Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
LAW ON PROPERTY
1st Semester, AY 2017-2018
A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to come to class
prepared and to have read the materials scheduled to be covered during the meeting. When a student
is reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in
the discussion by asking questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off
his mobile phone or to put it on silent mode as soon as he steps into the classroom. If the student
expects a call during the meeting, he can take the call by discretely leaving the classroom.
Laptops, tablets, and other similar electronic devices, are not, likewise, prohibited but the students
who are called to recite should close these electronic devices for the duration of their recitation. The
same rule applies to mobile phones that serve as data storage.
5. Any student may discretely leave the classroom if and when absolutely necessary. When a student
is not in the classroom when called for recitation, he will be given a grade of 5.0 or its equivalent.
B. Grading System:
Recitation - 15
Quiz - 15
Mid-Term Exam - 30
Final Exam - 40
C. Reference/s:
Civil Code of the Philippines Annotated, Property, Volume II, Justice Edgardo L. Paras
Civil Code of the Philippines, Volume II, Arturo M Tolentino, Ph. B., D.C.L.
Civil Code of the Philippines, Law on Property, Volume II, Dean Ernesto L. Pineda
Civil Law, Volume II, Jose C. Vitug
OUTLINE PROPER
C. Reference/s:
Civil Code of the Philippines Annotated, Property, Volume II, Justice Edgardo L. Paras
Civil Code of the Philippines, Volume II, Arturo M Tolentino, Ph. B., D.C.L.
Civil Code of the Philippines, Law on Property, Volume II, Dean Ernesto L. Pineda
Civil Law, Volume II, Jose C. Vitug
OUTLINE PROPER
I. PRELIMINARY PROVISIONS
a. Definition of Property
b. Concept of things
c. Classification of things/property
a) Public - NCC 419-424, Rep. Act 7160, The Local Government Code (LGC), s. 18, 21-22, 89
b) Private - NCC 419, 424-425, Rep. Act 8371, The Indigenous Peoples' Rights Act, s. 3, 5, 7, 8, LGC
17.b.2.ii, 447.a.5.i, 458.a.5.i
2. With Reference to the Object: things that may be subject of property rights
a) Corporeal
i) Immoveables
- NCC 415, 426
a. Definition
b. List of immovable or real properties
ii) Moveables
- NCC 416-418, 426
b) Non-corporeal
i) Intellectual property – NCC 721-724, Rep. Act 8293 (Intellectual Property Code), s. 4.1, 22,
112, 172-173, 177
a) Natural Persons
• Cruz v. Secretary of Environment and Natural Resources, et. al.,347 SCRA 128
b) Juridical Persons
iii) Other private juridical entities – Rep. Act 6938 (The Cooperative Code), s. 6, 9
iv) Public corporations (State) – NCC 420-22, Art. XII, s. 1-2
5) Nuisance
6) Easements
- NCC 712
1. Voluntary Modes
2. Involuntary Modes
V. OWNERSHIP
A. SOLE OWNERSHIP
1. In General
2. Acquisition
IMMOVEABLE PROPERTY
MOVEABLE PROPERTY
EXCEPTIONS: FC 119-120
d) Prescription
1) Acquisitive– NCC 554, 719, 1106-1138, 1505
e) Donation
1) Definition – NCC 725-726
Object – NCC 750-752, 755-756
Effects – NCC 750-759
2) Classification
3) Formalities
a) Easements
1) Definition
2) Characteristics – NCC 617-618
3) Classification – NCC 613-616, 619, 634, 688
4) Rights and obligations – NCC 624-633
5) Creation
By title – NCC 622, 624
By will of the owners – NCC 619, 688-693
By law – NCC 619, 634-636
By prescription – NCC 620-622
6) Termination/abatement – NCC 631(2)
7) Legal Easements
b) Pertaining to waters
b) Waters
B. CO -OWNERSHIP
1. In General
2. Acquisition
3. Termination
VI. POSSESSION
B. Acquisition
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VII. USUFRUCT
A. In General
2. Rights of Owner
B. The Usufructuary
1. Obligations of Usufructuary
2. Rights of Usufructuary
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***NOTHING FOLLOWS***
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