Civil Law - Property - Memory Aid

San Beda College of Law
26
MEMORY AID IN CIVIL LAW
PROPERTY
PROPERTY
All things which are, or may be the
object of appropriation
Requisites: (USA)
1. utility
2. substantivity or iniviuality
!. appropriability
I.
A. IMMOVABLE PROPERTIES
1. lan, builings, roas an
constructions of all "ins ahere to
the soil#
2. trees, plants an growing fruits,
while they are attache to the lan
or form an integral part of an
immovable#
!. everything attache to an
immovable in a fi$e manner in such
a way that it cannot be separate
therefrom without brea"ing the
material or eterioration of the
object#
%. statues, reliefs, paintings or other
objects for use or ornamentation,
place in builings or on lans by the
owner of the immovable in such a
manner that it reveals the intention
to attach them permanently to the
tenements#
&. machinery, receptacles, instruments
or implements intene by the
owner of the tenement for an
inustry or wor"s which may be
carrie on in a builing or on a piece
of lan, an which ten irectly to
meet the nees of the sai inustry
or wor"s#
'e(uisites)
a. mae by owner
b. inustry or wor"s carrie on
builing or on lan
c. machines, etc must ten irectly
to meet nees of the inustry or
wor"s
. machines, etc. must be essential
an principal elements of the
inustry.
*. animal houses, pigeon+houses,
,. beehives, fishpons or breeing
places of similar nature, in case
their owner has place or preserve
them, with the intention to have
them permanently attache to the
lan, an forming a permanent part
of it# the animals in those places are
inclue#
-. fertili.er actually use on a piece of
lan#
/. mines, (uarries an slag umps,
while the matter thereof forms part
of the be, an waters either
running or stagnant#
10. oc"s an structures which, though
floating, are intene by their
nature an object to remain at a
fi$e place on a river, la"e or coast#
an
11. contracts for public wor"s, an
servitues an other real rights over
immovable property
Categories) (123A)
1. 'eal by nature 4 it cannot be
carrie from place to place
(pars. 1 5 -, Art. %1&, 6ivil
6oe)
2. 'eal by incorporation 4 attache
to an immovable in a fi$e
manner to be an integral part
thereof (pars. 1+! Art. %1&, 6ivil
6oe)
!. 'eal by destination 4 place in a
n immovable for the utility it
gives to the activity carrie
thereon (pars. %+, an / Art.
%1&, 6ivil 6oe)
%. 7y analogy it is so classifie by
e$press provision of law (par. 10,
Art. %1&, 6ivil 6oe)
B.MOVABLE PROPERTIES
1. those movables susceptible of
appropriation which are not inclue
in the preceing article#
2. real property which by any special
provision of law is consiere as
personalty#
!. forces of nature which are brought
uner control of science#
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1ic"! o2 /a3+
27
%. in general, all things which can be
transporte from place to place
without impairment of the real
property to which they are fi$e#
&. obligations an actions which have
for their object movables or
emanable sums# an
*. shares of stoc" of agricultural,
commercial an inustrial entities,
although they have real estate.
TESTS:
a) 7y e$clusion) movables are
everything not inclue in Art. %1&.
b) 7y escription) an object is movable
if it possesses)
1) Ability to change location
2) 8ithout substantial injury to the
immovable to which it is
attache.
Important o!trines"prin!ip#es on
immo$a%#e and mo$a%#e properties:
a) A 7uiling is an immovable even if
not erecte by the owner of the
lan. 9he only criterion is union or
incorporation with the soil. (Ladera
vs. Hodges, 48 O.G. 4374).
b) :arties to a contract may by
agreement treat as personal
properties that which by nature
woul be real property# an it is a
familiar phenomenon to see things
classes as real property for purposes
of ta$ation which on general
principle might be consiere
personal property (Standard Oil Co.
vs. Jaranillo, 44 Phil 63).
c) ;or purposes of attachment an
e$ecution an for purposes of the
6hattel <ortgage =aw, ungathere
proucts have the nature of personal
property. (Si!al vs. "alde#, $% Phil,
$&).
) 9he human boy, whether alive or
ea, is neither real nor personal
property, for it is not even property
at all, in that it generally cannot be
appropriate. Uner certain
conitions, the boy of a person or
parts thereof may be subject matter
of a transaction. (See 'A 1o. !%/, 'A
1o. ,1,0, 'A 1o. ,,1/).
e) 8hat is the effect of temporary
separation of movables from the
immovables to which they have been
attache>
2 ?iews)
1) 9hey continue to be regare
as immovables.
2) ;act of separation etermines
the conition of the objects
thus recovering their conition
as movables.
@ the latter view is supporte by
:aras an 9olentino who maintains
that the failure of the coifiers to
reprouce the provision of the
partias on the matter is an
inication that they i not inten
the rule to continue.
f) A builing that is to be sol or
mortgage an which woul be
immeiately emolishe may be
consiere personal property an the
sale or mortgage thereof woul be a sale
of chattel, or a chattel mortgage
respectively, for the true object of the
contract woul be the materials.
II.
A. PROPERTY O& P'BLIC OMI(IO(
Con!ept: 2t is not owne by the
state but pertains to the state,
which, as territorial sovereign
e$ercises certain juriical
prerogatives over such property. 9he
ownership of such properties is in
the social group, whether national,
provincial or municipal.
Purpose: 9o serve the citi.ens an
not the state as a juriical person.
)inds:
1. 9hose intene for public use
2. 9hose which are not for public
use but intene for public
service
!. 9hose intene for the
evelopment of the national
wealth
CHARACTERISTICS:
1. Autsie the commerce of man
2. 2nalienable. 7ut when no longer
neee for public use or service,
may be eclare patrimonial
property. 2n La'rel vs. Gar(ia
(87 SC)* 7+7), the Supreme
6ourt hel that Bwhether or not
the 'oppongi an relate
properties will eventually be
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sol is a policy etermination
where both the :resient an
6ongress must concurC.
!. 6annot be ac(uire by
prescription
%. 1ot subject to attachment or
e$ecution
&. 6annot be burene with
easements
(OTE: 9hey cannot be registere uner
the lan registration law an be the
subject of a 9orrens title. 9he character
of public property is not affecte by
possession or even a 9orrens 9itle in
favor of private persons. (Palan(a vs.
Co,,on-ealth, 6+ Phil. 44+).
B. PATRIMO(IAL PROPERTY O& T*E
STATE
:roperty of the State owne by it in
its private or proprietary capacity.
the state has the same rights over
this "in of property as a private
iniviual in relation to his own
private property
C. PROPERTY O& LOCAL +OVER(ME(T
'(ITS ,L+'s-
1. :roperty for public use 4 consist of
roas, streets, s(uares, fountains,
public waters, promenaes an
public wor"s for public service pai
for by the =DUs
2. :atrimonial :roperty 4 all other
property possesse by =DUs without
prejuice to provisions of special
laws
(OTE: 2n the case of Provin(e o.
/a,!oanga 0el 1orte vs. Cit2 o.
/a,!oanga, the Supreme 6ourt
categorically state that Bthis court is
not incline to hol that municipal
property hel an evote to public
service is in the same category as
orinary private property. 9he
classification of municipal property
evote for istinctly governmental
purposes as public shoul prevail over
the 6ivil 6oe in this particular caseC.
Eere, the =aw of <unicipal 6orporations
was consiere as a special law in the
conte$t of Article %2% of the 166.
D. PROPERTY O& PRIVATE O.(ERS*IP
refers to all property belonging to
private persons either iniviually or
collectively an those belonging to
the State an any of its political
subivisions which are patrimonial in
nature
<uebles or furniture generally has
for its principal object the furnishing
or ornamenting of a builing. 1ote
that there are e$ceptions to this
efinition an are generally not
inclue as furniture unless the law
or the iniviualFs eclaration
inclue them.
O.(ERS*IP
9he right to enjoy, ispose, an
recover a thing without further
limitations than those establishe by
law or the will of the owner.
Rig/ts in!#uded:
1. 'ight to enjoy) (:U;A)
a) to possess (jus possieni)
b) to use (jus uteni)
c) to the fruits (jus frueni)
an accessions
) to abuse (jus abuteni)
2. 'ight to ispose) (3A9G)
a) to estroy
b) to alienate
c) to transform
) to encumber
!. 'ight to vinicate) (':)
a) pursuit
b) recovery
%. 'ight to e$clue) (G')
a) to enclose, fence an elimit
b) to repel intrusions even with
force
C/ara!teristi!s: (GDG2:)
1. Awnership is E#asti! 4 powerHs may
be reuce an thereafter
automatically recovere upon the
cessation of the limiting rights.
2. +enera# 4 the right to ma"e use of
all the possibilities or utility of the
thing owne, e$cept those attache
to other real rights e$isting thereon.
!. E0!#usi$e 4 there can only be one
ownership over a thing at a time.
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9here may be two or more owners
but A1=I A1G ownership.
%. Independen!e 4 2t e$ists without
necessity of any other right
&. Perpetuit1 4 ownership lasts as long
as the thing e$ists. 2t cannot be
e$tinguishe by non user but only by
averse possession.
Limitations:
1. Deneral limitations impose by the
State for its benefit
2. Specific limitations impose by law
3. =imitations impose by the party
transmitting the property either by
contract or by will
4. =imitations impose by the owner
himself
5. 2nherent limitations arising from
conflict with other rights
e &a!to !ase o2 Eminent omain
e$propriation resulting from the
actions of nature as in one case
where lan becomes part of one sea.
9he owner loses his property in favor
of the state without any
compensation.
Prin!ip#e o2 Se#23*e#p
right of the owner or lawful
possessor to e$clue any person from
the enjoyment an isposal of the
property by the use of such force as
may be necessary to repel or prevent
actual or threatene unlawful
physical invasion or usurpation of his
property.
Requisites: ('A1A)
1. reasonable force
2. owner or lawful possessor is the
person who will e$ercise
3. no elay in oneFs e$ercise
4. actual or threatene physical
invasion or usurpation
G313)*L )4L35 A person cannot
interfere with the right of ownership of
another.
36C3P78O15 o!trine o2 In!omp#ete
Pri$i#ege or State o2 (e!essit1 (Article
%!2)
Requisites: (23)
1. Interference necessary
2. amage to another much greater
than amage to property
LE+AL REMEIES TO RECOVER
POSSESSIO( O& O(E4S PROPERTY
1. :ersonal property) 'eplevin
REPLEVI( + remey when the
complaint prays for the recovery of
the possession of personal property.
2. 'eal :roperty)
a. A662A1 219G'3269A=
(ature: summary action to
recover physical or material
possession only. 2t consists of
the summary actions of)
5. &or!i%#e entr1
Action for recovery of
material possession of real
property when a person
originally in possession was
eprive thereof by force,
intimiation, strategy, threat
or stealth
6. 'n#a72u# etainer
Action for recovery of
possession of any lan or
builing by lanlor, venor,
venee, or other person
against whom the possession
of the same was unlawfully
withhel after the e$piration
or termination of the right to
hol possession, by virtue of
any contract.
;orcible Gntry Unlawful
3etainer
*s to -hen 9ossession !e(a,e
'nla-.'l
:ossession of the
efenant is
unlawful from the
beginning as he
ac(uires
possession by
;orce,
intimiation,
strategy, threat or
stealth
:ossession is
inceptively lawful
but becomes illegal
from the time
efenant
unlawfully
withhols
possession after
the e$piration or
termination of his
right thereto.
*s to the ne(essit2 o. de,and
1o previous
eman for the
efenant to
vacate is
necessary
3eman is
jurisictional if the
groun is non+
payment of rentals
or failure to
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comply with the
lease contract
*s to ne(essit2 o. 9roo. o. 9rior
9h2si(al 9ossession
:laintiff must
prove that he was
in prior physical
possession of the
premises until he
was eprive
thereof by the
efenant
:laintiff nee not
have been in prior
physical possession
*s to -hen the 2ear 9eriod is (o'nted
.ro,
1 year perio is
generally counte
from the ate of
actual entry on
the lan
1 year perio is
counte from the
ate of last
eman or last
letter of eman
b. A662A1 :U7=262A1A
(ature: Arinary civil
proceeing to recover the better
right of possession, e$cept in
cases of forcible entry an
unlawful etainer. 9he involve
is not possession e facto but
possession e jure.
c. A662A1 'G2?21326A9A'2A
(ature: action to recover real
property base on ownership.
Eere, the object is the recovery
of the ominion over the
property as owner.
Requisites:
1. 2entity of the :roperty
2. :laintiffFs title to the
property
Sur2a!e Rig/ts
9he owner of parcel of lan is the
owner of its surface an everything
uner it.
9he economic utility which such
space or subsoil offers to the owner
of the surface sets the limit of the
ownerFs right to the same.
*IE( TREAS'RE
e2inition) any hien or un"nown
eposit of money, jewelry or other
precious objects, the lawful
ownership of which oes not appear.
G313)*L )4L35 2t belongs to the
owner of the lan, builing or other
property on which it is foun.
36C3P78O1S5 9he finer is entitle to
J provie)
1. 3iscovery was mae on the
property of another, or of the
state or any of its political
subivisions#
2. 9he fining was mae by chance#
3. 9he finer is not a co+owner of
the property where it is foun#
4. 9he finer is not a trespasser#
5. 9he finer is not an agent of the
lanowner#
6. 9he finer is not marrie uner
the absolute community or the
conjugal partnership system
(otherwise his share belongs to
the community).
ACCESSIO(
9he right by virtue of which the
owner of a thing becomes the owner
of everything that it may prouce or
which may be inseparably unite or
incorporate thereto, either
naturally or artificially.
C#assi2i!ations:
1. *((ession 0is(reta 4 the right
pertaining to the owner of a thing over
everything prouce thereby
)inds o2 &ruits
a. natural fruits 4 spontaneous
proucts of the soil an the
young an other proucts of
animals
b. inustrial fruits 4 those prouce
by lans of any "in through
cultivation or labor
c. civil fruits 4 rents of builings,
price of leases or lans an the
amount of perpetual or life
annuities or other similar income
G313)*L )4L35 9o the owner
belongs the natural, inustrial, an
civil fruits.
36C3P78O1S5 2f the thing is)
,P'LA-
a) in possession of a possessor in
goo faith#
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b) subject to a usufruct#
c) #ease or plege# or
) in possession of an antichretic
creitor
2. *((ession Contin'a 4 the right
pertaining to the owner of a thing over
everything that is incorporate or
attache thereto either naturally or
artificially# by e$ternal forces.
a. 8ith respect to rea# propert1
i. a((ession ind'strial
builing, planting or sowing
ii. a((ession nat'ral
alluvium, avulsion, change
of river course, an
formation of islans
%. 8ith respect to persona#
propert1
i. ajunction or conjuction
ii. commi$tion or confusion
iii specification
Basi! Prin!ip#es: (DA1G 7A3)
1. Ee who is in g oo faith may be hel
responsible but will not be
penali.e.
2. 9o the o wner of a thing belongs the
e$tension or increase of such thing.
3. 7a faith of one party n eutrali.es
the ba faith of the other.
4. 9here shoul be no unjust
e nrichment at the e$pense of
others.
5. B a faith involves liability for
amages.
6. A ccessory follows the principal.
7. Accession e$ists only if the
incorporation is such that separation
woul either seriously d amage the
thing or iminish its value.
Rig/t o2 A!!ession 7it/ respe!t to
Immo$a%#e Propert1
(OTE: See 9A7=GS
Important o!trines"Prin!ip#es:
a) Uner Art %%-, the lanowner may
not refuse both to pay for the
builing an to sell the lan an
instea see" to compel the owner of
the builing to remove the builing
from the lan. Ee is entitle to such
removal A1=I when, after having
chosen to sell the lan, the other
party fails to pay for sai lan.
(8gna(io vs. Hilario, 76 Phil. 6%$)
!) Shoul no other arrangement be
agree upon, the owner of the lan
oes not automatically become the
owner of the improvement.
(:ili9inas Colleges, 8n(. vs. 7i,!ang,
%6 Phil. &47)
() Article %%- is not applicable where a
person constructs a house on his own
lan an then sells the lan, not the
builing. (Coleong(o vs. )egalado,
&7 Phil 387)
d) Article %%- oes not apply to cases
which are governe by other
provisions of law such as co+
ownership, usufruct, agency, lease.
e) 9he provision on inemnity in Art.
%%- may be applie by analogy
consiering that the primary intent
of the law is to avoi a state of
force co+ownership especially
where the parties in the main agree
that Articles %%- an &%* are
applicable an inemnity for the
improvements may be pai although
they iffer as to the basis of the
inemnity. (Pe(son vs. C* &44 SC)*
4%7).
ACCESSIO( (AT'RAL
1. Alluvion or alluvium 4 increment
which lans abutting rivers graually
receive as a result of the current of
the waters.
Con!ept: it is the graual
eposit of seiment by the
natural action of a current of
fresh water (not sea water, the
original ientity of the eposit
being lost.
Requisites:
a)the eposit be graual an
imperceptible
b) that it be mae through the
effects of the current of the
water
c)that the lan where accretion
ta"es place is ajacent to the
ban"s of the river.
(OTES:
9he owners of the lans ajoining
CIVIL LAW COMMITTEE
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the ban"s of the river (riparian
lans) shall own the accretion which
they graually receive.
Accretion operates ipso jure.
Eowever, the aitional area is not
covere by a 9orrens title an the
riparian owner must register the
aitional area.
o!trines:
a) 8here the eposit is by sea
water, it belongs to the state
b) A graual change of be is also
governe by the rules of
alluvium (Canas vs. 7'ason $
Phil. 68+)
2. Avulsion 4 the transfer of a "nown
portion of lan from one tenement
to another by the force of the
current. 9he portion of lan must be
such that it can be ientifie as
coming from a efinite tenement.
Requisites:
a) 9he segregation an transfer
must be cause by the current of
a river, cree" or torrent.
b) 9he segregation an transfer
must be suen or abrupt
c) 9he portion of lan transporte
must be "nown or ientifie
(OTES:
9he owner must remove the
transporte portion within two years
to retain ownership
2n case of uproote trees, the owner
retains ownership if he ma"es a
claim within * months. 9his refers
only to uproote trees an oes not
inclue trees which remain plante
on a "nown portion of lan carrie
by the force of the waters. 2n this
latter case, the trees are regare
as accessions of the lan through
graual changes in the course of
ajoining stream. (Pa2atas vs.
7'a#on)
'egistration uner the 9orrens
system oes not protect the riparian
owner against iminution of the area
of his lan through graual changes
in the course of ajoining stream
(Pa2atas vs. 7'a#on).
A##u$ium A$u#sion
1. graual an
imperceptible
1. suen or
abrupt process
2. soil cannot be
ientifie
2. ientifiable an
verifiable
!. belongs to the
owner of the
property to which
it is attache
!. belongs to the
owner from whose
property it was
etache
%. merely an
attach+ment
%. etachment fol+
lowe by
attachment
!. Change of course of rivers
Requisites:
a) 9here must be a natural change
in the course of the waters of
the river
b) 9he change must be abrupt or
suen
(OTES:
Ance the river be has been
abanone, the owners of the
invae lan become owners of the
abanone be to the e$tent
provie by this article. 1o positive
act is neee on their part, as it is
subject thereto ipso jure from the
moment the moe of ac(uisition
becomes evient.
2t oes not apply to cases where the
river simply ries up because there
are no persons whose lans are
occupie by the waters of the river.
%. Formation of Islands
'U=GS A1 A81G'SE2:
a. 8. .or,ed !2 the sea5
1) within territorial waters +
State
2) outsie territorial waters 4
to the first occupant
!. 8. .or,ed in la;es, or naviga!le
or .loata!le rivers < State
(. 8. .or,ed on non<naviga!le or
non<.loata!le rivers5
1) if nearer to one margin or
ban" 4 to the nearer reparian
owner
2) if e(uiistant from both
ban"s+ to the reparian
owners, by halves.
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(OTE: 9here is no accession when
islans are forme by the branching of a
river# the owner retains ownership of the
isolate piece of lan.
Rig/t o2 A!!ession 7it/ respe!t to
mo$a%#e propert1
Basi! Prin!ip#e: Accession e$ists
only if separation is not feasible.
Atherwise, separation may be
emane.
)I(S ,a!!ession !ontinua as to
mo$a%#es-:
1. Adjunction
the union of two things
belonging to ifferent owners, in
such a manner that they cannot
be separate without injury,
thereby forming a single object.
Requisites
a) the two things must belong to
ifferent owners
b) that they form a single object,
or that their separation woul
impair their nature
)inds:
a. inclusion or engraftment
b. solaura or solering
c. escritura or writing
. pintura or painting
e. tejio or weaving
Tests to determine rincial:
a. the =r'le o. i,9ortan(e and
9'r9ose
b. that of greater value
c. that of greater volume
d. that o. greater ,erits
Ru#es:
a) Ajunction in goo faith by either
owner)
G313)*L )4L3) accessory follows
the principal.
36C3P78O1S if the accessory is
much more precious than the
principal, the owner of the accessory
may eman the separation even if
the principal suffers some injury
b) Ajunction in ba faith by the
owner of the principal
option of the owner of the
accessory)
i) to recover the value plus
amages
ii) to eman separation plus
amages
c) Ajunction in ba faith by the
owner of the accessory
i) he loses the accessory
ii) he is liable for amages
./en separation o2 t/ings
a##o7ed:
a. separation without injury
b. accessory is more precious
than the principal
c. owner of the principal acte
in ba faith
!. "i#ture
Union of materials where the
components lose their ientity.
)inds:
a. 6ommi$tion 4 mi$ture of
solis
b. 6onfusion 4 mi$ture of
li(uis
Ru#es:
a. 7y the will of both owners or by
accient) each owner ac(uires
an interest in proportion to the
value of his material
b. 7y one owner in goo faith)
apply rule(a)
c. 7y one owner in ba faith)
i) he loses all his rights to his
own material
$. Secification
2t is the transformation of anotherFs
material by the application of labor.
9he material becomes a thing of
ifferent "in.
=abor is the principal
Ru#es:
a) Awner of the principal (wor"er)
in goo faith)
i) ma"er ac(uires the new
thing
ii) he must inemnify the owner
of the material
36C3P78O1) if the material is
more valuable than the resulting
thing, the owner of the material
has the option)
1) to ac(uire the wor",
inemnifying for the labor,
CIVIL LAW COMMITTEE
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#
or
2) to eman inemnity for the
material
b) owner of the principal (wor"er)
in ba faith) the owner of the
material has the option)
i) to ac(uire the result without
inemnity
ii) to eman inemnity for the
material plus amages
c) Awner of the material in ba
faith
i) he loses the material
Ad8un!tion Mi0ture Spe!i2i!ation
1. 2nvolves
at least 2
things
2nvolves at
least 2
things
<ay involve
one thing (or
more) but
form is
change
2. Accessory
follows the
principal
6o+
ownership
results
Accessory
follows the
principal
!. 9hings
joine retain
their nature
9hings
mi$e or
confuse
may either
retain or
lose their
respective
natures
9he new
object retains
or preserves
the nature of
the original
object.
9'IETI(+ O& TITLE
2t is an e(uitable action in rem to
etermine the conition of the
ownership or the rights to
immovable property, an remove
oubts thereon.
Requisites:
1. plaintiff must have a legal or
e(uitable title to, or interest in the
real property which is the subject
matter of the action#
2. there must be a clou in such title#
3. such clou must be ue to some
instrument, recor, claim,
encumbrance or proceeing which is
apparently vali but is in truth
invali, ineffective, voiable or
unenforceable, an is prejuicial to
the plaintiffFs title# an
4. plaintiff must return to the
efenant all benefits he may have
receive from the latter, or
reimburse him for e$penses that may
have reoune to his benefit.
Pres!ripti$e Period:
1. plaintiff in possession 4
imprescriptible
2. plaintiff not in possession 4 10
(orinary) or !0 years
(e$traorinary)
Action to (uiet
title
Action to remove
a clou on
title
P'RPOSE
to put an en to
troublesome
litigation in
respect to the
property involve
to remove a
possible founation
for a future hostile
claim
(AT'RE O& T*E ACTIO(
remeial action
involving a present
averse claim
:reventive action
to prevent a future
clou on the title
T/e a!tion to quiet tit#e does not
app#1:
a) to (uestions involving
interpretation of ocuments
b) to mere written or oral assertions
of claims# GK6G:9)
i) if mae in a legal proceeing
ii) if it is being asserte that
the instrument or entry in
plaintiffFs favor is not what it
purports to be
c) to bounary isputes
) to ees by strangers to the title
U1=GSS purporting to convey the
property of the plaintiff
e) to instruments invali on their
face
f) where the valiity of the
instrument involves pure
(uestions of law
Ruinous Bui#dings and Trees in anger
o2 &a##ing:
As to builings 4 the owners is
oblige to emolish or e$ecute
necessary wor" to prevent the
builing from falling. Shoul he fail
to o so, the authorities shall orer
its emolition at the e$pense of the
CIVIL LAW COMMITTEE
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$
owner, or ta"e measures to insure
public safety.
9he complainant must show that his
property is ajacent to the
angerous construction, or must
have to pass by necessity in the
immeiate vicinity.
9he owner is responsible for
amages to others ue to lac" of
necessary repairs. Eowever, if the
amage is cause by efects in the
construction, then the builer is
responsible for the amages.
CO3O.(ERS*IP
e2inition: the right of common
ominion which two or more persons
have in a spiritual part of a thing
which is not physically ivie.
Con!ept: co+ownership e$ists where
the ownership of a thing physically
univie pertains to more than one
person.
C/ara!teristi!s:
a)plurality of subjects (the co+
owners)
b) there is a single object which is
not materially ivie
c)there is no mutual representation
by the co+owners
) it e$ist for the common
enjoyment of the co+owners
e) it has no istinct legal
personality
f) it is governe first of all by the
contract of the parties#
otherwise, by special legal
provisions, an in efault of such
provisions, by the provisions of
9itle 222 on co+ownership
Sour!es:
1. =aw
2. 6ontract
!. 6hance
%. Accupation
&. Succession
*. 9estamentary isposition or
onation inter vivos
Co3o7ners/ip Partners/ip
1. 6an be create
without the
formalities of a
contract
1. 6an be create
only by contract,
e$press or implie
2. Eas no juriical or
legal personality
2. Eas juriical
personality istinct
from the partners
!. :urpose is
collective enjoyment
of the thing
!. :urpose is to
obtain profits
%. 6o+owner can
ispose of his shares
without the consent
of the others with
the
transferee
automatically
becoming a co+owner
%. A partner, unless
authori.e cannot
ispose of his share
an substitute
another as a partner
in his place
&. 9here is no mutual
representation
&. A partner can
generally bin the
partnership
*. 3istribution of
profits must be
proportional to the
respective interests
of the co+owners
*. 3istribution of
profits is subject to
the stipulation of the
parties
,. A co+ownership is
not issolve by the
eath or incapacity
of a co+owner
,. 3eath or
incapacity issolves
the partnership
-. no public
instrument neee
even if real property
is the object of the
co+ownership
-. <ay be mae in
any form e$cept
when real property is
contribute
/. An agreement to
"eep the thing
univie for a
perio of more than
10 years is voi
/. 9here may be
agreement as to a
efinite term without
limit set by law
Ru#es:
1. Rig/ts o2 ea!/ !o3o7ner as to t/e
t/ing o7ned in !ommon: US7'A:+
=3:
a) 9o use the thing owne in
common
Limitations:
i) use accoring to the purpose
for which it was intene
ii) interest of the co+ownership
must not be prejuice
iii) other co+owners must not be
prevente from using it
accoring to their own
rights
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b) 9o share in the benefits an
charges in proportion to the
interest of each.
(OTE: Any stipulation to the
contrary is voi.
c) 9o the benefits of prescription)
prescription by one co+owner
benefits all.
) 'epairs an ta$es) to compel the
others to share in the e$penses
of preservation even if incurre
without prior notice.
(OTE: 9he co+owner being
compelle may e$empt himself from
the payment of ta$es an e$penses
by renouncing his share e(uivalent
to such ta$es an e$penses. 9he
value of the property at the time of
the renunciation will be the basis of
the portion to be renounce.
e) Alterations) to oppose
alterations mae without the
consent of all, even if beneficial.
(OTES:
Alteration is an act by virtue of
which a co+owner changes the
thing from the state in which the
others believe it shoul remain,
or withraws it from the use to
which they esire it to be
intene.
G$penses to improve or
embellish are ecie by the
majority
f) 9o protest against seriously
prejuicial ecisions of the
majority
g) =egal reemption) to be
e$ercise within !0 ays from
written notice of sale of an
univie share of another co+
owner to a stranger
h) 9o efen the co+ownershipFs
interest in court
i) 9o eman partition at any time
Partition is the ivision
between 2 or more persons of
real or personal property which
they own in common so that
each may enjoy an possess his
sole estate to the e$clusion of
an without interference from
others
G313)*L )4L35 :artition is
emanable by any of the co+
owners as a matter of right at
any time.
36C3P78O1S)
1) 8hen there is a stipulation
against it# but not to e$cee
10 years.
2) 8hen the conition of
inivision is impose by the
onor or testator# but not to
e$cee 20 years.
!) 8hen the legal nature of the
community prevents
partition.
%) 8hen partition woul rener
the thing unserviceable.
&) 8hen partition is prohibite
by law
*) 8hen another co+owner has
possesse the property as
e$clusive owner for a perio
sufficient to ac(uire it by
prescription.
6. T/e 2o##o7ing questions are
go$erned %1 t/e ma8orit1 o2
interests:
a) <anagement
<inority may appeal to the court
against the majorityFs ecision if
the same is seriously prejuicial.
b) Gnjoyment
c) 2mprovement or embellishment
:. Rig/ts as to t/e idea# s/are o2 ea!/
!o3o7ner:
a) Gach has full ownership of his part
an of his share of the fruits an
benefits
b) 'ight to substitute another person
its enjoyment, GK6G:9 when
personal rights are involve
c) 'ight to alienate, ispose or
encumber
) 'ight to renounce part of his
interest to reimburse necessary
e$penses incurre by another co+
owner
e) 9ransactions entere into by each
co+owner only affect his ieal
share.
E;TI(+'IS*ME(T O& CO3O.(ERS*IP
(6A=S9G:)
1. !onsoliation or merger in one co+
CIVIL LAW COMMITTEE
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7
owner
2. ac(uisitive prescription in favor of a
thir person or a co+owner who
repuiates the co+ownership
!. #oss or estruction of property co+
owne
%. sale of property co+owne
&. termination of perio agree upon
by the co+owners
*. e$propriation
,. juicial or e$tra+juicial partition
CO(OMI(I'M ACT ,R.A. (O. <=6>-
CO(OMI(I'M
an interest in real property
consisting of a separate interest in a
unit in a resiential, inustrial or
commercial builing an an
univie interest in common,
irectly or inirectly, in the lan on
which it is locate an in other
common areas of the builing.
Any transfer or conveyance of a unit
or an apartment, office or store or
other space therein, shall inclue
transfer or conveyance of the
univie interest in the common
areas or, in a proper case, the
membership or shareholings in the
conominium corporation) provie,
however, that where the common
areas in the conominium project
are hel by the owners of separate
units as co+owners thereof, no
conominium unit therein shall be
conveye or transferre to persons
other than ;ilipino citi.ens or
corporations at least *0L of the
capital stoc" of which belong to
;ilipino citi.ens, e$cept in cases of
hereitary succession.
G313)*L )4L35 6ommon areas shall
remain univie, an there shall be no
juicial partition thereof)
36C3P78O1S5
1. 8hen the project has not been
rebuilt or repaire substantially to
its state prior to its amage or
estruction ! years after amage or
estruction which renere a
material part thereof unfit for use#
2. 8hen amage or estruction has
renere J or more of the units
untenantable an that the
conominium owners holing more
than !0L interest in the common
areas are oppose to restoration of
the projects#
!. 8hen the project has been in
e$istence for more than &0 years,
that it is obsolete an uneconomic,
an the conominium owners holing
in aggregate more than &0L interest
in the common areas are oppose to
restoration, remoeling or
moerni.ing#
%. 8hen the project or a material part
thereof has been conemne or
e$propriate an the project is no
longer viable, or that the
conominium owners holing in
aggregate more than ,0L interest in
the common areas are oppose to
the continuation of the conominium
regime#
&. 8hen conitions for partition by sale
set forth in the eclaration of
restrictions uly registere have
been met.
.ATERS
C#assi2i!ation
a) 8aters public per se (water is the
principal# the be follows the
character of the water (See Arts.
&02 M1N an &02 M2N)
b) 8aters public or private accoring
to their be (water is accessory to
be)
c) 8aters public by special provision
POSSESSIO(
Con!ept: the material holing or
control of a thing or the enjoyment
of a right.
Requisites:
1. occupancy, apprehension, or ta"ing
2. eliberate intention to possess
!. by virtue of ones own right
egrees:
1. possession without any title
whatsoever
2. possession with juriical title
3. possession with just title sufficient
to transfer ownership
4. possession with a title in fee simple
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C#asses:
a) 2n oneFs own name 4 where possessor
claims the thing for himself
b) 2n the name of another 4 for whom
the thing is hel by the possessor
c) 2n the concept of owner 4 possessor
of the thing or right , by his actions,
is consiere or is believe by other
people as the owner, regarless of
the goo or ba faith of the
possessor
) 2n the concept of holer 4 possessor
hols it merely to "eep or enjoy it,
the ownership pertaining to another
person# possessor ac"nowleges in
another a superior right which he
believes to be ownership.
1A9G) 1one of these holers assert a
claim of ownership in himself over the
thing but they may be consiere as
possessors in the concept of owner, or
uner claim of ownership, with respect
to the right they respectively e$ercise
over the thing.
e) 2n goo faith 4 possessor is not aware
that there is in his title or moe of
ac(uisition a efect that invaliates
it
Requisites:
1. Astensible title or moe of
ac(uisition
2. ?ice or efect in the title
!. :ossessor is ignorant of the
vice or efect an must have
an honest belief that the
thing belongs to him
(OTE: Dross an ine$cusable ignorance
of the law may not be the basis of goo
faith, but possible, e$cusable ignorance
may be such basis. (>asilag vs )o?'e, 6+
PH8L &7)
f) 2n ba faith 4 possessor is aware of
the invaliating efect in his own
title.
(OTES:
Anly personal "nowlege of the flaw
in oneFs title or moe of ac(uisition
can ma"e him a possessor in ba
faith. 2t is not transmissible even to
an heir.
:ossession in goo faith ceases from
the moment efects in his title are
mae "nown to the possessor. 9his
interruption of goo faith may ta"e
place at the ate of summons or that
of the answer if the ate of
summons oes not appear. Eowever,
there is a contrary view that the
ate of summons may be insufficient
to convince the possessor that his
title is efective.
Presumptions in 2a$or o2 possessor:
1. of goo faith
2. of continuity of initial goo faith
!. of enjoyment in the same character
in which possession was ac(uire
until the contrary is prove
%. of non+interruption in favor of the
present possessor
&. of continuous possession by the one
who recovers possession of which he
was wrongfully eprive
*. of e$tension of possession of real
property to all movables containe
therein
O%8e!t o2 possession:
G313)*L )4L35 All things an rights
susceptible of being appropriate
36C3P78O1S5
1. 'es communes
2. :roperty of public ominion
!. 3iscontinuous servitues
%. 1on+apparent servitues
A!quisition o2 possession:
Manner
1. <aterial occupancy of the thing
2. Subjection to the action of our will
!. :roper acts an legal formalities
establishe for ac(uiring such right.
Con2#i!ts %et7een se$era# !#aimants:
G313)*L )4L35 :ossession cannot be
recogni.e in two ifferent personalities
e$cept in case of co+possession when
there is no conflict
Criteria in case of disute:
1. presentHactual possessor shall be
preferre
2. if there are two possessors, the one
longer in possession
3. if the ates of possession are the
same, the one with a title
4. if all the above are e(ual, the fact
of possession shall be juicially
etermine, an in the meantime,
CIVIL LAW COMMITTEE
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9
the thing shall be place in juicial
eposit
Su%8e!t Possessor in
good 2ait/
Possessor
in %ad
2ait/
a. ;ruits
gathere
a. to possessor a. to owner
b.
6ultivation
G$penses of
gathere
fruits
b. not
reimburse to
possessor
b.
reimburse
to possessor
c. ;ruits
pening
an
charges
c. prorate
accoring to
time
c. to owner
.
:rouction
e$penses of
pening
fruits
. inemnity
pro rata to
possessor
(ownerFs
option)
i. in money,
or
ii. by
allowing full
cultivation
an
gathering of
all fruits
. no
inemnity
e.
1ecessary
e$penses
e. reimburse
to possessor#
retention
e.
reimburse
to
possessor#
no
retention
f.. Useful
e$penses
f. reimburse
to possessor
(ownerFs
option)
i. initial cost
ii. plus value
may remove
if no
reimburse+
ment, an no
amage is
cause to the
principal by
the removal
f. no
reimbursem
ent
g.
Arnamen+
tal
e$penses
g. reimburse+
ment at
ownerFs
option)
i. removal if
no injury, or
ii. cost
without
removal
g. ownerFs
option)
i.
removal, or
ii. value
at time of
recovery
h. 9a$es
an
charges
i. on
capital
ii. on
fruits
iii.
charges
h. ta$es an
charges
i. charge to
owner
ii. charge to
possessor
iii. prorate
h. ta$es
an charges
i. charge
to owner
ii. charge
to owner
iii. to
owner
i. 2mprove+
ments no
longer
e$isting
i. no
reimburse+
ment
i. no
reimburse+
ment
j. =iability
for
acciental
loss or
eteriorati
on
j. only if
acting with
frauulent
intent or
negligence,
after summons
j. liable in
every case
".
2mprove+
ments ue
to time or
nature
". to owner
or lawful
possessor
". to
owner or
lawful
possessor
Possession o2 mo$a%#es
:ossession of movables in goo faith
is e(uivalent to title.
Requisites:
a) possession is in goo faith
b) the owner has voluntarily parte
with the possession of the thing
c) possessor is in the concept of
owner
Ane who has lost or has been
unlawfully eprive of it , may
recover it from whomsoever
possesses it, orinarily, without
reimbursement.
o!trines:
a) owner of the thing must prove (1)
ownership of the thing an (2) loss or
unlawful eprivation# or ba faith of
the possessor
b) 8here the owner acts negligently or
voluntarily parts with the thing
owne, he cannot recover it from
the possessor
c) 9he owner may recover the movable
in case of loss or involuntary
eprivation# but must reimburse the
price pai if possessor ac(uire the
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thing in goo faith an at a public
sale.
%oss of ossession:
1. 7y the will of the possessor
a) Abanonment
b) 9ransfer or conveyance
2. Against the will of the possessor
a) Gminent omain
b) Ac(uisitive prescription
c) Ouicial ecree in favor of better
right
) :ossession of another for more
than one year
(OTE: this refers to possession e
facto where the possessor loses the
right to a summary action# but he
may still bring action publiciana or
reivinicatoria
e) 7y reason of the object
i. estruction or total loss of
the things
ii. withrawal from commerce
'S'&R'CT
gives a right to enjoy the property of
another with the obligation of
preserving its form an substance,
unless the title constituting it or the
law otherwise provies.
C/ara!teristi!s:
a. 'eal right
b. Af temporary uration
c. 9o erive all avantages from
the thing ue to normal
e$ploitation
. may be constitute on real or
personal property, consumable
or non+consumable, tangible or
intangible, the ownership of
which is veste in another
e. transmissible
G313)*L )4L35 Usufructuary is boun
to preserve the form an substance of
the thing in usufruct.
36C3P78O15 Abnormal usufruct
whereby the law or the will of the
parties may allow the moification of
the substance of the thing.
'su2ru!t Lease
1. Always a real
right
1.Denerally a
personal right
2. :erson creating 2. =essor may not
the usufruct shoul
be the owner or his
uly authori.e
agent
be the owner
!. <ay be create
by law, by contract,
by will of the
testator, or by
prescription
!.Denerally create
by contract
%. As a rule,
usufruct covers all
the fruits an all
the uses an
benefits of the
entire property
%.=ease generally
refers to uses only
&. 2nvolves a more
or less passive
owner who allows
the usufructuary to
enjoy the object
given in usufruct
&. =ease involves a
more active owner
or lessor who ma"es
the lessee to enjoy
*. :ays for orinary
repairs an ta$es on
the fruits
*.=essee is not
generally uner
obligation to
unerta"e repairs or
pay ta$es
Secial &sufructs
a) of pension or income (Art &,0)
b) of property owne in common (Art.
&-2)
c) of cattle (livestoc") (Art. &/1)
) on vineyars an woolans (Art.
&,&+&,*)
e) on a right of action (Art. &,-)
f) on mortgage property (Art. *00)
g) over the entire patrimony (Art.
&/-)
h) over things which graually
eteriorate (Art. &,!)
i) of consumable property (Art &,%)
Rig/ts o2 t/e 'su2ru!tuar1
1. As to the thing and its fruits
a. 9o receive an benefit from the
fruits
b. 9o enjoy any increase through
accessions an servitues
c. 9o the half of the hien
treasure he accientally fins
. 9o lease the thing, generally, for
the same or shorter perio as
the usufruct.
e. 9o improve the thing without
altering its form an substance
f. 'ight to set+off the
improvements he may have
CIVIL LAW COMMITTEE
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mae on the property against
any amage to the same
g. 9o retain the thing until he is
reimburse for avances for
e$traorinary e$penses an
ta$es on the capital
h. 9o collect reimbursements from
the owner for inispensable
e$traorinary repairs, ta$es on
the capital he avance, an
amages cause to him.
i. 9o remove improvements mae
by him if the same will not
injure the property
!. As to the usufruct itself
a. 9o mortgage the right of usufruct
e$cept parental usufruct
b. 9o alienate the usufruct
O%#igations o2 t/e usu2ru!tuar1:
1. 'efore e#ercising the usufruct:
a. 9o ma"e an in$entor1 of the
property
b. 9o give a %ond, 36C3P7
1) when no prejuice woul
result
2) when the usufruct is
reserve by the onor or
parents
!) in cases of !au!ion 8uratoria
where the usufructuary,
being unable to file the
re(uire bon or security,
files a verifie petition in
the proper court as"ing for
the elivery of the house an
furniture necessary for
himself an his family
without any bon or security.
ta"es an oath to ta"e
care of the things an
restore them
property cannot be
alienate or encumbere
or lease because this
woul mean that the
usufructuary oes not
nee it.
(OTE: E22e!ts o2 2ai#ure to post
%ond:
1. owner shall have the following
options)
a. receivership of realty, sale of
movables, eposit of
securities, or investment of
money# A'
b. retention of the property as
aministrator
2. the net prouct shall be
elivere to the usufructuary
!. usufructuary cannot collect
creits ue or ma"e investments
of the capital without the
consent of the owner or of the
court until the bon is given.
2. (uring the usufruct:
a. 9o ta"e care of the property
b. 9o replace with the young
thereof animals that ie or are
lost in certain cases when the
usufruct is constitute on floc"
or her of livestoc"
c. 9o ma"e orinary repairs
d. 9o notify the owner of urgent
e$tra+orinary repairs
e. 9o permit wor"s an
improvements by the na"e
owner not prejuicial to the
usufruct
f. 9o pay annual ta$es an charges
on the fruits
g. 9o pay interest on ta$es on
capital pai by the na"e owner
h. 9o pay ebts when the usufruct
is constitute on the whole
patrimony
i. 9o secure the na"e ownerFs or
courtFs approval to collect
creits in certain cases
j. 9o notify the owner of any
prejuicial act committe by
thir persons
k. 9o pay for court e$penses an
costs regaring usufruct.
3. At the termination of the usufruct:
a. 9o return the thing in usufruct to
the owner unless there is a right
of retention
b. 9o pay legal interest on the
amount spent by the owner for
e$traorinary repairs or ta$es on
the capital
c. 9o inemnify the owner for any
losses ue to his negligence or of
his transferees
E0tinguis/ment o2 'su2ru!t) (:9
2
3G'<)
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1. Prescription
2. Termination of right of the person
constituting the usufruct
3. Total loss of the thing
4. eath of the usufructuary, unless
contrary intention appears
5. E$piration of the perio or
fulfillment of the resolutory
conition
6. Renunciation of the usufructuary
7. Merger of the usufruct an
ownership in the same person
EASEME(T OR SERVIT'E
Gncumbrance impose upon an
immovable for the benefit of a
community or one or more persons
or for the benefit of another
immovable belonging to a ifferent
owner.
Con!ept: it is a real right,
constitute on the corporeal
immovable property of another, by
virtue of which the owner of the
latter has to refrain from oing or
must allow something to be one on
his property, for the benefit of
another person or tenement.
C/ara!teristi!s:
a) 2t is a real right but will affect thir
persons only when uly registere
b) 2t is enjoye over another
immovable, never on oneFs own
property
c) 2t involves two neighboring estates
(in case of real easements)
) 2t is inseparable from the estate to
which it is attache, an, therefore,
cannot be alienate inepenently
of the estate
e) 2t is inivisible for it is not affecte
by the ivision of the estate
between two or more persons
f) 2t is a right limite by the nees of
the ominant owner or estate,
without possession
g) 2t cannot consist in the oing of an
act unless the act is accessory in
relation to a real easement
h) 2t is a limitation on the servient
ownerFs rights of ownership for the
benefit of the ominant owner# an,
therefore, it is not presume
Classification:
1. As to its e#ercise:
a)6ontinuous Gasements 4 those the
use of which is, or may be,
incessant without the
intervention of any act of man
b) 3iscontinuous Gasements 4 those
which are use at intervals an
epen upon the acts of man
2. As to the indication of their
e#istence:
a) Apparent Gasements 4 those
which are mae "nown an are
continually "ept in view by
e$ternal signs that reveal the
use an enjoyment of the same
b) 1on+apparent Gasements 4 those
which show no e$ternal
inication of their e$istence
3. As to dut) of servient o*ner
a) :ositive 4 the servient owner
must allow something to be one
in his property or o it himself.
9hese are calle servitues of
intrusion an orHserviceC
b) 1egative 4 the servient owner
must refrain from oing
something which he coul
lawfully o if the easement i
not e$ist
Easement Lease
1. 'eal right,
whether registere
or not
'eal right only when
it is registere, or
when its subject
matter is real
property an the
uration e$cees
one year
2. 2mpose only on
real property
<ay involve either
real or personal
!. 9here is a limite
right to the use of
real property of
another but without
the right of
possession
=imite right to
both the possession
an use of anotherFs
property
Easement 'su2ru!t
1. 2mpose only on
real property
<ay involve either
real or personal
property
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2. =imite to
particular or
specific use of the
servient estate
2nclues all the uses
an the fruits of the
property
!. A non+possessory
right over an
immovable
2nvolves a right of
possession in an
immovable or
immovable
%. 1ot e$tinguishe
by the eath of the
ominant owner
G$tinguishe by the
eath of the
usufructuary
Modes o2 A!quisition: (:3;A9)
1. by prescription of 10 years
(continuous an apparent
easements)
2. by dee of recognition
!. by 2inal jugment
%. by apparent sign establishe by
the owner of two ajoining
estates
&. by title
ominant O7ner
Rig/ts
1. 9o e$ercise all the rights
necessary for the use of the
easement
2. 9o ma"e on the servient estate
all the wor"s necessary for the
use an preservation of the
servitue
!. 9o renounce the easement if he
esires to e$empt himself from
contribution to necessary
e$penses
%. 9o as" for manatory injunction
to prevent impairment of his use
of the easement
O%#igations:
1. 6annot rener the easement or
rener it more burensome
2. 1otify the servient owner of
wor"s necessary for the use an
preservation of the servitue
!. 6hoose the most convenient
time an manner in ma"ing the
necessary wor"s as to cause the
least inconvenience to the
servient owner
%. 6ontribute to the necessary
e$penses if there are several
ominant estates
Ser$ient O7ner
Rig/ts:
1. 9o retain ownership an
possession of the servient estate
2. 9o ma"e use of the easement,
unless there is agreement to the
contrary
!. 9o change the place or manner
of the easement, provie it be
e(ually convenient
O%#igations:
1. 6annot impair the use of the
easement
2. 6ontribute to the necessary
e$penses in case he uses the
easement, unless there is an
agreement to the contrary
E0tinguis/ment o2 Easements:
('G<A21 7'G8)
1. Redemption agree upon
2. E0piration of the term or
fulfillment of the resolutory
conition
!. Merger of ownership of the
ominant an servient estate
%. Annu#ment of the title to the
servitue
&. :ermanent Impossi%i#it1 to use
the easement
*. (on3user for 10 years
a. iscontinuous) counte
from the ay they cease to
be use
b. continuous) counte
from the ay an act averse
to the e$ercise ta"es place
,. Bad !ondition + when either or
both estates fall into such a
conition that the easement
coul not be use
-. Reso#ution of the right to create
the servitue, i.e. in case of
pacto e retro, when the
property is reeeme
/. E0propriation of the servient
estate
10. .ai$er by the ominant owner
EASEME(T &OR .ATERI(+ CATTLE
9his is really a combine easement for
rawing of water an right of way
Requisites:
a) must be impose for reasons of
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public use
b) must be in favor of a town or
village
c) inemnity must be pai
EASEME(T O& A9'E'CT
9he right arising from a force
easement by virtue of which the
owner of an estate who esires to
avail himself of water for the use of
sai estate may ma"e such waters
pass through the intermeiate estate
with the obligation of inemnifying
the owner of the same an also the
owner of the estate to which the
water may filter or flow.
C/ara!ter: apparent an continuous
Requisites:
a) ominant owner must prove that
he has the capacity to ispose of
the water
b) that the water is sufficient for
the intene use
c) that the course is most
convenient, an least onerous to
the !
r
person
) payment of inemnity
RI+*T O& .AY
9he right grante to the owner of an
estate which is surroune by other
estates belonging to other persons
an without an ae(uate outlet to a
public highway to eman that he be
allowe a passageway throughout
such neighboring estates after
payment of proper inemnity
Requisites:
1. 6laimant must be an owner of
enclose immovable or one with
real right
2. 9here must be no ae(uate
outlet to a public highway
!. 'ight of way must be absolutely
necessary
%. 2solation must not be ue to the
claimantFs own act
&. Gasement must be establishe at
the point least prejuicial to the
servient estate
*. :ayment of proper inemnity
it is the nees of the ominant
property which ultimately etermine
the with of the passage, an these
nees may vary from time to time
(3n(arna(ion vs. C*, +$ SC)* 7&).
Special cause of e$tinction) the
opening of a public roa, or joining
the ominant tenement to another
with e$it on a public roa.
(OTE: the e$tinction in 1A9
automatic. 9here must be a eman
for e$tinction couple with tener of
inemnity by the servient owner.
PARTY .ALL
a common wall which separates 2
estates built by common agreement
at the iviing line such that it
occupies a portion of both estates on
e(ual parts.
Part1 .a## Co3o7ners/ip
1. Shares of parties
cannot be
physically
segregate but they
can be physically
ientifie
Shares of the co+
owners can be
ivie an
separate
physically but
before such
ivision, a co+owner
cannot point to any
efinite portion of
the property as
belonging to him
2. 1o limitation as
to use of the party
wall for e$clusive
benefit of a party
1one of the co+
owners may use the
community property
for his e$clusive
benefit
!. Awner may free
himself from
contributing to the
cost of repairs an
construction of a
party wall by
renouncing all his
rights thereto
:artial renunciation
is allowe
Presumptions o2 e0isten!e ,8uris
tantum-:
1. in ajoining walls of builings,
up to common elevation
2. in iviing walls of garens an
yars (urban)
!. in iviing fences, walls an live
heges of rural tenements
%. in itches or rains between
tenements
Re%utta# o2 presumption:
1. title
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2. by contrary proof)
!. by signs contrary to the
e$istence of the servitue (Arts.
**0 5 **1)
(OTE: if the signs are
contraictory, they cancel each
other
Rig/ts o2 part o7ners:
1. to ma"e use of the wall in
proportion to their respective
interests, resting builings on it
or inserting beams up to one+half
of the wallFs thic"ness
2. to increase the height of the
wall
a. at his e$pense
b. upon payment of proper
inemnity
c. to ac(uire half interest in
any increase of thic"ness or
height, paying a
proportionate share in the
cost of the wor" an of the
lan covere by the increase
O%#igations o2 ea!/ part3o7ners:
1. to contribute proportionately to
the repair an maintenance
unless he renounces his part+
ownership
2. if one part owner raises the
height of the wall, he must)
a. bear the cost of
maintenance of the aitions
b. bear the increase e$penses
of preservation
c. bear the cost of construction
. give aitional lan, if
necessary, to thic"en the
wall
LI+*T A( VIE.
1. Easement o2 Lig/t (@'s l',in',) +
right to amit light from the
neighboring estate by virtue of the
opening of a winow or the ma"ing
of certain openings.
Requisites:
a. opening must not be greater
than !0 centimeters s(uare,
mae on the ceiling or on the
wall# an
b. there must be an iron grating
2. Easement o2 $ie7 (@'s 9ros9e(t's) 4
the right to ma"e openings or
winows, to enjoy the view through
the estate of another an the power
to prevent all constructions or wor"
which woul obstruct such view or
ma"e the same ifficult. 2t
necessarily inclues easement of
light
Restri!tions on openings in one4s o7n
7a## 7/en !ontiguous ,#ess t/an 6m- to
anot/er4s tenement:
1. it cannot e$cee 1 foot s(. (!0 cm
each sie)
2. openings must be at the height of
the joists, near the ceiling (Cho(o
vs. Santa,aria, & Phil 3&)
!. the abutting owner may)
a. close the openings if the wall
becomes a party wall
b. bloc" the light by builing or
erecting his own wall unless
a servitue is ac(uire by
title or prescription
c. as" for the reuction of the
opening to the proper si.e
Restri!tions as to $ie7s
1. 3irect views) the istance of 2
<G9G'S between the wall an the
bounary must be observe
2. Abli(ue views) (walls perpenicular
or at an angle to the bounary line)
must not be less than *0cm from the
bounary line to the nearest ege of
the winow
(OTE: Any stipulation permitting lesser
istances is voi.
Modes o2 a!quisition
1. by title
2. by prescription
a. positive 4 counte from the time
of the opening of the winow, if
it is through a party wall
b. negative 4 counte from the
formal prohibition on the
servient owner.
(OTE: mere non+observance of istances
prescribe by Art. *,0 without formal
prohibition, oes not give rise to
prescription
VOL'(TARY EASEME(TS
6onstitute by the will of the parties
or of a testator.
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9he owner possessing capacity to
encumber property may constitute
voluntary servitue. 2f there are
various owners, A== must consent#
but consent once given is not
revocable
?oluntary easements are establishe
in favor of)
1. preial servitues)
a. for the owner of the
ominant estate
b. for any other person having
any juriical relation with
the ominant estate, if the
owner ratifies it.
2. personal servitues) for anyone
capacitate to accept.

('ISA(CE
Any act, omission, establishment,
business or conition of property or
anything else which) ,ISA*O-
1. InjuresHenangers the health or
safety of others#
2. Shoc"s, efies or isregars
ecency or morality#
!. Annoys or offens the senses#
%. *iners or impairs the use of
property# or
&. Obstructs or interferes with the
free passage to any public
highway or street, or boy of
water.
C#asses:
1. :er se 4 nuisance at all times an
uner all circumstances
regarless of location an
surrouning.
2. :er acciens 4 nuisance by
reason of circumstances,
location, or surrounings.
!. :ublic 4 affects the community
or a consierable number of
persons.
%. :rivate 4 affects only a person or
a small number of persons.

o!trine o2 Attra!ti$e (uisan!e:
Ane who ,aintains on his premises
angerous instrumentalities or
appliances of a character li"ely to
attract chilren in play an who
.ails to e$ercise orinary care to
prevent chilren from playing
therewith or resorting thereto is
liable to a chil of tener years who
is injure thereby, even if the chil
is technically a trespasser in the
premises.
Remedies against pu%#i! nuisan!e:
(:6G)
1. Prosecution uner the ':6 or
local orinance
2. Civil Action
!. E$trajuicial Abatement
Remedies against pri$ate nuisan!e:
(6G)
1. Civil Action
2. E$trajuicial Abatement
E0tra8udi!ia# A%atement
Requisites:
1. nuisance must be specially
injurious to the person affecte#
2. no breach of peace or
unnecessary injury must be
committe#
!. prior eman#
%. prior eman has been rejecte#
&. approval by istrict health
officer an assistance of local
police# an
*. value of estruction oes not
e$cee :!,000.
T*EORY O& MOE A( TITLE
MOE is the specific cause which
gives rise to them, as the result of
the presence of a special conition
of things, of the aptitue an intent
of persons, an of compliance with
the conitions establishe by law.
9his is the pro$imate cause of the
ac(uisition.
TITLE is the juriical justification for
the ac(uisition or a transfer of
ownership or other real right. 9his is
the remote cause of the ac(uisition.
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I&&ERE(T MOES ,and TITLES- o2
AC9'IRI(+ O.(ERS*IP
Modes o2
a!quiring
o7ners/ip
Tit#es o2
a!quiring
o7ners/ip
A. +riginal "odes
1. Accupation 1. 6onition of
being without
"nown owner
2. 8or" which
inclues
2ntellectual
creation
2. 6reation,
iscovery or
invention
'. (erivative modes
!. =aw !. G$istence of
re(uire
conitions
%. 9raition %. 6ontract of the
parties
&. 3onation &. 6ontract of the
parties
*. :rescription *. :ossession in
the concept of
owner
,. Succession ,. 3eath
OCC'PATIO(
a moe of ac(uiring ownership by
the sei.ure of things corporeal which
have no owner, with the intention of
ac(uiring them, an accoring the
rules lai own by law.
Requisites:
1. there must be sei.ure of a thing
2. the thing sei.e must be
corporeal personal property
!. the thing must be susceptible of
appropriation by nature
%. the thing must be without an
owner
&. there must be an intention to
appropriate
Spe!i2i! instan!es:
1. hunting an fishing
2. fining of movables which o not
have an owner
!. fining of abanone movables
%. fining of hien treasure
&. catching of swarm of bees that
has escape from its owner,
uner certain conitions
*. catching of omesticate
animals that have escape from
their owners, uner certain
conitions
,. catching of pigeons without
frau or artifice
-. transfer of fish to another
breeing place without frau or
artifice
TRAITIO("ELIVERY
a moe of ac(uiring ownership as a
(onse?'en(e o. (ertain (ontra(ts, by
virtue of which, the object is place
in the control an possession of the
transferee, actually or
constructively.
)inds:
1. 'eal 9raition + actual elivery
2. 6onstructive 9raition
a. traditio s2,!oli(a 4
parties ma"e use of a to"en
or symbol to represent the
thing elivere
b. traditio longa ,an' 4 by
mere consent of the parties
if the thing sol cannot be
transferre to the possession
of the venee at the time of
the sale
c. traditio !revi ,an' 4
when the venee alreay has
possession of the thing sol
by virtue of another title
. traditio (onstit't',
9ossessori', 4 when the
venor continues in
possession of the thing sol
not as owner but in some
other capacity
!. Puasi+traition 4 e$ercise of the
right of the grantee with the
consent of the grantor
%. 7radi(ion 9or ,inisterio de la le2
4 elivery by operation of law
6. 7radition !2 9'!li( instr',ent
Requisites:
1. right transmitte shoul have
previously e$iste in the
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patrimony of the grantor
2. transmission shoul be by just
title
!. grantor an grantee shoul have
intention an capacity to
transmit an ac(uire
%. transmission shoul be
manifeste by some act which
shoul be physical, symbolical or
legal
O(ATIO(
an act of liberality whereby a person
isposes gratuitously of a thing or
right in favor of another who accepts
it
Requisites: 623A
1. onor must have !apacity to
ma"e the onation
2. he must have onative intent
(animus onani)
!. there must be delivery
%. onee must accept or consent to
the onation
Essentia# 2eatures"e#ements o2 a
true donation:
a) Alienation of property by the
onor uring his lifetime, which
is accepte
b) 2rrevocability by the onor
c) 2ntention to benefit the onee
(animus onani)
) 6onse(uent impoverishment of
the onor (iminution of his
assets)
C#assi2i!ation:
1. As to effectivity)
a. inter vivos
b. mortis causa
c. propter nuptias
2. As to perfectionHe$tinguishment)
a. pure
b. with a conition
c. with a term
!. As to consieration)
a. simple + gratuitous
b. remuneratory or compensatory 4
mae on account of oneeFs
merits
c. moal 4 imposes upon the onee
a buren which is less than the
value of the thing onate
onation Inter
Vi$os
onation Mortis
Causa
1. 9a"es effect
inepenently of
the onorFs eath
9a"es effect upon the
eath of the onor
2. 9itle conveye
to the onee
before the onorFs
eath
9itle conveye upon
onorFs eath
!. ?ali if onor
survives onee
?oi if onor survives
onee
%. Denerally irrevo+
cable uring
onorFs lifetime
Always revocable
&. <ust comply
with the
formalities
re(uire by Arts.
,%- an ,%/ of the
6oe
<ust comply with the
formalities re(uire
by law for the
e$ecution
Af wills
onations pro/i%ited %1 #a7:
1. <ae by persons guilty of aultery or
concubinage at the time of onation#
2. <ae between persons foun guilty
of the same criminal offense in
consieration thereof#
!. <ae to a public officer or hisHher
spouse, escenants or ascenants in
consieration of hisHher office#
%. <ae to the priest who hear the
confession of the onor uring the
latterFs last illness, or the minister
of the gospel who e$tene spiritual
ai to him uring the same perio#
&. <ae to relatives of such priest, etc.
within the %
th
egree, or to the
church to which such priest belongs#
*. <ae by a war to the guarian
before the approval of accounts#
,. <ae to an attesting witness to the
e$ecution of onation, if there is
any, or to the spouse, parents, or
chilren, or anyone claiming uner
them.
-. <ae to a physician, surgeon, nurse,
health officer or ruggist who too"
care of the onor uring hisHher last
illness#
/. <ae by iniviuals, associations or
corporations not permitte by law to
ma"e onations# an
10. <ae by spouses to each other
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uring the marriage or to persons of
whom the other spouse is a
presumptive heir.
&orms o2 donations:
1. (onations of mova,le roert):
a. 8ith simultaneous elivery of
property onate)
i. it may be oralHwritten 4
:&,000 or less#
ii. if value e$cees :&,000 4
written in public or private
ocument
b. 8ithout simultaneous elivery)
the onation an acceptance
must be written in a public
or private instrument,
regarless of value
!. (onation of immova,le roert):
a. must be in a public instrument
specifying the property onate
an the burens assume by
onee, regarless of value
b. acceptance must be either)
i. in the same instrument# or
ii. in another public
instrument, notifie to the
onor in authentic form, an
note in both ees
(OTE: G$pression of gratitue to the
onor without e$press acceptance was
hel a sufficient acceptance (C'evas vs
C'evas)
LIMITATIO(S O( O(ATIO( O&
PROPERTY
1. ;uture property cannot be
onate.
2. :resent property that can be
onate)
a) if the onor has force heirs) he
cannot give or receive by
onation more than he can give
of receive by will
b) if the onor has no force heirs)
onation may inclue all present
property provie he reserves in
full ownership or in usufruct)
1) the amount necessary to
support him, an
2) those relatives entitle to
support from him
!) property sufficient to pay
the onorFs ebt contracte
prior to the onation.
!. 3onation shoul not prejuice
creitors
%. 3onee must reserve sufficient
means for his support an for his
relatives which are entitled to
!e s'99orted !2 hi,.
E&&ECTS O& O(ATIO(
1. onee may eman the elivery of
the thing onate
2. onee is subrogate to the rights of
the onor in the property
!. in onations propter nuptias, the
onor must release the property
from encumbrances, e$cept
servitues
%. onorFs warranty e$ists if
a. e$presse
b. onation is propter nuptias
c. onation is onerous
. onor is in ba faith
&. when the onation is mae to
several onees jointly, they are
entitle to e(ual portions, without
accretion, unless the contrary is
stipulate
Pa1ment o2 t/e donor4s de%t %1 t/e
donee
1. 2f there is e$press stipulation) the
onee is to pay only ebts
contracte before the onation, if
not otherwise specifie# but the
onee answers only up to the value
of the property onate, if no
stipulation is mae to the contrary
2. 2f there is no stipulation) the onee
is answerable for the ebts of the
onor only in case of frau against
creitors.
ACTS O& I(+RATIT'E
1. 2f the onee shoul commit some
offense against the person, honor or
property of the onor, or of his wife
or chilren uner his parental
authority
2. 2f the onee imputes to the onor
any criminal offense, or any act
involving moral turpitue, even
though he shoul prove it, unless the
crime or act has been committe
against the onee himself, his wife
or chilren uner his authority
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
$!
!. 'efusal to support the onor
PRESCRIPTIO(
)inds:
1. A!quisiti$e pres!ription + one
ac(uires ownership an other real
rights through the lapse of time in
the manner an uner the conitions
lai own by law.
a. Ordinar2 a(?'isitive
9res(ri9tion) re(uires possession
of things in goo faith an with
just title for the time fi$e by
law
b. 3Atraordinar2 a(?'isitive
9res(ri9tion) ac(uisition of
ownership an other real rights
without nee of title or of goo
faith or any other conition
Requisites:
1) capacity to ac(uire by
prescription
2) a thing capable of ac(uisition by
prescription
!) possession of thing uner certain
conitions
%) lapse of time provie by law
2. E0tin!ti$e Pres!ription 4 rights an
actions are lost through the lapse of
time in the manner an uner the
conitions lai own by law.
A!quisiti$e
pres!ription
E0tin!ti$e
pres!ription
1. relationship
between the
occupant an the
lan in terms of
possession is capable
of proucing legal
conse(uences# it is
the possessor who is
the actor
1. one oes not loo"
to the act of the
possessor but to the
neglect of the owner
2. re(uires possession
by a claimant who is
not the owner
2. re(uires inaction
of the owner or
neglect of one with
a right to bring his
action
!. applicable to
ownership an other
real rights
!. applies to all
"ins of rights,
whether real or
personal
%. vests ownership or
other real rights in
the occupant
%. prouces the
e$tinction of rights
or bars a right of
action
&. results in the
ac(uisition of
ownership or other
real rights in a person
as well as the loss of
sai ownership or real
rights in another
&. results in the loss
of a real or personal
right, or bars the
cause of action to
enforce sai right
*. can be proven
uner the general
issue without its
being affirmatively
pleae
*. shoul be
affirmatively
pleae an prove
to bar the action or
claim of the averse
party
Period o2 Pres!ription
Mo$a%#es Immo$a%#es
5. +ood &ait/
% years 10 years
6. Bad &ait/
- years !0 years
Ru#es on Computation o2 Period:
1. 9he present possessor may complete
the perio necessary for prescription
by tac"ing his possession to that of
his grantor or preecessor
2. 2t is presume that the present
possessor who was also the possessor
at a previous time, has continue to
be in possession uring the
intervening time, unless there is
proof to the contrary
!. 9he first ay shall be e$clue an
the last ay inclue

Persons Against ./om Pres!ription
runs:
1. <inors an other incapacitate
persons who have parents, guarians
or other legal representatives
2. Absentees who have aministrators
!. :ersons living abroa who have
managers or aministrators
%. Ouriical persons, e$cept the state
an its subivision
Persons against 7/om pres!ription
does (OT run:
1. 7etween husban an wife, even
though there be separation of
property agree upon in the
marriage settlements or by juicial
ecree.
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
$"
2. 7etween parents an chilren,
uring the minority or insanity of the
latter
!. 7etween guarian an war uring
the continuance of the guarianship
Pres!ripti$e
period
A!tions Pres!ripti$e period A!tions
a) 2mprescriptible to eclare an
ine$istent or voi
contract
to (uiet title
to eman a
right of way
to bring an
action for
abatement of
public nuisance
to eman
partition in co+
ownership
to enforce a
trust
probate of a
will
to recover
possession of a
registere lan
uner the =an
'egistration Act
by the registere
owner
g) % IGA'S action to revo"e
onations ue to
non+compliance of
conitions
action to rescin
partition of
eceaseFs estate
on account of
lesion
action to claim
rescission of
contracts
annulment of
contracts for vice
of consent
actions upon a
(uasi+elict
action to revo"e
or reuce
onations base on
birth, appearance
or aoption of a
chil
actions upon an
injury to the rights
of the plaintiff (not
arising from
contract)
b) !0 IGA'S real actions over
immovables (but
not foreclosure)
without prejuice
to the ac(uisition
of ownership or
real rights by
ac(uisitive
prescription
h) ! IGA'S actions uner the
eight hour labor
law
actions to recover
losses in gambling
money claims as a
conse(uence of
employer+
employee
relationship
action to impugn
legitimacy of a
chil if the
husban or his
heirs resie abroa
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
$2
c) 10 IGA'S actions upon a
written contract
actions upon an
obligation create
by law
actions upon a
jugment from
the time
jugment
becomes final
actions among
co+heirs to
enforce warranty
against eviction in
partition
<ortgage action
i) 2 IGA'S action to impugn
legitimacy of a
chil if the
husban or his
heirs are not
resiing in the city
or municipality of
birth
) - IGA'S a(tion to
re(over ,ova!les
-itho't 9re@'di(e
to a(?'isition o.
title .or a shorter
9eriod or to the
9ossessors title
'nder *rts. $$+,
$%$ and 33
j) 1 IGA' action to impugn
legitimacy of a
chil if the
husban or his
heirs are resiing
in the city or
municipality of
birth
forcible entry
an unlawful
etainer
3efamation
'evocation of
onation on the
groun of
ingratitue
'escission or for
amages if
immovable is sol
with an apparent
burens or
servitue
action for
warranty of
solvency in
assignment of
creits
actions for loss or
amage to goos
uner the 6ADSA
e) * IGA'S actions upon an
oral (verbal)
contract
actions upon a
(uasi+contract
") * <A19ES actions for
warranty against
hien efects or
encumbrances over
the thing sol
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,
$
f) & IGA'S action for
annulment of
marriages (e$cept
on the groun of
insanity) an for
legal separation
counte from the
occurrence of the
cause
actions against
the co+heirs for
warranty of
solvency the
ebtor in creits
assigne in
partition
action for the
eclaration of the
incapacity of an
heir (evisee or
legatee) to
succee)
all other actions
whose perios are
not fi$e by law,
counte from the
time the right of
action accrues
l) %0 3AIS rehibitory action
base on faults or
efects of animals
CIVIL LAW COMMITTEE
R#odora
Jo#n S"e&#en
Pur(anan)/TD+,

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