb. )! continuous and no-a""arentA by title c. )! discontinuous and a""arentA by title d. )! discontinuous and non-a""arent A by title
*O%&NANT OANER
Rights: #. 2o e:ercise all the rights necessary !or the use o! the easement= ,Art. :2,, CC%. 2o ma9e on the ser$ient estate all wor9s necessary !or the use and "reser$ation o! the ser$itude= , Art. :24, -.r. 1, CC -
R&0BT O- *O%&NANT OANER TO %A?E NECESSARY AOR?S 2he right granted by Article @%C is sub ect to the !ollowing conditions: #. 2he wor9s which shall be at his e:"ense- necessary !or the use and "reser$ation o! the ser$itude
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%. 2hey do not alter or render the ser$itude more burdensome &. 2he dominant owner, be!ore ma9ing the wor9s, must noti!y the ser$ient owner. >. .one at the most con$enient time and manner.
Ease!ent Relating to Aaters

). )). ))). )V. V. V). V)). natural drainage o! lands ,Art. :34natural drainage o! buildings ,Art. :4 easement on ri"arian ban9s !or na$igation, !loatage, !ishing, sal$age ,Art. :30easement o! a dam ,Art#. :35, : 4easement !or drawing water or !or watering animals ,Art#. : 03: 1easement o! aqueduct ,Art#. : 33 : :easement !or the construction o! a sto" loc9 or sluice gate ,Art. : 4-
%O*ES O- EDT&N0U&SB%ENT OEASE%ENTS #. *erger o! ownershi" o! the dominant and ser$ient estate= %. Bon-use !or #E years= a. .iscontinuous easement A !rom the time it ceased to be used. b. Continuous easement A !rom the day on which an act contrary to the same too9 "lace. &. Fhen either or both o! the estates !all into such condition that the easement cannot be used= >. E:"iration o! the term or the !ul!illment o! the condition= ?. 0enunciation o! the owner o! the dominant estate= @. 0edem"tion C. E:"ro"riation o! the ser$ient estate D. +ermanent im"ossibility to ma9e use o! the easement K. Annulment or cancellation o! the contract o! easement #E. 0egistration o! the ser$ient estate as !ree and without an encumbrance in the 2orrens (ystem in !a$or o! an innocent "urchaser !or $alue ##. Cessation o! necessity
Nat,ral *rainage of )an+s /ower estates are obliged to recei$e the waters which naturally and without the inter$ention o! man descend !rom higher estates, as well as the stones or earth which they carry with them. ,Art. :34,CC*,ty of the Ser1ient estate 1e cannot construct wor9s which will im"ede this easement. ,Art. :34,CC*,ty of the *o!inant estate #. 1e cannot ma9e wor9s which will increase the burden= ,Art. :34,CC%. 1e may construct wor9s to "re$ent erosion= ,Art. 11 , L.1 $; W.t"r#Ease!ents for *ra$ing Aater or for Aatering Ani!als
Re6,ire!ents for Ease!ent to e4ist

#. )t must be !or "ublic use. %. )t must be in !a$our o! a town or $illage. &. 2here must be "ayment o! "ro"er indemnity. ,Art. : 1,CCNOTES: Easements !or drawing water and !or watering animals carry with them the obligation o! the owners o! the ser$ient estate to allow "assage to "ersons and animals to the "lace where such easements are to be used, and indemnity shall include this ser$ice. ,Art. : 1,CC-
)E0A) EASE%ENTS
2hey are im"osed by law, and which ha$e !or their ob ect either "ublic use or the interest o! "ri$ate "ersons. ,Art. :3 , CCA. Easement 0elating to Faters ,Art#. :343 : 0,CCB. Easement o! 0ight o! Fay ,Arts. @>K@?C,CCC. Easement o! +arty Fall ,Arts. @?D@@@,CC.. Easement o! /ight and View ,Arts. @@C-@C&,CCE. Easement o! Aqueduct<.rainage ,Arts. @C>-@C@,CC3. )ntermediate .istances , Arts. @CC@D#5. Against Buisance ,Arts. @D%- @D&1. /ateral and (ub acent (u""ort ,Arts. @D>-@DC-
Ease!ent of A6,e+,ct
A6,e+,ct A the right to ma9e water !low thru inter$ening estates in order that one may ma9e use o! said waters.
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Re6,isites to Ac6,ire Ease!ent

#. )ndemnity must be "aid to the owners o! inter$ening estates %. )! !or "ri$ate interests, the easement cannot be im"osed on e:isting buildings, courtyards, anne:es, outhouses, orchards or gardens. &. 2here must be "roo!: a. 2hat he can dis"ose o! the water= b. 2hat the water is su!!icient !or ther use !or which it is intended= c. 2hat the "ro"osed course is the most con$enient and the least onerous to third "ersons and the ser$ient estate= d. 2hat "ro"er administrati$e "ermission be obtained. Note: 3or legal "ur"oses, the easement is considered continuous and a""arent. Constr,ction of a Stop )oc3 or Sl,ice 0ate ,Art. : 4,CCRe6,isites #. +ur"ose must be !or irrigation or im"ro$ement= %. 2he construction must be on the estate o! another= &. .amages must be "aid= >. 2hird "ersons should not be "re udiced.
)! the "assage is "ermanent, "ay the $alue o! the land occu"ied by the "ath "lus damages. )! tem"orary, "ay !or the damages caused.
Test of A+e6,acy
2he true standard !or the grant o! the legal right o! easement o! the right o! way is adequacy. )! there is already an e:isting outlet !rom the dominant estate to a "ublic highway, e$en i! incon$enient, the need to o"en another is un usti!ied. ,C$#t.6"((. C$r-. 8#. CA, J.'. 2,, 1551Notes: 2he width o! the easement shall be that which is su!!icient !or the needs o! the dominant estate. ,Art. :,1,CC2he width may be changed !rom time to time. ,Art. :,1,CC-
Ease!ent of a Party Aall

Party Aall C it is the wall at the di$iding land o! estates built by common agreement such that it occu"ies a "ortion o! both estates on equal "arts. Pres,!ptions of e4istence:
Ease!ent of Right of Aay

Right of $ay )t is the easement or "ri$ilege by which one "erson or a "articular class o! "ersons is allowed to "ass o$er another6s land, usually through one "articular "ath or line.
#. )n di$iding walls o! ad oining buildings u" to the "oint o! common ele$ation= %. )n di$iding walls o! gardens or yards situated in cities, towns, or in rural communities, &. )n !ences, walls and li$e hedges di$iding rural lands. ,Art. :,5,CCRe",ttal of Pres,!ption: 2he "resum"tion is rebutted by title, e:terior sign or "roo! to the contrary. ,Art. :,1, CCRights of Part O$ners: #. 'se it in "ro"ortion to the right he may ha$e in the co-ownershi". /imitation: he must not inter!ere with the common and res"ecti$e uses by the other co-owners. ,Art. :::,CC%. )ncrease the height o! the "arty wall. ,Art. ::,,CCa. at his own e:"ense=
Re6,isites
#. 2he estate is surrounded by estates o! others. %. 2here is no adequate outlet to a "ublic highway. &. 2here musts be "ayment o! "ro"er indemnity. >. )t must be established at a "oint less "re udicial to the ser$ient estate. ?. 2he isolation must not be due to the "ro"rietor6s own acts. @. .emandable only by the owner or one with a real right. &n+e!nity
21
b. u"on "ayment o! the "ro"er indemnity c. must bear the costs o! maintenance o! the "ortion added= d. must "ay !or the increased cost o! "reser$ation= e. must reconstruct i! original wall cannot bear the increased height= !. must gi$e additional s"ace ,landnecessary i! the wall is thic9ened.
&nter!e+iate *istances
Constr,ctions Bo constructions can be built or "lantings made near !orti!ied "laces or !ortresses without com"liance with the conditions required in s"ecial laws, ordinances and regulations relating thereto. ,Art. :44, CCTrees Bo trees shall be "lanted near a tenement or "iece o! land belonging to another, e:ce"t: #. At the distance authorized by ordinances or customs at the "lace, or= %. )n the absence thereo!, at least two ,%- meters !or tall trees and at least !i!ty ,?E- centimetres !rom the di$iding line o! the estates. ,Art. :45, CCNotes: Re!e+y for 1iolation: right to demand that said trees be u"rooted. 2he distances also a""ly to trees which ha$e grown s"ontaneously. ,Art. :45, CC&ntr,sions or e4tr,sions of (ranches an+ Roots: a. Branches A ad acent owner has the right to demand that they be cut o!!. b. 0oots A ad acent owner may cut them o!! himsel!. -r,its
Ease!ent of )ight an+ 'ie$

#. Ease!ent of )ight (jus luminum) A the right to admit light !rom the neighboring estate by the o"ening o! a window or the ma9ing o! certain o"enings.
Re6,isites
a. *a:imum size A &E cm. square. b. 2here must be an iron grating imbedded in the wall. c. 2here must be a wire screen. d. 2he o"ening must be at the height o! the ceiling oists or immediately under the ceiling. %. Ease!ent of 'ie$ (jus prospectus) A the right to ma9e o"enings or windows to en oy the $iew through the estate o! another. 2he easement o! light is necessarily included as well as the easement o! .(t)&# '$' t$(("'/), or the right not to build higher !or the "ur"ose o! obstruction. Proper *istances: #. .irect $iews A at least two meters distance between the wall ha$ing the windows and the boundary line. %. (ide or oblique $iews A at least @E cms. Between the boundary line and the nearest edge o! the window.
R,les as to fr,its
#. )! the !ruits still hang on the tree A owned by the tree owner. %. )t is only a!ter the !ruits ha$e BA2'0A//I !allen that they belong to the owner o! the in$aded land.
%o+es of Ac6,isition
#. By title %. By "rescri"tion a. +ositi$e easement A counted !rom the time o! the o"ening o! the windows, i! it is done through a "arty wall= b. Begati$e easement A counted !rom the time o! !ormal "rohibition u"on the owner o! the ad oining land or tenement i! the window is through a wall on the dominant estate. (Art. ::0,CC-
)ateral an+ S,"5acent S,pport

Bo "erson shall ma9e such e:ca$ations u"on his land as to de"ri$e any ad acent land or building o! su!!icient lateral or sub acent su""ort. ,Art. :0 , CCAny "ro"rietor intending to ma9e e:ca$ations shall noti!y the owners o! the ad acent lands. ,Art. :04, CC-
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'O)UNTARY EASE%ENTS
2hey are constituted by the will o! the "arties or o! a testator. Voluntary easements are constituted in !a$or o!: 1 Pre+ial ser1it,+es: a.3or the owner o! the dominant estate= b.3or any other "erson ha$ing any uridical relation with the dominant estate, i! the owner rati!ies it. %. Personal ser1it,+e A !or anyone ca"acitated to acce"t.
due diligence to "re$ent such children !rom "laying therewith or resorting thereto, is liable to a child who is in ured thereby, e$en i! the child is technically a tres"asser. ,J.r*$ A.rC"t)'7 C$r-. 8#. CA, 321 <CRA 34, D1555ERe!e+ies against a PU()&C N,isance #. +rosecution under 0e$ised +enal Code or any local ordinance= %. Ci$il action = &. Abatement without udicial "roceedings. ,Art. :55, CCRe!e+ies against a PR&'ATE N,isance #. ci$il action= %. abatement without "roceedings. ,Art. 40,, CCudicial
NU&SANCE
N,isance Any act, omission, establishment, business or condition o! "ro"erty or anything else which: #. in ures or endangers the health and sa!ety o! other= %. annoys or o!!ends the senses= &. shoc9s, de!ies or disregards decency or morality= >. obstructs or inter!eres with the !ree "assage o! any "ublic highway or street, or any body o! water= ?. hinders or im"airs the use o! "ro"erty. ,Art. :5 , CC-
Re6,isites for S,!!ary a"ate!ent of n,isance "y a pri1ate person #. must be s"eci!ically in urious to "erson a!!ected= %. no breach o! "eace or unnecessary in ury must be committed= &. "rior demand has been made to the owner or "ossessor to abate the nuisance= >. such demand has been re ected= ?. a""ro$al by the district health o!!ice and with assistance o! local "olice= and @. $alue o! destruction does not e:ceed +&,EEE.EE. ,Art#. 40 , 40:, CC-
%O*ES O- ACHU&R&N0 OANERSB&P(1544 B.r!

1 Original !o+e 8wnershi" is acquired inde"endent o! any "re-e:isting or "receding title or right o! another. 8riginal modes o! acquiring ownershi": a. intellectual creation= b. occu"ation. # *eri1ati1e !o+e 8wnershi" is based on a right "re$iously held by another "erson. .eri$ati$e modes o! acquiring ownershi": a. succession= b. donation c. "rescri"tion d. law= e. tradition
Classification of N,isances
#. Per se A nuisance at all times and under all circumstances, regardless o! location and surroundings. %. Per accidens A considered nuisance by reason o! circumstances, location, surrounding. &. P,"lic A a!!ects community or neighborhood or any considerable number o! "ersons. >. Pri1ate A a!!ects only a "erson or a small number o! "ersons.
*octrine of Attracti1e N,isance

A "erson who maintains in his "remises a dangerous instrumentality o! a characteristic which is attracti$e to children o! tender years at "lay and who !ails to e:ercise
Original %o+es
23
A &ntellect,al creation E Tra+ition (1544 B.r! )t is mode o! acquisition by $irtue o! which the author acquires intellectual "ro"erty or ownershi" o$er the "roducts o! his intellect, with the consequent "ower to authorize or re!use "ublication or "roduction o! such "roducts. ( Occ,pation )t is the acquisition o! ownershi" by seizing cor"oreal things that ha$e no owner, made with the intention o! acquiring them, and accom"lished according to legal rules. 2he ob ect sub ect to occu"ation must be a""ro"riable by nature. A consequence o! certain contracts such as sale by $irtue o! which, actually or constructi$ely, the ob ect is "laced in the control and "ossession o! the trans!eree.
?in+s of Tra+ition:
1 Real or !aterial tra+ition I physical +eli1ery # Constr,cti1e Tra+ition a. tr./)t)$ #y%6$()*. A "arties ma9e use o! a to9en or symbol to re"resent the thing deli$ered. b. tr./)t)$ ($'7. %.'& c. tr./)t)$ 6r"8) %.'& A when the $endee already has "ossession o! the thing sold by $irtue o! another title. d. tr./)t)$ *$'#t)t&t&% -$##"#$r)&% A when the $endor continues in "ossession o! the thing sold not as an owner but in some other ca"acity. &. H,asiCtra+ition deli$ery o! incor"oreal "ro"erty / (y operation of la$
Re6,isites (C&COS)
#. 2here must be a seizure or a""rehension= %. 2he thing seized must be cor"oreal "ersonal "ro"erty= &. 2here must be an intention to acquire ownershi" o$er the thing= >. 2he thing seized must be without any owner= ?. 2here must be com"liance with the rules "rescribed by law.
&nstances of occ,pation
#. 1unting and !ishing %. 3inding o! mo$ables which do not ha$e an owner &. 3inding o! abandoned mo$ables >. 3inding o! hidden treasure ?. Catching a swarm o! bees that has esca"ed !rom its owner, under certain conditions @. Catching o! domesticated animals that ha$e esca"ed !rom their owner, under certain conditions C. Catching o! "igeons without !raud or arti!ice D. 2rans!er o! !ish to another breeding "lace without !raud or arti!ice
%O*ES OEDT&N0U&SB&N0 OANERSB&P 1 'ol,ntary (AA*) a. Abandonment b. Alienation i. 8nerous ii. gratuitous c. 'oluntary destruction # &n1ol,ntary (-AR*O) a. -ortuitous loss or destruction b. Accession continua c. Rescissory actions d. Judicial +ecree e. By o"eration o! law *ONAT&ON C an act o! liberality whereby a "erson dis"oses gratuitously a thing or right in !a$or o! another who acce"ts it. , Art. 42,,CC-
*eri1ati1e %o+es
A S,ccession ( *onation )t is an act o! liberality whereby a "erson dis"oses gratuitously a thing or right in !a$or o! another who acce"ts it. , Art. 42,,CCC Prescription * )a$
Characteristics of *onations
#. consent, sub ect matter, cause ,as in other contracts%. the necessary !orm &. Consent or acce"tance by done during donor6s li!etime >. )rre$ocability ,e:ce"t !or legal causes-
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?. intent to bene!it the done ,.')%&# /$'.'/)@. resultant decrease in the assets or "atrimony o! the donor
NOTES: .onations with an onerous cause shall be go$erned by the rules on contracts. 0emunatory donations shall also be go$erned by the rules on contracts as regards that "ortion which e:ceeds the $alue o! the burden im"osed. ,Art. 433, CC)llegal or im"ossible conditions in sim"le and remunatory donations shall be considered as not im"osed. ,Art. 424, CC)! the donation is mortis causa, the !ormalities !or the e:ecution o! wills shall be com"lied with. ,Art. 420, CC-
Re6,isites
#. decrease or reduction o! the "atrimony o! the donor= %. increase o! the "atrimony o! the donee = &. .')%&# /$'.'/) or intent to ma9e donation= and >. acce"tance by the donee e:ce"t /$'.t)$' -r$-t"r '&-t).#
Classification of *onations
A As to effecti1ity #. )nter $i$os %. *ortis causa ( -ro! the 1ie$point of occasion #. 8rdinary donation %. .onation -r$-t"r '&-t).# C As to consi+eration: #. (im"le A the cause is "ure liberality= gratuitous. %. 0emunatory: a. to reward "ast ser$ices, "ro$ided they do not constitute a demandable debt= b. com"ensatory or conditional
Persons capacitate+ to !a3e +onations #. 2hose who ha$e ca"acity to enter into contracts= %. 2hose able to dis"ose o! his "ro"erty= &. 2hose not "rohibited or disquali!ied by law !rom ma9ing donations. NOTES: 2he donor6s ca"acity shall be determined as o! the time o! ma9ing the donation. , Art. 434, CCM*a9ingL must be inter"reted to mean M"er!ectionL o! donation. A donation between "ersons guilty o! adultery at the time o! the donation is $oid. Also, Art. DC, 3C, "ro$ides that the "rohibition against donation between s"ouses now a""lies to donation between "ersons li$ing together as husband and wi!e without a $alid marriage !or otherwise, the condition o! those who incurred guilt would be better than those in the legal union. ,A.t.6&"'. 8#. C"r8.'t"#, 30 <CRA 20 *onations PROB&(&TE* (Y )AA #. 2hose made by "ersons guilty o! adultery or concubinage at the time o! the donation= %. 2hose made between "ersons !ound guilty o! the same criminal o!!ense in consideration thereo!= &. 2hose made to a "ublic o!!icer or his or her s"ouse, descendants or ascendants by reason o! his or her o!!ice= >. 2hose made to a "riest who heard the con!ession o! the donor during the latter6s last illness or minister o! gos"el who e:tended s"iritual aid to him during same "eriod=
%ortis Ca,sa *isting,ishe+ *onation INTER *onation ORTIS VIVOS CA!SA 2a9es e!!ect during 2a9es e!!ect u"on the li!etime o! the the death o! the donor donor *ust !ollow the *ust !ollow the !ormalities o! !ormalities o! wills or donations. codicils. 2itle or ownershi" 2itle or ownershi" con$eyed be!ore con$eyed a!ter the death o! donor. death o! the donor. *ust be acce"ted by Can only be the donee during the acce"ted a!ter the li!etime o! the donor. death o! the donor. 5enerally irre$ocable Always re$ocable at during donor6s any time be!ore the li!etime, e:ce"t !or donor6s death. grounds "ro$ided by law. ,Arts. C@E, C@?Valid i! donor should Void i! donor sur$i$es sur$i$e donee. donee. (ub ect to donor6s (ub ect to estate ta: ta:
*onation &nter 'i1os an+ *onation
25
?. 2hose made to relati$es o! such "riest or minister within the >th degree, the church, order to which such "riest or minister may belong= @. 2hose made by the ward to the guardian be!ore a""ro$al o! !inal accounts, unless the guardian is an ascendant, descendant, brother, or sister= C. 2hose made to the attesting witnesses to the e:ecution o! donation i! there is any, or to the s"ouse, "arents or children or anyone claiming under them= D. 2hose made to a "hysician, surgeon, nurse, health o!!icer or druggist who too9 care o! donor during last illness= K. 2hose made to indi$iduals, associations and cor"orations not "ermitted by law to acce"t donations = #E. 2hose made by s"ouses to each other during marriage, or to "ersons o! whom the other s"ouse is a "resum"ti$e heir. ,Art#. 435, 4 0, 1024, CC .'/ Art. 04, @CNOTES: 2he adultery or concubinage need not be "ro$ed in a criminal action. )n the same ci$il action !or the declaration o! nullity, the guilt may be "ro$ed by "re"onderance o! e$idence. *inors and others who cannot enter into contracts may become donees but acce"tance shall be done through their "arents or legal re"resentati$es. ,Art. 4 1, CC.onations made to concei$ed or unborn children may be acce"ted by those "ersons who would legally re"resent them i! they were already born.
noted in both donation is $oid.
deeds,
otherwise
b. )! the $alue o! the mo$able donated is +?,EEE.EE or less: i. Can "e !a+e orally A but there must be simultaneous deli$ery o! the mo$able or the document re"resenting the right donated. ii. Can "e !a+e in $riting A but the law does not require the acce"tance to be in writing. *onations of &!!o1a"le Property )t must be in "ublic instrument s"eci!ying "ro"erty donated and burdens assumed by the donee regardless o! $alue. NOTE: Acceptance !,st "e either: #. )n the same instrument, or %. )n another "ublic instrument, but, noti!y the donor in authentic !orm, and noted in both deeds. otherwise donation is $oid. Acceptance 2he donation is "er!ected !rom the moment the donor 9nows o! the acce"tance by the donee. ,Art. 43 , CCAcce"tance must be made during the li!etime o! the donor and o! the donee. , Art. 4 :,CC)! the donation and acce"tance are in the same instrument, containing the signature o! both the donor and the done, it is understood that there is already 9nowledge o! the acce"tance, hence, donation is already "er!ected. ,L.&r"t. 8#. A.t., P2)(. ::02he donee must acce"t the donation "ersonally, or through an authorized "erson with a s"ecial "ower !or that "ur"ose, or with a general and su!!icient "ower, otherwise, the donation shall be $oid. ,Art. 4 ,, CC-
-or!alities of *onations
*onation of %o1a"le Property a. )! $alue o! the mo$able donated is more than +?,EEE.EE: i. )t should always be in writing. ii. 2he acce"tance should also be in writing. NOTE: Acceptance !,st "e either: #. )n the same instrument= or %. )n another "ublic instrument, noti!y the donor in authentic !orm, and
)i!itations:
#. .onations cannot com"rehend !uture "ro"erty. ,Art. 4,1, CC%. Bo "erson may gi$e or recei$e, by way o! donation, more than what he can gi$e by $irtue o! a will. ,Art. 4,2, CC&. 2he donation should not be ino!!icious.
26
)t should not im"air the legitime. 2he heirs o! the donor ha$e ? years !rom the death o! the donor to re$o9e or reduce the donation >. 2he donation should not "re udice creditors. 2he creditors thereby "re udiced ha$e > years !rom the 9nowledge o! the donation to rescind the donation A .**)$' -.&().'.. ?. 2he donation should not im"air su""ort !or the donor and his !amily. Can be reduced as much as may be: N"*"##.ry - )n e:treme cases, the donation can be re$o9ed i! the donor ga$e away so much, and the donor and his !amily need e$erything bac9. Pay!ent of +e"ts "y the *onee #. )! there is e:"ress sti"ulation, the donee shall "ay only debts contracted be!ore the donation, i! not otherwise s"eci!ied= but the donee answers only u" to the $alue o! the "ro"erty donated, i! no sti"ulation is made to the contrary. %. )! there is no sti"ulation as to "ayment o! debts, the donee shall be res"onsible there!or when the donation has been made in !raud o! creditors. ,Art. 4,5, CC-
Reason: )t is only a!ter the death o! the donor that the net estate may be ascertained and on which basis, the legitimes may be determined. ,A.t"$ 8#. L.7&., 25 <CRA 0: -
0ro,n+s for Re1ocation

1 NonCf,lfill!ent of con+ition 2he donation shall be re$o9ed at the instance o! the donor, when the donee !ails to com"ly with any o! the conditions which the !ormer im"osed u"on the latter. Prescripti1e perio+: A!ter !our ,>- years !rom the non-com"liance o! the condition. 2his action may be transmitted to the donor6s heirs, and may be e:ercised against the donee6s heirs. ,Art. 4: , CC# &ngratit,+e (Art" #$%& CC) a. )! the donee should commit an o!!ense against the "erson, honor or "ro"erty o! the donor, or o! his wi!e, or children under his "arental authority= b. )! the donee im"utes to the donor any criminal o!!ense , or any act in$ol$ing moral tur"itude, e$en though he should "ro$e it, unless the crime or the act has been committed to the donee himsel!, his wi!e or children under his authority= c. )! he unduly re!uses to gi$e su""ort when the donee is legally or morally bound to gi$e su""ort to the donor.
Re+,ction an+ Re1ocation of *onations

0ro,n+s for Re+,ction: #. Birth, ado"tion, rea""earance ,Art. 4:0%. )no!!iciousness ,Art. 441&. )! insu!!icient "ro"erty is le!t !or the su""ort o! the donor and his relati$es ,Art. 4,0>. )! made in !raud o! creditors. ,Art. 1304NOTES: 8nly those who at the time o! the donor6s death ha$e a right to the legitime and the heirs and successors-in-interest may as9 !or the reduction o! ino!!icious donations. , E($y I%-"r).( 8#. CA "t .(., O*t. 0, 1555Prescripti1e perio+: within #E years !rom the time o! the death o! the donor because this is an obligation created by law.
Reason: 8ne who has been the ob ect o! generosity must not be ungrate!ul. NOTES: 2his right to re$o9e is "ersonal to the donor. 2he acts o! ingratitude under Art. C@? are e:clusi$e. 2he action to re$o9e by reason o! ingratitude "rescribes a!ter one year counted !rom the time the donor had 9nowledge o! the !act and it was "ossible !or him to bring the action. ,Art. 4:5, CC-
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2013 BAR REVIEWER IN PROPERTY By: ATTY. ENRIQUE V. DELA CRUZ, JR.

Property - Anything which is or may be the ob ect o! a""ro"riation (Art 1 , NCC!.

Classification of Things: (CAN)

Characteristics of Property: (USA)

OANERSB&P (1544 B.r!

)i!itations ,pon the right of o$nership

Re!e+ies for Reco1ery of Property

NOTE: #. )! there is a !i:ed

*octrine of selfChelp ,Art.

Restrictions on S,rface Right:

Sic utere tuo ut alienum non laedas

Re6,isites of Bi++en Treas,re (B'O)

*octrine of State of Necessity ,Art. 32-

incor"orated or attached thereto, naturally or arti!icially. (Art. 0, CC.!

iii. i$. $. $i.

Classification of Accession 1 Accession Discreta

RU)ES on ACCESS&ON CONT&NUA

)O in (an+ %aterial O$ner

o! necessary e:"enses !or the "reser$ation o! land

)n B3 (ame as though acted in good !aith

3or!eits the material G "ay damages 0ight o! reimbursement

)! +8 acted in 53, and A8 in B3

#. A""ro"riate s the thing. %. Entitled to damages !rom A8

)! +8 acted in B3, and A8 acted in 53

Tenancy in co!!on or CoCo$nership

Re6,isites of CoCo$nership (SOS)

CoCo$nership +isting,ishe+ fro!

R,les an+ Principles

)i!itations ,pon the right of a coCo$ner

CoCo$nership +isting,ishe+ fro!

)i!itations on the Right of the -inancial

Effects of an &llegal Alteration

>. +ossession with ust title !rom the owner.

Pres,!ptions Regar+ing Possession

*isting,ish Occ,pation fro!

Possession cannot "e ac6,ire+

#. thru !orce or intimidation= ,Art. ,3:, CC%. thru tolerance or "ermission=

R,les in case of Conflict of Possession

)m"ro$ement s by Bature or 2ime /iability !or /oss or .eterioration

reco$er it !rom the "erson "ossession o! the same.

A"an+on!ent C renunciation o! a thing.

Us,fr,ct an+ )ease *isting,ishe+

as to TADES 'su!ructuary res"onsible !or ta:es on the !ruit

Effect of fail,re to gi1e sec,rity

E4ting,ish!ent of the ,s,fr,ct: (%E)*

%O*ES O- ACHU&R&N0 EASE%ENTS

Ease!ent Relating to Aaters

Re6,ire!ents for Ease!ent to e4ist

Re6,isites to Ac6,ire Ease!ent

Ease!ent of a Party Aall

Ease!ent of Right of Aay

Ease!ent of )ight an+ 'ie$

)ateral an+ S,"5acent S,pport

%O*ES O- ACHU&R&N0 OANERSB&P(1544 B.r!

*octrine of Attracti1e N,isance

*onation &nter 'i1os an+ *onation

noted in both donation is $oid.

0ro,n+s for Re1ocation

Re+,ction an+ Re1ocation of *onations

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onation &nter 'i1os an+ onation