FUNDAMENTAL OF PROPERTY OWNERSHIP - 2

Definition of Property in the Civil Code- object is that which is, or

maybe, appropriated

Things distinguished from property thing broader in scope for

it includes both appropriable and non appropriable objects,
The planets, the stars, the sun- we cannot appropriate them.

CLASSIFICATIONOFTHINGS:

Res Nullius-(belongingtonoone)fishswimminginthesea,
wildbirds,pebbleslyingontheseashore.
Res Communes-(belongingtoeveryone)theiruseand
enjoymentaregiventoallmankind-examplepublicparks,the
airthatwebreathe,thewind,thesunlight.
Res Alicujus-theseareobjectstangibleandintangible,which
areownedprivately,eitherinacollectiveorindividualcapacity
andpreciselybecausetheycanbeowned,,theyreallyshould
beconsideredproperty-ex.Yourparcelofland.

Article 415.(Civil Code) The following are immovable

property:
1.)Land,building,roadandconstructionofallkindsadheredtothesoil;

2.)Trees,plants,andgrowingfruits,whiletheyareattachedtothelandorform

anintegralpartofanimmovable;

3.)Everythingattachedtoanimmovableinafixedmanner,insuchawaythat
itcannotbeseparatedtherefromwithoutbrakingthematerialor
deteriorationoftheobject;

4.)Statues,reliefs,paintings,orotherobjectsforuseorornamentation,place
inbuildingsoronlandsbytheowneroftheimmovableinsuchamanner
thatitrevealstheintentiontoattachedthempermanentlytothetenements;
5)Machinery,receptacles,instruments,andorimplementsintendedbythe
ownerofThetenementforanindustryorworkswhichmaybecarriedonin
abuildingoronApieceofland,andwhichtenddirectlytomeettheneedsof
thesaidindustryorworks;

6.)Animalhouses,pigeons-houses,beehive,fishponds,orbreedingplacesof
similarnature,incasetheirownerhasplacedthemorpreservethemwiththe
intentiontohavethempermanentlyattachedtotheland,andforminga
permanentpartofit;theanimalsintheseplacesareincluded;

7.)Fertilizeractuallyusedonapieceofland;

8)Mines,quarries,andslagdumps,whilethematterthereofformspartofthe
bed,andwaterseitherrunningorstagnant;

9.)Docksandstructureswhich,thoughfloating,areintendedbytheirnatureand
objecttoremainatafixedplaceonariver,lake,orcoast;

10.)Contractsforpublicworks,andservitudeandotherrealrightsover
immovableproperty.

Academic Classification of Real Properties

a) Real property by nature (like trees and plants)

b) Real properties by incorporation (like a building)

c) Real property by destination or purpose (like machinery

placed by the owner of a tenement on it for direct use in an
industry to be carried on therein)

d) Real property by analogy (like the right to usufruct, or a

contract for public works, or easements and servitudes,

Section. 3 of RESA
defines:
a) Real Estates refers to the land and all those items which are
attached
to the land. It is the physical, tangible entity, together with all the
additions and improvements on, above or below the ground.

b) Real Estates development project means the development of land

for
residential, commercial, industrial, agricultural, institutional, or
recreational purposes, or any combination of such including, but not
limited to tourist resorts, reclamation projects, building or housing
projects, whether for individual or condominium ownership,
memorial
parks and other of similar nature.

c) real estates developer refers to any natural or juridical person

engaged in the business of developing real estate development
project for his/her or its own account and offering them for sale or
lease.

d) Real property includes all rights, interest and benefits related to

CLASSIFICATION OF PROPERTY:
a) Immovable or real property land
b) Ownership
1. public dominion (like rivers, plaza)
2. private dominion owning a parcel of land
c) Alienability
1. Within the commerce of men (or maybe the objects of
contracts or judicial transactions
2. Outside the commerce of men (forest land, parks,)

Article 420. The following things are property of public dominion:

1. Thoseintendedforpublicuse,suchasroads,canals,rivers,torrents,portsandbridges
constructedbythestate,banks,shores,roadsteadsandothersimilarcharacter.
2. ThosewhichbelongtotheState,withoutbeingforpublicuse,andareintendedforsome
publicserviceorthedevelopmentofnationalwealth.

Article 421 All other property of the State, which is not the character stated in the
preceding article , is patrimonial property

OWNERSHIP

Article 427. Ownership may be exercised over things or rights

Ownershipistheindependentandgeneralrightofapersontocontrolathing
particularlyinhispossession,enjoyment,disposition,andrecovery,subjecttono
restrictionsexceptthoseimposedbytheStateorprivatepersons,withoutprejudicetothe
provisionofthethelaw.

KINDS OF OWNERSHIP :
a) Full ownership- (dominion or jus in re propia- this includes all the
rights of an owner
b) Naked Ownership plus usufruct full ownership
c) Usufruct equals full ownership minus naked
ownership
d) Naked ownership equals full ownership minus
usufruct
e) Sole ownership- where ownership is vested only in one
person
f) Co-ownership- where the ownership is vested in two or more
owners

Article 428. The owner has the right to enjoy and dispose of a thing, without
other limitations than those established by law
The owner has also a right of action against the holder and possessor of the
thing in order to recover it.

Rights of an owner under the Civil Code

a) the right to enjoy
b) the right to dispose
c) the right to recover or vindicate
The right to enjoy includes
a) the right to possess
b) the right to use
c) the right to the fruits

The right to dispose includes:

a) the right to consume or destroy or abuse
b) the right to encumber or alienate

Rights of an Owner under Roman LAW

a) jus possidendi the right to possess
b) jus utendi the right to use
c) jus fruendi the right to the fruits
d) jus abutendi- the right to consume (and also to transform or abuse)
e) jus disponendi-the right to dispose
f) jus vindicandi- the right to recover
REMEDIES TO RECOVER REAL PROPERTY
Forcible entry
Unlawful detainer
Accion publiciana
Accion reinvidicatoria
The right of Ownership Not Absolute
The welfare of the people is the supreme law Salus populi est suprema lix
Example: destroy a house so that fire would not spread
Use your property so as not to impair the right of others
Example: To prohibit structure offensive to sight


Limitations imposed by the State: Police power, Power of Taxation, Power
of Eminent Domain

Limitations imposed by the Law the legal easement of waters, the legal
easement of right of way

Limitation imposed by the owner when the Owner leases his property to
another, said owner in the meantime cannot physically occupy the
premises; when the owner pledges his personal property he has in the
meantime to surrender its possession

Limitations imposed by the grantor- the donor may prohibit the dones from
partitioning the property for a period not exceeding twenty (20 ) years

Article 429 The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably necessary to repel
or prevent an actual or threatened unlawful physical invasion or
usurpation of his property

DOCTRINEOFSELFHELP
ARTICLE430Everyownermayencloseorfencehislandortenementsbymeans
ofwalls,ditches,liveordeadhedges,orbyanyothermeanswithoutdetrimentto
servitudesconstitutedthereon.

ARTICLE431.Theownerofathingcannotmakeusethereofinsuchmannerasto
injuretherightsofathirdperson.

RecoursetoJudicialProcess

Thetrueownerhastoresorttojudicialprocesstorecoverhisproperty,onlyifthe
possessordoesnotwanttosurrenderthepropertytohim,afterproperrequestor
demandhasbeenmade.Judicialprocessmustthenbehadtopreventdisturbances
ofthepeace

ARTICLE435.Nopersonshallbedeprivedofhispropertyexceptbycompetent
authorityandforpublicuseandalwaysuponpaymentofjustcompensation.

Shouldthisrequirementbenotfirstcompliedwith,thecourtsshallprotectand,ina
propercase,restoretheownerinhispossession

Justcompensation=afairandfullequivalentvalueofthelosssustained

SaleVoluntary

Expropriation-Involuntary

ARTICLE436.Whenanypropertyiscondemnedorseizedbycompetentauthority
intheinterestofhealthy,safetyorsecurity,theownerthereofshallnotbeentitled
tocompensation,unlesshecanshowthatsuchcondemnationorseizureis
unjustified

AbatementofNuisances:

a)Publicnuisancethatwhichaffectsacommunityoraconsiderable
memberofpersons
b)Privatenuisance
c)Nuisanceperse-nuisanceunderallcircumstances
e)Nuisanceperaccidents-nuisanceonlyundercertaincircumstances,

likeafactory,situatedinaresidentialdistrict

RIGHT OF ACCESSION
Article 440. The ownership of property gives the right by accession to
everything which is produced thereby, or which is incorporated or attached
thereto, either naturally or artificially

Accession is the right of a property owner to everything which is

a) produced thereby
b) or which is incorporated or attached thereto either naturally or
artificially
1) natural accession
2) artificial accession

Accession discrete (to the fruits)

1) natural fruits
2) industrial fruits
3)civil fruits

With reference to real property

a) accession industrial
1)Building
2)planting
3)sowing

Industrial fruits are those produced by lands of any kind through

cultivation or labor

b)accession natural
1) alluvium
b) avulsion
c) change of course of rivers
d) formation of island

Civil fruits are the rents of buildings, the price of leases of lands
and other property

Article 445. Whatever us build, planted or sown on the land of another

and the improvements or repairs made thereon, belong to the owner
of the land, subject to the provisions of the following articles

If a landowner upon whose land grows a tree with branches

extending to the neighboring tenement, decides to cut down the tree,
and thus deprive his neighbor of whatever advantages the branches
afforded the neighbor (such as for shade purposes) he is not required
to pay his neighbor any indemnity occasioned by the loss of the
branches for he merely cuts down what is his, by the principle of
accessories

Article 457. To the owners of lands adjoining the banks of rivers

belong the accretion which they gradually receive from the effects of
the current of the waters

ALLUVIUM is the soil deposited or added to the lands

adjoining the banks of rivers, and gradually received as an
effect of the current of the waters,

By Law, the accretion is owned by the owner of the estate

fronting the river bank (riparian owner)

Difference between ALLUVIUM and ACCRETION

Accretion is the process whereby the soil is deposited

Alluvium- is the soil deposited on the estate fronting the river

bank, the owner of such estate is the riparian owner

Failure to register the acquired alluvial deposit by accretion for

a period of 30 years subjects said accretion to acquisition thru
prescription by third persons.

GUIZON V. CITY OF MANILA

Ahousenearariverwasenclosedbyahighwallwhichprotectedtheestate.
Should the alluvium immediately outside the wall belong to the owner of the
house?

Held: No, the alluvium here does not belong to the owner of the house or land
becausethereasonwhyalluviumisallowedbythelawdoesnotexisthere.The
presence of the wall hardly makes possible any loss from the waters that the
estatemaysuffer.Hence,thealluviumcannotbegiventotheowneroftheestate.

Accreationsonthebankofalake,likeLagunadeBay,belongtotheownersof
theestatetowhichtheyhavebeenadded.

Lakeshorelandorlandsadjacenttothelakemustbedifferentiatedfromforeshore
landorthatpartofthelandadjacenttotheseawhichisalternatelycoveredand
leftdrybytheordinaryflowofthetides.Suchdistinctiondrawsimportancefrom
thefactthataccretiononthebankofalake,belongtotheownersoftheestate
to which they have been added, while accretion on a sea bank still belongs to
the;publicdomain,andisnotavailableforprivateownership.

ItisthusclearthatifaportionoflandprotectedbyaTorrensCertificateofTitleis
lost by avulsion, the registered owner is NOT protected by the registration: he
losessaidportion.Upontheotherhand,analluvialdepositdoesnotautomatically
becomeregisteredlandsimplybecausethelotwhichreceivesitiscoveredbya
TorrensTitle.Althoughtheownerofthelandonwhichthealluvialdepositismade
becomesautomaticallytheownerofsaiddeposit,thelawnotrequiringanyactof
possession on his part from the moment the deposit becomes manifest, still
ownership of apiece of land is one thing, and registration under the Torrens
Systemoftheownershipisquiteanother,Ownershipovertheaccretionreceived
is governed by the Civil Code. Imprescriptibility of registered land is provided in
the registration law.. In order that said alluvial property may be entitled to the
protectionofimprescriptibility,thesamemustbeplacedundertheoperationofthe
Land Registration Law.An unregistered alluvial property istherefore subjectto
acquisitionthroughprescriptionbythirdpersons.UV

Article 458. The owner of estates adjoining ponds or lagoons do not

acquire the land left dry by the natural decrease of the waters, or lose
that inundated by them in extraordinary floods

Art.459. Whenever the current of a river, creek or torrent segregates

from an estate on its bank a known portion of land and transfers it to
another estate, the owner of the land to which the segregated portion
belonged retains the ownership of it, provided that he removed the same
within two years.
This article treats of avulsion

Distinctions Between Alluvium and Avulsion

ALLUVIUM
AVULSION

1.) the deposit of the soil here is gradual 1.) the sudden or abrupt
process may be seen
2.) soil cannot be identified
2.) identifiable or verifiable
3.) belongs to owner of property to 3.) belongs to owner from whose

Art.482.Ifabuilding,wall,column,oranyotherconstructionisindanger
offalling,theownershallbeobligedtodemolishitorexecutethenecessary
workinordertopreventitfromfalling.

Iftheproprietordoesnotcomplywiththisobligation,theadministrative
authoritiesmayorderthedemolitionofthestructureattheexpenseofthe
owner,ortakemeasurestoinsurepublicsafety.

Art.484.Thereisco-ownershipwhenevertheownershipofanundivided
thingorrightbelongstodifferentpersons.

Indefaultofcontracts,orofspecialprovisions,co-ownershipshallbe
governedbytheprovisionsofthisTitle.

MODES OF ACQUIRING OWNERSHIP

Succession
Occupation
Law
Tradition as a consequence of certain contracts (like
the contracts of sale, barter, assignment, simple loan
or mutuum

Intellectual Creation
Donation
Prescription

Successionisamodeofacquisitionbyvirtueofwhichtheproperty,rightsandobligationsto
the extent of the value of the inheritance, of a person are transmitted through his death to
anotherorotherseitherbyhiswillorbyoperationoflaw.

Decedentisthegeneraltermappliedtothepersonwhosepropertyistransmittedthrough
succession,whetherornotheleftawill.Ifheleftawill,heiscalledthetestator.

Therightstothesuccessionaretransmittedfromthemomentofthedeathofthedecedent

Anheirisapersoncalledtothesuccessioneitherbytheprovisionofawillorbyoperationof
law.

Devisees and legates arepersonstowhomgiftsofrealandpersonalarerespectivelygiven

byvirtueofawill.

Willisanactwherebyapersonispermitted,withtheformalitiespersecutedbylaw,tocontrol
toacertaindegreethedispositionofhisestate,totakeeffectafterhisdeath.

2 Kinds of Will:

1.)Notarialwill
2.)HolographicWill

Notarial will with 3 credible witnesses the presence of the testator and of one another
Attestationclauseacknowledgedbeforeanotarypublicbythetestatorandthe3witnesses

Holographic will entirelywritten,datedandsignedbythehandofthetestatorhimself.Need

nottobewitnessed.

Occupationthingsappropriablebynaturewhicharewithoutanowner,suchasanimalsthat
arethe objectofhunting and fishing,hidden treasure and abandonedmovables areacquired
byoccupation

Propertyseizedmustbepersonalproperty

Theownershipofapieceoflandcannotbeacquiredbyoccupation

Byintellectualcreation,thefollowingpersonsacquireownership:

1.Theauthorwithregardtohisliterary,dramatic,historical,legal,philosophical,scientificor
otherworks
2.Thecomposer,astohismusicalcomposition
3.Thepainter,sculptor,orotherartistwithrespecttotheproductsofhisart
4.Thescientificortechnologistoranyotherpersonwithregardtohisdiscoveringorinvention

Law(accession,fruitsnaturallyfallingonadjacentland)

Itisunderstoodthatthelawisconsideredinsomeothermodeslikesuccession
ortradition,butthesearealsocaseswhereownershipisgivenindependentlyof
othermode.

ExampleofacquisitionbyoperationoflawwasgivenbytheSupremeCourtin
the case of Mesina vs Pineda Vda. de Senza, et al, L-14722, May 25 1960,
whereitheldthatwhereapersonbyhimselfonthruhispredecessors-in-interest
has been in O pen, Continuous, Exclusive and Notorious possession of
agriculturallandsofthepublicdomain,underabonafideclaimofownership,for
atleast30years,heisdeemedtohavealreadyacquiredbyoperationoflaw

Tradition as a consequence of certain contracts of sale, barter, assignment,

simpleloanorMutuum
Aperfectedsaledoesnottransmitownership,itisthedeliveryontraditionwhich
conveysownership

Donationisanactoflibertywherebyapersondisposesgratuitouslyofathingor
rightinfavorofanother,whoacceptsit.

Whenthedonorintendsthatthedonationshalltakeeffectduringthelifetimeofthedonor,
though the property shall not be delivered till after the donors death, this shall be a
donation inter vivos. The fruits of the property from the time of the acceptance of the
donation,shallpertaintothedonee,unlessthedonorprovidesotherwise.

The donation is perfected from the moment the donor knows of the acceptance by the
donee.

Thefollowingdonationsshallbevoid:
1)Thosemadebetweenpersonswhoareguiltyofadulteryorconcubinageatthetimeof
thedonation
2)Thosemadebetweenpersonsfoundguiltyofthesamecriminaloffense,inconsideration
thereof;
3)Thosemadetoapublicofficerorhiswife,descendantsandascendants,byreasonof
hisoffice.
InthecasereferredtoinNo.1,theactionfordeclarationofnullitymaybebroughtbythe
spouses of the donor or donee; the guilt of the donor and donee may be proved by
preponderanceofevidenceinthesameaction.

Minorsand otherswhocannotenterintoacontractmaybecomedoneesbutacceptance
shallbedonethroughtheirparentsorlegalrepresentatives.

Acceptancemustbemadeduringthelifetimeofthedonorandofthedonee.

Inorderthatthedonationofanimmovablemaybevalid,itmustbemadeina
publicdocument,specifyingthereinthepropertydonatedandthevalueofthe
chargeswhichthedoneemustsatisfy.Theacceptancemaybemadeinthe
samedeedofdonationorinaseparatepublicdocument,butitshallnottake
effect unless it is done during the lifetime of the donor. If the acceptance is
made in a separate instrument, the donor shall be notified thereof in an
authenticform,andthisstepshallbenotedinbothinstruments.

For the purposes of prescription, just title must be proved; it is never

presumed.

Ownership and other real rights over immovable property are acquired by
ordinaryprescriptionthroughpossessionoftenyears.

Ownership and other real rights over immovable also prescribe through
uninterruptedadversepossessionthereoffor30years,withoutneedoftitleor
ofgoodfaith.

Easement Defined.

It is an encumbrance impose upon an immovable for the

benefit of a community on one or more persons or for the
benefit of another immovable belonging to a different owner

Example: the right of way across anothers land.

The immovable in favor of which the easement is established

is called the dominant estate, that which is subject thereto,
the servient estate.

Thank
you!