San Beda Property

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26 2005 CENTRALIZED BAROPERATIONS

2005CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONSMaricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), JenniferAng(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan

Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (LegalEthics)

PROPERTY

PROPERTY All things which are, or may be the

object of appropriation

Requisites: (USA)1. utility2. substantivity or individuality3. appropriability

I.A. IMMOVABLE PROPERTIES1. land, buildings, roads and

constructions of all kinds adhered tothe soil;

2. trees, plants and growing fruits,while they are attached to the landor form an integral part of animmovable;

3. everything attached to animmovable in a fixed manner in sucha way that it cannot be separatedtherefrom without breaking thematerial or deterioration of theobject;

4. statues, reliefs, paintings or otherobjects for use or ornamentation,

placed in buildings or on lands by theowner of the immovable in such amanner that it reveals the intentionto attach them permanently to thetenements;

5. machinery, receptacles, instrumentsor implements intended by theowner of the tenement for anindustry or works which may becarried on in a building or on a pieceof land, and which tend directly tomeet the needs of the said industryor works;

Requisites:a. made by ownerb. industry or works carried on

building or on landc. machines, etc must tend directly

to meet needs of the industry orworks

d. machines, etc. must be essentialand principal elements of theindustry.

6. animal houses, pigeon-houses,7. beehives, fishponds or breeding

places of similar nature, in case

their owner has placed or preservedthem, with the intention to havethem permanently attached to theland, and forming a permanent partof it; the animals in those places areincluded;

8. fertilizer actually used on a piece ofland;

9. mines, quarries and slag dumps,while the matter thereof forms partof the bed, and waters eitherrunning or stagnant;

10.docks and structures which, thoughfloating, are intended by theirnature and object to remain at afixed place on a river, lake or coast;and

11.contracts for public works, andservitudes and other real rights overimmovable property

Categories: (NIDA)1. Real by nature it cannot be

carried from place to place(pars. 1 & 8, Art. 415, CivilCode)

2. Real by incorporation attachedto an immovable in a fixedmanner to be an integral partthereof (pars. 1-3 Art. 415, CivilCode)

3. Real by destination placed in an immovable for the utility itgives to the activity carriedthereon (pars. 4-7 and 9 Art.415, Civil Code)

4. By analogy it is so classified byexpress provision of law (par. 10,Art. 415, Civil Code)

B.MOVABLE PROPERTIES

1. those movables susceptible ofappropriation which are not includedin the preceding article;

2. real property which by any specialprovision of law is considered aspersonalty;

3. forces of nature which are broughtunder control of science;

4. in general, all things which can betransported from place to place


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San Beda College of Law 27MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEECHAIRPERSON:Romuald PadillaASST.CHAIRPERSON: Vida Bocar, Joyce VidadEDP: Alnaiza Hassiman, Dorothy GayonSUBJECT HEADS:Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. RhodoraFerrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John StephenQuiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),Ma. Ricasion Tugadi (Conflicts of Law)

without impairment of the realproperty to which they are fixed;

5. obligations and actions which havefor their object movables or

demandable sums; and6. shares of stock of agricultural,commercial and industrial entities,although they have real estate.

TESTS:a) By exclusion: movables are

everything not included in Art. 415.b) By description: an object is movable

if it possesses:1) Ability to change location2) Without substantial injury to the

immovable to which it is

attached.

Important Doctrines/principles onimmovable and movable properties:a) A Building is an immovable even if

not erected by the owner of theland. The only criterion is union orincorporation with the soil. (Laderavs. Hodges, 48 O.G. 4374).

b) Parties to a contract may byagreement treat as personalproperties that which by naturewould be real property; and it is a

familiar phenomenon to see thingsclasses as real property for purposesof taxation which on generalprinciple might be consideredpersonal property (Standard Oil Co.vs. Jaranillo, 44 Phil 631).

c) For purposes of attachment andexecution and for purposes of theChattel Mortgage Law, ungatheredproducts have the nature of personalproperty. (Sibal vs. Valdez, 50 Phil,512).

d) The human body, whether alive or

dead, is neither real nor personalproperty, for it is not even propertyat all, in that it generally cannot beappropriated. Under certainconditions, the body of a person orparts thereof may be subject matterof a transaction. (See RA No. 349, RANo. 7170, RA No. 7719).

e) What is the effect of temporaryseparation of movables from theimmovables to which they have beenattached?2 Views:

1) They continue to be regardedas immovables.

2) Fact of separation determinesthe condition of the objects

thus recovering their conditionas movables.* the latter view is supported byParas and Tolentino who maintainsthat the failure of the codifiers toreproduce the provision of thepartidas on the matter is anindication that they did not intendthe rule to continue.

f) A building that is to be sold ormortgaged and which would beimmediately demolished may beconsidered personal property and the

sale or mortgage thereof would be a saleof chattel, or a chattel mortgagerespectively, for the true object of thecontract would be the materials.

II.A. PROPERTY OF PUBLIC DOMINION Concept: It is not owned by the

state but pertains to the state,which, as territorial sovereignexercises certain juridicalprerogatives over such property.The ownership of such properties is

in the social group, whethernational, provincial or municipal.

Purpose: To serve the citizens andnot the state as a juridical person.

Kinds:1. Those intended for public use2. Those which are not for public

use but intended for publicservice

3. Those intended for thedevelopment of the nationalwealth

CHARACTERISTICS:1. Outside the commerce of man2. Inalienable. But when no longer

needed for public use or service,may be declared patrimonialproperty. In Laurel vs. Garcia(187 SCRA 797), the SupremeCourt held that whether or notthe Roppongi and relatedproperties will eventually be soldis a policy determination whereboth the President and Congressmust concur.


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3. Cannot be acquired byprescription

4. Not subject to attachment orexecution

5. Cannot be burdened witheasements

NOTE: They cannot be registered underthe land registration law and be thesubject of a Torrens title. The characterof public property is not affected bypossession or even a Torrens Title infavor of private persons. (Palanca vs.Commonwealth, 69 Phil. 449).

B. PATRIMONIAL PROPERTY OF THESTATE

Property of the State owned by it inits private or proprietary capacity.

the state has the same rights overthis kind of property as a privateindividual in relation to his ownprivate property

C. PROPERTY OF LOCAL GOVERNMENTUNITS (LGUs)1. Property for public use consist of

roads, streets, squares, fountains,public waters, promenades andpublic works for public service paid

for by the LGUs2. Patrimonial Property all other

property possessed by LGUs withoutprejudice to provisions of speciallaws

NOTE: In the case of Province ofZamboanga Del Norte vs. City ofZamboanga, the Supreme Courtcategorically stated that this court isnot inclined to hold that municipalproperty held and devoted to publicservice is in the same category as

ordinary private property. Theclassification of municipal propertydevoted for distinctly governmentalpurposes as public should prevail overthe Civil Code in this particular case.Here, the Law of Municipal Corporationswas considered as a special law in thecontext of Article 424 of the NCC.

D. PROPERTY OF PRIVATE OWNERSHIP refers to all property belonging to

private persons either individually orcollectively and those belonging to

the State and any of its politicalsubdivisions which are patrimonial innature

Muebles or furniture generally has

for its principal object the furnishingor ornamenting of a building. Notethat there are exceptions to thisdefinition and are generally notincluded as furniture unless the lawor the individuals declarationinclude them.

OWNERSHIP The right to enjoy, dispose, and

recover a thing without furtherlimitations than those established bylaw or the will of the owner.

Rights included:1. Right to enjoy: (PUFA)

a) to possess (jus possidendi)b) to use (jus utendi)c) to the fruits (jus fruendi)

and accessionsd) to abuse (jus abutendi)

2. Right to dispose: (DATE)a) to destroyb) to alienatec) to transformd) to encumber

3. Right to vindicate: (RP)a) pursuitb) recovery

4. Right to exclude: (ER)a) to enclose, fence and delimitb) to repel intrusions even with

force

Characteristics: (EGEIP)1. Ownership is Elastic power/s may

be reduced and thereafterautomatically recovered upon thecessation of the limiting rights.

2. General the right to make use ofall the possibilities or utility of thething owned, except those attachedto other real rights existing thereon.

3. Exclusive there can only be oneownership over a thing at a time.There may be two or more ownersbut ONLY ONE ownership.

4. Independence It exists withoutnecessity of any other right

5. Perpetuity ownership lasts as longas the thing exists. It cannot beextinguished by non user but only by


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adverse possession. Limitations:1. General limitations imposed by the

State for its benefit

2. Specific limitations imposed by law3. Limitations imposed by the partytransmitting the property either bycontract or by will

4. Limitations imposed by the ownerhimself

5. Inherent limitations arising fromconflict with other rights

De Facto case of Eminent Domain expropriation resulting from the

actions of nature as in one casewhere land becomes part of one sea.

The owner loses his property in favorof the state without anycompensation.

Principle of Self-Help right of the owner or lawful

possessor to exclude any person fromthe enjoyment and disposal of theproperty by the use of such force asmay be necessary to repel or preventactual or threatened unlawfulphysical invasion or usurpation of hisproperty.

Requisites: (RONA)1. reasonable force2. owner or lawful possessor is the

person who will exercise3. no delay in ones exercise4. actual or threatened physical

invasion or usurpation

GENERAL RULE: A person cannotinterfere with the right of ownership ofanother.EXCEPTION: Doctrine of IncompletePrivilege or State of Necessity (Article432) Requisites: (ID)1. Interference necessary2. Damage to another much greater

than damage to property

LEGAL REMEDIES TO RECOVERPOSSESSION OF ONES PROPERTY1. Personal property: Replevin REPLEVIN - remedy when the

complaint prays for the recovery ofthe possession of personal property.

2. Real Property:a. ACCION INTERDICTAL Nature: summary action to

recover physical or material

possession only. It consists ofthe summary actions of:1. Forcible entry Action for recovery of

material possession of realproperty when a personoriginally in possession wasdeprived thereof by force,intimidation, strategy,threat or stealth

2. Unlawful Detainer Action for recovery of

possession of any land or

building by landlord, vendor,vendee, or other personagainst whom the possessionof the same was unlawfullywithheld after the expirationor termination of the right tohold possession, by virtue ofany contract.

Forcible Entry UnlawfulDetainer

As to when possession became unlawful

Possession of the

defendant isunlawful from thebeginning as heacquirespossession byForce,intimidation,strategy, threator stealth

Possession is

inceptively lawfulbut becomes illegalfrom the timedefendantunlawfullywithholdspossession afterthe expiration ortermination of hisright thereto.

As to the necessity of demand

No previousdemand for thedefendant to

vacate isnecessary

Demand isjurisdictional if theground is non-

payment of rentalsor failure tocomply with thelease contract

As to necessity of proof of priorphysical possession

Plaintiff mustprove that he wasin prior physicalpossession of thepremises until hewas deprivedthereof by the

Plaintiff need nothave been in priorphysical possession


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defendant

As to when the 1 year period is countedfrom

1 year period isgenerally countedfrom the date ofactual entry onthe land

1 year period iscounted from thedate of lastdemand or lastletter of demand

b. ACCION PUBLICIANA Nature: Ordinary civil

proceeding to recover the betterright of possession, except incases of forcible entry andunlawful detainer. The involvedis not possession de facto butpossession de jure.

c. ACCION REIVINDICATORIA Nature: action to recover real

property based on ownership.Here, the object is the recoveryof the dominion over theproperty as owner.

Requisites:1. Identity of the Property2. Plaintiffs title to the

property

Surface Rights

The owner of parcel of land is theowner of its surface and everythingunder it.

The economic utility which suchspace or subsoil offers to the ownerof the surface sets the limit of theowners right to the same.

HIDDEN TREASURE Definition: any hidden or unknown

deposit of money, jewelry or otherprecious objects, the lawfulownership of which does not appear.

GENERAL RULE: It belongs to theowner of the land, building or otherproperty on which it is found.EXCEPTIONS: The finder is entitled to provided:

1. Discovery was made on theproperty of another, or of thestate or any of its politicalsubdivisions;

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 thelandowner;

6. The finder is not married underthe absolute community or the

conjugal partnership system(otherwise his share belongs tothe community).

ACCESSION The right by virtue of which the

owner of a thing becomes the ownerof everything that it may produce orwhich may be inseparably united orincorporated thereto, eithernaturally or artificially.

Classifications:

1. Accession Discreta the rightpertaining to the owner of a thing overeverything produced thereby

Kinds of Fruitsa. natural fruits spontaneous

products of the soil and theyoung and other products ofanimals

b. industrial fruits those producedby lands of any kind throughcultivation or labor

c. civil fruits rents of buildings,

price of leases or lands and theamount of perpetual or lifeannuities or other similar income

GENERAL RULE: To the owner

belongs the natural, industrial, andcivil fruits.

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 antichreticcreditor

2. Accession Continua the rightpertaining to the owner of a thing overeverything that is incorporated orattached thereto either naturally orartificially; by external forces.

a. With respect to real propertyi. accession industrial building, planting or sowing

ii. accession natural alluvium, avulsion, change


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of river course, andformation of islands

b. With respect to personalproperty

i. adjunction or conjuctionii. commixtion or confusioniii specification

Basic Principles: (GONE BAD)

1. He who is in good faith may be heldresponsible but will not bepenalized.

2. To the owner of a thing belongs theextension or increase of such thing.

3. Bad faith of one party neutralizesthe bad faith of the other.

4. There should be no unjust

enrichment at the expense of others.5. Bad faith involves liability for

damages.

6. Accessory follows the principal.7. Accession exists only if the

incorporation is such that separationwould either seriously damage thething or diminish its value.

Right of Accession with respect toImmovable PropertyNOTE: See TABLES

Important Doctrines/Principles:a) Under Art 448, the landowner may

not refuse both to pay for thebuilding and to sell the land andinstead seek to compel the owner ofthe building to remove the buildingfrom the land. He is entitled to suchremoval ONLY when, after havingchosen to sell the land, the otherparty fails to pay for said land.(Ignacio vs. Hilario, 76 Phil. 605)

b) Should no other arrangement be

agreed upon, the owner of the landdoes not automatically become theowner of the improvement.(Filipinas Colleges, Inc. vs. Timbang,106 Phil. 247)

c) Article 448 is not applicable where aperson constructs a house on his ownland and then sells the land, not thebuilding. (Coleongco vs. Regalado,27 Phil 387)

d) Article 448 does not apply to caseswhich are governed by otherprovisions of law such as co-

ownership, usufruct, agency, lease.

e) The provision on indemnity in Art.448 may be applied by analogyconsidering that the primary intentof the law is to avoid a state of

forced co-ownership especiallywhere the parties in the main agreethat Articles 448 and 546 areapplicable and indemnity for theimprovements may be paid althoughthey differ as to the basis of theindemnity. (Pecson vs. CA 244 SCRA407).

ACCESSION NATURAL1. Alluvion or alluvium increment

which lands abutting rivers graduallyreceive as a result of the current of

the waters. Concept: it is the gradual

deposit of sediment by thenatural action of a current offresh water (not sea water, theoriginal identity of the depositbeing lost.

Requisites:a) the deposit be gradual and

imperceptibleb) that it be made through the

effects of the current of the

waterc) that the land where accretion

takes place is adjacent to thebanks of the river.

NOTES:

The owners of the lands adjoiningthe banks of the river (riparianlands) shall own the accretion whichthey gradually receive.

Accretion operates ipso jure.However, the additional area is notcovered by a Torrens title and the

riparian owner must register theadditional area.

Doctrines:a) Where the deposit is by sea

water, it belongs to the stateb) A gradual change of bed is also

governed by the rules ofalluvium (Canas vs. Tuason 5Phil. 689)

2. Avulsion the transfer of a knownportion of land from one tenement

to another by the force of the


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current. The portion of land mustbe such that it can be identified ascoming from a definite tenement.

Requisites:a) The segregation and transfermust be caused by the current ofa river, creek or torrent.

b) The segregation and transfermust be sudden or abrupt

c) The portion of land transportedmust be known or identified

NOTES:

The owner must remove thetransported portion within two yearsto retain ownership

In case of uprooted trees, the ownerretains ownership if he makes aclaim within 6 months. This refersonly to uprooted trees and does notinclude trees which remain plantedon a known portion of land carriedby the force of the waters. In thislatter case, the trees are regardedas accessions of the land throughgradual changes in the course ofadjoining stream. (Payatas vs.Tuazon)

Registration under the Torrenssystem does not protect the riparianowner against diminution of the areaof his land through gradual changesin the course of adjoining stream(Payatas vs. Tuazon).

Alluvium Avulsion1. gradual andimperceptible

1. sudden orabrupt process

2. soil cannot beidentified

2. identifiable andverifiable

3. belongs to theowner of theproperty to whichit is attached

3. belongs to theowner from whoseproperty it wasdetached

4. merely anattach-ment

4. detachment fol-lowed byattachment

3. Change of course of rivers Requisites:

a) There must be a natural changein the course of the waters ofthe river

b) The change must be abrupt orsudden

NOTES:

Once the river bed has beenabandoned, the owners of theinvaded land become owners of the

abandoned bed to the extentprovided by this article. No positiveact is needed on their part, as it issubject thereto ipso jure from themoment the mode of acquisitionbecomes evident.

It does not apply to cases where theriver simply dries up because thereare no persons whose lands areoccupied by the waters of the river.

4. Formation of Islands RULES ON OWNERSHIP

a. If formed by the sea:1) within territorial waters -

State2) outside territorial waters

to the first occupantb. If formed in lakes, or navigable or

floatable rivers - Statec. If formed on non-navigable or

non-floatable rivers:1) if nearer to one margin or

bank to the nearer reparianowner

2) if equidistant from bothbanks- to the reparianowners, by halves.

NOTE: There is no accession whenislands are formed by the branching of ariver; the owner retains ownership of theisolated piece of land.

Right of Accession with respect tomovable property Basic Principle: Accession exists

only if separation is not feasible.Otherwise, separation may be

demanded.

KINDS (accession continua as tomovables):

1. Adjunction the union of two things

belonging to different owners, insuch a manner that they cannotbe separated without injury,thereby forming a single object.

Requisitesa) the two things must belong to

different owners

b) that they form a single object,


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or that their separation wouldimpair their nature

Kinds:a. inclusion or engraftment

b. soldadura or solderingc. escritura or writingd. pintura or paintinge. tejido or weaving

Tests to determine principal:a. the rule of importance and

purposeb. that of greater valuec. that of greater volumed. that of greater merits

Rules:a) Adjunction in good faith by either

owner:: accessory follows

the principal.if the accessory is

much more precious than theprincipal, the owner of the accessorymay demand the separation even ifthe principal suffers some injury

b) Adjunction in bad faith by theowner of the principal option of the owner of the

accessory:i) to recover the value plus

damagesii) to demand separation plusdamages

c) Adjunction in bad faith by theowner of the accessoryi) he loses the accessoryii) he is liable for damages

When separation of thingsallowed:a. separation without injuryb. accessory is more precious

than the principalc. owner of the principal acted

in bad faith2. Mixture Union of materials where the

components lose their identity. Kinds:

a. Commixtion mixture ofsolids

b. Confusion mixture ofliquids

Rules:a. By the will of both owners or by

accident: each owner acquires

an interest in proportion to thevalue of his material

b. By one owner in good faith:apply rule(a)

c. By one owner in bad faith:i) he loses all his rights to hisown material

ii) he is liable for damages

3. Specification It is the transformation of anothers

material by the application of labor.The material becomes a thing ofdifferent kind.

Labor is the principal

Rules:

a) Owner of the principal (worker)in good faith:i) maker acquires the new

thingii) he must indemnify the owner

of the material: if the material is

more valuable than the resultingthing, the owner of the materialhas the option:1) to acquire the work,

indemnifying for the labor,or

2) to demand indemnity for thematerial

b) owner of the principal (worker)in bad faith: the owner of thematerial has the option:i) to acquire the result without

indemnityii) to demand indemnity for the

material plus damagesc) Owner of the material in bad

faithi) he loses the materialii) he is liable for damages

Adjunction Mixture Specification1. Involvesat least 2things

Involves atleast 2things

May involveone thing (ormore) butform ischanged

2. Accessoryfollows theprincipal

Co-ownershipresults

Accessoryfollows theprincipal


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3. Thingsjoined retaintheir nature

Thingsmixed orconfusedmay eitherretain or

lose theirrespectivenatures

The newobject retainsor preservesthe nature ofthe original

object.

QUIETING OF TITLE It is an equitable action in rem to

determine the condition of theownership or the rights toimmovable property, and removedoubts thereon.

Requisites:1. plaintiff must have a legal or

equitable title to, or interest in thereal property which is the subjectmatter of the action;

2. there must be a cloud in such title;3. such cloud must be due to some

instrument, record, claim,encumbrance or proceeding which isapparently valid but is in truthinvalid, ineffective, voidable orunenforceable, and is prejudicial tothe plaintiffs title; and

4. plaintiff must return to thedefendant all benefits he may havereceived from the latter, orreimburse him for expenses that mayhave redounded to his benefit.

Prescriptive Period:1. plaintiff in possession

imprescriptible2. plaintiff not in possession 10

(ordinary) or 30 years (extraordinary)

Action to quiettitle

Action toremove a cloud

on titlePURPOSEto put an end totroublesomelitigation inrespect to theproperty involved

to remove apossible foundationfor a future hostileclaim

NATURE OF THE ACTION

remedial actioninvolving a presentadverse claim

Preventive actionto prevent a futurecloud on the title

The action to quiet title does notapply:a) to questions involving

interpretation of documents

b) to mere written or oralassertions of claims; EXCEPT:i) if made in a legal proceedingii) if it is being asserted that

the instrument or entry inplaintiffs favor is not whatit purports to be

c) to boundary disputesd) to deeds by strangers to the title

UNLESS purporting to convey theproperty of the plaintiff

e) to instruments invalid on theirface

f) where the validity of theinstrument involves purequestions of law

Ruinous Buildings and Trees in Dangerof Falling:

As to buildings the owners isobliged to demolish or executenecessary work to prevent thebuilding from falling. Should he failto do so, the authorities shall orderits demolition at the expense of theowner, or take measures to insure

public safety.

The complainant must show that hisproperty is adjacent to thedangerous construction, or musthave to pass by necessity in theimmediate vicinity.

The owner is responsible fordamages to others due to lack ofnecessary repairs. However, if thedamage is caused by defects in theconstruction, then the builder isresponsible for the damages.

CO-OWNERSHIP Definition: the right of common

dominion which two or more personshave in a spiritual part of a thingwhich is not physically divided.

Concept: co-ownership exists wherethe ownership of a thing physicallyundivided pertains to more than oneperson.


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Characteristics:a) plurality of subjects (the co-

owners)b) there is a single object which is

not materially dividedc) there is no mutualrepresentation by the co-owners

d) it exist for the commonenjoyment of the co-owners

e) it has no distinct legalpersonality

f) it is governed first of all by thecontract of the parties;otherwise, by special legalprovisions, and in default of suchprovisions, by the provisions ofTitle III on co-ownership

Sources:1. Law2. Contract3. Chance4. Occupation5. Succession6. Testamentary disposition or

donation inter vivos

Co-ownership Partnership1. Can be createdwithout the

formalities of acontract

1. Can be createdonly by contract,

express or implied

2. Has no juridical orlegal personality

2. Has juridicalpersonality distinctfrom the partners

3. Purpose iscollective enjoymentof the thing

3. Purpose is toobtain profits

4. Co-owner candispose of his shareswithout the consentof the others withthetransferee

automaticallybecoming a co-owner

4. A partner, unlessauthorized cannotdispose of his shareand substituteanother as a partnerin his place

5. There is no mutualrepresentation

5. A partner cangenerally bind thepartnership

6. Distribution ofprofits must beproportional to therespective interestsof the co-owners

6. Distribution ofprofits is subject tothe stipulation of theparties

7. A co-ownership isnot dissolved by thedeath or incapacityof a co-owner

7. Death orincapacity dissolvesthe partnership

8. no publicinstrument neededeven if real propertyis the object of theco-ownership

8. May be made inany form exceptwhen real property iscontributed

9. An agreement tokeep the thingundivided for aperiod of more than10 years is void

9. There may beagreement as to adefinite term withoutlimit set by law

Rules:1. Rights of each co-owner as to the

thing owned in common: USBRAP-LDPa) To use the thing owned incommon Limitations:

i) use according to the purposefor which it was intended

ii) interest of the co-ownershipmust not be prejudiced

iii) other co-owners must not beprevented from using itaccording to their ownrights

b) To share in the benefits andcharges in proportion to theinterest of each.

NOTE: Any stipulation to thecontrary is void.

c) To the benefits of prescription:prescription by one co-ownerbenefits all.

d) Repairs and taxes: to compel theothers to share in the expensesof preservation even if incurredwithout prior notice.

NOTE: The co-owner beingcompelled may exempt himself fromthe payment of taxes and expensesby renouncing his share equivalent tosuch taxes and expenses. The valueof the property at the time of therenunciation will be the basis of theportion to be renounced.e) Alterations: to oppose

alterations made without theconsent of all, even if beneficial.

NOTES:

Alteration is an act by virtue ofwhich a co-owner changes thething from the state in which theothers believe it should remain,or withdraws it from the use towhich they desire it to be

intended.


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Expenses to improve orembellish are decided by themajority

f) To protest against seriously

prejudicial decisions of themajorityg) Legal redemption: to be

exercised within 30 days fromwritten notice of sale of anundivided share of another co-owner to a stranger

h) To defend the co-ownershipsinterest in court

i) To demand partition at any time Partition is the divisionbetween 2 or more persons ofreal or personal property which

they own in common so thateach may enjoy and possess hissole estate to the exclusion ofand without interference fromothers

GENERAL RULE: Partition is

demandable by any of the co-owners as a matter of right atany time.EXCEPTIONS:

1) When there is a stipulationagainst it; but not to exceed10 years.

2) When the condition ofindivision is imposed by thedonor or testator; but not toexceed 20 years.

3) When the legal nature of thecommunity preventspartition.

4) When partition would renderthe thing unserviceable.

5) When partition is prohibitedby law

6) When another co-owner haspossessed the property asexclusive owner for a periodsufficient to acquire it byprescription.

2. The following questions aregoverned by the majority ofinterests:a) Management Minority may appeal to the court

against the majoritys decision ifthe same is seriously prejudicial.

b) Enjoyment

c) Improvement or embellishment

3. Rights as to the ideal share of eachco-owner:

a) Each has full ownership of his partand of his share of the fruits and

benefitsb) Right to substitute another personits enjoyment, EXCEPT whenpersonal rights are involved

c) Right to alienate, dispose orencumber

d) Right to renounce part of hisinterest to reimburse necessaryexpenses incurred by another co-owner

e) Transactions entered into by eachco-owner only affect his idealshare.

EXTINGUISHMENT OF CO-OWNERSHIP(CALSTEP)1. consolidation or merger in one co-

owner2. acquisitive prescription in favor of a

third person or a co-owner whorepudiates the co-ownership

3. loss or destruction of property co-owned

4. sale of property co-owned5. termination of period agreed upon

by the co-owners

6. expropriation7. judicial or extra-judicial partition

CONDOMINIUM ACT (R.A. NO. 4726)CONDOMINIUM an interest in real property

consisting of a separate interest in aunit in a residential, industrial orcommercial building and anundivided interest in common,directly or indirectly, in the land onwhich it is located and in othercommon areas of the building.

Any transfer or conveyance of a unitor an apartment, office or store orother space therein, shall includetransfer or conveyance of theundivided interest in the commonareas or, in a proper case, themembership or shareholdings in thecondominium corporation: provided,however, that where the commonareas in the condominium projectare held by the owners of separateunits as co-owners thereof, nocondominium unit therein shall be


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conveyed or transferred to personsother than Filipino citizens orcorporations at least 60% of thecapital stock of which belong to

Filipino citizens, except in cases ofhereditary succession.

GENERAL RULE: Common areas shall

remain undivided, and there shall be nojudicial partition thereof:

EXCEPTIONS:

1. When the project has not beenrebuilt or repaired substantially toits state prior to its damage ordestruction 3 years after damage ordestruction which rendered amaterial part thereof unfit for use;

2. When damage or destruction hasrendered or more of the unitsuntenantable and that thecondominium owners holding morethan 30% interest in the commonareas are opposed to restoration ofthe projects;

3. When the project has been inexistence for more than 50 years,that it is obsolete and uneconomic,and the condominium owners holdingin aggregate more than 50% interestin the common areas are opposed torestoration, remodeling ormodernizing;

4. When the project or a material partthereof has been condemned orexpropriated and the project is nolonger viable, or that thecondominium owners holding inaggregate more than 70% interest inthe common areas are opposed tothe continuation of the condominiumregime;

5. When conditions for partition by sale

set forth in the declaration ofrestrictions duly registered havebeen met.

WATERS Classificationa) Waters public per se (water is the

principal; the bed follows thecharacter of the water (See Arts.502 [1] and 502 [2])

b) Waters public or private accordingto their bed (water is accessory tobed)

c) Waters public by special provision

POSSESSION Concept: the material holding or

control of a thing or the enjoymentof a right.

Requisites:1. occupancy, apprehension, or taking2. deliberate intention to possess3. by virtue of ones own right

Degrees:1. possession without any title

whatsoever2. possession with juridical title3. possession with just title sufficient

to transfer ownership4. possession with a title in fee simple

Classes:a) In ones own name where possessor

claims the thing for himselfb) In the name of another for whom

the thing is held by the possessorc) In the concept of owner possessor

of the thing or right , by his actions,is considered or is believed by otherpeople as the owner, regardless ofthe good or bad faith of the

possessord) In the concept of holder possessor

holds it merely to keep or enjoy it,the ownership pertaining to anotherperson; possessor acknowledges inanother a superior right which hebelieves to be ownership.

NOTE: None of these holders assert aclaim of ownership in himself over thething but they may be considered aspossessors in the concept of owner, orunder claim of ownership, with respectto the right they respectively exercise

over the thing.e) In good faith possessor is not aware

that there is in his title or mode ofacquisition a defect that invalidatesit Requisites:

1. Ostensible title or mode ofacquisition

2. Vice or defect in the title3. Possessor is ignorant of the

vice or defect and must havean honest belief that thething belongs to him


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NOTE: Gross and inexcusable ignoranceof the law may not be the basis of goodfaith, but possible, excusable ignorancemay be such basis. (Kasilag vs Roque, 69

PHIL 217)f) In bad faith possessor is aware ofthe invalidating defect in his owntitle.

NOTES:

Only personal knowledge of the flawin ones title or mode of acquisitioncan make him a possessor in badfaith. It is not transmissible even toan heir.

Possession in good faith ceases fromthe moment defects in his title aremade known to the possessor. This

interruption of good faith may takeplace at the date of summons or thatof the answer if the date ofsummons does not appear.However, there is a contrary viewthat the date of summons may beinsufficient to convince thepossessor that his title is defective.

Presumptions in favor of possessor:1. of good faith2. of continuity of initial good faith3. of enjoyment in the same character

in which possession was acquireduntil the contrary is proved

4. of non-interruption in favor of thepresent possessor

5. of continuous possession by the onewho recovers possession of which hewas wrongfully deprived

6. of extension of possession of realproperty to all movables containedtherein

Object of possession:

All things and rightssusceptible of being appropriated

1. Res communes2. Property of public dominion3. Discontinuous servitudes4. Non-apparent servitudes

Acquisition of possession: Manner1. Material occupancy of the thing2. Subjection to the action of our will3. Proper acts and legal formalities

established for acquiring such right.

Conflicts between several claimants:Possession cannot be

recognized in two different personalitiesexcept in case of co-possession when

there is no conflict Criteria in case of dispute:

1. present/actual possessor shall bepreferred

2. if there are two possessors, the onelonger in possession

3. if the dates of possession are thesame, the one with a title

4. if all the above are equal, the fact ofpossession shall be judiciallydetermined, and in the meantime,the thing shall be placed in judicialdeposit

Subject Possessor ingood faith

Possessorin badfaith

a. Fruitsgathered

a. to possessor a. to owner

b.CultivationExpenses ofgatheredfruits

b. notreimbursed topossessor

b.reimbursedtopossessor

c. Fruitspending

andcharges

c. proratedaccording to

time

c. to owner

d.Productionexpenses ofpendingfruits

d. indemnitypro rata topossessor(ownersoption)

i. in money,orii. byallowing fullcultivationandgathering of

all fruits

d. noindemnity

e.Necessaryexpenses

e. reimbursedto possessor;retention

e.reimbursedtopossessor;noretention

f.. Usefulexpenses

f. reimbursedto possessor(ownersoption)

i. initial costii. plus value may removeif no

f. noreimbursement


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reimburse-ment, and nodamage iscaused to theprincipal by

the removalg.Ornamen-talexpenses

g. reimburse-ment atownersoption:

i. removal ifno injury, or

ii. costwithoutremoval

g. ownersoption:

i.removal, or

ii. valueat time ofrecovery

h. Taxesandchargesi. on

capital

ii. onfruits

iii.charges

h. taxes andcharges

i. charged toowner

ii. charged topossessoriii. prorated

h. taxesand charges

i. chargedto owner

ii.charged toowner

iii. toowner

i. Improve-ments nolongerexisting

i. noreimburse-ment

i. noreimburse-ment

j. Liabilityforaccidental

loss ordeterioration

j. only ifacting withfraudulent

intent ornegligence,after summons

j. liable inevery case

k.Improve-ments dueto time ornature

k. to owneror lawfulpossessor

k. toowner orlawfulpossessor

Possession of movables Possession of movables in good faith

is equivalent to title. Requisites:

a) possession is in good faithb) the owner has voluntarily parted

with the possession of the thingc) possessor is in the concept of

ownerOne who has lost or has beenunlawfully deprived of it , mayrecover it from whomsoeverpossesses it, ordinarily, withoutreimbursement.

Doctrines:

a) owner of the thing must prove (1)ownership of the thing and (2) loss orunlawful deprivation; or bad faith ofthe possessor

b) Where the owner acts negligently orvoluntarily parts with the thingowned, he cannot recover it fromthe possessor

c) The owner may recover the movablein case of loss or involuntarydeprivation; but must reimburse theprice paid if possessor acquired thething in good faith and at a publicsale.

Loss of possession:1. By the will of the possessor

a) Abandonmentb) Transfer or conveyance

2. Against the will of the possessora) Eminent domainb) Acquisitive prescriptionc) Judicial decree in favor of better

rightd) Possession of another for more

than one yearNOTE: this refers to possession defacto where the possessor loses theright to a summary action; but hemay still bring action publiciana or

reivindicatoriae) By reason of the object

i. destruction or total loss ofthe thingsii. withdrawal from commerce

USUFRUCT gives a right to enjoy the property of

another with the obligation ofpreserving its form and substance,unless the title constituting it or thelaw otherwise provides.

Characteristics:a. Real rightb. Of temporary durationc. To derive all advantages from

the thing due to normalexploitation

d. may be constituted on real orpersonal property, consumableor non-consumable, tangible orintangible, the ownership ofwhich is vested in another

e. transmissible


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Usufructuary is boundto preserve the form and substance ofthe thing in usufruct.

Abnormal usufruct whereby

the law or the will of the parties mayallow the modification of the substanceof the thing.

Usufruct Lease1. Always a realright

1.Generally apersonal right

2. Person creatingthe usufruct shouldbe the owner or hisduly authorizedagent

2. Lessor may notbe the owner

3. May be createdby law, by contract,

by will of thetestator, or byprescription

3.Generally createdby contract

4. As a rule,usufruct covers allthe fruits and allthe uses andbenefits of theentire property

4.Lease generallyrefers to uses only

5. Involves a moreor less passiveowner who allowsthe usufructuary toenjoy the object

given in usufruct

5. Lease involves amore active owneror lessor who makesthe lessee to enjoy

6. Pays for ordinaryrepairs and taxes onthe fruits

6.Lessee is notgenerally underobligation toundertake repairsor pay taxes

Special Usufructsa) of pension or income (Art 570)b) of property owned in common (Art.

582)c) of cattle (livestock) (Art. 591)d) on vineyards and woodlands (Art.

575-576)e) on a right of action (Art. 578)f) on mortgaged property (Art. 600)g) over the entire patrimony (Art.

598)h) over things which gradually

deteriorate (Art. 573)i) of consumable property (Art 574)

Rights of the Usufructuary1.As to the thing and its fruits

a. To receive and benefit from thefruits

b. To enjoy any increase throughaccessions and servitudes

c. To the half of the hiddentreasure he accidentally finds

d. To lease the thing, generally, forthe same or shorter period asthe usufruct.

e. To improve the thing withoutaltering its form and substance

f. Right to set-off theimprovements he may havemade on the property againstany damage to the same

g. To retain the thing until he isreimbursed for advances forextraordinary expenses andtaxes on the capital

h. To collect reimbursements fromthe owner for indispensableextraordinary repairs, taxes onthe capital he advanced, anddamages caused to him.

i. To remove improvements madeby him if the same will notinjure the property

2.As to the usufruct itselfa. To mortgage the right of

usufruct except parentalusufruct

b. To alienate the usufruct

Obligations of the usufructuary:1. Before exercising the usufruct:

a. To make an inventory of theproperty

b. To give a bond, EXCEPT1) when no prejudice would

result2) when the usufruct is

reserved by the donor orparents

3) in cases ofcaucion juratoriawhere the usufructuary,

being unable to file therequired bond or security,files a verified petition inthe proper court asking forthe delivery of the house andfurniture necessary forhimself and his familywithout any bond orsecurity. takes an oath to take

care of the things andrestore them

property cannot be


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f) It is a right limited by the needs ofthe dominant owner or estate,without possession

g) It cannot consist in the doing of an

act unless the act is accessory inrelation to a real easementh) It is a limitation on the servient

owners rights of ownership for thebenefit of the dominant owner; and,therefore, it is not presumed

Classification:1. As to its exercise:

a)Continuous Easements those theuse of which is, or may be,incessant without theintervention of any act of man

b) Discontinuous Easements thosewhich are used at intervals anddepend upon the acts of man

2. As to the indication of theirexistence:a) Apparent Easements those

which are made known and arecontinually kept in view byexternal signs that reveal theuse and enjoyment of the same

b) Non-apparent Easements thosewhich show no external

indication of their existence

3. As to duty of servient ownera) Positive the servient owner

must allow something to be donein his property or do it himself.These are called servitudes ofintrusion and or/service

b) Negative the servient ownermust refrain from doingsomething which he couldlawfully do if the easement didnot exist

Easement Lease1. Real right,whether registeredor not

Real right only whenit is registered, orwhen its subjectmatter is realproperty and theduration exceedsone year

2. Imposed only onreal property

May involve eitherreal or personal

3. There is a limitedright to the use ofreal property ofanother but withoutthe right of

possession

Limited right toboth the possessionand use of anothersproperty

Easement Usufruct1. Imposed only onreal property

May involve eitherreal or personalproperty

2. Limited toparticular orspecific use of theservient estate

Includes all the usesand the fruits of theproperty

3. A non-possessoryright over animmovable

Involves a right ofpossession in animmovable or

immovable4. Not extinguishedby the death of thedominant owner

Extinguished by thedeath of theusufructuary

Modes of Acquisition: (PDFAT)1. by prescription of 10 years

(continuous and apparenteasements)

2. by deed of recognition3. by final judgment4. by apparent sign established by

the owner of two adjoining

estates5. by title

Dominant Owner Rights

1. To exercise all the rightsnecessary for the use of theeasement

2. To make on the servient estateall the works necessary for theuse and preservation of theservitude

3. To renounce the easement if he

desires to exempt himself fromcontribution to necessaryexpenses

4. To ask for mandatory injunctionto prevent impairment of his useof the easement

Obligations:1. Cannot render the easement or

render it more burdensome2. Notify the servient owner of

works necessary for the use andpreservation of the servitude


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3. Choose the most convenienttime and manner in making thenecessary works as to cause theleast inconvenience to the

servient owner4. Contribute to the necessaryexpenses if there are severaldominant estates

Servient Owner Rights:

1. To retain ownership andpossession of the servient estate

2. To make use of the easement,unless there is agreement to thecontrary

3. To change the place or manner

of the easement, provided it beequally convenient

Obligations:1. Cannot impair the use of the

easement2. Contribute to the necessary

expenses in case he uses theeasement, unless there is anagreement to the contrary

Extinguishment of Easements:(REMAIN BREW)

1. Redemption agreed upon2. Expiration of the term or

fulfillment of the resolutorycondition

3. Merger of ownership of thedominant and servient estate

4. Annulment of the title to theservitude

5. Permanent Impossibility to usethe easement

6. Non-user for 10 yearsa. discontinuous: counted

from the day they ceased to

be usedb. continuous: counted

from the day an act adverseto the exercise takes place

7. Bad condition - when either orboth estates fall into such acondition that the easementcould not be used

8. Resolution of the right to createthe servitude, i.e. in case ofpacto de retro, when theproperty is redeemed

9. Expropriation of the servient

estate10.Waiver by the dominant owner

EASEMENT FOR WATERING CATTLE

This is really a combined easementfor drawing of water and right of way Requisites:

a) must be imposed for reasons ofpublic use

b) must be in favor of a town orvillage

c) indemnity must be paid

EASEMENT OF AQUEDUCT The right arising from a forced

easement by virtue of which theowner of an estate who desires to

avail himself of water for the use ofsaid estate may make such waterspass through the intermediate estatewith the obligation of indemnifyingthe owner of the same and also theowner of the estate to which thewater may filter or flow.

Character: apparent and continuous Requisites:

a) dominant owner must prove thathe has the capacity to dispose ofthe water

b) that the water is sufficient for

the intended usec) that the course is most

convenient, and least onerous tothe 3rd person

d) payment of indemnity

RIGHT OF WAY The right granted to the owner of an

estate which is surrounded by otherestates belonging to other personsand without an adequate outlet to apublic highway to demand that he beallowed a passageway throughout

such neighboring estates afterpayment of proper indemnity

Requisites:1. Claimant must be an owner of

enclosed immovable or one withreal right

2. There must be no adequateoutlet to a public highway

3. Right of way must be absolutelynecessary

4. Isolation must not be due to theclaimants own act

5. Easement must be established at


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the point least prejudicial to theservient estate

6. Payment of proper indemnity it is the needs of the dominant

property which ultimately determinethe width of the passage, and theseneeds may vary from time to time(Encarnacion vs. CA, 195 SCRA 72).

Special cause of extinction: theopening of a public road, or joiningthe dominant tenement to anotherwith exit on a public road.NOTE: the extinction in NOTautomatic. There must be a demandfor extinction coupled with tender ofindemnity by the servient owner.

PARTY WALL a common wall which separates 2

estates built by common agreementat the dividing line such that itoccupies a portion of both estates onequal parts.

Party Wall Co-ownership1. Shares of partiescannot bephysicallysegregated but theycan be physically

identified

Shares of the co-owners can bedivided andseparatedphysically but

before suchdivision, a co-ownercannot point to anydefinite portion ofthe property asbelonging to him

2. No limitation asto use of the partywall for exclusivebenefit of a party

None of the co-owners may use thecommunityproperty for hisexclusive benefit

3. Owner may freehimself fromcontributing to thecost of repairs andconstruction of aparty wall byrenouncing all hisrights thereto

Partial renunciationis allowed

Presumptions of existence (juristantum):1. in adjoining walls of buildings,

up to common elevation2. in dividing walls of gardens and

yards (urban)3. in dividing fences, walls and live

hedges of rural tenements

4. in ditches or drains betweentenements

Rebuttal of presumption:

1. title2. by contrary proof:3. by signs contrary to the

existence of the servitude (Arts.660 & 661)NOTE: if the signs arecontradictory, they cancel eachother

Rights of part owners:1. to make use of the wall in

proportion to their respectiveinterests, resting buildings on it

or inserting beams up to one-halfof the walls thickness

2. to increase the height of thewalla. at his expenseb. upon payment of proper

indemnityc. to acquire half interest in

any increase of thickness orheight, paying aproportionate share in thecost of the work and of theland covered by the increase

Obligations of each part-owners:1. to contribute proportionately to

the repair and maintenanceunless he renounces his part-ownership

2. if one part owner raises theheight of the wall, he must:a. bear the cost of

maintenance of the additionsb. bear the increased expenses

of preservationc. bear the cost of construction

d. give additional land, ifnecessary, to thicken thewall

LIGHT AND VIEW1. Easement of Light (jus luminum) -

right to admit light from theneighboring estate by virtue of theopening of a window or the makingof certain openings.

Requisites:a. opening must not be greater

than 30 centimeters squared,


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made on the ceiling or on thewall; and

b. there must be an iron grating2. Easement of view (jus prospectus)

the right to make openings orwindows, to enjoy the view throughthe estate of another and the powerto prevent all constructions or workwhich would obstruct such view ormake the same difficult. Itnecessarily includes easement oflight

Restrictions on openings in ones ownwall when contiguous (less than 2m) toanothers tenement:1. it cannot exceed 1 foot sq. (30 cm

each side)2. openings must be at the height of

the joists, near the ceiling (Chocovs. Santamaria, 21 Phil 132)

3. the abutting owner may:a. close the openings if the wall

becomes a party wallb. block the light by building or

erecting his own wall unlessa servitude is acquired bytitle or prescription

c. ask for the reduction of theopening to the proper size

Restrictions as to views1. Direct views: the distance of 2

METERS between the wall and theboundary must be observed

2. Oblique views: (walls perpendicularor at an angle to the boundary line)must not be less than 60cm from theboundary line to the nearest edge ofthe window

NOTE: Any stipulation permitting lesserdistances is void.

Modes of acquisition1. by title2. by prescription

a. positive counted from the timeof the opening of the window, ifit is through a party wall

b. negative counted from theformal prohibition on theservient owner.

NOTE: mere non-observance of distancesprescribed by Art. 670 without formalprohibition, does not give rise toprescription

VOLUNTARY EASEMENTS Constituted by the will of the parties

or of a testator. The owner possessing capacity to

encumber property may constitutevoluntary servitude. If there arevarious owners, ALL must consent;but consent once given is notrevocable

Voluntary easements are establishedin favor of:1. predial servitudes:

a. for the owner of thedominant estate

b. for any other person havingany juridical relation withthe 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 oranything 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 ofproperty; or

5. Obstructs or interferes with thefree passage to any publichighway or street, or body ofwater.

Classes:1. Per se nuisance at all times and

under all circumstancesregardless of location andsurrounding.

2. Per accidens nuisance by

reason of circumstances,location, or surroundings.

3. Public affects the communityor a considerable number ofpersons.

4. Private affects only a person ora small number of persons.

Doctrine of Attractive Nuisance: One who maintains on his premises

dangerous instrumentalities orappliances of a character likely toattract children in play and whofails


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to exercise ordinary care to preventchildren from playing therewith orresorting thereto is liable to a childof tender years who is injured

thereby, even if the child istechnically a trespasser in thepremises.

Remedies against public nuisance:(PCE)

1. Prosecution under the RPC orlocal ordinance

2. Civil Action3. Extrajudicial Abatement

Remedies against private nuisance:(CE)

1. Civil Action2. Extrajudicial Abatement

Extrajudicial Abatement Requisites:

1. nuisance must be speciallyinjurious to the person affected;

2. no breach of peace orunnecessary injury must becommitted;

3. prior demand;4. prior demand has been rejected;5. approval by district health

officer and assistance of localpolice; and

6. value of destruction does notexceed P3,000.

THEORY OF MODE AND TITLE

MODE is the specific cause whichgives rise to them, as the result ofthe presence of a special conditionof things, of the aptitude and intentof persons, and of compliance withthe conditions established by law.

This is the proximate cause of theacquisition.

TITLE is the juridical justification forthe acquisition or a transfer ofownership or other real right. This isthe remote cause of the acquisition.

DIFFERENT MODES (and TITLES) ofACQUIRING OWNERSHIP

Modes of

acquiringownership

Titles of

acquiringownership

A. Original Modes1. Occupation 1. Condition of

being withoutknown owner

2. Work whichincludesIntellectualcreation

2. Creation,discovery orinvention

B. Derivative modes

3. Law 3. Existence ofrequiredconditions

4. Tradition 4. Contract of theparties

5. Donation 5. Contract of theparties

6. Prescription 6. Possession inthe concept ofowner

7. Succession 7. Death

OCCUPATION a mode of acquiring ownership by

the seizure of things corporeal whichhave no owner, with the intention of

acquiring them, and according therules laid down by law.

Requisites:1. there must be seizure of a thing2. the thing seized must be

corporeal personal property3. the thing must be susceptible of

appropriation by nature4. the thing must be without an

owner5. there must be an intention to

appropriate

Specific instances:1. hunting and fishing2. finding of movables which do not

have an owner3. finding of abandoned movables4. finding of hidden treasure


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5. catching of swarm of bees thathas escaped from its owner,under certain conditions

6. catching of domesticated

animals that have escaped fromtheir owners, under certainconditions

7. catching of pigeons withoutfraud or artifice

8. transfer of fish to anotherbreeding place without fraud orartifice

TRADITION/DELIVERY a mode of acquiring ownership as a

consequence of certain contracts, byvirtue of which, the object is placed

in the control and possession of thetransferee, actually orconstructively.

Kinds:1. Real Tradition - actual delivery2. Constructive Tradition

a. traditio symbolica parties make use of a tokenor symbol to represent thething delivered

b. traditio longa manu bymere consent of the parties

if the thing sold cannot betransferred to the possessionof the vendee at the time ofthe sale

c. traditio brevi manu when the vendee already haspossession of the thing soldby virtue of another title

d. traditio constitutumpossessorium when thevendor continues inpossession of the thing soldnot as owner but in some

other capacity3. Quasi-tradition exercise of the

right of the grantee with theconsent of the grantor

4. Tradicion por ministerio de la ley delivery by operation of law

6. Tradition by public instrument Requisites:

1. right transmitted should havepreviously existed in thepatrimony of the grantor

2. transmission should be by justtitle

3. grantor and grantee should haveintention and capacity to

transmit and acquire4. transmission should bemanifested by some act whichshould be physical, symbolical orlegal

DONATION an act of liberality whereby a person

disposes gratuitously of a thing orright in favor of another who acceptsit

Requisites: CIDA

1. donor must have capacity tomake the donation

2. he must have donative intent(animus donandi)

3. there must be delivery4. donee must accept or consent to

the donation

Essential features/elements of atrue donation:a) Alienation of property by the

donor during his lifetime, whichis accepted

b) Irrevocability by the donorc) Intention to benefit the donee

(animus donandi)d) Consequent impoverishment of

the donor (diminution of hisassets)

Classification:1. As to effectivity:

a. inter vivosb. mortis causac. propter nuptias

2. As to perfection/extinguishment:

a. pureb. with a conditionc. with a term

3. As to consideration:a. simple - gratuitousb. remuneratory or compensatory

made on account of doneesmerits

c. modal imposes upon the doneea burden which is less than thevalue of the thing donated


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Donation InterVivos

Donation MortisCausa

1. Takes effectindependently of

the donors death

Takes effect uponthe death of the

donor

2. Title conveyedto the doneebefore the donorsdeath

Title conveyed upondonors death

3. Valid if donorsurvives donee

Void if donor survivesdonee

4. Generally irrevo-cable duringdonors lifetime

Always revocable

5. Must complywith theformalities

required by Arts.748 and 749 of theCode

Must comply with theformalities requiredby law for the

executionOf wills

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 inconsideration thereof;

3. Made to a public officer or his/herspouse, descendants or ascendants inconsideration of his/her office;

4. Made to the priest who heard theconfession of the donor during thelatters last illness, or the ministerof the gospel who extended spiritualaid to him during the same period;

5. Made to relatives of such priest, etc.within the 4th degree, or to thechurch to which such priest belongs;

6. Made by a ward to the guardianbefore the approval of accounts;

7. Made to an attesting witness to theexecution of donation, if there isany, or to the spouse, parents, orchildren, or anyone claiming underthem.

8. Made to a physician, surgeon, nurse,health officer or druggist who tookcare of the donor during his/her lastillness;

9. Made by individuals, associations orcorporations not permitted by law tomake donations; and

10.Made by spouses to each otherduring the marriage or to persons ofwhom the other spouse is a

presumptive heir.

Forms of donations:1. Donations of movable property:

a. With simultaneous delivery ofproperty donated:

i.it may be oral/written P5,000or less;ii.if value exceeds P5,000 written

in public or private documentb. Without simultaneous delivery: the donation and acceptance

must be written in a publicor private instrument,regardless of value

2. Donation of immovable property:a. must be in a public instrument

specifying the property donated

and the burdens assumed bydonee, regardless of value

b. acceptance must be either:i. in the same instrument; orii. in another public instrument,

notified to the donor inauthentic form, and noted inboth deeds

NOTE: Expression of gratitude to thedonor without express acceptance washeld a sufficient acceptance (Cuevas vsCuevas)

LIMITATIONS ON DONATION OFPROPERTY

1. Future property cannot bedonated.

2. Present property that can bedonated:

a) if the donor has forced heirs: hecannot give or receive bydonation more than he can giveof receive by will

b) if the donor has no forced heirs:donation may include all present

property provided he reserves infull ownership or in usufruct:1) the amount necessary to

support him, and2) those relatives entitled to

support from him3) property sufficient to pay

the donors debt contractedprior to the donation.

3. Donation should not prejudicecreditors

4. Donee must reserve sufficientmeans for his support and for his


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relatives which are entitled tobe supported by him.

EFFECTS OF DONATION

1. donee may demand the delivery ofthe thing donated2. donee is subrogated to the rights of

the donor in the property3. in donations propter nuptias, the

donor must release the propertyfrom encumbrances, exceptservitudes

4. donors warranty exists ifa. expressedb. donation is propter nuptiasc. donation is onerousd. donor is in bad faith

5. when the donation is made toseveral donees jointly, they areentitled to equal portions, withoutaccretion, unless the contrary isstipulated

Payment of the donors debt by thedonee1. If there is express stipulation: the

donee is to pay only debtscontracted before the donation, ifnot otherwise specified; but thedonee answers only up to the value

of the property donated, if nostipulation is made to the contrary

2. If there is no stipulation: the doneeis answerable for the debts of thedonor only in case of fraud againstcreditors.

ACTS OF INGRATITUDE1. If the donee should commit some

offense against the person, honor orproperty of the donor, or of his wifeor children under his parentalauthority

2. If the donee imputes to the donorany criminal offense, or any actinvolving moral turpitude, eventhough he should prove it, unless thecrime or act has been committedagainst the donee himself, his wifeor children under his authority

3. Refusal to support the donor

PRESCRIPTION Kinds:1. Acquisitive prescription - one

acquires ownership and other real

rights through the lapse of time inthe manner and under the conditionslaid down by law.a. Ordinary acquisitive

prescription: requires possessionof things in good faith and withjust title for the time fixed bylaw

b. Extraordinary acquisitiveprescription: acquisition ofownership and other real rightswithout need of title or of goodfaith or any other condition

Requisites:1) capacity to acquire by

prescription2) a thing capable of acquisition by

prescription3) possession of thing under certain

conditions4) lapse of time provided by law

2. Extinctive Prescription rights andactions are lost through the lapse oftime in the manner and under theconditions laid down by law.

Acquisitiveprescription

Extinctiveprescription

1. relationship

between theoccupant and theland in terms ofpossession is capableof producing legalconsequences; it isthe possessor who isthe actor

1. one does not look

to the act of thepossessor but to theneglect of theowner

2. requires possessionby a claimant who isnot the owner

2. requires inactionof the owner orneglect of one witha right to bring hisaction

3. applicable to

ownership and otherreal rights

3. applies to all

kinds of rights,whether real orpersonal

4. vests ownership orother real rights inthe occupant

4. produces theextinction of rightsor bars a right ofaction

5. results in theacquisition ofownership or otherreal rights in a personas well as the loss ofsaid ownership or realrights in another

5. results in the lossof a real or personalright, or bars thecause of action toenforce said right


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6. can be provenunder the generalissue without itsbeing affirmativelypleaded

6. should beaffirmativelypleaded and provedto bar the action orclaim of the adverse

party

Period of PrescriptionMovables Immovables

1. Good Faith

4 years 10 years

2. 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 ofhis grantor or predecessor

2. It is presumed that the presentpossessor who was also the possessorat a previous time, has continued tobe in possession during theintervening time, unless there isproof to the contrary

3. The first day shall be excluded andthe last day included

Persons Against Whom Prescription

runs:1. Minors and other incapacitatedpersons who have parents, guardiansor other legal representatives

2. Absentees who have administrators3. Persons living abroad who have

managers or administrators4. Juridical persons, except the state

and its subdivision

Persons against whom prescriptiondoes NOT run:1. Between husband and wife, even

though there be separation ofproperty agreed upon in themarriage settlements or by judicialdecree.

2. Between parents and children,during the minority or insanity of thelatter

3. Between guardian and ward duringthe continuance of the guardianship

Prescriptiveperiod

Actions Prescriptive period Actions

a) Imprescriptible to declare aninexistent or voidcontract to quiet title to demand aright of way to bring anaction forabatement ofpublic nuisance to demandpartition in co-ownership

to enforce atrust probate of awill to recoverpossession of aregistered landunder the LandRegistration Actby the registeredowner

g) 4 YEARS action to revokedonations due tonon-compliance ofconditions action torescind partition ofdeceaseds estateon account oflesion action to claimrescission ofcontracts annulment of

contracts for viceof consent actions upon aquasi-delict action to revokeor reducedonations based onbirth, appearanceor adoption of achild actions upon aninjury to the rightsof the plaintiff(not arising from

contract)


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b) 30 YEARS real actionsover immovables(but notforeclosure)

without prejudiceto the acquisitionof ownership orreal rights byacquisitiveprescription

h) 3 YEARS actions underthe eight hourlabor law actions to

recover losses ingamblingmoney claims asa consequence ofemployer-employeerelationship action toimpugn legitimacyof a child if thehusband or hisheirs reside abroad

c) 10 YEARS actions upon a

written contract actions uponan obligationcreated by law actions upon ajudgment fromthe timejudgmentbecomes final actions amongco-heirs toenforce warrantyagainst eviction inpartition

Mortgageaction

i) 2 YEARS action to

impugn legitimacyof a child if thehusband or hisheirs are notresiding in the cityor municipality ofbirth

d) 8 YEARS action torecover movableswithout prejudiceto acquisition oftitle for a shorter

period or to thepossessors titleunder Arts. 559,1505 and 1133

j) 1 YEAR action toimpugn legitimacyof a child if thehusband or hisheirs are residingin the city ormunicipality ofbirth forcible entryand unlawfuldetainer

Defamation Revocation ofdonation on theground ofingratitude Rescission or fordamages ifimmovable is soldwith an apparentburdens orservitude


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2005CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONSM i l Ab t (O ll Ch i ) R ld J l (O ll Vi Ch i ) Y l d T l ti (VC A d ) J if

action forwarranty ofsolvency inassignment of

credits actions for lossor damage togoods under t

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