Professional Documents
Culture Documents
Property
PROPERTY
that which
appropriated
is,
THING
broader
in
scope for it
includes
both
appropriable
and
nonappropriable
objects
ex. The planets,
the stars, the
sun
or
may
be,
PROPERTY
includes only
appropriable
objects
involves not
only material
objects but
also
intangible
things,
like
rights
or
credits.
Classification of Things
There are three kinds of things, depending
on the nature of their ownership: (KEY:
NES)
1) res nullius (belonging to no one)
2) res
communes
(belonging
to
everyone)
3) res alicujus (belonging to someone)
Res Nullius
things belong to no one
reason: they have not yet been
appropriated
Example:
o fish still swimming in the
ocean
o wild animals
o wild birds
o pebbles lying on the shore
Res Communes
owned by everybody
reason: their use and enjoyment
are given to all of mankind
Example:
o air we breathe
o the wind
o sunlight
o starlight
Res Alicujus
Classification of Property
a) Mobility and non-mobility
1) Movable
or
personal
property (like a car)
2) Immovable or real property
(like land)
b) Ownership
1) Public
dominion
of
ownership (like rivers)
2) Private
dominion
of
ownership (like a fountain
pen)
c) Alienability
1) within the commerce of
man (or which may be the
objects of contracts or
judicial transactions)
2) outside the commerce of
man (like prohibited drugs)
d) Existence
1) Present
property
(res
existents)
2) Future
property
(res
futurae)
Note: Both present and
future property, like a
harvest, may be the subject
of sale but generally not the
subject of a donation
e) Materiality or Immateriality
1) Tangible
or
corporeal
(objects which can be seen
or touched, like the paper
on which is printed a P1,000
Bangko Sentral Note)
2) Intangible or incorporeal
(rights or credits, like the
credit represented by a
P1,000
Bangko
Sentral
Note)
Page 1 of 36
BULATE NOTES
Property
Examples:
a) In general, a donation of real
property, like land, must be in a
public instrument, otherwise the
alienation will not be valid even as
between the parties to the
transaction. (Art. 749). Upon the
other hand, the donation of an Audi
automobile, worth let us say, P1.8
million, needs only to be in a
private instrument.
b) The ownership of real property may
be
acquired
by
prescription
although there is bad faith, in thirty
(30) years (Art. 1137); whereas,
acquisition in bad faith of personal
property needs only eight (8)
years. (Art. 1132).
c) Generally, to affect third persons,
transactions involving real property
must be recorded in the Registry of
Property; this is not so in the case
of personal property.
Incompleteness of the Classification
CONVERSION
the act of changing
the current use of
a
piece
of
agricultural
land
into some other use
as approved by
the
Dept.
of
Page 2 of 36
BULATE NOTES
Property
agricultural
uses such as
residential,
industrial, or
commercial
as
embodied in
the land use
plan, subject
to
the
requirement
s
and
procedures
for land use
conversion
does
not
automaticall
y allow a
landowner to
change
its
use
and,
thus, cause
the
ejectment of
the tenants
he has to
undergo the
process
of
conversion
before he is
permitted to
use
the
agricultural
land
for
other
purposes.
Agrarian
(DAR)
Reform
IMMOVABLE PROPERTY
Art.
415.
The
following
immovable property:
are
Page 3 of 36
BULATE NOTES
Property
9) Docks and structures which,
though floating, are intended
by their nature and object to
remain at a fixed place on a
river, lake, or coast;
10)
Contracts
for
public
works, and servitudes and
other
real
rights
over
immovable property.
Definition of Immovable Property
The law does not define what
properties are immovable; they are
merely enumerated
the enumeration given in Art. 415
does not give an absolute criterion
as to which properties are real, and
which are personal
Academic
Classification
Properties (KEY : NIDA)
of
Real
o
o
considered
immovable
provided they are more or
less
of
a
permanent
structure,
substantially
adhering to the land, and
not mere superimpositions
on the land like barongbarongs or quonset fixtures
and provided there is the
intent
of
permanent
annexation
the law on this point does
not distinguish as to who
built or owns the building
the inclusion of building,
separate and distinct from
the land, in Art. 415, can
only mean that a building is
by itself an immovable
property
the general rule is that
mortgage on a building is a
real estate mortgage, and
not a mortgage on a chattel
(personal property) or a
chattel mortgage
the nature of the building as
real property does not
depend on the way the
parties deal with it
A dismantled house and/or
materials of such house
should be regarded as
personal properties
Question:
May a house built on rented land
be the object of a mortgage?
Answer:
Yes, in a real mortgage (real estate
mortgage). It may even be the subject of a
chattel mortgage provided two conditions
are present namely :
1) that the parties to the contract
so agree, and
2) no innocent third party will be
prejudiced
Note: if a chattel mortgage, duly
registered, is made on a building, and
subsequently a real mortgage is made on
the land and the building, it is the real
Page 4 of 36
BULATE NOTES
Property
mortgage, not the chattel mortgage which
should be preferred
Paragraph 2: Trees, plants and
growing
crops,
while
they
are
attached to the land or form an
integral part of an immovable.
Trees and Plants
o No matter what their size may
be, trees and plants are
considered real property
by nature if they are the
spontaneous products of
the soil
by incorporation, if they
were planted thru labor
o the moment they are detached
or uprooted from the land, they
become personal property
EXCEPTION: in the case of
uprooted timber, if the land is
timber land
Reason: although no longer
attached,
the timber still forms an
integral part of the timber
land immovable
o trees blown by a typhoon still
remain part of the land upon
which they rest, and should be
considered real property
Growing Crops on Ones Own Land
o by express codal provisions, are
considered real property by
incorporation
o under the chattel mortgage
law, growing crops may be
considered
as
personal
property, and may thus be the
subject of a chattel mortgage
o a sale of growing crops should
be considered a sale of
personal property
Reason: when the crops are
sold, it is understood that
they are to be gathered
o coconut trees remain real
property even if sold separate
and apart from the land on
which they grow as long as
Paragraph 4
1) can
be
separated
from
immovable
without
breaking or
deterioration
2) must
be
placed
by
the
owner,
or by his
agent,
express
or
implied
3) real property
by
incorporatio
n
and
destination
Page 5 of 36
BULATE NOTES
Property
Question:
Suppose the properties referred to
in paragraph 3 are temporarily removed,
but there is an intention to replace them,
should they be considered real or personal
property?
Answer:
They should be regarded as
personal property inasmuch as the
incorporation has ceased
Paragraph
4:
Statues,
reliefs,
paintings or other objects for use or
ornamentation, placed in buildings or
on land by the owner of the
immovable in such a manner that it
reveals the intention to attach them
permanently to the tenements.
Examples:
a) A fixed statue in the garden of a
house;
b)
a permanent painting on the
ceiling;
c) a picture embedded in the concrete
walls of a house;
d) a rug or carpet fastened to the
floor, as in the case of wall to wall
carpeting
Essential Requisites
1) The placing must be made by the
owner of the tenement, his agent,
or
duly
authorized
legal
representative;
2) The industry or works must be
carried on in the building or on the
land;
3) The machines, etc., must tend
directly to meet the needs of said
industry or works;
4) The machines must be essential
and principal elements in the
industry, and not merely incidental
Page 6 of 36
BULATE NOTES
Property
machinery on the tenement at the
end of the lease, or when he acted
only as agent of the owner of the
land.]. (Valdez v.Central)
Paragraph 6: Animal houses, pigeonhouses,
beehives,
fishponds
or
breeding places of similar nature, in
case their owner has placed them or
preserves them with the intention to
have them permanently attached to
the land, and forming a permanent
part of it; the animals in these places
are included.
Page 7 of 36
BULATE NOTES
Property
Is
the
steamship
President
Cleveland personal or real property?
Answer:
It can be moved from place to
place, hence, it is personal property,
although it PARTAKES THE NATURE of real
property in view of its importance in the
world of commerce
Paragraph 10: Contracts for public
works, and servitudes and other real
rights over immovable property.
For Par. 1
a) A fountain pen;
b) A piano;
c) Animals
For Par. 2
a) Growing crops for the purpose of
Chattel Mortgage Law
b) Machinery placed on a tenement
by a tenant who did not act as the
agent of the tenement owner.
For Par. 3
a) Electricity
b) Gas
c) Light
d) Nitrogen
For Par. 4
a) machinery not attached to land nor
needed for the carrying on of an
industry conducted therein;
b) portable radio;
c) laptop computer;
d) a diploma hanging on the wall
Three Tests to Determine whether
Property Is Movable or Immovable
1) If the property is capable of being
carried from place to place (test by
description);
2) If such change in location can be
made without injuring the real
property to which it may in the
meantime be attached (test by
description); and
3) If the object is not one of those
enumerated or included in Art. 415
(test by exclusion)
Conclusion:
the
personal property
property
is
Page 8 of 36
BULATE NOTES
Property
Art. 417. The following are also
considered as personal property:
1) Obligations and actions which
have for their object movables
or demandable sums; and
2) Shares of stock of agricultural,
commercial
and
industrial
entities, although they may
have real estate.
Other Kinds of Personal Property
Paragraph
1:
Obligations
and
actions which have for their object
movables or demandable sums.
Examples:
If somebody steals my car, my
right to bring an action to recover
the
automobile
is
personal
property by itself.
If my debtor owes me P1 million,
my credit as well as my right to
collect by judicial action is also
personal property.
A promissory note is personal
property;
the right to collect it is also
personal property;
EXCEPTION: a mortgage on real
estate is real property by
analogy
Paragraph 2: Shares of stock of
agricultural,
commercial,
and
industrial entities, although they may
have real estate.
Examples:
A share of stock in a gold mining
corporation is personal property;
EXCEPTION: the gold mine itself, as
well as any land of the corporation,
is regarded as real property by the
law
The certificate itself evidencing
ownership of the share, as well as
the share itself, is regarded as
personal property.
and
Non-Consumable
Consumable
this cannot be used according to its
nature without its being consumed
Non-consumable
any other kind of movable property
Classification and Examples
According to their nature:
a) consumable
b) non-consumable
According to the intention of the parties:
a) fungible (res fungibles)
b) non-fungible (res nec fungibles)
Explanation:
1) If it is agreed that the identical
thing be returned, it is nonfungible, even though by nature it
is consumable.
Example: If I borrow a sack of rice,
not for consumption but for display
or
exhibition
merely
(ad
ostentationem),
the
rice
is
considered non-fungible.
2)
Page 9 of 36
BULATE NOTES
Property
PROPERTY IN RELATION TO
PERSON TO WHOM IT BELONGS
THE
According
to
that
Page 10 of 36
BULATE NOTES
Property
j)
by
Some definitions:
Shore: that space alternately covered and
uncovered by the movement of the tide
Torrent: that amount of water which in
case of heavy rains gathers in deep places
or canals where it is supposed to flow
afterwards
Page 11 of 36
BULATE NOTES
Property
Government
Lands
broader in scope,
and may be said to
include also those
lands devoted to
public use or public
service, as well as
public lands before
and after they are
made available for
private
appropriation,
and also patrimonial
lands
Public Lands
are merely a part of
government
lands.
Other
Examples
of
Patrimonial
Property
a) Friar lands
b) The San Lorenzo Estate
c) Properties
obtained
by
the
Government
in
escheat
proceedings (as when there is no
other legal heir of a decedent), or
those inherited by or donated to
the Government
Rents of buildings owned by
the State would also come
under this classification
d) A municipal-owned waterworks
system is patrimonial in character,
for while such a system is open to
the public (in this sense, it is public
service), still the system serves
only those who pay the charges or
rentals (thus, the system is
PROPRIETARY)
Acquisition of Patrimonial Properties
thru Prescription
Page 12 of 36
BULATE NOTES
Property
establishment of special industries
or for Coast Guard Service
o If no such declaration has
been
made
by
said
departments, the lot in
question forms part of the
public domain
o until there is made a formal
declaration on the part of
the Government thru the
executive department or the
legislature, the parcel in
question continues to be
part of the public domain,
and cannot be subject to
acquisitive prescription
Public Use
When
the
municipality
devotes
donated
land to the erection
thereon
of
the
municipal building,
courthouse, public
school, or public
market
Patrimonial
When
it
allows
private
persons to build on
it,
and
merely
collects the rentals
on the land
Conversion to Patrimonial
Page 13 of 36
BULATE NOTES
Property
public service paid for by said
provinces, cities, or municipalities.
All other property possessed
by any of them is patrimonial and
shall be governed by this Code,
without prejudice to the provisions of
special laws.
Page 14 of 36
BULATE NOTES
Property
Art.
425.
Property
of
private
ownership, besides the patrimonial
property of the State, provinces,
cities, and municipalities, consists of
all property belonging to private
persons,
either
individually
or
collectively.
Private
Properties
Patrimonial
Other
than
Collective Ownership
by
Private
Ownership of Roads
Possession
Improvements Introduced by
Japanese
Occupation
Forces
Private Lands
the
on
Page 15 of 36
BULATE NOTES
Property
private person, the true owner of
the car may recover same from the
buyer.
Ownership Evidenced by a Torrens
Title
Acquisition by Aliens
used
synonymously
with
furniture.
furniture has generally for its
principal object the furnishing or
ornamenting of a building
Note the enumerations of things
which are not included in the term
furniture.
Some Questions
a) A told B, Ill give you my
furniture. Does this include books
and bookcases?
Answer: The books, no; the
bookcases, yes. (Art. 426, 2nd par.)
b) A told B, Ill give you my furniture,
including my stocks and horses.
Are
the
stocks
and
horses
included?
Answer: Yes, in view of the express
declaration to that effect. (Art.
426).
Title II. OWNERSHIP
Chapter 1
OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised
over things or rights.
Ownership Defined
Page 16 of 36
BULATE NOTES
Property
Kinds of Ownership
1) Full ownership (dominium or jus in
re propia)
o This includes all the rights
of an owner
2) Naked ownership (nuda proprietas)
this is ownership
o where the right to the use
and the fruits has been
denied.
NOTE:
a) Naked ownership plus usufruct
equals full ownership
b) Usufruct equals full ownership
minus naked ownership
c) Naked ownership equals full
ownership minus usufruct
3) Sole ownership
o the ownership is vested in
only one person
4) Co-ownership
(or
Tenancy
in
Common)
o the ownership is vested in
two or more owners
o The
concept
of
coownership is unity of the
property, and plurality of
the subjects. Each coowner, together with the
other co-owners, is the
owner of the whole, and at
the same time, the owner of
an undivided aliquot part
thereof.
Possessory Information
An
informacion
possessoria
(possessory
information)
duly
recorded in the Registry of Property
is prima facie evidence that the
registered possessor is also the
owner of the land involved.
Page 17 of 36
BULATE NOTES
Property
Jus Possidendi
Jus Utendi
Jus Abutendi
Page 18 of 36
BULATE NOTES
Property
compulsory
heirs
of
their
rightful legitime, he may be
declared
a
spendthrift
or
prodigal
Jus Disponendi
disputable
presumption
of
ownership. The true owner must
then resort to judicial process for
the recovery of the property. (Art.
433).
In other words, the true owner
must not take the law into his own
hands.
Actions to Recover
a) Recovery of Personal Property
o The proper action to recover
personal property is replevin
b) Recovery of Real Property
o three usual actions to recover
the possession of real property:
1) Forcible entry or unlawful
detainer
either action was
formerly referred to
as accion interdictal
2) Accion publiciana
the plenary action to
recover the better
right of possession
3) Accion reivindicatoria
a
reivindicatory
action
Jus Vindicandi
Note:
Machinery and equipment used for
an industry and indispensable for
the carrying on of such industry,
cannot be the subject of replevin,
Page 19 of 36
BULATE NOTES
Property
because under the premises, they
are real, and not personal property
Prescriptive Period
action must be brought within one
year from the dispossession
in case of strategy or stealth, it
would seem that the better rule
would be to count the period of one
year from the time of DISCOVERY
of such strategy or stealth
Issue Involved
mere
physical
possession
(possession de facto) and not
juridical possession (possession de
jure) nor ownership
Unlawful Detainer (Desahucio)
Definition
the action that must be brought
when possession by a landlord,
vendor, vendee or other person of
any land or building is being
unlawfully
withheld
after
the
expiration or termination of the
right to hold possession, by virtue
of any contract, express or implied
prior physical possession IS NOT
required
It is not the proper remedy if the
purpose
is
not
to
recover
possession but to exact specific
performance of a contract.
NOTE:
The complaint must show that
the withholding of possession,
or the refusal to vacate, is
UNLAWFUL
A person or squatter who
occupies the land of another at
the
latters
tolerance
or
permission,
without
any
contract between them, is
necessarily
bound
by
an
implied promise that he will
vacate upon demand, failing
which, a summary action for
ejectment or unlawful detainer
is the proper remedy against
him
Example:
Page 20 of 36
BULATE NOTES
Property
S sold a lot to B a retro. S failed to
redeem within the stipulated period of
repurchase, and B was able to consolidate
his ownership over the property. However,
despite demand on S, he failed to
surrender the land. What is Bs remedy?
Answer: An action for unlawful
detainer because of the withholding of
possession.
Prescriptive Period
action must be brought within one
year from the time possession
becomes unlawful
if there is a fixed period for the
termination of the lease, the
lease
ends
automatically
without need of any demand;
hence, the one-year period
begins from the expiration of
the lease
if the reason for ejectment is
non-payment of rent or the nonfulfi llment of the conditions of
the lease, then the one-year
period must be counted from
the date of demand to vacate.
NOTE:
The demand to vacate must be
absolute, not conditional
the complaint must state WHEN
the demand was made, and the
fact that such demand had
been served personally, or by
serving written notice, or by
posting such notice
The demand must be made at
least 5 days (building) or 15
days (land) before the action is
brought
If several demands had been
made, the period of one year
must be counted 5 days or 15
days as the case may be from
the time of the LATEST demand,
unless in the meantime an
accion publiciana has been
brought
Issue
NOTE:
If the defendants in a case are
evidently possessors and sales
applicants in good faith of public
land, and the case does not involve
the failure of a tenant to pay rent,
the action is one involving the right
of ownership and possession, and
is not one of unlawful detainer.
Distinguished from Forcible Entry
Forcible Entry
the
possession
was unlawful
from
the
very
beginning
Unlawful Detainer
the
possession
was lawful in
the
beginning,
but became
unlawful
afterwards
In both:
ownership is not involved, but only
the right to the material possession
of the premises
both are proceedings in personam
(binding only on the parties, and
privies) and not proceedings or
actions in rem (binding upon the
whole world)
since they involve real property,
they are also termed actions quasi
in rem which are really actions in
personam, involving real property
Right to Damages in Forcible Entry
and Unlawful Detainer Cases
Page 21 of 36
BULATE NOTES
Property
An
accion
publiciana,
which
naturally is res judicata only insofar
as one of the parties is held to
have the better right of possession,
does NOT bar a subsequent action
between the same parties where
one seeks to compel the other to
execute a formal deed of sale over
the same property to enable him to
Page 22 of 36
BULATE NOTES
Property
obtain a transfer certifi cate of title
in his name, and to quiet title over
the same
Unlawful
detainer/
Forcible
Entry
Material
possession
(possession
defacto)
Accion
Publiciana
Accion
Reivindicat
oria
The
better
right
of
possession
(possession
de jure)
Ownership
over
real
property
Writ of Injunction
Writ of Possession
Page 23 of 36
BULATE NOTES
Property
Page 24 of 36
BULATE NOTES
Property
occasioned by the
gasoline
presence of
Page 25 of 36
BULATE NOTES
Property
TAXATION
Compensati
on
Persons
involved
Nature
the
Duty
Manner
exercise
of
of
generally, a
better
government
(with
consequent
protection
to
life,
liberty,
and
property)
operates on
a class,
according to
some
principle of
apportionme
nt
paid
by
citizen as
his
CONTRIBUTI
ON
to a public
burden
generally,
no
complaint
is filed in
court. It is
the public
that,
in
general,
is required
to pay
TAXATION
Purpose
to
raise
revenue
EMINENT
DOMAIN
financial or
monetary
compensatio
n
operates on
an
individual
(the
owner of the
property)
allowed by
the
citizen, but
NOT as a
contribution
to a
public
burden
a property
owner
is
made
a defendant
in
the
complaint
(expropriatio
n
is a forced
sale)
POLICE
POWER
to promote
the
public
welfare
by system of
Compensati
on
taxpayer is
compensate
d
by obvious
and
apparent
benefi ts
Amount paid
may
be
small or
big (courts
cannot
decree the
amount
paid
as
unreasonabl
e)
regulation
citizens
compensatio
n
is more or
less
intangible,
an idealistic
realization
that
society has
in
some
way
benefi
ted
fee paid is
just
enough
to
cover
necessary
expenses for
regulation or
inspection
Burdens of Ownership
Examples:
a) I have a car; I see a thief about to
get it. I can use force in driving the
thief away, provided that the
Page 26 of 36
BULATE NOTES
Property
means I resort to are reasonable. I
can even chase him immediately
and recover the car from him by
force.
o If I lose sight of him, and I
see him only two or three
days later, I will not be
justified in taking the law
o into my own hands
b) may also be said if the property
involved is a house or some other
form of real property
o The
person,
however,
against whom I have the
right to use force should
really be an aggressor.
Example:
I cannot blow my saxophone in the
middle of the night because I would
unduly disturb the rights of others
to a peaceful sleep
Page 27 of 36
BULATE NOTES
Property
3)
First Requisite:
Property
Identity
the
Second
Requisite:
Plaintiffs Title
of
Strength
of
Page 28 of 36
BULATE NOTES
Property
Occupation of a building for
a long time without paying
rentals
o Testimony of adverse and
exclusive
possession
of
ownership corroborated by
tax
declaration
of
properties,
payment
of
taxes,
and
deeds
of
mortgage
in the absence of evidence of
ownership, the mere fact that a
map in the citys possession
showed that the property involved
was a portion of a street does NOT
prove dominium by the State
o
Domain:
Definition
and
Essential
Domain
1.
2.
3.
4.
Expropriation
refers
to
the
procedure,
thru
which the right is
exercised
Requisites
of
Eminent
Competent Authority
a. Authority as of right the
State.
b. Authority by virtue of a
grant:
o persons
or
corporations offering
public services
Examples of competent authority:
1. National Government
o thru the President of the
Philippines
2. City of Manila
o thru the Municipal Board
with the Mayors approval
3. Provinces
o thru the Provincial Board,
with the approval of the
Executive Secretary of the
President
4. Municipalities
o thru the municipal councils
with the approval of the
Executive Secretary of the
President
5. Other public corporations
o thru the Board of Directors,
provided there is prior
government approval
6. The Manila Railroad Co.
Page 29 of 36
BULATE NOTES
Property
Strict construction:
Estoppel:
Confiscation abolished:
Confiscation
Does away
with
due
process;
No
compensatio
n is given
Expropriation
Requires due
process
of
law
if a revolutionary government
confiscates the properties of a
private individual, the properties
cannot be considered owned by the
confiscator.
To decide otherwise would be to
promote the interest of those who
would foment public disorder
Abandonment of proceedings:
Public Use
Page 30 of 36
BULATE NOTES
Property
Absolute
necessity
for
expropriation is not required; all
that is needed is a reasonable
necessity for the public use
intended
Page 31 of 36
BULATE NOTES
Property
condemnation
proceedings,
cannot be held liable
and
An
ordinance
prohibiting
the
construction of a building on
private land on the ground that
said land would be used for a
public street is invalid as an
exercise of the right of eminent
domain, unless there be due
process of law and payment of just
compensation
Extraordinary
Expropriation
Taking
use
for
private
Effects of Expropriation
Ownership
of
the
Expropriated
on the
Property
Purpose
Expropriation
of
Extraordinary
Lands
Covered
Expropriation
by
Extraordinary
Difference
between
Sale
and
Expropriation
Sale
Voluntary
Expropriation
involuntary
Page 32 of 36
BULATE NOTES
Property
1. the determination of the authority
of the plaintiff to exercise the
power of eminent domain and the
propriety of its exercise in the
context of the facts involved in the
suit
2. the determination by the Court of
the just compensation by the
property sought to be taken
Art. 436. When any property is
condemned or seized by competent
authority in the interest of health,
safety or security, the owner thereof
shall not be entitled to compensation,
unless he can show that such
condemnation
or
seizure
is
unjustified.
Seizure as an Exercise of Police
Power
based on the maxim that the
welfare of the people is the
supreme law of the land.
needs no giving of a financial
return before it can be exercised
one instance when property may
be seized or condemned by the
government without any financial
compensation
can
refer
not
merely
to
condemnation and seizure, but also
to total destruction itself, provided
that:
o the public interest is served
and
o the means used are not
unduly harsh, abusive, or
oppressive
If the condemnation, seizure, or
destruction is unjustified, the
owner is entitled to compensation
Abatement of Nuisances
or
Page 33 of 36
BULATE NOTES
Property
b. special laws like
the Mining Law
c. ordinances
d. the
reasonable
requirements
of
aerial navigation
e. principles on human
relations
(justice,
honesty, good faith)
and the prevention
of injury to the rights
of third persons.
Example:
unnecessary
obstruction of the light
and view of a neighbor.
Further Restriction on Surface Right
Surface
right
must
also
be
restricted
by
the
reasonable
requirements
of
underground
shelters and depots with proper
state permission, as long as the
surface right is not substantially
disturbed
a. land
b. building or
c. other property
Treasure
Property
interest to
State may
just price,
conformity
on
Ones
Own
Treasure
Found
on
Anothers
Property; Meaning of By Chance
Found
Page 34 of 36
BULATE NOTES
Property
Example:
A husband by chance discovered hidden
treasure on the land of his wife. Who owns
the treasure?
ANS.: The half pertaining to the husband
as finder belongs to the conjugal
partnership. The half pertaining to the wife
as proprietor also belongs to the conjugal
partnership. (See Art. 154).
Trespasser
Under
if
the
hidden
treasure
is
scientifically or artistically valuable,
the finders half has to be given to
the municipality or state, who in
turn will give him a just price
Treasure Hunts
Page 35 of 36
BULATE NOTES
Property
Page 36 of 36