PROPERTY LAW

Jade R. Bondoc | Atty. Nueve-Co

SOURCE: DE LEON BOOK + MEMAID + RECITS
_____________________________________________________________________________________

Article 414. All things which are or may be the object of appropriation are REQUISITES OF PROPERTY
considered wither: 1. Utility or Capacity to satisfy some human wants, such as for food,
shelter, clothing, knowledge, comfort, recreation, etc.
1. Immovable or Real Property; or
2. Substantivity or individuality or the quality of having existence apart
2. Movable or Personal Property
from any other thing. (Human parts can only be property once they
are separated from the body of the person to whom they belong)
PROPERTY—all things which are or may be the object of 3. Appropriability or the Susceptibility of being possessed by men.
appropriation.
A thing that does not have all the characteristics:
All THINGS are properties since a THING OR COSA is generally understood to
be any object that exists and is capable of satisfying some human needs. It 1. Heavenly bodies such as moon and sun may not be considered as
includes both objects that are already possessed or owned (res alicujus) and property due to physical impossibility
those that are susceptible of appropriation. However, not all properties are 2. Human body may not be considered as property due to legal impossibility
things since there are things which are not susceptible of appropriation and where the person is still alive as it is outside the commerce of man.
are not included in the concept of property because PROPERTY OR BIENES
refers to any thing which is already the object of appropriation or is found in CLASSIFICATION OF PROPERTY
the possession of man.
1. Res Communes or Common things- Not capable of appropriation in
For a thing to be considered a property, must have the following requisites: their entirety, although they may be appropriated under certain
conditions in a limited way. “Belonging to everyone”
2. Res Nullius or A thing- May have no owner because:
a. Res Derelictae- it has not yet been appropriated or because it
has been lost or abandoned by the owner with no more
intention of owning them.
b. Ferae Naturae- Free in their natural habitat.

SAN BEDA UNIVERSITY, COLLEGE OF LAW |1

 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
3. Res Alicujus- Objects tangible or intangible which are owned i. There is a definite active subject who has a right against
privately, either in collective or individual capacity, or a thing which all persons generally as an indefinite passive subject or
cannot be considered as property when they are not susceptible of (the right of the owner against the whole world)
appropriation because of physical impossibility, or legal ii. Generally a corporeal thing
impossibility. “Belonging to someone” iii. Generally acts directly
iv. May be Real or Personal property depending on the
AS TO THEIR NATURE: subject of the real right. Example: Real or Personal
Mortgages
1. Immovable or Real Properties
2. Movable or Personal Properties ; or
b. Personal Rights
3. Mixed properties- Strictly neither movables nor immovables but
i. There is a definite active subject and a definite passive
partake the nature of both. Such as:
subject.
a. Movables that are rendered immovable by reason of being
ii. Always incorporeal thing
immobilized by destination or through attachment to an
iii. Acts indirectly through the promise of an obligor
immovable
b. Immovables but are treated as movables because they can be
General rule: Only personal property
transplanted
Exp: Contracts for public works under Aert 415, Sec 10
c. Animals in animal houses, pigeon houses, etc. which are classified
as immovable though transferable from place to place or they
Lease registered: Automatic real right
can move by themselves.

AS TO THEIR DIVISIBILITY
AS TO THEIR MANIFESTABILITY TO THE SENSES:
1. Divisible
1. Corporeal- Objects that can be seen or touched
2. Indivisible
2. Incorporeal- Non tangible such as real rights or personal rights.
a. Real Rights
AS TO THEIR OWNERSHIP
1. Public dominion; or
2. Private dominion

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
AS TO ALIENABILITY The object is needed to be classified because different provisions of law
1. Within the commerce of man govern the acquisition, possession, disposition, loss and registration of
2. Outside the commerce of man immovables and movables. Hence, there are legal consequences that are
arising.
DEPENDENCE OR IMPORTANCE
1. Principal In PIL, immovables are governed by the law of the cuntry while movables are
2. Accessory governed by the personal law.

CAPABILITY OR SUBSTITUTION Under Donation, in order for the donation of an immovable

1. Fungible- Are things that can be easily replaced with another item
that is practically the same, In Criminal Law, usurpation of property can take place only with respect to
2. Non fungible- real property while robbery and theft can be committed only with respect to
personal property.
DEFINITENESS OR NATURE
1. Generic or Indeterminate- Referring to a group or class In Civil Procedure, actions concerning real property are brought in the RTC
2. Specific or Determinate- Referring to a single or Determinate where the property or any part thereof lies, whereas personal property are
brought in the court where the defendant or any of its defendants reside of
CONSUMABILITY may be found, or where the plaintiff or any of the plaintiffs reside.
1. Consumable
2. Non-consumable In Contracts, only real property can be the subject matter of real mortgage
and antichresis, while only personal property can be the subject matter of
WHETHER IN THE CUSTODY OF THE COURT OR FREE simple loan or mutuum, voluntary deposit, pledge and chattel mortgage.
1. In custodia legis- Those seized by an officer under a writ of
attachment or execution Under the law of prescription, ownership of a real property may be acquired
2. “Free” property by prescription although there is a bad faith in 30 years. If there is good
faith, 4 years. Without any condition, 8 years.
IMPORTANCE OF CLASSIFICATION:

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
And in order to affect 3rd persons: (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of
similar nature, in case their owner has placed them or preserves them with the
GENERAL RULE: transactions involving immovable must be recorded in the intention to have them permanently attached to the land, and forming a
registry of property, however no requirement is required in personal permanent part of it; the animals in these places are included;
property.
(7) Fertilizer actually used on a piece of land;
EXP: Chattel mortgage
ART 415. The following are immovable property: (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the
bed, and waters either running or stagnant;
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(9) Docks and structures which, though floating, are intended by their nature
(2) Trees, plants, and growing fruits, while they are attached to the land or form and object to remain at a fixed place on a river, lake, or coast;
an integral part of an immovable;
(10) Contracts for public works, and servitudes and other real rights over
(3) Everything attached to an immovable in a fixed manner, in such a way that immovable property.
it cannot be separated therefrom without breaking the material or deterioration
of the object; CLASSIFICATIONS OF IMMOVABLE OR REAL PROPERTY:
1. By Nature- Those which cannot be carried from one place to another.
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed (Par 1, 2 and 8)
in buildings or on lands by the owner of the immovable in such a manner that it 2. By Incorporation- Attached to an immovable in a fixed manner. (Par
reveals the intention to attach them permanently to the tenements; 3 and 4, 6)
3. By Destination- Immovable for the utility it gives to the activity
(5) Machinery, receptacles, instruments or implements intended by the owner of carried thereon. (Par. 6,7-9) INTENTION IS MATERIAL
the tenement for an industry or works which may be carried on in a building or 4. By Analogy- Classified by express provision of law. (Par. 10)
on a piece of land, and which tend directly to meet the needs of the said industry
or works;

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
ATTY NUEVE CO’S RECIT QUESTIONS: If the owner plans to sell the dog, should he follow the formalities required in
real properties in donating the dog?
Electrical wires hanging outside your house, is it a real property? No.

Yes under par.5, Article 415 which provides that (5) Machinery, receptacles, What if the owner brings the dog out of town. Is it a real property or personal
instruments or implements intended by the owner of the tenement for an property?
industry or works which may be carried on in a building or on a piece of land,
and which tend directly to meet the needs of the said industry or works; If there is an intention to return, real property.

1. Must be place by the owner of the tenement or his agent How about fertilizers?
2. Industry or works must be carried on in a building or on a piece of If it is actually used on a piece of land and actually incorporated, then it will
land be considered as immovable property
3. Machineries must be an essential and principal element of an
industry or works, without which such industry or works would be When are mines, quarries and slag dumps considered real properties?
unable to function or carry on the industrial purpose for which it was When they form part of the bed.
established and not merely incidental.
4. Machineries must tend directly to meet the needs of the said industry How about when they are placed in a truck?
or works Personal property

A doghouse in an apartment, is it a real property? Are ships real property?

No. It is personal property.
Yes, under par 6, Article 415.
1. Forms a permanent part of the immovable What if a vessel is used to supply electricity to the island. Is it a personal
2. With the intention of permanent attachment property?
3. Placed by the owner or by the tenant as the agent of the owner. No. It will be considered as a real property. It will be considered as
immovable as long as they are united in a fixed and permanent manner.

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
What are the personal properties? Is consumable property the same with fungible property? No. Fungibles belong
to a common genus permitting substitution of the same kind, quantity and
Article 416 quality while consumables are those which cannot be used in a manner
1. Those movables susceptible of appropriation which are not included appropriate to their nature without being consumed.
in the preceding article
2. Real property which by any special provision of law is considered as SERG'S PRODUCTS, INC., vs. PCI LEASING AND FINANCE, INC.,
personality Article 415 of the Civil Code enumerates immovable or real property those
3. Forces of nature which are brought under control by science Machinery, receptacles, instruments or implements intended by the owner
4. In general, all things which can be transferred from place to place of the tenement for an industry or works which may be carried on in a
without impairment of the real property to which they are fixed building or on a piece of land, and which tend directly to meet the needs of
the said industry or works. However, contracting parties may validly
Article 417 stipulate that a real property be considered as personal. After agreeing to
1. Obligations and actions which have for their objet movables or such stipulation, they are consequently estopped from claiming otherwise.
demandable sums Under the principle of estoppel, a party to a contract is ordinarily precluded
2. Shares of stock of agricultural, commercial and industrial entities from denying the truth of any material fact found therein.
although they may have real estate.
In the case at bar, the Lease Agreement clearly provides that the machines in
A and B entered into a partnership and they bought a piece of land. Their question are to be considered as personal property. Clearly then, petitioners are
interest in a piece of land. Is it real or personal? estopped from denying the characterization of the subject machines as personal
property. Under the circumstances, they are proper subjects of the Writ of
It is real property under Par. 10, Article 415 which states that other real Seizure.
rights over immovable property is an immovable property.
However, Machines deemed personal property pursuant to the Lease
What is a consumable property? Those which cannot be used in a manner Agreement — is good only insofar as the contracting parties are concerned.
appropriate to their nature without being consumed. Hence, while the parties are bound by the Agreement, third persons acting
in good faith are not affected by its stipulation characterizing the subject

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
machinery as personal. In any event, there is no showing that any specific New Civil Code means that a building is by itself an immovable
third party would be adversely affected. property.
● A building is an immovable property irrespective of whether or not
BURGOS, SR. V CHIEF OF STAFF said structure and the land on which it is adhered to belong to the
The items seized by the military are not real properties. Under Article 415[5] same owner.
of the Civil Code of the Philippines, "machinery, receptacles, instruments or
implements intended by the owner of the tenement for an industry or works YAP vs. TAÑADA
which may be carried on in a building or on a piece of land and which tend The Civil Code considers as immovable property, among others, anything
directly to meet the needs of the said industry or works" are considered "attached to an immovable in a fixed manner, in such a way that it cannot be
immovable property. separated therefrom without breaking the material or deterioration of the
Thus, Machinery which is movable by nature becomes immobilized when object." In the case at bar, the pump does not 􏰁fit this description. It could be,
placed by the owner of the tenement, property or plant, but not so when placed and was in fact separated from Yap's premises without being broken or suffering
by a tenant, usufructuary, or any other person having only a temporary right, deterioration. Thus, the separation or removal of the pump involved nothing
unless such person acted as the agent of the owner. more complicated than the loosening of bolts or dismantling of other
fasteners.
In the case at bar, petitioners do not claim to be the owners of the land
and/or building on which the machines were placed. Hence, the machineries MACHINERY & ENGINEERING SUPPLIES, INC. vs. COURT OF APPEALS
in question, while bolted to the ground remain movable property ● Ordinarily replevin may be brought to recover any speci􏰂c personal
susceptible to seizure under a search warrant since the Rules of Court property unlawfully taken or detained from the owner thereof,
provides that only personal properties are allowed to be seized under a provided such property is capable of identi􏰂cation and delivery; but
search warrant. replevin will not lie for the recovery of real property or incorporeal
personal property.
LOPEZ vs. OROSA, JR., and PLAZA THEATRE, INC. ● The machinery and equipment in question appeared to be attached to
● General Rule: Restate connotes the land and the building constructed the land, particularly to the concrete foundation of a building, in a
thereon. fixed manner, in such a way that the former could not be separated
● The inclusion of the building, separate and distinct from the land, in from the latter without breaking the material or deterioration of the
the enumeration of what constitute real properties (Art. 415 of the object. Hence, in order to remove said outfit, it became necessary not

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
only to unbolt the same, but to also cut some of its wooden supports. Company v. City Assessor as “no longer exempted from real property tax” and
Said machinery and equipment were "intended by the owner of the may qualify as “machinery” subject to real property tax under the Local
tenement for an industry" carried on said immovable and tended Government Code. To the extent that the equipment’s location is
"directly to meet the needs of said industry." For these reasons, they were determinable to be within the taxing authority’s jurisdiction, the Court sees
already immovable pursuant to paragraph 3 and 5 of Article 415 of Civil no reason to distinguish between submarine cables used for communications
Code. and aerial or underground wires or lines used for electric transmission, so that
● When the restitution of what has been taken by way of replevin has been both pieces of property do not merit a different treatment in the aspect of real
ordered, the goods in question shall be returned in substantially the same property taxation. Both electric lines and communications cables, in the
condition as when taken. In the case at bar, petitioner's representative strictest sense, are not directly adhered to the soil but pass through posts,
caused said property to be dismantled and then removed, it follows relays or landing stations, but both may be classified under the term
that petitioner must also do everything necessary to the “machinery” as real property under Article 415(5) of the Civil Code for the
reinstallation of said property in conformity with its original simple reason that such pieces of equipment serve the owner’s business or tend
condition. to meet the needs of his industry or works that are on real estate. Even objects
in or on a body of water may be classified as such, as “waters” is classified
MANILA ELECTRIC COMPANY vs. THE CITY ASSESSOR as an immovable under Article 415(8) of the Code.
As between the Civil Code, a general law governing property and property
relations, and the Local Government Code, a special law granting local FELS ENERGY, INC. vs. THE PROVINCE OF BATANGAS
government units the power to impose real property tax, then the latter shall Article 415 (9) of the Civil Code provides that "docks and structures which,
prevail. Therefore, for determining whether machinery is real property subject though floating, are intended by their nature and object to remain at a fixed
to real property tax, the definition and requirements under the Local place on a river, lake, or coast" are considered immovable property. Thus,
Government Code are controlling. power barges are categorized as immovable property by destination, being in
the nature of machinery and other implements intended by the owner for an
industry or work which may be carried on in a building or on a piece of land and
CAPITOL WIRELESS, INC., vs. THE PROVINCIAL TREASURER OF which tend directly to meet the needs of said industry or work.
BATANGAS
Submarine or undersea communications cables are akin to electric
transmission lines which this Court has recently declared in Manila Electric

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
Classify properties according to ownership—Public dominion and Private PORT place where ships may take on or discharge their cargon a harbor
ownership. sheltered place which furnishes anchorage for ships.

Property of public dominion are those for public use (e.g. roads, canals, SHORES portion of the land bordering the sea and which is subject to the ebb
rivers), for public service (e.g. public buildings), and for the development of and flow of the waters
the national wealth. While Private ownership.
ROADSTEAD place less sheltered or enclosed than a harbor where ships may
What is included in public dominion? ride at anchor

Property intended for public use are those which can be used by the public RIVERS is a natural surface stream of water of considerable volume and
or everybody and not limited to privileged individuals and others of similar permanent or seasonal flow. Compound concept consisting of 3 elements:
character. 1. Running waters
2. Bed
Property for public service are those not for public use but intended for 3. Banks
some specific public service which can be used only by duly authorized
persons such as government buildings and vehicles TORRENTS is a violent stream of water as a flooded river or one suddenly
raised by a heavy rain and descending a steep incline; A raging flood of
Property intended for the development of national wealth are those all rushing streams of water.
natural resources which belong to the state and are not subject to alienation
BEDS
ROADS refers to public ways constructed and maintained by the national
government. BANK

CANALS are artificial waterways designed for navigation or for irrigation or CREEKS is a small islet extending further into the land; A naturalstream of
draining land. May be in the firm of a narrow arm of the sea usually water normally smaller than and often tributary to a river.
extending far inland.

SAN BEDA UNIVERSITY, COLLEGE OF LAW |9

 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
What is a Patrimonial property?
Those properties which are all other properties possessed by the LGU A took a loan from ABC Company. As collateral, A offered the growing fruits of
including property for public service without prejudice to provisions of his brother B. He executed a chattel mortgage in favor of the company. A failed
special laws. They may be alienated and acquired by others through to pay his debt, the company foreclosed the chattel mortgage of the growing
prescription. fruits. Can B object on the ground that his growing fruits are real properties?

10 years after abandonment, X entered in a property used for public service. 5 Yes. An immovable property may be considered a personal property if there
years after the conversion, can X ask for the titling of the property in his own is a stipulation as when it is used as a security in the payment of an
name? obligation where a chattel mortgage is executed over it. However, this view
Yes because we reckon from the time of actual possession regardless of is only good insofar as the contracting parties are concerned. The principle
conversion as long as at the time that he claimed ownership or he seeks the of estoppel as in this case, is not applicable because the parties were A and
registration,, it is already alienable and it is already enough. ABC and not B. Therefore, the mere fact that the growing fruits was the
subject of the chattel mortgage and was considered personal property by the
LGU have properties of public service? parties does not make the growing fruits personal property for purposes of
No. They only have properties of public use and not properties of public the notice to be given for its sale of public auction.
service.
If it is a house, can it be the subject of chattel mortgage and be foreclosed?
The Province of Zamboanga del Norte v. City of Zamboanga: Yes if the parties agreed. A structure, building or house may be used as the
subject of a chattel mortgage as long as there is no third person that will be
1. If the property is owned by the municipality in its public and prejudiced. However, in the case at bar, B is the owner of the subject chattel
governmental capacity- Public and Congress has absolute control mortgage hence cannot be foreclosed and be the subject of chattel mortgage.
over it.
2. If the property is owned in its private or proprietary capacity- When can growing fruits be seized and be the subject of chattel mortgage?
Patrimonial and Congress has no absolute control. The municipality
cannot be deprived of it without due process and payment of just 1. Purpose of the sale of a whole or part of crop
compensation. The capacity in which the property is held is, however, 2. For purposes of attachment and execution
dependent on the use to which it is intended and devoted. 3. For the application of chattel mortgage

SAN BEDA UNIVERSITY, COLLEGE OF LAW |10

 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
What is REX VINTA? Property in Relation to whom it belongs:
Article 415, par. 3 - Is everything attached to an immovable in a fixed 1. Public Dominion - Under the Jurisdiction and administration of the
manner, in such a way that it cannot be separated therefrom without state for the collective enjoyment of the people to which purpose is to
breaking the material or deterioration of the object. serve the citizens for the common and public welfare and not the
state as a juridical person.
Is permanent attachment a requisite in par. 5, Article 415? 2. Private Ownership-
No. The requisites under par.5 are: a. Property owned by the state and its political subdivisions in
5. Must be place by the owner of the tenement or his agent their private capacity and is known as patrimonial property
6. Industry or works must be carried on in a building or on a piece of b. Property belonging to private persons either individually or
land collectively.
7. Machineries must be an essential and principal element of an
industry or works, without which such industry or works would be Property presumed to be State Property under the Regalian Doctrine which
unable to function or carry on the industrial purpose for which it was states that all lands of public domain belong to the state which is the source
established and not merely incidental. of any asserted right to any ownership land.
8. Machineries must tend directly to meet the needs of the said industry
or works Article 420. The following things are property of public dominion:

Is permanent attachment a requisite in par. 4, Article 415? (1) Those intended for public use, such as:

The requisites under par.4 are: ROADS refers to public ways constructed and maintained by the national
1. It is an object of ornamentation or object of use government.
2. Placed o a building or land
3. Placed by the owner of the immovable or his agent CANALS are artificial waterways designed for navigation or for irrigation or
4. There is an intention of permanent attachment even if adherence draining land. May be in the firm of a narrow arm of the sea usually
will not involve breakage or injury. extending far inland.

SAN BEDA UNIVERSITY, COLLEGE OF LAW |11

 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
PORT place where ships may take on or discharge their cargon a harbor AND OTHERS OF SIMILAR CHARACTER
sheltered place which furnishes anchorage for ships. A. Such as public streams, river channels, river beds, creeks and esteros
B. Accretions to the shores of the sea by action of the water
SHORES portion of the land bordering the sea and which is subject to the ebb C. Submerged lands like the waters such as sea or bay above them,
and flow of the waters Lands reclaimed from the sea by the government.
D. Lands that disappeared into the se by natural erosion due to EBB and
ROADSTEAD place less sheltered or enclosed than a harbor where ships may flow of the tide and remain in that condition until they are reclaimed
ride at anchor from the sea by filling done by the government
E. Canals constructed on private lands of private ownership but the
RIVERS is a natural surface stream of water of considerable volume and owner loses his proprietary right over said canal through prescription
permanent or seasonal flow. Compound concept consisting of 3 elements: by allowing the public to use it for transportation and fishing
A. Running waters purposes
B. Bed F. Foreshore lands when the sea moved toward an estate and the tide
C. Banks invaded it, the invaded property becomes foreshore land and passes
to the realm of the public domain
TORRENTS is a violent stream of water as a flooded river or one suddenly G. A lot on which stairways were built for the use of the people as
raised by a heavy rain and descending a steep incline; A raging flood of passageway to the highway.
rushing streams of water.
(2) Those which belong to the State:
BEDS
NOT PUBLIC USE BUT INTENDED FOR SOME PUBLIC SERVICE are those used
PORTS only by authorized persons. (All public buildings construed by the state for
its offices and functionaries)
BRIDGES CONSTRUCTED BY THE STATE
DEVELOPMENT OF THE NATIONAL WEALTH Such as minerals, coal, oil, forest
BANKS and other natural resources

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
EXP: Public agricultural land F. Cannot be registered under the Property Registration Decree (PD
1529)
PUBLIC LANDS GOVERNMENT LANDS
ARTICLE 420 ARE EXEMPT FROM THE TAX AND FROM SALE AT PUBLIC
Used to describe so much of Includes lands of the government AUCTION
national domain under the already reserved or devoted for
legislative power of Congress as has public use or subject to private Article 421. All other property of the State, which is not of the character stated in
not been subjected to private right rights and patrimonial lands.
the preceding article, is patrimonial property.
or devoted to public use

Equivalent to lands of public Patrimonial property is the property owned by the state in its private
domain and not include by any proprietary capacity.
means all lands of government
ownership but only so much of said 1. It is property over which the state has the same rights and of which it
lands as are thrown open to private
may dispose to the same extent as private individuals according to
appropriation and settlement by
laws and regulations on the procedure exercising such rights
homestead law and other like
general laws
Example:
● Incomes or rents of the state
Characteristics: (OI-PEAR)
● Vacant lands without known owner or possessor
● Cemeteries
A. Outside the commerce of man EXP: they may be the object of repair or
● Property donated to the government
improvement or other similar things
B. Inalienable EXP when it is no longer needed for public use or service,
2. Patrimonial property of the state or any of its subdivisions may be
it may be declared as patrimonial property
acquired by private individuals or juridical persons through
C. Cannot be acquired by Prescription
prescription
D. Cannot be burdened with Easements
E. Not subject to Attachment or Execution

SAN BEDA UNIVERSITY, COLLEGE OF LAW |13

 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
3. Property owned by the state is exempt from real property tax EXP: Article 423. The property of provinces, cities, and municipalities is divided into
when the beneficial use thereof has been granted for consideration or property for public use and patrimonial property. (343)
otherwise to a taxable person
a. Law imposes the liability to pay the real estate tax on the Article 424. Property for public use, in the provinces, cities, and municipalities,
government although it is assumed that it passes on the real consist of the provincial roads, city streets, municipal streets, the squares,
estate tax as part of the consideration to the taxable person or fountains, public waters, promenades, and public works for public service paid
entity. for by said provinces, cities, or municipalities.
b. If the tax is not paid, property may be sold at public auction to
satisfy tax delinquency. All other property possessed by any of them is patrimonial and shall be governed
by this Code, without prejudice to the provisions of special laws.
Article 422. Property of public dominion, when no longer intended for public use
or for public service, shall form part of the patrimonial property of the State. PROPERTY OF POLITICAL SUBDIVISIONS

Not self-executing and needs a formal declaration by the executive or

PROPERTY OF PUBLIC DOMINION PATRIMONIAL PROPERTY
possibly the legislative department that the property of the state is no longer
needed for public use or for public service before the same can be classified as Property of the state intended for The following must be satisfied:
patrimonial or private property of the state. public service without being for public 1. Must not be enumerated in Art
use (Art 420) 424 par 1
2. Property devoted to some
Characteristics: (PD-SC)
2 alternative tests: proprietary or some
1. Patrimonial properties may be acquired by private individuals or 1. Art 424 par 1 commercial purposes
corporations through prescription provincial roads, city streets,
2. May be disposed by the state municipal streets, the All other properties possessed by
3. Exist for the state to support the attainment of economic needs squares, fountains, public LGUs including property for public
4. It can be the object of Ordinary contract waters, promenades, and service without prejudice to
public works for public provisions of special laws.
service paid for by said
provinces, cities, or

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
CONVERSION OF PUBLIC DOMINION INTO PATRIMONIAL PROPERTY
municipalities.
2. If the purpose is for REQUISITES:
governmental purposes or for 1. Abandonment or non-use, or withdrawal from use (property must no
public purposes. longer be intended for some pubic use, public service or for the
development of the national wealth)
2. Affirmative act for the conversion of such property into patrimonial
CHARACTERISTICS (need not be in a form of a law or ordinance)
The exclusive prerogative to classify public lands under existing
1. Outside the commerce of 1. May be alienated laws is vested in the Executive Department, not in the courts.Thus,
man 2. May be acquired by others until the Executive Department exercises its prerogative to classify
EXCPN: Section 2, through acquisitive
or reclassify lands, or until Congress or the President declares that
Article XII of the 1987 prescription (1113 heirs of
the State no longer intends the land to be used for public service or
Constitution, only malabanan v republic)
3. May be subjected to for the development of national wealth, the Regalian Doctrine is
agricultural lands of
attachment, execution or for applicable. HEIRS OF MALABANAN vs. REPUBLIC OF THE
the public domain may
sale. PHILIPPINES
be alienated; all other 4. May be burdened by any
natural resources may voluntary easements HEIRS OF MALABANAN vs. REPUBLIC OF THE PHILIPPINES
not be.
Land, which is an immovable property, may be classified as either of public
2. Cannot be acquired by
dominion or of private ownership. Land is considered of
acquisitive prescription
PUBLIC DOMINION if it either:
3. Not subject to attachment or
execution 1. is intended for public use; or
4. Cannot be burdened by any 2. belongs to the State, without being for public use, and is intended for
voluntary easements some public service or for the development of the national wealth.

PATRIMONIAL PROPERTY of the State—Land belonging to the State that is

CONGRESS HAS THE SPECIFIC AUTHORITY TO CONTROL OR REGULATE not of such character, or although of such character but no longer intended
THE USE OF PUBLIC PROPERTIES SUCH AS ROADS AND PARKS for public use or for public service.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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● Collective ownership which includes co-ownership and ownership by
Land that is other than part of the patrimonial property of the State, corporations, partnerships, and other juridical entities which are
provinces, cities and municipalities is of private ownership if it belongs to a allowed under the law to acquire and possess property of all kinds.
private individual.
1. Possessory information inscribed in the Registry of Property showing
State is the source of any asserted right to ownership of land, and is charged possession by their occupants and their predecessors since time
with the conservation of such patrimony. All lands not appearing to be immemorial demonstrated PRIMA FACIE that the possessors of the
clearly under private ownership are presumed to belong to the State. Also, land to which it refers are the owners thereof.
public lands remain part of the inalienable land of the public domain unless the 2. Road has been kept in repair by a private enterprise and the
State is shown to have reclassified or alienated them to private persons. government has not contributed to the cost of its construction and
maintenance tends strongly to support the contention that it is a
PROVINCE OF ZAMBOANGA DEL NORTE vs. CITY OF ZAMBOANGA private way.
● IF THE PROPERTY IS OWNED BY THE MUNICIPALITY IN ITS PUBLIC
AND GOVERNMENTAL CAPACITY—the property is public and Congress LAUREL vs. GARCIA,
has absolute control over it. The Roppongi property is correctly classified under paragraph 2 of Article 420 of
● IF THE PROPERTY IS OWNED IN ITS PRIVATE OR PROPRIETARY the Civil Code as property belonging to the State and intended for some public
CAPACITY—it is patrimonial and Congress has no absolute control. service—There can be no doubt that it is of public dominion unless it is
convincingly shown that the property has become patrimonial. This, the
The municipality cannot be deprived of it without due process and payment respondents have failed to do. As property of public dominion, the Roppongi lot
of just compensation. is outside the commerce of man. It cannot be alienated. Its ownership is a special
collective ownership for general use and enjoyment, an application to the
Article 425. Property of private ownership, besides the patrimonial property of satisfaction of collective needs, and resides in the social group.
the State, provinces, cities, and municipalities, consists of all property belonging
to private persons, either individually or collectively. The fact that the Roppongi site has not been used for a long time for actual
Embassy service does not automatically convert it to patrimonial property. Any
such conversion happens only if the property is withdrawn from public use.
The respondents enumerate various pronouncements by concerned public

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
officials insinuating a change of intention. However, an abandonment of the MACASIANO vs. DIOKNO
intention to use the Roppongi property for public service and to make it Properties of the local government which are devoted to public service are
patrimonial property under Article 422 of the Civil Code must be definite. deemed public and are under the absolute control of Congress.— J. Gabriel, G.G.
Abandonment cannot be inferred from the non-use alone especially if the Cruz, Bayanihan, Lt. Garcia Extension and Opena streets are local roads used
non-use was attributable not to the government’s own deliberate and for public service and are therefore considered public properties of
indubitable will but to a lack of financial support to repair and improve the respondent municipality. Properties of the local government which are devoted
property to public service are deemed public and are under the absolute control of
Congress.. Hence, local governments have no authority whatsoever to control or
RABUCO vs. VILLEGAS regulate the use of public properties unless specific authority is vested upon them
The lots in question are manifestly owned by the city in its public and by Congress.
governmental capacity and are therefore public property over which
Congress had absolute control as distinguished from patrimonial property Properties of public dominion devoted to public use and made available to the
owned by it in its private or proprietary capacity of which it could not be public in general are outside the commerce of men and cannot be disposed of or
deprived without due process and without just compensation. It is leased by the local government unit to private persons.
established doctrine that the act of classifying State property calls for the
exercise of wide discretionary legislative power, which will not be interfered When it is already withdrawn from public use, the property then becomes
with by the courts. The Acts in question were intended to implement the patrimonial property of the local government unit. It is only then that the
social justice policy of the Constitution and the government program of land respondent municipality can "use or convey them for any purpose for which
for the landless and that they were not intended to expropriate the property other real property belonging to the local unit concerned might be lawfully used
involved but merely to confirm its character as communal land of the State or conveyed" in accordance with the last sentence of Section 10, Chapter II of
and to make it available for disposition by the National Government. The Blg. 337, known as Local Government Code.
subdivision of the land and conveyance of the resulting subdivision lots to
the occupants by Congressional authorization does not operate as an
exercise of the power of eminent domain without just compensation in REPUBLIC OF THE PHILIPPINES vs. COURT OF APPEALS
violation of Section 1, subsection (2), Article III of the Constitution, but When the sea moved towards the estate and the tide invaded it, the invaded
simply as a manifestation of its right and power to deal with state property. property became foreshore land and passed to the realm of the PUBLIC DOMAIN.
In fact, the Court in Government vs. Cabangis annulled the registration of

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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land subject of cadastral proceedings when the parcel subsequently became 2. Those which belong to the State, without being for public use, and
foreshore land. In another case, the Court voided the registration decree of a are intended for some public service or for the development of the
trial court and held that said court had no jurisdiction to award foreshore national wealth.”
land to any private person or entity. The subject land in this case, being
foreshore land, should therefore be returned to the public domain. Public use is “use that is not confined to privileged individuals, but is open to
the indefinite public.”

Articles 423 and 424 of the Civil Code classify property of provinces, cities, and Records show that the lot on which the stairways were built is for the use of
municipalities into property for public use and patrimonial property. the people as passageway to the highway. Consequently, it is a property of
public dominion
Property for public use—consists of provincial roads, city streets, municipal
streets, the squares, fountains, public waters, promenades, and public
works for public service paid for by said provinces, cities, or municipalities. REPUBLIC OF THE PHILIPPINES vs.. SANTOS III
Under the REGALIAN DOCTRINE, all lands not otherwise appearing to be
All other property possessed by any of them is patrimonial and shall be clearly within private ownership are presumed to belong to the State. No
governed by this Code, without prejudice to the provisions of special laws. public land can be acquired by private persons without any grant, express or
Municipal implied, from the Government. It is indispensable, therefore, that there is a
showing of a title from the State. Occupation of public land in the concept of
owner, no matter how long, cannot ripen into ownership and be registered
VILLARICO vs. SARMIENTO as a title.
The lot on which petitioner’s alleged “right of way” exists belongs to the
state or property of public dominion. NAVY OFFICERS’ VILLAGE ASSOCIATION, INC. (NOVAI) vs. REPUBLIC OF
Property of public dominion is defined by Article 420 of the Civil Code as THE PHILIPPINES
1. Those intended for public use such as roads, canals, rivers, torrents, Lands of the public domain classified as reservations for public or quasi-public
ports and bridges constructed by the State, banks, shores, uses are non-alienable and shall not be subject to disposition, although they
roadsteads, and other of similar character. are, by the general classification under Section 6 of C.A. No. 141, alienable and
disposable lands of the public domain, until declared open for disposition by

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
proclamation of the President. In the same way, lands of the public domain Applicants for registration of land title must establish and prove:
classified as reservations are property of the public dominion; they remain 1. that the subject land forms part of the disposable and alienable lands
to be property of the public dominion until withdrawn from the public or of the public domain;
quasi-public use for which they have been reserved, by act of Congress or by 2. that the applicant and his predecessors- in-interest have been in
proclamation of the President, or otherwise positively declared to have been open, continuous, exclusive and notorious possession and occupation
converted to patrimonial property. of the same; and
3. that it is under a bona fide claim of ownership since June 12, 1945, or
CITY OF LAPU-LAPU vs. PHILIPPINE ECONOMIC ZONE AUTHORITY earlier.
Under Section 234(a) of the Local Government Code, real properties owned by
the Republic of the Philippines are exempt from real property taxes. Properties ALOLINO vs FLORES
owned by the state are either property of public dominion or patrimonial To convert a barrio road into patrimonial property, the law requires:
property. Article 420 of the Civil Code of the Philippines enumerates 1. LGU to enact an ordinance
property of public dominion. Properties of public dominion, being for public 2. Approved by at least two-thirds (2/3) of the Sanggunian members,
use, are not subject to levy, encumbrance or disposition through public or permanently closing the road.
private sale. Any encumbrance, levy on execution or auction sale of any
property of public dominion is void for being contrary to public policy. In this case, the Sanggunian did not enact an ordinance but merely passed a
Essential public services will stop if properties of public dominion are resolution. The difference between an ordinance and a resolution is settled
subject to encumbrances, foreclosures and auction sale. in jurisprudence: an ordinance is a law but a resolution is only a declaration
In this case, the properties sought to be taxed are located in publicly owned of sentiment or opinion of the legislative body.
economic zones. These economic zones are property of public dominion.
The City seeks to tax properties located within the Mactan Economic Zone, DUMO vs. REPUBLIC OF THE PHILIPPINES.
the site of which was reserved by President Marcos under Proclamation No. The alienable and disposable character of public agricultural land does not
1811. Reserved lands are inalienable and outside the commerce of man, and convert the land to patrimonial property. It merely gives the State the
remain property of the Republic until withdrawn from public use either by authority to alienate or dispose the agricultural land, in accordance with
law or presidential proclamation. law. It is only when:

REPUBLIC OF THE PHILIPPINES vs . ABOITIZ

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
1. there is an express government manifestation that the land is already
patrimonial or no longer intended for public use, public service or the
development of national wealth, or
2. land which has been classified as alienable and disposable land is
actually alienated and disposed of by the State, that such land
becomes patrimonial.

In the present case, Dumo not only failed to prove that the land sought to be
registered is alienable and disposable, but also utterly failed to submit any
evidence to establish that such land has been converted into patrimonial
property by an express declaration by the State. To repeat, acquisitive
prescription only applies to private lands as expressly provided in Article 1113 of
the Civil Code. To register land acquired by prescription under PD No. 1529
(in relation to the Civil Code of the Philippines), the applicant must prove
that the land is not merely alienable and disposable, but that it has also been
converted into patrimonial property of the State. Prescription will start to
run only from the time the land has become patrimonial. 61 Unless the
alienable and disposable land of the public domain is expressly converted
into patrimonial property, there is no way for acquisitive prescription to set
in under Article 1113 of the Civil Code. However, another mode of
prescription specifically governs the acquisitive prescription of alienable
and disposable lands of the public domain.
_____________

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
Article 427. Ownership may be exercised over things or rights. 7 ATTRIBUTES OF OWNERSHIP
(PUF-A2-DV)
Ownership- independent right of a person to the exclusive enjoyment and
control of a thing particularly in his possession, enjoyment, disposition and 1. Jus Possidendi - Right to possess
recovery only to the restrictions or limitations established by law and the 2. Jus Utendi - Right to use and enjoy
rights of others. 3. Jus fruendi - Right to the fruits
4. Jus Accessionis - Right to the accessories
1. Beneficial ownership/ Usufruct - right to enjoy the use and fruits of a 5. Jus Abutendi- Right to consume the thing by its use
property while the legal title is in another 6. Jus disponendi- Right to dispose or alienate
2. Naked Ownership- Enjoyment of all the benefits and privileges of 7. Jus Vindicandi- Right to vindicate or recover
ownership as against the bare title to property; Bare title to property ;
Right to use and fruits are denied. JUS POSSIDENDI/ RIGHT TO POSSESS
3. Full ownership - All the rights of an owner ● Right to hold a thing or enjoy a right
4. Sole ownership- One where ownership is vested in only one person ● May be exercised in one’s own name or in another
5. Co-ownership- When the ownership is vested in 2 or more persons
JUS UTENDI/ RIGHT TO USE AND ENJOY
SUBJECT MATTER ● Necessarily includes the right to transform and right to exclude any
1. Thing - Any material object; corporeal property person from the enjoyment tand disposal thereof
2. Right - incorporeal property (real or personal) ● Article 429. The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. For this
Article 428. The owner has the right to enjoy and dispose of a thing, without purpose, he may use such force as may be reasonably necessary to repel
other limitations than those established by law. or prevent an actual or threatened unlawful physical invasion or
usurpation of his property.
The owner has also a right of action against the holder and possessor of the ● Article 430. Every owner may enclose or fence his land or tenements by
thing in order to recover it. means of walls, ditches, live or dead hedges, or by any other means
without detriment to servitudes constituted thereon.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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● Article 431. The owner of a thing cannot make use thereof in such Article 539. Every possessor has a right to be:
manner as to injure the rights of a third person. 1. respected in his possession;
2. should he be disturbed therein he shall be protected in or restored to
JUS FRUENDI/ RIGHT TO RECEIVE THE FRUITS said possession by the means established by the laws and the Rules of
Court.
JUS ACCECIONIS/ RIGHT TO THE ACCESSORIES
Forcible entry- within 10 from the filing of the complaint present a motion
GEN RULE: All accessions and accessories are included in the obligation to to secure from the competent court, in the action for forcible entry, a writ of
deliver a determinate thing although they may not have been mentioned. preliminary mandatory injunction to restore him in his possession. The
court shall decide the motion within 30 days from the filing thereof.
JUS ABUTENDI/ RIGHT TO CONSUME THE THING BY ITS USE
● Right to abuse or even destroy the thing owned NOT ABSOLUTE Characteristics (EG-PIE)
1. Elastic- The powers may be reduced and thereafter automatically
JUS DISPONENDI/RIGHT TO DISPOSE OR ALIENATE recovered upon the cessation of the limiting rights
DATE-NOT 2. General- The right to make use of all the possibilities or utility of the
1. Destroy thing owned EXP those attached to other real rights existing thereon
2. Alienate 3. Perpetual- Ownership lasts as long as the thing exists. It cannot be
3. Transform extinguished by non-user but only by adverse possession
4. Encumber 4. Independent- Exists without necessity of any other right
5. Not to dispose 5. Exclusive- There can only be ownership over a thing at a time. There
may be 2 owners but only one ownership
JUS VINDICANDI / RIGHT TO VINDICATE OR RECOVER
● Right of action against the holder and possessor of the thing in order LIMITATIONS (GOSIP)
to recover it. 1. General limitations imposed by the state
a. Police power
b. Power of Eminent Domain
c. Power of Taxation

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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2. Limitations imposed by the owner himself ISSUE: Physical possession
3. Specific limitations imposed by law JURISDICTION: RTC OR MTC depending on the amount
a. Legal easement
b. Requirement of legitime succession EXP: When the property is under custodia legis.
c. Nuisances
4. Inherent limitations arising from conflict with other rights PRESCRIPTION:
a. such as those which takes place in accession continua ● 4 years- Possession in good faith
5. Limitations imposed by the party transmitting the property either by ● 8 years- Without other conditions
contract or by will.
REAL PROPERTY

ACCION INTERDICTAL/ EJECTMENT SUIT

PERSONAL PROPERTY
REMEDY OF REPLEVIN Summary action to recover physical or material possession of the property

NATURE: Recovery of possession of personal property (to regain A. FORCIBLE ENTRY (detentacion)
possession)
NATURE: Action to recover material possession of real property when
Plaintiff must state in an affidavit that he is the owner of the property person originally in possession was deprived thereof by:
claimed, particularly describing it, or that he is entitled to the possession 1. Force,
thereof and is wrongfully detained by the adverse party. 2. Intimidation,
3. Strategy,
PRINCIPAL REMEDY: To regain possession 4. Threat or
5. Stealth
PROVISIONAL REMEDY: To retain the thing wrongfully detained by another
pendente lite

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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Irrespective of the actual condition of the title to the property, the party's PRESCRIPTION:
peaceable quiet possession shall not be turned out by strong hand, violence ● 1 year from the date of last demand to vacate (because owner may
or terror. waive action and let possessor remain)
● Fixed period for termination of the lease- Ends automatically
Actual possessors who can prove prior possession can recover such without need of demand (1 year reckoned from expiration of lease)
possession even against the owner himself until he is lawfully ejected by a ● Non payment of rent/ Non fulfilment of lease conditions- 1 year
person having a better right by ACCION PUBLICIANA or ACTION period from the date of demand to vacate
REINVINDICATORIA
ACCION PUBLICIANA
ISSUE: Possession de facto
NATURE: Ordinary civil proceeding to recover possession of real property
JURISDICTION: MTC when dispossession was committed:

PRESCRIPTION: ● Entry was not obtained or failure to state that the deprivation was
● 1 year from the date of actual entry on the land caused by::
● When entry was made through STEALTH, 1 year upon discovery A. Force,
B. Intimidation,
B. UNLAWFUL DETAINER C. Strategy,
D. Threat or
NATURE: Action for recovery of possession of any real property by a E. Stealth
landlord, vendor, vendee or other person against whom the possession of Can be brought as soon as the dispossession takes place without
the same was unlawfully withheld, after the expiration or termination of the waiting for the lapse of 1 year
right to hold possession ● Where 1 yr period for bringing forcible entry or unlawful detainer has
expired.
ISSUE: Possession de facto
ISSUE: Possession de jure
JURISDICTION: MTC

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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JURISDICTION: ANCILLARY REMEDIES

MTC: Assessed value of the property does not exceed 20k or 50k in Metro 1. WRIT OF POSSESSION
Manila
RTC: Assessed value exceeds such amounts. NATURE: writ of execution commanding the sheriff to enter into the land and
give the possession thereof to the entitled person
PRESCRIPTION: JURISDICTION: Court where the case is pending
10 years from the time the cause of action arises.
PRESCRIPTION: imprescriptible
ACCION REINVIDICATORIA
2. WRIT OF PRELIMINARY INJUNCTION
NATURE: Action to recover real property based on ownership
ISSUE: Ownership NATURE: Injunction requiring the defendant to do or refrain from doing a
particular thing
JURISDICTION:
JURISDICTION: Court where the case of unlawful detainer or forcible entry
MTC: Assessed value of the property does not exceed 20k or 50k in Metro is pending
Manila
RTC: Assessed value exceeds such amounts PRESCRIPTION:
● 10 days from filing-forcible entry
PRESCRIPTION: ● 10 days from the time the appeal is perfected- unlawful detainer
● 4 years- based on FRAUD from the issuance of certificate of title over
the property Article 429. The owner or lawful possessor of a thing has the right to exclude any
● 10 years- based on implied or constructive trust person from the enjoyment and disposal thereof. For this purpose, he may use
● Imprescriptible- Plaintiff is in possession of the property such force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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PRINCIPLE OF SELF-HELP REQUISITES: servitudes and subject to special laws and ordinances. He cannot complain of the
1. Owner or lawful possessor reasonable requirements of aerial navigation.
2. Reasonable force
3. No delay SURFACE RIGHTS
4. Actual or threatened physical invasion or usurpation The owner of the parcel of land is the owner of its surface and everything
under it.
-MAY KULANG PA-
Whatever is in the direct line between the surface of any land and the center
of the earth belongs to the owner of the surface.
Accion publiciana does not bar accion reivindicatoria since the issue in
Accion publiciana is possession while in Accion reinvindicatoria, the issue is LIMITATIONS:
ownership.
Horizontally- Extends up to the boundaries.
Requisites on actions to recover:
1. Proof of identity of the property Vertically- Extends below the surface and above it to the extent required by
He must identify the land claimed by describing the location, the economic interest of or utility to the owner, in relation to the
area and boundaries thereof. exploitation that may be made of the property.

Failure to prove the boundaries of the land, the action to Airspace- Owner cannot complain of the reasonable requirements of aerial
recover will necessarily fail. navigation.
Rights over the land are indivisible hence, the classification must be
2. Proof of Title categorical
SURFACE RIGHTS
The landowner’s right extends to such height or depth where it is possible for
ARTICLE 437- The owner of a parcel of land is the owner of its surface and of them to obtain such benefit or enjoyment and is extinguished beyond such limit
everything under it, and he can construct thereon any works or make any as there would be no more interest protected by law.
plantations and excavations which he may deem proper, without detriment to

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LIMITATIONS OF THE OWNER OF THE LAND IN CONSTRUCTING WORKS/ injure the rights of a third person." SIC UTERE TUO UT ALIENUM NON
PLANTATIONS AND EXCAVATIONS ON HIS LAND; RESTRICTIONS LAEDAS.

1. Existing servitudes or Easements HIDDEN TREASURE

2. Special laws
a. Limitations imposed by special laws include the regalian ARTICLE 438- Hidden treasure belongs to the owner of the land, building, or
doctrine which states that all minerals and other natural other property on which it is found.
resources found either in public or private lands are owned by
the state. Nevertheless, when the discovery is made on the property of another, or of the
3. Local ordinances State or any of its subdivisions, and by chance, one-half thereof shall be allowed
4. Reasonable requirements of Aerial navigation to the finder. If the finder is a trespasser, he shall not be entitled to any share of
5. Right of Third persons the treasure.

Reclassification of lands from agricultural to mineral is exercised by the If the things found be of interest to science or the arts, the State may acquire
legislative department. them at their just price, which shall be divided in conformity with the rule
stated.
Andamo v. IAC
ARTICLE 439. By treasure is understood, for legal purposes, any hidden and
Art. 437 of the Civil Code provides that “The owner of a parcel of land is the unknown deposit of money, jewelry, or other precious objects, the lawful
owner of its surface and of everything under it, and he can construct ownership of which does not appear.
thereon any works or make any plantations and excavations which he may
deem proper, without detriment to servitudes and subject to special laws Requisites for the property to be considered Hidden Treasure:
and ordinances. He cannot complain of the reasonable requirements of (HU-MoJO-L)
aerial navigation.” HOWEVER, it must be stressed that the use of one's
property is not without limitations. Article 431 of the Civil Code provides 1. Hidden and Unknown deposit
that "the owner of a thing cannot make use thereof in such a manner as to 2. It consists of Money, Jewelry or Other precious objects; and
3. Their Lawful owner does not appear

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
General Rule: The hidden treasure belongs to the owner of the land, ● Discovered by chance- he gets half
building or other property on which it is found. ● Employed to look for treasure- He will only get his salary

Exceptions: Finder is entitled to ½ provided, (AS-C-CoTAM) Finder/ Owner of the property where the treasure is found is a MARRIED
1. Discovery was made on the property of Another or of the State or any PERSON, treasure forms part of the CONJUGAL PROPERTY, and the other
of its political subdivisions spouse acquires half of the share of the finder/ Owner-spouse pursuant to
2. The finding was made by Chance ART 117 par 4.
3. The finder is not a Co-owner of the property where it is found
4. The finder is not a Trespasser Art 117 par. 4- The following are conjugal partnership properties:
5. The finder is not an Agent of the landowner
6. The finder is not Married under the absolute community or the (4) The share of either spouse in the hidden treasure which the law
conjugal partnership system. awards to the finder or owner of the property where the treasure is found.

It is not necessary that no known owner appears Considered as acquired by occupation.

Hidden and unknown- Found by Chance or by goodluck HOWEVER: If the hidden treasure was acquired prior to the marriage, it is an
exclusive property of the spouse to whom the same had been awarded.
Other precious objects- movables which are similar to money or jewelry
including things of interest to science or the arts or jewelry; Processed Effect of Concealment
valuable items.
The finder becomes liable civilly and criminally for taking something not
Stranger- Anyone who has absolutely no right over the immovable or the belonging to him which is the share of the landowner. He will also be
thing in which the treasure is found. (E.g. Lessee, Usufructuary, provided that responsible for all the consequences of possession in bad faith with respect
he has not been engaged precisely to look for hidden treasure) to the loss or deterioration of the thing.

If finder is a laborer: If the owner is dead, the treasure will go to his legal heirs.

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
If there is no legal heirs, the treasure will go to the State Accession is the right of the owner of a thing, real or personal, to become
the owner of everything which is produced thereby, or which is incorporated
IN THE EVENT THAT THE ITEMS ARE CONSIDERED TO HAVE HISTORICAL or attached thereto, either naturally or artificially.
AND CULTURAL VALUE, it shall be turned over to the National Museum for
appropriate action. General rule: The right of accession is automatic requiring no prior act on
the part of the owner of the principal.
For treasure hunting within public lands, 75% to the government and 25%
to the permit holder Exception: Property of public domain

For treasure hunting in private lands, 30% to the Government and 70% to Accession is not a mode of acquiring ownership, and merely an incidence or
be shared by the permit holder and the landowner. consequence of ownership as it presupposes a previously existing
ownership by the owner over the principal, which is not necessary in modes
For shipwreck/ sunken vessel recovery, 50% to the Government and 50% to of acquiring ownership.
the permit holder
ACCESSION VS ACCESSORIES
IN CASE OF TREASURE HUNTING FOR TREASURES WHICH ARE NOT OF
CULTURAL AND HISTORICAL VALUES, same shall require the issuance of a
ACCESSION ACCESSORIES
permit for treasure hunting or shipwreck/ sunken vessel recovery to be
issued by the DENR whether the treasure hunting is to be undertaken on AS TO DEFINITION
private lands or government lands.
The fruits of, or additions to, or Things joined to or included with
improvements upon a thing. the principal thing for the latter’s
RIGHT OF ACCESSION (Principal) embellishment, better use, or
completion.
ARTICLE 440- The ownership of property gives the right by accession to 1. Includes accession in its 3
everything which is produced thereby, or which is incorporated or attached forms: Building Planting (E.g. Key of a house, frame of a
thereto, either naturally or artificially. Sowing picture, bracelet of watch,
2. Accession natural machinery in a factory)

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
2. ACCESSION CONTINUA- The extension of the right of ownership of a
3. Avulsion
4. Change of course of rivers person to that such incorporated or attached to a thing which belongs to
5. Formation of islands. such person.

AS TO RELATION TO THE PRINCIPAL It is based on convenience and necessity for it is more practical that the
Not necessarily in the principal It must go together with the owner of the principal should also own the accessory (continua) instead of
thing principal establishing a co-ownership.

There is accession continua when there is attachment or incorporation that

KINDS OF ACCESSION
is permanent in nature.
A. With respect to real property - May either be:
1. ACCESSION DISCRETA- The right pertaining to the owner of a thing over
a. Accession industrial - (Building, planting, sowing)
everything produced thereby.
b. Accession natural - Alluvion or the increment which lands
abutting rivers gradually receive as a result of the current of
Justice pure and simple for one who owns the thing should justly enjoy the
the waters, avulsion, change of river course and formation of
fruits.
islands.

Requisites: (ORI)
B. With respect to personal property - It may be:
1. Increase or addition to the Original thing
a. Conjunction or adjunction - May take place by inclusion of
2. At Repeated intervals
engraftment, soldadura or attachment, tejido or weaving,
3. By Inherent forces
pintura or painting, and escritura or writing.
b. Commixtion or confusion
c. Specification
Takes place with respect to:
1. Natural fruits
ARTICLE 441. To the owner belongs:
2. Industrial frits
3. Civil fruits
(1) The natural fruits;

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
(2) The industrial fruits;
(3) The civil fruits. Rule of Partus Sequitur Ventrem
The owner of female animals would also belong the young of such animal
ARTICLE 442 although this right is lost when the owner mixes his cattle with those of
another
NATURAL FRUITS INDUSTRIAL FRUITS CIVIL FRUITS
Reason:
1. Spontaneous 1. Those produced 1. Rents of 1. It is not known who the male is
products of the by lands of any buildings, 2. During the pregnancy of the female, its owner is greatly burdened by
soil, kind through 2. Price of leases of the consequential expenses and virtual usefulness of the animal, and
2. Young and other cultivation or lands and other it is only fair that when the young is born, the owner should gain or at
products of labor. property least recover his loss.
animals. 3. Amount of
perpetual or life
NATURAL FRUITS INDUSTRIAL FRUITS
annuities or
other similar GRASS, AS THE ZACATE FOR HORSE
income.
Ordinarily a natural fruit When it is cultivated as food for
Considered received from the time they are Easily prorated for horses
gathered or severed. under Article 544, they
WILD MUSHROOMS
are deemed to accrue
daily and belong to the Ordinarily a natural fruit Cultivated mushrooms
possessor in good
faith in that STANDING TREES
proportion.
When cultivated or exploited to
While still pending or ungathered, they are real Personal property carry on an industry
property

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
4. Pledge- Pledgee is entitled to receive the fruits, income, dividends, or
General rule: All fruits belong to the owner of the thing. interests with which the pledge earns or produces but with the
obligation to compensate or set-off what he receives with those
Exceptions: (PULPA) which are owing him.
1. Possession in good faith by another- Possessor in good faith is 5. Antichresis- Creditor acquires the right to receive the fruits of an
entitled to the fruits received before the possession is legally immovable of his debtor, but with the obligation to apply them first
interrupted. Art. 546 to the interest if owing and then to the principal amount of the credit.

ARTICLE 546. Article 444. Only such as are manifest or born are considered as natural or
Necessary expenses- Shall be refunded to every possessor; but only the industrial fruits.
possessor in good faith may retain the thing until he has been reimbursed
therefor. With respect to animals, it is sufficient that they are in the womb of the
mother, although unborn.
Useful expenses- refunded only to the possessor in good faith with the same
right of retention, the person who has defeated him in the possession 1. Plants which produce only one crop and then perish (rice, corn, sugar)-
having the option of refunding the amount of the expenses or of paying the Deemed manifesting or existing from the time the seedlings appear
increase in value which the thing may have acquired by reason thereof. from the ground.
2. Plants and trees which live for years and give periodic fruits (mangoes,
2. Usufruct- Usufructuary is entitled to all the fruits of the property on coconuts, oranges)- Not deemed existing until they actually appear on
usufruct. Art. 566 the plants or trees
3. Animals- Deemed existing at the beginning of the maximum
ARTICLE 566. The usufructuary- entitled to all the natural, industrial and civil ordinary period of gestation (being the criterion that they are already
fruits of the property in usufruct. in in the mother’s womb)
3. Lease of rural lands- Lessee is entitled to the fruits of the land with 4. Fowls- Beginning of intubation
the owner getting the civil fruits in the form of rents paid by the 5. Products of the soil- Natural or industrial only if manifest or visible
lessee. 6. Young of animals- Natural fruits only if existing in the womb of the
mother, though unborn.

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
● The ownership or improvements whether for utility or abandonment
made on the separate property of the spouses at the expense of the
ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY partnership or through the acts or efforts of either or both spouses
shall pertain to the conjugal partnership or to the original
Article 445. Whatever is built, planted or sown on the land of another and the owner-spouse subject to the following rules:
improvements or repairs made thereon, belong to the owner of the land, subject ○ When the cost of the improvement made by the conjugal
to the provisions of the following articles. partnership and any resulting increase in value are more than
the value of the property at the time of the improvement- Entire
Accession Industrial: property of one of the spouses shall belong to the conjugal
1. Building partnership, subject to reimbursement of the value of the property
2. Planting and of the owner-spouse at the time of the improvement.
3. Sowing ○ Otherwise, said property shall be retained in ownership by the
owner-spouse, likewise subject to reimbursement of the cost
Accession Natural: of the improvement.
1. Alluvion
2. Avulsion In either case, the ownership of the entire property shall be vested upon
3. Change of course f rivers the reimbursement, which shall be made at the time of the liquidation of
4. Formation of islands the conjugal partnership.

General rule: Whatever is built, planted or sown on the land of another and GENERAL RULE ON ACCESSION INDUSTRIAL
the improvements or repairs made thereon belong to the owner of the land
subject. Article 446. All works, sowing, and planting are presumed made by the
owner and at his expense, unless the contrary is proved.
Exception: Articles 447-456 and Article 120 of the Family code (reverse
accession) Presumption
● The works, sowing and planting are made by the owner
● They were at the owner’s expense

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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Building - generic term for all architectural work with a roof built for the
purpose of being used as man’s dwelling, or for offices, clubs, theaters, etc.
Article 447. The owner of the land who makes thereon, personally or through
Planting- Those planted in order to belong to the owner of the land. another, plantings, constructions or works with the materials of another, shall
pay their value; and, if he acted in bad faith, he shall also be obliged to the
Repairs- Implies the putting of something back into the condition in which reparation of damages. The owner of the materials shall have the right to
it was originally and not an improvement in the condition thereof by adding remove them only in case he can do so without injury to the work constructed, or
something new thereto. without the plantings, constructions or works being destroyed. However, if the
landowner acted in bad faith, the owner of the materials may remove them in
any event, with a right to be indemnified for damages.
SOWING PLANTING

Sowing involves putting seeds into Involves taking a living plant which Article 454. When the landowner acted in bad faith and the builder, planter
a soil, the seed then germinates and needs water and light, and putting or sower proceeded in good faith, the provisions of article 447 shall apply.
a plant grows. it into the soil.

Annual crops which are plants that Perennial crops which don't need to Article 447 applies when the owner of the property uses the materials of another,
perform their entire life cycle from be replanted each year. After whether personally or through another.
seed to flower. Plants that perform harvest, they automatically grow
their entire life cycle from seed to back (Permanence) Article 447 presupposes that the owner of the material is in good faith:
flower (No permanence) He is not aware that there exist in his title or mode of acquisition any flaw
which invalidates it

LANDOWNER IN BF:
If he knows that the construction materials that he used is owned by
another person but still used it in his land.

OWNER OF MATERIALS IN GF:

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
1. If he is not aware that his materials are being used by another person
2. Once he became aware, he informed the person using his materials
that it was his and that he prohibited/objected to using his materials.
LANDOWNER IN GF OWNER OF THE MATERIALS IN BF
OWNER OF MATERIALS IN BF:
If he is aware that his materials are being used by another person and did He becomes the owner of the Owner of the materials may be
not object or did not prohibit that person from using his materials.. materials but he shall pay the value liable for any consequential
of the materials damages without right or removal
whether or not injury would be
It is important to know who is in good faith and who is in bad faith to know the
caused.
rights and liabilities of each party, and the one in GF is given the option to
exercise his right under the law
When both parties are in bad faith, they shall both be treated as being in good
faith.
LANDOWNER IN GF OWNER OF THE MATERIALS IN GF

He becomes the owner of the Owner of the materials can remove Article 448. The owner of the land on which anything has been built, sown or
materials but he shall pay the value them if the removal can be done planted in good faith, shall have the right to appropriate as his own the works,
of the materials without injury to the plantings, etc. sowing or planting, after payment of the indemnity provided for in articles 546
and 548, or to oblige the one who built or planted to pay the price of the land,
and the one who sowed, the proper rent. However, the builder or planter cannot
LANDOWNER IN BF OWNER OF THE MATERIALS IN GF be obliged to buy the land if its value is considerably more than that of the
building or trees. In such case, he shall pay reasonable rent, if the owner of the
He becomes the owner of the 1. Owner of the materials may
land does not choose to appropriate the building or trees after proper indemnity.
materials but is obliged to: remove them if he so
1. Pay the value of the materials desires, even if the removal The parties shall agree upon the terms of the lease and in case of disagreement,
2. Pay damages may cause injury to the the court shall fix the terms thereof.
plantings, etc. + damages
2. Owner of the materials may Article 448 refers to a land whose ownership is claimed by 2 or more
ask for value + damages. parties, one of whom has built some works, or sown or planted something.

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
found out that the land belongs to someone else. In this case, the
SC held that because of the peculiar circumstances of this case, the
ARTICLE 448 APPLIES WHEN: son in this case was allowed to enjoy the benefits granted to a BPS
1. BPS in GF. When he believes that he has the right to build, plant or in GF under Art. 448, NCC because of the close relationship of a
sow because he thinks he owns the land or believes himself to have a parent and child.
claim of title
LO in GF: He honestly believed himself to be the owner of the land or, PADILLA V MALIKSI
atleast to have a claim of title, or he proceeded with the knowledge, There was a group of informal settlers who paid consideration for the right to
tolerance, consent or permission of the owner. occupy a parcel of land to a certain “Biyuda de dios” who gave them permission
to construct their house in the subject property. However, it was later found out
2. BPS in BF: When he knew at the time of the building that he was not that the property was registered in the name of the Spouses Padilla. Hence the
the owner of the land filing of the action of recovery of possession. The SC held that the case of
LO in BF: If he knew that the construction materials that he used are Sarmiento v Agana will not be applicable in the case at bar because in the case at
owned by another person but still used it in his land. bar, the one who gave the permission was not related to the builders and was a
Article 453. If there was bad faith, not only on the part of the person who total stranger. Thus, had they only inquired on the status of the property and not
built, planted or sowed on the land of another, but also on the part of the relied only on a total stranger, they could have easily learned that it was
owner of such land, the rights of one and the other shall be the same as registered in the name of the Sps. Padilla.
though both had acted in good faith.
ARTICLE 448 IS NOT APPLICABLE:
3. BPS in BF: When he knew at the time of the building that he was not 1. If there is another special law or special legislation that will be
the owner of the land however, LO expressly consented to the applicable to the situation.
construction (EXPANDED DEFINITION OF BPS in GF) 2. If there is a contract between the BPS and LO

GENERAL RULE: The landowner must give the permission LEGASPI TOWERS 200,INC v LEVISTE MANAGEMENT SYSTEM, INC
EXCEPTION: SARMIENTO VS AGANA in this case, the son was Article 448 of the New Civil Code on builders in good faith does not apply in
allowed by his father, (who thought that he was the owner of the instances where there is a contractual relation between the parties and that it is
land) to construct a house in the said land. However, it was later applied to prevent a state of forced co-ownership. In the case at bar, Article 448

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 PROPERTY LAW
Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
cannot apply because the applicable law is R.A No. 4726 or also known as The
Condominium Act which is a special law, and between a general law and a
LANDOWNER IN GF BPS IN BF
special law, the special law prevails. Article 448 on builders on good faith cannot
apply in this instance where the owner of the land and the builder are already 1. To appropriate what has 1. BPS in bad faith on the land
bound by the specific legislation. Under R.A 4726, the air space on top of a
been BPS in BF without any of another, loses what is
condominium unit is not owned by the unit owner but by the owner of the land.
Thus, Article 448 cannot be applied. obligation to pay any built, planted or sown
indemnity therefor EXCEPT without right to indemnity.
necessary expenses for the (Art. 449.)
LANDOWNER IN GF BPS IN GF
preservation of the land, 2. He may be required to
1. To appropriate the Immaterial since the option given plus DAMAGES remove or demolish the
improvement upon payment by law to retain the premises and 2. May demand the demolition work, etc. in order to replace
of the required indemnity pay for the improvements thereon of the work, or that the things in their former
based on its present or planting or sowing be condition at his expense
current market value
removed, in order to replace 3. He may be compelled to pay
pursuant to Articles 546 and
548. things in their former the price of the land and in
2. Oblige the BP to pay the price condition at the expense of the case of the sower, to pay
(prevailing or current value at the person who built, the rent
the time the LO elected the planted or sowed; plus 4. He is liable as a further
choice or payment is made) of DAMAGES punishment for his bad faith,
the land (unless its value is
3. May compel the builder or for damages.
considerably more than that of
planter to pay the price of
the building or trees) and the
sower, to pay the proper rent the land, and the sower the
proper rent. (Art. 450.)

Damages should reasonably correspond with the value of the properties

lost or destroyed as a result of the occupation in bad faith, as well as the

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
expenses or of paying the increase in value which the thing may have
fruits from those properties that the owner of the land reasonably
acquired by reason thereof.
expected to obtain.

Article 548. Expense for pure luxury or mere pleasure shall not be
INDEMNITY: refunded to the possessor in good faith; but he may remove the
● Value of the loss suffered + profits which the obligee filed to obtain ornaments with which he has embellished the principal thing if it
● One who built or planted to pay the price of the land, and the one who suffers no injury thereby and if his successors in the possession do not
sowed the proper rent. prefer to refund the amount expended

NECESSARY EXPENSES USEFUL EXPENSES Article 449. He who builds, plants or sows in bad faith on the land of
another, loses what is built, planted or sown without right to indemnity.
Expresses made for the proper Expenses which add value to a
preservation of the thing and the thing, or augment its income, or
**As a just punishment for bad faith.
improvements introduced, or those make it more productive, or
which seek to prevent their waste, introduce improvements thereon
deterioration or loss; or those or increase its usefulness to the However, he is entitled for necessary expenses of preservation of the land
without which the thing would possessor, or better serve the incurred by him, but without right of retention until reimbursed which right
deteriorate or be lost purpose for which it is intended. is given to a possessor in good faith.

Article 546. Necessary expenses shall be refunded to every possessor; but RIGHT TO EXPENSES OF PRODUCTION
only the possessor in good faith may retain the thing until he has been EXPENSES INCURRED:
reimbursed therefor. IF THE PRODUCTS HAVE BEEN ALREADY IF THE CROP IS STILL
BEEN GATHERED STANDING OR GROWING AT
Useful expenses shall be refunded only to the possessor in good faith with THE TIME THE OWNER OF
the same right of retention, the person who has defeated him in the THE LAND RECOVERS IT
possession having the option of refunding the amount of the
By the builder and they are ordered Planter in bad faith loses

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
Article 450. The owner of the land on which anything has been built, planted or
delivered to the owner of the land, builder them without the right to any
should be reimbursed for the expenses indemnity in accordance with sown in bad faith may demand the demolition of the work, or that the planting
incurred for the production, gathering Article 449 without thus or sowing be removed, in order to replace things in their former condition at the
and preservation of the fruits in constitutes an exception to expense of the person who built, planted or sowed; or he may compel the builder
accordance with Article 443, for then the Article 443. or planter to pay the price of the land, and the sower the proper rent.
principle of accession no longer applies in
favor of the owner of the land.
Article 451. In the cases of the two preceding articles, the landowner is entitled to
damages from the builder, planter or sower.
In order for the production expenses to be refundable, such expenses
must have the following characteristics: **Encroachments on property in bad faith

1. That they are dedicated to the annual production and not merely for Article 450 applies when the owner of the land chooses not to exercise his
purposes of improvement; right to appropriate the improvements granted him by Article 449.
2. That they be not superfluous, excessive or for luxury but rather that
they be commensurate with that required by the products.
3. If the foregoing requisites are complied with, the same must be
LANDOWNER IN GF BPS IN BF
refunded by the recipient of the fruits to the one who incurred it
irrespective of whether the amount of the expenses far exceed the 1. To appropriate what has 1. BPS in bad faith on the land
value of the fruits. been BPS in BF without any of another, loses what is
obligation to pay any built, planted or sown
BASIC PRINCIPLES: indemnity therefor EXCEPT without right to indemnity.
A. He who is in good faith may be held responsible but will not be necessary expenses for the (Art. 449.)
penalized. preservation of the land, 2. He may be required to
B. To the owner of a thing, belongs the extension or increase of such plus DAMAGES remove or demolish the
thing. 2. May demand the demolition work, etc. in order to replace
of the work, or that the

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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planting or sowing be things in their former
Necessary expenses for cultivation, gathering and preservation must be paid by
removed, in order to replace condition at his expense
him who receives the fruits regardless of good or bad faith of the third person
things in their former 3. He may be compelled to pay
who incurred said expenses
condition at the expense of the price of the land and in
the person who built, the case of the sower, to pay
planted or sowed; plus the rent
Article 455. If the materials, plants or seeds belong to a third person who has not
DAMAGES 4. He is liable as a further
acted in bad faith, the owner of the land shall answer subsidiarily for their value
3. May compel the builder or punishment for his bad faith,
and only in the event that the one who made use of them has no property with
planter to pay the price of for damages.
which to pay.
the land, and the sower the
proper rent. (Art. 450.)
This provision shall not apply if the owner makes use of the right granted by
Damages should reasonably correspond with the value of the properties article 450. If the owner of the materials, plants or seeds has been paid by the
lost or destroyed as a result of the occupation in bad faith, as well as the builder, planter or sower, the latter may demand from the landowner the value
fruits from those properties that the owner of the land reasonably of the materials and labor.
expected to obtain. Right of the owner of the materials regardless of the good or bad faith of the
owner of the land and of the builder, planter, sower, the rights of the owner
and the builder, etc. being governed by the preceding articles.

Article 452. The builder, planter or sower in bad faith is entitled to OWNER OF THE BUILDER, PLANTER LANDOWNER
reimbursement for the necessary expenses of preservation of the land. MATERIALS IN GF OR SOWER

Entitled to Should reimburse the If the BPS is

Necessary expenses- Refunded to every possessor including one in bad faith
reimbursement for the owner of the materials insolvent,—the
value of the materials for the value of the landowner shall be
Right of retention- Only the possessor in good faith is entitled to retain the
principally from the materials subsidiarily liable
thing util he is reimbursed.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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BPS because he is the because he is benefited BPS is also liable to the
one who made use of by the accession when landowner.
the same. he appropriates what is
built, etc.
OM BPS LANDOWNER IN GOOD FAITH
IN BF IN BF
OWNER OF THE MATERIALS BPS AND LO IN GF
Entitled to Landowner can exercise his alternative rights
IN BAD FAITH
be unde 449 and 450
He forfeits his rights to his materials reimbursed
without the right to be indemnified, as by the BPS 1. To appropriate what has been BPS in
the case falls under Article 499 and BF without any obligation to pay any
makes himself liable for any indemnity EXCEPT necessary
consequential damages. expenses for the preservation of the
land, plus DAMAGES
2. May demand the demolition of the
OM IN GF BPS IN BF LANDOWNER IN GF work, or that the planting or sowing
If the owner In case of insolvency of the be removed, in order to replace things
appropriates the BPS, Landowner shall be in their former condition at the
accession, BPS shall be subsidiarily liable to the expense of the person who built,
principally liable to owner of the materials for planted or sowed; plus DAMAGES
the owner of the their value but not for the 3. May compel the builder or planter to
materials for their damages for he acted in pay the price of the land, and the
value plus damages. good faith. sower the proper rent. (Art. 450.)

with a right to demand damages from both.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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In negligence there is no intention to do wrong or cause damage unlike in
LANDOWNER SHALL BE SUBSIDIARILY LIABLE FOR THE VALUE OF THE bad faith which presupposes such intention.
MATERIALS IF THE FOLLOWING ARE PRESENT:
Article 2176. Whoever by act or omission causes damage to another, there
1. The OM is in good faith being fault or negligence, is obliged to pay for the damage done.
2. BPS has no property with which to pay
3. LO appropriates the accession to himself

BPS pays for the OM, BPS may ask reimbursement from the LO for the value of
the materials and labor to prevent unjust enrichment of the land owner at the
expense of the builder if:
1. BPS is in good faith
2. LO appropriates improvement
a. If LO is in BF, LO shall pay the value of the materials with
damages. BPS may remove them whether or not injury would
be caused, with damages.

Article 456. In the cases regulated in the preceding articles, good faith does
not necessarily exclude negligence, which gives right to damages under
article 2176.

Quasi-delict- Fault or negligence, if there is no pre-existing contractual

relation between the parties.

Good faith does not necessarily preclude negligence,

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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ALLUVION AND ACCRETION
RIPARIAN OWNER LITTORAL OWNER
Article 457. To the owners of lands adjoining the banks of rivers belong the
accretion which they gradually receive from the effects of the current of the Owner of the land adjacent to the Owner of the lands bordering the
waters. river bank shore of the sea or lake or other
tidal waters

ALLUVION ACCRETION
Accretion as a mode of acquiring property, requires the concurrence of the
Accretion which the bank of rivers Process whereby soil is gradually following requisites which if present would automatically give to the owners
gradually receive from the effect of deposited on lands adjoining the of lands adjoining the banks of rivers or streams any accretion gradually
the current of the waters and which banks of a river received from the effects of the current of waters::
belong to the owners of the lands
adjoining said banks. REQUISITES OF ALLUVION OR ACCRETION (G-CAE)
1. Deposit or accumulation of soil or sediment must be Gradual and
Increment which lands abutting imperceptible
rivers gradually receive as a result 2. Accretion must result from the effects or action of the Current of the
of the current of the waters. water.
3. That the land where Accretion takes place is adjacent to the bank of
Deposit of the soil or to the soil Act or process by which a riparian the river
itself land gradually and imperceptibly 4. The river must continue to Exist.
receives addition made by the water
to which the land is contiguous
REASONS FOR THE RULE:
Brought by accretion A. To compensate the owner for losses which they may suffer by
erosion
Applies only to the soil deposited on Broader term
B. To compensate them for the burdens of legal easements which are
river banks
imposed upon them
C. Because it is the owner of the contiguous land who can utilize the
***One claiming the accretion has the burden of proof increment to the best advantages

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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D. It is the only feasible solution since the previous owners can no Accretions deposited gradually upon lands contiguous to creeks, streams,
longer be identified. rivers, and lakes by accessions or sediments from the waters thereof
EFFECTS OF ACCRETION ON REGISTERED LANDS belong to the owners of such lands.
A. In case of diminution of area
Registration under Torrens System does not protect the riparian Article 457 does not apply where the accretion is caused by action of Manila
owners against the diminution of the area of his registered land. bay, it being a part of the sea, a mere indentation of the sea, hence part of
B. In case of increase of area the public domain and not available for private appropriation.
An alluvion is automatically owned by the riparian owner from the
moment the soil deposit can be seen; but the additional area does not Laguna de bay belongs to the owners of the lands to which they are added.
automatically become registered land just because the lot receives
such accretion is covered by a Torrens title. Riparian owners must
register the additional areas within 50 years. EFFECT OF PUBLIC SERVICE CONSTRUCTIONS OR EASEMENTS ON RIVER
BANKS
Owner of the adjoining property must register the same under the torrens 1. If a public service construction like a rail road or a road, is made on a
system, otherwise alluvial property may be subject to acquisition through river bank, it is the government or the railroad company which will
prescription by third persons own the accretion
2. If instead of a public service construction
RIVERS is a natural surface stream of water of considerable volume and
permanent or seasonal flow. Compound concept consisting of 3 elements: Article 458. The owners of estates adjoining ponds or lagoons do not
4. Running waters acquire the land left dry by the natural decrease of the waters, or lose that
5. Bed inundated by them in extraordinary floods.
6. Banks
Refers only to ponds and lagoons nad has no application when the estate
ARTICLE 457 MUST BE READ WITH ARTICLE 84 OF THE SPANISH LAW OF adjoins a creek, stream, river or lake.
WATERS
POND is a body of stagnant water without an outlet

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LAGOON is a small lake, ordinarily of fresh water and not very deep, fed by
floods, the hollow bed of which is bounded by the elevation of the land AVULSION “Force of river”
transfer of a known portion of land from one tenement to another by the
LAKE body of water formed in depressions of the earthBODY OF WATER force of the current. The portion of land must be such that it can be
FORMED IN DEPRESSIONS OF THE EARTH, ORDINARILY FRESH WATER, identified as coming from a definite tenement.
COMING FROM RIVERS, BROOKS, OR SPRINGS AND CONNECTED BY THEM
TO SEA.
REQUISITES:
1. Segregation and transfer must be caused by the current on a river,
ALLUVIUM AVULSION
creek or torrent
AS TO PROCESS 2. Segregation and transfer must be sudden or abrupt
3. Portion of land transported must be known or identified
Gradual and imperceptible Sudden or abrupt process

AS TO IDENTITY OF SOIL “REMOVAL WITHIN 2 YEARS” Owners must remove (not merely claim) the
transported portion within two years to retain ownership.
Soil cannot be identified Identifiable and verifiable

AS TO OWNERSHIP REASONS FOR REMOVAL

A. Segregated portion is usually very small
Belongs to the owner of the Belongs to the owner from whose B. If the area is large there is a need to claim for its value within 2 years
property to which it is attached property it was detached C. If there is no need for claim, ill feeling may arise between the
neighbors
D. To prevent legal absurdities
Article 459. Whenever the current of a river, creek or torrent segregates E. To prevent permanent attachment or
from an estate on its bank a known portion of land and transfers it to F. The principle is similar to that underlying Article 460.
another estate, the owner of the land to which the segregated portion
belonged retains the ownership of it, provided that he removes the same Article 460. Trees uprooted and carried away by the current of the waters
within two years. belong to the owner of the land upon which they may be cast, if the owners

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do not claim them within six months. If such owners claim them, they
shall pay the expenses incurred in gathering them or putting them in a safe
place. (369a)

***Applies only to uprooted trees. (If a known portion of land with trees
standing thereon is carried away by the current to another land, ARTICLE 459
GOVERNS).

RULE ON UPROOTED TREES

Trees uprooted and carried away on the current of waters belong to the
owner of the land upon which they may be cast, if the owners do not claim
them within 6 months. If such owners claim them, they shall pay the
expenses incurred in gathering them or putting them in a safe place.

6 MONTH PERIOD IS A CONDITION PRECEDENT AND NOT A

PRESCRIPTION
After a claim is made within 6 months, an action may be brought within the
period by law for prescription of movables.

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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CHANGE OF RIVER COURSE
REQUISITES:
Article 461. River beds which are abandoned through the natural change in 1. There must be a natural change in the course of the waters of the
the course of the waters ipso facto belong to the owners whose lands are river; otherwise the bed may be the subject of a State grant
occupied by the new course in proportion to the area lost. However, the 2. Change must be abrupt or sudden
owners of the lands adjoining the old bed shall have the right to acquire the 3. There must be abandonment by the owner of the bed
same by paying the value thereof, which value shall not exceed the value of 4. Change must be permanent; the rule does not apply to temporary
the area occupied by the new bed. overflowing; and
5. The river continues to exist
Refers to the fact of natural abandonment of the old course resulting from
the change of course of a river to a new location by natural occurrence. ABANDONED RIVERBEDS—Where there is abandonment by the government
of its right over the old bed, the owner of the invaded land automatically
Article 461 gives the right to the owners of lands occupied by the new acquires ownership of the same without the necessity of any formal act on his
course in proportion to the area lost. It is considered more equitable to part.
compensate the actual losers than to add land to those who have nothing.
No positive act is needed on their part, as it is subject ipso jure from the
RIPARIAN OWNERS—Given the preferential right to acquire the same by moment the mode of acquisition becomes evident.
paying the value thereof to promote the interest of agriculture because the
riparian owners of the old course can better cultivate the same.
RIPARIAN OWNER
Indemnification to be paid shall not exceed the value of the area occupied by the
SELLER new bed. In case of disagreement, the courts shall fix the reasonable Owner of the land adjacent to the river bank
indemnity from the old location to a new location.
“In proportion to the area lost '' 2 or more owners whose lands are
GENERAL RULE: occupied by the new bed. If only one owner was lost, he gets the entire
River beds which are abandoned through the natural change in the course of abandoned river bed
the waters ipso facto belong to the owners whose lands are occupied by the
new course in proportion to the area lost

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Jade R. Bondoc | Atty. Nueve-Co
SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
_____________________________________________________________________________________
Article 462. Whenever a river, changing its course by natural causes, opens
ARTICLE 459 ARTICLE 463
a new bed through a private estate, this bed shall become of public
dominion. Land owner from which the Land owner retains his ownership
segregated portion belonged retains (nothing is said about the said
Article 463. Whenever the current of a river divides itself into branches, the ownership provided that he recovery)
leaving a piece of land or part thereof isolated, the owner of the land removes the same within two
retains his ownership. He also retains it if a portion of land is separated years.
from the estate by the current.

The river that change course did not There was a permanent change in
FORMATION OF ISLAND BY THE BRANCHING OFF OF A RIVER
separate itself to branches. the river. River divided itself.
Whether the current if a river divides itself into branches, the isolated or
separated piece of land or any part thereof, the owner of such land retains The known portion is transferred to
ownership. someone else's property and not the
state.
ISOLATION—where the portion has not physically moved.
SEPARATION—when such portion has physically moved.

NOTE: Piece of land formed by isolation or separation belongs to the owner

of property B since no accession takes place. He retains ownership over the
land.

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FORMATION OF ISLANDS

Article 464. Islands which may be formed on the seas within the
jurisdiction of the Philippines, on lakes, and on navigable or floatable
rivers belong to the State.

ISLANDS MAY BE FORMED THROUGH ALUVION:

1. The seas within the jurisdiction of the Philippines
2. On lakes
3. On navigable or floatable rivers

Islands belong to the state as part of its patrimonial property.

NAVIGABLE OR FLOATABLE RIVERS—Useful for floatage and commerce,

whether the tides affect the water or not, should benefit trade and
commerce.

It is one which forms in its ordinary condition by itself or by uniting with

other waters a continuous highway over which commerce is or may be
carried on. (Determined by National Water Resources Board)

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Article 465. Islands which through successive accumulation of alluvial yield to the adverse possession of third parties, as indeed even accretion to
deposits are formed in non-navigable and non-floatable rivers, belong to land titled under the Torrens system must itself be registered.
the owners of the margins or banks nearest to each of them, or to the
owners of both margins if the island is in the middle of the river, in which b. The island is divided longitudinally in halves, if it is in the middle
case it shall be divided longitudinally in halves. If a single island thus of the river. (Equidistant from both banks)—to the riparian
formed be more distant from one margin than from the other, the owner of owners by halves.
the nearer margin shall be the sole owner thereof.
c. If a new island is formed between an existing island and an
opposite bank, the owner of the older island is considered a
FORMATION OF ISLANDS BY SUCCESSIVE ACCUMULATION OF ALLUVIAL riparian owner together with the owner of the land adjoining
DEPOSITS the bank for the purpose of determining the ownership of the
island under Art. 465.
A. It formed on the sea
a. Within territorial waters—state; and considered patrimonial
property.
b. Outside territorial waters—the first occupant

B. If formed in lakes, or navigable or floatable rivers—State; also

patrimonial property

C. If formed in non-navigable and non-floatable rivers:

a. It belongs to the nearest riparian owner or owner of the
margin or bank nearest to it as he is concerned in the best
position to cultivate and develop the island.

NO SPECIFIC ACT OF POSSESSION OVER THE ACCRETION IS REQUIRED.

HOWEVER, riparian owner fails to assert his claim thereof, the same may

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RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY
have been mixed)

Article 466. Whenever two movable things belonging to different owners KINDS
are, without bad faith, united in such a way that they form a single object,
1. Inclusion or 1. Commixtion
the owner of the principal thing acquires the accessory, indemnifying the
engraftment—Whe — mixture
former owner thereof for its value. n a diamond is set of solids
on a gold ring 2. Confusion—
Accession exists only if separation is not feasible, otherwise separation may 2. Soldadura or mixture of
be determined. soldering—Lead is liquids
united or fussed to
an object made of
ADJUNCTION/ COMMIXTION CLASSIFICATION lead
CONJUNCTION
Ferruminacion— Both
Union of 2 movable things 2 or more things accessory and principal
belonging to different belonging to objects are of the same
owners in such a way that different owners metal
they form a single object, are mixed or
but one of the component combined with the Plumbatura—If they are of
things preserves its value. respective different metals
identities of the
component parts 3. Escritura or
destroyed or lost Writing—. When a
person writes on
paper belonging to
(As compared to another
Adjunction, greater 4. Pintura or
inter-penetration painting— When a
or decomposition person paints on
of the objects that

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canvas belonging to
anotherTejido or
weaving—When
threads belonging to
different owners are
used in making
textile
TEST TO DETERMINE PRINCIPAL IN ADJUNCTION
1. “RULE OF IMPORTANCE AND PURPOSE”/ TEST OF INTENTION—To
ADJUNCTION REQUISITES: which other accessory has been united as an ornament or for its use
1. 2 movables belonging to 2 different owners or perfection
2. United in such a way that they form a single object 2. OF GREATER VALUE—if they are unequal values
3. So inseparable that their separation would impair their nature or
3. OF GREATER VOLUME—if they are of an equal value
result in substantial injury to either component.
4. GREATER MERITS TAKING INTO CONSIDERATION ALL THE
Article 467. The principal thing, as between two things incorporated, is PERTINENT LEGAL PROVISIONS APPLICABLE AS WELL AS THE
deemed to be that to which the other has been united as an ornament, or COMPARATIVE MERITS, UNITY AND VOLUME OF THEIR
for its use or perfection. RESPECTIVE THINGS—All pertinent provisions applicable as well as
the comparative merits, utility and volume..
Article 468. If it cannot be determined by the rule given in the preceding
article which of the two things incorporated is the principal one, the thing
of the greater value shall be so considered, and as between two things of
equal value, that of the greater volume.

In painting and sculpture, writings, printed matter, engraving and

lithographs, the board, metal, stone, canvas, paper or parchment shall be
deemed the accessory thing.

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Article 469. Whenever the things united can be separated without injury, ADJUNCTION IN GOOD FAITH BY EITHER OWNER
their respective owners may demand their separation.
EXCEPTIONS:
1. If the accessory can be separated without injury, their respective
Nevertheless, in case the thing united for the use, embellishment or
owners may demand their separation
perfection of the other, is much more precious than the principal thing, the
2. If the accessory is much more precious than the principal, the owner of
owner of the former may demand its separation, even though the thing to the accessory may demand the separation even if the principal suffers
which it has been incorporated may suffer some injury. some injury
3. If the owner of the thing has acted in bad faith
UNION TOOK PLACE IN GOOD FAITH UNION TOOK PLACE IN
BF

1. Owner of the principal thing acquires the If the union took place
accessory, with the obligation to in bad faith—Article
indemnify the former owner of the 470 applies
accessory for its value in its
uncontroverted state.
2. When they can be separated without
injury—their respective owners may
demand their separation.
3. If a thing united for the use, embellishment
or perfection of the other, is much more
precious than the principal thing,—owner of
the former may demand its separation,
even though the thing to which it has been
incorporated may suffer some injury.

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Article 470. Whenever the owner of the accessory thing has made the
incorporation in bad faith, he shall lose the thing incorporated and shall Article 471. Whenever the owner of the material employed without his
have the obligation to indemnify the owner of the principal thing for the consent has a right to an indemnity, he may demand that this consist in
damages he may have suffered. the delivery of a thing equal in kind and value, and in all other respects, to
that employed, or else in the price thereof, according to expert appraisal.
If the one who has acted in bad faith is the owner of the principal thing, the
owner of the accessory thing shall have a right to choose between the FORM OF INDEMNITY TO OWNER OF MATERIAL
former paying him its value or that the thing belonging to him be 1. Delivery of a thing quality in kind and value and in all other respects to
separated, even though for this purpose it be necessary to destroy the that employed; or
principal thing; and in both cases, furthermore, there shall be indemnity 2. Payment of price including its sentimental value as apprised by experts
for damages.

If either one of the owners has made the incorporation with the knowledge
and without the objection of the other, their respective rights shall be
determined as though both acted in good faith.

ADJUNCTION IN BAD FAITH BY THE OWNER OF THE

PRINCIPAL ACCESSORY BOTH OWNERS

Respective rights
1. Recover the value; or 1. He losses the shall be
2. Demand separation, accessory + determined as
even though it may damages though both are
be necessary to in good faith
destroy the principal
thing, + damages

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Article 472. If by the will of their owners two things of the same or RULES GOVERNING MIXTURE:
different kinds are mixed, or if the mixture occurs by chance, and in the
latter case the things are not separable without injury, each owner shall 1. MIXTURE BY WILL OF THE OWNERS—
acquire a right proportional to the part belonging to him, bearing in mind a. Rights shall be first governed by their stipulations
the value of the things mixed or confused. b. In the absence of any stipulation, each owner acquires a right
or interest in the mixture in proportion to the value of his
Article 473. If by the will of only one owner, but in good faith, two things of material mixed or confused as in co-ownership.
the same or different kinds are mixed or confused, the rights of the owners 2. MIXTURE CAUSED BY AN OWNER IN GOOD FAITH OR BY
shall be determined by the provisions of the preceding article. CHANCE—share of each owner shall also be proportional to the value
of the part which belonged to him.
If the one who caused the mixture or confusion acted in bad faith, he shall a. IF THE THINGS MIXED ARE EXACTLY OF THE SAME KIND
lose the thing belonging to him thus mixed or confused, besides being AND QUALITY—Things mixed can be separated without
obliged to pay indemnity for the damages caused to the owner of the other injury—Their respective owners may demand their separation
thing with which his own was mixed. and the expenses incident to separation shall be borne by all
the owners in proportion to their respective interest sin the
mixture.
COMMIXTION/MIXTURE— 2 or more things belonging to different owners 3. MIXTURE CAUSED BY AN OWNER BAD FAITH—Actor forfeits the
are mixed or combined with the respective identities of the component thing belonging to him and becomes liable to pay indemnity for the
parts destroyed or lost damages caused to the other owner.
4. MIXTURE MADE WITH THE KNOWLEDGE AND WITHOUT THE
(As compared to Adjunction, greater inter-penetration or decomposition of OBJECTION OF THE THER OWNER—Their respective rights shall be
the objects that have been mixed) deemed as though both acted in good faith.

KINDS:
1. Commixtion— mixture of solids belonging to different owners
2. Confusion— mixture of liquids belonging to different owners

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Article 474. One who in good faith employs the material of another in of another into a thing of a different kind (Art. 474.), such as
whole or in part in order to make a thing of a different kind, shall when flour is made into bread, or grapes into wine, or clay into
appropriate the thing thus transformed as his own, indemnifying the bricks.
owner of the material for its value. Rules governing specification.
They are the following:
If the material is more precious than the transformed thing or is of more (1) Person made use of material of another in good faith. - The
value, its owner may, at his option, appropriate the new thing to himself, worker becomes the owner of the new thing but he must indem-
after first paying indemnity for the value of the work, or demand nify the owner (also in good faith) of the material for its value.
indemnity for the material. (a) Exception.
- If the material is more precious or of
If in the making of the thing bad faith intervened, the owner of the more value than the new thing, the owner of the material
material shall have the right to appropriate the work to himself without may choose:
paying anything to the maker, or to demand of the latter that he indemnify 1) to appropriate the new thing to himself but must
him for the value of the material and the damages he may have suffered. pay for the value of the work or labor; or
However, the owner of the material cannot appropriate the work in case 2) to demand indemnity for the material.
the value of the latter, for artistic or scientific reasons, is considerably Where the person who made use of the material acted inRULES
more than that of the material. GOVERNING SPECIFICATION
1. PERSON MADE USE OF MATERIAL OF ANOTHER IN GOOD
hacsuis, is Considerably more than wlat or the midterial. FAITH—Worker becomes the owner of the new thing but he must
(383a) indemnify the owner (also in good faith) of the material for its
Specification defined. value.
(1) Article 474 deals with accession by specification which
takes place whenever the work of a person is done on the Exception: If the material is more precious or of more value than the new
material of another, such material, in consequence of the work thing, the owner of the material may choose:
itself, undergoing a transformation. (3 Manresa 297.)
(2) It is the imparting of a new form to the material belonging a. to appropriate the new thing to himself but must pay for the
to another (3 Sanchez Roman 100.); or the making of the material value of the work or labor; or

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b. to demand indemnity for the material.
QUIETING OF TITLE
WHERE THE PERSON WHO MADE USE OF THE MATERIAL ACTED IN GOOD
FAITH BUT THE OWNER THEREOF ACTED IN BAD FAITH— the rules Article 476. Whenever there is a cloud on title to real property or any
provided in Article 470 (par. 2.) may be applied by analogy. The maker may interest therein, by reason of any instrument, record, claim, encumbrance
appropriate the new thing without paying the owner of the material or or proceeding which is apparently valid or effective but is in truth and in
require the owner to pay him the value of the thing or the value of his work fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial
or labor, with a right to indemnity For damages. to said title, an action may be brought to remove such cloud or to quiet the
title.
2. PERSON MADE US OF THE MATERIAL OF ANOTHER IN BAD
FAITH—The owner of the material has the option either to An action may also be brought to prevent a cloud from being cast upon title
appropriate the work to himself without paying the maker; or to to real property or any interest therein.
demand the value of the material plus damages.
Article 477. The plaintiff must have legal or equitable title to, or interest in
Exception: The first option is not available in case the value of the work, for the real property which is the subject matter of the action. He need not be
artistic or scientific reasons, is considerably more than that of the material. in possession of said property.
(see Art. 448.) (This exception prevents unjust enrichment of the owner of
the material at the expense of the maker. Here, the labor or Article 478. There may also be an action to quiet title or remove a cloud
work is considered as the principal.) therefrom when the contract, instrument or other obligation has been
extinguished or has terminated, or has been barred by extinctive
3. PERSON MADE USE OF MATERIAL. OF ANOTHER WITH THE prescription.
CONSENT AND WITHOUT THE OBJECTION OF THE
LATTER—Applying the provisions of Article 470 (par. 3.) by analogy, Article 479. The plaintiff must return to the defendant all benefits he may
their rights shall be determined as though both acted in good faith. have received from the latter, or reimburse him for expenses that may have
redounded to the plaintiff's benefit.
Article 475. In the preceding articles, sentimental value shall be duly
appreciated.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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Article 480. The principles of the general law on the quieting of title are
hereby adopted insofar as they are not in conflict with this Code.

Article 481. The procedure for the quieting of title or the removal of a cloud
therefrom shall be governed by such rules of court as the Supreme Court
shall promulgated.

Article 482. If a building, wall, column, or any other construction is in

danger of falling, the owner shall be obliged to demolish it or to execute
the necessary work in order to prevent it from falling.

If the proprietor does not comply with this obligation, the administrative
authorities may order the demolition of the structure at the expense of the
owner, or take measures to insure public safety. (389a)

Article 483. Whenever a large tree threatens to fall in such a way as to cause
damage to the land or tenement of another or to travelers over a public or
private road, the owner of the tree shall be obliged to fell and remove it;
and should he not do so, it shall be done at his expense by order of the
administrative authorities. (390a)

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TITLE III 3. There is no mutual representation by the co-owners
CO-OWNERSHIP 4. It exists for the common enjoyment of the co-owners
5. It has no distinct legal personality
ARTICLE 484. There is co-ownership whenever the ownership of an 6. It is governed first of all by the contract of the parties
undivided thing or right belongs to different persons. Otherwise, by special legal provisions and in default of such
provisions, by the provisions of Title III of co-ownership.
In default of contracts, or of special provisions, co-ownership shall be
governed by the provisions of this Title. SOURCES:

AS A RIGHT—Right of common dominion which 2 or more persons have in 1. CONTRACT—Such as when 2 persons shared in paying the purchase
a spiritual or ideal part of a thing which is not materially or physically price of a parcel of land with the agreement to divide the land equally
divided. between them.
2. BY FORTUITOUS EVENT OR BY CHANCE—In cases of commixtion or
By the nature of Co-ownership, a co-owner cannot point to any specific confusion which takes place by accident and discovery of hidden
portion of the property owned in common as his own because his share in it treasure.
remains intangible and ideal. 3. LAW—Easement of party walls; Absolute community of property
between spouses
ELEMENTS:: 4. OCCUPATION—When 2 persons catch a wild animal or fish in the
1. There are 2 or more co-owners open sea, or gather forest products. However, if there is an express or
2. Object of ownership must be a thing (real or personal) or right which implied agreement between them, the co-ownership may be said to
is undivided arise from contract but the ownership is acquired by occupation.
3. Each co-owner’s right must be limited only to his ideal share of the 5. SUCCESSION—In the case of heirs of undivided property before
physical whole. partition; Where some of the co-owners of a property die, the heirs of
those who die become co-owners of the property together with those
CHARACTERISTICS: who survived.
1. There are 2 or more co-owners
2. There is a single object which is not materially divided

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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6. BY TESTAMENTARY DISPOSITION OR DONATION INTER VIVOS—In
the case where the testator or donor. Prohibits partition of the
CO-OWNERSHIP PARTNERSHIP
property for a certain period of time.
May be created without the Can be created only by contract,
formalities of a contract express or implied

Has no juridical or legal personality Juridical personality distinct from

CO-OWNERSHIP JOINT OWNERSHIP the partners exists

Each co-owner, together There is no abstract share ownership by the Purpose is the collective enjoyment Purpose is to obtain profits
with the other is the co-owners, the rights of joint tenants being of the thing
owner of the whole inseparable
undivided thing or right Can dispose of his share without Cannot do so and substitute
but at the same time of the consent of the others with the another as a partner in his place
his own ideal part thereof transferee automatically becoming
a co-owner UNLESS AUTHORIZED
Unlike the joint tenant Joint tenant is not permitted to dispose of his
share or interest in the property without the No mutual representation Partner can generally bind
consent of the others partnership

If joint tenant dies, his ownership dies with Distribution of profits must be Distribution of profits is subject to
him and the survivors are subrogated to the proportional to the respective the stipulation of the partners
rights of the deceased immediately upon the interests of the co-owners
death of the latter by virtue of their right of
Not dissolved by the death or Dissolved by the death or
survivorship or jus accrescendi
incapacity of a co-owner incapacity of a co-owner
Disability of joint tenant inures to the benefit
Agreement to keep the thing There may be agreement as to any
of the others for purposes of prescription, and
undivided for a period of more than definite term without limit set by
therefore, prescription will not run against the
10 years is void (although it can be law
atter who can invoke the disability as a
extended by a new agreement)
defense

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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IF IT SUFFERS DIMINUTION—They shall have to share the same in
accordance with their interests.
CO-OWNERSHIP EASEMENT

There is right of dominion over the Precisely a limitation on the right of CONTRARY STIPULATION IN A CONTRACT—Void because such stipulation
whole property and over his dominion is contrary to the essence of a co-ownership.
undivided share HOWEVER, Article 485 speaks of stipulation in a contract. If the
Right of ownership rests solely on Right of dominion is in favor of one co-ownership is created other than by a contract, such as by WILL or
each and every co-owner over a or more persons and over 2 or more by DONATION, the share of the co-owners need not be proportionate to
single object different things their respective interests

Article 485. The share of the co-owners, in the benefits as well as in the
charges, shall be proportional to their respective interests.
Article 486. Each co-owner may use the thing owned in common, provided
Any stipulation in a contract to the contrary shall be void. he does so in accordance with the purpose for which it is intended and in such
a way as not to injure the interest of the co-ownership or prevent the other
The portions belonging to the co-owners in the co-ownership shall be co-owners from using it according to their rights. The purpose of the
presumed equal, unless the contrary is proved. co-ownership may be changed by agreement, express or implied.

● His benefit and charges shall be proportional with the interest. ARTICLE 486—LIMITS THE RIGHT OF EACH CO-OWNER TO MAKE USE OF
● The interests of the co-owners are presumed equal unless the contrary THE THING OWNED IN COMMON.
is proved
LIMITATIONS:
THE ACCRETION ADDED TO ANY PORTION OF LAND OWNED IN 1. Use according to the purpose for which it was intended
COMMON—Benefit the co-owners in the same proportion 2. Interest of the co-ownership must not br prejudiced
3. Other co-owners must not be prevented from using it according to
their own rights

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ARTICLE 488. Each co-owner shall have a right to compel the other
Article 487. Any one of the co-owners may bring an action in ejectment. co-owners to contribute to the expenses of preservation of the thing or
right owned in common and to the taxes. Any one of the latter may exempt
EJECTMENT—in this article refers to any action the purpose of which is to himself from this obligation by renouncing so much of his undivided interest
recover possession. as may be equivalent to his share of the expenses and taxes. No such waiver
shall be made if it is prejudicial to the co-ownership.
ARTICLE 487 AUTHORIZES ANY CO-OWNER TO BRING, IN BEHALF OF
HIMSELF AND THE OTHER CO-OWNERS, AN ACTION IN EJECTMENT ARTICLE 488 REFERS ONLY TO NECESSARY EXPENSES. LUXURIOUS AND
AFFECTING THE CO-OWNERSHIP, AND THE SUIT MAY PROCEED WITHOUT USEFUL ARE NOT COVERED.
IMPLEADING THE OTHER CO-OWNERS. (applies only if the suit is for the benefit
of all) EXPENSES OF PRESERVATION OF THE THING OR RIGHT OWNED IN
COMMON AND THE AMOUNT OF TAXES DUE THEREON—Should be borne
Since the co-owner is an owner of the whole and over the whole he exercises by all.
rights of dominion and it is deemed to be instituted for the benefit of all.
And it follows that an attorney-in fact of the plaintiff co-owner does not Article 489. Repairs for preservation may be made at the will of one of the
need authority from all the co-owners. co-owners, but he must, if practicable, first notify his co-owners of the
necessity for such repairs. Expenses to improve or embellish the thing
An adverse decision in the action is not necessarily res judicata with shall be decided upon by a majority as determined in article 492.
respect to the other co-owners not being parties to the action. (THERE IS
NO MUTUAL REPRESENTATION BETWEEN THE OWNERS.)

AGAINST STRANGERS OR CO-OWNERS—It contemplates all actions for the

recovery of possession and ownership including actions to quiet title.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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Article 491. None of the co-owners shall, without the consent of the others, d. Mortgage or pledge
make alterations in the thing owned in common, even though benefits for e. Alienation of the thing by sale or donation of the property
all would result therefrom. However, if the withholding of the consent by one 2. Alteration may be prejudicial or beneficial to the co-ownership, and
may have been made in opposition to the express or tacit common
or more of the co-owners is clearly prejudicial to the common interest, the
agreement or in accordance with such agreement, or with the
courts may afford adequate relief.
consent of other co-owners

ALTERATION ALTERATION OF THE CO-OWNER IN BAD FAITH:

Contemplets a change made by a co-owner in the thing owned in common He would:
which involves: 1. Lose what he has spent
2. Be obliged to demolish the improvements done
1. Change of the thing from the state or essence in the others believe it 3. Be liable to pay for losses and damages the community property or
should remain; or the other co-owners may have suffered.
2. Withdrawal of the thing from the use to which they wish it to be
intended WHATEVER IS BENEFICIAL OR USEFUL TO THE CO-OWNERSHIP SHALL
3. Any other transformation which prejudices the condition or BELONG TO IT.
substance of the thing or its enjoyment by the others.
ALTERATION ADMINISTRATION

YOU NEED TO GET THE EXPRESS/ IMPLIED CONSENT OF ALL THE Has a more permanent result and Enjoyment of the thing and is of a
OWNERS—Even if it would be beneficial as it is an act of ownership and not relates to the substance or form of transitory character and have for
of mere administration. A co-owner cannot deal with the thing or right the thing. their purpose the preservation,
owned in common at will and invade the proprietary rights of the other preparation and better enjoyment
of the thing and which do not affect
co-owners.
its essence, nature or substance.

Includes: Nature of the thing does not require

1. Act of strict dominion or ownership by which a real right or modification of changes.
encumbrance is imposed on the common property, such as:
a. Servitude Unanimous consent is required by
b. Registered lease law
c. Lease of real property for more than a year

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Article 492. For the administration and better enjoyment of the thing INTERVENTION OF THE COURT—Interested party may take such measures
owned in common, the resolutions of the majority of the co-owners shall as it may deem proper, including the approval of the lease or appointment of
be binding. an administrator

There shall be no majority unless the resolution is approved by the co-owners Article 493. Each co-owner shall have the full ownership of his part and of
who represent the controlling interest in the object of the co-ownership. the fruits and benefits pertaining thereto, and he may therefore alienate,
assign or mortgage it, and even substitute another person in its
Should there be no majority, or should the resolution of the majority be enjoyment, except when personal rights are involved. But the effect of the
seriously prejudicial to those interested in the property owned in common, alienation or the mortgage, with respect to the co-owners, shall be limited
the COURT, at the instance of an interested party, shall order such to the portion which may be allotted to him in the division upon the
measures as it may deem proper, including the appointment of an termination of the co-ownership.
administrator.
Article 494. No co-owner shall be obliged to remain in the co-ownership.
Whenever a part of the thing belongs exclusively to one of the co-owners, Each co-owner may demand at any time the partition of the thing owned in
and the remainder is owned in common, the preceding provision shall common, insofar as his share is concerned.
apply only to the part owned in common.
Nevertheless, an agreement to keep the thing undivided for a certain
Example of ADMINISTRATION: period of time, not exceeding ten years, shall be valid. This term may be
1. Unregistered lease of one year or less extended by a new agreement.
2. Appointment of an administrator to manage the property
3. Engaging the services of a lawyer to preserve the ownership and A donor or testator may prohibit partition for a period which shall not
possession of the property exceed twenty years.
4. Payment made in the ordinary course of management
Neither shall there be any partition when it is prohibited by law.
MAJORITY RULE PREVAILS—Owners who represent the controlling
interests (at least 51% of the financial interest).

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No prescription shall run in favor of a co-owner or co-heir against his REQUIREMENTS OF REPUDIATION
co-owners or co-heirs so long as he expressly or impliedly recognizes the 1. He had performed unequivocal acts of repudiation of the
co-ownership. co-ownership amounting to an ouster of the cestui que trust or the
other co-owners
RIGHTS OF EACH CO-OWNER: 2. Such positive acts of repudiation have been made known to the cestui
1. He shall have the full ownership of his part, that is, his undivided que trust or the other co-owners
interest or share in the common property 3. The evidence thereon is clear, complete and conclusive in order to
2. He shall have the full ownership of the fruits and benefits pertaining establish prescription without any shadow of doubt
thereto, 4. His possession is open, continuous, exclusive and notorious for the
3. He may alienate, assign or mortgage his ideal interest or share period required by laws.
independently of the other co-owners
4. He may even substitute another person in its enjoyment of his part, GENERAL RULE:
except when personal rights are involved. 10 years as we apply the rule in implied trust in article 1456. We
5. He may demand at any time the partition of the thing owned in recon from the actual registration of the co-owned property in only
common, insofar as his share is concerned. one of the co-owners name.

PARTITION—Separation, division and assignment of a thing held in EXCEPTION:

common among those to whom it may belong. It may be effected If he engages in some acts which made them believe that they are still
extrajudicially by the heirs themselves through a public instrument filed co-owners.,
before the register of deeds.

IF HE REPUDIATES HIS CO-OWNERSHIP—Prescription may run in favor of a ABC CO-OWNED A PARCEL OF LAND. IN 2000, A REGISTERS A
co-owner against his co-owners PROPERTY IN HIS OWN NAME. BUT HE STILL ALLOWS B TO US EHIS
PARCEL OF LAND AND ALLOWS B TO BUILD AND RESIDE A HOUSE.
IT WAS ONLY 2015 WHEN B AND C CAME TO REALIZE THAT A
REGISTERED THE PROPERTY IN HIS OWN NAME.

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SOURCE: RABUYA LECTURE + DE LEON BOOK 2015 + 2019 MEMAID + RECITS
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Are they already barred by prescription? No. We should count the executed, unless there has been fraud, or in case it was made notwithstanding
prescriptive period from the actual knowledge of the registration. a formal opposition presented to prevent it, without prejudice to the right of
the debtor or assignor to maintain its validity.
Article 495. Notwithstanding the provisions of the preceding article, the CREDITORS DO NOT HAVE THE RIGHT TO STOP THE PARTITION—Their
co-owners cannot demand a physical division of the thing owned in only right is to prevent fraud or to prevent that they be defrauded so they
common, when to do so would render it unserviceable for the use for which have the right to participate in the judicial partition to ensure payment
it is intended. BUT co-ownership may be terminated in accordance with
article 498. IF THEY HAVE BEEN NOTIFIED AFTER PARTITION—They cannot annul
but can run against the said separate owners or assignees to get the
Article 496. Partition may be made by agreement between the parties or by payment of the debt
judicial proceedings. Partition shall be governed by the Rules of Court
insofar as they are consistent with this Code. RIGHT TO OBJECT TO OR IMPUGN PARTITION—
If no notice is given— c or a may question the partition already made
Not subject to statute of fraud as it is just a mere division of a co-owned If notice is given— it is their duty to appear and make known their position;
property they may concur with the proposed partition or object to its being effected

EXTRAJUDICIAL JUDICIAL
ARTICLE 498. Whenever the thing is essentially indivisible and the
The co-owner does not have Co-owners have creditors. co-owners cannot agree that it be allotted to one of them who shall
creditors. indemnify the others, it shall be sold and its proceeds distributed.

It does not have to be formal. As it is not subject to statute of frauds because YOU DIVIDE THE PROCEEDS AND NOT THE ACTUAL CO-OWNED
it is not a conveyance to another person but is A MERE DIVISION PROPERTY.

ARTICLE 497. The creditors or assignees of the co-owners MAY take part in Article 499. The partition of a thing owned in common shall not prejudice
the division of the thing owned in common and object to its being effected third persons, who shall retain the rights of mortgage, servitude or any
without their concurrence. But they CANNOT impugn any partition already other real rights belonging to them before the division was made. Personal

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rights pertaining to third persons against the co-ownership shall also 1. Defects of title or quality of the portion assigned to a co-owner and
remain. in force, notwithstanding the partition. 2. Quality for hidden defects (Article 501);

Article 500. Upon partition, there shall be a mutual accounting for benefits EXTINGUISHMENT OF CO-OWNERSHIP
received and reimbursements for expenses made. Likewise, each co-owner 1. Judicial partition
shall pay for damages caused by reason of his negligence or fraud. 2. Extrajudicial partition
3. Prescription by co-owner
4. Prescription by stranger
5. Merger in one co-owner
NECESSARY USEFUL EXPENSES LUXURIOUS
EXPENSES EXPENSES 6. Loss or destruction
7. Expropriation
without the consent Incurred when? 8. Termination of the period agreed upon or imposed by the donor or
Consent? testator or of the period allowed by law
9. By the sale by the co-owners of the thign to a 3rd person and the
distribution of its proceeds among them.
Article 501. Every co-owner shall, after partition, be liable for defects of
title and quality of the portion assigned to each of the other co-owners. Article 490. Whenever the different stories of a house belong to different
owners, if the titles of ownership do not specify the terms under which
10 yr agreement- not to partition they should contribute to the necessary expenses and there exists no
20 yr- can prohibit partition agreement on the subject, the following rules shall be observed:

Obligations of the co-owners UPON partition: (1) The main and party walls, the roof and the other things used in
common, shall be PRESERVED at the expense of all the owners in proportion
1) Mutual accounting for benefits received (Article 500); to the value of the story belonging to each;
2) Mutual reimbursement for expenses (Article 500);
3) Indemnity for damages in case of negligence or fraud (Article 500);
4) Reciprocal warranty for:

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(2) Each owner shall bear the cost of maintaining the floor of his story; the
floor of the entrance, front door, common yard and sanitary works common to
all, shall be maintained at the expense of all the owners pro rata;

(3) The stairs from the entrance to the first story shall be maintained at the
expense of all the owners pro rata, with the exception of the owner of the
ground floor; the stairs from the first to the second story shall be preserved
at the expense of all, except the owner of the ground floor and the owner of the
first story; and so on successively.

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CONDOMINIUM ACT UNIT—part of the condominium protect intended for any type of the
CONDOMINIUM—Interest in real property consisting of a separate interest independent use or ownership, including one or more rooms or spaces
in a unit in a residential, industrial or commercial building and an undivided located in one or more floors (or parts of floors) in a building or building
interest in common, directly or indirectly, in the land on which it is located and such accessories as may be apprehended thereto.
and in other common areas of the building.
PROJECT—The entire parcel of real property divided or to be divided in
Is it Co-ownership over the unit? Yes condominiums including all structures thereon.
Can there be other rights beside the Ownership? Yes. The interests in a CONDOMINIUM CORPORATION—Corporation which holds title to the
condominium MAY BE OWNERSHIP OR ANY OTHER REAL RIGHT in real common areas including the land, or the appurtenant interests in such
property recognized by the law of property in the civil code and other areas, in which the holders of separate interests shall automatically be
pertinent laws. members or shareholders, to the exclusion of others in proportion to the
appurtenant interest of their respective units in the common areas.
HORIZONTAL CONDOMINIUM—Subdivision or Townhouse
Common area—Clubhouse and other amenities. Ownership over a condominium unit is acquired by the buyer only after he
had fully paid the purchase price.
VERTICAL CONDOMINIUM ARTICLE 490, NCC
DOCUMENTS TO CONSIDER IN THE REGISTRY OF DEEDS
Building consists of several stories, Different stories of a house belong 1. Enabling or Master Deed—which shall contain among others:
each story being divided into to different owners. a. Description of the land on which the building or buildings and
different units owned by different improvements are or are to be located;
persons who are members or
b. Description of the building or buildings stating the number of
shareholders of a condominium
corporation which may be formed stories and basements the number of units and their accessories, if
to hold title to the common areas any;
and to the management of the c. Description of the common areas and facilities
project. d. A statement of the exact nature of the interest acquired or to be
acquired by the purchaser in the separate units and in the
common areas of the condominium project

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e. Statement of the purposes for which the building or buildings columns, floors, roofs, foundations and other common
and each of the units are intended or restricted as to use structural elements of the building; lobbies, stairways,
f. A certificate of the registered owner of the property, if he is hallways, and other areas of common use, elevator equipment
other than those executing the master deed, as well as of all and shafts, central heating, central refrigeration and central
registered holders of any lien or encumbrance on the property, air-conditioning equipment, reservoirs, tanks, pumps and
that they consent to the registration of the deed; other central services and facilities, pipes, ducts, flues, chutes,
g. The following plans shall be appended to the deed as integral conduits, wires and other utility installations, wherever
parts thereof: located, except the outlets thereof when located within the
i. A survey plan of the land included in the project, unless unit.
a survey plan of the same property had previously bee b. There shall pass with the unit, as an appurtenance thereof, an
filed in said office; exclusive easement for the use of the air space encompassed by the
ii. A diagrammatic floor plan of the building or buildings in boundaries of the unit as it exists at any particular time and as
the project, in sufficient detail to identify each unit, its the unit may lawfully be altered or reconstructed from time to
relative location and approximate dimensions; time. Such easement shall be automatically terminated in any
h. Any reasonable restriction not contrary to law, morals or public air space upon destruction of the unit as to render it
policy regarding the right of any condominium owner to untenantable.
alienate or dispose of his condominium. c. Unless otherwise provided, the common areas are held in
common by the holders of units, in equal shares, one for each unit.
2. Declaration of Restriction—Restrictions which shall constitute as a lien d. A non-exclusive easement for ingress, egress and support
upon each condominium and shall inure to and bind all condominium through the common areas is appurtenant to each unit and the
owners. Management of the project by anyone such as: condominium common areas are subject to such easements.
corporation, an association of the condominium owners, board of e. Each condominium owner shall have the exclusive right to
governors elected by condominium owners, or a management agent paint, repaint, tile, wax, paper or otherwise refinish and
elected by the owners ot by the board named declaration. decorate the inner surfaces of the walls, ceilings, floors,
a. The boundaries of the unit granted are the interior surfaces of windows and doors bounding his own unit.
the perimeter walls, floors, ceilings, windows and doors f. Each condominium owner shall have the exclusive right to
thereof. The following are not part of the unit bearing walls, mortgage, pledge or encumber his condominium and to have

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the same appraised independently of the other condominiums that where the common areas in the condominium are held by the owners of
but any obligation incurred by such condominium owner is separate units as co-owned thereof, no condominium unit therein shall be
personal to him. conveyed or transferred to persons other than Filipino citizens or
g. Each condominium owner has also the absolute right to sell or corporations at least 60% of the capital stock of which belong to Filipino
dispose of his condominium unless the master deed contains a citizens, except in cases of hereditary succession.
requirement that the property be first offered to the
condominium owners within a reasonable period of time
before the same is offered to outside parties; STOCK HOLDINGS—Computed by:
3. Articles and By-Laws of the Condominium Corporation or the Each unit shall have an equal share in the interest.
association where applicable.
Condominium corporations regardless of whether it is a stock or non-stock
corporation shall not be transferable separately from the condominium unit
of which it is an appurtenance
DIRECT UNDIVIDED INTEREST INDIRECT UNDIVIDED INTEREST

Co-owned by different owners Owned by Condominium Condominium corporation is primarily governed by the corporation code.
Corporation
GENERAL RULE: A condominium owner which has 1 unit has 1 vote, and a
condominium unit which has 3 rooms is also equivalent to 1 vote.

CONDOMINIUM CORPORATION CONDOMINIUM OWNERS

Exception:
Corporation shall constitute the They must create a managing body
management body of the project pr condominium association Unit owner is given the same exact right with a

FOREIGN OWNERSHIP—Any transfer or conveyance of a unit or an Condominium corporation shall be COTERMINOUS with the duration of the
apartment, office or store or other space therein, shall include transfer or condominium project.
conveyance of the undivided interest in the common areas or the
membership or shareholdings in the condominium corporation: PROVIDED

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UPON REGISTRATION OF MASTER DEED AND DECLARATION OF project has not been rebuilt or repaired substantially to its state prior to
RESTRICTIONS, THE SALE INCLUDE A SPA OF THE OWNER THROUGH THE its damage or destruction; or
DEVELOPER—
2. NON-STOCK—That damage or destruction to the project has
rendered 1/2 or more of the units therein untenantable and that
An assessment upon any condominium made in accordance with a duly
more than 30% of the members of the corporation
registered declaration of restrictions shall be an obligation of the owner at
the time the assessment is made. The amount of any such assessment plus STOCK CORPORATION— shareholders representing more than 30%
any other charges thereon, such as interest, costs (including attorney's fees) of the capital stock entitled to vote, are opposed to the repair or
and penalties, as such may be provided for in the declaration of restrictions, reconstruction of the project, or
shall be and become a lien upon the condominium assessed when the
3. That the project has been in existence in excess of 50 years, that it is
management body causes a notice of assessment to be registered with the
obsolete and uneconomical, and that
Register of Deeds of the city or province where such condominium project is
located. NON-STOCK—more than 50% of the members of the corporation, or
DISSOLUTION OF A CONDOMINIUM CORPORATION EFFECTED
STOCK CORPORATION— stockholders representing more than 50% of the
capital stock entitled to vote, opposed to the repair or restoration or
VOLUNTARY DISSOLUTION remodeling or modernizing of the project; or

Affirmative vote of all the stockholders or members thereof at a general or 4. Project or a material part has been condemned or expropriated and
special meeting duly called for the purpose that the project is no longer viable, or

NON-STOCK—members holding in aggregate more than 70% interest in

the corporation,
INVOLUNTARY DISSOLUTION
STOCK CORPORATION— the stockholders representing more than 70% of
1. 3 years after damage or destruction to the project in which the the capital stock entitled to vote, are opposed to the continuation of the
corporation owns or holds the common areas, which damage or condominium regime after expropriation or condemnation of a material
destruction renders a material part thereof unfit for its use and the portion thereof;

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5. Conditions for such a dissolution set forth in the declaration of
restrictions of the project in which the corporation owns of holds the
common areas, have been met.

PARTITION OF CONDOMINIUM PROJECT—

Where several persons own condominiums in a condominium project, an

action may be brought by one or more such persons for partition thereof by
sale of the entire project, as if the owners of all of the condominiums in such
project were co-owners of the entire project in the same proportion as their
interests in the common areas.

ASSESSMENTS DUE ON THE UNITS WITH RESPECT TO THE COMMON

AREAS—

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CHAPTER 1 c. Non-running water (lakes and ponds) (Arts. 502 (4), 503 (2).);
Waters and
LAWS GOVERNING WATERS: d. Rain water (Arts. 502 (5), 503 (4).) even if flowing. (Art.
1. CIVIL CODE OF THE PHILIPPINES 503(5).)
2. SPANISH LAW ON WATERS 3. WATERS WHICH ARE PUBLIC BY SPECIAL PROVISION
3. THE IRRIGATION ACTS ACT 2152 AND ITS AMENDMENTS a. Waters within the zone of public works, even if constructed
4. WATER POWER ACT NO. 4062 under a contact (Art. 502 (7).);
5. ARTICLE 12, SECTION 2 OF THE CONSTITUTION b. Private water after leaving the estate of origin (Arts. 502(8),
6. WATER CODE OF THE PHILIPPINES 507, 514.); and
c. Waste water of fountains, sewers, public establishments. (Art.
502 (9)
IMMOVABLE MOVABLE

Waters, either running or stagnant, Waters which are brought under the
in the sense that they are part of the control of science.
forces of nature.

CLASSIFICATION:
1. WATERS WHICH ARE PUBLIC PER SE—Water is the principal; and the
bed follows the character of the water.
a. Running water (Art. 502)
2. WATERS WHICH ARE PUBLIC OR PRIVATE ACCORDING TO THEIR
BED—Water is accessory to bed.
a. Subterranean waters (Art. 502 (6), 503 (3))
b. Subterranean waters rising to the surface continuously or
intermittently (Arts. 502-503)

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THE WATER CODE OF THE PHILIPPINES 5. Preference in the use and development of waters shall consider
CHAPTER I current usages and be responsive to the changing needs of the
country.
ARTICLE 2. The objectives of this Code are:
1. Establish the basic principles and framework relating to the: ARTICLE 4. WATERS—water under the grounds, water above the ground,
a. Appropriation, water in the atmosphere and the waters of the sea within the territorial
b. Control and jurisdiction of the Philippines.
c. Conservation of water resources to achieve the optimum
development and rational utilization of these resources; CHAPTER II
2. Define the extent of the rights and obligations of water users and Ownership of Waters
owners including the protection and regulation of such rights;
3. Adopt a basic law governing the ownership, appropriation, ARTICLE 5. The following belong to the STATE:
utilization, exploitation, development, conservation and protection 1. Rivers and their natural beds;
of water resources and rights to land related thereto; and 2. Continuous or intermittent waters of springs and brooks running in
4. Identify the administrative agencies which will enforce this Code. their natural beds and the beds themselves;
3. Natural lakes and lagoons;
ARTICLE 3. The underlying principles of this code are: 4. All other categories of surface waters such as water flowing over
1. All waters belong to the State. lands, water from rainfall whether natural or artificial, and water
2. All waters that belong to the State can not be the subject to acquisitive from agriculture runoff, seepage and drainage;
prescription. 5. Atmospheric water;
3. The State may allow the use or development of waters by 6. Subterranean or ground waters; and
administrative concession. 7. Seawater.
4. The utilization, exploitation, development, conservation and
protection of water resources shall be subject to the control and ARTICLE 6. The following WATERS FOUND ON PRIVATE LANDS ALSO
regulation of the government through the National Water Resources BELONG TO THE STATE
Council, hereinafter referred to as the Council. 1. Continuous or intermittent waters rising on such lands;
2. Lakes and lagoons naturally occurring on such lands;

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3. Rain water falling on such lands; APPROPRIATION OF WATER—acquisition of rights over the use of waters or
4. Subterranean or ground waters; and the taking or diverting of waters from a natural source in the manner and
5. Water in swamps and marshes. for any purpose allowed by law.

The owner of the land where the water is found may use the same for
domestic purposes without securing a permit, provided that such use shall
be registered, when required by the Council. The Council, however, may ARTICLE 10. Water may be appropriated for the following purposes:
regulate such use when there is wastage, or in times of emergency. 1. DOMESTIC—utilization of water for drinking, washing, bathing,
cooking or other household needs, home gardens, and watering of
ARTICLE 7. Subject to the provisions of this Code, any person who captures lawns or domestic animals.
or collects water by means of cisterns, tanks, or pools shall have exclusive 2. MUNICIPAL—utilization of water for supplying the water
control over such water and the right to dispose of the same. requirements of the community.
3. IRRIGATION—utilization of water for producing agricultural crops.
ARTICLE 8. WATER LEGALLY APPROPRIATED—shall be subject to the 4. POWER GENERATION—utilization of water for producing electrical
control of the appropriator from the moment it reaches the appropriator’s or mechanical power.
canal or aqueduct leading to the place where the water will be used or 5. FISHERIES—utilization of water for the propagation and culture of
stored and, thereafter, so long as it is being beneficially used for the fish as a commercial enterprise.
purposes for which it was appropriated. 6. LIVESTOCK RAISING—utilization of water for large herds or flocks of
animals raised as a commercial enterprise.
CHAPTER III 7. INDUSTRIAL—utilization of water in factories, industrial plants and
Appropriation of Waters mines, including the use of water as an ingredient of a finished
product.
ARTICLE 9. Waters may be appropriated and used in accordance with the 8. RECREATIONAL—utilization of water for swimming pools, bath
provisions of this Code. houses, boating, water skiing, golf courses and other similar facilities
in resorts and other places of recreation.
9. OTHER PURPOSES

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ARTICLE 11. The State, for reasons of public policy, may declare waters not b. Bathing or washing, watering or dipping of domestic or farm animals,
previously appropriated, in whole or in part, exempt from appropriation for and navigation of watercrafts or transportation of logs and other objects
any or all purposes and, thereupon, such waters may not be appropriated for by flotation.
those purposes.
ARTICLE 15. Only citizens of the Philippines, of legal age, as well as juridical
ARTICLE 12. Waters appropriated for a particular purpose MAY BE APPLIED persons, who are duly qualified by law to exploit and develop water
FOR ANOTHER PURPOSE only upon prior approval of the Council and on resources, may apply for water permits.
condition that the new use does not unduly prejudice the rights of other
permittees, or require an increase in the volume of water. ARTICLE 16. Any person who desires to obtain a water permit shall file an
application with the Council who shall make known said application to the
ARTICLE 13. Except as otherwise herein provided, no person, including public for any protests.
government instrumentalities or government-owned or controlled
corporations, shall appropriate water without a water right, which shall be In determining whether to grant or deny an application, the Council shall
evidenced by a document known as a WATER PERMIT consider the following:
1. Protests filed, if any;
Water right is the privilege granted by the government to appropriate and use 2. Prior permits granted;
water. 3. Availability of water;
4. Water supply needed for beneficial use;
ARTICLE 14. Subject to the provisions of this Code concerning the control, 5. Possible adverse effects;
protection, conservation, and regulation of the appropriation and use of 6. Land-use economics; and
waters, any person may appropriate or use natural bodies of water without 7. Other relevant factors.
securing a water permit for any of the following:
Upon approval of an application, a water permit shall be issued and
a. Appropriation of water by means of hand-carried receptacles; and recorded.

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ARTICLE 17. The right to the use of water is deemed acquired as of the date the use of waters which are appropriated shall be measured and controlled
of filing of the application for a water permit in case of approved permits, in accordance therewith.
or as of the date of actual use in a case where no permit is required.
Excepting those for domestic use, every appropriator of water shall maintain
ARTICLE 18. All water permits granted shall be subject to conditions of water control and measuring devices, and keep records of water
beneficial use, adequate standards of design and construction, and such withdrawal. When required by the Council, all appropriators of water shall
other terms and conditions as may be imposed by the Council. furnish information on water use.

Such permits shall specify the maximum amount of water which may be ARTICLE 22. BETWEEN 2 OR MORE APPROPRIATORS OF WATER FROM
diverted or withdrawn, the maximum rate of diversion or withdrawal, the THE SAME SOURCES OF SUPPLY— priority in time of appropriation shall
time or times during the year when water may be diverted or withdrawn, give the better right, except that in times of emergency the use of water for
the point or points of diversion or location of wells, the place of use, the domestic and municipal purposes shall have a better right over all other uses;
purposes for which water may be used and such other requirements the Provided, That where water shortage is recurrent and the appropriator for
Council deems desirable. municipal use has a lower priority in time of appropriation, then it shall be
his duty to find an alternative source of supply in accordance with
ARTICLE 19. Water rights may be leased or transferred in whole or in part to conditions prescribed by the Council.
another person with prior approval of the Council, after due notice and
hearing. ARTICLE 23. Priorities may be altered on grounds of greater beneficial use,
multi-purpose use, and other similar grounds after due notice and hearing,
ARTICLE 20. The measure and limit of appropriation of water shall be subject to payment of compensation is proper cases.
BENEFICIAL USE—utilization of water in the right amount during the
period that the Water is needed for producing the benefits for which the ARTICLE 24. A water right shall be exercised in such a manner that the
water is appropriated. rights of third persons or of other appropriators are not prejudiced thereby.

ARTICLE 21. Standards of beneficial use shall be prescribed by the Council ARTICLE 25. A HOLDER OF A WATER PERMIT may demand the
for the appropriator of water for different purposes and conditions, and establishment of easements necessary for the construction and
maintenance of the works and facilities needed for the beneficial use of the

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waters to be appropriated subject to the requirements of just compensation Temporary permits may be issued for the appropriation and use of water for
and to the following conditions: short periods under special circumstances.

1. That he is the owner, lessee, mortgagee or one having real right over ARTICLE 29. Water permits may be revoked after due notice and hearing on
the land upon which he proposes to use water; and grounds of non-use; gross violation of the conditions imposed in the
2. That the proposed easement is the most convenient and the least permit; unauthorized sale of water; willful failure or refusal to comply with
onerous to the servient estate. rules and regulations or any lawful order; pollution, public nuisance or acts
detrimental to public health and safety; when the appropriator is found to
Easements relating to the appropriation and use of waters may be modified be disqualified under the law to exploit and develop natural resources of
by agreement of the contracting parties provided the same is not contrary the Philippines; when, in the case of irrigation, the land is converted to
to law or prejudicial to third persons. non-agricultural purposes; and other similar grounds.

ARTICLE 26. Where water shortage is recurrent, the use of the water ARTICLE 30. All water permits are subject to modification or cancellation by
pursuant to a permit may, in the interest of equitable distribution of the Council, after due notice and hearing, in favor of a project of greater
benefits among legal appropriators, be reduced after due notice and hearing. beneficial use or for multi-purpose development, and a water permittee
who suffers thereby shall be duly compensated by the entity or person in
ARTICLE 27. Water users shall bear the diminution of any water supply due whose favor the cancellation was made.
to natural causes or force majeure.
CHAPTER IV
ARTICLE 28. Water permits shall continue to be valid as long as water is Utilization of Waters
beneficially used; however, it may be suspended on the grounds of
non-compliance with approved plans and specifications or schedules of water ARTICLE 31. Preference in the development of water resources shall
distribution; use of water for a purpose other than that for which it was consider security of the State, multiple use, beneficial effects, adverse
granted; non-payment of water charges; wastage; failure to keep records of effects and costs of development.
water diversion, when required; and violation of any term or condition of
any permit or of rules and regulations promulgated by the Council. ARTICLE 32. The utilization of subterranean or ground water shall be
coordinated with that of surface waters such as rivers, streams, springs and

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lakes, so that a superior right in one is not adversely affected by an inferior ARTICLE 35. Works for the storage, diversion, distribution and utilization of
right in the other. water resources shall contain adequate provision for the prevention and
control of diseases that may be induced or spread by such works when
For this purpose the Council shall promulgate rules and regulations and required by the Council.
declare the existence of control areas for the coordinated development,
protection, and utilization of subterranean or ground water and surface ARTICLE 36. When the reuse of waste water is feasible, it shall be limited as
waters. much as possible, to such uses other than direct human consumption. No
person or agency shall distribute such water for public consumption until it
Control area—an area of land where subterranean or ground water and is demonstrated that such consumption will not adversely affect the health
surface water are so interrelated that withdrawal and use in one similarly and safety of the public.
affects the other.
ARTICLE 37. In the construction and operation of hydraulic works, due
The boundary of a control area may be altered from time to time, as consideration shall be given to the preservation of scenic places and
circumstances warrant. historical relics and, in addition to the provisions of existing laws, no works
that would require the destruction or removal of such places or relics shall
ARTICLE 33. Water contained in open canals, aqueducts or reservoirs of be undertaken without showing that the destruction or removal is necessary
private persons may be used by any person for domestic purpose or for and unavoidable.
watering plants as long as the water is withdrawn by manual methods
without checking the stream or damaging the canal, aqueduct or reservoir; ARTICLE 38. Authority for the construction of dams, bridges and other
Provided, That this right may be restricted by the owner should it result in structures across of which may interfere with the flow of navigable or
loss or injury to him. floatable waterways shall first be secured from the Department of Public
Works, Transportation and Communications.
ARTICLE 34. A water permittee or appropriator may use any watercourse to
convey water to another point in the watercourse for the purpose stated in ARTICLE 39. Except in cases of emergency to save life or property, the
a permit and such water may be diverted or recaptured at that point by said construction or repair of the following works shall be undertaken only after
permittee in the same amount less allowance for normal losses in transit. the plans and specifications therefor, as may be required by the Council, are
approved by the proper government agency; dams for the diversion or

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storage of water; structures for the use of water power, installations for the ARTICLE 45. When a drainage channel is constructed by a number of
utilization of subterranean or ground water and other structures for persons for their common benefit, the cost of construction and maintenance
utilization of water resources. of the channel shall be borne by each in proportion to the benefits derived.

ARTICLE 40. No excavation for the purpose of emission of a hot spring or for ARTICLE 46. When artificial means are employed to drain water from higher
the enlargement of the existing opening thereof shall be made without prior to lower land, the owner of the higher land shall select the routes and
permit. methods of drainage that will cause the minimum damage to the lower
lands, subject to the requirements of just compensation.
Any person or agency who intends to develop a hot spring for human
consumption must first obtain a permit from the Department of Health. ARTICLE 47. When the use, conveyance or storage of waters results in
damage to another, the person responsible for the damage shall pay
ARTICLE 41. No person shall develop a stream, lake, or spring for compensation.
recreational purposes without first securing a permit from the Council.
ARTICLE 48. When a water resources project interferes with the access of
ARTICLE 42. Unless otherwise ordered by the President of the Philippines landowner to a portion of his property or with the conveyance of irrigation
and only in time of national calamity or emergency, no person shall induce or drainage water, the person or agency constructing the project shall bear
or restrain rainfall by any method such as cloud seeding without a permit the cost of construction and maintenance of the bridges, flumes and other
from the proper government emergency. structures necessary for maintaining access, irrigation, or drainage, in
addition to paying compensation for land and incidental damages.
ARTICLE 43. No person shall raise or lower the water level of a river stream,
lake, lagoon or marsh nor drain the same without a permit. ARTICLE 49. Any person having an easement for an aqueduct may enter
upon the servient land for the purpose of cleaning, repairing or replacing
ARTICLE 44. Drainage systems shall be so constructed that their outlets are the aqueduct or the removal of obstructions therefrom.
rivers, lakes, the sea, natural bodies of water, or such other water course as
may be approved by the proper government agency. ARTICLE 50. Lower estates are obliged to receive the waters which naturally
and without the intervention of man flow from the higher estates, as well as
the stone or earth which they carry with them.

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ARTICLE 54. In declared flood control areas, rules and regulations may be
The owner of the lower estate can not construct works which will impede promulgated to prohibit or control activities that may damage or cause
this natural flow, unless he provides an alternative method of drainage; deterioration of lakes and dikes, obstruct the flow of water, change the
neither can the owner of the higher estate make works which will increase natural flow of the river, increase flood losses or aggravate flood problems.
this natural flow.
ARTICLE 55. The government may construct necessary flood control
ARTICLE 51. The banks of rivers and streams and the shores of the seas and structures in declared flood control areas, and for this purpose it shall have
lakes throughout their entire length and within a zone of 3 meters in urban a legal easement as wide as may be needed along and adjacent to the river
areas, 20 meters in agricultural areas and 40 meters in forest areas, along bank and outside the bed or channel of the river.
their margins, are subject to the easement of public use in the interest of
recreation, navigation, floatage, fishing and salvage. No person shall be ARTICLE 56. River beds, sand bars and tidal flats may not be cultivated
allowed to stay in this zone longer than what is necessary for recreation, except upon prior permission from the Secretary of the Department of Public
navigation, floatage, fishing or salvage or to build structures of any kind. Works, Transportation and Communication and such permission shall not be
granted where such cultivation obstructs the flow of water or increase flood levels
ARTICLE 52. The establishment, extent, form, and conditions of easements so as to cause damage to other areas.
of water not expressly determined by the provisions of this Code shall be
governed by the provisions of the Civil Code. ARTICLE 57. Any person may erect levees or revetments to protect his
CHAPTER V property from flood, encroachment by the river or change in the course of
the river, provided that such constructions does not cause damage to the
Control of Waters property of another.

ARTICLE 53. To promote the best interest and the coordinated protection of ARTICLE 58. When a river or stream suddenly changes its course to
flood plain lands, the Secretary of Public Works, Transportation and traverse private lands—owners of the affected lands may not compel the
Communications may declare flood control areas and promulgate guidelines for government to restore the river to its former bed; nor can they restrain the
governing flood plain management plans in these areas. government from taking steps to revert the river or stream to its former
course. The owners of the lands thus affected are not entitled to
compensation for any damage sustained thereby. However, the former

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owners of the new bed shall be the owners of the abandoned bed in All reservoir operations shall be subject to rules and regulations issued by
proportion to the area lost by each. the Council or any proper government agency.
```
The owners of the affected lands may undertake to return the river or ARTICLE 63. The operator of a dam for the storage of water may be required
stream to its old bed at their own expense; Provided, That a permit therefor to employ an engineer possessing qualifications prescribed for the proper
is secured from the Secretary of Public Works, Transportation and operations, maintenance and administration of the dam.
Communication and work pertaining thereto are commenced within two
years from the change in the course of the river or stream. ARTICLE 64. The Council shall approve the manner, location, depth, and
spacing in which borings for subterranean or ground water may be made,
ARTICLE 59. Rivers, lakes and lagoons may, upon the recommendation of determine the requirements for the registration of every boring or alteration
the Philippine Coast Guard, be declared navigable either in whole or in part. to existing borings as well as other control measures for the exploitation of
subterranean or ground water resources, and in coordination with the
ARTICLE 60. The rafting of logs and other objects on rivers and lakes which Professional Regulation Commission prescribe the qualifications of those
are floatable may be controlled or prohibited during designated season of who would drill such borings.
the year with due regard to the needs of irrigation and domestic water
supply and other uses of water. No person shall drill a well without prior permission from the Council.

ARTICLE 61. The impounding of water in ponds or reservoirs may be ARTICLE 65. Water from one river basin may be transferred to another river
prohibited by the Council upon consultation with the Department of Health basin only with approval of the Council. In considering any request for such
if it is dangerous to public health, or it may order that such pond or transfer, the Council shall take into account the full costs of the transfer, the
reservoir be drained if such is necessary for the protection of public health. benefits that would accrue to the basin of origin without the transfer, the
benefits would accrue to the receiving basin on account of the transfer,
ARTICLE 62. Waters of a stream may be stored in a reservoir by a permittee alternative schemes for supplying water to the receiving basin, and other
in such amount as will not prejudice the right of any permittee downstream. relevant factors.
Whoever operates the reservoir shall, when required, release water for
minimum stream flow.

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ARTICLE 69. It shall be the duty of any person in control of a well containing
CHAPTER VI water with minerals or other substances injurious to man, animals,
Conservation and Protection of Waters and Watersheds and Related Land agriculture, and vegetation to prevent such waters from flowing on the
Resources surface of the land or into any surface water or into any other aquifer or
porous stratum.
ARTICLE 66. After due notice and hearing when warranted by
circumstances, minimum stream flows for rivers and streams, and ARTICLE 70. No person shall utilize an existing well or pond or spread
minimum water levels for lakes may be established by the Council under waters for recharging subterranean or ground water supplies without prior
such conditions as may be necessary for the protection of the environment, permission of the Council.
control of pollution, navigation, prevention of salt damage, and general
public use. ARTICLE 71. To promote better water conservation and usage for irrigation
purposes, the merger of irrigation associations and the appropriation of
ARTICLE 67. Any watershed or any area of land adjacent to any surface waters by associations instead of by individuals shall be encouraged.
water or overlying any ground water may be declared by the Department of
Natural Resources as protected area. Rules and regulations may be No water permit shall be granted to an individual when his water
promulgated by such Department to prohibit or control such activities by requirement can be supplied through an irrigation association.
the owners or occupants thereof within the protected area which may
damage or cause the deterioration of the surface water or ground water or ARTICLE 72. In the consideration of a proposed water resource project, due
interfere with the investigation, use, control, protection, management or regard shall be given to ecological changes resulting from the construction
administration of such waters. of the project in order to balance the needs of development and the
protection of the environment.
ARTICLE 68. It shall be the duty of any person in control of a well to prevent
the water from flowing on the surface of the land, or into any surface water, ARTICLE 73. The conservation of fish and wildlife shall receive proper
or any porous stratum underneath the surface without being beneficially consideration and shall be coordinated with other features of water
used. resources development programs to insure that fish and wildlife values
receive equal attention with other project purposes.

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ARTICLE 74. Swamps and marshes which are owned by the State and which areas where such application may cause pollution of a source of water
have primary value for waterfowl propagation or other wildlife purposes supply.
may be reserved and protected from drainage operation and development.
CHAPTER VII
ARTICLE 75. No person shall, without prior permission from the National
Pollution Control Commission, build any works that may produce Administration of Waters and Enforcement of the Provisions of This Code
dangerous or noxious substances or perform any act which may result in the
introduction of sewage, industrial waste, or any pollutant into any source of ARTICLE 79. The administration and enforcement of the provisions of this
water supply. Code, including the granting of permits and the imposition of penalties for
administrative violations hereof, are hereby vested in the Council, and
Water pollution is the impairment of the quality of water beyond a certain except in regard to those functions which under this Code are specifically
standard. This standard may vary according to the use of the water and shall conferred upon other agencies of the government, the Council is hereby
be set by the National Pollution Control Commission. empowered to make all decisions and determinations provided for in this
Code.
ARTICLE 76. The establishment of cemeteries and waste disposal areas that
may affect the source of a water supply or a reservoir for domestic or ARTICLE 80. The Council may deputize any official or agency of the
municipal use shall be subject to the rules and regulations promulgated by government to perform any of its specific functions or activities.
the Department of Health.
ARTICLE 81. The Council shall provide a continuing program for data
ARTICLE 77. Tailings from mining operations and sediments from placer collection, research and manpower development needed for the
mining shall not be dumped into rivers and waterways without prior appropriation, utilization, exploitation, conservation, and protection of the
permission from the Council upon recommendation by the National water resources of the country.
Pollution Control Commission.
ARTICLE 82. In the implementation of the provisions of this Code, the
ARTICLE 78. The application of agricultural fertilizers and pesticides may be Council shall promulgate the necessary rules and regulations which may
prohibited or regulated by the National Pollution Control Commission in the provide for penalties consisting of a fine not exceeding One Thousand Pesos
(P1,000.00) and/or suspension or revocation of the water permit or other

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right to the use of water. Violations of such rules and regulations may be The Council may require consultation with the public prior to the
administratively dealt with by the Council. implementation of certain water resources development projects.

Such rules and regulations shall take effect fifteen (15) days after ARTICLE 86. When plans and specifications of a hydraulic structure are
publication in newspapers of general circulation. submitted for approval, the government agency whose functions embrace
the type of project for which the structure is intended, shall review the plans
Rules and regulations prescribed by any government agency that pertain to and specifications and recommend to the Council proper action thereon and
the utilization, exploitation, development, control, conservation, or the latter shall approve the same only when they are in conformity with the
protection of water resources shall, if the Council so requires, be subject to requirements of this Code and the rules and regulations promulgated by the
its approval. Council. Notwithstanding such approval, neither the engineer who drew up
the plans and specifications of the hydraulic structure, nor the constructor
ARTICLE 83. The Council is hereby authorized to impose and collect who built it, shall be relieved of his liability for damages in case of failure
reasonable fees or charges for water resources development from water thereof by reason of defect in plans and specifications, or failure due to
appropriators, except when it is for purely domestic purposes. defect in construction, within ten (10) years from the completion of the
structure.
ARTICLE 84. The Council and other agencies authorized to enforce this Code
are empowered to enter upon private lands, with previous notice to the Any action to recover such damages must be brought within five (5) years
owner, for the purpose of conducting surveys and hydrologic investigations, following such failure.
and to perform such other acts as are necessary in carrying out their
functions including the power to exercise the right of eminent domain. ARTICLE 87. The Council or its duly authorized representatives, in the
exercise of its power to investigate and decide cases brought to its
ARTICLE 85. No program or project involving the appropriation, utilization, cognizance, shall have the power to administer oaths, compel the
exploitation, development, control, conservation, or protection of water attendance of witnesses by subpoena and the production of relevant
resources may be undertaken without prior approval of the Council, except documents by subpoena duces tecum.
those which the Council may, in its discretion, exempt.
Non-compliance or violation of such orders or subpoena and subpoena
duces tecum shall be punished in the same manner as indirect contempt of

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an inferior court upon application by the aggrieved party with the proper grounds: (1) grave abuse of discretion; (2) question of law; and (3) questions
Court of First Instance in accordance with the provisions of Rule 71 of the of fact and law.
Rules of Court.
CHAPTER VIII
ARTICLE 88. The Council shall have original jurisdiction over all disputes
relating to appropriation, utilization, exploitation, development, control, Penal Provisions
conservation and protection of waters within the meaning and context of
the provisions of this Code. ARTICLE 90. The following acts shall be penalized by suspension or
revocation of the violator’s water permit or other right to the use of water
The decisions of the Council on water rights controversies shall be and/or a fine of not exceeding One Thousand Pesos (P1,000.00), in the
immediately executory and the enforcement thereof may be suspended only discretion of the Council:
when a bond, in an amount fixed by the Council to answer for damages
occasioned by the suspension or stay of execution, shall have been filed by a. Appropriation of subterranean or ground water for domestic use by an
the appealing party, unless the suspension is by virtue of an order of a overlying landowner without registration required by the Council.
competent court.
b. Non-observance of any standard of beneficial use of water.
All disputes shall be decided within sixty (60) days after the parties submit
the same for decision or resolution. c. Failure of the appropriator to keep a record of water withdrawal, when
required.
The Council shall have the power to issue writs of execution and enforce its
decisions with the assistance of local or national police agencies. d. Failure to comply with any of the terms or conditions in a water permit or
a water rights grant.
ARTICLE 89. The decisions of the Council on water rights controversies may
be appealed to the Court of First Instance of the province where the subject e. Unauthorized use of water for a purpose other than that for which a right
matter of the controversy is situated within fifteen (15) days from the date or permit was granted.
the party appealing receives a copy of the decision, on any of the following

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f. Construction or repair of any hydraulic work or structure without duly ARTICLE 91. A. A fine of not exceeding Three Thousand Pesos (P3,000.00) or
approved plans and specifications, when required. imprisonment for not more than three (3) years, or both such fine and
imprisonment, in the discretion of the Court, shall be imposed upon any
g. Failure to install a regulating and measuring device for the control of the person who commits any of the following acts:
volume of water appropriated, when required.
1. Appropriation of water without a water permit, unless such person is
h. Unauthorized sale, lease, or transfer of water and/or water rights. expressly exempted from securing a permit by the provisions of this Code.

i. Failure to provide adequate facilities to prevent or control diseases when 2. Unauthorized obstruction of an irrigation canal.
required by the Council in the construction of any work for the storage,
diversion, distribution and utilization of water. 3. Cultivation of a river bed, sand bar or tidal flat without permission.

j. Drilling of a well without permission of the Council. 4. Malicious destruction of hydraulic works or structure valued at not
exceeding Twenty-Five Thousand Pesos (P25,000.00).
k. Utilization of an existing well or ponding or spreading of water for
recharging subterranean or ground water supplies without permission of B. A fine exceeding Three Thousand Pesos (P3,000.00) but not more than
the Council. Six Thousand Pesos (P6,000.00) or imprisonment exceeding three (3) years
but not more than six (6) years, or both such fine and imprisonment in the
l. Violation of or non-compliance with any order, rules, or regulations of the discretion of the Court, shall be imposed on any person who commits any of
Council. the following acts:

m. Illegal taking or diversion of water in an open canal, aqueduct or 1. Distribution for public consumption of water which adversely affects the
reservoir. health and safety of the public.

n. Malicious destruction of hydraulic works or structures valued at not 2. Excavation or enlargement of the opening of a hot spring without
exceeding P5,000.00. permission.

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3. Unauthorized obstruction of a river or waterway, or occupancy of a river 2. Malicious destruction of hydraulic works or structure, valued at more
bank or seashore without permission. than One Hundred Thousand Pesos (P100,000.00).

4. Establishment of a cemetery or a waste disposal area near a source of ARTICLE 92. If the offense is committed by a corporation, trust, firm,
water supply or reservoir for domestic municipal use without permission. partnership, association or any other juridical person, the penalty shall be
imposed upon the President, General Manager, and other guilty officer or
5. Constructing, without prior permission of the government agency officers of such corporation, trust, firm, partnership, association or entity,
concerned, works that produce dangerous or noxious substances, or without prejudice to the filing of a civil action against said juridical person.
performing acts that result in the introduction of sewage, industrial waste, If the offender is an alien, he shall be deported after serving his sentence,
or any substance that pollutes a source of water supply. without further proceedings.

6. Dumping mine tailings and sediments into rivers or waterways without After final judgment of conviction, the Court upon petition of the
permission. prosecution attorney in the same proceedings, and after due hearing, may,
when the public interest so requires, order the suspension or dissolution of
7. Malicious destruction of hydraulic works or structure valued at more than such corporation, trust, firm, partnership, association or juridical person.
Twenty-Five Thousand Pesos (P25,000.00) but not exceeding One Hundred
Thousand Pesos (P100,000.00). ARTICLE 93. All actions for offenses punishable under Article 91 of this Code
shall be brought before the proper court.
C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten
Thousand Pesos (P10,000.00) or imprisonment exceeding six (6) years but ARTICLE 94. Actions for offenses punishable under this Code by a fine of not
not more than twelve (12) years, or both such fine and imprisonment, in the more than Three Thousand Pesos (P3,000.00) or by an imprisonment of not
discretion of the Court, shall be imposed upon any person who commits any more than three (3) years, or both such fine and imprisonment, shall
of the following acts: prescribe in five (5) years; those punishable by a fine exceeding Three
Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos
1. Misrepresentation of citizenship in order to qualify for water permit. (P6,000.00) or an imprisonment exceeding three (3) years but not more
than six (6) years, or both such fine and imprisonment, shall prescribe in
seven (7) years; and those punishable by a fine exceeding Six Thousand

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Pesos (P6,000.00) but not more than Ten Thousand Pesos (P10,000.00) or
an imprisonment exceeding six (6) years but not more than twelve (12) d. Fisheries
years, or both such fine and imprisonment, shall prescribe in ten (10) years.
e. Livestock raising

f. Industrial use, and

g. Other uses.

CHAPTER IX Any claim not registered within said period shall be considered waived and
the use of the water deemed abandoned, and the water shall thereupon be
Transitory and Final Provisions available for disposition as unappropriated waters in accordance with the
provisions of this Code.
ARTICLE 95. Within two (2) years from the promulgation of this Code, all
claims for a right to use water existing on or before December 31, 1974 shall ARTICLE 96. No vested or acquired right to the use of water can arise from
be registered with the Council which shall confirm said rights in accordance acts or omissions which are against the law or which infringe upon the
with the provisions of this Code, and shall set their respective priorities. rights of others.

When priority in time of appropriation from a certain source of supply ARTICLE 97. Acts and contracts under the regime of old laws, if they are
cannot be determined, the order of preference in the use of the waters shall valid in accordance therewith, shall be respected, subject to the limitations
be as follows: established in this Code. Any modification or extension of these acts and
contracts after the promulgation of this Code, shall be subject to the
a. Domestic and municipal use provisions hereof.

b. Irrigation ARTICLE 98. Interim rules and regulations promulgated by the Council shall
continue to have binding force and effect, when not in conflict with the
c. Power generation provisions of this Code.

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ARTICLE 99. If any provision or part of this Code, or the application thereof
to any person or circumstance, is declared unconstitutional or invalid for
any reason, the other provisions or parts therein shall not be affected.

ARTICLE 100. The following laws, parts and/or provisions of laws are hereby
repealed:

a. The provisions of the Spanish Law on Waters of August 3, 1866, the Civil
Code of Spain of 1889 and the Civil Code of the Philippines (R.A. 386) on
ownership of waters, easements relating to waters, use of public waters and
acquisitive prescription on the use of waters, which are inconsistent with
the provisions of this Code;

b. The provisions of R.A. 6395, otherwise known as the Revised Charter of

National Power Corporation, particularly section 3, paragraph (f), and
section 12, insofar as they relate to the appropriation of waters and the grant
thereof;

c. The provisions of Act No. 2152, as amended, otherwise known as the

Irrigation Act, section 3, paragraphs (k) and (m) of P.D. No. 813, R.A. 2056;
Section 90, C.A. 137; and,

d. All decrees, laws, acts, parts of acts, Rules of Court, executive orders, and
administrative regulations which are contrary to or inconsistent with the
provisions of this Code.

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TITLE V
OWNERSHIP POSSESSION
POSSESSION
When a thing pertaining to one Holding of a thing or enjoyment of a
CHAPTER 1 person is completely subjected to right.
Possession and the Kinds Thereof his will in a manner not prohibited
by law and consistent with the
rights of others.
Article 523. POSSESSION— is the holding of a thing or the enjoyment of a right.
Confers certain rights to the owner, May be had in 2 ways:
(AS AN ACT) HOLDING of a thing or ENJOYMENT of a right with the among which are the right to 1. Possession in the concept of
intention to possess in one’s own right. exclude other persons from an owner
possession thereof. 2. Possession of a holder
(AS A FACT) EXISTENCE when there is holding or enjoyment
A person may be declared owner but
he may not be entitled to
(AS A RIGHT) CONSEQUENCES the right of a person to hold or enjoy to the possession.
exclusion of all others having better right than the possessor. 1. The possession may be in the
hands of another either a
RIGHT OF POSSESSION IS INDEPENDENT FROM OWNERSHIP. lessee or a tenant
2. A person may have
improvements thereon of
Article 523 presumes from the fact of possession the intention to possess. which he may not be
deprived without due hearing
HOLDING—Refers to corporeal property 3. He may have other valid
ENJOYMENT—Refers to incorporeal property defenses to resist surrender
Ex: right of possession.

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PRESUMPTIONS IN FAVOR OF THE POSSESSOR 3. It must be one’s own Right
1. Article 527. Good faith is always presumed, and upon him who alleges a. Possession may be held by a person in his own
bad faith on the part of a possessor rests the burden of proof. name—Possession may be in the concept of owner or in the
2. Article 528. Possession acquired in good faith does not lose this concept of a holder of the thing with ownership pertaining to
character except in the case and from the moment facts exist which another.
show that the possessor is not unaware that he possesses the thing b. In that of another—possession is exercised by the owner or
improperly or wrongfully. holder, as principal, through his agent.
3. Article 529. It is presumed that possession continues to be enjoyed
in the same character in which it was acquired, until the contrary is FORMS OR DEGREES OF POSSESSION
proved. 1. GRAMMATICAL DEGREE—Possession without any title
4. Non-interruption in favor of the present possessor whatever—mere holding or possession without any right or title at all,
5. Continuous possession by the one who recovers possession of which such as that of a thief or squatter
he was wrongfully deprived 2. JURIDICAL POSSESSION—Possession with a juridical title—possession
6. Extension of possession of real property to all movables contained is predicated on a juridical relation existing between the possessor
therein and the owner (or one acting in his behalf) of the thing but not in the
7. Just title concept of owner such as that of a lessee, usufructuary, depositary,
8. Continuity of possession of property unjustly lost but legally agent, pledgee, and trustee. (Can ripen into ownership only once the
recovered owner repudiates his right)
9. Possession during intervening period 3. REAL POSSESSORY RIGHT—Possession with a just title—The
10. Exclusive possession of common property by each one o the possession of an adverse claimant whose title is sufficient to transfer
participants of their allotted share upon division ownership but is defective such as when the seller is not the true
owner or could not transmit his rights thereto to the possessor who
ELEMENTS OF POSSESSION: acted in good faith. (Can ripen into ownership)
1. There must be Holding or control of a thing or right/ there must be 4. DOMINIUM—Possession with a title in fee simple. Derived from the
possession in fact right of dominion or possession of an owner, the highest degree of
EXCEPT: 2 cases mentioned in Art 537. possession.
2. The holding or control must be with Intention to possess.

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RIGHT TO POSSESSION v RIGHT OF POSSESSION 2. ACCORDING TO THE CONCEPT OF POSSESSION—Article 525. The
possession of things or rights may be had in one of two concepts: either in
the concept of owner, or in that of the holder of the thing or right to keep
JUS POSSIDENDI JUS POSSESSIONIS
or enjoy it, the ownership pertaining to another person.
Right to possession which is Right of possession independent a. In the concept of owner—possession of thing is considered or
incidental to or included in the from the right of ownership. believed by others as the owner, regardless of good or bad faith
right of ownership. of the possessor, recognizing no title of ownership in another
b. In the concept of holder—possessor holds it merely to keep or
enjoy it, the ownership pertaining to another person
DIFFERENT CLASSIFICATION OF POSSESSION
3. ACCORDING TO THE CONDITIONS OF THE MIND Article 526.
a. IN GOOD FAITH—He is deemed a possessor in good faith who is
1. ACCORDING TO NAMES UNDER WHICH POSSESSION MAY BE
not aware that there exists in his title or mode of acquisition any
EXERCISED—Article 524. Possession may be exercised in one's own
flaw which invalidates it.
name or in that of another.
Mistake upon a doubtful or difficult question of law may be
a. In one’s own name where possessor claims the thing for
the basis of good faith.
himself
b. IN BAD FAITH—He is deemed a possessor in bad faith who
b. In the name of another for whom the thing is held by the
possesses in any case contrary to the foregoing.
possessor
i. Voluntary—as when the agent possesses for the
MANNER OF ACQUIRING POSSESSION
principal
Article 531. Possession is acquired by:
ii. Necessary or Legal—When exercised by virtue of law
1. the material occupation of a thing or the exercise of a right, includes
such as possession in behalf of incapacitated persons, a
both actual delivery and constructive delivery (traditio brevi manu
mother for her child and juridical entities
and constitutum possessorium)
iii. Unauthorized—This will become the principal’s
2. by the fact that it is subject to the action of our will, includes tradition
possession only after there has been ratification without
long manu and traditio symbolica
prejudice to the effects of negotiorum gestio
a. TRADITIO LONGA MANU— Effected by the mere consent or
agreement of the parties

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b. TRADITIO SYMBOLICA—Effected by mere delivering an object
such as a key where the thing sold is stored or kept,
symbolizing the placing of the thing under the control of the
vendee.
3. by the proper acts and legal formalities established for acquiring such
right.
Example: Acquisition by virtue of a just title such as when property is
transmitted by succession, donation, contract or execution of a public
instrument or when possession is given by the sheriff to the purchaser at
public auction

4. By tradition
DIFFERENT KINDS OF TRADITIO:
1. TRADITIO LONGA MANU—Effected by the mere consent or
agreement of the parties
2. TRADITIO BREVI MANU—Takes place when one is already in
possession of a thing but a title other than ownership continues to
possess the same under a new title, that of ownership.
3. TRADITIO CONSTITUTUM POSSESSORIUM—Happens when the
owner continues in possession of the property alienated not as owner
but in some other capacity, such as that of lessee, pledgee or
depositary
4. TRADITIO SYMBOLICA—Effected by mere delivering an object such
as a key where the thing sold is stored or kept, symbolizing the
placing of the thing under the control of the vendee.

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CHAPTER 2 same, without prejudice to the juridical consequences of negotiorum
Acquisition of Possession gestio in a proper case.

Article 532. Possession may be ACQUIRED by: REQUISITES:

1. the SAME PERSON WHO IS TO ENJOY IT: 1. Intent to possess for another which is the principal
2. Capacity of principal to possess and
REQUISITES: 3. Ratification of the principal
1. Intent to possess
2. Capacity to possess Article 535. MINORS AND INCAPACITATED PERSONS may acquire the
3. Object must be capable of being possessed possession of things; but they need the assistance of their legal representatives in
order to exercise the rights which from the possession arise in their favor.
2. by his LEGAL REPRESENTATIVE or by his AGENT,
Possession with a juridical title—possession is predicated on a juridical relation So long as there is no juridical act or legal act necessary to acquire the
existing between the possessor and the owner (or one acting in his behalf) of the possession. (Only necessary things)
thing but not in the concept of owner such as that of a lessee, usufructuary,
depositary, agent, pledgee, and trustee. POSSESSION BY PERSONS WITHOUT CAPACITY—Unemancipated minors
and other persons who have no capacity to act such as spendthrifts,
REQUISITES: deaf-mutes who cannot read and write, those under civil interdiction.
1. Intent to possess for principal
2. Authority or Capacity to possess ACQUISITION OF POSSESSION BY MATERIAL OCCUPATION
3. Principal has intent and capacity to possess GENERAL RULE: Acquisition of possession by the action og our will and by
thr proper acts and legal formalities is not applicable in incapacitated
3. by UNAUTHORIZED PERSONS OR ANY PERSONS WITHOUT ANY persons
POWER OR AUTHORITY WHATEVER: but in the last case, the EXERCISE OF RIGHTS OF POSSESSION THROUGH LEGAL
possession shall not be considered as acquired until the person in REPRESENTATIVES—Incapacitated persons may acquire property or rights
whose name the act of possession was executed has ratified the by prescriptioneither personally or through their parents, guardians, or
legal representatives.

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MODES THROUGH WHICH POSSESSION CANNOT BE ACQUIRED:
Article 530. Only things and rights which are susceptible of being appropriated 1. Article 536. FORCE OR INTIMIDATION as long as there is a possessor
may be the object of possession. who objects thereto.
He who believes that he has an action or a right to deprive
OBJECT OF POSSESSION another of the holding of a thing, must invoke the aid of the
1. Must be susceptible of being appropriated—Not all things and rights competent court, if the holder should refuse to deliver the
may be the object of possession. To be the object of possession, the thing.
thing or right must be susceptible to being appropriated. (Property)
2. Need not be susceptible of prescription—things must be within the 2. Article 537. Acts merely TOLERATED, and
commerce of men 3. those executed CLANDESTINELY and WITHOUT THE KNOWLEDGE
a. RES NULLIUS—can be possessed because they are capable of OF THE POSSESSOR OF A THING, or by VIOLENCE, do not affect
being appropriated but they cannot be acquired by prescription possession.
which presupposes prior ownership in another.
b. PROPERTY OF PUBLIC DOMINION—Cannot also be the object of Article 538.
prescription but may be the object of possession. GENERAL RULE: Possession as a fact cannot be recognized at the same time in
two different personalities
Article 533. The POSSESSION OF HEREDITARY PROPERTY is deemed
transmitted to the heir WITHOUT INTERRUPTION and from the moment of the EXCEPTION: in the cases of co-possession.
death of the decedent, in case the inheritance is ACCEPTED.
Should a question arise regarding the fact of possession:
One who validly renounces an inheritance is deemed never to have possessed the PREFERENCE OF POSSESSION
same.
1. The present possessor shall be preferred;
Article 534. On who succeeds by hereditary title shall not suffer the consequences 2. If there are 2 possessors—one longer in possession;
of the wrongful possession of the decedent, if it is not shown that he was aware 3. If the dates of the possession are the same—one who presents a title; and
of the flaws affecting it; but the effects of possession in good faith shall not
benefit him except from the date of death of the decedent.

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4. If all these conditions are equal— the thing shall be placed in judicial 3 REASONS FOR PROTECTING THE POSSESSOR:
deposit pending determination of its possession or ownership through 1. AS AID IN CRIMINAL LAW—It aids the criminal law by preserving the
proper proceedings. peace
2. AS PART OF THE LAW OF TORT—In respect of the immediate and
CHAPTER 3 present violation of the rights of the possessor independently of his
Effects of Possession rights of property
3. AS PART OF THE LAW OF PROPERTY—In times when proof of title is
Article 539. EVERY POSSESSOR has a: difficult and transfers of property require intricate formalities, it
1. Right to be respected in his possession; and would be unjust to cast on every man whose possession is disturbed
2. Should he be disturbed therein he shall be protected in or restored to the burden of proving a flawless title.
said possession by the means established by the laws and the Rules of
Court. REMEDIES OF PERSON DEPRIVED OF POSSESSION
3. A possessor deprived of his possession through forcible entry may 1. ACTIONS AVAILABLE:
within ten days from the filing of the complaint present a motion to a. Forcible entry or unlawful detainer
secure from the competent court, in the action for forcible entry, a b. Accion publiciana
writ of preliminary mandatory injunction to restore him in his c. Accion reivindicatoria
possession. The court shall decide the motion within thirty (30) days d. Replevin or Manual delivery of personal property
from the filing thereof. 2. WRIT OF PRELIMINARY INJUNCTION—To restore him in his
possession or prevent you from doing something.
MERE POSSESSION OF A THING IS SUFFICIENT TO INSURE RESPECT TO a. Vs MANDATORY INJUNCTION-requires the doing of an act
THE POSSESSOR WHILE NO OTHER PERSON APPEARS TO SHOW AND 3. IMMEDIATE EXECUTION OF JUDGEMENT—Subject to some
PROVE A BETTER RIGHT. exceptions, the immediate execution of the judgement in favor of the
plaintiff is a matter of right and mandatory
TO ALL INTENTS AND PURPOSES, A POSSESSOR EVEN IF PHYSICALLY 4. REASONABLE COMPENSATION FOR USE AND OCCUPATION OF
OUSTED AS THROUGH FORCE AND VIOLENCE, IS STILL DEEMED THE PROPERTY—One who is deprived the real owner of property of its
LEGAL POSSESSOR.—Anyone who can prove prior possession, regardless of physical possession to which he is entitled is liable to pay rentals as
its character may [rove otherwise. reasonable compensation for the use and occupation of the property.

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ISSUANCE OF WRIT OF PRELIMINARY MANDATORY INJUNCTION Article 541. A POSSESSOR IN THE CONCEPT OF OWNER has in his favor the
1. IN FORCIBLE ENTRY ACTIONS—Within 10 days from the filing fo the LEGAL PRESUMPTION that HE POSSESSES with a JUST TITLE and he CANNOT
complaint BE OBLIGED to SHOW or PROVE IT.
2. IN UNLAWFUL DETAINER (EJECTMENT CASES)—Within 10 days from
the time the appeal is perfected DIFFERENT KINDS OF TITLE
1. JUST TITLE—title which by itself is sufficient to transfer ownership
The judgement rendered in an action for forcible entry shall not bar an without need of possessing the property for the period necessary for
action between the same parties respecting title to the land or building, nor acquiring title by prescription. IT is a title that is true and valid
it should be held conclusive of the facts therein found in a case between the 2. COLORABLE TITLE—One which a person has when he buys a thing in
same parties upon a different cause of action not involving possession. good faith, from one who is not the owner but whom he believes to be
the owner
Article 540. Only the possession acquired and enjoyed in the concept of 3. PUTATIVE TITLE—One which a person believes he has but in fact he
OWNER can serve as a title for acquiring dominion. has not because there was no mode of acquiring ownership, as when
one is in possession of a thing in the mistaken belief that it had been
Possession acquired and enjoyed in the concept of owner mau ripen into bequeathed to him.
ownership by means of prescription—EVEN IF THE POSSESSOR ACTED IN
BAD FAITH. POSSESSION IN THE CONCEPT OF HOLDER:
1. Lessees
AS EQUITABLE MORTGAGEE—Constructive possession over the land 2. Trustees, including parents over the properties of their children, and
cannot ripen into ownership as it cannot be said to have been acquired and husband and wife over each other’s property
enjoyed in the concept of owner. 3. Antichretic creditors
4. Agents
5. Attorney’s regarding their client’s properties
6. Depositaries
7. Co-owners

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Article 542. The POSSESSION OF REAL PROPERTY PRESUMES that of the Judicial summons shall be deemed not to have been issued and shall not
MOVABLES therein, so long as it is NOT SHOWN OR PROVED that they should be give rise to interruption:
EXCLUDED. 1. If it should not be void for lack of legal solemnities
● Refers to material possession only of things, rights are not covered. 2. If the plaintiff should desist from the complaint or should allow the
● Applies whether the possessor be in good faith or bad faith in one’s proceedings to lapse and
own name ro in another and in concepto de dueno or in the concept of 3. If the possessor should be absolved from the complaint.
holder
In these case, period of interruption shall be counted for the prescription
Article 543. RULES ON CO-POSSESSION:
1. EACH one of the PARTICIPANTS of a thing POSSESSED IN COMMON shall
POSSESSOR IN GOOD FAITH POSSESSOR IN BAD FAITH
be DEEMED to have EXCLUSIVELY POSSESSED the part which may be
ALLOTTED TO HIM upon the division thereof, for the ENTIRE PERIOD AS TO FRUITS GATHERED
during which the CO-POSSESSION LASTED.
Article 544. A POSSESSOR IN GOOD To owner
2. INTERRUPTION in the possession of the WHOLE or a PART of a thing
FAITH is entitled to the FRUITS
POSSESSED in COMMON shall be to the prejudice of ALL THE
RECEIVED BEFORE the possession is
POSSESSORS.
legally INTERRUPTED.
3. However, in case of CIVIL INTERRUPTION, the RULES OF COURT shall
APPLY. AS TO CULTIVATION EXPENSES OF GATHERED FRUITS

CIVIL INTERRUPTION—When interruption is produced by judicial Not reimbursed to possessor Article 549. shall REIMBURSE THE
summons to the possessor and only those possessors served with judicial FRUITS RECEIVED and those which
summons are affected. the LEGITIMATE POSSESSOR could
have RECEIVED, and SHALL HAVE A
RIGHT only to the EXPENSES
MENTIONED in paragraph 1 of article
546 and in article 443. The expenses

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incurred in improvements for pure AS TO USEFUL EXPENSES
luxury or mere pleasure shall not be
1. Reimbursement and 1. No reimbursement.
refunded to the possessor in bad faith,
retention; or 2. Right of removal provided
but he may remove the objects for 2. May remove useful that the thing suffers no
which such expenses have been improvements if no injury and lawful possessor
incurred, provided that the thing reimbursement, and no does not prefer to retain
suffers no injury thereby, and that the damage is caused to the them by paying the value
lawful possessor does not prefer to principal by the removal with they may have at the time he
retain them by paying the VALUE right of retention enters into possession.
THEY MAY HAVE AT THE TIME HE AS TO THE ORNAMENTAL EXPENSES
ENTERS INTO POSSESSION
1. No reimbursement and 1. No reimbursement
AS TO FRUITS PENDING AND CHARGES 2. Removal without injury or 2. Removal without injury or
reimbursement of amount reimbursement of value at
Prorated according to time of To owner expended ar option of lawful time of recovery at option of
possession of owner and possessor possessor lawful possessor

AS TO PRODUCTION EXPENSES OF PENDING FRUITS AS TO THE TAXES AND CHARGES

1. Indemnity pro-rata to No indemnity TAXES AND CHARGES TAXES AND CHARGES

possessor (owner’s option) 1. CAPITAL—Charged to owner 1. Charged to owner
in money, or 2. FRUITS—Charged to 2. Charged to owner
2. by allowing full cultivation, possessor 3. To owner
and gathering of all fruits 3. CHARGES—Prorated

AS TO THE NECESSARY EXPENSES

Article 544. A POSSESSOR IN GOOD FAITH is entitled to the FRUITS RECEIVED
Reimbursed to the possessor while Reimbursed to the possessor and no BEFORE the possession is legally INTERRUPTED.
retention retention

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NATURAL AND INDUSTRIAL FRUITS are considered RECEIVED from the time The OWNER OF THE THING may, SHOULD HE SO DESIRE, GIVE THE
they are GATHERED or SEVERED. POSSESSOR in GOOD FAITH the RIGHT TO FINISH THE CULTIVATION and
GATHERING of the GROWING FRUITS, as an INDEMNITY for his PART of the
CIVIL FRUITS are deemed to ACCRUE DAILY and BELONG TO THE POSSESSOR EXPENSES of CULTIVATION and the NET PROCEEDS; the POSSESSOR IN GOOD
in GOOD FAITH in that proportion. FAITH who for ANY REASON WHATEVER should REFUSE TO ACCEPT THIS
CONCESSION, shall LOSE THE RIGHT to be INDEMNIFIED in any other manner.
LEGAL INTERRUPTION OF POSSESSION IN GOOD FAITH—Takes place upon
service of judicial summons to the possessor. This article does not apply when the possessor is in bad faith, the fruits are
civil, or the fruits are natural or industrial but they have been gathered or
WHEN FRUITS CONSIDERED RECEIVED: severed when good faith ceases.
1. IN CASE OF NATURAL AND INDUSTRIAL FRUITS—From the time
they are gathered or severed IF THERE ARE NO FRUITS—Each should bear his own expenses subject to
2. IN CASE OF CIVIL FRUITS—Their accrual and not actual receipt shall the right of the possessor in good faith to be refunded for necessary
determine when they are considered received at the time that good expenses under Article 546, unless the owner or new possessor exercises his
faith is legally interrupted. Deemed to accrue daily and belong to the option referred to above.
possessor in good faith in that proportion.
NECESSARY EXPENSES—made for the preservation of the thing
Article 545. If at the time the GOOD FAITH CEASES, there should be ANY
NATURAL or INDUSTRIAL FRUITS, the POSSESSOR shall have a RIGHT: USEFUL EXPENSES—those that add value to property or increase the
1. to a PART OF THE EXPENSES OF CULTIVATION, and object’s productivity
2. to a PART OF THE NET HARVEST, ORNAMENTAL/ LUXURY EXPENSES—Add value to the thing only for
certain persons in view of their particular whims; neither esential in view of
both in PROPORTION to the TIME of the POSSESSION. their particular whims

The CHARGES shall be DIVIDED on the SAME BASIS by the TWO POSSESSORS.

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REMOVE THEM, unless the person who recovers the possession exercises the
POSSESSOR IN GOOD FAITH POSSESSOR IN BAD FAITH
option under paragraph 2 of the preceding article.
AS TO IMPROVEMENTS NO LONGER EXISTING
ARTICLE 548. EXPENSES FOR PURE LUXURY or MERE PLEASURE shall NOT BE
No reimbursement No reimbursement
REFUNDED TO THE POSSESSOR IN GOOD FAITH; but HE MAY REMOVE the
AS TO LIABILITY FOR ACCIDENTAL LOSS OR DETERIORATION ORNAMENTS with which he has embellished the principal thing IF IT SUFFERS
NO INJURY thereby, and IF HIS SUCCESSOR in the POSSESSION does NOT
Only if acting with fraudulent intent Liable in every case PREFER to REFUND the AMOUNT EXPENDED.
or negligence after summons

AS TO IMPROVEMENTS DUE TO TIME OR NATURE Article 549. The POSSESSOR IN BAD FAITH shall REIMBURSE THE FRUITS
RECEIVED and those which the LEGITIMATE POSSESSOR could have RECEIVED,
To owner or lawful possessor To owner or lawful possessor and SHALL HAVE A RIGHT only to the EXPENSES MENTIONED in paragraph 1 of
article 546 and in article 443. The expenses incurred in improvements for pure
Article 546. NECESSARY EXPENSES shall be REFUNDED TO EVERY POSSESSOR; luxury or mere pleasure shall not be refunded to the possessor in bad faith, but
but ONLY the POSSESSOR IN GOOD FAITH MAY RETAIN the thing UNTIL he has he may remove the objects for which such expenses have been incurred,
been REIMBURSED therefor. provided that the thing suffers no injury thereby, and that the lawful possessor
does not prefer to retain them by paying the VALUE THEY MAY HAVE AT THE
USEFUL EXPENSES shall be REFUNDED ONLY TO THE POSSESSOR IN GOOD TIME HE ENTERS INTO POSSESSION
FAITH with the SAME RIGHT OF RETENTION,
GOOD FAITH:
the PERSON WHO HAS DEFEATED HIM in the possession having the OPTION: 1. Principal thing suffers no damage or injury thereby
1. REFUNDING THE AMOUNT OF THE EXPENSES OR 2. Successor in possession does not prefer to refund the amount
2. PAYING THE INCREASE IN VALUE WHICH THE THING MAY HAVE expended.
ACQUIRED BY REASON THEREOF. Article 550. The COSTS OF LITIGATION over the property shall be BORNE by
EVERY POSSESSOR.
Article 547. If the USEFUL IMPROVEMENTS can be REMOVED WITHOUT
DAMAGE to the PRINCIPAL THING, the POSSESSOR IN GOOD FAITH may

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Article 551. IMPROVEMENTS CAUSED BY NATURE or TIME shall ALWAYS INURE
to the BENEFIT OF THE PERSON who has SUCCEEDED in RECOVERING Article 555. A POSSESSOR MAY LOSE HIS POSSESSION:
POSSESSION. 1. By the ABANDONMENT of the thing;
2. By an ASSIGNMENT MADE to another either by ONEROUS or
Article 552. A POSSESSOR IN GOOD FAITH shall NOT BE LIABLE for the GRATUITOUS TITLE;
DETERIORATION OR LOSS OF THE THING POSSESSED, except in cases in which 3. By the DESTRUCTION or TOTAL LOSS OF THE THING, or because it GOES
it is proved that he has ACTED WITH FRAUDULENT INTENT OR NEGLIGENCE, OUT OF COMMERCE;
AFTER THE JUDICIAL SUMMONS 4. By the POSSESSION OF ANOTHER, subject to the provisions of article 537,
if the NEW POSSESSION HAS LASTED LONGER than ONE YEAR But the
A possessor in BAD FAITH shall be liable for deterioration or loss in every case, REAL RIGHT OF POSSESSION is NOT LOST TILL AFTER THE LAPSE OF 10
even if caused by a FORTUITOUS EVENT. YEARS.

Article 553. One who recovers possession shall not be obliged to pay for GENERAL CAUSES:
improvements which have ceased to exist at the time he takes possession of the 1. By the will of the possessor
thing. Nasabi ko na k a. Abandonment
b. Assignment
Article 554. A PRESENT POSSESSOR who shows his possession at some previous 2. Against the will of the possessor
time, is PRESUMED TO HAVE HELD POSSESSION also DURING THE a. Eminent domain
INTERMEDIATE PERIOD, in the ABSENCE OF PROOF TO THE CONTRARY. b. Acquisitive prescription
c. Judicial decree in favor of one who has a better right
d. Possession of another for more than 1 year
e. By reason of the object
i. Destruction or total loss of the things
ii. Withdrawal from commerce

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Article 559. The possession of movable property acquired in good faith is
ACTS NOT CONSTITUTING LOSS OF POSSESSION equivalent to a title. Nevertheless, one who has lost any movable or has been
1. Acts executed by stealth and without knowledge of the possessor unlawfully deprived thereof, may recover it from the person in possession of
2. Acts merely tolerated either by the possessor or by his representative the same.
or holder in his name unless authorized or ratified
3. Violence If the possessor of a movable lost or which the owner has been unlawfully
4. Temporary ignorance of the whereabouts of movable property deprived, has acquired it in good faith at a public sale, the owner cannot
obtain its return without reimbursing the price paid therefor. (464a)
Article 556. The possession of movables IS NOT DEEMED LOST so long as they
REMAIN UNDER CONTROL OF THE POSSESSOR even though for the time being Article 560. Wild animals are possessed only while they are under one's
he may not know their whereabouts. control; domesticated or tamed animals are considered domestic or tame if
they retain the habit of returning to the premises of the possessor. (465)
CONTROL OF MOVABLE REMAINS—He retains his juridical control of the
thing which remains in his patrimony Article 561. One who recovers, according to law, possession unjustly lost,
shall be deemed for all purposes which may redound to his benefit, to have
Article 557. The possession of immovables and of real rights is not deemed lost, enjoyed it without interruption. (466)
or transferred for purposes of prescription to the prejudice of third persons,
except in accordance with the provisions of the Mortgage Law and the Land
Registration laws. 1. OWNER MAY RECOVER BUT SHOULD REIMBURSE
a. If possessor acquire
Article 558. Acts relating to possession, executed or agreed to by one who 2. OWNER CANNOT RECOVER EVEN IF HE OFFERS TO REIMBURSE:
possesses a thing belonging to another as a mere holder to enjoy or keep it, 1. If possessor had acquired it in gf by purchase from merchant's store
in any character, do not bind or prejudice the owner, unless he gave said or in fairs or markets in accordance to code of commerce and special
holder express authority to do such acts, or ratifies them subsequently. laws
(463) 2. If owner is by his conduct precluded from denying the seller’s
authority to sell

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3. If possessor had obtained the goods because he was an innocent DIFFERENCE IN RIGHTS BETWEEN USUFRUCT AND NAKED OWNERSHIP
purchaser for value and a holder of negotiable document of title to
USUFRUCT NAKED OWNERSHIP
the goods
1. Jus Utendi 1. Jus Disponendi
Title VI. - USUFRUCT 2. Jus Fruendi
CHAPTER 1
USUFRUCT IN GENERAL FORMULA:
1. FULL OWNERSHIP
Art. 562. USUFRUCT gives a RIGHT TO ENJOY THE PROPERTY OF ANOTHER 2. NAKED OWNERSHIP
with the OBLIGATION OF PRESERVING ITS FORM AND SUBSTANCE, unless the 3. USUFRUCT
title constituting it or the law otherwise provides.
CHARACTERISTICS OF USUFRUCT
USUFRUCT—is a real right, of a temporary nature, which authorizes its 1. It is of TEMPORARY DURATION
holder to enjoy all the benefits which result from the normal enjoyment of 2. REAL RIGHT OF USE AND ENJOYMENT whether registered or not in
another’s property, with the obligation to return, at the designated time, the Registry of PRoperty
either the same thing, or in special cases, its equivalent. 3. PURPOSE IS TO ENJOY THE BENEFITS AND DERIVE ALL
ADVANTAGES FROM THE THING DUE TO NORMAL EXPLOITATION
3 FUNDAMENTAL RIGHTS PERTAINING TO OWNERSHIP (DUF) 4. MAY BE CONSTITUTED ON REAL OR PERSONAL PROPERTY,
1. JUS DISPONENDI—Right to dispose, alienate, encumber, transform CONSUMABLE OR NON-CONSUMABLE, TANGIBLE OR INTANGIBLE,
and destroy THE OWNERSHIP OF WHICH IS VESTED IN ANOTHER; AND
2. JUS UTENDI—Right to use; and 5. TRANSMISSIBLE
3. JUS FRUENDI—Right to the fruits
ESSENTIAL REQUISITES OF USUFRUCT:
1. ESSENTIAL—Real, temporary right to enjoy another’s property
2. NATURAL—The obligation to preserve its form or substance
3. ACCIDENTAL—Those which may be present or absent depending
upon the stipulation of the parties

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GENERAL RULE: Usufructuary is bound to preserve the form and the
AS TO SCOPE
substance of the thing in usufruct.
Generally covers all the fruits and Generally refers to uses only
EXCEPTIONS: all the uses and benefits of the
1. When the law or the title creating the usufruct provides that the entire property
usufructuary is not so obliged AS TO CAUSE
2. When the usufruct includes things which without being consumed,
gradually deteriorate through wear and tear Involves more or less passive owner Involves.a more active owner or
3. When the usufruct includes things which cannot be used without who allows the usufructuary to lessor who makes the lessee to
enjoy thonject given in the usufruct enjoy the thing leased
being consumed.
AS TO REPAIRS AND TAXES
USUFRUCT LEASE
Pays for ordinary repairs and taxes Not generally under obligation to
AS TO THE NATURE OF RIGHT on the fruits undertake repairs or pay taxes

Always a real right Generally, a personal right; CLASSIFICATION OF USUFRUCT

However, a registered lease o land is
1. AS TO ORIGIN—Art. 563. USUFRUCT IS CONSTITUTED BY LAW, by the
a real right
WILL OF PRIVATE PERSONS expressed in ACTS INTER VIVOS or in a LAST
AS TO CREATOR OF RIGHT WILL AND TESTAMENT, and by PRESCRIPTION.
a. LEGAL—Constituted by law
owner or his duly authorized agent Lessor may not be the owner
Example: Usufruct of the parents over the property of
AS TO ORIGIN their unemancipated children limited primarily to the
child’s support and secondarily to the collective daily
May be created by law, by contract, Generally created by contract needs of the family.
by will of the testator or by
b. VOLUNTARY—Constituted by the will of private persons
prescription Exp: by law
expressed in acts inter vivos or in a last will and testament.

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c. MIXED—Constituted by prescription. (Created both by law and extinguished until the death of the last survivor. (Art.
by the act of a person) 611)
Illustration: Usufruct acquired by prescription such as 3. AS TO KIND OF OBJECT:
when believing himself to be the owner of the property a. Over a right provided it is NOT STRICTLY PERSONAL or
of an absentee, give in his will the usufruct of the INTRANSMISSIBLE.
property for the requisite prescriptive period to his wife, b. Over things Art. 564.
who possessed it in his good faith as usufructuary and 4. AS TO TERM OR CONDITIONS
naked ownership to his brother. a. PURE—No term or condition
b. WITH A TERM OR PERIOD—may either be suspensive or
Art. 564. USUFRUCT may be CONSTITUTED on the WHOLE or a PART of the resolutory
FRUITS of the THING, IN FAVOR of ONE or MORE PERSONS, SIMULTANEOUSLY i. Ex die—from a certain day
or SUCCESSIVELY, and IN EVERY CASE FROM or to a CERTAIN DAY, PURELY or ii. In diem—up to a certain day
CONDITIONALLY. IT MAY ALSO BE CONSTITUTED ON A RIGHT, provided it is iii. Ex die in diem—from a certain day up to a certain day
NOT STRICTLY PERSONAL or INTRANSMISSIBLE. c. CONDITIONAL
2. AS TO EXTENT OF COVERAGE 5. AS TO THE EXTENT OF OWNER’S PATRIMONY
a. TOTAL—Art. 564. USUFRUCT may be CONSTITUTED on the a. UNIVERSAL—if over the entire patrimony
WHOLE; or b. SINGULAR OR PARTICULAR—If only individual things are
b. PARTIAL— a PART of the FRUITS of the THING, and IN EVERY included
CASE FROM or to a CERTAIN DAY, PURELY or CONDITIONALLY. 6. AS TO WHETHER OR NOT IMPAIRMENT OF OBJECT IS ALLOWED
IT MAY ALSO BE CONSTITUTED ON A RIGHT, AS TO NUMBER OF a. NORMAL—involves non-consumable things which the
PERSONS ENJOYING THE RIGHT usufructuary can enjoy without altering their form or
c. SINGULAR—IN FAVOR of ONE; or substance; or
d. MULTIPLE—or MORE PERSONS b. ABNORMAL—involves things which would be useless to the
i. SIMULTANEOUSLY or usufructuary unless they are consumed or expended.
ii. SUCCESSIVELY
Note: A usufruct constituted in favor of several persons
living at the time of its constitution shall not be

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RIGHTS OF THE USUFRUCTUARY

Art. 565. RULES GOVERNING USUFRUCT I. AS TO THE THING AND ITS FRUITS
1. The RIGHTS AND OBLIGATIONS OF THE USUFRUCTUARY shall be those A. To receive and benefit from all the fruits (except where the
PROVIDED IN THE TITLE CONSTITUTING THE USUFRUCT; usufruct is constituted ony on a part of the fruits of a thing, or
2. in DEFAULT of such title, or in case it is DEFICIENT, the PROVISIONS where there is an agreement to the contrary))
CONTAINED IN THE TWO FOLLOWING CHAPTERS SHALL BE OBSERVED.
OBJECT OWNER USUFRUCTUARY

RULES GOVERNING USUFRUCT Dividends

Governed primarily by title —Art 565 creating usufruct
Products which diminish capital
In the absence thereof—Articles 566-612 of the Civil code
Fruits growing at the beginning
of the usufruct
CHAPTER 2
RIGHTS OF THE USUFRUCTUARY Fruits growing at the termination
of then usufruct

Art. 566. The USUFRUCTUARY SHALL. ENTITLED TO ALL THE NATURAL,

INDUSTRIAL AND CIVIL FRUITS OF THE PROPERTY IN USUFRUCT. B. To the half of the hidden treasure he accidentally finds
C. To enjoy any increase which the thing in usufruct may acquire
With respect to HIDDEN TREASURE which may be found on the land or through accessions, servitudes, easements and all benefits
tenement,—he shall be considered a STRANGER. inherent in the property
D. T0 lease the thing generally, for the same or shorter period as
HIDDEN TREASURE—Usufructuary is not entitled to hidden treasure which the usufruct
may be found on his property because it does not fall 8nder the term E. To make on the property in usufruct such improvements or
“fruits”. He shall be considered as stranger. expenses he may deem proper and to remove the
IF HE IS THE FINDER—He is entitled to ½ of the treasure with the improvements provided no damage is caused to the property
other half pertaining to the owner

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F. To set-off the improvements he may have made on the
property against any damage to the same Those GROWING AT THE TIME THE USUFRUCT TERMINATES, belong to the
REQUISITES BEFORE SET-OFF CAN BE MADE: OWNER.
1. Damage must have been caused by the usufructuary and
2. Improvements must have augmented the value of the In the preceding cases, the USUFRUCTUARY, AT THE BEGINNING OF THE
property. USUFRUCT,HAS NO OBLIGATION TO REFUND THE OWNER ANY EXPENSES
incurred; but the OWNER SHALL BE OBLIGED TO REIMBURSE AT THE
II. AS TO THE USUFRUCT ITSELF: TERMINATION OF THE USUFRUCT, from the PROCEEDS OF THE GROWING
A. To alienate or mortgage the right of usufruct except parental FRUITS the ORDINARY EXPENSES OF CULTIVATION, FOR SEED, AND OTHER
usufruct SIMILAR EXPENSES incurred by the USUFRUCTUARY.
B. In a usufruct to recover property or a real right, to bring the
action and to oblige the owner thereof to give him proper The provisions of this article shall NOT PREJUDICE THE RIGHTS OF THIRD
authority and necessary proof PERSONS, ACQUIRED EITHER AT THE BEGINNING OR AT THE TERMINATION
C. In a usufruct of part of a common property, to exercise all the OF THE USUFRUCT.
rights pertaining to the co-owner with respect to the
administration and collection of fruits or interests from the THIS PROVISION DOES NOT APPLY TO CIVIL FRUITS.
property.
III. AS TO ADVANCES AND DAMAGES RULES ON PENDING NATURAL OR INDUSTRIAL FRUITS
A. To be reimbursed for indispensable extraordinary repairs 1. Fruits pending at the beginning of usufruct
made by him in an amount equal to the increase in value which a. Belong to the usufructuary
the property may have acquired by reason of such repairs. b. No necessity to refund the owner for expenses incurred
B. To be reimbursed for taxes on the capital advanced by him c. But without prejudice to the right of third persons
C. To be in them inside for damages cost to him by the naked 2. Fruits pending at the termination of usufruct
owner a. Belong to the owner
b. But the owner must reimburse the usufructuary for ordinary
Art. 567. NATURAL or INDUSTRIAL FRUITS growing AT THE TIME THE cultivation expenses and for the seeds and similar expenses
USUFRUCT BEGINS, belong to the USUFRUCTUARY. from the proceeds of the fruits

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c. Rights of innocent third parties should not be prejudiced in
relation to Art 546 and 443 of the NCC. Whenever it consists in the ENJOYMENT OF BENEFITS ACCRUING FROM
PARTICIPATION IN ANY INDUSTRIAL OR COMMERCIAL ENTERPRISE, the
Note: If the expenses are greater than the proceeds of the fruits, the owner DATE OF THE DISTRIBUTION of which is NOT FIXED, such BENEFITS SHALL
has no obligation to reimburse the difference because there is no proceeds HAVE THE SAME CHARACTER.
of fruits from which the expenses should be paid.
In either case they shall be distributed as CIVIL FRUITS, and shall be APPLIED IN
Art. 568. If the USUFRUCTUARY HAS LEASED THE LANDS OR TENEMENTS THE MANNER PRESCRIBED IN THE PRECEDING ARTICLE.
GIVEN IN USUFRUCT, and the USUFRUCT SHOULD EXPIRE BEFORE THE
TERMINATION OF THE LEASE, HE or HIS HEIRS and SUCCESSORS shall PAYMENTS AND BENEFITS THAT ACCRUE AFTER THE TERMINATION OF THE
RECEIVE ONLY THE PROPORTIONATE SHARE OF THE RENT that must be PAID USUFRUCT—Belongs to the owner.
BY THE LESSEE.
Art. 571. The USUFRUCTUARY shall have the RIGHT TO ENJOY ANY INCREASE
Art. 569. CIVIL FRUITS are deemed to ACCRUE DAILY, and BELONG to the which the THING IN USUFRUCT MAY ACQUIRE THROUGH ACCESSION, the
USUFRUCTUARY IN PROPORTION TO THE TIME THE USUFRUCT MAY LAST. SERVITUDES ESTABLISHED IN ITS FAVOR, AND IN GENERAL, ALL THE
BENEFITS INHERENT THEREIN.
THE USUFRUCT MAY LEASE THE PROPERTY IN USUFRUCT TO ANOTHER.
“BENEFITS INHERENT IN THE THING”:
1. IF THE USUFRUCT SHOULD EXPIRE BEFORE THE TERMINATION OF 1. Right to hunt and fish therein
THE LEASE—Usufructuary or his heirs and successors are entitled only 2. Right to construct receptacles for rain water
to the rents corresponding to the duration of the usufruct. The rents for 3. Right to use medical waers rising on the land in usufruct.
the remaining period of the lease belong to the owner.

Art. 570. Whenever a usufruct is constituted on the RIGHT TO RECEIVE A RENT

OR PERIODICAL PENSION, whether in MONEY OR FRUITS, or in the INTEREST
ON BONDS OR SECURITIES PAYABLE TO BEARER, EACH PAYMENT DUE shall
be considered as the PROCEEDS OT FRUITS OF SUCH RIGHT.

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Art. 572. The USUFRUCTUARY MAY PERSONALLY ENJOY THE THING IN Art. 573. Whenever the usufruct includes things which, WITHOUT BEING
USUFRUCT, LEASE IT TO ANOTHER, OR ALIENATE HIS RIGHT OF USUFRUCT, CONSUMED, GRADUALLY DETERIORATE THROUGH WEAR AND TEAR, the
EVEN BY GRATUITOUS TITLE; but ALL THE CONTRACTS HE MAY ENTER into USUFRUCTUARY shall have the RIGHT TO MAKE USE THEREOF in accordance
AS such USUFRUCTUARY shall TERMINATE UPON THE EXPIRATION OF THE with the PURPOSE FOR WHICH THEY ARE INTENDED, and shall NOT BE
USUFRUCT, SAVING LEASES OF RURAL LANDS, which shall be considered as OBLIGED TO RETURN THEM AT THE TERMINATION of the usufruct EXCEPT IN
subsisting during the AGRICULTURAL YEAR. THEIR CONDITION AT THAT TIME; but HE SHALL BE OBLIGED TO INDEMNIFY
THE OWNER for ANY DETERIORATION THEY MAY HAVE SUFFERED BY
REASON OF HIS FRAUD OR NEGLIGENCE.
THING IN USUFRUCT: RIGHT IN USUFRUCT

1. He may lease it even without 1. He may alienate, pledge or Article 573 gives an instance of abnormal usufruct because in the enjoyment
the owner’s consent but not mortgage it, even by of the property the usufructuary cannot preserve its form or substance.
being the owner, he cannot gratuitous title.
alienate, pledge or mortgage USUFRUCT ON THINGS WHICH GRADUALLY DETERIORATE:
the thing itself. 1. Usufructuary is not responsible for the deterioration due to wear and tear
2. He may sell future crops nor is he required to make any repairs to restore it to its former
subject to the rule that those condition. He needs only to return the thing at the termination of the
ungathered ar the time when usufruct in the condition it may be at the time. If he fails to do so, he
the usufruct termites belong should pay its value at the time the usufruct ceases.
to the owner 2. Usufructuary is liable for damage suffered by the thin by reason of his
fraud or negligence, although much liability u be set-off against the
WHEN THE THINGS GIVEN IN improvements he may have made on the property.
USUFRUCT CANNOT BE USED 3. Usufructuary does not answer for deterioration due to a fortuitous event.
WITHOUT BEING CONSUMED OR He is however obliged to make the ordinary repairs needed by the
WERE APPRAISED WHEN thing.
DELIVERED—The usufructuary
may dispose of them.

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Art. 574. USUFRUCT ON CONSUMABLE THINGS: Art. 575. The USUFRUCTUARY OF FRUIT-BEARING TREES AND SHRUBS may
Whenever the usufruct includes things which CANNOT BE USED WITHOUT make use of the dead trunks, and even of those cut off or uprooted by ACCIDENT,
BEING CONSUMED, the USUFRUCTUARY shall HAVE THE: UNDER THE OBLIGATION TO REPLACE THEM WITH THE NEW PLANTS.
1. if they were APPRAISED WHEN DELIVERED.—RIGHT TO MAKE USE of
them under the OBLIGATION OF PAYING THEIR APPRAISED VALUE at Art. 576. If in consequence of a CALAMITY or EXTRAORDINARY EVENT, the
the TERMINATION OF THE USUFRUCT TREES or SHRUBS SHALL HAVE DISAPPEARED IN SUCH CONSIDERABLE
2. In case they were NOT APPRAISED— NUMBER THAT IT WOULD NOT BE POSSIBLE or IT WOULD BE TOO
a. he shall have the RIGHT TO RETURN at the SAME QUANTITY AND BURDENSOME TO REPLACE THEM, the USUFRUCTUARY may LEAVE THE
QUALITY, or DEAD, FALLEN or UPROOTED trunks a the DISPOSAL OF THE OWNER, and
b. PAY THEIR CURRENT PRICE AT THE TIME THE USUFRUCT DEMAND that the LATTER REMOVE THEM AND CLEAR THE LAND.
CEASES.
The usufructuary is given the right to make use of dead trunks and trunks and
Art. 574 is an instance of abnormal usufruct because the thing in usufruct cannot those cut-off or uprooted by accident but he must place them with new plants
be used without being consumed. because he has the obligations to preserve the form or substance of the property
in usufruct.
THE USUFRUCTUARY SHALL HAVE THE RIGHT TO MAKE USE OF THE
CONSUMABLE THING. Art. 577. The usufructuary of woodland may enjoy all the benefits which it
may produce according to its nature.
AT THE TERMINATION OF THE USUFRUCT, HE MUST:
1. Pay its appraised value; or If the woodland is a copse or consists of timber for building—usufructuary
2. If there was no appraisal made, either: may do such ordinary cutting or felling as the owner was:
a. Return the same quantity and quality; or 1. in the habit of doing, and
b. Pay its current price at such termination 2. in default of this—he may do so in accordance with the custom of the
place, as to the manner, amount and season.

In any case the felling or cutting of trees shall be made in such manner as
not to prejudice the preservation of the land.

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2. HE MAY REMOVE IMPROVEMENTS—Only when it is possible to do so
In nurseries, the usufructuary may make the necessary thinnings in order without damage to the property
that the remaining trees may properly grow. 3.
With the exception of the provisions of the preceding paragraphs, the Art. 580. The usufructuary may set off the improvements he may have made
usufructuary cannot cut down trees unless it be to restore or improve some on the property against any damage to the same. (488)
of the things in usufruct, and in such case shall first inform the owner of the
necessity for the work. Art. 581. The owner of property the usufruct of which is held by another,
may alienate it, but he cannot alter its form or substance, or do anything
Art. 578. The usufructuary of an action to recover real property or a real thereon which may be prejudicial to the usufructuary. (489)
right, or any movable property, has the right to bring the action and to
oblige the owner thereof to give him the authority for this purpose and to Art. 582. The USUFRUCTUARY OF A PART OF A THING HELD IN COMMON shall
furnish him whatever proof he may have. If in consequence of the EXERCISE ALL THE RIGHTS PERTAINING THE OWNER THEREOF with respect
enforcement of the action he acquires the thing claimed, the usufruct shall to the ADMINISTRATION and the COLLECTION OF FRUITS OR INTEREST.
be limited to the fruits, the dominion remaining with the owner. (486) Should the CO-OWNERSHIP CEASE BY REASON OF THE DIVISION OF THE
THING HELD IN COMMON, the USUFRUCT of the PART ALLOTED TO THE
Art. 579. The usufructuary may make on the property held in usufruct such CO-OWNER shall BELONG TO THE USUFRUCTUARY.
USEFUL IMPROVEMENTS OR EXPENSES—for mere pleasure as he may deem
proper, provided HE DOES NOT ALTER ITS FORM OR SUBSTANCE; but he shall USUFRUCT OF PART OF COMMON PROPERTY
have NO RIGHT TO BE INDEMNIFIED THEREFOR. He may, however, remove
such improvements, should it be possible to do so without damage to the A Co-owner of property has full ownership of his part and he may therefore
property. intimate, a sign, mortgage, or give it in usufruct without the consent of the
others except when personal rights are involved.
WHERE USEFUL OR LUXURIOUS IMPROVEMENTS ARE MADE BY THE
USUFRUCTUARY 1. IN CASE A CO-OWNER GIVES THE USUFRUCT OF HIS SHARE TO A
1. IN THE EXERCISE OF THE RIGHT—He must not alter the form or the PERSON—Usufructuary shall exercise all the rights Pertaining to the
substance co-owner regarding the administration and the collection of the
fruits or interest from the property

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2. The usufructuary shall be bound by the partition made by the 2. THOSE DURING THE USUFRUCT TO WIT;
owners of the undivided property although he took no part in the A. Art. 589. The USUFRUCTUARY shall TAKE CARE OF THE THINGS GIVEN
partition but the naked owner to who, the part held in usufruct has in usufruct as a GOOD FATHER OF A FAMILY.
been allotted must respect the usufruct. The right of Usufructuary is B. To answer for acts of the substitute without prejudice to his right of
not affected by the division but it is limited to the fruits of side part action against the latter
allotted to the co-owner C. To replace with the young thereof animals that die or are lost when
the usufruct is constituted on flock or herd of livestock
CHAPTER 3 D. To make ordinary repairs
OBLIGATIONS OF THE USUFRUCTUARY E. To permit works and improvements by the naked owner not
CLASSIFICATIONS OF THE OBLIGATIONS OF THE USUFRUCTUARY prejudicial to the usufruct
1. THOSE BEFORE THE USUFRUCT BEGINS, TO WIT; F. To pay annual taxes and charges on the fruits
Art. 583. The USUFRUCTUARY, BEFORE ENTERING UPON THE ENJOYMENT OF G. To pay interest on taxes on capital paid by the naked owner
THE PROPERTY is OBLIGED: H. To pay debts when the Usufruct is constituted on the whole
A. To MAKE, AFTER NOTICE to the OWNER or his LEGITIMATE patrimony
REPRESENTATIVE, an INVENTORY of all the property, which shall I. To secure the naked owner’s or court’s approval to collect credits in
CONTAIN AN APPRAISAL OF THE MOVABLES and a DESCRIPTION of the certain cases
CONDITION OF THE IMMOVABLES J. To notify the owner of any prejudicial are committed by third
B. To GIVE SECURITY, binding himself to FULFILL THE OBLIGATIONS persons
IMPOSED UPON HIM in accordance with this Chapter. K. To pay the court expenses and costs regarding usufruct

INVENTORY—mere condition to be complied with before the usufructuary 3. AT THE TERMINATION OF THE USUFRUCT
may enter into possession and enjoyment of the property A. To return the thing in usufruct to the owner unless there is a right of
retention
REQUIREMENTS FOR THE MAKING OF INVENTORY: B. To pay legal interest on the amount spent by the owner for
A. THE OWNER OR HIS LEGITIMATE REPRESENTATIVE MUST BE extraordinary repairs or taxes on the capital
PREVIOUSLY NOTIFIED TO ENABLE HIM TO CORRECT ERRORS IN a. To indemnify the owner for any losses due to his negligence
THE INVENTORY, IF HE DESIRES or of his transferees.

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the net proceeds thereof, after deducting the sums which may be agreed upon or
judicially allowed him for such administration. (494)
Art. 584. The provisions of No. 2 of the preceding article shall not apply to
the donor who has reserved the usufruct of the property donated, or to the
parents who are usufructuaries of their children's property, except when the
parents contract a second marriage. (492a) EFFECT OF FAILURE TO GIVE SECURITY
A. ON THE RIGHTS OF THE NAKED OWNER
Art. 585. The usufructuary, whatever may be the title of the usufruct, may be a. He may deliver the property to the usufructuary
excused from the obligation of making an inventory or of giving security, b. Or the naked owner may choose retention of the property as
when no one will be injured thereby. (493) administrator
c. Or the naked owner may demand receivership or
Art. 586. Should the usufructuary fail to give security in the cases in which he is administration of the real property, sale of movable,
bound to give it, the owner may demand that the immovables be placed under conversion or deposit of credit instruments,investment of cash
administration, that the movables be sold, that the public bonds, instruments of or profits.
credit payable to order or to bearer be converted into registered certificates or d. He may demand that the movables be sold
deposited in a bank or public institution, and that the capital or sums in cash e. He may demand tha tht e credit instrument be converted into
and the proceeds of the sale of the movable property be invested in safe regular certificate o deposit
securities. f. He may demand that the cash and credits be invested in sfe
securities.
The interest on the proceeds of the sale of the movables and that on public B. ON THE RIGHT OF THE USUFRUCTUARY
securities and bonds, and the proceeds of the property placed under a. He cannot possess the property until he gives security
administration, shall belong to the usufructuary. b.

Furthermore, the owner may, if he so prefers, until the usufructuary gives

security or is excused from so doing, retain in his possession the property in Art. 587. If the usufructuary who has not given security claims, by virtue of a
usufruct as administrator, subject to the obligation to deliver to the usufructuary promise under oath, the delivery of the furniture necessary for his use, and that

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he and his family be allowed to live in a house included in the usufruct, the court disease or any other uncommon event, the usufructuary shall fulfill his
may grant this petition, after due consideration of the facts of the case. obligation by DELIVERING TO THE OWNER THE REMAINS WHICH MAY
HAVE BEEN SAVED FROM THE MISFORTUNE.
The same rule shall be observed with respect to implements, tools and other Should the herd or flock perish in part, also by ACCIDENT and without the
movable property necessary for an industry or vocation in which he is engaged. fault of the usufructuary, the usufruct shall continue on the part saved.

If the owner does not wish that certain articles be sold because of their artistic Should the usufruct be on sterile animals, it shall be considered, with
worth or because they have a sentimental value, he may demand their delivery respect to its effects, as though constituted on fungible things. (499a)
to him upon his giving security for the payment of the legal interest on their
appraised value. Art. 592. The USUFRUCTUARY is obliged to make the ORDINARY REPAIRS
needed by the thing given in usufruct.
Art. 588. After the security has been given by the usufructuary, he shall have
a right to all the proceeds and benefits from the day on which, in accordance ORDINARY REPAIRS—understood such as are required by the wear and tear due
with the title constituting the usufruct, he should have commenced to to the natural use of the thing and are indispensable for its preservation. Should
receive them. (496) the usufructuary fail to make them after demand by the owner, the latter may
make them at the expense of the usufructuary.
Art. 590. A usufructuary who alienates or leases his right of usufruct shall
answer for any damage which the things in usufruct may suffer through the Art. 593. EXTRAORDINARY REPAIRS shall be at the expense of the OWNER. The
fault or negligence of the person who substitutes him. (498) usufructuary is obliged to notify the owner when the need for such repairs is
urgent.
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the
usufructuary shall be obliged to replace with the young thereof the animals Art. 594. If the owner should make the extraordinary repairs, he shall have a
that die each year from natural causes, or are lost due to the rapacity of right to demand of the USUFRUCTUARY the LEGAL INTEREST on the
beasts of prey. amount expended for the time that the usufruct lasts.

If the animals on which the usufruct is constituted should all perish, Should he not make them when they are indispensable for the preservation
without the fault of the usufructuary, on account of some contagious of the thing, the usufructuary may make them; but he shall have a right to

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demand of the owner, at the termination of the usufruct, the increase in
value which the immovable may have acquired by reason of the repairs. The same rule shall be applied in case the owner is obliged, at the time the
(502a) usufruct is constituted, to make periodical payments, even if there should be
no known capital. (506)
Art. 595. The OWNER MAY CONSTRUCT ANY WORKS AND MAKE ANY
IMPROVEMENTS of which the IMMOVABLE IN USUFRUCT IS SUSCEPTIBLE, Art. 599. The usufructuary may claim any matured credits which form a part
or make new plantings thereon if it be rural, provided that such acts do not of the usufruct if he has given or gives the proper security. If he has been
cause a diminution in the value of the usufruct or prejudice the right of the excused from giving security or has been able to give it, or if that given is
usufructuary. not sufficient, he shall need the authorization of the owner, or of the court
in default thereof, to collect such credits.
Art. 596. The PAYMENT OF ANNUAL CHARGES AND TAXES AND THOSE
CONSIDERED AS A LIEN ON THE FRUITS—Shall be at the expense of the The usufructuary who has given security may use the capital he has
USUFRUCTUARY for ALL THE TIME THAT THE USUFRUCT LASTS. collected in any manner he may deem proper. The usufructuary who has not
given security shall invest the said capital at interest upon agreement with
Art. 597. The taxes which, during the usufruct, may be imposed directly on the owner; in default of such agreement, with judicial authorization; and, in
the capital, shall be at the expense of the owner. every case, with security sufficient to preserve the integrity of the capital in
usufruct. (507)
If the latter has paid them, the usufructuary shall pay him the proper
interest on the sums which may have been paid in that character; and, if the Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to
said sums have been advanced by the usufructuary, he shall recover the pay the debt for the security of which the mortgage was constituted.
amount thereof at the termination of the usufruct. (505)
Should the immovable be attached or sold judicially for the payment of the
Art. 598. If the usufruct be constituted on the WHOLE OF A PATRIMONY, and if debt, the owner shall be liable to the usufructuary for whatever the latter
at the time of its constitution the OWNER HAS DEBTS, the provisions of Articles may lose by reason thereof. (509)
758 and 759 relating to donations shall be applied, both with respect to the
maintenance of the usufruct and to the obligation of the usufructuary to pay Art. 601. The usufructuary shall be obliged to notify the owner of any act of a
such debts. third person, of which he may have knowledge, that may be prejudicial to

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the rights of ownership, and he shall be liable should he not do so, for I. DEATH OF THE USUFRUCTUARY—Usufruct is constituted essentially
damages, as if they had been caused through his own fault. (511) as a lifetime benefit for the usufructuary or in consideration of his
person.
Art. 602. The EXPENSES, COSTS, and LIABILITIES in suits brought with EXCEPTION:
regard to the usufruct shall be borne by the USUFRUCTUARY. A. IN THE CASE OF MULTIPLE USUFRUCTS—it ends on
CHAPTER 4 the death of the last survivor
EXTINGUISHMENT OF USUFRUCT B. IN CASE THERE IS PERIOD FIXED BASED ON THE
NUMBER OF YEARS THAT WOULD ELAPSE BEFORE A
Art. 603. Usufruct is EXTINGUISHED: PERSON WOULD REACH A CERTAIN AGE—Unless the
1. By the DEATH OF THE USUFRUCTUARY, unless a contrary intention period was expressly granted only in consideration of
clearly appears; the existence of such persons in which case it ends at
2. By the EXPIRATION OF THE PERIOD for which it was constituted, or the death of said person
by the FULFILLMENT OF ANY RESOLUTORY CONDITION provided in C. IN CASE THE CONTRARY INTENTION CLEARLY
the title creating the usufruct; APPEARS
3. By MERGER OF THE USUFRUCT and OWNERSHIP IN THE SAME
PERSON; II. BY THE EXPIRATION OF PERIOD OR FULFILLMENT OF CONDITION—
4. By RENUNCIATION OF THE USUFRUCTUARY ● If the usufructuary is a JURIDICAL PERSON, the term should
5. By the TOTAL LOSS OF THE THING in usufruct; not exceed 50 years
6. By the TERMINATION OF THE RIGHT OF THE PERSON constituting ● If the usufruct is on a REAL PROPERTY, or on a REAL RIGHT
the usufruct; ON REAL PROPERTY—period must be recorded to bind third
7. By PRESCRIPTION. persons.
OTHER CAUSES: ● PREMATURE ABANDONMENT or DISSOLUTION OF THE
8. ANNULMENT/ RESCISSION OF CONTRACT JURIDICAL ENTITY—EXTINGUISHES THE USUFRUCT
9. MUTUAL CONSENT
10. ATTAINMENT OF AGE OF MAJORITY OF A CHILD WHOSE PROPERTY III. BY MERGER OF THE USUFRUCT —Takes place when the rights of
IS UNDER PARENTAL USUFRUCTUARY usufruct and ownership are acquired by one and the same person who
becomes the absolute owner of the property.

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IV. RENUNCIATION—voluntary surrender of the very rights which the Art. 605. USUFRUCT CANNOT BE CONSTITUTED IN FAVOR OF A TOWN,
usufructuary has, made by him with the intent to surrender them. CORPORATION, OR ASSOCIATION FOR MORE THAN FIFTY YEARS. If it has been
constituted, and before the expiration of such period the town is abandoned, or
NOTE: It is really an abandonment by the usufructuary of his right and does the corporation or association is dissolved, the USUFRUCT SHALL BE
not require the consent of the naked owner but it is subject to the rights of EXTINGUISHED BY REASON THEREOF.
creditors.
50 YEAR LIMITATION—Usufruct is intended only as a lifetime grant. The
V. TOTAL LOSS OF THE THING—A thing is lost when it perishes, or goes ordinary life of a corporation under the corporation code is 50 years.
out of commerce, or disappears in such a manner that its existence is
unknown or it cannot be recovered. Art. 606. A USUFRUCT GRANTED FOR THE TIME THAT MAY ELAPSE BEFORE A
EXCEPTIONS: THIRD PERIOD ATAINS A CERTAIN AGE, shall SUBSIST for the NUMBER OF
A. If the usufruct is constituted on a building and the latter YEARS SPECIFIED, EVEN IF THE THIRD PERSON SHOUDL DIE BEFORE THE
is destroyed without the fault of the usufructuary PERIOD EXPIRES, unless such usufruct has been expressly granted only in
B. If the property held in usufruct was expropriated for consideration of the existence of such person.
public use, the usufruct was not extinguished.
GENERAL RULE: Usufruct with duration dependent on age of a third person
VI. TERMINATION OF THE RIGHT OF THE PERSON CONSTITUTING THE EXCEPTION: Usufruct has been expressly granted only in
USUFRUCT—Refers to the right of the person constituting the usufruct, not consideration of the existence of the third person.
oto a condition imposed upon the usufruct itself.
Art. 607. If the USUFRUCT is constituted on IMMOVABLE PROPERTY of which a
Art. 604. If the THING GIVEN IN USUFRUCT SHOULD BE LOST ONLY IN PART, BUILDING FORMS PART, and the latter SHOULD BE DESTROYED IN ANY
the RIGHT SHALL CONTINUE on the remaining part. MANNER WHATSOEVER, the USUFRUCTUARY shall have a RIGHT TO MAKE
USE OF THE LAND AND THE MATERIALS.
TO EXTINGUISH A USUFRUCT—Loss must be total except in Arts 607-608. In The SAME RULE SHALL BE APPLIED if the USUFRUCT IS CONSTITUTED ON A
case of disagreements, the courts will determine. BUILDING ONLY and the same SHOULD BE DESTROYED. But in such a case, if
the OWNER SHOULD WISH TO CONSTRUCT ANOTHER BUILDING, HE SHALL
HAVE A RIGHT TO OCCUPY THE LAND AND TO MAKE USE OF THE MATERIALS,

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being OBLIGED TO PAY TO THE USUFRUCTUARY, DURING THE CONTINUANCE 3. Make use of the materials even against the objection of the
OF THE USUFRUCT, THE INTEREST UPON THE SUM EQUIVALENT TO THE usufructuary.
VALUE OF THE LAND AND OF THE MATERIALS.
The only right of the usufructuary is to:
WHERE USUFRUCT ON LAND AND BILDING, AND BUILDING DESTROYED 1. Receive during the continuance of the usufruct,
1. DESTRUCTION OF BUILDING TERMINATES THE USUFRUCT ON THE 2. Legal interest in the value of the land and of the materials.
BUILDING BUT NOT THE USUFRUCT ON THE LAND—Usufructuary is
still entitled to use o the lan and in place of the building, the Art. 608. If the USUFRUCTUARY SHARES WITH THE OWNER the INSURANCE OF
materials thereof. (Case of partial loss) THE TENEMENT GIVEN IN USUFRUCT— the former shall, IN CASE OF LOSS,
2. USUFRUCTUARY CAN INSIST ON THE USE OF THE LAND AND THE CONTINUE IN THE ENJOYMENT OF THE NEW BUILDING, should ONCE BE
MATERIALS FOR THE REMAINDER OF THE TERM OF THE USUFRUCT CONSTRUCTED, or SHALL RECEIVE THE INTEREST on the INSURANCE
AS THE RIGHT IS GRANTED BIM. BY THE LAW AS AGAINST THE INDEMNITY IF THE OWNER DOES NOT WISH TO REBUILD.
WISH OF THE OWNER YO CONSTRUCT ANOTHER
BUILDING—Temporary measure to keep the usufruct alive until the Should the USUFRUCTUARY REFUSED TO CONTRIBUTE TO THE
building is reconstructed or replaced. INSURANCE—the OWNER INSURING THE TENEMENT ALONE, the LATTER
3. NAKED OWNER SHALL PAY LEGAL INTEREST ON INSURANCE shall RECEIVE THE FULL AMOUNT OF THE INSURANCE INDEMNITY IN CASE
RECEIVED IF IT HAS NOT BEEN USED IN THE CONSTRUCTION OF OF LOSS, SAVING ALWAYS THE RIGHT GRANTED TO THE USUFRUCTUARY in
ANOTHER BUILDING DURING THE WHOLE PERIOD OF THE the preceding article.
USUFRUCT—But he may if he so desires, relieve himself of this
encumbrance by turning over the money to the usufructuary so that NEITHER THE OWNERS NOR THE USUFRUCTUARY IS UNDER OBLIGATION TO
he may use it subject to the obligation to return the amount to the INSURE THE PROPERTY IN USUFRUCT.
naked owner after his death as provided in Article 612.
SHOULD THEY DO SO:
WHERE USUFRUCT ON BUILDING ONLY AND IT IS DESTROYED— 1. USUFRUCTUARY SHARES WITH THE OWNER IN INSURING THE
Owner is given the preferential right to: PROPERTY—Usufructuary shall continue to enjoy the new building
1. Construct another building, to be constructed, or
2. Occupy the land and

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a. IF THE OWNER DOES NOT WISH TO REBUILD—the Art. 610. A USUFRUCT IS NOT EXTINGUISHED by BAD USE OF THE THING in
usufructuary shall receive the legal interest on the insurance usufruct; but IF THE ABUSE SHOULD CAUSE CONSIDERABLE INJURY TO THE
proceeds which will go to the owner. OWNER—LATTER may: DEMAND THAT THE THING BE DELIVERED to him,
2. USUFRUCTUARY REFUSES TO CONTRIBUTE TO THE INSURANCE BINDING HIMSELF TO PAY ANNUALLY to the usufructuary the NET PROCEEDS
AND SO THE OWNER PAYS IT ALONE— of the same, AFTER DEDUCTING THE EXPENSES and the COMPENSATION
WHICH MAY BE ALLOWED him for its ADMINISTRATION.
OWNER USUFRUCTUARY
EXPROPRIATION OF THE THING DOES NOT EXTINGUISH THE USUFRUCT.
The owner gets the full insurance right of the usufructuary is limited Article 609 allows the substitution of the thing by an equivalent thing.
indemnity incase of loss to the legal interest on the value of
the land and of the materials. EFFECT OF BAD USE—Bad use of the thing in usufruct does not extinguish
the right of the usufructuary whether there is security or not. The usufruct
ARTICLE 608 IS SILENT WHERE THE USUFRUCTUARY ALONE PAYS THE continues.
INSURANCE, OR WHERE BOTH SHARE IN THE PAYMENT THEREOF, AS TO THE
PROPORTION OF THEIR CONTRIBUTION TO THE INSURANCE. IF THE BAD USE CAUSES CONSIDERABLE INJURY TO THE OWNER, NOT
TO THE THING ITSELF—Owner is given the right provided in Article
Art. 609. Should the THING IN USUFRUCT BE EXPROPRIATED FOR PUBLIC 610.
USE—the OWNER SHALL BE OBLIGED EITHER TO:
1. REPLACE IT WITH ANOTHER THING OF THE SAME VALUE AND OF Art. 611. A USUFRUCT constituted IN FAVOR OF SEVERAL PERSONS LIVING AT
SIMILAR CONDITIONS or THE TIME OF ITS CONSTITUTION shall NOT BE EXTINGUISHED UNTIL DEATH
2. TO PAY THE USUFRUCTUARY THE LEGAL INTEREST ON THE AMOUNT OF THE LAST SURVIVOR.
OF THE INDEMNITY FOR THE WHOLE PERIOD OF THE USUFRUCT.
1. IF CONSTITUTED SIMULTANEOUSLY—All usufructuaries must be
If the OWNER CHOOSES THE LATTER ALTERNATIVE—he shall GIVE SECURITY alive at the time of the constitution. The death of the last survivor
FOR THE PAYMENT OF THE INTEREST. extinguishes the usufruct.
2. IF CONSTITUTED SUCCESSIVELY—It is essential that:

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a. If the successive usufruct were constituted by virtue of a
donation—all the donee-usufructuaries must be living at the The IMMOVABLE IN FAVOR of which the EASEMENT IS ESTABLISHED is called
time of the constitution-donation of the usufruct the DOMINANT ESTATE; that which is SUBJECT THERETO, the SERVIENT
b. If the successive usufructs were constituted by virtue of a last ESTATE.
will—There should be only 2 successive usufructuaries and
both must have been alive at the time of the testator's death. EASEMENT OR SERVITUDE—Real right constituted on another’s property,
corporeal and immovable, by virtue of which the owner of the same has to
Art. 612. Upon the TERMINATION OF THE USUFRUCT, THING IN USUFRUCT abstain from doing or to allow somebody else to do something on his
SHALL BE: property for the benefit of another thing or person.
1. DELIVERED TO THE OWNER WITHOUT PREJUDICE TO THE RIGHT OF
RETENTION PERTAINING TO THE USUFRUCTUARY IR HUS HEIRS FOR Merger of servient and dominant owner extinguishes easement.
AXES AND ORDINARY EXPENSES of which should be REIMBURSED.
2. After the delivery has been made, the security or mortgage shall be ENCUMBERANCE-serves as limitation to the right of servient owner.
cancelled. Because the servient owner must allow dominant owner to enjoy or benefit
from his property.
TITLE VII
SERVITUDE EASEMENT
EASEMENTS OF SERVITUDES
AS TO ORIGIN
CHAPTER 1
Derived from Roman Law Derived from Common Law
Easements in General
AS TO RECIPIENT OF BENEFIT
SECTION 1
Different Kinds of Easements Broader term and may be real or Always real
personal, Burden or encumbrance
imposed upon another
Article 613. An EASEMENT or SERVITUDE is an ENCUMBRANCE IMPOSED upon
an IMMOVABLE FOR THE BENEFIT OF ANOTHER IMMOVABLE BELONGING TO Note: As used in the Civil code, easement is equivalent to servitude.
A DIFFERENT OWNER.

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CHARACTERISTICS ON EASEMENT 6. It is a RIGHT LIMITED TO THE NEEDS OF THE DOMINANT OWNER OR
1. It is a REAL RIGHT but will affect 3rd persons only when duly ESTATE, without possession
registered. 7. It cannot consist in the doing of an act unless the act is accessory in
The right is constituted on the thing itself and not upon the relation to a real easement
owner or its occupant. As a consequence, the right avails 8. It is a limitation of the servient owner’s rights of ownership benefit
against every person whomsoever who may happen, for the of the dominant owner; and therefore, it is not presumed.
time being, to have any interest in the thing, or, as an adverse
processor, to exercise a right of dominion over it. The right EASEMENTS GIVES THE HOLDER AN INCORPOREAL RIGHT ON THE LAND BUT
consists of a limited use and enjoyment of the thing without GRANTS NO TITLE THERETO.
possession and gives rise to an action in rem in favor of the ● Easement can exist only when the servient and dominant estates
owner of the tenement of the easement and against any belong to different owners
processor of the servient estate. ● It is sufficient that there is a determinate use or utility in favor of a
2. It is ENJOYED OVER ANOTHER PERSON’S IMMOVABLE, never on one’s dominant estate over an estate belonging to another.
own property ● The benefit or burden should not be so great as to be inconsistent
It operates as a limitation on the title of the owner of the with the general right of ownership of a person, amounting to a
servient estate, especially, his right to use. Inasmuch as every taking of his property.
easement or servitude is a limitation upon one’s ownership, it
EASEMENT LEASE
follows that no man has a rate of servitude in anything of
which he is the owner. Real right whether registered or Real right only when it is registered
3. It INVOLVES TWO NEIGHBORING ESTATES (in the case of real not, and whether it is real or or when the subject matter is a real
easement), the DOMINANT to which a right belongs and the SEVIENT personal property and the duration exceeds
one year.
upon which an obligation rests.
4. It is INSEPARABLE from the estate to which it is attached, and Imposed only on real property May involve either real or personal
therefore, cannot be alienated independently of the estate property
5. It is INDIVISIBLE for it is not affected by the division of the estate
There is a limited right to the use of There is a limited right to both the
between 2 or more persons
real property of another but without possession and use of another’s

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Article 614. Servitudes may also be established for the BENEFIT OF A
the right of possession property.
COMMUNITY, or OF ONE OR MORE PERSONS TO WHOM THE ENCUMBERED
ESTATE DOES NOT BELONG.

EASEMENT USUFRUCT
AS TO RECEPIENT OF BENEFIT:
Imposed only on real property May involve either real or personal
REAL PERSONAL
property
When the easement is in favor of When it is in favor of a
Limited to a particular or specific Includes all the uses (just utendi)
another immovable community or of one or more
use of the servient estate and the fruits (jus fruendi) of the
persons. Thus, may be public
property
or private
A non-possessory right over an Involves a right possession in an
AS TO ITS SOURCE
immovable immovable or movable
VOLUNTARY LEGAL / MIXED
Not extinguished by the death of As a rule: Extinguished by the death
COMPULSORY
the dominant owner of the usufructuary
When the When it is When it is reated partly by will
REAL RIGHTS, whether registered or not, are transmissible.
easement is created or or agreement and partly by
established imposed by law law
bythe will or either for
agreement of public use or in
the parties or by the interest of
a testator private persons

AS TO MANNER OF ITS EXERCISE

CONTINOUS DISCONTINUOUS

Article 615

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Discontinuous easements are those which are used at intervals and depend upon
AS TO WHETHER OR NOT ITS EXISTENCE IS INDICATED
the acts of man.
APPARENT NON-APPARENT
Apparent easements are those which are made known and are continually kept
AS TO DUTY OF SERVIENT OWNER
in view by external signs that reveal the use and enjoyment of the same.
POSITIVE NEGATIVE
Nonapparent easements are those which show no external indication of their
existence.

PERSONAL EASEMENTS

PUBLIC PRIVATE CONTINUOUS SERVITUDE DISCONTINUOUS SERVITUDE

If it is vested in the public at large If it is vested in a determinate It is not necessary that the use be
or in some class of indeterminate individual or certain persons; incessant; it is sufficient that the
individuals. use may be so

Example: The right of the public to Example: Right of way, of light, or

a highway over a land of private of suppport, vested in the owner of
ownership, or to navigate a river of one parcel of land over an adjoining
Article 616. Easements are also positive or negative.
whicht he bed belongs to some parcel of land.
private person
A positive easement is one which imposes upon the owner of the servient
estate the obligation of allowing something to be done or of doing it
Article 615. Easements may be continuous or discontinuous, apparent or
himself, and a negative easement, that which prohibits the owner of the
nonapparent.
servient estate from doing something which he could lawfully do if the
easement did not exist. (533)
Continuous easements are those the use of which is or may be incessant, without
the intervention of any act of man.

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Article 617. Easements are inseparable from the estate to which they actively Apparent—
or passively belong. (534) Non-apparent—Negative easement

Article 618. Easements are INDIVISIBLE. If the servient estate is divided between
two or more persons, the easement is not modified, and each of them must bear Article 621. In order to acquire by prescription the easements referred to in
it on the part which corresponds to him. the preceding article, the time of possession shall be computed thus: in
positive easements, from the day on which the owner of the dominant
If it is the dominant estate that is divided between two or more persons, each of estate, or the person who may have made use of the easement, commenced
them may use the easement in its entirety, without changing the place of its use, to exercise it upon the servient estate; and in negative easements, from the
or making it more burdensome in any other way. day on which the owner of the dominant estate forbade, by an instrument
acknowledged before a notary public, the owner of the servient estate, from
executing an act which would be lawful without the easement. (538a)

Article 619. Easements are established either by law or by the will of the owners. Article 622. Continuous nonapparent easements, and discontinuous ones,
The former are called legal and the latter voluntary easements. (536) whether apparent or not, may be acquired only by virtue of a title.

Only continuous and apparent title can be acquired through prescription.

SECTION 2 CONTINUOUS—10 YEARS REGARDLESS OF GF/BF OR
Modes of Acquiring Easements DOMINANT/SERVIENT OWNER.

Article 620. Continuous and apparent easements are acquired either by POSITIVE EASEMENT—10 year from the time of exercise of th right to use
virtue of a TITLE or by prescription of ten years. (537a) easement.
EASEMENT OF LIGHT AND VIEW—10 years from the time of the opening of
Title may be orally made. the window or from the opening through the part wall.
To cure a formal defect, as to the lack of the existence of the written deed,
ask the owner. IF atill not, ask the court.

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Article 623. The absence of a document or proof showing the origin of an can he exercise the easement in any other manner than that previously
easement which cannot be acquired by prescription may be cured by a deed established. (n)
of recognition by the owner of the servient estate or by a final judgment.

Article 624. The existence of an apparent sign of easement between two SECTION 3
estates, established or maintained by the owner of both, shall be considered, Rights and Obligations of the Owners of the Dominant and Servient Estates
should either of them be alienated, as a title in order that the easement may
continue actively and passively, unless, at the time the ownership of the two Article 627. The owner of the dominant estate may make, at his own
estates is divided, the contrary should be provided in the title of conveyance expense, on the servient estate any works necessary for the use and
of either of them, or the sign aforesaid should be removed before the preservation of the servitude, but without altering it or rendering it more
execution of the deed. This provision shall also apply in case of the division burdensome.
of a thing owned in common by two or more persons. (541a)
For this purpose he shall notify the owner of the servient estate, and shall
A owned a parcel of land which has 2 portions. 1st one is house with choose the most convenient time and manner so as to cause the least
windows with a house. 2nd is a warehouse. Can the new owner of the inconvenience to the owner of the servient estate. (543a)
warehouse construct a building that could obstruct the light and view of
Article 628. Should there be several dominant estates, the owners of all of
REQUISITES: them shall be obliged to contribute to the expenses referred to in the
1. Originally, the ownership of the property must not be divided. preceding article, in proportion to the benefits which each may derive from
2. While undivided, there must be an external or visible sign of an the work. Any one who does not wish to contribute may exempt himself by
easement. renouncing the easement for the benefit of the others.

Article 625. Upon the establishment of an easement, all the rights necessary If the owner of the servient estate should make use of the easement in any
for its use are considered granted. manner whatsoever, he shall also be obliged to contribute to the expenses in
the proportion stated, saving an agreement to the contrary. (544)
Article 626. The owner of the dominant estate cannot use the easement
except for the benefit of the immovable originally contemplated. Neither

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Article 629. The owner of the servient estate cannot impair, in any manner with respect to continuous easements, from the day on which an act
whatsoever, the use of the servitude. contrary to the same took place;
(3) When either or both of the estates fall into such condition that the
Nevertheless, if by reason of the place originally assigned, or of the manner easement cannot be used; but it shall revive if the subsequent condition of
established for the use of the easement, the same should become very the estates or either of them should again permit its use, unless when the
inconvenient to the owner of the servient estate, or should prevent him use becomes possible, sufficient time for prescription has elapsed, in
from making any important works, repairs or improvements thereon, it accordance with the provisions of the preceding number;
may be changed at his expense, provided he offers another place or manner
equally convenient and in such a way that no injury is caused thereby to the (4) By the expiration of the term or the fulfillment of the condition, if the
owner of the dominant estate or to those who may have a right to the use of easement is temporary or conditional;
the easement. (545)
(5) By the RENUNCIATION of the owner of the dominant estate;
Article 630. The owner of the servient estate retains the ownership of the
portion on which the easement is established, and may use the same in such (6) By the redemption agreed upon between the owners of the dominant and
a manner as not to affect the exercise of the easement. (n) servient estates. (546a)

Article 632. The form or manner of using the easement may prescribe as the
SECTION 4 easement itself, and in the same way. (547a)
Modes of Extinguishment of Easements
Article 633. If the dominant estate belongs to several persons in common,
Article 631. Easements are extinguished: the use of the easement by any one of them prevents prescription with
respect to the others. (548)
(1) By MERGER in the same person of the ownership of the dominant and
servient estates;

(2) By nonuser for ten years; with respect to discontinuous easements, this
period shall be computed from the day on which they ceased to be used; and,

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CHAPTER 2
Legal Easements
SECTION 2
Easements Relating to Waters
SECTION 1
General Provisions Article 637. Lower estates are obliged to receive the waters which naturally
and without the intervention of man descend from the higher estates, as
Article 634. Easements imposed by law have for their object either public use well as the stones or earth which they carry with them.
or the interest of private persons. (549)
The owner of the lower estate cannot construct works which will impede
Article 635. All matters concerning easements established for public or this easement; neither can the owner of the higher estate make works which
communal use shall be governed by the special laws and regulations relating will increase the burden. (552)
thereto, and, in the absence thereof, by the provisions of this Title. (550)
Article 638. The banks of rivers and streams, even in case they are of private
Article 636. Easements established by law in the interest of private persons ownership, are subject throughout their entire length and within a zone of
or for private use shall be governed by the provisions of this Title, without three meters along their margins, to the easement of public use in the
prejudice to the provisions of general or local laws and ordinances for the general interest of navigation, floatage, fishing and salvage.
general welfare.
Estates adjoining the banks of navigable or floatable rivers are,
These easements may be modified by agreement of the interested parties, furthermore, subject to the easement of towpath for the exclusive service of
whenever the law does not prohibit it or no injury is suffered by a third river navigation and floatage.
person. (551a)

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If it be necessary for such purpose to occupy lands of private ownership, the
proper indemnity shall first be paid. (553a) (1) To prove that he can dispose of the water and that it is sufficient for the
use for which it is intended;
Article 639. Whenever for the diversion or taking of water from a river or
brook, or for the use of any other continuous or discontinuous stream, it (2) To show that the proposed right of way is the most convenient and the
should be necessary to build a dam, and the person who is to construct it is least onerous to third persons;
not the owner of the banks, or lands which must support it, he may establish
the easement of abutment of a dam, after payment of the proper indemnity. (3) To indemnify the owner of the servient estate in the manner determined
(554) by the laws and regulations. (558)

Article 640. Compulsory easements for drawing water or for watering Article 644. The easement of aqueduct for private interest cannot be
animals can be imposed only for reasons of public use in favor of a town or imposed on buildings, courtyards, annexes, or outhouses, or on orchards or
village, after payment of the proper indemnity. (555) gardens already existing. (559)

Article 641. Easements for drawing water and for watering animals carry Article 645. The easement of aqueduct does not prevent the owner of the
with them the obligation of the owners of the servient estates to allow servient estate from closing or fencing it, or from building over the
passage to persons and animals to the place where such easements are to be aqueduct in such manner as not to cause the latter any damage, or render
used, and the indemnity shall include this service. (556) necessary repairs and cleanings impossible. (560)

Article 642. Any person who may wish to use upon his own estate any water Article 646. For legal purposes, the easement of aqueduct shall be
of which he can dispose shall have the right to make it flow through the considered as continuous and apparent, even though the flow of the water
intervening estates, with the obligation to indemnify their owners, as well may not be continuous, or its use depends upon the needs of the dominant
as the owners of the lower estates upon which the waters may filter or estate, or upon a schedule of alternate days or hours. (561)
descend. (557)
Article 647. One who for the purpose of irrigating or improving his estate,
Article 643. One desiring to make use of the right granted in the preceding has to construct a stop lock or sluice gate in the bed of the stream from
article is obliged: which the water is to be taken, may demand that the owners of the banks

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permit its construction, after payment of damages, including those caused
by the new easement to such owners and to the other irrigators. (562)

Article 648. The establishment, extent, form and conditions of the

servitudes of waters, to which this section refers, shall be governed by the
special laws relating thereto insofar as no provision therefor is made in this
Code. (563a)

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SECTION 3 NATURE OF EASEMENT
Easement of Right of Way 1. THEY ARE DEMANDED BY NECESSITY—To enable owners of isolated
estates to make full use of their properties which lack of access to
Article 649. The owner, or any person who by virtue of a real right may cultivate public roads has denied them.
or use any immovable, which is surrounded by other immovables pertaining to 2. THEY ARE COMPULSORY AND HENCE, LEGALLY DEMANDABLE,
other persons and without adequate outlet to a public highway, is entitled to SUBJECT TO INDEMNITY AND THE CONCURRENCE OF CERTAIN
demand a right of way through the neighboring estates, after payment of the CONDITIONS
proper indemnity. 3. NO CONTRACT OF EASEMENT IS ANNONATED IN THE TITLE OF THE
SERVIENT ESTATE NOR NOTICE OF LIS PENDENS TO ENFORCE THE
Should this easement be established in such a manner that its use may be EASEMENT RECORDED WITH THE REGISTER OF DEEDS—For it is in
continuous for all the needs of the dominant estate, establishing a permanent the nature of legal easement that the servient estate is legally bound
passage, the indemnity shall consist of the value of the land occupied and the to provide the dominant estate ingress from and egress to the public
amount of the damage caused to the servient estate. highway.
4. THE NATURE OF THE RIGHT OF WAY EASEMENT MAY BE IN THE
In case the right of way is limited to the necessary passage for the cultivation of NATURE OF A RESTRICTION OR LIMITATION ON THE PROPERTY
the estate surrounded by others and for the gathering of its crops through the RIGHTS OVER A LAND AS TO DEPRIVE THE OWNER THE NORMAL
servient estate without a permanent way, the indemnity shall consist in the USE OF HIS LAND FOR AN INDEFINITE PERIOD AS WHERE THE
payment of the damage caused by such encumbrance. RIGHT OF WAY INVOLVES TRANSMISSION LINES OF A
GOVERNMENT CORPORATION CREATED BY LAW FOR THE
This easement is not compulsory if the isolation of the immovable is due to the PRODUCTION AND TRANSMISSION OF ELECTRIC POWER, THE
proprietor's own acts. INTRODUCTION OF STRUCTURES OR OBJECTS OF WHICH NOT ONLY
ENDANGER LIFE AND LIMB BUT ALSO RESTRICT THE FREE
EASEMENT OF RIGHT OF WAY—is the right granted by law to the owner of an ENJOYMENT OF HIS PROPERTY.
estate which is surrounded by other estates belonging to other persons and 5. THE COMPULSORY (LEGAL) RIGHT OF WAY MAY BE CLAIMED IF
without an adequate outlet to a public highway to demand that he be THE EXISTENCE OF THE REQUISITES MENTIONED BELOW IS
allowed a passage way throughout such neighbouring estates after payment ESTABLISHED BY THE CLAIMANT.
of the proper indemnity.

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MODES OF ACQUISITION: rule, where the distance from the dominant estate to a public highway may
A. BY VOLUNTARY TITLE—Constitute by covenant and does not require be the shortest.
that the dominant estate be isolated and without an adequate outlet
to a public highway. Article 651. The width of the easement of right of way shall be that which is
B. BY A COMPULSORY TITLE (COMPULSORY EASEMENT)—If an estate is sufficient for the needs of the dominant estate, and may accordingly be
so isolated and without an adequate outlet to a public highway, the changed from time to time. (566a)
grant thereof is legally demandable.
REQUISITES OF THE COMPULSORY EASEMENT Article 652. Whenever a piece of land acquired by sale, exchange or
1. Isolation of the dominant estate—It is necessary that partition, is surrounded by other estates of the vendor, exchanger, or
the dominant estate is surrounded by the immovables in co-owner, he shall be obliged to grant a right of way without indemnity.
such a way that it has no adequate outlet going to a
public highway In case of a simple donation, the donor shall be indemnified by the donee for
2. Isolation of the Dominant estate must not be attributed the establishment of the right of way. (567a)
to any act of the owner of the dominant estate
3. There must be payment of proper indemnity Article 653. In the case of the preceding article, if it is the land of the grantor
4. The easement of right of ways should be established at that becomes isolated, he may demand a right of way after paying a
that point which is least prejudicial to the servient indemnity. However, the donor shall not be liable for indemnity. (n)
estate
Article 654. If the right of way is permanent, the necessary repairs shall be
WHO MAY DEMAND COMPULSORY RIGHT OF WAY made by the owner of the dominant estate. A proportionate share of the
1. Owner of the dominant estate taxes shall be reimbursed by said owner to the proprietor of the servient
2. Persons with real right to use the dominant estate estate. (n)
3. Usufructuary
Article 655. If the right of way granted to a surrounded estate ceases to be
Article 650. The easement of right of way shall be established at the point necessary because its owner has joined it to another abutting on a public
least prejudicial to the servient estate, and, insofar as consistent with this road, the owner of the servient estate may demand that the easement be
extinguished, returning what he may have received by way of indemnity.

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The interest on the indemnity shall be deemed to be in payment of rent for Whenever it is necessary to establish a compulsory easement of the right of
the use of the easement. way or for a watering place for animals, the provisions of this Section and
those of articles 640 and 641 shall be observed. In this case the width shall
The same rule shall be applied in case a new road is opened giving access to not exceed 10 meters. (570a)
the isolated estate.

In both cases, the public highway must substantially meet the needs of the SECTION 4
dominant estate in order that the easement may be extinguished. (568a) Easement of Party Wall

Article 656. If it be indispensable for the construction, repair, improvement, Article 658. The easement of party wall shall be governed by the provisions
alteration or beautification of a building, to carry materials through the of this Title, by the local ordinances and customs insofar as they do not
estate of another, or to raise therein scaffolding or other objects necessary conflict with the same, and by the rules of co-ownership. (571a)
for the work, the owner of such estate shall be obliged to permit the act,
after receiving payment of the proper indemnity for the damage caused him. Article 659. The existence of an easement of party wall is presumed, unless
(569a) there is a title, or exterior sign, or proof to the contrary:

Article 657. Easements of the right of way for the passage of livestock (1) In dividing walls of adjoining buildings up to the point of common
known as animal path, animal trail or any other, and those for watering elevation;
places, resting places and animal folds, shall be governed by the ordinances
and regulations relating thereto, and, in the absence thereof, by the usages (2) In dividing walls of gardens or yards situated in cities, towns, or in rural
and customs of the place. communities;

Without prejudice to rights legally acquired, the animal path shall not (3) In fences, walls and live hedges dividing rural lands. (572)
exceed in any case the width of 75 meters, and the animal trail that of 37
meters and 50 centimeters. Article 660. It is understood that there is an exterior sign, contrary to the
easement of party wall:

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(1) Whenever in the dividing wall of buildings there is a window or opening;
Article 661. Ditches or drains opened between two estates are also presumed
(2) Whenever the dividing wall is, on one side, straight and plumb on all its as common to both, if there is no title or sign showing the contrary.
facement, and on the other, it has similar conditions on the upper part, but
the lower part slants or projects outward; There is a sign contrary to the part-ownership whenever the earth or dirt
removed to open the ditch or to clean it is only on one side thereof, in which
(3) Whenever the entire wall is built within the boundaries of one of the case the ownership of the ditch shall belong exclusively to the owner of the
estates; land having this exterior sign in its favor. (574)

(4) Whenever the dividing wall bears the burden of the binding beams, Article 662. The cost of repairs and construction of party walls and the
floors and roof frame of one of the buildings, but not those of the others; maintenance of fences, live hedges, ditches, and drains owned in common,
shall be borne by all the owners of the lands or tenements having the party
(5) Whenever the dividing wall between courtyards, gardens, and tenements wall in their favor, in proportion to the right of each.
is constructed in such a way that the coping sheds the water upon only one
of the estates; Nevertheless, any owner may exempt himself from contributing to this
charge by renouncing his part-ownership, except when the party wall
(6) Whenever the dividing wall, being built of masonry, has stepping stones, supports a building belonging to him. (575)
which at certain intervals project from the surface on one side only, but not
on the other; Article 663. If the owner of a building, supported by a party wall desires to
demolish the building, he may also renounce his part-ownership of the
(7) Whenever lands inclosed by fences or live hedges adjoin others which are wall, but the cost of all repairs and work necessary to prevent any damage
not inclosed. which the demolition may cause to the party wall, on this occasion only,
shall be borne by him. (576)
In all these cases, the ownership of the walls, fences or hedges shall be
deemed to belong exclusively to the owner of the property or tenement Article 664. Every owner may increase the height of the party wall, doing so
which has in its favor the presumption based on any one of these signs. at his own expense and paying for any damage which may be caused by the
(573) work, even though such damage be temporary.

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The expenses of maintaining the wall in the part newly raised or deepened
at its foundation shall also be paid for by him; and, in addition, the
indemnity for the increased expenses which may be necessary for the
preservation of the party wall by reason of the greater height or depth which
has been given it.

If the party wall cannot bear the increased height, the owner desiring to
raise it shall be obliged to reconstruct it at his own expense and, if for this
purpose it be necessary to make it thicker, he shall give the space required
from his own land. (577)

Article 665. The other owners who have not contributed in giving increased
height, depth or thickness to the wall may, nevertheless, acquire the right of
part-ownership therein, by paying proportionally the value of the work at
the time of the acquisition and of the land used for its increased thickness.
(578a)

Article 666. Every part-owner of a party wall may use it in proportion to the
right he may have in the co-ownership, without interfering with the
common and respective uses by the other co-owners. (579a)

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He can also obstruct them by constructing a building on his land or by raising a

SECTION 5 wall thereon contiguous to that having such openings, unless an easement of
Easement of Light and View light has been acquired.

Article 667. No part-owner may, without the consent of the others, open Art 670 referred to in Article 669 provides the proper distances for direct and
through the party wall any window or aperture of any kind. (580) oblique views.

Article 668. The period of PRESCRPTION FOR THE ACQUISITION OF AN The owner of a wall which is not a party wall may make an opening for the
EASEMENT OF LIGHT AND VIEW shall be counted: purpose of admitting light and air, but not for view.

1. From the time of the OPENING OF THE WINDOW, if it is through a party THE RESTRICTIONS ARE THE FOLLOWING:
wall; or 1. The size must not exceed 30 meters square
2. From the time of the FORMAL PROHIBITION upon the proprietor of the 2. The opening must be at the height of the ceiling joists or immediately
adjoining land or tenement, if the window is through a wall on the under the ceiling
dominant estate. 3. There must be n ion grating imbedded in the wall
4. There must be a wire screen
Article 669. When the distances in article 670 are not observed, the owner of a
wall which is not party wall, adjoining a tenement or piece of land belonging to IF A WALL BECOMES A PARTY WALL—Part-owner can order the closure of
another, can make in it openings to admit light at the height of the ceiling joints the opening because no part-owner may make an opening through a party
or immediately under the ceiling, and of the size of thirty centimeters square, wall without the consent of the others. It can also obstruct the opening
and, in every case, with an iron grating imbedded in the wall and with a wire unless an easement of light has been acquired by prescription in which case
screen. the servient owner may not impair the easement.

Nevertheless, the owner of the tenement or property adjoining the wall in which
the openings are made can close them should he acquire part-ownership IF A HOUSE CONSISTS OF MORE THAN 1 STORY—Each story must have the
thereof, if there be no stipulation to the contrary. same openings which are provided by law for one house.

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Article 670. No windows, apertures, balconies, or other similar projections

which afford a direct view upon or towards an adjoining land or tenement SECTION 6
can be made, without leaving a distance of two meters between the wall in Drainage of Buildings
which they are made and such contiguous property.
Article 674. The OWNER OF A BUILDING shall be OBLIGED to CONSTRUCT its
Neither can side or oblique views upon or towards such conterminous ROOF OR COVERING in such manner that the RAIN WATER SHALL FALL on his
property be had, unless there be a distance of sixty centimeters. OWN LAND or on a STREET or PUBLIC PLACE, and not on the land of his
neighbor, even though the adjacent land may belong to two or more persons,
The nonobservance of these distances does not give rise to prescription. one of whom is the owner of the roof. Even if it should fall on his own land, the
(582a) OWNER SHALL BE OBLIGED TO COLLECT THE WATER in such a way as NOT TO
CAUSE DAMAGE TO THE ADJACENT LAND OR TENEMENT.
Article 671. The distance referred to in the preceding article shall be
measured in cases of direct views from the outer line of the wall when the EASEMENT OF DRAINAGE OF BUILDINGS—Right to diver t or empty the rain
openings do not project, from the outer line of the latter when they do, and waters from one’s own roof or shed to the neighbor’s estate either drop by
in cases of oblique view from the dividing line between the two properties. drop or through conduits.
(583)
● Art. 647 merely regulates the use of one’s property by imposing on
Article 672. The provisions of article 670 are not applicable to buildings him the obligation to collect its rain water so as not to cause damage
separated by a public way or alley, which is not less than three meters wide, to his neighbors, even if he be a co-owner of the latter.
subject to special regulations and local ordinances. (584a) ● It provides an exception to Art. 637 which obliges lower estate to
receive the waters with natural flow from higher estates.
Article 673. Whenever by any title a right has been acquired to have direct
views, balconies or belvederes overlooking an adjoining property, the owner
of the servient estate cannot build thereon at less than a distance of three
meters to be measured in the manner provided in article 671. Any stipulation
permitting distances less than those prescribed in article 670 is void. (585a)

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Article 675. The OWNER OF A TENEMENT or a PIECE OF LAND, SUBJECT TO 1. There must be no adequate outlet to the rain water because the yard
THE EASEMENT OF RECEIVING WATER FALLING FROM ROOFS, MAY BUILD in or court of a house is sorrounded by other houses.
such manner as TO RECEIVE THE WATER UPON HIS OWN ROOF or GIVE IT 2. The outlet of the water must be at the point where egress is easiest
ANOTHER OUTLET IN ACCORDANCE WITH THE LOCAL ORDINANCES or and establishng a conduit for drainage
CUSTOMS, and in SUCH A WAY as NOT TO CAUSE ANY NUISANCE or DAMAGE 3. There must be payment of proper indemnity
whatever to the DOMINANT ESTATE.
Art. 676 applies to things other than rain water if the conditins are present since
EASEMENT TO RECEIVE FALLING RAIN WATERS—Art 675 deals not with a the same reason for granting the easement also exists.
legal or compulsory easement but with a voluntary easement to receive rain
water falling from the roof of an adjoining building. It is an application of SECTION 7
Art. 629. Intermediate Distances and Works for Certain Constructions and Plantings

Article 676. Whenever the YARD or COURT of a HOUSE is SORROUNDED BY Article 677. NO CONSTRUCTIONS CAN BE BUILT OR PLANTINGS NEAR
OTHER HOUSES, and it is NOT POSSIBLE TO GIVE AN OUTLET through the FORTIFED PLACES OR FORTRESSES WITHUT COMPLIANCE with the conditions
HOUSE ITSELF to the RAIN WATER COLLECTED thereon, the ESTABLISHMENY required in SPECIAL LAWS, ORDINANCES, AND REGULATIONS RELATING
OF AN EASEMENT OF DRAINAGE can be DEMANDED, giving an outlet to the THERETO.
water at the point of the CONTIGOUS LANDS or TENEMENTS where its EGRESS
MAY BE EASIEST, and ESTABLISHING A CONDUIT FOR THE DRAINAGE in such COSTRUCTIONS (Ex.: wells, sewers, etc.)
manner as to CAUSE THE LEAST DAMAGE TO THE SERVIENT ESTATE, AFTER RULES:
PAYMENT OF INDEMNITY. 1. Follow distances fixed by Ordinances and Customs
2. Protctive structures prescribed by ordinances or custom must be
EASEMENT GIVING OUTLET TO RAIN WATER WHERE HPUSE IS SORROUNDED erected
BY OTHER HOUSES 3. If none, Precautions must be taken to avoid damage to meighboring
estates
Legal easement of drainage may be demanded subject to the following 4. Violation causes responsibility for damages caused.
conditions:

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Art. 677 in effect establishes an easement in favor of the state and cannot be EESTATES if TALL trees are planted and at a distance of AT LEAST 50
altered or renounced by stipulation of the parties. CENTIMETERS if SHRUBS or SMALL TREES ARE PLANTED.

Reason: National security and safety specifically to prevent intrusion into EVERY LANDOWNER shall HAVE THE RIGHT TO DEMAND that TREES hereafter
neighboring estates. PLANTED AT A SHORTER ISTANCE FROM HIS LAND or TENEMENT be
Article 678. NO PERSON SHALL BUILD ANY ACQUEDUCT, WELL, SEWER, UPROOTED.
FURNACE, FORGE CHIMNEY, STABLE, DEPOSITORY OF CORROSIVE
SUBSTANCES, MACHNERY, OR FACTORY which by reason of its nature or The provisions of this article ALSO APPLY TO TREES WHICH HAVE GROWN
products is DANGEROUS OR NOXIOUS, without observing the DISTANCES SPONTANEOUSLY.
PRESCRIBED BY THE REGULATIONS AND CUSTOMS OG THE PLACE, and
WITHOUT MAKING THE NECESSARY PROTECTIVE WORKS, subject, in regard to PLANTINGS:
the manner thereof, to the conditions prescribed by such regulations. These RULES:
prohibitions cannot be altered or renounced by stipulation on the part of the 1. Follow distances as prescribed by Ordinances
adjoining proprietors. 2. In the absence of ordinances, Customs must be observed
3. If none of the following rule shall be observed:
IN THE ABSENCE OF REGULATIONS, SUCH PRECAUTIONS SHALL BE TAKEN AS a. For large trees: at least 2m from boundary
MAY BE CONSIDERED NECESSARY, in order TO AVOID ANY DAMAGE TO THE b. For shrubs: At least 50cm from the center of the tree
NEIGHBORING LANDS or TENEMENTS.
The prohibitions in Art. 678 cannot be altered or renounced by stipulations REMEDY FOR VIOLATIONS:
because they involved considerations of public policy and general welfare; 1. Planted in violation fo the rule; or
hence, they may not be rendered nugatory or ineffective by stipulation of 2. Tree grows spontaneously at shorter distance than mentioned.
the adjoining owners.
NOTE: In case of disagreement, the court shall determine when trees are to
Article 679. NO TREES SHALL BE PLANTED NEAR A TENEMENT OR PIECE OF be classified as “tall” or “small”.
LAND BELONGING TO ANOTHER EXCEPT at the DISTANCE AUTHORIZED by the
ORDINANCES OR CUSTOMS OF THE PLACE, and, IN THE ABSENCE THEREOF, Article 680. If the BRANCHES OF ANY TREE SHOULD EXTEND OVER A
at a distance of AT LEAST 2 METERS FROM THE DIVINDING LINE OF TH NEIGHBORING ESTATE, TENEMENT, GARDEN OR YARD, the OWNER OF THE

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LATTER shall HAVE THE RIGHT TO DEMAND that THEY BE CUT OFF insofar as
THEY MAY SPREAD OVER HIS PROPERTY, and, IF IT BE THE ROOTS OF A BELONG TO THE OWNER/LESSEE/USUFRUCTUARY— they belong to the
NEIGHBORING TREE WHICH SHOULD PENETRATE INTO THE LAND OF owner of the adjacent land to compensate him for the inconvenience caused
ANOTHER, the LATTER MAY CUT THEM OFF HIMSELF WITHIN HIS by the branches of the trees extending over his land.
PROPERTY.
Note: for the adjacent owner to be entitled to the fruits, they must not only
RULES: fall upon his land but the falling must be a occur naturally. So he has no right
1. Of branches: the owner of the three may be compelled to cut to make fruits still on branches that extend into his land. If the fruits
intruding branches at the boundary. naturally fall on public property, the owner of the three retains ownership.
Note: if the demand is not acted, the owner of the invaded tenement must
seek authority from the court before cutting. MODE OF ACQUISITION: By law.

2. Of routes: the owner of the invaded tournament may cut them SECTION 8
himself at the boundary. Easement Against Nuisance

Reason: by incorporation, the intruding routes belong to the owner of the Article 682. EVERY BUILDING or PIECE OF LAND is SUBJECT to the EASEMENT
land where they are found. which PROHIBITS the PROPRIETOR or POSSESSOR from COMMITTING
NUISANCE THROUGH NOISE, JARRING, OFFENSIVE ODOR, SMOKE, HEAT,
Note: the right of the abbuting owner does not prescribe, unless he was DUST, WATER, GLARE and OTHER CAUSES.
prohibited to cut, in such case, the 10 year prescriptive period will run.
Article 683. Subject to ZONING, HEALTH, POLICE and OTHER LAWS and
Article 681. FRUITS NATURALLY FALLING upon ADJACENT LAND BELONG to REGULATIONS, FACTORIES and SHOPS may be MAINTAINED provided the
the OWNER of SAID LAND. LEAST POSSIBLE ANNOYANCE IS CAUSED to the neighborhood.

Reason: to compensate for inconvenience caused. EASEMENT IMPOSED BY LAW— The easement against nuisance and one of
Note: if the fruit fell on a public property, then the owner of the tree retains lateral and subjacent support are both taken from American law. This
ownership. easement is created by law and is inherent in every land. It is a proper

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limitation upon the ownership, as the easement of distances and light and
view. It is a manifestation of the principle that every person should so use
his property as not to cause damage or injury to others.

NEGATIVE— The proprietor or possessors prohibited to do something

which he could lawfully do were it nor for the existence of the easement.
However, a nuisance involves any act or omission which is unlawful.

THE SERVIENT OWNER IN AN EASEMENT AGAINST NUISANCE—the

proprietor or possessor of the building or piece of land, who commits the
Nuisance through noise, jarring, offensive odor, etc.

THE DOMINANT OWNER IN AN EASEMENT AGAINST NUISANCE—The general

public, or anybody injured by the nuisance,

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SECTION 9
of land and another person owns
Lateral and Subjacent Support (n)
a statum under it. It most
frequently arises from a transfer
Article 684. NO PROPRIETOR SHALL MAKE SUCH EXCAVATIONS UPON HIS
of minerals in place, the rest of
LAND as to DEPRIVE ANY ADJACENGT LAND OR BUILDING of SUFFICIENT
the land being retained, or from.
LATERAL OR SUBJACENT SUPPORT.
Transfer of a land, excepting the
minerals.
Article 685. ANY STIPULATION OR TESTAMENTRAY PROVISION ALLOWING
EXCAVATIONS that CAUSE DANGER to an ADJACENT LAND or BUILDING shall 2. An owner, by virtue of his surface right, may make an excavations on
be VOID. his land but his right is subject to the limitation in Art. 684 that he
shall not deprive any adjacent land or building of sufficient lateral or
Article 686. The LEGAL EASEMENT of LATERAL and SUBJACENT SUPPORT is subjacent support. Between adjacent landowners, each has an absolute
NOT ONLY FOR BUILDINGS STANDING AT THE TOME THE EXCAVATIONS ARE property right to have his land laterally supported by the soil of his
MADE but ALSO FOR CONSTRUCTIONS that MAY BE ERECTED. neighbor and if either in his own premises, he so disturbs the lateral
support of his neighbor’s land as to cause it, its natural state, by the
Article 687. ANY PROPRIETOR INENDING TO MAKE ANY EXCAVATION pressure of his own weifght, to fall away or slide from its postion, the
contemplated in the 3 PRECEEDING ARTICLES SHALL NOTIFY ALL OWNERS OF one so excavating is liable.
ADJACENT LANDS. 3. The notice required in Art. 687 is mandatory except where there is
1. actual knowledge of the proposed excavation. In any case, the
excavation should not deprive the adjacent land or building of
SUPPORT IS LATERAL SUPPORT IS SUBJACENT
sufficient lateral or sujacent support.
When the supported and When the supported land is 4. The adjacent landowner is entitled to injunctive relief and to damages
supprting lands are divided by above and the supporting land is for violation of the provisions.
vertical plane, on the same beneath it.
plane.
Such is the situatin when one
person owns an upper stratum

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CHAPTER 3 1. IF THE OWNER EXACTS ANY CONDITION (Like the payment of a certain
Voluntary Easements indemnity for the use of the easement)— any person who is willing to pay
ART. 688 TO 691 ARE MERELY CONSEQUENCE OF THE RIGHT GIVEN TO AN may make use of the easement.
OWNER. a. IF THE CONTENTION BE MADE THAT A CONTACT IS
NECESSARY—it may be stated that a contract exists from the
Article 688. EVERY OWNER OF A TENEMENT OR PIECE OF LAND may time all those who desire to make use of the easement are
ESTABLISH thereon the EASEMENTS which HE MAY DEEM SUITABLE, and IN disposed to make pay the required indemnity.
THE MANNER AND FORM which HE MAY DEEM BEST, PROVIDED he DOES NOT
CONTRAVENE THE LAW, PUBLIC POLICY OR PUBLIC ORDER. REMEDY FOR IMPAIRMENT—Ask for the destruction of such works and the
restoration of the things to their condition before the impairment was
VOLUNTARY EASEMENTS— Easements constituted by will of the parties or committed with indemnity for damages suffered.
of a testator.
The owner possessing capacity to encumber property may constitute a
The owner has the right to enjoy and dispose of eating without other voluntary servitude.
limitations than those established by law. The limitations on the rate of an
owner to establish voluntary easements are the laws, public policy or public IF THERE ARE VARIOUS OWNERS—ALL must consent; but consent once given
order. is not revocable.

Since easement involves an act of strict dominion, only the owner or at least WHEN THERE IS A USUFRUCT
one acting in his name and under his authority, establish a voluntary 1. Article 689. The OWNER OF A TENEMENT OR PIECE OF LAND, the
easement. However, the beneficial owner (usufructuary) may establish a USUFRUCT OF WHICH BELONGS TO ANOTHER, MAY IMPOSE
temporary easement consistent with his right to termination upon the thereon, WITHOUT THE CONSENT OF THE USUFRUCTUARY, ANY
extinguishment of the usufruct. SERVITUDES which WILL NOT INJURE THE RIGHT OF USUFRUCT.
2. When a usufruct exists, the beneficial owner may by himself create a
Voluntary Easements under article 688 or not contractual in nature; they temporary easement compatible with the extent of his beneficial
constitute the act of the owner. dominion.

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Note: if the easement is perpetual, both the naked and beneficial owners Article 691. In order to impose an EAMENT ON AN UNDIVIDED TENEMENT, or
must consent. PIECE OF LAND, the CONSENT of ALL the CO-OWNERS shall be REQUIRED.

Article 689. The OWNER OF A TENEMENT OR PIECE OF LAND, the USUFRUCT The CONSENT GIVEN BY SOME ONLY—must be held in ABEYANCE until the
OF WHICH BELONGS TO ANOTHER, MAY IMPOSE thereon, WITHOUT THE LAST ONE of all the co-owners shall have EXPRESSED his CONFORMITY.
CONSENT OF THE USUFRUCTUARY, ANY SERVITUDES which WILL NOT INJURE
THE RIGHT OF USUFRUCT. But the CONSENT GIVEN BY ONE of the co-owners separately from the others
SHALL BIND the GRANTOR and HIS SUCCESSORS NOT TO PREVENT THE
WHERE PROPERTY HELD IN USUFRUCT—The owner of property in usufruct EXERCISE OF THE RIGHT GRANTED.
may create easements thereon without the consent of the usufructuary
provided the rights of the latter are not impaired. Art. 689 follows the rules 1. UNANIMOUS CONSENT OF ALL CO-OWNERS REQUIRED— because it
laid down in 581 and 595. involves an act of alteration and not merely and alienation of an ideal
share of a co-owner. The consent may be given separately or
Article 690. WHENEVER the NAKED OWNERSHIP of a TENEMENT or PIECE of successively.
LAND BELONGS TO ONE PERSON and the BENEFICIAL OWNERSHIP TO 2. WHERE CONSENT GIVEN BY SOME ONLY— The easement must await
ANOTHER, NO PERPETUAL VOLUNTARY EASEMENT MAY BE ESTABLISHED the consent of the last one of all the co–owners. Once consent is
thereon WITHOUT the CONSENT of BOTH OWNERS. given the same is binding upon him and his successors unless his
consent was vitiated by fraud, mistake, etc. This means that after the
An owner of a tenement or piece of land may establish thereon easements consent of the last of all the co–owners has been secured, it is not
which he may deem suitable. Similarly Usufructuary may impose on the necessary for him to give again his consent. He cannot prevent the
estate held in use from a temporary easements. exercise of the easement granted.

Where the naked ownership and the beneficial ownership of the estate Article 692. The TITLE and, in a proper case, the POSSESSION of an EASEMENT
belong to DIFFERENT PERSONS and the EASEMENT IS PERPETUAL, the ACQUIRED by PRESCRIPTION shall DETERMINE the RIGHTS of the DOMINANT
CONSENT of BOTH the NAKED OWNER and the BENEFICIAL OWNER is ESTATE and the OBLIGATIONS of the SERVIENT ESTATE.
REQUIRED.

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In DEFAULT thereof, the EASEMENT shall be GOVERNED by such provisions of 2. Expiration of the term or fulfillment of the resolutory condition.
THIS TITLE as are applicable thereto. 3. Merger of the ownership of the dominant and servient estates.
MERGER—exists when ownership of the dominant and servient
RULES GOVERNING VOLUNTARY EASEMENTS estates is consolidated in the same person. Merger then, as can be
1. IF CREATED BY TITLE (such as contract or will)—then by such title. seen, requires full ownership of both estates.
2. IF CREATED BY PRESCRIPTION—by the form and manner of 4. Annulment of the title to the servitude.
possession of the easement 5. Permanent impossibility to use the easement;
3. IN DEFAULT OF ANY OF THE ABOVE—by the provisions of the Civil MERE IMPOSSIBILITY TO be USE THE EASEMENT—merely suspends
code on easements. the same.
TO BE PERMANENT—the causes of the impossibility of the use must
Article 693. If the OWNER of the SERVIENT ESTATE should have BOUND be irreparable. If they are repairable, the easement may still be
HIMSELF, UPON the ESTABLISHMENT of the EASEMENT, to BEAR the COST of extinguished if the 10-year period by non-user has already lapsed..
the WORK REQUIRED FOR THE USE AND PRESERVATION THEREOF, HE MAY 6. NON-USE FOR 10 years
FREE HIMSELF from this obligation BY RENOUNCING HIS PROPERTY TO THE RECKONING PERIOD:
OWNER OF THE DOMINANT ESTATE. a. DISCONTINUOUS EASEMENT— counted from the day the
easement ceased to be used.
ABANDONMENT OF PROPERTY—If a upon the establishment of voluntary b. CONTINUOUS EASEMENT— counted from the day an act
easement, the servient owner binds himself to bear the cost of use and adverse to the exercise of easement took place.
preservation, he may free himself therefrom by renunciation of his 7. BAD CONDITION— when either or both estates fall into such condition
property. The abandonment must appear in a public document for convenience that that the easement could not be used.
only. Note: this merely suspends since possibility of use revives the
easement.
EXTINGUISHMENT OF EASEMENTS 8. Resolution of the Right to create the servitude. (In case of pacto de retro
MODES OF EXTINGUISHMENT OF EASEMENTS IN GENERAL: in case the property is redeemed)
1. Redemption agreed upon between the owners of the dominant and 9. Expropriation of the servient estate
servient estates. 10. Waiver or renunciation of the dominant owner (express, clear and
Note: Pertains to voluntary redemption. specific)

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11. OTHER CAUSES Note: The opening extinguishes only compulsory easements that are
a. Registration of the servient estate is free extinguished only by mutual agreement or renunciation by the dominant
b. In the case of the legal easement of right of way, the opening of owner
an adequate outlet to the highway extinguishes the easement,
if the servient owner makes a demand for such 2. The servient owner must demand for release of his estate coupled
extinguishment. with the return of indemnity received without interest
Note: The extinction is not automatic. There must be a demand for
extinction coupled with tender of indemnity by the servient owner.

The easement of right way is discontinuous because it is exercise only if a

person passes or sets foot on somebody else’s land. The presence of more or
EXTINGUISHMENT OF LEGAL EASEMENTS less permanent railroads tracks does moy change this. It is not the presence
Special rules on the extinguishment of the easement of right of way. of apparent signs or physical indication showing the existence of an
easement, but rather the manner of exercise thereof, that categorizes such
SPECIAL CAUSES OF DISTINCTION into continuous or discontinuous.
1. Opening of a public road
2. Joining the dominant tenement to another with exit on a public road EXTINGUIHMENT OF VOLUNTARY EASEMENTS
GROUND: Only by mutual agreement
In both cases, the new outlet must be adequate.

REQUISITES FOR THE EXTINGUISHMENT OF THE EASEMENT OF A RIGHT

OF WAY
1. The new outlet is adequate in both cases:
a. Joining the dominant estate to another lead exit on a public
road
b. The opening of a public road.

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TITLE VIII
care or diligence to others, regardless of the degree
NUISANCE (n) of care or skill exercised to avoid
injury
Article 694. A NUISANCE is ANY ACT, OMISSION, ESTABLISHMENT, BUSINESS,
CONDITION OF PROPERTY, or ANYTHING ELSE which: AS TO THE CONDITION OF THE ACT

Act complained of is already done There is continuing harm being

1. INJURES or ENDANGERS the HEALTH or SAFETY of OTHERS; or which caused injury to the plaintiff. sufferef by the aggrieved party by
2. ANNOYS or OFFENDS the SENSES; or the maintenance of the act or thig
NOTE: the determining factor is not the intensity or volume. It is that the which constitutes the nuisance.
noise is of such character as to produce actual physical discomfort and
AS TO ABATEMENT
annoyance of ordinary rendering adjacent property less comfortable and
valuable Abatement is not available as a Abatement without judicial
3. SHOCKS, DEFIES or DISREGARDS DECENCY or MORALITY; or remedy. The action is for damages proceedings is allowed to suppress
4. OBSTRUCTS or INTERFERES with the FREE PASSAGE of ANY PUBLIC the nuisance.
HIGHWAY or STREET, or ANY BODY of WATER; or
5. HINDERS or IMPAIRS the USE of PROPERTY. Where the acts or omissions constituting negligence are the identical acts which,
it is asserted, give rise to a cause of action for nuisance, the rules applicable to
Note: Operates as a restriction upon the right of the owner of the property to negligence will be applied.
make such use of it as he pleases. But if the hindrance is just, authorized and
necessary, it is not nuisance.
NUISANCE TRESPASS

Consists of a use of one’s own Direct infringement of another’s

property in such a manner as to right of property
NEGLIGENCE NUISANCE cause injury to the property or other
right or interest of another and
AS TO BASIS
generally results from the
Liability is based ob lack of proper Liability is based on resulting injury commission of an act beyond the

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private in character in that it produces special injury to private rights to
limits of the property affected.
any extent beyond the injury to the public.
Injury is consequential Injury is direct and immediate a. House abuttin on a street railway track
b. Raising and breeding animals for commercial purposes in a
Article 695. NUISANCE is either PUBLIC or PRIVATE. vicinity that is fast becoming fashionable residential district
A PUBLIC NUISANCE—affects a community or neighborhood or any and where it is shown that the animals are kept are found to be
considerable number of persons, although the extent of the annoyance, danger unsanitary on account of the offensive odors, pernicious
or damage upon individuals may be unequal. health, coming from manure scattered therein, stagnant
A PRIVATE NUISANCE—is one that is not included in the foregoing definition. water, etc. constitutes both public and private nuisance.
c. Keeping or storage of gasoline may constitute a nuisance
CLASSES OF NUISANCE:
1. PUBLIC NUISANCE—Doing or the failure to do something that NUISANCE PER SE NUISANCE PER ACCIDENS
injuriously affects safety, health, or morals of the public, or works
some substantial annoyance, inconvenience, or injury to the public. Always a nuisance, under any and Not always a nuisance and depends
all conditions. only on the situation
(Indictable)
2. PRIVATE NUISANCE—One which violates only private rights and AS TO PROOF
produces damage to but one or a few persons, and cannot be said to
be public. Exists where one is injured in relation to a right which h The thing becomes a nuisance as a The thing becomes a nuisance as a
matter of law question of fact
enjoys bu reason of his ownership of an interest in land, and where an
individual wrong arising from an unreasonable unwarrantable r AS TO ABATEMENT
unlawful use of one’s property produces duc material, annoyance,
inconvenience, discomfort or hurt that the law will presume a May be subjected to summarily Cannot be summarily abated. A
consequent damage. (Actionable either for their abatement or for abatement reasonable notice to the person
allegedly maintaining the same is
damages)
required.
3. MIXED—Nuisance may be both public and private in character as it
violates public rights to the injury of many persons and it may also be AS TO INJURY CAUSED

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Abatement of nuisance and recovery of damages are distinct remedies. They are
Injury in some form is certain to be Injury is contingent until it actually
inflicted occurs. concurrent and not exclusive. The owner of property abated as a nuisance is not
entitled to compensation unless he can show that the abatement is unjustified.

DOCTRINE OF ATTRACTIVE NUISANCE—One who maintains on his premises

Article 698. Lapse of time cannot legalize any nuisance, whether public or
dangerous instrumentalities of a character likely to attract children in play
private.
and who fails to exercise ordinary care to prevent children from playing
therewith or resorting thereto is liable to a child of tender years who is
Article 699. The remedies against a public nuisance are:
injured thereby, even ig the child is technically a trespasser in the premises.

1. A prosecution under the Penal Code or any local ordinance: or

It is generally not applicable to bodies of water, artificial as well as natural
2. A civil action; or
in the absence of some unusual condition or artificial feature other than
3. Abatement, without judicial proceedings.
mere water and its location.

Article 700. The district health officer shall take care that one or all of the
Article 696. EVERY SUCCESSIVE OWNER or POSSESSOR OF PROPERTY who
remedies against a public nuisance are availed of.
FAILS or REFUSES to ABATE a NUISANCE in that PROPERTY started by a former
owner or possessor is liable therefor in the same manner as the one who created
Article 701. If a civil action is brought by reason of the maintenance of a
it.
public nuisance, such action shall be commenced by the city or municipal
mayor.
Since the injurious effect if a nuisance is a continuing one, every successive
owner or possessor of property constituting a nuisance, who fails or refuses to
Article 702. The district health officer shall determine whether or not
abate the nuisance, or maintains or permits its continuation has the same
abatement, without judicial proceedings, is the best remedy against a public
liability as the original owner or possessor who created it.
nuisance.

Article 697. The ABATEMENT of a NUISANCE does NOT PRECLUDE the RIGHT of
Article 703. A private person may file an action on account of a public
ANY PERSON INJURED to RECOVER DAMAGES for its PAST EXISTENCE.
nuisance, if it is specially injurious to himself.

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Article 704. Any private person may abate a public nuisance which is Article 707. A private person or a public official extrajudicially abating a
specially injurious to him by removing, or if necessary, by destroying the nuisance shall be liable for damages:
thing which constitutes the same, without committing a breach of the
peace, or doing unnecessary injury. But it is necessary: (1) If he causes unnecessary injury; or

(1) That demand be first made upon the owner or possessor of the property (2) If an alleged nuisance is later declared by the courts to be not a real
to abate the nuisance; nuisance.

(2) That such demand has been rejected;

TITLE IX
(3) That the abatement be approved by the district health officer and REGISTRY OF PROPERTY
executed with the assistance of the local police; and
Article 708. The Registry of Property has for its object the inscription or
(4) That the value of the destruction does not exceed three thousand pesos. annotation of acts and contracts relating to the ownership and other rights
over immovable property. (605)
Article 705. The remedies against a private nuisance are:
Article 709. The titles of ownership, or of other rights over immovable
(1) A civil action; or property, which are not duly inscribed or annotated in the Registry of
Property shall not prejudice third persons. (606)
(2) Abatement, without judicial proceedings.
Article 710. The books in the Registry of Property shall be public for those
Article 706. Any person injured by a private nuisance may abate it by who have a known interest in ascertaining the status of the immovables or
removing, or if necessary, by destroying the thing which constitutes the real rights annotated or inscribed therein. (607)
nuisance, without committing a breach of the peace or doing unnecessary
injury. However, it is indispensable that the procedure for extrajudicial Article 711. For determining what titles are subject to inscription or
abatement of a public nuisance by a private person be followed. annotation, as well as the form, effects, and cancellation of inscriptions and
annotations, the manner of keeping the books in the Registry, and the value

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of the entries contained in said books, the provisions of the Mortgage Law,
the Land Registration Act, and other special laws shall govern. (608a) Article 715. The right to hunt and to fish is regulated by special laws. (611)

Article 716. The owner of a swarm of bees shall have a right to pursue them
BOOK III to another's land, indemnifying the possessor of the latter for the damage.
DIFFERENT MODES OF ACQUIRING OWNERSHIP If the owner has not pursued the swarm, or ceases to do so within two
consecutive days, the possessor of the land may occupy or retain the same.
Preliminary Provision The owner of domesticated animals may also claim them within twenty days
to be counted from their occupation by another person. This period having
Article 712. Ownership is acquired by occupation and by intellectual creation. expired, they shall pertain to him who has caught and kept them. (612a)

Ownership and other real rights over property are acquired and transmitted Article 717. Pigeons and fish which from their respective breeding places
by law, by donation, by testate and intestate succession, and in consequence pass to another pertaining to a different owner shall belong to the latter,
of certain contracts, by tradition. provided they have not been enticed by some article or fraud. (613a)

They may also be acquired by means of prescription. (609a) Article 718. He who by chance discovers hidden treasure in another's
property shall have the right granted him in article 438 of this Code. (614)

TITLE I Article 719. Whoever finds a movable, which is not treasure, must return it
Occupation to its previous possessor. If the latter is unknown, the finder shall
immediately deposit it with the mayor of the city or municipality where the
Article 713. Things appropriable by nature which are without an owner, such finding has taken place.
as animals that are the object of hunting and fishing, hidden treasure and
abandoned movables, are acquired by occupation. (610) The finding shall be publicly announced by the mayor for two consecutive
weeks in the way he deems best.
Article 714. The ownership of a piece of land cannot be acquired by
occupation. (n)

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If the movable cannot be kept without deterioration, or without expenses
which considerably diminish its value, it shall be sold at public auction eight
days after the publication.

Six months from the publication having elapsed without the owner having
appeared, the thing found, or its value, shall be awarded to the finder. The
finder and the owner shall be obliged, as the case may be, to reimburse the
expenses. (615a)

Article 720. If the owner should appear in time, he shall be obliged to pay, as
a reward to the finder, one-tenth of the sum or of the price of the thing
found. (616a)

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TITLE III
DONATION NOTE: In certain donations, the form prescribed by law must be
followed

CHAPTER 1 ESSENTIALS/ FEATURES OF A TRUE DONATION (INTR VIVOS)

Nature of Donations 1. Alienation of property by the donor during his lifetime, which is
accepted
Article 725. DONATION—is an act of LIBERALITY whereby a PERSON DISPOSES 2. Irrevocability (except for legal causes)
GRATUITOUSLY of a thing or right IN FAVOR OF ANOTHER, who ACCEPTS it. 3. Animus Donandi
4. Resultant decrease in the assets or patrimony of the donor
AS A MODE OF ACQUIRING OWNERSHIP—Donation results in an effective
transfer of title over the property from the donor to the donee and is Article 726. When a person gives to another a thing or right on account of the
perfecred from the moment the donor is made aware of the acceptance by latter's merits or of the services rendered by him to the donor, provided they do
the donee, provided that the donee is not disqualified or prohibited by law not constitute a demandable debt, or when the gift imposes upon the donee a
from accepting the donation. burden which is less than the value of the thing given, there is also a donation.

REQUISITES: CLASSIFICATION:
1. Donor must have the Capacity to make the donation at the time of the 1. AS TO THE EFFECTIVITY:
perfection of the contract a. INTER VIVOS—Which takes effect during the lifetime of the
donor
NOTE: Donation is valid even if the person has schizophrenia. A b. MORTIS CAUSA—Which takes effect upon the death of the
person suffering from cvh sickness is presumed capable of attending donor
to his property rights. There is no total loss of control of his mental c. PROPTER NUPTIAS—Made by reason of marriage and before its
facilities celebration, in consideration of the same and in favor of one or
2. He must have donative Intent (animus donandi) both of the future spouses.
3. There must be Delivery amd 2. AS TO PERFECTION/ EXTINGUISHMENT
4. Donee must Accept or consent to the donation.

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a. PURE—Not subject to any condition (uncertain event) or period
(term)
b. CONDITIONAL—Subject to condition suspensive or resolutory
c. WITH A TERM—Which is subject to a period, resolutory or Article 728. DONATIONS which are to TAKE EFFECT UPON THE DEATH OF THE
suspensive. DONOR partake of the nature of TESTAMENTARY PROVISIONS, and shall be
3. AS TO CONSIDERATION GOVERNED by the rules established in the Title on SUCCESSION.
a. SIMPLE—The cause of which is the pure liberality of the donor
in consideration of the donee’s merits Article 729. When the donor intends that the donation shall take effect during
b. REMUNATORY OR COMPENSATORY—That which is given out of the lifetime of the donor, though the property shall not be delivered till after the
gratitude on account of the services rendered by the donee to donor's death, this shall be a DONATION INTER VIVOS. The fruits of the property
the donor, provided they do not constitute a demandable debt from the time of the acceptance of the donation, shall pertain to the donee,
c. MODAL OR CONDITIONAL—Imposes upon the donee a burden unless the donor provides otherwise.
which is less than the value of the thing donated.
d. ONEROUS—Imposes upon the donee a reciprocal obligation or
DONATION INTER VIVOS DONATION MORTIS CAUSA
to be more precise, this is a kind of donation made for a
valuable consideration, the cost of which is equal to or more than AS TO THE TIME OF TAKING EFFECT
the thing donated.
Takes effect independently of the donor’s Takes effect only upon the
death,even if the actual execution may be death of the donor, so that
Article 727. ILLEGAL or IMPOSSIBLE CONDITIONS in SIMPLE AND deferred until said death. nothing is conveyed to or
REMUNERATORY donations shall be considered as NOT IMPOSED. acquired by the
donee—until said death.
ILLEGAL CONDITIONS—Contrary to law, morals, good customs, public order
AS TO THE INTENTION OF MAKING DONATION
or public policy
Made out of donor’s pure generosity MAde in contemplation of
IMPOSSIBLE CONDITIONS—In the nature of things, cannot exist or cannot be his death without the
done. intention to lose the thing
or its free disposal in case

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of survival
ART. 749. IMMOVABLE—must be made in a
AS TO THE TIME THE TITLE IS CONVEYED
PUBLIC DOCUMENT, SPECIFYING therein:
Title conveyed to the donee before the Title conveyed upon 1. the PROPERTY DONATED and
donor’s death donor’s death 2. the VALUE OF THE CHARGES WHICH
THE DONEE MUST SATISFY.
AS TO ITS VALIDITY

Valid if do not survives donee Void if do not survives ACCEPTANCE MAY BE MADE
donee 1. In the same deed of donation
2. In a separate public document
AS TO ITS REVOCABILITY
It shall NOT TAKE EFFECT unless it is done
GENERAL RULE: Irrevocable during donor’s Always revocable at any during the lifetime of the donor.
lifetime time and for any reason
EXCEPTION: For grounds provided by law. before the donor’s death. If the ACCEPTANCE is made in a separate
instrument—
AS TO ITS LEGAL FORMALITIES
1. Donation must be in a public document
ART. 748. MOVABLE—ORALLY or in WRITING. Must comply with the legal or instrument
1. An ORAL DONATION requires: formalities required by law 2. Instrument must specify the property
a. SIMULTANEOUS DELIVERY of for the execution of wills donated and the charges, if any, which
the thing or of the document the donee must satisfy
representing the right donated. 3. The acceptance by the donee must be in
2. IF THE VALUE OF THE PERSONAL a public public document
PROPERTY DONATED EXCEEDS 4. It must be done during the lifetime of
5K—Donation and the acceptance the donor
shall be MADE IN WRITING. Otherwise,
AS TO THE DATE OF ITS ACCEPTANCE
the donation shall be VOID.

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RESOLUTORY CONDITION—The extinguishment or loss of rights already
Must be accepted by the donee during his Can only be accepted after
the donor’s death acquired by the donee shall depend upon the fulfillment of the condition.
lifetime

AS TO ITS TAX IMPLICATION EFFECT OF FULFILLMENT OF CONDITION—A donation subject to a resolutory

condition takes effect immediately but shall become inefficacious upon the
Subject to donor’s tax Subject to estate tax happening of the event which constitutes the condition.

In case of doubt, the conveyance should be deemed donation inter vivos rather Article 732. Donations which are to take effect INTER VIVOS shall be governed by
than mortis causa in order to avoid uncertainty as to the ownership of the the GENERAL PROVISIONS on CONTRACTS AND OBLIGATIONS in all that is not
property subject of the deed. determined in this Title.

A donation mortis causa not cast in the form of a last will and testament as Article 733. Donations WITH AN ONEROUS CAUSE shall be GOVERNED BY THE
required in Art. 728 is void. RULES ON CONTRACTS AND REMUNERATORY DONATIONS by the provisions of
the present Title as regards that portion which exceeds the value of the burden
Article 730. The fixing of an event or the imposition of a SUSPENSIVE imposed.
CONDITION, which may take place beyond the natural expectation of life of the
donor, does not destroy the nature of the act as a DONATION INTER VIVOS, ARTICLE 733 MAKES THE RULES OF CONTRACT DIRECTLY APPLICABLE TO
unless a contrary intention appears. ONEROUS DONATIONS AND TO REMUNERATORY DONATIONS AS TO THE
ONEROUS PORTION THEREOF.
CONDITION— is an uncertain event which may or may not happen.
SUSPENSIVE CONDITION—acquisition of rights shall depend upon the ONEROUS DONATIONS—Donations for a valuable consideration.
happening of the event which constitutes the condition. REMUNERATORY DONATIONS—True or simple donations because the
consideration is really the liberty of the donor since the services rendered by
Article 731. When a person donates something, subject to the RESOLUTORY the onee do not constitute a recoverable debt.
CONDITION of the DONOR’S SURVIVAL, there is a DONATION INTER VIVOS
Article 734. The DONATION is PERFECTED from the moment the DONOR
KNOWS of the ACCEPTANCE BY THE DONEE

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donation involves immovable property, noted in both the deed of donation
THERE IS NO DONATION WITHOUT ACCEPTANCE BY THE DONEE.— and the separate instrument embodying the acceptance
Acceptance is indispensable because nobody is obliged to receive a benefit
against his will. The absence of acceptance makes the donation NULL and Why is it important to know the perfection of a donation?
VOID. 1. To know whether the donation is still revocable
2. Because it is the time when to consider the capacity of the donor and
PERFECTION—Takes place not from the time of acceptance by the donee donee.
but from the time it is made known, actually or constructively to the donor.

GENERAL RULE: Once donation is accepted, and the donor knows of the
acceptance, it is generally considered irrevocable, and the donee becomes
owner of the property
EXCEPTIONS:
1. On account of officiousness
2. Failure of the donee to comply with the charge imposed on the
donation
3. Ingratitude

ACCEPTANCE MADE IN THE SAME INSTRUMENT—If the donation and

acceptance are in the same public instrument, signed by both donor and
donee in the presence of witness, the donation is deemed already perfected
inasmuch as knowledge of the acceptance is established by the instrument
itself

ACCEPTANCE MADE IN A SEPARATE DOCUMENT—Where the acceptance by

the donee was made in a separate instrument, there must be proof that a
formal notice of such acceptance was received by the donor, and in case the

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CHAPTER 2
Persons Who May Give or Receive a Donation Article 738. ALL THOSE who are NOT specially DISQUALIFIED BY LAW therefor
MAY ACCEPT DONATIONS.
Article 735. ALL PERSONS who may CONTRACT and DISPOSE of their property
may make a donation. DONATION PROHIBITED BY LAW: (SAW-GROUP-PIC)
1. Made by persons guilty of Adultery or concubinage at the time of
Article 736. GUARDIANS and TRUSTEES CANNOT DONATE the PROPERTY donation
ENTRUSTED to them. 2. Made between persons found guilty of the same Criminal offense in
consideration thereof
Trustees have only the legal but not the equitable or beneficial title to the 3. Made to a public Officer or his/her spouse, descendants or ascendants
property held in trust. in consideration of his/her office
4. Made to the Priest who heard the confession of the donor during the
EXCEPTION: With respect to the trustee, donation is permitted latter’s last illness, or the minister of the gospel who extended
notwithstanding that the trustee receives nothing in exchange directly, if spiritual aid to him during the same period
the donation is onerous and is beneficial to the beneficiary. 5. Made to the Relatives of such priest, etc. within the 4th civil degree or
to the church to which such priest belongs
Article 737. The DONOR’S CAPACITY shall be DETERMINED as of TIME OF THE 6. Made by a ward to the Guardian before the approval of accounts
MAKING OF THE DONATION. 7. Made to an attesting Witness to the execution of donation, if there is
any or to the spouse, parents or children or anyone claiming under
Donor’s capacity must exist at the time of making the donation and not them
from the time of knowledge by the donor of the acceptance—PERFECTION 8. Made to a Physician, surgeon, nurse, health officer or druggist who
OF THE ACT. took care of the donor during his/her last illness
9. Made by Individuals, associations or corporations not permitted by
The subsequent incapacity of the donor does not affect the validity of the law to make donations
donation, similar to the rule in succession. 10. Made by Spouses to each other during the marriage or to persons of
whom the other spouse is a presumptive heir

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11. Donations vod by reason of Unworthiness of donee under Art. 740 in (6) Any person who by fraud, violence, intimidation, or undue
re Art. 1032. However, if the donor had knowledge or subsequently influence should cause the testator to make a will or to change one
knew of the act of unworthiness of donee and condoned the same in already made;
writing the donation is valid.
Article 1032. The following are incapable of succeeding by reason (7) Any person who by the same means prevents another from
of unworthiness: making a will, or from revoking one already made, or who supplants,
conceals, or alters the latter's will;
(1) Parents who have abandoned their children or induced their
daughters to lead a corrupt or immoral life, or attempted against (8) Any person who falsifies or forges a supposed will of the decedent.
their virtue; (756, 673, 674a

(2) Any person who has been convicted of an attempt against the Article 739. The following donations shall be VOID:
life of the testator, his or her spouse, descendants, or ascendants;
1. Those MADE BETWEEN PERSONS who were GUILTY OF ADULTERY of or
(3) Any person who has accused the testator of a crime for which CONCUBINAGE AT THE TIME OF THE DONATION
the law prescribes imprisonment for six years or more, if the 2. Those made between persons found GUILTY OF THE SAME CRIMINAL
accusation has been found groundless; OFFENSE, in consideration thereof;
3. Those MADE TO A PUBLIC OFFICER OR HIS WIFE, DESCENDANTS and
(4) Any heir of full age who, having knowledge of the violent ASCENDANTS, by REASON OF HIS OFFICE.
death of the testator, should fail to report it to an officer of the law
within a month, unless the authorities have already taken action; Article 739 is based on. Considerations of morality and public policy. It
this prohibition shall not apply to cases wherein, according to declares null and void ab initio, not merely voidable or revocable, the
law, there is no obligation to make an accusation; donations referred to.

(5) Any person convicted of adultery or concubinage with the spouse 1. DONATIONS BETWEEN PERSONS GUILTY OF ADULTERY OR
of the testator; CONCUBINAGE— the action for declaration of nullity may be brought
by the spouse of the donor or donee; and the guilt of the donor and

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donee may be proved by preponderance of evidence in the same 2. Made to the Relatives of such priest, etc. within the 4th civil degree or
action. to the church to which such priest belongs
3. Made by a ward to the Guardian before the approval of accounts
THE DONATION IS VOID—whether made before or after the illicit relations, 4. Made to an attesting Witness to the execution of donation, if there is
if given in consideration thereof, either as inducement or compensation. any or to the spouse, parents or children or anyone claiming under
them
2. DONATIONS BETWEEN PERSONS FOUND GUILTY OF THE SAME 5. Made to a Physician, surgeon, nurse, health officer or druggist who
CRIMINAL OFFENSE—This rule presupposes prior criminal conviction took care of the donor during his/her last illness
in a criminal action. Hence, proof of guilt by mere preponderance of 6. Made by Individuals, associations or corporations not permitted by
evidence is not sufficient. It applies particularly to co-principals and law to make donations
to principals and accomplices or accessories of the same crime.
3. DONATIONS MADE TO A PUBLIC OFFICER, ETC. BY REASON OF HIS
OFFICE.—The guilt need not be established by proof of beyond
reasonable doubt in a criminal proceedin for bribery. A civil action to
declare the donation void may be maintained by the proper party in Article 741. MINORS and OTHERS who CANNOT ENTER INTO A CONTRACT
interest. When the public officer is a married woman, the prohibition MAY BECOME DONEES but ACCEPTANCE shall be DONE through their PARENTS
applies to the husband. or LEGAL REPRESENTATIVES.
If the reason requiring acceptance through the parents or legal
Article 740. INCAPACITY TO SUCCEED BY WILL shall be APPLICABLE TO representative is the lack of capacity of the donee to give consent, it is clear
DONATIONS INTER VIVOS. that the donee may not validly accept a donation although it imposes no
They are also applicable to donations of mortis causa, which are governed burden.
by the law on succession.
When a formal or written acceptance is required by the donnor, such
THE FOLLOWING ARE INCAPABLE OF BECOMING DONEES: acceptance must be made by the parents or legal representative.
1. Made to the Priest who heard the confession of the donor during the
latter’s last illness, or the minister of the gospel who extended
spiritual aid to him during the same period

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Article 742. DONATIONS MADE TO CONCEIVED AND UNBORN CHILDREN MAY Article 1544. If the SAME THING should have been DONATED to DIFFERENT
BE ACCEPTED BY those PERSONS who would LEGALLY REPRESENT THEM IF DONEES, the OWNERSHIP shall be transferred to:
THEY WERE ALREADY BORN.
CONCEIVED AND UNBORN CHILD—cannot accept donation because it is not ● MOVABLE—The person who may have first taken possession thereof in
yet a natural person; good faith
● IMMOVABLE—The ownership shall belong to the person acquiring it
Conceived child is considered born for all purposes that are favorable to it who in good faith first recorded it in the Registry of Property.
and is considered born if it is alive at the time it it was completely delivered ● NO INSCRIPTION—The ownership shall pertain to the person who in
from the mother’s womb, good faith was first in the possession; and,
IF A FETUS HAD AN INTRAUTERINE LIFE FOR LESS THAN 7 MONTHS— ● IN THE ABSENCE THEREOF—to the person who presents the oldest title,
Deemed born if it lives at least 24 hours after its complete delivery from the provided there is good faith.
maternal womb.

ART. 742 APPLES TO BOTH ONEROUS AND SIMPLE CONATIOMS.

Article 743. Donations made to INCAPACITATD PERSONS shall be VOID, though Article 745. The donee must accept the donation personally, or through an
SIMULATED under the GUISE OF ANOTHER CONTRACT or THROUGH a PERSON authorized person with a special power for the purpose, or with a general and
WHO IS INTERPOSED. sufficient power; otherwise, the donation shall be VOID.

INCAPACITATED PERSONS—Persons specially disqualified by law to become 1. It may be accepted by the dinee himself or through his authorized
donees such as those referred to in Art. 739 and 740. agent
2. If the acceptance is to be made through an agent, the latter must have
Article 744. DONATIONS of the SAME THING to TWO OR MORE DIFFERENT a special power for the purpose or a general power with sufficient
DONEE shall be GOVERNED by the provisions concerning the SALE of the SAME power to accept.
THING TO TWO OR MORE DIFFERENT PERSONS. 3. Donation cannot be made in favor of an entity yet inexistent at the
time it is made.

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Article 748. The donation of a MOVABLE may be made orally or in writing.
Article 746. Acceptance must be made during the LIFETIME of the DONOR AND
of the DONEE. An oral donation requires the simultaneous delivery of the thing or of the
document representing the right donated.
DONATION INTER VIVOS— takes effect during the lifetime of the donor and
he donee; and to take effect, it must be accepted by the donee. Hence, If the value of the personal property donated exceeds five thousand pesos, the
acceptance must be made by the donee either personally or through another donation and the acceptance shall be made in writing. Otherwise, the donation
during his lifetime and that of the donor. shall be void.

DONATIONS MORTIS CAUSA—accepted only after the donor's death because

IF THE VALUE EXCEEDS 5K IF THE VALUE OF THE PROPERTY IS
they partake of a will, and are governed by the rules on succession. 5K OR LESS

Donation and the acceptance must It may be made orally or in writing.

always be made in writing;
otherwise the donation is void, not IF MADE ORALLY—There must be
merely voidable, even if there is simultaneous delivery of the thing
or of the document representing the
Article 747. Persons who accept donations in representation of others who may simultaneous delivery of the thing.
right donated; otherwise the
not do so by themselves, shall be obliged to make the notification and notation donation is void.
of which article 749 speaks. The donation and acceptance need IF MADE IN WRITING—Donation is
not be made in a public instrument; valid although there is no
nor is it necessary that the simultaneous delivery.
ARTICLE 747 APPLIES WHEN THE FOLLOWING REQUISITES ARE PRESENT:
acceptance be made in the same
1. Acceptance is made through the parents, legal representative, or deed of donation.
authorized agent of the donee
2. The property donated is immovable
Article 749. In order that the donation of an IMMOVABLE may be valid, it must
3. Acceptance is not made in the same deed of donation but in a separate
be made in a PUBLIC DOCUMENT, SPECIFYING therein the PROPERTY
public instrument

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DONATED and the VALUE OF THE CHARGES WHICH THE DONEE MUST
3. IF THE VALUE OF THE PERSONAL
SATISFY.
PROPERTY DONATED EXCEEDS
5K—Donation and the acceptance shall be
The ACCEPTANCE MAY BE MADE IN THE SAME DEED OF DONATION or IN A
MADE IN WRITING. Otherwise, the
SEPARATE PUBLIC DOCUMENT but it shall NOT TAKE EFFECT unless it is done
donation shall be VOID.
during the lifetime of the donor.
ART. 749. IMMOVABLE—must be made in a
If the ACCEPTANCE is made in a separate instrument—DONOR shall be
PUBLIC DOCUMENT, SPECIFYING therein:
NOTIFIED thereof in an AUTHENTIC FORM, and this step shall be NOTED IN
1. the PROPERTY DONATED and
BOTH INSTRUMENTS.
2. the VALUE OF THE CHARGES WHICH THE
DONEE MUST SATISFY.
This provision does not apply to onerous donations which are governed by
the rules on obligations and contracts.
ACCEPTANCE MAY BE MADE
1. In the same deed of donation
SIMPLE/ REMUNERATORY ONEROUS 2. In a separate public document
It shall NOT TAKE EFFECT unless it is done during
AS TO GOVERNING LAW
the lifetime of the donor.
Primarily, the law on donations governs, while The law on contracts
the law on contracts may apply suppletorily governs If the ACCEPTANCE is made in a separate
instrument—
AS TO LEGAL FORMALITIES
1. Donation must be in a public document or
ART. 748. MOVABLE—ORALLY or in WRITING. Article 748 and Article instrument
2. An ORAL DONATION requires: 749 are not applicable. 2. Instrument must specify the property
a. SIMULTANEOUS DELIVERY of the donated and the charges, if any, which the
thing or of the document donee must satisfy
representing the right donated.

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3. The acceptance by the donee must be in a
public public document
4. It must be done during the lifetime of the
donor
5. The donor must be notified in authentic for
of the acceptance of the donation in a
separate instrument
6. The fact that such notification has been
made must be noted in both instruments

AS TO EFFECTS OF ILLEGAL OR IMPOSSIBLE CONDITIONS

The illegal or impossible conditions are The obligation with

considered as not imposed but the donation illegal or impossible
remains valid. conditions shall be
annulled under Art.
1183.

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CHAPTER 3 Under the family code, donations propter nuptias cannot exceed more than ⅕
Effect of Donations and Limitations Thereon of the present property of the future spouses if in their marriage settlements
executed before the marriage, they agree upon a regime other than the
Article 750. The donation MAY COMPREHEND ALL THE PRESENT PROPERTY absolute community of property.
OF THE DONOR, OR PART THEREOF, provided he reserves, in full ownership or
in usufruct, sufficient means for the support of himself, and of all relatives who, Article 751. Donations cannot comprehend future property.
at the time of the acceptance of the donation, are by law entitled to be supported
by the donor. Without such reservation, the donation shall be reduced in petition FUTURE PROPERTY—anything which the donor cannot dispose of at the time of
of any person affected. the donation.

RESERVATION REQUIRED FOR DONATION OF PRESENT PROPERTY—A donor In other words, future property is the property that belongs to others at the
may donate all his present property or part thereof provided he reserves time the donation is ade and it is immaterial that it may subsequently
sufficient property in ownership or in usufruct for the support of himself belong to the donor.
and of all relatives who are entitled to be supported by him at the time of the
perfection of the donation. Article 752. The provisions of article 750 notwithstanding, no person may give or
receive, by way of donation, more than he may give or receive by will.
PRESENT PROPERTY—Property which the donor can rightfully dispose of at
the time of the donation. The donation shall be INOFFICIOUS IN ALL THAT IT MAY EXCEED THIS
LIMITATION.
REDUCTION OF DONATION WITHOUT REQUIRED RESERVATION—Donor
should not disregard the claims of his own family but the donation without THE LIMITATION IS REALLY ON THE RIGHT OF THE DONOR TO GIVE RATHER
the reservation is not null and void in its entirety. It is subject only to THAN ON THE RIGHT OF THE DONEE TO RECEIVE—A person may not donate
reduction by the court on petition of the party prejudiced by the donation. more than he can give by will and a person may not receive by way of
donation more than what the donor is allowed by law to give by will;
APPLICATION OF LIMITATION—applies to simple, remunerative and modal otherwise the donation shall be INOFFICIOUS and shall be reduced with
donations but not to onerous ones. regard to the excess.

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PURPOSE—To insure the observance of the limitation, the law provides for
collation. But the limitation is enforceable only after the death of the donor If there is no accretion among the donees, one cannot accept independently for
because it is only when it can be determined whether or not the donation is his co-donee who is not present.
inofficious, by contrasting its value with the net value of the estate of the
donor deceased. Thus, donation is valid during the lifetime of the donor. Article 754. The donee is subrogated to all the rights and actions which in case of
eviction would pertain to the donor. The latter, on the other hand, is not obliged
RESTRICTIONS BEYOND LIMITATIONS CANNOT BE IMPOSED—Public to warrant the things donated, save when the donation is onerous, in which case
policy requires that limitations should be imposed upon the donor, but a law the donor shall be liable for eviction to the concurrence of the burden.
which would impose restrictions further than such as are required by policy
may well be regarded unjust and tending in a contrary direction, as The donor shall also be liable for eviction or hidden defects in case of bad faith
destroying the incentive to acquire property, and as subduing the generous on his part.
impulse of the heart.
Article 754 gives the following rules:
Article 753. When a donation is made to SEVERAL PERSONS JOINTLY, it is 1. The donee is subrogated to all the rights and actions which in case of
understood to be in EQUAL SHARES, and there shall be NO RIGHT OF eviction would pertain to the donor.
ACCRETION AMONG THEM, unless the donor has otherwise provided. 2. If the donation is simple or remunerative, the donor is not obliged to
warrant the things donated
The preceding paragraph shall NOT BE APPLICABLE TO DONATIONS MADE TO 3. The donor shall also be liable for eviction or hidden defects in case of
THE HUSBAND AND WIFE JOINTLY, between whom there shall be a right of bad faith on his part.
accretion, if the contrary has not been provided by the donor. 4. When the donation is onerous, the donor shall be liable for eviction to
the concurrence of the burden.
DONATION TO SEVERAL DONEES JOINTLY
1. The donation is understood to be in equal shares Article 755. The right to dispose of some of the things donated, or of some
2. There shall be no right of accretion among the donees UNLESS THE amount which shall be a charge thereon, may be reserved by the donor; but if he
DONOR HAS OTHERWISE PROVIDED should die without having made use of this right, the property or amount
3. If the donees are husband and wife, there shall be a right of accretion, reserved shall belong to the donee.
if the contrary has not been provided by the donor

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The donor may reserve the right to dispose of some of the things or part of
the thing donated or some amount of income thereof. The donation is 1. Reversion may be validly established in favor of only the donor for any
actually conditional, anf the condition is fulfilled if the donor dies without case and circumstances
exercising the right he reserved, either by acts inter vivos or mortis causa. 2. If the reversion is in favor of other persons, such other persons must be
“living at the time of the donation” Thus, reversion. In favor of an
unconceived child is void, but such nullity shall not invalidate the
Article 756. The ownership of property may also be donated to one person and donation.
the usufruct to another or others, provided all the donees are living at the time of
the donation. Article 758. When the donation imposes upon the donee the obligation to pay
the debts of the donor, if the clause does not contain any declaration to the
The donor may donate separately the naked ownership to one person and contrary, the former is understood to be liable to pay only the debts which
usufruct to another. appear to have been previously contracted. In no case shall the donee be
responsible for the debts exceeding the value of the property donated, unless a
To be valid, the donee must be living at the time of the donation, which is contrary intention clearly appears.
understood to refer to the time of the perfection of the donation.
Article 759. There being no stipulation regarding the payment of debts, the
donee shall be responsible therefor only when the donation has been made in
Article 757. Reversion may be validly established in favor of only the donor for fraud of creditors.
any case and circumstances, but not in favor of other persons unless they are all
living at the time of the donation. The donation is always presumed to be in fraud of creditors, when at the time
thereof the donor did not reserve sufficient property to pay his debts prior to the
Any reversion stipulated by the donor in favor of a third person in violation of donation.
what is provided in the preceding paragraph shall be void, but shall not nullify
the donation. THE LIABILITY OF DONEE TO PAY DEBTS OF DONOR
The following are the rule:
The donor may provide for reversion, whereby the property donated shall 1. Where the donor imposes obligation upon the donee—gOVERNED BY
“go back” to the donor or some other person ARTICLE 758.

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a. The donee is liable to pay only debts previously contracted 2. Non-fulfillment of a resolutory condition imposed by the donor
b. He is liable for subsequent debts only when there is a 3. Ingratitude of the donee
stipulation to that effect
c. He is not liable for debts in excess of the value of the donation REDUCTION—Affects a portion only of the donation (unless the donor has
received, unless the contrary is intended. no free portion left) and is allowed during the lifetime of the donor or after
his death. The grounds are:
1. Failure of the donor to reserve sufficient means for support of
himself or dependent relatives
2. Failure of the donor to reserve sufficient property to pay off his
existing debts
CHAPTER 4 3. Inofficiousness— donation exceeds that which the donor can give by
Revocation and Reduction of Donations will
4. Birth, appearance, or adoption of a child.
Article 760. Every DONATION INTER VIVOS, made by a person HAVING NO
CHILDREN OR DESCENDANTS, LEGITIMATE OR LEGITIMATED BY Art. 760 applies to all donations inter vivos but not to onerous donations for they
SUBSEQUENT MARRIAGE, OR ILLEGITIMATE, may be revoked or reduced as are really contracts; anf o donations propter nuptias for they are revocable only
provided in the next article, by the happening of any of these events: for the causes provided in the Family code and not to donations mortis causa for
they are revocable at will by the donor (testator)
1. If the donor, after the donation, should have legitimate or legitimated or
illegitimate children, even though they be posthumous; Article 761. In the cases referred to in the preceding article, the donation shall be
2. If the child of the donor, whom the latter believed to be dead when he revoked or reduced insofar as it EXCEEDS THE PORTION THAT MAY BE FREELY
made the donation, should turn out to be living; DISPOSED BY WILL, taking into account the whole estate of the donor at the
3. If the donor subsequently adopt a minor child. time of the birth, appearance or adoption of a child.

REVOCATION—Affects the whole donation and if allowed during the A person may not give by way of donation more than he may give by will.
lifetime of the donor. The grounds are: The amount subject to revocation or reduction is therefore the excess over
1. Birth, appearance, or adoption of a child the portion that may be freely disposed of.

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The obligation of the donee depends upon the situation of the property
BASIS FOR REVOCATION OR REDUCTION IN THE CASE OF INOFFICIOUS donated:
DONATIONS—Value of the whole estate of the donor at the time of the birth, ● IF THE PROPERTY AFFECTED IS STILL IN HIS POSSESSION—He must
appearance, or adoption of a child, and not at the time of the death of the return the same
donor. (To the value of the estate shall be added the value of the donation at the ● IF HE HAS SOLD THE PROPERTY—He must give its value
time it was made because it would have been still part of the estate had not the ● IF THE PROPERTY HAS BEEN MORTGAGED BY HIM AND THE DNOR
donation been made) REDEEMED THE MORTGAGE—He must reimburse the donor
● IF THE PROPERTY CANNOT BE RETURNED AS WHEN IT HAS BEEN LOST
BURDEN OF PROOF—plaintiff donor who must allege and establish the OR DESTROYED—He must return its value at the time of the
requirements prescribed by law, on the basis of which revocation or perfection of the donation.
reduction of the donation can be adjudged.
DETERMINATION AT THE VALUE AT TIME OF DONATION—It is presumed
What is sought to be protected by Art 760 is only the prospective or that the price at which the property is sold is its value. If the price is less
presumptive legitime of the child because that is the only portion which than its actual value, the donee is not liable for the difference absent proof
cannot be disposed of. of bad faith.
Article 763. The action for revocation or reduction on the grounds set forth in
Article 762. Upon the revocation or reduction of the donation by the birth, article 760 shall prescribe AFTER 4 YEARS from the birth of the first child, or
appearance or adoption of a child, the property affected shall be returned or its from his legitimation, recognition or adoption, or from the judicial declaration
value if the donee has sold the same. of filiation, or from the time information was received regarding the existence of
the child believed dead.
If the property is mortgaged, the donor may redeem the mortgage, by paying the
amount guaranteed, with a right to recover the same from the donee. This action cannot be renounced, and is transmitted, upon the death of the
donor, to his legitimate and illegitimate children and descendants.
When the property cannot be returned, it shall be estimated at what it was worth
at the time of the donation.

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Article 764. The donation shall be revoked at the instance of the donor,
when the donee fails to comply with any of the conditions which the former Article 766. Although the donation is revoked on account of ingratitude,
imposed upon the latter. nevertheless, the alienations and mortgages effected before the notation of
the complaint for revocation in the Registry of Property shall subsist.
In this case, the property donated shall be returned to the donor, the
alienations made by the donee and the mortgages imposed thereon by him Later ones shall be void. (649)
being void, with the limitations established, with regard to third persons, by
the Mortgage Law and the Land Registration laws. Article 767. In the case referred to in the first paragraph of the preceding
article, the donor shall have a right to demand from the donee the value of
This action shall prescribe after four years from the noncompliance with the property alienated which he cannot recover from third persons, or the sum
condition, may be transmitted to the heirs of the donor, and may be for which the same has been mortgaged.
exercised against the donee's heirs. (647a)
The value of said property shall be fixed as of the time of the donation. (650)
Article 765. The donation may also be revoked at the instance of the donor,
by reason of ingratitude in the following cases: Article 768. When the donation is revoked for any of the causes stated in
article 760, or by reason of ingratitude, or when it is reduced because it is
(1) If the donee should commit some offense against the person, the honor inofficious, the donee shall not return the fruits except from the filing of the
or the property of the donor, or of his wife or children under his parental complaint.
authority;
If the revocation is based upon noncompliance with any of the conditions
(2) If the donee imputes to the donor any criminal offense, or any act imposed in the donation, the donee shall return not only the property but
involving moral turpitude, even though he should prove it, unless the crime also the fruits thereof which he may have received after having failed to
or the act has been committed against the donee himself, his wife or fulfill the condition. (651)
children under his authority;
Article 769. The action granted to the donor by reason of ingratitude cannot
(3) If he unduly refuses him support when the donee is legally or morally be renounced in advance. This action prescribes within one year, to be
bound to give support to the donor. (648a)

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counted from the time the donor had knowledge of the fact and it was The donees, devisees and legatees, who are not entitled to the legitime and
possible for him to bring the action. (652) the creditors of the deceased can neither ask for the reduction nor avail
themselves thereof. (655a)
Article 770. This action shall not be transmitted to the heirs of the donor, if
the latter did not institute the same, although he could have done so, and Article 773. If, there being two or more donations, the disposable portion is
even if he should die before the expiration of one year. not sufficient to cover all of them, those of the more recent date shall be
suppressed or reduced with regard to the excess. (656)
Neither can this action be brought against the heir of the donee, unless upon
the latter's death the complaint has been filed. (653)

Article 771. Donations which in accordance with the provisions of article

752, are inofficious, bearing in mind the estimated net value of the donor's
property at the time of his death, shall be reduced with regard to the excess;
but this reduction shall not prevent the donations from taking effect during
the life of the donor, nor shall it bar the donee from appropriating the fruits.

For the reduction of donations the provisions of this Chapter and of articles
911 and 912 of this Code shall govern. (654)

Article 772. Only those who at the time of the donor's death have a right to
the legitime and their heirs and successors in interest may ask for the
reduction or inofficious donations.

Those referred to in the preceding paragraph cannot renounce their right

during the lifetime of the donor, either by express declaration, or by
consenting to the donation.

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TITLE V FOR PRESCRIPTION TO RUN AGAINST THE STATE— There must be proof that
PRESCRIPTION there was an official declaration that the property is no longer earmarked
for said use or purpose. (Then period for ACQUISITIVE PRESCRIPTION would
only begin to run from the time of such official declaration)
CHAPTER 1
General Provisions Even if the same is alienable and disposable, possession and occupation no
matter how lengthy will not ripen ro ownership or give rise to any title that
Article 1106.PRESCRIPTION—, one acquires ownership and other real rights would defeat that of the State if such did not commence on June 13, 1948 or
through the lapse of time in the manner and under the conditions laid down by earlier.
law.
KINDS OF PRESCRIPTION
In the same way, rights and conditions are lost by prescription. 1. ACQUISITIVE PRESCRIPTION
2. EXTINCTIVE PRESCRIPTION
PRESCRIPTION—Means of acquiring ownership and other real rights or Article 1107. Persons who are capable of acquiring property or rights by the
losing rights or actions to enforce such rights through the lapse of time in other legal modes may acquire the same by means of prescription.
the manner and under the conditions laid down by law.
Minors and other incapacitated persons may acquire property or rights by
Prescription is evidentiary and has to be established by clear and convincing prescription, either personally or through their parents, guardians or legal
evidence as where there is a need to determine the veracity of factual matters representatives. (1931a)
such as the date when the period to bring an action commenced to run.
Article 1108. Prescription, both acquisitive and extinctive, runs against:
PROPERTY SUBJECT TO PRESCRIPTION
(1) Minors and other incapacitated persons who have parents, guardians or
PROPERTY REGISTRATION DECREE—Only private property may be acquired other legal representatives;
through prescription (those properties which are not for public use, public
service or intended for the development of national wealth) (2) Absentees who have administrators, either appointed by them before
their disappearance, or appointed by the courts;

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Prescription is deemed to have been tacitly renounced when the
(3) Persons living abroad, who have managers or administrators; renunciation results from acts which imply the abandonment of the right
acquired. (1935)
(4) Juridical persons, except the State and its subdivisions.
Article 1113. All things which are within the commerce of men are
Persons who are disqualified from administering their property have a right susceptible of prescription, unless otherwise provided. Property of the State
to claim damages from their legal representatives whose negligence has or any of its subdivisions not patrimonial in character shall not be the object
been the cause of prescription. (1932a) of prescription. (1936a)

Article 1109. Prescription does not run between husband and wife, even Article 1114. Creditors and all other persons interested in making the
though there be a separation of property agreed upon in the marriage prescription effective may avail themselves thereof notwithstanding the
settlements or by judicial decree. express or tacit renunciation by the debtor or proprietor. (1937)

Neither does prescription run between parents and children, during the Article 1115. The provisions of the present Title are understood to be without
minority or insanity of the latter, and between guardian and ward during prejudice to what in this Code or in special laws is established with respect
the continuance of the guardianship. (n) to specific cases of prescription. (1938)

Article 1110. Prescription, acquisitive and extinctive, runs in favor of, or Article 1116. Prescription already running before the effectivity of this Code
against a married woman. (n) shall be governed by laws previously in force; but if since the time this Code
took effect the entire period herein required for prescription should elapse,
Article 1111. Prescription obtained by a co-proprietor or a co-owner shall the present Code shall be applicable, even though by the former laws a
benefit the others. (1933) longer period might be required. (1939)

Article 1112. Persons with capacity to alienate property may renounce

prescription already obtained, but not the right to prescribe in the future.

PROPERTY MIDTERMS 2021

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b. Yes, otherwise there will be unjust enrichment
1. Anna and Berna co-own a two-storey building. The first floor of the building c. No, partition by the sale of the co-owned property requires the
was divided into four units and leased out to tenants at the rate of distribution of all the proceeds
P10,000.00/month. The second floor is intended for residential purposes. d. Yes, provided that either or both Will and Xavi agreed to the
While Berna was abroad, Anna moved into the second floor of the building upgrades
and occupied one of the units on the first floor. Can Berna ask Anna to pay
rent? Best answer is D. It is an act of management which will be binding upon the
vote of majority.
a. Yes, because Anna deprived Berna of the chance to use the same
property. 3. Maria, Mariel, and Mara are co-owners of house and lot that they inherited
b. Yes, but only for a part of the rent for the first floor unit. from their parents. Without Maria and Mara’s consent, Mariel sold the entire
c. No, a co-owner can use the thing owned in common. house and lot to Pedro. Can Maria and Mara ask for the annulment of the
d. No, Anna used the property in accordance with its purpose. sale.

The answer is based on the old case of Bartolome. A co-owner will have the a. Yes, co-owners are given the right to recover the co-owned property
right to enjoy the thing co-owned, but such right would also have its limitations b. No, unless they do so within 10 years
(e.g. must not be against public policy). c. No, a co-owner exercises ownership rights over the co-owned property
d. Yes, but only insofar as their interests are concerned
2. Brothers Vio, Will, and Xavi are equal cco-owners of a 1.5 V CVT Honda e. None of the above
Jazz which they bought for P1 million. A long-time fan of the “Pimp My Ride”
series, Vio decided to have it custom-painted and upgraded its tires, brakes, BONUS. Suggested answer is D, but it should be none of the above. The
sound system, and even added a turbo charger. For the upgrade, Vio spent remedy is not to annul the sale but to demand partition.
P200,000. A year after the upgrade, the brothers were able to sell the car for
P1,200,000.00. Vio claims that before they divide the proceeds, he should 4. Which of the following decisions exemplifies the right to self-help?
first be reimbursed for the P200,000 he spent for the upgrade. Is he correct?
a. German Management & Services, Inc. v. Court of Appeals
a. No, only necessary expenses can be reimbursed b. Javier v. Lumontad

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c. Caisip v. People b. Yes, the right to demand partition does not prescribe
d. People v. Pletcha, Jr. c. No, partition is only possible where the property is still co-owned
d. Yes, the registration created an implied trust which must be recognized
5. Sunlight is a good example of ___________.
The possession as required in acquisitive prescription is adverse.
a. Res Communes
b. Res Nullius 8. Which of the following best describes/exemplifies a personal property?
c. Res Alicujus
d. Res judicata a. a property not mentioned in Article 415 of the Civil Code
b. a property which can be transported from place to place
6. Chris and Kris are co-owners of a farm. They agreed that there should be c. the vendee’s right to the delivery of a parcel of land that he purchased
no partition until Kris passes the bar. At the end of 10 years, Kris has not yet d. an easement of right of way
passed the bar. Can Chris, nonetheless, ask for the partition of the farm?
If it is not in Article 415 of the Civil Code, it is personal property.
a. No, the condition for the partition has not yet been met
b. Yes, otherwise the law would be indirectly violated 9. Which of the statements below is applicable to the doctrine of incomplete
c. No, he is contractually bound to wait for Kris to pass the bar privilege?
d. Yes, partition can be demanded anytime
a. It is imposed by the State for its own benefit
They must both agree to extend the period. b. It is imposed by the owner himself
c. It is imposed by the parties in a contract
7. Frensly, a co-owner of a property with Rommel, succeeds in acquiring a d. It is an inherent limitation arising from conflict with other rights
Torrens title solely in his own name to the property in 2021. In 2021, Rommel
learned of Frensly’s action and decided to file an action for partition. Will the 10. Susie and Haidee are co-owners. Haidee sold her share to Lana. What
action prosper? statement is not correct?

a. No, Rommel’s right has prescribed

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a. Susie, Haidee, and Lana can participate in the partition of the property
if the sale was not for Haidee’s entire interest a. No, as the are not specified in the mortgage
b. Haidee can still participate in the partition of the property despite b. No, as they are personal properties and cannot be considered as
selling the entire interest to Lana improvements
c. Lana can only participate in the partition if Haidee’s interest was c. Yes, as they are real properties and are therefore considered
not yet delivered to her improvements
d. Only Susie and Haidee can partition the property if Haidee has not yet d. Yes, mortgages include all properties within the real properties
delivered all her shares to Lana mortgaged

Ownership is not yet transferred to her. 13. A human body is neither real nor personal property because

11. Jose and Pedro, co-owners, partitioned their land. After the partition, a. It does not serve as a means to satisfy human wants
however, Amanda successfully recovered from Pedro the portion alloted to b. It does not have a separate and autonomous existence
him. Which statement is correct? c. It cannot be appropriated
d. It is not capable of pecuniary estimation
a. Pedro is entitled to damages from Jose
b. Pedro alone must bear the loss 14. In the law on co-ownership, the following are acts of administration
c. Jose must give half of his portion to Pedro except:
d. Jose must recognize that Pedro co-owns the portion previously allotted
to him a. Leasing the property for one year
b. Construction of a house on a co-owned lot
12. ABC Computer Games and Shop (ABC) borrowed money from Metropolis c. Collection of rentals
Bank, mortgaging as security the land on which the shop is located, the shop, d. Adding rooms to a house owned in common
and all real improvements that may be found thereon. Later, with the
re-opening of the economy and the lifting of the quarantine restrictions. ABC 15. Ferdie, Leni, and Ronnie decided to buy a house and lot in common in the
purchased ten additional gaming computers. Are these new additional amount of P1.2 million. Ferdie contributed P600,000, Ronnie contributed
computers considered mortgaged?

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P400,000 while Ronnie gave P200,000. Can the parties agree that Ronnie a. It is an action filed to recover possession of real property based
will own 50% of the property, Ferdie 25%, and Leni 25%? on ownership
b. It is also referred to as accion interdictal
a. No, the share of the co-owners must be in proportion to their c. Is resorted to when the dispossession has lasted for more than one (1)
contributions year
b. No, the share of the co-owners must be in proportion to their interests d. The issue involved is not possession de facto but possession de jure of
c. Yes, the share of the co-owners in the co-owned property may be realty
subject to agreement
d. Yes, the share of the co-owners in the benefits and charges may be 18. The following results to the extinguishment of a co-ownership, except:
subject to agreement.
a. Destruction of the co-owned property
Even if there are actual contributions based on different proportions, they may b. Merger in one person of all interests
agree on the interest. c. Prescription in favor of a third person
d.
16. A particular machinery may be classified as an immovable property if:
Death of a co-owner will not extinguish the co-ownership. The interest will be
a. It is placed by a tenant of a building and intended to be a part of the transmitted to the heirs.
tenement
b. It is attached to an immovable in such a way that its removal will 19. To succeed in a forcible entry case, it is necessary that:
cause breakage of the material or deterioration of the object
c. It is intended directly to meet some works being carried on in a building a. The complainant proves that he is the owner of the property
d. It is bulky that it cannot be carried from place to place b. The complainant proves that he has the better right to possess
c. Complainant must file the complaint within one (1) year from the
BONUS. B and C are both correct. expiration of the possessor’s right
d. Complainant must prove prior possession
17. Which statement is most applicable to accion reinvindicatoria?

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Complainant must prove that he was in possession and that he was least one drone has crashed in his yard in the past. What doctrine/rule can he
dispossessed forcibly. Material possession is essential. rely on for a possible recourse?

20. The following are rights of a co-owner, except: a. Incomplete Privilege

b. Surface rights
a. The right to demand partition c. Self-Help
b. The right to pre-empt the sale by a co-owner of his undivided d. State of Necessity
interest
c. The right to use the property The issue is more of privacy.
d. The right to redeem an undivided interest sold by a co-owner
23. Ann, Bert, and Carey are co-owners of a commercial property they leased
Unless there is an agreement that no one shall sell without offering it to the to Javier for a monthly rent of P120,000. If Ann has 40% interest, Bert has
co-owners. 10% interest, and Carey has 50% interest in the property, how much of the
monthly rental income should be given to Ann?
21. Which of the following is not an immovable property?
a. P60,000
a. A carpet fastened to the wall b. P40,000
b. Electric steel towers embedded on the ground c. P36,000
c. Tilapia on the fishpond d. P48,000
d. Mortgage on a house
40% of 120,000 is 48,000.
Electric steel towers can be removed.
24. In perpendicular co-ownership, proportionate contribution is required for
22. Arnel owns a house near the beach. For the past year, he has been the preservation of the following except:
plagued by drones of vloggers who want to get a bird’s eye view of the beach
and the sea. He is concerned that these drones may take some private a. The main walls
pictures and videos of his family or land in his yard where his children play. At b. The stairs

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c. The roof a presidential candidate, Alberto decided to paint the house fuchsia pink. Can
d. The party walls Bogart and Cesar validly object?

Based on Article 490 of the Civil Code. a. Yes, the law requires majority vote for such acts
b. Yes, the law requires unanimity for such acts
25. Reclaimed land is: c. No, the law requires majority vote for such acts
d. No, the law allows a single co-owner to decide on such acts
a. Owned jointly by the Philippine Reclamation Authority and the person
who reclaimed it This is an act of administration or management which requires vote of
b. Owned by the state and cannot be alienated financial majority.
c. Transferable by special patent to the person who reclaimed it
d. Transferable by special patent after being declared alienable and 28. Miguel, the president of the condominium association of the condominium
disposable project developed by ABC Realty, decided to sell his unit to his Chinese
friend, Xi Kai. Is the sale valid?
Chavez case
a. Yes, a condominium unit owner is free to sell his condominium interest
26. The ownership of the following property may be acquired by the b. Yes, there is no nationality requirement for owning a condominium unit
occupation thereof. c. No, foreigners cannot but Miguel’s unit
d. No, he must first relinquish his position in the association
a. A movable property lost by the owner thereof
b. An unregistered piece of land abandoned by the owner thereof Sec. 5 of the Condominium Act provides that if the common areas including
c. A domestic animal which strayed from the premises of the owner the land where the condominium is erected on belongs to all the owners as
thereof co-owners, that will be a direct interest over the real property. There is a
d. Hidden treasure limitation to foreigners (hereditary succession).

27. Alberto, Bogart, Cesar are co-owners of a house where the share of 29. A person can interfere with the right of ownership of another if the
Alberto is ⅗, while the share of Bogart and Cesar is ⅕. To show his support for interference is necessary:

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b. chicken eggs
a. To avert clear danger and greater damage to the owner c. sugar cane produced by farmers
b. As in the justifying circumstance of a state of necessity d. young wild boar
c. As in a state of necessity that exempts one from civil liability only e. letters a and c
d. To avert an imminent danger and threatened damage
Sugar cane produced by farmers would be industrial.
30. Minerals are still owned by the state even if discovered from a private
land. 33. Which of the following statements is/are true with respect to the governing
law/s on waters?
a. Yes, provided the land is not titled.
b. Yes, because the Constitution so provides. a. The Water Code of the Philippines repealed the provisions on waters
c. No, if the land is titled in the name of a private person. under the New Civil Code.
d. No, it will violate property and property rights. b. The provisions of the New Civil Code on waters which are not in
conflict with the Water Code of the Philippines still apply.
31. Which of the following statements is false in regard to an action for c. Article 503 of the New Civil Code which enumerates the waters of
quieting of title? private ownership was not repealed by the Water Code of the
Philippines.
a. It is an action quasi in rem. d. Letters b and c
b. It is a collateral attack on a title challenging the judgment
resulting to the issuance of the title. 34. Which of the following is not a proper relief in an action for quieting of
c. It may be subsumed in a case for annulment of title as the effect of title?
cancellation would be to quiet plaintiff’s title.
d. It may be preventive or remedial. a. Settlement of boundary disputes
b. All of the choices provided are not proper
32. The following are natural fruits except: c. Interpretation of documents
d. Determination of validity of deeds by strangers to the title
a. young of animals raised on a farm e. Oral claims not made in legal proceedings

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35. Which of the following may constitute a cloud on one’s title that would a. If Juan will collect rainwater falling on his own land for use in home
justify an action for quieting of title? gardening
b. If Juan will bathe in a river near his house
a. A fictitious contract of sale with a simulated consideration c. If Juan will excavate on his own private land to make a hot spring
b. A forged contract d. If Juan will excavate on a public land to make a hot spring
c. Inoperative contract due to non-performance of a condition precedent e. Letters c and d
d. A contract of sale made by an agent without written authority f. All of the above
e. All of the choices may constitute a cloud under Article 476
38. An act of unlawful physical intrusion on real property justifies an action for
36. Juan’s house is adjacent to Maria’s warehouse. One night, a fire of quieting of title to settle the claim of the intruder and prevent future conflict of
unknown origin engulfed the warehouse. To prevent fire from spreading and rights between the intruder and the owner.
burning his house, Juan went inside Maria’s burning warehouse and
successfully stopped the fire. To his surprise, he discovered hidden treasures a. True, if the claim of the intruder is valid.
buried in the warehouse when one of its foundations collapsed. To whom b. False, since an intruder has no right to be protected.
should the treasures belong? c. True, because quieting the title is an equitable remedy.
d. False, because quieting of title is not the proper remedy.
a. One half belongs to Maria, the other half to Juan as the finder of e. It depends on the preference of the plaintiff.
hidden treasures
b. The hidden treasures belong to Maria because Juan is a trespasser Action here is ejectment.
c. One half belongs to Maria, the other half to Juan as a reward for
successfully stopping the fire 39. By agreement, A’s bottle of a rare vodka (500 ml.) was mixed with B’s
d. The hidden treasures belong solely to Juan as the finder 1-liter double black Johnnie Walker whiskey resulting to a 1.5-liter alcoholic
mixture. The vodka has a value of P1,000 while the whiskey was purchased
Doctrine of state necessity eliminates the trespassing. by B for P3,000. Which of the following statements is correct?

37. When is Juan required to secure a water permit? a. A ans B should equally divide the mixture.

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b. The division will depend on the drinking capacity of each of them. BONUS. If there is a contractual relationship, rules of accession cannot be
c. A will have ⅓ of the mixture based on volume. applied. Article 1678 of the Civil Code is applicable. Selling of the property is
d. A will have ⅓ of the mixture based on the value. not mentioned in such provision.
e. All the statements are wrong.
42. Which of the following is not a criterion in determing the principal in
40. Which of the following statements is/are FALSE? adjunction?

a. Mario, the owner of a land, owns the minerals found thereon pursuant a. Importance test
to Article 437 (right to the subsurface) of the New Civil Code b. Purpose test
b. Mario, the owner of a land, owns the minerals he found by chance c. Value test
thereon pursuant to Article 438 (hidden treasures of the New Civil d. Volume test
Code) e. Comparative merit
c. All of the statements are false f. None of the choices

41. Cali leased a lot for commercial purposes to Juana. Juana then built in 43. The rules on mixture may apply when hundreds of cattle belonging to Mr.
good faith a store on the leased premises. Upon the termination of the lease X were commingled in bad faith by Mr. Y with his own herd of cattle and it is
contract, which of the following statements is/are true? no longer possible to determine which cattle belongs to X or Y.

a. Juana has a right to retain the leased premises until Cali pays the a. False, because this will result to unjust enrichment.
value of the building. b. True, because commixtion may apply even to live animals.
b. If Cali does not want to buy the building, Juana can demolish it. c. False because the master should know his animals and the latter
c. Cali can oblige Juana to buy the land provided the value thereof should know
is not considerably more than that of the building. d. False, because it is impossible to determine the value of the animals.
d. All of the statements are true. e. None of the choices provided.

Chali Vali case?

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44. The following rules shall apply to accession involving personal property, a. The alluvial deposit automatically becomes registered land since the
except: land that receives it is covered by a Torrens title.
b. John automatically owns the accretion.
a. Accessory follows the principal except as a matter of option c. John may acquire the accretion if he registers it under the Torrens title.
exercised by the owner of the principal thing. d. John will acquire the accretion once he occupies the same.
b. The bad faith of one owner neutralizes the bad faith of the other.
c. Separation may be demanded when it can be done without injury. Ownership is vested by the law, but to avail the benefits of the Torens system,
d. A party in bad faith shall be liable to pay damages. it must be registered.
e. All these rules shall apply.
47. If the owner of the principal thing in adjunction acted in bad faith, which of
45. Which of the following statements is/are TRUE? the following statements is most accurate?

a. A corporation 65% of the capital of which is owned by Filipinos a. He will lose his property but will no be liable for damages
may be granted a water permit b. He will lose his property and will be liable for damages because of his
b. A government instrumentality can appropriate water for any purpose bad faith
even without a water permit c. He can be compelled to pay the value of the accessory thing plus
c. A government-owned and controlled corporation can appropriate water damages
for any purpose even wthout a water permit d. The owner of the accessory thing has a limited right to demand
d. Letters a and c separation
e. Letters b and c e. The owner of the accessory thing has the right to demand the value of
his property or the limited right to demand separation plus damages in
46. John is the owner of a parcel of land through which a river runs out into either case
the sea. The land was brought under the Torrens System. Over the years, the
river has brought silt and sediment from its sources up in the mountains and 48. In adjunction by tejido involding threads belonging to different owners,
forests so that gradually the land owned by John increased in area by three which of the following statements is accurate?
hectares. Which of the following statements is true?

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a. The rules on co-ownership shall apply and the interest of the parties
shall be based on the value of their respective materials. a. The owner of the affected land may restrain the government from
b. There is a need to determine which of the two things joined shall be taking steps to revert the river or st to its former course
the principal using the purpose test. b. The owner of the affected land may compel the government to restore
c. Only one party shall ultimately own the woven fabric the river to its former bed
d. The finished product shall be sold because it is not possible to c. If the government decides to revert the river to its former course,
physically partition the whole fabric the owner of the affected land is not entitled to compensation
d. The reversion of the river to its former course by the government is an
This is adjunction. Owner of the principal acquires the thing. expropriation which entitles the owner of affected land to just
compensation
49. Lea constructed in good faith a two-storey commercial building on the
land of Leo. Leo later discovered LEa’s building which was then being The Water Code provides that the parties can revert provided that they obtain
occupied by Lea and the lessees. As advised by his lawyer, Leo chose to a water permit.
appropriate the building. Pending the payment of the building by Leo, which of
the following statements is/are true? 51. Who may own a condominium unit in case the common areas in a
condominium project are held by a condominium corporation?
a. Leo can oblige the lessees to pay rent to him
b. Leo can require Lea to pay the rent while the latter is occupying the a. A foreigner but only in case of hereditary succession
building b. A corporation 50% of the capital stock of which belong to Filipino
c. Lea can retain the rentals from the lessees of the building. citizens
d. Letters a and b only c. A foreigner even if it is not through hereditary succession
d. Letters a and b
The one who constructed the building cannot be compelled to purchase the e. Letters b and c
land.
As long as foreign ownership would not exceed 40%.
50. A river changed its course and the new riverbed passed through a private
estate. Which of the following statements is/are true?

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52. Jose discovered that Ana’s house encroached on his estate. If Jose and
Ana acted in good faith, what is the rule if the value of the house is a. Island formed in the crater of Mount Pinatubo
considerably more than that of the land? b. Island in the middle of the Pasig river
c. Island in the middle of Laguna de Bai
a. Jose cannot compel Ana to buy the land d. Island in the middle of a pond or a lagoon
b. A forced lease will be created e. None of the choices provided
c. Jose can either appropriate the building for himself after
reimbursing Ana the necessary and useful expenses or sell the All newly formed islands belong to the State.
land to Ana
d. Letters a and b 55. A person who was not issued a certificate of title over a parcel of land
could not institute an action for quieting of title as he cannot have legal or
Article 448 equitable title over the property.

53. (I) A building in a residential area in danger of falling is a nuisance per a. False
se. b. True
(II) A large tree about to fall is a nuisance per se. c. Sometimes true, sometimes false

a. Both are true 56. The heirs of the donor may file an action for quieting of title against a
b. Only (I) is true donee municipality upon non-compliance of the latter with the condition
c. Only (II) is true imposed by the donor in the deed of donation, making the instrument a cloud
d. Both are false upon the title of the donor’s heirs.
e. Buildings and trees do not fall because they should be repaired
a. True, because the heirs have equitable title in the property.
It might be in a timberland b. True, because the deed of donation is in fact inoperative.
c. False, because the municipality can still comply with the
54. Which of the following newly formed islands will not belong to the condition imposed.
Republic of the Philippines? d. All of the choices are wrong.

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a. lands granted by the State to a local government unit and registered
There is a need to revoke the donation before it may be considered a cloud. under its (LGU’s) name
b. alienable and disposable agricultural land
57. Which of the following is false with regard to the prescription of an action c. reservations
to quiet title? d. Letters a and b
e. None of the choices
a. If the plaintiff is in possession, the action to quiet title does not
prescribe. 60. Jay discovered that Lea illegally constructed a house on his land. If Jay
b. If the plaintiff is not in possession, it may prescribe. acted in good faith, Lea has the right to:
c. Whether the plaintiff is in possession or not, the action to quiet
tile will prescribe. a. Remove the useful improvements
d. Period of prescription shall begin to run from actual or constructive b. Require Jay to pay the useful improvements
knowledge. c. Require Jay to pay the improvements for pure luxury only if he
prefers retain them
If he is in possession, it will not prescribe. d. Letters b and v

58. Sony discovered that the house built by Ema encroached on his estate. BONUS
Both Sony and Ema acted in good faith. If Sony chose to sell the land to Ema
but the latter failed to pay, which of the following statements is/are true? ESSAY

a. Sony automatically becomes the owner of the improvement. 1.

b. Sony may demand the demolition of the improvement
c. Ema loses her right of retention
d. Letter b and c

59. Which of the following is/are classified as patrimonial property?

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d. Hazel and Rica co-own the abandoned riverbed as the riparian
1. Pinty in good faith, used the Seagate Ironwolf ST120000VN0007 12TB owners
Internal Hard Drive of Alex to upgrade her intel i3 3rd Gen desktop. 4. What is the proper distance for regular windows with oblique views
Given this, which statement is correct. from the boundary of the property?
a. Pinty owns the upgraded desktop because the hard drive being more a. 3 meters
valuable is the principal b. 30 meters
b. Alex owns the upgraded desktop because the original desktop, to c. 2 meters
which the new hard drive was incorporated, is the principal d. 60 centimeters (Art. 670)
c. Both Pinty and Alex co-own the upgraded desktop because the 5. After taking, in good faith, the bottle of Russo-Baltique owned by his
desktop will not work without the hardrive friend, Christine, Christian mixed it with Kahlua to make a glass of black
d. Either Alex or Pinty may demand for the separation of the hard Russian. Who owns the drink?
drive from the desktop so neither may end up with the upgraded a. Both Christian and Christine are co-owners of the mixed cocktail
desktop. (Art. 471)
2. Eliza is the owner of a grove of mango trees. Some of the branches, b. Christian, having mixed it himself, with the obligation to indemnify
with fruits hanging from them, extend over the land Philip. Which of the Christine for the value of the vodka
following statements is correct? c. Christine, being the owner of the more valuable ingredient, without
a. Philip can cut off the protruding branches any obligation to indemnify Christian for the value of the Kahlua
b. Philip owns the fruits hanging over land d. Christine being the owner of the more valuable ingredient, with the
c. Philip has the right to gather the fruits on the branches that extend obligation to indemnify Christian for the value of the Kahlua.
into his land. 6. Xander took, without consent, Yani Artus' fountain pen and Zion’s
d. Philip can only demand that Elizabeth cut off the protruding parchment to write a poem-dedicated to Apple. Who owns the poem?
branches. (Art. 680) a. Apple, because the poem was intended for her
3. Hazel owns a parcel of land adjoining the bank of Chico River. The land b. Yani, as he the owner of the most valuable material
on the opposite bank is owned by Rica. The river suddenly charged its c. Zion, as he is the owner of the paper on which the ink was used
natural course, and the river was abandoned. The new river bed d. Xander, because he is the author.(Art. 474)
happens to be at the end of Markki. Who owns the river bed? 7. Anna and Elsa own a party wall. Anna, without Elsa's consent, made an
a. The state owns the abandoned riverbed opening in the party wall in 31 December 2007. May Elsa still close the
b. Chico owns the river bed opening on 1 January 2020?
c. Markki owns the riverbed as compensation for the land he lost a. No, unless Elsa pays Anna compensation for the loss of the
(Art. 461) easement

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b. Yes, no easement has been acquired, as there was no notarial for an easement of right of way through the property owned by Paris. Is
prohibition she entitled to such easement?
c. Yes, as the party wall is co-owned, any opening must be made with a. Yes, provided that she pays indemnity
the consent of all co-owners b. Yes, because the purpose of the law is to afford convenient access to
d. No. Anna has already acquired the easement (Art. 668) public highway
8. The following are non-apparent easements, EXCEPT: c. No, because she already has access to a public highway(Art. 649)
a. Easerent of not building to more than a certain height d. No, because she should have asked for the right of way upon
b. Easement of party wall (Art. 615) purchase of the lot
c. Easement of intermediate distances 11. Lea donated a 2-hectare land to the municipal government with a
d. Easement of lateral and subjacent support condition that the donee should build thereon a public park, the
9. Love sold to Amor a parcel of land which adjoins that of Valentine on construction of which should commence within one (1) year from the
the bank of the Pasig River. When Love sold it to Amor, the land was date the parties ratify the donation. The donee accepted the donation
irrigated by water from the Pampanga River through a canal about 30 and the title to the property was transferred in its name. After six years,
meters long, traversing Valentine's land. Subsequently, Valentine the municipal government has not yet started the construction of the
leveled a portion of the irrigation canal depriving Amor of the irrigation public park. For this reason, Lea decided to donate the property to
water and preventing her from cultivating her land. Who will win in a Mario which the latter accepted.
suit between Amor and Valentine?
a. Amor will be allowed to continue using the canal but will be asked to Statement I. Mario is subrogated to the rights of Lea to recover the
compensate Valentine property from the municipal government.
b. Neither Valentine nor Amor will be given any relief by the court
because easements relating to waters must first be given Statement I. The donation to Mario is void because Lea cannot donate
governmental approval what she does not own.
c. a Valentine, he has the right to level his own land so that any injury
sustained by Amor is damnum absque injuria Statement Ill. The donation to Mario is valid because the municipal
d. Amor, the presence of the canal over Valentine's land before the government failed to comply with the resolutory condition imposed by
sale is equivalent to title for Amor to continue using it after the the donor.
sale (Art. 624) Santos v Reyes
10. Helen owns a lot which he brought from River Subdivision. The Statement IV. The donation to Mario is valid because the donation to
Subdivision provided a right of way for the buyers of its lots. The bad the municipal government is not deemed perfected until the suspensive
lot, however, is still undeveloped and causes inconvenience to Helen condition has been fulfilled.
when she uses it to reach the public highway. Helen filed a complaint

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a. Only Statements I and Ill are correct
b. Only Statement Il is correct. a. All Statements are true.
c. Only Statements land IV are correct. b. Only Staterments Il and Ill are true.
d. Only Statement I is correct c. Only Statement I is true.
e. Only Statement Ill is correct. d. Only Statement Ill is true.
f. Only Statement IV is correct. (Art. 764 in re: Art. 1181) e. Only Statement Il is true. (Art. 768 par.2)

12. Maria donated a parcel of land worth P1,000.000 to Sella subject to a

burden valued at P200,000. Sella accepted the donation and the title to 14. Mon donated a parcel of land (naked ownership) to Juan while the
the property was transferred in her name. If the donation and usufruct thereof to Pedro.
acceptance were in private writing, which of the following statements is
true? Statement I. The donation to Pedro should comply with the formalities
a. The whole donation is void (Art. 749) for donation of real property.
b. Only the P200,000 portion of the donation is valid.
c. The P200.000 portion of the donation is unenforceable. Statement II Pedro refused to accept the donation, Juan would get the
d. Only the P5,000 portion of the donation is valid. share of Pedro.
e. Only the P800,000 portion of the donation is valid
13. Which of the following statements is/are true in case of Statement Ill. If Pedro died, the usufruct would revert to Mon.
reduction/revocation of donation?
a. Only Statement I is true
Statement I. The compulsory heirs of the donee can ask for reduction of b. Only Statements I and Il are true.
inofficious donation c. Only Statement Ill is true (Art. 603)
d. Only Statements I and Il are true.
Statement I. The fruits received by the donor from the time of the e. Only Statement Ill is true.
perfection of the donation must be returned if the ground is 15. Mimi donated a property to her father' illegitimate daughter, Karen. The
noncompliant with any of the conditions imposed. donation can be revoked if:
a. Karen files a civil case for collection of sum of money against Mimi.
Statement Ill. If the property donated had already been alienated and b. Karen steals the phone of Mimi's husband.(Art. 765par1)
could not be recovered anymore, the donee shall pay the price of thy c. Karen has an illicit affair with Mimi's married son
property estimated at the time of the perfection of the donation. d. Karen refuses to give support to Mimi who becomes addicted to
gambling

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16. Jana, Juno and Jeni owned in common a 5-hectare land. Jana, without c. Tina who owns 10% of the co-owned properties may file a case
the knowledge of Juno and Jeni, sold the entire property to Juan. Which to enjoin her siblings from converting the residential house into a
of the following statements is true? commercial building (page 492)
a. The sale is void d. Lina may give consent to his friend B to construct a small house on
b. Juan becomes a co owner of the property (Art. 493) the co-owned land.
c. The sale is valid it juno and jeni acted in bad faith, ie. They knew of
Jana's plan to sell the property.
d. The sale is unenforceable
e. The sale is voidable
17. Juan and Maria decided to get married. Thus, Juan, together with his 19. For a decade, Simon, a company president, and Beth, an entertainer, were
parents, went to Maria's house to formally ask the consent of her parents. live-in partners. As Simon's salary was more than sufficient for their needs,
Juan's parents then donated real property to Mari and jewelry to her parents. Beth decided to stop working and just focus on taking care of the house and
Which of the following statements is true? Simon. During the cohabitation, Simon bought a lot in the province using his
a. The donation in favor of Mari is valid even if the acceptance is made own money. If they were both capacitated to marry each other at the time of
orally. cohabitation, which of the following statements is correct?
b. The donation in favor of Mari's parents may not be revoked even a. Simon and Beth are entitled to the lot as co-owners in equal
it the marriage is not celebrated (Art. 765) shares (Art. 485)
c. The donation to Mari's parents is an indirect donation propter nuptias b. Beth has no share in the lot bought by Simon because they are not
since Mari would eventually inherit the property from her parents. married.
d. The donation in favor of Mari may be revoked if she would commit c. Beth is not entitled to the lot because she did not contribute funds for
adultery. its purchase.
e. They are both donations propter nuptias as they were given with the d. Beth is entitled to the lot but her share is limited to the value of her
marriage in mind. contribution ie. her services for taking care of the house and Simon
18. Lina, Rina, and Tina are the co-owners of a residential house and lot in 20. South Tower is a condominium, the common areas of which are held by the
Batangas. If Lina owns 50% of the co-owned properties, which of the owners of separate units as co-owners thereof. Notably, 90% of the units in
following statements is correct? said condominium were already sold to Filipinos. The remaining unsold units
a. Lina's sole decision to pay the real property taxes due on the house are advertised for sale.
and lot does not bind Rina and Tina who cannot be compelled to
contribute to the expenses Statement I. XYZ Corp, a foreign corporation, may purchase a condominium
b. Lina's sole decision to renovate the kitchen binds Rina and Tina who unit in South Tower.
can be compelled to contribute to the expenses.

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Statement Il. Tom Cruz, an American citizen, may purchase a condominium c. Joel may recover the property because prescription cannot be based
unit in South Tower. on the result of the public auction where the title of the property is not
a true and valid title
a. Both Statements I and Il are correct. (Sec. 5 RA 4726) d. Rossanna's title by prescription must be sustained because more
b. Both Statements I and Il are false. than 10 years have already elapsed from the time she took
c. Only Statement I is correct. possession of the property.
d. Only Statement Il is correct e. None of the choices is correct

21. Joel bought a parcel of land from Ventura on November 30, 1988.
Subsequently. Ventura died and a proceeding was instituted against the
estate of Ventura on account of certain alleged shortages in his official 22. Eddie owns a farm which adjoins the property of Rene. It appears that Eddie
accounts as a former Barangay Chairman, which resulted in a sale at public has extended his farm without realizing that it has encroached into his
auction of certain real and personal property by the commissioner appointed neighbor's property. When Rene learned about this, he opted to appropriate
for the purpose of making such sales. The public auction included the parcel the improvements, Meantime, Eddie remained in the property while waiting
of Land which Ventura earlier sold to Joel. In the public auction, Rossana to be paid. Is Eddie required to account for the fruits while he remains in the
was the purchaser of this land, which she took possession by virtue of his property?
purchase at said public auction and continued in possession until 1993 when a. Yes, because he is not anymore in good faith
Joel filed an action to recover the property. Which of the following b. No, because he is entitled to the until he is paid of the indemnity
statements is correct: (Art. 448)
a. Rossanna's title by prescription must be sustained, since it is dear c. No, because it is included in his right of retention which is duly
that the sale at public auction did in fact take place, that the recognized by law
transaction was in good faith, and that she bought the land from one d. Yes, because a forced lease is now in effect between him and the
whom he believed to have the right to sell. tandowner
b. Joel may recover the property because he purchased the land prior e. No, because of Art. 443
to the sale at public auction. The commissioner had no lawful 23. The estate of Jose Lim, as owner of 103,000 shares of stock of Benguet
authority to include it in the list of property of Ventura which could be Mining, received from the latter 54,000 shares representing 50 percent stock
subjected to the payment of his debts, and that the sale, therefore, dividend on the said 103,000 shares plus 1.2 Million as cash dividend. Mary,
was invalid and of no effect. as usufructuary of the estate, petitioned the lower court to authorize the
Peoples Bank and Trust Company, as administrator of the estate of Jose
Lim, to transfer to her the ownership of said 54,000 shares of stock dividend

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by endorsing and delivering to her the corresponding certificate of stock, 25. Lino inherited an estate consisting of a 10 hectare rice land and a house of
claiming that said dividend, although paid out in the form of stock, is fruit or strong materials, the usufruct of which was granted to his Uncle until the
income and therefore belonged to her as usufructuary. She also claims the latter's demise. Lino wants to know the extent of his rights as naked owner.
right to receive the cash dividends. a. The owner may alienate the property held in usufruct
a. As usufructuary. Mary is entitled to both the stock and cash b. He may mortgage the property
dividends, because they are fruits and income of the estate (Art. c. All of a b, c, and d (Art. 581 and Art. 579)
566) d. The owner may make improvements on the property
b. None of the choices is correct e. He may impose a perpetual easement on the property
c. The estate is entitled to both the stock and cash dividends, as they
are both part of the capital
d. The estate is entitled to the stock dividends, because they form part
of the capital
e. As usufructuary. Mary is entitled only to receive the cash dividends
because it is the fruit and incore of the estate
24. Robert died leaving a will where he left by way of a devise in favor of his 26. When Freddie came home from abroad, he found that Mamerto built a house
brother Ronald the usufruct over a 2 storey office building for a period of on his land and planted crops thereon knowing that he did not have any right
twenty years. Ronald occupied the building and used it for his business. to do so. In a dispute between the landowner and the builder who is in bad
After five years, the building was totally destroyed by fire. Robert's only son faith, and the landowner chose to appropriate the building and the crops,
Alvin, consulted you asking whether or not the usufruct of Ronald on the which of the following is not correct.
property still subsists. a. The Landowner may be required to pay for the necessary expenses
a. All of a, b, c, and d b. The Landowner may be required to pay for the expenses that are
b. If the usufructuary does not contribute in the payment of the purely luxurious (Art. 548)
insurance, the usufruct is terminated because of the total loss of the c. The Landowner may be required to pay for the expenses in the
thing in usufruct production
c. The usufruct continues on the land and the materials(Art. 607) d. The Landowner may be required to pay for the useful expenses
d. If the owner construct another building the usufruct has a right to e. None of the choices is correct
occupy it 27. Ayala owns a parcel of land, which was occupied by Romy and Camille,
e. The usufruct is terminated because of the total loss of the thing in Ayala tolerated their presence, and did not compel them to pay rentals,
usufruct Later, the City passed an Ordinance which increased the real property tax on
the property, and so Ayala asked them to pay rentals. They promised to do
so, and recognized Ayala's ownership over the land, but did not really pay

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said rentals. After a period of 20 years, Romy and Camille now claim that a. The usufruct of parents over the property of emancipated children.
they have acquired said land by prescription. Are they right? b. In usufruct of right to receive periodical pension.
a. Yes, because they have acquired title over the property by acquisitive c. None of the choices is correct.
prescription d. In usufruct acquired through caucion juratoria. (Art. 587)
b. None of the choir go, is correct e. The usufruct that is granted to a usufructuary in consideration of his
c. No, because extraordinary prescription requires the lapse of 30 years person.
d. No, because their stay was merely by tolerance. (Art. 537) 30. The following are the obligations of the usufructuary during the life of the
e. Yes, because they have been in possession of the property for more usufruct, except:
than 10 years a. To notify the owner of the need of urgent extraordinary repairs (Art.
593)
b. To pay for the debts of mortgaged immovable from the fruits
derived from the property
c. To make ordinary repairs on the property held in usufruct. (Art. 592)
d. To pay the annual charges and races which are imposed on the fruits
28. Romy was granted the usufruct over a run down farm, which he badly needs or the property held in usufruct.(Art. 596)
in order to support his growing family. While doing some repair on an old e. To notify the owner of any act of a third person that may be
house in the property, his son Magnus discovered old coins hidden in the prejudiced to the rights of the owner. (Art. 601)
ceiling. It appears that the old coins belonged to no one and is pow being 31. B bought a diamond ring from C using a check that was dishonored upon
claimed by Juanito as the owner of the property. Romy wants to know presentment, B then sold the ring for value to A, who, in turn, gave it to D as
whether he or his son Magnus will get a share of the proceeds of the old a gift in a written instrument. Like A, D does not know that the check used to
coins. pay the consideration of the sale bounced. B has now left town and C wants
a. None of the choices is correct her ring back. Choose the best answer regarding rights to the ring.
b. As usufructuary he or his son is not entitled to any share of the a. D is the owner of the ring and cannot be disturbed in her possession
treasure of the ring.
c. As usufructuary, he or his son is considered a trespasser b. As purchaser in good faith from B, A acquires a valid but
d. As usufructuary he is entitled to one half of the treasure if he is voidable title. . (Art. 559)
the finder (Art. 438 and 439) c. C has no cause of action against B because C was not unlawfully
e. The hidden treasure belongs to the owner of the land alone deprived of the ring.
29. Grace was granted by her parents usufruct over a vehicle that she uses in d. Because D received the ring as a gift, D must return it to C.
going to and from her school. She asked you which of the following e. B could not transfer a good title to A because B did not hold a good
usufructuary rights she cannot alienate: title.

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32. Which of the following statements is true? b. None of the choices is correct
a. Possession by a usufructuary of a ring can ripen to ownership c. Non-interruption in favor of the present possessor. (Art. 554)
through acquisitive prescription. d. Continuity of initial good faith (Art. 528)
b. Possession by a co-owner of a ring will ripen to ownership through e. Possession with a just title (Art. 541)
extraordinary acquisitive prescription against his co-owner after 8 35. S is a stone collector. He asks O permission to enter his property and collect
years. rocks that are lying on the surface of the land. O, thinking the rocks have no
c. Possession of the stolen ring by the wife of the thief who died of value, gives S permission. S discovers gold lodes completely buried
COVID 19 may result in ownership through acquisitive prescription. underground and without O's knowledge, digs the rocks and earth out,
d. None of the choices is correct. (Art. 1129 and Art. 1130) extracts the gold, and sells them for a fortune. Several months later, O learns
e. Possession by a thief of a ring may give rise to ownership through of the extraction and sale of the gold. Infuriated, O sues S for the value of the
acquisitive prescription. gold. The most likely result will be:
a. O will win because of the rule that hidden treasure belongs to the
land owner (Art. 437, 438 and 439)
b. None of the choices is correct.
c. S will win because of the rule on lost property
33. A and B own adjoining tracts of land. One day a wild mouse deer from a d. S will win because he had express permission to dig up the rocks.
nearby forest wanders into the property of A. Over the next several months, e. O will win on the theory of constructive possession, because she
A feeds the animal daily and allows her children to go near it. Each evening owns everything under her land.
the mousedeer returns to the forest, but comes back to A's property again 36. With the construction of a new highway traversing the back portion of the
each morning to eat. Six months later, B traps the mousedeer and confines it property of X, his neighbor Y demanded for the extinguishment of the
on his property. A demands return of the animal. Who has a better right over easement of right of way established by agreement allowing X, as dominant
the animal? owner, passage through the adjoining property of Y (servient owner). Y
a. A, because he was unlawfully deprived of the animal. offered to refund the amount paid by X as a consideration for the
b. B, because he has acquired ownership by occupations. (Art. 560 establishment of the easement but the latter contended that he should be
and 713) allowed to continue using the easement because it is more convenient for
c. B, provided A will not claim it within 20 days. him to reach his favorite restaurant across the property of X, rather than
d. A, because he has acquired ownership by occupation. passing through the circuitous nee highway. Which of the following
e. A, because the mousedeer became domesticated animal already. statements is most accurate?
34. The following are presumptions in favor of a possessor under the Civil Code, a. The easement should be extinguished because it is prejudicial to the
except: servient owner.
a. Ownership (Art. 541) b. None of the choices is correct

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c. The easement should be extinguished because there is already c. Real property by incorporation
an adequate outlet for the dominant estate. (Art. 649) d. Personal property by special law or contract.
d. The easement should not be extinguished because it is convenient
for X to go to his favorite restaurant. 40. Santi had an easement of natural drainage over Peter’s land. Sometime
e. The easement should be extinguished because the servient owner is in 1990, Peter constructed a dam which obstructed Santi’s easement. In
willing to refund the indemnity paid by the dominant owner. 2010, Santi filed an action for the destruction of the dam as the latter
37. The following expenses should be refunded to a possessor in bad faith of was a nuisance that could never be legalized. If you were the judge,
parcel of land how would you rule the case? (10 pts.)
a. None of the choices is correct
b. Taxes paid on income from the sale of industrial fruits gathered. If I were a judge, I will rule in favor of santi.
c. Expenses in the construction of a house on the land. Art. 694 and 695 and 697 of the civil code.
d. Expenses in the construction of an irrigation canal
e. Real property taxes. (Art. 452) 41. Mike owns a parcel of residential land in Laguna. Unbeknownst to Mike,
Pedro built a small residential house on said land in 2015. It was only in
2016 when Mike discovered the illegal construction. As Mike was busy,
he tolerated Pedro’s stay in the premises. In 2018, however, Mike
38. Appropriation of waters would require a water permit for the following decided to make use of the land for his growing business. He then sent
purposes, except: a notice to vacate to Pedro which the latter received on December 1,
a. None of the choices is correct 2018. Because Pedro refused to vacate the land, Mike again sent a
b. Irrigation of a farm lot notice to vacate which Pedro received on December 1, 2019.
c. Domestic use of water fetched with a hand-carried receptacle.
(PD 1067, Art. 21) If you were the judge how will you rule if an ejectment case for unlawful
d. Fisheries detainer if filed by Mike against Pedro three month after the latter’s
e. Operation of a recreational resort in a natural lake. receipt of the last notice to vacate? (10 pts.)
39. How will you classify a machinery installed by the lessee on a building he
has constructed on a leased land, if the machinery was mounted on a In favor of Mike.
wooden platform, and there is a stipulation in the contract of lease that the Art. 537 Mere toleration will not equate to ownership.
building shall become the property of the lessor upon the expiration of the
term? 42. Sometime in 2010, John donated a parcel of land to his friend Jenny,
a. Real property by destination with a condition that the latter may not sell or transfer the same for 10
b. Personal property by exclusion (Art 416 par 1)

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years. In 2015, Jenny was dismissed from work. To support herself, 44. About Twelve Years Ago, Jean built a house on Sutherland up to the
Jenny sold the land donated by Johnny to Sonny. Expecting that the boundary line In the presence of Scott, the adjoining owner, Jean
land would later on be inherited by him, Jino, son of Jenny who is of opened several windows with a direct view over Scott’s land. A month
legal age, filed a case for annulment of sale against Sonny on the ago, Scott brought an action against Jean for the closure of the
ground that it violated the condition imposed by John. windows alleging that they violate the law on intermediate distances.
Will Scott’s action prosper? Why or why not? (10 pts.)
If you were the judge, how would you rule? (10 pts.)
Action of scott will not prosper. 10 yrs prescription rule will apply.
Jino may file for annulment of sale on the ground that it violated the conditions of Art. 668 par 1
the sale. Art. 764

45. Anton bought a piece of untitled agricultural land from Bob. Bob, in turn,
acquired the property by forging. Carlo's signature in a deed of sale over
the property. Carlo had been in possession of the property for 10 years, he
declared it for tax purposes, and religiously paid all taxes due on the
property. Anton is not aware of the detect in Bob's title, but has been in
actual physical possession of the property from the time he bought it from
Bob. who had been in possession of the property for 6 years. Anton has
43. In 2019, Sammy purchased ten hectares of undeveloped rural land for
P1,000,000 from Jason who had purchased that land decades ago by since then been in possession of the property for one year and planted
quitclaim deed. Sammy began to fence off the property. Unbeknownst trees on the property.
to either Sammy or Jason, Brady has used the property every April as a a. Can Anton acquire ownership of the property by acquisitive
campsite during his month long vacation for the past 35 years. Every prescription? How many more years does he have to possess it to
June, Brady also taps what rubber trees there are on the land for their acquire ownership? (5%)
sap. Brady now brings an action to quiet title against Sammy. Will his Yes. Art 1138- tacking
action prosper? Why or why not? (10 pts.)
1134-acquisitive prescription
It will not prosper. 35 continuous years will not apply. It is not necessary that the b. If Carlo is able to legally recover his property, can he require Anton
owner steps foot on the property. to remove the trees that were planted and account for all the fruits
Art. 477–Requisites for an action to quiet to title. he has harvested from the property while in possession? (5%)

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Yes. Art 448- removal
Accounting-no.

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