Title I – PROPERTY 1.

susceptible of appropriation that are not included in

 Classification (according to mobility): enumeration in immovable
1. Immovable – real property 2. immovable that are designated as movable by special
2. Movable – personal property provision of law
 Requisites: 3. forces of nature brought under control by science
1. Utility 4. things w/c can be transported w/o impairment of real
2. Individuality/Substantivity property where they are fixed
3. Susceptibility of appropriation 5. obligations which involve demandable sums (credits)
 Real Rights 6. shares of stocks of agricultural, commercial & industrial
1. no passive subject – claim against whole world entities although they may have real estate
2. object is corporeal thing (obligation)  Classification of Movables
3. creates juridical relations through mode & title 1. consumable – cannot be utilized w/o being consumed
4. extinguished through loss or destruction of thing 2. non-consumable
 Personal Rights  Classification of Property (according to ownership):
1. Passive and active subject 1. Public dominion –
2. Object is an intangible thing (specific thing)  intended for public use
3. Creates juridical relations through title  intended for public service of state, provinces, cities &
4. Not extinguished through loss or destruction of thing municipalities
 Immovable property  Characteristics:
1. By nature – cannot be moved from place to place  outside the commerce of men – cannot be alienated or
because of their nature leased
 cannot be acquired by private individual through
a) land, buildings & all kinds of constructions adhered to soil prescription
 not subject to attachment & execution
b) mine, quarries  cannot be burdened by voluntary easement
2. Private Ownership –
2. By incorporation – essentially movables but attached to
 patrimonial property of state, provinces, cities,
an immovable that it becomes an integral part of it
municipalities
 trees, plants & growing fruits adhered to soil
1. exist for attaining economic ends of state
 everything attached to an immovable that it will break if
2. property of public dominion when no longer intended
separated
for public use/service – declared patrimonial
 statues, paintings if intended by owner to be integral
 property belonging to private persons – individually or
part of immovable
collectively
 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 Title II – OWNERSHIP
 machinery placed by owner of the tenement & tend Chapter 1: OWNERSHIP IN GENERAL
directly to meet the needs of such works/industry · Definitions of Ownership

 fertilizers – when applied to soil  Independent and general right of a person to control a

 docks & floating structures thing particularly in his possession, enjoyment,

4. By analogy/by law – contracts for public works, disposition, and recovery, subject to no restrictions

servitude & other real rights over immovable property except those imposed by the state or private persons,

 Movable property without prejudice to the provisions of the law.

  Power of a person over a thing for purposes recognized 10. Right to hidden treasure found in own property
by law & within the limits established by law  hidden and unknown movables w/c consist of money or
 Attributes: precious objects
1. Jus possidendi – right to possess  owner is unknown
2. Jus utendi – right to enjoy  by chance – if property owner is state – ½ belongs to
3. Jus fruendi – right to fruits finder; also if in another’s property; the finder must not
4. Jus abutendi – right to use and abuse be trespasser
5. Jus disponendi – right to dispose  Limitation on Ownership
6. Jus vindicandi – right to exclude others from possession 1. general limitations for the benefit of the state (eminent
of the thing domain, police power, taxation)
Actions for possession: 2. specific limitations imposed by law (servitude,
easements)
1. movable – replevin (return of a movable) 3. specific limitations imposed by party transmitting
ownership (will, contract)
2. immovable – 4. limitations imposed by owner himself (voluntary
servitude, mortgages, pledges)
 forcible entry – used by person deprived of possession
5. inherent limitations arising from conflicts with other
through violence, intimidation (physical possession, 1
similar rights (contiguity of property)
year unlawful deprivation)
6. owner cannot make use of a thing which shall
 unlawful detainer – used by lessor/person having legal
injure/prejudice rights of 3rd persons (neighbors)
right over property when lessee/person withholding
7. acts in state of necessity – law permits injury or
property refuses to surrender possession of property
destruction of things owned by another provided this is
after expiration of lease/right to hold property (physical
necessary to avert a greater danger (with right to
possession, 1 year from unlawful deprivation)
indemnity – vs. principle of unjust enrichment)
 accion publiciana – plenary action to recover possession
8. true owner must resort to judicial process – when thing
 accion reinvindicatoria – recovery of dominion of
is in possession of another; law creates a disputable
property as owner
presumption of ownership to those in actual possession
7. Principle of self help – self defense
 identify property
 show that he has better title
Elements:

 Person exercising rights is owner or lawful possessor Chapter 2: RIGHT OF ACCESSION

 There is actual or threatened unlawful physical invasion  Accession – owner of thing becomes owner of

of his property everything it may produce or those which may be

 Use force as may be reasonably necessary to repel or incorporated or united thereto

prevent it 1. principle of justice

 Available only when possession has not yet been lost, if 2. accessory follows the principal

already lost – resort to judicial process  Accession continua – accession to products of the thing

 May be exercised by 3rd person – negotiorum gestio  Rights of owners: natural, industrial & civil fruits

8. Right to enclose or fence w/o detriment to servitude

exception: possession in good faith by another, usufruct, lease,
constituted
antichresis
9. Right to surface & everything under it only as far as
necessary for his practical interest (benefit or
 Obligation of owners:
enjoyment)
 Immovables – accretion
 1. Alluvion – owner of lands adjoining banks of river 2. Right to remove materials if he can do so w/o injury to
belongs the accretion gradually received from effects of work constructed if owner has not paid
the water’s current 3. Right to damages and demolition even if with injury to
 Requisites: work if owner of land is in bad faith
1. deposit is gradual & imperceptible  Right of owner when another builds, plants or sows in
2. made through effects of current of water his land: (OWNER & BUILDER BOTH IN GOOD FAITH)
3. land where accretion takes place is adjacent to banks of 1. Appropriate as his own after paying for indemnity
river 2. Oblige the planter, builder to pay for price of land or
 Rights of riparian owner rent, except when value of lands is greater than thing
built – convert to rent
Right to accretion ipso facto – no need to make an express act of  Right of Builder in good faith before payment of
possession indemnity of owner in good faith
1. Right to retain land & building
2. Avulsion – transfer of a known portion of land from one 2. Right not to be compelled to pay for rent
tenement to another by force of current of waters 3. Right of retention ceases when obliged to pay for value
 Rights of riparian owner of and if he fails to do so
 Right to portion of land transferred if not claimed by  Right of owner in good faith when builder is in bad faith
owner within 2 years (prescription) 1. Right to appropriate what has been built w/o paying
 Right to trees uprooted if not claimed by owner w/in 6 indemnity
months; subject to reimbursement for necessary 2. Order demolition of building
expenses for gathering them & putting them in safe 3. Compel the builder to pay for price of land or rent
place 4. Right to damages
 Right of builder in bad faith when owner is in good faith
3. Change of river bed

Right to be reimbursed for necessary expenses for preservation of

 Right of owner of land occupied by new river course
land
1. Right to old bed ipso facto in proportion to area lost
2. Owner of adjoining land to old bed shall have right to
 Right of Builder in good faith when owner is in bad faith
acquire the same by paying its value – value not to
1. Right to indemnity for value of building
exceed the value of area occupied by new bed
2. Right to damages
3. Formation of island in non-navigable river
3. Right to demolish w/o payment of indemnity
 owner of margin nearest to islands formed – if nearest to
 Bad faith on both builder & owner – in pari delicto (no
it
cause of action vs. each other)
 owner of both margins – if island is in the middle
 Right of 3rd person who owns materials
(divided into halves longitudinally)
1. Right to be indemnified for value of materials
4. building, planting & sowing
irrespective of good faith or bad faith of builder or
 General Rule – whatever is built, planted or sown
owner; if builder has no property, owner is subsidiarily
belongs to owner of land; presumption is owner made
liable
them at his expense
2. When builder is in bad faith & owner in good faith &
 Exception: contrary is proven
owner compel builder to remove improvements, owner
 Right of owner of material
is not subsidiarily liable
1. Right to be indemnified or paid of value of property by
3. When 3rd person is paid by builder, builder may demand
owner of land
from landowner the value of labor & materials
b) Movables
1. Conjunction / adjunction – 2 movable things which 1. If both owners are in good faith – Each owner shall
belong to different owners are united to form a single acquire a right proportional to the part belonging to him
object (vis-a-vis the value of the things mixed or confused)
 Test to determine w/c one is the principal: 2. If one owner is in bad faith – he shall lose the thing
1. that to w/c the other intended to be united as ornament belonging to him plus indemnity for damages caused to
or for its use of perfection owner of other thing mixed with his thing
2. value 3. If both in bad faith no cause of action against each
3. volume other
 Rights: Chapter 3: QUIETING OF TITLE
1. If both are in good faith – owner of principal acquired
 Reasons:
the accessory with indemnification
1. prevent litigation
2. If both are in good faith – may separate them if no injury
2. protect true title & possession
will be caused; if value of accessory is greater than
3. real interest of both parties which requires that precise
principal, owner of accessory may demand separation
state of title be known
even if damages will be caused to the principal (expenses
 Action to quiet title
to be borne by one who caused the conjunction)
 put end to vexatious litigation in respect to property
3. If owner of accessory is in bad faith – owner of accessory
involved; plaintiff asserts his own estate & generally
with damages to principal
declares that defendant’s claim is w/o foundation
4. If owner of principal is in bad faith – owner of accessory
 when proper:
shall have option of principal paying value of accessory
1. contract has been extinguished or terminated
or removal of accessory despite destruction of principal
2. contract has prescribed
5. Owner of accessory or principal has right to indemnity
3. remove cloud
when thing adjuncts w/o his consent – may demand that
 Action to remove cloud
a thing equal is kind, value and price
 intended to procure cancellation, delivery, release of an
2. Specification – One employs the materials of another in
instrument, encumbrance, or claim constituting a on
whole or in part on order to make a thing of a different
plaintiff’s title which may be used to injure or vex him in
kind; transformation
the enjoyment of his title
 Rights:
 Cloud – any instrument which is inoperative but has
1. If person who made the transformation is in good faith –
semblance of title
he shall appropriate the thing transformed as his own
 Requisites:
with indemnity to owner of material for its value
1. Plaintiff must have legal or equitable interest
2. If material is more precious than transformed thing –
2. Need not be in possession of property
owner of material may appropriate the new thing to
3. Return to defendant all benefits received – he who
himself after indemnity paid to labor or demand
wants justice must do justice
indemnity for materials
Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF
3. If person who made the transformation is in bad faith, FALLING
owner of material shall appropriate the work to himself
 Liability for damages:
w/o paying maker or demand indemnity for value of
1. collapse – engineer, architect or contractor
materials & damages
2. collapse resulting from total or partial damage; no repair
4. If transformed thing is more valuable than material,
made – owner; state may compel him to demolish or
owner of material cannot appropriate
make necessary work to prevent if from falling
3. Commixtion / confusion – 2 things of the same or
3. if no action – done by government at expense of owner
different kinds are mixed & are not separable w/o injury
Title III – CO-OWNERSHIP
 Rights:
 Co-ownership 7. Right to make repairs for preservation of things can be
 plurality of subjects – many owners made at will of one co-owner; receive reimbursement
 unity of material (indivision) of object of ownership therefrom; notice of necessity of such repairs must be
 recognition of ideal shares given to co-owners, if practicable
 Causes/Sources: 8. Right to full ownership of his part and fruits
1. law 9. Right to alienate, assign or mortgage own part; except
2. contracts personal rights like right to use and habitation
3. succession 10. Right to ask for partition anytime
4. fortuitous event/chance – commixtion 11. Right of pre-emption
5. occupancy – 2 persons catch a wild animal 12. Right of redemption
 Distinguished from partnership 13. Right to be adjudicated thing (subject to right of others
 partnership created only by agreement; co-ownership to be indemnified)
has many sources 14. Right to share in proceeds of sale of thing if thing is
 purpose of partnership is to obtain profit; co-ownership indivisible and they cannot agree that it be allotted to
is collective enjoyment of a thing one of them
 in partnership there is juridical personality distinct from  Duties/Liabilities
individuals, none in co-ownership 1. Share in charges proportional to respective interest;
 partnership can be created for more than 10 years, not stipulation to contrary is void
in co-ownership 2. Pay necessary expenses and taxes – may be exercised by
 partners cannot transfer rights w/o consent of other co- only one co-owner
partners, not co-ownership 3. Pay useful and luxurious expenses – if determined by
 partnership extinguished when partner dies, not in co- majority
ownership 4. Duty to obtain consent of all if thing is to be altered even
 distribution of profits in partnerships may be stipulated, if beneficial; resort to court if non-consent is manifestly
this is not flexible in co-ownership but depends on ideal prejudicial
share/interest 5. Duty to obtain consent of majority with regards to
 Rights of co-owners administration and better enjoyment of the thing;
1. Right to benefits proportional to respective interest; controlling interest; court intervention if prejudicial –
stipulation to contrary is void appointment of administrator
2. Right to use thing co-owned 6. No prescription to run in favor co-owner as long as he
1. for purpose for which it is intended recognizes the co-ownership; requisites for acquisition
2. without prejudice to interest of ownership through prescription
3. without preventing other co-owners from 1. he has repudiated through unequivocal acts
making use thereof 2. such act of repudiation is made known to other co-
3. Right to change purpose of co-ownership by agreement owners
4. Right to bring action in ejectment in behalf of other co- 3. evidence must be clear and convincing
owner 1. Co-owners cannot ask for physical division if it would
5. Right to compel co-owners to contribute to necessary render thing unserviceable; but can terminate co-
expenses for preservation of thing and taxes ownership
6. Right to exempt himself from obligation of paying 2. After partition, duty to render mutual accounting of
necessary expenses and taxes by renouncing his share in benefits and reimbursements for expenses
the pro-indiviso interest; but can’t be made if prejudicial 3. Every co-owner liable for defects of title and quality of
to co-ownership portion assigned to each of the co-owner
 Rights of 3rd parties
 1. creditors of assignees may take part in division and  Classes of ownership:
object if being effected without their concurrence, but 1. in concept of owner – owner himself or adverse
cannot impugn unless there is fraud or made possessor
notwithstanding their formal opposition
2. non-intervenors – retain rights of mortgage and Effects:

servitude and other real rights and personal rights

1. may be converted into ownership through acquisitive
belonging to them before partition was made.
prescription
2. bring actions necessary to protect possession
3. ask for inscription of possession
Title V – POSSESSION 4. demand fruits and damages from one unlawfully
 Possession – holding of a thing or enjoyment of a right detaining property
1. occupancy – actual or constructive (corpus) 1. in concept of holder – usufruct, lessee, bailee
2. intent to possess (animus) 2. in oneself – personal acquisition
 How acquired: 1. he must have capacity to acquire possession
1. material occupation – possession as a fact 2. intent to possess
1. physical 3. possibility to acquire possession
2. constructive – tradicion brevi manu (one who 1. in name of another – agent; subject to authority and
possess a thing short of title of owner – lease ); ratification if not authorized; negotiorum gestio

tradicion constitutum possesorium (owner alienates thing but 1. representative has intention to acquire for

continues to possess – depositary, pledgee, tenant) another and not for himself

 cannot be recognized at the same time in 2 different 2. person from whom it is acquired has intention

personalities except co-possession of possessing it

 question arise regarding fact of possession 1. in good faith – not aware that there exist flaw in title or

1. present possessor preferred mode w/c invalidates it; mistake upon doubtful question

2. 2 possessors – one longer in possession of law; always presumed; it may be interrupted – by

3. dates of possession the same – one who presents a title extraneous evidence or suit for recovery of property of

4. both have titles – judicial resolution true owner

1. subject to action of our will- possession as a right 2. in bad faith – aware of defect

1. tradicion simbolica – delivering object or  Possession through succession

symbol of placing thing under control of 1. possession of hereditary property is deemed transmitted

transferee (keys) w/o interruption from moment of death ( if accepted)

2. tradicion longa manu – pointing out to and if not accepted ( deemed never to have possessed

transferee the things which are being the same )

transferred 2. one who succeeds by hereditary title shall not tack the

1. proper acts and legal formalities established for bad faith of predecessors in interest except when he is

acquiring rights – donation, sale aware of flaws affecting title; but effects of possession in

 What can be subject of possession – things or rights good faith shall not benefit him except from date of

which are susceptible of being appropriated death of decedent.

 Degrees of possession:  Minors/ Incapacitated

1. holding w/o title and in violation of right of owner

may acquire material possession but not right to possession; may
2. possession with juridical title but not that of owner
3. possession with just title but not from true owner only acquire them through guardian or legal representatives

4. possession with just title from true owner

 Acquisition
1. cannot be acquired through force or intimidation when a
possessor objects 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 for acquisitive prescription
1. Possession has to be in concept of owner,
public, peaceful and uninterrupted
2. Title short of ownership
3. Person in concept of owner has in his favor the legal
presumption of just 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 allotted 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 expenses of cultivation if there are natural or
industrial fruits ( proportionate to time of possession );
owner has option to require possessor to finish
cultivation and gathering of fruits and give net proceeds
as indemnity for his part of expenses; 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 with right of retention; owner has
option of paying expenses or paying the increase 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 damage 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 – provided 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 they retain habit of
returning back home
14. One who recovers, according to law, possession unjustly
lost is deemed to 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 except when fraud and negligence
intervened
4. Possessor in bad faith liable for loss or deterioration
even if caused by 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 ( possession 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 owner
 4. Sale under order of the court 8. Naked owner still have rights but w/o prejudice to
5. Purchases made at merchant stores, fairs or usufructuary; may still exercise act of ownership –bring
markets action to preserve
6. Negotiable document of title 9. Right to fruits growing at time usufruct begins; growing
1. Even for time being he may not know their whereabouts, fruits at termination of usufruct belongs to owner
possession of movable is not deemed lost 10. Right to necessary expenses from cultivation at end of
2. When agent encumbered property without express usufruct
authority – except when ratified 11. Right to enjoy accessions & servitudes in its favor & all
3. Possession may still be recovered: benefits inherent therein
 Possession is equivalent to title 12. Right to make use of dead trunks of fruit bearing trees &
1. possession is in good faith shrubs or those uprooted/cut by accident but obliged to
2. owner has voluntarily parted with the possession of the plant anew
thing 13. Right of usufructuary of woodland – ordinary cutting as
1. possessor is in concept of an owner owner does habitually or custom of place; cannot cut
Title VI – USUFRUCT down trees unless it is for the restoration of
 Usufruct – right to enjoy another’s property with improvement of things in usufruct – must notify owner
correlative duty of preserving its form and substance first
1. things – movable/immovable 14. Right to leave dead, uprooted trees at the disposal of
2. rights – provided it is not strictly personal owner with right to demand that owner should clear &
 Kinds: remove them – if caused by calamity or extraordinary
1. legal – parents over children event – impossible to replace them
2. voluntary – contracts, wills 15. Right to oblige owner to give authority & furnish him
3. mixed – prescription proofs if usufruct is extended to recover real property or
4. total real right
5. partial 16. Right to necessary expenses
6. simultaneous 17. Right to introduce useful & luxurious expenses but with
7. successive no obligation of reimbursement on part of owner; may
8. pure remove improvement if can be done w/o damage
9. conditional 18. Right to set-off improvements against damages he made
10. With a term against the property
 Rights of usufructuary: 19. Right to administer when property is co-owned; if co-
1. Right to civil, natural & industrial fruits of property ownership cease – usufruct of part allotted to co-owner
2. Right to hidden treasure as stranger belongs to usufructuary – not affected
3. Right to transfer usufructuary rights – gratuitous or 20. Right to demand the increase in value of property if
onerous; but is co-terminus with term of usufruct; fruits owner did not spend for extraordinary repairs when
proportionate at duration of usufruct; but can’t do acts urgent & necessary for preservation of thing
of ownership such as alienation or conveyance except  Rights of naked owner
when property is: 1. Alienate thing
4. consumable 2. Can’t alter form or substance
5. intended for sale 3. Can’t do anything prejudicial to usufructuary
6. appraised when delivered; if not appraised & 4. Construct any works Y make any improvement provided
consumable – return same quality (mutuum) it does not diminish value or usufruct or prejudice right
7. Right not exempt from execution and can be sold at of usufructuary
public auction by owner  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 negligence, 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 2nd 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 fruits 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 but 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
usufructuary – during existence of usufruct
8. Obliged to make expenses due to his fault; cannot
escape by renouncing usufruct
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 ownership – he is liable if he does not do so for
damages – as if it was caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to
usufructuary – 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 replace 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 destroyed – right to make use of
land & materials
 if owner wishes to construct a new building – pay
usufructuary the value of interest of land & materials
 both share in insurance if both pays premium; if only
owner – then proceeds will go to owner only
  effect if bad use of the thing – owner may demand the
delivery of and administration 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
a)
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” (body) & that thing should have no
owner
1) Treasure found on another’s property
2. There must be actual occupancy; thing must be
subjected to one’s control/disposition
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
nullius if they lose that habit of returning & regain their
original state of freedom
 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:
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 the bees
 Domesticated animals
 may be redeemed within 20 days from
occupation of another person; if no redemption
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 provided
they are not enticed
 Movables:
 consist of (1) money, precious objects & 2) hidden &
owner is unknown
 finding must be by chance in order that stranger may be
entitled to ½ of the treasure
 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 awarded to finder
 if owner appears, he is obliged to pay 1/10 of value of
property to finder as price
  if movable is perishable or cannot be kept w/o 1. public domain
deterioration or w/o expenses it shall be sold at public 2. in transmissible rights
auction 8 days after the publication 3. movables possessed through a crime
 What cannot be acquired by occupation 4. registered land
 Renunciation of prescription:
Ownership of a piece of land  persons with capacity to alienate may renounce
prescription already obtained but not the right to
 because when a land is without an owner, it pertains to
prescribe in the future
the state
 may be express or tacit
 land that does not belong to anyone is presumed to be
 prescription is deemed to have been tacitly renounced;
public land
renunciation results from the acts w/c imply
 but when a property is private and it is abandoned – can
abandonment of right acquired
be object of occupation
 creditors & persons interested in making prescription
PRESCRIPTION – mode by which one acquires ownership and effective may avail themselves notwithstanding express
other real rights thru lapse of time; also a means by which one or tacit renunciation
loses ownership, rights & actions; retroactive from the moment PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS
period began to run
 Kinds of Acquisitive prescription
 Kinds:
1. ordinary
2. extra-ordinary
1. Acquisitive
 Requisites for ordinary prescription:
1. possession in good faith
1. Extinctive
2. just title
 Who may acquire by prescription:
3. within time fixed by law
1. person who are capable of acquiring property by other
 4 years for movables
legal modes
 8 years for immovables
2. STATE
4. in concept of an owner
3. minors – through guardians of personally
5. public, peaceful, uninterrupted
 Against whom prescription run:
 Requisites for extra-ordinary prescription:
1. minors & incapacitated person who have guardians
1. just title is proved
2. absentees who have administrators
2. within time fixed by law
3. persons living abroad who have administrators
 10 years for movables
4. juridical persons except the state with regards to
 30 years for immovables
property not patrimonial in character
3. in concept of an owner
5. between husbands & wife
4. public, peaceful, uninterrupted
6. between parents & children (during minority/insanity)
 GOOD FAITH
7. between guardian & ward (during guardianship)
 Reasonable belief that person who transferred thing is
8. between co-heirs/co-owners
the owner & could validly transmit ownership
9. between owner of property & person in possession of
 Must exist throughout the entire period required for
property in concept of holder
prescription
 Things subject to prescription: all things within the
 JUST TITLE (TRUE & VALID) – must be proved & never
commerce of men
presumed
1. private property
 Titulo Colorado –
2. patrimonial property of the state
 Titulo putativo –
 Things not subject to prescription:
  title must be one which would have been sufficient to  action over immovables from time possession is
transfer ownership if grantor had been the owner lost
 through one of the modes of transferring ownership but  10 years
there is vice/defect in capacity of grantor to transmit  mortgage action
ownership  upon written contract
 IN CONCEPT OF OWNER  upon obligation created by law
 possession not by mere tolerance of owner but adverse  upon a judgement
to that of the owner  8 years
 claim that he owns the property  action to recover movables from time
 PUBLIC, PEACEFUL & UNINTERRUPTED possession is lost
 Must be known to the owner of the thing  6 years
 Acquired & maintained w/o violence  upon an oral contract
 Uninterrupted (no act of deprivation by others) in the  upon a quasi-contract
enjoyment of property  5 years
 INTERRUPTION  actions where periods are not fixed by law
 Natural  4 years
 through any cause, possession ceases for more  upon injury to rights of plaintiff
than 1 year  upon a quasi-delict
 if 1 year of less – as if no interruption  1 year
 civil  for forcible entry & detainer
 produced by judicial summons; except  for defamation
1. void for lack of legal solemnities  Rights not extinguished by prescription:
2. plaintiff desist from complaint/allow proceedings to 1. demand right of way
lapse 2. abate public /private nuisance
3. possessor is absolved from complaint 3. declare contract void
 express or tacit renunciation 4. recover property subject to expressed trust
 possession in wartime 5. probate of a will
 RULES IN COMPUTATION OF PERIOD: 6. quiet title
1. Present possessor may tack his possession to that of his Characteristics of DONATION:
grantor or predecessor in interest  Unilateral – obligation imposed on the donor
2. Present possessor presumed to be in continuous  Consensual – perfected at time donor knows of
possession I intervening time unless contrary is proved acceptance
3. First day excluded, last day included  Requisites of Donation:
 TACKING PERIOD 1. Reduction in patrimony of donor
 there must be privity between previous & present 2. Increase in patrimony of donee
possessor 3. Intent to do act of liberality
 possible when there is succession of rights 4. Donor must be owner of property donated
 if character of possession different:  Requirements of a donation:
 predecessor in bad faith possessor in good faith – use 1. subject matter – anything of value; present property &
extraordinary prescription not future, must not impair legitime
PRESCRIPTION OF ACTIONS 2. causa – anything to support a consideration: generosity,
charity, goodwill, past service, debt
 By lapse of time fixed by law
3. capacity to donate & dispose & accept donation
 30 years
4. form – depends on value of donation
  Kinds of Donation according to Effectivity:  remuneratory
Donation Inter Vivos Donation Mortis Causa  conditional

Disposition and acceptance to

 onerous
take effect during lifetime of Disposition happens upon the Remunerator Conditiona Onerou
donor and donee death of donor Pure/Simple y l s

Even if there is a term of a)

Already pertains to the donee
unless there is a contrary
intent
Formalities required – follow
law on donations and certain
kinds of donations & law on
obligations and contracts
(suppletory)
effectivity and effectivity is
upon the death of the donor,
still entitled to fruits
Formalities required – follow
law on succession to be valid,
and donation must be in the
form of a will
Consideratio
n
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/

Irrevocable at the instance of forms

the donor; may be revoked
only by reasons provided by
law
Revoked only for reasons
provided for by law (except
onerous donations)
Revocable ad mutuum
Law on donationsLaw on donationsExtent of burdenLaw on
(exclusive will of donor)
obligations
imposed>oblicon

 Acceptance
excess>donationc) form of acceptance
 acceptance must be made personally or thru
agent
RequiredRequiredRequiredRequiredd) reservation w/regards to
 donation may be made orally or in writing
personal support & legitime
 movable:

ApplicableApplicableApplicableNot Applicablee) warranty

5,000 & below – may be oral or written, if oral it must be with
against eviction & hidden defects

simultaneous delivery of thing/document &

In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf)

acceptance need not be in writing revocation

above 5,000 – must be written and accepted also in writing ApplicableApplicableApplicableApplicable

 immovable – must be in a public instrument &  Who may give donations

acceptance must also be in a public instrument (in same

– All persons who may contract and dispose of their property
instrument or in other instrument)
 In case of doubt with regards to nature of donation: inter
 Who may accept donations:
vivos
 Badges of mortis causa:
1. natural & juridical persons w/c are not especially disqualified by
1. Title remains with donor (full or naked ownership)&
law
conveyed only upon death
2. Donor can revoked ad mutuum
2. minors & other incapacitated
3. Transfer is void if transferor survives transfer
 Kinds of donation INTER VIVOS a) by themselves
 pure/simple
  if pure & simple donation 2. If immovable – one who recorded in registry of property in
 if it does not require written acceptance good faith

b) by guardian, legal representatives if needs written acceptance – no inscription, one who first took possession in good faith

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

1. If movable – one who first take possession in good faith be returned

Alienation/mortgages done prior to 5. if 2 or more donation at same time – treated equally &
recording in Register of Deeds:
reduction is pro rata but donor may impose preference
which must be expressly stated in donation
If already sold or cannot be returned – the value must be returned

If mortgaged – donor may redeem the mortgage with right to

recover from doneeAlienations/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 redeemed from 3rd personsFruits to be returned at filing of
action for revocationFruits 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
year from knowledge of fact and it was possible for him to bring
actionAction cannot be renouncedAction cannot be renounced in
advance Right of action transmitted to heirsRight of action at
instance of donor but may be transmitted to heirsHeirs can’t file
actionAction extends to donee’s heirsAction does not extend to
donee’s heirs
 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 revocation
 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 did 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 time 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