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Ownership
Ownership - independent right of a person to have exclusive enjoyment to a thing or right (Article 427)
Bundle of Rights: (Article 428)
1. Jus utendi - right to use
2. Jus abutendi - right to abuse
3. Jus disponendi - right to dispose
4. Jus fruendi - right to the fruits
5. Jus accessionis - right to the accessories
6. Jus vindicandi - right to recover
7. Jus possidendi - right to possess
Limitations:
1. Limitations set by law (e.g. eminent domain - right of the State to own private properties beneficial for
public use)
2. Limitations set by the owner
3. Limitations set by the grantor (person who gave the thing to its present owner)
4. Rights of others
Self-help - right to use force to repel a threatening unlawful physical invasion or usurpation of ones property (Article
429)
State of necessity - doctrine where one is allowed to interfere in anothers property to prevent greater damage (Article
432)
Owner of property may demand from the person benefited indemnity for damages.
Surface right - right for owners of properties to also own everything on its surface, and everything under it (Article 437)
Hidden treasure - deposit of money, jewelry, or any precious object hidden and unknown (Article 438)
If founder of hidden treasure is different from the owner, and finds it by chance, owner and founder receive
equal shares of hidden treasure. If founder is a trespasser, owner receives hidden treasure in full.
If hidden treasure is of interest to science or the arts, the State may acquire it at its just price.
Accession - any addition to a property by production, incorporation, or attachment
Kinds of Fruits: (Articles 441-442)
1. Natural - spontaneous products of the soil, and the young and other products of animals
2. Industrial - produced by lands through cultivation or labor
3. Civil - rents of buildings, prices of leases, and life annuities or other similar income
Articles 445-446: Any addition found in a land is presumed to be owned by the land owner.
If land owner uses materials of another: (Article 447)
Owner of materials is willing to sell
Land owner is in good faith
In good faith
In bad faith
And worker is in
bad faith
Quieting of title - removal of a cloud on title (disturbance/doubt); involves real property (Article 476)
There is a cloud on title because of a/an:
1. Proceeding;
which is
APPARENTLY VALID
2. Record;
but is IN FACT
3. Instrument;
INVALID and MAY
4. Claim; or
BE PREJUDICIAL to
said title
5. Encumbrance
Action to quiet title:
1. Does not prescribe (if plaintiff is IN POSSESSION of the property)
2. Prescribes in 10 years (if plaintiff is NOT IN POSSESSION of the property)
To file an action, plaintiff must present: (Article 477)
1. Legal title; or
2. Equitable title
Co-ownership
Co-ownership - ownership of an undivided thing or right between two or more persons (Article 484)
Co-ownership arises:
1. By law
2. By contract
3. By chance
4. By occupation or occupancy
5. By succession or will
A co-owner CANNOT sell his share of a co-owned property, UNLESS:
1. There was CONSENT from the co-owners; or
2. The property is ALREADY DIVIDED.
Co-owner can exercise his right of ownership over the property, provided he: (Article 486)
1. Does NOT cause injury against co-owners interest
2. Does NOT prevent co-owners to use the property
3. Uses the property for its intended purpose
Three Types of Expenses:
1. Necessary - preserves the property; ALWAYS reimbursable (Article 489)
Co-owner who has made the necessary expense has NO RIGHT OF REMOVAL.
2. Useful - increases the propertys value
Possession
Possession - holding of a thing or enjoyment of a right (Article 523)
Classifications:
1. In ones own name or anothers (Article 524)
2. In the concept of owner or concept of holder (Article 525)
3. In good faith (non-awareness of a flaw which invalidates his title) or bad faith (Article 526)
How is possession acquired? (Article 531)
1. By material occupation/exercise of a right
2. By subjection to our will
3. By proper acts and legal formalities
In cases of conflict, who possesses the thing? (Article 538)
1. The PRESENT possessor
2. If both are present, the one LONGER in possession
3. If both began to possess at the same time, the one who has a title
4. If both have a title, the Court will determine
Article 559: One who has lost any movable or has been unlawfully deprived thereof may recover it from the
person in possession of the same.
Article 1505: Owner cannot claim a stolen movable from a person who has acquired the same at public sale,
or at a merchants store, fair, or market.
Usufruct
Usufruct - gives a right to enjoy anothers property while preserving the form and substance of the property (Article
562)
Right to usufruct includes the right to use and right to fruits.
The usufructuary (one who has the right to usufruct) is NOT ALLOWED to convert the thing in usufruct.
Article 572: Contracts entered into during the usufruct period will end as the period of usufruct ends.
Abnormal usufruct - usufruct on an object that deteriorates because of normal use (Article 573)
An owner cannot be the usufructuary of his own property.
Usufruct is temporary, transmissible, and deals with either real or personal property.
Article 581: Owner cannot alter his property while it is under a contract of usufruct.
What are the obligations of the usufructuary? (Article 583)
1. Before the usufruct?
a. To make an inventory
b. To give security
Caucion juratoria - promise under oath at Court in lieu for a security to take care of the property (Article
587)
These may not be necessary depending upon the naked owner.
2. During the usufruct? To preserve the form and substance of the property
Who is liable for: (Articles 592-593)
1. Ordinary repairs (wear and tear due to the natural use of the thing)? Usufructuary
2. Extraordinary repairs? Owner
When can the usufructuary make extraordinary repairs? (Article 594)
1. If usufructuary has notified owner of the need to repair;
2. Repair must be urgent;
3. Owner failed to make repairs; AND
4. Repair is needed for preservation
How is usufruct extinguished? (Article 603)
1. Death of usufructuary
If the owner dies, heirs of the owner become the owners.
2. Expiration of the period
3. Merger of usufruct and ownership
4. Renunciation of the usufructuary
5. Total loss of the thing
6. Termination of the right of the person constituting the usufruct
7. Prescription
Article 607: If there is usufruct on land where a building is constructed, and the latter is destroyed, the
USUFRUCTUARY prevails for the use of the land.
If there is usufruct on only the building, and it is also destroyed, the OWNER prevails for the use of the land.
Acquired by donation
d. It bears the burden of the binding beams, floors, and roof frame of one building, but not of other
buildings
e. It is constructed in such a way that the coping sheds the water upon only one estate
f. It has stepping stones on only one side
g. Lands enclosed by fences adjoin lands which are not
4. Light and view
How are easements of light and view acquired?
Provides direct view
Provides side/oblique view
Positive easement
10 years after establishment
10 years after formal prohibition
10 years after formal prohibition
Negative easement
AND must be 2 METERS from
AND must be 60 CENTIMETERS
estate which can be viewed
from estate which can be viewed
Article 673: If an easement of light and view is already acquired, the servient owner CANNOT construct
buildings which will obstruct its view, unless it is 3 METERS away from the boundary line.
Trees CANNOT be planted: (Article 679)
1. LESS THAN 2 METERS from boundary line (for tall trees)
2. LESS THAN 50 CENTIMETERS from boundary line (for small trees/shrubs)
Lateral support - support from the sides
Subjacent support - support above the supporting land
Nuisance
Nuisance - anything which hinders enjoyment of property (Article 694)
Kinds of Nuisances: (old classification)
1. Per se - always a nuisance
2. Per accidens - nuisance because of the location
Kinds of Nuisances: (Article 695)
1. Public - affects a community
2. Private - any nuisance which is not public
Attractive nuisance - dangerous instrumentality likely to attract children at play
Article 698: Lapse of time cannot legalize any nuisance.
Remedies against a Public Nuisance: (Article 699)
1. Criminal case
2. Civil case
3. Abatement without judicial proceedings
Article 700: The district health officer shall make sure that one or all of the remedies against a public nuisance
are availed of.
Requisites for Abatement: (Article 704)
1. Must be demanded first upon the owner of the property
2. Said demand was rejected
3. Abatement must be approved by the district health officer
4. Value of destruction must not exceed P3000
Acquisition of Ownership
Donation
Donation - gratuitous disposition of a thing/right (Article 725)
Donation is a form of a contract.
Requisites of a Contract:
1. Consent
2. Object
3. Cause/consideration
Kinds of Contracts:
1. Consensual - requires consent for validity
2. Formal - requires the right form for validity
3. Real - involves real property
Article 726: Services which do not constitute demandable debts can serve as the cause/consideration of a
contract of donation.
Kinds of Donations:
1. Simple - liberality as cause/consideration
2. Remuneratory/compensatory - to reward services
3. Modal - donation with a burden less than the value
4. Onerous - donation with a burden equal to the value
The first two follow rules on donation (require the right form for validity); the last two follow rules on
contract (mere consent makes the donation valid)
Other Classifications of Donations:
1. Inter vivos - donation which takes effect during the lifetime of the donor
2. Mortis causa - donation by reason of death
In donations to husband and wife, there is right of accretion unless stated otherwise.
Article 754: Donor is liable for hidden defects/eviction if donation is modal/onerous.
Reversion - thing goes back to the donor (Article 757)
When can reversion be established?
1. If it is in favour of only the donor
2. If it is in favour of a third person AS LONG AS the donor, done, and third person are all LIVING at the
PHYSICAL/MECHANICAL GIVING OF THE PROPERTY
Revocation - making a donation void
When can a donor revoke his donation? (Articles 760, 764-765)
1. Birth, appearance, or adoption of a child
2. Non-compliance of a resolutory condition
Article 768: Donee shall return the fruits of the thing if the donation was revoked because of noncompliance with the condition.
3. Ingratitude of the donee
a. Donee commits an offense against donor, his property, his wife, or his children
b. Donee accuses or becomes a witness against donor of criminal offense or any act involving moral
turpitude (acts causing moral injury), UNLESS act was committed against the done, his wife, or his
children
c. Donee unjustifiably refuses to give financial support to the donor
Reduction - reducing the thing donated
When can a donor reduce his donation?
1. Donor donated without reserving sufficient support for himself
2. Donor donated more than what he can give by will (this is called an inofficious donation)
3. Donor donated without reservation for payment of debts
4. Birth, appearance, or adoption of a child
When will the right to revoke/reduce prescribe?
1. Ingratitude - 1 year
2. Inofficious donation - 5 years
3. Others - 4 years
Prescription
Laches - negligence to perform a right within a reasonable time
There is NO prescription between: (Article 1109)
1. Husband and wife
2. Parents and children
3. Guardian and ward
Interruption - stops the course of the prescription period and all its acquired rights/benefits
Kinds of Interruption:
1. Natural
2. Civil
How to Interrupt Extinctive Prescription:
1. Filing of case
2. Written extra-judicial demand
3. Written acknowledgment
Source: Paras, E. L. (2008). Civil Code of the Philippines annotated (16th ed.). Manila, Philippines: Rex Book Store.