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Property Reviewer Complete

property reviewer




+ Ad Majorem Dei Gloriam PROPERTY NOTES PRELIMINARY PROVISIONS Art 414 All things which are or may e the o!ect o" a##ro#riation are consi$ere$ either% 1& Immo'ale or re al # ro#erty( o r )& Mo'ale or # ersonal #ro #erty& What’s a thing? any object that exists and is capable of satisfying some human needs includes both objects that are already possessed or owned and those that are susceptible of appropriation more comprehensie term !than property"# as there are things which are not susceptible of appropriation and they are not included in the concept of property $ights as property 0property1 is sometimes used to denote the thing with respect to which legal relations between persons exist 2 the res oer which rights !particularly ownership" may be exercised 2 and sometimes to the rights with respect to the thing either real or property • • • • • What is a real right? $ight or interest belong to a person oer a specific thing Without a definite passie subject against whom such right may be personally enforced Jus in re /he res of a real right may be 3ersonal property !as in pledge and chattel mortgage" o $eal property !easement# real mortgage" o .ither personal or real !as in ownership# possession# usufruct" o • • • • What’s property? refers to any thing which is already the object of appropriation or found in the possession of man • $e%uisites of property &' (tility )apacity to satisfy some human wants *' ubstantiity ,uality of haing existence apart from any other thing -' Appropriability usceptibility of being possessed by man Res communes or common things are not capable of appropriation in their entirety# although they may be appropriated under certain conditions in a limited way# and thereby become property in law .lectricity# oxygen# etc o Res nullius or a thing may hae no owner because it has not yet been appropriated# or because it has been lost or abandoned by the owner' it constitutes property as long as it is susceptible of being possessed for the use of man Wild animals# hidden treasure o /hings cannot be considered as property when they are not susceptible of appropriation because of legal impossibility !you can’t sell your body while you’re alive, o at least not legally) or physical impossibility !you can’t own the moon, at least not yet) o • • • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • 4f the res ofit a right is real property# the right itself is real property5 otherwise is real personal property )lassification of real rights based upon dominion &' Domino pleno 2 powers to enjoy and to dispose are united a' Dominion# ciil possession# hereditary right *' Domino menos pleno 2 powers to enjoy and dispose are separated a' urface right# usufruct -' Domino limitado 2 powers to enjoy and to dispose# though united# are limited a' 6y a guaranty !mortgage# pledge" b' 6y a charge !easement" c' 6y a priilege !pre7emption# redemption" What is a personal right? $ight or power of a person /o demand from another as a definite subject /he fulfillment of the latter’s obligation' Jus in personam or jus ad rem 3ersonal right# or right of obligation# has the following elements8 &' Actie subject !person in whom the right resides" *' 3assie subject !person against whom the right is aailable" • • • • • 1 + Ad Majorem Dei Gloriam PROPERTY NOTES -' @' bject or prestation or the conduct !to gie# to do# or not to do" uridical or legal tie which binds the parties to the obligation Cor prescription !@ and  years for moables5 &; and -; years for immoables" /ransactions inoling real property must be recorded in the $egistry of property to affect -rd parties' =ot re%uired with personal property# except for chattel mortgage cases' Art 41* The "ollowing are immo'ale #ro#erty% 1& Lan$+ ,il$in gs+ roa$s+ an$ cons tr,ctions o" all -in $s a$he re$ to the soil( )& Trees+ #lant s+ an$ gr owing "r,its+ while th ey are att ache$ to the lan$ or "orm an integral #art o" an immo'ale( .& E'erything attach e$ to an imm o'ale in a "i/e$ m anner+ in s,ch a way that it cannot e se#arate$ there"rom witho,t rea-ing the material or $eterioration o" the o!ect( 4& Stat,es+ reli e"s+ #aintin gs or ot her o!ects " or ,se or ornamentation+ #lace$ in ,il$ings or on lan$s y the owner o" the immo'ale in s,ch a manner that it re'eals the intention to attach them #ermanently to the tenements( *& Machinery+ rece#ta cles+ instr,m ents or im# lements inten$ e$ y • • • • • • • $eal $ight Definite actie subject who has a right against all persons generally as an indefinite passie subject bject is generally a corporeal thing )reated by Bmode’ and Btitle’ .xtinguished by the loss or destruction of the thing which it is exercised Directed against the whole world !actio in rem against -rd persons" • • • • • 3ersonal $ight Definite actie subject and a definite passie subject bject always an incorporeal thing )reated by Btitle’ 3ersonal right suries the subject matter Directed against a particular person !actio in personam" What’s the importance of the classification into moables or immoables? 4n priate international law# general rule is that immoables are goerned by the law of the country in which they are located# whereas moables are goerned by the personal law of the owner which in cases is the law of his nationality or his domicile 4n criminal law# usurpation of property can ta9e place only with real property' n the other hand# robbery and theft can be committed only against personal property 4n procedural law# actions concerning real property are brought in the $/) where the property is located# whereas actions inoling personal property are brought in the court where either the defendant or plaintiff resides' Corcible entry and unlawful detainer for $.A: property o $eplein or manual deliery for 3.$=A: o 4n contracts# only real property can be the subject matter of real mortgage and antichresis# while only personal property can be the subject matter of mutuum# oluntary deposit# pledge 4n order that the donation of an immoable may be alid# it must be made in a public instrument' Cor moables# may be oral or in writing !if more than 3<;;;# need only to be in a priate instrument" • • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  the owner o" the tenement "or an in$,stry or wor-s which may e carrie$ on ina ,il$ing or on a #iece o" lan$+ an$ which ten$ $irectly to meet the nee$s o" sai$ in$,stry or wor-s( Animal ho,ses+ #ige onho,ses+ eeh i'es+ "is h #on$s or r ee$ing #laces o" similar nat,re+ in cases their owner has #lace$ htem or #reser'es them with the intention to ha'e them #ermanently attache$ to the lan$+ an$ "orming a #ermanent #art o" it( the animals in these #laces are incl,$e$( 2& 3erti lier act,ally ,se$ on a #iece o" lan$( 5& Mines+ 6,arr ies+ an$ s lag $,m #s+ wh ile the ma tter the reo" "o rms #art o" the e$+ an$ waters either r,nning or stagnant( 7& 8oc-s an$ str,c t,res w hich+ tho,gh "lo ating+ are inten$ e$ y their nat,re an$ o!ect to remain at a "i/e$ #lace on a ri'er+ la-e+ or coast( 19& :ontracts "or #,lic wor-s+ an$ ser'it,$es an$ other real rights o'er immo'ale #ro#erty& 0& )lasses of immoable or real property !=4DA" &' 6y nature !cannot be carried from place to place" *' 6y incorporation !attached to an immoab le in a fixed man ner to be an integral part thereof" -' 6y destination !placed in an immoa ble for the util ity it gies" @' 6y analogy !by express proision of law beca use it is rega rded as 2 + Ad Majorem Dei Gloriam PROPERTY NOTES united to the immoable property" :ands# buildings# roads and constructions of all 9inds Must adhere to the soil 6uildings must be more or less of a permanent structure independent of and regardless of the ownership of the land on which it is erected since the law ma9es no distinction !so possible to mortgage building een if in the land of another# since it’s separate from the land $oads# whether public or priate# are immoable $eal property treated by the parties as personal property A building is by itself an immoable property irrespectie of o whether or not said structure and the land on which it is adhere to belong to the same owner A alid real estate mortgate can be constituted only on the o building erected on the land belonging to another /he parties to a contract of chattel mortgage may# by agreement# o treat as personal property that which by nature would be real property !estopped> o they can be subject to a writ of replein between parties"  Eoweer# the chattel mortgage is not binding on third persons' • • • 4f temporarily separated# will still be regarded as immoable if there is an intent to put them bac9 !but there are different opinions to this" 4ntent to attach permanently is essential 2 objects placed by humans with intention to permanent annexation lose their identity as moables • • • /rees# plants and growing fruits 4mmoable while they are8 Attached to the land# or o Corm an integral part of an immoable o nce cut or uprooted# they become moable Growing crops or fruits# or ungathered products or fruits# may be treated as personal property for the purposes of attachment# execution and the chattel mortgage law !ibal  Falde" When growing crops are sold and before they are een harested# the transaction is considered as sale of moables because it is a gien that they are to be gathered or harested for deliery • • • • .erything attached to an immoable in a fixed manner Attachment must be such that 4t cannot be separated from the immoable o Without brea9ing the material# or o Deterioration of the object o • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  tatues# reliefs# paintings# or other objects for use or ornamentation 4mmoable when8 3laced on the immoable by the owner of the latter# and o 4n such a manner that it reeals the intention to attach t hem o permanently to the tenements =ot necessarily by him personally# can be by his agent 4f placed by a person not the owner li9e a lessee# the object will not attain the character of immoable unless such person acts as an agent of the owner • • • Machinery# receptacles# instruments# or implements for an industry or wor9s 4mmoable only when8 3laced by the owner of the tenement or his agent o 4ndustry or wor9s must be carried on in a building or on a piece o of land Machinery# etc must tend directly to meet the needs of the said o industry or wor9s Machinery which is moable in its nature only becomes immobilied when placed in plant by the owner of the property or plant# but not when so placed by a tenant# a usufructuary# or any person haing only a temporary right !Davao Saw Mill v Castillo) .xception !becomes immoable"8 o &' uch person acted as the agent of the owner# or *' :ease agreement states that the machines will pass oer to the lessor after the expiration of the lease agreement !S !alde" case" Must be essential and be principal elements of an industry or wor9s to the business# not merely incidental to business !Mindanao #us Company v City $ssessor" )ash registers# typewriters for hotels# restaurants# theaters are o merely incidental# these businesses can continue on without them Machineries of breweries used in the manufacture of li%uor# o though moable by nature# are immobilied because they are essential to said industries • • • 3 + Ad Majorem Dei Gloriam PROPERTY NOTES • • Cor purposes of taxation# it doesn’t matter who placed the machines 2 the owner or mere lessee# as long as it is essential and principal elements of an industry' /he term Breal property’ may include things which should generally as personal property' 4t is a familiar phenomenon to see things classified as real property for purposes of taxation which on general principle might be considered personal property' !Meralco v Central #oard o% $ssessment $ppeals & in this case, the storage tan's were placed by Meralco, who wasn’t the owner o% the land, but it was still considered immovable) Attachment or incorporation to immoable not essential# since they become immoable because of destination# what is essential is their utility Animal houses# pigeon houses# beehies# fish ponds or breeding places of similar nature )onsidered immoable8 4n case their owner has placed them or preseres them o With the intention to hae them permanently attached to the o • land And forming a permanent part of it' /he animals in these places are included' Must permanently form part of the land and so intended by the owner o o • Certiliers actually used on a piece of land 4mmoable when Actually used on a piece of land o Certiliers 9ept in a barn are not immoable • • Mines# %uarries and slag dumps 4mmoable when While the matter thereof forms part of the bed o Meaning# the matter thereof remains unseered from the soil o Waters# either running or stagnant# are classified as immoables • • Doc9s and structures# though floating 4mmoable if 4ntended by their nature and object o /o remain at a fixed place on o A rier# la9e or coasts o • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  )ontracts for public wor9s and seritudes and other real rights oer immoables Where the res of a real right is real property# the right itself is real property' o ownership is real property if the thing owned is immoable :oan is real property by analogy if secured by a real estate o mortgage Where it is personal property# the right itself is personal property .xception8 case of contracts for public wor9s which are o considered real property • • • :;APTER TS Art 417 Pro#erty is either o" #,lic $ominion or o" #ri'ate ownershi# 3roperty is either of &' 3ublic dominion or property owned by the tate !o r its subdiisions" in its public or soereign capacity and intended for public use and not for the use of the tate as a juridical person Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  )harging of fees to the public does not affect the public character of the road or its character as property for public use' What are other property of similar character to those intended for public use? &' 3ublic streams# rier channels# rier beds# etc *' Accretions to the shores of the sea -' ubmerged lands or lands reclaimed from the sea by the goernment Mere reclamation of certain foreshore land does not conert these • 5 + Ad Majorem Dei Gloriam PROPERTY NOTES inalienable natural resources of the state into alienable or disposable lands of the public domain' /here must be a law or proclamation officially classifying them such' :ands that disappeared into the s ea )anals constructed on priate lands of pri ate ownership but the owne r loses his proprietary right oer said canal through prescription by allowing the public to use it for transportation Coreshore lands when the sea moed toward an estate and the tide inade it# the inaded property becomes foreshore and passes to the public realm 7 Coreshore land is the strip of land that lies between the high and low water mar9s :ot on which stairways were built for the use of the people as passageway to the highway • • • @' <' H' I' • • • :ands of the public domain Does not include all lands of goernment ownership but only so much of said lands as are thrown open to priate appropriation and settlement by homestead law Goernment lands 6roader term 4ncludes not only public lands# but alsoJ &' other lands of the goernment already resered or deoted to public use# *' or subject to priate rights# -' and patrimonial lands • • $oads refer to those constructed by the national goernment )anals constructed by priate persons oer priate lands are of priate Alienation of public agricultural land (nless pubic land is shown to hae been reclassified and alienated by the tate to a priate person# it remains part of t he inalienable public domain All other lands are presumed to belong to the tate ownership $oadstead is a place less sheltered or enclosed than a harbor where ships may ride at anchor Art 4)1 All other #ro#erty o" the State+ which is not o" the character state$ in the #rece$ing article+ is #atrimonial #ro#erty& 3roperties of public dominion are outside of the commerce of man' Again# their purpose is to sere the citiens' /hey can not be the object of appropriation either by the tate or priate persons' oJ &' )annot be sold# leased or be the subject of contracts *' )annot be ac%uired by prescription# not een by municipalities as against the tate -' )annot be encumbered# attached# or be subject to ley and so ld at public auction' @' )annot be burdened with easements <' )annot be registered under the land registration law and be the subject of a /orrens title 4nclusion of public dominion property does not confer title on the registrant • 3ublic lands  Goernment lands 3ublic lands • • 3atrimonial property 3roperty of the tate owned by it in its priate or proprietary character =ot for public use# serice or deelopment of the national wealth May be ac%uired bypriate indiiduals or juridical persons throu gh prescription5 can be the object of an ordinary contract • • • Art 4)) Pro#erty o" #,lic $ominion+ when no longer inten$e$ "or #,lic ,se or "or #,lic ser'ice+ shall "orm #art o" the #atrimonial #ro#erty o" the State& 3roperty of the =ational Goernment =ot self7executing /here must be a formal declaration by the executie !exercised by the 3resident" or possibly legislatie department that the property is no longer needed for public use or for public serice before the same can be classified as patrimonial property A positie act declaring land as alienable and disposable is re%uired • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  6 + Ad Majorem Dei Gloriam PROPERTY NOTES • • • • &' 3residential proclamation or executie order *' Administratieact ion -' 4nestigation reports of 6ureau of :ands inestigators @' :egislatie act or a statute !Sec o% D+R v -ap" )lassification of public lands is the exclusie prerogatie of the .xecutie Department 2 courts hae no authority !Sec o% D+R v -ap) Abandonment cannot be inferred from non7use' !Roponggi case) /wo re%uisites for judicial confirmation of imperfect or incomplete title# under )A &@& &' open# continuous# exclusie and notorious possession and occupation of the subject land by himself or through his predecessors7in7interest under a bona fide cliam of ownership since time immemorial or from une &*# &K@< *' classification of the land a s alienable and disposable land of the public domain !Sec o% D+R v -ap) (nclassified land? )onsidered as forest land !Sec o% D+R v -ap) 3roperty of 3olitical ubdiisions • • Cor proinces# cities and municipalities# the conersion must be authoried by law Municipal corporation has discretionary power to withdraw a street from public use and sell it' !Cebu ./ygen v #ecilles" Art 4). The #ro#erty o" #ro'inces+ cities+ an$ m,nici#alities is $i'i$e$ into #ro#erty "or #,lic ,se an$ #atrimonial #ro#erty& Art 4)4 Pro#erty "or #,lic ,se+ in the #ro'inces+ cities+ an$ m,nici#alities+ consist o" the #ro'incial roa$s+ city streets+ m,nici#al streets+ the s6,ares+ "o,ntains+ #,lic waters+ #romena$es+ an$ #,lic wor-s "or #,lic ser'ice #ai$ "or y sai$ #ro'inces+ cities or m,nici#alities& All other #ro#erty #ossesse$ y any o" them is #atrimonial an$ shall e go'erne$ y this :o$e+ witho,t #re!,$ice to the #ro'isions o" s#ecial laws& 3roperty of 3olitical ubdiisions =ote that the articles spea9 of property f or public use# indicating that properties for public serice are patrimonial' !ambulance of the local goernment" • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • • • 3olitical subdiisions cannot register as their own any part of the public domain# unless it is first shown that a grant thereof has been made or possession has been enjoyed during the period necessary to establish a presumption of ownership' 4f the property is owned by the municipality in its public and goernmental capacity# the property is public and )ongress has absolute control oer it' 4f it is owned in its priate or proprietary capacity# then it is patrimonial and )ongress has no control oer it' !page H-# de :eon" )ase doctrines8 /he use of subdiision roads by the general public does not strip it of its priate character' /ransfer of ownership from the subdiision owner7deeloper to the local goernment is not automatic but re%uires a positie act from the owner7 deeloper before the city or municipality can ac%uire dominion oer the subdiision roads' (ntil and unless the roads are donated# ownership remains with the owner7deeloper' !0oodridge School, nc v $R# Construction Co, nc) • • Art 4)* Pro#erty o" #ri'ate ownershi#+ esi$es the #atrimonial #ro#erty o" the State+ #ro'inces+ cities+ an$ m,nici#alities+ consists o" all #ro#erty elonging to #ri'ate #ersons+ either in$i'i$,ally or collecti'ely& 3riate property &' 6elonging to priate pe rsons# either indiidually or collectiely *' 6elonging to the tate and any of its subdiisions which are patrimonial in nature • /here is nothing that will prohibit churches from alienating things classified into Bsacred# religious# and holy'’ Art 4)0 /his doctrine may be ino9ed only where the actual possessor has some rights which must be respected -' Where claim to possession based on claim of ownership Where the ownership of a property was decided in a judgment# the deliery of possession should be considered included in the decision where the defeated party’s claim t o the possession is based on his claim of ownership @' Duty of endor to delier possession of thing sold )ontract of sale# endor bound not only to transfer ownership# but also delier )onsidered deliered only when endee has control and possession • TITLE II  OENERAL • • Art 4)2 Ownershi# may e e/ercise o'er things or rights • wnership is theJ 4ndependent right of a person to the exclusie enjoyment and control of a thing 4ncluding its disposition and recoery subject only to the restrictions or limitations established by law and the rights of others • • • • • 6eneficial wnership wnership recognied by law and capable of being enforced in court $ight to enjoyment in one person# legal title is in another • • =a9ed wnership .njoyment of all the benefits and priileges of ownership • • • wnership may be exercised oer things or rights &' /hing 2 usually refers to corporeal property *' $ights 2 whether real o r personal# res of rights may be corporeal or incorporeal Art 4)5 The owner has the right to en!oy an$ $is#ose o" a thing+ witho,t other limitations than those estalishe$ y law& The owner has also a right o" action against the hol$er an$ #ossessor o" a thing in or$er to reco'er it& /he seen jus7es &' 3ossidendi *' (tendi -' Cruendi @' Accessionis Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  $ight to use and enjoy or jus utendi necessarily includes the right to transform and the right to exclude any person from the enjoyment and disposal thereof he may use such force as may be reasonably necessary to repel or preent an actual or threatened unlawful physical inasion or usurpation !Art @*K" he may enclose or fence his property !Art @-;" limited because he cannot ma9e use of such property in a manner to injure the rights of a t hird person • • • • $ight to receie the fruits and accessories or jus %ruendi and accessionis ownership gies the right by accession to eerything which is produced • 8 + Ad Majorem Dei Gloriam PROPERTY NOTES thereby !see art @@;" Corcible entry and unlawful detainer !accion interdictal) Corcible entry $e%uisites8 i' 4nstituted by person depried of possession ii' (nlawful depriation of the possession of any land or building# by force# intimidation# threat# strategy or stealth iii' Ciled within & year from date of actual entry !but for cases of stealth and strategy# from date of 9nowledge of actual 9nowledge" i' At the M/) where property is located • $ight to consume or jus abutendi right of the owner to consume a thing by its use 2 the use that extinguishes • $ight to dispose or alienate or jus disponendi either totally !sale or donation" or partially !pledge# mortgage# etc" includes right not to dispose duty of endor to transfer ownership endor must be the owner or authoried to sell thing o o sufficient that he be the owner at the time of the deliery of the thing sold only the absolute owner can pledge or mortgage one’s property • • • • • $ight to recoer possession andLor ownership or jus vindicandi true owner must resort to judicial process for the recoery of the property he cannot ta9e the law into his own hands • • Actions aailable to recoer possession andLor ownership &' $ecoery of personal property8 $emedy of $eplein or manual deliery of personal property $e%uisites !$ule H;# $ules of )ourt"8 Applicant must show by his own affidait or that of some other person who personally 9nows the facts8 i' /hat the applicant is the owner of the property claimed# particularly describing it# $ is entitled to the possession thereof ii' /hat the property is wrongfully detained by the aderse party# alleging the cause of detention thereof according to the best of his 9nowledge# information and belief Applicant has burden of proing his ownership or right of possession oer the property in %uestion 6oth a principal remedy !regain possession" and a proisional remedy !allow the plaintiff to retain the thing wrongfully detained by another pendente lite" $ecoery of real property8 • • • • • • • • *' Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • (nlawful detainer $e%uisites8 i' 4nstituted by landlord# endor# endee or other person against who the possession of any land or building is unlawfully withheld ii' (nlawful possession after the expiration or termination of the right to hold possession !by irtue of contract# etc" iii' Ciled within & year from date of last demand to acate i' at the M/) where property is located Cor unlawful detainer# it is essential that the plaintiff’s supposed acts of tolerance must hae been present right from the start of the possession which is later sought to be recoered !Falde# jr  )A" nly issue inoled in both is mere physical or material possession !possession de %acto"# not juridical or ciil possession !possession de jure" 3laintiff need only to allege and proe prior possession de facto and undue depriation thereof 4t’s a %uieting process ummary in nature !to sole the problem %uic9ly and to protect the rights of the possessor" Difference between the two is the time when possession became unlawful 2 forcible entry8 time of entry5 unlawful detainer8 possession at first was legal# then became illegal 4f complaint fails to aer facts constitutie of forcible entry or unlawful detainer as when it does not state how entry was effected or how and when the dispossession started# the remedy should either beaccion publiciana or an accion reinvindicatoria !Falde# jr  )A" 9 + Ad Majorem Dei Gloriam PROPERTY NOTES • • Must be apparent in the face of the complaint !armiento  o )A" urisdictional facts 2 what does a plaintiff hae to allege? Cor unlawful detainer o i' 3laintiff’s right oer property !describing the property" ii' 3rior lawful possession i' 4f by tolerance# acts of tolerance must hae been present right from the start of the possession ii' 4f by lease# contractual agreement must be shown iii' 6ecame unlawful !by termination of lease contract or non7 payment of rents" i' .xtrajudicial demand to acate i' 4f by non7payment# demand letter to 3A $.=/ and FA)A/. premises !bar %uestion" ' Within one year from last demand )an the M/) rule on the issue of ownership in an ejectment case? es> 6ut only proisionally' • • • • • /he primal rule is that the principal issue must be that of possession# and that ownership is merely ancillary# in which case the issue of ownership may be resoled but only for the purpose of determining the issue of possession' 4t must sufficiently appear from the allegations in the complaint that what the plaintiff really and primarily see9s is the restoration of possession' 4nferior court cannot adjudicate on the nature of ownership where the relationship of lessor and lessee has been sufficiently established in the ejectment case# unless it is sufficiently established that there has been a subse%uent change in or termination of the relationship between the parties' /he rule in forcible entry cases# but not in those for unlawful detainer# is that a party who can proe prior possession can recoer such possession een against the owner himself' Ee has the security that entitles him to remain on the property until he is lawfully ejected by a person haing a better right through anaccion publiciana or accion reinvindicatoria Where the %uestion of how has prior possession hinges on the %uestion of who the real owner of the disputed portion is# the inferior court may resole the issue of ownership and ma9e a declaration as to the owner' 6ut# it is merely proisional# and does Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  not bar nor prejudice an action between the same parties inoling the title to the land' !Asis  Asis Fda de Guearra# *;;" 3lenary action to recoer possession !accion publiciana) $e%uisites8 i' Must be within a period of ten years otherwise the real right of possession is lost ii' ne who claims to hae a better right must proe not only his right but also the identity of the property claimed iii' Ciled in the $/) where the property is located 4ssue inoled is possession de jure of realty independently of title !as compared to interdictal, possession de %acto" udgment rendered here is conclusie only on the %uestion of possession# not that of ownership urisdictional facts? &' $ight of plaintiff oer property *' 3eriod to bring interdictal has expired Don’t 9now na'  3. • • • Action to recoer possession based on ownership !accion reivindicatoria) $e%uisites8 i' $ight of plaintiff oer property ii' Ciled at the $/) where the property is located • • • ee9s recoery of possession based on ownership# with claim of title 4ssue inoled is ownership which ordinarily includes possession# although a person may be declared owner but he may not be entitled to possession because the possessor has some rights which must be respected Action for reconeyance 2 prescribes in &; years from the point of the registration of the deed or the date of issuance of the certificate of title !chec9 boo9>"5 @ years in cases of fraud counted therefrom on date of issuance of the certificate of title oer the property Action for reconeyance based on fraud and where plaintiff is o in possession of the property subject of the acts does not prescribe' !:eyson  6ontuyan" =68 hould not hae passed to a third person' o All three actions are actions in personam' 10 + Ad Majorem Dei Gloriam PROPERTY NOTES 4njunction as a remedy for recoery of possession 4njunction is a judicial process whereby a person is re%uired to do or refrain from doing a particular thing' >eneral r,le 8 )ourt should not by means of a preliminary injunction transfer property in litigation from the possession of one party to another' 4n order that a preliminary injunction may be granted at any time after the commencement of the action and before judgment8 $e%uisites8 i' there must exist a clear and positie right oer the property in %uestion which should be judicially protected through the writ5 and ii' the acts against which the injunction is to be directed are iolatie of such right What if there is someone actually possessing the property sought to recoer? 3erson not ordinarily allowed to aail of remedy of preliminary o preentie or mandatory injunction but must bring the necessary action for the recoery of possession' 4njunctie relief will not be granted to ta9e property out of the possession or control of one party and place it in that of another whose titleJ Eas not been clearly established# or o Who did not hae such possession or control at the inception o of the case 3roper function is to maintain the status %uo 4njunction cannot be a substitute for other suits for recoery of possession# hence# its denial will not bar the institution of the more appropriate remedy Why? Well# a writ of injunction is an e%uitable relief5 determination of title is a legal remedy 2 that’s why • • • • • • • • • • • • When can injunction be allowed? 4n actions for forcible entry# the dispossessed plaintiff may file# within ten days from filing of the complaint# a motion for a writ of preliminary mandatory injunction to restore him in possession' /he court MA grant 4n order t o preent the defendant from o committing further acts of dispossession during the pendency of the case 4ssue of ownership may not be put in issue o • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  .jectment cases where the appeal is ta9en# the lessor is gien the same remedy granted aboe' Where the actual possessor of the property who is admittedly the owner# see9s protection from repeated or further intrusions into his property' .en if it turns out that he isn’t the owner# he may still aail of o the e%uitable remedy of injunction to protect his possession' When there is a clear finding of right of ownership and possession of a land in faor of the party who claims the subject property in possession of another is the undisputed owner as where the property is coered by a /orrens title pointing to the party as the owner' !f course# chec9 the issuance of the title if it was in bad faith" When urgency# expediency and necessity re%uire immediate possession as where material and irreparable injury will be done which cannot be compensated by damages' Writ of possession as a remedy Writ of possession is an order whereby a sheriff is commanded to place a person in possession of a real or personal property# such as when a property is extrajudicially foreclosed' 4mproper to eject another from possession# unless sought in connection with a8 &' :and registration proceeding *' Coreclosure of mor tgage+ proided# that no third person has interened !3=6  )A 2 in this case# a third perso n was occupying the lot subject to the writ' /he ) held that the an ex7parte petition for issuance of a possessory writ is not the judicial process referred to in Art @--"5 -' .xecution sa les • • :imitations on the right of ownership :imited by &' by the tate’s power to tax# police power# and eminent domain *' those imposed by law such as legal easement -' those imposed by the owner himself# such as oluntary easement @' those imposed by the grantor of the property on the grantee <' those arising from conflicts of priate rights which ta9e place in accession continua H' prohibition against the ac%uisition of priate lands by aliens 11 + Ad Majorem Dei Gloriam PROPERTY NOTES i' Art 4)7 The owner or law",l #ossessor o" a thing has the right to e/cl,$e any #erson "rom the en!oyment an$ $is#osal thereo"& 3or this #,r#ose+ he may ,se s,ch "orce as ay e reasonaly necessary to re#el or #re'ent an act,al or threatene$ ,nlaw",l #hysical in'asion or ,s,r#ation o" his #ro#erty& 3rinciple of self7help $e%uisites8 i' 3erson defending must be the owner or lawful possessor ii' (se of reasonable force iii' nly be exercised at the time of an actual or threatened dispossession !no delay" i' Actual or threatened physical inasion or usurpation which is unlawful $ead with Art &K of the )iil )ode' Art 4.9 E'ery owner may enclose or "ence his lan$ or tenements y means o" walls+ $itches+ li'e or $ea$ he$ges+ or y any other means witho,t $etriment to ser'it,$es constit,te$ thereon& $ight to enclose or fence :imited by existing seritudes imposed on the land or tenement ii' interference is necessary to aert an imminent danger and the threatened damage to actor or a third person !but the damage must be proportionate and reasonable" imminent danger or threatening damage must be much greater than the damage arising to the owner of the property Art 4.. Act,al #ossession ,n$er claim o" ownershi# raises a $is#,tale #res,m#tion o" ownershi#& The tr,e owner m,st resort to !,$icial #rocess "or the reco'ery o" the #ro#erty& Applies to both immoable and moable property $e%uisites to raise the disputable presumption of ownership8 i' Actual !physical or material" possession of the property ii' 3ossession must be under claim of ownership • udicial process contemplated Means ejectment suit or reinidicatory action +/1parte petition for issuance of a possessory writ is not a judicial • • process# as it is non7litigious !3=6  )A" Art 4.4 In an action to reco'er+ the #ro#erty m,st e i$enti"ie$+ an$ the #lainti"" m,st rely on the strength o" his title an$ not on the wea-ness o" the $e"en$antBs claim& • Art 4.1 The owner o" a thing cannot ma-e ,se thereo" in s,ch manner as to in!,re the rights o" a thir$ #erson& Art 4.) The owner o" a thing has no right to #rohiit the inter"erence o" another with the same+ i" the inter"erence is necessary to a'ert an imminent $anger an$ the threatene$ $amage+ com#are$ to the $amage arising to the owner "rom the "rom the inter"erence+ is m,ch greater& The owner may $eman$ "rom the #erson ene"ite$ in$emnity "or the $amage to him& $e%uisites8 i' 3erson who claims that he has a better right to the property must satisfactorily proe both ownership and identity ii' 6urden of proof lies on the party who substantially asserts the affirmatie of an issue iii' $eliance on strength of eidence and not upo n the wea9ness of the opposing party • tate of necessity General rule8 a person cannot interfere with the right of ownership of another .xception8 tate of necessity# but of course# ciil indemnification can be as9ed for $e%uisites8 Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • 3arty who desires to recoer must fix t he identity of the land claimed by describing the location# area and boundaries thereof 4f a party fails to identify sufficiently and satisfactorily the land o which he claims as his own# his action must necessarily fail While the identity of the property must be established# it is not o necessary for the plaintiff to establish the precise location and extent of the lands claimed or occupied by the defendant General rule8 where there is a conflict between the area and boundaries 12 + Ad Majorem Dei Gloriam PROPERTY NOTES of a land# the latter preails' An area delimited by boundaries properly identifies a parcel of o land .xception8 where the boundaries relied upon do not identify the land beyond doubt 4n such cases where there appears to be an oerlapping of o boundaries# the actual sie of the property gains importance' .%uiponderance of eidence? $ule for defendant' .idence to proe ownership &' A /orrens title *' /itle from the panish goernment -' 3atent duly registered in the $egistry of 3roperty @' Deed of sale <' perating a business for nine yea rs in defendant’s own name# without protest of plaintiff H' ccupation of a building for a long time without payment of rent I' ' :etter in which defendant recognied the ownership of the property by the plaintiff !estoppel" pen# continuous# exclusie# aderse and notorious actual pos session and occupation of parcels of land 4ndicia of claim of ownership &' /ax declarations and tax receipts 2 only prima facie eidence of ownership or possession5 but they are good indicia of possession in the concept of owner )onclusieness of certificates of title 4ndicates true and legal ownership of a priate land and should be accorded great weight as against tax declarations but is not conclusie if the land had already been preiously o registered • Art 4.* No #erson shall e $e#ri'e$ o" the #ro#erty e/ce#t y com#etent a,thority an$ "or #,lic ,se an$ always ,#on #ayment o" !,st com#ensation& Sho,l$ this re6,irement e not "irst com#lie$ with+ the co,rts shall #rotect+ an$ in a #ro#er case+ restore the owner in his #ossession& 3ower of eminent domain Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  $e%uisites8 i' /a9ing must be done by competent authority ii' Must be for public use iii' wner pa id just compensation i' $e%uirement of due process of law must be obsered hould the re%uirements be not first complied with# restore the property to his possession' 6ut can be lost by estoppel or ac%uiescence • Art 4.0 ;T O3 A::ESSION >ENERAL PROVISIONS SE:TION I  RI>;T O3 A::ESSION  • • • • Art 441 To the owner elongs% The nat,ral "r,its( o 14 + Ad Majorem Dei Gloriam PROPERTY NOTES o o The in$,strial "r,its( The ci'il "r,its& Art @@& refers to accession discreta $ight of owner to the fruits General rule8 All fruits belong to the owner of a thing' .xception8 A person# other than the owner of a property# owns the fruits thereof8 &' possession in good faith by another !possessor entitled to the fruit s receied before possession is legally interrupted" *' usufruct !usufructuary entitled to all the fru its of the prop erty on usuf ruct" -' lease of rural lands !lessee gets fruits# lessor gets rents" @' pledge !pledgee gets fruits# etc but wi th the obligation to compensate what he receies with those which are owing him" <' antichresis !creditor ac%uires the fruits of his debt or’s immoable# but with the obligation to apply them first to the interest and then to t he principal amount of the credit" Art 44) Nat,ral "r,its are the s#ontaneo,s #ro$,cts o" the soil+ an$ the yo,ng an$ other #ro$,cts o" animals& In$,strial "r,its are those #ro$,ce$ y lan$s o" any -in$ thro,gh c,lti'ation or laor& :i'il "r,its are the rents o" ,il$ings+ the #rice o" leases o" lan$s an$ other #ro#erty an$ the amo,nt o" #er#et,al or li"e ann,ities or other similar income& =atural fruits /wo 9inds8 &' pontaneous products of the soil !not through human cultiation or labor"# and *' oung and other products of animals !chic9s# eggs# wool# mil9" • /he second 9ind is considered as natural fruits whateer care or management# scientific or otherwise# may hae been gien by man since the law ma9es no distinction' 3uppies# while cute# bred by a professional breeder are still natural fruits • 4ndustrial fruits /hose products which are borne through the cultiation or labor of • humans (sually cultiated for a purpose )iil fruits &' $ents of buildings *' 3rices of leases !rents" of lan ds and other property !i ncluding moables" -' Amount of perpetual or life annuities or other similar income Art 44. ;e who recei'es the "r,its has the oligation to #ay the e/#enses ma$e y a thir$ #erson in their #ro$,ction+ gathering+ an$ #reser'ation& Art @@- applies when8 &' wner of property recoers the property from a pos sessor and the possessor has not yet receied the fruits although they may hae already been gathered or harested5 or *' /he possessor has already receied the fruits but is ordered to return the same to the owner 4n both cases# the owner is obliged to reimburse the preious possessor for the expenses incurred by the latter' What if the possessor is in bad faith? /he owner cannot excuse himself from his obligation by alleging bad faith on the part of the possessor because the law ma9es no distinction • When does good faithLbad faith come into play? When the goods hae yet to be gathered' (nder @@K# a 63 in bad faith has no right of reimbursement for expenses# nor to the fruits' nly for the necessary expenses of preseration of land' • • What if the expenses exceed the fruits? /he owner must pay the expenses just the same because the law ma9es no distinction 6ut 9eep in mind that the owner only pays for the expenses for production# gathering and preseration 2 not improement' • • Art 444 Only s,ch as are mani"est or orn are consi$ere$ as nat,ral or in$,strial "r,its& • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  15 + Ad Majorem Dei Gloriam PROPERTY NOTES ;T O3 A::ESSION  General rule on accession industrial Art @@< and @@H gie the general rule that the accessory follows the principal' .xception8 Art &*; of the Camily )ode Definitions8 &' 6uilding 2 generic term for all architectural wor9 with roof built for the purpose of being used as man’s dwelling# or for offices# clubs# theaters# etc' *' $epairs 2 putting of something bac9 into the condition in which it was srcinally in !not an improement" Art 44*  17 + Ad Majorem Dei Gloriam PROPERTY NOTES Goodfaith ption &8 3urchase whateer has been built# planted# or sown after paying indemnity which includes necessary# useful and luxurious expenses !if he wishes to appropriate the luxurious expenses" Goodfaith $eceie indemnity for necessary# useful and luxurious expenses !depends on landowner" with right of retention oer the land without obligation to pay rent until full payment of indemnity 3rohibited from offsetting or compensating the necessary and useful expense with the fruits receied by the 63 in good faith !=uguid case" $emoe useful improement proided it does not cause any injury !part of right of retention" ption *8 /o oblige the 63 to buy the land or the  to pay the proper rent unless the alue of the land is considerably more than that of the building or trees :egal implication of planter  sower8 wner can’t compel sower to buy# only rent' 4f : does not appropriate luxurious improements# 63 can remoe the same proided there is no injury to the principal thing !land or building" :ibrat8 =o stamping please>  Good faith ption &8 /o ac%uire whateer has been built# planted or sown without paying indemnity except necessary expenses for preseration of land and luxurious expenses !should : want to ac%uire luxurious improement" plus damages =ote8 $ental period of sower is only until he gathers what he sowed' Ee doesn’t hae the remedy of remoal' !armiento" 6ad Caith :oses whateer has been built# planted or sown without indemnity and liable to pay damages .ntitled to reimbursement for necessary expenses for preseration of land but no right to retention !and also @@-" $ight of retention only applies when =/ .ntitled to reimbursement for : chooses to appropriate !but does not apply if property of public dominion" /o purchase land at fair mar9et alue at time of payment when alue is not considerably more than that of the building or trees useful improements expenses and cannot remoe useful een if remoal will not cause injury !MW case" /o pay rent until the purchase has been made !/echnogas case" 4f 63 cannot pay purchase price of the land# : can re%uire 63 to remoe whateer has been built# planted# or sown' 4f the alue of the land is considerably more than that of the building or trees# 63 cannot be compelled to buy the land' 4n such case# 63 will pay reasonable rent if : does not choose option &' Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* 4f 63 cannot pay the rent# : can eject 63 from the land' =ot entitled to luxurious expenses except when : wants to ac%uire !alue of which will be the one at the time : enters into possession" .ntitled to remoe luxurious improements if it will not cause injury and : does not want to ac%uire them' 4f it will cause injury and : doesn’t want to ac%uire# he gets it for free !Dean Del" bliged to pay for land or proper r ent and pay damages ption *8 /o oblige 63 to buy land or  to pay proper rent plus damages# regardless of aluation ption -8 /o compel 63 to remoe bliged to remoe or demolish wor9 or demolish wor9 done plus done at his expense and pay damages damages 6ad Caith Good Caith Ac%uire whateer has been built# 6all is in the court of the 63' 18 + Ad Majorem Dei Gloriam PROPERTY NOTES planted or sown by paying indemnity plusdamages 63canremoewhateerhasbeen built# planted or sown regardless of whether or not it will cause injury and will be entitled to damages 4f : ac%uires whateer has been built# planted or sown# 63 must be indemnified the alue thereof plus damages 4f : does not ac%uire# 63 cannot insist on purchasing land 6ad Caith 6oth in good faith 6ad Caith When will these rules not apply? &' When other proisions of law goern !agency# co7ownership# lease# usufruct" *' 4mproement constructed on one’s own land subse%uently sold !person constructs a house on his own land and later sold land to another" 6ut# the proision on indemnity in @@ may be applied by analogy  where the owner7builder later lost ownership of the land by irtue of a court judgment# considering that the primary intent of @@ is to aoid a state of forced co7ownership especially where the parties in the main agree that @@ and <@H are applicable and indemnity for the improements may be paid although they differ as to basis of the indemnity 7 whut?> !3ecson  )A" -' 6uilder is a bell igerent occupant @' )onstructions not in the nature of buildings <' 3roperty of public domain Art 4** I" the materials+ #lants or see$s elong to a thir$ #erson who =ecessary expenses Made for the preseration of the thing# or /hose which see9 to preent the waste# deterioration# or loss of t he thing • • (seful expenses .xpenses which add alue to a thing or Augment is income • • When does good faith cease? Crom the moment defects in the title are made 9nown to the possessor by extraneous eidence or by suit for recoery of the property by the true owner • What happens if good faith ceases? !$osales case" : can ac%uire improements built 3$4$ to the notice to 63 !when good faith ceased"# and indemnify 63 of current mar9et alue at time of payment : entitled to rent from the time 63 good faith ceased • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  has not acte$ intheir a$ "aith+ thee'ent lan$ that shallthe answer s,si$iarily "or 'al,e the an$owner only ino"the one who ma$e ,se o" them has no #ro#erty with which to #ay& This #ro'ision shall not a##ly i" the owner ma-es ,se o" the right grante$ y Article 4*9& I" the owner o" the materials+ #lants or see$s has een #ai$ y the ,il$er+ #lanter or sower+ the latter may $eman$ "rom the lan$owner the 'al,e o" the materials an$ laor& :andowner GoodCaith ption &8 /o ac%uire whateer has been built# planted or sown proided there is payment of indemnity !which includes alue of what has been built# planter or sown plus alue of materials used" ption *8 /o oblige 63 to buy land or  to pay rent unless alue of 6uilderL3lanterLower GoodCaith /o receie indemnity from : with right of retention oer land until full payment wner of the Materials GoodCaith /o receie indemnity from 63 who is primarily liable for materials5 if 63 is insolent# to proceed against : who is subsidiarily liable with no right of retention /o buy land or to pay proper rent /o receie indemnity from 63 only !: is not subsidiarily liable" 19 + Ad Majorem Dei Gloriam PROPERTY NOTES land is considerably more than that of building or trees GoodCaith with right of retention until full payment5 or GoodCaith ame GoodCaith ption &8 /o whateer hasac%uire been built# planted or sown without paying indemnity except for necessary expenses for preseration of land and luxurious expenses !should : want to ac%uire luxurious improements" plus damages ption *8 /o oblige 63 to buy the land or  to 6adCaith 63 loses what has been built# planted or sown plus liable for damages but is entitled to be indemnified for necessary expenses and luxurious expenses !should : want to ac%uire luxurious improements" and has no right of remoal een if remoal will not cause damage /o buy the land or pay proper rent and liable Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  /o remoe materials if there will be no injury on building or trees and will hae material lien against 63 for payment of materials 6adCaith Whateer is the choice of :# the M8 &' loses the materials in faor of the 63 and *' will hae no right to receie indemnity from 63 nor : 6adCaith !ince 63 and M areboth in bad faith# treat them both as if they are in good faith'" Whateer is the choice of the :# M has right to receie indemnity for alue of materials from 63 only !: has no subsidiary liability for alue of materials because M is considered in good faith only insofar as 63 is concerned" M has no right to remoe materials een if there will be no injury or damage Get indemnification from the 63 pay proper rent plus damages ption -8 /o oblige 63 to demolish or remoe what has been built# planted or sown plus damages 6adCaith /o ac%uire what has been built# planted or sown by paying indemnity plus liable to pay damages 6adCaith ame • to pay damages to : /o demolish or remoe what has been built# planted or sown and liable for damages :iable to pay damages due to defects or inferior %uality of materials GoodCaith /o receie indemnity from : plus damages GoodCaith / receie indemnity of materials principally from 63 and in case 63 is insolent# subsidiarily from : 6adCaith =o rightto receie indemnity for alue of materials from 63 nor : !who ends up GoodCaith ame owning buildings or trees" 4f M in bad faith# he doesn’t get anything !unless 63 in bad faith as well" Art 4*0 In the cases reg,late$ in the #rece$ing articles+ goo$ "aith $oes not necessarily e/cl,$e negligence+ which gi'es right to $amages ,n$er article )120& Art 4*2 To the owners o" the lan$s a$!oining the an-s o" ri'ers elong the accretion which they gra$,ally recei'e "rom the e""ects o" the c,rrent o" the waters& Article treats of alluion# a form of accession natural' Alluion isJ Accretion which the ban9s of riers gradually receie from the effects of the current of the waters and Which belong to the owners of lands adjoining the said ban9s • • • • $iparian owners are owners of lands adjoining the ban9s of riers' :ittoral owners are the owners of lands bordering the shore of the sea or 20 + Ad Majorem Dei Gloriam PROPERTY NOTES la9e or other tidal waters Distinguished f rom accretion Alluion is applied to the deposit of soil or to the soil itself Accretion is the act or process by which a riparian land gradually and imperceptiely receies addition made by the water to which the land is contiguous • • $e%uisites i' Deposit or accumulation of soil or sed iment must be gradua l and imperceptie ii' Accretion results from the effects or act ion of the curre nt of waters of the rier !exclusie wor9 of nature" iii' :and where accretion ta9es place must be adja cent to the ban 9 of a rier 4nstances when alluion D. =/ ta9e place 1. Accretion because of sudden and forceful action li9e that of flooding 2. 3. 4. Accretion caused by human interention !would still be part of public domain 2 Fda de =aerno  )A" Accretion caused by action of Manila 6ay !since Manila 6ay is not a rier# it’s part of the sea" Accretion on the ban9 of a la9e !li9e :aguna de 6ay" hae been held to belong to the owners of the lands to which they are added .lements of rier and their ownership A rier is a compound concept consisting of three elements8 &' $unning waters *' /he bed -' /he ban9s • ince a rier is a compound concept# it should hae only one nature 2 it should either be totally public or completely priate' And since riers# whether naigable or not# are of public dominion !Art @*;"# it is implicit that all the three component elements be the same nature also' -' 3romote the interests of agriculture for the riparian owner it in the best position to utilie the accretion Accretions affecting lands registered under the /orrens system n case o% diminution o% area $egistration does not protect the riparian owner against diminution of the area of his land t hrough gradual changes in the course of the adjoining stream Accretions which the ban9s of riers may gradually receie from the effect of the current become the property of the owners of the ban9s n case o% increase o% area Although alluion is automatically owned by the riparian owner# it does not automatically become registered land# just because the lot which receies such accretion is coered by a /orrens title o# alluial deposit ac%uired by a riparian owner of registered land by accretion may be subjected to ac%uisition through prescription by a third person# by failure of such owner to register such accretion within the prescribed period • • • • Art 4*5 The owners o" estates a$!oining #on$s or lagoons $o not ac6,ire the lan$ le"t $ry y the nat,ral $ecrease o" the waters+ or lost that in,n$ate$ y them in e/traor$inary "loo$s& $efers only to ponds and lagoons =o application when the estate adjoins a cree9# stream# rier or o la9e Cor purposes of alluion# la9es are of the same category of o cree9s# streams and riers 3ond a body of stagnant water without an outlet o larger than a puddle and smaller than a la9e o :agoon small la9e# ordinarily of fresh water# o and not ery deep# fed by floods o the hollow bed of which is bounded by eleations of land o :a9e 6ody of water formed in depressions of the earth o rdinarily fresh water o )oming from riers# broo9s or springs o )onnected with the sea by them o • • • • $easons for alluion &' )ompensate the riparian owner for the danger of loss that he suffers because of the location of his land *' )ompensate him for the encumbrances and arious 9inds of easements to which his property is subject Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  21 + Ad Majorem Dei Gloriam PROPERTY NOTES o Eence# :aguna de 6ay is a la9e • Art 4*7  o • A flooded rier or one suddenly raised by a heay rain and descending a steep incline $aging flood or rushing stream of water What if a portion of land is transferred# but not by a current of water# but by a landslide? ou can apply Art @  • 23 + Ad Majorem Dei Gloriam PROPERTY NOTES Art 40. ;T O3 A::ESSION  • • 24 + Ad Majorem Dei Gloriam PROPERTY NOTES • 6ut one of the component things preseres its alue )haracteristics of adjunction 4n order that adjunction may ta9e place# it is necessary that8 &' /here are two moables belonging to different owners *' /hey are united in such a way that they form a single object5 and -' /hey are so inseparable that their sep aration would impair their nature or result in substantial injury to either • • 4n determining the right of the parties in adjunction# regard is had only to the things joined and not to the persons' 6ut where there is a mere change of form or alue which does not destroy the identity of the component parts# the srcinal owners may demand their separation !Art @HK" Ninds of adjunction &' inclusion or engraftment !such as when a diamond is set on a go ld ring" *' soldering or soldadura !when led is united or fused to an o bject made of lead" a' ferrumincaion !if both the accessory and principal are of the same metal" b' plumbatura !if they are of different metals" -' writing or escritua !when a person writes on paper be longing to another" @' painting or pintura !when a person pains on canas of another" <' weaing or tejido !when threads belonging to different owners are used in ma9ing textile" Art 402 The #rinci#al thing+ as etween two things incor#orate$+ is $eeme$ to e that to which the other has een ,nite$ as an ornament+ or "or its ,se or #er"ection& Art 405 I" it cannot e $etermine$ y the r,le gi'en in the #rece$ing article which o" the two things incor#orate$ is the #rinci#al one+ the thing o" the greater 'al,e shall e so consi$ere$+ an$ as etween two things o" e6,al 'al,e+ that o" greater 'ol,me& In #ainting an$ sc,l#t,re+ writings+ #rinte$ matter+ engra'ing an$ lithogra#hs+ the oar$+ metal+ stone+ can'as+ #a#er or #archment shall e $eeme$ the accessory thing& /ests to determine the principal in adjunction 4n the order of application# the principal is that8 &' /o which the other !accessory" has been united as an ornament or Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  *' -' @' • for its use or perfection' !rule of importance and purpose" f greater alue# if they are of une%ual alues5 f greater olume# if they are of an e%ual alue5 /hat of greater merits ta9ing into consideration all the pertinent legal proisions !see Art @I<" applicable as well as the comparatie merits# utility and olume of their respectie things /he special rule regarding paintings# etc is based on the consideration that what is painted is of greater alue that the board or canas inasmuch as the exceptions mentioned are specified# its proision can not be applied by analogy to cases of adjunction of similar nature which are deemed excluded' !ee Art @HI and @H" Art 407  $ules goerning mixture !co7ownership" &' 4f the mixture by will of owners# their rights shall be goerned by their stipulations' 4n the absence of any stipulation# each owner ac%uires a right or interest in the mixture in proportion to the alue of his materials as in co7ownership' MITCRE wner who caused mixture wner of the thing mixed into Good faith or by chance Good faith or by chance .ach owner ac%uires a right proportional to the part belonging to him# bearing in mind the alue of the things mixed or confused 6ad faith :oses the thing mixed or confused plus liable to pay damages .ach owner ac%uires a right proportional to the part belonging to him# bearing in mind the alue of the things mixed or confused Good faith Ac%uires the thing mixed plus entitled to damages Art 424 One who in goo$ "aith em#loys the material o" another in whole or in #art in or$er to ma-e thing o" a $i""erent -in$+ shall a##ro#riate the thing th,s trans"orme$ as his own+ in$emni"ying the owner o" the material "or its 'al,e& 26 + Ad Majorem Dei Gloriam PROPERTY NOTES I" the material is more #recio,s than the trans"orme$ thing or is o" more 'al,e+ its owner+ may+ at his o#tion+ a##ro#riate the new thing to himsel"+ a"ter "irst #aying in$emnity "or the 'al,e o" the thing+ or $eman$ in$emnity "or the material& I" in the ma-ing o" the thing a$ "aith inter'ene$+ the owner o" the material shall ha'e the right to a##ro#riate the wor- to himsel" witho,t #aying anything to the ma-er+ or to $eman$ o" the latter that he in$emni"y him "or the 'al,e o" the material an$ the $amages he may ha'e s,""ere$& ;owe'er+ the owner o" the material cannot a##ro#riate the wor- in case the 'al,e o" the latter+ "or artistic or scienti"ic reasons+ is consi$eraly more than that o" the material& Definition of specification /a9es place wheneer the wor9 of a person is done on the material of another uch material# in a conse%uence of the wor9 itself# undergoing a transformation' 4mparting of a new form to the material belong to another# or ma9ing of ption &8 Appropriate the wor9 to himself without paying indemnity' !Damages also?" :oses his wor9' =o right to indemnity' +/cept8 When for artistic or scientific reasons# the thing has a alue considerably higher than the material' /he owner of the material cannot appropriate the wor9' 3ay for the materials and damages' ption *8 Demand indemnity for material plus damages' Must pay indemnity and damages' • • • the material of another into a different 9ind o Clour made into bread# grapes into wine# clay into bric9s# loe into hate !jo9e' (ute', ang boring ng (roperty3 % you’ve made it this %ar, good %or you7" SPE:I3I:ATION!accessory follows principal" wnerofmaterial 6uilder Goodfaith Goodfaith $ight to indemnification for the alue hall appropriate the thing thus of the material' transformed as his own# indemnifying the owner of the material for its alue' +/cept8 Material more precious than transformed thing' ption &8 Appropriate the new thing to himself# indemnifying the builder for his wor9' /o be indemnified' ption *8 Demand indemnity for the material' Good faith Appropriate the same after indemnity for material' 6ad faith Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Art 42* In the #rece$ing articles+ sentimental 'al,e shall e $,ly a##reciate$& Adjunction# mixture and specification distinguished Adjunction At least two things Mixture At least two things )omponent parts retain or presere their nature /hings mixed may or may not retain their respectie srcinal nature )o7ownership results Accessory follows principal pecification May be only one ting whose form is changed )omponent parts retain or presere their nature Accessory follows principal :;APTER T;REE% FCIETIN> O3 TITLE ART 420  • =ot essential that the court ac%uire jurisdiction of the person of the defendant 6enefits from allowing actions /as9 of court is to determine the respectie rights of the parties so that the complainant and those claiming under him may foreer free from any danger of hostile claim !$umarate case" Affords prompt and ade%uate method to remoe cloud on title 3romotes improement of property • • • /o what 9ind of property does this action apply? $eal property# which may refer to either the title or only an interest therein !usufruct# seritude# lease record# etc" =ot to personal property 6ut# they may be applied to personalty under exceptional o circumstances with respect to certain types of property which  parta9e of the nature of real property !essels# motor ehicles# certificates of stoc9s"# or treated to some extent as realty because of  registration re%uirements for ownership or transactions affecting them !chattel mortgage" • • 3rescriptibility of action &' 4f plaintiff in possession# it does not p rescribe' An action to %uiet title brought by a person who is in possession of the property is imprescriptible' *' 4f plaintiff not in possession# he must ino9e his remedy within the proper prescriptie period' /en years if in good faith# -; years if in bad faith' Art 422 The #lainti"" m,st ha'e legal or e6,itale title to+ or interest in the real #ro#erty which is the s,!ect matter o" the action& ;e nee$ not e in #ossession o" sai$ #ro#erty& /itle and possession of the plaintiff 3laintiff must hae a legal or e%uitable title or an interest in the real property which is the subject matter of the action :egal title may consist in full ownership or in na9ed ownership o 4f plaintiff has beneficial interest in the property !such as a o beneficiary in a trust"# he has beneficial title • 28 + Ad Majorem Dei Gloriam PROPERTY NOTES • • 4nterest in property is any interest short of ownership# li9e the o interest of a mortgagee or a usufructuary 4f plaintiff is not in possession# he may also bring one of the three actions mentioned in addition to the action to %uiet title 4n order to afford complete relief to the parties in action to %uiet title# the court# without thereby conerting the action from %uieting of title into accion publiciana, may determine#8 4ncidentally the ownership# o /he stats of the legal title t o the property o $ight to the possession thereof o Art 425 There may also e an action to 6,iet title or remo'e a clo,$ there"rom when the contract+ instr,ment or other oligation has een e/ting,ishe$ or has terminate$+ or has een arre$ y e/tincti'e #rescri#tion& /wo cases when action allowed An action to %uiet title may be maintained8 &' *' When the contract# instrument# or other obligation has been extinguished or terminated !right of the defendant has been extinguished by the happening of a condition subse%uent" When the contract# instrument or other obligation has been barred by extinctie prescription !as where plaintiff has possess in bad faith the property publicly# adersely and uninterruptedly for -; years" herey a$o#te$ inso"ar as they are not in con"lict with this :o$e& Art 451 The #roce$,re "or 6,ieting o" title or the remo'al o" a clo,$ there"rom shall e go'erne$ y s,ch r,les o" co,rt as the S,#reme :o,rt shall #rom,lgate& :;APTER 3OCR% RCINOCS =CIL8IN>S AN TREES IN 8AN>ER O3 3ALLIN> Art 45) I" a ,il$ing+ wall+ col,mn or any other constr,ction is in $anger o" "alling+ the owner shall e olige$ to $emolish it or to e/ec,te the necessary wor- in or$er to #re'ent it "rom "alling& I" the #ro#rietor $oes not com#ly with this oligation+ the a$ministrati'e a,thorities may or$er the $emolition o" the str,ct,re at the e/#ense o" the owner+ or ta-e meas,res to ins,re #,lic sa"ety& • • • Art 427 The #lainti"" m,st ret,rn to the $e"en$ant all ene"its he may ha'e recei'e$ "rom the latter+ or reim,rse him "or e/#enses that may ha'e re$o,n$e$ to the #lainti""Bs ene"it& bligation of plaintiff to return or reimburse /he purpose of the action to %uiet title is solely to remoe the cloud on the plaintiff’s title or o to preent a cloud from being cast upon his title# and not to o obtain any other benefit 3laintiff is bound to return to the defendant all the benefits he may hae receied form the latter or reimburse him for the expenses incurred on the property which has redounded to the plaintiff’s benefit !less of course# any damage which he suffered by reason of the defendant" • • Art 459 The #rinci#les o" the general law on the 6,ieting o" title are Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  4f a building# wall# column or other construction is in danger of falling# the owner has the duty to either8 o Demolish it# or $epair it' o 4n case he doesn’t# the administratie authorities# in the exercise of police power# may order the demolition of the structure# or ta9e measures to insure public safety $ecognition of the limitation of the owner’s rights in the use and enjoyment of his property o Sic utere tuo ut alienum non laedas3 2 (se your property as not to injure others Art 45.  • • )o7ownership .ach co7owner# together with the others# is the owner of the whole undiided thing or right but at the same time of his own ideal part thereof )an dispose of his share without the consent of the other uriors are subrogated to the rights of the deceased immediately upon the death of the latter Disability of a co7owner does not inure to the benefit of the others )o7ownership May be created without formalities of a contract =o juridical or legal personality • • • • • • ointwnership =o abstract share ownership by the co7owners# the right of the joint tenants being inseparable =ot permitted to dispose of his share or interest in the property without the consent of others 4f joint tenant dies# his ownership dies with him Disability of a joint tenant inures to the benefit of the others for purposes of prescription 3artnership )an be created only by a contract# express or implied Distinct juridical personality 30 + Ad Majorem Dei Gloriam PROPERTY NOTES • • • • • • • • 3urpose is collectie enjoyment of the thing )o7owner can dispose of his share without the consent of the others# transferee automatically becoming a co7owner =o mutual representation Distribution of profits must be proportional to the respectie interests of the co7owners =ot dissoled by death Agreement to 9eep the thing undiided for a period of more than ten years is oid !although it may be extended by a new agreement" )o7ownership .ach co7owner has a right of dominion oer the whole property and oer his undiided share $ight of ownership rests solely on each and eery co7owner oer a single object • • • • • • • • 3urpose to obtain profits 3resumption8 3roportional to their respectie interests Does not apply to co7ownership based on will or by donation' (nless authoried# a partner cannot dispose and substitute another partner in his place 3artner can generally bind the partnership Distribution of profits is subject to stipulation of the partners Art 450 Each coowner may ,se the thing owne$ in common+ #ro'i$e$ he $oes so in accor$ance with the #,r#ose "or which it is inten$e$ an$ in s,ch a way as not to in!,re the interest o" the coownershi# or #re'ent the other coowners "rom ,sing it accor$ing to their rights& The #,r#ose o" the coownershi# may e change$ y agreement+ e/#ress or im#lie$& Dissoled by death or incapacity /here may be agreement as to any definite term without limit set by law .asement 3recisely a limitation on the right of dominion $ight of dominion is in faor of one or more persons and oer two or more different things )ase doctrines /he property regime of parties to a bigamous marriage is goerned by Art &@ of the Camily )ode which proides that all properties ac%uired by the parties out of their actual joint contribution of money# property# or industry shall be goerned by the rules on co7ownership' 4f there is no contribution from either or both of the spouses# there can be no co7 ownership' !Acre  utti99i 7 aw yeah# what a name'" • Art 45* The share o" the coowners+ in the ene"its as well as in the charges+ shall e #ro#ortional to their res#ecti'e interests& Any sti#,lation in a contract to the contrary shall e 'oi$& The #ortions elonging to the coowners in the coownershi# shall e #res,me$ e6,al+ ,nless the contrary is #ro'e$& Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  :imitations on co7owner’s right to use &' Must be n accordance with the purpose for which the co7ownership is intended $esort to the agreement 4n absence thereof# it is to be understood that the thing is intended for that use for which it is ordinarily adapted according to its nature )o7owners are free to change the purpose of the co7ownership • • • *' -' by agreement# express or implied o Eoweer# mere tolerance does not change purpose Must not injure the interest of the co7ownership Must not preent the co7owners from using it according to their rights Art 452 Anyone o" the coowners may ring an action in e!ectment& Action in ejectment Any co7owner can bring# in behalf of himself# and the other co7owners an action in ejectment affecting the co7ownership Corcible entry# unlawful detainer# recoery of possession# o recoery of ownership May be brought against strangers and een against a co7owner nly purpose of an action against a co7owner who ta9es o exclusie possession and asserts exclusie ownership of the property is to obtain recognition of the co7ownership An aderse decision in the action is not necessarily res judicata with respect to the other co7owners not being parties to the action .xception8 where it appears that the action was instituted in o their behalf with their express or implied consent# or /he rights in the co7ownership are deried from the title of their o predecessors7in7interest found by the court to be inalid or • • • 31 + Ad Majorem Dei Gloriam PROPERTY NOTES inexistent • Art 455 Each coowner shall ha'e a right to com#el the other co owners to contri,te to the e/#enses o" #reser'ation o" the thing or right owne$ in common an$ to the ta/es& Anyone o" the latter may e/em#t himsel" "rom this oligation y reno,ncing so m,ch o" his ,n$i'i$e$ interest as may e e6,i'alent to his share o" the e/#enses an$ ta/es& No s,ch wai'er shall e ma$e i" it is #re!,$icial to the co ownershi#& bligation to contribute to expenses of preseration and to taxes /he expenses of preseration of the thing or right owned in common and the amount of taxes due thereon should be borne by all A co7owner who adanced them has a right to demand reimbursement from the others in proportion to their respectie interests in the co7 ownership $efers only to necessary expenses (seful expenses are not coered# unless such were incurred with the • • $epairs for preseration A co7owner has the right to compel the other co7owners to o contribute to the expenses of preseration# maintenance or necessary repairs of the thing or right owned in common# and to the taxes# een if incurred without the 9nowledge of other co7owners or prior notice to them# in iew of the nature of expenses )o7owner must# if practicable# first notify the co7owners of the o necessity for the repairs  4f impracticable or where the repairs are ery urgent and the other co7owners are in remote places and cannot be reached# the notice may be dispensed with /he lac9 of notice# een if practicable# would not exempt the o other co7owners from the obligation to contribute to the expenses' 6ut the co7owner who adanced them has the burden of proing that they were properly incurred' • • • consent of the others .xpenses for pure luxury are not also refundable# not being for preseration $enunciation by a co7owner of his share in the co7ownership $enunciation need not be total /he co7owner need only renounce or gie up in faor of the other co7 owners so much of this undiided share as may be e%uialent to his share of expenses and taxes .xample? • • • Art 457 Re#airs "or #reser'ation may e ma$e at the will o" one o" one o" the coowners+ ,t he m,st+ i" #racticale+ "irst noti"y his coowners o" the necessity "or s,ch re#airs& E/#enses to im#ro'e or emellish the thing shall e $eci$e$ ,#on y a ma!ority as $etermine$ in Article 47)& =ecessity for agreement on expenses Acts or decisions affecting the ting owned in common may be grouped into Acts of preseration !Art @K" o Acts of administration !Art @K*" o Acts of alteration !Art @K&" o • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Art 479  a##ointment o" an a$ministrator&  o o only insofar as his ideal %uota is concerned unless the sale is authoried by the other co7owners A sale of the entire property by one co7owner will only transfer the rights of said co7owner to t he buyer# thereby ma9ing the buyer a co7owner of the property $ecourse of co7owners when their consent was not secured8 action for partition Where personal rights are inoled A co7owner may substitute another in the enjoyment of his undiided interest in the co7ownership except when personal rights are inoled 3ersonal right 2 a right which cannot be transferred because it affects the personal relations of the co7owners with one another • • Art 474 No coowner shall e olige$ to remain in the coownershi#& Each coowner may $eman$ at any time the #artition o" the thing owne$ in common+ inso"ar as his share is concerne$& Ne'ertheless+ an agreement to -ee# the thing ,n$i'i$e$ "or a certain #erio$ o" time+ not e/cee$ing ten years+ shall e 'ali$& This terms may e e/ten$e$ y a new agreement& A $onor or testator may #rohiit #artition "or a #erio$ which shall not e/cee$ twenty years& 34 + Ad Majorem Dei Gloriam PROPERTY NOTES Neither shall there e any #artition when it is #rohiite$ y &' law& No #rescri#tion shall r,n in "a'or o" coowner or coheir against his coowners or coheirs so long as he e/#ressly or im#lie$ly recognies the coownershi#& /ermination of co7ownership )o7ownership may be terminated in different ways# as follows &' )onsolidation or merger in only one of the co7owners of all the interests of the others5 *' Destruction or loss of the property co7owned -' Ac%uisitie prescription in faor of a third person# or a co7owner who repudiates the co7ownership @' 3artition# judicial or extrajudicial <' /ermination of the period agreed upon or imposed by the donor or testator# or of t he period allowed by law H' ale by the co7owners of the thing to a third person and the distribution of its proceeds among them *' -' • $ight of a co7owner to demand partition 3artition is the diision between two or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from the others )o7owner ahs the right to demand at any time partition of the thing owner in common# insofar as his share is concerned for 0no co7owner shall be obliged to remain in the co7ownership1 Action to demand partition is imprescriptible or cannot be barred by laches# absent a clear repudiation of the co7ownership by a co7owner clearly communicated to the other co7owners /he actual possession and enjoyment of seeral portions of the common property by some of the co7owners does not of itself proide proof that the property has already been partitioned and co7ownership terminated' A co7owner cannot# without the conformity of the other co7 o owners or judicial decree of partition# adjudicate to himself in fee simple a determinate portion of the property owned in common as his share theirein# to the exclusion of the others @' <' When the co7owners hae agreed to 9eep the thing undiided for a certain period of time# not exceeding ten years 3eriod stipulated exceeds ten years would be oid insofar as o the excess is concerned When the partition is prohibited by donor or testator for a certain period not exceeding twenty years When the partition is prohibited by law )onjugal property# etc o When partition would render the thing unsericeable for the use for which it is intended When another co7owner has possessed the property as exclusie owner and for a period sufficient to ac%uire it by prescription 3rescription in faor of or against a co7owner 3rescription does not run in faor or against a co7owner or co7heir )o7ownership is a form of a trust# with each owner being a trustee for each other' Where# howeer# a co7owner or co7heir repudiates the co7ownership# • • • prescription begins to run from the time of repudiation !re%uisites" i' Ee had performed une%uiocal acts of repudiation of the co7 ownership amounting to an ouster of the beneficiary or the other co7owners ii' uch positie acts of repudiation hae been made 9nown to the beneficiary or other co7owners iii' .idence thereon is clear# complete and conclusie in order to establish prescription without any shadow of doubt5 and i' 3ossession is open# conti nuous# exclusie and notorious • • • • .xceptions to the right to demand partition Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  .xamples of specific acts which are considered as acts of repudiation Ciling by a trustee of an action in court against the trustor to %uiet title to property Action for reconeyance of land based on implied or constructie trust )ancellation of title in the name of the apparent beneficiaries and application for a new certificate of title in his !administratorLtrustee" name • • • Art 47* Notwithstan$ing the #ro'isions o" the #rece$ing article+ the co owners cannot $eman$ a #hysical $i'ision o" the thing owne$ in common+ when to $o so wo,l$ ren$er it ,nser'iceale "or the ,se "or which it is inten$e$& =,t the coownershi# may e terminate$ in 35 + Ad Majorem Dei Gloriam PROPERTY NOTES accor$ance with Article 475& Art 470 Partition may e ma$e y agreement etween the #arties or y !,$icial #rocee$ings& Partition shall e go'erne$ y the R,les o" :o,rt inso"ar as they are consistent with this :o$e& 3urpose and effect of partition 3artition has for its purpose the separation# diision and assignment of the thing held in common among those to whom it may belong' After partition# the portion belonging to each co7owner has been identified and localied# so that co7ownership# in its real sense# no longer exists • • Action for partition /wo phases8 Determine whether there is indeed a co7ownership o o Determine how the property is to be diided /he issue of ownership or co7ownership must first be soled in order to effect a partition of properties An action for partition will not lie if the claimant has no rightful interest oer the subject property partition and in a proper case# decree title in accordance with the possession in seeralty Art 472 The cre$itors or assignees o" the coowners may ta-e #art in the $i'ision o" the thing owne$ in common an$ o!ect to its eing e""ecte$ witho,t their conc,rrence& =,t they cannot im#,gn any #artition alrea$y e/ec,te$+ ,nless there has een "ra,$+ or in case it was ma$e notwithstan$ing a "ormal o##osition #resente$ to #re'ent it+ witho,t #re!,$ice to the right o" the $etor or assignor to maintain its 'ali$ity& • • • • Eow partition effected May be effected extrajudicially pursuant to an agreement May be effected judicially by judicial proceedings under $ule HK of the $ules of )ourt An action for partition is in the nature of an action9uasi in rem o • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  the partition already made5 4f notice is gien# it is their duty to appear and ma9e 9nown their position5 they may concur with the proposed partition or object to it5 and /hey cannot impugn a partition already executed or o implemented unless8  /here has been fraud# whether or not notice was gien# and whether or not formal opposition was presented# or  /he partition was made notwithstanding that f ormal opposition was presented to preent it# een if there has been no fraud' Debtor or assignor has always the right to show the alidity of the partition' o • Application of the tatute of Crauds /he tatute of Crauds does not apply to partition because it is not legally deemed a coneyance or a sale of property resulting in change of ownership but simply a segregation and designation of that part of the property which belongs to each of the co7owners ral partition is alid and enforceable where no third persons are inoled 4n cases of oral partition# the actual possession of one of the o property is eidence that there was indeed oral partition' 4n an oral partition under which the parties went into o possession# exercises acts of ownership# or otherwise partly performed the partition agreement# e%uity will confirm such /he law does not expressly re%uire that preious notice of the proposed partition be gien to the creditors and assignees' 6ut as t hey are granted the right to participate in the partition# they hae also the right to be notified thereof' 4n the absence of notice# the partition will not be binding on them' $ules8 4f no notice is gien# t he creditors or assignees may %uestion o • Art 475  T;E :ON8OMINICM A:T • • • • • • • A condominium is an 4nterest in real property consisting of o  A separate interest in a unit in a residential# industrial# or commercial building# and  An undiided interest in common directly or indirectly in the land on which it is located and in other common areas of the building' /wo important documents8 Master Deed and Declaration of $estrictions Coreigners can own up to @;O of the entire condominium corporation !so if the condominium has &;; units# foreigners can own up to @; units" 03roject1 means the entire parcel of real property diided or to be diided in condominiums# including all structures thereon 0)ommon areas1 !meaning the entire project excepting all units separately granted or held or resered" are owned by the condominium corporation 03riate units1 !meaning the a part of the condo project intended for any type of independent use or ownership" are owned by the unit owners (nit owners are shareholders in the condominium o o 4f you sell your unit to someone else# you lose your status as a shareholder in the condominium corporation )ondominium )ertificate of /itle is what’s gien !as opposed to a )/ or /)/" TITLE V  POSSESSION :;APTER ONE POSSESSION AN8 T;E GIN8S T;EREO3 Art *). Possession is the hol$ing o" a thing or the en!oyment o" a right& )oncept of possession As a distinct legal concept# possession is the holding of a thing or the enjoyment of a right with the intention to possess in one’s own right • wnership and possession distinguished /here is ownership when a thing pertaining to one person is completely subjected to his will in a manner not prohibited by law and consistent with the rights of others' 4t confers certain right to the owner !right to • 37 + Ad Majorem Dei Gloriam PROPERTY NOTES • • • • • enjoy the thing owned and the right to exclude other persons from possession thereof" n the other hand# possession is defined as the holding of a thing or the enjoyment of a right' /o possess means to actually and physically occupy a thing with or without a right' 3ossession may be in the concept of an owner or in the concept of a holder' A person may be declared owner but he may not be entitled to possession' !As in when the possession is in the hands of a tenant" A judgment for ownership does not necessarily include possession as a necessary incident' ust as possession is not a definite proof of ownership# neither is non7 possession inconsistent with ownership' What are the elements of possession? &' Eolding or control of a thing or right 3ossession always implies the element of corpus or occupation# whether in one’s own name or another !except in cases in Art <-I" 4n other words# there must be possession in fact *' With intention to possess the intention and the will to possess are inferred from the fact that the thing is under the control of the alleged possessor# howeer# the existence of the animus possidendi is always subject to contradiction !when in fact the person does not in fact exercise such power of control and does not intend to do so" 4nsane and demented persons cannot ac%uire possession as they are incapable of understanding their actions# therefore# theanimus possidendi cannot be present -' 4n one’s own right 3ossession may be in one’s own name or that of another’s !by himself or by an agent" 4n the first case# the possession may be in the concept of owner or in the concept of a holder of a thing with ownership pertaining to another 4n the second case# the possession is exercised by the owner or holder thru his agent 4n both cases# the possession of the owner or holder is by irtue of his right as such owner or holder • What are the relations created by possession? 3ossession is characteried by two relations8 &' 3ossessor’s relation to the property itself 2 this assumes that the possessor exercises some degree of control more or less effectie oer the object' *' 3ossessor’s relation to the world 2 aside from the power of control oer the object# the possessor must also hae the ability to exclude others from his possession' A customer who holds and examines a piece of jewelry in the presence of the seller may be said to hae only custody# not possession# of the jewelry' • Corms or degrees of possession &' 3ossession without any title whateer Mere holding or possession without any right or title at all# such as that of a thief or s%uatter *' 3ossession with a juridical title 3redicated on a juridical relation existing between the possessor and the owner !or one acting in his behalf" of the thing but not in the • • • • • • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  -' concept of owner# such as that of a lessee# usufructuary# depositary# agent# etc 3ossession with a just title 3ossession of an aderse claimant whose title is sufficient to transfer ownership but is defectie# such as when the seller is not the true owner or could not t ransmit his rights thereto to the possessor who acted in good faith 3ossession with a title in fee simple 3ossession deried from the right of dominion or possession of an owner' /his is the highest degree of possession' • @' • =ature of possession &' As an act imply the holding of a thing or the enjoyment of a right with the intention to possess in one’s own right *' As a fact When there is holding or enjoyment# then possession exists as a fact' 4t is the state or condition of a person haing property under his control# with or without right -' As a right $efers to the right of a person to that holding or enjoyment to the exclusion of all others haing better right than the possessor' 4t may • • • 38 + Ad Majorem Dei Gloriam PROPERTY NOTES be8 o o Jus possidendi, or right to possession which is incidental to and included in the right of ownership5or Jus possessionis or right o% possession independent of and apart from the right of ownership' 3ossession as a fact &' /he face of possession gies rise to certain rights and presumptions' /hus a person has a right to be respected in his possession# and should he be disturbed therein# he shall be protected or restored to said possession' A possessor has in his faor the presumption that his possession is lawful 2 that he is t he owner or has been gien the right of possession by the owner' Ee who would disturb a possessor must show either ownership or a better possessory right' *' 3ossession is not a definit ie proof of ownership nor is non7 possession inconsistent therewith' 3ossession# howeer# may create ownership either by occupation or by ac%uisitie prescription' • he is in possession' /he general rule is that the possession and cultiation of a portion of a tract of land under claim of ownership of all is constructie possession of all' /here are %ualifications to this rule# and one of them is that o relating to the sie of the tract in controersy with reference to the portion actually in possession of the claimant' • Art *)4 Possession may e e/ercise$ in oneBs own name or in that o" another& • =ame under which possession may be exercised An owner or a holder may exercise his possession in his own name or through another' 4n the same way# possession may be ac%uired by the same person who is to enjoy it or by one acting for another !Art <-*" &' 4n one’s own name • • When in one’s own name# the fact of possession and the right to such possession are found in the same person# such as the actual possession of an owner or a lessor of land' 4n the name of another When possession is in the name of another# the one in actual o possession is without any right of his own# but is merely an instrument of another in the exercise of the latter’s possession# such as possession of an agent# serant or guard' 3ossession in another’s name may be8 Foluntary# when exercised by irtue of an agreement#  or  =ecessary or legal# when exercised by irtue of law# such as the possession in behalf of incapacitated persons' 3hysical or material# when the possessor is a mere  custodian of the property and has no independent right or title to retain or possess the same as against the owner !li9e the possession of money receied by a teller for the ban9"# or uridical# when the possession gies the transferee a  right oer the thing which the transferee may set up against the owner# such as the possession of an o )lasses of possession &' 3ossession in one’s own name or in the name of another !Art <*@" *' 3ossession in the concept of owner or possession in the concept of holder !Art <*<"# and -' 3ossession in good faith or possession in bad faith !Art <*H" .xtent of possession &' Actual possession ccupancy in fact of the whole or at least substantially the whole' With land# it consists in the manifestation of acts of dominion oer it of such a nature as a party would naturally exercise oer his property' :iterally# to possess means to actually and physically occupy a thing with or without a right' *' )onstructie possession ccupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole' Doctrine of constructie possession 3ossession in the eyes of the law does not mean that a man has to hae his feet on eery s%uare meter of ground before it can be said that • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  *' 39 + Ad Majorem Dei Gloriam PROPERTY NOTES agent who receies the proceeds of sales of goods deliered to him in agency by his principal' )ase doctrines 4n the grammatical sense# to possess means to hae# to actually and physically occupy a thing# with or without a right' /wo things are paramount in possession 2 there must be occupancy# apprehension or ta9ing# and o there must be intent to possess !animus possidendi"' !u  o 3acleb" 3ossession always includes the idea of occupation' 4t is not necessary that the person in possession should himself be the occupant' /he occupancy can be held by another in his name' without occupancy# there is no possession' !u  3acleb" • • • Art *)* The #ossession o" things or rights may e ha$ in one o" two conce#ts% either in the conce#t o" owner+ or in that o" the hol$er o" the thing or right to -ee# or en!oy it+ the ownershi# #ertaining to another #erson& )oncept in which possession may be had )oncept# as contemplated in the proision# does not mean the opinion# attitude or belief of the possessor# but of the others# generally in iew of the circumstances which precede and accompany the possession' /hus# possession in the concept of owner is distinguished from possession in good faith' /his 9ind of possession is also referred as to aderse possession that may ripen into ownership under Article <@;' 3ossession may be had in one of two concepts8 &' 3ossession in the c oncept of owner ! en concepto de dueno) /his ta9es place when the possessor# by his actions# is considered or is belieed by other people as the owner# regardless of the good or bad faith of the possession' 4t is possession under a claim of ownership or title by one who is the owner himself or one who is not the owner but claims to be and acts as the owner' *' 3ossession in the c oncept of holder /his ta9es place when the possessor of a thing or right holds it merely to 9eep or enjoy it# the ownership pertaining to another • • • • • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • person' 4t is possession not under a claim of ownership# the possessor ac9nowledging in another a superior right which he beliees to be of ownership# whether this be true or not# or his belief be right or wrong' A person may be a lessor although he is not the owner of the property leased' 4n lease# only the temporary use and enjoyment# not the ownership of the property is transferred' 3ossession in concept of both owner and holder or in neither 4t is possible that a person may exercise possession both in the concept of owner and in the concept of holder' A distinction must be borne in mind between possession of the thing itself and possession of the right to 9eep or enjoy the thing' $ights are possessed in the concept of owner' /hus# the o lessee possesses the thing leased in the concept of holder# and the right of lease in the concept of owner' /he agent# parent and other legal representaties possess neither in the concept of owner nor holder' /hey possess in the name of another' • • • )ase doctrines 3ossession is8 open when it is patent# isible# apparent # notorious and not o clandestine' o continuous when uninterrupted# unbro9en and not intermittent or occasional' exclusie when the aderse possessor can show exclusie o dominion oer the land and an appropriation of it to his own use and benefit notorious when it is so conspicuous that it is generally 9nown o and tal9ed off by the public or the people in the neighborhood' (se of land is aderse when it is open and notorious' !$epublic  4mperial )redit )orporation" While a tax declaration by itself is not sufficient to proe ownership# it may sere as sufficient basis for inferring possession' !$ep  4))" /ax declarations and receipts can only be the basis of a claim of ownership through prescription when coupled with proof of actual possession' !Eeirs of )abal  )abal" Eoweer# tax declarations and receipts are not conclusie eidence of ownership' At most# they constitute mere prima facie proof of ownership • • • • • 40 + Ad Majorem Dei Gloriam PROPERTY NOTES or possession of the property for which the taxes hae been paid' 4n the absence of actual public and aderse possession# the declaration of the land for tax purposes does not proe ownership' !)e%uena  6olante" Art *)0 ;e is $eeme$ a #ossessor in goo$ "aith who is not aware that there e/ists in his title or mo$e o" ac6,isition any "law which in'ali$ates it& ;e is $eeme$ a #ossessor in a$ "aith who #ossesses in any case contrary to the "oregoing& Mista-e ,#on a $o,t",l or $i""ic,lt 6,estion o" law may e the asis o" goo$ "aith& Define possessor in good faith and in bad faith A possessor in good faith !#uena %e) is one who is not aware that there exists in his title or mode of ac%uisition any flaw which inalidates it' A possessor in bad faith !mala %e) is one who possesses in any case contrary to the foregoing5 he is aware that there exists in his title or mode of ac%uisition a flaw which inalidates it' • • • • • • • • /his article presupposes that the there exists a flaw in the title or mode of ac%uisition of the possessor who is either aware or not aware of it' 4f there is no flaw# there can be no issue regarding good or bad faith' Good faith is always presumed# and upon him who alleges bad faith on the part of the possessor rests the burden of proof' /he distinction is importance principally in connection with the receipt of fruits and the payment of expenses and improements and the ac%uisition of ownership by prescription' /he distinction is immaterial in the exercise of the right to recoer under Article <-K which spea9s of eery possessor' /he good or bad faith is necessarily personal to the possessor but in the case of a principal and any person represented by another# the good or bad faith of the agent or legal rep will benefit or prejudice him for whom he acts' $e%uisites for possession in good faith or bad faith &' /he possessor has a title or mode of ac%uisition5 !Art I&*" *' /here is a flaw or defect in said title or mode5 and -' /he possessor is unaware or aware of the flaw or defect or beliees that the thing belongs or does not belong to him' A possessor in good faith becomes a possessor in bad faith from the moment he becomes aware that what he beliees to be t rue is not so' • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • 4f the flaw is in the title of the possessor’s predecessor# and affects his own title# the flaw exists in his own title unless he can sustain his own independent of that of his predecessor' )oncept of good faith Good faith or the lac9 of it is a %uestion of intention# but in ascertaining the intention# the courts are necessarily controlled by the eidence as to the conduct and outward acts by which alone the inward motie may be determined' Good faith or the want of it# is not a isible# tangible fact that can be seen or touched but rather a state or condition of mind which can only be ascertained by actual or fancied to9ens or signs' /he essence of bona %ides or good faith lies in8 /he honest belief in the alidity of one’s right# o ignorance of a superior claim# and o absence of intention to oerreach another# or to defraud or to o see9 an unconscionable adantage' !also the doctrine of Eeirs of )abal" Good faith must rest on a colorable right in the possessor beyond a mere stubborn belief in one’s title' ne is considered a possessor in good faith if he is not aware that there exists in his title or mode of ac%uisition any flaw which inalidates it' 6asically# it’s honesty of intention and absence of malice' • • • • • • )oncept of bad faith 4t is the opposite of good faith' 4t imputes a dishonest purpose to do wrong or cause damage' 4t contemplates a state of mind affirmatiely operating with furtie design or some motie of self7interest of ill7will for ulterior purposes' • • • Mista9e upon a doubtful or difficult %uestion of law /he phrase 0mista9e upon a doubtful or difficult %uestion of law1 refers to the honest error in the application of the law or interpretation of doubtful or conflicting legal proisions or doctrines' 4t is different from 0ignorance of the law'1 Manresa says that gross and inexcusable ignorance of the law may not be the basis of good faith# but excusable ignorance may be such basis if it is based upon ignorance' Dean )apistrano says that excusable ignorance as a basis of good faith • • • • 41 + Ad Majorem Dei Gloriam PROPERTY NOTES was rejected by the )ode )ommission' • )ase doctrines /he possessor with a /orrens /itle who is not aware of any flaw in his title which inalidates it is considered a possessor in good faith and his possession does not lose this character except in the case and from the moment his /orrens /itle is declared null and oid by final judgment of the )ourts' !Dion  $odrigue" /he defense of haing purchased the property in good faith may be aailed of only where registered land is inoled and the buyer had relied in good faith on the clear title of the registered owner' !Daclag  Macahilig" • • • Art *)2 >oo$ "aith is always #res,me$+ an$ ,#on him who allege$ a$ "aith on the #art o" a #ossessor rests the ,r$en o" #roo"& 3resumption of good faith • • • • /his article establishes the presumption of good faith5 it does not say that good faith exists# but that it is presumed' /he presumption is just because possession is the outward sign of ownership' 4t is to be presumed that the right of the possessor is well7 founded' .ery person is presumed to be honest until the contrary is shown' 6ut note that for the purposes of prescription# just title must be proed5 it is neer presumed' the facts mentioned in the article must be proed' 6ad faith begins or good faith is interrupted from the time the possessor becomes aware 0that the he possesses the thing improperly or wrongfully#1 not from the time possession was ac%uired' 4n the absence of other facts showing the possessor’s 9nowledge of defect in his title# good faith is interrupted from the receipt or serice of judicial summons' Crom the serice of judicial summons# there exists an act o which the possessor 9nows that his right is not secure# that someone disputes it# and that he may yet lose it5 and if the court orders that restitution be made# that time determines all the legal conse%uences of the interruption# the time when the possession in good faith ceases to be so before the law' /he filing of a case alleging bad faith on the part of a endee o gies cause or cessation of good faith' )ase doctrines When a contract of sale is oid# the possessor is entitled to 9eep the • fruits during the period for which it held the property in good faith# which good faith ceases when an action to recoer possession of the property is filed against him and he is sered summons therefor' !D63  )A" Art *)7 It is #res,me$ that #ossession contin,es to e en!oye$ in the same character in which it was ac6,ire$+ ,ntil the contrary is #ro'en& )ontinuity of the character of the possession /he character or possession !good faith or bad faith" is presumed to continue until the contrary is proed =o one can# by his sole will nor by the mere lapse of t ime# change the cause of his possession' • Art *)5 Possession ac6,ire$ in goo$ "aith $oes not lose this character e/ce#t in the case an$ "rom the moment "acts e/ist which show that the #ossessor is not ,naware that he #ossesses the thing im#ro#erly or wrong",lly& )essation of good faith during possession 3ossession which begins in good faith is presumed to continue in good faith until the possessor ac%uires 9nowledge of facts showing a defect or wea9ness in his title' /he law spea9s of 0facts1 in place of the word 0acts1# the former being broader than the latter' /hus# it is immaterial whether the 0facts1 from which bad faith can be deduced inole acts of the possessor himself or of some other person or any extraneous eidence' 6ut the existence of • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • 3resumption on the continuance of possession /here are other presumption aside from Articles <*I and <*K affecting possession# namely8 &' (ninterrupted possession of hereditary property !Art <--" *' 3ossession with just title !Art <@&" -' 3ossession of moables with real property !Art <@*" @' .xclusie possession of common property !Art <@-" <' )ontinuous possession !Art <@@" H' (ninterrupted possession !Art  43 + Ad Majorem Dei Gloriam PROPERTY NOTES *' thing sold :radicion simbolica# which is effected by deliering an object such as a 9ey where the thing sold is stored or 9ept 3roper acts and legal formalities /his last method of ac%uiring possession refers to ac%uisition by irtue of a just title such as when property is transmitted by succession# donation# contract# or execution of a public instrument# or when possession is gien by the sheriff to the highest bidder at a public auction# or pursuant to a writ of execution' (nless there is a stipulation to the contrary# the execution of a sale thru a public instrument shall be e%uialent to the deliery of the thing' 6ut there is no deliery notwithstanding the execution of the instrument# where the purchaser cannot hae the enjoyment and ma9e use of t he thing sold because such enjoyment and use are opposed or preented by another' (nder Article <-# possession as a fact cannot be recognied at the same time in two different personalities except in the cases of co7 witho,t any #ower whate'er% ,t in the last case+ the #ossession shall not e consi$ere$ as ac6,ire$ ,ntil the #erson in whose name the act o" #ossession was e/ec,te$ has rati"ie$ the same+ witho,t #re!,$ice to the !,ri$ical conse6,ences o" negotior,m gestio in a #ro#er case& H4.7a • • • • possession A sale with pacto de retro transfers the legal title to the endee# and in the absence of an agreement to the contrary# carries with it the right to the possession of the property sold' 6y whom possession ac%uired 3ossession may be ac%uired8 &' 3ersonally or by the same person who is to enjoy it5 *' /hru an authoried person or by his legal representatie or by his agent# and -' /hru an unauthoried person or by any pers on without any power or authority whateer' • Ac%uisition of possession through another 3ossession ac%uired by a person personally or thru another may be exercised by him in his own name or in that of another' 6ut minors and other incapacitated persons need the assistance of their legal • • • )ase doctrines 3ossession alone is not sufficient to ac%uire title to alienable lands of the public domain because the law re%uires possession A=D occupation' 3ossession is broader than occupation because it includes constructie possession' When the lad adds the word occupation# it see9s to delimit the all encompassing effect of constructie possession' ne’s possession must not be a mere fiction' Acutla possession of a land consists in the manifestation of acts of dominion oer it of such a nature as a party would naturally exercise oer his own property' !ng  $epublic" 3ossession cannot be ac%uired through force or iolence' /o all intents and purposes# a possessor# een if physically ousted# is still deemed the legal possessor' !)e%uena  6olante" • • • Art& *.)& Possession may e ac6,ire$ y the same #erson who is to en!oy it+ y his legal re#resentati'e+ y his agent+ or y any #erson Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  representaties to exercise the rights arising from possession' 4f a person authoried to ac%uired possession for another acted beyond his powers# the principal is not bound unless the latter ratifies the act of ac%uisition' /he exception is when a person oluntarily manages the property or business of another' 4n such case# the stranger’s !gestor’s" possession ta9es effect een without ratification by the owner of the property or business' )ase doctrines Art& *..& The #ossession o" here$itary #ro#erty is $eeme$ transmitte$ to the heir witho,t interr,#tion an$ "rom the moment o" the $eath o" the $ece$ent+ in case the inheritance is acce#te$& One who 'ali$ly reno,nces an inheritance is $eeme$ ne'er to ha'e #ossesse$ the same& H449 Ac%uisition of possession through succession /he rights to the succession are transmitted from t he moment of the death of the decedent' Crom that moment# each of his heirs becomes the undiided owner of the whole estate left with respect to that portion which might be • • 44 + Ad Majorem Dei Gloriam PROPERTY NOTES • • • • • adjudicated to him' /he inheritance may be accepted or repudiated' /here is no doubt that an heir can sell whateer right# interest or participation he may hae in the property under administration# subject to the result of said administration' 4n case the inheritance is accepted# the possession of the hereditary property is deemed transmitted by operation of law to the heir without interruption and from the moment of death of the decedent' 4n this inheritance is alidly renounced# the heir is deemed neer to hae possessed the same' ee boo9 for examples' Art& *.4& On who s,ccee$s y here$itary title shall not s,""er the conse6,ences o" the wrong",l #ossession o" the $ece$ent+ i" it is not shown that he was aware o" the "laws a""ecting it( ,t the e""ects o" #ossession in goo$ "aith shall not ene"it him e/ce#t "rom the $ate o" the $eath o" the $ece$ent& H44) .ffects of bad faith of decedent on heir 4f the decedent was in bad faith# the heir shall not suffer the conse%uences of the wrongful possession of the latter because bad faith is personal to the decedent and is not deemed transmitted to the heirs' /he heir suffers the conse%uences of such possession only from the moment he becomes aware of the flaws affecting the decedent’s title' ee boo9 again for examples' • • • Art& *.0& In no case may #ossession e ac6,ire$ thro,gh "orce or intimi$ation as long as there is a #ossessor who o!ects thereto& ;e who elie'es that he has an action or a ri ght to $e#ri'e another o" the hol$ing o" a thing+ m,st in'o-e the ai$ o" the com#etent co,rt+ i" the hol$er sho,l$ re",se to $eli'er the thing& H441a $ecourse to the courts .ery possessor has a right to be respected in his possession' /he lawful possessor may use such force as may be reasonably necessary to repel or preent inasion or usurpation of his property' • • • • • • )ase doctrines A possessor in bad faith should not prejudice his successors7in7interest' 6ad faith is personal and intransmissible' !.scritor  4A)" Art& *.*& Minors an$ inca#acitate$ #ersons may ac6,ire the #ossession o" things( ,t they nee$ the assistance o" their legal re#resentati'es in or$er to e/ercise the rights which "rom the #ossession arise in their "a'or& H44. • Ac%uisition and exercise of rights of possession by minors and incapacitated persons /he persons referred to in the proision are unemancipated minors and other persons who hae no capacity to act li9e spendthrifts# deaf7mutes who cannot read and write# those under ciil interdiction# etc' • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  /hings here are limited to corporeal things only' /his article refers principally but not exclusiely to material occupation' 4ncapacitated persons may ac%uire property or rights by prescription either personally or through their parents# guardians or legal reps' nce possession of a thing is ac%uired by such persons# there is born the right of possession' 4n the exercise of this right# they need the assistance of their legal reps' /his article applies to one who beliees himself the owner of real property' 4f he ta9es justice into his own hands# he is a mere intruder5 and he can be compelled to return the property in an action for forcible entry and must suffer the necessary and natural conse%uences of his lawlessness' A party who can proe prior possession# whateer may be the character of the possession# has the security that entitles him to recoer such possession or to remain on the property een against the owner himself until he is lawfully ejected by accion publiciana or accion reivindicatoria3 Art& *.2& Acts merely tolerate$+ an$ those e/ec,te$ clan$estinely an$ witho,t the -nowle$ge o" the #ossessor o" a thing+ or y 'iolence+ $o not a""ect #ossession& H444 Acts which do not gie rise to possession /he acts mentioned do not affect possession# i'e' the person in possession does not lose the same nor does the person who results to them ac%uire it' 4n other words# the true possessor is deemed to hae enjoyed uninterrupted possession' Corce or intimidation 2 as long as there is a possessor who o objects thereto# such as by suit of forcible entry' /he rule does not apply if the possessor ma9es no objection# withdraws his • 45 + Ad Majorem Dei Gloriam PROPERTY NOTES objection or ta9es no action whatsoeer after initially objecting to the depriation' Acts executed clandestinely and without the 9nowledge of the possessor 2 which mean that the acts are not public and un9nown to the possessor or owner' Acts merely tolerated 2 which do not refer to all 9inds of o tolerance on the part of the owner or possessor in iew of the use of the word Bmerely’5 it means permission# express or tacit# by irtue of which the acts of possession are performed' Eence# it is simply a %uestion of whether permission was gien or not' 3ossession of another by mere tolerance is not aderse and no matter how long continued# cannot ripen to ownership by prescription' /he mere silence or failure to ta9e any action will not be construed as abandonment of rights on the part of the real possessor' 4t is# of course# for the courts to decide whether there has been an abandonment or not' 3ossession by tolerance is lawful but becomes illegal when# upon demand to acate by the legal owner# the possessor refuses to comply • o • • • with such demand' Art& *.5& Possession as a "act cannot e recognie$ at the same time in two $i""erent #ersonalities e/ce#t in the cases o" co#ossession& Sho,l$ a 6,estion arise regar$ing the "act o" #ossession+ the #resent #ossessor shall e #re"erre$( i" there are two #ossessors+ the one longer in #ossession( i" the $ates o" the #ossession are the same+ the one who #resents a title( an$ i" all these con$itions are e6,al+ the thing shall e #lace$ in !,$icial $e#osit #en$ing $etermination o" its #ossession or ownershi# thro,gh #ro#er #rocee$ings& H44* 3ossession as a fact at the same time in two different personsalities /he word 0personalities1 is not synonymous to 0persons'1 Cor example# in co7ownership# there are two or more persons# but there is only one personality' 3ossession as a fact may exist at t he same time in two or more distinct personalities# but as a general rule# the law will recognie only one as the actual or real possessor' /he exception is proided in the cases of co7possession# such as co7 ownership# where the property is possessed at the same time in common by the co7owners also5 and possession where the property is possessed at the same time by two persons# one in the concept of • owner and the other# in the concept of holder' 4n co7possession# there is no conflict of interests of claims among the parties' 3reference of possession Article <- applies whether the property is real or personal' 4n case a dispute arises regarding the fact of possession# the order of preference is as follows8 &' /he present or actual possessor shall be preferred *' 4f there are two possessors# the longer in possession5 -' 4f the dates of possession are the same# the possessor with a title5 i'e' right or document eidencing his right to support his possession5 and @' 4f all the aboe are e%ual# the fact of possession shall be judicially determined# and in the meantime# the thing shall be placed in judicial deposit' • :;APTER . E33E:TS O3 POSSESSION Art *.7 E'ery #ossessor has a right to e res#ecte$ in his #ossession an$ sho,l$ he e $ist,re$ therein he shall e #rotecte$ in or restore$ to sai$ #ossession y the means estalishe$ y the laws an$ the R,les o" :o,rt& A #ossessor $e#ri'e$ o" his #ossession thro,gh "orcile entry may within ten $ays "rom the "iling o" the com#laint #resent a motion to sec,re "rom the com#etent co,rt+ in the action "or "orcile entry+ a writ o" #reliminary man$atory in!,nction to restore him in his #ossession& The co,rt shall $eci$e the motion within thirty $ays "rom the "iling thereo"& $ights of eery possessor • .ery possessor# whether in the concept of owner of in the concept of holder# is gien the following rights8 • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  &' *' -' $ight to be respected in his possession5 $ight to be protec ted in or restored to said possession by legal means should he be disturbed therein5 and $ight to secure from a competent court in an action for forcible entry the 46 + Ad Majorem Dei Gloriam PROPERTY NOTES • • proper writ to restore him in his possession !Art @*" • /he mere possession of a thing is sufficient to insure respect to the possessor while no other person appears to show and proe a better right' /o all intents and purposes# a possessor een if physically ousted as through force and iolence# is still deemed the legal possessor' • /he fact# howeer# that a person was neer in prior physical possession of a land is of no moment where he has a /orrens /itle oer the property as prior physical possession is necessary only in forcible entry cases' $easons for protection &' /o aid criminal law !by presering the peace' rder is best secured by protecting a possessor and leaing the true owner to see9 his remedy in a court of law" *' As part of the law of tort !these rights of action are gien in respect of the immediate and present iolation of the rights of the possessor -' independently of his rights of property" As part of the law of property !law does not always 9nown that the possession in %uestion is unlawful' 4t would be unjust to cast on eery man whose possession is disturbed the burden of proing a flawless title" $emedies of persons depried of possession !see discussions in Art @*" &' forcible entry or un lawful detainer *' accion publiciana -' accion reiindicatoria @' replein or manual deliery of personal property • • 4n forcible entry and unlawful detainer cases# subject to some exceptions# the immediate execution of the judgment in faor of the plaintiff is a matter of right and mandatory' )onsidering that the only issue in ejectment is that of rightful possession# damages that could be recoered are those which the plaintiff could hae sustained as a mere possessor# or those caused by the loss of the use and occupation of the property# and not the damages which he may hae suffered but which hae no direct relation to his loss of material possession' 4ssuance of a writ of preliminary mandatory injunction Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • 4n forcible entry actions# the plaintiff must present within ten days from the filing of the complaint a motion t o secure from the competent court# a writ of preliminary mandatory injunction to restore him in his possession 4n unlawful detainer cases where an appeal is ta9en# the motion shall be filed within ten days from the time the appeal is perfected# if the high court is satisfied that the lessee’s appeal is friolous or dilatory# or the lessor’s appeal is prima facie meritorious' 4n an appeal from a lower court in an ejectment case# the issue of ownership should not be deled into# for an ejectment action lies een against the owner of a property' 3rior peaceful possession of plaintiff re%uired in forcible entry action Where a dispute oer possession arises between two persons# the person first haing actual possession# as between them# is the one who is entitled to maintain the action for forcible entry' /he main issue is possession de %acto# independently of any claim of ownership or possession de jure that either party may set forth in his pleadings# and an appeal does not operate to change the nature of the srcinal action .en a mere applicant of public land who is in occupation and in peaceful possession thereof can file an action for forcible entry ,uestion of ownership is unessential and should be raised by the defendant in an appropriate action udgment rendered in an action for forcible entry shall not bar o an action between the same parties respecting the title to the land or building /he court has competence to resole the issue of ownership o but only to determine the issue of priority of possession# as its decision does not bind the title or affect the ownership of the property inoled !any pronouncement on ownership is proisional" /he purpose of the law is to protect the person who has actual possession /he plaintiff in an action for forcible entry and detainer cannot succeed when it appears that# as between himself and the defendant# the latter had possession antedating his own5 and to ascertain this# it is proper t o loo9 on to the situation as it existed before the first act of spoliation occurred :egal right of prior possessor is not an issue • • • • • • • 47 + Ad Majorem Dei Gloriam PROPERTY NOTES 4f the plaintiff can proe prior possession# he may recoer possession een against the owner himself' 4f he can’t proe prior possession# he has no right of action een if he should be the owner himself' 4n case of controerted right# the law re%uires the parties to presere the status %uo until one or the other of them sees fit to ino9e the decision of a court upon the %uestion of possession andLor possession A forcible entry or unlawful detainer is not suspended# abated# barred or affected by actions filed in the $/) which do not inole physical orde %acto possession o *' • • )onditions under which action for forcible entry will lie Wrongful entrance by one not in possession /he trespasser does not hae to institute a state of war' /he o act of going on the property and excluding the lawful possessor therefrom necessarily implies the exertion of force oer the property# and this is all that is necessary' (nder the law# entering upon the premises by strategy or stealth is e%ually as obnoxious as entering by force' /he words 0by force# intimidation# threat# etc1 include eery o situation or condition under which one person can wrongfully enter upon real property to exclude another# who has prior possession therefrom' !6anes case" Wrongful exclusion of prior possessor /he foundation of the action is really the forcible exclusion of o the srcinal possessor by a person who has entered without right' -' @' • • • • • <' • • • • Art *49 Only t he #ossession ac6,ire$ an$ en!oye$ in the conce#t o" owner can ser'e as a title "or ac6,iring $ominion& 3ossession as basis for ac%uiring ownership 3ossession ac%uired and enjoyed in the concept of owner may ripen into ownership by means of prescription' &' As holder )annot be the basis of prescription o with possession ac%uired through force or intimidation !Art <-H"# merely tolerated or which is not public and is un9nown to the present possessor !Art <-I" • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  As e%uitable mortgage )onstructie possession oer the land cannot ripen into ownership as it cannot be said to hae been ac%uired and enjoyed in the concept of owner As claimant under a possessory information title !meh" As claimant under a certificate of title Mere possession cannot defeat the title of a holder of a registered /orrens title to real property 6ut the true owner of the property may be defeated by an innocent purchaser for alue notwithstanding the fraud employed by the seller !forger" in securing his title Generally# a forged deed is a nullity and coneys no title' Eoweer# there are instances when such a document may become the root of a alid title' As when the certificate of title was already transferred from the name of t he true owner to the forger# and while it remained that way# the land was subse%uently sold to an innocent purchaser for alue !land titles>" As possessor of forest land !not possible>" • o Mere tax declarations of ownership do not est or proe ownership of the property in the declarant nor are een sufficient to sustain a claim for possession oer a land# in the absence of actual possession of the same' /hey are merely an indicum of a claim of ownership =eertheless# they are good indicia of possession in the concept of owner 3ayment of realty tax coupled with actual possession in the concept of owner is one of the most persuasie and positieindicia# which shows the will or desire of a person to possess with claim of ownership or to obtain title to the land or property )ase doctrine 4n order than an action for recoery of possession may prosper# it is indispensable that he who brings t he action fully proes not only his ownership but also the identity of the property claimed# by describing the location# area and boundaries thereof' 4nsufficient identification of the portion of land claimed in absolute ownership cannot ripen into ownership' !erina  )aballero" • Art *41 A #ossessor in the conce#t o" owner has in his "a'or the legal 48 + Ad Majorem Dei Gloriam PROPERTY NOTES #res,m#tion that he #ossesses with a !,st title an$ he cannot e olige$ to show or #ro'e it& 3ossessor in concept of owner presumed with just title Just title does not always mean a document or a written instrument :itle is that upon which ownership is based Actual or constructie possession under claim of ownership raises the disputable presumption of ownership' 4n other words# a possession is presumed ownership until the contrary is shown' A possessor is presumed to hae a just title# and he cannot be obliged to show or proe it' $eason? /o protect the owner from inconenience# otherwise# o he will always hae to carry his titles under his arms to show them to whoeer who wants to see it =68 3resumption of just title does not apply in ac%uisitie prescription' Aderse possessor must proe his just title' • • • • -' • • • @' • • 6urden of proing just title /he onus probandi is on the plaintiff who see9s the recoery of property A person who is not# in fact# in possession cannot ac%uire a prescriptie right to a land by the mere assertion of a right therein' Where the possessor is really the owner# the fact that a third person %uestions his right does not impair said right' An owner and possessor whose title is true and alid cannot be re%uired to show that his possession is or has been aderse as against a new claimant who has neither title nor possession' • • • What are the different 9inds of title? &' :itulo verdadero y valido or true and alid /his is the title presumed in this proision ufficient to transfer ownership without need of possessing the property for the period necessary for ac%uiring title by prescription *' :itulo justo or just title Cor the purposes of prescription# there is just titleJ When the aderse claimant came into possession of the o property through one of the modes recognied by law for the ac%uisition of ownership or other real rights# but the grantor was not the owner or could not transmit any o right • • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Cor prescription# just title must be proed# it is neer presumed' 4t must be remembered that the burden of proing the status of a purchaser in good faith lies upon him who asserts that status' 4t is not sufficient to ino9e the ordinary presumption of good faith# that is# that eeryone is presumed to hae acted in good faith# since the good faith that is here essential is integral with the ery status that must be established' !Aguirre  )A" :itulo colorado or colorable title ne which a person has when he buys a thing in good faith# from one who is not the owner but whom he beliees to be the owner /he just title re%uired f or ac%uisitie prescription is titulo Colorado :itulo putativo or putatie title ne which a person beliees he has title but in fact he has not because there was no mode of ac%uiring ownership As when one is in possession of a thing in the mista9en belief that it had been be%ueathed to him • • 0hat’s the di%%erence between titulo Colorado and titulo verdadero y valido5 4n Colorado, there is a need for prescription to transfer ownership' 4n true and alid title# there is no need f or prescription# ownership is transferred once the mode of transfer has been perfected' !6e it by sale# donation# succession# etc"' )ase doctrine 4n order that a co7owner’s possession may be deemed aderse to the cestui 9ue trusti or the other co7owners# the following elements must concur8 &' /hat he has pe rfomrmed une%uiocal acts of rep udiation amounting to an ouster of the beneficiary or the other co7owners *' /hat such positie acts of repudiation hae been made 9nown to the beneficiary or the other co7owners -' /hat the eidence thereon must be clear and conincing !Aguirre  )A" Art *4) The #ossession o" real #ro#erty #res,mes that o" mo'ales therein+ so long as it is not shown or #ro'e$ that they sho,l$ e e/cl,$e$& • 3ossession of real property presumed to include moables Article <@* refers to material possession only of things# not rights • 49 + Ad Majorem Dei Gloriam PROPERTY NOTES • • • • 3ossession may be in the concept of owner# of holder# in one’s own name or in another’s# or in good faith or in bad faith 4t is normal that moables which are found in an immoable belong to the possessor of the latter 4f the building is occupied by the lessee# we can suppose the same with respect to him because in this case# the possessor is the lessee Again# this is a mere presumption' • • • • Art *4. Each one o" the #artici#ants o" a thing #ossesse$ in common shall e $eeme$ to ha'e e/cl,si'ely #ossesse$ the #art which may e allotte$ to him ,#on the $i'ision thereo"+ "or the entire #erio$ $,ring which the co#ossession laste$& Interr,#tion in the #ossession o" the whole or a #art o" a thing #ossesse$ in common shall e to the #re!,$ice o" all the #ossessors& ;owe'er+ in case o" ci'il interr,#tion+ the R,les o" :o,rt shall a##ly& .xclusie possession of preious co7owner deemed continuous Article <@- spea9s of co7possession of a thing# not of co7ownership =eertheless# its principle is applicable to co7possession of a real right )o7possession can be oer a thing or a right All participants of a thing possessed in common constitute only one personality and the personality ceases when there is a partition' Crom that moment of cessation# the personality of each participant begins' .ach co7possessor is deemed !not merely presumed>" to hae possessed exclusiely and continuously during the period of co7 possession the part assigned to him in the diision' /he effects of the diision retroact to the commencement of the co7 possession' 6ut the diision shall be without prejudice to the rights of creditors' • • • • • • • • • Earry# $on# and Eermione hae been co7possessors in the concept of owners of a &< hectare parcel of land until they diided the property e%ually on the th year' 4f on the @th year after the diision# Draco claims ownership of the portion allotted to Earry# Earry can assert title by ac%uisitie prescription through possession for &; years# for he is deemed to hae possessed his portion exclusiely and continuously for a period of &* years' 4nterruption in possession of the thing Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • • 6oth the benefits and the prejudices that might hae ta9en place during the co7possession shall attach to each of the co7participants 3rescription obtained by a co7possessor shall benefit the others 4nterruption in the possession of the whole or part of a thing shall be to the prejudice of all the possessors' 3ossession is interrupted for purposes of prescription either o =aturally !when through any cause it should cease for more than & year" )iilly !when the interruption is produced by judicial summons o to the possessor"  4n ciil interruption# only those possessors sered with judicial summons are affected' Cor ciil interruption to ta9e place# the possessor must  hae receied judicial summons'  When will summons not be deemed to hae been issued and shall not gie rise to interruption? &' 4f it should be oid for lac9 of legal solemnities# or *' 4f the plaintiff should desist from the complaint or should all the proceedings to lapse# or -' 4f the possessor should be absoled from the complaint'  A notice for aderse claim does =/ interrupt prescription !Eeirs of Aradon7)risologo  $anon" 4nterruption must refer to the whole thing itself or part of it and not to a part or right of a co7possessor' 4n a co7possession# there is only one thing and many possessors' 4f the right of a co7possessor is contested# he alone shall be prejudiced' With respect to the thing# the prejudice shall be against all' Art *44 A #ossessor in goo$ "aith is entitle$ to the "r,its recei'e$ e"ore the #ossession is legally interr,#te$& Nat,ral an$ in$,strial "r,its are consi$ere$ recei'e$ "rom the time they are gathere$ or se'ere$& :i'il "r,its are $eeme$ to accr,e $aily an$ elong to t he #ossessor in goo$ "aith in that #ro#ortion& Art *4* I" at the time the goo$ "aith ceases+ there sho,l$ e any nat,ral or in$,strial "r,its+ the #ossessor shall ha'e a right to a #art o" the e/#enses o" c,lti'ation+ an$ to a #art o" the net har'est+ oth in #ro#ortion to the time o" #ossession& 50 + Ad Majorem Dei Gloriam PROPERTY NOTES The charges shall e $i'i$e$ on the same asis y the two #ossessors& The owner o" the thing may+ sho,l$ he so $esire+ gi'e the #ossessor in goo$ "aith the right to "inish the c,lti'ation an$ gathering o" the growing "r,its+ as an in$emnity "or his #art o" the e/#enses o" c,lti'ation an$ the net #rocee$s( the #ossessor in goo$ "aith who "or any reason whate'er sho,l$ re",se to acce#t this concession+ shall lose the right to e in$emni"ie$ in any other manner& • • • • • • /he fruits of a thing generally belong to the owner !Art @@&" but a possessor in good faith is entitled to the f ruits receied until good faith ceases and bad faith begins' :egal interruption of possession in good faith ta9es place upon serice of judicial summons to the possessor' All fruits that the possessor may receie from the time that he o is summoned# or when he answers the complaint# must be deliered or paid by him to the owner or lawful possessor' Wheneer there is cessation of good faith in the eyes of the law# whether by reason of the filing of a complaint or not# possession in good faith should be deemed legally interrupted from such cessation and not merely from the serice of judicial summons' When the owner or possessor with a better right comes along# when he becomes aware that what he had ta9en for granted is at least doubtful# and when he learns the grounds in support of the aderse claim# good faith ceases' 3ossessor in bad faith is not entitled to t he fruits' Ee has the duty to reimburse the fruits receied including that which the legitimate possessor could hae receied' /he right of the possessor in good faith is limited to the fruits# referring to natural# industrial and ciil fruits !Art @@&"' ther things !building" belong to the owner of the land' When fruits considered receied &' Cor natural and industrial fruits 2 from the time they are gathered or seered' Cruits gathered before legal interruption belong to the possessor in good faith' *' Cor ciil fruits 2 their accrua l# not their ac tual receipt# shall determine when they are considered receied at the time the good faith is legally interrupted' /hey are deemed to accrue daily and belong to the possessor in good faith in that proportion' Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Ninds of Cruits &' )iil fruits *' 3ossessor in Good Caith .ntitled to fruits from start of possession until legal interruption 3ossessor in 6ad Caith =ot entitled to fruits' Must pay damages as rental from time possession started until possession is finally defeated =aturalL4ndustrial Cruits a' Gathered $ight to retain fruits Must account for fruits and return alue of8 fruits actually receied# and fruits which the legal possessor could haeand receied with due care diligence' Must pay damages as reasonable rent for the term of possession' 6ut entitled to necessary expenses for preseration# cultiation# and gathering of fruits' b' 3ending wner has * options8 Cirst8 3ro7rating !based on period of possession" between possessor and owner of8 expenses# net harest and charges =o rights# not een reimbursement of expenses for cultiation !because by right of accession# all fruits belong to owner without need to pay indemnity" 51 + Ad Majorem Dei Gloriam PROPERTY NOTES econd8 /o allow possessor to stay in possession until after all fruits are gathered !which shall sere as the indemnity for expenses" Must pay damages as reasonable rent for the term of possession 3roportionate diision of fruits and expenses Art <@< does not apply when the possessor is in bad faith# the fruits are ciil# or the fruits are natural or industrial but they hae been gathered or seered when good faith ceases A possessor in bad faith has no right whatsoeer to the fruits# gathered or pending# except only necessary expenses for gathered fruit !Art @@-# @@K"' ince ciil fruits are produced day by day# Art <@< does not apply to them' 4n the case of fruits already gathered at the time good faith ceases# it is Art <@@ that is applicable' • • • • • • 4f there are pending natural and industrial fruits at the time good faith ceases# the two possessors shall share in the expense of cultiation and the charges !expenses made not on the property itself but on account of it# such as taxes# interest on mortgages" in proportion to the time of possession' /hey will also share on the fruits in proportion to the time of possession as well' What if there are no fruits or the fruits are less than expenses? 4f there is no net harest because there are no fruits or the o fruits are less than the expenses# art <@< won’t apply' 4f the fruits are merely insufficient# the same should be diided in proportion to their respectie expenses' =o fruits? .ach should bear his own expenses subject to the o right of the possessor in good faith to be refunded for necessary expenses under Art <@H# unless the owner of new possessor exercises his option referred to aboe' Art *40 Necessary e/#enses shall e re",n$e$ to e'ery #ossessor( ,t only the #ossessor in goo$ "aith may retain the thing ,ntil he has reim,rse$ there"ore& Cse",l e/#enses shall e re",n$e$ only to the #ossessor in goo$ "aith with the same retention+ the #erson who has $e"eate$ him in Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  the #ossession ha'ing the o#tion o" re",n$ing the amo,nt o" the e/#enses or o" #aying the increase in 'al,e which the thing may ha'e ac6,ire$ y reason thereo"& Art *42 I" the ,se",l i m#ro'ements can e remo'e$ witho,t $amage to the #rinci#al thing+ the #ossessor in goo$ "aith may remo'e them+ ,nless the #erson who reco'ers the #ossession e/ercises the o#tion ,n$er #aragra#h ) o" the #rece$ing article& Art *45 E/#enses "or #,re l,/,ry or mere #leas,re shall not e re",n$e$ to the #ossessor in goo$ "aith( ,t he may remo'e the ornaments with which he has emellishe$ the #rinci#al thing i" it s,""ers no in!,ry therey+ an$ i" his s,ccessor in the #ossession $oes not #re"er to re",n$ the amo,nt e/#en$e$& Art *47 The #ossessor in a$ "aith shall reim,rse the "r,its recei'e$ an$ those which the legitimate #ossessor co,l$ ha'e recei'e$+ an$ shall ha'e a right only to the e/#enses mentione$ in #aragra#h 1 o" Article *40 an$ in Article 44.& The e/#enses inc,rre$ in im#ro'ements "or #,re l,/,ry or mere #leas,re shall not e re",n$e$ to the #ossessor in a$ "aith+ ,t he may remo'e the o!ects "or which s,ch e/#enses ha'e een inc,rre$+ #ro'i$e$ that the thing s,""ers no in!,ry therey+ an$ that the law",l #ossessor $oes not #re"er to retain them y #aying the 'al,e they may ha'e at the time he enters into #ossession& .xpenses =ecessary .xpenses (seful expenses 3ossessorinGood Caith .ntitled to reimbursement $ight of retention pending full reimbursements wner has * options8 3ossessor in 6ad Caith .ntitled to reimbursement =o right of retention5 must acate property !recourse is to file collection case" :iable for damages as reasonable rent for period of possession =o rights ption &8 reimbursement of 52 + Ad Majorem Dei Gloriam PROPERTY NOTES conenience or enjoyment of particular possessors' either !a" amount spent or !b" increase in alue with right of retention with full payment' )ase doctrine A possessor in bad faith is entitled to be reimbursed for her expenses in restoring a house to its srcinal condition after it had been partly damaged by fire# because such expenses are necessary# and under <@H# are to be refunded een to possessors in bad faith' A builder in bad faith# under @@K# is not entitled to reimbursement' 6ut @@K is a rule of accession# which is not applicable where a new house was not built on the land of another but only repairs were made on a house that had been partly destroyed by fire' /his latter case comes under <@H which proides for the refund of necessary expenses to eery possessor' !)osio  3alileo" • :uxurious expenses DeteriorationLloss • • • ption *8 /o allow possessor to remoe proided no substantial damage or injury is caused wner has * options8 wner has * options8 ption &8 to allow possessor to remoe ornaments if the principal suffers no injury ption &8 to allow possessor to remoe ornaments if the principal suffers no injury ption *8 to the ornament byretain refunding the amount spent for the ornament ption *8 to the ornament byretain refunding the alue of the ornament at the time owner enters into possession !which means depreciated alue" Always liable whether before or after serice of judicial summons# for any cause# een fortuitous eent' =o liability unless due to fraudulent intent or negligence after serice of judicial summons • =ecessary expenses are made for the preseration of the thing of those which see9 to preent the waste# deterioration# or loss of the thing5 or those without which the thing would deteriorate or be lost' (seful expenses are expenses which add alue to a thing# or augment its income' :uxurious expenses are expenses not necessary for the preseration of a thing nor do they increase its productiity although they add alue to the thing# but are incurred merely to embellish the thing and for the Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Art& **9& The costs o" litigation o'er the #ro#erty shall e orne y e'ery #ossessor& Hn Art& **1& Im#ro'ements ca,se$ y nat,re or time shall always ins,re to the ene"it o" the #erson who has s,ccee$e$ in reco'ering #ossession& H4*0 4mproements caused by nature or time Article <<& coers all the natural accessions mentioned in Articles @  • possession thereof by means of occupancy' /he abandoner may be the owner or a mere possessor but the latter obiously cannot abandon ownership which belongs to another' !obviously raw7" ince abandonment inoles the renunciation of a property right# the abandoner must hae a right to the thing possessed and the legal capacity to renounce it' An owner of property cannot be held to hae abandoned the same until at least he has some 9nowledge of the loss of its possession or of the thing# and a thing cannot be considered abandoned under the law until the spes recuperandi !hope of recoery" is gone and the animus revertendi !intention to return" is finally gien up' 6y oluntary abandonment# a thing becomes without a owner or possessor and is conerted into res nullius and may thus be ac%uired by a third person by occupation' Abandonment which conerts the thing into res nullius can hardly apply to land' )astellano  Crancisco stated that abandonment re%uires8 &' A clear and absolute intention to renounce a right or a claim or to abandon a right or property# and *' An external act by which that intention is expressed or carried into effect' /he intention to abandon implies a departure# with the aowed intent of neer returning# resuming or claiming the right and the interest that hae been abandoned' !)astellano  Crancisco" Assignment? Assignment is understood to mean the complete transmission of the thing or right to another by any lawful manner' 4t may be onerous or by gratuitous title' /he effect is that he who was the owner or possessor is no longer so' Abandonment is always gratuitous' • • • • Destruction# total loss# or withdrawal from commerce Destruction or total loss coers not only that which is caused oluntarily or intentionally but also that which is caused by accident' A thing is lost when it perishes# or goes out of commerce# or disappears# etc' !Art &&K" • • 54 + Ad Majorem Dei Gloriam PROPERTY NOTES 3ossession of another for more than one year /his refers to possession de %acto !as a fact or material possession" and not de jure !legal right or real right of possession" After one year# the former possessor can no longer bring any action for forcible entry or unlawful detainer' 3ossession by mere tolerance een for oer a year does not affect possession de %acto' After &; years# the possessor or owner may bring an accion publiciana or reivindicatoria to recoer possession de jure unless he is barred by prescription' • • • • $ecoery by lawful owner or possessor 3ossession may also be lost when it is recoered from the person in possession by the lawful owner in a reiindicatory action or by the lawful possessor in an action to recoer the better right of possession' • Art& **0& The #ossession o" mo'ales is not $eeme$ lost so long as they remain ,n$er the control o" the #ossessor+ e'en tho,gh "or the time eing he may not -now their whereao,ts& H401 :oss of possession of moables /he possession of moables shall be deemed lost when they cease to be under the control of the possessor either becaue8 /hey hae come into the possession of a third person5 or o Although# they hae not been ta9en by another# o  /he possessor has completely no idea of their whereabouts or location !the pet rat has been missing for sometime5 or .en if 9nown# they cannot be recoered# whether as  a matter of fact !an unopened box of pastillas has been dropped in a deep la9e" or of law !a moable lost by prescription"' 3ossession is not lost by the mere fact that the possessor does not 9now for the time being the precise whereabout of a specific moable when he has not gien up all hope of finding it !li9e a ring misplaced or lost in particular icinity"' 4n this case# the possessor has not lost his legal right to the object' Ee retains his juridical control of the thing which remains in his o patrimony' • • Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  Art& **2& The #ossession o" immo'ales an$ o" real rights is not $eeme$ lost+ or trans"erre$ "or #,r#oses o" #rescri#tion to the #re!,$ice o" thir$ #ersons+ e/ce#t in accor$ance with the #ro'isions o" the Mortgage Law an$ the Lan$ Registration laws& H40)a :oss of possession of immoables and real rights with respect to third persons /hird persons are not prejudiced except in accordance with the proisions of the mortgage law and the registration law' Against a recorded title# ordinary prescription of ownership or real rights shall not ta9e place to the prejudice of a third person# except in irtue of another title also recorded and the time shall begin to run from the recording of the latter' • • Art& **5& Acts relating to #ossession+ e/ec,te$ or agree$ to y one who #ossesses a thing elonging to another as a mere hol$er to en!oy or -ee# it+ in any character+ $o not in$ or #re!,$ice the owner+ ,nless he ga'e sai$ hol$er e/#ress a,thority to $o s,ch acts+ or rati"ies them s,se6,ently& H40. 3ossessory acts of a mere holder /he possessor referred to in this article is the same possessor mentioned in Article <*<' Acts relating to possession of a mere holder do not bind or prejudice the possessor in the concept of owner unless said acts were preiously authoried or subse%uently ratified by the latter' 3ossession may be ac%uired for another by a stranger proided there be subse%uent ratification' !Art <-*" • • • Art& **7& The #ossession o" mo'ale #ro#erty ac6,ire$ in goo$ "aith is e6,i'alent to a title& Ne'ertheless+ one who has lost any mo'ale or has een ,nlaw",lly $e#ri'e$ thereo" may reco'er it "rom the #erson in #ossession o" the same& I" the #ossessor o" a mo'ale lost or which the owner has een ,nlaw",lly $e#ri'e$+ has ac6,ire$ it in goo$ "aith at a #,lic sale+ the owner cannot otain its ret,rn witho,t reim,rsing the #rice #ai$ there"or& H404a $ight of possessor who ac%uires moable claimed by another 4f the possession of a moable property who ac%uired in bad faith# no • 55 + Ad Majorem Dei Gloriam PROPERTY NOTES • • right thereto is ac%uired by the possessor' /he property may be recoered by the true owner or possessor without reimbursement' 4f the ac%uisition was in good faith# here are the rules8 o 3ossession in good faith of a moable is presumed ownership' 4t is e%uialent to title' /his is 9nown as the doctrine of irrreindicability' =o further proof is necessary' /he possessor’s title# howeer# is not absolute' 4t is e%uialent to o title but is not t itle itself' 4t is merely presumptie because it can be defeated by the true owner' /hese are the two exceptions to the general rule of irreindicability' An owner can recoer in these two instances8 &' When one has lost the moable# or *' When one has been unlawfully depried' Ee may recoer without reimbursement' 6ut if the thing was sold at a public sale# the owner must reimburse the buyer' /hese are the exceptions to the exceptions' .en when an owner has lost or has been unlawfully depried# he still cannot recoer in these instances8 &' When the sale is made at merchant’s stores# fairs or mar9ets' *' When the owner of the moable is# by his conduct# precluded from denying the seller’s authority to sell5 -' Where the law enables the apparent owner to dispose of the moables as if he were the true owner thereof @' Where the sale is sanctioned by statutory or judicial authority <' Where the seller has a oidable title which has not been aoided at the time of the sale to the buyer in good faith for alue and without notice of the seller’s defect of title !remember ):F>" H' Where recoery is no longer possible because of prescription I' Where the possessor becomes the owner of the thing in accordance with the principle of finder’s 9eepers • • )ase doctrines =on7payment does not oid a sale' 4t is perfected upon the meeting of the minds' Eence# ownership shall pass from the endor to the endee upon the actual or constructie deliery of the thing sold' 4t does not constitute unlawful depriation of personal property' 4t is a mere oidable sale# and unless it is aoided before the execution of the second sale# then the second sale is alid' !.D)A  antos" 3urchaser in good faith of a chattel or moable property is entitled to be • • • respected and protected in his possession as if he were the true owner thereof until a competent court rules otherwise' 4n the meantime# as the true owner# the possessor in good faith cannot be compelled to surrender possession nor to be re%uired to institute an action for the recoery of the chattel' !.du  Gome" A third party who ac%uired in good faith a stolen ehicle and registered it in his own name cannot lawfully refuse to return it to the true owner and insist upon reimbursement before deliery' !Anar  apdiangco 2 stealing e9uals unlaw%ul deprivation" /he owner of a ring pledged to a pawnshop by one to whom he has entrusted it to be sold on commission can recoer it from the pawnshop' !Dion  untay" Art& *09&  56 + Ad Majorem Dei Gloriam PROPERTY NOTES • • /his article applies to both possession in good faith as well as to possession in bad faith# but only if beneficial to the possessor !li9e for purposes of prescription" /he recoery of possession must be according to law 2 through legal means5 otherwise# the benefit of continuous and uninterrupted possession during the interening period cannot be ino9ed' TITLE VI  CSC3RC:T :;APTER ONE% CSC3RC:T IN >ENERAL Art& *0)& Cs,"r,ct gi'es a right to en!oy the #ro#erty o" another with the oligation o" #reser'ing its "orm an$ s,stance+ ,nless the title constit,ting it or the law otherwise #ro'i$es& H402 What is usufruct? &' A right to enjoy the property of another with the obligation of presering its form and substance *' $ight to enjoy the property of another temporarily# including both the jus utendi and jus %ruendi# with the owner retaining the jus disponendi -' 4n essence# usufruct is nothing else but simply allowing one to enjoy another’s propery What are the characteristics of usufruct? &' 4t is a real rig ht of use and e njoyment# !whether registered or not in the $egistry of 3roperty' $egistering will affect and bind third persons" *' f /emporary duration5 -' /ransmissible5 and @' May be constituted on real or personal property# consumable or non7 consumable# tangible or intangible# the ownership of which is ested in another • • • • A person cannot create a usufruct oer his own property and at the same time retain ownership of the same A usufruct is essentially jus in re aliena# and to be a usufructuary of one’s own property is in law a contradiction in terms and a conceptual absurdity /he essential re%uisite of usufruct is the right to enjoy the property of another /he usufructuary is entitled to all the fruits of the property with the obligation to presere its form and substance Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>  • • Eoweer# the obligation of the usufructuary to presere is only accidental for the law or the will of the parties may modify or een eliminate it /wo classifications based on whether or not impairment of object is allowed8 &' =ormal# perfect or regular 2 inoles non7consumable things which the usufructuary can enjoy without altering the form or substance# through they may detoriorate or diminish by time or by use *' Abnormal# imperfect# irregular or %uasi7usufruct 2 inoles things which would be useless to the usufructuary unless they are consumed or expended# such as money# grain# li%uors# etc =atureofright )reator of right rigin .xtent of enjoyment )ause $epairs a nd taxes (sufruct $eal wner of agent Maybebylaw#by contract# by will of :ease 3ersonal Maynot be theowner 6y contract testator# or by prescription All the fruits and all the )ertain uses only uses and benefits of the !those stipulated" entire property !generally" Moreorlesspassie Actie owner or lessor owner who allows the who ma9es the lessee usufructuary to enjoy enjoy the object (sufructuary to pay :essee not g enerally under the obligation to pay taxes or underta9e repairs Art& *0.& Cs,"r,ct is constit,te$ y law+ y the will o" #ri'ate #ersons e/#resse$ in acts inter 'i'os or in a last will an$ testament+ an$ y #rescri#tion& H405 )reation of usufruct (sufruct may e classified according to how it is created into8 &' :egal# or that created or declared by law 57 + Ad Majorem Dei Gloriam PROPERTY NOTES *' -' Foluntary# or that crea ted by will of the parties !an act inter ios or an act mortis causa" Mixed or that ac%uired by prescription an$ ci'il "r,its o" the #ro#erty in ,s,"r,ct&