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Law On Properties Philippines

Law on Properties Philippines Law322 University of Mindanao Law Summary Notes Personal Incomplete

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College of Business Administration Education Legal Management  Bolton Street, Davao City Personal Law Notes  Jedi Bentillo LAW ON PROPERTIES (Civil Code) lan, an forming a permanent part of it- the animals in those places are inclue(5) 6ertili7er actually use on a piece of lan(8) &ines, 9uarries an slag umps, umps, while the matter thereof forms part of the be, an waters either running running or  stagnant(:) 'ocs an structures which, though floating, are intene by their nature an object object to remain at a fi0e place on a river, lae or coast- an (1;) ontracts for public wors, an servitues servitues an other real rights over  immovable property PROPERTY DEFINED   All things which are, or may be the object of  appropriation (   Art. 414, CC)  Requisites: (USA) 1. Utility 2. Substantivity or iniviuality !. Appropriability  CLASSIFICATION OF PROPERTIES NATURE  A. %. "mmovable  A. %. #roperties ($eal #roperties) . &ovable #roperties (#ersonal '. #roperties) OWNERSHIP #ublic 'ominion #atri atrimo moni nial al #roperty #rop #roper erty ty f *oca *ocall +overnment Units (*+Us) #rivate wnership I !Y NATURE A I""O#A!LE PR OPERTIES (A$t %&' * +,$,-$,+.s) (1) *an, *an, buil builin ings gs,, roas roas an an construct constructions ions of all ins ahere to the soil(2) rees, plants an growing fruits, while they are attache to the lan or form an integral part of an immovable(!) /verything attache to an immovable in a fi0e manner in such a way that it cannot cannot be separat separate e theref therefrom rom without without breaing the material or eterioration of the object() Statues, reliefs, paintings or other objects for  use or ornamentation, place in builings or  on lans by the owner of the immovable in such a manner that it reveals the intention to attach attach them permanently permanently to the tenements() &ach &achine inery ry,, recep recepta tacl cles es,, instr instrum umen ents ts or  implements implements intene intene by the owner of  the tenement for an inustry or wors which may be carrie carrie on in a builing or on a piece piece of lan, an which ten irectly irectly to meet meet the nees of the sai inustry inustry or  worsRequisites: a. mae by owner  b. inustry or wors carrie on builing or  on lan c. machines, etc must ten irectly to meet nees of the inustry or wors . machines, etc. must be essential essential an principal elements of the inustry. (3) Animal Animal houses, houses, pigeon4house pigeon4houses, s, beehives, beehives, fishpon fishpons s or breeing breeing places places of  similar similar nature, nature, in case their owner has place or preserve them, with the intention to have them permanently attache to the  C,te-o$ies< C,te-o$ies< (="'A) 1. $eal $eal by /atur ature e > it cann cannot ot be carrie from place to place (pars. 1 ? 8, Art. 1, ivil oe) 2. $eal by incorporation > attache to an immovable in a fi0e manner to be an integral part thereof (pars. 14! Art. Art. 1, ivil oe) !. $eal by destination > place in a n immovable for the utility it gives to the activity carrie thereon (pars. 45 an : Art. 1, ivil oe) . %y ,nalogy it is so classifie by e0press provision of law (par. 1;, Art. 1, ivil oe) ! "O#A!LE PROPERTIES (A$t %&0 * +,$,-$,+.s S!"  )  ) 1) hose movables susceptible of   appropriation which are not inclue in the preceing article2) Real property which by any special special provision provision of law is consiere consiere as personalty!) Forces of nature which are brought brought uner control of science) "n gener general, al, all things things which which can can be be ransporte from place to place Transporte without impairment of the real property to which they are fi0e(A$t %&1 * +,$,-$,+.s) 1) 2) bligat bligation ions s an action actions s whic which h have have for for thei theirr obje object ct mova movabl bles es or  emanable sums- an Shares Shares of stoc stoc of agricul agricultur tural, al, commercial an inustrial entities, although they have real estate. TESTS: a) %y e 0 c l u s i o n < movables a r e everything not inclue in Art. 1. b) %y escription< an object is movable if it possesses< 1) Ability to change location 2) @ithout substantial injury to the immovable to which it is attache. College of Business Administration Education Legal Management  Bolton Street, Davao City Personal Law Notes  Jedi Bentillo II !Y OWNERSHIP I2+o$t,/t Do3t$i/es4+$i/3i+les o/ i22ov,le ,/d 2ov,le +$o+e$ties: a) A %uiling %uiling is an immovable immovable even if not erecte erecte by the owner of the lan. he only criterion is union or incorporation incorporation with the the soi soil. l. (Ladera (Ladera vs. Hodges, Hodges, 48 O.G. 4374). 4374). b) #artie #arties s to a contra contract ct may by agreem agreement ent treat treat as person personal al propert properties ies that which by nature woul be real propertyproperty- an it is a familiar familiar phenomenon phenomenon to see things classes as real property for  purpos purposes es of ta0ati ta0ation on which which on general general principle principle might be consiere consiere personal property (Standard Oil Co. vs. Jaranillo, 44 !il "3#). "3#). c) 6or purposes of attachment an e0ecut e0ecution ion an for purpose purposes s of the hattel &ortgage *aw, ungathere proucts have the nature of personal property. (Si$al  vs. %alde&, ' !il, '#). '#). ) he human boy, boy, whether alive or ea, is neither neither real nor personal personal property, for it is not even property at all, in that it generally cannot can not be appr ap prop opri riate ate. . Uner cer tai ta n  in conitions, the boy of a person or parts ther thereo eoff may may be subj subjec ectt matt matter er of a transaction. (See $A =o. !:, $A =o. 515;, $A =o. 551:). e) @hat is the effect of temporary separation of  movables movables from the immovables immovables to which they have been attache A PROPERTY OF PU!LIC DO"INION  Co/3e+t: "t is not owne by the  state but pertains to the state, state, which, as terr territ itor oria iall sove sovere reig ign n e0er e0erci cise ses s cert certai ain n  juriical prerogatives over such property. he ownership of such properties is in the social social group, whether national, national, provincial or municipal. Pu$+ose: o serve the citi7ens an  not the state as a juriical person. 5i/ds:  1. hose intene for public use 2. hose which are not for public use but intene for public service !. hos hose e inte intene ne  for for the the evelopment of the national wealth C#AAC"E$S"$CS% 1. utsie the commerce of man 2. "nalienable. %ut when no longer  neee for public use or service, may be eclare eclare patrimonial patrimonial property. property. "n La*rel vs. Gar+ia (#87 SC- 77 ), ), the Supreme Supreme ourt hel that Dwhether or  not the $oppongi an relate properties will eventually eventually be sol is a policy policy etermination where both the #resient an ongress must concurE. !. annot be ac9uire by prescription . =ot subject to attachment or e0ecution . annot be burene with easements NOTE: hey cannot be registere registere uner the lan registration registration law an be the subject of a orrens orrens title. he character of public property is not affect affecte e by posses possessio sion n or even even a orrens rrens itle itle in favo favorr of priv private ate persons persons.. (alan+a vs. Co//on0ealt!, " !il. 44). 44 ). 2 Biews< 1) hey hey cont ontinue inue to be rega regar re e as immovables. 2) 6ac 6act of sepa separa rattion ion ete eterm rmin ines es the con conit itio ion n of the the obje object cts s thus thus rec recovering ing their conit ition as movables. C the latter view is supporte supporte by #aras an olentino who maintains that the failure of the coifiers to reprouce the provision of  the partias partias on the matter is an inication inication that they i not inten the rule to continue. f) A builing that is to be sol or mortgage an which woul be immeiately immeiately emolishe may be consiere personal property an the sale or mortgage thereof thereof woul be a sale of  chattel, chattel, or a chattel chattel mortgage respectively, respectively, for  the true object of the contract woul be the materials. ! PATRI"ONIAL PROPERTY OF THE STATE  #roperty of the State owne by it in its private or proprietary capacity. capacity.  the state has the same rights over  this in in of property as a private iniviual in relation to his own private property C PROPE PROPERTY RTY UNITS (L6Us) 1. OF LOCAL LOCAL 6O#ERN 6O#ERN"EN "ENT T #roperty #roperty for for public use use > consist consist of roas, roas, streets, s9uares, fountains, public waters, promenaes an public wors for public service pai for by the *+Us 2. #atrimonial #atrimonial #roperty > all other property property possesse possesse by *+Us *+Us without without prejuice prejuice to provisions of special laws College of Business Administration Education Legal Management  Bolton Street, Davao City Personal Law Notes  Jedi Bentillo II !Y OWNERSHIP I2+o$t,/t Do3t$i/es4+$i/3i+les o/ i22ov,le ,/d 2ov,le +$o+e$ties: a) A %uiling %uiling is an immovable immovable even if not erecte erecte by the owner of the lan. he only criterion is union or incorporation incorporation with the the soi soil. l. (Ladera (Ladera vs. Hodges, Hodges, 48 O.G. 4374). 4374). b) #artie #arties s to a contra contract ct may by agreem agreement ent treat treat as person personal al propert properties ies that which by nature woul be real propertyproperty- an it is a familiar familiar phenomenon phenomenon to see things classes as real property for  purpos purposes es of ta0ati ta0ation on which which on general general principle principle might be consiere consiere personal property (Standard Oil Co. vs. Jaranillo, 44 !il "3#). "3#). c) 6or purposes of attachment an e0ecut e0ecution ion an for purpose purposes s of the hattel &ortgage *aw, ungathere proucts have the nature of personal property. (Si$al  vs. %alde&, ' !il, '#). '#). ) he human boy, boy, whether alive or ea, is neither neither real nor personal personal property, for it is not even property at all, in that it generally cannot can not be appr ap prop opri riate ate. . Uner cer tai ta n  in conitions, the boy of a person or parts ther thereo eoff may may be subj subjec ectt matt matter er of a transaction. (See $A =o. !:, $A =o. 515;, $A =o. 551:). e) @hat is the effect of temporary separation of  movables movables from the immovables immovables to which they have been attache A PROPERTY OF PU!LIC DO"INION  Co/3e+t: "t is not owne by the  state but pertains to the state, state, which, as terr territ itor oria iall sove sovere reig ign n e0er e0erci cise ses s cert certai ain n  juriical prerogatives over such property. he ownership of such properties is in the social social group, whether national, national, provincial or municipal. Pu$+ose: o serve the citi7ens an  not the state as a juriical person. 5i/ds:  1. hose intene for public use 2. hose which are not for public use but intene for public service !. hos hose e inte intene ne  for for the the evelopment of the national wealth C#AAC"E$S"$CS% 1. utsie the commerce of man 2. "nalienable. %ut when no longer  neee for public use or service, may be eclare eclare patrimonial patrimonial property. property. "n La*rel vs. Gar+ia (#87 SC- 77 ), ), the Supreme Supreme ourt hel that Dwhether or  not the $oppongi an relate properties will eventually eventually be sol is a policy policy etermination where both the #resient an ongress must concurE. !. annot be ac9uire by prescription . =ot subject to attachment or e0ecution . annot be burene with easements NOTE: hey cannot be registere registere uner the lan registration registration law an be the subject of a orrens orrens title. he character of public property is not affect affecte e by posses possessio sion n or even even a orrens rrens itle itle in favo favorr of priv private ate persons persons.. (alan+a vs. Co//on0ealt!, " !il. 44). 44 ). 2 Biews< 1) hey hey cont ontinue inue to be rega regar re e as immovables. 2) 6ac 6act of sepa separa rattion ion ete eterm rmin ines es the con conit itio ion n of the the obje object cts s thus thus rec recovering ing their conit ition as movables. C the latter view is supporte supporte by #aras an olentino who maintains that the failure of the coifiers to reprouce the provision of  the partias partias on the matter is an inication inication that they i not inten the rule to continue. f) A builing that is to be sol or mortgage an which woul be immeiately immeiately emolishe may be consiere personal property an the sale or mortgage thereof thereof woul be a sale of  chattel, chattel, or a chattel chattel mortgage respectively, respectively, for  the true object of the contract woul be the materials. ! PATRI"ONIAL PROPERTY OF THE STATE  #roperty of the State owne by it in its private or proprietary capacity. capacity.  the state has the same rights over  this in in of property as a private iniviual in relation to his own private property C PROPE PROPERTY RTY UNITS (L6Us) 1. OF LOCAL LOCAL 6O#ERN 6O#ERN"EN "ENT T #roperty #roperty for for public use use > consist consist of roas, roas, streets, s9uares, fountains, public waters, promenaes an public wors for public service pai for by the *+Us 2. #atrimonial #atrimonial #roperty > all other property property possesse possesse by *+Us *+Us without without prejuice prejuice to provisions of special laws NOTE: "n the case of rovin+e o1 2a/$oanga Del orte vs. City o1 2a/$oanga, 2a/$oanga , the Supreme ourt categorically state that Dthis court is not incline to hol that municipal municipal property hel an evote to public service service is in the same same categor category y as orina orinary ry private private proper property. ty. he he clas classi sifi fica cati tion on of muni munici cipa pall prop proper erty ty evote for istinctly governmental purposes as public shoul prevail over the ivil oe in this particular particular caseE. Fere, Fere, the *aw of  &unicipal &unicipal orporations orporations was consiere consiere as a special law in the conte0t of Article 2 of the =. D PROPERTY OF PRI#ATE OWNERSHIP  $efers to all property belonging to private persons either iniviually or collectively an those be longing to  OWNERSHIP ispose, an recover recover a  he right to enjoy, ispose, thing without further limitations than those establishe by law or the will of the owner.   1. 2. !. . . as the thing e0ists. "t cannot be e0tinguishe by non4user but only by the State an any of its politic political al subivision subivisions s which are patrimonial patrimonial in nature &uebles or furniture generally has for its principal principal object the furnishing furnishing or  ornamenting of a builing. =ote that there there are e0ception e0ceptions s to this efinition efinition an are generally generally not inclue as furniture furniture unless the law or the iniviualGs iniviualGs eclaration eclaration inclue them. Ri-.ts i/3luded: 1. $ight to to enjoy< (#U6A) a) to possess (jus possieni) b) to use (jus uteni) c) to the fruits (jus frueni) an accessions ) to abuse (jus abuteni) 2. $ight to ispose< ('A/) a) to estroy b) to alienate c) to transform ) to encumber  !. $ight to vinicate< ($#) a) pursuit b) recovery . $ight to e0clue< (/$) a) to enclose, fence an elimit b) to repel intrusions even with force C.,$,3te$isti3s: (/+/"#) wnership is El,sti3  > powerHs may be reuce an thereafter  autom automat atic ical ally ly recov recover ere e upon upon the the cessation of the limiting rights. 6e/e$,l  > the right to mae use of all the possibilities possibilities or utility of the thing owne, e0cept those attache to other real rights e0isting thereon. E73l E73lus usiv ive e  > there can only be one ownership ownership over a thing at a time. here here may be two or more own ers but =*I =/ ownership. I/de+e/de/3e > I/de+e/de/3e > "t e0ists without necessity of any other right Pe$+etuit* > e$+etuit*  > ownership la sts as long as the thing e0ists. "t cannot be e0tinguishe by non4user but only by averse possession.  Li2it,tio/s: 1. +eneral limitations impose by the State for its benefit 2. Specific limitations impose by law !. *imitations impose by the party transmitting the property either by contract or by will . *imitations impose by the owner himself  . "nherent limitations arising from conflict with other rights 2. $eal #roperty< a. A"= "=/$'"A* N,tu$e: summary action to  recover physical or material possession only. "t consists of the summary actions of< & Fo$3ile e/t$* for recovery of   Action material possession of real property when a person originally in possession was eprive averse possession.  Li2it,tio/s: 1. +eneral limitations impose by the State for its benefit 2. Specific limitations impose by law !. *imitations impose by the party transmitting the property either by contract or by will . *imitations impose by the owner himself  . "nherent limitations arising from conflict with other rights De F,3to 3,se o8 E2i/e/t Do2,i/   e0propriation resulting from the actions of  nature as in one case where lan becomes part of one sea. he owner loses his property in favor of the state without any compensation. P$i/3i+le o8 Sel89Hel+ right of the owner or lawful   possessor to e0clue any person from the enjoyment an isposal of the property by the use of such force as may be necessary to repel or prevent actual or threatene unlawful physical invasion or usurpation of  his property.  Requisites: ($=A) 1. $ easonable force 2. owner or lawful possessor is the person who will e0ercise !. /o elay in oneGs e0ercise . ,ctual or threatene physical invasion or  usurpation G-L 5L6  A person cannot interfere with the right of ownership of another. C9O6 Do3t$i/e o8 I/3o2+lete P$ivile-e o$ St,te o8 Ne3essit* (Article !2)  Requisites: ("') 1. Interference necessary 2. Damage to another much greater than amage to property LE6AL RE"EDIES TO RECO#ER POSSESSION OF ONES PROPERTY 1. #ersonal property< $eplevin  REPLE#IN 4 remey when the complaint prays for the recovery of the possession of  personal property. 2. $eal #roperty< a. A"= "=/$'"A* N,tu$e: summary action to  recover physical or material possession only. "t consists of the summary actions of< & Fo$3ile e/t$* for recovery of   Action material possession of real property when a person originally in possession was eprive thereof by force, intimiation, strategy, threat or stealth ; U/l,<8ul Det,i/e$  for recovery of   Action possession of any lan or builing by lanlor, venor, venee, or other person against whom the possession of the same was unlawfully withhel after the e0piration or termination of the right to hol possession, by virtue of any contract. Fo$3ile E/t$* U/l,<8ul Det,i/e$   -s to 0!en :ossession $e+a/e *nla01*l  #ossession of the efenant is unlawful from the beginning as he ac9uires possession by 6orce, intimiation, strategy, threat or stealth #ossession is inceptively lawful but becomes illegal from the time efenant unlawfully withhols possession after  the e0piration or  termination of his right thereto.  -s to t!e ne+essity o1 de/and  =o previous 'eman is eman for the  jurisictional if the efenant to groun is non4 vacate is payment of rentals necessary or failure to comply with the lease contract  -s to ne+essity o1 :roo1 o1 :rior  :!ysi+al :ossession #laintiff must prove that he was in prior physical possession of the premises until he was eprive thereof by the #laintiff nee not have been in prior  physical possession !. efenant  -s to 0!en t!e # year :eriod is +o*nted 1ro/ 1 year perio is 1 year perio is generally counte counte from the from the ate of  ate of last actual entry on eman or last . he finer is not a co4owner of the property where it is founhe finer is not a trespasser- b. A"= #U%*""A=A rinary civil  N,tu$e: proceeing to recover the better right of possession, e0cept in cases of  forcible entry an unlawful etainer. he involve is not possession e facto but possession e jure. c. A"= $/"B"='"A$"A N,tu$e: action to recover real  property base on ownership. Fere, the object is the recovery of the ominion over the property as owner.  Requisites: 1. "entity of the #roperty 2. #laintiffGs title to the property Su$8,3e Ri-.ts  he owner of parcel of lan is the owner of its surface an everything uner it.  he economic utility which such space or subsoil offers to the owner of the surface sets the limit of the ownerGs right to the same. HIDDEN TREASURE  De8i/itio/< any hien or unnown eposit of money, jewelry or other  precious objects, the lawful ownership of  which oes not appear. G-L 5L6 "t belongs to the owner of the lan, builing or other property on which it is foun. C9OS6 he finer is entitle to J provie< 1. 'iscovery was mae on the property of another, or of the state or  any of its political subivisions2. he fining was mae by chance- . 3. he finer is not an agent of the lanownerhe finer is not marrie uner the absolute community or the conjugal partnership system (otherwise his share belongs to the community). ACCESSION  he right by virtue of which the owner  of a thing becomes the owner of  everything that it may prouce or which may be inseparably unite or incorporate c. civil fruits > rents of builings, price of leases or lans an the amount of  perpetual or life annuities or other  similar income G-L 5L6 o the owner belongs the natural, inustrial, an civil fruits. C9OS6 "f the thing is< (PULA) a) in +ossession of a possessor in goo faithb) subject to a usufructc) lease or plege- or  . 3. he finer is not an agent of the lanownerhe finer is not marrie uner the absolute community or the conjugal partnership system (otherwise his share belongs to the community). ACCESSION  he right by virtue of which the owner  of a thing becomes the owner of  everything that it may prouce or which may be inseparably unite or incorporate thereto, either naturally or artificially. c. civil fruits > rents of builings, price of leases or lans an the amount of  perpetual or life annuities or other  similar income G-L 5L6 o the owner belongs the natural, inustrial, an civil fruits. C9OS6 "f the thing is< (PULA) a) in +ossession of a possessor in goo faithb) subject to a usufructc) lease or plege- or  ) in possession of an ,ntichretic creitor   Cl,ssi8i3,tio/s: 1.  -++ession Dis+reta  > the right pertaining to the owner of a thing over everything prouce thereby 5i/ds o8 F$uits a. natural fruits > spontaneous proucts of the soil an the young an other  proucts of animals b. inustrial fruits > those prouce by lans of any in through cultivation or labor  of river course, an formation of islans b. @ith respect to +e$so/,l +$o+e$t* i. ajunction or conjuction ii. commi0tion or confusion iii specification !,si3 P$i/3i+les: (+=/ %A') 1. Fe who is in -oo faith may be hel responsible but will not be penali7e. 2. -++ession Contin*a  > the right pertaining to the owner of a thing over everything that is incorporate or attache thereto either  naturally or artificially- by e0ternal forces. a. @ith respect to $e,l +$o+e$t* i. a++ession ind*strial   builing, planting or sowing ii. a++ession nat*ral   alluvium, avulsion, change e) he provision on inemnity in Art. 8 may be applie by analogy consiering that the primary intent of the law is to avoi a state of force co4ownership especially where the parties in the main agree that Articles 8 an 3 are applicable an inemnity for the improvements may be pai although they iffer as to the basis of the inemnity. (e+son vs. C- 44 SC47). of river course, an formation of islans b. @ith respect to +e$so/,l +$o+e$t* i. ajunction or conjuction ii. commi0tion or confusion iii specification !,si3 P$i/3i+les: (+=/ %A') 1. Fe who is in -oo faith may be hel responsible but will not be penali7e. 2. o the owner of a thing belongs the e0tension or increase of such thing. !. %a faith of one party / eutrali7es the ba faith of the other. . here shoul be no unjust e nrichment at the e0pense o f others. . Bad faith involves liability for damages. 3. A cc essory follows the principal. 5. Accession exists only if  the incorporation is such that separation woul either seriously damag e the thing or  iminish its value. Ri-.t o8 A33essio/ increment which lans abutting rivers graually receive as a result of the curre nt of the waters.  Co/3e+t: it is the graual eposit of seiment by the natural action of a current of fresh water (not sea water, the original ientity of the eposit being lost.  Requisites: a) the eposit be graual an imperceptible b) that it be mae through the effects of the current of the water  c) that the lan where accretion taes place is ajacent to the bans of the river. NOTES:  he owners of the lans ajoining the bans of the river (riparian lans) shall own the accretion which they graually receive. operates ipso jure.  Accretion Fowever, the aitional area is not covere by a orrens title an the riparian owner must register the aitional area.  Do3t$i/es: a) @here the eposit is by sea water, it belongs to the state b) A graual change of be is also governe by the rules of alluvium (Canas vs. *ason '  !il. "8) 2.  A&ulsion  > the transfer of a nown portion of lan from one tenement to another  by the force of the current. he portion of lan must be such that it can be ientifie as coming from a efinite tenement.  Requisites: a) he segregation an transfer must be cause by the current of a river, cree or torrent. b) he segregation an transfer must be suen or abrupt c) he portion of lan transporte must be nown or ientifie NOTES: owner must remove the  he transporte portion within two years to retain ownership "n case of uproote trees, the owner   retains ownership if he maes a claim within 3 months. his refers only to uproote trees an oes not inclue trees which remain plante on a nown portion of lan carrie by the force of the waters. "n this latter case, the trees are regare as accessions of the lan through graual changes in the course of  ajoining stream. (ayatas vs. *a&on) uner the orrens system  $egistration oes not protect the riparian owner  against iminution of the area of his lan through graual changes in the course of  ajoining stream (ayatas vs. *a&on). Alluviu2 1. graual an im erce tible 2. soil cannot be ientifie !. belongs to the owner of the property to which Avulsio/ 1. suen or abru t rocess 2. ientifiable an verifiable !. belongs to the owner from whose property it was . merely attach4ment . etachment fol4 lowe by an !. C'ange of course of ri&ers  Requisites: a) here must be a natural change in the course of the waters of the river  b) he change must be abrupt or suen b) that they form a single object, NOTES:  nce the river be has been abanone, the owners of the invae lan become owners of the abanone be to the e0tent provie by this article. =o positive act is neee on their part, as it is subject thereto ipso jure from the moment the moe of ac9uisition becomes evient.  "t oes not apply to cases where the river  simply ries up because there are no persons whose lans are occupie by the waters of the river. . !ormation of $slands $U*/S =  @=/$SF"# a. 91 1or/ed $y t!e sea6 1) within territorial waters 4 State 2) outsie territorial waters > to the first occupant $. 91 1or/ed in la to the nearer reparian owner  2) if e9uiistant from both bans4 to the reparian owners, by halves. NOTE: here is no accession when islans are forme by the branching of a riverthe owner retains ownership of the isolate piece of lan. Ri-.t o8 A33essio/ r*le o1 i/:ortan+e and   :*r:ose b. c. an interest in proportion to the value of his material %y one owner in goo faith< apply rule(a) %y one owner in ba faith< i) he loses all his rights to his own material ii) he is liable for amages *. Secification  "t is the transformation of anotherGs material    a) or that their separation woul impair  their nature 5i/ds: a. inclusion or engraftment b. solaura or solering c. escritura or writing . pintura or painting e. tejio or weaving "ests to determine rincial% a. t!e >r*le o1 i/:ortan+e and   :*r:ose b. that of greater value c. that of greater volume d. t!at o1 greater /erits Rules: Ajunction in goo faith by either owner< < accessory follows the principal. if the accessory is much more precious than the principal, the owner of the accessory may eman the separation even if the principal suffers some injury b) c) Adjunction in bad faith by the owner of the principal  option of the owner of the accessory< i) to recover the value amages ii) to eman separation amages Ajunction in ba faith owner of the accessory i) he loses the accessory ii) he is liable for amages plus plus by the  W.e/ se+,$,tio/ o8 t.i/-s ,llo mi0ture of solis b. onfusion > mi0ture of li9uis  Rules: a. %y the will of both owners or by accient< each owner ac9uires b. c. an interest in proportion to the value of his material %y one owner in goo faith< apply rule(a) %y one owner in ba faith< i) he loses all his rights to his own material ii) he is liable for amages *. Secification  "t is the transformation of anotherGs material by the application of labor. he material becomes a thing of ifferent in.  *abor is the principal  Rules: a) wner of the principal (worer) in goo faith< i) maer ac9uires the new thing ii) he must inemnify the owner of the material < if the material is more valuable than the resulting thing, the owner of the material has the option< 1) to ac9uire the wor, inemnifying for the labor, or  2) to eman inemnity for the material b) owner of the principal (worer) in ba faith< the owner of the material has the option< i) to ac9uire the result without inemnity ii) to eman inemnity for the material plus amages c) wner of the material in ba faith i) he loses the material ii) he is liable for amages Adjunction Mixture 1. Involves at least 2 things Involves at least 2 things Specification May involve one thing or more) but form is changed 2. Accessory follows the principal !o" ownership results Accessory follows the principal !. hings  joine retain their nature hings mi0e or confuse may either  retain or lose their respective natures he new object retains or preserves the nature of  the original object. =UIETIN6 OF TITLE  "t is an e9uitable action in rem to etermine the conition of the ownership or the rights to immovable property, an remove oubts thereon.  Requisites: plaintiff must have a legal or  e9uitable title to, or interest in the real property which is the subject matter of  the action2. there must be a clou in such title!. such clou must be ue to some instrument, recor, claim, encumbrance or  proceeing which is apparently vali but is in truth invali, ineffective, voiable or  unenforceable, an is prejuicial to the plaintiffGs title- an . plaintiff must return to the efenant all benefits he may have receive from the latter, or reimburse him for e0penses that may have reoune to his benefit. 1.  P$es3$i+tive Pe$iod: 1. plaintiff in possession > imprescriptible 2. plaintiff not in possession > 1; (orinary) or !; years (e0traorinary) Action to quiet title Action to remove a cloud on title PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved  the instrument or entry in plaintiffGs favor is not what it purports to be c) to bounary isputes ) to ees by strangers to the title U=*/SS purporting to convey the property of the plaintiff  e) to instruments invali on their  face f) where the valiity of the instrument involves pure 9uestions of  law Rui/ous !uildi/-s ,/d T$ees i/ D,/-e$ o8 F,lli/-: to builings > the owners is  As oblige to emolish or e0ecute necessary wor to prevent the builing from falling. Shoul he fail to o so, the authorities shall orer its emolition at the e0pense of  the owner, or tae measures to insure public safety.  he complainant must show that his property is ajacent to the angerous construction, or must have to pass by necessity in the immeiate vicinity.  he owner is responsible for amages to others ue to lac of necessary repairs. Fowever, if the amage is cause by efects in the construction, then the builer is responsible for the amages. CO9OWNERSHIP  De8i/itio/: the right of common ominion which two or more persons have in a spiritual part of a thing which is not physically ivie.  NATURE OF TE A!T"ON remedial action #reventive action involving a present to prevent a future adverse claim cloud on the title  C.,$,3te$isti3s: a) plurality of subjects (the co4 owners) b) there is a single object which is not materially ivie c) there is no mutual representation by the co4owners ) it e0ist for the common enjoyment of the co4owners e) it has no istinct legal personality T.e ,3tio/ to quiet title does /ot ,++l*: a) to 9uestions involving interpretation of ocuments b) to mere written or oral assertions of claims- /K/#< i) if mae in a legal proceeing ii) if  it is being asserte that Co/3e+t: co4ownership e0ists where the ownership of a thing physically univie pertains to more than one person.  8. no public instrument neee even if real property is the object of the 8. &ay be mae in any form e0cept when real property is contribute :. An agreement to eep the thing univie for a perio of more than :. here may be agreement as to a efinite term without limit set by law Rules:  C.,$,3te$isti3s: a) plurality of subjects (the co4 owners) b) there is a single object which is not materially ivie c) there is no mutual representation by the co4owners ) it e0ist for the common enjoyment of the co4owners e) it has no istinct legal personality f) it is governe first of all by the contract of the parties- otherwise, by special legal provisions, an in efault of such provisions, by the provisions of  itle """ on co4ownership  Sou$3es: 1. *aw 2. ontract !. hance . ccupation . Succession 3. estamentary isposition or  onation inter vivos !o#o$ner%&ip 1. !an be created without the formalities of a contract 2. %as no juridical or legal personality &. #urpose is collective enjoyment of the thing '. !o"owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co"owner . *here is no mutual representation Partner%&ip 1. !an be created only by contract$ express or implied 2. %as juridical personality distinct from the partners &. #urpose is to obtain profits '. A partner$ unless authori(ed cannot dispose of his share and substitute another as a partner in his place . A partner can generally bind the partnership +. ,istribution of  +. ,istribution of  profits must be profits is subject to proportional to the the stipulation of the respective interests parties of the co"owners -. A co"ownership is -. ,eath or not dissolved by the incapacity dissolves death or incapacity the partnership of a co"owner  1. 8. no public instrument neee even if real property is the object of the 8. &ay be mae in any form e0cept when real property is contribute :. An agreement to eep the thing univie for a perio of more than :. here may be agreement as to a efinite term without limit set by law Rules: Ri-.ts o8 e,3. 3o9oo$it* o8 i/te$ests: a) &anagement &inority may appeal to the court  against the majorityGs ecision if the same is seriously prejuicial. b) /njoyment c) "mprovement or embellishment conveye or transferre to persons other  than 6ilipino citi7ens or corporations at least 3;L of the capital stoc of which belong to 6ilipino citi7ens, e0cept in cases of  hereitary succession. G-L 5L6 ommon areas shall remain univie, an there shall be no juicial partition thereof< C9OS6 1. @hen the project has not been rebuilt or  ? Ri-.ts ,s to t.e ide,l s.,$e o8 e,3. 3o9 o where possessor claims the thing for himself  b) "n the name of another > for whom the thing is hel by the possessor  c) "n the concept of owner > possessor of the thing or right , by his actions, is consiere or is believe by other people as the owner, regarless of  the goo or ba faith of the possessor  ) "n the concept of holer > possessor hols it merely to eep or enjoy it, the ownership pertaining to another personpossessor acnowleges in another a superior right which he believes to be ownership. =/< =one of these holers assert a claim of  ownership in himself over the thing but they may be consiere as possessors in the concept of  owner, or uner claim of ownership, with respect to the right they respectively e0ercise over the thing. e) "n goo faith > possessor is not aware that there is in his title or moe of  ac9uisition a efect that invaliates it  Requisites: 1. stensible title or moe of  ac9uisition 2. Bice or efect in the title !. #ossessor is ignorant of the vice or  efect an must have an honest belief that the thing belongs to him NOTE: +ross an ine0cusable ignorance of  the law may not be the basis of goo faith, but possible, e0cusable ignorance may be such basis. (?asilag vs o@*e, " H9L #7) f) "n ba faith > possessor is aware of the invaliating efect in his own title. NOTES:  nly personal nowlege of the flaw in oneGs title or moe of a c9uisition can mae him a possessor in ba faith. "t is not transmissible even to an heir.  #ossession in goo faith ceases from the moment efects in his title are mae nown to the possessor. his interruption of goo faith may tae place at the ate of  summons or that of the answer if the ate of summons oes not appear. Fowever, there is a contrary view that the ate of summons may be insufficient to convince the possessor that his title is efective. !. #roper acts an legal formalities establishe for ac9uiring such right.  P$esu2+tio/s i/ 8,vo$ o8 +ossesso$: 1. of goo faith 2. of continuity of initial goo faith !. of enjoyment in the same character  in which possession was ac9uire until the contrary is prove . of non4interruption in favor of the present possessor  . of continuous possession by the one who recovers possession of which he was wrongfully eprive 3. of e0tension of possession of real property to all movables containe therein  O>e3t o8 +ossessio/:  All things an rights susceptible of being appropriate 1. 2. !. . $es communes #roperty of public ominion 'iscontinuous servitues =on4apparent servitues A3quisitio/ o8 +ossessio/:  ",//e$  1. &aterial occupancy of the thing 2. Subjection to the action of our will Co/8li3ts etu$,to$i, where the usufructuary, being unable to file the re9uire bon or  security, files a verifie petition in the proper court asing for the elivery of the house an furniture necessary for himself  an his family without any bon or security.  taes an oath to tae care of the things an restore them cannot be  property the owner unless there is a right of retention b. o pay legal interest on the amount spent by the owner for e0traorinary repairs or ta0es on the capital c. o inemnify the owner for any losses ue to his negligence or of his transferees E7ti/-uis.2e/t o8 Usu8$u3t< (#2'/$&) 1. Prescription alienate or encumbere or  lease because this woul mean that the usufructuary oes not nee it. NOTE: E88e3ts o8 8,ilu$e to +ost o/d: 1. owner shall have the following options< a. receivership of realty, sale of movables, eposit of  securities, or investment of money- $ b. retention of the property as aministrator  2. the net prouct shall be elivere to the usufructuary !. usufructuary cannot collect creits ue or mae investments of the capital without the consent of the owner or of the court until the bon is given. 2. uring t'e usufruct% a. o tae care of the property b. o replace with the young thereof  animals that ie or are lost in certain cases when the usufruct is constitute on floc or her of  livestoc c. o mae orinary repairs . o notify the owner of urgent e0tra4orinary repairs e. o permit wors an improvements by the nae owner  not prejuicial to the usufruct f. o pay annual ta0es an charges on the fruits g. o pay interest on ta0es on capital pai by the nae owner  h. o pay ebts when the usufruct is constitute on the whole patrimony i. o secure the nae ownerGs or courtGs approval to collect creits in certain cases  j. o notify the o wner of any prejuicial act committe by thir persons . o pay for court e0penses an costs regaring usufruct. !.  At t'e termination of t'e usufruct% a. o return the thing in usufruct to the owner unless there is a right of retention b. o pay legal interest on the amount spent by the owner for e0traorinary repairs or ta0es on the capital c. o inemnify the owner for any losses ue to his negligence or of his transferees E7ti/-uis.2e/t o8 Usu8$u3t< (#2'/$&) 1. Prescription 2. Termination of right of the person constituting the usufruct !. Total loss of the thing . Death of the usufructuary, unless contrary intention appears . E0piration of the perio or fulfillment of  the resolutory conition 3. Renunciation of the usufructuary 5. "erger of the usufruct an ownership in the same person EASE"ENT OR SER#ITUDE  /ncumbrance impose upon an immovable for the benefit of a community or one or  more persons or for the benefit of another  immovable belonging to a ifferent owner.  Co/3e+t: it is a real right, constitute on the corporeal immovable property of another, by virtue of which the owner of the latter has to refrain from oing or must allow something to be one on his property, for the benefit of another person or  tenement.  C.,$,3te$isti3s: "t is a real right but will affect thir persons only when uly registere "t is enjoye over another immovable, never on oneGs own property "t involves two neighboring estates (in case of real easements) "t is inseparable from the estate to which it is attache, an, therefore, cannot be alienate inepenently of the estate "t is inivisible for it is not affecte by the ivision of the estate between two or  more persons a) b) c) ) e) f) "t is a right limite by the nees of the ominant owner or estate, without possession g) "t cannot consist in the oing of an act unless the act is accessory in relation to a real easement h) "t is a limitation on the servient ownerGs rights of ownership for the benefit of the ominant owner- an, therefore, it is not presume  Classification% 1.  As to its eercise% a)ontinuous /asements > those the use of which is, or may be, incessant without the intervention of any act of  man b) 'iscontinuous /asements > those which are use at intervals an epen upon the acts of man 2.  As to t'e indication of t'eir eistence% a) Apparent /asements > those which are mae nown an are continually ept in view by e0ternal signs that reveal the use an enjoyment of the same b) =on4apparent /asements > those which show no e0ternal inication of their e0istence !.  As to dut/ of ser&ient owner  a) #ositive > the servient owner   must allow something to be one in his property or o it himself. hese are calle servitues of intrusion an orHserviceE b) =egative > the servient owner   must refrain from oing something which he coul lawfully o if the easement i not e0ist Ea%ement   !. here is a limite right to the use of  real property of   another but without the right of   possession *imite right to both the possession an use of anotherGs property Ea%ement U%ufruct 1. Imposed only on real property May involve either real or personal property Includes all the uses and the fruits of the property 2. 5imited to particular or specific use of the servient estate &. A non"possessory right over an immovable Involves a right of  possession in an immovable or immovable '. ot extinguished by the death of the dominant owner /xtinguished by the death of the usufructuary  "odes o8 A3quisitio/: (#'6A) 1. by +rescription of 1; years (continuous an apparent easements) 2. by dee of recognition !. by 8 inal jugment . by ,pparent sign establishe by the owner of two ajoining estates . by title Do2i/,/t Ou$is t,/tu2): 1. in ajoining walls of b uilings, up to common elevation . in itches or rains between tenements   Reutt,l o8 +$esu2+tio/: 1. title 2. by contrary proof< !. by signs contrary to the e0istence of the servitue (Arts. 33; ? 331) NOTE: if the signs are contraictory, they cancel each other  Ri-.ts o8 +,$t o the right to mae openings or winows, to enjoy the view through the estate of another  an the power to prevent all constructions or wor which woul obstruct such view or  mae the same ifficult. "t necessarily inclues easement of light of the lan covere by increase  the Oli-,tio/s o8 e,3. +,$t9o the right to mae openings or winows, to enjoy the view through the estate of another  an the power to prevent all constructions or wor which woul obstruct such view or  mae the same ifficult. "t necessarily inclues easement of light Rest$i3tio/s o/ o+e/i/-s i/ o/es o counte from the time of the opening of the winow, if it is through a party wall b. negative > counte from the formal prohibition on the servient owner. NOTE: mere non4observance of istances prescribe by Art. 35; without formal prohibition, oes not give rise to prescription #OLUNTARY EASE"ENTS onstitute by the will of the parties or of a  testator.  he owner possessing capacity to encumber property may constitute voluntary servitue. "f there are various owners,  A** must consent- but consent once given is not revocable Boluntary easements are establishe in  favor of< 1. preial servitues< a. for the owner of the ominant estate b. for any other person having any  juriical relation with the ominant estate, if the owner ratifies it. 2. personal servitues< for anyone capacitate to accept. NUISANCE  Any act, omission, establishment, business or  conition of property or anything else which< (ISAHO) 1. InjuresHenangers the health or safety of  others2. Shocs, efies or isregars ecency or  morality!. Annoys or offens the senses. Hiners or impairs the use of proper ty- or  . Obstructs or interferes with the free passage to any public highway or  street, or boy of water.  Cl,sses: 1. #er se > nuisance at all times an uner  all circumstances regarless of location an surrouning. 2. #er acciens > nuisance by reason of circumstances, location, or  surrounings. !. #ublic > affects the community or a consierable number of persons. . #rivate > affects only a person or a small number of persons. Do3t$i/e o8 Att$,3tive Nuis,/3e: ne who /aintains on his premises  angerous instrumentalities or appliances of  a character liely to attract chilren in play an who 1ails to e0ercise orinary care to prevent chilren from playing therewith or  resorting thereto is liable to a chil of  tener years who is injure thereby, even if the chil is technically a trespasser in the premises. Re2edies ,-,i/st +uli3 /uis,/3e: (#/) 1. Prosecution uner the $# or local orinance 2. Civil Action !. E0trajuicial Abatement Re2edies ,-,i/st +$iv,te /uis,/3e: (/) 1. Civil Action 2. E0trajuicial Abatement DIFFERENT "ODES (,/d TITLES) o8  AC=UIRIN6 OWNERSHIP Mode% of  acquirin( o$ner%&ip  A. Original Modes 1. 6ccupation 1. !ondition of   being without 7nown owner 2. 8or7 which 2. !reation$ includes discovery or invention Intellectual creation &. '. . E7t$,>udi3i,l A,te2e/t  Requisites: 1. nuisance must be specially injurious to the person affecte2. no breach of peace or  unnecessary injury must be committe!. prior eman. prior eman has been rejecte. approval by istrict health officer an assistance of local police- an 3. value of estruction oes not e0cee #!,;;;. +. -.   Requisites: 1. there must be sei7ure of a thing 2. the thing sei7e must be corporeal personal property !. the thing must be susceptible of appropriation by nature . the thing must be without an owner  . there must be an intention to appropriate  S+e3i8i3 i/st,/3es: 1. hunting an fishing 2. fining of movables which o not have an owner  !. fining of abanone movables . fining of hien treasure "ODE is the specific cause which gives rise to them, as the result of the presence of a special conition of things, of the aptitue an intent of persons, an of  compliance with the conitions establishe by law. his is the pro0imate cause of the ac9uisition. TITLE is the juriical justification for the ac9uisition or a transfer of ownership or  other real right. his is the remote cause of the ac9uisition. . catching of swarm of bees that has escape from its owner, uner certain conitions 3. catching of omesticate animals that have escape from their  owners, uner certain conitions 5. catching of pigeons without frau or artifice 8. transfer of fish to another breeing place without frau or artifice B. Derivative modes 5aw &. /xistence of   re9uired conditions *radition '. !ontract of the parties ,onation . !ontract of the parties #rescription +. #ossession in the concept of  owner :uccession -. ,eath OCCUPATION a moe of ac9uiring ownership by the  sei7ure of things corporeal which have no owner, with the intention of ac9uiring them, an accoring the rules lai own by law. THEORY OF "ODE AND TITLE  Title% of  acquirin( o$ner%&ip 2. transmission shoul be by just title !. grantor an grantee shoul have intention an capacity to transmit an ac9uire . transmission shoul be manifeste by some act which shoul be physical, symbolical or legal DONATION  an act of liberality whereby a person isposes gra tuitously of a thing or right in . catching of swarm of bees that has escape from its owner, uner certain conitions 3. catching of omesticate animals that have escape from their  owners, uner certain conitions 5. catching of pigeons without frau or artifice 8. transfer of fish to another breeing place without frau or artifice TRADITION4DELI#ERY a moe of ac9uiring ownership as a  +onse@*en+e o1 +ertain +ontra+ts, by virtue of which, the object is place in the control an possession of the transferee, actually or constructively.   5i/ds: 1. $eal raition 4 actual elivery 2. onstructive raition a. traditio sy/$oli+a  > parties mae use of a toen or  symbol to represent the thing elivere b. traditio longa /an*  > by mere consent of the parties if the thing sol cannot be transferre to the possession of the venee at the time of the sale c. traditio $revi /an*  > when the venee alreay has possession of the thing sol by virtue of another title . traditio +onstit*t*/  :ossessori*/  > when the venor  continues in possession of the thing sol not as owner but in some other capacity !. Puasi4traition > e0ercise of the right of the grantee with the consent of  the grantor  . radi+ion :or /inisterio de la ley   > elivery by operation of law ". radition $y :*$li+ instr*/ent  Requisites: 1. right transmitte shoul have previously e0iste in the patrimony of the grantor  2. transmission shoul be by just title !. grantor an grantee shoul have intention an capacity to transmit an ac9uire . transmission shoul be manifeste by some act which shoul be physical, symbolical or legal DONATION  an act of liberality whereby a person isposes gra tuitously of a thing or right in favor of another who accepts it  Requisites: "'A 1. onor must have 3apacity to mae the onation 2. he must have onative intent (animus onani) !. there must be delivery 4. onee must ,ccept or consent to the onation  Esse/ti,l 8e,tu$es4ele2e/ts o8 , t$ue do/,tio/: a) Alienation of property by the onor  uring his lifetime, which is accepte b) "rrevocability by the onor  c) "ntention to benefit the onee (animus onani) ) onse9uent impoverishment of the onor (iminution of his assets)  Cl,ssi8i3,tio/: 1. As to effectivity< a. inter vivos b. mortis causa c. propter nuptias 2. As to perfectionHe0tinguishment< a. pure b. with a conition c. with a term !. As to consieration< a. simple 4 gratuitous b. remuneratory or compensatory > mae on account of oneeGs merits c. moal > imposes upon the onee a buren which is less than the value of  the thing onate Do/,tio/ I/te$  Do/,tio/ "o$tis #ivos C,us, 1. aes effect aes effect upon inepenently of the the eath of the onorGs eath onor  2. itle conveye to the onee before the onorGs 1;. &ae by spouses to each other  uring the marriage or to persons of whom the other spouse is a presumptive heir. itle conveye upon onorGs eath !. Bali if onor  Boi if onor survives survives onee onee . +enerally irrevo4  Always revocable cable uring G . &ust comply &ust comply with the with the formalities re9uire by formalities law for the e0ecution re9uire by Arts. f wills 58 an 5: of the Do/,tio/s +$o.iited * l,<: 1. &ae by persons guilty of aultery or  concubinage at the time of onation2. &ae between persons foun guilty of  the same criminal offense in consieration thereof!. &ae to a public officer or hisHher spouse, escenants or ascenants in consieration of hisHher office. &ae to the priest who hear the confession of the onor uring the latterGs last illness, or the minister of the gospel who e0tene spiritual ai to him uring the same perio. &ae to relatives of such priest, etc. within the th egree, or to the church to 3. 5. 8. :. which such priest belongs&ae by a war to the guarian before the approval of accounts&ae to an attesting witness to the e0ecution of onation, if there is any, or  to the spouse, parents, or chilren, or  anyone claiming uner them. &ae to a physician, surgeon, nurse, health officer or ruggist who too care of  the onor uring hisHher last illness&ae by iniviuals, associations or  corporations not permitte by law to mae onations- an Fo$2s o8 do/,tio/s: 1. onations of mo&a0le roert/% a. @ith simultaneous elivery of property onate< i.it may be oralHwritten > #,;;; or lessii.if value e0cees #,;;; > written in public or private ocument b. @ithout simultaneous elivery< the onation an acceptance  must be written in a public or  private instrument, regarless of  NOTE: /0pression of gratitue to the onor  without e0press acceptance was hel a sufficient acceptance (C*evas vs C*evas) LI"ITATIONS ON DONATION OF PROPERTY 1. 6uture property cannot be onate. 2. #resent property that can be onate< a) if the onor has force heirs< he cannot give or receive by onation more than he can give of receive by will Fo$2s o8 do/,tio/s: 1. onations of mo&a0le roert/% a. @ith simultaneous elivery of property onate< i.it may be oralHwritten > #,;;; or lessii.if value e0cees #,;;; > written in public or private ocument b. @ithout simultaneous elivery< the onation an acceptance  must be written in a public or  private instrument, regarless of  value +. onation of immo&a0le roert/% a. must be in a public instrument specifying the property onate an the burens assume by onee, regarless of value b. acceptance must be either< i. in the same instrument- or  ii. in another public instrument, notifie to the onor in authentic form, an note in both ees relatives which are entitled to $e s*::orted $y !i/. EFFECTS OF DONATION 1. onee may eman the elivery of the thing onate 2. onee is subrogate to the rights of the onor in the property !. in onations propter nuptias, the onor  must release the property from encumbrances, e0cept NOTE: /0pression of gratitue to the onor  without e0press acceptance was hel a sufficient acceptance (C*evas vs C*evas) LI"ITATIONS ON DONATION OF PROPERTY 1. 6uture property cannot be onate. 2. #resent property that can be onate< a) if the onor has force heirs< he cannot give or receive by onation more than he can give of receive by will b) if the onor has no force heirs< onation may inclue all present property provie he reserves in full ownership or in usufruct< 1) the amount necessary to support him, an 2) those relatives entitle to support from him !) property sufficient to pay the onorGs ebt contracte prior to the onation. !. 'onation shoul not prejuice creitors . 'onee must reserve sufficient means for his support an for his rights through the la pse of time in the manner an uner the conitions lai own by law. a. Ordinary a+@*isitive  :res+ri:tion< re9uires possession of  things in goo faith an with just title for the time fi0e by law b. traordinary a+@*isitive  :res+ri:tion< ac9uisition of ownership an other real rights without nee of  title or of goo faith or any other  relatives which are entitled to $e s*::orted $y !i/. EFFECTS OF DONATION 1. onee may eman the elivery of the thing onate 2. onee is subrogate to the rights of the onor in the property !. in onations propter nuptias, the onor  must release the property from encumbrances, e0cept servitues . onorGs warranty e0ists if  a. e0presse b. onation is propter nuptias c. onation is onerous . onor is in ba faith . when the onation is mae to several onees jointly, they are entitle to e9ual portions, without accretion, unless the contrary is stipulate P,*2e/t o8 t.e do/o$s det * t.e do/ee 1. "f there is e0press stipulation< the onee is to pay only ebts contracte before the onation, if not otherwise specifie- but the onee answers only up to the value of  the property onate, if no stipulation is mae to the contrary 2. "f there is no stipulation< the onee is answerable for the ebts of the onor  only in case of frau against creitors. ACTS OF IN6RATITUDE 1. "f the onee shoul commit some offense against the person, honor or property of the onor, or of his wife or chilren uner his parental authority 2. "f the onee imputes to the onor any criminal offense, or any act involving moral turpitue, even though he shoul prove it, unless the crime or act has been committe against the onee himself, his wife or  chilren uner his authority !. $efusal to support the onor  PRESCRIPTION  5i/ds: 1. A3quisitive +$es3$i+tio/ 4 ownership an other real one ac9uires rights through the la pse of time in the manner an uner the conitions lai own by law. a. Ordinary a+@*isitive  :res+ri:tion< re9uires possession of  things in goo faith an with just title for the time fi0e by law b. traordinary a+@*isitive  :res+ri:tion< ac9uisition of ownership an other real rights without nee of  title or of goo faith or any other  conition  Requisites: 1) capacity to ac9uire by prescription 2) a thing capable of ac9uisition by prescription !) possession of thing uner certain conitions ) lapse of time provie by law 2. E7ti/3tive P$es3$i+tio/ > rights an actions are lost through the lapse of time in the manner an uner the conitions lai own by law. Acqui%itive pre%cription 1. relationship between the occupant and the land in terms of  possession is capable of producing legal conse9uences it is the possessor who is the actor 2. re9uires possession by a claimant who is not the owner Extinctive pre%cription 1. one does not loo7 to the act of the possessor but to the neglect of the owner 2. re9uires inaction of the owner or neglect of one with a right to bring his action &. applicable to &. applies to all ownership and other 7inds of rights$ real rights whether real or personal '. vests ownership or '. produces the other real rights in extinction of rights the occupant or bars a right of  action . results in the . results in the loss ac9uisition of   of a real or personal ownership or other right$ or bars the real rights in a person cause of action to as well as the loss of  enforce said right said ownership or real rights in another 3. can be proven uner the general issue without its being affirmatively pleae Pe$iod o8 P$es3$i+tio/ "ov,les 3. shoul be affirmatively pleae an prove to bar the action or  claim of the averse party I22ov,les  years & 6ood F,it. 1; years 8 years ; !,d F,it. !; years Rules o/ Co2+ut,tio/ o8 Pe$iod: 1. he present possessor may complete the perio necessary for prescription by tacing his possession to that of his grantor or preecessor  2. "t is presume that the present possessor  who was also the possessor at a previous time, has continue to be in possession uring the intervening time, unless there is proof to the contrary A3tio/s P$es3$i+tive +e$iod a) "mprescriptible  to eclare an ine0istent or voi contract  to 9uiet title  to eman a right of way  to bring an action for abatement of public nuisance  to eman !. he first ay shall be e0clue an the last ay inclue Pe$so/s A-,i/st W.o2 P$es3$i+tio/ $u/s: 1. &inors an other incapacitate persons who have parents, guarians or other legal representatives 2. Absentees who have aministrators !. #ersons living abroa who have managers or aministrators . Ouriical persons, e0cept the state an its subivision Pe$so/s ,-,i/st <.o2 +$es3$i+tio/ does NOT $u/: 1. %etween husban an wife, even though there be separation of property agree upon in the marriage settlements or by juicial ecree. 2. %etween parents an chilren, uring the minority or insanity of the latter  !. %etween guarian an war uring the continuance of the guarianship P$es3$i+tive +e$iod g)  I/A$S A3tio/s  action to revoe onations ue to non4compliance of conitions  action to rescin partition of eceaseGs estate on account of  lesion  action to claim rescission of a) "mprescriptible b) !; I/A$S  to eclare an ine0istent or voi contract  to 9uiet title  to eman a right of way  to bring an action for abatement of public nuisance  to eman partition in co4 ownership  to enforce a trust  probate of a will  to recover possession of a registere lan uner the *an $egistration Act by the registere owner   real actions over immovables (but not foreclosure) without prejuice to the ac9uisition of ownership or real rights by g)  I/A$S h) ! I/A$S  action to revoe onations ue to non4compliance of conitions  action to rescin partition of eceaseGs estate on account of  lesion  action to claim rescission of contracts  annulment of  contracts for vice of consent  actions upon a 9uasi4elict  action to revoe or reuce onations base on birth, appearance or aoption of a chil  actions upon an  actions uner  the eight hour labor law  actions to recover losses in gambling money claims as a conse9uence of b) !; I/A$S  real actions over immovables (but not foreclosure) without prejuice to the ac9uisition of ownership or real rights by ac9uisitive prescription h) ! I/A$S uner  the eight hour labor law  actions to recover losses in gambling money claims as a conse9uence of employer4 employee relationship  action to impugn legitimacy of a chil if the c) 1; I/A$S  actions upon a written contract  actions upon an obligation create by law  actions upon a  jugment from the time  jugment becomes final  actions among co4heirs to enforce warranty against eviction in artition i) 2 I/A$S  action to impugn legitimacy of a chil if the husban or his heirs are not resiing in the city or municipality of birth ) 8 I/A$S  a+tion to re+over /ova$les 0it!o*t :reA*di+e to a+@*isition o1 title 1or a s!orter  :eriod or to t!e  :ossessors title *nder -rts. '', #'' and ##33  j) 1 I/A$  actions  action to impugn legitimacy of a chil if the husban or his heirs are resiing in the city or municipality of birth  forcible entry an unlawful etainer   'efamation  $evocation of  onation on the groun of ingratitue  $escission or for  amages if immovable is sol with an apparent