JDPRO | REVIEWER

THE CLASS In our legal system, there are numerous of conlflicts BUT THERE IS
ONLY ONE (1) ARBITER for that certain such as Judges, arbiter or
THE BATTLE interpreters of laws
“Before you enter into the battle, you have to know your enemies.”
But you can always test the interpretations of that officials
THINGS TO REMEMBER:
The beauty and ugliness of the law: If there are 1001 meanings, the
1) Speak Louder beholder can always interpret the way he wants it
2) Straight English or Straight Tagalog
3) Why? (Porque) But you should not interpret it thwith the way you want it to be. The ruling
“GOOD CHRISTIAN LAWYER” is of such, like in the class, is the ruling of the teacher
4) Extended Class
(a) Clarity (b) Grammar (c) Writing Style (4) Audibility You can interpret it 1001 ways but if you’re a lawyer, your interpretation
is dependent to your motive, but it is WRONG
FROM BIRTH TO DEATH
FROM INSERION TO RESURRECTION You should be a GOOD CHRISTIAN LAWYER – should find the closest
FROM BASKET TO CASKET interpretation and the best meaning that it should be – should know the
RIGHT INTERPRETATION
ATTENDANCE
In order to do this, you should have diff ways to do it
Newton’s First Law of Motion:
LAW OF INERTIA (2) DEFINITION of LAW (by Manresa)

“A thing remains until an external force changes it” LAW

Inertia is the tendency of an object to stay at rest or in motion. ►the science of moral rules, founded on the rational nature of man
which governs the freedom of activities, and so that everybody
An object at rest stays at rest and an object in motion stays in motion with can attain their individual and collective needs
the same speed and in the same direction unless acted upon by an
unbalanced force. ►arises from HUMAN EXPERIENCE and NEEDS in order to
ORGANIZE and to REMOVE and NOT to cause CONFLICT
Newton's first law states that an object will remain at rest or move at a constant
speed in a straight line unless it is acted on by an unbalanced force. Inertia comes (a) science – order
from mass. Objects with more mass have more inertia. (b) moral rule – good or bad
(c) rational – reason
“If a student is present most of the time, at least a lesson/topic retains in (d) freedom – not to abuse it
his memory by just listening to it” (e) individual and collective needs

a.) SCIENCE
 systematic body of knowledge
How does the law defines property?  system or “order”
 it begins through the scientific method (observe thru senses)
EXERCISES
b.) MORAL
What is the work of a lawyer → to ADVOCATE  tells you if a certain ything is good or bad
 you want other people to understand your client’s cause
 you can do this if you can impart the facts and the knowledge of the c.) RATIONAL NATURE
law to those who interpret thelaw  reason
 arises from HUMAN EXPERIENCE and NEEDS in order
(1) NO SMOKING to ORGANIZE and to REMOVE and NOT to cause CONFLICT

RULE : specific on how to get into a policy d.) FREE ACTIVITY

POLICY : direction  not to abuse it
PROHIBITION
ORDINANCE e.) INDIVIDUAL and COLLECTIVE NEEDS
REMINDER ex. NO SMOKING Ordinance
SIMPLE STATEMENT  Traffic Rules
ORDER ● all are important for those vehicle owners who want to pass
● one at a time
Different Perspectives ▬ two words with diff meanings
Different interpretations and diff meanings (3) THREE PHILOSOPHICAL LEVELES OF LAW

a. LESSON 1) WILL NOT – pwedeng hindi

It’s not about the diff meanings 2) DO NOT – hindi pwede (you’re in trouble if you will not follow)

The name of the law or the nature of law is SUBJECT TO A LOT OF 3) OUGHT NOT – dapat hindi
INTERPRETATIONS
***strongest pleasure he/she knows that the law is for the good of many

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 JDPRO | REVIEWER
OBLIGATIONS AND CONTRACTS QUASI-DELICT

There is a right and an obligation because:  Art 2176. Whoever by act or omission causes damage to
 it is recognized by law another, there being fault or negligence, is obliged to pay for the damage
 juridical necessity or relation done. Such fault or negligence, if there is no pre-existing contractual
 it is a must – you have to relation between the parties, is called a quasi-delict and is governed by
the provisions of this Chapter.
What makes it recognizable by the law?  NEGLIGENCE
In case of non-compliance, there will be legal sanctions
Sources of Obligations
**bec in case of non-compliance, the courts of justice may be called upon to 1. Unjust Enrichment
enforce its fulfillment or, in default thereof, the economic calue that it represents. 2. Unilateral Declaration
3. Abuse Rights
**if an obli cannot be legally enforced, it may be only a NATURAL OBLI
When there is an obligaton, ONE SHOULD COMPLY
bec there are sources of obligation
JURIDICAL TIE / VINCULUM JURIS KINDS OF OBLIGATION

Sources of Obligation / Juridical Tie (1) Obli TO GIVE

 Law  obli to deliver the thing itself applying the prescribed care
 Contracts  DILIGENCE
 Quasi-Contracts (a) AGREEMENT
 Delicts (a) LAW
 Quasi-Delicts (a) DOAGFOAF (diligence of a good father of a familiy)

When will you know that there is an Obli / Right? DOAGFOAF

-- thru the law/sources of obli  degree of diligence required for the preservation of the thing in
each case, muist be determined by considereing all the concurrent
Slapping is the consideration? sircumstances
 merely agreement  place, time, person, date day
**not all contracts are agreement
BUT not all agreements are contracts Obligations are supposed to be complied with? YES
**meeting of the minds What if it is not complied with?
**If you have to deliver something, you also have to deliver all the fruits
Why does law has the force in contract? and accessory
Why does contract has the force of law?
 bec of the consent of the parties have given their consent (1) Obli TO DO
 performance of the obli
 when the thing is done, it can be undone
What if it is not done?
QUASI-CONTRACTS If you failed to fulfill your obli, there is a BREACH

 creation of law KINDS / MODES of BREACH

 bec of voluntary, unilateral (own volition), and lawful
(a) Fraud
 SOLUTION INDEBITTI (b) Negligence
 someone receives something to w/c he is not entitled to, shall (c) Delay
return the same to the rightful owner (d) Contravention of the tenor
 applies where (1) a payment is made when there exists no (e) Absolute non-performance
binding relation between the payor, who has no duty to pay, and the
person who received the payment; and (2) the payment is made through (a) FRAUD
mistake, and not through liberality or some other cause
 intentional evasion of the faithful performance of the obli
 NEGOTIORUM GESTIO  malicious & intentional failure to perform obli thru machinations
 inofficious manager
 unauthorized management NB: in commercials or advertisement – caveat emptor – buyer prevails.
 takes place when a person voluntarily takes charge of another’s These are mere trade exaggerations
abandoned business or property without the owner’s authority [Art. Caveat Emptor: Buyers purchase goods as is and have little or no
2144]. Reimbursement must be made to the gestor (i.e., one who carried recourse if those goods turn out to be defective.
out the business) for necessary and useful expenses, as a rule
 fraud is the deliberate intention to cause or prejudice, the
voluntary exertion of a wrongful act or willful omission, knowing the
wrong
DELICT
(b) NEGLIGENCE
Why is it a source of Obligation?
 one who is criminally liable is also civilly liable (Art 100, RPC) 1. Culpa Aquilana
 the right violated is a public one 2. Culpa Contractual
 it disturbs the public order 3. Culpa Criminal
 there is injury
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Test of Negligence: Did the defendant in doing the allegednegligent act
use the reasonable care andcaution, which an ordinary and prudent
personwould have used in the same situation? If not,then he is guilty of
negligence.
(c) DELAY
There is delay even if there is no demand yet but such is not yet guilty of
default.
KINDS of DELAY
(1) MORA SOLVENDI – Delay on the part of the debtorto fulfill his obli
either to give (ex re; Real Ob) or todo (ex persona; Personal Ob).
Requisites:
1. Obligation must be liquidated, due anddemandable
2. Non-performance by the debtor within theperiod agreed upon
3. Demand, judicial or extra-judicial, by thecreditor, unless demand is not
necessary under the circumstances enumerated inArt 1169 par (2).
There is no mora solvendi in:
a) Negative obligations because delay isimpossible [De Leon]
b) Natural obligations [Tolentino]
Effects:
1. The debtor is liable for damages. [Art.1170]
2. For determinate objects, the debtor shallbear the risk of loss, even
if the loss is dueto fortuitous events.
***demand is not necessary in all instances
a. when it is agreed by the parties
b. when demand is useless
c. when time is the essence
d. in reciprocal obligations
(2) MORA ACCIPIENDI – Delay on the part of thecreditor to accept the
performance of theobligation
Requisites:
(1) Debtor offers performance.
(2) Offer must be in compliance with theprestation as it should be
performed.
(3) Creditor refuses performance without justcause.
Effects:
(1) The responsibility of the debtor is reducedto fraud and gross
negligence.
(2) The debtor is exempted from risk of lossof the thing, which is borne
by thecreditor.
(3) The expenses incurred by the debtor forthe preservation of the thing
after themora shall be chargeable to the creditor.
(4) If the obligation bears interest, the debtordoes not have to pay from
the time ofdelay.
(5) The creditor is liable for damages.
(6) The debtor may relieve himself of theobligation by consigning the
thing.
(3) COMPENSATIO MORAE – Delay of both parties in reciprocal
obligations.
Effects:
1. Delay of the obligor cancels delay ofobligee (and vice versa) hence it
is as ifthere is no default.
2. The liability of the first infractor shall beequitably tempered by the
courts. If itcannot be determined which of the partiesfirst violated the
contract, the same shallbe deemed extinguished, and each shallbear his
own damages. [Art. 1192]
JDPRO | REVIEWER
Cessation of the Effects of Mora:
(1) Express or implied renunciation by thecreditor;
(2) Prescription.
What if there is a BREACH? There should be REMEDIES
PRINCIPAL REMEDIES:
(1) SPECIFIC PERFORMANCE – since obli is supposed to be
performed
(2) RESCISSION – get rid of all the obli and rights
(3) DAMAGES – (1) injury sustained and/or (2) pymt of the injury
sustained
(d) CONTRAVENTION OF TENOR
This refers to a violation of the terms andconditions stipulated in the
obligation, whichmust not be due to a fortuitous event or forcemajeure.
[De Leon]
“In any manner contravenes the tenor” means any illicit act, which
impairs the strict andfaithful fulfillment of the obligation, or everykind of
defective performance. [Tolentino]
When you did not fulfill what is agreed:
PRINCIPAL REMEDIES → Specific Perforamance first before
rescission
Everytime you cannot perform, you are already guilty of breach?
NO. Presence of fotuitous event
SECONDARY REMEDIES:
(1) Accion Subrogatoria – to be subrogated by all the rights
and actions of the debtor save which are inherent in his
person
(2) Accion Pauliana – creditor files an action in court for the
rescission of acts or contracts entered into by the debtor
designed to defraud the former
NOT LIABLE FOR BREACH:
(1) Fortuitous event – occurrence or happening which could not be
foreseen, or even if foreseen is inevitable
GR: due to FE, NOT GUILTY of breach
EXC: (a) expressly stipulated that he shall be liable
(b) provided by law
(c) obligor is in delay
(d) assumption of risk (insurance)
(e) when the obligor is guilty of fraud, negligence, or delay,
COTTOTO
(6) when there is a promise
(7) Act of God cannot be invoked to protect a person who has
failed to take steps to forestall
(8) when the object is a generic thing, i.e. the genus never
perishes Note: ‘Genus nunquam perit’ only pertains to physical perishing. The
genus may stillperish legally. [Labitag notes]
(9) the obligation to deliver a specific thing arises from a crime [Art.
1268]
(2) Rebuc Sic Stantibus – when the circumstances change the contract
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 JDPRO | REVIEWER
KINDS of (CIVIL) OBLIGATION (1) Dation in Payment (dacion en pago) – there might be a bad
bargain depending on the circumstances
1. Pure Obligations (2) Consignation – important so that creditor will not be charged
for mora accipiendi
2. Conditional Obligations (3) Confusion/Merger – when a person becomes a creditor and
debtor of himself; – characteristics of D&C merge in one
(a) Suspensive Obli – happening of an event gives rise to the obli (4) Compensation
(b) Resolutory Obli – happening of which extinguishes rights and
obli already existing (EXC: Donation Propter Nuptias)

3. Obligation with a Period – there is time for the fulfillment of the obli OBLIGATIONS AND CONTRACTS
** “day certain” – one which must necessarily com ealthough it may not
Elements of Contract
be known when (ex. death) CONSENT – OBJECT – CAUSE/CONSIDERATION
KINDS of PERIOD Difference between CAUSE and MOTIVE
1. SUSPENSIVE obli
FOUR (4) DEFECTIVE CONTRACTS:
 there is aready an obligation but you are merely waiting for the
performance 1. RESCISSIBLE CONTRACT– This is valid until rescinded; there is a
 it extinguishes upon the arrival of the period sort of extrinsic defect consistingof economic damage or lesion.
GR: for the benefit of the debtor inadecuacy of consideration
EXC: (1) agreement 2. VOIDABLE CONTRACT– This is valid until annulled; it cannot be
(2) law annulled, however, if there has beenratification. The defect is more or
(3) circumstances of the obli, it favors one of the parties less intrinsic, as in the case of vitiated consent.
(4) the court will provide/determine for the pymt or to fix the period
3. UNENFORCEABLE CONTRACT– This contract cannot be sued
2. ALTERNATIVE obli upon or enforced unless it is ratified.In a way, it may be considered a
 one obli with diff prestation voidable contract, that is, it has no effect now, but it may be
 technically,  two obli: (1) rt to choose; (2) rt to perform effectiveupon ratification.
 two (2) RULES:
(1) FRENCH – go to court and compel debtor to choose 4. VOID CONTRACT– This is really inexistent or illegal. It has no effect
(2) GERMAN – demand the debtor for the fulfillment of one at all. It cannot be ratified orvalidated
4. Facultative – obligor is obliged to perform one prestation Absulotely Simulated
Relatively Simulated - mortgage
5. Obligation with a Penal Clause

6. Divisible Obli – prestation is capable of partial performance

CHARACTERISTICS:
Determination of divisibility or indivisibility:
(1) Agreement of the parties  Obligatory - the force of law between the contracting parties
(2) When the law allows compel them to perform under the threat of civil action or
(3) Nature/circumstances of the obli lawsuit.
7. Joint and Solidary Obli – pertains to the relationships of the debtor
 Autonomy - such stipulations, clauses, terms and conditions
and the creditor
are established by the contracting parties as they may deem
convenient, provided they are not contrary to law, morals, good
GR: if the law is silent, obli is presmed to be joint
customs, public order, or public policy.
EXC: (1) Agreement; (2) Law; (3) Nature and Circumstances of the obli

Why it is presumed to be joint? → it is burdensome if it is solidary

 Mutuality - the bind must involve both of the parties,so that the
validity or compliance of a contractcannot be left to the will of
JOINT: Debtor – liable to the pymt of the proportionate share of the debt only one of them.
Creditor – may demand only to the proportionate share of the obli
 Relativity - the effectivity is only between the parties, their
SOLIDARY – one in which debtor is liable for the entire obligation and assigns and heirs, except in case where the rights
to each creditor and obligations arising from the contract are not transmissible
by their nature, or by stipulation or by provision of law.
EXTINGUISHMENT OF OBLIGATION
 Consensuality - the mere consent that perfected
1. Payment / Performance the contract should bound the parties to the fulfillment of what
2. Loss of the thing due – when it: (1) perishes (2) goes out of commerce has been expressly stipulated, and all the consequences
Obli to do: if the act has been declared to be illegal or immoral which, according to their nature, may be in keeping with good
Obli not to do: when an obli is allowed to faith, usage and law. However, real contracts, such as deposit,
pledge and commodatum, are not perfected until the delivery
Special mode of payment: of the object of the obligation.

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STAGES OF CONTRACT
 Preparatory or conception - process of formation through
bargaining or negotiation, which begins from the time the
prospective contracting parties manifest their interest in
the contract that leads to the perfection of the contract. Either
party may stop the process or withdraw an offer made.
 Pefection or birth - process of arriving at a definite agreement
or meeting of the minds as to the elements of the contract,
particularly the essential ones (object and cause).
 Consumption or death - the fulfillment of the
respective obligations of the parties under the contract,
resulting to its accomplishment and extinguishment.
PROPERTY
Who can be parties in an obligation and in rights
The actors in an obligation
PROPERTY
An economic concept referring to THINGS USEFUL to HUMAN LIFE &
ACTIVITY which can be OWNED, DISTRIBUTED, and/or ORGANIZED,
one way or the other for the GOOD of MAN and of his SOCIETY
Economic Concept
→ relating to the process/system by which GOODS & SERVICES are
PRODUCED, SOLD, and BOUGHT
→ manage of Suplly & Demand ( ↓S ↑D )
→ experience of man
Scarcity → limited production → increasing population
Evolution/History of Property:
ANCIENT → only TANGIBLE : Physical Appearance
PRESENT → incl. INTANGIBLE : exists in the eyes of the law
**from a system of NO RIGHTS to RIGHTS
POPERTY is EVOLVING → based on HUMAN EXPERIENCE
Property is a thing, but not all things are property
THING
All that exists
Matter
determinable by 5 senses of human
→ senses in physical, do not invade meta-physical (faith)
Transcendental beyond the senses (Faith, God, Love, Dream,
Imagination)
There are things that are not property
Property is a thing
Before it became a Property, it is a thing
JDPRO | REVIEWER
Illustration: Hair Faith
Idea → Intellectual Pro – ideas reduced in written form
KINDS of THINGS
1. RES COMMUNES → common things
→ belongs to everybody / humanity
→ cannot be appropriated in its entirety
→ owned by everybody but cannot be owned by
anybody
 Sun, Air, Ocean, Electricity, Oxygen
Law of the Sea (EEZ) – Privilege
2. RES NULLIUS → may have no owner because it has NOT YET
APPROPRIATED or it has been loast/abandoned
→ susceptible of being possessed for the use of man
 Animals, Hidden Treasures, Lands
3. RES ALICUIUS → owned by somebody / another person
SPECIAL LAWS:
RA 349 – legalizes permission to use human organs or any portions for
medical, surgical, scientific purposes, under conditions
RA 7170 – authorizes the legacy / donation of human organs after death
RA 7719 – promotes voluntary blood donation
REQUISITES of PROPERTY
UTILITY → capacity to satisfy human wants
(food, shelter, clothing, knowledge, comfort, recreationals)
SUBSTANTIVITY / INDIVIDUALITY
→ quality of having existence apart from any other thing
(hair, blood, teeth – cannot exist whithout the body)
→ they become property only when separated from the body of the
body of the person it belong
APPROPRIABILITY → susceptibility of being possessed by man
CONCEPY of PROPERTY RIGHT (ARTICLES)
Even though you cannot physically see it, it is still considered as
property
What are the criteria?
INTANGIBLE RIGHT – cannot be seen: usufruct rights
example: land – tangible (makes it intangible) by usufructuary
Currency → rock salt
→ money – theoritical representation of a value of the product
– representation of what you have or the wealth of
the society
Before the intangible:
(1) Possessory rights
(2) Rights of transfer
** as long as you can transfer and posses it, it is property
**you can own it
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 JDPRO | REVIEWER
Benefits of Property rights ART. 414
→ incentive to work/labor
→ equitable distribution of wealth RP those which are considered as land and everything that is
ATTACHED PERMANENTLY to the land
Ascent of Money
→ in order to make it foster PP  those which are NOT considered as land and everything that
DOES NOT ATTACHED PERMANENTLY to the land
But when people think that money is not that fast:
(1) Negotiable Instruments ART. 415 : IMMOVABLE
(2) Credit Cards – bec of the problem of security
(3) Online Payments (1) LAND (6) ANIMAL HOUSES
- this is bec of economic events (2) TREES (7) FERTILIZER
- all things became an instant and fast processing (3) ATTACHED to IMMO (8) MINES
- the patience of human is now becoming smaller (4) STATUTES (9) DOCKS
(5) MACHINERY (10) CONTRACTS for Public Works
Now what happens with property is now evolving through human
experience, social, economic, and political experience CLASSES / CATEGORIES

RIGHTS as PROPERTY (1) real by NATURE

→ ab initio cannot be carried from one place to another
Classification of Property
(2) real by INCORPORATION
Intangible – cannot be seen but you have the rights → attached to an IMMO PERMANENTLY to be an integral part thereof

REAL RIGHT : JUS IN RE (3) real by DESTINATION or PURPOSE

→ placed in an IMMO fot the UTILITY it gives to the activity carried
enforceable against the whole world thereon
right/interest belong to a person over a specific thing/property
whether movable or immovable (4) real by ANALOGY or LAW
nakakabit sa property → by express provision of law

simplest example: “I have a claim”

example: LAND
GR and EXC
PERSONAL RIGHT : JUS AD REM or JUS IN PERSONAM

enforceable against specific person

inchoate / intangible (ex. usufruct)
no particular subject matter

simplest example: “I promise to pay”

example: BUYING BLUE HONDA CITY : not in existence CASES
…only the right against HIM to DELIVER
credit – not directed or attahced to a particular property
(1) LAND
It is a contiguous and continuous property
Navarro Parties MAY TREAT it as PP
Standard Oil as long as NO 3rd PERSON is PREJUDICED
Leung Yee GR: (1) PP – 1st taken POSS
(2) RP – 1st recorded in Registry
(Yee is in Bad Faith)
(3) NO ENTRY – 1st took POSS, oldest title
in GOOD FAITH
(2) TREES
Lavarro PP – intended to be HARVESTED w/in 1 year
ex. sugarcane
RP – intended to be there
ex. coconut

GR: whoever owns the land, owns the trees

EXC: if the rts over the fruits are already
separately recognized

*Plants and Land are two separate PRO

Sibal For purposes of the CM Law, ungathered
products have the nature of PP and may be
attached and executed upon.
(3) EVERYTHING ATTACHED
to an IMMO in a FIXED MANNER

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(4) STATUTES
even if the owner said it BUT NOT PERMANENT → PP
(5) MACHINERY
RP  permanently attached
 placed by owner
 essential & indispensable
Mindanao Movable equipment to be immobalized in
(repairshop contemplation of the law must first be ESS &
mobile) RP PRINCIPAL elements of an industry
To be considered as RP by DESTINATION,
the MACH etc. must be:
(1) ESSENTIAL and PRINCIPAL elements
of the industry and
(2) the industry must be carried out
in a building or piece of land
Davao Saw Mill GR → PP  not placed by owner
RP EXC → RP stipulation that it will remain
to the land belonging to the owner/tenement
Market Leasing Even the bldg may be treated as PP, so much
more a MACH which is by nature is PP
Serg’s PP – NOT placed by the owner
RP – All MACH that will be intriduced by Serg’s
A stipulation in the lease agreement to
treat the RP as PP is binding upon the
parties. The parties are estopped from
claiming otherwise.
(6) ANIMAL HOUSES + ANIMALS
JDPRO | REVIEWER
1. Real Property Owned by the Government
(a) Real property owned by the Republic of the Philippines or any of its
political subdivisions except when the beneficial use thereof has been
granted, for consideration or otherwise, to a taxable person
Under this provision, a property used in continuance of government
function is exempted from being assessed for RPT. However, it must be
noted that if the said government-owned property is granted to a taxable
individual, the exemption no longer applies and the property becomes
subject to RPT.
2. Real Property Used by Religious, Charitable, and Educational
Institutions
(b) Charitable institutions, churches, parsonages or convents appurtenant
thereto, mosques, non-profit or religious cemeteries and all lands,
buildings, and improvements actually, directly, and exclusively used for
religious, charitable or educational purposes
Properties actually, directly, and exclusively used for religious or
charitable operations and educational purposes are exempt from being
levied RPT, even if they are not necessarily owned by the religious,
charitable, or educational institutions who utilize them.
3. Machinery and Equipment Used in the Water Distribution or
Generation of Power
(c) All machineries and equipment that are actually, directly and
exclusively used by local water districts and government owned or
controlled corporations engaged in the supply and distribution of water
and/or generation and transmission of electric power

(7) FERTILIZERS More or less self-explanatory, this provision allows for real property used
by nature it is PP in the distribution of power and/or generation of power be exempted from
BUT if put in the LAND, it is RP (cannot be distinguished anymore) being subject to RPT, serving as a benefit engaged in the utilities industry.
(8) MINES, QUARRIES, SLAG DUMPS
4. Real Property Owned by Duly Registered Cooperatives

(d) All real property owned by duly registered cooperatives as provided

for under R.A. No. 6938
How do you know it is RP and subject of TAXATION?
RP To further encourage the establishment of cooperatives for the mutual
Art. 415 benefit of ground-level members, the Cooperative Code of the
RP Tax Code Philippines (Republic Act No. 6938) provides a number of tax exemptions
Local Gov’t Code on such cooperatives. One of these is the exception for paying RPT.

CASES 5. Machinery Used for Pollution Control and Protecting the

Environment
Meralco RATIO: Not in Tax Law but in Art 415 (1) (3) (5)
(e) Machinery and equipment used for pollution control and environmental
steel towers (1) REMOVABLE
protection
PP RP (3) NOT ATTACHED to IMMO in a fixed manner
Δ TAXABLE and can be SEPARATED W/O BREAKING
Like with real property used for water distribution and power generation,
(5) NOT INTENDED (MACH) for exemption from the RPT applies to those used for pollution control and
INDUSTRY/WORKS in the land w/c steel towers
the protection of the environment given the cause it pursues and the
are constructed`
resulting benefit to the ecosystem.
Caltex
RP Tax Code ART. 416 : MOVABLE
Art 415-416
EQUI & MACH
areTAXABLE
What is the importance of classification of property into
immovables and movables?
Real Property Tax Exemptions 1. formalities
2. prescription
Whereas most property owners and administrators can obtain a discount 3. to bind third persons
on their RPT by paying early, others can be exempted from paying the tax
completely, provided the property is categorized as any of the following in What are the tests to determine whether property is movable or
Section 234 of the Local Government Code. immovable?
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1. If the property is capable of being carried from place to place (test by
description).
2. If such change in location can be made without injuring the real
property to which it may in the meantime be attached (test by
description).
3. If finally, the object is not one of those enumerated or included in
Article 415 (test by exclusion).
JDPRO | REVIEWER
Properties which are usually identified through unit of
measurement , kind, class, and quality/ sepecific definition
ex. 2kg of white sugar, 1kg of Sinandomeng rice
2. Non-fungible – cannot be replaced, the identical object
must be returned.

ART. 417 : MOVABLE

Chapter 3
Alll the enumerations in Art 415 and 416 are things PROPERTY IN RELATION TO THE PERSON TO WHOM IT
→ these are called corporeal or tangible which can be detected by your BELONGS
senses
→ also, these are incorporeal or intangible ART. 419
→ these are rights
Property is either of public dominion or of private ownership
RR example: Usufruct  Credit Easement
RIGHT over a MOVABLE Loan Commodatum Mortgage Property is either of

CASES 1. Public dominion or property owned by the State (or its

subdivisions) in its public or sovereign capacity and intended for
Art 417 shares of stock public use and not for the use of the State as a juridical person
Example: accounts receivable
e-mails 2. Private ownership or property owned by:
copyrights
interest in the business a. The state in its private capacity; known as patrimonial
profit property
Laurel What is stolen?
the business opportunity b. Private persons, either individually or collectively
The opportunity to make a call is a force of
nature that is brought into control by science Property is presumed to be State property in the absence of any
showing to the contrary. (Regalian Doctrine)
through the medium and technology
What’s dominion?
Guilty of Theft – as long as you SUBTRACTED
the property of a person
1. Not owned by the State but simply under its jurisdiction and
US vs. Carlos Opportunity to make calls was stolen not the
administration for the collective enjoyment of all the people of the
call
State
PPBusiness interest 2. Purpose is to serve the citizens, not the State as juridical person
Bacharach Art 417 (2) Share of stocks PP: intangible
created by law 3. Rises from the fact that the State is the juridical representative of
the social group

ART. 420 : PUBLIC DOMINION

ART. 418 : MOVABLE
What are the classifications of movable property according to its
nature?
Movable property is either;
A. According to their nature [Article 418]:
1. Consumable – thing that must be consumed in order to be used
– those which cannot be used in a manner appropriate
to their nature without their being consumed;
ex. food (rice/veggie/fruits), sand, cement
2. Non- consumable – u used them but you cannot consume them
– any other kind of movable property. (Article 418)
ex. computer, laptop, gas
B. According to the intention of the parties (as to their possibility of being
substituted by others of the same kind and quality):
1. Fungible – can be replaced by an equal quality and quantity
either by the nature of things or by common agreement;
Public Dominion – owned by the state for public use, public service,
and dev’t of natn’l wealth
– but baasically, it is owned by the citizenry
***in LGU, it is for the benefit of the REAL OWNER
(a) STATE P.Use P.Service Devt of Natnl Wealth
(b) LGU (Pol. Subd) P.Use P.Service Devt of Natnl Wealth
Public dominion (def.):
a) ownership by the State in that the State has control and
administration; or
b) ownership by the public in general.
Three Kinds of Property Of Public Dominion:
1) For public use – roads, canals for use by everyone
2) For public service – government buildings and vehicles for use by
authorized persons
3) For the development of national wealth – natural resources.

8

Properties of public dominion are outside of the commerce of man.
Again, their purpose is to serve the citizens.
They can not be the object of appropriation either by the State or
private persons.
So…
1. Cannot be sold, leased or be the subject of contracts
JDPRO | REVIEWER
Patrimonial Property of the State is the property it owns but which is not
devoted to public use, public service, or the development of the national
wealth. It is wealth owned by the State in its private, as distinguished
from its public capacity.
Patrimonial property
 Property of the State owned by it in its private or proprietary
character

2. Cannot be acquired by prescription, not even by  Not for public use, service or development of the
municipalities as against the State national wealth

3. Cannot be encumbered, attached, or be subject to levy and  May be acquired by private individuals or juridical persons through
sold at public auction. prescription; can be the object of an ordinary contract

4. Cannot be burdened with easements

5. Cannot be registered under the land registration law and be May the patrimonial property of the State be acquired by
the subject of a Torrens title prescription?

 Inclusion of public dominion property does not confer They may be acquired by private individuals or corporations thru
title on the registrant prescription.

ART. 422

Public lands v Government lands Property of the National Government

Public lands  Not self-executing

Lands of the public domain  There must be a formal declaration by the executive (exercised by
Does not include all lands of government ownership but only so much the President) or possibly legislative department that the property is
of said lands as are thrown open to private appropriation and settlement no longer needed for public use or for public service before the same
by homestead law can be classified as patrimonial property
Government lands  A positive act declaring land as alienable and disposable is required
Broader term 1. Presidential proclamation or executive order
Includes not only public lands, but also…
2. Administrative action
(1) other lands of the government already reserved or devoted to
public use, 3. Investigation reports of Bureau of Lands investigators
(2) or subject to private rights,
(3) and patrimonial lands 4. Legislative act or a statute (Sec of DENR v Yap)
Alienation of public agricultural land  Classification of public lands is the exclusive prerogative of the
Executive Department – courts have no authority (Sec of DENR v
Unless pubic land is shown to have been reclassified and alienated Yap)
by the State to a private person, it remains part of the inalienable public
domain Abandonment cannot be inferred from non-use. (Roponggi case)
All other lands are presumed to belong to the State
 Two requisites for judicial confirmation of imperfect or incomplete
Santos v. Canals constructed by private persons title, under CA 141
Moreno within private lands are of private
ownership. 1. open, continuous, exclusive and notorious possession
and occupation of the subject land by himself or through
ISSUE: whether the canals are of public his predecessors-in-interest under a bona fide cliam of
dominion or private ownership. ownership since time immemorial or from June 12, 1945
HELD: The canals are private; their 2. classification of the land as alienable and disposable land
destruction may not be ordered. of the public domain (Sec of DENR v Yap)
Article 420 states that canals constructed by the
State are of public ownership; conversely, canals  Unclassified land? Considered as forest land (Sec of DENR v Yap)
constructed by private persons within private lands
are of private ownership.

ART. 421 : PATRIMONIAL PROPERTY

9
 JDPRO | REVIEWER
Property of Political Subdivisions Martinez Creek is owner of public dominion
not man-made
 For provinces, cities and municipalities, the conversion must be Binalay Water – public dominion
authorized by law Cavite The leased is beyond the commerce of man,
hence, cannot be the subject of public dominion
 Municipal corporation has discretionary power to withdraw a street Harty Public plazas are ownership of public dominion
from public use and sell it. (Cebu Oxygen v Becilles) which cannot be acquired through acquisitive
prescription because this cannot be acquired for
private dominion
Dacanay Roads and streets are owned by Public
ART. 423 - 424 dominion, therefor, not capable of private
ownership
Property of Political Subdivisions public nuisance
any structure placed in a public domain can be
 Note that the articles speak of property for public use, indicating that abaited anytime
properties for public service are patrimonial. (ambulance of the local Ignacio
government)

 Political subdivisions cannot register as their own any part of the

public domain, unless it is first shown that a grant thereof has been
made or possession has been enjoyed during the period necessary
to establish a presumption of ownership.
OWNERSHIP
 If the property is owned by the municipality in its public and
governmental capacity, the property is public and Congress has Rights of the owner
absolute control over it.
Jus Possidendi
 If it is owned in its private or proprietary capacity, then it is
patrimonial and Congress has no control over it. (page 63, de Jus Utendi
Leon)
Jus Fruendi

Jus Abutendi
Case doctrines:
Jus Disponendi
 The use of subdivision roads by the general public does not strip it
of its private character. Jus Vindicandi

 Transfer of ownership from the subdivision owner-developer to the

local government is not automatic but requires a positive act from
the owner-developer before the city or municipality can acquire
dominion over the subdivision roads. Until and unless the roads are
donated, ownership remains with the owner-developer. (Woodridge
School, Inc v ARB Construction Co, Inc)

ART. 425 : PRIVATE OWNERSHIP

Owned by the state in its economic business

proprietory capacity
those owned by private person

Private property

1. Belonging to private persons, either individually or collectively

2. Belonging to the State and any of its subdivisions which are

patrimonial in nature

 There is nothing that will prohibit churches from alienating things

classified into ‘sacred, religious, and holy.’

CASES

Santos Cancel system

Public domain
Cabangis There is a de facto eminent domain in his case
Reclaimed/dredged by the

10

LAW
Science of moral rules founded on the rationale nature of man which
governs free activity to attain individual and collective needs.
DEFINE PROPERTY
Economic concept referring to things which are useful for human life and
activity which can be owned, distributed, and organized one way or the
other for the good and man and of his society.
Why is it an economic concept?
Because supply and demand needs to be managed.
Evolution of Property
 It must be tangible
 Intangible; Exists in the eyes of the law
 Money.
 Negotiable Instruments
 Cashless Payment
 Mobile Card Payment
 Online payment
THINGS
Are all that exists and can be identified using any of the five senses.
Kinds of things
 Res Communes
Owned by everybody. They belong to everybody but does not belong to
anybody. Cannot be owned in entirely. Air, sunlight, sea.
 Res Nullius
These things belong to no one because they have not yet been
appropriated. Are capable of private ownership. Fishes, wild animals.
 Res Alicujus
Objects which are tangible or intangible which are owned privately.
RIGHTS
Real right
Right of ownership and is enforceable against the world whether movable
or immovable.
Personal right
Enforceable against a specific person with no reference of a particular
property.
Importance of classification
For purposes of applying the rules of acquisitive prescription
In determining the propriety of the object of the contracts of
pledge, chattel mortgage and real estate mortgage
 For purposes of determining the formalities of a donation
 In extrajudicial deposit
 In crimes of theft, robbery and usurpation
 For purposes of determining the venue in remedial law
IMMOVABLE PROPERTY
Land and anything permanently attached to the land.
415 MEMORIZE
Article 415. The following are immovable property:
(1) Land, buildings, roads and constructions of all kinds adhered to the
soil;
(2) Trees, plants, and growing fruits, while they are attached to the land
or form an integral part of an immovable;
JDPRO | REVIEWER
(3) Everything attached to an immovable in a fixed manner, in such a way
that it cannot be separated therefrom without breaking the material or
deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation,
placed in buildings or on lands by the owner of the immovable in such a
manner that it reveals the intention to attach them permanently to the
tenements;
(5) Machinery, receptacles, instruments or implements intended by the
owner of the tenement for an industry or works which may be carried on
in a building or on a piece of land, and which tend directly to meet the
needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding
places of similar nature, in case their owner has placed them or preserves
them with the intention to have them permanently attached to the land,
and forming a permanent part of it; the animals in these places are
included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part
of the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their
nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over
immovable property. (334a)
Classification of Real Properties (Instances where a property
becomes Real Property)
 by nature
 by incorporation
 by destination or purpose
 by analogy
By Nature
those which by their essence and nature are immovable or cannot be
moved from one place to another, such as lands and roads
By Incorporation
those which are treated as immovable by reason of their attachment or
incorporation to an immovable in such manner as to be an integral part
thereof, such as buildings and constructions of all kinds adhered to the
soil
By Destination
those which are essentially movable, but by the purpose for which they
have been placed in an immovable, partake of the nature of the latter
because of the added utility derived therefrom.
Immovable by analogy or by law
Contracts for public works, and servitudes and other real rights over
immovable property.
Building treated separately from the land is still immovable.
A building treated separately from the land on which it stood is immovable
property and the mere fact that the parties to a contract seem to have
dealt with it separate and apart from the land on which it stood in no wise
changed its character as immovable property.
Thus, while it is true that a mortgage of land necessarily includes, in the
absence of stipulation, the improvements thereon, still a building by itself
may be mortgaged apart from the land on which it has been built. Such a
mortgage would still be a real estate mortgage for the building would still
11

be considered immovable property even if dealt with separately and apart
from the land.
Building built on land of another is still immovable.
a building is an immovable property regardless of whether or not said
structure and the land on which it is adhered to belong to the same owner
or whether it is erected by the owner of the land or by a usufructuary or
lessee.
Parties may treat real property as personal.
Standard Oil Co. of New York v. Jaramillo: the parties to a contract may
by agreement treat as personal property that which by nature would be a
real property as long as it is not prejudicial to third persons.
Wearever: If a house of strong materials, like what was involved in the
above Tumalad case, may be considered as personal property for
purposes of executing a chattel mortgage thereon as long as the parties
to the contract so agree and no innocent third party will be prejudiced
thereby, there is absolutely no reason why a machinery, which is movable
in its nature and becomes immobilized only by destination or purpose,
may not be likewise treated as such.
However nature of property does not change.
The classification of property into real or personal is provided for by law
and may not, therefore, be changed by the agreement of the parties. As
such, even if the parties may treat as personal property that which under
the law is a real property, that agreement does not in any way alter the
character of the property as an immovable or real property.
Construction Adhered to the Soil (REQUISITES TO BE IMMOVABLE)
 To be immovable, the construction must be attached
permanently to the land.
 The adherence to the soil must not be of provisional or
temporary character but fixed or integral.
Trees and Plants (when are they considered real or personal)
Trees, plants and growing fruits, while they are attached to the land, are
immovable property.
They are immovable by reason of their incorporation to the soil or because
they form an integral part of the immovable.
If, therefore, the trees or plants are cut or uprooted for purposes of making
them firewood or timber they become movable property except when the
timber constitutes the natural product of the tenement and, therefore,
forms an integral part of the immovable.
Growing Fruits
With regard to growing fruits, they are considered as real property so long
as they are still attached to the soil. But for certain purposes and while still
attached to the soil, growing fruits may exceptionally be treated as
personal property. By way of example, ungathered fruits are considered
personal property for the purpose of sale of the whole or part of the crops.
Sibal: for purposes of attachment and execution, and for the purposes of
the Chattel Mortgage Law, ungathered products have the nature of
personal property.
Everything Attached To An Immovable In A Fixed Manner
Their attachment to an immovable must be in a fixed manner and in such
a way that they cannot be separated therefrom without breaking the
material or deterioration of the object.
JDPRO | REVIEWER
Board of Assesment: steel towers of Meralco could not be included under
paragraph 3 because they are not attached
to an immovable in a fixed manner since they could be separated without
breaking the material or causing deterioration upon the object to which
they were attached.
Statues, reliefs, paintings or other objects for use or ornamentation
These are real properties by destination.
In order that statues, reliefs, paintings or other objects for use or
ornamentation may be considered as real property, the following
requisites must concur:
1. they must be placed in buildings or on lands by the owner of
the immovable or by his agent; and
2. the attachment must be intended to be permanent.
Machineries, Receptacles, Instruments or Implements
Machineries, receptacles, instruments or implements are essentially
movables but by reason of their purpose — they being destined for use in
the industry or work in the tenement — they are converted into real
properties.
Requisites:
(1) They must be machinery, receptacles, instruments or
implements;
(2) They must be placed by the owner of the tenement or by his
agent;
(3) There must be an industry or work carried in such building
or on the piece of land; and
(4) They must tend directly to meet the needs of said industry
or work.
General Rule: machinery which is an essential and principal element of
the industry which is movable by nature becomes immobilized
Exception:
when placed by tenant, usufructuary, or any other person having only a
temporary right, unless such person acted as the agent of the owner it
becomes movable.
Exception to the Exception:
If in the contract of lease, it is stipulated that such machinery, receptacles,
instruments or implements placed there by the lessee will become, at the
termination of the lease, the property of the lessor it becomes immovable.
Exception to the Exception to the Exception:
If there is a stipulation that the thing is exempted from the agreement, it
becomes movable.
Must be essential and principal elements of industry. (not incidental)
It is necessary that they must be “essential” and “principal” elements of
the industry or works without which such industry or works would be
unable to function or carry on the industrial purpose for which it was
established.
Mindanao bus: the transportation business could be carried on without the
repair or service shop if its rolling equipment is repaired or serviced in
another shop belonging to another. In this case, the tools and equipment
in question are by their nature, not essential and principal elements of
Mindanao Bus Co.’s business of transporting passengers and cargoes by
motor trucks. They are merely incidentals”
12

Fertilizer must be used in the land.
The fertilizers must actually be used on the land because it is only then
that the intention of the owner to use them on the tenement is beyond
doubt. Hence, fertilizers kept in the farmhouse are not immovable. FELS
ENERGY
MOVABLE PROPERTY
In general, all things susceptible of appropriation which can be
transported from place to place without impairment of the real property to
which they are fixed and not included in the enumeration in Article 415
are classified as “personal” or “movable” property.
MEMORIZE
Article 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included
in the preceding article;
(2) Real property which by any special provision of law is considered as
personalty;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place
without impairment of the real property to which they are fixed.
Article 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or
demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities,
although they may have real estate.
Classes of movable or personal property
1. Property not included in Art 415
2. Considered personal property by special provision of law
3. Forces of nature brought under control by science
4. In general, all movable things
a. Whether the property can be transported or
carried from place to place;
b. Whether such change of lacation can be
made without injuring the immovable to which
the object may be attached, and
c. Whether the object does not fall within any
one of the cases in Art 415
5. Obligations and actions (personal rights, they having a
definite passive subject)
6. Shares of stock
7. Other incorporeal personal property
Three Tests to Determine whether Property Is Movable or Immovable
(MANRESA)
(a) If the property is capable of being carried from place to place
(test by description);
(b) If such change in location can be made without injuring the real
property to which it may in the meantime be attached (test by
description); and
JDPRO | REVIEWER
(c) If finally, the object is not one of those enumerated or included
in Art. 415 (test by exclusion).
GROWING FRUITS may be regarded as personal for purposes of
mortgage.
SIBAL: The sugar cane, although considered as “growing fruits” and
therefore ordinarily real property must be regarded as PERSONAL
PROPERTY for purposes of the Chattel Mortgage Law, and also for
purposes of attachment, because the right to the growing crops mobilizes
(makes personal) the crops by anticipation.
ELECTRICITY is considered as personal for the crime of theft.
CARLOS: While electric current is not a fluid, still its manifestations and
effects like those of gas may be seen and felt. The true test of what may
be stolen is not whether it is corporeal or incorporeal, but whether, being
possessed of value, a person other than the owner, may appropriate the
same. Electricity, like gas, is a valuable merchandise, and may thus be
stolen.
INTEREST OR SHARE in business is personal.
STOCHECKER: A half-interest in a drugstore business, being capable of
appropriation, but not included in the enumeration of real properties under
Art. 415, should be considered personal property, and may thus be the
subject of a chattel mortgage.
CONSUMABLE and NON-CONSUMABLE
Article 418. Movable property is either consumable or non-consumable.
To the first class belong those movables which cannot be used in a
manner appropriate to their without their being consumed; to the second
class belong all the others.
Consumable — this cannot be used according to its nature without its
being consumed.
Non-consumable — can be used according to its nature without its being
consumed.
Fungible – Described by their quality, unit measurement, kind or class.
are those replaceable by an equal quality and quantity, either by the
nature of things, or by common agreement.
Non-fungible - Are those not replaceable by an equal quality and quantity,
either by the nature of things, or by common agreement.
PUBLIC and PRIVATE
Article 419. Property is either of public dominion or of private ownership.
PUBLIC DOMINION
Public dominion means ownership by the public in general, in that not
even the State or subdivisions thereof may make them the object of
commerce as long as they remain properties for public use.
Property owned by the State (or its subdivisions) in its public or sovereign
capacity and intended for public use and not for the use of the State as a
juridical person
NOTE: Property is presumed to be State property in the absence of any
showing to the contrary.
Article 420. The following things are property of public dominion:
(1) Those intended for public use, such as roads, canals, rivers, torrents,
ports and bridges constructed by the State, banks, shores, roadsteads,
and others of similar character;
13

(2) Those which belong to the State, without being for public use, and are
intended for some public service or for the development of the national
wealth.
Three kinds of public dominion property
1. Intended for public use
 Can be used by everybody
2. Not for public use but intended for some specific public service
 Only be used by duly authorized people, such as government
buildings, etc
3. Intended for the development of national wealth, even if not
employed for public use or service
 Minerals, coal, oil, forests
Either
 owned by the state
 owned by the LGU
Owned by the State
 Public use
 Public service
 Development of National Wealth.
Owned by LGU
 Public use
 Public service
No development of national wealth because natural resources
are only owned by the state under the regalian doctrine.
Which is wider in coverage, Government land or Land of Public
Dominion
Answer: The first is broader in scope, and may be said to include also
those lands devoted to public use or public service, as well as public lands
“before and after they are made available for private appropriation,’’ and
also patrimonial lands. Upon the other hand, as has already been seen
“public lands’’ are merely a part of “government lands.
Characteristics of Properties of Public Dominion
 They are outside the commerce of man, and cannot be leased,
donated, sold, or be the object of any contract
 They cannot be acquired by prescription; no matter how long
the possession of the properties has been, “there can be no
prescription against the State regarding property of the public
domain.”
 They, as well as their usufruct, cannot be levied upon by
execution, nor can they be attached.
 In general, they can be used by everybody.
 They may be either real or personal property, for it will be noted
that the law here makes no distinction.
Art. 424. Property for public use, in the provinces, cities and
municipalities consist of the
 provincial roads, city streets, municipal streets,
 the squares, fountains,
 public waters, promenades, and
 public works for public service paid for by said provinces,
cities, or municipalities.
All other property possessed by any of them is patrimonial and shall be
governed by this Code, without prejudice to the provisions of special laws.
Art. 423. The property of provinces, cities, and municipalities is
divided into property for public use and patrimonial property.
PROPERTIES OF LGU’s
For Public Use
JDPRO | REVIEWER
Properties of a political subdivision for public use cannot be
alienated as such, and may not be acquired by prescription.
Patrimonial Property
Properties of a political subdivision which are patrimonial in
character may be alienated, and may be acquired by others thru
prescription
Lease of a plaza is null and void
MUN of CAVITE: The lease is null and void, because streets and plazas
are outside the commerce of man, since they are properties for public use.
In creating the lease, the municipality exceeded its authority because it
did something it was not empowered to do.
No acquisitive prescription of rivers
Meneses: Rivers are not subject to private appropriation. The law of
prescription does not apply to them.
Land which became part of the sea is public domain
Cabangis: Having become part of the sea or the seashore, it became
property for public use. When the government took steps to make it land
again, its status as public dominion remained unchanged; therefore,
Cabangis is not entitled to the land.
Cannot close a natural river.
The canal should be opened. Although the hacienda is registered under
his name under the Torrens System, this does not confer upon him any
right to the river or creek since these are properties of public dominion,
and cannot be registered.
However in another case, since the canal was man made, the municipality
government was no given the right to demolish a fishpond constructed
therein since it was not of public dominion.
Public Lands
They are that part of government lands which are thrown open to private
appropriation and settlement by homestead and other like general laws.
Among the public lands are mining, forest, and agricultural lands.
PRIVATE OWNED LANDS
3 types
 Patrimonial owned by the State
 Patrimonial owned by the LGU
 Property owned by private individuals
PATRIMONIAL
DEFINED
Patrimonial property of the State is the property it owns but which is not
devoted to public use, public service, or the development of the national
wealth. It is wealth owned by the State in its private, as distinguished from
its public, capacity.
Patrimonial properties may be acquired by private individuals or
corporations thru prescription.
PROPERTY NO LONGER INTENDED FOR PUB USE
Art. 422. Property of public dominion, when no longer intended for public
use or for public service, shall form part of the patrimonial property of the
State.
 There must be a formal declaration by the executive (exercised by
the President) or possibly legislative department that the property is
14

no longer needed for public use or for public service before the same
can be classified as patrimonial property
 Abandonment cannot be inferred from non-use.
Abandoned Road is patrimonial property.
CebuOxygen: The land can be registered in the name of the buyer,
because the street has already been withdrawn from public use, and
accordingly has become patrimonial property.
The lot’s sale was therefore valid.
OWNERSHIP
Is an independent and general right of a person to the exclusive
enjoyment, control, possession disposition and recovery of a property for
the purpose of deriving therefrom all reasonable means of the owner on
the holder thereof and for the promotion of general welfare but subject to
limitations and restrictions imposed by law or rights of other people.
Independent Right – it can exist on its own (it can stand alone)
Ownership may be exercised over things or rights
 Thing – usually refers to corporeal property
 Rights – whether real or personal, res of rights may be
corporeal or incorporeal
Bundle Rights/ Bundle of Sticks (adjuncts of ownership)
(a)jus possidendi — the right to possess
(b)jus utendi — the right to use
(c)jus fruendi — the right to the fruits
(d)jus abutendi — the right to consume (and also to transform or
abuse)
(e) jus disponendi — the right to dispose
(f) jus vindicandi — the right to recover.
Jus Possidendi
General Rule: ownership involves possession
Exception: A person may be declared owner but he may not be entitled to
possession. Lessor and lessee.
Jus Abutendi
Jus abutendi should not be understood as the right of the owner to
exercise absolute and unlimited power over the thing to the point of
destroying it by any means, however inconvenient and prejudicial to the
public interest or to the right of others.
Jus Disponendi
Jus disponendi or the power of the owner to dispose of his property
includes the power to alienate, to encumber, to limit, to transform, to
destroy and to merge.
The right to dispose covers only the property rights that you own.
General Rule: You cannot be compelled to dispose
Exceptions:
 When the Law says so
 Judicial Order
 Contract
 Expropriation
What can you dispose?
Any or all properties or rights subject to article 6 of the civil code.
JDPRO | REVIEWER
Actions to recover
Recovery or Personal
Replevin
(a) action to recover ownership of personal property
(b) in replevin you need to prove ownership or possession
before filing an action
(c) prescribes within 4 years if in good faith, 8 years if bad
faith (1132)
Recovery of Real
 Recovery of ownership - Reivindicatoria
 Recovery of possession- Interdectal and Publiciana
Interdectal – is either Forcible Entry or Unlawful Detainer
Summary proceedings to put back social order.
Forcible Entry (FISTS)
 is a summary action to recover material or physical possession
of real property when a person originally in possession was
deprived thereof by force, intimidation, strategy, threat, or
stealth.
 The action must be brought within one year from the
dispossession or discovery.
 The issue involved is mere physical possession (possession
de facto) and not juridical possession (possession de jure) nor
ownership.
Unlawful Detainer
 Unlawful detainer is the action that must be brought when
possession by a landlord, vendor, vendee or other
 person of any land or building is being unlawfully withheld after
the expiration or termination of the right to
 hold possession, by virtue of any contract, express or implied.
 In such a case, prior physical possession IS NOT required.
 The issue involved is mere physical possession (possession
de facto) and not juridical possession (possession de jure) nor
ownership.
 To make out a case of unlawful detainer, the complaint must
show that the withholding of possession, or the refusal to
vacate, is UNLAWFUL.
 The action must be brought within one year from the time
possession becomes unlawful, thus —
o if there is a fixed period for the termination of the
lease, the lease ends automatically without need of
any demand; hence, the one-year period begins
from the expiration of the lease.
o if the reason for ejectment is non-payment of rent
or the non-fulfi llment of the conditions of the lease,
then the one-year period must be counted from the
date of demand to vacate.
Note: If action interdictal has prescribed the plaintiff may resort to action
publiciana.
Publiciana
 The accion publiciana is intended for the recovery of the better
right to possess
 Recovery of legal, juridical, de jure, or better right of
possession.
 Must be filed within ten years, otherwise, the real right of
possession is lost.
Reinvindicatoria
 The accion reivindicatoria or reivindicatory action is defined as
an action to recover ownership over real property.
 Insofar as real property is concerned, ordinary prescription
which requires, aside from other requirements for prescription,
good faith and just title runs for 10 years; extraordinary
15

prescription, which does not require good faith or just title, runs
for 30 years.
 issue involved is ownership, and for this purpose, evidence of
title or mode may be introduced.
 What must be proved: identity, location and proof of
ownership. Alam na naming yun.
 Required evidence: Preponderance of evidence.
 In case of Equiponderance: The actual possessor is the
winner.
Proof of actual possession
 Title TCT
 Tax declaration
 Deed of Sale
 Estoppel
Note: If you have any of those, presumption is you are the owner.
SELF-HELP Article 429 of CC/ RPC 11/ Const Sec1Art3
Art. 429. The owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. For this purpose, he
may use such force as may be reasonably necessary to repel or prevent
an actual or threatened unlawful physical invasion or usurpation of his
property.
Note: Right to counter force by force (Tamayo).
Requisites:
1. Owner or lawful possessor
2. Reasonable Force
3. No Delay (within reasonable time)
4. Actual or threatened physical invasion or usurpation.
HOW TO PROTECT PROPERTY.
REAL
 May enclose or fense his land or tinements under 430.
 Article 430. Every owner may enclose or fence his land
or tenements by means of walls, ditches, live or dead
hedges, or by any other means without detriment to
servitudes constituted thereon.
PERSONAL
 Put it in a bank or in a safe place (Rodriguez Atty)
Who may invoke:
 the doctrine of self-help is available not only to owners
of the property but also to any of its “lawful possessor.
When not applicable:
 If the property is already taken within reasonable
period of time the theory of self-defense cannot be
invoked.
 The use of reasonable force in defense of property
under the doctrine of self-help is authorized only if the
purpose is to “repel” or “prevent” an actual or
threatened unlawful physical invasion or usurpation of
the said property.
Exception:
 Article 432. The owner of a thing has no right to prohibit the
interference of another with the same, if the interference is
necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from
the interference, is much greater. The owner may demand
from the person benefited indemnity for the damage to him.
JDPRO | REVIEWER
LIMITATION on RIGHTS
 Constitution (regalian doctrine)
 Laws or Ordinances
 Areal Navigation
 General Welfare/ Easement (rights of another)
 Inherent powers of the State.
INTERFERENCE
Art 432 The owner of a thing has no right to prohibit the interference of
another with the same, if the interference is necessary to avert an
imminent danger and the threatened damage, compared to the damage
arising to the owner from the from the interference, is much greater. The
owner may demand from the person benefited indemnity for the damage
to him.
General rule: a person cannot interfere with the right of ownership of
another
Exception: State of necessity, but of course, civil indemnification can be
asked for
Requisites:
i. interference is necessary to avert an imminent danger
and the threatened damage to actor or a third person (but
the damage must be proportionate and reasonable)
ii. imminent danger or threatening damage must be much
greater than the damage arising to the owner of the
property
Imminent Domain
Art 435 No person shall be deprived of the property except by competent
authority and for public use and always upon payment of just
compensation.
Should this requirement be not first complied with, the courts shall protect,
and in a proper case, restore the owner in his possession.
Power of eminent domain
Requisites:
i. Taking must be done by competent authority
ii. Must be for public use
iii. Owner paid just compensation
iv. Requirement of due process of law must be observed
Surface and Underground Rights
Art 437 The owner of a parcel of land is the owner of its surface and of
everything under it, and he can construct thereon any works or make any
plantations and excavations which he may deem proper, without
detriment to servitudes and subject to special laws and ordinances. He
cannot complain of the reasonable requirements of aerial navigation.
Surface rights of a landowner
Right of the owner of a parcel of land to construct any works or make any
plantations and excavations on his land is subject to:
1. Special laws
2. Local ordinances
3. Existing servitudes or easements
4. Reasonable requirements of aerial navigation
5. Rights of third persons
Underground rights
Ownership of said land does not give him the right to extract or utilize the
said minerals without the permission of the State to which said minerals
belong
For the loss sustained by such owner, he is entitled to just compensation
under mining laws or expropriation proceedings
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TREASURES
Article 439. By treasure is understood, for legal purposes, any hidden and
unknown deposit of money, jewelry, or other precious objects, the lawful
ownership of which does not appear.
Rules on the discovery
Rule 1
 Hidden treasure belongs to the owner of the building or other
properties on which it is found in its full amount or value.
Rule 2
 When the discovery is made on the property of another, or of
the State or any of its subdivisions, and by chance, one-half
thereof shall be allowed to the finder.
Exceptions
 If the finder is a trespasser, he shall not be entitled to any share
of the treasure.
 If the things found be of interest to science or the arts, the State
may acquire them at their just price, which shall be divided in
conformity with the rule stated.
ACCESSION
Art. 440. The ownership of property gives the right by accession to
everything which is produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
Accession: Addition to the principal property to increase the benefit
usefulness utility or value.
Accession, therefore, is the right of an owner of a thing to the products of
said thing as well as to whatever is inseparably attached thereto as an
accessory.
JDPRO | REVIEWER
KINDS of Fruits
1. Natural Fruits: are the spontaneous products of the soil, and
the young and other products of animals.
2. Industrial Fruits: are those produced by lands of any kind
through cultivation or labor.
3. Civil Fruits: are the rents of buildings, the price of leases of
lands and other property and the amount of perpetual or life
annuities or other similar income.
Requisites of Industrial Fruits
 it is produced by the land; and
 it is produced through cultivation or labor.
Both the natural fruits of the first kind and industrial fruits are products of
the land. They differ, however, in the manner of their coming into
existence. The former is produced naturally and spontaneously by the
soil; while the latter is produced through cultivation or through human
labor.
When natural fruits and industrial fruits deemed to exist
1. Plants which produce only one crop and then perish (rice, corn,
sugar): from the time the seedlings appear from the ground
2. Plants and trees which live for years and give periodic fruits
(mangoes, oranges, epols): deemed existing until they actually
appear on the plants or trees
3. Animals: beginning of the maximum ordinary period of gestation
(when there can be no doubt that they are already in the womb of
the mum)
4. Fowls: the fact of appearance of chicks should retroact to the
beginning of incubation

As distinguished from Accessory: CONTINUA

Addition to the principal property to increase embellishment beauty or accession continua is the right of the owner to anything which is
ornamentation. incorporated or attached to his property, whether the attachment is by
reason of natural or artificial causes
Note: Accession is a part of the bundle of rights, produced, incorporated
or attached. KINDS:
1.) With reference to real property
Is accession a mode of acquiring ownership? a) accession industrial
(1) building
NO. Because there is already an existing ownership, it is merely an
(2) planting
extension of the rights of the owner.
(3) sowing
b) accession natural
(1) alluvium
KINDS of ACCESION: (2) avulsion
(3) change of course of rivers
 DISCRETA (fruits): accesion discreta is the right of the owner (4) formation of islands
to the products of his property or to the fruits of the same. 2) With respect to personal property
 CONTINUA (incorporated or attached to his property): As a) adjunction or conjunction
defined, accession continua is the right of the owner to (1) inclusion (engraftment)
anything which is incorporated or attached to his property, (2) soldadura (attachment)
whether the attachment is by reason of natural or artificial (3) tejido (weaving)
causes (4) pintura (painting)
o Accession Industrial (5) escritura (writing)
o Accession Natural (b) mixture (confusion — liquids; commixtion — solids)
DISCRETA (c) specification.
accesion discreta is the right of the owner to the products of his property
or to the fruits of the same. RULES:
General Rule: Fruits belong to the owner of principal.  Accessory follows the principal
Exceptions:  No person shall enriched at the expense of another
 Good faith is rewarded, bad faith is penalized
 Possesor in good faith  If inpari delicto both in bad faith treated as good faith
 Unjust Enrichment Exception to Accesory follows the principal:
 Negotiorum Gestio
1. Family Code 120
2. Governed by contract of lease

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 JDPRO | REVIEWER
INDUSTRIAL same provided there is no injury to the
principal thing (land or building)
Sowing vs Planting
Right of retention only applies when LO
 Planting: Perennial Plants, plants intended to stay in the land chooses to appropriate (but does not
for a long term apply if property of public dominion)
 Sowing; Cash Crops, plants ripped or harvested in less than Option 2: To oblige the BP to buy To purchase land at fair market value at
one year or intended for a short period of time. the land or the S to pay the proper time of payment when value is not
REMEDIES IN ACCESSION rent unless the value of the land is considerably more than that of the
considerably more than that of the building or trees
What’s good faith? building or trees
1. Honest belief that the land he is building, planting, sowing on is his To pay rent until the purchase has been
Legal implication of planter v sower: made (Technogas case)
or that by some title, he has a right to build, plant, sow on it; and
2. Ignorance of any defect or flaw in his title Owner can’t compel sower to buy, If BP cannot pay purchase price of the
only rent. land, LO can require BP to remove
When does good faith cease? whatever has been built, planted, or
sown.
 From the moment defects in the title are made known to the
possessor by extraneous evidence or by suit for recovery of the
property by the true owner
If the value of the land is considerably
more than that of the building or trees,
Owner Of The Property Uses The Materials Of Another BP cannot be compelled to buy the
land. In such case, BP will pay
Landowner-Builder/Planter/Sower Owner of Materials reasonable rent if LO does not choose
option 1.
Good faith Good faith
If BPS cannot pay the rent, LO can
LO-BPS can acquire the materials Entitled to full payment for value of eject BPS from the land.
provided there is full payment materials, or
Note: Rental period of sower is only
May remove materials provided until he gathers what he sowed. He
there is no substantial injury to doesn’t have the remedy of removal.
work done (Sarmiento)
Bad faith Good faith Good faith Bad Faith
Acquire the materials provided he pays Entitled to full payment for value of Option 1: To acquire whatever has Loses whatever has been built, planted
full payment plus damages materials plus damages, or been built, planted or sown without or sown without indemnity and liable to
paying indemnity except necessary pay damages
Remove materials even if there will expenses for preservation of land
be substantial injury to work done Entitled to reimbursement for
and luxurious expenses (should LO
plus damages necessary expenses for preservation of
want to acquire luxurious
improvement) plus damages land but no right to retention (and also
Good faith Bad faith 443)
Acquire materials without paying for the Loses materials without indemnity NOT Entitled to reimbursement for
value thereof and entitled to damages and will be liable for damages due useful expenses and cannot remove
due to defects or inferior quality of to defects or inferior quality of useful improvements even if removal
materials materials will not cause injury (MWSS case)
Bad faith Bad faith Not entitled to luxurious expenses
except when LO wants to acquire
Same as when both are in good faith. (value of which will be the one at the
time LO enters into possession)

Entitled to remove luxurious

Landowner is not the BPS
Landowner
Good faith
Option 1: Purchase whatever has
been built, planted, or sown after
paying indemnity which includes
necessary, useful and luxurious
expenses (if he wishes to
appropriate the luxurious
expenses)
Prohibited from offsetting or
compensating the necessary and
useful expense with the fruits
received by the BP in good faith
(Nuguid case)
Builder/planter/sower
Good faith
Receive indemnity for necessary,
useful and luxurious expenses
(depends on landowner) with right of
retention over the land without
obligation to pay rent until full payment
of indemnity
Remove useful improvement provided
it does not cause any injury (part of right
of retention)
If LO does not appropriate luxurious
improvements, BPS can remove the
Option 2: To oblige BP to buy land
or S to pay proper rent plus
damages, regardless of valuation
Option 3: To compel BPS to
remove or demolish work done plus
damages
Bad Faith
improvements if it will not cause injury
and LO does not want to acquire them.
If it will cause injury and LO doesn’t
want to acquire, he gets it for free
(Dean Del)
Obliged to pay for land or proper rent
and pay damages
Obliged to remove or demolish work
done at his expense and pay damages
Good Faith

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 JDPRO | REVIEWER
Acquire whatever has been built, Ball is in the court of the BPS. improvements) plus even if removal will not only (LO has no
planted or sown by paying damages cause damage subsidiary liability for
indemnity plus damages BPS can remove whatever has been value of materials
built, planted or sown regardless of because OM is
whether or not it will cause injury and considered in good
will be entitled to damages faith only insofar as
BPS is concerned)
If LO acquires whatever has been built,
planted or sown, BPS must be OM has no right to
indemnified the value thereof plus remove materials
damages even if there will be no
injury or damage
If LO does not acquire, BPS cannot
insist on purchasing land Option 2: To oblige To buy the land or pay Get indemnification
BP to buy the land or proper rent and liable to from the BPS
Bad Faith Bad Faith S to pay proper rent pay damages to LO
plus damages
Both in good faith
Option 3: To oblige To demolish or remove Liable to pay
BP to demolish or what has been built, damages due to
remove what has planted or sown and liable defects or inferior
DIFFERENT Landowner/BPS/Owner of Matterials been built, planted or for damages quality of materials
sown plus damages
Landowner Builder/Planter/Sower Owner of the
Materials Bad Faith Good Faith Good Faith
Good Faith Good Faith Good Faith To acquire what has To receive indemnity from TO receive indemnity
been built, planted or LO plus damages of materials
Option 1: To acquire To receive indemnity from To receive indemnity sown by paying principally from BPS
whatever has been LO with right of retention from BPS who is indemnity plus liable and in case BPS is
built, planted or sown over land until full payment primarily liable for to pay damages insolvent, subsidiarily
provided there is materials; if BPS is from LO
payment of indemnity insolvent, to proceed
(which includes value against LO who is Bad Faith Good Faith Bad Faith
of what has been subsidiarily liable with
built, planter or sown no right of retention Same Same No right to receive
plus value of indemnity for value of
materials used) materials from BPS
nor LO (who ends up
Option 2: To oblige To buy land or to pay To receive indemnity owning buildings or
BP to buy land or S to proper rent from BPS only (LO is trees)
pay rent unless value not subsidiarily liable)
of land is with right of retention
considerably more until full payment; or
than that of building
or trees To remove materials
if there will be no PRESUMPTIONS
injury on building or
trees and will have Art 446 All works, sowing, and planting are presumed made by the owner
material lien against
and at his expense, unless the contrary is proved.
BPS for payment of
materials
Disputable presumptions as to improvements:
Good Faith Good Faith Bad Faith 1. The works, sowing, and planting were made by the owner. and
2. They were made at the owner’s expense.
Same Whatever is the
choice of LO, the OM: He who alleges the contrary of these presumptions has the burden of
proof.
1. loses the materials
in favor of the BPS
EXPENSES
and Necessary expenses
 Made for the preservation of the thing, or
2. will have no right to  Those which seek to prevent the waste, deterioration, or loss of the
receive indemnity thing
from BPS nor LO Useful expenses
Good Faith Bad Faith Bad Faith  Expenses which add value to a thing or
 Augment is income
Option 1: To acquire BPS loses what has been (Since both BPS and
whatever has been built, planted or sown plus OM are in bad faith,
built, planted or sown liable for damages but is treat them both as if
without paying entitled to be indemnified they are in good ACCESION NATURAL
indemnity except for for necessary expenses faith.)
necessary expenses and luxurious expenses  Alluvium
for preservation of (should LO want to acquire Whatever is the
choice of the LO, OM  Avulsion
land and luxurious luxurious improvements)
expenses (should LO and has no right of removal has right to receive  Trees Uprooted
want to acquire indemnity for value of  Change in Course of Rivers
luxurious materials from BPS  Formation of Islands

19

Accretion/ Alluvium – it is a natural process by which a land is attached
to an existing land by the gradual and imperceptible deposit of soil
particles brought about by the natural current of the river or to the ebb and
tide of the lake or creek over a long period of time.
Alluvial Deposits: is the soil deposited on the estate fronting the river
bank; the owner of such estate is the riparian owner.
Avulsion- A large chunk of land is detached and attached to another land
brought by strong current of water.
the process whereby the current of a river, creek, or torrent segregates
from an estate on its bank a known portion of land and transfers it to
another estate.
Who is a riparian owner? Owner of the estate fronting the river bank
whose lands abate the rivers, sea, ocean, etc.
Alluvion Avulsion
 Deposit of soil is gradual  Deposit is sudden or abrupt
 Deposit of soil belongs to the  The owner of the property from
owner of the property where which a part was detached
the same was deposited retains the ownership thereof
 The soil cannot be identified  Detached portion can be
identified
ALLUVIUM
Essential Requisites of Alluvium
 That the deposit be gradual and imperceptible;
 That it resulted from the effects of the current of the water; and
 That the land where accretion takes place is adjacent to the
bank of a river.
Reasons Why Alluvium Is Granted the Riparian Owner

to compensate him for the loss he may suffer due to erosion
or the destructive force of the water and danger from floods;
 to compensate him because the property is subject to
encumbrances and legal easements
 the interests of agriculture require that the soil be given to the
person who is in the best position to cultivate the same;
 since after all, it cannot be said with certainty from whom the
soil came (indeed, the identification of previous owners is
impossible), it may just as well be logically given to him who
can best utilize the property.
AVULSION
Requisites
i. Segregation and transfer must be caused by the current of a
river, creek or torrent
ii. Segregation and transfer must be sudden or abrupt
iii. Portion of land transported must be known or identifiable
Who owns avulsion?
 the owner of the estate to which the segregated portion belonged,
retains the ownership thereof
 Where there had been accretions to the land adjacent to the bank
of a river, the riparian owner does not lose the ownership of such
accretions even if they are separated by avulsion from the land by
the sudden change of the course of the river
JDPRO | REVIEWER
When can the action be raised?
o Two years from the detachment.
o After two years it now belongs to the owner to which
it is attached.
Why is there a prescription period  because rights may be waived.
Article 6.
TREES DETACHED
Art 460 Trees uprooted and carried away by the current of the waters
belong to the owner of the land upon which they may be cast, if the owners
do not claim them within 6 months. If such owners claim them, they shall
pay the expenses incurred in gathering them or putting them in a safe
place.
Claim must be done in 6 months
o If not, the trees will belong to the owner of the land where
the trees have been cast to
o Six months is a condition precedent and not a
prescription period
o After a claim is made within 6 months an action may be
brought within the period provided by law for prescription
of movables
If improvements or trees are detached, the owner has 6 months to claim
the property.
CHANGE of RIVER COURSE
Article 461. River beds which are abandoned through the natural change
in the course of the waters automatically belong to the owners whose
lands are occupied by the new course in proportion to the area lost.
However, the owners of the lands adjoining the old bed shall have the
right to acquire the same by paying the value thereof, which value shall
not exceed the value of the area occupied by the new bed.
They belong to owners occupied by the new course of the river
o In proportion to the area lost (if only one owner lost a
portion of his land, the entire old bed should belong to
him. If more than two, then in proportion to the area lost)
The owners of land adjoining the old bed are given the preferential right
to acquire the old bed by paying the value thereof
o The indemnification shall not exceed the value of the
area occupied by the new bed (in case of disagreement,
bring the case to court.)
Law speaks of change of river course. If a river simply dries up or
disappears, the bed left dry will belong to public dominion
FORMATION OF ISLANDS
Art 464 Islands which may be formed on the seas within the jurisdiction of
the Philippines, on lakes, and on navigable or floatable rivers belong to
the State.
Art 465 Islands which through successive accumulation of alluvial
deposits are formed in non-navigable and non-floatable rivers, belong to
the owners of the margins or banks nearest to each of them, or to the
owners of both margins if the island is in the middle of the river, in which
case it shall be divided longitudinally in halves. If a single island thus
formed be more distant from one margin than from the other, the owner
of the nearer margin shall be the sole owner thereof.
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An island belongs to the State as part of its patrimonial property if it Rights of Owner of Principal Rights of Owner of Accessory
is formed:
Good Faith Good Faith
 On the seas within the jurisdiction of the Philippines
Acquires the accessory, indemnifying Loses the accessory but has a right
the owner of the value thereof to indemnity for the value of the
 On lakes
accessory
Except: When value of accessory is
 On navigable or floatable rivers much more precious than the Has a right to demand separation
principal thing (469) even if it causes injury to the principal
If it is formed in non-navigable and non-floatable rivers: thing (469)
 It belongs to the nearest riparian owner or owner of the Except: When still separable, may
margin or bank nearest to it as he is considered in the demand separation (no adjunction May demand separation (469(
best position to cultivate and develop the island anyway)
 If it is in the middle of the river, the island is divided
Good faith Bad faith
longtitudinally in halves
 If the island formed is longer than the property of the Acquires the accessory and has a Loses the thing and has liability for
riparian owner, the latter is deemed ipso jure to be the right to indemnity for damages he damages
owner of that portion which corresponds to the length of may have suffered
that portion of his property along the margin of the river
Bad faith Good faith
 If a new island is formed between an existing island and
an opposite bank, the owner of the older island is Pays for the accessory plus damages Option 1: Demand the owner of the
considered a riparian owner together with the owner of principal to pay for the value of the
the land adjoining the bank for the purpose of Separate thing even if it is destroyed accessory plus damages
determining ownership of the island plus pay damages
Option 2: Demand separation even if
it causes the destruction of the
ACCESSION OF MOVABLE PROPERTIES principal thing plus damages

Art 466 Whenever two movable things belonging to different owners are, Bad Faith Bad Faith
without bad faith, united in such a way that they form a single object, the As if both are in good faith
owner of the principal thing acquires the accessory, indemnifying the
former owner thereof for its value.

Rules to determine principal: Commixtion (SOLIDS) and Confusion (LIQUIDS)

1. Accessory is the thing attached o If good faith
2. If it cannot be determined, of what is attached, the one which  In proportion to their share
is of greater value is the principal. o If one is in bad faith
3. If same value, the one with greater volume is the principal.  The one in bad faith loses his share
4. If same volume, greater merit is the principal. Owner who caused mixture Owner of the thing mixed into

Good faith or by chance Good faith or by chance

ADJUNCTION

 The union of two movable things belonging to different owners, in Each owner acquires a right Each owner acquires a right
such a way that they form a single object, but one of the component proportional to the part belonging to proportional to the part belonging to
things preserves its value. him, bearing in mind the value of the him, bearing in mind the value of the
things mixed or confused things mixed or confused
Requisites
Bad faith Good faith
1. There are two movables belonging to different owners
Loses the thing mixed or confused Acquires the thing mixed plus entitled
2. They are united in such a way that they form a single object; and plus liable to pay damages to damages

3. They are so inseparable that their separation would impair their

nature or result in substantial injury to either
SPECIFICATION

Imparting of a new form to the material belong to another, or making of

When separation of things united are allowed the material of another into a different kind

1. Whenever the separation can be done without injury Example: Flour made into bread, grapes into wine, clay into bricks

2. When the accessory much more precious, the owner of the Owner of material Builder
accessory may demand its separation even though the principal
Good faith Good faith
thing may suffer some injury
Right to indemnification for the value Shall appropriate the thing thus
 Owner who made or caused the union or incorporation shall of the material. transformed as his own,
bear the expenses for separation indemnifying the owner of the
Except: Material more precious than material for its value.
3. When principal acted in bad faith, owner of accessory may separate transformed thing.
even if the principal thing be destroyed To be indemnified.

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Option 1: Appropriate the new thing to
himself, indemnifying the builder for
his work.
Option 2: Demand indemnity for the
material.
Good faith
Option 1: Appropriate the work to
himself without paying indemnity.
(Damages also?)
Except: When for artistic or scientific
reasons, the thing has a value
considerably higher than the material.
The owner of the material cannot
appropriate the work.
Option 2: Demand indemnity for
material plus damages.
Appropriate the same after indemnity
for material.
Bad faith
Loses his work. No right to indemnity.
Pay for the materials and damages.
Must pay indemnity and damages.
JDPRO | REVIEWER
Modes of establishing:
1. Contract (two persons share in paying purchase price)
2. Law (easement in party walls, absolute community of property)
3. Succession (in the case of heirs of undivided property)
4. Testamentary disposition or donation inter vivos (testator prohibits
partition of the property)
5. Fortuitous event or by chance (commixtion or confusion by accident)
6. Occupancy (two folks catch a wild animal in the jungles of Borneo)
Requisites of co-ownership:
 There must be two or more or plurality of owners.
 The object of the ownership must be a thing or right which is
undivided
 Each co-owner’s right must be limited only to his ideal share of
the physical whole.
Characterestics of Co-Ownership

1. Two or more co-owners

2. Single object which is not materially or physically divided, over which
QUIETING OF TITLE. and his ideals share of the whole, each co-owner exercises
ownership, together with the co-owners
Remedy for the removal of any cloud (doubt, issue, uncertainty or 3. No mutual representation by the co-owners
question) with respect to the title of real property. 4. Exists for the common enjoyment of the co-owners
5. No distinct legal personality
ART 476 Whenever there is a cloud on title to real property or any interest
6. Governed first by the contract of parties
therein, by reason of any instrument, record, claim, encumbrance or
a. otherwise, by special legal provisions
proceeding which is apparently valid or effective but it is in truth and in
b. in default of such provisions, by this Title
fact invalid, ineffective, voidable or unenforceable, and may be prejudicial
to said title, an action may be brought to remove such clod or to quiet the
title. How to determine share

An action may also be brought to prevent a cloud from being cast upon (a) Law
title to real property or any interest therein. (b) Agreement
(c) No agreement = Equal shares
Requisites: General Rule: Co-Ownership can be terminated
1. Plaintiff or complainant has a legal or an equitable title to, or interest Exception: By succession but should not be longer than 20 years.
in the real property subject of the action
2. The deed, claim or proceeding claimed to be casting cloud on his
title must be shown to be, in fact, invalid or inoperative despite its
prima facie appearance of validity or legal efficacy Thanks to:
Prescriptibility of action Bea Notes, Rabuya, Deleon, Paras, Ateneo Property Reviewer
1. If plaintiff in possession, it does not prescribe. An action to quiet title
brought by a person who is in possession of the property is
imprescriptible.

2. If plaintiff not in possession, he must invoke his remedy within the

proper prescriptive period. Ten years if in good faith, 30 years if in
bad faith.

RUINOUS BUILDINGS AN TREES IN DANGER OF FALLING

Art 482 If a building, wall, column or any other construction is in danger of

falling, the owner shall be obliged to demolish it or to execute the
necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, the

administrative authorities may order the demolition of the structure at the
expense of the owner, or take measures to insure public safety.

CO-OWNERSHIP

Form of ownership whereby two or more persons owned in common,

together or jointly the entirety of a single and undivided property but after
which each of them is the only and absolute owner of his aliquot, ideal or
spiritual share.

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