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Title I – PROPERTY
• Requisites:
1. Utility
2. Individuality/Substantivity
3. Susceptibility of appropriation
• Real Rights
1. no passive subject – claim against whole world
2. object is corporeal thing (obligation)
3. creates juridical relations through mode & title
4. extinguished through loss or destruction of thing
• Personal Rights
1. Passive and active subject
2. Object is an intangible thing (specific thing)
3. Creates juridical relations through title
4. Not extinguished through loss or destruction of thing
• Immovable property
1. By nature – cannot be moved from place to place because of their nature
a) land, buildings & all kinds of constructions adhered to soil
b) mine, quarries
4. By analogy/by law – contracts for public works, servitude & other real
rights over immovable property
• Movable property
1. susceptible of appropriation that are not included in enumeration in
immovable
2. immovable that are designated as movable by special provision of law
3. forces of nature brought under control by science
4. things w/c can be transported w/o impairment of real property where they
are fixed
5. obligations which involve demandable sums (credits)
6. shares of stocks of agricultural, commercial & industrial entities although
they may have real estate
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
• Classification of Movables
1. consumable – cannot be utilized w/o being consumed
2. non-consumable
Title II – OWNERSHIP
Definitions of Ownership
Independent and general right of a person to control a thing particularly in his
possession, enjoyment, disposition, and recovery, subject to no restrictions except
those imposed by the state or private persons, without prejudice to the provisions of
the law.
Power of a person over a thing for purposes recognized by law & within the limits
established by law
• Attributes:
1. Jus possidendi – right to possess
2. Jus utendi – right to enjoy
3. Jus fruendi – right to fruits
4. Jus abutendi – right to use and abuse
5. Jus disponendi – right to dispose
6. Jus vindicandi – right to exclude others from possession of the thing
Actions for possession:
1. movable – replevin (return of a movable)
2. immovable –
a) forcible entry – used by person deprived of possession through violence,
intimidation (physical possession, 1 year unlawful deprivation)
b) unlawful detainer – used by lessor/person having legal right over property
when lessee/person withholding property refuses to surrender possession of
property after expiration of lease/right to hold property (physical possession,
1 year from unlawful deprivation)
c) accion publiciana – plenary action to recover possession
d) accion reinvindicatoria – recovery of dominion of property as owner
7. Principle of self help – self defense
Elements:
a) Person exercising rights is owner or lawful possessor
b) There is actual or threatened unlawful physical invasion of his property
c) Use force as may be reasonably necessary to repel or prevent it
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Available only when possession has not yet been lost, if already lost –
resort to judicial process
May be exercised by 3rd person – negotiorum gestio
8. Right to enclose or fence w/o detriment to servitude constituted
9. Right to surface & everything under it only as far as necessary for his practical
interest (benefit or enjoyment)
10. Right to hidden treasure found in own property
a) hidden and unknown movables w/c consist of money or precious objects
b) owner is unknown
c) by chance – if property owner is state – ½ belongs to finder; also if in another’s
property; the finder must not be trespasser
• Limitation on Ownership
1. general limitations for the benefit of the state (eminent domain, police
power, taxation)
2. specific limitations imposed by law (servitude, easements)
3. specific limitations imposed by party transmitting ownership (will, contract)
4. limitations imposed by owner himself (voluntary servitude, mortgages,
pledges)
5. inherent limitations arising from conflicts with other similar rights
(contiguity of property)
6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd
persons (neighbors)
7. acts in state of necessity – law permits injury or destruction of things
owned by another provided this is necessary to avert a greater danger (with right
to indemnity – vs. principle of unjust enrichment)
8. true owner must resort to judicial process – when thing is in possession of
another; law creates a disputable presumption of ownership to those in actual
possession
a) identify property
b) show that he has better title
• Obligation of owners:
a) Immovables – accretion
Requisites:
a. deposit is gradual & imperceptible
b. made through effects of current of water
c. land where accretion takes place is adjacent to banks of river
Right of owner when another builds, plants or sows in his land: (OWNER
& BUILDER BOTH IN GOOD FAITH)
1. Appropriate as his own after paying for indemnity
2. Oblige the planter, builder to pay for price of land or rent, except when
value of lands is greater than thing built – convert to rent
Bad faith on both builder & owner – in pari delicto (no cause of action vs.
each other)
b) Movables
Rights:
1. If both are in good faith – owner of principal acquired the
accessory with indemnification
2. If both are in good faith – may separate them if no injury will be
caused; if value of accessory is greater than principal, owner of
accessory may demand separation even if damages will be caused to
the principal (expenses to be borne by one who caused the
conjunction)
3. If owner of accessory is in bad faith – owner of accessory with
damages to principal
4. If owner of principal is in bad faith – owner of accessory shall have
option of principal paying value of accessory or removal of accessory
despite destruction of principal
5. Owner of accessory or principal has right to indemnity when thing
adjuncts w/o his consent – may demand that a thing equal is kind,
value and price
Rights:
1. If person who made the transformation is in good faith - he shall
appropriate the thing transformed as his own with indemnity to owner
of material for its value
2. If material is more precious than transformed thing – owner of
material may appropriate the new thing to himself after indemnity paid
to labor or demand indemnity for materials
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Rights:
1. If both owners are in good faith – Each owner shall acquire a right
proportional to the part belonging to him (vis-a-vis the value of the
things mixed or confused)
2. If one owner is in bad faith – he shall lose the thing belonging to
him plus indemnity for damages caused to owner of other thing mixed
with his thing
3. If both in bad faith no cause of action against each other
• Reasons:
1. prevent litigation
2. protect true title & possession
3. real interest of both parties which requires that precise state of title be
known
• Co-ownership
a) plurality of subjects – many owners
b) unity of material (indivision) of object of ownership
c) recognition of ideal shares
• Causes/Sources:
1. law
2. contracts
3. succession
4. fortuitous event/chance – commixtion
5. occupancy – 2 persons catch a wild animal
• Rights of co-owners
1. Right to benefits proportional to respective interest; stipulation to contrary is void
2. Right to use thing co-owned
a. for purpose for which it is intended
b. without prejudice to interest of ownership
c. without preventing other co-owners from making use thereof
3. Right to change purpose of co-ownership by agreement
4. Right to bring action in ejectment in behalf of other co-owner
5. Right to compel co-owners to contribute to necessary expenses for preservation
of thing and taxes
6. Right to exempt himself from obligation of paying necessary expenses and taxes
by renouncing his share in the pro-indiviso interest; but can’t be made if
prejudicial to co-ownership
7. Right to make repairs for preservation of things can be made at will of one co-
owner; receive reimbursement therefrom; notice of necessity of such repairs
must be given to co-owners, if practicable
8. Right to full ownership of his part and fruits
9. Right to alienate, assign or mortgage own part; except personal rights like right to
use and habitation
10. Right to ask for partition anytime
11. Right of pre-emption
12. Right of redemption
13. Right to be adjudicated thing (subject to right of others to be indemnified)
14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot
agree that it be allotted to one of them
• Duties/Liabilities
1. Share in charges proportional to respective interest; stipulation to contrary is void
2. Pay necessary expenses and taxes – may be exercised by only one co-owner
3. Pay useful and luxurious expenses – if determined by majority
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Title V: POSSESSION
• How acquired:
a. material occupation – possession as a fact
1. physical
2. constructive - tradicion brevi manu (one who possess a thing short of title
of owner – lease );
tradicion constitutum possesorium (owner alienates thing but continues to
possess – depositary, pledgee, tenant)
cannot be recognized at the same time in 2 different personalities except
co-possession
question arise regarding fact of possession
1. present possessor preferred
2. 2 possessors – one longer in possession
3. dates of possession the same – one who presents a title
4. both have titles – judicial resolution
c. proper acts and legal formalities established for acquiring rights – donation, sale
• Degrees of possession:
1. holding w/o title and in violation of right of owner
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner
4. possession with just title from true owner
• Classes of ownership:
1. in concept of owner – owner himself or adverse possessor
Effects:
a. may be converted into ownership through acquisitive prescription
b. bring actions necessary to protect possession
c. ask for inscription of possession
d. demand fruits and damages from one unlawfully detaining property
5. in good faith – not aware that there exist flaw in title or mode w/c invalidates it;
mistake upon doubtful question of law; always presumed; it may be interrupted –
by extraneous evidence or suit for recovery of property of true owner
6. in bad faith – aware of defect
• Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire them
through guardian or legal representatives
• Acquisition
1. cannot be acquired through force or intimidation when a possessor objects
thereto – resort to courts
2. the following do not affect acts of possession ( not deemed abandonment of
rights ); possession not interrupted
a. acts merely tolerated
b. clandestine and unknown acts
c. acts of violence
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
• Rights of possessor:
1. Right to be respected in his possession; if disturbed – protected by means
established by law; spoliation
2. Possession acquired and enjoyed in concept of owner can serve as title for
acquisitive prescription
a. Possession has to be in concept of owner, public, peaceful and
uninterrupted
b. Title short of ownership
3. Person in concept of owner has in his favor the legal presumption of just title
(prima facie)
4. Possession of real property presumes that movables are included
5. Co-possessors deemed to have exclusively possessed part which may be
allotted to him; interruption in whole or in part shall be to the prejudice of all
6. Possessor in good faith entitled to fruits received before possession is legally
interrupted ( natural and industrial – gathered or severed; civil – accrue daily )
7. Possessor in good faith entitled to part of net harvest and part of expenses of
cultivation if there are natural or industrial fruits ( proportionate to time of
possession ); owner has option to require possessor to finish cultivation and
gathering of fruits and give net proceeds as indemnity for his part of expenses; if
possessor in good faith refuses – barred from indemnification in other manner
8. Possessor has right to be indemnified for necessary expenses whether in good
faith or in bad faith; Possessor in good faith has right of retention over thing
unless necessary expenses paid by owner
9. Possessor in good faith has right to be reimbursed for useful expenses with right
of retention; owner has option of paying expenses or paying the increase in value
of property which thing acquired by reason of useful expenses
10. Possessor in good faith may remove improvements if can be done w/o damage
to principal thing- unless owner exercises option of paying; possessor in bad faith
not entitled.
11. Possessor in good faith and bad faith may not be entitled to payment for
luxurious expense but may remove them provided principal is not injured –
provided owner does not refund the amount expended
12. Improvements caused by nature or time to inure to the benefit of person who has
succeeded in recovering possession
13. Wild animals possessed while in one’s control; domesticated – possessed if they
retain habit of returning back home
14. One who recovers, according to law, possession unjustly lost is deemed to have
enjoyed it w/o interruption
• Liabilities/duties of Possessor
1. Return of fruits if in bad faith – fruits legitimate possessor could have received
2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss except when
fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous
event
5. Person who recovers possession not obliged to pay for improvements which
have ceased to exist at time of occupation
• Loss of possession:
1. abandonment of the thing – renunciation of right; intent to lose the thing
2. assignment made to another by onerous or gratuitous title
3. destruction or total loss of the thing or thing went out of commerce
4. possession of another if new possession lasted longer that 1 year ( possession
as a fact); real right of possession not lost except after 10 years
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
• Not lost:
1. Even for time being he may not know their whereabouts, possession of movable
is not deemed lost
2. When agent encumbered property without express authority – except when
ratified
3. Possession may still be recovered:
a. Unlawfully deprived or lost
b. Acquired at public sale in good faith – with reimbursement
c. Provision of law enabling the apparent owner to dispose as if he is owner
d. Sale under order of the court
e. Purchases made at merchant stores, fairs or markets
f. Negotiable document of title
• Usufruct – right to enjoy another’s property with correlative duty of preserving its
form and substance
a. things – movable/immovable
b. rights – provided it is not strictly personal
• Kinds:
1. legal - parents over children
2. voluntary – contracts, wills
3. mixed – prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
10. With a term
• Rights of usufructuary:
1. Right to civil, natural & industrial fruits of property
2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights – gratuitous or onerous; but is co-
terminus with term of usufruct; fruits proportionate at duration of usufruct; but
can’t do acts of ownership such as alienation or conveyance except when
property is:
a. consumable
b. intended for sale
c. appraised when delivered; if not appraised & consumable – return same
quality (mutuum)
4. Right not exempt from execution and can be sold at public auction by
owner
5. Naked owner still have rights but w/o prejudice to usufructuary; may still
exercise act of ownership –bring action to preserve
6. Right to fruits growing at time usufruct begins; growing fruits at
termination of usufruct belongs to owner
7. Right to necessary expenses from cultivation at end of usufruct
8. Right to enjoy accessions & servitudes in its favor & all benefits inherent
therein
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
9. Right to make use of dead trunks of fruit bearing trees & shrubs or those
uprooted/cut by accident but obliged to plant anew
10. Right of usufructuary of woodland – ordinary cutting as owner does
habitually or custom of place; cannot cut down trees unless it is for the
restoration of improvement of things in usufruct – must notify owner first
11. Right to leave dead, uprooted trees at the disposal of owner with right to
demand that owner should clear & remove them – if caused by calamity or
extraordinary event – impossible to replace them
12. Right to oblige owner to give authority & furnish him proofs if usufruct is
extended to recover real property or real right
13. Right to necessary expenses
14. Right to introduce useful & luxurious expenses but with no obligation of
reimbursement on part of owner; may remove improvement if can be done w/o
damage
15. Right to set-off improvements against damages he made against the
property
16. Right to administer when property is co-owned; if co-ownership cease –
usufruct of part allotted to co-owner belongs to usufructuary – not affected
17. Right to demand the increase in value of property if owner did not spend
for extraordinary repairs when urgent & necessary for preservation of thing
• Obligations of usufructuary:
1. Pay expenses to 3rd persons for cultivation & production at beginning of
usufruct; whose who have right to fruits should reimburse expenses incurred
2. Generally, usufructuary has no liability when due to wear & tear, thing
deteriorates, obliged to return in that state; except when there is fraud or
negligence, then he shall be liable
3. Before entering into usufructuary::
a) Notice of inventory of property (appraisal of movables & description)
b) Posting of security
1. not applicable to parents who are usufructuary of children except
nd
when 2 marriage contracted
2. excused – allowed by owner, not required by law or no one will be
injured
failure to give security: owner may demand that:
a. immovables be placed under administration
b. NI can be converted into registered certificates or deposited in
bank
c. Capital & proceeds of sale of movables be invested in safe
securities
d. Interest on proceeds or property under admin belong to
usufructuary
e. Owner may retain property as administrator w/ obligation to deliver
fruits to usufructuary until he gives sufficient security
f. Effect of security is retroactive to day he is entitled to fruits
4. Take care of property as a good father of family
5. Liable for negligence & fault of person who substitute him
6. If usufruct is constituted on animals – duty bound to replace dead animals
that die from natural causes or became prey; if all of them perish w/o fault but
due to contagious disease / uncommon event – deliver remains saved; if perish
in part due to accident – continue on remaining portion; if on sterile animals – as
if fungible – replace same kind & quality
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
7. Obliged to make ordinary repairs – wear & tear due to natural use of thing
and are indispensable for preservation; owner may make them at expense of
usufructuary – during existence of usufruct
8. Obliged to make expenses due to his fault; cannot escape by renouncing
usufruct
9. Pay legal interest from extraordinary expenses made by owner
10. Payment of expenses, charges & taxes affecting fruits
11. Payment of interest on amount paid by owner charges on capital
12. Obliged to notify owner of act of 3rd person prejudicial to rights of
ownership – he is liable if he does not do so for damages – as if it was caused
through his own fault
13. Expenses, cost & liabilities in suits brought with regard to usufructuary –
borne by usufructuary
• Obligations of owner
1. extraordinary expenses; usufructuary obliged to inform owner when
urgent is the need to make them
2. expenses after renunciation of usufruct
3. taxes & expenses imposed directly on capital
4. if property is mortgaged, usufructuary has no obligation to pay mortgage;
if attached, owner to be liable for whatever is lost by usufructuary
5. if property is expropriated for public use – owner obliged to either replace
it or pay legal interest to usufructuary of net proceeds of the same
• Extinguishment of usufruct
1. death of usufructuary – unless contrary intention appears
2. expiration of period of usufruct
3. merger of usufruct & ownership
4. renunciation of usufructuary – express
5. total loss of thing
6. termination of right of person constituting usufruct
7. prescription – use by 3rd person
5) Tradition
OCCUPATION
1. There should be a corporeal thing (tangible) which must have a “corpus”
(body) & that thing should have no owner
2. There must be actual occupancy; thing must be subjected to one’s
control/disposition
3. There must e an intention to occupy
4. Accomplished according to legal rules
• Animals:
a) Swarm of bees
- owner shall have right to pursue them to another’s land (owner to identify
latter for damages, if any)
- land owner shall occupy/retain the bees if after 2 days, owner did not
pursue the bees
b.) Domesticated animals
- may be redeemed within 20 days from occupation of another person; if no
redemption made, they shall pertain to the one who caught them
c) Pigeons & fish
- when they go to another breeding place, they shall be owned by the new
owner provided they are not enticed
• Movables:
1) Treasure found on another’s property
- consist of (1) money, precious objects & 2) hidden & owner is unknown
- finding must be by chance in order that stranger may be entitled to ½ of
the treasure
2) Movable found w/c is not treasure
- must be returned to owner
- if finder retains the thing found – may be charged with theft
- if owner is unknown, give to mayor; mayor shall announce finding of the
movable for 2 weeks in way he deems best
- of owner does not appear 6 months after publication, thing found shall be
awarded to finder
- if owner appears, he is obliged to pay 1/10 of value of property to finder
as price
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
PRESCRIPTION
mode by which one acquires ownership and other real rights thru lapse of time; also
a means by which one loses ownership, rights & actions; retroactive from the
moment period began to run
• Kinds:
1. Acquisitive
2. Extinctive
• Renunciation of prescription:
persons with capacity to alienate may renounce prescription already
obtained but not the right to prescribe in the future
may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation
results from the acts w/c imply abandonment of right acquired
creditors & persons interested in making prescription effective may avail
themselves notwithstanding express or tacit renunciation
• GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could
validly transmit ownership
Must exist throughout the entire period required for prescription
• JUST TITLE (TRUE & VALID) – must be proved & never presumed
a) Titulo Colorado -
b) Titulo putativo -
title must be one which would have been sufficient to transfer ownership if
grantor had been the owner
through one of the modes of transferring ownership but there is
vice/defect in capacity of grantor to transmit ownership
• IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the
owner
claim that he owns the property
• INTERRUPTION
a) Natural
- through any cause, possession ceases for more than 1 year
- if 1 year of less – as if no interruption
b) civil
- produced by judicial summons; except
1. void for lack of legal solemnities
2. plaintiff desist from complaint/allow proceedings to lapse
3. possessor is absolved from complaint
b) express or tacit renunciation
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
c) possession in wartime
• TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith – use
extraordinary prescription
PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
30 years
- action over immovables from time possession is lost
10 years
- mortgage action
- upon written contract
- upon obligation created by law
- upon a judgement
8 years
- action to recover movables from time possession is lost
6 years
- upon an oral contract
- upon a quasi-contract
5 years
- actions where periods are not fixed by law
4 years
- upon injury to rights of plaintiff
- upon a quasi-delict
1 year
- for forcible entry & detainer
- for defamation
DONATION
• Characteristics:
a) Unilateral – obligation imposed on the donor
b) Consensual – perfected at time donor knows of acceptance
• Requisites of Donation:
1. Reduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
4. Donor must be owner of property donated
• Requirements of a donation:
1. subject matter – anything of value; present property & not future, must not impair
legitime
2. causa – anything to support a consideration: generosity, charity, goodwill, past
service, debt
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CIVIL LAW (PROPERTY)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
• Acceptance
a) acceptance must be made personally or thru agent
b) donation may be made orally or in writing
movable:
5,000 & below – may be oral or written, if oral it must be with
simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 - must be written and accepted also in writing
immovable - must be in a public instrument & acceptance must also be in a public
instrument (in same instrument or in other instrument)
• DOUBLE DONATIONS:
Rule: Priority in time, priority in right
1. If movable – one who first take possession in good faith
2. If immovable – one who recorded in registry of property in good faith
- no inscription, one who first took possession in good faith
- in absence thereof, one who can present oldest title
• REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
• Action for revocation based on failure to comply with condition in case of conditional
donations
Alienation/mortgages done
prior to recording in
Register of Deeds:
If already sold or cannot be Alienations/mortgages Prior ones are void;
returned – the value must imposed are void unless demand value of property
be returned registered with Register of when alienated and can’t be
If mortgaged – donor may Deeds recovered or redeemed
redeem the mortgage with from 3rd persons
right to recover from donee
Fruits to be returned at Fruits to be returned at
filing of action for filing of complainant
revocation
Prescription of action is 4 Prescription is 4 years from Prescription is 1 year from
years from birth, etc. non-fulfilment knowledge of fact and it
was possible for him to
bring action
Action cannot be Action cannot be
renounced renounced in advance
Right of action transmitted Right of action at instance Heirs can’t file action
to heirs of donor but may be
transmitted to heirs
Action extends to donee’s Action does not extend to
heirs donee’s heirs
• Inofficious donations:
1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have right to legitimate at time of
donation
3. donees/creditors of deceased donor cannot ask for reduction of donation
4. if there are 2 or more donation: recent ones shall be suppressed
5. if 2 or more donation at same time – treated equally & reduction is pro
rata but donor may impose preference which must be expressly stated in
donation