Transcript
+ 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'ale or re al # ro#erty( o r )& Mo'ale 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 comprehensie 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 oer which rights !particularly ownership" may be exercised 2 and sometimes to the rights with respect to the thing either real or property •
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What is a real right? $ight or interest belong to a person oer a specific thing Without a definite passie 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 • •
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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 *' ubstantiity ,uality of haing 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 hae 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 •
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Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
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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# ciil 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 priilege !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 &' Actie subject !person in whom the right resides" *' 3assie subject !person against whom the right is aailable" • • • • •
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bject or prestation or the conduct !to gie# to do# or not to do" uridical or legal tie which binds the parties to the obligation
Cor prescription !@ and years for moables5 &; and -; years for immoables" /ransactions inoling real property must be recorded in the $egistry of property to affect -rd parties' =ot re%uired with personal property# except for chattel mortgage cases' Art 41* The "ollowing are immo'ale #ro#erty% 1& Lan$+ ,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'ale( .& E'erything attach e$ to an imm o'ale 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'ale 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 •
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$eal $ight Definite actie subject who has a right against all persons generally as an indefinite passie 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"
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3ersonal $ight Definite actie subject and a definite passie subject
bject always an incorporeal thing )reated by Btitle’ 3ersonal right suries the subject matter Directed against a particular person !actio in personam"
What’s the importance of the classification into moables or immoables? 4n priate international law# general rule is that immoables are goerned by the law of the country in which they are located# whereas moables are goerned 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 inoling personal property are brought in the court where either the defendant or plaintiff resides' Corcible entry and unlawful detainer for $.A: property o $eplein or manual deliery for 3.$=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 immoable may be alid# it must be made in a public instrument' Cor moables# may be oral or in writing !if more than 3<;;;# need only to be in a priate instrument" •
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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$,stry or wor-s( Animal ho,ses+ #ige onho,ses+ eeh i'es+ "is h #on$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 lier 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'ale #ro#erty& 0&
)lasses of immoable or real property !=4DA" &' 6y nature !cannot be carried from place to place" *' 6y incorporation !attached to an immoab le in a fixed man ner to be an integral part thereof" -' 6y destination !placed in an immoa ble for the util ity it gies" @' 6y analogy !by express proision of law beca use it is rega rded as
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united to the immoable 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 een if in the land of another# since it’s separate from the land $oads# whether public or priate# are immoable $eal property treated by the parties as personal property A building is by itself an immoable property irrespectie 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 replein between parties" Eoweer# the chattel mortgage is not binding on third persons'
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4f temporarily separated# will still be regarded as immoable 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 moables
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/rees# plants and growing fruits 4mmoable while they are8 Attached to the land# or o Corm an integral part of an immoable o nce cut or uprooted# they become moable 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 een harested# the transaction is considered as sale of moables because it is a gien that they are to be gathered or harested for deliery •
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.erything attached to an immoable in a fixed manner Attachment must be such that 4t cannot be separated from the immoable o Without brea9ing the material# or o Deterioration of the object o •
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tatues# reliefs# paintings# or other objects for use or ornamentation 4mmoable when8 3laced on the immoable by the owner of the latter# and o 4n such a manner that it reeals 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 immoable unless such person acts as an agent of the owner •
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Machinery# receptacles# instruments# or implements for an industry or wor9s 4mmoable 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 moable in its nature only becomes immobilied 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 haing only a temporary right !Davao Saw Mill v Castillo) .xception !becomes immoable"8 o &' uch person acted as the agent of the owner# or *' :ease agreement states that the machines will pass oer 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 moable by nature# are immobilied because they are essential to said industries •
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+ Ad Majorem Dei Gloriam
PROPERTY NOTES
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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 immoable not essential# since they become immoable because of destination# what is essential is their utility
Animal houses# pigeon houses# beehies# fish ponds or breeding places of similar nature )onsidered immoable8 4n case their owner has placed them or preseres them o With the intention to hae 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
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Certiliers actually used on a piece of land 4mmoable when Actually used on a piece of land o Certiliers 9ept in a barn are not immoable •
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Mines# %uarries and slag dumps 4mmoable when While the matter thereof forms part of the bed o Meaning# the matter thereof remains unseered from the soil o Waters# either running or stagnant# are classified as immoables •
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Doc9s and structures# though floating 4mmoable if 4ntended by their nature and object o /o remain at a fixed place on o A rier# la9e or coasts o •
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)ontracts for public wor9s and seritudes and other real rights oer immoables 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 immoable :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 •
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:;APTER T
S 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 subdiisions" in its public or soereign capacity and intended for public use and not for the use of the tate as a juridical person
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)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# rier channels# rier beds# etc *' Accretions to the shores of the sea -' ubmerged lands or lands reclaimed from the sea by the goernment Mere reclamation of certain foreshore land does not conert these •
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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 priate lands of pri ate ownership but the owne r loses his proprietary right oer said canal through prescription by allowing the public to use it for transportation Coreshore lands when the sea moed toward an estate and the tide inade it# the inaded 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
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:ands of the public domain Does not include all lands of goernment ownership but only so much of said lands as are thrown open to priate appropriation and settlement by homestead law
Goernment lands 6roader term 4ncludes not only public lands# but alsoJ &' other lands of the goernment already resered or deoted to public use# *' or subject to priate rights# -' and patrimonial lands • •
$oads refer to those constructed by the national goernment )anals constructed by priate persons oer priate lands are of priate
Alienation of public agricultural land (nless pubic land is shown to hae been reclassified and alienated by the tate to a priate 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 sere the citiens' /hey can not be the object of appropriation either by the tate or priate persons' oJ &' )annot be sold# leased or be the subject of contracts *' )annot be ac%uired by prescription# not een by municipalities as against the tate -' )annot be encumbered# attached# or be subject to ley 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 Goernment lands 3ublic lands
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3atrimonial property 3roperty of the tate owned by it in its priate or proprietary character =ot for public use# serice or deelopment of the national wealth May be ac%uired bypriate indiiduals or juridical persons throu gh prescription5 can be the object of an ordinary contract •
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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 Goernment =ot self7executing /here must be a formal declaration by the executie !exercised by the 3resident" or possibly legislatie department that the property is no longer needed for public use or for public serice before the same can be classified as patrimonial property A positie act declaring land as alienable and disposable is re%uired • •
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&' 3residential proclamation or executie order *' Administratieact ion -' 4nestigation reports of 6ureau of :ands inestigators @' :egislatie act or a statute !Sec o% D+R v -ap" )lassification of public lands is the exclusie prerogatie of the .xecutie Department 2 courts hae 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# exclusie 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)
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Cor proinces# cities and municipalities# the conersion must be authoried 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 ubdiisions =ote that the articles spea9 of property f or public use# indicating that properties for public serice are patrimonial' !ambulance of the local goernment" •
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3olitical subdiisions 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 goernmental capacity# the property is public and )ongress has absolute control oer it' 4f it is owned in its priate or proprietary capacity# then it is patrimonial and )ongress has no control oer it' !page H-# de :eon"
)ase doctrines8 /he use of subdiision roads by the general public does not strip it of its priate character' /ransfer of ownership from the subdiision owner7deeloper to the local goernment is not automatic but re%uires a positie act from the owner7 deeloper before the city or municipality can ac%uire dominion oer the subdiision roads' (ntil and unless the roads are donated# ownership remains with the owner7deeloper' !0oodridge School, nc v $R# Construction Co, nc) •
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Art 4)* Pro#erty o" #ri'ate ownershi#+ esi$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& 3riate property &' 6elonging to priate pe rsons# either indiidually or collectiely *' 6elonging to the tate and any of its subdiisions 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 ino9ed 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 deliery 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 delier possession of thing sold )ontract of sale# endor bound not only to transfer ownership# but also delier )onsidered deliered only when endee has control and possession •
TITLE II OENERAL
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Art 4)2 Ownershi# may e e/ercise o'er things or rights
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wnership is theJ 4ndependent right of a person to the exclusie enjoyment and control of a thing 4ncluding its disposition and recoery subject only to the restrictions or limitations established by law and the rights of others •
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6eneficial wnership wnership recognied 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 priileges of ownership •
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wnership may be exercised oer things or rights &' /hing 2 usually refers to corporeal property *' $ights 2 whether real o r personal# res of rights may be corporeal or incorporeal Art 4)5 The owner has the right to en!oy an$ $is#ose o" a thing+ witho,t other limitations than those estalishe$ y law& The owner has also a right o" action against the hol$er an$ #ossessor o" a thing in or$er to reco'er it& /he seen jus7es &' 3ossidendi *' (tendi -' Cruendi @' Accessionis
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$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 preent an actual or threatened unlawful physical inasion 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 •
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$ight to receie the fruits and accessories or jus %ruendi and accessionis ownership gies the right by accession to eerything which is produced •
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thereby !see art @@;"
Corcible entry and unlawful detainer !accion interdictal) Corcible entry $e%uisites8 i' 4nstituted by person depried of possession ii' (nlawful depriation 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 •
$ight to dispose or alienate or jus disponendi either totally !sale or donation" or partially !pledge# mortgage# etc" includes right not to dispose duty of endor to transfer ownership endor must be the owner or authoried to sell thing o o sufficient that he be the owner at the time of the deliery of the thing sold only the absolute owner can pledge or mortgage one’s property • • •
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$ight to recoer possession andLor ownership or jus vindicandi true owner must resort to judicial process for the recoery of the property he cannot ta9e the law into his own hands •
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Actions aailable to recoer possession andLor ownership &'
$ecoery of personal property8 $emedy of $eplein or manual deliery of personal property $e%uisites !$ule H;# $ules of )ourt"8 Applicant must show by his own affidait 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 aderse party# alleging the cause of detention thereof according to the best of his 9nowledge# information and belief Applicant has burden of proing his ownership or right of possession oer the property in %uestion 6oth a principal remedy !regain possession" and a proisional remedy !allow the plaintiff to retain the thing wrongfully detained by another pendente lite" $ecoery of real property8
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(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 hae been present right from the start of the possession which is later sought to be recoered !Falde# jr )A" nly issue inoled in both is mere physical or material possession !possession de %acto"# not juridical or ciil possession !possession de jure" 3laintiff need only to allege and proe prior possession de facto and undue depriation thereof 4t’s a %uieting process ummary in nature !to sole 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 aer facts constitutie 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"
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Must be apparent in the face of the complaint !armiento o )A" urisdictional facts 2 what does a plaintiff hae to allege? Cor unlawful detainer o i' 3laintiff’s right oer property !describing the property" ii' 3rior lawful possession i' 4f by tolerance# acts of tolerance must hae 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 proisionally' •
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/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 resoled 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 proe prior possession can recoer such possession een against the owner himself' Ee has the security that entitles him to remain on the property until he is lawfully ejected by a person haing 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 resole the issue of ownership and ma9e a declaration as to the owner' 6ut# it is merely proisional# and does
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not bar nor prejudice an action between the same parties inoling the title to the land' !Asis Asis Fda de Guearra# *;;" 3lenary action to recoer 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 hae a better right must proe not only his right but also the identity of the property claimed iii' Ciled in the $/) where the property is located 4ssue inoled is possession de jure of realty independently of title !as compared to interdictal, possession de %acto" udgment rendered here is conclusie only on the %uestion of possession# not that of ownership urisdictional facts? &' $ight of plaintiff oer property *' 3eriod to bring interdictal has expired Don’t 9now na' 3. •
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Action to recoer possession based on ownership !accion reivindicatoria) $e%uisites8 i' $ight of plaintiff oer property ii' Ciled at the $/) where the property is located • •
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ee9s recoery of possession based on ownership# with claim of title 4ssue inoled 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 reconeyance 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 oer the property Action for reconeyance 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 hae passed to a third person' o
All three actions are actions in personam'
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4njunction as a remedy for recoery 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 positie right oer 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 iolatie of such right What if there is someone actually possessing the property sought to recoer? 3erson not ordinarily allowed to aail of remedy of preliminary o preentie or mandatory injunction but must bring the necessary action for the recoery of possession' 4njunctie 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 hae 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 recoery 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
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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 preent 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 gien the same remedy granted aboe' 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 aail 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 faor of the party who claims the subject property in possession of another is the undisputed owner as where the property is coered 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+ proided# that no third person has interened !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 •
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: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 priate rights which ta9e place in accession continua H' prohibition against the ac%uisition of priate lands by aliens
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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$ $is#osal thereo"& 3or this #,r#ose+ he may ,se s,ch "orce as ay e reasonaly necessary to re#el or #re'ent an act,al or threatene$ ,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 inasion or usurpation which is unlawful $ead with Art &K of the )iil )ode' Art 4.9 E'ery owner may enclose or "ence his lan$ 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& $ight to enclose or fence :imited by existing seritudes imposed on the land or tenement
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interference is necessary to aert an imminent danger and the threatened damage to actor or a third person !but the damage must be proportionate and reasonable" imminent danger or threatening damage must be much greater than the damage arising to the owner of the property
Art 4.. Act,al #ossession ,n$er claim o" ownershi# raises a $is#,tale #res,m#tion o" ownershi#& The tr,e owner m,st resort to !,$icial #rocess "or the reco'ery o" the #ro#erty& Applies to both immoable and moable property $e%uisites to raise the disputable presumption of ownership8 i' Actual !physical or material" possession of the property ii' 3ossession must be under claim of ownership •
udicial process contemplated Means ejectment suit or reinidicatory action +/1parte petition for issuance of a possessory writ is not a judicial • •
process# as it is non7litigious !3=6 )A" Art 4.4 In an action to reco'er+ the #ro#erty m,st e i$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&
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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 #rohiit 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 proe both ownership and identity ii' 6urden of proof lies on the party who substantially asserts the affirmatie of an issue iii' $eliance on strength of eidence 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# ciil indemnification can be as9ed for $e%uisites8
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3arty who desires to recoer 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
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PROPERTY NOTES
of a land# the latter preails' 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 oerlapping of o boundaries# the actual sie of the property gains importance' .%uiponderance of eidence? $ule for defendant' .idence to proe ownership &' A /orrens title *' /itle from the panish goernment -' 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 recognied the ownership of the property by the plaintiff !estoppel" pen# continuous# exclusie# aderse 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 eidence of ownership or possession5 but they are good indicia of possession in the concept of owner )onclusieness of certificates of title 4ndicates true and legal ownership of a priate land and should be accorded great weight as against tax declarations but is not conclusie if the land had already been preiously 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
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$e%uisites8 i' /a9ing must be done by competent authority ii' Must be for public use iii' wner pa id just compensation i' $e%uirement of due process of law must be obsered hould the re%uirements be not first complied with# restore the property to his possession' 6ut can be lost by estoppel or ac%uiescence •
Art 4.0 ;T O3 A::ESSION >ENERAL PROVISIONS SE:TION I RI>;T O3 A::ESSION
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Art 441 To the owner elongs% The nat,ral "r,its( o
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PROPERTY NOTES
o o
The in$,strial "r,its( The ci'il "r,its&
Art @@& refers to accession discreta $ight of owner to the fruits General rule8 All fruits belong to the owner of a thing' .xception8 A person# other than the owner of a property# owns the fruits thereof8 &' possession in good faith by another !possessor entitled to the fruit s receied before possession is legally interrupted" *' usufruct !usufructuary entitled to all the fru its of the prop erty on usuf ruct" -' lease of rural lands !lessee gets fruits# lessor gets rents" @' pledge !pledgee gets fruits# etc but wi th the obligation to compensate what he receies with those which are owing him" <' antichresis !creditor ac%uires the fruits of his debt or’s immoable# but with the obligation to apply them first to the interest and then to t he principal amount of the credit" Art 44) Nat,ral "r,its are the s#ontaneo,s #ro$,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 laor& :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 cultiation or labor"# and *' oung and other products of animals !chic9s# eggs# wool# mil9" •
/he second 9ind is considered as natural fruits whateer care or management# scientific or otherwise# may hae been gien 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 cultiation or labor of
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humans (sually cultiated for a purpose
)iil fruits &' $ents of buildings *' 3rices of leases !rents" of lan ds and other property !i ncluding moables" -' Amount of perpetual or life annuities or other similar income Art 44. ;e who recei'es the "r,its has the oligation to #ay the e/#enses ma$e y a thir$ #erson in their #ro$,ction+ gathering+ an$ #reser'ation& Art @@- applies when8 &' wner of property recoers the property from a pos sessor and the possessor has not yet receied the fruits although they may hae already been gathered or harested5 or *' /he possessor has already receied the fruits but is ordered to return the same to the owner 4n both cases# the owner is obliged to reimburse the preious 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 hae 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 preseration 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 preseration 2 not improement' •
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Art 444 Only s,ch as are mani"est or orn are consi$ere$ as nat,ral or in$,strial "r,its&
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;T O3 A::ESSION
General rule on accession industrial Art @@< and @@H gie 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 improement" Art 44*
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PROPERTY NOTES
Goodfaith ption &8 3urchase whateer 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 $eceie indemnity for necessary# useful and luxurious expenses !depends on landowner" with right of retention oer 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 receied by the 63 in good faith !=uguid case"
$emoe useful improement proided 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 improements# 63 can remoe the same proided there is no injury to the principal thing !land or building"
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Good faith ption &8 /o ac%uire whateer has been built# planted or sown without paying indemnity except necessary expenses for preseration of land and luxurious expenses !should : want to ac%uire luxurious improement" plus damages
=ote8 $ental period of sower is only until he gathers what he sowed' Ee doesn’t hae the remedy of remoal' !armiento" 6ad Caith :oses whateer has been built# planted or sown without indemnity and liable to pay damages .ntitled to reimbursement for necessary expenses for preseration 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 improements expenses and cannot remoe useful een if remoal 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 remoe whateer 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 remoe luxurious improements 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 remoe bliged to remoe or demolish wor9 or demolish wor9 done plus done at his expense and pay damages damages 6ad Caith Good Caith Ac%uire whateer has been built# 6all is in the court of the 63'
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planted or sown by paying indemnity plusdamages
63canremoewhateerhasbeen built# planted or sown regardless of whether or not it will cause injury and will be entitled to damages 4f : ac%uires whateer 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 proisions of law goern !agency# co7ownership# lease# usufruct" *' 4mproement 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 proision 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 aoid a state of forced co7ownership especially where the parties in the main agree that @@ and <@H are applicable and indemnity for the improements 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 preseration of the thing# or /hose which see9 to preent 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 eidence or by suit for recoery of the property by the true owner •
What happens if good faith ceases? !$osales case" : can ac%uire improements 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 •
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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$owner the 'al,e o" the materials an$ laor& :andowner GoodCaith ption &8 /o ac%uire whateer has been built# planted or sown proided 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
6uilderL3lanterLower GoodCaith /o receie indemnity from : with right of retention oer land until full payment
wner of the Materials GoodCaith /o receie indemnity from 63 who is primarily liable for materials5 if 63 is insolent# to proceed against : who is subsidiarily liable with no right of retention
/o buy land or to pay proper rent
/o receie indemnity from 63 only !: is not subsidiarily liable"
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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 whateer hasac%uire been built# planted or sown without paying indemnity except for necessary expenses for preseration of land and luxurious expenses !should : want to ac%uire luxurious improements" 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 improements" and has no right of remoal een if remoal 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 remoe materials if there will be no injury on building or trees and will hae material lien against 63 for payment of materials 6adCaith Whateer is the choice of :# the M8 &' loses the materials in faor of the 63 and *' will hae no right to receie indemnity from 63 nor : 6adCaith !ince 63 and M areboth in bad faith# treat them both as if they are in good faith'" Whateer is the choice of the :# M has right to receie 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 remoe materials een 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 remoe 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
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to pay damages to : /o demolish or remoe 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 receie indemnity from : plus damages
GoodCaith / receie indemnity of materials principally from 63 and in case 63 is insolent# subsidiarily from : 6adCaith =o rightto receie 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$,ally recei'e "rom the e""ects o" the c,rrent o" the waters& Article treats of alluion# a form of accession natural' Alluion isJ Accretion which the ban9s of riers gradually receie from the effects of the current of the waters and Which belong to the owners of lands adjoining the said ban9s •
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$iparian owners are owners of lands adjoining the ban9s of riers' :ittoral owners are the owners of lands bordering the shore of the sea or
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PROPERTY NOTES
la9e or other tidal waters Distinguished f rom accretion Alluion 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 imperceptiely receies 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 imperceptie ii' Accretion results from the effects or act ion of the curre nt of waters of the rier !exclusie wor9 of nature" iii' :and where accretion ta9es place must be adja cent to the ban 9 of a rier 4nstances when alluion D. =/ ta9e place 1. Accretion because of sudden and forceful action li9e that of flooding 2. 3. 4.
Accretion caused by human interention !would still be part of public domain 2 Fda de =aerno )A" Accretion caused by action of Manila 6ay !since Manila 6ay is not a rier# it’s part of the sea" Accretion on the ban9 of a la9e !li9e :aguna de 6ay" hae been held to belong to the owners of the lands to which they are added
.lements of rier and their ownership A rier is a compound concept consisting of three elements8 &' $unning waters *' /he bed -' /he ban9s •
ince a rier is a compound concept# it should hae only one nature 2 it should either be totally public or completely priate' And since riers# whether naigable or not# are of public dominion !Art @*;"# it is implicit that all the three component elements be the same nature also'
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3romote the interests of agriculture for the riparian owner it in the best position to utilie the accretion
Accretions affecting lands registered under the /orrens system n case o% diminution o% area $egistration does not protect the riparian owner against diminution of the area of his land t hrough gradual changes in the course of the adjoining stream Accretions which the ban9s of riers may gradually receie from the effect of the current become the property of the owners of the ban9s n case o% increase o% area Although alluion is automatically owned by the riparian owner# it does not automatically become registered land# just because the lot which receies such accretion is coered by a /orrens title o# alluial deposit ac%uired by a riparian owner of registered land by accretion may be subjected to ac%uisition through prescription by a third person# by failure of such owner to register such accretion within the prescribed period •
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Art 4*5 The owners o" estates a$!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& $efers only to ponds and lagoons =o application when the estate adjoins a cree9# stream# rier or o la9e Cor purposes of alluion# la9es are of the same category of o cree9s# streams and riers 3ond a body of stagnant water without an outlet o larger than a puddle and smaller than a la9e o :agoon small la9e# ordinarily of fresh water# o and not ery deep# fed by floods o the hollow bed of which is bounded by eleations of land o :a9e 6ody of water formed in depressions of the earth o rdinarily fresh water o )oming from riers# broo9s or springs o )onnected with the sea by them o •
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$easons for alluion &' )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
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Eence# :aguna de 6ay is a la9e •
Art 4*7
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A flooded rier or one suddenly raised by a heay rain and descending a steep incline $aging flood or rushing stream of water
What if a portion of land is transferred# but not by a current of water# but by a landslide? ou can apply Art @
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Art 40. ;T O3 A::ESSION
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6ut one of the component things preseres its alue
)haracteristics of adjunction 4n order that adjunction may ta9e place# it is necessary that8 &' /here are two moables belonging to different owners *' /hey are united in such a way that they form a single object5 and -' /hey are so inseparable that their sep aration would impair their nature or result in substantial injury to either •
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4n determining the right of the parties in adjunction# regard is had only to the things joined and not to the persons' 6ut where there is a mere change of form or alue which does not destroy the identity of the component parts# the srcinal owners may demand their separation !Art @HK"
Ninds of adjunction &' inclusion or engraftment !such as when a diamond is set on a go ld ring" *' soldering or soldadura !when led is united or fused to an o bject made of lead" a'
ferrumincaion !if both the accessory and principal are of the same metal" b' plumbatura !if they are of different metals" -' writing or escritua !when a person writes on paper be longing to another" @' painting or pintura !when a person pains on canas of another" <' weaing or tejido !when threads belonging to different owners are used in ma9ing textile" Art 402 The #rinci#al thing+ as etween two things incor#orate$+ 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
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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 proisions !see Art @I<" applicable as well as the comparatie merits# utility and olume of their respectie things /he special rule regarding paintings# etc is based on the consideration that what is painted is of greater alue that the board or canas inasmuch as the exceptions mentioned are specified# its proision can not be applied by analogy to cases of adjunction of similar nature which are deemed excluded' !ee Art @HI and @H"
Art 407
$ules goerning mixture !co7ownership" &' 4f the mixture by will of owners# their rights shall be goerned by their stipulations' 4n the absence of any stipulation# each owner ac%uires a right or interest in the mixture in proportion to the alue of his materials as in co7ownership' MITCRE wner who caused mixture wner of the thing mixed into Good faith or by chance Good faith or by chance .ach owner ac%uires a right proportional to the part belonging to him# bearing in mind the alue of the things mixed or confused 6ad faith :oses the thing mixed or confused plus liable to pay damages
.ach owner ac%uires a right proportional to the part belonging to him# bearing in mind the alue of the things mixed or confused Good faith Ac%uires the thing mixed plus entitled to damages
Art 424 One who in goo$ "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$emni"ying the owner o" the material "or its 'al,e&
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I" the material is more #recio,s than the trans"orme$ 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$eraly more than that o" the material& Definition of specification /a9es place wheneer 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'
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the material of another into a different 9ind o Clour made into bread# grapes into wine# clay into bric9s# loe 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 $ight to indemnification for the alue hall appropriate the thing thus of the material' transformed as his own# indemnifying the owner of the material for its alue' +/cept8 Material more precious than transformed thing' ption &8 Appropriate the new thing to himself# indemnifying the builder for his wor9'
/o be indemnified'
ption *8 Demand indemnity for the material' Good faith
Appropriate the same after indemnity for material' 6ad faith
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Art 42* In the #rece$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 presere their nature
/hings mixed may or may not retain their respectie srcinal nature )o7ownership results
Accessory follows principal
pecification May be only one ting whose form is changed )omponent parts retain or presere their nature
Accessory follows principal
:;APTER T;REE% FCIETIN> O3 TITLE ART 420
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=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 respectie rights of the parties so that the complainant and those claiming under him may foreer free from any danger of hostile claim !$umarate case" Affords prompt and ade%uate method to remoe cloud on title 3romotes improement of property •
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/o what 9ind of property does this action apply? $eal property# which may refer to either the title or only an interest therein !usufruct# seritude# lease record# etc" =ot to personal property 6ut# they may be applied to personalty under exceptional o circumstances with respect to certain types of property which parta9e of the nature of real property !essels# motor ehicles# certificates of stoc9s"# or treated to some extent as realty because of registration re%uirements for ownership or transactions affecting them !chattel mortgage" •
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3rescriptibility of action &' 4f plaintiff in possession# it does not p rescribe' An action to %uiet title brought by a person who is in possession of the property is imprescriptible' *' 4f plaintiff not in possession# he must ino9e his remedy within the proper prescriptie period' /en years if in good faith# -; years if in bad faith' Art 422 The #lainti"" m,st ha'e legal or e6,itale title to+ or interest in the real #ro#erty which is the s,!ect matter o" the action& ;e nee$ not e in #ossession o" sai$ #ro#erty& /itle and possession of the plaintiff 3laintiff must hae 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 •
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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 conerting 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 oligation 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 extinctie prescription !as where plaintiff has possess in bad faith the property publicly# adersely and uninterruptedly for -; years"
herey 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 $anger o" "alling+ the owner shall e olige$ to $emolish it or to e/ec,te the necessary wor- in or$er to #re'ent it "rom "alling& I" the #ro#rietor $oes not com#ly with this oligation+ the a$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& •
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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 remoe the cloud on the plaintiff’s title or o to preent 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 hae receied 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" •
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Art 459 The #rinci#les o" the general law on the 6,ieting o" title are
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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 administratie 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.
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)o7ownership .ach co7owner# together with the others# is the owner of the whole undiided 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 uriors 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
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ointwnership =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
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3urpose is collectie 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 respectie interests of the co7owners =ot dissoled by death Agreement to 9eep the thing undiided 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 oer the whole property and oer his undiided share $ight of ownership rests solely on each and eery co7owner oer a single object
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3urpose to obtain profits
3resumption8 3roportional to their respectie interests Does not apply to co7ownership based on will or by donation'
(nless authoried# a partner cannot dispose and substitute another partner in his place 3artner can generally bind the partnership Distribution of profits is subject to stipulation of the partners
Art 450 Each coowner may ,se the thing owne$ 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 coownershi# or #re'ent the other coowners "rom ,sing it accor$ing to their rights& The #,r#ose o" the coownershi# may e change$ y agreement+ e/#ress or im#lie$&
Dissoled 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
$ight of dominion is in faor of one or more persons and oer two or more different things
)ase doctrines /he property regime of parties to a bigamous marriage is goerned by Art &@ of the Camily )ode which proides that all properties ac%uired by the parties out of their actual joint contribution of money# property# or industry shall be goerned by the rules on co7ownership' 4f there is no contribution from either or both of the spouses# there can be no co7 ownership' !Acre utti99i 7 aw yeah# what a name'" •
Art 45* The share o" the coowners+ in the ene"its as well as in the charges+ shall e #ro#ortional to their res#ecti'e interests& Any sti#,lation in a contract to the contrary shall e 'oi$& The #ortions elonging to the coowners in the coownershi# shall e #res,me$ e6,al+ ,nless the contrary is #ro'e$&
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:imitations on co7owner’s right to use &' Must be n accordance with the purpose for which the co7ownership is intended $esort to the agreement 4n absence thereof# it is to be understood that the thing is intended for that use for which it is ordinarily adapted according to its nature )o7owners are free to change the purpose of the co7ownership • •
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by agreement# express or implied o Eoweer# mere tolerance does not change purpose Must not injure the interest of the co7ownership Must not preent the co7owners from using it according to their rights
Art 452 Anyone o" the coowners may ring an action in e!ectment& Action in ejectment Any co7owner can bring# in behalf of himself# and the other co7owners an action in ejectment affecting the co7ownership Corcible entry# unlawful detainer# recoery of possession# o recoery of ownership May be brought against strangers and een against a co7owner nly purpose of an action against a co7owner who ta9es o exclusie possession and asserts exclusie ownership of the property is to obtain recognition of the co7ownership An aderse decision in the action is not necessarily res judicata with respect to the other co7owners not being parties to the action .xception8 where it appears that the action was instituted in o their behalf with their express or implied consent# or /he rights in the co7ownership are deried from the title of their o predecessors7in7interest found by the court to be inalid or •
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inexistent
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Art 455 Each coowner shall ha'e a right to com#el the other co owners to contri,te to the e/#enses o" #reser'ation o" the thing or right owne$ in common an$ to the ta/es& Anyone o" the latter may e/em#t himsel" "rom this oligation 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 preseration and to taxes /he expenses of preseration of the thing or right owned in common and the amount of taxes due thereon should be borne by all A co7owner who adanced them has a right to demand reimbursement from the others in proportion to their respectie interests in the co7 ownership $efers only to necessary expenses (seful expenses are not coered# unless such were incurred with the •
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$epairs for preseration A co7owner has the right to compel the other co7owners to o contribute to the expenses of preseration# maintenance or necessary repairs of the thing or right owned in common# and to the taxes# een 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# een if practicable# would not exempt the o other co7owners from the obligation to contribute to the expenses' 6ut the co7owner who adanced them has the burden of proing that they were properly incurred'
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consent of the others .xpenses for pure luxury are not also refundable# not being for preseration
$enunciation by a co7owner of his share in the co7ownership $enunciation need not be total /he co7owner need only renounce or gie up in faor of the other co7 owners so much of this undiided share as may be e%uialent to his share of expenses and taxes .xample? • •
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Art 457 Re#airs "or #reser'ation may e ma$e at the will o" one o" one o" the coowners+ ,t he m,st+ i" #racticale+ "irst noti"y his coowners o" the necessity "or s,ch re#airs& E/#enses to im#ro'e or emellish 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 preseration !Art @K" o Acts of administration !Art @K*" o Acts of alteration !Art @K&" o •
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Art 479
a##ointment o" an a$ministrator&
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only insofar as his ideal %uota is concerned unless the sale is authoried 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 $ecourse of co7owners when their consent was not secured8 action for partition
Where personal rights are inoled A co7owner may substitute another in the enjoyment of his undiided interest in the co7ownership except when personal rights are inoled 3ersonal right 2 a right which cannot be transferred because it affects the personal relations of the co7owners with one another •
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Art 474 No coowner shall e olige$ to remain in the coownershi#& Each coowner 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 $onor or testator may #rohiit #artition "or a #erio$ which shall not e/cee$ twenty years&
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Neither shall there e any #artition when it is #rohiite$ y
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$ight of a co7owner to demand partition 3artition is the diision 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 seeral portions of the common property by some of the co7owners does not of itself proide 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
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3rescription in faor of or against a co7owner 3rescription does not run in faor or against a co7owner or co7heir )o7ownership is a form of a trust# with each owner being a trustee for each other' Where# howeer# a co7owner or co7heir repudiates the co7ownership# • •
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prescription begins to run from the time of repudiation !re%uisites" i' Ee had performed une%uiocal acts of repudiation of the co7 ownership amounting to an ouster of the beneficiary or the other co7owners ii' uch positie acts of repudiation hae been made 9nown to the beneficiary or other co7owners iii' .idence thereon is clear# complete and conclusie in order to establish prescription without any shadow of doubt5 and i' 3ossession is open# conti nuous# exclusie and notorious
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.xceptions to the right to demand partition
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.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 reconeyance of land based on implied or constructie trust )ancellation of title in the name of the apparent beneficiaries and application for a new certificate of title in his !administratorLtrustee" name •
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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$er it ,nser'iceale "or the ,se "or which it is inten$e$& =,t the coownershi# may e terminate$ in
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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$e& 3urpose and effect of partition 3artition has for its purpose the separation# diision and assignment of the thing held in common among those to whom it may belong' After partition# the portion belonging to each co7owner has been identified and localied# so that co7ownership# in its real sense# no longer exists •
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Action for partition /wo phases8 Determine whether there is indeed a co7ownership o o Determine how the property is to be diided /he issue of ownership or co7ownership must first be soled in order to effect a partition of properties An action for partition will not lie if the claimant has no rightful interest oer the subject property
partition and in a proper case# decree title in accordance with the possession in seeralty Art 472 The cre$itors or assignees o" the coowners 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 $etor or assignor to maintain its 'ali$ity& •
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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 • •
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the partition already made5 4f notice is gien# 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 gien# and whether or not formal opposition was presented# or /he partition was made notwithstanding that f ormal opposition was presented to preent it# een if there has been no fraud' Debtor or assignor has always the right to show the alidity of the partition' o
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Application of the tatute of Crauds /he tatute of Crauds does not apply to partition because it is not legally deemed a coneyance 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 inoled 4n cases of oral partition# the actual possession of one of the o property is eidence 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 preious notice of the proposed partition be gien to the creditors and assignees' 6ut as t hey are granted the right to participate in the partition# they hae 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 gien# t he creditors or assignees may %uestion o
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Art 475
T;E :ON8OMINICM A:T •
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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 undiided 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 $estrictions Coreigners can own up to @;O of the entire condominium corporation !so if the condominium has &;; units# foreigners can own up to @; units" 03roject1 means the entire parcel of real property diided or to be diided in condominiums# including all structures thereon 0)ommon areas1 !meaning the entire project excepting all units separately granted or held or resered" are owned by the condominium corporation 03riate units1 !meaning the a part of the condo project intended for any type of independent use or ownership" are owned by the unit owners (nit owners are shareholders in the condominium o o 4f you sell your unit to someone else# you lose your status as a shareholder in the condominium corporation )ondominium )ertificate of /itle is what’s gien !as opposed to a )/ or /)/"
TITLE V POSSESSION :;APTER ONE POSSESSION AN8 T;E GIN8S T;EREO3 Art *). Possession is the hol$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 •
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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# howeer# 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 characteried by two relations8 &' 3ossessor’s relation to the property itself 2 this assumes that the possessor exercises some degree of control more or less effectie oer the object' *' 3ossessor’s relation to the world 2 aside from the power of control oer the object# the possessor must also hae 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 hae only custody# not possession# of the jewelry' •
Corms or degrees of possession &' 3ossession without any title whateer 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 •
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concept of owner# such as that of a lessee# usufructuary# depositary# agent# etc 3ossession with a just title 3ossession of an aderse claimant whose title is sufficient to transfer ownership but is defectie# 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 deried from the right of dominion or possession of an owner' /his is the highest degree of possession'
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=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 haing 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 haing better right than the possessor' 4t may •
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3ossession as a fact &' /he face of possession gies 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 faor the presumption that his possession is lawful 2 that he is t he owner or has been gien 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 ie proof of ownership nor is non7 possession inconsistent therewith' 3ossession# howeer# may create ownership either by occupation or by ac%uisitie prescription'
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=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 •
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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# serant 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 receied by a teller for the ban9"# or uridical# when the possession gies the transferee a right oer 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 oer it of such a nature as a party would naturally exercise oer his property' :iterally# to possess means to actually and physically occupy a thing with or without a right' *' )onstructie 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 constructie possession 3ossession in the eyes of the law does not mean that a man has to hae his feet on eery s%uare meter of ground before it can be said that •
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agent who receies the proceeds of sales of goods deliered to him in agency by his principal' )ase doctrines 4n the grammatical sense# to possess means to hae# 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"
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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 proision# 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 aderse 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 belieed 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 •
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person' 4t is possession not under a claim of ownership# the possessor ac9nowledging in another a superior right which he beliees 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' $ights are possessed in the concept of owner' /hus# the o lessee possesses the thing leased in the concept of holder# and the right of lease in the concept of owner' /he agent# parent and other legal representaties possess neither in the concept of owner nor holder' /hey possess in the name of another' •
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)ase doctrines 3ossession is8 open when it is patent# isible# apparent # notorious and not o clandestine' o continuous when uninterrupted# unbro9en and not intermittent or occasional' exclusie when the aderse possessor can show exclusie o dominion oer the land and an appropriation of it to his own use and benefit notorious when it is so conspicuous that it is generally 9nown o and tal9ed off by the public or the people in the neighborhood' (se of land is aderse when it is open and notorious' !$epublic 4mperial )redit )orporation" While a tax declaration by itself is not sufficient to proe ownership# it may sere 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" Eoweer# tax declarations and receipts are not conclusie eidence of ownership' At most# they constitute mere prima facie proof of ownership •
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or possession of the property for which the taxes hae been paid' 4n the absence of actual public and aderse possession# the declaration of the land for tax purposes does not proe 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 inalidates 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 inalidates it' •
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/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 improements and the ac%uisition of ownership by prescription' /he distinction is immaterial in the exercise of the right to recoer under Article <-K which spea9s of eery 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 beliees 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 beliees to be t rue is not so' •
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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 eidence as to the conduct and outward acts by which alone the inward motie 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 oerreach another# or to defraud or to o see9 an unconscionable adantage' !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 inalidates it' 6asically# it’s honesty of intention and absence of malice' •
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)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 affirmatiely operating with furtie design or some motie 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 proisions 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 •
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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 inalidates 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' !Dion $odrigue" /he defense of haing purchased the property in good faith may be aailed of only where registered land is inoled and the buyer had relied in good faith on the clear title of the registered owner' !Daclag Macahilig" •
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Art *)2 >oo$ "aith is always #res,me$+ an$ ,#on him who allege$ a$ "aith on the #art o" a #ossessor rests the ,r$en o" #roo"& 3resumption of good faith •
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/his article establishes the presumption of good faith5 it does not say that good faith exists# but that it is presumed' /he presumption is just because possession is the outward sign of ownership' 4t is to be presumed that the right of the possessor is well7 founded' .ery person is presumed to be honest until the contrary is shown' 6ut note that for the purposes of prescription# just title must be proed5 it is neer presumed'
the facts mentioned in the article must be proed' 6ad faith begins or good faith is interrupted from the time the possessor becomes aware 0that the he possesses the thing improperly or wrongfully#1 not from the time possession was ac%uired' 4n the absence of other facts showing the possessor’s 9nowledge of defect in his title# good faith is interrupted from the receipt or serice of judicial summons' Crom the serice of judicial summons# there exists an act o which the possessor 9nows that his right is not secure# that someone disputes it# and that he may yet lose it5 and if the court orders that restitution be made# that time determines all the legal conse%uences of the interruption# the time when the possession in good faith ceases to be so before the law' /he filing of a case alleging bad faith on the part of a endee o gies cause or cessation of good faith'
)ase doctrines When a contract of sale is oid# the possessor is entitled to 9eep the •
fruits during the period for which it held the property in good faith# which good faith ceases when an action to recoer possession of the property is filed against him and he is sered summons therefor' !D63 )A" Art *)7 It is #res,me$ that #ossession contin,es to e en!oye$ in the same character in which it was ac6,ire$+ ,ntil the contrary is #ro'en& )ontinuity of the character of the possession /he character or possession !good faith or bad faith" is presumed to continue until the contrary is proed =o one can# by his sole will nor by the mere lapse of t ime# change the cause of his possession' •
Art *)5 Possession ac6,ire$ 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 inole acts of the possessor himself or of some other person or any extraneous eidence' 6ut the existence of •
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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 moables with real property !Art <@*" @' .xclusie possession of common property !Art <@-" <' )ontinuous possession !Art <@@" H' (ninterrupted possession !Art
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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 gien 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%uialent to the deliery of the thing' 6ut there is no deliery notwithstanding the execution of the instrument# where the purchaser cannot hae the enjoyment and ma9e use of t he thing sold because such enjoyment and use are opposed or preented by another' (nder Article <-# possession as a fact cannot be recognied 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
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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 authoried person or by his legal representatie or by his agent# and -' /hru an unauthoried person or by any pers on without any power or authority whateer' •
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 •
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)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 constructie possession' When the lad adds the word occupation# it see9s to delimit the all encompassing effect of constructie possession' ne’s possession must not be a mere fiction' Acutla possession of a land consists in the manifestation of acts of dominion oer it of such a nature as a party would naturally exercise oer his own property' !ng $epublic" 3ossession cannot be ac%uired through force or iolence' /o all intents and purposes# a possessor# een if physically ousted# is still deemed the legal possessor' !)e%uena 6olante" •
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representaties to exercise the rights arising from possession' 4f a person authoried to ac%uired possession for another acted beyond his powers# the principal is not bound unless the latter ratifies the act of ac%uisition' /he exception is when a person oluntarily manages the property or business of another' 4n such case# the stranger’s !gestor’s" possession ta9es effect een without ratification by the owner of the property or business'
)ase doctrines Art& *..& The #ossession o" here$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 undiided owner of the whole estate left with respect to that portion which might be •
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adjudicated to him' /he inheritance may be accepted or repudiated' /here is no doubt that an heir can sell whateer right# interest or participation he may hae 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 neer to hae 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'
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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 $ecourse to the courts .ery possessor has a right to be respected in his possession' /he lawful possessor may use such force as may be reasonably necessary to repel or preent inasion or usurpation of his property' •
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)ase doctrines A possessor in bad faith should not prejudice his successors7in7interest' 6ad faith is personal and intransmissible' !.scritor 4A)" Art& *.*& Minors an$ inca#acitate$ #ersons may ac6,ire the #ossession o" things( ,t they nee$ the assistance o" their legal re#resentati'es in or$er to e/ercise the rights which "rom the #ossession arise in their "a'or& H44. •
Ac%uisition and exercise of rights of possession by minors and incapacitated persons /he persons referred to in the proision are unemancipated minors and other persons who hae no capacity to act li9e spendthrifts# deaf7mutes who cannot read and write# those under ciil interdiction# etc' •
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/hings here are limited to corporeal things only' /his article refers principally but not exclusiely to material occupation' 4ncapacitated persons may ac%uire property or rights by prescription either personally or through their parents# guardians or legal reps' nce possession of a thing is ac%uired by such persons# there is born the right of possession' 4n the exercise of this right# they need the assistance of their legal reps'
/his article applies to one who beliees himself the owner of real property' 4f he ta9es justice into his own hands# he is a mere intruder5 and he can be compelled to return the property in an action for forcible entry and must suffer the necessary and natural conse%uences of his lawlessness' A party who can proe prior possession# whateer may be the character of the possession# has the security that entitles him to recoer such possession or to remain on the property een against the owner himself until he is lawfully ejected by accion publiciana or accion reivindicatoria3
Art& *.2& Acts merely tolerate$+ an$ those e/ec,te$ clan$estinely an$ witho,t the -nowle$ge o" the #ossessor o" a thing+ or y 'iolence+ $o not a""ect #ossession& H444 Acts which do not gie rise to possession /he acts mentioned do not affect possession# i'e' the person in possession does not lose the same nor does the person who results to them ac%uire it' 4n other words# the true possessor is deemed to hae enjoyed uninterrupted possession' Corce or intimidation 2 as long as there is a possessor who o objects thereto# such as by suit of forcible entry' /he rule does not apply if the possessor ma9es no objection# withdraws his •
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objection or ta9es no action whatsoeer after initially objecting to the depriation' Acts executed clandestinely and without the 9nowledge of the possessor 2 which mean that the acts are not public and un9nown to the possessor or owner' Acts merely tolerated 2 which do not refer to all 9inds of o tolerance on the part of the owner or possessor in iew of the use of the word Bmerely’5 it means permission# express or tacit# by irtue of which the acts of possession are performed' Eence# it is simply a %uestion of whether permission was gien or not' 3ossession of another by mere tolerance is not aderse and no matter how long continued# cannot ripen to ownership by prescription' /he mere silence or failure to ta9e any action will not be construed as abandonment of rights on the part of the real possessor' 4t is# of course# for the courts to decide whether there has been an abandonment or not' 3ossession by tolerance is lawful but becomes illegal when# upon demand to acate by the legal owner# the possessor refuses to comply
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with such demand' Art& *.5& Possession as a "act cannot e recognie$ 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 recognie only one as the actual or real possessor' /he exception is proided 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 eidencing his right to support his possession5 and @' 4f all the aboe 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 $ist,re$ therein he shall e #rotecte$ in or restore$ to sai$ #ossession y the means estalishe$ y the laws an$ the R,les o" :o,rt& A #ossessor $e#ri'e$ o" his #ossession thro,gh "orcile entry may within ten $ays "rom the "iling o" the com#laint #resent a motion to sec,re "rom the com#etent co,rt+ in the action "or "orcile entry+ a writ o" #reliminary man$atory in!,nction to restore him in his #ossession& The co,rt shall $eci$e the motion within thirty $ays "rom the "iling thereo"& $ights of eery possessor
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.ery possessor# whether in the concept of owner of in the concept of holder# is gien the following rights8
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$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
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proper writ to restore him in his possession !Art @*"
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/he mere possession of a thing is sufficient to insure respect to the possessor while no other person appears to show and proe a better right' /o all intents and purposes# a possessor een if physically ousted as through force and iolence# is still deemed the legal possessor'
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/he fact# howeer# that a person was neer in prior physical possession of a land is of no moment where he has a /orrens /itle oer the property as prior physical possession is necessary only in forcible entry cases' $easons for protection &' /o aid criminal law !by presering the peace' rder is best secured by protecting a possessor and leaing the true owner to see9 his remedy in a court of law" *' As part of the law of tort !these rights of action are gien 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 eery man whose possession is disturbed the burden of proing a flawless title"
$emedies of persons depried of possession !see discussions in Art @*" &' forcible entry or un lawful detainer *' accion publiciana -' accion reiindicatoria @' replein or manual deliery of personal property •
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4n forcible entry and unlawful detainer cases# subject to some exceptions# the immediate execution of the judgment in faor 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 recoered are those which the plaintiff could hae 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 hae suffered but which hae no direct relation to his loss of material possession'
4ssuance of a writ of preliminary mandatory injunction
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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 friolous 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 deled into# for an ejectment action lies een against the owner of a property'
3rior peaceful possession of plaintiff re%uired in forcible entry action Where a dispute oer possession arises between two persons# the person first haing 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 resole 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 inoled !any pronouncement on ownership is proisional" /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 •
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4f the plaintiff can proe prior possession# he may recoer possession een against the owner himself' 4f he can’t proe prior possession# he has no right of action een if he should be the owner himself' 4n case of controerted right# the law re%uires the parties to presere the status %uo until one or the other of them sees fit to ino9e 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 $/) which do not inole physical orde %acto possession o
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)onditions under which action for forcible entry will lie Wrongful entrance by one not in possession /he trespasser does not hae to institute a state of war' /he o act of going on the property and excluding the lawful possessor therefrom necessarily implies the exertion of force oer the property# and this is all that is necessary' (nder the law# entering upon the premises by strategy or stealth is e%ually as obnoxious as entering by force' /he words 0by force# intimidation# threat# etc1 include eery o situation or condition under which one person can wrongfully enter upon real property to exclude another# who has prior possession therefrom' !6anes case" Wrongful exclusion of prior possessor /he foundation of the action is really the forcible exclusion of o the srcinal possessor by a person who has entered without right'
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Art *49 Only t he #ossession ac6,ire$ 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"
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As e%uitable mortgage )onstructie possession oer the land cannot ripen into ownership as it cannot be said to hae 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 coneys no title' Eoweer# 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>"
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Mere tax declarations of ownership do not est or proe ownership of the property in the declarant nor are een sufficient to sustain a claim for possession oer a land# in the absence of actual possession of the same' /hey are merely an indicum of a claim of ownership =eertheless# 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 persuasie and positieindicia# 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 recoery of possession may prosper# it is indispensable that he who brings t he action fully proes 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
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#res,m#tion that he #ossesses with a !,st title an$ he cannot e olige$ 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 constructie 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 hae a just title# and he cannot be obliged to show or proe it' $eason? /o protect the owner from inconenience# otherwise# o he will always hae to carry his titles under his arms to show them to whoeer who wants to see it =68 3resumption of just title does not apply in ac%uisitie prescription' Aderse possessor must proe his just title'
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6urden of proing just title /he onus probandi is on the plaintiff who see9s the recoery of property A person who is not# in fact# in possession cannot ac%uire a prescriptie 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 aderse as against a new claimant who has neither title nor possession' • •
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What are the different 9inds of title? &' :itulo verdadero y valido or true and alid /his is the title presumed in this proision 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 aderse claimant came into possession of the o property through one of the modes recognied 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 • •
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Cor prescription# just title must be proed# it is neer presumed' 4t must be remembered that the burden of proing the status of a purchaser in good faith lies upon him who asserts that status' 4t is not sufficient to ino9e the ordinary presumption of good faith# that is# that eeryone is presumed to hae 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 beliees to be the owner /he just title re%uired f or ac%uisitie prescription is titulo Colorado :itulo putativo or putatie title ne which a person beliees 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 •
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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 aderse to the cestui 9ue trusti or the other co7owners# the following elements must concur8 &' /hat he has pe rfomrmed une%uiocal acts of rep udiation amounting to an ouster of the beneficiary or the other co7owners *' /hat such positie acts of repudiation hae been made 9nown to the beneficiary or the other co7owners -' /hat the eidence thereon must be clear and conincing !Aguirre )A" Art *4) The #ossession o" real #ro#erty #res,mes that o" mo'ales 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 moables Article <@* refers to material possession only of things# not rights •
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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 moables which are found in an immoable 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'
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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& .xclusie possession of preious co7owner deemed continuous Article <@- spea9s of co7possession of a thing# not of co7ownership =eertheless# its principle is applicable to co7possession of a real right )o7possession can be oer 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 hae possessed exclusiely and continuously during the period of co7 possession the part assigned to him in the diision' /he effects of the diision retroact to the commencement of the co7 possession' 6ut the diision shall be without prejudice to the rights of creditors' • • • •
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Earry# $on# and Eermione hae been co7possessors in the concept of owners of a &< hectare parcel of land until they diided the property e%ually on the th year' 4f on the @th year after the diision# Draco claims ownership of the portion allotted to Earry# Earry can assert title by ac%uisitie prescription through possession for &; years# for he is deemed to hae possessed his portion exclusiely and continuously for a period of &* years' 4nterruption in possession of the thing
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6oth the benefits and the prejudices that might hae 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" )iilly !when the interruption is produced by judicial summons o to the possessor" 4n ciil interruption# only those possessors sered with judicial summons are affected' Cor ciil interruption to ta9e place# the possessor must hae receied judicial summons' When will summons not be deemed to hae been issued and shall not gie 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 absoled from the complaint' A notice for aderse claim does =/ interrupt prescription !Eeirs of Aradon7)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&
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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& •
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/he fruits of a thing generally belong to the owner !Art @@&" but a possessor in good faith is entitled to the f ruits receied until good faith ceases and bad faith begins' :egal interruption of possession in good faith ta9es place upon serice of judicial summons to the possessor' All fruits that the possessor may receie from the time that he o is summoned# or when he answers the complaint# must be deliered or paid by him to the owner or lawful possessor' Wheneer 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 serice 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 aderse claim# good faith ceases' 3ossessor in bad faith is not entitled to t he fruits' Ee has the duty to reimburse the fruits receied including that which the legitimate possessor could hae receied' /he right of the possessor in good faith is limited to the fruits# referring to natural# industrial and ciil fruits !Art @@&"' ther things !building" belong to the owner of the land'
When fruits considered receied &' Cor natural and industrial fruits 2 from the time they are gathered or seered' Cruits gathered before legal interruption belong to the possessor in good faith' *' Cor ciil fruits 2 their accrua l# not their ac tual receipt# shall determine when they are considered receied 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 &' )iil fruits
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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 receied# and fruits which the legal possessor could haeand receied with due care diligence' Must pay damages as reasonable rent for the term of possession' 6ut entitled to necessary expenses for preseration# cultiation# and gathering of fruits'
b' 3ending
wner has * options8 Cirst8 3ro7rating !based on period of possession" between possessor and owner of8 expenses# net harest and charges
=o rights# not een reimbursement of expenses for cultiation !because by right of accession# all fruits belong to owner without need to pay indemnity"
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econd8 /o allow possessor to stay in possession until after all fruits are gathered !which shall sere as the indemnity for expenses"
Must pay damages as reasonable rent for the term of possession
3roportionate diision of fruits and expenses Art <@< does not apply when the possessor is in bad faith# the fruits are ciil# or the fruits are natural or industrial but they hae been gathered or seered when good faith ceases A possessor in bad faith has no right whatsoeer to the fruits# gathered or pending# except only necessary expenses for gathered fruit !Art @@-# @@K"' ince ciil 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' •
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4f there are pending natural and industrial fruits at the time good faith ceases# the two possessors shall share in the expense of cultiation 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 harest 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 diided in proportion to their respectie 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 aboe'
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 emellishe$ the #rinci#al thing i" it s,""ers no in!,ry therey+ 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 therey+ 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
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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
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conenience 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 een 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 proides for the refund of necessary expenses to eery possessor' !)osio 3alileo" •
:uxurious expenses
DeteriorationLloss
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ption &8 to allow possessor to remoe ornaments if the principal suffers no injury
ption &8 to allow possessor to remoe 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 serice of judicial summons# for any cause# een fortuitous eent'
=o liability unless due to fraudulent intent or negligence after serice of judicial summons
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=ecessary expenses are made for the preseration of the thing of those which see9 to preent 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 preseration of a thing nor do they increase its productiity 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 4mproements caused by nature or time Article <<& coers all the natural accessions mentioned in Articles @
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possession thereof by means of occupancy' /he abandoner may be the owner or a mere possessor but the latter obiously cannot abandon ownership which belongs to another' !obviously raw7" ince abandonment inoles the renunciation of a property right# the abandoner must hae a right to the thing possessed and the legal capacity to renounce it' An owner of property cannot be held to hae 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 recoery" is gone and the animus revertendi !intention to return" is finally gien up' 6y oluntary abandonment# a thing becomes without a owner or possessor and is conerted into res nullius and may thus be ac%uired by a third person by occupation' Abandonment which conerts 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 aowed intent of neer returning# resuming or claiming the right and the interest that hae 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' •
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Destruction# total loss# or withdrawal from commerce Destruction or total loss coers 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" •
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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 een for oer a year does not affect possession de %acto' After &; years# the possessor or owner may bring an accion publiciana or reivindicatoria to recoer possession de jure unless he is barred by prescription' •
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$ecoery by lawful owner or possessor 3ossession may also be lost when it is recoered from the person in possession by the lawful owner in a reiindicatory action or by the lawful possessor in an action to recoer the better right of possession' •
Art& **0& The #ossession o" mo'ales is not $eeme$ lost so long as they remain ,n$er the control o" the #ossessor+ e'en tho,gh "or the time eing he may not -now their whereao,ts& H401 :oss of possession of moables /he possession of moables shall be deemed lost when they cease to be under the control of the possessor either becaue8 /hey hae come into the possession of a third person5 or o Although# they hae not been ta9en by another# o /he possessor has completely no idea of their whereabouts or location !the pet rat has been missing for sometime5 or .en if 9nown# they cannot be recoered# whether as a matter of fact !an unopened box of pastillas has been dropped in a deep la9e" or of law !a moable lost by prescription"' 3ossession is not lost by the mere fact that the possessor does not 9now for the time being the precise whereabout of a specific moable when he has not gien up all hope of finding it !li9e a ring misplaced or lost in particular icinity"' 4n this case# the possessor has not lost his legal right to the object' Ee retains his juridical control of the thing which remains in his o patrimony' •
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Art& **2& The #ossession o" immo'ales an$ 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 immoables and real rights with respect to third persons /hird persons are not prejudiced except in accordance with the proisions 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' •
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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 $o s,ch acts+ or rati"ies them s,se6,ently& H40. 3ossessory acts of a mere holder /he possessor referred to in this article is the same possessor mentioned in Article <*<' Acts relating to possession of a mere holder do not bind or prejudice the possessor in the concept of owner unless said acts were preiously authoried or subse%uently ratified by the latter' 3ossession may be ac%uired for another by a stranger proided there be subse%uent ratification' !Art <-*" •
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Art& **7& The #ossession o" mo'ale #ro#erty ac6,ire$ in goo$ "aith is e6,i'alent to a title& Ne'ertheless+ one who has lost any mo'ale 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'ale 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 otain its ret,rn witho,t reim,rsing the #rice #ai$ there"or& H404a $ight of possessor who ac%uires moable claimed by another 4f the possession of a moable property who ac%uired in bad faith# no •
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right thereto is ac%uired by the possessor' /he property may be recoered 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 moable is presumed ownership' 4t is e%uialent to title' /his is 9nown as the doctrine of irrreindicability' =o further proof is necessary' /he possessor’s title# howeer# is not absolute' 4t is e%uialent to o title but is not t itle itself' 4t is merely presumptie because it can be defeated by the true owner' /hese are the two exceptions to the general rule of irreindicability' An owner can recoer in these two instances8 &' When one has lost the moable# or *' When one has been unlawfully depried' Ee may recoer 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 depried# he still cannot recoer in these instances8 &' When the sale is made at merchant’s stores# fairs or mar9ets' *' When the owner of the moable is# by his conduct# precluded from denying the seller’s authority to sell5 -' Where the law enables the apparent owner to dispose of the moables 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 aoided 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 recoery 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 •
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)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 constructie deliery of the thing sold' 4t does not constitute unlawful depriation of personal property' 4t is a mere oidable sale# and unless it is aoided before the execution of the second sale# then the second sale is alid' !.D)A antos" 3urchaser in good faith of a chattel or moable property is entitled to be •
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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 recoery 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 deliery' !Anar 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 recoer it from the pawnshop' !Dion untay"
Art& *09&
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/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 recoery of possession must be according to law 2 through legal means5 otherwise# the benefit of continuous and uninterrupted possession during the interening period cannot be ino9ed'
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 oligation 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 presering 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' $egistering will affect and bind third persons" *' f /emporary duration5 -' /ransmissible5 and @' May be constituted on real or personal property# consumable or non7 consumable# tangible or intangible# the ownership of which is ested in another •
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A person cannot create a usufruct oer his own property and at the same time retain ownership of the same A usufruct is essentially jus in re aliena# and to be a usufructuary of one’s own property is in law a contradiction in terms and a conceptual absurdity /he essential re%uisite of usufruct is the right to enjoy the property of another /he usufructuary is entitled to all the fruits of the property with the obligation to presere its form and substance
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Eoweer# the obligation of the usufructuary to presere is only accidental for the law or the will of the parties may modify or een eliminate it /wo classifications based on whether or not impairment of object is allowed8 &' =ormal# perfect or regular 2 inoles non7consumable things which the usufructuary can enjoy without altering the form or substance# through they may detoriorate or diminish by time or by use *' Abnormal# imperfect# irregular or %uasi7usufruct 2 inoles things which would be useless to the usufructuary unless they are consumed or expended# such as money# grain# li%uors# etc
=atureofright )reator of right rigin
.xtent of enjoyment
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$epairs a nd taxes
(sufruct $eal wner of agent Maybebylaw#by contract# by will of
:ease 3ersonal Maynot be theowner 6y contract
testator# or by prescription All the fruits and all the )ertain uses only uses and benefits of the !those stipulated" entire property !generally" Moreorlesspassie Actie owner or lessor owner who allows the who ma9es the lessee usufructuary to enjoy enjoy the object (sufructuary to pay :essee not g enerally under the obligation to pay taxes or underta9e repairs
Art& *0.& Cs,"r,ct is constit,te$ 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
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Foluntary# or that crea ted by will of the parties !an act inter ios 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& ;TS O3 T;E CSC3RC:TCARY •
Art& *00& The ,s,"r,ct,ary shall e entitle$ to all the nat,ral+ in$,strial
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/he usufructuary is gien the right to enjoy the property in usufruct and
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he is entitled to the fruits' /he usufructuary has the right to receie all the fruits except8 a' where the usufruct is constituted only on a part of the fruits of a thing or b' where there is an agreement to the contrary' /he na9ed owner retains and can exercise all the rights as owner oer the property limited only by the right of enjoyment of the usufructuary' 3roducts which when ta9en from t he property diminishes its substance are not to be treated as fruits' /hey form part of the capital and belong to the na9ed owner# and not to the usufructuary in the absence of a contrary intent between the parties' /he usufructuary is not entitled to any hidden treasure because it’s not considered as Bfruits’' Eoweer# as a stranger# he is entitled to P if he is the finder'
Art& *02& Nat,ral or in$,strial "r,its growing at the time the ,s,"r,ct egins+ elong to the ,s,"r,ct,ary& Those growing at the time the ,s,"r,ct terminates+ elong to the owner& In the #rece$ing cases+ the ,s,"r,ct,ary+ at the eginning o" the ,s,"r,ct+ has no oligation to re",n$ to the owner any e/#enses inc,rre$( ,t the owner shall e olige$ to reim,rse at the termination o" the ,s,"r,ct+ "rom the #rocee$s o" the growing "r,its+ the or$inary e/#enses o" c,lti'ation+ "or see$+ an$ other similar e/#enses inc,rre$ y the ,s,"r,ct,ary& The #ro'isions o" this article shall not #re!,$ice the rights o" thir$ #ersons+ ac6,ire$ either at the eginning or at the termination o" the ,s,"r,ct& H42) $ight of the usufructuary to pending natural and industrial fruits /his article does not apply to ciil fruits' •
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Cor fruits growing at the beginning of usufruct# they belong to the usufructuary who is not bound to refund to the owner the expenses of cultiation and production incurred' Eoweer# in case the expenses were incurred by innocent third o persons# the usufructuary under Art @@-# pursuant to the last paragraph of Art
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owner but he is bound to reimburse the usufructuary the ordinary cultiation expenses out of the fruits receied' Manresa opines that if at the termination of the usufruct# force majeure should preent the usufructuary from gathering the fruits# said fruits shall belong to him and not the na9ed owner'
Art& *05& I" the ,s,"r,ct,ary has lease$ the lan$s or tenements gi'en in ,s,"r,ct+ an$ the ,s,"r,ct sho,l$ e/#ire e"ore the termination o" the lease+ he or his heirs an$ s,ccessors shall recei'e only the #ro#ortionate share o" the rent that m,st e #ai$ y the l essee& H42. Art& *07& :i'il "r,its are $eeme$ to accr,e $aily+ an$ elong to the ,s,"r,ct,ary in #ro#ortion to the time the ,s,"r,ct may last& H424 :ease by the usufrucutary /he usufructuary may lease the property in usufruct to another' 4f the usufrcut should expire before the termination of the lease# the usufructuary or his heirs and successors are entitled only to the rents • •
corresponding to the duration of the usufruct' /he rents for the remaining period of the lease belong to the owner' Art& *29&
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Art& *24&
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Art& *25& The ,s,"r,ct,ary o" an action to reco'er real #ro#erty or a real right+ or any mo'ale #ro#erty+ has the right to ring the action an$ to olige the owner thereo" to gi'e him the a,thority "or this #,r#ose an$
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to ",rnish him whate'er #roo" he may ha'e& I" in conse6,ence o" the en"orcement o" the action he ac6,ires the thing claime$+ the ,s,"r,ct shall e limite$ to the "r,its+ the $ominion remaining with the owner& H450
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(sufruct of judicial action to recoer /his article applies if the purpose of the action is to recoer real property or personal property or real right oer real or personal property /he action may be instituted in the name of the usufructuary !s an agent who institutes the action in the name of the principal" /he usufructuary may oblige the owner to gie him the necessary authority to bring the action 4n case of faorable judgment# the usufruct shall be limited to the fruits# with the na9ed ownership belonging to the owner' With the termination of the case# the usufruct of the action comes to an end' •
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4f the usufructuary wishes to exercise his right of remoal# the owner cannot preent him by offering to reimburse him /he usufructuary’s right to remoe the improements includes the right to destroy them proided no damage is caused to the property /he right to remoe is enforceable only against the owner# but not against a purchaser in good faith to whom a clean title has been issued $ight to remoe the improements should be annotated o on the certificate of title# so that it can be enforced against third parties
)ase doctrines 6y express proision of law# the usufructuaries do not hae the right to reimbursement for improements they may hae introduced on the property' 4f the rule on reimbursement or indemnity were otherwise# then the usufructuary might improe the owner out of his property' !Moralidad 3ernes" •
Art& *27& The ,s,"r,ct,ary may ma-e on the #ro#erty hel$ in ,s,"r,ct s,ch ,se",l im#ro'ements or e/#enses "or mere #leas,re as he may $eem #ro#er+ #ro'i$e$ he $oes not alter its "orm or s,stance( ,t he shall ha'e no right to e i n$emni"ie$ there"or& ;e may+ howe'er+ remo'e s,ch im#ro'ements+ sho,l$ it e #ossile to $o so witho,t $amage to the #ro#erty& H452 What happens when a usufructuary ma9es useful or luxurious expenses? /he usufructuary has the right to ma9e improements# useful or luxurious# as he may deem proper' What are the rules? &' Ee must not alter the form or substance of the property# *' Ee may remoe the improements only if it is possible to do so without damage to the property -' Ee has no right to be indemnified for the improements if he does not exercise his right to remoe o Ee cannot ino9e the rights of a possessor in good faith in the concept of owner @' 4f the improements cannot be remoed without damage# he may set7off the same against any damage caused by him t o the property !Art <;" <' 4f the usufructuary does not wish to exercise his right of remoal# the owner cannot compel him to remoe the improements •
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Art& *59& The ,s,"r,ct,ary may set o"" the im#ro'ements he may ha'e ma$e on the #ro#erty against any $amage to the same& H455 $ight to set7off improements /his article presupposes that the improements hae increased the alue of the property o and the damage to the same was caused t hrough the fault of the o usufructuary' 4f the damage exceeds the alue of the improements# the usufructuary is liable for the difference as indemnity 4f the alue of the improements exceeds the damage# he may remoe the portion of the improements representing the excess in alue if this can be done without injury to the property# otherwise# the excess in alue accrues to the owner' •
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Art& *51& The owner o" #ro#erty the ,s,"r,ct o" which is hel$ y another+ may alienate it+ ,t he cannot alter its "orm or s,stance+ or $o anything thereon which may e #re!,$icial t o the ,s,"r,ct,ary& H457
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$ights and obligations of the na9ed owner /he na9ed owner may alienate the property in usufruct because the title !dominium directum) remains ested in him' Ee may construct wor9s# ma9e improements# or ma9e new plantings on the property in usufruct' /he alienation by the na9ed owner cannot affect the usufruct which is registered or 9nown to the transferee' /he na9ed owner# howeer# cannot8 alter the form or substance of the property# or o do anything thereon which may cause a diminution in the alue o of the usufruct# or be prejudicial to the rights of the usufructuary# o otherwise# he shall be liable for damages' /he na9ed owner must8 $espect leases of rural lands by the usufructuary for the o balance of the agricultural year !Art ATIONS O3 T;E CSC3RC:TCARY Art& *5.& The ,s,"r,ct,ary+ e"ore entering ,#on the en!oyment o" the #ro#erty+ is olige$% H1 To ma-e+ a"ter notice to the owner or his legitimate re#resentati'e+ an in'entory o" all the #ro#erty+ which shall contain an a##raisal o" the mo'ales an$ a $escri#tion o" the con$ition o" the immo'ales( H) To gi'e sec,rity+ in$ing himsel" to ",l"ill the oligations im#ose$ ,#on him in accor$ance with this :ha#ter& H471
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$eimburse him for adances made for extraordinary repairs !Art
)lassifications of obligations of the usufructuary &' /hose be%ore the usufruct begins a' Ma9e an inentory of the property# which shall contain an appraisal of the moables and a description of the immoables b' Gie security *' /hose during the usufruct a' /a9e care of the property !Art <K" b' /o replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on floc9 or herd of liestoc9 !Art
When obligation to ma9e inentory or to gie security excused /he usufructuary may be excused from the obligation in the following cases8 &' Where the na9ed owner renounces or waies his right to the inentory or security *' Where the title con stituting the usufruct reliees the usufructuary from the obligation5 4s fre%uently true in usufructs constituted by a last will and o testament or by a deed of donation in iew of the trust which the testator or donor has in the usufructuary -' Where the usufructuary as9s that he be exempted from the obligation and no one will be injured thereby' /he usufructuary may apply to the courts for relief in case o the na9ed owner refuses to grant the exemption where# for •
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example# the usufruct is oer the right to receie a periodic income or pension Art& *50& Sho,l$ the ,s,"r,ct,ary "ail to gi'e sec,rity in the cases in which he is o,n$ to gi'e it+ the owner may $eman$ that the immo'ales e #lace$ ,n$er a$ministration+ that the mo'ales e sol$+ that the #,lic on$s+ instr,ments o" cre$it #ayale to or$er or to earer e con'erte$ into registere$ certi"icates or $e#osite$ in a anor #,lic instit,tion+ an$ that the ca#ital or s,ms in cash an$ the #rocee$s o" the sale o" the mo'ale #ro#erty e in'este$ in sa"e sec,rities& The interest on the #rocee$s o" the sale o" the mo'ales an$ that on #,lic sec,rities an$ on$s+ an$ the #rocee$s o" the #ro#erty #lace$ ,n$er a$ministration+ shall elong to the ,s,"r,ct,ary& 3,rthermore+ the owner may+ i" he so #re"ers+ ,ntil the ,s,"r,ct,ary gi'es sec,rity or is e/c,se$ "rom so $oing+ retain in his #ossession the #ro#erty in ,s,"r,ct as a$ministrator+ s,!ect to the oligation to $eli'er to the ,s,"r,ct,ary the net #rocee$s thereo"+ a"ter $e$,cting the s,ms which may e agree$ ,#on or !,$icially allowe$ him "or s,ch a$ministration& H474 .ffects of failure to gie security# when re%uired n rights of owners8 Where the obligation to gie security or to file a bond is not excused or exempted# the failure of the usufructuary to comply with the same entitle the na9ed owner for his protection to demand that immoables be placed under administration or o receiership# moables be sold# o instruments of credit be registered or deposited in a ban9 or o public institution capital or sums in cash and the proceeds of the sale of the o moable be inested in safe securities' n rights of usufructuary8 (ntil he gies the proper security# the usufructuary cannot enter upon the possession and enjoyment of the property' Ee may not collect any matured credits nor inest capital in usufruct without the consent of the owner or judicial authoriation' /he failure to gie security does not extinguish the right of usufruct' Eence# the usufructuary may alienate his right to the usufruct /his article only spea9s of security !it would seem that the failure of the usufructuary to ma9e an inentory# when not excused# does not hae
the same effect as when security is not gien'" Art& *52& I" the ,s,"r,ct,ary who has not gi'en sec,rity claims+ y 'irt,e o" a #romise ,n$er oath+ the $eli'ery o" the ",rnit,re necessary "or his ,se+ an$ that he an$ his "amily e allowe$ to li'e in a ho,se incl,$e$ in the ,s,"r,ct+ the co,rt may grant this #etition+ a"ter $,e consi$eration o" the "acts o" the case& The same r,le shall e oser'e$ with res#ect to im#lements+ tools an$ other mo'ale #ro#erty necessary "or an in$,stry or 'ocation in which he is engage$& I" the owner $oes not wish that certain articles e sol$ eca,se o" their artistic worth or eca,se they ha'e a sentimental 'al,e+ he may $eman$ their $eli'ery to him ,#on his gi'ing sec,rity "or the #ayment o" the legal interest on their a##raise$ 'al,e& H47* worn underta9ing in lieu of security !caucion juratoria" /his article applies when the usufructuary who is under obligation to gie security cannot afford to do so and no one is willing to gie security •
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for them Cor humanitarian considerations# the court may allow the usufructuary to enjoy the property upon ta9ing an oath to ta9e care of the property and retain it until the termination of the usufruct in lieu of giing the security /he usufructuary must first as9 the na9ed owner to grant him the rights mentioned# and should the latter refuse# he may resort to the courts Articles with artistic or sentimental alue may not be sold' /he owner may demand their deliery to him if he gies security to the usufructuary for the payment of t he legal interest on their appraised alue'
Art& *55& A"ter the sec,rity has een gi'en y the ,s,"r,ct,ary+ he shall ha'e a right to all the #rocee$s an$ ene"its "rom the $ay on which+ in accor$ance with the title constit,ting the ,s,"r,ct+ he sho,l$ ha'e commence$ to recei'e them& H470 $etroactie effect of giing security /his article applies where the usufructuary who is re%uired to gie security gies the security after the commencement of the usufruct Cailure to gie the needed security may deprie the usufructuary of the right to enjoy the possession of the property in usufruct •
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Eoweer# once the security is gie# he is entitled to all the proceeds and benefits of the usufruct accruing from the day on which he should hae commenced to receie them# from the day the usufruct commenced according to its title'
Sho,l$ the ,s,"r,ct e on sterile animals+ it shall e consi$ere$+ with res#ect to its e""ects+ as tho,gh constit,te$ on ",ngile things& H477a (sufruct on a floc9 or herd of liestoc9 /he usufructuary has the duty to ma9e replacement although the death of the animals is due to natural causes' 6ut the replacement is to be made only from the young produced so that if there are no young or the number of the young is less than that of the animals that died# the usufructuary has no duty to replace or to fill up the difference' =o duty to replace proided the usufructuary is without fault !*nd and -rd paragraphs"' .en if the partial loss is due to the fault of the usufructuary# the usufruct continues with the remainder' 6ad use does not extinguish the usufruct !Art H;-"# but the owner may bring the necessary action for the protection of his rights' 4f the animals are sterile# and they cannot be replaced by the young thereof# the usufruct shall be treated as constituted on fungible things' 4n such case Art
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Art& *7)& The ,s,"r,ct,ary is olige$ to ma-e the or$inary re#airs nee$e$ y the thing gi'en in ,s,"r,ct& =y or$inary re#airs are ,n$erstoo$ s,ch as are re6,ire$ y the wear an$ tear $,e to the nat,ral ,se o" the thing an$ are in$is#ensale "or its #reser'ation& Sho,l$ the ,s,"r,ct,ary "ail to ma-e them a"ter $eman$ y the owner+ the latter may ma-e them at the e/#ense o" the ,s,"r,ct,ary& H*99 bligation to ma9e ordinary repairs /he usufructuary is bound to ma9e the repairs referred to without the necessity of demand from the owner /he owner may ma9e them at the expense of the usufructuary# o only should the latter fail to ma9e t hem after demand has been made upon him' o /he defects re%uiring ordinary repairs must hae occurred during the usufruct# whether with or without the fault of the usufructuary' /he usufructuary is not liable for deterioration resulting from wear and tear not due to his fraud or negligence# unless the deterioration could hae been preented or arrested by ordinary repairs and he f ailed to ma9e them without alid reason' •
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Art& *7.& E/traor$inary re#airs shall e at the e/#ense o" the owner& The ,s,"r,ct,ary is olige$ to noti"y the owner when the nee$ "or s,ch re#airs is ,rgent& H*91 Art& *74& I" the owner sho,l$ ma-e the e/traor$inary re#airs+ he shall ha'e a right to $eman$ o" the ,s,"r,ct,ary the legal interest on the amo,nt e/#en$e$ "or the time that the ,s,"r,ct lasts& Sho,l$ he not ma-e them when they are in$is#ensale "or the #reser'ation o" the thing+ the ,s,"r,ct,ary may ma-e them( ,t he shall ha'e a right to $eman$ o" the owner+ at the termination o" the ,s,"r,ct+ the increase in 'al,e which the immo'ale may ha'e ac6,ire$ y reason o" the re#airs& H*9)a Duty of owner to pay f or extraordinary repairs :aw does not impose an obligation on the na9ed owner or the usufructuary to ma9e extraordinary repairs on the property in usufruct' 4t is optional for them to ma9e sure repairs or not' 3ayment for extraordinary repairs8 /hose re%uired by the wear and tear due to the natural use of o •
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the thing but not indispensable for its preseration $ those re%uired by the deterioration of or damage the thing caused by the exceptional circumstances but not indispensable for its preseration8 /he owner cannot be compelled to ma9e them' 4f he should ma9e them# they shall be at his expense since they are made on his property but he shall a right to demand of the usufructuary who is benefited by the repairs# legal interest on the amount expended during the duration of the usufruct' /he usufructuary may ma9e them but he is not entitled to indemnity because they are not needed for the preseration of the thing' /hose re%uired by the deterioration of or damage to the thing caused by exceptional circumstances and are indispensable for its preseration8 4t is also optional upon the owner or the usufructuary to ma9e the repairs or not' 4f the owner should ma9e the repairs# they shall be at his expense' 4f made by the usufructuary# he shall hae the right to demand of the owner the payment of the increase in alue of the immoable by reason of the repairs at the termination of the usufruct proided the following are
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present8 Ee notified the owner of the urgency of the repairs /he owner failed to ma9e the repairs /he repair is necessary for the preseration of the property /he usufructuary has the right of retention een after the termination of the usufruct until he is reimbursed for the increase in alue of the property caused by extraordinary repairs for preseration !Art H&*" 4ncrease in alue is the difference between the alue of the o property before the repairs were made and the alue after the repairs were completed •
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Art& *7*& The owner may constr,ct any wor-s an$ ma-e any im#ro'ements o" which the immo'ale in ,s,"r,ct is s,sce#tile+ or ma-e new #lantings thereon i" it e r,ral+ #ro'i$e$ that s,ch acts $o not ca,se a $imin,tion in the 'al,e o" the ,s,"r,ct or #re!,$ice the right o" the ,s,"r,ct,ary& H*9. )onstruction# improements and plantings by owner /he owner has the right to do the wor9s mentioned proided the alue of the usufruct is not prejudiced Any increase in the alue of the usufruct due to the improements will inure to the benefit of the usufructuary for he is entitled to the use and fruits of the property /he owner has no right to demand legal interest on his expenses because they were oluntarily incurred by him /he owner may een alienate his property or ma9e changes thereon as long as he doesn’t impair the right of the usufructuary' •
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)ase doctrine 4n a case where the usufruct was oer the land# and the owner built buildings on the land# and the usufructuary was demanding the rents of the buildings as part of the usufruct# the )ourt held that the usufructuary was not entitled to the rents of the building' /he usufructuary’s argument that Article
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na9ed owner but the usufructuary has the right to use and inest them# and to receie the interest therefrom' 4n eery case# the inestment of the capital must be with sufficient security to presere its integrity
Art& 099& The ,s,"r,ct,ary o" a mortgage$ immo'ale shall not e olige$ to #ay the $et "or the sec,rity o" which the mortgage was constit,te$& Sho,l$ the immo'ale e attache$ or sol$ !,$icially "or the #ayment o" the $et+ the owner shall e liale to the ,s,"r,ct,ary "or whate'er the latter may lose y reason thereo"& H*97 (sufruct of mortgaged immoables /he usufruct is particular# constituted by will or by acts inter ios# whether by onerous or gratuitous title 4f the usufruct is uniersal# the liability of the usufructuary to pay for the mortgage is goerned by Art CIS;MENT O3 CSC3RC:T
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/he debt must be paid by the owner' /he usufructuary may mortgage his right of usufruct which is a real right
Art& 091& The ,s,"r,ct,ary shall e olige$ to noti"y the owner o" any act o" a thir$ #erson+ o" which he may ha'e -nowle$ge+ that may e #re!,$icial to the rights o" ownershi#+ an$ he shall e liale sho,l$ he not $o so+ "or $amages+ as i" they ha$ een ca,se$ thro,gh his own "a,lt& H*11 bligation to notify owner of prejudicial acts by third persons Art H;& spea9s of any act which may be prejudicial to the Brights of ownership’# not merely of the Bna9ed ownership’ A usufructuary has the duty to protect the owner’s interest Eoweer# where the act affects possession# although this is in the usufructuary# he should notify the owner because the latter has an interest in defending it' /he usufructuary is also obliged to notify the owner before ma9ing an inentory of the property and of the need of urgent repairs' •
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)ase doctrine A usufructuary has the duty to protect the owner’s interests 2 a usufruct gies a right to enjoy the property of another with the obligation of •
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Art& 09.& Cs,"r,ct is e/ting,ishe$% H1 =y the $eath o" the ,s,"r,ct,ary+ ,nless a contrary intention clearly a##ears( H) =y the e/#iration o" the #erio$ "or which it was constit,te$+ or y the ",l"illment o" any resol,tory con$ition #ro'i$e$ in the title creating the ,s,"r,ct( H. =y merger o" the ,s,"r,ct an$ ownershi# in the same #erson( H4 =y ren,nciation o" the ,s,"r,ct,ary( H* =y the total loss o" the thing in ,s,"r,ct( H0 =y the termination o" the right o" the #erson constit,ting the ,s,"r,ct( H2 =y #rescri#tion& H*1.a Eow is a usufruct extinguished? &' Death of the usufruc tuary !unless contrary intention clearly appears" *' .xpiration of period or fulfillment of condition -' 6y merger of the usufruct and ownership in the same person @' 6y renunciation of the usu fructuary <' 6y the total loss of the thing H' /ermination of right of owner !refers to the right of the person constituting the usufruct# not to a condition imposed upon the usufruct itself" I' 6y prescription !ac%uisitie prescription by the use of a third pe rson# not the use by the usufructuary"
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ther causes !annulment or rescission of the contract"
)ase doctrines Although the owner expressly authoried the usufructuaries to occupy a portion of her property 0as long as they li9e1# the usufruct may be considered terminated by other modes or instances of extinguishment# such as the fulfillment of any resolutory condition proided in the document creating the usufruct' !Moralidad pouses 3erne" /he -;7year limitation on usufruct under the ld panish )iil )ode does not apply to trusts' !3alad Goernor of ,ueon 3roince" •
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Art& 094& I" the thing gi'en in ,s,"r,ct sho,l$ e lost only in #art+ the right shall contin,e on the remaining #art& H*14
Art& 092& I" the ,s,"r,ct is constit,te$ on immo'ale #ro#erty o" which a ,il$ing "orms #art+ an$ the latter sho,l$ e $estroye$ in any manner whatsoe'er+ the ,s,"r,ct,ary shall ha'e a right to ma-e ,se o" the lan$ an$ the materials& The same r,le shall e a##lie$ i" the ,s,"r,ct is constit,te$ on a ,il$ing only an$ the same sho,l$ e $estroye$& =,t in s,ch a case+ i" the owner sho,l$ wish to constr,ct another ,il$ing+ he shall ha'e a right to occ,#y the lan$ an$ to ma-e ,se o" the materials+ eing olige$ to #ay to the ,s,"r,ct,ary+ $,ring the contin,ance o" the ,s,"r,ct+ the interest ,#on the s,m e6,i'alent to the 'al,e o" the l an$ an$ o" the materials& H*12 Where usufruct of land and building# and building destroyed /he destruction of the building terminates the usufruct on the building but no the usufruct on the land /he usufructuary is still entitled to use the land and in place of the building# the materials thereof' !3artial loss" /he usufructuary can insist on the use of the land and the materials for •
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/o extinguish a usufruct# the loss must be total# except as proided in Art H;I to H;K 4f the loss in only partial# the usufruct continues with the remaining part' 6ut if the partial loss may be so important as to be considered total loss#
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the courts shall determine' Art& 09*& Cs,"r,ct cannot e constit,te$ in "a'or o" a town+ cor#oration+ or association "or more than "i"ty years& I" it has een constit,te$+ an$ e"ore the e/#iration o" s,ch #erio$ the town is aan$one$+ or the cor#oration or association is $issol'e$+ the ,s,"r,ct shall e e/ting,ishe$ y reason thereo"& H*1*a •
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/he ordinary life of a corporation is <; years' (nli9e a natural person# a corporation or association may be extended indefinitely' 3ublic policy frowns upon perpetual usufruct' /he fifty7year limitation does not apply to trusts'
Art& 090& A ,s,"r,ct grante$ "or the time that may ela#se e"ore a thir$ #erson attains a certain age+ shall s,sist "or the n,mer o" years s#eci"ie$+ e'en i" the thir$ #erson sho,l$ $ie e"ore the #erio$ e/#ires+ ,nless s,ch ,s,"r,ct has een e/#ressly grante$ only i n consi$eration o" the e/istence o" s,ch #erson& H*10 •
.xception here is when the usufruct has been expressly granted only in consideration of the existence of the third person
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the remainder of the term of the usufruct as the right is granted him by law as against the wish of the owner to construct another building' While the usufruct on a building does not expressly include the land on which it is constructed# the land should be deemed included# for while there can be land without a building# there can be no building without land' /he na9ed owner shall pay legal interest on insurance receied if it has not been used in the construction of another building during the whole period of the usufruct' 6ut he may# if he desires# reliee himself of this encumbrance by turning oer the money to the usufructuary so that he may use it subject to the obligation to return the amount to the na9ed owner after his death as proided in article H&*'
Where usufruct on building only and it is destroyed ame rule applies although the usufruct does not coer the land for the simple reason that the use of t he building necessarily inoles the use of the land 6ut# the owner is gien the preferential right to construct another building# occupy the land and ma9e use of the material een against the objection of the usufructuary /he only right of the usufructuary is to receie during the continuance of the usufruct# legal interest on the alue of the land of the materials' •
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)ase doctrines A life usufruct constituted on the rentals of the%incas situadas located at a certain place includes the rentals both on the building and the land on which it is erected# because the building can not exist without the land' Eence# the usufruct is not extinguished by the destruction of the building# for under the law usufruct is extinguished only by the total loss of the thing subject of the encumbrance' !Fda de Albar )arandang"
sec,rity "or the #ayment o" the interest& H*17
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Art& 095& I" the ,s,"r,ct,ary shares with the owner the ins,rance o" the tenement gi'en in ,s,"r,ct+ the "ormer shall+ in case o" loss+ contin,e in the en!oyment o" the new ,il$ing+ sho,l$ one e constr,cte$+ or shall recei'e the interest on the ins,rance in$emnity i" the owner $oes not wish to re,il$& Sho,l$ the ,s,"r,ct,ary ha'e re",se$ to contri,te to the ins,rance+ the owner ins,ring the tenement alone+ the latter shall recei'e the ",ll amo,nt o" the ins,rance in$emnity in case o" loss+ sa'ing always the right grante$ to the ,s,"r,ct,ary in the #rece$ing article& H*15a 3ayment of cost of insurance =either the owners nor the usufructuary is under obligation to insure the property in usufruct' hould they do so# and 2 /he usufructuary shares with the owner in insuring the o property# the usufructuary shall continue to enjoy the new building to be constructed# or if the owner does not wish to rebuild# the usufructuary shall receie the legal interest on the insurance proceeds which will go to the owner' /he usufructuary refuses to contribute to the insurance# and so o the owner pays it alone# the owner gets the full insurance indemnity in case of loss# the right of the usufructuary being limited to the legal interest on the alue of the land and of the materials' /he article is silent where the usufructuary alone pays the insurance# or where both share in the payment thereof# as to the proportion of their contribution to the insurance'
Art& 019& A ,s,"r,ct is not e/ting,ishe$ y a$ ,se o" the thing in ,s,"r,ct( ,t i" the a,se sho,l$ ca,se consi$erale in!,ry to the owner+ the latter may $eman$ that the thing e $eli'ere$ to him+ in$ing himsel" to #ay ann,ally to the ,s,"r,ct,ary the net #rocee$s o" the same+ a"ter $e$,cting the e/#enses an$ the com#ensation which may e allowe$ him "or its a$ministration& H*)9 .xpropriation of thing in usufruct /he expropriation of the thing does not extinguish the usufruct' Article H;K allows the substitution of the thing by an e%uialent thing' 4f the thing in usufruct is expropriated for public use# the na9ed owner is gien the option8 to replace it with another thing of the same alue and of o similar conditions# or o to pay to the usufructuary the legal interest on the amount of indemnity for the whole period of the usufruct' • • •
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Art& 097& Sho,l$ the thing in ,s,"r,ct e e/#ro#riate$ "or #,lic ,se+ the owner shall e olige$ either to re#lace it with another thing o" the same 'al,e an$ o" similar con$itions+ or to #ay the ,s,"r,ct,ary the legal interest on the amo,nt o" the in$emnity "or t he whole #erio$ o" the ,s,"r,ct& I" the owner chooses the latter alternati'e+ he shall gi'e
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4n the latter case# the owner shall gie security for the payment of the interest'
.ffect of bad use 6ad use of the thing in usufruct does not extinguish the right of t he usufructuary whether there is security or not' /he usufruct continues' 6ut if the bad use causes considerable injury to the owner# not to the thing itself# the owner is gien the right to demand that the thing be deliered to him# binding himself to pay annually to the usufructuary the net proceeds of the same# after deducting the expenses and the compensation which may be allowed him for its administration' /his is true where the usufructuary has not gien any security or the security gien is insufficient especially if the owner has no property' /he second part of the proision can hardly apply where there is sufficient security for 0no considerable injury1 could possible be caused to the owner' •
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Art& 011& A ,s,"r,ct constit,te$ in "a'or o" se'eral #ersons li'ing at the time o" its constit,tion shall not e e/ting,ishe$ ,ntil $eath o" the last s,r'i'or& H*)1 (sufruct in faor of seeral persons
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(sufruct is extinguished by the death of the usufructuary unless a contrary intention appears' /he usufruct is not extinguished until the death of the last surior' As the usufruct continues# the rights of any usufructuary who dies shall accrue to the suriing usufructuaries' /he only exception is when the title constituting the usufruct o proides otherwise as where the usufruct is constituted in a list and will and testament and the testator ma9es a contrary proision'
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Art& 01)& C#on the termination o" the ,s,"r,ct+ the thing in ,s,"r,ct shall e $eli'ere$ to the owner+ witho,t #re!,$ice to the right o" retention #ertaining to the ,s,"r,ct,ary or his heirs "or ta/es an$ e/traor$inary e/#enses which sho,l$ e reim,rse$& A"ter the $eli'ery has een ma$e+ the sec,rity or mortgage shall e cancelle$& H*))a bligation of usufructuary to return the thing upon termination of the usufruct (pon the termination of the usufruct# it is the duty of t he usufructuary to •
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return the property to the na9ed owner' /he usufructuary is expressly granted the right of retention until he is reimbursed for the amount of taxes leied on the capital and for the increase in alue caused by extraordinary repairs' Ee has no right to r eimbursement for useful improements'
TITLE VII EASEMENTS OR SERVITC8ES :;APTER ONE EASEMENTS IN >ENERAL .)/4= =. 2 D4CC.$.=/ N4=D C .A.M.=/ Art& 01.& An easement or ser'it,$e is an enc,mrance im#ose$ ,#on an immo'ale "or the ene"it o" another immo'ale elonging to a $i""erent owner& The immo'ale in "a'or o" which the easement is estalishe$ is calle$ the $ominant estate( that which is s,!ect thereto+ the ser'ient estate& H*.9 .asement or seritude defined
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.asement or seritude has been defined as a 0real right constituted on another’s property# corporeal and immoable# by irtue of which the owner of the same has to abstain from doing or to allow somebody else to do something on his property for the benefit of another thing or person'1 /he definition in this article is not complete# being limited to real easement' 4n iew of the next article which refers to personal easement# the term may be defined as an encumbrance imposed upon an immoable for the benefit of another immoable belonging to a different owner or for the benefit of a community or one or more persons to whom t he encumbered estate does not belong by irtue of which the owner is obliged to abstain from doing or to permit a certain thing to be done on his estate !whew'"
.asement and seritude distinguished &' 4t is said that easement refers to the right enjoyed by one# and seritude# the burden imposed upon another' *'
/he two terms are used synonymously in the )iil )ode although it is more partial to easement'
)haracteristics of easement &' 4t is a real rig ht but will affect third persons only when duly registered5 *' 4t is enjoyed oer another immoable# neer on one’s own property5 -' 4t inoles two neighboring estates# the dominant to which a ri ght belongs and the serient upon which an obligation rests5 @' 4t is inseparable from the estate to which it is attached and# therefore# cannot be alienated independently of the estate !Art H&I" <' 4t is indiisible for it is n ot affected by the diision of the estate between two or more persons !Art H&" H' 4t is a right li mited by the needs of the dominant owner or estate# without possession5 I' 4t cannot consist in the doing of an act unl ess the act is accessory in relation to a real easement5 and ' 4t is a limitation on the serient owner’s rights of ownership for the benefit of the dominant owner5 and therefore# it is not presumed' •
.asement gies the holder an incorporeal right on the land but grants no title thereto' /herefore# an ac9nowledgment of the easement is an admission that the property belongs to another'
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.asement established only on immoable .asements cannot be imposed on personal property but only on immoable !which must be understood in its common and not in its legal sense"' What the law treats of are not immoables as defined by the )iil )ode but only those which are so by their nature !are really incapable of being moed" such as lands# roads# buildings# and constructions adhering to the soil' •
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=ature of benefit to dominant estate .asement can exist only when the serient and dominant estates belong to different owners' /here can be no easement without a burden on an estate for the benefit of another immoable belonging to a different owner or of a person or group of persons' /he dominant estate cannot be the serient estate at t he same time' 4t is not essential that the benefit be ery great# it being sufficient that there is a determinate use or utility in faor of a dominant estate oer an estate belonging to another' /he important thing is that it exists and can be exercised' n the other hand# the benefit should not be so great as to be inconsistent with the general right of ownership of a person# amounting to a ta9ing of his property' •
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immoable ormoable =ot extinguished by the death of the As a rule# extinguished by the death dominant owner of the usufructuary 6oth usufruct and easement are real rights# whether registered or not# and are transmissible' •
)ase doctrines /he power of eminent omain encompasses not only the ta9ing of title to and possession of the expropriated property but li9ewise coers een the imposition of a mere burden upon the owner of the condemned property' Where the nature of the easement practically depries the owners of the property’s normal beneficial use# notwithstanding the fact that the expropriator only occupies the sub7terrain portion# it is liable to pay not merely an easement fee but rather the full compensation for land' !=3) 4brahim" •
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.asement $eal right# whether registered or not# and whether it is real or personal 4mposed only on real property :imited right to the use of real property of another but without the right of possession !0without any exclusie possession or occupation1" .asement 4mposed only on real property :imited to a particular or specific use of the serient estate =on7possessory right oer an
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:ease $eal right only when it is registered# or when its subject is real property and the duration exceeds one year May inole real or personal property :imited right to both the possession and use of another’s property !0exclusie possession1"
(sufruct May inole real or personal property 4ncludes all the uses and fruits of t he property $ight of possession in an immoable
Art& 014& Ser'it,$es may also e estalishe$ "or the ene"it o" a comm,nity+ or o" one or more #ersons to whom the enc,mere$ estate $oes not elong& H*.1 )lassifications of easement &' As to recipient of benefit a' $eal 2 when the easement is in faor of another immoable !Art H&-"5 or b' 3ersonal 2 when it is in faor of a community or of one more persons !Art H&@"' /hus# it maybe public or priate' *' As to its source a' Foluntary 2 when the easement is established by the will or agreement of the parties or by a testator !Art H&K"5 b' :egal 2 when it is imposed by law either for public use or in the interest of priate persons !Art H-I7HI"5 or c' Mixed 2 when it is created partly by will or agreement and partly by law' -' As to its exercise a' )ontinuous 2 see Article H&<5 or b' Discontinuous @' As to whether or not its existence is indicated a' Apparent5 or b' =on7apparent <' As to the duty of serient owner a' 3ositie 2 see Article H&H5 or
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b'
negatie
$eal and personal seritudes A seritude may be established for the benefit8 &' of a particular estate and conse%uently# for its o wner5 !real or predial" *' of a person or group of persons without being the owner or owners of a dominant estate' !personal" (nli9e a real easement# personal easement does not re%uire two immoables' An example of a personal easement is a right of way granted to certain persons and their family# friends# serants# and jeeps' /he seritude is for the benefit alone of the persons enumerated and not a predial seritude that inures to the benefit of whoeer owns the dominant estate' Eence# the owner of the serient estate may refuse to extend the said easement to the successors7in7interest of the persons for whose benefit the seritude exists' !abonete Monteerde"
in$ication o" their e/istence& H*.)
)ase doctrines When a person is allowed to construct his house on the land of another to facilitate his gathering of fruits# this would be in the nature of a personal easement under Article H&@' !Alcantara $eta"
)ontinuous and discontinuous easements Cor an easement to be continuous# it is not necessary that the use be incessant5 it is sufficient that the use may be so' .xamples are the right to support a beam on another’s wall o which really exists continuously and the right of a%ueduct which may be used only on certain days depending on the need for water but which is continuous since its use does not depend upon the interention of man' An example of discontinuous seritude is the right of way which is used at interals because it is physically impossible that man shall continually poass oer the way' /he easement itself# whether continuous or discontinuous# exists continuously whether it is being used or not# but its exercise may be continuous or discontinuous# or there may be no exercise at all' /he distinction lies in the fact that in continuous easements# the exercise or enjoyment can be had without the interention of man while in discontinuous easements# such exercise or enjoyment re%uires the interention of man' 4n both easements# the benefit and burden exists from the moment the easements are created' )ase doctrine .asements are either continuous or discontinuous according to the manner they are exercisd# not according to the presence of apparent signs or physical indications of the existence of such easements' /hus# an easement is continuous if its use is# or may be# incessant without the interention of any act of man# li9e the easement of drainage5 and it is discontinuous if it is used at interals and depends on the act of man# li9e the easement of right of way' !6ogo7Medellin )A"
Art& 01*& Easements may e contin,o,s or $iscontin,o,s+ a##arent or nona##arent& :ontin,o,s easements are those the ,se o" which is or may e incessant+ witho,t the inter'ention o" any act o" man& 8iscontin,o,s easements are those which are ,se$ at inter'als an$ $e#en$ ,#on the acts o" man& A##arent easements are those which are ma$e -nown an$ are contin,ally -e#t in 'iew y e/ternal signs that re'eal the ,se an$ en!oyment o" the same& Nona##arent easements are those which show no e/ternal
Apparent and non7apparent easements Cor an apparent easement# it is not necessary that its sign be seen5 it is sufficient if it may be seen or 9nown on inspection' /he sign or signs may be encountered in the dominant or o serient estate# according to t he circumstances' An example of a non7apparent easement is a right of way when there is no indication of its existence' A right of way is apparent when there is a isible road or path to show its exercise'
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3ersonal easements may be8 &' 3ublic# if it is ested in the public at large or in some class of indeterminate indiiduals !li9e the right of t he public to a highway oer a land of priate ownership" *' 3riate# if it is e sted in a determinate indiidual or certain persons !li9e a right of way ested in the owner of one parcel of land oer an adjoining parcel of land"
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4n general# negatie easements are non7apparent'
Art& 010& Easements are also #ositi'e or negati'e& A #ositi'e easement is one which im#oses ,#on the owner o" the ser'ient estate the oligation o" allowing something to e $one or o" $oing it himsel"+ an$ a negati'e easement+ that which #rohiits the owner o" the ser'ient estate "rom $oing something which he co,l$ law",lly $o i" the easement $i$ not e/ist& H*.. 3ositie and negatie easements A positie easement is one which imposes upon the owner of the serient estate the obligation of allowing something to be done or of doing it himself' .xample8 the easement of which the right of way which o imposes upon the owner of the serient estate the duty to allow the use of said way' A negatie easement is that which prohibits the owner of the serient estate from doing something which he could lawfully do if the easement
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restraint of trade' 4f the coenant aims to promote aesthetics# health# and priacy or to preent oercrowding# then the coenant must be sustained' A suit for e%uitable enforcement of a restrictie coenant can only be made by one for whose benefit it is intended' 4t is thus not normally enforceable by one who has no right nor interest in the land for the benefit of which the restriction has been imposed' /hus# deeloper of a subdiision can enforce restrictions# een as against remote grantees of lots# only if he retains part of the land' !Cajardo Creedom"
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did not exist' .xample8 easement of light and iew whereby the owner of the o serient estate is prohibited from obstructing the passage of light' 4t may also be positie depending upon the manner by which it is exercised' When the opening or window is made on another’s wall !wall of serient estate" or on a party wall# the easement ac%uired is positie because the owner of the wall allows the seritude to burden his wall' 4f the window is through one’s own wall !wall of the dominant estate" which does not extend oer another’s property !serient estate"# the easement is negatie'
)ase doctrines $estrictie coenants are not# strictly spea9ing synonymous with easements# but a case of seritudes or burdens# sometimes characteried to be negatie easements or reciprocal negatie easements' =egatie easement is the most common easement created by coenant or agreement whose effect is to preclude the owner of the land from doing an act# which# if no easement existed# he would be entitled to do' !Cajardo Creedom to 6uild" )ourts generally iew restrictie coenants with disfaor# but still sustain them where the coenants are reasonable# not contrary to law# or not in
Art& 012& Easements are inse#arale "rom the estate to which they acti'ely or #assi'ely elong& H*.4 ,uality of inherence or inseparability eritudes are inseparable from the estate to which they actiely or passiely belong# being accessory things whose ery existence depends upon the principal thing !immoable"' •
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Eence# they are intransmissible in the sense that they cannot be alienated or mortgaged independently of the estate' An easement cannot be the object of usufruct because it has no existence independent of the immoable to which it attaches' 4f the dominant estate is alienated# such alienation carries with it also the easements established in its faor een if they are not annotated as an encumbrance on the certificate of title' An easement is extinguished or cut7off# howeer# by the registration of the serient estate under the /orrens system without the easement being annotated on the corresponding certificate of title' A registered owner or subse%uent purchaser of registered land holds his certificate of title free from all encumbrances except only those noted in said certificate and the statutory liens' 6ut if the existence of an easement was 9nown to the o transferee or grantee of the serient estate# such 9nowledge is e%uialent to registration'
)ase doctrines A endee on real property on which a seritude or an easement of right of way exists does not ac%uire the right to close that seritude to preent the neighboring estates from using it' !olid Manila 6io Eong" •
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Art& 015& Easements are in$i'isile& I" the ser'ient estate i s $i'i$e$ etween two or more #ersons+ the easement is not mo$i"ie$+ an$ each o" them m,st ear it on the #art which corres#on$s to him& I" it is the $ominant estate that is $i'i$e$ etween two or more #ersons+ each o" them may ,se the easement in its entirety+ witho,t changing the #lace o" its ,se+ or ma-ing it more ,r$ensome in any other way& H*.* ,uality of indiisibility .asement as a right is indiisible' Accordingly# the partition between two or more persons of either the serient or dominant estate does not affect the existence of the seritude which continues in its entirety' 4f the serient estate is diided# each new owner must bear the easement but only with respect to the part corresponding to him' 4f the dominant estate is diided# each owner can exercise the whole easement oer each of the serient estates subject to the condition that the place of easement shall not be changed and the easement shall not • •
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be more burdensome' A person entitled to a right of way may do whateer is o necessary to ma9e it conenient for his use but he cannot deiate therefrom' /he easement is not considered made more burdensome by the mere increase in the owners of the dominant estates'
Art& 0)9& :ontin,o,s an$ a##arent easements are ac6,ire$ either y 'irt,e o" a title or y #rescri#tion o" ten years& H*.2a Modes of ac%uiring easements &' 6y title' All easements' a' )ontinuous and apparent easements !Art H*;" b' )ontinuous and non7apparent easements !Art H**" c' Discontinuous easements# whether apparent or non7 apparent *' 6y prescription of ten years 2 only continuous and apparent easements -' 6y deed of recognition !Art H*-" @' 6y final judgment <' 6y apparent sign established by the ow ner of two adjo ining estates !Art H*@" Ac%uisition by title or prescription nly continuous and apparent easements may be ac%uired either by •
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Art& 017& Easements are estalishe$ either y law or y the will o" the owners& The "ormer are calle$ legal an$ the latter 'ol,ntary easements& H*.0
irtue ofitarefers title ort obythe prescription in which &; years' 6y title# juridical act gies birth to the easement# such as law# donation# contract and will of the testator' /his article fixes ten years as the period of prescription# regardless of good faith or bad faith of the possessor and whether or not he has just title' /he general rules on prescription do not apply# the only re%uirement being that there be aderse possession of the easement for ten years'
)ase doctrines 3rescription as a mode of ac%uisition re%uires the existence of the following8 *' )apacity to ac %uire by pre scription -' /hing capable of ac%uisition by prescription @' 3ossession of the thing under certain conditions (nder claim of title !en concepto de dueno" 3ossession not merely tolerated by owner <' :apse of time proided by law !=ational 3ower )orp )ampos" •
:egal and oluntary easements /his article gies the two 9inds of easements according to source' /he courts cannot impose or constitute any seritude where none existed' /hey can only declare its existence if in reality it exists by law or by the will of the owners' /here are no judicial easements' Foluntary easements must be recorded in the $egistry of 3roperty in order not to prejudice third persons' • •
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Art& 0)1& In or$er to ac6,ire y #rescri#tion the easements re"erre$ to in the #rece$ing article+ the time o" #ossession shall e com#,te$
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th,s% in #ositi'e easements+ "rom the $ay on which the owner o" the $ominant estate+ or the #erson who may ha'e ma$e ,se o" the easement+ commence$ to e/ercise it ,#on the ser'ient estate( an$ in negati'e easements+ "rom the $ay on which the owner o" the $ominant estate "ora$e+ y an instr,ment ac-nowle$ge$ e"ore a notary #,lic+ the owner o" the ser'ient estate+ "rom e/ec,ting an act which wo,l$ e law",l witho,t the easement& H*.5a )omputation of the prescriptie period 4f the easement is positie# the period is counted from the day on which the owner of the dominant estate began to exercise it Crom the day a window was built in a party wall o 4f the easement is negatie# from the day on which a notarial prohibition was made on the serient estate (nder article H**# non7apparent easements may not be ac%uired by prescription' =egatie easements are essentially non7apparent' Eoweer# article H*& proides the prescriptie period for negatie easements' /he notarial prohibition may be ta9en as ma9ing the •
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easement apparent# and therefore# prescriptible' )omputation in case of easement of light and iew 4f made on one’s own wall and the wall does not extend oer the property of another# the easement is negatie because the owner is merely exercising his inherent right of dominion and not an easement' /he serient owner cannot close it up5 otherwise he will be o liable for trespass' 6ut the negatie easement is not automatically ested' /he o owner must ma9e the prohibition re%uired upon the proprietor of the adjoining land or tenement to preent him f rom obstructing the light and iew' 4f the latter consents to such prohibition and the period fixed by o law expires# the easement will be ac%uired by prescription' /here is no true easement for as long as the right to prohibit its exercise exists' 4f made through a party wall or on one’s own wall which extends oer the neighboring estate# the easement ac%uired is positie because the owner of the latter estate who has a right to close it up allows an encumbrance on the property' /he period of prescription shall be counted from the time of the o opening of the window' •
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Art& 0))& :ontin,o,s nona##arent easements+ an$ $iscontin,o,s ones+ whether a##arent or not+ may e ac6,ire$ only y 'irt,e o" a ti tle& H*.7 Ac%uisition only by title )ontinuous and apparent easements are the only easements that can be ac%uired by prescription because they are the only ones the possession of which fulfills two important re%uisites re%uired by law for prescription 2 possession be public and continuous' /he easements mentioned in Art H** may be ac%uired by title# not by prescription because their possession or exercise is either not public !non7apparent" such as easement of lateral and subjacent support# or it is public but not continuous or uninterrupted !discontinuous"# li9e a right of way if there is a isible path' Eoweer# for legal purposes# the easement of a%ueduct shall be considered as continuous and apparent# although it is not really so' •
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Art& 0).& The asence o" a $oc,ment or #roo" showing the srcin o" an easement which cannot e ac6,ire$ y #rescri#tion may e c,re$ y a $ee$ o" recognition y the owner o" the ser'ient estate or y a "inal !,$gment& H*49a Art& 0)4& The e/istence o" an a##arent sign o" easement etween two estates+ estalishe$ or maintaine$ y the owner o" oth+ shall e consi$ere$+ sho,l$ either o" them e alienate$+ as a title in or$er that the easement may contin,e acti'ely an$ #assi'ely+ ,nless+ at the time the ownershi# o" the two estates is $i'i$e$+ the contrary sho,l$ e #ro'i$e$ in the title o" con'eyance o" either o" them+ or the sign a"oresai$ sho,l$ e remo'e$ e"ore the e/ec,tion o" the $ee$& This #ro'ision shall also a##ly in case o" the $i'ision o" a thing owne$ in common y two or more #ersons& H*41a Alienation by same owner of two estates with sign of existence of seritude /his contemplates a situation where two estates between which there exists an apparent sign !li9e a window or road" of an easement belong to the same owner' What the law re%uires is that the sign indicates the existence of a seritude although there is no true seritude there being only one owner 4n case the owner alienates either of them or both with the result t hat •
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the ownership thereof is diided# t he easement shall 0continue1 unless the contrary has been stipulated in the title of coneyance of either of them or the sign remoed before the execution of the deed /he existence of the apparent sign is e%uialent to a title if no o objection has been made by the serient owner for an implied contract that the easement should be constituted is deemed to exist between the new owners /he dominant owner can oppose the owner of the serient o estate from doing anything which would be inconsistent with his obligation to respect the easement 4f the lots are owned by two different owners# a notarial prohibition should be effected !Atty Abrenica" /his article applies in case of the diision of a common property by the co7owners as the effect is the same as an alienation# or there is only one estate and a part thereof is alienated' /his article is not applicable in case the two estates or portions of the same estate remain or continue to be in the same owner after alienation or partition
)ase doctrine Where two adjoining estates were formerly owner by just one person who introduced improements on both# such that the wall of the house constructed on the first estate extends to the wall of thecamarin on the second estate5 and at the time of the sale of the first estate# there existed on the wall of the house# doors and windows !which sere as passages for light and iew"# there being no proision in the deed of sale that the easement of light and iew will not be established# the case is coered by H*@' /he existence of doors and windows on the aforesaid wall of the house is e%uialent to a title that characteries its existence' 6ut while the law declares that the easement is to 0continue1# the easement actually arises for the first time only upon alienation of another estate# inasmuch as before that time there is no easement to spea9 of# there being but one owner of both estates' !Gargantos /an anon" •
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Art& 0)*& C#on the estalishment o" an easement+ all the rights necessary "or its ,se are consi$ere$ grante$& H*4) $ights granted by easement
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All easements carry with them all the rights necessary for their use and exercise ince these accessory rights or accessory easements exist solely by irtue of and for the use of the seritude which can be considered as the principal one# they cease upon the termination of the seritude
Art& 0)0& The owner o" the $ominant estate cannot ,se the easement e/ce#t "or the ene"it o" the immo'ale srcinally contem#late$& Neither can he e/ercise the easement in any other manner than that #re'io,sly estalishe$& Hn 4mmoable to be benefited by easement# and manner of its exercise /he rule in the first sentence is just because if the owner of the dominant estate is allowed to use the seritude for the benefit of other adjoining lands subse%uently ac%uired# or for others# that would ma9e the easement more onerous and beyond the intention of the parties 4f the easement has been constituted in general terms# only the rights which are reasonably necessary and conenient for the use •
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contemplated and would case the least burden to the serient estate are granted' Where the purpose of the easement or the manner of its exercise is defined by the title creating it# the exercise of the easement must be consistent with such purpose or manner
.)/4= /E$.. 2 $4GE/ A=D 6:4GA/4= C /E. W=.$ C /E. DM4=A=/ A=D .$F4.=/ ./A/. Art& 0)2& The owner o" the $ominant estate may ma-e+ at his own e/#ense+ on the ser'ient state any wor-s necessary "or the ,se an$ #reser'ation o" the ser'it,$e+ ,t witho,t altering it or ren$ering it more ,r$ensome& 3or this #,r#ose he shall noti"y the owner o" the ser'ient estate+ an$ shall choose the most con'enient time an$ manner so as to ca,se the least incon'enience to the owner o" the ser'ient estate& H*4.a What are the rights of the dominant owner? &' .xercise all the rights necessary for the use of the easement *' Ma9e on the serient estate all wor9s necessary for the use and preseration of the seritude -' $enounce the easement if he desires to exempt himself from the
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contribution to necessary expenses As9 for mandatory injunction to preent impairment of his of the easement
What are the obligations of the dominant owner? &' )annot alter the easement or render it more burdensome *' =otify the serient owner of wor9s necessary for the use and preseration of the seritude -' )hoose the most conenient time and ma nner in ma9ing the necessary wor9s as to cause the least inconenience to the serient owner @' )ontribute to the necessary expenses if there are seeral dominant estates in proportion to the benefits deried from the wor9s What are the rights of the serient owner? &' $etain the ownership of the portion of the estate on which the easement is established *' Ma9e use of the easement# unless there is an agreement to the cont rary -' )hange the place or manner of the use of the easement# proided it be e%ually conenient What are the obligations of the serient owner? &' )annot impair the use of the easement *' )ontribute to the necessary expenses in case he uses the easement# unless there is an agreement to the contrary $ight of the dominant owner to ma9e necessary wor9s $ight granted by H*I is subject to the following conditions8 &' Wor9s shall be at his expense and are necessary for the use and preseration of the seritude *' /hey do not alter or render the seritude more burdensome5 -' /he dominant owner# before ma9ing the wor9s# must notify the serient owner# and @' /hey shall be done at the most conenient time and manner as to cause the lease inconenience to the serient owner •
)ase doctrine !Goldcrest )ypress Gardens" •
Art& 0)5& Sho,l$ there e se'eral $ominant estates+ the owners o" all o" them shall e olige$ to contri,te to the e/#enses re"erre$ to in the #rece$ing article+ in #ro#ortion to the ene"its which each may $eri'e
Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
"rom the wor-& Any one who $oes not wish to contri,te may e/em#t himsel" y reno,ncing the easement "or the ene"it o" the others& I" the owner o" the ser'ient estate sho,l$ ma-e ,se o" the easement in any manner whatsoe'er+ he shall also e olige$ to contri,te to the e/#enses in t he #ro#ortion state$+ sa'ing an agreement to the contrary& H*44 bligation to contribute to expenses of necessary wor9s /his article contemplates seeral dominant estates' All the owners shall share the expenses in proportion to the benefits deried by each estate from the wor9s and not in proportion to their respectie interests' /he benefits shall be presumed e%ual in the absence of any agreement or proof to the contrary' /he easement of right of way ordinarily gies the same benefit An owner may exempt himself from contributing to the expenses by renouncing the easement in faor of the others' What about the serient owner? Well# he shall be obliged to contribute to the expense except when there is a stipulation to the contrary# should •
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he ma9e use of the easement in any manner whatsoeer' 4f he bound himself to bear the cost of the wor9# he may free himself form the obligation by renouncing his property to the dominant owner !Art HK-" Art& 0)7& The owner o" the ser'ient estate cannot im#air+ in any manner whatsoe'er+ the ,se o" the ser'it,$e& Ne'ertheless+ i" y reason o" the #lace srcinally assigne$+ or o" the manner estalishe$ "or the ,se o" the easement+ the same sho,l$ ecome 'ery incon'enient to the owner o" the ser'ient estate+ or sho,l$ #re'ent him "rom ma-ing any im#ortant wor-s+ re#airs or im#ro'ements thereon+ it may e change$ at his e/#ense+ #ro'i$e$ he o""ers another #lace or manner e6,ally con'enient an$ in s,ch a way that no in!,ry is ca,se$ therey to the owner o" the $ominant estate or to those who may ha'e a right to the ,se o" the easement& H*4* bligation of serient owner not to impair seritude /he serient owner may abstain from constructing wor9s or performing any act which will impair# in any manner whatsoeer# the use of the seritude' An injunction lies at the instance of the dominant owner to prohibit the serient owner from impairing the use of the seritude •
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While the serient estate cannot impair the use of the seritude# he may change at his expense the place or manner for its use proided the following re%uisites are present8 &' /he place or manner has become ery inconenient to him or preents him from ma9ing important wor9s thereon5 *' Ee offers another place or manner e%ually conenient5 and -' =o injury is caused by the chance to the dominant owner or to whoeer may hae a right to the use of the easement'
Art& 0.9& The owner o" the ser'ient estate retains the ownershi# o" the #ortion on which the easement is estalishe$+ an$ may ,se the same in s,ch a manner as not to a""ect the e/ercise o" the easement& Hn $ight of serient owner to use easement /he serient owner preseres his dominion oer the portion of his estate on which the easement is established /his is true although the indemnity consists of the alue of the land occupied and the amount of the damage to the serient estate !Art H@K" •
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,nless when the ,se ecomes #ossile+ s,""icient time "or #rescri#tion has ela#se$+ in accor$ance with the #ro'isions o" the #rece$ing n,mer( H4 =y the e/#iration o" the term or the ",l"illment o" the con$ition+ i" the easement is tem#orary or con$itional( H* =y the ren,nciation o" the owner o" the $ominant estate( H0 =y the re$em#tion agree$ ,#on etween the owners o" the $ominant an$ ser'ient estates& H*40a What are the modes of extinguishment of easements? &' 6y merger 4t is not necessary that it be with respect to the full extent of the tenement but only with respect to that part affected by the seritude or that part for the benefit of which the seritude was established /he merger must be absolute and complete in one and t he same person and not by irtue of other real rights less than full ownership' !where the merger is temporary# as when it is subject to a resolutory condition# there is only a suspension but not an •
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)ase doctrine When the trial court found that the person’s right to continue to use the septic tan9 ceased upon the subdiision of the land and its subse%uent sale to different owners who do not hae t he same interest# the upreme )ourt said that this is contrary to law' !/anedo 6ernad"
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.)/4= C($ 2 MD. C .Q/4=G(4EM.=/ C .A.M.=/ Art& 0.1& Easements are e/ting,ishe$% H1 =y merger in the same #erson o" the ownershi# o" the $ominant an$ ser'ient estates( H) =y non,ser "or ten years( with res#ect to $iscontin,o,s easements+ this #erio$ shall e com#,te$ "rom the $ay on which they cease$ to e ,se$( an$+ with res#ect to contin,o,s easements+ "rom the $ay on which an act contrary to the same too- #lace( H.
extinguishment of the seritude'" 4f the serient owner becomes a co7owner of the dominant estate# there is no merger for he has ac%uired only a part interest therein' 4f the dominant sells a retro the whole immoable to the serient# the easement is not extinguished but only suspended' /he seritude is reied when the dominant redeems the property' What if the dominant sells absolutely to the seritude# buys it bac9# then sells it to a third person' /here is no reial here because it was already unconditionally extinguished by the sale of the property to the serient' 6ut if the sale to serient by dominant was rescinded or annulled# there is no extinguishment by merger' 6y non7user for ten years /his mode is applicable only to easements that hae been in use and later abandoned# for one cannot discontinue using what one has neer used ome legal easements !natural drainage" may be extinguished by non7user# but only with respect to the actual form or manner in which they had been exercised# and the right or the power to claim the exercise of legal easements does not prescribe# as occurs especially in the case of the right of way and easement of a%ueduct' !Crancisco 3ae" 4f the easement is discontinuous !right of way"# the period of ten
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years shall be computed from the day it ceased to be used' 4f continuous !natural drainage"# from the day on which an act contrary to the same too9 place !li9e construction of a dam which bloc9s natural drainage" /he non7use must be oluntary on the part of the dominant owner and not due to fortuitous eents beyond his control unless the non7 use is due to the impossibility of use under no What’s the basis? Well# it’s presumptie renunciation' o# the proof of non7user must be undubitable particularly o where the easement is perpetual in character because of its annotation in the /orrens title' /hus# the mere non7use of a passageway by the dominant owner who has gained direct access to another way does not extinguish the easement of right of way' 4n the absence of any eidence that could point to mutual agreement to the discontinuance of the easement annotated on the title# its continued existence must be upheld /he use by a co7owner of the dominant estate benefits all the other
co7owners and preents prescription as to them' 4mpossibility of use When the condition of either or both of the estates which ma9es impossible the use of the easement is irreparable# whether caused by fortuitous eents or not# the seritude is absolutely extinguished therwise# the impossibility of use merely suspends the o seritude until such time when it can be used again
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oluntary renunciation thereof by some of them will not affect the right of the others' 6y redemption it must be by irtue of an agreement between the owners of the dominant and serient estates under which the seritude would be extinguished 6y other causes Annulment# rescission# abandonment# etc $egistration of the serient estate under the /orrens system without the easement being annotated in the title •
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ome case doctrines Alienation of the dominant and serient estates to different persons is not one of the grounds for extinguishment of the easement' !/anedo 6ernad" Absent a statement abolishing or extinguishing the easement# then the easement is continued by operation of law' !/anedo 6ernad" An easement is perpetual in character when it is annotated on all the transfer certificates of title issued' ince there is no eidence that would point to a mutual agreement between any of the parties with respect to the discontinuance or obliteration of the easement annotated on the titles# the continued existence of the easement must be upheld and respected' !6enedicto )A" =68 When the easement is a legal easement# it need not be annotated in the title' A legal easement is one mandated by law# constituted for public use or for priate interest and becomes a continuing property right' 4t is inseparable from the estate to which it belongs' o# there’s no need to annotate in the title' !Fillanuea Felasco" A oluntary easement of right of way# li9e any other contract# could be extinguished only by mutual agreement or by renunciation of the owner of the dominant estate' As it is li9e any other contract# it is generally effectie between the parties# their heirs and assigns# except in case where the rights and obligations arising from the contract are not transmissible by their nature# or by stipulation# or by proision of law' !(nisource )hung# *;;K" 4f there are easement or other rights appurtenant to a parcel of registered land which for any reason hae failed to be registered# such easement or rights shall remain so appurtenant notwithstanding such failure# and shall be held to pass with the land until cut off or extinguished by the registration of the serient estate or in any other •
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manner' An easement is cut off or extinguished by the registration of the serient estate under the /orrens system without the easement being annotated on the corresponding certificate of title# pursuant to ec -K of Act @KH !3urugganan 3aredes" .Q).3/4=8 When the person who registers the serient o estate has A)/(A: 9nowledge that an easement exists' !ne can’t rely on the face of the title if one has actual 9nowledge of facts which should compel him to do further inestigation" Art& 0.)& The "orm or manner o" ,sing the easement may #rescrie as the easement itsel"+ an$ in the same way& H*42a 3rescription of form or manner of using easement /he form or manner !or mode" of using the easement is different from the easement itself or the right to exercise it 6oth may be lost by prescription ome legal easements# howeer# do not prescribe but the form or •
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What is legal easement? :egal easements are easements imposed or mandated by law# and which hae for their object8 either public use or o the interest of priate properties o /hey become a continuing property right •
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Ninds of legal easements &' 3ublic legal easements or those for public or communal use *' 3riate legal easements or those for the interest of priate persons or for priate use# which include those relating to a' Waters b' $ight of way c' 3arty wall d' :ight and iew e' Drainage f' 4ntermediate distances
manner of using all easements including legal easements may be lost or ac%uired by prescription
g' h'
Against nuisance :ateral and subject support
Art& 0..& I" the $ominant estate elongs to se'eral #ersons in common+ the ,se o" the easement y any one o" them #re'ents #rescri#tion with res#ect to the others& H*45
)ase doctrine ee Fillanuea Felasco cited in Art H-&
Where dominant estate owned in common .asements are indiisible Eence# the use by a co7owner inures to the benefit of all the other co7 owners and preents prescription as to shares of the latter 4n other words# the use by a co7owner is deemed to be used by each and all the co7owners
Art& 0.*& All matters concerning easements estalishe$ "or #,lic or comm,nal ,se shall e go'erne$ y the s#ecial laws an$ reg,lations relating thereto+ an$+ in the asence thereo"+ y the #ro'isions o" this Title& H**9
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:;APTER ) LE>AL EASEMENTS .)/4= =. 2 G.=.$A: 3$F44= Art& 0.4& Easements im#ose$ y law ha'e "or their o!ect either #,lic ,se or the interest o" #ri'ate #ersons& H*47
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Art& 0.0& Easements estalishe$ y law in the interest o" #ri'ate #ersons or "or #ri'ate ,se shall e go'erne$ y the #ro'isions o" this Title+ witho,t #re!,$ice to the #ro'isions o" general or local laws an$ or$inances "or the general wel"are& These easements may e mo$i"ie$ y agreement o" the intereste$ #arties+ whene'er the law $oes not #rohiit it or no in!,ry is s,""ere$ y a thir$ #erson& H**1a Goerning laws &' 3ublic legal easements 2 they are goe rned primarily by the speci al laws and regulations relating thereto# and by the )iil )ode !H-@7HI"#
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inclusie' 3riate legal easements a' 6y agreement of the interested parties proided it is not prohibited by law or injurious to a third person b' 4n the absence of agreement# by the proisions of general and local laws and ordinances for the general welfare5 and c' 4n default of a and b# by articles H-@ to HI# inclusie of the )iil )ode'
)ase doctrine Where the land was srcinally public land# and awarded by free patent with a reseration for a legal easement of a right7of7way in faor of the goernment# just compensation need not be paid for the ta9ing of a part thereof for public use as an easement of a right of way# unli9e if the land were srcinally priate property' !=4A )A"
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.)/4= /W 2 .A.M.=/ $.:A/4=G / WA/.$ Art& 0.2& Lower estates are olige$ to recei'e the waters which nat,rally an$ witho,t the inter'ention o" man $escen$ "rom the higher estates+ as well as the stones or earth which they carry with them& The owner o" the lower estate cannot constr,ct wor-s which will im#e$e this easement( neither can the owner o" the higher estate ma-e wor-s which will increase the ,r$en& H**) :egal easements relating to waters &' =atural dra inage !H-I" *' Drainage of buildings !HI@" -' .asement on ripa rian ban9s for naigation# floatage# fishing# salage# and towpath !H-" @' .asement of a dam !H-K# H@I" <' .asement for drawing water or for watering animals !H@;7H@&" H' .asement of a%ueduct !H@*7H@H" I' .asement for the construction of a stop loc9 or sluice gate !H@I" =atural drainage of lands /his article imposes a natural easement upon the lower estates which are obliged to receie the waters which naturally and without the interention of man descend from the higher estates# as well as the stones or earth carried by the waters' /his easement is a continuous one and may be extinguished by non7 •
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user for the period of &; years re%uired by law' /hus# if a di9e was constructed by the serient owner !an act contrary to the easement"# the action to destroy the di9e is barred if brought only after & years' Duty of serient owner 2 the owner of the lower estate cannot construct wor9s which will impede this easement# such as walls# ditches or fences# or a dam which bloc9s the natural flow of the waters' /he dominant owner may demand their remoal or destruction and recoer damages' /he serient owner may construct wor9s to regulate the flow of waters# but not those which will impede the easement' Duty of dominant owner 2 the owner of the higher tenement cannot ma9e wor9s which will increase the burden' 4f the waters are the result of artificial deelopment# or are the oerflow from irrigation dams# or proceed from industrial establishments recently set up# the owner of the lower estate shall be entitled to compensation for his loss or damage' 6ut the dominant owner is not prohibited from cultiating o his land or constructing wor9s to regulate the descent of the waters to preent erosion to his land and as long as he does not impede the natural flow of the waters and increase the burden of the lower estate# he is not liable for damages'
$emember $emman )A? /he case with the pig shit? 4t also said that tax returns per se could not reflect the total amount of damages suffered by a party# as income losses from a portion of his property could be offset by any profit deried from the rest of said property or from other sources of income' Art& 0.5& The an-s o" ri'ers an$ streams+ e'en in case they are o" #ri'ate ownershi#+ are s,!ect thro,gho,t their entire length an$ within a one o" three meters along their margins+ to the easement o" #,lic ,se in the general interest o" na'igation+ "loatage+ "ishing an$ sal'age& Estates a$!oining the an-s o" na'igale or "loatale ri'ers are+ ",rthermore+ s,!ect to the easement o" tow#ath "or the e/cl,si'e ser'ice o" ri'er na'igation an$ "loatage& I" it e necessary "or s,ch #,r#ose to occ,#y lan$s o" #ri'ate ownershi#+ the #ro#er in$emnity shall "irst e #ai$& H**.a 3ublic easements on ban9s of rier 6an9s of riers and streams# whether they are of public or priate ownership# are subject to easement of public use for8 &' =aigation *' Cloatage •
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Cishing alage With respect to estates a djourning ban9s of naigable riers# also to easement of towpath' 4f the land is of public ownership# there is no indemnity5 if of priate ownership# the proper indemnity shall first be paid before it may be occupied' $iparian owners cannot be re%uired to subject their property to the easement for the benefit of the public without prior indemnity' /he width of the one subject to the easement is - meters throughout the entire length of the ban9 along its margin' /he easement established by Article H- does not apply to canals or esteros'
Art& 0.7&
Art& 04)& Any #erson who may wish to ,se ,#on his own estate any water o" which he can $is#ose shall ha'e the right to ma-e it "low thro,gh the inter'ening estates+ with the oligation to in$emni"y their owners+ as well as the owners o" the lower estates ,#on which the waters may "ilter or $escen$& H**2 Art& 04.& One $esiring to ma-e ,se o" the right grante$ in the #rece$ing article is olige$% H1 To #ro'e that he can $is#ose o" the water an$ that it is s,""icient "or the ,se "or which it is inten$e$( H) To show that the #ro#ose$ right o" way is the most con'enient an$ the least onero,s to t hir$ #ersons( H. To in$emni"y the owner o" the ser'ient estate in the manner $etermine$ y the laws an$ reg,lations& H**5 Art& 044& The easement o" a6,e$,ct "or #ri'ate interest cannot e im#ose$ on ,il$ings+ co,rtyar$s+ anne/es+ or o,tho,ses+ or on orchar$s or gar$ens alrea$y e/isting& H**7
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.asement of a%ueductJ what is it?> .asement of a%ueduct is the right arising from a forced easement by irtue of which the owner of an estate who desires to aail himself of water for the use of said estate may ma9e such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow' /he easement is proided in Article H@*' 4t gies the r ight to ma9e water flow through or under interening or lower estates'
allowed it to continue for *H years after they ac%uired title' !alaar Gutierre"
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Art& 04*& The easement o" a6,e$,ct $oes not #re'ent the owner o" the ser'ient estate "rom closing or "encing it+ or "rom ,il$ing o'er the a6,e$,ct in s,ch manner as not to ca,se the latter any $amage+ or ren$er necessary re#airs an$ cleanings im#ossile& H*09
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$ight of owner of serient estate /he serient owner may close or fence his estate# or build oer the a%ueduct so long as no damage is caused to the a%ueduct or the necessary repairs and cleaning of the same are not rendered impossible' Ee can construct wor9s he may deem necessary to preent damage to himself proided he does not impede or impair# in any manner whatsoeer# the use of the easement 2 just li9e the owner of the lower estate on which an easement of natural drainage has been established' 4f he does impair# the dominant owner may as9 for the remoal or •
$e%uisites? /he person desiring to ma9e use of the easement must8 &' 3roe that he has the capacity to dispose of the water5 *' 3roe that the water is sufficient for the use intended5 -' how that the proposed right of way is the most conenient and the least onerous to third persons5 and @' 3ay indemnity to the owner of the serient estate' 6ut where the number of years that hae elapsed since the •
easement had first come into existence and the subse%uent changes in ownership of lots inoled would ma9e it impossible to present proof of indemnity to the owner of the serient estate# this re%uisite has been deemed to be complied with' !alaar Gutierre" •
/he easement cannot be imposed oer buildings# courtyards# annexes or gardens if the easement is for priate interest'
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destruction of such wor9s with a right to indemnity for damages' Art& 040& 3or legal #,r#oses+ the easement o" a6,e$,ct shall e consi$ere$ as contin,o,s an$ a##arent+ e'en tho,gh the "low o" the water may not e contin,o,s+ or its ,se $e#en$s ,#on the nee$s o" the $ominant estate+ or ,#on a sche$,le o" alternate $ays or ho,rs& H*01 .asement considered as continuous and apparent Cor legal purposes# the easement is considered continuous and apparent and therefore# may be susceptible of ac%uisitie prescription' •
)ase doctrines /he panish :aw of Waters allows the creation of a compulsory easement of a%ueduct for the purpose of establishing or extending an irrigation system# and there is nothing to the contrary in the )iil )ode' /he registration of the serient lot without the corresponding registration of the easement of a%ueduct on the title cannot summarily terminate it -; years thereafter where the srcinal registered owner of the serient lot allowed the easement to continue in spite of such non7registration' /he least that can be said is that he either recognied its existence as a compulsory seritude on his estate or oluntarily agreed to its establishment and continuance' And subse%uent purchasers of the serient estate cannot capitalie on the absence of annotation on the title where they are aware of the existence of the easement and li9ewise •
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Art& 042& One who "or the #,r#ose o" irrigating or i m#ro'ing his estate+ has to constr,ct a sto# loc- or sl,ice gate i n the e$ o" the stream "rom which the water is to e ta-en+ may $eman$ that the owners o" the an-s #ermit its constr,ction+ a"ter #ayment o" $amages+ incl,$ing those ca,se$ y the new easement to s,ch owners an$ to the other irrigators& H*0) )onstruction of a stop loc9 or sluice gate 4n Article H-K# the purpose of building a dam is to diert water from a rier or broo9' Eere# the purpose of the construction is to ta9e water for irrigation# or to improe an estate' 4n both cases# the construction is on the estate of another and proper •
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indemnity has to be paid' Curthermore# no damage must be caused to third persons' Art& 045& The estalishment+ e/tent+ "orm an$ con$itions o" the ser'it,$es o" waters+ to which this section re"ers+ shall e go'erne$ y the s#ecial laws relating thereto inso"ar as no #ro'ision there"or is ma$e in this :o$e& H*0.a
.)/4= /E$.. 2 .A.M.=/ C $4GE/ C WA Art& 047& The owner+ or any #erson who y 'irt,e o" a real right may c,lti'ate or ,se any immo'ale+ which is s,rro,n$e$ y other immo'ales #ertaining to other #ersons an$ witho,t a$e6,ate o,tlet to a #,lic highway+ is entitle$ to $eman$ a right o" way thro,gh the neighoring estates+ a"ter #ayment o" the #ro#er in$emnity& Sho,l$ this easement e estalishe$ in s,ch a manner that its ,se may e contin,o,s "or all the nee$s o" the $ominant estate+ estalishing a #ermanent #assage+ the in$emnity shall consist o" the 'al,e o" the lan$ occ,#ie$ an$ the amo,nt o" the $amage ca,se$ to the ser'ient estate& In case the right o" way is limite$ to the necessary #assage "or the c,lti'ation o" the estate s,rro,n$e$ y others an$ "or the gathering o" its cro#s thro,gh the ser'ient estate witho,t a #ermanent way+ the in$emnity shall consist in the #ayment o" the $amage ca,se$ y s,ch enc,mrance& This easement is not com#,lsory i" the isolation o" the immo'ale is $,e to the #ro#rietorJs own acts& H*04a Art& 0*9& The easement o" right o" way shall e estalishe$ at the #oint least #re!,$icial to the ser'ient estate+ an$+ inso"ar as consistent with this r,le+ where the $istance "rom the $ominant estate to a #,lic highway may e the shortest& H*0* .asement of right of wayJ D.C4=.D> .asement of right of way is the right granted by law to the owner of an estate which is surrounded by other estates belonging to other persons and without an ade%uate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of the proper indemnity' •
$e%uisites of the easment !based on de :eon" &' )laimant must be an owner of enclosed immoable or one with real
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right =o ade%uate outlet to a public highway $ight of way must be absolutely necessary /he isolation must not be due to the claimant’s own act /he easement must be esta blished at the point least prejudicial /here must be payment of proper indemnity
)laimant must be an owner of enclosed immoable or one with real right =ot only the owner but any person who by irtue of a real right may cultiate or use an immoable# may demand a right of way' A usufructuary may demand a right of way' &' A mortgagee is not entitled to demand because it is necessary that the land be cultiated or used by irtue of a right li9e that of a usufruct *' A mere lessee cannot demand the legal seritude of way because his action is against the lessor who is bound to maintain him in the enjoyment of the lease' Eoweer# if the lessee registers the lease in •
the $egistry ofentitled 3roperty# becomes real of right# and the lessee would then be to itdemand thearight way' =o ade%uate outlet to a public highway )oers cases when there is absolutely no outlet or access# or een when there is one# the same is not ade%uate !li9e when it’s dangerous# ery costly# etc" /he owner of the serient estate cannot obstruct the use of the easement if the proposed new location for it is farther and is not as conenient' •
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$ight of way must be absolutely necessary /he right cannot be claimed merely for the conenience of the owner of the enclosed estate' wner must show that the compulsory easement is absolutely necessary for the normal enjoyment of his property' .en if necessary but it can be satisfied without imposing the seritude# the same should not be imposed' /he easement can be established for the benefit of a tenement with an inade%uate outlet# but not when the outlet is merely inconenient' •
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4f he constructs a permanent structure and effectiely bloc9s himself out from the pubic highway# then he is stupid and he will not be granted an easement'
/he easement must be established at the point least prejudicial to the serient estate /he shortest is not always the least prejudicial' /he criterion of least prejudicial shall be obsered although the distance may not be the shortest or is een the longest' 4n other words# this is the /./ 7 the one where the way is shortest and will cause the least damage should be chosen' 6ut if these two circumstances do not concur in a single o tenement# the way which will cause the least damage should be used# een if it would not be the shortest' 6etween a right of way that will demolish a house and another one which will merely cut down a tree !yet is a longer route to the highway"# the latter shall preail' /he rule is different in eminent domain proceedings wherein the grantee of the power of eminent domain can choose as he pleases# as long as it is not capricious and wantonly injurious' • •
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3roper indemnity /he right can be ac%uired only after the proper indemnity has been paid' 4f the passage is of continuous and permanent nature !continuous for all the needs of the dominant estate"# the indemnity consists of the alue of the land occupied plus amount of damages caused to the serient estate5 and 4f it is temporary ! limited to the necessary passage for the cultiation of the enclosed estate and for the gathering of its crops through the serient estate"# indemnity consists in the payment of the damage caused to the serient estate' .en if the easement is for a laudable purpose# there is still a need for compensation' 6(/J Where the land was srcinally public land# and awarded by free o patent and was registered with an )/ and /)/ with a reseration for a legal easement of a right7of7way in faor of the goernment# just compensation need not be paid for the ta9ing of a part thereof for public use as an easement of a right of way# unli9e if the land were srcinally priate property' !=4A
)A" What are the 9inds of easements of right of way? &' 3riate# when it is esta blished in faor of a priate person# such as the right granted in Article H@K5 or *' 3ublic# when it is aailable in faor of the community or the public at large' Ac%uisition and extinguishment by prescription /he easement of right of way# being discontinuous# cannot be ac%uired ny prescription' 4t may be apparent# but it is not a continuous easement' De :eon gies some reasons why the easement of right of way should be considered as continuous in page @; of his boo9' •
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right 3roperty is surrounded by other immoables and has no ade%uate outlet to a public highway 3roper indemnity must be paid /he isolation is not the re sult of the owner of the dominant estate’s own acts <' /he right of way claimed is at the lea st prejudicial to the serient estate H' /o the extent consistent with the foregoing rule# the distance from the dominant estate to a public highway may be the shortest' /he onus of proing the existence of these re%uisites lies on the owner of the dominant estate' $e%uisites na naman7 !based on Mejorada Fertudao" &' /he estate is surrounded by other immoables and is without ade%uate outlet to a public highway5 *' After payment of th e proper indemnity -' /he isolation was not due to the proprietor’s acts5 and @' /he right of way claimed is at a point least prejudicial to the serient estate' ne whose land is enclosed by the lands of others at one ac%uires the right to demand an easement of way to the nearest street or road# but his failure to do so does not constitute a renunciation of his right nor *'
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does the right to demand such easement prescribe under Article H-&' /he right to demand a right of way is imprescriptible' !Crancisco 3ae"
Art& 0*1& The wi$th o" the easement o" right o" way shall e that which is s,""icient "or the nee$s o" t he $ominant estate+ an$ may accor$ingly e change$ "rom time to time& H*00a Width of the passage 4t is the needs of the dominant property which ultimately determine the width of the passage# and these needs may ary from time to time' /he easement established may thus be changed or modified from time to time as the subse%uent needs of the dominant estate may demand' •
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tacit condition of the donation' Art& 0*4& I" the right o" way is #ermanent+ the necessary re#airs shall e ma$e y the owner o" the $ominant estate& A #ro#ortionate share o" the ta/es shall e reim,rse$ y sai$ owner to the #ro#rietor o" the ser'ient estate& Hn $esponsibility for repairs and taxes /his applies if the right of way is permanent' /he serient owner retains ownership of the passageway5 hence# he pays all the taxes' /he dominant owner is liable for the necessary repairs and the proportionate share of the taxes paid by the serient owner# meaning the amount of taxes corresponding to the portion on which the easement is established' • •
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Art& 0*)&
#,lic roa$+ the owner o" the ser'ient estate may $eman$ that the easement e e/ting,ishe$+ ret,rning what he may ha'e recei'e$ y way o" in$emnity& The interest on the in$emnity shall e $eeme$ to e in #ayment o" rent "or the ,se o" the easement& The same r,le shall e a##lie$ in case a new roa$ is o#ene$ gi'ing access to the isolate$ estate& In oth cases+ the #,lic highway m,st s,stantially meet the nee$s o" the $ominant estate in or$er that the easement may e e/ting,ishe$& H*05a .xtinguishment of compulsory easement of right of way /his applies to compulsory easement of right of way' /he two causes of extinguishment are8 &' /he joining of the isolated estate to another abutting a public road# and *' pening a new road which gies access to the estate' /he new outlet must be ade%uate' /he extinguishment is not automatic because the law says that the owner of the serient estate may demand that the easement be extinguished# if he so desires' o# the dominant owner cannot as9 for the return of the indemnity# if the serient owner chooses to allow the continuation of the easement' • •
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/he serient owner is not liable to pay interest on the indemnity as the interest is deemed to be payment for the use of the easement'
Art& 0*0& I" i t e in$is#ensale "or the constr,ction+ re#air+ im#ro'ement+ alteration or ea,ti"ication o" a ,il$ing+ to carry materials thro,gh the estate o" another+ or to raise therein sca""ol$ing or other o!ects necessary "or the wor-+ the owner o" s,ch estate shall e olige$ to #ermit the act+ a"ter recei'ing #ayment o" the #ro#er in$emnity "or the $amage ca,se$ him& H*07a /emporary easement of right of way /his applies to a right of way which is essentially temporary or transitory' 4t is sufficient that great inconenience# difficulty# or expense would be encountered if the easement was not granted' /emporary easement is allowed only after the payment of the proper indemnity' •
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)ase doctrine /he installation of electric power lines is a permanent easement not coered by Article H
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Animal trail max width8 -I'< meters Cor drawing waters and for watering animals max width8 &; meters 4n the last case# t hey can be imposed only for reasons of public o use in faor of a town or barrio and only after payment of the proper indemnity'
SE:TION 3OCR EASEMENT O3 PARTY
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Again# this is rebuttable'
Art& 00)& The cost o" re#airs an$ constr,ction o" #arty walls an$ the maintenance o" "ences+ li'e he$ges+ $itches+ an$ $rains owne$ in common+ shall e orne y all the owners o" the lan$s or tenements ha'ing the #arty wall in their "a'or+ in #ro#ortion to the right o" each& Ne'ertheless+ any owner may e/em#t himsel" "rom contri,ting to this charge y reno,ncing his #artownershi#+ e/ce#t when the #arty wall s,##orts a ,il$ing elonging to him& H*2* )ontribution to cost of repairs and construction of party walls /he part7owners of the party wall shall contribute to the cost in the proportion to their respectie interests' 6ut if the cause of the repairs is due to the fault of just one# o then he alone shall bear the costs' Any owner may free himself from contributing to the charge by renouncing his rights in the party wall unless it actually supports his
necessary "or the #reser'ation o" the #arty wall y reason o" the greater height or $e#th which has een gi'en it& I" the #arty wall cannot ear the i ncrease$ height+ the owner $esiring to raise it shall e olige$ to reconstr,ct it at his own e/#ense an$+ i" "or this #,r#ose it e necessary to ma-e it thic-er+ he shall gi'e the s#ace re6,ire$ "rom his own lan$& H*22 Art& 00*& The other owners who ha'e not contri,te$ in gi'ing increase$ height+ $e#th or thic-ness to the wall may+ ne'ertheless+ ac6,ire the right o" #artownershi# therein+ y #aying #ro#ortionally the 'al,e o" the wor- at the time o" the ac6,isition an$ o" the lan$ ,se$ "or its increase$ thic-ness& H*25a
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building' /he renunciation will include the land on which the party wall is constructed'
Art& 00.& I" the owner o" a ,il$ing+ s,##orte$ y a #arty wall $esires to $emolish the ,il$ing+ he may also reno,nce his #artownershi# o" the wall+ ,t the cost o" all re#airs an$ wor- necessary to #re'ent any $amage which the $emolition may ca,se to the #arty wall+ on this occasion only+ shall e orne y him& H*20
4ncrease the height of party wall> An owner is gien the right to increase the height of a party wall subject to the following conditions8 &' Ee must do so at his own expense5 *' Ee must pay for any damage which may be caused thereby een if •
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Demolish that building> Demolish> An owner may also renounce his part ownership of a party wall if he desires to demolish his building supported by the wall' Ee shall bear all the expenses of repairs and wor9 necessary to preent any damage which the demolition may cause to the party wall' •
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Art& 004& E'ery owner may increase the height o" the #arty wall+ $oing at his own e/#ense an$ #aying "or any $amage which may e ca,se$ y the wor-+ e'en tho,gh s,ch $amage e tem#orary& The e/#enses o" maintaining the wall in the #art newly raise$ or $ee#ene$ at its "o,n$ation shall also e #ai$ "or y him( an$+ in a$$ition+ the in$emnity "or t he increase$ e/#enses which may e
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is temporary5 -' damage Ee must bear the cost of maintaining the portion added5 and @' Ee must pay the increased cost of preseration of the wall' Ee shall be obliged to reconstruct the wall at his expense if it is necessary so that the wall can bear the increased height# and if additional thic9ness is re%uired# he shall proide the space therefore from his own land' /he other owners cannot object to the wor9 as long as the aboe conditions are complied with' /he owner who ma9es the addition ac%uires ownership unless the other owners pay proportionately the alue of the wor9 at the time of the ac%uisition !not the construction" and of the land used for the wall’s increased thic9ness'
Art& 000& E'ery #artowner o" a #arty wall may ,se it in #ro#ortion to the right he may ha'e in the coownershi#+ witho,t inter"ering with the common an$ res#ecti'e ,ses y the other coowners& H*27a 3roportional use of party wall 4f /weet owns *L- of the party wall and 3lur9 owns &L-# /weet may use the wall !li9e inserting a beam" up to *L- of its thic9ness# and 3lur9 can do the same up to &L-' •
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SE:TION 3IVE EASEMENT O3 LI>;T AN8 VIE< Art& 002& No #artowner may+ witho,t the consent o" the others+ o#en thro,gh the #arty wall any win$ow or a#ert,re o" any -in$& H*59 WEA/ 4 A= .A.M.=/ C :4GE/?>?> .asement of light !jus luminum) is the right to admit light from the neighboring estate by irtue of the opening of a window or the ma9ing of certain openings'
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WEA/ 4 A= .A.M.=/ C F4.W?>?> .asement of iew !jus prospectus" is the right to ma9e openings or windows# to enjoy the iew through the estate of another and the power to preent all constructions or wor9s which would obstruct such iew or ma9e the same difficult' 4t necessarily includes the easement of light' •
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Ma9ing of opening through a party wall A part7owner cannot exercise an act which implies full ownership of the wall by ma9ing use of all its thic9ness' $emember# a window in the diiding wall of buildings is an exterior sign which rebuts the presumption that the wall is a party wall' ne part7 owner may not# therefore# ma9e any window or opening of any 9ind thru a party wall without the consent of the others'
obstruct the iew only in &KK@# eeyoo may still demand the closure of the window in *;;&'
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Art& 005& The #erio$ o" #rescri#tion "or the ac6,isition o" an easement o" light an$ 'iew shall e co,nte$% H1 3rom the time o" the o#ening o" the win$ow+ i" it is thro,gh a #arty wall( or H) 3rom the time o" the "ormal #rohiition ,#on the #ro#rietor o" the a$!oining lan$ or tenement+ i" the win$ow is thro,gh a wall on the $ominant estate& Hn 3rescriptie period for ac%uisition of easement of light and iew /he easement of light and iew is either positie or negatie' When is it positie? 4t is considered positie if made through a party wall or een if o made on one’s own wall# if the window is on a balcony or projection extending oer the adjoining property' When a window is opened through a party wall# an apparent o
and continuous easement is created from the time of such opening' 6ut there is no true easement as long as the right to preent its use exists' /he adjoining owner can order the window closed within &; o years from the time of the opening of the window' When is it negatie? 4t is considered negatie if the window is made through a wall o on the dominant estate' /he &;7year period of prescription commences from the time of o the formal prohibition !instrument ac9nowledged by a notary public" upon the adjoining owner' 6efore the expiration of the prescriptie period# the window o exists by mere tolerance of the adjoining owner who always retains the right to hae it closed or to build an obstruction# although the opening was made more than &; years after he decided to exercise his right' /he opening by Qyal was made in &KK; but he made a formal notarial demand prohibiting eeyoo to
)ase doctrines When the construction of windows and balconies does not constitute an actual inasion of the rights of another# but is a lawful exercise of an inherent right# the easement of light and iew is negatie' !Cabie :ichauco" When a window is opened in a party wall# the express or implied consent of the part owner affords a basis for the ac%uisition of a prescriptie title' When a window is opened in the wall of a neighbor# prescription commences to run from the date of the opening of the windows and ripens into title when the specified time has elapsed without opoosition on the part of the owner of the wall' !)ortes u /ibo" •
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Art& 007&
o Cor obli%ue iew 2 from the diiding line An owner can build within the minimum distance or een up to the diiding line proided no window is opened except as proided in Article HHK' When windows are opened# without obsering the re%uired legal distances# the adjoining owner has a right to hae them closed' /he non7obserance of the distances does not gie rise to prescription' /he mere opening of the windows in iolation of Article II; o does not gie rise to the seritude by prescription' 4t’s a negatie easement because the window is through a wall o of the dominant estate and so prescription may still be ac%uired after &; years from the time of notarial prohibition'
Art& 02)& The #ro'isions o" Article 029 are not a##licale to ,il$ings se#arate$ y a #,lic way or alley+ which is not less than three meters wi$e+ s,!ect to s#ecial reg,lations an$ l ocal or$inances& H*54a Where buildings separated by a public way or alley /he distance in HI; is not compulsory where there is a public way or alley proided that it is not less than - meters wide' •
)ase doctrine
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A priate alley opened to the use of the general public falls within the proision of Article HI*' •
Art& 02.& E O3 =CIL8IN>S
Art& 020&
SE:TION 2& INTERME8IATE 8ISTAN:ES AN8 S
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Art& 022& No constr,ctions can e ,ilt or #lantings ma$e near "orti"ie$ #laces or "ortresses witho,t com#liance with the con$itions re6,ire$ in s#ecial laws+ or$inances+ an$ reg,lations relating thereto& H*57 )onstructions and plantings near fortified places /his article establishes an easement in faor of the tate' •
Art& 025& No #erson shall ,il$ any a6,e$,ct+ well+ sewer+ ",rnace+ "orge+ chimney+ stale+ $e#ository o" corrosi'e s,stances+ machinery+ or "actory which y reason o" its nat,re or #ro$,cts is $angero,s or no/io,s+ witho,t oser'ing the $istances #rescrie$ y the reg,lations an$ c,stoms o" the #lace+ an$ witho,t ma-ing the necessary #rotecti'e wor-s+ s,!ect+ in regar$ to the manner thereo"+ to the con$itions #rescrie$ y s,ch reg,lations& These #rohiitions cannot e altere$ or reno,nce$ y sti#,lation on the #art o" the a$!oining #ro#rietors& In the asence o" reg,lations+ s,ch #reca,tions shall e ta-en as may e consi$ere$ necessary+ in or$er to a'oi$ any $amage to the neighoring lan$s or tenements& H*79a )onstruction of a%ueduct# well# sewer# etc )onstructions which by reason of their nature or products are dangerous or noxious must comply with the distances prescribed by local regulations and customs of the place' =ecessary protectie wor9s must also be builtLdone by the owner to aoid damage to neighbors' /he prohibitions cannot be altered by stipulations because of the underlying public policy of safety' Whut up# ang layo mo na7 AINST NCISAN:E Art& 05)& E'ery ,il$ing or #iece o" lan$ is s,!ect to the easement which #rohiits the #ro#rietor or #ossessor "rom committing n,isance thro,gh noise+ !arring+ o""ensi'e o$or+ smo-e+ heat+ $,st+ water+ glare an$ other ca,ses&
3lanting of trees !wow>"
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Art& 05.& S,!ect to oning+ health+ #olice an$ other laws an$ reg,lations+ "actories an$ sho#s may e maintaine$ #ro'i$e$ the least #ossile annoyance is ca,se$ to the neighorhoo$& •
/he )ode considers the easement against nuisance as negatie because the proprietor or possessor is prohibited to do something which he could lawfully do were it not for the existence of the easement' Eoweer# a nuisance inoles any act of ormission which is unlawful' o# these two articles are more of a restriction on the right of ownership than a true easement'
SE:TION 7& Lateral an$ S,!acent S,##ort Hn Art& 054& No #ro#rietor shall ma-e s,ch e/ca'ations ,#on his lan$ as to $e#ri'e any a$!acent lan$ or ,il$ing o" s,""icient lateral or s,!acent s,##ort& Art& 05*& Any sti#,lation or testamentary #ro'ision allowing
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/he notice re%uired in Article HI is mandatory except where there is actual 9nowledge of the proposed excaation' /he adjacent owner is entitled to injunctie relief and to damages for iolation of the proisions'
:;APTER . VOLCNTARY EASEMENTS Art& 055& E'ery owner o" a tenement or #iece o" lan$ may estalish thereon the easements which he may $eem s,itale+ an$ in the manner an$ "orm which he may $eem est+ #ro'i$e$ he $oes not contra'ene the laws+ #,lic #olicy or #,lic or$er& H*74 wner of land may constitute easement ince easement inoles an act of strict dominium# only the owner or at least one acting in his name and under his authority# may establish a oluntary easement' Eoweer# a beneficial owner may establish a temporary easement consistent with his right as such and subject to termination upon the extinguishment of the usufruct' •
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e/ca'ations that ca,se $anger to an a$!acent lan$ or ,il$ing shall e 'oi$& Art& 050& The legal easement o" lateral an$ s,!acent s,##ort is not only "or ,il$ings stan$ing at the time the e/ca'ations are ma$e ,t also "or constr,ctions that may e erecte$& Art& 052& Any #ro#rietor inten$ing to ma-e any e/ca'ation contem#late$ in the three #rece$ing articles shall noti"y all owners o" a$!acent lan$s& 3roprietor prohibited from ma9ing dangerous excaations upport is lateral when the supported and the supporting lands are diided by a ertical plane' upport is subjacent when the supported land is aboe and the supporting land is beneath it' An owner# by irtue of his surface right# may ma9e excaations on his land# but his right is subject to the limitation in Article H@ that he shall not deprie any adjacent land or building of sufficient lateral or subjacent support' Any stipulation or testamentary proision allowing excaations that iolate Article H@ is oid' /he limitation applies not only to existing buildings but also to future constructions'
Foluntary easements not contractual Foluntary easements are not contractual in nature# they constitute the act of the owner' •
Art& 057& The owner o" a tenement or #iece o" lan$+ the ,s,"r,ct o" which elongs to another+ may im#ose thereon+ witho,t the consent o" the ,s,"r,ct,ary+ any ser'it,$es which will not in!,re the right o" ,s,"r,ct& H*7*
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Where property held in usufruct /he owner of property in usufruct may create easements thereon without the consent of the usufructuary proided the rights of the latter are not impaired' •
Art& 079&
TITLE EI>;T NCISAN:E Art& 074& A n,isance is any act+ omission+ estalishment+ ,siness+ con$ition o" #ro#erty+ or anything else which% H1 In!,res or en$angers the health or sa"ety o" others( or H) Annoys or o""en$s the senses( or H. Shoc-s+ $e"ies or $isregar$s $ecency or morality( or H4 Ostr,cts or inter"eres with the "ree #assage o" any #,lic highway or street+ or any o$y o" water( or H* ;in$ers or im#airs the ,se o" #ro#erty& What is the statutory definition of nuisance?
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=uisance is used to refer either to the harm caused or that which causes harm# or both =egligence is not an essential ingredient of a nuisance but to be liable for a nuisance# there must be resulting injury to another in the enjoyment of his legal rights' Anything which8 !4AE" &' 4njures or endangers the health or safety of others *' Annoys or offends the senses -' hoc9s# defies or disregards decency or morality @' bstructs or interferes with the free passage of any public highway or street# or any body of water <' Einders or impairs the use of property'
Distinguish nuisance from trespass =uisance consists of a use of one’s own property in such a manner as to cause injury to the property or other right or interest of another# and generally results from the commission of an act beyond the limits of the property affected •
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/respass is a direct infringement of another’s right of property Where there is no actual physical inasion of the plaintiff’s property# the cause of action is for nuisance rather than trespass' An encroachment upon the space about another’s land but not upon the land itself is a nuisance# and not a trespass' 4n trespass# the injury is direct and immediate5 in nuisance# it is conse%uential'
Distinguish nuisance from negligence =uisance 6asis of $egardless of the breach of duty degree of care or s9ill Fiolation of An absolute duty# the doing of an act which is wrongful in itself
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=egligence Want of care
A relatie duty# the failure to use the degree of care re%uired under particular circumstances in connection with an act or omission which is not of itself wrongful Where the damage is the necessary conse%uence of what the defendant is doing# or is incident to the business itself or the manner in which it is conducted# the law of negligence has no application# and the law of nuisance applies'
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4n fine# nuisance is wrongful in itself because of the injury caused regardless of the presence or absence of care# while negligence creates liability because of want of proper care resulting to another’s injury'
)ase doctrines =oise becomes actionable only when it passes t he limits of r easonable adjustment to the conditions of the locality and of the needs of the ma9er to the needs of the listener' 4njury to a particular person in a peculiar position will not render the noise an actionable nuisance 2 in the condition of present liing# noise seems inseparable from the conduct of many necessary occupations' /he test to determine noise as nuisance is whether rights of property# health or comfort are so injuriously affected by the noise that the sufferer is subjected to a loss which goes beyond the reasonable limit imposed upon him by the condition of liing' /he determining factor when noise alone is the cause of complaint is not its intensity or olume# but it is that the noise is of such character as to produce actual physical discomfort and annoyance to a person of •
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ordinary sensibilities# rendering adjacent property less comfortable and aluable' !A) .nterprises Crabelle" A negligent or intentional act may constitute a nuisance' Where# after complaint and notice of damage# the defendant continues to offend and refuses to correct or discontinue the nuisance# it is intentional'
Art& 07*& N,isance is either #,lic or #ri'ate& A #,lic n,isance a""ects a comm,nity or neighorhoo$ or any consi$erale n,mer o" #ersons+ altho,gh the e/tent o" the annoyance+ $anger or $amage ,#on in$i'i$,als may e ,ne6,al& A #ri'ate n,isance is one that is not incl,$e$ in the "oregoing $e"inition& What is a public nuisance? A public nuisance has been defined as the doing of or the failure to do something that injuriously o affects safety# health or morals of the public# or wor9s some substantial annoyance# inconenience# or injury to o the public' •
What is a priate nuisance? A priate nuisance has been defined as one which iolates only priate rights and produces damage to but one or a few personas# and cannot •
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be said to be public' Affects
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3ublic 3ublic at large# or such of them as may come in contact with it 4ndictable
3riate /he indiidual or a limited number of indiiduals only
Actionable#eitherfortheir abatement or for damages# or both A nuisance may be both public and priate in character' Eence# there are mixed nuisances' 4t may iolate public rights to the injury of many# while producing special injury to priate rights to any extent beyond the injury to the public'
What is a nuisance per se? uisance per se is an act# occupation# or structure which un%uestionably is a nuisance at all times and under any circumstances# regardless of location or surroundings' 4t is that which affects the immediate safety of persons and property' •
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4n terms of action
!/elmo 6ustamante" 4t is a nuisance of itself because of its inherent %ualities# productie of injury or dangerous to life or property without regard to circumstance' .xample8 A house of prostitution'
What is a nuisance per accidens? 4t is an act# occupation# or structure# not a nuisance per se# but which may become a nuisance by reason of circumstances# location# or surroundings' .xample8 raising of pigs in a house within city limits' •
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=uisance per se /he thing becomes a nuisance as a matter of law 4ts existence need only be proed in any locatlity# without showing specific damages# and the right to relief is established by aerment and proof of the mere act'
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=uisance per accidens Depends upon its location and surroundings# the manner of its conduct or other circumstances' 3roof of the act and its conse%uences is necessary' 4t must be shown by eidence to be a nuisance under the law'
May be summarily abated under the undefined law of necessity
.en the municipal authorities# under their power to declare and abate nuisances# would not hae the right to compel the abatement of a particular thing or act as a nuisance without reasonable notice to the person alleged to be maintaining or doing the same at the time and place of hearing before a tribunal whether such a thing constitutes a nuisance
)ase doctrines /he operation of bus terminals is a legitimate business which# by itself# cannot be said to be injurious to t he rights of property# health# or comfort of the community' (nless a thing is nuisance per se# it may not be •
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abated ia an ordinance# without judicial proceedings' !:ucena A) :iner" /he abatement of a nuisance without judicial proceedings is possible only if it is a nuisance per se' A gas station is not a nuisance per se or one affecting the immediate safety of persons and property' Eence# it cannot be closed down or transferred summarily to another location' !3arayno oellanos" 4njury must not be merely perceied# but must be factual' !3arayno"
What is the doctrine of attractie nuisance? ne who maintains on his premises dangerous instrumentalities or appliances of a character li9ely to attract children in play# and who fails to exercise ordinary care to preent children from playing therewith or resorting thereto# is liable to a child of tender years who is injured thereby# een if the child is technically a trespasser in the premises' /he reason is that the condition or appliance in %uestion although its danger is apparent# is so enticing to children of t ender years as to induce them to approach or use it' /he attractieness is an implied initation to such children .Q).3/4=8 is not applicable to bodies of water# artificial or natural in the absence of some unusual condition or artificial feature other than the mere water and its location' •
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A swimming pool is not a nuisance' A tan9 of water from an ice plant is not a nuisance as well' !Eidalgo case" What if ollibee is in the middle of the swimming pool?> .xercise due diligence' :anggalin yung bubuyog na yan7
Art& 070& E'ery s,ccessi'e owner or #ossessor o" #ro#erty who "ails or re",ses to aate a n,isance in that #ro#erty starte$ y a "ormer owner or #ossessor is liale there"or in the same manner as the one who create$ it& •
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Generally# only the creator of a nuisance is liable for the damge resulting therefrom' Eoweer# since the injurious effect of a nuisance is a continuing one# eery successie owner or possessor of property constituting a nuisance who fails or refuses to abate it# has the same liability as the srcinal owner'
Are the remedies exclusie? =o' /he action to abate nuisance and the action to recoer damages are distinct remedies either or both of which the plaintiff may pursue at his election' /he two remedies are concurrent and not exclusie' /he owner of property abated as a nuisance is not entitled to compensation unless he can show that the abatement is unjustified' • •
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Art& 075& La#se o" time cannot legalie any n,isance+ whether #,lic or #ri'ate&
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Art& 077& The reme$ies against a #,lic n,isance are% H1 A #rosec,tion ,n$er the Penal :o$e or any local or$inance% or H) A ci'il action( or H. Aatement+ witho,t !,$icial #rocee$ings& What are the remedies against a public nuisance? &' 3rosecution under the 3enal )ode or any local ordinance *' A ciil action -' Abatement# without judicial proceedings' /hese are not exclusie but cumulatie' All of them may be aailed of by public officers# and the last two# by priate persons# if the nuisance is especially injurious to the latter' • •
Abatement without judicial proceedings /he summary abatement of nuisance without judicial proceedings is •
6ut of course# the new owenr must hae actual 9nowledge of the nuisance'
Art& 072& The aatement o" a n,isance $oes not #recl,$e the right o" any #erson in!,re$ to reco'er $amages "or its #ast e/istence&
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are extinguished by obstruction and non7use for ten years' !chec9 boo9#3<<"
General rule8 /he right to bring an action to abate a public or priate nuisance is not extinguished by prescription' :apse of time cannot be relied upon to legalie a nuisance# whether public or priate' .xception8 ee Art H-& !*" which expressly prescribes that easements
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recognied and established een in the absence of statute on the ground that the re%uirement of preliminary formal legal proceedings and a judicial trial would result in defeating the beneficial object sought to be obtained' 3olice power of the state includes the right to destroy or abate by a summary proceeding whateer may be regarded as a public nuisance# subject to constitutional limitations' 3roperty ta9en or destroyed for the purpose of abating a nuisance is not ta9en for public use# and there is accordingly no obligation to ma9e compensation for such ta9ing'
Art& 299& The $istrict health o""icer shall ta-e care that one or all o" the reme$ies against a #,lic n,isance are a'aile$ o"& Art& 291& I" a ci'il action is ro,ght y reason o" the maintenance o" a #,lic n,isance+ s,ch action shall e commence$ y the city or m,nici#al mayor& Art& 29)& The $istrict health o""icer shall $etermine whether or not aatement+ witho,t !,$icial #rocee$ings+ is the est reme$y against a #,lic n,isance& What is the role of the district health officer and others with respect to public
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nuisance? /he district health officer is charged with the duty to see to it that one or all of the remedies against a public nuisance are aailed of' Article I;* does not empower the district health officer to abate a public nuisance to the exclusion of all other authorities' Eis power is simply to determine whether or not abatement# without judicial proceedings# is the best remedy against a public nuisance' /he action must be commenced by the city or municipal mayor' 6ut a priate person may also file an action if the public nuisance is especially injurious to him' •
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Art& 29.& A #ri'ate #erson may "ile an action on acco,nt o" a #,lic n,isance+ i" it is s#ecially in!,rio,s to himsel"& Does a priate person hae a right to file action on account of a public nuisance? )ertainly> A priate person may also file a ciil action if the public nuisance is especially injurious to himself' 4n other words# the nuisance becomes as to him a priate nuisance affecting him in a special way different from that sustained by the public in general' 4n the absence of a showing of special or unusual damages# differing from those suffered by the general public# a cause of action does not arise in faor of a priate indiidual An action may be maintained by one who is not the sole or een a peculiar sufferer# if his grieance is not common to the whole public# but is a common misfortune of a number or een a class of persons' • •
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Art& 294& Any #ri'ate #erson may aate a #,lic n,isance which is s#ecially in!,rio,s to him y remo'ing+ or i" necessary+ y $estroying the thing which constit,tes the same+ witho,t committing a reach o" the #eace+ or $oing ,nnecessary in!,ry& =,t it is necessary% H1 That $eman$ e "irst ma$e ,#on the owner or #ossessor o" the #ro#erty to aate the n,isance( H) That s,ch $eman$ has een re!ecte$( H. That the aatement e a##ro'e$ y the $istrict health o""icer an$ e/ec,te$ with the assistance o" the local #olice( an$ H4 That the 'al,e o" the $estr,ction $oes not e/cee$ three tho,san$ #esos&
What are the conditions for extrajudicial abatement of a public nuisance? /he party injured may remoe# and if necessary# destroy thing which constitutes the nuisance without committing a breach of the peace# or doing unnecessary damage' What should be done? &' Demand be first made upon the owner or possessor of the nuisance *' Demand must hae been rejected -' Abatement be approed by the district health officer and executed with the assistance of the local police @' /he alue of the destruction does not exceed 3-;;;' •
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Art& 29*& The reme$ies against a #ri'ate n,isance are% H1 A ci'il action( or H) Aatement+ witho,t !,$icial #rocee$ings& Art& 290& Any #erson in!,re$ y a #ri'ate n,isance may aate it y remo'ing+ or i" necessary+ y $estroying the thing which constit,tes the n,isance+ witho,t committing a reach o" the #eace or $oing ,nnecessary in!,ry& ;owe'er+ it is in$is#ensale that the #roce$,re "or e/tra!,$icial aatement o" a #,lic n,isance y a #ri'ate #erson e "ollowe$& What are the remedies against a priate nuisance? &' )iil ac tion *' Abatement# without judicial proceedings' •
4n abating a nuisance# a person may een go to the extent of destroying the damn thing which constitutes the nusicance proided8 a' Ee commits no breach of the peace nor causes unnecessary injury# and b' /he procedure for extrajudicial abatement of public nuisance prescribed in I;@ is complied with
Art& 292& A #ri'ate #erson or a #,lic o""icial e/tra!,$icially aating a n,isance shall e liale "or $amages% H1 I" he ca,ses ,nnecessary in!,ry( or H) I" an allege$ n,isance is later $eclare$ y the co,rts to e not a real n,isance& 4s there liability for damages in case of extrajudicial abatement?
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eeeeeeees> A priate or public officer may be held liable for damages' /he two grounds of which are8 a' (nnecessary injury b' /he alleged nuisance is later declared by the courts to be not a real nuisance'
=OOG III 8I33ERENT MO8ES O3 A:FCIRIN> O
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/he deriatie modes are modes both for the ac%uisition and transmission of ownership and other real rights' /he transmission may inole a right in its entirety# or only a part thereof !pledge# mortgage# usufruct"' $egistration is not a mode of ac%uiring ownership# and other real rights but only a means of confirming the fact of their legal existence with notice to the world at large'
:aw as a mode of ac%uisition? When the )iil )ode spea9s of law as a mode of ac%uisition# it refers to it as a distinct mode or to those cases where the law# independent of the other modes# directly est ownership of a thing in a person once the prescribed conditions or re%uisites are present or complied with' .xamples8 &' Eidden t reasure *' Art @@< -' $ier beds !Art @H&" @' Art @HH •
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Art H& Art &@-@ Art &@
)ase doctrines A stranger to the succession of a dead person cannot conclusiely claim ownership oer the subject lot on the sole basis of the waier document which neither recites the elements of either a sale# or a donation# or any other deriatie mode of ac%uiring ownership' !Acap )A" An affidait not accompanied by any instrument showing the sale between a purported endor and endee is not a basis of ownership' !Eeirs of dela )ru Eeirs of ,uintos" Cor lands of public domain# in order to ac%uire it by prescription# there must be a declaration of the tate that it’s alienable and disposableand a positie act that states that it is no longer needed for public use' nly at that point will the counting for prescription start' !Eeirs of Malabanan" •
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TITLE ONE O::CPATION Art& 21.& Things a##ro#riale y nat,re which are witho,t an owner+ s,ch as animals that are the o!ect o" h,nting an$ "ishing+ hi$$en treas,re an$ aan$one$ mo'ales+ are ac6,ire$ y occ,#ation& H019 What is the concept of occupation? &' Defined as the appr opriation of things appropriable by nature which are without an owner' *' /he seiure of things corporeal which hae no ow ner with the intention of ac%uiring the ownership thereof' What are the re%uisites of occupation? &' eiure of a thing *' Must be corp oreal personal property -' Must be susceptible of appropriation by nature @' Must be without an owner <' Must be an in tention to appropriate H' $e%uisites or conditions laid down by law must be complied with What constitutes seiure? 4t is sufficient that there is an act of ta9ing possession# material holding not being essential as long as the possessor considers the thing as subjected to his control or disposition /he thing must be corporeal personal property without 9nown owner !res nullius" or abandoned by the owner' res communes are not appropriable by nature' •
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/he must be an intent to ac%uire ownership# otherwise# the seiure would not be appropriation in the legal sense# but mere material holding' •
ccupation Mode of ac%uiring ownership
)orporeal personal property $e%uires that the object be without an owner $e%uires an intent to ac%uire ownership May not ta9e place without some form of possession hortduration 6y itself# cannot lead to another mode of ac%uisition
3ossession Merely raises the presumption of ownership when it is exercised in the concept of owner Any property May refer to property owned by somebody )oncept of mere holder May exist without occupation Generallyoflongerduration May lead to another mode# which is prescription
What are the ways by which occupation may be effected? &' 6y hunting and fishing *' 6y finding of moables which neer had any owner -' 6y finding of moables which hae been abandoned by the owner# and @' 6y finding of hidden treasure What about wild animals? /hey are possessed only while they are under one’s control' •
When is a thing abandoned# lost or ta9en by force? A thing is considered abandoned when thespes recuperandi !expectation to recoer" is gone and the animo revertendi !intention to hae it returned" is finally gien up by the owner' A thing has been lost or ta9en by force is notipso %acto conerted into a res nullius so as to belong to the first person who ta9es possession of the same without the necessity of proing the mode of his ac%uisition and it may thus be recoered by the srcinal owner' •
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Art& 214& The ownershi# o" a #iece o" lan$ cannot e ac6,ire$ y occ,#ation& Hn •
:and is not included among things that can be the object of occupation
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the reason is that when the land is without an owner# it pertains to the state' 6ut# what about abandoned priate land?
Art& 21*& The right to h,nt an$ to "ish is reg,late$ y s#ecial laws& H011 Do 4 hae a right to hunt and fish? =o' trictly spea9ing# no one has a right to hunt or fish' /he priilege to hunt or fish# howeer# may be granted and regulated by law' • • •
Art& 210& The owner o" a swarm o" ees shall ha'e a right to #,rs,e them to anotherJs lan$+ in$emni"ying the #ossessor o" the latter "or the $amage& I" the owner has not #,rs,e$ the swarm+ or ceases to $o so within two consec,ti'e $ays+ the #ossessor o" the lan$ may occ,#y or retain the same& The owner o" $omesticate$ animals may also claim them within twenty $ays to e co,nte$ "rom their occ,#ation y another #erson& This #erio$ ha'ing e/#ire$+ they shall #ertain to him who has ca,ght an$ -e#t them& H01)a • •
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/his article tal9s of domesticated# not domestic animals' With respect to domestic animals# he can claim them een beyond twenty days from their occupation unless there is abandonment on his part' /his article does not apply to a case where a person has found a domestic animal and 9ept it for a number of years not 9nowing its owner' A domesticated animal which has not strayed or been abandoned cannot be ac%uired by occupation by a person to whose custody it was entrusted /he periods of two days and twenty days are not periods of limitation# but conditions precedent to recoery'
Art& 212& Pigeons an$ "ish which "rom their res#ecti'e ree$ing #laces #ass to another #ertaining to a $i""erent owner shall elong to the latter+ #ro'i$e$ they ha'e not een entice$ y some article o" "ra,$& H01.a •
/his article does not refer to wild pigeons and fish in a state of liberty or
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that lie naturally independent of man' /heir occupation is regulated by Art I&<' What is contemplated here are pigeons and fish considered as domesticated animals subject to the control of man in priate breeding places' /he pigeons and fish must change their breeding place to another belonging to a different owner' (nless enticed by some artifice or fraud# the shall belong to t he owner of the breeding place to which they shall hae transferred'
Art& 2)1& =y intellect,al creation+ the "ollowing #ersons ac6,ire ownershi#% H1 The a,thor with regar$ to his literary+ $ramatic+ historical+ legal+ #hiloso#hical+ scienti"ic or other wor-( H) The com#oser( as to his m,sical com#osition( H. The #ainter+ sc,l#tor+ or other artist+ with res#ect to the #ro$,ct o" his art( H4 The scientist or technologist or any other #erson with regar$ to his $isco'ery or in'ention& Hn
Art& 2))& The a,thor an$ the com#oser+ mentione$ in Nos& 1 an$ ) o" the #rece$ing article+ shall ha'e the ownershi# o" their creations e'en e"ore the #,lication o" the same& Once their wor-s are #,lishe$+ their rights are go'erne$ y the :o#yright laws& The #ainter+ sc,l#tor or other artist shall ha'e $ominion o'er Art& 217&
Art& 2)4& S#ecial laws go'ern co#yright an$ #atent& H4)7a
:;APTER ONE NATCRE O3 8ONATIONS Art& 2)*& 8onation is an act o" lierality wherey a #erson $is#oses grat,ito,sly o" a thing or right in "a'or o" another+ who acce#ts it& H015a )oncept of donation 4n its generic sense# the term donation includes all forms of gratuitous dispositions' •
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/he donation the article spea9s of and which is goerned by /itle /hree is the donation proper or the t rue !or real" donation# or ordinary donation'
What is the nature and effect of donation? Although Art I*< defines donation as an act# it is really a contract# with all the essential re%uisites of a contract' 4t falls under contracts of pure beneficence# the consideration being the mere liberality of the benefactor' /he )iil )ode considers donation not among the contracts that transfer ownership but as a particular mode of ac%uiring and transmitting ownership' As a mode of ac%uiring ownership# donation results in an effectie transfer of title oer the property from the moment the donor is made aware of the acceptance by the donee# proided that the donee is not dis%ualified or prohibited by law from accepting the donation' nce accepted# it is generally considered irreocable# and the donee becomes owner of property# except8 &' on account of officiousness# *' failure of the donee to comply with the charge imposed on the donation# -' or in gratitude' /he effect of donation is to reduce the patrimony or asset of the donor and to increase that of the donee' Eence# the giing of a mortgage or any other security does not constitute a donation' •
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$e%uisites of donation &' Donor must hae capacity to ma9e the donation of a thing or right *' Donatie intent !animus donandi" or intent to ma9e the donation out of liberality to benefit the donee -' /here must be deliery# whether actual or constructie @' Donee must accept or consent to the donation' •
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4n certain donations# the form prescribed by law must be followed !ee Art I@7I@K" /he subject matter of a donation may be a thing or right' A person may be a donee although he is incapacitated to enter into a contract if he is not specially dis%ualified by law to accept donations' =ot enough that the act is gratuitous# there must be an intent to benefit the donee'
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/he acceptance or consent of the donee is re%uired because no once can be obliged to receie a benefit against his will'
)ase doctrines /he essential elements of donation are as follows8 .ssential reduction of the patrimony of the donor o 4ncrease in the patrimony of the donee o /he intent to do an act of liberality oranimus donandi !Eeirs of o Clorencio Eeirs of de :eon" 4n order that the donation of an immoable property may be alid# the deed of donation must be made in a public document' /he acceptance must be in a public document as well' !Eeirs of Clorencio" $egistration of the deed in the ffice of the $D or in the Assessor’s ffice is not necessary for it to be considered alid and official' $egistration does not est title' /he necessity of registration comes into play only when the rights of third persons are affected' Curthermore# the heirs are bound by the deed of contracts executed by their predecessors7in7interest' !Eeirs of Clorencio" A %uitclaim is not a donation where those who executed the same merely ac9nowledged the ownership of and better right oer the lot by other persons' !Eeirs of $eyes )alumpang" Acceptance is necessary in a donation' /his applies to all 9inds of donations because the law does not ma9e any distinction' A donation mortis causa ta9es effect only after the death of the donor# conse%uently it is only after t he latter’s death that its acceptance maybe made' !Fita Montanano" 3rudent thing to do when drafting deeds of donation8 3lace an acceptance clause' o# if court considers itinter vivos# then it would hae been accepted' 4f court considers it mortis causa# then the clause would be a mere superfluity# still open to the acceptance of the donee upon the death of the donor' !Atty Abrenica" /he purpose of the formal re%uirement for acceptance of a donation is to ensure that such acceptance is duly communicated to the donor' /he actual 9nowledge by the donor of the construction and existence of the school building pursuant to the condition of the donation fulfills the legal re%uirement that the acceptance of the donation by the donee be communicated to the donor' !$epublic ilim" •
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/ell me more about modal donations 4n a modal donation# a burden !which is necessarily future" less than the alue of the gift is imposed upon the donee' 4f the burden is considered the e%uialent of the thing or right gien# then it’s an onerous donation' /he burden may consist in a real or personal charge which is capable of being alued in terms of money' •
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What are donations with mixed features? trictly spea9ing# remuneratory donations are those which are gien on account of serices rendered by the donee to t he donor' Modal donations are conditional only in the sense that a burden# charge# condition or limitation is imposed y the donor but the burden is not technically a condition in the sense of an uncertain eent upon which the effectitiy or extinguishment of donation is made to depend for it is really a mere obligation imposed by the donor upon the donee as a consideration Actually# a modal donation has dual nature# it is partly onerous and partly simple 2 the portion e%uialent to the burden is onerous and is goerned by the rules on obligations and contracts# while the portion exceeding the alue of the burdens imposed# is simple and must follow the form of donations' •
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Earry donates to $on a parcel of land worth -;; galleons* but $on has to gie another parcel of land or perform some serice worth &;; galleons# the transaction is onerous as the &;; galleons which must be in the form of a contract of barter or exchange# and simple as to the *;; galleons which must follow the form of donations' )ase doctrines 2
As of uly *;;H# the galleon7dollar exchange rate was &8&H'I*' 4t hasn’t gone below &8&< eer since' Wala lang# boring ng property eh' Earry 3otter na lang'
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An onerous donation is that which imposes upon the donee a reciprocal obligation# or to be precise# this is the 9ind of donation made for a aluable consideration# the cost of which is e%ual to or more than the thing donated' !) ulo $oman )atholic 6ishop of an 3ablo" ince onerous donations are goerned by the rules of contracts# the prescription period is &; years !based on a written contract"# and not the @7year period based on Article IH@ !reocation must be brought within @ years from the non7compliance of the conditions of the donation"' !De :una Abrigo" $emuneratory donation is one where the donee gies something to reward past or future serices or because of future charges or burdens# when the alue of said serices# burdens or charges is less than the alue of the donation' !De :una 7R t his definition seems wrong as it includes future charges# which are necessarily modal"
Art& 2)2& Illegal or im#ossile con$itions in sim#le an$ rem,neratory $onations shall e consi$ere$ as not im#ose$& Hn What’s the effect of illegal or impossible conditions? (nder Article I*I# the illegal or impossible condition in a simple or remuneratory donation would be deemed not imposed following the rule on testamentary dispositions' /he donation will be considered as simiple' 4f the donation is onerous !or modal# as to its onerous portion"# the illegal or impossible condition shall render it oid' 6eing contractual in nature# the rule applicable would be that found in Article &&- !chec9 codal# if diisible# only condition will be oid" •
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)ase doctrine /he prohibition in the deed of donation against the alienation of the property for &;; years should be declared as an illegal or impossible condition within the contemplation of Article I*I' )onse%uently# such condition shall be considered as not imposed' =o reliance may accordingly be placed on said prohibitory paragraph in the deed of donation' !Archbishop of Manila )A" •
Art& 2)5& 8onations which are to ta-e e""ect ,#on the $eath o" the $onor #arta-e o" the nat,re o" testamentary #ro'isions+ an$ shall e go'erne$ y the r,les estalishe$ in the Title on S,ccession& H0)9
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Art& 2)7&
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Art& 2.9& The "i/ing o" an e'ent or the im#osition o" a s,s#ensi'e con$ition+ which may ta-e #lace eyon$ the nat,ral e/#ectation o" li"e o" the $onor+ $oes not $estroy the nat,re o" the act as a $onation inter 'i'os+ ,nless a contrary intention a##ears& Hn Donation inter vivos subject to suspensie condition /his article contemplates a situtation where the donor intends the donation to ta9e effect during his lifetime but he imposes suspensie condition which may or may not ta9e place beyond his lifetime' /he fact that the eent happens or the condition is fulfilled after the donor’s death does not change the nature of the act as a donationinter vivos' /he effect of the fulfillment of the suspensie condition is retroactie to the ma9ing of the donation' .Q).3/4=8 when the donor really intended that the donation should ta9e effect after his death' /hus# mortis causa' •
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Art& 2.1&
)ase doctrines As onerous donations are goerned by the rules on contracts# for there to warrant a reocation of the donation# there must be a substantial breach of the conditions in the deed' Mere casual breaches will not warrant reocations' !) ulo $) 6ishop" )onsidering that the donee’s acts did not detract from the ery purpose for which the donation was made but precisely to achiee such purpose !of the donation"# a lac9 of prior written consent of the donor !which was a condition of the donation" would only constitute casual breach of the deed' !) ulo" •
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Art& 2.4& The $onation is #er"ecte$ "rom the moment the $onor -nows o" the acce#tance y the $onee& H0). 3erfection of donation
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/here is no donation without acceptance by the donee' Acceptance is indispensable because nobody is obliged to receie a benefit against his will' 4ts absence ma9es the donation null and oid' /he acceptance must be made during the lifetime of the donor and the donee' 3erfection ta9es place# not from the time of acceptance by the donee# but from the time it is made 9nown# actual or constructiely# to the donor' 4f the donation and acceptance are in the same public instrument# signed by both and in the presence of witnesses# the donation is deemed already perfected inasmuch as 9nowledge of the acceptance is established by the instrument itself' 4f acceptance was made in a separate instrument# there must be proof that a formal notice of such acceptance was receied by the donor# and in case the donation inoles immoable property# noted in both the deed of donation and the separate instrument embodying the acceptance' !ee Art I@K"
re%uirement that the acceptance of the donation by the donee be communicated to the donor' !$epublic ilim"
:;APTER ) PERSONS <;O MAY >IVE OR RE:EIVE A 8ONATION Art& 2.*& All #ersons who may contract an$ $is#ose o" their #ro#erty may ma-e a $onation& H0)4 )apacity of donor to contract and dispose of property /he donor must hae both the capacity to contract and the capacity to dispose of his property in order that he may ma9e a donation' /hose who cannot gie consent to a contract cannot be donors5 and donation made by one who does not hae the free disposal of the thing donated and to alienate it shall not be alid' 4t is possible# howeer# for a person to hae capacity to contract but not the capacity to dispose of property' •
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What if there is reocation? 4f the donor reo9es the donation before learning of the acceptance by the donee# there is no donation' 6ut once it is perfected# it cannot be reo9ed without the consent of the donee except8 &' 4nofficiousness !Art IH;" *' Cailure of the donee to comply with the charges imposed in the donation !Art IH@" -' 4ngratitude !Art IH<" •
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4s registration necessary? As between the parties to the donation and their assigns# it is not needed for its alidity and efficacy' !6ut it must be in a public document for immoables>" 6ut for third parties to be bound# there must be registration' •
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)ase doctrines /he purpose of the formal re%uirement for acceptance of a donation is to ensure that such acceptance is duly communicated to the donor' /he actual 9nowledge by the donor of the construction and existence of the school building pursuant to the condition of the donation fulfills the legal •
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(nder the Camily )ode# eery donation between spouses during the marriage shall be oid except moderate gifts on the occasion of any family rejoicing' /he prohibition applies also to persons liing together as husband and wife without a alid marriage# or in illicit relations' =either spouse may donate any community property nor conjugal partnership property without the consent of the other# except moderate donations for charity or on occasion of family rejoicing or family distress'
)an corporations ma9e donations? es' 6ut they can’t gie donations to aid any political party or candidate or for purposes of partisan political actiity' •
Who are incapacitated to donate? &' Minors *' 4nsane or demented persons -' Deaf7mutes who do not 9now how to write @' )orporations !with regard to gi ing donations to aid any pol itical party" <' Guardians and trustees !with regard to property entrusted to them" H' pouses !to each other# except moderate gifts" I' A spouse !to others without the consent of the ot her spouse# except moderate donations"
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Art& 2.0& >,ar$ians an$ tr,stees cannot $onate the #ro#erty entr,ste$ to them& Hn Donation by a guardian or trustee of ward’s property Generally# guardians and trustees cannot be donors of their ward’s properties for the simple reason that they are not the owners of the same' .xception8 With respect to the trustee# donation is permitted notwithstanding that the trustee receies nothing in exchange directly# if the donation is onerous and is beneficial to the beneficiary' •
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Generally# all persons# whether natural or artificial# may be donees' A donee need not be sui juris# with complete legal capacity to bind himself by contract' As long as he is 0not specially dis%ualified by law1# he may accept donations' o# donations may be made to8 &' 4ncapacitated persons such as minors and others who cannot enter into a contract# *' and also to conceied and unborn children'
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Art& 2.2& The $onorJs ca#acity shall e $etermine$ as o" the time o" the ma-ing o" the $onation& Hn )apacity of donor at time of ma9ing the donation /he donation is perfected from the moment the donor 9nows of the •
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acceptance by the donee' Eoweer# this article seems to imply that the donor’s capacity must exist at the time of ma9ing the donation and not from the time of 9nowledge by the donor of the acceptance# that is# at the perfection of the act A juridical absurdity arises in case the donor has no capacity to act at the time the acceptance is coneyed to him' ince legally# the donor cannot be said to hae 9nowledge of the acceptance# there can be no perfection of the donation which presupposes a meeting of the minds between the donor and the donee who are both capacitated' /o aoid the apparent contradiction# the phrase 0ma9ing of the donation1 should be construed to mean 0perfection of the donation1 Eence# the donation would be alid# although the donor was insane at the time he signs the deed of donation or informs the donee of the donation but sane when he learns of the acceptance' /he donor may as9 for annulment of the donation if he so desires /he subse%uent incapacity of the donor does not affect the alidity of the donation' /his is similar to the rule in succession'
Art& 2.5& Al those who are not s#ecially $is6,ali"ie$ y law there"or may acce#t $onations& H0)* )apacity of the donee
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Art& 2.7& The "ollowing $onations shall e 'oi$% H1 Those ma$e etween #ersons who were g,ilty o" a$,ltery or conc,inage at the time o" the $onation( H) Those ma$e etween #ersons "o,n$ g,ilty o" the same criminal o""ense+ in consi$eration thereo"( H. Those ma$e to a #,lic o""icer or his wi"e+ $escen$ants an$ ascen$ants+ y reason o" his o""ice& In the case re"erre$ to in No& 1+ the action "or $eclaration o" n,llity may e ro,ght y the s#o,se o" the $onor or $onee( an$ the g,ilt o" the $onor an$ $onee may e #ro'e$ y #re#on$erance o" e'i$ence in the same action& Hn Donations oid on moral grounds /his article declares null and oid ab initio the donations referred to' •
What are the different oid donations? &' 6etween persons who were guilty of adultery and concubinage at the time of the donation *' 6etween persons found guilty of the same c riminal offense# in consideration thereof -' Made to a public officer or his wife# descendants and ascendants# by reason of his office @' 6etween spouses during the marriage# except moderate gifts which they may gie each other on the occasion of any family rejoicing !Art I# Camily )ode" <' Donations of community property by a spouse without the consent of the other# except moderate donations !Art K# Camily )ode" H' Donations of conjugal partnership property by a spouse without the consent of the other# except moderate donations !Art &*<# Camily )ode" I' Donations to those proided for in Article I@;# in cross reference to
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Art &;*I and &;-*' Donations accepted by agents without special authority to do so !Art I@<" Donations of immoables which don’t conform to the form prescribed in Art I@K
Donations between persons guilty of adultery and concubinage /he ciil action for declaration of nullity may be brought after the persons inoled hae been found guilty by final judgment in a criminal proceeding of adultery or concubinage' 4n iew of the last paragraph# coniction for adultery or concubinage in a criminal action is not essential' /he guilt of the donor and the donee may be proed by a mere preponderance of eidence in a ciil proceeding to nullify the donation# alleging the adultery or concubinage as the cause of action for the declaration of nullity' /he donation is oid# whether made before or after the illicit relations# if gien in consideration thereof# either as inducement or compensation' •
an unlawful cause' Donations made to a pubic officer# by reason of his office 4ndirect bribery> /he guilt need not be established by proof beyond reasonable doubt in a criminal proceeding for bribery' A ciil action to declare the donation oid may be maintained by the proper party in interest' Donations made to persons other than those mentioned are alid# unless# of course# they are intended for the public officer' •
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What if the donation is gien in contemplation of the termination of the relationship# is the donation still oid? ince the purpose is praiseworthy# good for all concerned# it should o be considered alid' /his is particularly true when the woman !donee" was a ictim of o deceit by the man' o Eoweer# where the illicit relation was oluntary# and the donation was demanded by the woman as a price of the termination of their relationship# the donation is oid' What if the concubine did not 9now that the man she lied with was actually married? /hen she is not guilty of concubinage and not dis%ualified from the o donation'
Donations between persons found guilty of t he same criminal offense /his rules presupposes prior criminal coniction in a criminal action5 hence proof of guilty by mere preponderance of eidence is not sufficient' /he donation here is remuneratory or onerous' 4t is oid whether made before or after the commission of the crime if it is in consideration thereof' 4t is still oid although the crime is not carried out because it is based on •
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Art& 249& Inca#acity to s,ccee$ y will shall e a##licale to $onations inter 'i'os& Hn 4ncapacity to succeed by will /his article expressly ma9es the proisions on incapacity to succeed by will applicable to donations inter vivos f course# they are also applicable to donationsmortis causa which are goerned by the law on succession According to Art &;*I# the following are incapable of becoming donees8 &' /he priest who heard the confession of the donor during his last illness# or the minister of the gospel who extended spiritual aid to him during the same period *' /he relaties of such priest or minister of the gospel within the fourth degree# the church# order# chapter# community# organiation# or institution to which such priest or minister may belong -' A guardian with respect to donations gien by a ward in his faor before the final accounts of the guardianship hae been approed# een if the donor should die after the approal thereof5 neertheless# any proision made by the ward in faor of the guardian when the latter is his ascendant# descendant# brother# sister# or spouse# shall be alid @' Any physician# surgeon# nurse# health officer or druggist who too9 care of the donor during his last illness <' 4ndiiduals# associations# and corporations not permitted by law to inherit' According to Art &;-*# there are certain people who are deemed incapable to inherit by reason of unworthiness' /he donation made to a person who falls under any of its proisions is alid if the donor had 9nowledge of the act of unworthiness or haing 9nown it subse%uently# •
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he should condone the same in writing' .en in the absence of pardon# the donation is not subject to reocation because donations may be reo9ed only for causes mentioned in Articles IH;# IH@ and IH<' o# who are these people? &' 3arents who hae abandoned their children or induced their daughters to lead a corrupt or immoral life# or attempted against their irtue5 *' Any person who has been conicted of an attempt against the life of the testator# his or her spouse# descendants# or ascendants5 -' Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more# if t he accusation has been found groundless5 @' Any heir of full age w ho# haing 9nowledge of the iolent death of the testator# should fail to report it to an officer of the law within a month# unless the authorities hae already ta9en action5 this prohibition shall not apply to cases wherein# according to law# there is no obligation to ma9e an accusation5 <' Any person conicted of adultery or concubinage with the spouse of the testator5 H' Any person who by fraud # iolence# intimidation# or undue influence should cause the testator to ma9e a will or to change one already made5 I' Any person who by the same means preents another from ma9ing a will# or from reo9ing one already made# or who supplants# conceals# or alters the latterSs will5 ' Any person who falsifies or forges a supposed will of the decedent'
9# tell me more about donations to minors and others without capacity to contact Donation re%uires acceptance by the donee' 4f the donee is a minor or without capacity to enter into a contract# the acceptance must be made by the parents or legal representatie of the donee' /his is especially true if the donation is onerous or imposes a charge or burden' 4t is clear that the donee may not alidly accept a donation although it imposes no burden' 4n any case# when a formal or written acceptance is re%uired by the donor# such acceptance must be made by the parents or legal representatie' • •
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Art& 24)& 8onations ma$e to concei'e$ an$ ,norn chil$ren may e acce#te$ y those #ersons who wo,l$ legally re#resent them i " they were alrea$y orn& H0)2 )an you donate to conceied and unborn children? es> De :eon once again states the obious by saying# 0A conceied and unborn child cannot accept a donation because it is not yet a natural person'1 /he acceptance must be made by those persons who would legally represent them if they were already born' • •
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Who are incapable of becoming donees? &' 3ersons guilty of concubinage or adultery at the time o f donation !but only between them" *' 3ersons found guilty of the sa me criminal offense# in consideration thereof !but only between them" -' 3ublic officers# etc by reason of their office @' /hose mentioned in Art &;*I <' /hose mentioned in Art &;-* !unworthy people"
Art& 24.& 8onations ma$e to inca#acitate$ #ersons shall e 'oi$+ tho,gh sim,late$ ,n$er the g,ise o" another contract or thro,gh a #erson who is inter#ose$& H0)5
Art& 241& Minors an$ others who cannot enter into a contract may ecome $onees ,t acce#tance shall e $one thro,gh their #arents or legal re#resentati'es& H0)0a
Art& 244& 8onations o" the same thing to two or more $i""erent $onees shall e go'erne$ y the #ro'isions concerning the sale o" the same thing to two or more $i""erent #ersons& Hn
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Who are the incapacitated persons referred to here? /hey are those specially dis%ualified by law t o become donees# such as those in Articles I-K and I@;' Donations to such persons are oid een if simulated under the guise of another contract or through an intermediary' •
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Donations of the same thing to different donees •
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/his article expressly ma9es applicable by analogy the rules on salesof the same thing to two ore more different endees' Eoweer# this article has had its sure of criticism' ee boo9'
Art& 24*& The $onee m,st acce#t the $onation #ersonally+ or thro,gh an a,thorie$ #erson with a s#ecial #ower "or the #,r#ose+ or with a general an$ s,""icient #ower( otherwise+ the $onation shall e 'oi$& H0.9
perfected' Eow about for mortis causa5 Donations mortis causa are accepted only after the donor’s death because they parta9e of a will# and are goerned by the rules on succession' 4f the acceptance was made before the donor’s death# the donation mortis causa although alidly executed# cannot be gien force and effect' uch acceptance is oid' !6ut is the donation oid? )an there be a subse%uent acceptance after the death of the donor?" •
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Who must accept the donation? &' /he donee personally# or *' An authoried person or an agent# with a special power for the purpose# or with a general and sufficient power
Art& 242& Persons who acce#t $onations in re#resentation o" others who may not $o so y themsel'es+ shall e olige$ to ma-e t he noti"ication an$ notation o" which Article 247 s#ea-s& H0.1
4f not? /hen# the donation is oid'
When does this article apply? &' When acceptance is made th rough the parents# legal representatie# or authoried agent of the donee5
Does the parent o% a minor need a special power %or the purpose o% accepting a donation5 3robably not# a parent is not considered an agent of a minor' /hey are considered legal guardians' !6ut 4’m not sure'"
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Art& 240& Acce#tance m,st e ma$e $,ring the li"etime o" the $onor an$ o" the $onee& Hn When should acceptance be made for inter vivos? A donation inter vivos ta9es effect during the lifetime of the donor and the donee# and to ta9e effect# it must be accepted by the donee' Eence# acceptance by the donee !or his representatie" must be made during his lifetime and that of the donor' .en if the donation is made during their lifetime# but t he donor dies before the acceptance is communicated to him# the donation is not •
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0Art' &<@@' 4f the same thing should hae beendonated to differentdonees# the ownership shall be transferred to the person who may hae first ta9en possession thereof in good faith# if it should be moable property' hould it be immoable property# the ownership shall belong to the person ac%uiring it who in good faith first recorded it in the $egistry of 3roperty' hould there be no inscription# the ownership shall pertain to the person who in good faith was first in the possession5 and# in the absence thereof# to the person who presents the oldest title# proided there is good faith'1
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/he property donated is immoable# and /he acceptance is not made in the same deed of donation but in a separate public instrument' /he re%uirement of notification of the donor and notation in both instruments that such notification has been made is necessary for the alidity and perfection of the donation'
Art& 245& The $onation o" a mo'ale may e ma$e orally or in writing& An oral $onation re6,ires the sim,ltaneo,s $eli'ery o" the thing or o" the $oc,ment re#resenting the right $onate$& I" the 'al,e o" the #ersonal #ro#erty $onate$ e/cee$s "i'e tho,san$ #esos+ the $onation an$ the acce#tance shall e ma$e in writing+ otherwise+ the $onation shall e 'oi$& H0.)a What are the rules for the formalities for donations for moables? When the alue of property exceeds 3<;;;# the donation and the acceptance must always be made in writing5 otherwise the donation is oid# een if there is simultaneous deliery of the thing' /he donation and the acceptance need not be made in a public o instrument# nor is it necessary that the acceptance be made in the same deed of donation' •
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When the alue of property is 3<;;; or less# it may be made orally or in writing' 4f made orally# there must be simultaneous deliery of the thing or o of the document representing the right donated# otherwise# the donation is oid' /here must be acceptance which may be oral or written' /he receipt of the deliery by the donee constitutes implied acceptance' 4f made in writing# the donation is alid although there is no o simultaneous deliery' Again# there must be acceptance which may also be made orally or in writing' 4n eery case# the acceptance of the donee must be made 9nown to the donor for perfection of a donation to ta9e place'
Art& 247& In or$er that the $onation o" an immo'ale may e 'ali$+ it m,st e ma$e in a #,lic $oc,ment+ s#eci"ying therein the #ro#erty $onate$ an$ the 'al,e o" the charges which the $onee m,st satis"y& The acce#tance may e ma$e in the same $ee$ o" $onation or in a se#arate #,lic $oc,ment+ ,t it shall not ta-e e""ect ,nless it is
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$one $,ring the li"etime o" the $onor& I" the acce#tance is ma$e in a se#arate instr,ment+ the $onor shall e noti"ie$ thereo" in an a,thentic "orm+ an$ this ste# shall e note$ in oth instr,ments& H0.. •
Cormalities for donation of immoables /his article does not apply to onerous donations since they are goerned by the laws of obligations and contracts Donation of real property# which is a solemn contract# is oid without the formalities stated in Article I@K •
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o# what are the rules? When donation and acceptance are in the same instrument# the re%uirements are8 &' /he donation must be in a public document or instrument5 and *' /he instrument must specify the property donated and the charges# if any# which the donee must satisfy' When the donation and acceptance are in separate instruments# the re%uirements are8 &' /he donation must be in a public document or instrument5 *' /he instrument must specify the property donated and the charges# if any# which the donee must satisfy •
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/he acceptance by the donee must be in a public document 4t must be done during the lifetime of the donor /he donor must be notified in authentic form of the acceptance of the donation in a separate instrument5 and /he fact that such notification has been made must be noted in both instruments' 6ut see the $ep ilim case wherein the notification was not o noted in the instrument# but still# the ) ruled that the donation was alid'
/he donation of real property in a priate instrument is null and oid# and the donee may not compel the donor to execute a public instrument !&- Cuture property is anything which the donor cannot dispose of at t he time of the donation' 4n other words# it is property that belongs to others at the time the donation is made and it is immaterial that it may subse%uently belong to the donor' •
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Art' *' Donations by reason of marriage are those which are made before its celebration# in consideration of the same# and in faor of one or both of the future spouses' !&*H"
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=obody can dispose of that which does not belong to him' =emo emo' *uture inheritance cannot be donated because it is future property but upon the death of his predecessor# the inheritance ceases to be future and conse%uently# may be the object of donation een if the properties constituting the inheritance hae not yet been deliered' 3roperty# the ac%uisition of which by the donor depends upon the fulfillment of a suspensie condition# may be donated because# although the property may be as to him still 0future property1# the effects of the fulfillment of the condition shall retroact to the day of the constitution of the contract' Another reason is that the donor by desisting to ac%uire a future property donated would be reo9ing the donation contrary to the rule that donations inter vivos are irreocable sae for causes proided by
Art' -' /hese donations are goerned by the rules on ordinary donations established in /itle 444 of 6oo9 444 of the )iil )ode# insofar as they are not modified by the following articles' !&*Ia" Art' @' 4f the future spouses agree upon a regime other than the absolute community of property# they cannot donate to each other in their marriage settlements more than one7fifth of their present property' Any excess shall be considered oid' Donations of future property shall be goerned by the proisions on testamentary succession and the formalities of wills' !&-;a" Art' <' Donations by reason of marriage of property subject to encumbrances shall be alid' 4n case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured# the donee shall not be liable for the deficiency' 4f the property is sold for more than the total amount of said obligation# the donee shall be entitled to the excess' !&-&a"
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law' )ase doctrine A donor cannot lawfully coney what is not his property' Where a parcel of land was the registered property of another# and the donee failed to show how her donor ac%uired it from the registered owner# it is held that the donor has no right# title or interest in said land which he could lawfully coney' •
Donation to seeral donees jointly /he rules are as follows8 &' /he donation is understood to be in e%ua l shares# unless the donor has proided otherwise' *' /here shall be no right of accretion among the donees# unless the donor has otherwise proided' -' 4f the donees are husband and wife# there shall be aright of accretion# if the contrary has not been proided by the donor' 4f there is no accretion among the donees# one cannot accept independently for his co7donee who is not present' •
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Art& 2*)& The #ro'isions o" Article 2*9 notwithstan$ing+ no #erson may gi'e or recei'e+ y way o" $onation+ more than he may gi'e or recei'e y will& The $onation shall e ino""icio,s in all that it may e/cee$ this limitation& H0.0 Amount of donation limited to what donor may gie by will Article I<* ma9es applicable to donations the limitation on testamentary •
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disposition with respect to the amount thereof' /he limitation is really on the right of the donor to gie rather than on the right of the donee to receie' A person may not donate more than he can gie by will and a person may not receie by way of donation more than what the donor is allowed by law to gie by will5 otherwise# the donation shall be inofficious and shall be reduced with regard to the excess' /he limitation applies where the donor has forced or compulsory heirs' /he purpose is not to diminish the legitimes to which they are entitled' 6ut the limitation is enforceable only after the death of the o donor because it is only then when it can be determined whether or not the donation is inofficious5 by contrasting its alue with the net alue of the estate of the donor deceased' /he donation is alid during the lifetime of the donor' o
Art& 2*.&
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of the thing donated or some amount or income thereof' /he donation is actually conditional# and the condition is fulfilled if the donor dies without exercising the right he resered# either by actsinter vivos or mortis causa3
$on donates to Earry a house and an apartment with the proision that $on could sell the house and gie the rents !or a portion" of the apartment for < years to Cran9' /he donation of the house with a reseration of the right to dispose should be considered mortis causa# and therefore# must follow the formalities prescribed for ma9ing a will' /he donation of the apartment is inter vivos3 Art& 2*0& The ownershi# o" #ro#erty may also e $onate$ to one #erson an$ the ,s,"r,ct to another or others+ #ro'i$e$ all the $onees are li'ing at the time o" the $onation& H049a =a9ed ownership and usufruct separately donated /he donor may donate separately the na9ed ownership !dominium •
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directum" to one person and the usufruct !dominium utile" to another' /o be alid# the donee must be 0liing at the time of the donation1# which is to be understood to refer to the time of the perfection of the donation' A donation to a child who was not yet conceied at the time it was made is oid' 4f the property donated is immoable# the formalities for donations of real property must be complied with'
Art& 2*2& Re'ersion may e 'ali$ly estalishe$ in "a'or o" only the $onor "or any case an$ circ,mstances+ ,t not in "a'or o" other #ersons ,nless they are all li'ing at the time o" the $onation& Any re'ersion sti#,late$ y the $onor in "a'or o" a thir$ #erson in 'iolation o" what is #ro'i$e$ in the #rece$ing #aragra#h shall e 'oi$+ ,t shall not n,lli"y the $onation& H014a Donation with proision for reersion /he donor may proide for reersion# whereby the property shall go bac9 to the donor or some other person' 4t may be alidly established for any case and circumstances' 4f the reision is in faor of other persons# they must be liing at the time of the donation' /hus# a reersion in faor of an unconceied child is oid# but such •
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Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
nullity shall not inalidate the donation' /he reersion which is merely an accessory clause is simply disregarded'
Art& 2*5&
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to donations propter nuptiasfor they are reocable only for the causes proided in the Camily )ode 2 see Art H of the Cam )ode<' 4t is applicable when the donor# at the time he made the donation# did not hae any child or descendant or erroneously thought so5 otherwise# Article II& in relation to Article I<* shall apply' .ery donation is subject to reocation or reduction by the happening of any of the eents mentioned which are in the nature of implied resolutory conditions'
6irth of a child Eere# the donor had no child whether legitimate# legitimated# or illegitimate at the time of the donation# and t hereafter# a child was born een if posthumous' What if the child was already conceied but not yet born# what proision •
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Art' H' A donation by reason of marriage may be reo9ed by the donor in the following cases8 !&" 4f the marriage is not celebrated or judicially declared oid ab initio except donations made in the marriage settlements# which shall be goerned by Article &5 !*" When the marriage ta9es place without the consent of the parents or guardian# as re%uired by law5 !-" When the marriage is annulled# and the donee acted in bad faith5 !@" (pon legal separation# the donee being the guilty spouse5 !<" 4f it is with a resolutory condition and the condition is complied with5 !H" When the donee has committed an act of ingratitude as specified by the proisions of the )iil )ode on donations in general' !&-*a"
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should apply# Article IH; or II&? 4t depends' o 4f the donor was aware of such conception# Article II&' Eence# o he cannot reo9e the donation upon the birth of the child' 6ut# if he did not 9now of such conception when he made the o donation# the situation is similar to the appearance of an absent child thought by the donor to be dead' Cor purposes of the law# he had no child' /he rule is that a conceied child is considered born for all purposes faorable to it' ince to consider the child as already born would ma9e the donation irreocable and would be unfaorable to it# the subse%uent birth of the child should reo9e or reduce the donation' Appearance of a child 4n this case# the donor had only one child whom he belieed to hae already died at the time of t he donation' •
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/he note says 0child1# so the subse%uent appearance of a descendant# li9e a grand9id# would not reo9e the donation 6ut the donation may be reduced under Article II& as o inofficious if it impairs the legitime of the descendant'
Adoption of a child /he subse%uent adoption of a minor child is also a ground for the reocation or reduction of a donation' 4t’s an exception to the rule that a donationinter vivos shall be irreocable by the donor' Again# the law says 0minor child15 hence the adoption of a person of majority age although it is allowed in certain cases is not a ground under =o' -' •
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)ase doctrine $eocation upon birth of a child and return of property to donor are not self7operatie or self7executory' /here is a need for judicial action' !racion uanillo" •
Art& 201& In the cases re"erre$ to in the #rece$ing article+ the $onation shall e re'o-e$ or re$,ce$ inso"ar as it e/cee$s the #ortion that may e "reely $is#ose$ o" y will+ ta-ing into acco,nt the whole estate o"
Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
the $onor at the time o" the irth+ a##earance or a$o#tion o" a chil$& Hn .xtent and basis of reocation or reduction #irth, appearance, or adoption o% a child3 A person may not gie by way of donation more than he may gie by will' /he amount subject to reocation or reduction is# therefore# the excess oer the portion that may be freely disposed of by will' /he basis of reocation or reduction is the alue of the whole estate of the donor at the t ime of the birth# appearance# or adoption of a child# and not at the time of the death of the donor as in the case of inofficious donations under Article II&' /o the alue of the estate shall be added the alue of the o donation at the time it was made because it would hae been still part of the estate had not the donation been made' /he burden of proof is on the plaintiff7donor who must allege and establish the re%uirements prescribed by law' n the case o% ino%%icious donations3 What is sought to be protected by Article IH; is only the prospectie or presumptie legitime of the child because that is the only portion which cannot be disposed of' 4f the donation does not exceed the free portion at the time of the birth# appearance# or adoption# there will be no reocation or reduction but it may still be reduced under Article II& if it cannot be coered by the free portion computed as of the time of the donor’s death' •
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:et us suppose $on who was then childless# donated a property worth 3<; to .rin# a close 0friend'1 ubse%uently# a child was born to $on whose estate at the time was 3-;' Eis t otal estate then including the alue of the property donated was 3;' ince the legitime of a legitimate child is P of the estate or 3@;# and therefore# the free portion is also 3@;# the donation must be reduced by 3&;' 6ut if the alue of the estate was 3I;# the donation is not reo9ed or reduced because it does not exceed the free portion of 3H; T!3I; + <;"L*U' Eoweer# should the estate of $on be less than 3<;# excluding the 3<; donation# at the time of his death !for example# 3@;"# it shall be subject to reduction to the extent that it is inofficious !i'e' 3<; 2 3@< T!3<;+3@;L*" V 3<;" under article II&' )ase doctrines
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Donor has the burden to allege and establish the re%uirements prescribed by law for which the annulment or reduction of the donation can be based' !)ru )A"
Art& 20)& C#on the re'ocation or re$,ction o" the $onation y the irth+ a##earance or a$o#tion o" a chil$+ the #ro#erty a""ecte$ shall e ret,rne$ or its 'al,e i" t he $onee has sol$ the same& I" the #ro#erty is mortgage$+ the $onor may re$eem the mortgage+ y #aying the amo,nt g,arantee$+ with a right to reco'er the same "rom the $onee&
3rescription of action for reocation or reduction /he donation is reo9ed ipso jure by operation of law# by the happening of any of the eents mentioned in Article IH;' o Eence# it is not really essential that an action be brought to reo9e the donation' 6(/# the reocation is not self7operatie or self7executory' o 4f the donee should refuse to comply with his obligation under Article IH*# resort to judicial action is necessary under Article IH-' 6ut since it is the law itself that declares the reocation# the action is strictly not an action to reo9e but one to hae the court expressly declare the reocation which has already ta9en place by operation of law' /he period within which to bring the action is @ years' /he time to start counting depends upon the cause8 6irth of the first child5 o Crom time of legitimation# recognition or adoption5 or o Crom judicial declaration of filiation o Crom the time information was receied regarding the o existence of the child belieed dead' =ot from the actual appearance of the absent child' 4f the donor dies within the period# the action is transmitted to his legitimate and illegitimate children and descendants !not the spouse or ascendants of the donor"' 4n case more than one cause or ground for reocation or reduction concur# the period of prescription must run from the earliest cause' $eduction of a donation upon the allegation of impairment of legitime is not controlled by a particular prescriptie period for which reason the period shall be goerned under the ordinary rules of prescription' (nder Article &&@@# the action must be brought within &; years from the time the right of action accrues# which is the death of the donor' /he action cannot be waied' !)ompare to the next article>" •
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Art& 204& The $onation shall e re'o-e$ at the instance o" the $onor+ when the $onee "ails to com#ly with any o" the con$itions which the "ormer im#ose$ ,#on the latter& In this case+ the #ro#erty $onate$ shall e ret,rne$ to the $onor+ the alienations ma$e y the $onee an$ the mortgages im#ose$ thereon y him eing 'oi$+ with the limitations estalishe$+ with regar$ to thir$ #ersons+ y the Mortgage Law an$ the Lan$ Registration Laws& This action shall #rescrie a"ter "o,r years "rom the noncom#liance with the con$ition+ may e transmitte$ to the heirs o"
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the $onor+ an$ may e e/ercise$ against the $oneeJs heirs& H042a Cailure to comply with conditions A donation may be reo9ed in case of failure of the donee to comply with 0any of the conditions1 imposed by the donor upon him' /he word 0conditions1 actually refers to obligations# charges# or burdens imposed by the donor5 it may also refer to a resolutory condition' Eence# what is contemplated are onerous or modal donations' f course# it implies that there is an existing donation' /he condition must be fulfilled within the period fixed by the donor' =o period? /he court shall determine such period as may hae o been contemplated by the donor' 4n case the donee fails to comply# the property donated reerts to the donor# along with the fruits of the property which the donee may hae receied after haing failed to fulfill the condition' 4f the property has been alienated or mortgaged# the alienation or mortgage shall be oid (6.)/ to the rights of innocent third persons under registration laws who may hae ta9en the property donated without notice of the condition imposed' !3ublic policy baby>" 4n case of non7fulfillment by the donee of any of the conditions imposed by the donor# the donation shall be reo9ed at the instance of the donor' 6ut# the donor may instead file for an action of specific o performance to compel the donee to comply with the conditions' /he action must be brought within @ years from the non7compliance with the condition 2 it can only be brought by the donor or his heirs against the donee’s heirs !compare to Articles IHK and II;"' /he death of the donor or the donee does not bar the action to reo9e for failure of the donee to comply with the conditions# proided the prescriptie period has not yet expired' (nli9e the action for reocation or reduction under Article IH-# the action may be waied because the condition is purely contractual in nature' •
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case# upon the iolation# the donation is automatically reo9ed# without need of a judicial declaration' .xcept where the donee denies the donor’s right to rescind# in o which case# judicial interention is necessary to determine whether or not the rescission is proper' 4n the absence of an agreement in the donation proiding of an automatic rescission# a judicial declaration reo9ing said donation will be necessary'
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4s court action necessary? 4n any case# a court action is necessary if the donee refuses to return the property or to comply with the conditions' /he deed of donation# howeer# may proide that iolation of any of its conditions shall cause the automatic rescission of the contract' 4n such •
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Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
)ase doctrines When land is donated on seeral express conditions# acceptance by the donee will be understood to include all of the conditions not umista9ably rejected' !6arreto Manila" When the donee has entered into possession of the property# effect will be gien to the donation according to the terms of the offer and acceptance# although the formal deed has not been executed' !6arreto" 4f there is no fulfillment with the resolutory condition# the donation may now be reo9ed and all rights which the donee may hae ac%uired under it shall be deemed lost and extinguished' !)entral 3hil (niersity )A" Article IH@ does not apply to onerous donations because onerous donations are goerned by the rules of )ontracts' Eence# the prescription period is &; years# not @ years' !De :una Abrigo" While courts are gien the power to fix the duration when the o condition is to be fulfilled when none is gien# if the facts show that a reasonable period has already been allowed the donee to aail of the opportunity to comply with the condition# then the courts will no longer gie the donee a period' !)entral 3hil (ni" /he legal possibility of bringing the action begins with the o expiration of a reasonable opportunity of the donee to fulfill what has been charged upon it by the donor' !ec of .ducation Eeirs of Dulay" =othing in law prohibits parties from entering into an agreement that iolation of the terms of the contract would cause cancellation thereof een without court interention' 4n cases li9e these# judicial interention is necessary not for o purposes of obtaining a judicial declaration rescinding a contract already deemed rescinded but in order to determine whether or not the rescission was proper' !De :una" When the deed of donation expressly proides for automatic rescission •
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and reersion of the property donated# the rules on contract and the general rules on prescription should apply# not IH@' !$oman )atholic Archbishop of Manila )A" A donor cannot reo9e the donation on the grounds for non7 o compliance of an impossible condition' !Archbishop of Manila )A" A declaration of petitoner’s absolute ownership appears legally possible only when the deed of donation is contextually declared peremptorily reo9ed' !Dolar 6arangay :ublub" /he act of selling property to a -rd party cannot be considered as a alid act of reocation of the deed of donation for the reason that a formal case to reo9e the donation must be f iled which spea9s of anaction that has a prescriptie period of @ years from non7compliance with the condition' 4n this case# there was no proision of automatic rescission# thus placing the case within the ambit of Article IH@' !Austria7Magat )A" When the donation is onerous and does not fix a period to comply with the condition# the courts should fix a period to uphold the greatest reciprocity of rights' 4f it is gratuitous# then they should not# to uphold the least reciprocity of rights and interests' 4t’s important to determine whether or not t he donation is onerous or not so that we 9now what law to apply'
Art& 20*& The $onation may also e re'o-e$ at the instance o" the $onor+ y reason o" ingratit,$e in the "ollowing cases% H1 I" the $onee sho,l$ commit some o""ense against the #erson+ the honor or the #ro#erty o" the $onor+ or o" his wi"e or chil$ren ,n$er his #arental a,thority( H) I" the $onee im#,tes to the $onor any criminal o""ense+ or any act in'ol'ing moral t,r#it,$e+ e'en tho,gh he sho,l$ #ro'e it+ ,nless the crime or the act has een committe$ against the $onee himsel"+ his wi"e or chil$ren ,n$er his a,thority( H. I" he ,n$,ly re",ses him s,##ort when the $onee is legally or morally o,n$ to gi'e s,##ort to the $onor& H045a $eocation by reason of ingratitude of the donee Article IH< does not apply to donations mortis causa and onerous donations' A donation propter nuptiasmay be reo9ed by the donor when t he donee has committed an act of ingratitude as specified in Article IH<' •
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/he enumeration is exclusie and cannot be enlarged' /he act of ingratitude must hae been committed by the donee himself because the duty of gratitude is personal' An act imputable to the husband or wife or the hot mistress of the donee is not a ground for reocation'
ffense against the donor# etc )riminal coniction is not needed' 4t is sufficient that the offense be proed by mere preponderance of eidence in the action for reocation' 4f the offense is committed against a child who is no longer under parental authority# the donation cannot be reo9ed' •
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4mputation to donor of any criminal offense# etc 4t is immaterial that the donee can proe his accusation or substantiate his testimony against the donor' /he exception is when the crime has been committed against o the donee himself# his wife or children under his parental authority' o /he act inoling moral turpitude may not amount to a crime' •
$efusal to support the donor /here are two re%uisites8 &' /he refusal to support the donor must be undue# that is# without just reason5 and *' /he donee must be legally or morally bound to support the donor' =ote that ingratitude extends beyond failure to do a legal duty to support and includes a moral duty to help' !donee is a friend who is penniless and as9s for help# and the donor shuns her away li9e a scorned loer'" •
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)ase doctrine All crimes which offend the donor show ingratitude and are causes for reocation' Any crime under the $eised 3enal )ode is one inoling moral turpitude' !pouses $omulo )A" •
Art& 200& Altho,gh the $onation is re'o-e$ on acco,nt o" ingratit,$e+ ne'ertheless+ the alienations an$ mortgages e""ecte$ e"ore the notation o" the com#laint "or re'ocation in the Registry o" Pro#erty shall s,sist& Later ones shall e 'oi$& H047
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Art& 202& In the case re"erre$ to in the "irst #aragra#h o" the #rece$ing article+ the $onor shall ha'e a right to $eman$ "rom the $onee the 'al,e o" #ro#erty alienate$ which he cannot reco'er "rom thir$ #ersons+ or the s,m "or which the same has een mortgage$& The 'al,e o" sai$ #ro#erty shall e "i/e$ as o" the time o" the $onation& H0*9 .ffect of reocation on prior alienations and mortgages % by non1compliance 4n case of reocation of a donation by non7compliance by the donee with any of the conditions imposed# alienations and mortgages made by the donee are oid# subject only to the rights of innocent third persons' /he donor can recoer from the donee8 nly the alue of the property donated at the time of the perfection o of the donation# $ /he sum for which it was mortgaged' o $ecoery cannot be had against the third person unless he acted in bad •
.rin# or the pending action by $on# the sale should not be considered alid because /ara acted in bad faith# and so $on can recoer the land from her' Art& 205&
resere sufficient means for support"# or he donated more than he could gie by will# then only the fruits accruing from the filing of the complaint need be returned' 4t can be implied that the donation remains alid up to the time of the filing of the complaint' 4f the cause is the non7fulfillment of any of the conditions imposed in the donation# the fruits must be returned from the time of the breach of the condition' /he donation shall also return the property donated' 4n case of inofficious donation which exceeds the free disposal by will# the donation ta9es effect during the lifetime of the donor# the donee appropriates the fruits# and the reduction may be as9ed only after the donor’s death'
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Art& 207& The action grante$ to the $onor y reason o" ingratit,$e cannot e reno,nce$ in a$'ance& This action #rescries within one year+ to e co,nte$ "rom the time the $onor ha$ -nowle$ge o" the "act an$ it was #ossile "or him to ring the action& H0*) $enunciation and prescriptie period of action by reason of ingratitude /he action granted to the donor for reocation by reason of ingratitude# li9e the action based on the birth# appearance# or adoption of a child •
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cannot be renounced in adance' What the law prohibits is waier# prior to the commission of the act of ingratitude' A past ingratitude can be the subject of a alid renunciation because the renunciation can be considered as an act of magnanimity on the part of the donor' /he action prescribesJ &' Within one year from the time the donor had 9nowledge of the act of ingratitude A=D *' 4t was possible for him to bring the action' /o bar the action# the donee must show proof that the one7year period has expired and it was possible for the donor to institute the said action within the same period'
Art& 229& This action shall not e transmitte$ to the heirs o" the $onor+ i" the latter $i$ not instit,te the same+ altho,gh he co,l$ ha'e $one so+ an$ e'en i" he sho,l$ $ie e"ore the e/#iration o" one year& Neither can this action e ro,ght against the heir o" the $onee+ ,nless ,#on the latterJs $eath the com#laint has een "ile$& H0*. /ransmission of action for reocation General rule8 /he action to reo9e a donation by reason of ingratitude is purely personal to the donor and cannot# as a rule# be transmitted to the heirs' /his is unli9e the action for reocation based on the birth# appearance or adoption of a child and the action based on non7compliance with the condition of a donation' Eoweer# the particular circumstances of the case should be ta9en into account to determine whether it was possible to bring the action' Eence# the following exceptions wherein the heirs of the donors can as9 for the reocation8 &' 4f the donee 9illed the donor# or *' 4f the donor dies without haing 9nown of the act of ingratitude# or -' 4f a criminal case against the donee was instituted by the donor# but the donor dies before he could bring the ciil action for reocation5 or @' 4f the action for reocation has already been filed by the donor before his death' •
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Action against heirs of donee /he heirs of the donee are not held responsible for the acts of their predecessor7donee' /he act of ingratitude' !:he sins o% the %ather are not the sins o% the son> although, there are some instances where we repeat the mista'es o% our parents3 REVO:ATION+ ase$ onK
/ime of action
3ersons entitled to as9 for reductionJ who are they? Cor the reduction of inofficious donations# &' those who at the time of the donor’s death hae a right to the legitime# and *' their heirs# a nd -' succesors in in terest' /he donor is not included# patay na siya eh3/he inofficiousness can only be determined after his death' •
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Who may not as9 for reduction? &' /he donees# or *' /he deisees# or -' /he legatees# who are not entitled to the legitime' @' )reditors of the deceased' !/he remedy of creditors is to file a claim
Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
/ransmissibility of action
6irth# appearance# or adoption of a child Within @ years from birth of first child# or Crom his legitimation# or Adoption# or Crom the judicial declaration of filiation# or Crom receipt or info regarding the existence of the child belieed dead /ransmitted to children and
=on7compliance with condition or conditions Within @ years from non7 compliance with the condition 6ut if it’s an onerous donation# within &; years from non7compliance with the condition
May be transmitted to
4ngratitude
Within & year from the time the donor had 9nowledge of the fact of the ingratitude
Generally# the action is not
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PROPERTY NOTES
.ffect of reocation
:iability for fruits
descendants of the donor upon his death
the donor’s heirs and may be exercised against the donee’s heirs
3roperty affected shall be returned# or its alue if the donee has sold the same# or /he donor may redeem the mortgage on the property# with a right to recoer
3roperty donated shall be returned to the donor and the alienations and mortgages are oid subject to the rights of innocent -rd persons
the property Donee shall return the fruits accruing from the filing of the complaint
Donee shall return the fruits which he may hae receied a%ter haing failed to fulfill the condition
transmitted to the heirs of the donor nor can the action be filed against the heirs of the donee 3roperty donated shall be returned but alienations and mortgage effected before the notation of the complaint for reocation in the $egistry of 3roperty shall
/ransmissibilit y of action
subsistas in first ame column .ffect of reocation
during the lifetime of the donor
Within < years after the death of the donor !if propter nuptias# according to boo9"
=ot transmissibl e as the duty to gie support and
/ransmitted to the donor’s heirs as the donation shall be reduced as
the rightare to receie personal in nature $educed to the extent necessary to proide support
regardsat the excess time of the donor’s death /a9es effect during the lifetime of the donor subject to reduction only upon his death with regard to the excess
Donee is entitled to the fruits as owner of the property donated
Donee appropriates the fruits as owner of the property
$ules on reductionJ )EA$/.D> RE8C:TION+ ase$ onK
/ime of action
Cailure of the donor to resere sufficient means for support Any time by the donor or by the relaties entitled to support
4nofficiousnes s for being in excess of what the donor can gie by will Within &; years !antos Alana case# based on &&@@"
Mic9ey 4ngles Ateneo :aw *;&*# updated8 May &<# *;&* :ibrat8 =o stamping please>
6irth# appearance # or adoption of a child
Craud against creditors
ame as in first column
/he action for rescission must be brought within @
:iability for fruits
ame as in first column
years from the perfection of the donation# or at the latest# from the time the creditor had 9nowledge of the donation /ransmitte d to the creditor’s heirs or successors 7in7interest
ame as in first column
Donee# as owner# appropriate s the fruits of the property not
3roperty affected shall be returned by the donee for the benefit of the creditor subject to the rights of innocent third persons Cruits of the property affected shall also be
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affected by the reduction# but with regard to the excess# he shall be liable only for the fruits from the filing of the complaint
returned' 4n case the donee acted in bad faith and it should be impossible for him to return# then indemnify the donor’s creditor for damages'
6appy the man who %inds wisdom, the man who gains understanding711 (roverbs ?@2? :hus youthe may wal' in the wayin o%the good men, 'eep toremain the paths the the just3 *or upright will dwell land, theand honest will in itAo%#ut wic'ed will be cut o%% %rom the land, the %aithless will be rooted out o% it311 (roverbs 4@4B144
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