Syllabus Property

atty.erwin.tiamson

I. INTRODUCTION
A. What is Property?
1. In General Term
2. Property is a system of managing resources
3. Property is an entitlement to resources protected by legal institutions.
4. Purpose of Properties
5. Issues and Concerns
B. Theories on Property
1. Protect First Possession
2. Promote Labor
3. Utilitarian / Economic Theory
4. Promote Democracy
5. Personhood
C. Legal Theories
1. Natural Law
2. Property as Law of Things
3. Legal Positivism
4. Right to Exclude
5. Bundle of Rights
D. Property under the Civil Code
1. Rights Over Things
a) Things and Property Distinguish
b) Rights as Property
2. Kinds of Property
a) As to Ownership
(1) Common/Res Nullious
(2) Public Dominion
(3)Private Property
b) As to Physical Characteristics
(1)Immovable Property (Real Property)
(a)Enumeration of Immovable Property (Art. 415, NCC)
(b) Classes of Immovable Property
(c)Extent of Ownership (Art. 437, NCC)
(2)Movable Property (Personal Property)
(a)Enumeration under Art. 416 and 417, NCC
(b)Consumables or Non-Consumables under Art. 418, NCC
(c)Fungible or Non-Fungible
II. OWNERSHIP
A. What is Ownership
B. Acquisition of Ownership
1. Mode of Acquiring Ownership
2. Definition of Mode
3. Kinds of Mode
a) Original Mode
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b) Derivative Mode
c) Acquisitive Prescription by Adverse Possession
C. Loss of Ownership
1. Modes of Loosing Ownership
a) Voluntary
b) Involuntary
D. Rights of Ownership
1. In General
2. Right to Exclude
a) In General
b) Right of Enclosure and Fences
c) Self-Help
d) Resort to Judicial Process if Possession is Loss
3. Right to Use
a) Right to Enjoy Things
b) Right to its Product and Increase
c) Exception
(1) Use of Property has a Social Function
(2) Distributive Justice
4. Right to Transfer
a) Full Ownership
b) Use and other rights
5. Presumption
6. Limitations
E. Co-Ownership
1. Definition:
2. General Rule
3. On Right to Use
4. On Right to Exclude
5. On Right to Transfer
6. On Right to Vindicate
7. Right of Partition
8. Obligations of Co-Owners
9. Renunciation of Shares
10.Special rules on co-ownership of buildings with different Stories
11.Other forms of Co-Ownerships
III. ORIGINAL MODES OF ACQUIRING OWNERSHIP
A. Occupation
1. Definition
2. Conditions for Acquisition
3. Special Rules
4. Republic Act No. 9147 (Wildlife Resources Conservation Act and
Protections Act)
a) State Policy
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b) Illegal Acts
c) Wildlife Permits
5. Important Roman Law Concepts
B. Accession
1. General Rule
a) Accession Discreta
b) Accession Continua
c) Presumptions
2. Accession in Immovable Property
a) General Rule - All that is built, planted or sown on land is presumed to
belong to the owner.
b) Rule on Builder, Planter and Sower on Lands of Another
(1)In Good Faith
(2)In Bad Faith
(3)If both are in bad faith
c) Rules on Accession in Movable Property
(1)General Rule - Owner of Principal Acquires Accessory
(2)Definition of Principal
(3)Rule on Separation
(4)Rule on Acquisition
d) Rule on Owners of Materials
e) Rule on Third Persons
C. Intellectual Creation
1. General Principles:
a) Properties that are created by the human mind;
b) Creation are transformed into physical objects:
c) Three (3) types of Intellectual Creation
d) System of allocation of rights:
2. Copyright
a) Objective
b) As Incentive to creators
c) What is being protected
d) Copyright Infringement
3. Patent
a) Objective
b) Utilitarian Mandate
c) What can be patented
d) Elements
e) Patents Infringement
4. Trademarks
a) Objective
b) Trademark Infringement
IV. DERIVATIVE MODES OF ACQUIRING OWNERSHIP
A. Right to Transfer
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B. Kinds of Transfers
1. Sale/Barter/Exchange
2. Donation
3. Succession
4. Lease
5. Usufruct
C. Donation
1. Concept
2. Kinds
a) Simple
b) Remuneratory
c) Conditional
d) Onerous
e) Intervivos and Mortis Causa
3. Essential Elements of Donation
4. Capacity
5. Void Donations
6. Formalities
7. Effects of Donations and Limitations
8. Revocation and Reduction of Donations
D. Lease
1. Concept
2. Distinguished from Sale and Usufruct
3. Obligation of Lessor
4. Obligation of Lessee
5. Assignment of Lease
6. Sale of Lease property
7. Termination
8. RA No. 7652
9. Rent Control Acts (Batas Pambansa Blg. 877 and Republic Act Nos. 6643,
6828, 7644, 8437, 9161, 9341 and 9653)
E. Usufruct
1. Concept
2. Rights and Obligation of the Owner
3. Rights of the Usufructuary
4. Obligation of the Usufructuary
5. Extinguishment of Usufruct
V. ADVERSE POSSESSION AND ACQUISITIVE PRESCRIPTION
A. Concept of Adverse Possession
B. Prescription
1. Definition
2. Acquisitive Prescription
3. Extinctive Prescription
C. Conditions for Acquisition
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1.
2.
3.
4.
5.
6.

Actual Possession
Exclusive Possession
Open and Notorious Possession
Adverse and Hostile Possession
Possession under a claim of ownership
Possession after the Statutory Period
a) Real Property
b) Personal Property
D. Proving Adverse Possession
E. Rule upon Recovery of Possession by the Lawful Possessor
VI.INTERFERENCE TO PROPERTY (Trespass and Nuisance)
A. Distinguish Trespass from Nuisance
B. Trespass
C. Concept:
1. Causes of Action
2. Remedies in Trespass in Real Properties
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Civil Action for recovery of Possession
(1)Forceable Entry and Unlawful Detainer
(2)Accin Publiciana
(3)Civil Action Recovery of Ownership and Possession
(4)Writ of Possession
3. In Personal Property
a) Self Help (Art. 429, NCC)
b) Criminal Prosecution
c) Replevin
D. Nuisance
1. Concept
2. Nuisance according to the object or objects that it affects (Art. 695, NCC)
a) Public Nuisance
b) Private Nuisance
3. Nature
a) Nuisance per se
b) Nuisance per incidens
4. Easement against nuisance
5. Remedies
a) Prosecution under the Penal Code
b) Civil Action
c) Abatement of Public Nuisance without judicial proceeding
(1)District Health Office determines whether or not abatement without
judicial proceedings is the best remedy against a public nuisance
(Art. 702, NCC).
(2)By Private Persons (Art. 704, NCC)
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(3)Private Nuisance by Private Persons (Art. 706)

d) Torts
(1)Concept of Tort
(2)Private Nuisance as Tort
VII. LIMITATIONS OF OWNERSHIP
A. Injurious Use
B. Easements and Servitudes
1. In General
a) Definitions:
(1)Dominant Estate
(2)Servient Estate
b) Kinds of Easements
(1)Continuous or Discontinuous
(2)Apparent or Non-apparent
(3)Positive or Negative
(4)Legal and Voluntary
(5)Legal and Private Easements
c) Modes of Acquiring Easements
(1)By Prescription
(2)By Title
d) Rights and Obligations (Article 627-630, NCC)
(1)Dominant Estate
(2)Servient Estate
e) Extinguishment of Easements
f) Special Law: Presidential Decree No. 1096 (National Building Code of
the Philippines)
2. Easement of Right of Way
a) Articles 649 to 657 of the Civil Code
b) Definition - The right to pass through property owned by another. ROW
can be established by contract, by longstanding use or by law.
c) Compulsory Right of Way
d) Executive Order No. 621, s. 1980 (Amended EO 113, s. 1955)
3. Easement of Party Wall (Art. 658-666, NCC)
a) The easement of party wall shall be governed by the provisions of this
Title, by the local ordinances and customs insofar as they do not
conflict with the same, and by the rules of co- ownership (Art. 658,
NCC).
b) Presumption
c) Renunciation
d) Repairs
e) Use
4. Easement of Light and View
a) Right to Light:
b) Covered by Articles 667-673 of the NCC
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(1)General Rule (Art. 667, NCC)

(2)Two Meter Rule
(3)Exception to the Two Meter Rule
(4)How distance is measured:
(5)Covered by Chapter VII (Light and Ventilation) of the National
Building Code of the Philippines (Presidential Decree No. 1096)
c) Easement of Drainage of Buildings (Arts. 674-676, NCC)
(1)General Rule
(2)Easement of Drainage
(3)Section 904. Storm Drainage System (P.D. No.1096)
(4)Revised National Plumbing Code of the Philippines.
d) Easement on Distances (Articles 677-681, NCC)
(1)Meaning
(2)Construction near fortresses
(3)Building of improvements and structures that may do damage to
neighbouring estates
(4)Branches of trees extending and fruits falling over neighbouring
estates
e) Easement on Nuisance (Arts. 682-683, NCC)
f) Meaning
g) Least possible annoyance to the neighbourhood
h) Dangerous and ruinous buildings are also nuisances under P.D. 1096
5. Easement of Lateral and Subjacent support (Arts. 684-687)
a) Meaning in law
b) Subsidence
c) Excavations under the New Civil Code
d) Excavation under PD No. 1096
6. Easement relating to waters
a) Characterization of Water
(1)Diffuse surface water
(a)Common enemy rule
(b)Civil law rule
(c)Reasonable use
(2)Naturally flowing water
(a)Prior appropriation theory
(b)Natural flow theory
(c)Reasonable use
(3)Percolating water
(a)Definition
(b)Absolute theory
(c)Co-relative rights theory
(d)Reasonable use theory
(4)Articles 637-648 of the NCC
(a)General Rule
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(b)Easement of Aqueduct
(5)Three (3) meter Easement for Navigation
(6)Building of Dam for Diversion of Water
(7)Building of Dam for Diversion of Water
C. Private Ownership vs. The State
1. Police Power
a) Land Use Regulations/Zoning
(1)In General
(2)Land Use Regulation
(3)Zoning
(4)Laws on Land Use in the Philippines
b) Environmental Regulations
(1)Background
(2)Property and Ecology
(3)Theories
(4)Environmental Laws in the Philippines
2. Eminent Domain
3. Taxation

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