Ateneo notes (2001)

Title I PROPERTY
Classification (according to mobilit )! 1. Immovable real property 2. Movable personal property Re"#isites! 1. Utility 2. Individuality/Substantivity 3. Susceptibility of appropriation Real Rig$ts 1. no passive subject claim against !ole orld 2. object is corporeal t!ing "obligation# 3. creates juridical relations t!roug! mode $ title %. e&tinguis!ed t!roug! loss or destruction of t!ing e.g. 'egistration Real rights arises from (OPLUMEPARP) 1. ( ners!ip )# *asement 2. +ossession ,# +ledge 3. -ease .# /ntic!resis %. Usufruct 0# 'edemption 1. Mortgage 12# +reemption Personal Rig$ts 1. +assive and active subject 2. (bject is an intangible t!ing "specific t!ing# 3. 3reates juridical relations t!roug! title %. 4ot e&tinguis!ed t!roug! loss or destruction of t!ing *.g. /ction to recover sum of money or debt

Immo%able &ro&ert 1. By nature cannot be moved from place to place because of t!eir nature a# land5 buildings $ all 6inds of constructions ad!ered to soil b# mine5 7uarries 2. By incorporation essentially movables but attac!ed to an immovable t!at it becomes an integral part of it a# trees5 plants $ gro ing fruits ad!ered to soil b# everyt!ing attac!ed to an immovable t!at it ill brea6 if separated c# statues5 paintings if intended by o ner to be integral part of immovable d# animal !ouses if intended by o ner to become permanently attac!ed to immovable 3. By destination movables but purpose is to parta6e of an integral part of an immovable a# mac!inery placed by o ner of t!e tenement $ tend directly to meet t!e needs of suc! or6s/industry b# fertili8ers !en applied to soil c# doc6s $ floating structures %. By analogy/ y la! contracts for public immovable property or6s5 servitude $ ot!er real rig!ts over

'o%able &ro&ert 1. susceptible of appropriation t!at are not included in enumeration in immovable 2. immovable t!at are designated as movable by special provision of la 3. forces of nature broug!t under control by science %. t!ings /c can be transported /o impairment of real property !ere t!ey are fi&ed 1. obligations !ic! involve demandable sums "credits# ). s!ares of stoc6s of agricultural5 commercial $ industrial entities alt!oug! t!ey may !ave real estate

Classification of 'o%ables 1. consumable cannot be utili8ed /o being consumed 2. non9consumable

Classification of Pro&ert (according to o(ners$i&)! "# Pu lic dominion $

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a# intended for public use b# intended for public service of state5 provinces5 cities $ municipalities C$aracteristics! a# outside t!e commerce of men cannot be alienated or leased b# cannot be ac7uired by private individual t!roug! prescription c# not subject to attac!ment $ e&ecution d# cannot be burdened by voluntary easement 2) Pri%ate O(ners$i& a# patrimonial property of state5 provinces5 cities5 municipalities 1. e&ist for attaining economic ends of state 2. property of public dominion declared patrimonial !en no longer intended for public use/service

b# property belonging to private persons individually or collectively Title II O*+ER,-IP C$a&ter 1! O*+ER,-IP I+ .E+ERA/ 0efinitions of O(ners$i&

Independent and general rig!t of a person to control a t!ing particularly in !is possession5 enjoyment5 disposition5 and recovery5 subject to no restrictions e&cept t!ose imposed by t!e state or private persons5 it!out prejudice to t!e provisions of t!e la . +o er of a person over a t!ing for purposes recogni8ed by la establis!ed by la Attrib#tes! $ it!in t!e limits

1. Jus possidendi rig!t to possess 2. Jus utendi rig!t to enjoy 3. Jus fruendi rig!t to fruits

%. Jus abutendi rig!t to use and abuse 1. Jus disponendi rig!t to dispose ). Jus vindicandi rig!t to e&clude ot!ers from possession of t!e t!ing Actions for &ossession! 1. mo%a le replevin "return of a movable# 2. immo%a le a# forcible entry used by person deprived of possession t!roug! violence5 intimidation "p!ysical possession5 1 year unla ful deprivation# b# unlawful detainer used by lessor/person !aving legal rig!t over property !en lessee/person it!!olding property refuses to surrender possession of property after e&piration of lease/rig!t to !old property "p!ysical possession5 1 year from unla ful deprivation# c# accion publiciana plenary action to recover possession d# accion reinvindicatoria recovery of dominion of property as o ner ,. Principle of self help self defense Elements& a# +erson e&ercising rig!ts is o ner or la ful possessor b# :!ere is actual or t!reatened unla ful p!ysical invasion of !is property c# Use force as may be reasonably necessary to repel or prevent it /vailable only judicial process !en possession !as not yet been lost5 if already lost resort to

May be e&ercised by 3rd person negotiorum gestio 8. Right to enclose or fence w/o detriment to servitude constituted 0. Right to surface & everything under it only as far as necessary for !is practical interest "benefit or enjoyment# "'# Right to hidden treasure found in o!n property a# !idden and un6no n movables /c consist of money or precious objects b# o ner is un6no n

c# by c!ance if property o ner is state ; belongs to finder< also if in anot!er=s property< t!e finder must not be trespasser /imitation on O(ners$i& 1. general limitations for t!e benefit of t!e state "eminent domain5 police po er5 ta&ation# 2. specific limitations imposed by la "servitude5 easements# 3. specific limitations imposed by party transmitting o ners!ip " ill5 contract# %. limitations imposed by o ner !imself "voluntary servitude5 mortgages5 pledges# 1. in!erent limitations arising from conflicts property# ). o ner cannot ma6e use of a t!ing "neig!bors# it! ot!er similar rig!ts "contiguity of

!ic! s!all injure/prejudice rig!ts of 3 rd persons

,. acts in state of necessity la permits injury or destruction of t!ings o ned by anot!er provided t!is is necessary to avert a greater danger " it! rig!t to indemnity vs. principle of unjust enric!ment# .. true owner must resort to judicial process !en t!ing is in possession of anot!er< la creates a disputable presumption of o ners!ip to t!ose in actual possession a# identify property b# s!o t!at !e !as better title C$a&ter 2! RI.-T O1 ACCE,,IO+ Accession o ner of t!ing becomes o ner of everyt!ing it may produce or t!ose may be incorporated or united t!ereto 1. principle of justice 2. accessory follo s t!e principal Accession continua accession to products of t!e t!ing Rig$ts of o(ners> natural5 industrial $ civil fruits exception possession in good fait! by anot!er5 usufruct5 lease5 antic!resis !ic!

Obligation of o(ners! a) Immo%ables accretion 1. Allu%ium 9 o ner of lands adjoining ban6s of river belongs t!e accretion gradually received from effects of t!e ater?s current Re"#isites! a. deposit is gradual $ imperceptible b. made t!roug! effects of current of ater c. land !ere accretion ta6es place is adjacent to ban6s of river Rig$ts of ri&arian o(ner Right to accretion ipso facto no need to ma6e an e&press act of possession 2. A%#lsion transfer of a 6no n portion of land from one tenement to anot!er by force of current of aters Rig$ts of ri&arian o(ner a# 'ig!t to portion of land transferred if not claimed by o ner "prescription# it!in 2 years

b# 'ig!t to trees uprooted if not claimed by o ner /in ) mont!s< subject to reimbursement for necessary e&penses for gat!ering t!em $ putting t!em in safe place 3. C$ange of ri%er bed Right of o!ner of land occupied y ne! ri%er course 1. 'ig!t to old bed ipso facto in proportion to area lost 2. !wner of adjoining land to old bed shall have right to ac"uire the same by paying its value value not to e&ceed t!e value of area occupied by ne bed #. $ormation of island in non%navigable river a# o ner of margin nearest to islands formed if nearest to it b# o ner of bot! margins if island is in t!e middle "divided into !alves longitudinally# %. building5 planting $ so ing

.eneral R#le !atever is built5 planted or so n belongs to o ner of land<

presumption is owner made them at his expense E2ce&tion! contrary is proven Right of o!ner of material 1. 'ig!t to be indemnified or paid of value of property by o ner of land 2. 'ig!t to remove materials if !e can do so /o injury to or6 constructed if o ner !as not paid 3. 'ig!t to damages and demolition even if it! injury to or6 if o ner of land is in bad fait! Rig$t of o(ner ($en anot$er b#ilds3 &lants or so(s in $is land! O*+ER 4 56I/0ER 5OT- I+ .OO0 1AIT1. /ppropriate as !is o n after paying for indemnity 2. (blige t!e planter5 builder to pay for price of land or rent5 e&cept lands is greater t!an t!ing built convert to rent !en value of

Right of Builder in good faith efore payment of indemnity of o!ner in good faith 1. 'ig!t to retain land $ building 2. 'ig!t not to be compelled to pay for rent 3. 'ig!t of retention ceases !en obliged to pay for value of and if !e fails to do so Rig$t of o(ner in good fait$ ($en b#ilder is in bad fait$ 1. 'ig!t to appropriate !at !as been built /o paying indemnity 2. (rder demolition of building 3. 3ompel t!e builder to pay for price of land or rent %. 'ig!t to damages

 Rig$t of b#ilder in bad fait$ ($en o(ner is in good fait$ 'ig!t to be reimbursed for necessary e&penses for preservation of land Rig$t of 5#ilder in good fait$ ($en o(ner is in bad fait$ 1. 'ig!t to indemnity for value of building 2. 'ig!t to damages 3. 'ig!t to demolis! /o payment of indemnity 5ad fait$ on bot$ b#ilder 4 o(ner in pari delicto "no cause of action vs. eac! ot!er# Rig$t of 7rd &erson ($o o(ns materials 1. 'ig!t to be indemnified for value of materials irrespective of good fait! or bad fait! of builder or o ner< if builder !as no property5 o ner is subsidiarily liable 2. @!en builder is in bad fait! $ o ner in good fait! $ o ner compel builder to remove improvements5 o ner is not subsidiarily liable 3. @!en 3rd person is paid by builder5 builder may demand from lando ner t!e value of labor $ materials b) 'o%ables 1. Con8#nction 9 ad8#nction 2 movable t!ings united to form a single object (est to determine !/c one is the principal& a. t!at to /c t!e ot!er intended to be united as ornament or for its use of perfection b. value c. volume Rig$ts! 1. &f both are in good faith o ner of principal ac7uired t!e accessory indemnification it! !ic! belong to different o ners are

2. &f both are in good faith may separate t!em if no injury ill be caused< if value of accessory is greater than principal5 o ner of accessory may demand separation even if damages ill be caused to t!e principal "e&penses to be borne by one !o caused t!e conjunction# 3. &f owner of accessory is in bad faith o ner of accessory principal it! damages to

%. &f owner of principal is in bad faith o ner of accessory s!all !ave option of principal paying value of accessory or removal of accessory despite destruction of principal 1. !wner of accessory or principal has right to indemnity when thing adjuncts w/o his consent may demand t!at a t!ing e7ual is 6ind5 value and price 2. ,&ecification (ne employs t!e materials of anot!er in ma6e a t!ing of a different 6ind< transformation Rig$ts! 1. &f person who made the transformation is in good faith % !e s!all appropriate t!e t!ing transformed as !is o n it! indemnity to o ner of material for its value 2. &f material is more precious than transformed thing o ner of material may appropriate t!e ne t!ing to !imself after indemnity paid to labor or demand indemnity for materials 3. &f person who made the transformation is in bad faith' o ner of material s!all appropriate t!e or6 to !imself /o paying ma6er or demand indemnity for value of materials $ damages %. &f transformed thing is more valuable than material' o ner of material cannot appropriate 3. Commi2tion 9 conf#sion 2 t!ings of t!e same or different 6inds are mi&ed $ are not separable /o injury Rig$ts! 1. )f oth o!ners are in good faith *ac! o ner s!all ac7uire a rig!t proportional to t!e part belonging to !im "vis9a9vis t!e value of t!e t!ings mi&ed or confused# !ole or in part on order to

2. )f one o!ner is in ad faith !e s!all lose t!e t!ing belonging to !im plus indemnity for damages caused to o ner of ot!er t!ing mi&ed it! !is t!ing 3. )f oth in ad faith no cause of action against eac! ot!er C$a&ter 7! :6IETI+. O1 TIT/E Reasons! 1. prevent litigation 2. protect true title $ possession 3. real interest of bot! parties !ic! re7uires t!at precise state of title be 6no n Action to "#iet title put end to ve&atious litigation in respect to property involved< plaintiff asserts !is o n estate $ generally declares t!at defendant=s claim is /o foundation !hen proper& 1. contract !as been e&tinguis!ed or terminated 2. contract !as prescribed 3. remove cloud Action to remo%e clo#d intended to procure cancellation5 delivery5 release of an instrument5 encumbrance5 or claim constituting a on plaintiff=s title !ic! may be used to injure or ve& !im in t!e enjoyment of !is title *loud $ any instrument !ic! is inoperative but !as semblance of title Re"#isites! 1. +laintiff must !ave legal or e7uitable interest 2. 4eed not be in possession of property 3. 'eturn to defendant all benefits received !e !o ants justice must do justice C$a&ter ;! R6I+O6, 56I/0I+., A+0 TREE, I+ 0A+.ER O1 1A//I+. /iabilit for damages! 1. collapse engineer5 arc!itect or contractor 2. collapse resulting from total or partial damage< no repair made o ner< state may compel !im to demolis! or ma6e necessary or6 to prevent if from falling 3. if no action done by government at e&pense of o ner

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Title III! CO<O*+ER,-IP Co<o(ners$i& a# plurality of subjects many o ners b# unity of material "indivision# of object of o ners!ip c# recognition of ideal s!ares Ca#ses9,o#rces! 1. la 2. contracts 3. succession %. fortuitous event/c!ance commi&tion 1. occupancy 2 persons catc! a ild animal 0isting#is$ed from &artners$i& a# partnership created only by agreement< co%ownership !as many sources b# purpose of partnership is to obtain profit< co%ownership is collective enjoyment of a t!ing c# in partnership t!ere is juridical personality distinct from individuals5 none in co% ownership d# partnership can be created for more t!an 12 years5 not in co%ownership e# partners cannot transfer rig!ts /o consent of ot!er co9partners5 not co%ownership f# partnership e&tinguis!ed !en partner dies5 not in co%ownership g# distribution of profits in partnerships may be stipulated 5 t!is is not fle&ible in co9 o ners!ip but depends on ideal s!are/interest Rig$ts of co<o(ners 1. 'ig!t to benefits proportional to respective interest< stipulation to contrary is void 2. 'ig!t to use t!ing co9o ned a. for purpose for !ic! it is intended b. it!out prejudice to interest of o ners!ip c. it!out preventing ot!er co9o ners from ma6ing use t!ereof 3. 'ig!t to c!ange purpose of co9o ners!ip by agreement %. 'ig!t to bring action in ejectment in be!alf of ot!er co9o ner 1. 'ig!t to compel co9o ners to contribute to necessary e&penses for preservation of t!ing and ta&es ). 'ig!t to e&empt !imself from obligation of paying necessary e&penses and ta&es by renouncing !is s!are in t!e pro9indiviso interest< but can=t be made if prejudicial to co9 o ners!ip

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,. 'ig!t to ma6e repairs for preservation of t!ings can be made at ill of one co9o ner< receive reimbursement t!erefrom< notice of necessity of suc! repairs must be given to co9 o ners5 if practicable .. 'ig!t to full o ners!ip of !is part and fruits 0. 'ig!t to alienate5 assign or mortgage o n part< e&cept personal rig!ts li6e rig!t to use and !abitation 12. 'ig!t to as6 for partition anytime 11. 'ig!t of pre9emption 12. 'ig!t of redemption 13. 'ig!t to be adjudicated t!ing "subject to rig!t of ot!ers to be indemnified# 1%. 'ig!t to s!are in proceeds of sale of t!ing if t!ing is indivisible and t!ey cannot agree t!at it be allotted to one of t!em 0#ties9/iabilities 1. 2. 3. %. S!are in c!arges proportional to respective interest< stipulation to contrary is void +ay necessary e&penses and ta&es may be e&ercised by only one co9o ner +ay useful and lu&urious e&penses if determined by majority Auty to obtain consent of all if t!ing is to be altered even if beneficial< resort to court if non9consent is manifestly prejudicial 1. Auty to obtain consent of majority it! regards to administration and better enjoyment of t!e t!ing< controlling interest< court intervention if prejudicial appointment of administrator ). 4o prescription to run in favor co9o ner as long as !e recogni8es t!e co9o ners!ip< re+uisites for ac+uisition through prescription a. !e !as repudiated t!roug! une7uivocal acts b. suc! act of repudiation is made 6no n to ot!er co9o ners c. evidence must be clear and convincing ,. 3o9o ners cannot as6 for p!ysical division if it ould render t!ing unserviceable< but can terminate co9o ners!ip .. /fter partition5 duty to render mutual accounting of benefits and reimbursements for e&penses 0. *very co9o ner liable for defects of title and 7uality of portion assigned to eac! of t!e co9o ner Rig$ts of 7rd &arties 1. creditors of assignees may ta6e part in division and object if being effected it!out t!eir concurrence5 but cannot impugn unless t!ere is fraud or made not it!standing t!eir formal opposition 2. non9intervenors retain rig!ts of mortgage and servitude and ot!er real rig!ts and personal rig!ts belonging to t!em before partition as made

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Title =! PO,,E,,IO+ Possession !olding of a t!ing or enjoyment of a rig!t 1. occupancy actual or constructive "corpus# 2. intent to possess "animus# -o( ac"#ired! a. material occ#&ation possession as a fact 1. p!ysical 2. constructive tradicion brevi manu "one !o possess a t!ing s!ort of title of o ner lease #< tradicion constitutum possesorium "o ner alienates t!ing but continues to possess depositary5 pledgee5 tenant# cannot be recogni8ed at t!e same time in 2 different personalities e&cept co9 possession +uestion arise regarding fact of possession 1. 2. 3. %. present possessor preferred ( possessors one longer in possession dates of possession the same one !o presents a title both have titles judicial resolution

b. s#b8ect to action of o#r (ill9 possession as a rig!t 1. tradicion simbolica delivering object or symbol of placing t!ing under control of transferee "6eys# 2. tradicion longa manu pointing out to transferee t!e t!ings !ic! are being transferred c. &ro&er acts and legal formalities establis$ed for ac"#iring rig$ts donation5 sale *$at can be s#b8ect of &ossession t!ings or rig!ts !ic! are susceptible of being appropriated 0egrees of &ossession! 1. !olding /o title and in violation of rig!t of o ner 2. possession it! juridical title but not t!at of o ner 3. possession it! just title but not from true o ner

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%. possession it! just title from true o ner Classes of o(ners$i&! 1. in conce&t of o(ner o ner !imself or adverse possessor Effects& a. b. c. d. may be converted into o ners!ip t!roug! ac7uisitive prescription bring actions necessary to protect possession as6 for inscription of possession demand fruits and damages from one unla fully detaining property

2. in conce&t of $older usufruct5 lessee5 bailee 3. in oneself personal ac7uisition a. !e must !ave capacity to ac7uire possession b. intent to possess c. possibility to ac7uire possession %. in name of anot$er agent< subject to aut!ority and ratification if not aut!ori8ed< negotiorum gestio a. representative !as intention to ac7uire for anot!er and not for !imself b. person from !om it is ac7uired !as intention of possessing it 1. in good fait$ not a are t!at t!ere e&ist fla in title or mode /c invalidates it< mista6e upon doubtful 7uestion of la < always presumed< it may be interrupted by e&traneous evidence or suit for recovery of property of true o ner ). in bad fait$ a are of defect Possession t$ro#g$ s#ccession 1. possession of !ereditary property is deemed transmitted /o interruption from moment of deat! " if accepted# and if not accepted " deemed never to !ave possessed t!e same # 2. one !o succeeds by !ereditary title s!all not tac6 t!e bad fait! of predecessors in interest e&cept !en !e is a are of fla s affecting title< but effects of possession in good fait! s!all not benefit !im e&cept from date of deat! of decedent. 'inors9 Inca&acitated

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may ac7uire material possession but not rig!t to possession< may only ac7uire t!em t!roug! guardian or legal representatives Ac"#isition 1. cannot be ac7uired t!roug! force or intimidation !en a possessor objects t!ereto resort to courts 2. the follo!ing do not affect acts of possession " not deemed abandonment of rig!ts #< possession not interrupted a. acts merely tolerated b. clandestine and un6no n acts c. acts of violence Rig$ts of &ossessor! 1. 'ig!t to be respected in !is possession< if disturbed protected by means establis!ed by la < spoliation 2. +ossession ac7uired and enjoyed in concept of o ner can serve as title for ac7uisitive prescription a. +ossession !as to be in concept of o ner5 public5 peaceful and uninterrupted b. :itle s!ort of o ners!ip 3. +erson in concept of o ner !as in !is favor t!e legal presumption of just title "prima facie# %. +ossession of real property presumes t!at movables are included 1. 3o9possessors deemed to !ave e&clusively possessed part !ic! may be allotted to !im< interruption in !ole or in part s!all be to t!e prejudice of all ). +ossessor in good fait! entitled to fruits received before possession is legally interrupted " natural and industrial gat!ered or severed< civil accrue daily # ,. +ossessor in good fait! entitled to part of net !arvest and part of e&penses of cultivation if t!ere are natural or industrial fruits " proportionate to time of possession #< o ner !as option to re7uire possessor to finis! cultivation and gat!ering of fruits and give net proceeds as indemnity for !is part of e&penses< if possessor in good fait! refuses barred from indemnification in ot!er manner .. +ossessor !as rig!t to be indemnified for necessary e&penses !et!er in good fait! or in bad fait!< +ossessor in good fait! !as rig!t of retention over t!ing unless necessary e&penses paid by o ner 0. +ossessor in good fait! !as rig!t to be reimbursed for useful e&penses it! rig!t of retention< o ner !as option of paying e&penses or paying t!e increase in value of property !ic! t!ing ac7uired by reason of useful e&penses 12. +ossessor in good fait! may remove improvements if can be done /o damage to principal t!ing9 unless o ner e&ercises option of paying< possessor in bad faith not entitled.

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11. +ossessor in good fait! and bad fait! may not be entitled to payment for lu&urious e&pense but may remove t!em provided principal is not injured provided o ner does not refund t!e amount e&pended 12. Improvements caused by nature or time to inure to t!e benefit of person !o !as succeeded in recovering possession 13. @ild animals possessed !ile in one=s control< domesticated possessed if t!ey retain !abit of returning bac6 !ome 1%. (ne !o recovers5 according to la 5 possession unjustly lost is deemed to !ave enjoyed it /o interruption /iabilities9d#ties of Possessor 1. 'eturn of fruits if in bad fait! fruits legitimate possessor could !ave received 2. Bear cost of litigation 3. +ossessor in good fait! not liable for loss or deterioration or loss e&cept !en fraud and negligence intervened %. +ossessor in bad fait! liable for loss or deterioration even if caused by fortuitous event 1. +erson !o recovers possession not obliged to pay for improvements !ic! !ave ceased to e&ist at time of occupation /oss of &ossession! 1. 2. 3. %. abandonment of t!e t!ing renunciation of rig!t< intent to lose t!e t!ing assignment made to anot!er by onerous or gratuitous title destruction or total loss of t!e t!ing or t!ing ent out of commerce possession of anot!er if ne possession lasted longer t!at 1 year " possession as a fact#< real rig!t of possession not lost e&cept after 12 years

+ot lost! 1. *ven for time being !e may not 6no t!eir !ereabouts5 possession of movable is not deemed lost 2. @!en agent encumbered property it!out e&press aut!ority e&cept !en ratified ,# Possession may still e reco%ered& a. b. c. d. e. f. Unla fully deprived or lost /c7uired at public sale in good fait! it! reimbursement +rovision of la enabling t!e apparent o ner to dispose as if !e is o ner Sale under order of t!e court +urc!ases made at merc!ant stores5 fairs or mar6ets 4egotiable document of title

Possession is e"#i%alent to title a. possession is in good fait! b. o ner !as voluntarily parted it! t!e possession of t!e t!ing 1. possessor is in concept of an o ner

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Title =I! 6,61R6CT 6s#fr#ct rig!t to enjoy anot!er=s property substance it! correlative duty of preserving its form and

a. t!ings movable/immovable b. rig!ts provided it is not strictly personal >inds! 1. legal 9 parents over c!ildren 2. voluntary contracts5 ills 3. mi&ed prescription %. total 1. partial ). simultaneous ,. successive .. pure 0. conditional 12. @it! a term Rig$ts of #s#fr#ct#ar ! 1. 'ig!t to civil5 natural $ industrial fruits of property 2. 'ig!t to !idden treasure as stranger 3. 'ig!t to transfer usufructuary rig!ts gratuitous or onerous< but is co9terminus it! term of usufruct< fruits proportionate at duration of usufruct< but can=t do acts of o ners!ip suc! as alienation or conveyance e&cept !en property is> a. consumable b. intended for sale c. appraised !en delivered< if not appraised $ consumable return same 7uality )mutuum* %. 'ig!t not e&empt from e&ecution and can be sold at public auction by o ner 1. 4a6ed o ner still !ave rig!ts but /o prejudice to usufructuary< may still e&ercise act of o ners!ip bring action to preserve ). 'ig!t to fruits gro ing at time usufruct begins< gro ing fruits at termination of usufruct belongs to o ner ,. 'ig!t to necessary e&penses from cultivation at end of usufruct .. 'ig!t to enjoy accessions $ servitudes in its favor $ all benefits in!erent t!erein 0. 'ig!t to ma6e use of dead trun6s of fruit bearing trees $ s!rubs or t!ose uprooted/cut by accident but obliged to plant ane 12. 'ig!t of usufructuary of oodland ordinary cutting as o ner does !abitually or custom of place< cannot cut do n trees unless it is for t!e restoration of improvement of t!ings in usufruct must notify o ner first

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11. 'ig!t to leave dead5 uprooted trees at t!e disposal of o ner it! rig!t to demand t!at o ner s!ould clear $ remove t!em if caused by calamity or e&traordinary event impossible to replace t!em 12. 'ig!t to oblige o ner to give aut!ority $ furnis! !im proofs if usufruct is e&tended to recover real property or real rig!t 13. 'ig!t to necessary e&penses 1%. 'ig!t to introduce useful $ lu&urious e&penses but it! no obligation of reimbursement on part of o ner< may remove improvement if can be done /o damage 11. 'ig!t to set9off improvements against damages !e made against t!e property 1). 'ig!t to administer !en property is co9o ned< if co9o ners!ip cease usufruct of part allotted to co9o ner belongs to usufructuary not affected 1,. 'ig!t to demand t!e increase in value of property if o ner did not spend for e&traordinary repairs !en urgent $ necessary for preservation of t!ing Rig$ts of na?ed o(ner 1. 2. 3. %. /lienate t!ing 3an=t alter form or substance 3an=t do anyt!ing prejudicial to usufructuary 3onstruct any or6s and ma6e any improvement provided it does not diminis! value or usufruct or prejudice rig!t of usufructuary

Obligations of #s#fr#ct#ar ! 1. +ay e&penses to 3rd persons for cultivation $ production at beginning of usufruct< !ose !o !ave rig!t to fruits s!ould reimburse e&penses incurred 2. Cenerally5 usufructuary !as no liability !en due to ear $ tear5 t!ing deteriorates5 obliged to return in t!at state< e&cept !en t!ere is fraud or negligence5 t!en !e s!all be liable #. +efore entering into usufructuary a# 4otice of inventory of property "appraisal of movables $ description# b# +osting of security 1. not applicable to parents !o are usufructuary of c!ildren e&cept !en 2 nd marriage contracted 2. e&cused allo ed by o ner5 not re7uired by la or no one ill be injured failure to give security owner may demand that a. b. c. d. e. immovables be placed under administration 4I can be converted into registered certificates or deposited in ban6 3apital $ proceeds of sale of movables be invested in safe securities Interest on proceeds or property under admin belong to usufructuary ( ner may retain property as administrator / obligation to deliver fruits to usufructuary until !e gives sufficient security

18

f. *ffect of security is retroactive to day !e is entitled to fruits %. :a6e care of property as a good fat!er of family 1. -iable for negligence $ fault of person !o substitute !im ). &f usufruct is constituted on animals duty bound to replace dead animals t!at die from natural causes or became prey< if all of t!em peris! /o fault but due to contagious disease / uncommon event deliver remains saved< if perish in part due to accident continue on remaining portion< if on sterile animals as if fungible replace same 6ind $ 7uality. ,. !bliged to ma,e ordinary repairs ear $ tear due to natural use of t!ing and are indispensable for preservation< o ner may ma6e t!em at e&pense of usufructuary during e&istence of usufruct .. !bliged to ma,e expenses due to his fault< cannot escape by renouncing usufruct 0. +ay legal interest from e&traordinary e&penses made by o ner 12. +ayment of e&penses5 c!arges $ ta&es affecting fruits 11. +ayment of interest on amount paid by o ner c!arges on capital 12. (bliged to notify o ner of act of 3 rd person prejudicial to rig!ts of o ners!ip !e is liable if !e does not do so for damages as if it as caused t!roug! !is o n fault 13. *&penses5 cost $ liabilities in suits broug!t it! regard to usufructuary borne by usufructuary Obligations of o(ner 1. e&traordinary e&penses< usufructuary obliged to inform o ner !en urgent and t!ere is t!e need to ma6e t!em 2. e&penses after renunciation of usufruct 3. ta&es $ e&penses imposed directly on capital %. if property is mortgaged5 usufructuary !as no obligation to pay mortgage< if attac!ed5 o ner to be liable for !atever is lost by usufructuary 1. if property is e&propriated for public use o ner obliged to eit!er replace it or pay legal interest to usufructuary of net proceeds of t!e same E2ting#is$ment of #s#fr#ct 1. 2. 3. %. 1. ). ,. deat! of usufructuary unless contrary intention appears e&piration of period of usufruct merger of usufruct $ o ners!ip renunciation of usufructuary e&press total loss of t!ing termination of rig!t of person constituting usufruct prescription use by 3rd person

loss in part remaining part s!all continue to be !eld in usufruct usufruct cannot be constituted in favor of a to n5 3orp or assoc. for more t!an 12 years

19

 usufruct constituted on immovable !ereby a building is erected 9 $ building is destroyed rig!t to ma6e use of land $ materials if o ner is!es to construct a ne building pay usufructuary t!e value of interest of land $ materials bot! s!are in insurance if bot! pays premium< if only o ner t!en proceeds ill go to o ner only effect if bad use of t!e t!ing o ner may demand t!e delivery of and administration of t!e t!ing it! responsibility to deliver net fruits to usufructuary at termination of usufruct> t!ing to be delivered to o ner it! rig!t of retention for ta&es $ e&traordinary e&penses /c s!ould be reimbursed security of mortgage s!all be cancelled 5OO> III) 0I11ERE+T 'O0E, O1 AC:6IRI+. O*+ER,-IP 0ifferent 'odes of ac"#iring o(ners$i&! (O/0TIP,) 1# (ccupation 2# -a 3# Aonation %# :radition 1# Intellectual +roperty )# +rescription ,# Succession 'O0E +ro&imate cause of o ners!ip " sales5 donation# TIT/E 'emote cause of o ners!ip< merely constituted t!e means OCC6PATIO+ 1. :!ere s!ould be a corporeal t!ing "tangible# !ic! must !ave a DcorpusE "body# $ t!at t!ing s!ould !ave no o ner 2. :!ere must be actual occupancy< t!ing must be subjected to one=s control/disposition 3. :!ere must be an intention to occupy %. /ccomplis!ed according to legal rules -hat are the things suscepti le to occupation. t!ings t!at are /o o ner res nullius< abandoned stolen property cannot be subject of occupation animals t!at are t!e object of !unting $ fis!ing ?inds of animals! a# wild considered res nullius !en not yet captured< !en captured
20

$ escaped become res nullius again b# domesticated animals originally ild but !ave been captured $ tamed< no belong to t!eir capturer< !as !abit of returning to premises of o ner< becomes res nullius if t!ey lose t!at !abit of returning $ regain t!eir original state of freedom c# domestic/tame animals born $ ordinarily raised under t!e care of people< become res nullius !en abandoned by o ner !idden treasure "only !en found on t!ings not belonging to anyone# abandoned movables Animals! a# -warm of bees 9 9 b.* o ner s!all !ave rig!t to pursue t!em to anot!er=s land "o ner to identify latter for damages5 if any# land o ner s!all occupy/retain t!e bees if after 2 days5 o ner did not pursue t!e bees

.omesticated animals 9 may be redeemed it!in 22 days from occupation of anot!er person< if no redemption made5 t!ey s!all pertain to t!e one !o caug!t t!em

c*

/igeons & fish 9 !en t!ey go to anot!er breeding place5 t!ey s!all be o ned by t!e ne provided t!ey are not enticed o ner

'o%ables! 1# (reasure found on another/s property 9 9 0) 9 9 9 consist of "1# money5 precious objects $ 2# !idden $ o ner is un6no n finding must be by c!ance in order t!at stranger may be entitled to ; of t!e treasure Mo%a le found !/c is not treasure must be returned to o ner if finder retains the thing found may be c!arged it! t!eft if owner is un,nown5 give to mayor< mayor s!all announce finding of t!e movable for 2 ee6s in ay !e deems best

21

9 9 9

&f owner does not appear 0 months after publication5 t!ing found s!all be a arded to finder if owner appears5 !e is obliged to pay 1/12 of value of property to finder as price if movable is perishable or cannot be ,ept w/o deterioration or w/o expenses it s!all be sold at public auction . days after t!e publication

-hat cannot e ac+uired y occupation ( ners!ip of a piece of land because !en a land is it!out an o ner5 it pertains to t!e state land t!at does not belong to anyone is presumed to be public land but when a property is private and it is abandoned can be object of occupation

PRE,CRIPTIO+ mode by !ic! one ac7uires o ners!ip and ot!er real rig!ts t!ru lapse of time< also a means by !ic! one loses o ners!ip5 rig!ts $ actions< retroactive from t!e moment period began to run

>inds! 1. /c7uisitive 2. *&tinctive -ho may ac+uire y prescription& a. person !o are capable of ac7uiring property by ot!er legal modes b. S:/:* c. minors t!roug! guardians of personally

Against !hom prescription run& 1. 2. 3. %. 1. ). ,. .. 0. minors $ incapacitated person !o !ave guardians absentees !o !ave administrators persons living abroad !o !ave administrators juridical persons e&cept t!e state it! regards to property not patrimonial in c!aracter bet een !usbands $ ife bet een parents $ c!ildren "during minority/insanity# bet een guardian $ ard "during guardians!ip# bet een co9!eirs/co9o ners bet een o ner of property $ person in possession of property in concept of !older

(hings su 1ect to prescription& all t!ings it!in t!e commerce of men a. private property

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b. patrimonial property of t!e state (hings not su 1ect to prescription& 1. 2. 3. %. public domain in transmissible rig!ts movables possessed t!roug! a crime registered land

Renunciation of prescription& persons it! capacity to alienate may renounce prescription already obtained but not t!e rig!t to prescribe in t!e future may be e&press or tacit prescription is deemed to !ave been tacitly renounced< renunciation results from t!e acts /c imply abandonment of rig!t ac7uired creditors $ persons interested in ma6ing prescription effective may avail t!emselves not it!standing e&press or tacit renunciation

PRE,CRIPTIO+ O1 O*+ER,-IP 4 OT-ER REA/ RI.-T, 2inds of Ac+uisiti%e prescription 1. ordinary 2. e&tra9ordinary Re+uisites for ordinary prescription& 1. possession in good fait! 2. just title 3. it!in time fi&ed by la % years for movables . years for immovables %. in concept of an o ner 1. public5 peaceful5 uninterrupted Re+uisites for e3tra4ordinary prescription& 1. 2. just title is proved it!in time fi&ed by la 12 years for movables

23

 32 years for immovables 3. in concept of an o ner %. public5 peaceful5 uninterrupted .OO0 1AIT 'easonable belief t!at person !o transferred t!ing is t!e o ner $ could validly transmit o ners!ip Must e&ist t!roug!out t!e entire period re7uired for prescription @6,T TIT/E (TR6E 4 =A/I0) must be proved $ never presumed a# b# 1itulo 2olorado 9 1itulo putativo 9

title must be one !ic! ould !ave been sufficient to transfer o ners!ip if grantor !ad been t!e o ner t!roug! one of t!e modes of transferring o ners!ip but t!ere is vice/defect in capacity of grantor to transmit o ners!ip I+ CO+CEPT O1 O*+ER possession not by mere tolerance of o ner but adverse to t!at of t!e o ner claim t!at !e o ns t!e property P65/IC3 PEACE16/ 4 6+I+TERR6PTE0 Must be 6no n to t!e o ner of t!e t!ing /c7uired $ maintained /o violence Uninterrupted "no act of deprivation by ot!ers# in t!e enjoyment of property I+TERR6PTIO+ a) 5atural 9 t!roug! any cause5 possession ceases for more t!an 1 year 9 if 3 year of less as if no interruption ) ci%il 9 produced by judicial summons< 9 except 1. void for lac6 of legal solemnities 2. plaintiff desist from complaint/allo proceedings to lapse 3. possessor is absolved from complaint ) e3press or tacit renunciation
24

c) possession in !artime R6/E, I+ CO'P6TATIO+ O1 PERIO0! a. +resent possessor may tac6 !is possession to t!at of !is grantor or predecessor in interest b. +resent possessor presumed to be in continuous possession even it! intervening time unless contrary is proved c. First day e&cluded5 last day included TAC>I+. PERIO0 t!ere must be privity bet een previous $ present possessor possible !en t!ere is succession of rig!ts if character of possession different predecessor in bad faith prescription PRE,CRIPTIO+ O1 ACTIO+, +y lapse of time fixed by law 70 ears 9 action over immovables from time possession is lost 9 9 9 9 10 ears mortgage action upon ritten contract upon obligation created by la upon a judgement possessor in good faith use e&traordinary

A ears 9 action to recover movables from time possession is lost B ears 9 upon an oral contract 9 upon a 7uasi9contract C ears 9 actions !ere periods are not fi&ed by la ; ears 9 upon injury to rig!ts of plaintiff 9 upon a 7uasi9delict

25

 1 ear 9 for forcible entry $ detainer 9 for defamation

Rig$ts not e2ting#is$ed b &rescri&tion! 1. 2. 3. %. 1. ). demand rig!t of ay abate public /private nuisance declare contract void recover property subject to e&pressed trust probate of a ill 7uiet title

0O+ATIO+ *haracteristics& a# b# Unilateral obligation imposed on t!e donor 3onsensual perfected at time donor 6no s of acceptance

Re+uisites of 6onation& 1. 2. 3. %. 'eduction in patrimony of donor Increase in patrimony of donee Intent to do act of liberality Aonor must be o ner of property donated

Re+uirements of a donation& 1. subject matter anyt!ing of value< present property $ not future5 must not impair legitime 2. causa anyt!ing to support a consideration> generosity5 c!arity5 good ill5 past service5 debt #. capacity to donate & dispose & accept donation %. form depends on value of donation

>inds of 0onation according to Effecti%it ! 0onation Inter =i%os 0onation 'ortis Ca#sa Aisposition and acceptance to ta6e effect Aisposition !appens upon t!e deat! of during lifetime of donor and donee donor /lready pertains to t!e donee unless t!ere *ven if t!ere is a term of effectivity and is a contrary intent effectivity is upon t!e deat! of t!e donor5 still entitled to fruits $ormalities re"uired 9 follo la on $ormalities re"uired 9 follo la on
26

donations and certain 6inds of donations $ succession to be valid5 and donation must la on obligations and contracts be in t!e form of a ill "suppletory# Irrevocable at t!e instance of t!e donor< 'evocable ad mutuum "e&clusive ill of may be revo6ed only by reasons provided donor# by la 'evo6ed only for reasons provided for by la "e&cept onerous donations# Acce&tance a# acceptance must be made personally or t!ru agent b# donation may be made orally or in riting mo%a le& 15222 $ belo may be oral or ritten5 if oral it must be it! simultaneous delivery of t!ing/document $ acceptance need not be in riting above 15222 9 must be ritten and accepted also in riting immo%a le 9 must be in a public instrument $ acceptance must also be in a public instrument "in same instrument or in ot!er instrument# In case of doubt it! regards to nature of donation> inter vivos 5adges of mortis causa! 1. :itle remains it! donor "full or na6ed o ners!ip#$ conveyed only upon deat! 2. Aonor can revo6ed ad mutuum 3. :ransfer is void if transferor survives transfer >inds of donation I+TER =I=O, 1# 2# 3# %# pure/simple remuneratory conditional onerous Rem#nerator -iberality or merits of donee or burden/ c!arge of past services provided t!ey do not constitute demandable debt Conditional Onero#s

P#re9,im&le a) Consideration Merits of donee

Galuable Galuable consideration is consideration imposed but value is given less t!an value of t!ing donated

27

b) la( to a&&l 9 forms -a on donations -a on donations

*&tent of burden

-a on obligations imposedHoblicon e&cessHdonation 'e7uired

c) form of acce&tance 'e7uired d) reser%ation (9regards to &ersonal s#&&ort 4 legitime /pplicable e) (arrant against e%iction 4 $idden defects In bad fait! only f) re%ocation /pplicable

'e7uired

'e7uired

/pplicable

/pplicable

4ot /pplicable

In bad fait! only /pplicable

In bad fait! only /pplicable

/pplies /pplicable

-ho may gi%e donations 9 /ll persons !o may contract and dispose of t!eir property

-ho may accept donations& 1. natural & juridical persons /c are not especially dis7ualified by la 2. minors & other incapacitated a# by t!emselves 9 if pure $ simple donation 9 if it does not re7uire ritten acceptance b# by guardian5 legal representatives if needs ritten acceptance 1. natural guardian not more t!an 125222 2. court appointed 9 more t!an 125222 3. conceived $ unborn c!ild5 represented by person !o ould !ave been guardian if already born

*$o are dis"#alified to donate! 1. guardians $ trustees it! respect to property entrusted to t!em 2. !usband $ ife 3. bet een paramours/persons guilty of adultery
28

%. bet een parties guilty of same criminal offense 1. made to public officers5 ife5 descendant5 ascendant Ot$er &ersons dis"#alified to recei%e donations! 1. 2. 3. %. priest !o !eard confession of donor during !is last illness relatives of priest it!in %t! degree5 c!urc!5 order5 community !ere priest belongs p!ysician5 nurse5 etc. !o too6 care of donor during !is last illness individuals5 corporations5 associations not permitted

-hat may e gi%en& 4ll or part of donor5s present property provided he reserves sufficient means for the support of the ff a# !imself b# relatives !o by la are entitled to !is support c# legitimes s!all not be impaired !en /o reservation or if inofficious5 may be reduced on petition of persons affected except conditional donation $ donation mortis causa except future property

0O65/E 0O+ATIO+,! R#le! +riority in time5 priority in rig!t 1. &f movable one !o first ta6e possession in good fait! 2. &f immovable one !o recorded in registry of property in good fait! 9 no inscription5 one !o first too6 possession in good fait! 9 in absence thereof5 one !o can present oldest title

RE=OCATIO+ O1 0O+ATIO+, applies only to donation inter vivos not applicable to onerous donations

-ith regards to donations made y person !ithout children or descendants at time donation& 1. If donor s!ould !ave legitimate5 legitimated or illegitimate c!ildren 2. If c!ild came out to be alive $ not dead contrary to belief of donor 3. If donor subse7uently adopts a minor c!ild

of

29

/ction for revocation based on failure to comply donations Action for re%ocation y reason of ingratitude

it! condition in case of conditional

1. Aonee commits offense against person5 !onor5 property of donor5 spouse5 c!ildren under !is parental aut!ority 2. Aonee imputes to donor any criminal offense or any cat involving moral turpitude even if !e s!ould prove it unless act/crime !as been committed against donee !imself5 spouse or c!ildren under !is parental aut!ority 3. Aonee unduly refuses to give support to donor !en legally or morally bound to give support to donor 5IRT- O1 C-I/0 +O+<16/1I//'E+T O1 CO+0ITIO+ Ipso jure revocation5 no needs court action need for action.5 court decision is merely declaratory *&tent> portion !ic! may *&tent> !ole portion but impair legitime of !eirs court may rule partial revocation only +roperty must be returned +roperty in e&cess /lienation/mortgages done prior to recording in 'egister of Aeeds> If already sold or cannot be /lienations/mortgages returned t!e value must be imposed are void unless returned registered it! 'egister of If mortgaged donor may Aeeds redeem t!e mortgage it! rig!t to recover from donee Fruits to be returned at Fruits to be returned at filing of action for filing of complainant revocation +rescription of action is % +rescription is % years from years from birt!5 etc. non9fulfilment /ction cannot be renounced I+.RATIT60E needs court action

*&tent> returned

@!ole

portion

+roperty to be returned

+rior ones are void< demand value of property !en alienated and can=t be recovered or redeemed from 3rd persons

+rescription is 1 year from 6no ledge of fact and it as possible for !im to bring action

/ction cannot be renounced in advance 'ig!t of action transmitted 'ig!t of action at instance Ieirs can=t file action to !eirs of donor but may be transmitted to !eirs /ction e&tends to donee=s /ction does not e&tend to
30

!eirs

donee=s !eirs

E2ce&tion to r#le on intransmissibilit of action (it$ regards to re%ocation d#e to ingratit#de! 1. personal to t!e donor< general rule is !eir cannot institute if donor did not institute (. heirs can only file in the ff cases a# donor !as instituted proceedings but dies before bringing civil action for revocation b# donor already instituted civil action but died5 !eirs can substitute c# donee 6illed donor or !is ingratitude caused t!e deat! of t!e donor d# donor died /o !aving 6no n t!e ingratitude done e# criminal action filed but abated by deat! 3. can only ma6e !eirs of donee liable if complaint as already filed !en donee died

Inofficio#s donations! 1. 2. 3. %. 1. s!all be reduced it! regards to t!e e&cess action to reduce to be filed by !eirs !o !ave rig!t to legitimate at time of donation donees/creditors of deceased donor cannot as6 for reduction of donation if there are ( or more donation recent ones s!all be suppressed if ( or more donation at same time treated e7ually $ reduction is pro rata but donor may impose preference !ic! must be e&pressly stated in donation

31