HIGHLIGHTS OF READING ASSIGNMENT

CIVIL LAW REVIEW I, November 14, 2020

A. Surface Right of an Owner

                1. Art. 437 –The owner of a piece of land owns also its surface up to the boundaries of the land
with the right to make thereon allowable constructions, plantings and excavations.

                2. Regalian Doctrine – ownership of mines and natural resources must be observed,  All mines
discovered underneath the land  should belong to public dominion. (The Constitution and Mining Law)

B.   Hidden Treasure

                1. General rule – hidden treasure belongs to the owner of the land, building or other property 
on which it is found )Art/ 438)

                2. Exception – when the discovery is made by another by chance , ½  goes to the finder.

                3. Exception to exception – when  the finder is a trespasser, he is not entitled to any share of
the            treasure

                4.  Rule if finder or owner is married – the share of the hidden treasure  which the law awards
to              the finder or owner belongs to the conjugal partnership.

C. General Provisions on Accession

                1. Definition of Accession – is the right of an owner of a thing to the products of said thing as     
well as to whatever is inseparably attached thereto as an accessory.

                2. Classification of Accession

                                a. accession discreta (to the fruits) – see definition under Art. 441

                                b. accession continua (attachment or incorporation)

                3. See classification of accession continua with reference to real property:

                                a. accession industrial –

                                                i)  building

                                                ii) planting

                                                ii) sowing

                                b. accession natural

                                                i) alluvium

                                                ii) avulsion

                                                iii) change of course of rivers

                                                iv) formation of islands 

D. Accession with respect to Immovable Property

                1. General rule – Whatever is built, planted or sown on the land of anther and the          
improvements or repairs made thereon belong to the owner of the land. (Art. 445)

E.  Parties where 1) the Owner of the Land plants, builds or sows with the materials of another and 2)
Owner of the Materials (Art. 447)

                1. Rights and Obligations of the Owner of the Land

                           a. . If the landowner is in good faith – he shall pay the value of the materials and
becomes owner of the materials

                           b. if the landowner is in bad faith – he must pay their value PLUS damages and becomes
of owner of the materials                                                                                                

                2. Rights and Obligations of the Owner of the Materials

                        a.  if the landowner is in good faith, the owner of the materials is entitled to

                                    i) reimbursement

                                  ii) RELATIVE removal (provided, no substantial injury is caused)

                        b. if the landowner is in bad faith, the owner of the materials is entitled to –

         i) ABSOLUTE right of removal PLUS damages I(whether or not substantial injury
is caused

                                  ii) reimbursement PLUS damages

F. Parties where 1) Owner of  the land, on which anything has been planted, built or sown and 2) the
person who built, planted or sowed (the planter, builder or sower)

                1. Options of the Owner on which a Person built, planted or sowed in good faith

                          a. the right to appropriate for himself what has been built, planted or sowed upon
payment of the proper indemnity; or

                         b.  to compel the builder, planter or sower to buy the land –

                                 EXCEPTION – when the land is considerably MORE than the value of what has been
built, planted or sown, in which case, RENT shall be paid.

G. Builder, Planter or Sower in Bad Faith

                1. General Rule -The builder, planter or sower who is in BAD FAITH -  LOSES what is built,
planted              or sown WITHOUT right to indemnity (Art. 449)
 H. Summary of Rules where the Builder, Planter or Sower is in Bad Faith and Owner is in Good Faith -

                1. If the builder is in bad faith and the owner is in good faith , the owner has three (3) options –

                          a. the owner gets the improvement WITHOUT paying any indemnity for its value , but he
is obliged to pay the NECESSARY EXPENSES for preservation of the land PLUS damages
(Arts.    449, 451and 453)

                          b. the owner may demand DEMOLITION of the improvement at the builder’s expense
PLUS damages (Arts. 450 and 451)

                         c. the owner can compel the builder  to BUY the land, whether or not the value of the
land is considerably more than the value of the improvement PLUS damages                                              
(Arts. 450 and 451)

I.  Forms of Accession Natural

                1. Forms of accession natural –

                                a. alluvium            c. change of course of rivers

                                b. avulsion             d.  formation of islands

                2. Definition of Allvuium -   It is the soil deposited or added to the lands adjoining the banks of  
rivers  and GRADUALLY received as an effect of the CURRENT of rivers.

                3.  Ownership of the Accretion

                     a.  alluvium – to the owners of the land adjoining the banks of the river (Art. 457)

                     b. avulsion – the owner of the land to which the segregated portion had belonged
RETAINS  the ownership of the known segregated portion (Art. 459)

                   c.. Change of course of rivers – the abandoned river beds ipso facto belong to the
owners of the lands whose lands are occupied by the new course in proportion to the
area lost (Art. 461)

                    d. Formation of Islands –

                                i) islands -   formed on the territorial waters (seas, lakes and on navigable or
floatable rivers) within the jurisdiction of the Philippines belong to the State

J. Quieting of Title

                1. Definition and Elements of Quieting of Title (Art. 476)

                                a. whenever there is a cloud on title to real property or any interest therein,

                                b. by reason of any instrument, record, claim or encumbrance or proceeding which is

apparently valid or effective, but is in truth and in fact invalid, ineffective, voidable or                                   
unenforceable

                                c. and which may be prejudicial to said title

                                d. an action may be brought to remove such cloud or quiet the title

                2. See examples under Comment no. 3,  d

                3. Necessity of title of the plaintiff (Art. 477)  - the plaintiff must have legal or equitable title to
or              interest in the real property which is the subject matter of the action.