42 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

PROPERTY - All things which are, or may be, the  Parties to a contract may treat as personal
object of appropriation (Art. 414, NCC) property that which by nature is real property;
and it is a familiar phenomenon to see things
Thing and Property Distinguished classed as real property for purposes of
THING PROPERTY taxation which on general principle might be
considered personal property (Standard Oil
includes both things which are Co. vs. Jaranillo GR No. 20329, March 16,
appropriable and non- susceptible of 1923).
appropriable objects appropriation and
which are already IMMOVABLE PROPERTIES
possessed and found
in the possession of Categories: (NIDA)
man 1. Real by nature – it cannot be carried from
place to place (pars. 1 & 8, Art. 415)
Note: Strictly speaking, “thing” is NOT 2. Real by incorporation – attached to an
synonymous with “property”. HOWEVER, the immovable in a fixed manner to be an integral
New Civil Code uses these terms part thereof (pars. 1–3 Art. 415)
interchangeably. 3. Real by destination – placed in an immovable
for the utility it gives to the activity carried
Requisites/Characteristics: (USA) thereon (pars. 4–7 and 9 Art. 415)
1. utility – ability to serve as a means to satisfy 4. Real by analogy – it is so classified by
human needs express provision of law (par. 10, Art. 415)
2. substantivity or individuality – separate and
autonomous existence Types of Immovable Properties (Art. 415)
3. appropriability – even if not yet actually 1. Land, buildings, roads and constructions
appropriated (Reyes-Puno, p.1) of all kinds adhered to the soil
 Where a building is sold to be demolished
CLASSIFICATION OF PROPERTY immediately, it is to be regarded as
movable because the subject matter of
Kinds of Properties: the contract is really the materials thereof.
1. Immovable or real (Art. 415)  Buildings are immovables by
2. Movable or personal (Arts. 416, 417) incorporation. Hence, their adherence to
the land must be permanent and
 The human body, whether alive or dead, is substantial. Portable structures are not
neither real nor personal property, for it is not immovables.
even property at all, in that it generally cannot  A building is an immovable even if not
be appropriated. Under certain conditions, the erected by the owner of the land. The
body of a person or parts thereof may be the only criterion is union or incorporation
subject matter of a transaction (See RA No. with the soil. (Ladera vs. Hodges CA-GR
349, RA No. 7170, RA No. 7719). No. 8027-R, September 23, 1952).

EXECUTIVE COMMITTEE:
HERBERT CALVIN ABUGAN overall chair and chair academics operations, MANOLO ADEL SANTOS chair hotel operations, GRACE SARAH TRIA vice
chair for operations, JUAN CARLOS NUESTRO vice chair for academics, MAE ANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS
vice chair for finance, EIREENE XINA ACOSTA vice chair for edp, ACE JELLO CONCEPCION vice chair for logistics

CIVIL LAW:
FRANCESCA LOURDES SENGA subject chair, SHEENA MARIE ABELLA assistant subject chair, ACE ARVIN GANDO edp, FRANCESCA LOURDES SENGA
persons and family relations, CRISCELYN CARAYUGAN property, MA. PELISA CORAZON PARIDO and MARY IVY ANNE GALANG wills and succession,
MARIA DANIAFLOR BERAMO and COLLEEN INFANTE obligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN
partnership, agency and trust, KATHERINE ANN ASILO credit transactions, SHEENA MARIE ABELLA torts and damages, JAN PEARL PORTUGAL land
titles and deeds, JAN MANUELLE REYES conflict of laws

MEMBERS:
Aldren Abrigo, Lloyd Elgene Apostol, Joanna Arellano, Jonathan Bajeta, Paul Isaac Barrameda, Barbara Jeniffer Bautista, Arlene Borja, Leana Blasco
Keith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Benedicto Claravall, Diane Therese Dauz, Herbert Davis, Riyah Lalaine
Domingo, Ana Ofloda delos Reyes, Ramona Diňozo, Clarissa Enano-Caenano, Carla Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau,
Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson, Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara,
Mendoza, Kristel Concepcion Ona, Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat,
Jezreel Caridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon, Deogracias Natividad
 San Beda College of Law
 A building is real property thus, its sale as
annotated in the Chattel Mortgage
Registry cannot be given the legal effect
of registration in the Registry of Real
Property (Leung Yee vs. Strong
Machinery Co. GR No. L-11658 February
15, 1918).
2. Trees, plants, and growing fruits
 When trees are cut or uprooted,
incorporation ceases and they become
movables; timber is still integral part of an
immovable property when it constitutes
the natural product of the latter.
 For purposes of attachment, execution,
and the Chattel Mortgage Law, growing
crops have the nature of personal
property (Sibal vs. Valdez GR No. L-
27352, August 4, 1927).
3. Everything attached to an immovable in a
fixed manner
 The attachment need not be made by the
owner.
 The breakage or injury, in case of
separation, must be substantial.
 The fact that the machineries were bolted
or cemented on real property mortgaged
does not make them ipso facto
immovable under Art. 415 (3) and (5) as
the parties intent has to be looked into.
Even if the properties appear to be
immovable by nature, nothing prohibits
the parties from treating them as chattels
to secure an obligation under the principle
of estoppel (Tsai vs. CA, GR No. 120098,
October 2, 2001).
4. Statues, reliefs, paintings, or other objects
for use or ornamentation
Requisites:
a. Placed by the owner or by a tenant as
agent of the owner
b. With the intention of attaching them
permanently, even if adherence will not
involve breakage or injury
5. Machinery, receptacles, instruments, or
implements for an industry or works
Requisites:
a. The machinery, etc. must be placed by
the owner of the tenement or his agent
b. The industry or works must be carried on
in a building or on a piece of land
c. The machinery, etc. must tend directly to
meet the needs of the said industry or
works
MEMORY AID IN CIVIL LAW| 43
 Movable equipments, to be immobilized in
contemplation of law, must be essential and
principal elements of an industry or works
(Mindanao Bus Co. vs. City Assessor and
Treasurer GR No. L-17870, September 29,
1962).
 Machinery, movable in nature, becomes
immobilized when placed on a plant by the
owner of the property but not so when placed
by a tenant, usufructuary or a person having
only a temporary right unless such person
acted as agent of the owner (Davao Sawmill
Co. vs. Castillo GR No. 40411, August 7,
1935).
There are 2 views on the effect of the temporary
separation of movables from the immovables to
which they are attached:
a. They continue to be regarded as
immovables.
b. Fact of separation determines the
condition of the object (supported by
Paras and Tolentino)
 If the machine is still in the building, but is no
longer used in the industry, the machine
reverts to the condition of a chattel. On the
other hand, if still needed for the industry, but
separated from the tenement temporarily, the
property continues to be an immovable
(Paras, p.20).
6. Animal houses, pigeon houses, beehives,
fish ponds, etc.
Requisites:
a. Placed by the owner, or by a tenant as
agent of the owner, with the intention of
permanent attachment
b. Forms a permanent part of the
immovable
7. Fertilizer
 “Actually used” means that it has been
spread over the land.
8. Mines, quarries and slag dumps
 They are considered as realty only if the
matter remains unsevered from the soil.
Once severed, they become personalty.
9. Docks and Structures
 Vessels are considered personal property
under the Civil Law as well as under the
common law, although occasionally
referred to as a peculiar kind of personal
property. (Phil. Refining Co., Inc. vs. Jarque
GR No. 41506, March 25, 1935).
 44 |2009 CENTRALIZED BAR OPERATIONS
10. Contracts for Public works, and servitudes
and other real rights
 A personal right is always regarded as
personal property. The exception is in the
case of contracts for public works which
are considered as real property.
MOVABLE PROPERTIES
Tests:
1. By exclusion: all not included in Art. 415
2. By description: an object is movable if:
a. It can be transported from place to place;
b. Without substantial injury to the
immovable to which it is attached.
3. Real Property considered as personal
property by special provision of law.
Kinds of Movable Properties (ASFTOS):
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 personalty
3. Forces of nature which are brought under
control by science
4. In general, all things which can be
transported from place to place without
impairment of the real property to which they
are fixed (Art. 416)
5. Obligations and actions which have for their
object movables or demandable sums
6. Shares of agricultural, commercial and
industrial entities, although they may have
real estate (Art. 417)
Classifications of Movables:
1. By Nature:
a. Consumable - cannot be used according
to its nature without it being consumed.
b. Non-consumable - any other kind of
movable property (Art. 418).
2. By Intention:
a. Fungible - replaceable by an equal quality
and quantity, either by nature of things or
agreement.
b. Non-fungibles - irreplaceable because
identical objects must be returned.
Note: The New Civil Code, in many instances,
uses the terms consumable and fungible
interchangeably.
PROPERTY IN RELATION TO WHOM IT
BELONGS (Arts. 419–425)
Property is either of:
1. public dominion
2. private ownership
I. Property of Public Dominion
Concept: It does not import the idea of
ownership. It is not owned by the state but simply
44
San Beda College of Law
under its jurisdiction and administration for the
collective enjoyment of people. The ownership of
such properties is in the social group, whether
national, provincial or municipal.
Purpose: To serve the citizens and not the state
as a juridical person.
Kinds:
1. For public use – may be used by anybody
2. For public service – may be used only by
authorized persons
3. For the development of national wealth
 The charging of fees to the public does not
determine the character of the property,
whether it is of public dominion or not. Art.
420 defines property of public dominion as
one “intended for public use”. Even if the
government collects toll fees, the road is still
“intended for public use” if anyone can use it
under the same terms and conditions as the
rest of the public (MIIA vs. CA, GR No.
155650, July 20, 2006).
Characteristics: (OI-PAE)
1. Outside the commerce of man
2. Inalienable, but when it is no longer needed
for public use or service, it may be declared
patrimonial property.
3. Cannot be acquired by prescription
4. Not subject to attachment or execution
5. Cannot be burdened with easements
Note: They CANNOT be registered under the land
registration law and be the subject of a Torrens
title. The character of public property is not
affected by possession or even a Torrens Title in
favor of private persons (Palanca vs.
Commonwealth, GR No. 46373, Jan. 29, 1940).
 As property of public dominion, the Roppongi
lot is outside the commerce of man. The fact
that it has not been used for a long time does
not automatically convert it to patrimonial
property. The conversion happens only if the
abandonment is definite and upon a formal
declaration on the part of the government to
withdraw it from public use (Laurel vs. Garcia
GR No. 92013, July 25, 1990).
 The Executive and possibly the Legislative
Departments have the authority and the
power to make the declaration (Natividad vs.
Director of Lands 37 O.G. 2906).
II. Property of Private Ownership
Kinds:
1. Property owned by the state and its political
subdivisions in their private capacity and is
known as patrimonial property (Art. 421-424)
 San Beda College of Law
2. Property belonging to private persons (Art.
425)
Patrimonial Property of the State
1. Property of the State owned in a private or
proprietary capacity
2. Property of public dominion, when no longer
intended for public use or public service, shall
form part of the patrimonial property
3. The state has the same rights over this kind
of property as a private individual in relation
to his own private property
Property of Political Subdivisions
1. Property for public use – consist of roads,
streets, squares, fountains, public waters,
promenades and public works for public
service paid for by the LGUs.
Note: The enumeration in Art. 424 are not
exclusive.
2. Patrimonial Property – all other properties
possessed by LGUs without prejudice to
provisions of special laws
Note: Arts. 423 and 424 speak of property for
public use, indicating that property for public
service is patrimonial. However, the Supreme
Court, in Province of Zamboanga Del Norte vs.
City of Zamboanga (GR No. L-23922, June 30,
1969), categorically stated that “this court is not
inclined to hold that municipal property held and
devoted to public service is in the same category
as ordinary private property. The classification of
municipal property devoted for distinctly
governmental purposes as public, under the Law
of Municipal Corporations, should prevail over the
Civil Code in this particular case.” The Law of
Municipal Corporations was considered as a
special law in the context of Art. 424 of the NCC.
 Properties of public dominion devoted to
public use are outside the commerce of men
and cannot be disposed of or leased by the
LGU to private persons. LGUs have no
authority to control or regulate the use of
public properties unless specific authority is
vested upon them by Congress (Macasiano
vs. Diokno GR N. 97764, August 10, 1992).
OWNERSHIP
The rights to enjoy, dispose, and recover a thing
without further limitations than those established
by law or the will of the owner.
SUBJECT-MATTER (Art. 427)
1. thing - usually refer to corporeal property
2. right - whether real or personal, are classified
as incorporeal property
MEMORY AID IN CIVIL LAW| 45
RIGHTS INCLUDED:
1. Right to enjoy: (PUFA)
a. to possess (jus possidendi)
b. to use (jus utendi)
c. to the fruits (jus fruendi) and accessions
d. to abuse (jus abutendi)
2. Right to dispose: (DATE)
a. to destroy
b. to alienate
c. to transform
d. to encumber
3. Right to vindicate: (PR)
a. pursuit
b. recovery
4. Right to exclude: (ER)
1. to enclose, fence and delimit
2. to repel intrusions even with force
CHARACTERISTICS: (GEEPI)
1. General – the right to make use of all the
possibilities or utility of the thing owned,
except those attached to other real rights
existing thereon.
2. Elastic – power/s may be reduced and
thereafter automatically recovered upon the
cessation of the limiting rights.
3. Exclusive – there can only be one ownership
over a thing at a time. There may be two or
more owners but only one ownership.
4. Perpetuity – ownership lasts as long as the
thing exists. It cannot be extinguished by non
user but only by adverse possession.
5. Independence – it exists without necessity of
any other right.
LIMITATIONS: (GOSIP)
1. General limitations imposed by the State for
its benefit
2. Limitations imposed by the owner himself
3. Specific limitations imposed by law
4. Inherent limitations arising from conflict with
other rights
5. Limitations imposed by the party transmitting
the property either by contract or by will
DE FACTO CASE OF EMINENT DOMAIN
 Expropriation resulting from the actions of
nature as in a case where land becomes part
of the sea. The owner loses his property in
favor of the state without any compensation.
 When the sea moves towards the estate and
the tide invades it, the invaded property
becomes foreshore land and passes to the
realm of the public domain (Republic vs. CA,
GR No. 100709, November 14, 1997).
PRINCIPLE OF SELF-HELP (Art. 429)
 The owner or lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal of the property by the
 46 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

use of such force as may be necessary to

repel or prevent actual or threatened unlawful
physical invasion or usurpation of his
property. Forcible Entry and Unlawful Detainer
Requisites: (RONA) Distinguished
1. reasonable force UNLAWFUL
2. owner or lawful possessor is the person FORCIBLE ENTRY
DETAINER
who will exercise
3. no delay in one’s exercise As to when possession became unlawful
4. actual or threatened physical invasion or Possession of the Possession is
usurpation defendant is unlawful inceptively lawful but
from the beginning as becomes illegal from
DOCTRINE OF INCOMPLETE PRIVILEGE OR he acquires possession the time defendant
STATE OF NECESSITY (Art. 432) by force, intimidation, unlawfully withholds
General rule: A person cannot interfere with the strategy, threat or possession after the
right of ownership of another. stealth expiration or
termination of his right
Exception: Doctrine of Incomplete Privilege or thereto.
State of Necessity
As to the necessity of demand
Requisites: (ID)
1. Interference necessary to avert an No previous demand for Demand is
imminent and threatened danger the defendant to vacate jurisdictional if the
2. Damage to another much greater than is necessary ground is non–
damage to property payment of rentals or
failure to comply with
LEGAL REMEDIES TO RECOVER the lease contract
POSSESSION OF ONE’S PROPERTY: As to necessity of proof of prior physical
1. Personal Property possession
Replevin – a remedy for the recovery of
possession of personal property which is Plaintiff must prove that Plaintiff need not have
governed by Rule 60 of the Rules of Court he was in prior physical been in prior physical
2. Real Property possession of the possession
a. Accion interdictal: A summary action to premises until he was
recover physical or material possession deprived thereof by the
of property. defendant
 It must be brought in the proper As to when the 1 year period is counted from
municipal trial court or metropolitan 1 year period is 1 year period is
trial court within one year from the generally counted from counted from the date
time the cause of action arises. the date of actual entry of last demand or last
i. Forcible entry (detencion): An action on the land letter of demand
for recovery of material possession of
real property when a person originally
b. Accion publiciana: An ordinary civil
in possession was deprived thereof
by force, intimidation, strategy, threat proceeding to recover the better right of
or stealth. possession of property and is resorted to
ii. Unlawful Detainer (desahuico): An when the dispossession has lasted for
action for recovery of possession of more than 1 year.
any land or building by a landlord,  The issue involved is not possession
vendor, vendee, or other person de facto but possession de jure of
against whom the possession of the realty independent of the title.
same was unlawfully withheld after  Must be brought in the proper
the expiration or termination of the regional trial court within a period of
right to hold possession, by virtue of 10 years from the time the cause of
any contract. action arises.
c. Accion reivindicatoria: An action to
recover real property based on
ownership. The object is the recovery of
dominion over the property as owner.
 Must be brought in the proper
regional trial court within a period of

46
 San Beda College of Law
10 years from the time the cause of
action arises.
Requisites:
i. The thing must be corporeal,
concrete, and determinate
ii. Proof of identity
iii. Proof of title (Reyes-Puno, p.24)
SURFACE RIGHTS (Art. 437)
The owner of parcel of land is the owner of its
surface and everything under it.
Limitations:
Horizontally: extends up to the boundaries
Vertically: extends below the surface and above
it to the extent required by the economic interest
of or utility to the owner, in relation to the
exploitation that may be made of the property
Airspace: the owner cannot complain of the
reasonable requirements of aerial navigation
HIDDEN TREASURE (Arts. 438 & 439)
Any hidden or unknown deposit of money, jewelry
or other precious objects, the lawful ownership of
which does not appear
General rule: It belongs to the owner of the land,
building or other property on which it is found.
Exceptions: The finder is entitled to ½ provided:
1. Discovery was made on the property of
another, or of the state or any of its political
subdivisions;
2. The finding was made by chance;
3. The finder is not a co–owner of the property
where it is found;
4. The finder is not a trespasser;
5. The finder is not an agent of the landowner;
6. The finder is not married under the absolute
community or the conjugal partnership system
(otherwise his share belongs to the
community).
 It is necessary that no known owner appears.
“Hence, that money found in a library, when
the books were delivered to the legatees in a
testamentary proceeding, could not be
considered a treasure because it was shown
that the library had been used by the testator
and that money consisted, in greater part, of
this kind in circulation during the life of the
testator” (1 Capistrano 394).
ACCESSION (Arts. 440– 475)
The right by virtue of which the owner of a thing
becomes the owner of everything that is produced
thereby or which is incorporated or attached
thereto, either naturally or artificially.
MEMORY AID IN CIVIL LAW| 47
ACCESSORIES - things joined to or included with
the principal thing for the latter’s embellishment,
better use, or completion
Classifications:
1. Accession Discreta – the right pertaining to
the owner of a thing over everything produced
thereby
Fruits - all periodical additions to a principal
thing produced by forces inherent to the thing
itself
Requisites:
a. increase or addition to the original thing
b. at repeated intervals
c. by inherent forces
Kinds of Fruits
a. natural fruits – spontaneous products of
the soil, the young and other products of
animals
b. industrial fruits – those produced by lands
of any kind through cultivation or labor
c. civil fruits – rents of buildings, price of
leases or lands and the amount of
perpetual or life annuities or other similar
income
 Bonus to planters for the risk undergone
in mortgaging property is NOT a civil fruit
of the mortgaged property (Bachrach
Motor Co. vs. Talisay-Silay Milling Co.
GR No. 35223, September 17, 1931).
General rule: To the owner of the principal
belongs the natural, industrial, and civil fruit.
Exceptions: If the thing is: (PULA)
a. in possession of a possessor in good
faith;
b. subject to a usufruct;
c. leased or pledged; or
d. in possession of an antichretic creditor
General rule: Expenses of production,
gathering and preservation (whether more or
less than the value of the fruits) must be
borne by the receiver of the fruits.
Exception: The rule does NOT always apply
to pending fruits.
2. Accession Continua – the right pertaining to
the owner of a thing over everything that is
incorporated or attached thereto either
naturally or artificially; by external forces.
a. With respect to real property
 48 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

i. accession industrial Without collect

 building, planting, sowing subsidiary damages (546,
ii. accession natural liability for cost 449)
of material
 alluvium, avulsion, change of
Good Faith Bad Faith Bad Faith
course of rivers, formation of Option to: Recover Recover value
islands Acquire necessary from B, P, S
b. With respect to personal property improvement expenses for (as if both
i. adjunction or conjunction w/o paying preservation acted in good
ii. commixtion or confusion indemnity and Lose faith)
iii. specification collect improvements If B, P, S
damages, or w/o right to acquires
Basic Principles: (GONE BAD) Demolition or indemnity from improvements,
restoration, and LO (452) remove
1. He who is in good faith may be held collect unless the LO materials if w/o
responsible but will not be penalized. damages, or sells land injury (447)
2. To the owner of a thing belongs the extension Sell to B, P or No action
or increase of such thing. rent to S, and versus LO
3. Bad faith of one party neutralizes the bad collect
faith of the other. damages
4. There should be no unjust enrichment at the Pay necessary
expense of others. expenses to B,
5. Bad faith involves liability for damages. P, S (449, 450,
451)
6. Accessory follows the principal.
Bad Faith
7. Accession exists only if the incorporation is {Same as though all acted in good faith (453)}
such that separation would either seriously Bad Faith Good Faith Good Faith
damage the thing or diminish its value. Acquire Remove Remove
improvements improvements materials if w/o
Right of Accession With Respect To Real after paying in any event injury
Property indemnity and Be indemnified Collect value of
damages to B, for damages materials,
Accession Industrial P, S primarily from
Subsidiarily B, P, S;
Table of Rights and Obligations: liable to owner subsidiarily
BUILDER, OWNER OF of materials from LO (447,
LANDOWNER PLANTER, THE (454, 447, 455) 455)
(LO) SOWER MATERIALS Bad Faith Bad Faith Good Faith
(B,P,S) (OM) Acquire Right of Collect value of
Good Faith Good Faith Good Faith improvements retention for materials
Acquire Right of Collect value after indemnity necessary primarily form
improvements retention for of materials to B, P, S; expenses B, P, S;
and pay to B, necessary and primarily from subsidiarily Pay value of subsidiarily
P, S indemnity; useful expense B, P, S; liable to owner materials to from LO
subsidiarily Pay value of subsidiarily of materials owner of 2. Collect
liable to owner materials to from land a. Sell to B, P materials and damages
of materials owner of owner if B, P, S except: if the pay him 3. If B, P, S
a. sell land to B materials insolvent value is damages (546, acquires
or P except if Remove only if considerably 447) improvements
the value of the without injury more remove
land is (455, 447) b. Rent to S materials in any
considerably (453, 448, 546, event (447,
more 548, 455) 455)
b. rent to S Good Faith Bad Faith Good Faith
(448, 546, 455) Option to: Recover Collect value of
Good Faith Good Faith Bad Faith Acquire w/o necessary materials and
Acquire Right of Lose them paying expenses (452, damages from
improvements retention for without right to indemnity and 443) B, P, S and
and pay necessary and indemnity (449) collect Lose subsidiarily
indemnity to B, useful damages improvements from LO
P, S expenses Sell to B, P and w/o right of Remove
A. Sell to B, P Keep building, rent to S and retention from materials in any
except if the planting or collect LO (452) event if B, P, S
value of land is sowing w/o damages unless LO sells acquires
considerably indemnity to Demolish or the land improvements
more, forced owner of restore and
lease materials and

48
 San Beda College of Law MEMORY AID IN CIVIL LAW| 49

collect may also oblige the builder, planter or sower

damages to pay the price of the land. If the owner
Pay necessary chooses to sell his land, the builder, etc. must
expenses to B, purchase the land; otherwise, the owner may
P, S
remove the improvements thereon. The
Subsidiarily
liable to owner builder, etc. is not obliged to purchase the
of materials land if its value is considerably more than the
(449, 450, 451) building. In such case, the builder, etc. must
Bad Faith Good Faith Bad Faith pay rent. If the parties cannot come to terms
Acquire Indemnity for No indemnity; over the conditions of the lease, the court
improvements damages lose materials must fix the terms thereof. (Ballatan vs. CA,
& pay Remove (449) GR No. 125683, March 2, 1999).
indemnity & improvements
 The landowner may not refuse both to pay for
damages to B, in any event
P, S (454,447) (454,447) the building and to sell the land and instead
seek to compel the owner of the building to
Article 448: remove the building from the land. He is
entitled to such removal ONLY when, after
Application: having chosen to sell the land, the other party
fails to pay for said land (Ignacio vs. Hilario
 Applies only when the builder, planter or
GR No. L-175, April 30, 1946).
sower believes he has the right to build, plant
or sow because he thinks he owns the land or  Should no other arrangement be agreed
believes himself to have a claim of title upon, the owner of the land does not
(Morales vs. CA, GR No. 126196, January automatically become the owner of the
28, 1998). improvement (Filipinas Colleges, Inc. vs.
Timbang GR No. L-12812, September 29,
 When the co-ownership is terminated by a
1959).
partition and it appears that the house of an
erstwhile co-owner has encroached upon a
Right to choose:
portion pertaining to another co-owner which
was however made in good faith, then the  It is the owner of the land who must exercise
provisions of Art. 448 should apply to the option because his right is older and
determine the respective rights of the parties because, by the principle of accession, he is
(Ignao vs. Intermediate Appellate Court GR entitled to the ownership of the accessory
No. 72876, January 18, 1991). (Bernardo vs. Bataclan GR No. 44606,
November 28, 1938).
 Does not apply where one’s interest in the
land is merely that of a holder such as a mere  The so-called “workable solution,” as provided
lessee under a rental contract (Balucanag vs. in the case of Grana vs. CA (GR No. L-
Francisco GR No. L-33422, May 30, 1983), 49219, April 18, 1988) is one where the Court
an agent, or a usufructuary (Macasaet vs. orders the owner of the land to sell to the
Macasaet GR No. 154391, September 30, builder, etc. the part of the land intruded
2004). upon, and thereby depriving him of his right to
choose, because it would be impractical to
 The provision on indemnity in Art. 448 may be
choose the first alternative for the whole
applied by analogy considering that the
improvement might be rendered useless.
primary intent of the law is to avoid a state of
forced co–ownership especially where the
Accession natural
parties agree that Arts. 448 and 546 are
applicable and indemnity for the
1. Alluvion or Alluvium (Art. 457-458)
improvements may be paid although they
Increment which lands abutting rivers
differ as to the basis of the indemnity. It is the
gradually receive as a result of the current of
current market value of the improvements
the waters
which should be made the basis of
reimbursement to the builder in good faith
Accretion - the process by which a riparian
(Pecson vs. CA, GR No. 94033, May 29,
land gradually and imperceptibly receives
1995).
addition made by the water to which the land
is contiguous
Options of the landowner:
 The owner of the land shall have the right to Requisites of alluvion or accretion:
appropriate as his own the building, planting a. the deposit or accumulation of soil or
or sowing, after payment of the necessary sediment must be gradual and
and useful expenses. The owner of the land
 50 |2009 CENTRALIZED BAR OPERATIONS
imperceptible (increase must be
comparatively little)
b. the accretion must result from the effects
or action of the current of the water
c. that the land where accretion takes place
is adjacent to the bank of the river
 Accretions belong to the riparian owners
upon whose lands the alluvial deposits
were made (Agustin vs. Intermediate
Appellate Court GR Nos. 66075-76, July
5, 1990).
Reasons for the rule:
a. To compensate the owner for losses
which they may suffer by erosion.
b. To compensate them for the burdens of
legal easements, which are imposed
upon them
c. Because it is the owner of the contiguous
land who can utilize the increment to the
best advantage
d. Because this is the only feasible solution,
since the previous owners can no longer
be identified.
 An alluvion is automatically owned by the
riparian owner from the moment the soil
deposit can be seen but the additional
area does not automatically become
registered land just because the lot which
receives such accretion is covered by a
Torrens title. The riparian owner must
register the additional area (Heirs of E.
Navarro vs. Intermediate Appellate Court
GR No. 68188, October 13, 1997).
 Failure to register the acquired alluvial
deposit by accretion subjects said
accretion to acquisition thru prescription
by third persons (Reynante vs. CA, GR
No. 95907, April 8, 1992).
 A riparian owner cannot acquire the
addition to his land caused by special
works (e.g., dikes) expressly intended by
him to bring about accretion (i.e., for
reclamation purposes) and not to protect
his property from the destructive force of
the waters of the river (Republic vs. CA,
GR No. L-43105, August 31, 1984).
 In the absence of evidence that the
change in the course of the river was
sudden, the presumption is that the
change was gradual and was caused by
alluvium and erosion (Payatas-Estate
Improvement Co. vs. Tuason GR No. L-
30067, March 23, 1929).
2. Avulsion (Art. 459)
50
San Beda College of Law
The transfer of a known portion of land from
one tenement to another by the force of the
current. The portion of land must be such
that it can be identified as coming from a
definite tenement.
Requisites:
a. the segregation and transfer must be
caused by the current of a river, creek or
torrent
b. the segregation and transfer must be
sudden or abrupt
c. the portion of land transported must be
known or identified
Note: The owner must remove (not merely
claim) the transported portion within two years
to retain ownership.
 Art. 460 applies only to uprooted trees. If
a known portion of land with trees
standing thereon is carried away by the
current to another land, Art. 459 govern
and the 2 year period applies.
 In case of uprooted trees, the owner
retains ownership if he makes a claim
within 6 months. This does not include
trees which remain planted on a known
portion of land carried by the force of the
waters. In the latter case, the trees are
regarded as accessions of the land
through gradual changes in the course of
adjoining stream (Payatas-Estate
Improvement Co. vs. Tuason GR No. L-
30067, March 23, 1929).
Alluvium and Avulsion Distinguished
ALLUVIUM AVULSION
gradual and sudden or abrupt
imperceptible process
soil cannot be identified identifiable and
verifiable
belongs to the owner of belongs to the owner
the property to which it from whose property it
is attached was detached
3. Change of Course of Rivers (Art. 461–462)
Requisites: (NAPA)
a. There must be a natural change in the
course of the waters of the river;
otherwise, the bed may be the subject of
a State grant (Reyes–Puno, p.54).
b. The change must be abrupt or sudden
c. The change must be permanent; the rule
does not apply to temporary overflowing
d. There must be abandonment by the
owner of the bed i.e. a decision not to
 San Beda College of Law
bring back the river to the old bed.
(Reyes–Puno, p.53).
 Once the river bed has been abandoned,
the owners of the invaded land become
owners of the abandoned bed to the
extent as provided by Art. 462. No
positive act is needed on their part, as it
is subject thereto ipso jure from the
moment the mode of acquisition becomes
evident.
 It does not apply to cases where the river
simply dries up because there are no
persons whose lands are occupied by the
waters of the river.
4. Formation of Islands (Arts. 463–465)
Rules on Ownership:
a. If formed by the sea:
i. within territorial waters – State
ii. outside territorial waters – to the first
occupant
b. If formed in lakes, or navigable or
floatable rivers – State
c. If formed on non–navigable or non–
floatable rivers:
i. if nearer to one margin or bank – to
the nearer riparian owner
ii. if equidistant from both banks – to the
riparian owners, by halves
 There is no accession when islands are
formed by the branching of a river; the
owner retains ownership of the isolated
piece of land.
Right of Accession With Respect To Personal
Property
Basic Principle: Accession exists only if
separation is not feasible. Otherwise, separation
may be demanded.
Kinds:
1. Adjunction/ conjunction (Arts. 466-471): The
union of two movable things belonging to
different owners, in such a manner that they
cannot be separated without injury, thereby
forming a single object
Requisites:
a. the two things must belong to different
owners
b. that they form a single object, or that their
separation would impair their nature
Kinds:
a. inclusion or engraftment
MEMORY AID IN CIVIL LAW| 51
b. soldadura or soldering
i. ferruminacion – if both the accessory
and principal objects are of the same
metal
ii. plumbatura – if the accessory and
principal objects are of different
materials
c. escritura or writing
d. pintura or painting
e. tejido or weaving
Tests to determine principal in adjunction:
a. the “rule of importance and purpose” (Art.
467)
b. that of greater value – if they are of
unequal values
c. that of greater volume – if they are of
equal values
d. that of greater merits – take into
consideration all pertinent provisions
applicable as well as the comparative
merits, utility and volume
Rules on Who is Entitled:
a. Adjunction in good faith by either owner:
General rule: Accessory follows the
principal
Exceptions: If the accessory is much
more precious than the principal, the
owner of the accessory may demand the
separation even if the principal suffers
some injury
b. Adjunction in bad faith by the owner of
the principal
Options of the owner of the accessory:
i. to recover the value plus damages
ii. to demand separation plus damages
c. Adjunction in bad faith by the owner of
the accessory
i. he loses the accessory
ii. he is liable for damages
When separation of things allowed:
i. separation without injury
ii. accessory is more precious than the
principal
iii. owner of the principal acted in bad
faith
2. Mixture (Arts. 472-473): Union of materials
where the components lose their identity
Kinds:
a. Commixtion – mixture of solids
b. Confusion – mixture of liquids
Rules:
 52 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

a. By the will of both owners or by accident: SPECIFICATIO

each owner acquires an interest in ADJUNCTION MIXTURE
N
proportion to the value of his material
Things joined Things The new object
b. By one owner in good faith: apply rule (a)
retain their mixed or retains or
c. By one owner in bad faith:
nature confused preserves the
i. he loses all his rights to his own
may either nature of the
material
retain or original object.
ii. he is liable for damages
lose their
respective
3. Specification (Art. 474): The transformation of
natures
another’s material by the application of labor.
The material becomes a thing of different
kind. Labor is the principal QUIETING OF TITLE (Arts. 476–481)

Rules: Cloud on title

a. Owner of the principal (worker) in good
faith:
i. maker acquires the new thing
ii. he must indemnify the owner of the
material
Exception: if the material is more
valuable than the resulting thing, the
owner of the material has the option:
i. to acquire the work, indemnifying for
the labor, or
ii. to demand indemnity for the material
b. Owner of the principal (worker) in bad
faith, the owner of the material has the
option:
i. to acquire the result without indemnity
ii. to demand indemnity for the material
plus damages
c. Owner of the material in bad faith
i. he loses the material
ii. he is liable for damages
Indemnity of the material, how paid (Art 471):
a. The delivery of the same quality, kind and
quality; or
b. The payment of the value, as per expert
appraisal.
 In determining the value, sentimental
value must be taken into account.
A semblance of title, either legal or equitable, or a
claim or a right in real property, appearing in
some legal form but which is, in fact, invalid or
which would be inequitable to enforce
Action to quiet title
An action to remove cloud or to quiet title is a
remedy or proceeding in equity, the purpose of
which is the declaration of the invalidity of a claim
on a title or the invalidity of an interest in property
adverse to that of the plaintiff, and thereafter to
free the plaintiff and those claiming under him
form any hostile claim thereon.
General rule: Only real property could be the
subject matter of quieting of title.
Exception: Certain personal properties like
vessels may be the object of quieting of title.
Nature:
Actions for quieting of title are neither suits in rem
nor suits in personam. They are suits against a
particular person in respect to the res and the
judgment will apply only to the property in dispute.
They are suits quasi in rem (Realty Sales
Enterprises, Inc. vs. Intermediate Appellate Court
GR No. L-67451, September 28, 1987).

Adjunction, Mixture and Specification Requisites: (LCD-R)

1. plaintiff must have a legal or equitable title to,
Distinguished
or interest in the real property which is the
SPECIFICATIO subject matter of the action;
ADJUNCTION MIXTURE
N 2. there must be a cloud in such title;
Involves at Involves at May involve one 3. such cloud must be due to some instrument,
least 2 things least 2 thing (or more) record, claim, encumbrance or proceeding
things but form is which is APPARENTLY VALID but is in truth
changed invalid, ineffective, voidable or unenforceable,
and is prejudicial to the plaintiff’s title; and
Accessory Co- Accessory
4. plaintiff must return to the defendant all
follows the ownership follows the
benefits he may have received from the latter,
principal results principal
or reimburse him for expenses that may have
redounded to his benefit.

Classes:

52
 San Beda College of Law MEMORY AID IN CIVIL LAW| 53

1. Remedial (Action to quiet title) - the action  The fall of the tree, occasioned by the inaction
may be brought to remove a cloud or quiet or negligence of the owner, someone has
title to real property or an interest therein (Art. been hurt, the owner of the tree is liable for
476 par. 1) damages under the law on quasi-delict (Art.
2. Preventive (Action quia timet) - to prevent a 2191, par. 3).
future cloud (doubt) from being cast upon the
title to real property or an interest therein (Art.
CO- OWNERSHIP
476 par. 2).
That form of ownership which exists whenever an
Prescriptive Period: undivided thing or right belongs to different
1. plaintiff in possession – imprescriptible persons.
2. plaintiff not in possession – 10 (ordinary) or  By the nature of co–ownership, a co–owner
30 years (extraordinary) cannot point to any specific portion of the
property owned in common as his own
The action to quiet title does NOT apply: because his share in it remains intangible and
1. to questions involving interpretation of ideal (Avila et al. vs. Sps. Barabat GR No.
documents 141993, May 17, 2006).
2. to mere written or oral assertions of claims,  The possession of a co–owner is like that of a
EXCEPT: trustee and shall not be regarded as adverse
a. if made in a legal proceeding to the other co–owner but in fact beneficial to
b. if it is being asserted that the instrument all of them (Salvador vs. CA, G.R. No.
or entry in plaintiff’s favor is not what it 109910, April 5, 1995)
purports to be
3. to boundary disputes REQUISITES:
4. to deeds by strangers to the title UNLESS 1. Plurality of owners
purporting to convey the property of the 2. The object of ownership must be a thing or
plaintiff right which is undivided
5. to instruments invalid on their face 3. Each co–owner’s right must be limited only to
6. where the validity of the instrument involves his ideal share of the physical whole
pure questions of law CHARACTERISTICS: (PSNCLG)
1. Plurality of subjects/owners
Duty of plaintiff to restore benefits and 2. there is a single object which is not materially
expenses (Art. 479): divided
1. Restoration is required whenever the 3. there is no mutual representation by the co–
complainant is shown to be morally bound to owners
reimburse the defendant 4. it exists for the common enjoyment of the co–
2. Even if the debt is not enforceable by reason owners
of the statue of limitations, payment may be 5. it has no distinct legal personality
required by the court 6. it is governed first of all by the contract of the
parties; otherwise, by special legal provisions,
Reason: “He who seeks equity must do equity.” and in default of such provisions, by the
provisions of Title III on co–ownership
RUINOUS BUILDINGS AND TREES IN
DANGER OF FALLING (Arts. 482–483): SOURCES: (C2LOST)
1. Contract
As to buildings: 2. Chance
 The complainant must show that his property 3. Law
is adjacent to the dangerous construction, or 4. Occupation
must have to pass by necessity in the 5. Succession
immediate vicinity. 6. Testamentary disposition or donation inter
 Lack of knowledge of the falling condition of vivos
the structure will not excuse the owner from
liability. CO–OWNERSHIP AND PARTNERSHIP
 If the damage is caused by defects in the DISTINGUISHED
construction, then the builder is responsible
for the damages. CO–OWNERSHIP PARTNERSHIP
Can be created Can be created only
As to trees: without the formalities by contract, express
of a contract or implied
 54 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

Has no juridical or Has juridical property at the time of the

legal personality personality distinct renunciation will be the basis of the
from the partners portion to be renounced.
Purpose is collective Purpose is to obtain 5. Alterations: to oppose alterations made
enjoyment of the thing profits without the consent of all, even if
Co–owner can A partner, unless beneficial.
dispose of his shares authorized, cannot Alteration is an act by virtue of which a
without the consent of dispose of his share co–owner changes the thing from the
the others with the and substitute another state in which the others believe it should
transferee as a partner in his remain, or withdraws it from the use to
automatically place. which they desire it to be intended.
becoming a co– 6. To protest against seriously prejudicial
owner. decisions of the majority
There is no mutual A partner can 7. Legal redemption: to be exercised within
representation. generally bind the 30 days from written notice of sale of an
partnership. undivided share of another co–owner to a
Distribution of profits Distribution of profits stranger
must be proportional is subject to the 8. To defend the co–ownership’s interest in
to the respective stipulation of the court
interests of the co– parties 9. To demand partition at any time
owners Partition is the division between 2 or
A co–ownership is not Death or incapacity more persons of real or personal property
dissolved by the dissolves the which they own in common so that each
death or incapacity of partnership may enjoy and possess his sole estate to
a co–owner. the exclusion of and without interference
No public instrument May be made in any from others. The purpose of partition is to
needed even if real form except when real separate, divide and assign a thing held
property is the object property is contributed in common among those to whom it
of the co–ownership belongs. (Avila vs. Sps. Barabat GR No.
An agreement to keep There may be 141993, March 17, 2006).
the thing undivided for agreement as to a
a period of more than definite term without General rule: Partition is demandable by
10 years is void. limit set by law. any of the co–owners as a matter of right
at any time.
RULES:
I. Rights of each co–owner as to the thing Exceptions: (SCLUPA)
owned in common: (USBRAP–LDP) a. When there is a stipulation against it;
1. To use the thing owned in common but not to exceed 10 years.
Limitations: b. When the condition of indivision is
a. use according to the purpose for imposed by the donor or testator; but
which it was intended not to exceed 20 years.
b. interest of the co–ownership must not c. When the legal nature of the
be prejudiced community prevents partition.
c. other co–owners must not be d. When partition would render the thing
prevented from using it according to unserviceable.
their own rights e. When partition is prohibited by law
2. To share in the benefits and charges in f. When another co–owner has
proportion to the interest of each. possessed the property as exclusive
 Any stipulation to the contrary is void. owner for a period sufficient to
3. To the benefits of prescription: acquire it by prescription.
prescription by one co–owner benefits all.
4. Repairs and taxes: to compel the others II. The following questions are governed by
to share in the expenses of preservation the majority of interests:
even if incurred without prior notice. 1. Management
 The co–owner being compelled may Acts of Management (Castan)
exempt himself from the payment of a. Those that do not involve an alteration
taxes and expenses by renouncing b. Are renewable from time to time
his share equivalent to such taxes c. Do not bind the community for a long time
and expenses. The value of the in the future

54
 San Beda College of Law
d. Do not give rise to a real right over the
thing owned in common (Reyes-Puno.
p.73).
e. Expenses to improve or embellish are
decided by the majority
 Minority may appeal to the court against
the majority’s decision if the same is
seriously prejudicial.
2. Enjoyment
3. Improvement or embellishment
III. Rights as to the ideal share of each co–
owner:
1. Each has full ownership of his part and of
his share of the fruits and benefits
2. Right to substitute another person in its
enjoyment, EXCEPT when personal
rights are involved
3. Right to alienate, dispose or encumber
4. Right to renounce part of his interest to
reimburse necessary expenses incurred
by another co–owner
5. Transactions entered into by each co–
owner only affect his ideal share.
 Even if a co-owner sells the whole
property as his, the sale will affect
only his own share but not those of
the other co-owners who did not
consent to the sale. This is because
the sale or other disposition affects
only his share and the transferee gets
only what would correspond to his
grantor in the partition of the thing
owned in common. Since a co-owner
is entitled to sell his undivided share,
a sale of the entire property by one
co-owner without the consent of the
other co-owners is not null and void.
Only the rights of the co-owner-seller
are transferred, thereby making the
buyer a co-owner of the property
(Bailon-Casilao vs. CA, GR No. L-
78178, April 15, 1988).
 A co-owner cannot acquire by prescription the
share of the co-owners, absent any clear
repudiation of the co-ownership. In order that
the title may prescribe in favor of a co-owner,
the following requisites must concur: (1) the
co-owner has performed unequivocal acts of
repudiation amounting to an ouster of the
other co-owners; (2) such positive acts of
repudiation have been made known to the
other co-owners; and (3) the evidence thereof
is clear and convincing (Robles vs. CA, GR
No. 123509, March 14, 2000).
 The act of executing the affidavit of self–
adjudication did not constitute sufficient act of
MEMORY AID IN CIVIL LAW| 55
repudiation. In fact, there was bad faith of the
co–heir in feigning sole ownership of the
property to the exclusion of the other co–
heirs. (Galvez vs. CA, GR No. 157954, March
24, 2006).
 The Torrens title does not furnish a shield for
fraud. Thus, where one registered the
property in question in his name in fraud of
his co–heirs, prescription can only be deemed
to have commenced from the time the latter
discovers the fraudulent act (Adille vs. CA,
GR No. L-46484 January 29, 1988).
 Under the law, anyone of the co–owners may
bring an action in ejectment (Art. 487). This
can be done without joining all other co–
owners because the suit is presumed to have
been filed for the benefit of his co–owners.
But if the suit is for the benefit of the plaintiff
alone who claims to be the sole owner and
entitled to the possession of the litigated
property the action should be dismissed and it
will not prosper especially so that there is
evidence of co–ownership of the property,
and there is no showing that they waived their
rights (Baloloy vs. Hular GR No. 159723.
September 9, 2004).
EXTINGUISHMENT OF CO–OWNERSHIP
(CALSTEP)
1. consolidation or merger in one co–owner
2. acquisitive prescription in favor of a third
person or a co–owner who repudiates the co–
ownership
3. loss or destruction of property co–owned
4. sale of property co–owned
5. termination of period agreed upon by the co–
owners
6. expropriation
7. judicial or extra–judicial partition
CONDOMINIUM ACT (RA 4726)
Condominium - an interest in real property
consisting of a separate interest in a unit in a
residential, industrial or commercial building and
an undivided interest in common, directly or
indirectly, in the land on which it is located and in
other common areas of the building.
 Any transfer or conveyance of a unit or an
apartment, office or store or other space
therein, shall include transfer or conveyance
of the undivided interest in the common areas
or, in a proper case, the membership or
shareholdings in the condominium
corporation: Provided, however, that where
the common areas in the condominium
project are held by the owners of separate
units as co–owners thereof, no condominium
unit therein shall be conveyed or transferred
 56 |2009 CENTRALIZED BAR OPERATIONS
to persons other than Filipino citizens or
corporations at least 60% of the capital stock
of which belong to Filipino citizens, except in
cases of hereditary succession.
General rule: Common areas shall remain
undivided, and there shall be no judicial partition
thereof
Exceptions:
1. When the project has not been rebuilt or
repaired substantially to its state prior to its
damage or destruction 3 years after damage
or destruction which rendered a material part
thereof unfit for use;
2. When damage or destruction has rendered ½
or more of the units untenantable and that the
condominium owners holding more than 30%
interest in the common areas are opposed to
restoration of the projects;
3. When the project has been in existence for
more than 50 years, that it is obsolete and
uneconomic, and the condominium owners
holding in aggregate more than 50% interest
in the common areas are opposed to
restoration, remodeling or modernizing;
4. When the project or a material part thereof
has been condemned or expropriated and the
project is no longer viable, or that the
condominium owners holding in aggregate
more than 70% interest in the common areas
are opposed to the continuation of the
condominium regime;
5. When conditions for partition by sale set forth
in the declaration of restrictions duly
registered have been met.
SOME SPECIAL PROPERTIES
WATERS (Arts. 502-518)
Laws Governing Waters:
1. Civil Code of the Philippines
2. Special Law of Waters of August 3, 1866
3. The Irrigation Acts, Act 2152 and its
amendments
4. Water Power Act No. 4062
5. Art. XIII of the Philippine Constitution
Classification
1. Waters public per se (water is the principal);
the bed follows the character of the water
2. Waters public or private according to their bed
(water is accessory to bed)
3. Waters public by special provision
MINERALS (Art. 519)
Laws Governing Minerals:
56
San Beda College of Law
1. Before 1902: R.D. sobre Mineria 1867
2. Between 1902-1906: The Philippine Bill of
1902 and Legislative Acts
3. After the Advent of the Commonwealth: Art.
XIII of the Philippine Constitution and CA No.
137
4. Present: Mineral Resources Development
Decree of 1974 (P.D. 463) and the Civil Code
of the Philippines
Minerals – all inorganic substances found in
nature, whether in solid, liquid, gaseous, or any
intermediate state, with the exception of soil
which supports the organic life, and of ordinary
earth, gravel, sand, and stone which are used for
building or construction purposes
TRADEMARK AND TRADE NAMES (Arts. 520-
523)
Laws Governing Trademarks and Trade
names:
1. Intellectual Property Code (RA 8293)
2. Civil Code of the Philippines
POSSESSION
CONCEPT:
1. As an act – the holding of a thing or the
enjoyment of a right with the intention to
possess in one’s own right
2. As a fact – when there is holding or
enjoyment
3. As a right – the right of a person to holding or
enjoyment to the exclusion of all others
having better right than the possessor
a. jus possidendi - right to possession which
is incidental to or included in the right of
ownership
b. jus possessionis – right of possession
independent from the right of ownership
REQUISITES:
1. occupancy, apprehension, or taking of a thing
or right (possession in fact);
2. deliberate intention to possess (animus
possidendi)
 An insane or demented person CANNOT
acquire possession as they are incapable
of understanding the import of their
actions.
3. by virtue of ones own right – in his own name
or in that of another.
DEGREES:
1. possession without any title whatsoever -
mere holding without any right at all (ex. thief
or squatter)
 San Beda College of Law
2. possession with juridical title - predicated
on juridical relation existing between the
possessor and the owner (ex. lessee,
usufructuary, depositary, agent, pledgee and
trustee)
3. possession with just title – the possession
of an adverse claimant whose title is sufficient
to transfer ownership but is defective (ex.
when the seller is not the true owner or could
not transmit his rights thereto to a possessor
who acted in GF)
4. possession with a title in fee simple -
derived from the right of dominion or
possession of an owner; the highest degree
of possession
CLASSES:
1. In one’s own name – where possessor
claims the thing for himself
2. In the name of another – for whom the thing
is held by the possessor
3. In the concept of owner – possessor of
thing or right, by his actions, is considered or
believed by others as the owner, regardless
of good or bad faith of the possessor
 Possessor in the concept of an owner is
presumed with just title. (Art. 541)
4. In the concept of holder – possessor holds
it merely to keep or enjoy it, the ownership
pertaining to another person; possessor
acknowledges in another a superior right
which he believes to be ownership; cannot
acquire ownership by prescription
 None of these holders may assert a claim
of ownership for himself over the thing but
they may be considered as possessors in
the concept of owner, or under claim of
ownership, with respect to the right they
respectively exercise over the thing.
5. In good faith – possessor is not aware that
there is in his title or mode of acquisition a
defect that invalidates it
Requisites:
a. Ostensible title or mode of acquisition
b. Vice or defect in the title
c. Possessor is ignorant of the vice or defect
and must have an honest belief that the
thing belongs to him
 Gross and inexcusable ignorance of the
law may not be the basis of good faith,
but possible excusable ignorance may be
such basis (Kasilag vs. Roque GR No.
46623, December 7, 1939).
6. In bad faith – possessor is aware of the
invalidating defect in his own title.
MEMORY AID IN CIVIL LAW| 57
 Only personal knowledge of the flaw in
one’s title or mode of acquisition can
make him a possessor in bad faith. It is
not transmissible even to an heir.
 Possession in good faith ceases from the
moment defects in his title are made
known to the possessor
EXTENT OF POSSESSION:
1. Actual possession – occupancy in fact of
the whole or at least substantially the whole
property
2. Constructive possession – occupancy of
part, in the name of the whole, under such
circumstances that the law extends the
occupancy to the possession of the whole
Doctrine of constructive possession –
possession in the eyes of the law does not
mean that a man has to have his feet on
every square meter of ground before it can be
said that he is in possession (Ramos vs.
Director of Lands GR No. 13298, November
19, 1918).
PRESUMPTIONS IN FAVOR OF POSSESSOR:
1. of good faith (Art. 527)
2. of continuity of initial good faith (Art. 528)
3. of enjoyment in the same character in which
possession was acquired until the contrary is
proved (Art. 529)
4. of non–interruption in favor of the present
possessor (Art. 554)
5. of continuous possession by the one who
recovers possession of which he was
wrongfully deprived (Art. 561)
6. of extension of possession of real property to
all movables contained therein (Art. 542)
OBJECT OF POSSESSION:
General rule: All things and rights susceptible of
being appropriated (Art. 530)
Exceptions:
1. Res communes
2. Property of public dominion
3. Discontinuous servitudes
4. Non–apparent servitudes
ACQUISITION OF POSSESSION (Arts. 531-538)
Manner of acquiring possession:
1. Material occupation of the thing or exercise of
a right
2. Subjection to our will
3. Proper acts and legal formalities established
for acquiring such right
Special Cases of Acquisition of Possession:
1. Acquisition through another person.
Where possession is acquired, not by an
agent or representative but by a stranger
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without agency, possession is not acquired not reimbursed to reimbursed to

until the act is ratified (Art. 532). possessor possessor
Fruits pending and charges
2. Acquisition by Succession Mortis Causa prorated according to to owner
a. Time of Acquisition. If the inheritance is time
accepted, the estate is transmitted Production expenses of pending fruits
without interruption from the death of the indemnity pro-rata to no indemnity
predecessor. But the heir who repudiates possessor (owner’s
is deemed never to have acquired option)
possession (Art. 533). in money, or
b. Effect of Bad Faith of the decedent. One by allowing full
who succeeds by hereditary title shall not cultivation and
suffer the consequences of the wrongful gathering of all fruits
possession of the decedent unless it is Necessary expenses
shown that he had knowledge of the reimbursed to reimbursed to
defects affecting it; but the effects of possessor; retention possessor; no
possession in good faith shall not benefit retention
him except from the death of the Useful expenses
decedent (Art. 534). reimbursed to no reimburse-ment
possessor (owner’s
CONFLICTS BETWEEN SEVERAL option)
CLAIMANTS: initial cost
General rule: Possession cannot be recognized plus value
in two different personalities may remove if no
reimbursement, and
Exception: In case of co–possession when there no damage is caused
is no conflict to the principal by the
removal
Criteria in Case of Dispute: Ornamental expenses
1. present/actual possessor shall be preferred reimbursement at owner’s option:
2. if there are two possessors, the one longer in owner’s option: removal, or
possession removal if no injury, or value at time of
3. if the dates of possession are the same, the cost without removal recovery
one with a title Taxes and charges (i. on capital, ii. on fruits
4. if all the above are equal, the fact of and iii. charges)
possession shall be judicially determined, and taxes and charges taxes and charges
in the meantime, the thing shall be placed in i. charged to i. charged to owner
judicial deposit owner ii. charged to owner
 Possession cannot be acquired through ii. charged to iii. to owner
force or violence. To all intents and possessor
purposes, a possessor, even if physically iii. prorated
ousted, is still deemed the legal Improvements no longer existing
possessor (Caqueña vs. Bolante GR No. no reimbursement no reimburse-ment
137944, April 6, 2000). Liability for accidental loss or deterioration
 A person who believes himself entitled to only if acting with liable in every case
the possession of property may not take fraudulent intent or
the law into his hands (Bishop of Cebu negligence, after
vs. Mangaron, G.R. No. 1748, June 1, summons
1906) or else he will be made to suffer Improvements due to time or nature
the consequences of his lawlessness to owner or lawful to owner or lawful
(Santiago vs. Cruz GR No. L-31919, possessor possessor
March 24, 1930).
Necessary expenses – made for the
EFFECTS OF POSSESSION (Arts. 539-561) preservation of the thing
POSSESSOR IN POSSESSOR IN BAD
GOOD FAITH FAITH Useful expenses – add value to property or
Fruits gathered increase the object’s productivity
to possessor to owner
Cultivation Expenses of gathered fruits

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 San Beda College of Law
Ornamental/luxury expenses – add value to the
thing only for certain persons in view of their
particular whims; neither essential for
preservation nor useful to everybody in general
LOSS OF POSSESSION (Art. 555)
General Causes:
1. By the will of the possessor
a. Abandonment
b. Transfer or conveyance
2. Against the will of the possessor
a. Eminent domain
b. Acquisitive prescription
c. Judicial decree in favor of one who has a
better right
d. Possession of another for more than one
year
 This refers to possession de facto
where the possessor loses the right
to a summary action; but he may still
bring action publiciana or
reivindicatoria.
e. By reason of the object
i. destruction or total loss of the things
ii. withdrawal from commerce
Acts NOT Constituting Loss of Possession
(Arts. 537–538)
1. Acts executed by stealth and without
knowledge of the possessor
2. Acts merely tolerated either by the possessor
or by his representative or holder in his name
unless authorized or ratified
3. Violence
4. Temporary ignorance of the whereabouts of
movable property
 The possessor who recovers possession is
considered as having had uninterrupted
possession despite these acts of violence,
stealth and tolerance; but he must recover
possession by due process, and not
otherwise (Arts. 561, 536, 539)
POSSESSION OF MOVABLES (Art. 559):
Theory of Irrevindicability - Possession in good
faith of a movable is presumed ownership. It is
equivalent to title. No further proof is necessary
(Aznar vs. Yapdiangco, G.R. No. L-18536, March
31, 1965). The rule isnecessary for purposes of
facilitating transactions on movable property
which are usually done without special formalities
(Sotto vs. Enage, 43 O.G. 5075 [1947]).
Requisites:
1. possession is in good faith
2. the owner has voluntarily parted with the
possession of the thing
MEMORY AID IN CIVIL LAW| 59
3. possessor is in the concept of owner
Exceptions to the Theory of Irrevindicability:
1. where the owner or possessor lost a movable
2. where the owner or possessor has been
unlawfully deprived of a movable
General rule: One who has lost or has been
unlawfully deprived of a movable may recover it
from whoever possesses it without
reimbursement. The owner of the thing must
prove: (1) ownership of the thing, and (2) loss or
unlawful deprivation; or bad faith of the
possessor.
Exceptions:
1. Where the owner acts negligently or
voluntarily parts with the thing owned, he
cannot recover it from the possessor.
2. If the possessor of the movable acquired it in
good faith at a public sale, the owner cannot
obtain its return without reimbursing the price
paid therefor.
Public sale – one where there has been a public
notice of the sale in which anyone is allowed to
bid for the object he desires to buy.
POSSESSION OF ANIMALS (Art. 560):
Wild Animals – living in a state of nature
independently of and without the aid and care of
man; considered possessed only while they are
under man’s control
Domesticated/ Tamed Animals - wild or savage
by nature but have been subdued and became
accustomed to live in a tamed condition;
considered possessed if they habitually return to
the premises of their possessor
Domestic/ Tame animals – live, born and reared
under the control and care of man
USUFRUCT
Gives the right to enjoy the property of another
with the obligation of preserving its form and
substance, unless the title constituting it or the
law otherwise provides.
CHARACTERISTICS:
1. real right
2. of temporary duration
3. to derive all advantages from the thing due to
normal exploitation
4. may be constituted on real or personal
property, consumable or non–consumable,
 60 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

tangible or intangible, the ownership of which by contract, by will of contract

is vested in another the testator, or by
5. transmissible prescription
As a rule, usufruct Lease generally refers
KINDS OF USUFRUCTUARY ACCORDING TO
covers all the fruits and to uses only
ORIGIN:
all the uses and
1. Legal – created by law such as usufruct of
benefits of the entire
the parents over the property of their
property.
unemancipated children
2. Voluntary – created by will of the parties Involves a more or less Lease involves a more
either by act inter vivos such as donation or passive owner who active owner or lessor
by act mortis causa such as in a last will and allows the usufructuary who makes the lessee
testament to enjoy the object to enjoy
3. Mixed – acquired by prescription such as given in usufruct
when believing himself to be the owner of the Pays for ordinary Lessee is not
property of an absentee, gave in his will the repairs and taxes on generally under
usufruct of the property for the requisite the fruits obligation to
prescriptive period to his wife, who undertake repairs or
possessed it in good faith as usufructuary, pay taxes
and naked ownership to his brother
SPECIAL USUFRUCTS:
1. of pension or income (Art. 570)
RULES GOVERNING USUFRUCT:
2. of property owned in common (Art. 582)
Governed primarily by the title creating it, or in the
3. of cattle (livestock) (Art. 591)
absence thereof, by Articles 566-612 of the Civil
4. on vineyards and woodlands (Art. 575–576)
Code.
5. on a right of action (Art. 578)
6. on mortgaged property (Art. 600)
NORMAL USUFRUCT AND ABNORMAL 7. over the entire patrimony (Art. 598)
USUFRUCT DISTINGUISHED 8. over things which gradually deteriorate (Art.
ABNORMAL 573)
NORMAL USUFRUCT
USUFRUCT 9. of consumable property (Art. 574)
that which involves non- that which involves
consumable things things which would be RIGHTS OF THE USUFRUCTUARY
which the usufructuary useless to the 1. As to the thing and its fruits
can enjoy without usufructuary unless a. To receive and benefit from the fruits
altering their form or they are consumed or b. To enjoy any increase through
substance, though they expended, such as accessions and servitudes
may deteriorate or money, grain, liquors, c. To the half of the hidden treasure he
diminish by time or use etc. accidentally finds
d. To lease the thing, generally, for the
same or shorter period as the usufruct.
GENERAL RULE: Usufructuary is bound to
e. To improve the thing without altering its
preserve the form and substance of the thing in
form and substance
usufruct.
f. Right to set–off the improvements he may
have made on the property against any
EXCEPTION: Abnormal usufruct whereby the law
damage to the same
or the will of the parties may allow the
g. To retain the thing until he is reimbursed
modification of the substance of the thing.
for advances for extraordinary expenses
and taxes on the capital
USUFRUCT AND LEASE DISTINGUISHED h. To collect reimbursements from the
USUFRUCT LEASE owner for indispensable extraordinary
Always a real right Generally a personal repairs, taxes on the capital he advanced,
right and damages caused to him.
i. To remove improvements made by him if
Person creating the Lessor may not be the
the same will not injure the property
usufruct should be the owner
owner or his duly
2. As to the usufruct itself
authorized agent
a. To mortgage the right of usufruct except
May be created by law, Generally created by parental usufruct

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 San Beda College of Law
b. To alienate the usufruct
3. At the expiration of the usufruct:
a. to collect reimbursement from the owner:
i. for indispensable extraordinary
repairs made by the usufructuary
ii. for taxes on the capital advanced by
the usufructuary
iii. for damages caused by the
usufructuary
b. to retain the thing until reimbursement is
made
c. to remove improvements made by him,
but without injuring the property
 In a usufruct, only the jus utendi and jus
fruendi over the property are transferred to
the usufructuary. The owner of the property
maintains the jus disponendi or the power to
alienate, encumber, transform, and even
destroy the same (Hemedes vs. CA, GR No.
107132, October 8, 1999).
 Under the Massachusetts Rule, a stock
dividend is considered part of the capital and
belongs to the remainderman; while under the
Pennsylvania Rule, all earnings of a
corporation, when declared as dividends in
whatever form, made during the lifetime of the
usufructuary, belong to the latter. The
Pennsylvania Rule is more in accord with our
laws than the Massachusetts Rule (Bachrach
vs. Seifert and Elianoff, GR No. L-2659,
October 12, 1950).
 Corollary to the right to all the rents, to
choose the tenant, and to fix the amount of
the rents, a usufructuary of the rents has the
right to choose himself as the tenant,
provided that the obligations he has assumed
towards the owner of the property are fulfilled
(Fabie vs. Gutierrez David, GR No. L-123,
December 12, 1945).
OBLIGATIONS OF THE USUFRUCTUARY
1. Before exercising the usufruct:
a. To make an inventory of the property
b. To give a bond, EXCEPT
i. when no prejudice would result
ii. when the usufruct is reserved by the
donor or parents
iii. in cases of caucion juratoria where
the usufructuary, being unable to file
the required bond or security, files a
verified petition in the proper court
asking for the delivery of the house
and furniture necessary for himself
and his family without any bond or
security.
1) takes an oath to take care of the
things and restore them
MEMORY AID IN CIVIL LAW| 61
2) property cannot be alienated or
leased because this would mean
that the usufructuary does not
need it
Effects of failure to post bond:
a. owner shall have the following options:
i. receivership of realty, sale of
movables, deposit of securities, or
investment of money; OR
ii. retention of the property as
administrator
b. the net product shall be delivered to the
usufructuary
c. usufructuary cannot collect credits due or
make investments of the capital without
the consent of the owner or of the court
until the bond is given
2. During the usufruct:
a. To take care of the property
b. To replace with the young thereof animals
that die or are lost in certain cases when
the usufruct is constituted on flock or herd
of livestock
c. To make ordinary repairs
d. To notify the owner of urgent extra–
ordinary repairs
e. To permit works and improvements by
the naked owner not prejudicial to the
usufruct
f. To pay annual taxes and charges on the
fruits
g. To pay interest on taxes on capital paid
by the naked owner
h. To pay debts when the usufruct is
constituted on the whole patrimony
i. To secure the naked owner’s or court’s
approval to collect credits in certain cases
j. To notify the owner of any prejudicial act
committed by third persons
k. To pay for court expenses and costs
regarding usufruct
3. At the termination of the usufruct:
a. To return the thing in usufruct to the
owner unless there is a right of retention
b. To pay legal interest on the amount spent
by the owner for extraordinary repairs or
taxes on the capital
c. To indemnify the owner for any losses
due to his negligence or of his transferees
RIGHTS OF THE OWNER DURING THE
USUFRUCT:
1. He retains title
2. He may alienate the property, but he may not:
a. alter the form or substance of the thing
b. do anything prejudicial to the usufructuary
 62 |2009 CENTRALIZED BAR OPERATIONS
3. He may construct buildings, make
improvements and plantings, provided:
a. the value of the usufruct is not impaired
b. the rights of the usufructuary are not
prejudiced
OBLIGATIONS OF THE OWNER AT THE
EXPIRATION OF THE USUFRUCT:
1. to make reimbursement for advances of the
usufructuary
2. to cancel the bond, upon discharge of the
usufructuary’s obligations
3. to respect leases of rural lands by the
usufructuary for the balance of the agricultural
year
EXTINGUISHMENT OF USUFRUCT (PT2DERM)
1. Prescription
2. Termination of right of the person constituting
the usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless contrary
intention appears
5. Expiration of the period or fulfillment of the
resolutory condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in the
same person
EASEMENT OR SERVITUDE
Encumbrance imposed upon an immovable for
the benefit of a community or one or more
persons or for the benefit of another immovable
belonging to a different owner.
EASEMENT AND SERVITUDE
DISTINGUISHED
EASEMENT SERVITUDE
Origin
English law Roman law
Recipient of Benefit
always real may be real or
personal (broader)
CHARACTERISTICS:
1. It is a real right but will affect third persons
only when duly registered.
2. It is enjoyed over another immovable, never
on one’s own property
3. It involves two neighboring estates (in case of
real easements).
4. It is inseparable from the estate to which it is
attached, and, therefore, cannot be alienated
independently of the estate.
5. It is indivisible for it is not affected by the
division of the estate between two or more
persons.
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San Beda College of Law
6. It is a right limited by the needs of the
dominant owner or estate, without
possession.
7. It cannot consist in the doing of an act unless
the act is accessory in relation to a real
easement.
8. It is a limitation on the servient owner’s rights
of ownership for the benefit of the dominant
owner; and, therefore, it is not presumed.
CLASSIFICATION:
1. As to recipient of benefit:
a. Real/Predial – when the easement is in
favor of another immovable
b. Personal – when it is in favor of a
community or of one or more persons
i. Public – if it is vested in the public at
large or in some class of
indeterminate individuals
ii. Private – if it is vested in a
determinate individual or certain
persons
2. As to its source:
a. Voluntary – when the easement is
established by the will or agreement of
the parties or by a testator
b. Legal – when it is imposed by law either
for public use or in the interest of private
persons
c. Mixed – when it is created partly by will
or agreement and partly by law
3. As to its exercise:
a. Continuous Easements – those the use
of which is, or may be, incessant without
the intervention of any act of man
b. Discontinuous Easements – those
which are used at intervals and depend
upon the acts of man
4. As to the indication of their existence:
a. Apparent Easements – those which are
made known and are continually kept in
view by external signs that reveal the use
and enjoyment of the same
b. Non–apparent Easements – those
which show no external indication of their
existence
5. As to duty of servient owner
a. Positive – the servient owner must allow
something to be done in his property or
do it himself; also called “servitudes of
intrusion and or/service”
b. Negative – the servient owner must
refrain from doing something which he
could lawfully do if the easement did not
exist
EASEMENT AND LEASE DISTINGUISHED
EASEMENT LEASE
Real right, whether Real right only when it
registered or not is registered, or when
 San Beda College of Law MEMORY AID IN CIVIL LAW| 63

its subject matter is

real property and the Obligations:
duration exceeds one 1. Cannot render the easement or render it
year more burdensome
Imposed only on real May involve either real 2. Notify the servient owner of works necessary
property or personal property for the use and preservation of the servitude
There is a limited right Limited right to both 3. Choose the most convenient time and
to the use of real the possession and manner in making the necessary works as to
property of another use of another’s cause the least inconvenience to the servient
but without the right of property owner
possession 4. Contribute to the necessary expenses if there
are several dominant estates
EASEMENT AND USUFRUCT
DISTINGUISHED SERVIENT OWNER
EASEMENT USUFRUCT
Imposed only on real May involve either real Rights:
property or personal property 1. To retain ownership and possession of the
Limited to particular or Includes all the uses servient estate
specific use of the and the fruits of the 2. To make use of the easement, unless there is
servient estate property agreement to the contrary
A non–possessory Involves a right of 3. To change the place or manner of the
right over an possession in an easement, provided it be equally convenient
immovable immovable or
movable Obligations:
Not extinguished by Extinguished by the 1. Cannot impair the use of the easement
the death of the death of the 2. Contribute to the necessary expenses in case
dominant owner usufructuary he uses the easement, unless there is an
agreement to the contrary
MODES OF ACQUISITION: (PDFAT)
1. by prescription of 10 years (continuous and EXTINGUISHMENT OF EASEMENTS (REMAIN
apparent easements) BREW)
a. Positive servitude - counted from the 1. Redemption agreed upon
day their exercise commences. 2. Expiration of the term or fulfillment of the
b. Negative servitude - counted from the resolutory condition
formal prohibition to the servient owner to 3. Merger of ownership of the dominant and
do any act opposed to the servitude (Art. servient estate
621). There must be a notarized 4. Annulment of the title to the servitude
document. 5. Permanent impossibility to use the easement
2. by deed of recognition 6. Non–user for 10 years
3. by final judgment a. discontinuous: counted from the day they
4. by apparent sign established by the owner of ceased to be used
two adjoining estates, unless: b. continuous: counted from the day an act
a. there are contrary stipulations or adverse to the exercise takes place
b. the sign is effaced 7. Bad condition – when either or both estates
5. by title fall into such a condition that the easement
could not be used
DOMINANT OWNER 8. Resolution of the right to create the servitude,
(i.e. in case of pacto de retro, when the
Rights: property is redeemed)
1. To exercise all the rights necessary for the 9. Expropriation of the servient estate
use of the easement 10. Waiver by the dominant owner
2. To make on the servient estate all the works
necessary for the use and preservation of the LEGAL EASEMENTS
servitude
3. To renounce the easement if he desires to Kinds of Legal Easements:
exempt himself from contribution to necessary 1. Public legal easements – those for public or
expenses communal use, governed primarily by special
4. To ask for mandatory injunction to prevent laws and by the Civil Code
impairment of his use of the easement
 64 |2009 CENTRALIZED BAR OPERATIONS
2. Private legal easements – those for the
interest of private persons or for private use;
governing law:
a. primarily by the agreement of the
interested parties;
b. in the absence thereof, by the provisions
of general or local laws and ordinances;
and
c. in default of (a) and (b), by the Civil Code
I. Easement Relating To Waters (Art. 637):
Lower estates must receive waters which are
naturally and without intervention of man
descend from higher estates including earth
or stones carried with them (Art. 637)
Limitations:
1. Dominant owner must not increase the
burden but he may erect works to avoid
erosion.
2. The servient owner must not impede the
descent of the water (but may regulate it).
II. Easement On Riparian Property (Art. 638)
III. Easement On Dam Or Weir (Art. 639)
IV. Easement For Watering Cattle (Art. 640):
This is a combined easement for drawing of
water and right of way
Requisites:
a. must be imposed for reasons of public
use
b. must be in favor of a town or village
c. indemnity must be paid
V. Easement of Aqueduct (Arts. 643–646)
 From a forced easement, by virtue of
which the owner of an estate who desires
to avail himself of water for the use of
said estate may make such waters pass
through the intermediate estate with the
obligation of indemnifying the owner of
the same and also the owner of the
estate to which the water may filter or
flow
Requisites:
1. dominant owner must prove that he has
the capacity to dispose of the water
2. that the water is sufficient for the intended
use
3. that the course is most convenient, and
least onerous to the 3rd person
4. payment of indemnity
VI. Easement For The Construction of A Stop
Lock or Sluice Gate (Art. 647)
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San Beda College of Law
VII. Easement of Right of Way (Arts. 649–657):
The right granted to the owner of an estate
which is surrounded by other estates
belonging to other persons and without an
adequate outlet to a public highway to
demand that he be allowed a passageway
throughout such neighboring estates after
payment of proper indemnity.
Requisites:
1. Claimant must be the owner of the
enclosed immovable or one with real
right;
2. The dominant estate is surrounded by
other immovables and there must be no
adequate outlet to a public highway;
3. Right of way must be absolutely
necessary;
4. Isolation must not be due to the
claimant’s own act;
5. Easement must be established at the
point least prejudicial to the servient
estate; and insofar as consistent with this
rule, where the distance from the
dominant estate to the public highway
may be the shortest; and
6. Payment of proper indemnity.
 The burden of proving the existence of
the pre-requisites to validly claim a
compulsory right of way lies on the owner
of the dominant estate (Costabella Corp.
vs. CA, GR No. 80511, Jan. 25, 1991).
 Where the easement may be established
on any of several tenements surrounding
the dominant estate, the one where the
way is shortest and will cause the least
damage should be used, even if it will not
be the shortest. The criterion of least
prejudice to the servient estate must
prevail over the criterion of shortest
distance (Quimen vs. CA, GR No.
112331, May 29, 1996).
 It is the needs of the dominant property
which ultimately determine the width of
the passage, and these needs may vary
from time to time (Encarnacion vs. CA,
GR No. 76322 March 11, 1991).
 The right of way for cattle should not be
more than 10 meters wide unless a
greater width was a vested right under
laws prior to the Civil Code of 1889 (Art.
657).
Special Cause of Extinction:
1. the opening of a public road, or
2. joining the dominant tenement to another
with exit on a public road
 San Beda College of Law MEMORY AID IN CIVIL LAW| 65

 The extinction is NOT automatic. There Rights of Part Owners:

must be a demand for extinction coupled 1. to make use of the wall in proportion to
with tender of indemnity by the servient their respective interests, resting
owner. buildings on it or inserting beams up to
 Easement of right of way cannot be one–half of the wall’s thickness
acquired by prescription because it is 2. to increase the height of the wall
discontinuous/intermittent (Ronquillo, et a. at his expense
al. vs. Roco GR No. L-10619, February b. upon payment of proper indemnity
28, 1958). c. to acquire half interest in any
increase of thickness or height,
VIII.Easement of Party Wall (Arts. 658–666) paying a proportionate share in the
Party Wall - common wall which separates 2 cost of the work and of the land
estates built by common agreement at the covered by the increase
dividing line such that it occupies a portion of
both estates on equal parts Obligations of Each Part–Owner:
1. to contribute proportionately to the repair
Party Wall and Co–ownership Distinguished and maintenance unless he renounces
PARTY WALL CO–OWNERSHIP his part–ownership
Shares of parties Shares of the co– 2. if one part owner raises the height of the
cannot be physically owners can be divided wall, he must:
segregated but they and separated a. bear the cost of maintenance of the
can be physically physically but before additions
identified such division, a co– b. bear the increased expenses of
owner cannot point to preservation
any definite portion of c. bear the cost of construction
the property as d. give additional land, if necessary, to
belonging to him thicken the wall
No limitation as to None of the co–
use of the party wall owners may use the IX. Easement of Light and View (Arts. 667–
for exclusive benefit community property 673)
of a party for his exclusive 1. Easement of Light (jus luminum) – right
benefit to admit light from the neighboring estate
Owner may free Partial renunciation is by virtue of the opening of a window or
himself from allowed the making of certain openings.
contributing to the
cost of repairs and Requisites:
construction of a a. opening must not be greater than 30
party wall by centimeters square, made on the
renouncing all his ceiling or on the wall; and
rights thereto b. there must be an iron grating

2. Easement of view (jus prospectus) – the

Presumptions of Existence (juris tantum):
right to make openings or windows, to
1. in adjoining walls of buildings, up to
enjoy the view through the estate of
common elevation
another and the power to prevent all
2. in dividing walls of gardens and yards
constructions or work which would
(urban)
obstruct such view or make the same
3. in dividing fences, walls and live hedges
difficult. It necessarily includes easement
of rural tenements
of light.
4. in ditches or drains between tenements
Restrictions on openings in one’s own wall
Rebuttal of Presumption:
when contiguous (less than 2m) to another’s
1. title
tenement:
2. by contrary proof:
1. it cannot exceed 30cm each side
3. by signs contrary to the existence of the
2. openings must be at the height of the
servitude (Arts. 660 & 661)
joists, near the ceiling (Choco vs.
Santamaria, GR No. 6076, December 29,
 If the signs are contradictory, they cancel 1911).
each other 3. the abutting owner may:
 66 |2009 CENTRALIZED BAR OPERATIONS
a. close the openings if the wall
becomes a party wall
b. block the light by building or erecting
his own wall unless a servitude is
acquired by title or prescription
c. ask for the reduction of the opening to
the proper size
Restrictions as to views:
1. Direct views: the distance of 2m between
the wall and the boundary must be
observed
2. Oblique views: (walls perpendicular or at
an angle to the boundary line) must not
be less than 60cm from the boundary line
to the nearest edge of the window
 Any stipulation permitting lesser
distances is void (Art. 673).
Modes of Acquisition
1. by title
2. by prescription
a. positive – counted from the time of
the opening of the window, if it is
through a party wall
b. negative – counted from the formal
prohibition on the servient owner.
 Mere non–observance of distances
prescribed by Art. 670 without formal
prohibition, does not give rise to
prescription.
X. Drainage of Buildings (Arts. 674–676)
1. Easement of drainage of buildings –
the right to divert or empty the rain waters
from one’s own roof or shed to the
neighbor’s estate either drop by drop or
through conduits
2. Easement to receive falling rain waters
– deals not with legal easement but with a
voluntary easement to receive rain water
falling from the roof of an adjoining
building
3. Easement giving outlet to rain water
where house surrounded by other
houses
Requisites:
a. there must be no adequate outlet to
the rain water because the yard or
court of a house is surrounded by
other houses
b. the outlet to the water must be at the
point where egress is easiest and
establishing a conduit for drainage
c. there must be payment of proper
indemnity
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San Beda College of Law
XI. Intermediate Distances And Works For
Certain Constructions And Plantings (Arts.
677–681)
1. Constructions: wells, sewers, etc.
a. distance is fixed by ordinances or
custom must be observed
b. protective structures prescribed by
ordinances or custom must be
erected; if none, precautions must be
taken to avoid damage to neighboring
estates
c. violation causes responsibility for
damages caused
2. Plantings:
a. distances as prescribed by
ordinances or customs must be
observed. If none:
i. for large trees: at least 2m from
boundary
ii. for shrubs: at least 50cm from the
center of the tree
b. intrusions;
i. of branches: the owner of the tree
may be compelled to cut intruding
branches at the boundary
ii. of roots: the owner of the invaded
tenement may cut them himself
at the boundary
iii. fruits falling naturally belong to
the owner of the land
XII. Easement Against Nuisance (Arts. 682-
683)
XIII.Lateral and Subjacent Support (Arts. 684-
687)
Lateral support – when the supported and
supporting lands are divided by a vertical
plane
Subjacent support – when the supported
land is above and the supporting land is
beneath
 There exists a doubt as to whether
easements against nuisance and lateral
and subjacent support may be
categorized as legal easements (Reyes-
Puno. pp.188–189).
 The duty of an adjacent owner making
excavations upon his land not to deprive
any adjacent land of sufficient lateral or
subjacent support is an absolute one. It
does not depend upon the degree of care
and precaution made by the proprietor in
making the excavation or building in his
land (De Jesus, et al vs. Howmart Corp.
et al, GR No. 44191-R, August 28, 1974).
 San Beda College of Law
VOLUNTARY EASEMENTS (Arts. 688-693)
Constituted by the will of the parties or of a
testator.
 The owner possessing capacity to encumber
property may constitute voluntary servitude.
If there are various owners, ALL must
consent; but consent once given is not
revocable.
Rules governing voluntary easements:
1. if created by title, such as contract or will,
then by such title
2. if created by prescription, by the form and
manner of possession of the easement
3. in default of any of the above, by the
provisions of the Civil Code on easements
Voluntary easements are established in favor
of:
1. predial servitudes:
a. for the owner of the dominant estate
b. for any other person having any juridical
relation with the dominant estate, if the
owner ratifies it
2. personal servitudes: for anyone capacitated
to accept
NUISANCE
Any act, omission, establishment, business or
condition of property or anything else which:
(ISAHO)
1. Injures/endangers the health or safety of
others;
2. Shocks, defies or disregards decency or
morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free passage
to any public highway or street, or body of
water.
CLASSES:
1. Per se – nuisance at all times and under all
circumstances regardless of location and
surrounding.
2. Per accidens – nuisance by reason of
circumstances, location, or surroundings.
3. Public – affects the community or a
considerable number of persons.
4. Private – affects only a person or a small
number of persons.
5. Mixed – nuisance may be both public and
private in character
DOCTRINE OF ATTRACTIVE NUISANCE
One who maintains on his premises dangerous
instrumentalities of a character likely to attract
children in play and who fails to exercise ordinary
MEMORY AID IN CIVIL LAW| 67
care to prevent children from playing therewith or
resorting thereto is liable to a child of tender years
who is injured thereby, even if the child is
technically a trespasser in the premises.
 A swimming pool or water tank is not an
attractive nuisance (Hidalgo Enterprises vs.
Balandan GR No. L-3422, June 13, 1952).
REMEDIES AGAINST PUBLIC NUISANCE:
(PCE)
1. Prosecution under the RPC or local ordinance
2. Civil Action
3. Extrajudicial Abatement
REMEDIES AGAINST PRIVATE NUISANCE:
(CE)
1. Civil Action
2. Extrajudicial Abatement
Note: The action to abate a public/private
nuisance is NOT extinguished by prescription.
EXTRAJUDICIAL ABATEMENT
Requisites:
1. nuisance must be specially injurious to the
person affected;
2. no breach of peace or unnecessary injury
must be committed;
3. prior demand;
4. prior demand has been rejected;
5. approval by district health officer and
assistance of local police; and
6. value of destruction does not exceed P3,000.
REGISTRY OF PROPERTY
REGISTRATION – any entry made in a book or
public registry of deeds
Systems of registration:
1. Former registration systems
a. Spanish Mortgage Law of 1893
b. Torrens System established by the Land
Registration Act (Act No. 496)
c. Sec. 194 - Revised Administrative Code
2. Present registration system - Property
Registration Decree (PD No. 1529)
Effects of registration:
1. operates as constructive notice
2. does not validate or cure defective instrument
3. cannot bind property where it is legally
ineffective
4. does not vest title
5. rule of first in time, first in right
THEORY OF MODE AND TITLE
 68 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

MODE – the actual process of acquisition or c. traditio brevi manu – when the vendee
transfer of ownership over a thing in question. already has possession of the thing sold
This is the proximate cause of the acquisition. by virtue of another title
d. traditio constitutum possessorium – when
TITLE - the juridical justification for the acquisition the vendor continues in possession of the
or a transfer of ownership or other real right. This thing sold not as owner but in some other
is the remote cause of the acquisition (Acap vs. capacity
CA, GR No. 118114, December 7, 1995) 3. Quasi–tradition – exercise of the right of the
grantee with the consent of the grantor
4. Tradicion por ministerio de la ley – delivery
by operation of law
5. Tradition by public instrument – the
Different Modes and Titles of Acquiring execution is equivalent to the delivery of the
Ownership thing, object of the contract
MODES OF TITLES OF
ACQUIRING ACQUIRING
OCCUPATION
OWNERSHIP OWNERSHIP
Original Modes A mode of acquiring ownership by the seizure of
Occupation Condition of being corporeal things that have no owner, with the
without known owner intention of acquiring them, and according to the
Work which includes Creation, discovery or rules laid down by law
Intellectual creation invention
Derivative Modes REQUISITES:
Law Existence of required 1. There must be seizure of a thing;
conditions 2. The thing seized must be corporeal personal
Tradition Contract of the parties property;
Donation Contract of the parties 3. The thing must be susceptible of
Prescription Possession in the appropriation by nature;
concept of owner 4. The thing must be without an owner;
Succession Death 5. There must be an intention to appropriate;
and
6. Requisites laid down by law must be complied
TRADITION/ DELIVERY - a mode of acquiring
with.
ownership as a consequence of certain contracts,
by virtue of which, the object is placed in the
SPECIFIC INSTANCES:
control and possession of the transferee, actually
1. hunting and fishing
or constructively.
2. finding of movables which do not have an
owner
Requisites:
3. finding of abandoned movables
1. Right transmitted should have previously
4. finding of hidden treasure
existed in the patrimony of the grantor;
5. catching of swarm of bees that has escaped
2. Transmission should be by just title;
from its owner, under certain conditions
3. Grantor and grantee should have intention
6. catching of domesticated animals that have
and capacity to transmit and acquire; and
escaped from their owners, under certain
4. Transmission should be manifested by some
conditions
act which should be physical, symbolical or
7. catching of pigeons without fraud or artifice
legal.
8. transfer of fish to another breeding place
without fraud or artifice
Kinds:
1. Real Tradition – actual delivery
2. Constructive Tradition  A thing that has been lost or taken by force is
a. traditio symbolica – parties make use of a not ipso facto converted to res nullius for it to
token or symbol to represent the thing belong to the person who takes possession of
delivered the same without the necessity of proving the
b. traditio longa manu – by mere consent of mode of his acquisition and it may thus be
the parties if the thing sold cannot be recovered by the original owner (See Art.
transferred to the possession of the 559). Such thing cannot be acquired by
vendee at the time of the sale prescription even if extraordinary.
 Land cannot be the object of occupation
because when land is without an owner, it
pertains to the State (Report of Code

68
 San Beda College of Law MEMORY AID IN CIVIL LAW| 69

Commission). The State need not acquire (Quilala vs. Alcantara, GR No. 132681,
abandoned lands by occupation because December 3, 2001).
once the requisites of abandonment had been
fulfilled; reversion operates automatically
(Pineda, 497).

DONATION
DONATION INTER VIVOS AND DONATION
An act of liberality whereby a person disposes MORTIS CAUSA DISTINGUISHED
gratuitously of a thing or right in favor of another DONATION INTER DONATION MORTIS
who accepts it (Art. 725) VIVOS CAUSA
Takes effect Takes effect upon the
REQUISITES: (CIDA) independently of the death of the donor
1. donor must have capacity to make the donor’s death
donation Made out of donor’s Made in contemplation
2. he must have donative intent (animus pure generosity of his death without the
donandi) intention to lose the
3. there must be delivery thing or its free disposal
4. donee must accept or consent to the donation in case of survival
Title conveyed to the Title conveyed upon
donee before the donor’s death
donor’s death
ESSENTIAL FEATURES/ELEMENTS OF A Valid if donor survives Void if donor survives
TRUE DONATION: done done
1. Alienation of property by the donor during his Donation Inter Vivos Donation Mortis Causa
lifetime, which is accepted Takes effect Takes effect upon the
2. Irrevocability by the donor independently of the death of the donor
3. Animus Donandi donor’s death
4. Consequent impoverishment of the donor Made out of donor’s Made in contemplation
pure generosity of his death without the
CLASSIFICATION: intention to lose the
1. As to effectivity: thing or its free disposal
a. inter vivos in case of survival
b. mortis causa Title conveyed to the Title conveyed upon
c. propter nuptias donee before the donor’s death
2. As to perfection/ extinguishment: donor’s death
a. pure Valid if donor survives Void if donor survives
b. with a condition done done
c. with a term Generally irrevocable Always revocable at
3. As to consideration: during donor’s lifetime anytime and for any
a. simple – gratuitous except for grounds reason before the
b. remuneratory or compensatory – made provided by law (Arts. donor’s death
on account of donee’s merits 760, 765)
c. modal – imposes upon the donee a Must comply with the Must comply with the
burden which is less than the value of the formalities required by formalities required by
thing donated Arts. 748 and 749 of law for the execution of
d. onerous – imposes upon the done a the Code wills
reciprocal obligation or, to be more Must be accepted by Can only be accepted
precise, this is the kind of donation made the donee during his after the donor’s death
for a valuable consideration, the cost of lifetime
which is equal to or more than the thing Subject to donor’s tax Subject to estate tax
donated (Republic vs. Silim, GR No.
149487, April 2, 2001)
 The title given to a Deed of Donation is NOT
the determinative factor which makes the
 A stipulation in the donation that it was made donation “inter vivos” or “mortis causa.”
for and in consideration of the “love and Whether a donation is inter vivos or mortis
affection which the Donee inspires in the causa depends upon the nature of the
Donor, and as an act of liberality and disposition made (Reyes vs. Mosqueda, GR
generosity” is sufficient cause for a donation No. 45262, July 23, 1990).
 70 |2009 CENTRALIZED BAR OPERATIONS
 Art. 729 speaks of donations in praesenti
which take effect during the lifetime of the
donor but the property shall be delivered only
after the donor’s death. Such donations are
inter vivos although the subject matter is not
delivered at once, or the delivery is to be
made post mortem, which is a simple matter
of form and does not change the nature of the
act (Vita vs. Montanano GR No. L-50553,
February 19, 1991).
DONATIONS PROHIBITED BY LAW:
1. Made by persons guilty of adultery or
concubinage at the time of donation;
2. Made between persons found guilty of the
same criminal offense in consideration
thereof;
3. Made to a public officer or his/her spouse,
descendants or ascendants in consideration
of his/her office;
4. Made to the priest who heard the confession
of the donor during the latter’s last illness, or
the minister of the gospel who extended
spiritual aid to him during the same period;
5. Made to relatives of such priest, etc. within
the 4th degree, or to the church to which such
priest belongs;
6. Made by a ward to the guardian before the
approval of accounts;
7. Made to an attesting witness to the execution
of donation, if there is any, or to the spouse,
parents, or children, or anyone claiming under
them.
8. Made to a physician, surgeon, nurse, health
officer or druggist who took care of the donor
during his/her last illness;
9. Made by individuals, associations or
corporations not permitted by law to make
donations; and
10. Made by spouses to each other during the
marriage or to persons of whom the other
spouse is a presumptive heir.
FORMS OF DONATIONS:
1. Donations of movable property:
a. If donation is oral, simultaneous delivery
of property donated is required if the
value is P5,000.00 or less. Acceptance
may be oral or written.
b. If donation is in writing, simultaneous
delivery of property donated is not
required regardless of value. Acceptance
may be oral or written.
c. If the value exceeds P5,000.00, the
donation and acceptance must be in
writing. Simultaneous delivery of property
donated is not required.
2. Donation of immovable property:
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San Beda College of Law
a. must be in a public instrument specifying
the property donated and the burdens
assumed by donee, regardless of value
b. acceptance must be either:
i. in the same instrument
ii. in another public instrument, notified
to the donor in authentic form, and
noted in both deeds
 Expression of gratitude to the donor without
express acceptance was held a sufficient
acceptance (Cuevas vs. Cuevas GR No. L-
8327, December 14, 1955).
LIMITATIONS ON DONATION OF PROPERTY:
1. Future property cannot be donated.
2. Present property that can be donated:
a. if the donor has forced heirs: he cannot
give or receive by donation more than
what he can give or receive by will; and
b. if the donor has no forced heirs: donation
may include all present property provided
he reserves in full ownership or in
usufruct:
i. the amount necessary to support him
and those relatives entitled to support
from him
ii. property sufficient to pay the donor’s
debt contracted prior to the donation.
3. Donation should not prejudice creditors.
4. Donee must reserve sufficient means for his
support and for his relatives which are
entitled to be supported by him.
EFFECTS OF DONATION:
1. donee may demand the delivery of the thing
donated
2. donee is subrogated to the rights of the donor
in the property
3. in donations propter nuptias, the donor must
release the property from encumbrances,
except servitudes
4. donor’s warranty exists if
a. expressed
b. donation is propter nuptias
c. donation is onerous
d. donor is in bad faith
5. when the donation is made to several donees
jointly, they are entitled to equal portions,
without accretion, unless the contrary is
stipulated
PAYMENT OF THE DONOR’S DEBT BY THE
DONEE:
1. If there is express stipulation: the donee is
to pay only debts contracted before the
donation, if not otherwise specified; but the
donee answers only up to the value of the
property donated, if no stipulation is made to
the contrary
 San Beda College of Law MEMORY AID IN CIVIL LAW| 71

2. If there is no stipulation: the donee is b. Extraordinary acquisitive prescription:

answerable for the debts of the donor only in acquisition of ownership and other real
case of fraud against creditors. rights without need of title or of good faith
or any other condition
GROUNDS FOR REVOCATION OF DONATION:
1. birth, appearance, or adoption of a child Requisites:
2. non-fulfillment of a resolutory condition a. capacity to acquire by prescription
3. ingratitude of the donee b. a thing capable of acquisition by
prescription
Acts of Ingratitude (Art. 765) c. possession of thing under certain
a. If the donee should commit some offense conditions
against the person, the honor or property d. lapse of time provided by law
of the donor, or of his wife or children
under his parental authority; 2. Extinctive Prescription – rights and actions
b. He imputes to the donor any criminal are lost through the lapse of time in the
offense, or any act involving moral manner and under the conditions laid down
turpitude, even though he should prove it, by law; also called limitation of actions
unless the crime or the act has been
committed against the donee himself, his Acquisitive and Extinctive Prescription
wife or children under his authority; and Distinguished
c. He unduly refuses him support when the ACQUISITIVE EXTINCTIVE
donee is legally or morally bound to give PRESCRIPTION PRESCRIPTION
support to the donor. relationship between one does not look to
the occupant and the the act of the
GROUNDS FOR REDUCTION OF DONATION: land in terms of possessor but to the
1. birth, appearance, or adoption of a child possession is capable neglect of the owner
2. failure of the donor to reserve sufficient of producing legal
means for support of himself or dependent consequences; it is
relatives the possessor who is
3. failure of the donor to reserve sufficient the actor
property to pay off his existing debts requires possession requires inaction of
4. inofficiousness, that is, the donation exceeds by a claimant who is the owner or neglect
that which the donor can give by will not the owner of one with a right to
bring his action
 If a Deed of Donation expressly provides for applicable to applies to all kinds of
automatic reversion of the property donated in ownership and other rights, whether real or
case of violation of a condition therein, a real rights personal
judicial declaration revoking the same is not vests ownership or produces the
necessary. The rules on contracts and the other real rights in the extinction of rights or
general rules on prescription (10 years to occupant bars a right of action
recover in case of written contracts) should results in the results in the loss of a
apply and not the 4 year prescriptive period acquisition of real or personal right,
under Art. 764 of the Civil Code (Roman ownership or other or bars the cause of
Catholic Archbishop of Manila vs. CA, GR real rights in a person action to enforce said
No. 77425, June 19, 1991). as well as the loss of right
said ownership or real
PRESCRIPTION rights in another
can be proven under should be
CONCEPT: it is a means of acquiring ownership the general issue affirmatively pleaded
and other real rights or losing rights or actions to without its being and proved to bar the
enforce such rights through the lapse of time. affirmatively pleaded action or claim of the
adverse party
KINDS:
1. Acquisitive prescription – one acquires LACHES – failure or neglect for an unreasonable
ownership and other real rights through the and unexplained length of time, to do that which,
lapse of time in the manner and under the by exercising due diligence, one could or should
conditions laid down by law. have done earlier.
a. Ordinary acquisitive prescription: requires
possession of things in good faith and
with just title for the time fixed by law
 72 |2009 CENTRALIZED BAR OPERATIONS San Beda College of Law

PERSONS AGAINST WHOM PRESCRIPTION

RUNS:
1. Minors and other incapacitated persons who
have parents, guardians or other legal
representatives
2. Absentees who have administrators
3. Persons living abroad who have managers or
administrators
4. Juridical persons, except the state and its
subdivision
PERSONS AGAINST WHOM PRESCRIPTION
DOES NOT RUN:
1. Between husband and wife, even though
there be separation of property agreed upon
in the marriage settlements or by judicial
decree.
2. Between parents and children, during the
minority or insanity of the latter
3. Between guardian and ward during the
continuance of the guardianship

PERIOD OF PRESCRIPTION
MOVABLES IMMOVABLES
Good Faith
4 years 10 years
Bad Faith
8 years 30 years

Rules on Computation of Period:

1. The present possessor may complete the
period necessary for prescription by tacking
his possession to that of his grantor or
predecessor.
2. It is presumed that the present possessor
who was also the possessor at a previous
time, has continued to be in possession
during the intervening time, unless there is
proof to the contrary.
3. The first day shall be excluded and the last
day included.

72