PROPERTY REVIEWER 2011

TITLE IV SOME SPECIAL PROPERTIES Chapter 1 WATERS

Not subject to Appropriation Waters of the public dominion are for public use. No private person

CIVIL CODE OF THE PHILIPPINES, BOOKS: PROPERTY BY RABUYA,TOLENTINO AND PARAS and UP and San Beda CIVIL LAW REVIEWER

September 28, 2011

PROPERTY REVIEWER 2011

TITLE I OCCUPATION ART 713 Concept of Occupation: Is a mode of acquiring ownership by the apprehension of a corporeal thing which has no owner By a person having capacity appropriate According to the rules established by law It is the taking of possession which by itself confers ownership. It is the acquisition of ownership by ones own unilateral act through the material apprehension of a thing. Limited to things without an owner, and cannot be asserted as a mode of acquiring ownership of things owned by someone else When the thing, however, has already been abandoned by its owner, it becomes res nullius and may be acquired by occupation. A thing is considered abandoned when the spes recuperandi is gone and the animo revertendi has been given up by the owner. DISTINGUISHED FROM POSSESSION
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for the purpose, with intent to

o Occupation can take place only with respect to property without an owner o Possession can refer to all kinds of property, whether with or without an owner. o Occupation in itself, when proper, confers ownership o Possession does not by itself give rise to ownership.
CIVIL CODE OF THE PHILIPPINES, BOOKS: PROPERTY BY RABUYA,TOLENTINO AND PARAS and UP and San Beda CIVIL LAW REVIEWER

PROPERTY REVIEWER 2011

REQUISITES OF OCCUPATION 1. The subject must have the intention to acquire ownership, and therefore he must have the necessary capacity to consent. 2. The object must be appropriable by nature and without an owner 3. There must be an act of taking possession of the thing, which does not necessarily mean material holding, it being sufficient that the thing is considered subjected to the disposition of the possessor. ANIMALS AS RES NULLIUS Wild animals which have never been captured When they regain their liberty, except when the owner pursues them without delay. The pursuit is not considered abandoned by the temporary cessation of the owner in his search for the whereabouts of the animals. Need not be physical; it may be through public advertisements of the loss. Domesticated animals are converted into res nullius if they lose the habit of returning to the premises assigned to them by the owner. However, the owner may recover them within 20 days from their occupation by another person. Tame animals become res nullius only by abandonment of the owner.
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HIDDEN TREASURE Can be acquired by occupation under (art 713) Presupposes that the treasure is w/o an owner Ownership of hidden treasure is determined by law, when it is found in property owned by the state, its subdivisions, or private persons.(art 438)
CIVIL CODE OF THE PHILIPPINES, BOOKS: PROPERTY BY RABUYA,TOLENTINO AND PARAS and UP and San Beda CIVIL LAW REVIEWER