Ti t l e I PROPERTY

Classification (according to mobility):

1. Immovable real property
2. Movable personal property

Requisites:
1. Utility
2. Individuality/Substantivity
3. Susceptibility of appropriation

Real Rights
1. no passive subject claim against whole world
2. object is corporeal thing (obligation)
3. creates juridical relations through mode & title
4. extinguished through loss or destruction of thing

Personal Rights
1. Passive and active subject
2. Object is an intangible thing (specific thing)
3. Creates juridical relations through title
4. Not extinguished through loss or destruction of thing

Immovable property
1. By nature cannot be moved from place to place because of their nature
a) land, buildings & all kinds of constructions adhered to soil
b) mine, quarries

2. By incorporation essentially movables but attached to an immovable that it
becomes an integral part of it
a) trees, plants & growing fruits adhered to soil
b) everything attached to an immovable that it will break if separated
c) statues, paintings if intended by owner to be integral part of immovable
d) animal houses if intended by owner to become permanently attached to
immovable

3. By destination movables but purpose is to partake of an integral part of an
immovable
a) machinery placed by owner of the tenement & tend directly to meet the needs
of such works/industry
b) fertilizers when applied to soil
c) docks & floating structures

4. By analogy/by law contracts for public works, servitude & other real rights over
immovable property

Movable property
1. susceptible of appropriation that are not included in enumeration in immovable
2. immovable that are designated as movable by special provision of law
3. forces of nature brought under control by science
4. things w/c can be transported w/o impairment of real property where they are
fixed
5. obligations which involve demandable sums (credits)
6. shares of stocks of agricultural, commercial & industrial entities although they
may have real estate


Classification of Movables
1. consumable cannot be utilized w/o being consumed
2. non-consumable

Classification of Property (according to ownership):
1. Public dominion
a) intended for public use
b) intended for public service of state, provinces, cities & municipalities
Characteristics:
a) outside the commerce of men cannot be alienated or leased
b) cannot be acquired by private individual through prescription
c) not subject to attachment & execution
d) cannot be burdened by voluntary easement
2. Private Ownership
a) patrimonial property of state, provinces, cities, municipalities
1. exist for attaining economic ends of state
2. property of public dominion when no longer intended for public
use/service declared patrimonial
b) property belonging to private persons individually or collectively



Ti t l e I I OWNERSHI P


Chapter 1: OWNERSHIP IN GENERAL

Definitions of Ownership
Independent and general right of a person to control a thing particularly in his
possession, enjoyment, disposition, and recovery, subject to no restrictions except
those imposed by the state or private persons, without prejudice to the provisions of
the law.
Power of a person over a thing for purposes recognized by law & within the limits
established by law

Attributes:
1. Jus possidendi right to possess
2. Jus utendi right to enjoy
3. Jus fruendi right to fruits
4. Jus abutendi right to use and abuse
5. Jus disponendi right to dispose
6. Jus vindicandi right to exclude others from possession of the thing
Actions for possession:
1. movable replevin (return of a movable)
2. immovable
a) forcible entry used by person deprived of possession through violence,
intimidation (physical possession, 1 year unlawful deprivation)
b) unlawful detainer used by lessor/person having legal right over property
when lessee/person withholding property refuses to surrender possession of
property after expiration of lease/right to hold property (physical possession,
1 year from unlawful deprivation)
c) accion publiciana plenary action to recover possession
d) accion reinvindicatoria recovery of dominion of property as owner
7. Principle of self help self defense
Elements:
a) Person exercising rights is owner or lawful possessor
b) There is actual or threatened unlawful physical invasion of his property
c) Use force as may be reasonably necessary to repel or prevent it
Available only when possession has not yet been lost, if already lost resort
to judicial process
May be exercised by 3
rd
person negotiorum gestio

8. Right to enclose or fence w/o detriment to servitude constituted
9. Right to surface & everything under it only as far as necessary for his practical
interest (benefit or enjoyment)
10. Right to hidden treasure found in own property
a) hidden and unknown movables w/c consist of money or precious objects
b) owner is unknown
c) by chance if property owner is state belongs to finder; also if in anothers
property; the finder must not be trespasser

Limitation on Ownership
1. general limitations for the benefit of the state (eminent domain, police power,
taxation)
2. specific limitations imposed by law (servitude, easements)
3. specific limitations imposed by party transmitting ownership (will, contract)
4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
5. inherent limitations arising from conflicts with other similar rights (contiguity of
property)
6. owner cannot make use of a thing which shall injure/prejudice rights of 3
rd

persons (neighbors)
7. acts in state of necessity law permits injury or destruction of things owned by
another provided this is necessary to avert a greater danger (with right to
indemnity vs. principle of unjust enrichment)
8. true owner must resort to judicial process when thing is in possession of
another; law creates a disputable presumption of ownership to those in actual
possession
a) identify property
b) show that he has better title


Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those
which may be incorporated or united thereto
1. principle of justice
2. accessory follows the principal

Accession continua accession to products of the thing

Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease, antichresis

Obligation of owners:

a) Immovables accretion

1. Alluvion - owner of lands adjoining banks of river belongs the accretion
gradually received from effects of the water's current

Requisites:
a. deposit is gradual & imperceptible
b. made through effects of current of water
c. land where accretion takes place is adjacent to banks of river

Rights of riparian owner
Right to accretion ipso facto no need to make an express act of
possession

2. Avulsion transfer of a known portion of land from one tenement to another
by force of current of waters

Rights of riparian owner

a) Right to portion of land transferred if not claimed by owner within 2
years (prescription)
b) Right to trees uprooted if not claimed by owner w/in 6 months; subject
to reimbursement for necessary expenses for gathering them &
putting them in safe place

3. Change of river bed

Right of owner of land occupied by new river course
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to acquire the
same by paying its value value not to exceed the value of area
occupied by new bed
3. Formation of island in non-navigable river
a) owner of margin nearest to islands formed if nearest to it
b) owner of both margins if island is in the middle (divided into
halves longitudinally)
4. building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land;
presumption is owner made them at his expense
Exception: contrary is proven

Right of owner of material
1. Right to be indemnified or paid of value of property by owner of land
2. Right to remove materials if he can do so w/o injury to work constructed if
owner has not paid
3. Right to damages and demolition even if with injury to work if owner of
land is in bad faith

Right of owner when another builds, plants or sows in his land: (OWNER &
BUILDER BOTH IN GOOD FAITH)
1. Appropriate as his own after paying for indemnity
2. Oblige the planter, builder to pay for price of land or rent, except when
value of lands is greater than thing built convert to rent

Right of Builder in good faith before payment of indemnity of owner in good
faith
1. Right to retain land & building
2. Right not to be compelled to pay for rent
3. Right of retention ceases when obliged to pay for value of and if he fails
to do so

Right of owner in good faith when builder is in bad faith
1. Right to appropriate what has been built w/o paying indemnity
2. Order demolition of building
3. Compel the builder to pay for price of land or rent
4. Right to damages

Right of builder in bad faith when owner is in good faith
Right to be reimbursed for necessary expenses for preservation of land


Right of Builder in good faith when owner is in bad faith
1. Right to indemnity for value of building
2. Right to damages
3. Right to demolish w/o payment of indemnity

Bad faith on both builder & owner in pari delicto (no cause of action vs.
each other)

Right of 3
rd
person who owns materials
1. Right to be indemnified for value of materials irrespective of good faith or
bad faith of builder or owner; if builder has no property, owner is
subsidiarily liable
2. When builder is in bad faith & owner in good faith & owner compel builder
to remove improvements, owner is not subsidiarily liable
3. When 3
rd
person is paid by builder, builder may demand from landowner
the value of labor & materials


b) Movables

1. Conjunction / adjunction 2 movable things which belong to different owners
are united to form a single object

Test to determine w/c one is the principal:
a. that to w/c the other intended to be united as ornament or for its use
of perfection
b. value
c. volume

Rights:
1. If both are in good faith owner of principal acquired the accessory
with indemnification
2. If both are in good faith may separate them if no injury will be
caused; if value of accessory is greater than principal, owner of
accessory may demand separation even if damages will be caused to
the principal (expenses to be borne by one who caused the
conjunction)
3. If owner of accessory is in bad faith owner of accessory with
damages to principal
4. If owner of principal is in bad faith owner of accessory shall have
option of principal paying value of accessory or removal of accessory
despite destruction of principal
5. Owner of accessory or principal has right to indemnity when thing
adjuncts w/o his consent may demand that a thing equal is kind,
value and price

2. Specification One employs the materials of another in whole or in part on
order to make a thing of a different kind; transformation

Rights:
1. If person who made the transformation is in good faith - he shall
appropriate the thing transformed as his own with indemnity to owner
of material for its value
2. If material is more precious than transformed thing owner of material
may appropriate the new thing to himself after indemnity paid to labor
or demand indemnity for materials
3. If person who made the transformation is in bad faith, owner of
material shall appropriate the work to himself w/o paying maker or
demand indemnity for value of materials & damages
4. If transformed thing is more valuable than material, owner of material
cannot appropriate


3. Commixtion / confusion 2 things of the same or different kinds are mixed &
are not separable w/o injury

Rights:
1. If both owners are in good faith Each owner shall acquire a right
proportional to the part belonging to him (vis-a-vis the value of the
things mixed or confused)
2. If one owner is in bad faith he shall lose the thing belonging to him
plus indemnity for damages caused to owner of other thing mixed with
his thing
3. If both in bad faith no cause of action against each other


Chapter 3: QUIETING OF TITLE

Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be known

Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his
own estate & generally declares that defendants claim is w/o foundation
when proper:
1. contract has been extinguished or terminated
2. contract has prescribed
3. remove cloud

Action to remove cloud
intended to procure cancellation, delivery, release of an instrument,
encumbrance, or claim constituting a on plaintiffs title which may be used to
injure or vex him in the enjoyment of his title
Cloud any instrument which is inoperative but has semblance of title
Requisites:
1. Plaintiff must have legal or equitable interest
2. Need not be in possession of property
3. Return to defendant all benefits received he who wants justice must do
justice


Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Liability for damages:
1. collapse engineer, architect or contractor
2. collapse resulting from total or partial damage; no repair made owner; state
may compel him to demolish or make necessary work to prevent if from falling
3. if no action done by government at expense of owner



Ti t l e I I I : CO- OWNERSHI P

Co-ownership
a) plurality of subjects many owners
b) unity of material (indivision) of object of ownership
c) recognition of ideal shares

Causes/Sources:
1. law
2. contracts
3. succession
4. fortuitous event/chance commixtion
5. occupancy 2 persons catch a wild animal

Distinguished from partnership
a) partnership created only by agreement; co-ownership has many sources
b) purpose of partnership is to obtain profit; co-ownership is collective enjoyment of
a thing
c) in partnership there is juridical personality distinct from individuals, none in co-
ownership
d) partnership can be created for more than 10 years, not in co-ownership
e) partners cannot transfer rights w/o consent of other co-partners, not co-
ownership
f) partnership extinguished when partner dies, not in co-ownership
g) distribution of profits in partnerships may be stipulated, this is not flexible in co-
ownership but depends on ideal share/interest

Rights of co-owners
1. Right to benefits proportional to respective interest; stipulation to contrary is void
2. Right to use thing co-owned
a. for purpose for which it is intended
b. without prejudice to interest of ownership
c. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement
4. Right to bring action in ejectment in behalf of other co-owner
5. Right to compel co-owners to contribute to necessary expenses for preservation
of thing and taxes
6. Right to exempt himself from obligation of paying necessary expenses and taxes
by renouncing his share in the pro-indiviso interest; but cant be made if
prejudicial to co-ownership
7. Right to make repairs for preservation of things can be made at will of one co-
owner; receive reimbursement therefrom; notice of necessity of such repairs
must be given to co-owners, if practicable
8. Right to full ownership of his part and fruits
9. Right to alienate, assign or mortgage own part; except personal rights like right to
use and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated thing (subject to right of others to be indemnified)
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot
agree that it be allotted to one of them

Duties/Liabilities
1. Share in charges proportional to respective interest; stipulation to contrary is void
2. Pay necessary expenses and taxes may be exercised by only one co-owner
3. Pay useful and luxurious expenses if determined by majority
4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort to
court if non-consent is manifestly prejudicial

5. Duty to obtain consent of majority with regards to administration and better
enjoyment of the thing; controlling interest; court intervention if prejudicial
appointment of administrator
6. No prescription to run in favor co-owner as long as he recognizes the co-
ownership; requisites for acquisition through prescription
a. he has repudiated through unequivocal acts
b. such act of repudiation is made known to other co-owners
c. evidence must be clear and convincing
7. Co-owners cannot ask for physical division if it would render thing unserviceable;
but can terminate co-ownership
8. After partition, duty to render mutual accounting of benefits and reimbursements
for expenses
9. Every co-owner liable for defects of title and quality of portion assigned to each of
the co-owner

Rights of 3
rd
parties
1. creditors of assignees may take part in division and object if being effected
without their concurrence, but cannot impugn unless there is fraud or made
notwithstanding their formal opposition
2. non-intervenors retain rights of mortgage and servitude and other real rights
and personal rights belonging to them before partition was made



Ti t l e V: POSSESSI ON

Possession holding of a thing or enjoyment of a right
1. occupancy actual or constructive (corpus)
2. intent to possess (animus)

How acquired:
a. material occupation possession as a fact
1. physical
2. constructive - tradicion brevi manu (one who possess a thing short of title
of owner lease );
tradicion constitutum possesorium (owner alienates thing but continues to
possess depositary, pledgee, tenant)
cannot be recognized at the same time in 2 different personalities except co-
possession
question arise regarding fact of possession
1. present possessor preferred
2. 2 possessors one longer in possession
3. dates of possession the same one who presents a title
4. both have titles judicial resolution

b. subject to action of our will- possession as a right
1. tradicion simbolica delivering object or symbol of placing thing under
control of transferee (keys)
2. tradicion longa manu pointing out to transferee the things which are
being transferred

c. proper acts and legal formalities established for acquiring rights donation, sale

What can be subject of possession things or rights which are susceptible of
being appropriated


Degrees of possession:
1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner
4. possession with just title from true owner


Classes of ownership:
1. in concept of owner owner himself or adverse possessor
Effects:
a. may be converted into ownership through acquisitive prescription
b. bring actions necessary to protect possession
c. ask for inscription of possession
d. demand fruits and damages from one unlawfully detaining property

2. in concept of holder usufruct, lessee, bailee
3. in oneself personal acquisition
a. he must have capacity to acquire possession
b. intent to possess
c. possibility to acquire possession

4. in name of another agent; subject to authority and ratification if not authorized;
negotiorum gestio
a. representative has intention to acquire for another and not for himself
b. person from whom it is acquired has intention of possessing it

5. in good faith not aware that there exist flaw in title or mode w/c invalidates it;
mistake upon doubtful question of law; always presumed; it may be interrupted
by extraneous evidence or suit for recovery of property of true owner
6. in bad faith aware of defect

Possession through succession
1. possession of hereditary property is deemed transmitted w/o interruption from
moment of death ( if accepted) and if not accepted ( deemed never to have
possessed the same )
2. one who succeeds by hereditary title shall not tack the bad faith of predecessors
in interest except when he is aware of flaws affecting title; but effects of
possession in good faith shall not benefit him except from date of death of
decedent.

Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them
through guardian or legal representatives

Acquisition
1. cannot be acquired through force or intimidation when a possessor objects
thereto resort to courts
2. the following do not affect acts of possession ( not deemed abandonment of
rights ); possession not interrupted
a. acts merely tolerated
b. clandestine and unknown acts
c. acts of violence


Rights of possessor:
1. Right to be respected in his possession; if disturbed protected by means
established by law; spoliation
2. Possession acquired and enjoyed in concept of owner can serve as title for
acquisitive prescription
a. Possession has to be in concept of owner, public, peaceful and
uninterrupted
b. Title short of ownership
3. Person in concept of owner has in his favor the legal presumption of just title
(prima facie)
4. Possession of real property presumes that movables are included
5. Co-possessors deemed to have exclusively possessed part which may be
allotted to him; interruption in whole or in part shall be to the prejudice of all
6. Possessor in good faith entitled to fruits received before possession is legally
interrupted ( natural and industrial gathered or severed; civil accrue daily )
7. Possessor in good faith entitled to part of net harvest and part of expenses of
cultivation if there are natural or industrial fruits ( proportionate to time of
possession ); owner has option to require possessor to finish cultivation and
gathering of fruits and give net proceeds as indemnity for his part of expenses; if
possessor in good faith refuses barred from indemnification in other manner
8. Possessor has right to be indemnified for necessary expenses whether in good
faith or in bad faith; Possessor in good faith has right of retention over thing
unless necessary expenses paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses with right
of retention; owner has option of paying expenses or paying the increase in value
of property which thing acquired by reason of useful expenses
10. Possessor in good faith may remove improvements if can be done w/o damage
to principal thing- unless owner exercises option of paying; possessor in bad faith
not entitled.
11. Possessor in good faith and bad faith may not be entitled to payment for
luxurious expense but may remove them provided principal is not injured
provided owner does not refund the amount expended
12. Improvements caused by nature or time to inure to the benefit of person who has
succeeded in recovering possession
13. Wild animals possessed while in ones control; domesticated possessed if they
retain habit of returning back home
14. One who recovers, according to law, possession unjustly lost is deemed to have
enjoyed it w/o interruption

Liabilities/duties of Possessor
1. Return of fruits if in bad faith fruits legitimate possessor could have received
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss except when
fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous
event
5. Person who recovers possession not obliged to pay for improvements which
have ceased to exist at time of occupation

Loss of possession:
1. abandonment of the thing renunciation of right; intent to lose the thing
2. assignment made to another by onerous or gratuitous title
3. destruction or total loss of the thing or thing went out of commerce
4. possession of another if new possession lasted longer that 1 year ( possession
as a fact); real right of possession not lost except after 10 years



Not lost:
1. Even for time being he may not know their whereabouts, possession of movable
is not deemed lost

2. When agent encumbered property without express authority except when
ratified
3. Possession may still be recovered:
a. Unlawfully deprived or lost
b. Acquired at public sale in good faith with reimbursement
c. Provision of law enabling the apparent owner to dispose as if he is owner
d. Sale under order of the court
e. Purchases made at merchant stores, fairs or markets
f. Negotiable document of title

Possession is equivalent to title
a. possession is in good faith
b. owner has voluntarily parted with the possession of the thing
c. possessor is in concept of an owner


Ti t l e VI : USUFRUCT

Usufruct right to enjoy anothers property with correlative duty of preserving its
form and substance
a. things movable/immovable
b. rights provided it is not strictly personal

Kinds:
1. legal - parents over children
2. voluntary contracts, wills
3. mixed prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
10. With a term

Rights of usufructuary:
1. Right to civil, natural & industrial fruits of property
2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights gratuitous or onerous; but is co-terminus
with term of usufruct; fruits proportionate at duration of usufruct; but cant do acts
of ownership such as alienation or conveyance except when property is:
a. consumable
b. intended for sale
c. appraised when delivered; if not appraised & consumable return same
quality (mutuum)
4. Right not exempt from execution and can be sold at public auction by owner
5. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise
act of ownership bring action to preserve
6. Right to fruits growing at time usufruct begins; growing fruits at termination of
usufruct belongs to owner
7. Right to necessary expenses from cultivation at end of usufruct
8. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
9. Right to make use of dead trunks of fruit bearing trees & shrubs or those
uprooted/cut by accident but obliged to plant anew
10. Right of usufructuary of woodland ordinary cutting as owner does habitually or
custom of place; cannot cut down trees unless it is for the restoration of
improvement of things in usufruct must notify owner first
11. Right to leave dead, uprooted trees at the disposal of owner with right to demand
that owner should clear & remove them if caused by calamity or extraordinary
event impossible to replace them
12. Right to oblige owner to give authority & furnish him proofs if usufruct is
extended to recover real property or real right

13. Right to necessary expenses
14. Right to introduce useful & luxurious expenses but with no obligation of
reimbursement on part of owner; may remove improvement if can be done w/o
damage
15. Right to set-off improvements against damages he made against the property
16. Right to administer when property is co-owned; if co-ownership cease usufruct
of part allotted to co-owner belongs to usufructuary not affected
17. Right to demand the increase in value of property if owner did not spend for
extraordinary repairs when urgent & necessary for preservation of thing

Rights of naked owner
1. Alienate thing
2. Cant alter form or substance
3. Cant do anything prejudicial to usufructuary
4. Construct any works Y make any improvement provided it does not diminish
value or usufruct or prejudice right of usufructuary

Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct;
whose who have right to fruits should reimburse expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear, thing
deteriorates, obliged to return in that state; except when there is fraud or
negligence, then he shall be liable
3. Before entering into usufructuary::
a) Notice of inventory of property (appraisal of movables & description)
b) Posting of security
1. not applicable to parents who are usufructuary of children except when
2
nd
marriage contracted
2. excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
a. immovables be placed under administration
b. NI can be converted into registered certificates or deposited in bank
c. Capital & proceeds of sale of movables be invested in safe securities
d. Interest on proceeds or property under admin belong to usufructuary
e. Owner may retain property as administrator w/ obligation to deliver
fruits to usufructuary until he gives sufficient security
f. Effect of security is retroactive to day he is entitled to fruits
4. Take care of property as a good father of family
5. Liable for negligence & fault of person who substitute him
6. If usufruct is constituted on animals duty bound to replace dead animals that
die from natural causes or became prey; if all of them perish w/o fault but due to
contagious disease / uncommon event deliver remains saved; if perish in part
due to accident continue on remaining portion; if on sterile animals as if
fungible replace same kind & quality
7. Obliged to make ordinary repairs wear & tear due to natural use of thing and
are indispensable for preservation; owner may make them at expense of
usufructuary during existence of usufruct
8. Obliged to make expenses due to his fault; cannot escape by renouncing
usufruct
9. Pay legal interest from extraordinary expenses made by owner
10. Payment of expenses, charges & taxes affecting fruits
11. Payment of interest on amount paid by owner charges on capital
12. Obliged to notify owner of act of 3
rd
person prejudicial to rights of ownership he
is liable if he does not do so for damages as if it was caused through his own
fault
13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by
usufructuary

Obligations of owner
1. extraordinary expenses; usufructuary obliged to inform owner when urgent is the
need to make them
2. expenses after renunciation of usufruct

3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no obligation to pay mortgage; if
attached, owner to be liable for whatever is lost by usufructuary
5. if property is expropriated for public use owner obliged to either replace it or
pay legal interest to usufructuary of net proceeds of the same

Extinguishment of usufruct
1. death of usufructuary unless contrary intention appears
2. expiration of period of usufruct
3. merger of usufruct & ownership
4. renunciation of usufructuary express
5. total loss of thing
6. termination of right of person constituting usufruct
7. prescription use by 3
rd
person



loss in part remaining part shall continue to be held in usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50
years
usufruct constituted on immovable whereby a building is erected - & building is
destroyed right to make use of land & materials
if owner wishes to construct a new building pay usufructuary the value of
interest of land & materials
both share in insurance if both pays premium; if only owner then proceeds will
go to owner only
effect if bad use of the thing owner may demand the delivery of and
administration of the thing with responsibility to deliver net fruits to usufructuary
at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary
expenses w/c should be reimbursed
security of mortgage shall be cancelled



BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Different Modes of acquiring ownership:
1) Occupation
2) Donation
3) Prescription
4) Succession
5) Tradition

MODE Proximate cause of ownership ( sales, donation)
TITLE Remote cause of ownership; merely constituted the means


OCCUPATION
1. There should be a corporeal thing (tangible) which must have a corpus (body) &
that thing should have no owner
2. There must be actual occupancy; thing must be subjected to ones
control/disposition
3. There must e an intention to occupy
4. Accomplished according to legal rules

What are the things susceptible to occupation?
things that are w/o owner res nullius; abandoned
stolen property cannot be subject of occupation
animals that are the object of hunting & fishing
kinds of animals:
a) wild considered res nullius when not yet captured; when captured
& escaped become res nullius again

b) domesticated animals originally wild but have been captured & tamed;
now belong to their capturer; has habit of returning to premises of owner;
becomes res nullius if they lose that habit of returning & regain their
original state of freedom
c) domestic/tame animals born & ordinarily raised under the care of
people; become res nullius when abandoned by owner
hidden treasure (only when found on things not belonging to anyone)
abandoned movables

Animals:
a) Swarm of bees
- owner shall have right to pursue them to anothers land (owner to identify
latter for damages, if any)
- land owner shall occupy/retain the bees if after 2 days, owner did not
pursue the bees
b.) Domesticated animals
- may be redeemed within 20 days from occupation of another person; if no
redemption made, they shall pertain to the one who caught them
c) Pigeons & fish
- when they go to another breeding place, they shall be owned by the new
owner provided they are not enticed

Movables:
1) Treasure found on anothers property
- consist of (1) money, precious objects & 2) hidden & owner is unknown
- finding must be by chance in order that stranger may be entitled to of
the treasure
2) Movable found w/c is not treasure
- must be returned to owner
- if finder retains the thing found may be charged with theft
- if owner is unknown, give to mayor; mayor shall announce finding of the
movable for 2 weeks in way he deems best
- of owner does not appear 6 months after publication, thing found shall be
awarded to finder
- if owner appears, he is obliged to pay 1/10 of value of property to finder
as price
- if movable is perishable or cannot be kept w/o deterioration or w/o
expenses it shall be sold at public auction 8 days after the publication

What cannot be acquired by occupation
Ownership of a piece of land
because when a land is without an owner, it pertains to the state
land that does not belong to anyone is presumed to be public land
but when a property is private and it is abandoned can be object of occupation

PRESCRIPTION
mode by which one acquires ownership and other real rights thru lapse of time; also
a means by which one loses ownership, rights & actions; retroactive from the
moment period began to run

Kinds:
1. Acquisitive
2. Extinctive

Who may acquire by prescription:
a. person who are capable of acquiring property by other legal modes
b. STATE
c. minors through guardians of personally

Against whom prescription run:
1. minors & incapacitated person who have guardians
2. absentees who have administrators

3. persons living abroad who have administrators
4. juridical persons except the state with regards to property not patrimonial in
character
5. between husbands & wife
6. between parents & children (during minority/insanity)
7. between guardian & ward (during guardianship)
8. between co-heirs/co-owners
9. between owner of property & person in possession of property in concept of
holder

Things subject to prescription: all things within the commerce of men
a. private property
b. patrimonial property of the state

Things not subject to prescription:
1. public domain
2. in transmissible rights
3. movables possessed through a crime
4. registered land

Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but
not the right to prescribe in the future
may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from
the acts w/c imply abandonment of right acquired
creditors & persons interested in making prescription effective may avail
themselves notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

Kinds of Acquisitive prescription
1. ordinary
2. extra-ordinary

Requisites for ordinary prescription:
1. possession in good faith
2. just title
3. within time fixed by law
4 years for movables
8 years for immovables
4. in concept of an owner
5. public, peaceful, uninterrupted

Requisites for extra-ordinary prescription:
1. just title is proved
2. within time fixed by law
10 years for movables
30 years for immovables
3. in concept of an owner
4. public, peaceful, uninterrupted

GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly
transmit ownership
Must exist throughout the entire period required for prescription

JUST TITLE (TRUE & VALID) must be proved & never presumed
a) Titulo Colorado -
b) Titulo putativo -
title must be one which would have been sufficient to transfer ownership if
grantor had been the owner

through one of the modes of transferring ownership but there is vice/defect in
capacity of grantor to transmit ownership


IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
claim that he owns the property


PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in the enjoyment of property


INTERRUPTION
a) Natural
- through any cause, possession ceases for more than 1 year
- if 1 year of less as if no interruption
b) civil
- produced by judicial summons; except
1. void for lack of legal solemnities
2. plaintiff desist from complaint/allow proceedings to lapse
3. possessor is absolved from complaint
b) express or tacit renunciation
c) possession in wartime


RULES IN COMPUTATION OF PERIOD:
a. Present possessor may tack his possession to that of his grantor or predecessor
in interest
b. Present possessor presumed to be in continuous possession I intervening time
unless contrary is proved
c. First day excluded, last day included



TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith use extraordinary
prescription


PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
30 years
- action over immovables from time possession is lost
10 years
- mortgage action
- upon written contract
- upon obligation created by law
- upon a judgement
8 years
- action to recover movables from time possession is lost
6 years
- upon an oral contract
- upon a quasi-contract
5 years
- actions where periods are not fixed by law
4 years
- upon injury to rights of plaintiff
- upon a quasi-delict
1 year
- for forcible entry & detainer
- for defamation

Rights not extinguished by prescription:
1. demand right of way
2. abate public /private nuisance
3. declare contract void
4. recover property subject to expressed trust
5. probate of a will
6. quiet title


DONATION

Characteristics:
a) Unilateral obligation imposed on the donor
b) Consensual perfected at time donor knows of acceptance

Requisites of Donation:
1. Reduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
4. Donor must be owner of property donated

Requirements of a donation:
1. subject matter anything of value; present property & not future, must not impair
legitime
2. causa anything to support a consideration: generosity, charity, goodwill, past
service, debt
3. capacity to donate & dispose & accept donation
4. form depends on value of donation

Kinds of Donation according to Effectivity:


Donation Inter Vivos Donation Mortis Causa
Disposition and acceptance to take effect
during lifetime of donor and donee
Disposition happens upon the death of
donor
Already pertains to the donee unless there
is a contrary intent
Even if there is a term of effectivity and
effectivity is upon the death of the donor,
still entitled to fruits
Formalities required - follow law on
donations and certain kinds of donations &
law on obligations and contracts
(suppletory)
Formalities required - follow law on
succession to be valid, and donation must
be in the form of a will
Irrevocable at the instance of the donor;
may be revoked only by reasons provided
by law
Revocable ad mutuum (exclusive will of
donor)
Revoked only for reasons provided for by
law (except onerous donations)



Acceptance
a) acceptance must be made personally or thru agent
b) donation may be made orally or in writing
movable:
5,000 & below may be oral or written, if oral it must be with
simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 - must be written and accepted also in writing
immovable - must be in a public instrument & acceptance must also be in a
public instrument (in same instrument or in other instrument)

In case of doubt with regards to nature of donation: inter vivos

Badges of mortis causa:
1. Title remains with donor (full or naked ownership)& conveyed only upon death
2. Donor can revoked ad mutuum
3. Transfer is void if transferor survives transfer

Kinds of donation INTER VIVOS
1) pure/simple
2) remuneratory
3) conditional
4) onerous


Pure/Simple Remuneratory Conditional Onerous
a) Consideration
Merits of donee

Liberality or merits of
donee or burden/
charge of past services
provided they do not
constitute demandable
debt

Valuable
consideration is
imposed but value is
less than value of
thing donated

Valuable
consideration
given
b) law to apply/
forms
Law on donations


Law on donations


Extent of burden


Law on
obligations
imposed>oblicon
excess>donation
c) form of
acceptance
Required


Required


Required


Required
d) reservation
w/regards to
personal support
& legitime
Applicable




Applicable




Applicable




Not Applicable
e) warranty
against eviction &
hidden defects
In bad faith only



In bad faith only



In bad faith only



Applies
f) revocation
Applicable

Applicable

Applicable

Applicable

Who may give donations
- All persons who may contract and dispose of their property

Who may accept donations:
1. natural & juridical persons w/c are not especially disqualified by law
2. minors & other incapacitated
a) by themselves
- if pure & simple donation
- if it does not require written acceptance
b) by guardian, legal representatives if needs written acceptance
1. natural guardian not more than 50,000
2. court appointed - more than 50,000
3. conceived & unborn child, represented by person who would have been
guardian if already born

Who are disqualified to donate:
1. guardians & trustees with respect to property entrusted to them
2. husband & wife
3. between paramours/persons guilty of adultery
4. between parties guilty of same criminal offense
5. made to public officers, wife, descendant, ascendant

Other persons disqualified to receive donations:
1. priest who heard confession of donor during his last illness
2. relatives of priest within 4
th
degree, church, order, community where priest
belongs
3. physician, nurse, etc. who took care of donor during his last illness
4. individuals, corporations, associations not permitted

What may be given:
All or part of donors present property provided he reserves sufficient means for
the support of the ff:

a) himself
b) relatives who by law are entitled to his support
c) legitimes shall not be impaired
when w/o reservation or if inofficious, may be reduced on petition of persons
affected
except: conditional donation & donation mortis causa
except: future property

DOUBLE DONATIONS:
Rule: Priority in time, priority in right
1. If movable one who first take possession in good faith
2. If immovable one who recorded in registry of property in good faith
- no inscription, one who first took possession in good faith
- in absence thereof, one who can present oldest title

REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations

With regards to donations made by person without children or descendants at time
of donation:
1. If donor should have legitimate, legitimated or illegitimate children
2. If child came out to be alive & not dead contrary to belief of donor
3. If donor subsequently adopts a minor child

Action for revocation based on failure to comply with condition in case of conditional
donations

Action for revocation by reason of ingratitude
1. Donee commits offense against person, honor, property of donor, spouse,
children under his parental authority
2. Donee imputes to donor any criminal offense or any cat involving moral turpitude
even if he should prove it unless act/crime has been committed against donee
himself, spouse or children under his parental authority
3. Donee unduly refuses to give support to donor when legally or morally bound to
give support to donor


BIRTH OF CHILD NON-FULFILLMENT OF
CONDITION
INGRATITUDE
Ipso jure revocation, no
need for action., court
decision is merely
declaratory
needs court action needs court action
Extent: portion which may
impair legitime of heirs
Extent: whole portion but
court may rule partial
revocation only
Extent: Whole portion
returned
Property must be returned Property in excess Property to be returned



Alienation/mortgages done
prior to recording in
Register of Deeds:
If already sold or cannot be
returned the value must
be returned
If mortgaged donor may
redeem the mortgage with
right to recover from donee



Alienations/mortgages
imposed are void unless
registered with Register of
Deeds



Prior ones are void;
demand value of property
when alienated and cant
be recovered or redeemed
from 3
rd
persons
Fruits to be returned at
filing of action for
revocation
Fruits to be returned at
filing of complainant

Prescription of action is 4
years from birth, etc.
Prescription is 4 years from
non-fulfilment
Prescription is 1 year from
knowledge of fact and it
was possible for him to
bring action
Action cannot be
renounced
Action cannot be
renounced in advance

Right of action transmitted
to heirs
Right of action at instance
of donor but may be
transmitted to heirs
Heirs cant file action
Action extends to donees
heirs
Action does not extend to
donees heirs



Exception to rule on intransmissibility of action with regards to revocation due
to ingratitude:
1. personal to the donor; general rule is heir cannot institute if donor did not institute
2. heirs can only file in the ff cases:
a) donor has instituted proceedings but dies before bringing civil action for
revocation
b) donor already instituted civil action but died, heirs can substitute
c) donee killed donor or his ingratitude caused the death of the donor
d) donor died w/o having known the ingratitude done
e) criminal action filed but abated by death
3. can only make heirs of donee liable if complaint was already filed when donee
died

Inofficious donations:
1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at time of
donation
3. donees/creditors of deceased donor cannot ask for reduction of donation
4. if there are 2 or more donation: recent ones shall be suppressed
5. if 2 or more donation at same time treated equally & reduction is pro rata but
donor may impose preference which must be expressly stated in donation