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Title I

PROPERTY
FROM: https://lawphilreviewer.wordpress.com/2014/08/09/civil-law-property-and-ow
nership-memory-aid/?blogsub=confirming#subscribe-blog
Classification (according to mobility):
Immovable
real property
Movable personal property
Requisites:
1.
Utility
2.
Individuality/Substantivity
3.
Susceptibility of appropriation
Real Rights
1.
no passive subject
claim against whole world
2.
object is corporeal thing (obligation)
3.
creates juridical relations through mode & title
4.
extinguished through loss or destruction of thing
Personal Rights
1.
Passive and active subject
2.
Object is an intangible thing (specific thing)
3.
Creates juridical relations through title
4.
Not extinguished through loss or destruction of thing
Immovable property
1.
By nature
cannot be moved from place to place because of their nature
a) land, buildings & all kinds of constructions adhered to soil
b) mine, quarries
2.
By incorporation essentially movables but attached to an immovable that
it becomes an integral part of it
trees, plants & growing fruits adhered to soil
everything attached to an immovable that it will break if separated
statues, paintings if intended by owner to be integral part of immovable
animal houses if intended by owner to become permanently attached to immovable
3.
By destination
movables but purpose is to partake of an integral part of
an immovable
machinery placed by owner of the tenement & tend directly to meet the needs of s
uch works/industry
fertilizers
when applied to soil
docks & floating structures
4.
By analogy/by law
contracts for public works, servitude & other real rig
hts over immovable property
Movable property
1.
susceptible of appropriation that are not included in enumeration in imm
ovable
2.
immovable that are designated as movable by special provision of law
3.
forces of nature brought under control by science
4.
things w/c can be transported w/o impairment of real property where they
are fixed
5.
obligations which involve demandable sums (credits)
6.
shares of stocks of agricultural, commercial & industrial entities altho
ugh they may have real estate
Classification of Movables
1.
consumable
cannot be utilized w/o being consumed
2.
non-consumable
Classification of Property (according to ownership):
1.
Public dominion
intended for public use
intended for public service of state, provinces, cities & municipalities
Characteristics:
outside the commerce of men
cannot be alienated or leased
cannot be acquired by private individual through prescription
1.
2.

2.
1.
2.
ce

not subject to attachment & execution


cannot be burdened by voluntary easement
Private Ownership
patrimonial property of state, provinces, cities, municipalities
exist for attaining economic ends of state
property of public dominion when no longer intended for public use/servi
declared patrimonial
property belonging to private persons
individually or collectively

Title II OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL
Definitions of Ownership
Independent and general right of a person to control a thing particularly in his
possession, enjoyment, disposition, and recovery, subject to no restrictions ex
cept those imposed by the state or private persons, without prejudice to the pro
visions of the law.
Power of a person over a thing for purposes recognized by law & within the limit
s established by law
Attributes:
1.
Jus possidendi
right to possess
2.
Jus utendi right to enjoy
3.
Jus fruendi
right to fruits
4.
Jus abutendi right to use and abuse
5.
Jus disponendi right to dispose
6.
Jus vindicandi right to exclude others from possession of the thing
Actions for possession:
1. movable replevin (return of a movable)
2. immovable
forcible entry
used by person deprived of possession through violence, intimidat
ion (physical possession, 1 year unlawful deprivation)
unlawful detainer
used by lessor/person having legal right over property when le
ssee/person withholding property refuses to surrender possession of property aft
er expiration of lease/right to hold property (physical possession, 1 year from
unlawful deprivation)
accion publiciana
plenary action to recover possession
accion reinvindicatoria
recovery of dominion of property as owner
7.
Principle of self help self defense
Elements:
Person exercising rights is owner or lawful possessor
There is actual or threatened unlawful physical invasion of his property
Use force as may be reasonably necessary to repel or prevent it
Available only when possession has not yet been lost, if already lost
resort to
judicial process
May be exercised by 3rd person
negotiorum gestio
8.
Right to enclose or fence w/o detriment to servitude constituted
9.
Right to surface & everything under it only as far as necessary for his
practical interest (benefit or enjoyment)
10.
Right to hidden treasure found in own property
hidden and unknown movables w/c consist of money or precious objects
owner is unknown
by chance
if property owner is state belongs to finder; also if in another s pr
rty; the finder must not be trespasser
Limitation on Ownership
1.
general limitations for the benefit of the state (eminent domain, police
power, taxation)
2.
specific limitations imposed by law (servitude, easements)
3.
specific limitations imposed by party transmitting ownership (will, cont
ract)
4.
limitations imposed by owner himself (voluntary servitude, mortgages, pl
edges)

5.
inherent limitations arising from conflicts with other similar rights (c
ontiguity of property)
6.
owner cannot make use of a thing which shall injure/prejudice rights of
3rd persons (neighbors)
7.
acts in state of necessity
law permits injury or destruction of things o
wned by another provided this is necessary to avert a greater danger (with right
to indemnity
vs. principle of unjust enrichment)
8.
true owner must resort to judicial process when thing is in possession o
f another; law creates a disputable presumption of ownership to those in actual
possession
identify property
show that he has better title
Chapter 2: RIGHT OF ACCESSION
Accession
owner of thing becomes owner of everything it may produce or those whi
ch may be incorporated or united thereto
1.
principle of justice
2.
accessory follows the principal
Accession continua
accession to products of the thing
Rights of owners: natural, industrial & civil fruits
exception: possession in good faith by another, usufruct, lease, antichresis
Obligation of owners:
Immovables
accretion
1.
Alluvion owner of lands adjoining banks of river belongs the accretion g
radually received from effects of the water s current
Requisites:
1.
deposit is gradual & imperceptible
2.
made through effects of current of water
3.
land where accretion takes place is adjacent to banks of river
Rights of riparian owner
Right to accretion ipso facto
no need to make an express act of possession
2.
Avulsion transfer of a known portion of land from one tenement to anothe
r by force of current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (pre
scription)
Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbu
rsement for necessary expenses for gathering them & putting them in safe place
3. Change of river bed
Right of owner of land occupied by new river course
1.
Right to old bed ipso facto in proportion to area lost
2.
Owner of adjoining land to old bed shall have right to acquire the same
by paying its value
value not to exceed the value of area occupied by new bed
3.
Formation of island in non-navigable river
owner of margin nearest to islands formed
if nearest to it
owner of both margins
if island is in the middle (divided into halves longitudin
ally)
4.
building, planting & sowing
General Rule
whatever is built, planted or sown belongs to owner of land; presum
ption is owner made them at his expense
Exception: contrary is proven
Right of owner of material
1.
Right to be indemnified or paid of value of property by owner of land
2.
Right to remove materials if he can do so w/o injury to work constructed
if owner has not paid
3.
Right to damages and demolition even if with injury to work if owner of
land is in bad faith
Right of owner when another builds, plants or sows in his land: (OWNER & BUILDER
BOTH IN GOOD FAITH)
1.
Appropriate as his own after paying for indemnity

2.
Oblige the planter, builder to pay for price of land or rent, except whe
n value of lands is greater than thing built
convert to rent
Right of Builder in good faith before payment of indemnity of owner in good fait
h
1.
Right to retain land & building
2.
Right not to be compelled to pay for rent
3.
Right of retention ceases when obliged to pay for value of and if he fai
ls to do so
Right of owner in good faith when builder is in bad faith
1.
Right to appropriate what has been built w/o paying indemnity
2.
Order demolition of building
3.
Compel the builder to pay for price of land or rent
4.
Right to damages
Right of builder in bad faith when owner is in good faith
Right to be reimbursed for necessary expenses for preservation of land
Right of Builder in good faith when owner is in bad faith
1.
Right to indemnity for value of building
2.
Right to damages
3.
Right to demolish w/o payment of indemnity
Bad faith on both builder & owner
in pari delicto (no cause of action vs. each o
ther)
Right of 3rd person who owns materials
1.
Right to be indemnified for value of materials irrespective of good fait
h or bad faith of builder or owner; if builder has no property, owner is subsidi
arily liable
2.
When builder is in bad faith & owner in good faith & owner compel builde
r to remove improvements, owner is not subsidiarily liable
3.
When 3rd person is paid by builder, builder may demand from landowner th
e value of labor & materials
b) Movables
1.
Conjunction / adjunction
2 movable things which belong to different owne
rs are united to form a single object
Test to determine w/c one is the principal:
1.
that to w/c the other intended to be united as ornament or for its use o
f perfection
2.
value
3.
volume
Rights:
1.
If both are in good faith
owner of principal acquired the accessory with
indemnification
2.
If both are in good faith may separate them if no injury will be caused;
if value of accessory is greater than principal, owner of accessory may demand
separation even if damages will be caused to the principal (expenses to be borne
by one who caused the conjunction)
3.
If owner of accessory is in bad faith
owner of accessory with damages to
principal
4.
If owner of principal is in bad faith owner of accessory shall have opti
on of principal paying value of accessory or removal of accessory despite destru
ction of principal
5.
Owner of accessory or principal has right to indemnity when thing adjunc
ts w/o his consent may demand that a thing equal is kind, value and price
2.
Specification
One employs the materials of another in whole or in part o
n order to make a thing of a different kind; transformation
Rights:
1.
If person who made the transformation is in good faith
he shall appropri
ate the thing transformed as his own with indemnity to owner of material for its
value
2.
If material is more precious than transformed thing
owner of material ma
y appropriate the new thing to himself after indemnity paid to labor or demand i
ndemnity for materials

3.
If person who made the transformation is in bad faith, owner of material
shall appropriate the work to himself w/o paying maker or demand indemnity for
value of materials & damages
4.
If transformed thing is more valuable than material, owner of material c
annot appropriate
3.
Commixtion / confusion
2 things of the same or different kinds are mixed
& are not separable w/o injury
Rights:
1.
If both owners are in good faith
Each owner shall acquire a right propor
tional to the part belonging to him (vis-a-vis the value of the things mixed or
confused)
2.
If one owner is in bad faith he shall lose the thing belonging to him pl
us indemnity for damages caused to owner of other thing mixed with his thing
3.
If both in bad faith no cause of action against each other
Chapter 3: QUIETING OF TITLE
Reasons:
1.
prevent litigation
2.
protect true title & possession
3.
real interest of both parties which requires that precise state of title
be known
Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asser
ts his own estate & generally declares that defendant s claim is w/o foundation
when proper:
1.
contract has been extinguished or terminated
2.
contract has prescribed
3.
remove cloud
Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbranc
e, or claim constituting a on plaintiff s title which may be used to injure or vex
him in the enjoyment of his title
Cloud
any instrument which is inoperative but has semblance of title
Requisites:
1.
Plaintiff must have legal or equitable interest
2.
Need not be in possession of property
3.
Return to defendant all benefits received
he who wants justice must do j
ustice
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING
Liability for damages:
1.
collapse
engineer, architect or contractor
2.
collapse resulting from total or partial damage; no repair made
owner; s
tate may compel him to demolish or make necessary work to prevent if from fallin
g
3.
if no action done by government at expense of owner
Title III
CO-OWNERSHIP
Co-ownership
plurality of subjects
many owners
unity of material (indivision) of object of ownership
recognition of ideal shares
Causes/Sources:
1.
law
2.
contracts
3.
succession
4.
fortuitous event/chance
commixtion
5.
occupancy 2 persons catch a wild animal
Distinguished from partnership
partnership created only by agreement; co-ownership has many sources
purpose of partnership is to obtain profit; co-ownership is collective enjoyment
of a thing
in partnership there is juridical personality distinct from individuals, none in

co-ownership
partnership can be created for more than 10 years, not in co-ownership
partners cannot transfer rights w/o consent of other co-partners, not co-ownersh
ip
partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible
in co-ownership but depends on ideal share/interest
Rights of co-owners
1.
Right to benefits proportional to respective interest; stipulation to co
ntrary is void
2.
Right to use thing co-owned
1.
for purpose for which it is intended
2.
without prejudice to interest of ownership
3.
without preventing other co-owners from making use thereof
3.
Right to change purpose of co-ownership by agreement
4.
Right to bring action in ejectment in behalf of other co-owner
5.
Right to compel co-owners to contribute to necessary expenses for preser
vation of thing and taxes
6.
Right to exempt himself from obligation of paying necessary expenses and
taxes by renouncing his share in the pro-indiviso interest; but can t be made if
prejudicial to co-ownership
7.
Right to make repairs for preservation of things can be made at will of
one co-owner; receive reimbursement therefrom; notice of necessity of such repai
rs must be given to co-owners, if practicable
8.
Right to full ownership of his part and fruits
9.
Right to alienate, assign or mortgage own part; except personal rights l
ike right to use and habitation
10.
Right to ask for partition anytime
11.
Right of pre-emption
12.
Right of redemption
13.
Right to be adjudicated thing (subject to right of others to be indemnif
ied)
14.
Right to share in proceeds of sale of thing if thing is indivisible and
they cannot agree that it be allotted to one of them
Duties/Liabilities
1.
Share in charges proportional to respective interest; stipulation to con
trary is void
2.
Pay necessary expenses and taxes
may be exercised by only one co-owner
3.
Pay useful and luxurious expenses
if determined by majority
4.
Duty to obtain consent of all if thing is to be altered even if benefici
al; resort to court if non-consent is manifestly prejudicial
5.
Duty to obtain consent of majority with regards to administration and be
tter enjoyment of the thing; controlling interest; court intervention if prejudi
cial appointment of administrator
6.
No prescription to run in favor co-owner as long as he recognizes the co
-ownership; requisites for acquisition through prescription
1.
he has repudiated through unequivocal acts
2.
such act of repudiation is made known to other co-owners
3.
evidence must be clear and convincing
1.
Co-owners cannot ask for physical division if it would render thing unse
rviceable; but can terminate co-ownership
2.
After partition, duty to render mutual accounting of benefits and reimbu
rsements for expenses
3.
Every co-owner liable for defects of title and quality of portion assign
ed to each of the co-owner
Rights of 3rd parties
1.
creditors of assignees may take part in division and object if being eff
ected without their concurrence, but cannot impugn unless there is fraud or made
notwithstanding their formal opposition
2.
non-intervenors
retain rights of mortgage and servitude and other real r

ights and personal rights belonging to them before partition was made.
Title V

POSSESSION
Possession
holding of a thing or enjoyment of a right
1.
occupancy
actual or constructive (corpus)
2.
intent to possess (animus)
How acquired:
1.
material occupation
possession as a fact
1.
physical
2.
constructive tradicion brevi manu (one who possess a thing short of titl
e of owner lease );
tradicion constitutum possesorium (owner alienates thing but continues to posses
s depositary, pledgee, tenant)
cannot be recognized at the same time in 2 different personalities except co-pos
session
question arise regarding fact of possession
1.
present possessor preferred
2.
2 possessors
one longer in possession
3.
dates of possession the same
one who presents a title
4.
both have titles judicial resolution
1.
subject to action of our will- possession as a right
1.
tradicion simbolica
delivering object or symbol of placing thing under c
ontrol of transferee (keys)
2.
tradicion longa manu pointing out to transferee the things which are bei
ng transferred
1.
proper acts and legal formalities established for acquiring rights
donat
ion, sale
What can be subject of possession
things or rights which are susceptible of bein
g appropriated
Degrees of possession:
1.
holding w/o title and in violation of right of owner
2.
possession with juridical title but not that of owner
3.
possession with just title but not from true owner
4.
possession with just title from true owner
Classes of ownership:
1.
in concept of owner
owner himself or adverse possessor
Effects:
1.
may be converted into ownership through acquisitive prescription
2.
bring actions necessary to protect possession
3.
ask for inscription of possession
4.
demand fruits and damages from one unlawfully detaining property
1.
in concept of holder usufruct, lessee, bailee
2.
in oneself personal acquisition
1.
he must have capacity to acquire possession
2.
intent to possess
3.
possibility to acquire possession
1.
in name of another
agent; subject to authority and ratification if not a
uthorized; negotiorum gestio
1.
representative has intention to acquire for another and not for himself
2.
person from whom it is acquired has intention of possessing it
1.
in good faith
not aware that there exist flaw in title or mode w/c inval
idates it; mistake upon doubtful question of law; always presumed; it may be int
errupted by extraneous evidence or suit for recovery of property of true owner
2.
in bad faith
aware of defect
Possession through succession
1.
possession of hereditary property is deemed transmitted w/o interruption
from moment of death ( if accepted) and if not accepted ( deemed never to have
possessed the same )
2.
one who succeeds by hereditary title shall not tack the bad faith of pre
decessors in interest except when he is aware of flaws affecting title; but effe

cts of possession in good faith shall not benefit him except from date of death
of decedent.
Minors/ Incapacitated
may acquire material possession but not right to possession; may only acquire th
em through guardian or legal representatives
Acquisition
1.
cannot be acquired through force or intimidation when a possessor object
s thereto
resort to courts
2.
the following do not affect acts of possession ( not deemed abandonment
of rights ); possession not interrupted
1.
acts merely tolerated
2.
clandestine and unknown acts
3.
acts of violence
Rights of possessor:
1.
Right to be respected in his possession; if disturbed
protected by means
established by law; spoliation
2.
Possession acquired and enjoyed in concept of owner can serve as title f
or acquisitive prescription
1.
Possession has to be in concept of owner, public, peaceful and uninterru
pted
2.
Title short of ownership
3.
Person in concept of owner has in his favor the legal presumption of jus
t title (prima facie)
4.
Possession of real property presumes that movables are included
5.
Co-possessors deemed to have exclusively possessed part which may be all
otted to him; interruption in whole or in part shall be to the prejudice of all
6.
Possessor in good faith entitled to fruits received before possession is
legally interrupted ( natural and industrial gathered or severed; civil accrue
daily )
7.
Possessor in good faith entitled to part of net harvest and part of expe
nses of cultivation if there are natural or industrial fruits ( proportionate to
time of possession ); owner has option to require possessor to finish cultivati
on and gathering of fruits and give net proceeds as indemnity for his part of ex
penses; if possessor in good faith refuses barred from indemnification in other
manner
8.
Possessor has right to be indemnified for necessary expenses whether in
good faith or in bad faith; Possessor in good faith has right of retention over
thing unless necessary expenses paid by owner
9.
Possessor in good faith has right to be reimbursed for useful expenses w
ith right of retention; owner has option of paying expenses or paying the increa
se in value of property which thing acquired by reason of useful expenses
10.
Possessor in good faith may remove improvements if can be done w/o damag
e to principal thing- unless owner exercises option of paying; possessor in bad
faith not entitled.
11.
Possessor in good faith and bad faith may not be entitled to payment for
luxurious expense but may remove them provided principal is not injured
provide
d owner does not refund the amount expended
12.
Improvements caused by nature or time to inure to the benefit of person
who has succeeded in recovering possession
13.
Wild animals possessed while in one s control; domesticated
possessed if t
hey retain habit of returning back home
14.
One who recovers, according to law, possession unjustly lost is deemed t
o have enjoyed it w/o interruption
Liabilities/duties of Possessor
1.
Return of fruits if in bad faith
fruits legitimate possessor could have
received
2.
Bear cost of litigation
3.
Possessor in good faith not liable for loss or deterioration or loss exc
ept when fraud and negligence intervened
4.
Possessor in bad faith liable for loss or deterioration even if caused b

y fortuitous event
5.
Person who recovers possession not obliged to pay for improvements which
have ceased to exist at time of occupation
Loss of possession:
1.
abandonment of the thing
renunciation of right; intent to lose the thing
2.
assignment made to another by onerous or gratuitous title
3.
destruction or total loss of the thing or thing went out of commerce
4.
possession of another if new possession lasted longer that 1 year ( poss
ession as a fact); real right of possession not lost except after 10 years
Not lost:
1.
Unlawfully deprived or lost
2.
Acquired at public sale in good faith
with reimbursement
3.
Provision of law enabling the apparent owner to dispose as if he is owne
r
4.
Sale under order of the court
5.
Purchases made at merchant stores, fairs or markets
6.
Negotiable document of title
1.
Even for time being he may not know their whereabouts, possession of mov
able is not deemed lost
2.
When agent encumbered property without express authority except when rat
ified
3.
Possession may still be recovered:
Possession is equivalent to title
1.
possession is in good faith
2.
owner has voluntarily parted with the possession of the thing
1.
possessor is in concept of an owner
Title VI USUFRUCT
Usufruct
right to enjoy another s property with correlative duty of preserving its
form and substance
1.
things movable/immovable
2.
rights provided it is not strictly personal
Kinds:
1.
legal
parents over children
2.
voluntary
contracts, wills
3.
mixed prescription
4.
total
5.
partial
6.
simultaneous
7.
successive
8.
pure
9.
conditional
10.
With a term
Rights of usufructuary:
1.
Right to civil, natural & industrial fruits of property
2.
Right to hidden treasure as stranger
3.
Right to transfer usufructuary rights
gratuitous or onerous; but is co-t
erminus with term of usufruct; fruits proportionate at duration of usufruct; but
can t do acts of ownership such as alienation or conveyance except when property
is:
4.
consumable
5.
intended for sale
6.
appraised when delivered; if not appraised & consumable
return same qual
ity (mutuum)
7.
Right not exempt from execution and can be sold at public auction by own
er
8.
Naked owner still have rights but w/o prejudice to usufructuary; may sti
ll exercise act of ownership bring action to preserve
9.
Right to fruits growing at time usufruct begins; growing fruits at termi
nation of usufruct belongs to owner
10.
Right to necessary expenses from cultivation at end of usufruct

11.
Right to enjoy accessions & servitudes in its favor & all benefits inher
ent therein
12.
Right to make use of dead trunks of fruit bearing trees & shrubs or thos
e uprooted/cut by accident but obliged to plant anew
13.
Right of usufructuary of woodland
ordinary cutting as owner does habitua
lly or custom of place; cannot cut down trees unless it is for the restoration o
f improvement of things in usufruct must notify owner first
14.
Right to leave dead, uprooted trees at the disposal of owner with right
to demand that owner should clear & remove them
if caused by calamity or extraor
dinary event impossible to replace them
15.
Right to oblige owner to give authority & furnish him proofs if usufruct
is extended to recover real property or real right
16.
Right to necessary expenses
17.
Right to introduce useful & luxurious expenses but with no obligation of
reimbursement on part of owner; may remove improvement if can be done w/o damag
e
18.
Right to set-off improvements against damages he made against the proper
ty
19.
Right to administer when property is co-owned; if co-ownership cease
usu
fruct of part allotted to co-owner belongs to usufructuary not affected
20.
Right to demand the increase in value of property if owner did not spend
for extraordinary repairs when urgent & necessary for preservation of thing
Rights of naked owner
1.
Alienate thing
2.
Can t alter form or substance
3.
Can t do anything prejudicial to usufructuary
4.
Construct any works Y make any improvement provided it does not diminish
value or usufruct or prejudice right of usufructuary
Obligations of usufructuary:
1.
Pay expenses to 3rd persons for cultivation & production at beginning of
usufruct; whose who have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing
deteriorates, obliged to return in that state; except when there is fraud or neg
ligence, then he shall be liable
3.
Before entering into usufructuary::
Notice of inventory of property (appraisal of movables & description)
Posting of security
1.
not applicable to parents who are usufructuary of children except when 2
nd marriage contracted
2.
excused
allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
1.
immovables be placed under administration
2.
NI can be converted into registered certificates or deposited in bank
3.
Capital & proceeds of sale of movables be invested in safe securities
4.
Interest on proceeds or property under admin belong to usufructuary
5.
Owner may retain property as administrator w/ obligation to deliver frui
ts to usufructuary until he gives sufficient security
6.
Effect of security is retroactive to day he is entitled to fruits
4. Take care of property as a good father of family
5.
Liable for negligence & fault of person who substitute him
6.
If usufruct is constituted on animals
duty bound to replace dead animals
that die from natural causes or became prey; if all of them perish w/o fault bu
t 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 kind & quality
7.
Obliged to make ordinary repairs wear & tear due to natural use of thing
and are indispensable for preservation; owner may make them at expense of usufr
uctuary
during existence of usufruct
8.
Obliged to make expenses due to his fault; cannot escape by renouncing u
sufruct

9.
Pay legal interest from extraordinary expenses made by owner
10.
Payment of expenses, charges & taxes affecting fruits
11.
Payment of interest on amount paid by owner charges on capital
12.
Obliged to notify owner of act of 3rd person prejudicial to rights of ow
nership
he is liable if he does not do so for damages
as if it was caused throug
h his own fault
13.
Expenses, cost & liabilities in suits brought with regard to usufructuar
y borne by usufructuary
Obligations of owner
1.
extraordinary expenses; usufructuary obliged to inform owner when urgent
is the need to make them
2.
expenses after renunciation of usufruct
3.
taxes & expenses imposed directly on capital
4.
if property is mortgaged, usufructuary has no obligation to pay mortgage
; if attached, owner to be liable for whatever is lost by usufructuary
5.
if property is expropriated for public use
owner obliged to either repla
ce it or pay legal interest to usufructuary of net proceeds of the same
Extinguishment of usufruct
1.
death of usufructuary
unless contrary intention appears
2.
expiration of period of usufruct
3.
merger of usufruct & ownership
4.
renunciation of usufructuary express
5.
total loss of thing
6.
termination of right of person constituting usufruct
7.
prescription use by 3rd person
loss in part
remaining part shall continue to be held in usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than
50 years
usufruct constituted on immovable whereby a building is erected
& building is de
stroyed right to make use of land & materials
if owner wishes to construct a new building
pay usufructuary the value of intere
st of land & materials
both share in insurance if both pays premium; if only owner
then proceeds will g
o to owner only
effect if bad use of the thing
owner may demand the delivery of and administrati
on of the thing with responsibility to deliver net fruits to usufructuary
at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary
expenses w/c should be reimbursed
security of mortgage shall be cancelled
BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP
Different Modes of acquiring ownership:
Occupation
Donation
Prescription
Succession
Tradition
MODE Proximate cause of ownership ( sales, donation)
TITLE
Remote cause of ownership; merely constituted the means
OCCUPATION
1.
There should be a corporeal thing (tangible) which must have a corpus (bod
y) & that thing should have no owner
2.
There must be actual occupancy; thing must be subjected to one s control/d
isposition
3.
There must e an intention to occupy
4.
Accomplished according to legal rules
What are the things susceptible to occupation?
things that are w/o owner
res nullius; abandoned
stolen property cannot be subject of occupation

animals that are the object of hunting & fishing


kinds of animals:
wild
considered res nullius when not yet captured; when captured
& escaped
become res nullius again
domesticated animals
originally wild but have been captured & tamed; now belong
to their capturer; has habit of returning to premises of owner; becomes res null
ius if they lose that habit of returning & regain their original state of freedo
m
domestic/tame animals
born & ordinarily raised under the care of people; become
res nulliuswhen abandoned by owner
hidden treasure (only when found on things not belonging to anyone)
abandoned movables
Animals:
a)
Swarm of bees
owner shall have right to pursue them to another s land (owner to identify latter
for damages, if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue th
e bees
Domesticated animals
may be redeemed within 20 days from occupation of another person; if no redempti
on made, they shall pertain to the one who caught them
Pigeons & fish
when they go to another breeding place, they shall be owned by the new owner pro
vided they are not enticed
Movables:
1) Treasure found on another s property
consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to of the treas
ure
Movable found w/c is not treasure
must be returned to owner
if finder retains the thing found
may be charged with theft
if owner is unknown, give to mayor; mayor shall announce finding of the movable
for 2 weeks in way he deems best
of owner does not appear 6 months after publication, thing found shall be awarde
d to finder
if owner appears, he is obliged to pay 1/10 of value of property to finder as pr
ice
if movable is perishable or cannot be kept w/o deterioration or w/o expenses it
shall be sold at public auction 8 days after the publication
What cannot be acquired by occupation
Ownership of a piece of land
because when a land is without an owner, it pertains to the state
land that 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
PRESCRIPTION mode by which one acquires ownership and other real rights thru lap
se of time; also a means by which one loses ownership, rights & actions; retroac
tive from the moment period began to run
Kinds:
1. Acquisitive
1.
Extinctive
Who may acquire by prescription:
1.
person who are capable of acquiring property by other legal modes
2.
STATE
3.
minors
through guardians of personally
Against whom prescription run:
1.
minors & incapacitated person who have guardians
2.
absentees who have administrators
3.
persons living abroad who have administrators
4.
juridical persons except the state with regards to property not patrimon

ial in character
5.
between husbands & wife
6.
between parents & children (during minority/insanity)
7.
between guardian & ward (during guardianship)
8.
between co-heirs/co-owners
9.
between owner of property & person in possession of property in concept
of holder
Things subject to prescription: all things within the commerce of men
1.
private property
2.
patrimonial property of the state
Things not subject to prescription:
1.
public domain
2.
in transmissible rights
3.
movables possessed through a crime
4.
registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but
not the right to prescribe in the future
may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from
the acts w/c imply abandonment of right acquired
creditors & persons interested in making prescription effective may avail themse
lves notwithstanding express or tacit renunciation
PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS
Kinds of Acquisitive prescription
1.
ordinary
2.
extra-ordinary
Requisites for ordinary prescription:
1.
possession in good faith
2.
just title
3.
within time fixed by law
4 years for movables
8 years for immovables
4.
in concept of an owner
5.
public, peaceful, uninterrupted
Requisites for extra-ordinary prescription:
1.
just title is proved
2.
within time fixed by law
10 years for movables
30 years for immovables
3.
in concept of an owner
4.
public, peaceful, uninterrupted
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly
transmit ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID)
must be proved & never presumed
Titulo Colorado
Titulo putativo
title must be one which would have been sufficient to transfer ownership if gran
tor had been the owner
through one of the modes of transferring ownership but there is vice/defect in c
apacity of grantor to transmit ownership
IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in the enjoyment of property

INTERRUPTION
Natural
through any cause, possession ceases for more than 1 year
if 1 year of less
as if no interruption
civil
produced by judicial summons; except
1.
void for lack of legal solemnities
2.
plaintiff desist from complaint/allow proceedings to lapse
3.
possessor is absolved from complaint
express or tacit renunciation
possession in wartime
RULES IN COMPUTATION OF PERIOD:
1.
Present possessor may tack his possession to that of his grantor or pred
ecessor in interest
2.
Present possessor presumed to be in continuous possession I intervening
time unless contrary is proved
3.
First day excluded, last day included
TACKING PERIOD
there must be privity between previous & present possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith
use extraordinary prescription
PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
30 years
action over immovables from time possession is lost
10 years
mortgage action
upon written contract
upon obligation created by law
upon a judgement
8 years
action to recover movables from time possession is lost
6 years
upon an oral contract
upon a quasi-contract
5 years
actions where periods are not fixed by law
4 years
upon injury to rights of plaintiff
upon a quasi-delict
1 year
for forcible entry & detainer
for defamation
Rights not extinguished by prescription:
1.
demand right of way
2.
abate public /private nuisance
3.
declare contract void
4.
recover property subject to expressed trust
5.
probate of a will
6.
quiet title
Characteristics of DONATION:
Unilateral
obligation imposed on the donor
Consensual
perfected at time donor knows of acceptance
Requisites of Donation:
1.
Reduction in patrimony of donor
2.
Increase in patrimony of donee
3.
Intent to do act of liberality
4.
Donor must be owner of property donated
Requirements of a donation:

1.
subject matter
anything of value; present property & not future, must no
t impair legitime
2.
causa
anything to support a consideration: generosity, charity, goodwill
, past service, debt
3.
capacity to donate & dispose & accept donation
4.
form depends on value of donation
Kinds of Donation according to Effectivity:
Donation Inter Vivos
Donation Mortis Causa
Disposition and acceptance to take effect during lifetime of donor and donee
Disposition happens upon the death of donor
Already pertains to the donee unless there is a contrary intent Even if there is
a term of effectivity and effectivity is upon the death of the donor, still ent
itled to fruits
Formalities required
follow law on donations and certain kinds of donations & la
w on obligations and contracts (suppletory)
Formalities required
follow law
on succession to be valid, and donation must be in the form of a will
Irrevocable at the instance of the donor; may be revoked only by reasons provide
d by law
Revocable ad mutuum (exclusive will of donor)
Revoked only for reasons provided for by law (except onerous donations)
Acceptance
acceptance must be made personally or thru agent
donation may be made orally or in writing
movable:
5,000 & below
may be oral or written, if oral it must be with
simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 must be written and accepted also in writing
immovable
must be in a public instrument & acceptance must also be in a public i
nstrument (in same instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
Badges of mortis causa:
1.
Title remains with donor (full or naked ownership)& conveyed only upon d
eath
2.
Donor can revoked ad mutuum
3.
Transfer is void if transferor survives transfer
Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous
Pure/Simple
Remuneratory
Conditional
Onerous
a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services
provided they do not constitute demandable debtValuable consideration is imposed
but value is less than value of thing donatedValuable consideration givenb) law
to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & l
egitime
ApplicableApplicableApplicableNot Applicablee) warranty against eviction & hid
den defects
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable
Who may give donations
All persons who may contract and dispose of their property
Who may accept donations:
1. natural & juridical persons w/c are not especially disqualified by law
2. minors & other incapacitated

a) by themselves
if pure & simple donation
if it does not require written acceptance
b) by guardian, legal representatives if needs written acceptance
1.
natural guardian
not more than 50,000
2.
court appointed
more than 50,000
3.
conceived & unborn child, represented by person who would have been a g
uardian if already born
Who are disqualified to donate:
1. guardians & trustees with respect to property entrusted to them
2. husband & wife
3. between paramours/persons guilty of adultery
4. between parties guilty of same criminal offense
5. made to public officers, wife, descendant, ascendant
Other persons disqualified to receive donations:
1.
priest who heard confession of donor during his last illness
2.
relatives of priest within 4th degree, church, order, community where pr
iest belongs
3.
physician, nurse, etc. who took care of donor during his last illness
4.
individuals, corporations, associations not permitted
What may be given:
All or part of donor s present property provided he reserves sufficient means for
the support of the ff:
himself
relatives who by law are entitled to his support
legitimes shall not be impaired
when w/o reservation or if inofficious, may be reduced on petition of persons af
fected
except: conditional donation & donation mortis causa
except: future property
DOUBLE DONATIONS:
Rule: Priority in time, priority in right
1. If movable
one who first take possession in good faith
2. If immovable one who recorded in registry of property in good faith
no inscription, one who first took possession in good faith
in absence thereof, one who can present oldest title
REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants at time
of donation:
1.
If donor should have legitimate, legitimated or illegitimate children
2.
If child came out to be alive & not dead contrary to belief of donor
3.
If donor subsequently adopts a minor child
Action for revocation based on failure to comply with condition in case of condi
tional donations
Action for revocation by reason of ingratitude
1.
Donee commits offense against person, honor, property of donor, spouse,
children
under his parental authority
2.
Donee imputes to donor any criminal offense or any cat involving moral t
urpitude even if he should prove it unless act/crime has been committed against
donee himself, spouse or children under his parental authority
3.
Donee unduly refuses to give support to donor when legally or morally bo
und to give support to donor
BIRTH OF CHILD NON-FULFILLMENT OF CONDITION
INGRATITUDE
Ipso jure revocation, no need for action., court
decision is merely
declaratoryneeds court actionneeds court actionExtent: portion which may impair
legitime of heirsExtent: whole portion but court may rule partial revocation onl
yExtent: Whole portion returnedProperty must be returnedProperty in excessProper

ty to be returned
Alienation/mortgages done prior to recording in Register of Deeds:
If already sold or cannot be returned
the value must be returned
If mortgaged donor may redeem the mortgage with right to recover from doneeAlien
ations/mortgages imposed are void unless registered with Register of DeedsPrior
ones are void; demand value of property when alienated and can t be recovered or r
edeemed from 3rd personsFruits to be returned at filing of action for revocation
Fruits to be returned at filing of complainant Prescription of action is 4 years
from birth, etc.Prescription is 4 years from non-fulfilmentPrescription is 1 ye
ar from knowledge of fact and it was possible for him to bring actionAction cann
ot be renouncedAction cannot be renounced in advance Right of action transmitted
to heirsRight of action at instance of donor but may be transmitted to heirsHei
rs can t file actionAction extends to donee s heirsAction does not extend to donee s h
eirs
Exception to rule on intransmissibility of action with regards to revocation due
to ingratitude:
donor has instituted proceedings but dies before bringing civil action for revoc
ation
donor already instituted civil action but died, heirs can substitute
donee killed donor or his ingratitude caused the death of the donor
donor died w/o having known the ingratitude done
criminal action filed but abated by death
1.
personal to the donor; general rule is heir cannot institute if donor di
d not institute
2.
heirs can only file in the ff cases:
1.
can only make heirs of donee liable if complaint was already filed when
donee died
Inofficious donations:
1.
shall be reduced with regards to the excess
2.
action to reduce to be filed by heirs who have right to legitimate at ti
me of donation
3.
donees/creditors of deceased donor cannot ask for reduction of donation
4.
if there are 2 or more donation: recent ones shall be suppressed
1.
if 2 or more donation at same time
treated equally & reduction is pro ra
ta but donor may impose preference which must be expressly stated in donation
Source:
Civil Law (Property) Memory Aid
Ateneo Central Bar Operations 2001