427

428
429

Exercised over right and thing

(p1) Right to enjoy and dispose the thing (p2) Right of action against holder or possessor
Right to exclude any person. To use reasonable necessary force to repel physical usurpation
or invasion
Right to enclosed his land or tenement
The owner cannot make use of the thing in a manner as to injure third person
The owner has no right to prohibit interference
Disputable presumption of possession under claim of ownership
Action for recovery, property must be identified, plaintiff to rely on the strength of his title
No person to be deprived of his property except eminent domain
When any property is condemned or seized
The owner of a parcel of land
Hidden treasure
By treasure is understood.

430
431
432
433
434
435
436
437
438
439

OWNERSHIP- is the 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 this law
> Is the seller who has not been completely
paid but delivered the land to the
government is not required to pay the real
estate tax---Ownership has been
transferred by virtue of said delivery.

B) Recovery of real property1) Forcible entry or unlawful detainer

2) Accion pubiciana
3) Accion reinvidicatoria
ACTION
AND
DEFINITION
REPLEVIN- an action
to
recover
possession
of
personal property

COU
RT
MTC
AND
RTC

FORCIBLE
ENTRYRemedy
for
the
recovery of material
possession of a real
property
when
a
person origially in
possession
was
dpreved thereof by
FISTS
UNLAWFUL
DETAINERAction
for
recovery
of
possession of any
real property BY A
landlord, vendor or
any
other
person
against whom the
possession of the
same was unlawfully
witheld
after
the
expiration
or
termination of the
right
to
hold
possession
ACCION PUBLICIANAResorted to when
the
dispossession
has lasted for more
than one year
1) Without fist (as

MTC

> Forest lands are not capable of private

appropriation.
> The new owner of a land must respect the
right of the tenant.
KIND OF OWNERSHIP FuNaSoCo
A) FULL OWNERSHIP- All rights of an
owner
B) NAKED OWNERSHIP- Right to the use
and fruits are denied
C) SOLE OWNERSHIP- Where ownership
is vested only in one person
D) CO-OWNERSHIP- vested to two or
more owners
> Questions relating ownership should
generally ventilated in an ordinary civil
action or proceeding.
Art.428
Jus
Jus
Jus
Jus
Jus
Jus
Jus

possidendi- right to possess

utendi- right to use
fruendi- right to the fruits
abutendi- the right to consume
disponendi- right to dispose
vindicandi- right to recover
accessionis- right to accessories

ACTION TO RECOVER
A) Recovery of personal propertyreplevin

MTC

PRESCRIPTIO
N
4
Yrs
possession in
good faith
8
years
without
other
condition.
From the lost
of
possession
1 year from
the date of
actual entry

Fixed period
of
terminationdo
not
requires
demand
Non
paymentrequires
demand

soon
as
dispossession
takes place)
2) One
year
period
for
bringing
F.E.
and
U.D.
expires
ACCION
REINVINDICATORIAan action to recover
real ownership based
on ownership.

- Permissible to file both am action for

ownership and for detainer over the same
land

Imprescriptib
le

Forcible entry is unlawful from the

beginning while Unlawful detainer
possession is inceptively lawful but
becomes illegal from the time defendant
unlawfully witholds possession after
expiration or termination of his right.
> (Replevin) cannot be directed against the
lawful possessor
-Property seized, not to be delivered
immediately
> (Forcible entry) can be filed against the
owner. Because the owner had surrendered
material possession to the tenant by virtue
of lease contract.
-Fact of fist need to be alleged in the
complaint
- Death of the defendant and his heirs
vacated the property, recovery of damages
may still proceed.
> (Unlawful detainer) Demand to vacate
must be absolute
- Several demands,5 or 15 days from
the time of the latest demands
-Squatters possession is by tolerance,
becomes unlawful from the time the owner
makes demand.
-When issue of possession is interwoven
with ownership, MTC has no jurisdiction
(Songahid v. Sinco)
> Plaintiff of forcible entry and unlawful
detainer is entitled to damages, not for
those caused to the property but for those
caused by his being deprived of his
property.
> (ACCION PUBLICIANA)
Petitioner sued to recover property which
respondent refused to deliver on the
ground that he was the owner thereof
having purchased the same from a third
person.---Accion Publiciana not Unlawful
detainer
> All three actions are actions in personam
> (ACCION REINVINDICATORIA)

LIMITATION TO OWNERSHIP
A) Those given by the state or law
B) Given by the owner
C) Given by the person who gave the
thing to its present owner
ART. 429 Doctrine of Self help
ART. 430
>A person may fence off his house and lot
unless he denies others a right of way to
which the latter may be entitled.
ART. 431
ART. 432 State of necessity
ART. 433
> A tenant who admits his tenancy cannot
be presumed to be the owner.
> Applies to both movable and immovable
property
ART. 434
> Failure to specify the land may cause for
an action to recover property to fail
> If the claims of both plaintiff and
defendant are weak, judgment must be for
the defendant.
ART. 435
> Must not be exercised capriciously or
arbitrarily.
Art. 436
Art. 437- Regalian doctrine must be
observed
Art. 438 -If a married person finds the
treasure it belongs to their conjugal
partnership

44
0
44
1
44
2
44
3
44
4

Ownership of property gives right to accession

To the owner belongs the natural, industrial and civil fruits
Natural, civil, industrial fruits defined
He who receives the fruits has the obligation to pay third person for PGP made
Only such as manifest or born are considered as natural or industrial fruits

PRESUMPTION (445-446) That whatever is built, planted or sown on the land of another
belongs to the land owner and that all works, sowing and planting are presumed made by
the owner at his expense.
(447) OWNER OF THE LAND BUILT, PLANTED OR SOWN USING THE MATERIALS OF
ANOTHER
-land owner in good faith- pay for the value of the materials the owner may remove the
material provided no injury is caused
-land owner in bad faith- pay for the value of the materials and obliged to pay for
reparation of damages and
-the owner of the materials may removed the materials in any event
(448) LAND OWNER AND BUILDER PLANTER SOWER IN GOOD FAITH
- The land owner shall have the right to
1) Appropriate what is built, planted or sown with indemnity for the necessary and
useful expenses.
2) Oblige the builder and planter to appropriate the land (provided that the value of the
land is not greater than the building or tree and the one who sowed pay the proper
rent.
-Land owner do not choose to appropriate- builder, planter sower to pay the proper rent.
(449) BUILDER PLANTER SOWER IN BAD FAITH
- loses what he built, planted or sown WITHOUT RIGHT TO INDEMNITY
(450) LAND OWNER IN GOOD FAITH AND BPS IN BAD FAITH
Land owner may
1) demand the demolition of the work or that the planting and sowings be removed in
order to replace the things to its former condition at the expense of the BPS.
2) Compel the BPS to buy the land and the sower the proper rent.
3) Acquire without paying indemnity (not necessary expenses)
(451) LAND OWNER IS ENTITLED FOR DAMAGES
(452) -Builder, planter, sower in bad faith- may still be entitled to reimbursement for the
necessary expenses of preservation of the land.
(453) PARTIES ARE BOTH IN BAD FAITH their rights shall be the same as though both
acted in good faith
(455) MATERIAL, PLANTS AND SEEDS BELONG TO THIRD PERSON IN GOOD FAITH
- Owner of the land is subsidiarily liable when owner of the materials acted in good faith
(456) Good faith does not preclude negligence.
>Builder in good faith
-Right of retention until reimbursement
-Cannot be compelled to pay rentals during the period of retention
-Owner of the land cannot offset the necessary and useful expenses with the fruits received
by the builder in good faith

ALLUVUIM AND AVULSION

ACCRETION- The process by which riparian land gradually and imperceptibly receives
addition made by the water to which the land is contiguous.
ALLUVIUM
Soil is deposited or added to the land
adjoining the banks of rivers and gradually
receive as an effect of the current of water.
REQUISITES
A) Deposit or accumulation must be
GRADUAL
B) Accretion must result from the effects
of the current of water
C) That the land where accretion takes
place is adjacent to the river bank
D) Increase must be comparatively little
RATIONALE
A) To compensate for the losses they may
suffer by erosion
B) To compensate for the burden of legal
easement
C) The owner is in the best position to
cultivate and utilize the land
D) Only feasibe solution since the owner
cannot be identified
> Automatically owned from the moment the
soil is deposited but does not automatically
registered
> Failure to register may subject the
accretion to acquisition by prescription by a
third person
>Riparian owner does not acquire the
addition to his land caused by special works

AVULSION
Transfer of known portion of land from one
tenement to another by the force of the
current. The portion must be as such that it
can be identified as coming from a definite
tenement.
REQUISITES
A) Segregation and transfer must be
caused by the current
B) Segregation and transfer must be
abrupt
C) The portion of land transferred must
be known
RATIONALE for removal
A) Segregated portion is usually very
small
B) If the area is large there is a need to
claim it within two years
C) To prevent legal absurdities
D) To prevent permanent attachment

>Failure to remove the soil within two years,

the owner of the land to where it is attached
acquires ownership.

ACCESSION WITH RESPECT TO MOVABLE THINGS

ART. 466
-Two movable things are united that they
formed a single object
-Owner of the principal acquires the
accessory
-indemnifying the former owner
ART. 467
ART. 468
-If it cannot be determined which is the
principal
-the thing of greater value or volume
ART. 469

When things can be separated- the

respective owner may demand anytime of
their separation.
In case the accessory is greater in value
than the principal
-The owner of the accessory may demand
its separation even though it may caused
injury to the principal thing
ART. 470
OWNER OF THE ACCESSORY IN BAD FAITH

-Lose the thing incorporated

-Indemnify the owner for damages he may
have suffered

claiming under him may be forever

afterward free from any danger of hostile
claim

OWNER OF THE PRINCIPAL IN BAD FAITH

-Owner of the accessory shall have the right
1) To compel the owner of the principal
to pay of its value
2) Or that the thing be separated even
thought for that purpose it is necessary to
destroy the principal

>action in personam

BOTH CASES indemnity for damages may be

prayed for.
(471) FORM OF INDEMNITY
- Delivery of a thing equal in kind and value
or
-payment of price appraised by experts
(ART. 472) MIXTURE- takes place when two
or more things belonging to different
owners are mixed or combined with the
respective identities of the component
parts
(Art. 473)
-One who caused confusion in bad faithshall lose the thing belonging to him
-being obliged to pay indemnity for
damages
(ART. 474)

QUIETING TITLE
Art. 476 Whenever there is a cloud on title
to real property or any interest therein by
reason of instruments, records, claims,
encumbrances or proceedings which is
apparently valid and effective but in truth
and in fact invalid, ineffective, voidable and
unenforceable and may be prejudicial to
said title an action may be brought to
remove such cloud and to quiet the title.
RATIO: To secure an adjudication that a
claim of title to or interest in a property
adverse to that of the complainant is
invalid, so that the complainant and those

REQUISITES:
1) Plaintiff must have legal or equitable
title to the real property.
2) There must be a cloud in such title
3) Such cloud must be due to some
instrument that is apparently valid
but in truth and in fact invalid
4) Plaintiff must return to the defendant
all benefits he may have received
from the latter.
REMEDIAL- An action to removed the cloud
or to quiet title to real property
PREVENTIVE- An action to prevent a future
cloud or doubt from being cast upon the
title to to real property
EXTINCTIVE- An action to quiet title or
remove cloud therefrom when the contract,
instrument and other obligation has been
extinguished or has been terminated or
barred by extinctive prescription
REQUISITES FOR ACTION TO PREVENT
CLOUD
1) Plaintiff has title
2) Defendant is bent on creating a cloud
on the title or interest. The danger
must be imminent
3) Unless the defendant is restrained,
the title of the plaintiff will be
prejudiced.
PRESCRIPTIVE PERIOD
A) PLAINTIFF IN POSSESSIONImprescriptible
B) PLAINTIFF NOT IN POSSESSION- 10
years or 30 years
ACTION TO QUIET TITLE DOES NOT APPLY
1) Question involving interpretation of
documents
2) To mere written or oral assertions of
claims
3) Boundary disputes
4) Instruments invalid on their face
5) Validity of the instruments involves
pure question of law