PROPERTY Prof.

Labitag Page 1 of 27

I. DEFINITION OF PROPERTY
a. By Nature those which cannot be moved
from place to place
PROPERTY
Is an economic concept, meaning a mass of things
Art 415, Par 1 Land, buildings, road and constructions of all
useful to human activity and which are necessary
kinds
to life, for which reason they may be organized
Art 415, Par 8 Mines, quarries and slag dumps
and distributed in one way or another, but, always
for the good of the main.
b. By Incorporation
In order that a thing may be considered as
property:
Art 415, Par 2 Trees, plants and growing fruits
o Utility capacity to satisfy human wants
Art 415, Par 3 Everything attached to an immovable
o Individuality or Substantivity an
Art 415, Par 7 Fertilizers
autonomous or separate existence;
materials composing a thing are not thing
c. By Destination
in themselves.
o Appropriability or susceptibility to
Art 415, Par 4 Statues, reliefs, paintings and other objects
appropriation
for use or ornamentation
Art 415, Par 5 Machines, receptacles, implements and
A. Classification under the Civil Code
instruments
Art 415, Par 6 Animal houses, pigeon-houses, beehives,
1. Immovable or Real Property
fishponds and breeding places of similar nature
Art 415, Par 9 Docks and structures
1. Lands, buildings, road and constructions of all
kinds adhered to the soil.
d. By Analogy
2. Trees, plants, growing fruits while they are
attached to the land or form an integral part
Art 415, Par 10 Contracts for public works, servitudes and
of an immovable
other real rights over immovable property
3. Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
Movables or Personal Property
removed without breaking the material or
deterioration of the object
Art 416 The following are things deemed to be movable
4. Statues, reliefs, paintings or other objects for
property:
use or ornamentation, placed in buildings or
(1) Those movables susceptible of appropriation
on lands by the owner of the immovable in
which are not included in the preceding article
such a manner that it reveals the intention to
(2) RP which by any special provision of law is
attach them permanently to the tenements
considered as personalty
5. Machineries, receptacles, instruments and
(3) Forces of nature which are brought under the
implements intended by the owner of the
control by science
tenement for industry or works which may be
(4) In general, all things which can be transported
carried on in a building or on a piece of land,
from place to place without impairment of the real
and which tends directly to meet the needs of
property to which they are fixed (c.f. Art 415 No 3)
the said industry or works
6. Animal houses, pigeon houses, beehives, fish
Art 417 The following are also considered as personal
ponds or breeding places of similar nature, in
property:
case their owner has placed them or
(1) Obligations and actions which have for their
preserves them with the intention to have
objects movables or demandable sums
them permanently attached to the land, and
(2) Shares of stock of agricultural, commercial and
forming a permanent part of it; the animals in
industrial entities, although they may have real
these places are included;
estate
7. Fertilizer actually used on a piece of land
8. Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and
DAVAO SAWMILL v CASTILLO ()
waters either running or stagnant
BERKENKOTER v CU UNJIENG ()
9. Docks and structures which, though floating
LOPEZ v OROSA ()
are intended by their nature and object to
TUMALAD v VICENCIO ()
remain at a fixed place on a river, lake or coast
ASSOCIATED INSURANCE v IYA ()
10. Contract for public works and servitudes and
MAKATI LEASING v WEAREVER ()
other real rights over immovable property
 PROPERTY Prof. Labitag Page 2 of 27

BD. OF ASSESSMENT APPEALS v MERALCO () obligation or upon him by

MERALCO v BD. OF ASSESSMENT APPEALS () duty of reason of a
MERALCO v BD. OF ASSESSMENT APPEALS () respect for juridical tie
CALTEX v BD. OF ASSESSMENT APPEALS () such relation, which binds
BENGUET CORP. v BD. OF ASSESSMENT APPEALS () there being him to the
no particular active
2. Importance and Significance of Classification passive subject),
From point of view of: subject who are
3) Effective determined
i. Criminal Law actions and
ii. Form of contracts involving movables or immovables recognized by specified
iii. Prescription law to protect 2) General
iv. Venue/Jurisdiction such relation obligation on
v. Taxation against the part of
vi. Double Sales under Art 1544 anyone who 3rd persons
may want to to respect
Art 1544 If the same thing should have been sold to disturb it the relation
different vendees, the ownership shall be transferred between the
to the person who may have first taken possession active and
thereof in good faith, if it should be IMMOVABLE passive
PROPERTY. (applies to unregistered lands) subjects
3) Effective
For registered lands: Should it be IMMOVABLE actions in
PROPERTY, the ownership shall belong to the person favor of the
acquiring it who in good faith, first recorded it in the active
Registry of Property. subject
Should there be no inscription, the ownership shall against the
pertain to the person who in good faith was first in the passive
possession; and, in the absence thereof, to the person subject for
who presents the oldest title, provided there is good the
faith. performance
of the
vii. Preference of Credits prestation
viii. Causes of Action to Recover by the latter
or so that
3. Differences between Real Rights and Personal Rights the relation
between
Point of REAL RIGHTS PERSONAL them may
comparison RIGHTS produce its
Definition Power belonging Power belonging natural and
to a person over a to one person to juridical
specific thing, demand to effects
without a passive another, as a Also known as Jus in re Jus ad rem
subject definite passive Number of persons Active subject 1 Definite active
individually subject, the involved in the Passive subject - subject
determined fulfillment of a juridical relation the rest of the Definite passive
against whom prestation to world without subject
such right may be give, to do or not individual
personally to do determination
exercised Object of the Generally a Intangible thing,
Elements 1) Subject and 1) Two juridical relation corporeal thing i.e. the
object subjects: prestation of the
connected by active and debtor
a relation of passive By the manner in Generally affects Indirectly
ownership of (bound to which the will of the thing directly through the
the former perform the active subject prestation of the
over the latter prestation affects the thing debtor
2) A general incumbent related to it
 PROPERTY Prof. Labitag Page 3 of 27

By the causes of By mode and title By title alone

creating the LA BUGAL BLAAN TRIBAL ASSN. v RAMOS (2004)
juridical relation ON RECONSIDERATION (2005)
By the methods of Extinguished by Not extinguished
extinguishment of the loss or by the loss or CHAVEZ v PEA AMARI (2002)
the juridical destruction of the destruction of ON RECONSIDERATION (2003)
relation thing the thing
By the nature of Real actions Only personal USERO v CA (2006)
the actions arising against third actions against
from them persons the definite b. Property of Municipal Corporations
debtor Art 424, Par 1 see above

i. For public use including public works for public

B. Classification by Ownership service

1. Res Nullius does not belong and are not enjoyed 3. Private Property
by anyone e.g. abandoned property and hidden
treasure a. Patrimonial Property of State
Art 421 see above
2. Public Dominion owned by the state but enjoyed
by all its citizens b. Patrimonial Property of Municipal
cf. Patrimonial Property of State Corporations
Art 424, Par 2 see above
Art 419 Property is either of public dominion or private
ownership. c. Private Property of Private Persons
Art 425 Property of private ownership,
Art 420 The following are things of public dominion: besides the patrimonial property of the
(1) Those intended for public use, such as roads, State, provinces, cities and municipalities,
canals, rivers, torrents, ports and bridges, consists of all property belonging to
constructed by the State, banks, shores, private persons, either individually or
roadsteads and other of similar character collectively.
(2) Those which belong to the State, without being for
public use, and are intended for some public TANTOCO v MUNICIPAL COUNCIL ()
service or for the development of national wealth ZAMBOANGA DEL NORTE v CITY OF ZAMBOANGA ()
SALAS v JARENCIO ()
Art 421 All other property of the State, which is not of the CEBU ACETYLENE v BERCILLES ()
character stated in the preceding article, is patrimonial MUNICIPALITY OF SAN MIGUEL v FERNANDEZ ()
property GOVERNMENT v CABANGIS ()
CHAVEZ v PEA AMARI (2002)
Art 422 Property of public dominion, when no longer ON MOTION FOR RECONSIDERATION (2003)
intended for public use or public service, shall form part of
the patrimonial property of the State. 4. Effect and Significance of Classification of Property
as Property of Public Dominion
Art 424 Property for public use, in the provinces, cities, and
municipalities, consists of the provincial roads, city streets, a. Property is outside the commerce of man
municipal streets, the squares, fountains, public waters, b. Property cannot be the subject of
promenades and public works for public service paid for by acquisitive prescription
said provinces, cities, or municipalities. c. Property cannot be attached or levied
All other property possessed by any of them is patrimonial, upon in execution
and shall be governed by this Code, without prejudice to the d. Property cannot be burdened with a
provisions of special laws. voluntary easement

a. Property of State C. Other Classifications

Art 420 Art 421 Art 422 see above
1. By their physical existence
i. For public use a. Corporeal those which are manifest to the
ii. For public service senses, which we may touch or take, which
iii. For development of national wealth
PROPERTY Prof. Labitag Page 4 of 27

exist in space and have a body, whether b. Specific indicates the specie or its nature
animate or inanimate and the individual e.g. white horse of X or
b. Incorporeal personal prestations or acts or house No. 20 at Y Street
services productive of utility. They are not
manifest to the senses but are conceived only 6. By their existence in point of time
by the understanding. They must combine a. Present exist in actuality, either physical or
three requisites: legal e.g. erected building, not that which is
i. External manifested act planned
ii. Personal done by the debtor b. Future do not exist in actuality, but whose
himself existence can reasonably be expected with
iii. Possible when it can be done both more or less probability e.g. ungathered fruits
in nature and in law
7. By reason of contents and constitution
2. By their autonomy or dependence a. Singular
a. Principal those which other things are i. Simple
considered dependent or subordinated e.g. ii. Compound
lands on which a house is built b. Universal when several things collectively
b. Accessory dependent upon or subordinated form a single object in law under one name,
to the principal e.g. house in the preceding which may be in fact e.g. warehouse, herd OR
example in law e.g. inheritance or dowry

3. By their subsistence after use 8. By reason of susceptibility to appropriation

Art 418 Movable property is either consumable or a. Non-appropriable
non-consummable. To the first class belong those b. Appropriable
movables which cannot be used in a manner i. Already appropriated
appropriate to their nature without being ii. Not yet appropriated
consumed. To the second class belong all the
others. 9. By reason of susceptibility to commerce
a. Consumable whose used according to their a. Within the commerce of man
nature destroys the substance of the thing or b. Outside the commerce of man
causes their loss to the owner e.g. food
b. Non-consumable not consumed by use II. OWNERSHIP
Differentiated from Fungible or Non-fungible A. Definition
Fungible depends upon possibility (because of their nature
or the will of the parties) of being substituted by others of OWNERSHIP
the same kind, not having distinct individuality; those which J. B. L. Reyes: It is independent right of exclusive
belong to the common genus which includes several species enjoyment and control of a thing for the purpose
of the same kind, perfectly permitting substitution of one by of deriving therefrom all the advantages required
the others by the:
Non-fungible those which have their own individuality o Reasonable needs of the owner (or
(specifically determined) and do not admit of substitution holder of the right) and
c. Deteriorable or non-deteriorable o Promotion of the general welfare
But subject to the restrictions imposed by:
4. By reason of their susceptibility to division o Law
a. Divisible can be divided physically or o Rights of others
juridically without injury to their nature e.g. Scialoja: It is a relation in private law by virtue of
piece of land, inheritance which is a thing (or property right) pertaining to
b. Indivisible those which cannot be divided one person is completely subjected to his will in
without destroying their nature or rendering everything not prohibited by public law or the
impossible the fulfillment of the juridical concurrence with the rights of another
relation of which they are the object e.g. o Sir actually prefers this definition
horse
B. Bundle of Rights included in Ownership
5. By reason of designation
a. Generic indicates its homogenous nature, Art 429 The owner or lawful possessor of a thing has the
but not the individual e.g. horse, house, dress right to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use such force as
may be reasonably necessary to repel or prevent an actual
PROPERTY Prof. Labitag Page 5 of 27

or threatened unlawful physical invasion or usurpation of o Everything which is produced thereby

his property. (accession discreta)
o Incorporated or attached thereto, either
Jus Utendi right to use and enjoy the property naturally or artificially (accession
without destroying its substance continua)
Jus Abutendi right to use and enjoy by consuming
the thing by its use 7. Right to recover possession and/or ownership (jus
Jus Fruendi right to receive the fruits vindicandi)
Jus Disponendi right to dispose or the power of
the owner to alienate, encumber, transform and a. Available actions to Recover
even destroy the thing owned Possession/Ownership
Jus Vindicandi right to recover a thing
i. For immovable property
C. Other Specific Rights found in the Civil Code 1) Accion reivindicatoria - recovery of dominion of
property as owner; main issue is ownership not merely
1. Right to exclude; self-help; Doctrine of Self-help possession.
Art 429 see above 2) Accion publiciana - plenary action to recover possession
ELEMENTS OF SELF-HELP when owner is dispossessed by any other means than
the grounds for instituting a forcible entry and unlawful
2. Right to enclose or fence detainer case.
Art 430 Every owner may enclose of fence his land 3) Forcible entry - used by person deprived of possession
or tenements by means of walls, ditches, live or through Force, Intimidation, Strategy, Threat or Stealth
dead hedges, or by any other means without (FISTS)
detriment to servitudes consisted thereon. 4) Unlawful detainer - used by lessor/person having legal
right over property when lessee/person withholding
3. Right to receive just compensation in case of property refuses to surrender possession of property
expropriation after expiration of lease/right to hold property (physical
Art 435 No person shall be deprived of his property possession, 1 year from the last date of demand to
except by competent authority and for public use vacate the premises)
and always upon just compensation. 5) Writ of possession
6) Writ of injunction
4. Right to hidden treasure
Art 438 Hidden treasure belongs to the owner of HILARIO v SALVADOR (2005)
the land, buiding or other property on which it is SAMPAYANG v CA (2005)
found. SANTOS v AYON (2005)
Nevertheless, when the discovery is made on the GANILA v CA (2005)
property of another, OR of the State or any of its ROSS RICA SALES CENTER v SPS. ONG (2005)
subdivisions, and by chance thereof shall be PERALTA-LABRADOR v BUARIN (2005)
allowed to the finder. If the finder is a trespasser,
he shall not be entitled to any share of the ii. For movable property
treasure. 1) Replevin
If the things found be of interest to science or the
arts, the State may acquire them at their just price, b. Requisites for recovery
which shall be divided in conformity with the rule Art 434 In an action to recover, the
stated. property must be identified, and the
plaintiff must rely on the strength of his
Art 439 By treasure is understood, for legal title and not on the weakness of the
purposes, any hidden and unknown deposit of defendants claim.
money, jewelry, or other precious objects, the
lawful ownership of which does not appear. i. Identify the property
SERINA v CABALLERO (2004)
5. Right to space and subsoil
Art 437 ii. Prove his right of ownership
rely on the strength of his
6. Right to accession evidence not on the weakness
Art 440 The ownership of property gives the right of defendants
by accession to: PEREZ v MENDOZA (1975)
DIZON v CA (1993)
PROPERTY Prof. Labitag Page 6 of 27

Art 670 Distances for windows, apertures,

D. Limitations of Real Right of Ownership balconies or other similar projection which afford
direct and oblique views
1. General Limitation Art 677 Constructions near fortified places or
a. Police power salus populi suprema est fortresses
lex Art 678 Building of aqueduct, well, sewer, furnace,
Art 436 When any property is chimney, stable, depository of corrosive
condemned or seized by competent substances, machinery or factory
authority in the interest of health, safety Art 679 Planting of trees near a tenement
or security, the owner thereof shall not Art 649 Easement of right of way
be entitled to compensation, UNLESS he Art 652 Acquisition of piece of land without right
can show that such condemnation or of way
seizure is unjustified. Art 637 Receipt of lower estates of waters which
b. Taxation naturally descend from higher estates
c. Eminent domain Art 676 Easement of drainage
Art 435 Art 644 Limitations on the imposition of easement
of aqueduct
2. Specific Limitation Art 684-687 Lateral and subjacent support
a. Legal servitudes
b. Limitations imposed by party transmitting US v CAUSBY ( )
the property LUNOD v MENESES ( )
i. By contract or last will or donation
ii. Stipulation on inalienability III. RIGHTS OF ACCESSION

3. Limitation from scattered provisions of CC A. Concept

Art 440 The ownership of property gives the right by
Art 431 The owner of a thing cannot make use accession to everything which is produced thereby, or
thereof in such manner as to injure the rights of a which is incorporated or attached thereto, either
third person. naturally or artificially.
Sis utere tuo ut
alienum no laedas DEFINITIONS OF ACCESSION
Art 432 The owner of a thing has no right to Tolentino: Right by virtue of which the owner of a
prohibit the interference of another with the thing becomes the owner of everything that the
same, if the interference is necessary to avert an thing may produce or which may be inseparably
imminent danger and threatened damage, united or incorporated thereto, either naturally or
compared to the damage arising to the owner principally.
from the interference is much greater. The owner J. B. L. Reyes: Extension of ownership over a thing
may demand from the person benefited indemnity to whatever is incorporated thereto naturally or
for the damage to him artificially (without or with labor of man)
Act in state of - Incorporation means a stable union or
necessity adherence, not mere juxtaposition
Art 2191 Proprietors shall also be responsible for - Accession is one of the bundle of rights of
damages caused: ownership and is not a mode of acquiring
(1) By the explosion of machinery which has not property
been taken care of with due diligence, and the - It does not depend upon a new title
inflammation of explosive substances which
have not been kept in a safe and adequate B. General Principles of Accession
place
(2) By excessive smoke, which may be harmful to 1. Applicable to BOTH accession discreta and
persons or property accession continua
(3) By the falling of trees situated at or near
highways or lanes, if not caused by force a. Accessory follows the principal (Accessor
majeure siquitur principale)
(4) By emanations from tubes, canals, sewers or b. No one shall be unjustly enriched at the
deposits of infectious matter, constructed expense of another
without precautions suitable to the place
2. Applicable to ACCESSION CONTINUA alone
PROPERTY Prof. Labitag Page 7 of 27

a. Whatever is built, planted or sown on Fruits already gathered: owner has to pay,
the land of another and the accession continua does not apply because fruits
improvements or repairs made thereon, have already been separated from the immovable.
belongs to the owner of the land, subject This provision makes no distinction as to good faith
to the provisions of the following articles. and baith faith.
Art 445
b. All works, sowing and planting are D. Kinds of Accession
presumed made by owner and at his
expense, unless the contrary is proved. 1. Accession Discreta (Fruits)
Art 446
c. Accessory is incorporated to principal Art 440 The ownership of property gives the right by
only when cannot be separated without accession to:
injury to the work constructed or o everything which is produced (accession
destruction to plantings, construction or discreta)
works. 2nd phrase, Art 447 o incorporated or attached thereto, either
d. Bad faith involves liability for damages naturally or artificially (accession
and other dire consequences. continua)
e. Bad faith of one party neutralizes bad
faith of the other. Art 453 a. Natural products of the soil in whose generation
human labor does not intervene
3. Applicable to ACCESSION DISCRETA alone b. Industrial if it implies some kind of cultivation or labor
c. Civil rents of lands and buildings, and certain kinds of
a. Ownership of fruits To owner of incomes obtained from the land or building itself
principal thing belongs the NATURAL,
INDUSTRIAL and CIVIL fruits Art 441 BACHRACH v SEIFERT ( )
BACHRACH v TALISAY ( )
EXCEPTIONS:
iii. Possession in good faith 2. Accession Continua
iv. In usufruct
v. In lease (although civil fruits go to Over Immovables
the owner)
vi. In antichresis 1. Artificial or Industrial Building, Planting, Sowing

C. Obligations of Receiver of Fruits to Pay Expenses by 3rd a. Owner is BPS using material of another (LO-BPS and
person in production, gathering and preservation OM)
Art 447 The LO who makes thereon, personally or
Art 443 He who receives the fruit has the obligation to pay through another, plantings constructions, or works with
the expenses made by a third person in their production, the materials of another, shall pay their value and if he
gathering and preservation. acted in bad faith, he shall also be obliged to the
BASIS: no one may unjustly enrich himself at the reparation of the damages. The OM shall have the right
expense of another to remove them only in case he can do so without
Characteristics of expenses covered: injury to the work constructed, or without the
o Dedicated to the annual production and plantings, constructions or work being destroyed.
not for the improvement of the property However, if the LO acted in bad faith, the OM may
o They must not be unnecessary, excessive remove them in any event, with a right to be
or for pure luxury, but must be of such an indemnified for damages.
amount naturally required by the
condition of the work cultivation made LO in good faith
Even if expenses exceed the value of fruits, owner Acquire BPS by paying the value of materials
must pay expenses just the same, because the law
makes no distinction. He who is entitled to the LO in bad faith
benefits must bear the rishk and losses.
WHAT MAY JUSTIFY NON-PAYMENT OF FRUITS: b. BPS builds, plants or sows on anothers land using his
Owner may permit possessor to complete the own material (LO and BPS-MM)
harvesting of fruits Art 448 The
Fruits not yet gathered and possessor is in bad Art 449 The
faith: owner need not pay (Art 449) Art 450 The
Art 451 The
PROPERTY Prof. Labitag Page 8 of 27

Art 452 The a. Alluvium

Art 453 The Art 457 To the owners of lands adjoining the banks of
Art 454 The rivers belong the accretion which they gradually receive
from the effects of the current of the waters.
BPS in good faith
Art 448 The REQUISITES FOR LAND ACCRETION TO TAKE PLACE
FOR THE BENEFIT OF THE RIPARIAN OWNER
BPS in bad faith (1) Deposit be gradual and imperceptible -
Art 449 The exclusive work of nature
Art 450 The (2) Made through the effects of the current
Art 451 The of the water
(3) The land where accretion takes place is
i. Options open to owner of the land adjacent to the banks of the river
Banks of a river lateral strips or zones of its
1) To acquire building, planting and sowing bend which are washed by the stream only during
BP has right of retention such high floods as do not cause inundations or to
- Retains possession without the point reached by the river at high tide
paying rental When is alluvion formed? When the deposit of
- Not entitled to fruits; his sediment has reached a level higher than the
rights are the same as an highest level of water during the year.
antichretic creditor Alluvion belongs to riparian owner from the time
that the deposit created by the current of the
2) To sell land to BP OR to lease land to S water becomes manifest
BP may refuse if value of land
considerably more than BP; REPUBLIC v CA ( )
then forced lease by LO and BP GRANDE v CA ( )
BPS in bad faith MENESES ( )

ii. Rights of BPS in bad faith b. Avulsion

Art 452 The Art 459 Whenever the current of a river, creek or
Art 443 The torrent segregates from an estate on its bank a known
portion of land and transfers it to another estate, the
Landowner in bad faith but BPS in good faith owner of the land to which the segregated portion
Art 454 belonged retains ownership of it, provided that he
Art 447 removes the same within 2 years.
Reason for adverting to rule in Art 447
NAVARRO ( )
c. BPS builds, plants or sows on anothers land with
materials owned by 3rd persons c. Change of Course of River
Art 455 The Art 461 The
Art 462 The
N.B.: Good faith does not exclude negligence Art 463 The
Art 456 The
BAES v CA ( )
BERNARDO v BATACLAN ( ) BINALAY v MANALO
IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( ) d. Formation of Islands
DEPRA v DUMLAO ( ) Art 461 The
TECHNOGAS PHIL v CA ( ) Art 462 The
ORTIZ v KAYANAN ( ) Art 463 The
GEMINIANO v CA ( ) Art 464 The
PLEASANTVILLE DEVT CORP v CA ( ) Art 465 The
FELICES v IRIOLA ( ) See PD 1067
SPOUSES NUGUID v CA (1993)
SPOUSES NUGUID v CA (2005) 3. Reverse Accession
Art 120, FC The
2. Natural (Accession Continua Natural) Art 321, CC The
PROPERTY Prof. Labitag Page 9 of 27

Over Movables nevertheless impair or affect injuriously the title to

the property.
1. Conjunction and Adjunction It must have a prima facie appearance of validity or
legal efficacy.
a. Inclusion or Engraftment Cloud on a title must have a semblance of validity
which appears in some legal form but which is in
b. Soldadura or Soldering fact unfounded.
i. Plumbatura different metals Invalidity or inoperativeness must be proven by an
ii. Ferruminatio same metal extrinsic evidence.

c. Tejido or Weaving B. Prescription of Action to Quiet Title

d. Escritura or Writing If plaintiff is in possession: imprescriptible

If plaintiff is not in possession: prescribes within
e. Pintura or Painting period of filing accion publiciana, accion
reivindicatoria
2. Commixtion and Confusion
OLVIGA v CA (1993)
SIARI VALLEY ESTATES v LUCASAN (1955) PINGOL v CA (1993)
SANTOS v BERNABE ()
C. Who are Entitled to Bring Action?
3. Specification Rule 64, Sec. 1, Par 2, Rules of Court The

IV. QUIETING OF TITLE D. Notes

A. Differences between Action to Quiet Title and Action: 1. There is a cloud on title to real property or any interest
to real property.
Action to Quiet Title Action to Remove a Cloud Art 476 Whenever there is a cloud on title to real
property OR any interest therein, by reason of any
Substantially an action for Procure the cancellation,
instrument, record, claim, encumbrance, or proceeding
the purpose of putting an delivery of, release of an
which is apparently valid or effective but is in truth and
end to vexatious litigation in instrument, encumbrance or
in fact invalid, ineffective, voidable or unenforceable,
respect to the property claim constituting a claim on
and may be prejudicial to said title, an action may be
involved the plaintiffs title and which
brought to remove such cloud or to quiet the title.
may be used to injure or vex
An action may also be brought to prevent a cloud from
him in the enjoyment of his
being cast upon title to real property or any interest
title
therein.
Plaintiff asserts his own Plaintiff not only declares his
2. Plaintiff has legal or equitable title to or interest in the
estate and declares own title but also avers the
subject/real property.
generally that defendant source and nature of the
3. Instrument record claim, etc must be valid and binding
claims some estate in the defendants claim, points out
on its face, but in truth and in fact, invalid, ineffective,
land, without defining it and its defect, and prays that it
voidable or unenforceable.
avers that the claim is be declared void
4. Plaintiff must return benefits received from defendant.
without foundation and
calls on the defendant to set
TITONG v CA (1998)
forth the nature of his claim
so that it may be
5. Actions to quiet title are proceedings quasi in rem.
determined by decree
SPS. PORTIC v CRISTOBAL (2005)
Action to Quiet Title Action to Prevent a Cloud
Relief is granted if the V. CO-OWNERSHIP
threatened or anticipated
cloud is one which if it
existed, would be removed by A. Definition
suit to quit title
CO-OWNERSHIP
Cloud on a title an outstanding instrument, The right of common dominion which two or more
record, claim, incumbrance or proceeding which is persons have a spiritual part (or ideal portion) or a
actually invalid or inoperative, but which may thing which is not physically divided.
PROPERTY Prof. Labitag Page 10 of 27

viii. Occupation
B. Characteristics of co-ownership
PUNZALAN v BOON LIAT ( )
1. There is plurality of owners, but only one real right of
ownership. ix. Condominium Law
2. The recognition of ideal shares, defined but not Sec 6 (c), RA 4726
physically identified.
3. Each co-owner has absolute control over his ideal 2. Contracts
share.
4. Mutual respect among co-owners in regard to use and a. By agreement
enjoyment and preservation of thing as a whole. Duration of co-ownership: Art 494

PARDELL v BARTOLOME ( ) b. Universal partnership

Art 1778
C. Differences between Co-ownership and Joint Tenancy Art 1779
Art 1780
Co-ownership Joint Tenancy
c. Associations and societies with secret articles
Art 1775
D. Differences between Co-ownership and Partnership
F. Rights of each co-owner as to the thing owned in
Co-ownership Partnership common

1. To use the thing according to the purpose intended

GATCHALIAN v COLLECTOR ( ) may be altered by agreement, express or implied,
provided:
E. Source of Co-ownership a. It is without injury or prejudice to interest of
co-ownership and;
1. Law b. Without preventing the use of other co-
owners
i. Cohabitation Art 486
Art 147, FC
Art 148, FC PARDELL v BARTOLOME ( )
Art 90
2. To share in the benefits in proportion to his interest,
ii. Purchase provided the charges are borne by each in the same
Art 1452 proportion
Art 485
iii. Succession
Intestate: Art 1452 Contrary stipulation is void
Testate: Property is given to 2 or more Presumption is that portions are equal unless
heirs contrary is proved

iv. Donation 3. Each co-owner may bring an action in ejectment

Art 753 Art 487
Art 573, 2nd Par
RESUENA v CA (2005)
v. Chance ACABAL v ACABAL (2005)
Art 472
4. To compel other co-owner to contribute:
SIARI VALLEY ESTATE v LUCASAN () a. to expenses for preservation of the thing or
right owned in common
vi. Hidden treasure b. to payment of taxes
Art 348 Art 488

vii. Easement of party wall Co-owners option not to contribute by

Art 658 waiving his undivided interest equal to
amount of contribution dacion en pago
PROPERTY Prof. Labitag Page 11 of 27

Exception: if waiver is prejudicial to co- VDA DE APE v CA (2005)

ownership
Requisites before repairs for preservation may 9. Other cases where legal right of redemption is given
be made or expenses for embellishment or Art 1621
improvement may be made Art 1622
Art 489
Effects of failure to notify co-owners HALILI v CA (1998)
FRANCISCO v BOISER (2000)
5. To oppose any act of alteration
G. Implications of co-owners right over his ideal share
Remedy of other co-owners re acts of alteration
Art 491 1. Co-owner has the right:

ACTS OF ALTERATION a. To share in fruits and benefits

b. To alienate, mortgage or encumber and dispose of
a. Concept his ideal share
Any change injurious to the thing owned BUT: Other co-owners may exercise right of legal
in common or to the rights of other co- redemption
owners or c. To substitute another person in the enjoyment of
Any change material to the use, thing
destination or state of thing which act is d. To renounce part of his interest to reimburse
in violation of the express or tacit necessary expenses incurred by another owner
agreement of the co-owners Art 488

b. Distinguished from acts of administration 2. Effect of transaction by each co-owner

Art 492
a. Limited to his share in the partition
Acts of Alteration Acts of Administration b. Transferee does not acquire any specific portion of
whole property until partition
c. Creditors of co-owners may intervene in partition
c. Effect of acts of alteration and remedies or attack the same if prejudicial
of non-consenting co-owner Art 499
EXCEPT that creditors cannot ask for rescission
QUERY: Is lease of real property owned in common an act even if not notified in the absence of fraud
of alteration? Art 497
Art 647
in relation to Art 1878 (8) CARVAJAL v CA ()
PAMPLONA v MORETO ()
6. To protect against acts of majority which are prejudicial CASTRO v ATIENZA ()
to minority ESTOQUE v PAJIMULA ()
Art 492, 3rd Par DIVERSIFIED CREDIT v ROSADO ()
PNB v CA ()
LAVADIA v COSME ()
MELENCIO v DY TIAO LAY () H. Rules on co-ownership not applicable to conjugal
TUASON v TUASON () partnership of gains or absolute community of
property
7. To exercise legal redemption
Art 1620 I. Special rules on co-ownership of different stories of a
Art 1623 house as differentiated from provisions of
Condominium Law (Act No. 4726)
MARIANO v CA ()
VERDAD v CA () 1. Concept of Condominium

8. To ask for partition 2. Essential requisites for Condominium

Art 494
3. Rights and obligations of Condominium owner
RAMIREZ v RAMIREZ ()
AGUILAR v CA (1993) SUNSENT VIEW CONDOMINIUM v JUDGE CAMPOS (1981)
PROPERTY Prof. Labitag Page 12 of 27

b. Effect of partition
J. Extinguishment of co-ownership Art 1091
Art 543
1. Total destruction of thing Art 1092
Art 1093
2. Merger of all interests in one person Art 499
Art 500
3. Acquisitive prescription Art 501

a. By a third person c. Right of creditors of individual co-owners

b. By one co-owner as against the other co-owners Art 497
REQUISITES - Unequivocal acts of:
i. Unequivocal acts of repudiation d. Procedure for partition
of co-ownership (acts Rule 69, Rules of Court
amounting to ouster of other
co-owners) known to other co- VI. POSSESSION
owners and shown by clear and
convincing evidence A. Definition and Concept
ii. Open and adverse possession,
not mere silent possession for POSSESSION
the required period of
Is the holding of a thing OR the enjoyment of a
extraordinary acquisitive
right, whether by material occupation or by the
prescription
fact that the thing or the right is subjected to the
iii. The presumption is that
action of our will
possession by co-owner is not
It is a real right independent of and apart from
adverse
ownership i.e. the right of possession (jus
possessionis) as distinguished from the right to
CAPITLE v DE GABAN (2004)
possess (jus possidendi)
4. Partition or division
B. Essential Requisites of Possession
a. Right to ask for partition at any time, EXCEPT:
1. Holding or control of a thing or right (corpus)
consists of either
i. When there is a stipulation against it
(should not be over 10 years)
a. The material or physical holding or occupation
Art
either
b. Exercise of a right
ii. When condition of indivision is imposed
c. Constructive possession (intention to possess
by transferor (donor or testator) not
is very crucial)
exceeding 20 years
Art 494
RAMOS v DIRECTOR OF LANDS ( )
DIRECTOR v CA ( )
iii. When the legal nature of community
prevents partition (party wall)
2. Intention to possess (animus possidendi)
Art
C. Degrees of Holding of Possession
iv. When partition is generally prohibited by
law
1. Mere holding or possession without title whatsoever
E.g. absolute community of property
and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land
v. When partition would render the thing
unserviceable (but the thing may be sold
2. Possession with a juridical title, but not that of
and co-owners divide the proceeds)
ownership
Art 494
E.g. possession of tenant, depository agent, bailee,
Action for partition will fail if
trustee, lessee, antichretic creditor.
acquisitive prescription has set
This degree of possession will never ripen into full
in
ownership as long as there is no repudiation of
concept under which property is held.
PROPERTY Prof. Labitag Page 13 of 27

1) Traditio brevi manu thing is

3. Possession with a just title or title sufficient to transfer already in transferees hands
ownership, but not from the true owner E.g. under a contract
E.g. possession of a vendee from vendor who pretends of lease, then
to be the owner delivered under a sale
This degree of possession ripens into full 2) Traditio constitutum
ownership by lapse of time. possessorium thing remains in
transferors hands
4. Possession with a just title from the true owner E.g. sale, then retained
The delivery of possession transfers ownership, under a commodatum
and strictly speaking, is the jus possidendi.
c. Proper acts and legal formalities
D. Cases of Possession Refers to the acquisition of possession
by:
1. Possession for oneself or possession exercised in ones - Sufficient title
own name and possession in the name of another - Inter vivos
Art 524 - Mortis causa
- Lucrative or onerous
2. Possession in the concept of an owner and possession Includes traditio longa manu and
in the concept of a mere holder with the ownership tradition simbolica, donations, succession
belonging to another (testate or intestate), contracts, judicial
Art 525 writs of possession, writ of execution of
judgments, execution and registration of
3. Possession in good faith and possession in bad faith public instruments
Art 526
BANCO ESPANOL FILIPINO v PETERSON ( )
PLEASANTVILLE DEVT CORP v CA ( )
2. By whom possession be acquired
a. Mistake upon a doubtful or difficult Art 532
question of law as a basis of good faith
a. By same person
KASILAG v ROQUE (1939) ELEMENTS OF PERSONAL ACQUISITION
1. Capacity to
E. What things or rights may be possessed acquire
possession
Art 530 Only things or rights susceptible of appropriation 2. Intention to
may be the object of possession possess
3. Possibility of
F. What may not be possessed by private persons acquiring
possession
1. Res Communes b. By his legal representatives
REQUISITES
2. Property of public dominion
c. By his agent
3. Right under discontinuous and/or non-apparent
easement d. By any person without any power whatsoever but
subject to ratification, without prejudice to the
proper case of negotiorum gestio
G. Acquisition of Possession Art 2144
Art 4129
1. Ways of acquiring possession Art 2150
Art 531
e. Qualifiedly, minors and incapacitated persons
a. Material occupation of the thing Art 535

b. Subject to the action of our will 3. What do not affect possession

i. Doctrine of constructive possession Art 537
ii. Includes constructive delivery Art 1119
PROPERTY Prof. Labitag Page 14 of 27

a. Acts merely tolerated iii. Accion reivindicatoria recovery of

Art 537 ownership, including the right to possess

MACASAET v MACASAET (2004) iv. Action for replevin possession or ownership

for movable property
b. Acts executed clandestinely and without the
knowledge of the possessor b. Lawful possessor can employ self-help
Art 537 Art 429

c. Acts by violence as long as possessor objects 2. Entitlement to fruits possessor in good faith/bad
thereto (i.e. he files a case) faith
Art 536 Art 544
Art 549
CUAYCONG v BENEDICTO ()
ASTUDILLO v PHHC () 3. Reimbursement for expenses possessor in good
PERAN v CFI () faith/bad faith
Liability for loss or deterioration of property by
4. Rule to solve conflict of possession possessor in bad faith
Art 538 Art 553
Art 552
GENERAL RULE: Possession cannot be recognized in two
different personalities. 4. Possession of movable acquired in good faith (in
EXCEPTION: In cases of co-possession by co-possessors concept of owner) is equivalent to title
without conflicting claims or interest Art 559
Possessor has actual title which is defeasible only
In case of conflicting possession, preference is given to: by true owner
a. Present possessor or actual possessor One who has lost a movable or has been
b. If there are 2 or more possessors, the one longer unlawfully deprived thereof may recover it but
in possession without reimbursement
c. If dates of possession are the same, the one who EXCEPT: If possessor acquired it at a public sale
presents a title
d. If all conditions are equal, the thing shall be placed I. Effect of possession in the concept of an owner
in judicial deposit pending determination of
possession or ownership through proper 1. Possession may by lapse of time ripen into full
proceedings ownership, subject to certain exceptions.

H. Effects of Possession 2. Presumption of just title and cannot be obliged to show

or prove it
1. In general, every possessor has a right to be respected Art 541
in his possession; if disturbed therein, possessor has EXCEPTION: Art 1131
right to be protected in or restored to said possession
Art 539 3. Possessor may bring all actions necessary to protect his
possession except accion reivindicatoria
a. Actions to recover possession
4. May employ self-help under Art 429
i. Accion interdictal or Summary proceedings
forcible entry and unlawful detainer 5. Possessor may ask for inscription of such real right of
- Plaintiff may ask for writ of preliminary possession in the Registry of Property
mandatory injunction
- Within 10 days from the filing of 6. Has rights to fruits and reimbursements for expenses
complaint in forcible entry (assuming he is a possessor in good faith)
Art 539
7. Upon recovery of possession which he has been
YU v HONRADO ( ) unlawfully deprived, may demand fruits and damages

ii. Accion publiciana based on superior right of

possession, not ownership
PROPERTY Prof. Labitag Page 15 of 27

8. Generally, he can do on the things possessed Art 541

everything that the law authorizes the owner to do cf. Art 1141
until he is ousted by the one who has a better right
K. Possession may be lost by
9. Possession in good faith and possession in bad faith
Art 528 1. Abandonment
Mistake upon a doubtful or difficult 2. Assignment, either onerous or gratuitous
question of law as a basis of good faith 3. Destruction or total loss of thing or it goes out of
Art 526, Par 3 commerce
4. Possession by another; if possession has lasted longer
J. Presumptions in favor of the possessor than one year; real right of possession not lost until
after 10 years
1. Of good faith until the contrary is proved Subject to Art 537 (on acts merely tolerated, etc)
Art 528

2. Of continuity of initial good faith in which possession

was commenced or possession in good faith does not
lose his character except in the case and from the
moment possessor became aware or is not unaware of VII. USUFRUCT
improper or wrongful possession
Art 528
A. Concept
CORDERO v CABRAL ( )
Art 562
3. Of enjoyment of possession in the same character in
USUFRUCT
which possession was acquired until contrary is proved
Is a real right, temporary in character that
Art 529
authorizes the holder to enjoy all the advantages
derived from a normal exploitation of anothers
4. Of non-interruption of possession in favor of present
property, according to its destination or purpose,
possessor who proves possession at a previous time
and imposes an obligation of restoring at the time
until the contrary is proved
specified, either the thing itself or its equivalent.
Art 554
Art 1120
B. Historical Considerations
Art 1121
Art 1122
C. Characteristics of Usufruct
Art 1123
Art 1124
D. Usufruct Distinguished from Lease; from Servitude
5. Of continuous possession or non-interruption of
Usufruct Lease
possession of which he was wrongfully deprived for all
purposes favorable to him
Art 561
Usufruct Servitude
6. Other presumptions with respect to specific properties
of property rights
E. Classes of Usufruct
a. Of extension of possession of real property to
all movables contained therein so long as it is 1. By origin
not shown that they should be excluded
Art 426 a. Voluntary
b. Legal
b. Non-interruption of possession of hereditary Art 321
property Art 226, FC
Art 533 c. Mixed
Art 1078
2. By person enjoying the right of usufruct
c. Of just title in favor of possessor in concept of
owner a. Simple
b. Multiple
PROPERTY Prof. Labitag Page 16 of 27

i. Simultaneous Art 572

ii. Succession Limitations
Limitation on successive usufruct Liability of usufructuary
Art 756 Art 590
Art 863 Exceptions to right of leasing the thing
Art 869
FABIE v DAVID ()
3. By object of usufruct
c. Right to improve the thing
a. Rights Art 579
Art 574
b. Things 2. As to the legal right of usufruct itself
i. Normal
ii. Abnormal, irregular or quasi-usufruct a. Right to mortgage
Right of usufruct
Art 572
4. By the extent of usufruct
b. Right to alienate the usufruct
a. As to the fruits EXCEPT:
i. Total In purely personal usufructs
ii. Partial When title constituting it prohibits the
Art 598 same

b. As to object G. Rights of Naked Owner

i. Singular
ii. Universal 1. At the beginning, during, and termination of usufruct
Art 595 (See obligations of usufructuary at the beginning of the
usufruct)
Subject to provisions of:
Art 758 2. During the usufruct
Art 759 a. Retains title to the thing or property
b. He may alienate the property
5. By the terms of the usufruct Limitations:
Art 564 Art 581

a. Pure H. Obligations of Usufructuary

b. Conditional
c. With a term (period) 1. At the beginning of usufruct or before exercising the
usufruct
F. Rights of Usufructuary
a. To make inventory
1. As to the thing and its fruit Art 583

a. Right to possess and enjoy the thing itself, its fruits i. REQUISITES OF INVENTORY
and accessions 1) Immovables described
Fruits consist of natural, industrial and civil 2) Movables appraised
fruits
As to hidden treasure, usufructuary is ii. EXCEPTION TO REQUIREMENT OF INVENTORY
considered a stranger 1) No one will be injured thereby
Art 566 Art 585
Art 436 2) Title constituting usufruct excused
Fruits pending at the beginning of usufruct the making of inventory
Art 567 3) Title constituting usufruct already
Civil fruits makes an inventory
Art 569
Art 588 b. To give a bond for the faithful performance of
duties as usufructuary
b. Right to lease the thing
PROPERTY Prof. Labitag Page 17 of 27

i. No bond are required in the following: Art 602

1) No prejudice would result
Art 585 g. To answer for fault or negligence of alienee, lessee
2) Usufruct is reserved by donor or agent of usufructuary
Art 584 Art 590
3) Title constituting usufruct excused
usufructuary 3. At the time of termination of the usufruct
4) If usufructuary takes possession
under a caucion juratoria a. To deliver the thing in usufruct to the owner in the
condition in which he has received it, after
ii. Effect of filing a bond undertaking ordinary repairs
Art 588 EXCEPTION: abnormal usufruct

iii. Effect of failure to give bond I. Special Cases of Usufruct

Art 586
Art 599 1. Usufruct over a pension or periodical income
Art 570
2. During the usufruct
2. Usufruct of property owned in common
a. To take care of the thing like a good father of a Art 582
family
Art 589 3. Usufruct of head of cattle
Art 591
Effect of failure to comply with obligation
Art 610 4. Usufruct over vineyards and woodlands
Art 575
b. To undertake ordinary repairs Art 576
Art 592
ORDINARY REPAIRS 5. Usufruct on a right of action
Art 578
c. To notify owner of need to undertake extra-
ordinary repairs 6. Usufruct on mortgaged property
Art 593 Art 600
EXTRA-ORDINARY REPAIRS
1) Concept of extraordinary repairs 7. Usufruct over an entire patrimony
2) Naked owner obliged to undertake them Art 598
but when made by owner, usufructuary Liability of usufructuary for debts
pays legal interest on the amount while
usufruct lasts 8. Usufruct over deteriorable property
Art 594, 1st Par Art 578
3) Naked owner cannot be compelled to
undertake extraordinary repairs 9. Usufruct over consumable property (or quasi-usufruct)
If indispensable and owner fails to Art 574
undertake extraordinary repairs, it
may be made by usufructuary; J. Extinguishment of Usufruct
Repairs usufructuary rights Art 603
Art 594, 2nd Par
1. Death of usufructuary
d. To pay for annual charges and taxes on the fruits EXCEPTION: unless a contrary intention clearly appeals

BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v 2. Expiration of period or fulfillment of resolutory
SAMAR MINING COMPANY INC () condition imposed on usufruct by person constituting
the usufruct
e. To notify owner of any act detrimental to Time may elapse before a third person attains a
ownership certain age, even if the latter dies before period
Art 601 expires unless granted only in consideration of
his existence
f. To shoulder the costs of litigation re usufruct Art 606
PROPERTY Prof. Labitag Page 18 of 27

1. If building forms part of an immovable under

BALURAN v NAVARRO () usufruct
NHA v CA () i. If owner does not rebuild, usufruct
BULACAN GARDEN CORP v MANILA SEEDLING BANK () continues over the land and
materials
ii. If owner rebuilds, usufructuary must
3. Merger of rights of usufruct and naked ownership in allow owner to occupy the land and
one person to make use of materials, but value
of both land and materials (____???)
4. Renunciation of usufruct
a. Limitations 6. Termination of right of person constituting the usufruct
b. Must be express
c. If made in fraud of creditors, waiver may be 7. Prescription
rescinded by them through action under Art 1381
Cases covered:
5. Extinction or loss of property a. If third party acquires ownership of thing or
property in usufruct
a. If destroyed property is insured before the b. Right of ownership lost through prescription
termination of the usufruct c. Right of usufruct not began within prescriptive
Art 608 period
d. If there is a tacit abandonment or non-user of
1. When insurance premium paid by owner and thing held in usufruct for required period
usufructuary
Art 608, 1st Par 8. What do not cause extinguishment of usufruct
i. If owner rebuilds, usufruct subsists
on new building a. Expropriation of thing in usufruct
ii. If owner does not rebuild, interest Art 609
upon insurance proceeds paid to
usufructuary b. Bad use of thing in usufruct
Art 810
2. When the insurance taken by owner only Owners right
because usufructuary refuses
Art 608, 2nd Par c. Usufruct over a building
i. Owner entitled to insurance money Art 607
(no interest paid to usufructuary) Art 608
ii. If he does not rebuild, usufruct
continues over remaining land VIII. EASEMENTS OR SERVITUDES
and/or owner may pay interest on
value of both A. Definition
Art 607
iii. If owner rebuilds, usufruct does not EASEMENT or REAL SERVITUDES
continue on new building, but owner Is a real right which burdens a thing with a
must pay interest on value on land prestation consisting of determinate servitudes for
and old materials the exclusive enjoyment of a person who is not its
owner or of a tenement belonging to another,
3. When insurance taken by usufructuary only Is the real right over an immovable by nature i.e.
depends on value of usufructuarys insurable land and buildings, by virtue of which the owner of
interest (not provided for in the Civil Code) the same has to abstain from doing or to allow
i. Insurance proceeds to usufructuary somebody else to do something in his property for
ii. No obligation to rebuild the benefit of another thing or person.
iii. Usufruct continues on the land
iv. Owner does not share in insurance B. Essential feature of easements/real
proceeds servitudes/praedial servitudes

b. If destroyed property is not insured 9. It is a real right, i.e. it gives an action in rem or real
Art 607 action against any possessor of servient estate.
PROPERTY Prof. Labitag Page 19 of 27

10. It is a right enjoyed over another property (jus in re

aliena or a right in the property of another) i.e. it 2. As to course or origin
cannot exist in ones own property (nemini nulli res sua
servit or no one can have servitude on a property of a. Legal, whether for public use or for the interest of
his own). private persons
Art 634
11. It is a right constituted over an immovable by nature b. Voluntary
(land and buildings), not over immovables.
3. As to its exercise
12. It limits the servient owners right of ownership for the Art 615
benefit of the dominant estate Right of limited use,
but no right to possess servient estate. Being an a. Continuous
abnormal limitation of ownership, it cannot be b. Discontinuous
presumed.
4. As indication of its existence
13. It creates a relation between tenements. Art 615

14. It cannot consists in requiring the owner of the servient a. Apparent

estate to do an act (servitus in faciendo consistere b. Non-apparent
nequit or servitudes may not impose positive acts)
unless the act is accessory to a praedial servitude 5. By the object or obligation imposed
(obligation propter rem) Art 616

15. Generally, it may consist in the owner of the dominant a. Positive

estate demanding that the owner of the servient estate b. Negative
refrain from doing something (servitus in non Prescription starts to run from service of
faciendo), or that the latter permit that something be notarial prohibition
done over the servient property (servitus in patendo),
but not in the right to demand that the owner of the D. General rules relating to servitudes
servient estate to do something (servitus in faciendo)
EXCEPT if such act is an accessory obligation to a 1. No one can have a servitude over his own property
praedial servitude (obligation propter rem) (nulli res sua servit)
2. A servitude cannot consist in doing (servitus in faciendo
CHARACTERISTICS OF EASEMENTS (Nos. 8-11) consistere nequit)
3. There cannot be a servitude over another servitude
16. It is inherent or inseparable from estate to which they (servitus servitudes esse non potest)
actively or passively belong. 4. A servitude must be exercised civiliter, i.e. in a way
Art 617 least burdensome to the owner of the land.
5. A servitude must have a perpetual cause.
17. It is intransmissible, i.e. it cannot be alienated
separately from the tenement affected, or benefited. E. Modes of acquiring easements

18. It is indivisible. NORTH NEGROS v HIDALGO ()

Art 616
1. By title
19. It has permanence, i.e. once it attaches, whether used Juridical act which give rise to the servitude e.g.
or not, it continues and may be used anytime. law, donations, contracts or wills

C. Classification of Servitudes DUMANGAS v BISHOP OF JARO ()

1. As to recipient of benefits a. If easement has been acquired but no proof of

existence of easement available, and easement is
a. Real or Praedial one that cannot be acquired by prescription,
b. Personal then
N.B.: Under Roman Law, usufruct together with i. May be cured by deed of recognition by
usus habitatio, and operae servorum were owner of servient estate
classified as personal servitude] ii. By final judgment
Art 614
PROPERTY Prof. Labitag Page 20 of 27

iii. Existence of an apparent sign considered Art 630

a title
Art 624 b. To change the place and manner of use the
easement
AMOR v FLORENTINO () Art 629, 2nd Par

2. By prescription 4. Obligations of the servient estate

RONQUILLO v ROCO () a. Not to impair the use of the easement

Art 628, 1st Par
F. Rights and obligations of owners of dominant and
servient estates b. To contribute proportionately to expenses if
he uses the easement
Dominant Estate Art 628, 2nd Par

1. Right of owner of dominant estate G. Modes of extinguishment of easements

a. To use the easement Art 631 Easements are extinguished by:

Art 626
To exercise all rights necessary for the use of 1. Merger in the same person of the ownership of the
the easement dominant and servient estates
Art 625 Must be absolute, perfect and definite, not merely
b. To do, at his expense, all necessary works for temporary
the use and preservation of the easement
Art 627 2. Non-user for 10 years
c. In a right of way, to ask for change in width of a. Computation of the period
easement sufficient for needs of dominant i. Discontinuous easements counted
estate from the day they ceased to be used
Art 651 ii. Continuous easements counted
from the day an act adverse to the
DE LUNA v ENCARNACION () exercise took place
b. The use by a co-owner of the dominant estate
2. Obligations of the owner of dominant estate bars prescription with respect to the others
Art 633
a. To use the easement for benefit of immovable c. Servitudes not yet exercised cannot be
and in the manner originally established extinguished by non-use
Art 626
b. To notify owner of servient estate before 3. Extinguishment by impossibility of use
making repairs and to make repairs in a
manner least inconvenient to servient estate 4. Expiration of the term or fulfillment of resolutory
Art 627 condition
c. Not to alter easement or render it more
burdensome 5. Renunciation of the owner of dominant estate
Art 627 Must be specific, clear, express (distinguished from
non-user)
VALDERRAMA v NORTH NEGROS ()
6. Redemption agreed upon between the owners
d. To contribute to expenses of works necessary
for use and preservation of servitude, if there 7. Other causes not mentioned in Art 631
are several dominant estates, unless he a. Annulment or rescission of the title
renounces his interest constituting the easement
Art 628 b. Termination of the right of grantor
c. Abandonment of the servient estate
Servient Estate d. Eminent domain
e. Special cause for extinction of legal easement
3. Rights of owner of servient estate of rights of way; if right of way no longer
necessary
a. To retain ownership and use of his property
PROPERTY Prof. Labitag Page 21 of 27

Art 653
H. Legal Easements Art 654
Art 655
1. Law governing legal easements Art 656
Art 657
a. For public easements
i. Special laws and regulations relating QUIMEN v CA (1996)
thereto CHAN v CA ()
1) PD 1067 Water Code LA VISTA ASSN v CA (1997)
2) PD 705 Forestry Reform Code VDA. DE BELTAZAr v CA ()
ii. Provisions of Chapter 2, Title VII, Book II SPS. DELA CRUZ v RAMISCAL (2005)
of CC (Legal Easements)
c) The easement of party wall
b. For private legal easements
i. By agreement of the interested parties Art 658
whenever the law does not prohibit it Art 659
and no injury is suffered by a 3rd person Art 660
ii. By the provisions of Chapter 2, Title VII, Art 661
Book II of CC (Legal Easements) Art 662
Art 663
2. Private legal easements provided for by the New Civil Art 664
Code Art 665
Art 666
a) Those established for the use of water or
easements relating to waters d) The easement of light and view

1) Natural drainage of waters Art 667

Art 637 Art 668
Art 669
ONGSIAKO v ONGSIAKO () Art 670
Art 671
2) Easements on lands along riverbanks Art 672
Art 638 Art 673
See Water Code
e) The easement of drainage of buildings
3) Abutment of a dam
Art 639 Art 674
Art 675
4) Aqueduct Art 676
Art 642
Art 643 f) The easement of distance for certain constructions
Art 644
Art 645 Art 677
Art 646 Art 678
Art 679
5) Drawing waters and watering animals Art 680
Art 640 Art 681
Art 641
g) The easement against nuisances
6) Stop lock or sluice gate
Art 649 Art 682
Art 683
b) The easement of right of way
h) The easement of lateral and subjacent supports
Art 649
Art 650 Art 684
Art 651 Art 685
Art 652 Art 686
PROPERTY Prof. Labitag Page 22 of 27

Art 687 REQUISITES:

(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
BOOK III DIFFERENT MODES OF ACQUIRING (3) Intention (of both grantor and grantee)
OWNERSHIP (4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically,
symbolically or legally
Mode and Title Differentiated
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia
MODE
rerum transferentur (Not by mere agreement, but by
The specific cause which produces dominion and
delivery, is ownership transferred.)
other real rights as a result of the co-existence of
special status of things, capacity and intention of
KINDS OF TRADITION
persons and fulfillment of requisites of law
b. Real tradition
Proximate cause
c. Constructive tradition
i. Symbolical delivery
TITLE
ii. Delivery of public
Every juridical right which gives a means to the
instrument
acquisition of real rights but which in itself is
iii. Traditio longamanu
insufficient
iv. Traditio brevi manu
Remote cause v. Traditio constitutum
possessorium
Modes of Acquiring Ownership vi. Quasi-tradition
vii. Tradition by operation
ORIGINAL MODES of law
Which produce the acquisition of ownership Occupation
independent of any pre-existing right of another
person, hence, free from any burdens or a. Not applicable to ownership of a piece of land
encumbrances Art 714

a. Occupation b. Privilege to hunt and fish regulated by special law

b. Intellectual creation Art 715

DERIVATIVE MODES c. Occupation of a swarm of bees or domesticated

Based on a right previously held by another person animals
and therefore, subject to the same characteristics, Art 716
powers, burden etc as when held by previous Art 560
owner
Law - e.g. d. Pigeons and fish
o Registration under Act 496 Art 717
o Estoppel of title
Art 1434 e. Hidden treasure
o Marriage under ACP Art 718
o Hidden treasure Art 438
o Accession Art 439
Art 445
o Change in rivers course f. Lost movables
Art 461 Art 719
o Accession continua over movables Art 720
Art 466
Art 6681 Procedure after finding lost movables
Art 1456
Art 120 Intellectual creation
Intellectual Property Code (RA 8293)
a) Donation
b) Succession Intellectual Property Rights (IPR):
c) Prescription a. Copyright & related rights
d) Tradition b. Trademarks & service marks
PROPERTY Prof. Labitag Page 23 of 27

c. Geographic indications ii. Sub-modo or modal E.g.

d. Industrial designs imposes a prestation upon
e. Patents donee as to how property
f. Topographies of integrated circuits donated will be applied
g. Rights of performers, producers of sound Art 882
recordings & broadcasting orgs iii. Mixed donations negotium
h. Protection of undisclosed information mixtum cum donatione e.g. sale
i. Laws repealed by the IPC for price lower than value of
Sec 239 All acts and part of acts inconsistent with property
Intellectual Property Code, particularly:
PD 49 Intellectual 3. As to effectivity or extinguishment
Property Decree, a. Pure
including PD 285 as b. Conditional
amended Art 730
RA 165, as amended Art 731
Patent Law EFFECT OF AN IMPOSSIBLE
RA 166, as amended CONDITION:
Arts 188 and 189 of c. With a term
the RPC
4. Importance of classification
DONATION a. As to form
b. As to governing rules
c. As to impossible conditions
Nature of donation Art 727
A bilateral contract creating unilateral obligations Art 1183
on donors part
5. Characteristics of a donation mortis causa
Requisites of donation a. Convey no title or ownership before donors
death
a. Consent and capacity of the parties b. Before donors death, transfer is revocable
b. Animus donandi (causa) c. Transfer is void if donor survives donee
c. Delivery of the thing donated
d. Form as prescribed by law 6. Distinction between donation mortis causa and
donation inter vivos
NOTE a. What is important is the time of transfer of
There must be impoverishment (in fact) of donors ownership even if transfer of property
patrimony and enrichment on part of donee donated may be subject to a condition or a
term
Kinds of donation b. Importance of classification validity and
revocation of donation
1. As to its taking effect
a. Inter vivos Who may not give or receive donations
Art 729
Art 730 Art 735
Art 731 Art 737
b. Mortis causa Art 738
Art 728 Art 741
c. Propter nuptias Art 742
Art 82, FC
Art 87, FC Who may give or receive donations

2. As to cause or consideration Art 736

a. Simple Art 739
b. Remuneratory Art 1027
c. Onerous imposes a burden inferior to the Art 1032
value of property donated Art 740
i. Improper burden equal in Art 743
value to property donated Art 744
PROPERTY Prof. Labitag Page 24 of 27

Acceptance of donation b. Donations propter nuptias by an ascendant

consisting of jewelry, furniture or clothing not
1. Who may accept to exceed 1/10 of disposable portion
Art 745 Art 1070
Art 747
3. What may not be donated
2. Time of acceptance
a. of donation inter vivos a. Future property
Art 746 Art 751 Anything which donor cannot dispose
b. of donation mortis causa of at the time of donation
EXCEPTION
Form of donations Marriage settlements of future spouses
only in event of death to extent laid down
1. Personal property in CC re: testamentary succession
Art 748 Art 84, FC
Art 130 CC
2. Real property
Art 749 Effect of donation

3. Rules in Art 748 and Art 749 not applicable to: A. In general
a. Onerous donations
b. Modal donations SHOPPERS PARADISE REALTY v ROQUE (2004)
c. Mortis causa donations
d. Donations propter nuptias 1. Donee may demand actual delivery of thing
donated
What may be donated
2. Donee is subrogated to rights of donor in property
1. All present property, or part thereof, of donor donated
Art 754
a. PROVIDED, he reserves in full ownership or
usufruct, sufficient means for support of 3. Donor not obliged to warrant things donated,
himself and all relatives entitled to be EXCEPT in onerous donations in which case donor
supported by donor at the time of acceptance is liable for eviction up to the extent of burden
Art 750 Art 754

b. PROVIDED, that no person may give or 4. Donor is liable for eviction or hidden defects in
receive, by way of donation, more than he case of bad faith on his part
may give or receive by will Art 754
Art 752
5. In donations propter nuptias, donor must release
Also, reserves property sufficient to pay property donated from mortgages and other
donors debts contracted before donation, encumbrances, unless contrary has been
otherwise, donation is in fraud of creditors stipulated
Art 759 Art 131, CC
Art 1387
6. Donations to several donees jointly - no right of
accretion, EXCEPT
2. If donation exceeds the disposable or free portion of his a. Donor provides otherwise
estate, donation is inofficious b. Donation to husband and wife jointly with
right of accretion (jus accrescendi) UNLESS
EXCEPTIONS donor provides otherwise
Art 753
a. Donations provided for in marriage
settlements between future spouses not B. Special provisions
more than 1/5 of present property
Art 84, FC 1. Reservation by donor of power to dispose (in
Art 130, CC whole or in part) or to encumber property donated
PROPERTY Prof. Labitag Page 25 of 27

Art 755 b. Time to file action for revocation

2. Donation of naked ownership to one donee and Art 769
usufruct to another
Art 756 c. Who may file
3. Conventional reversion in favor of donor or other Art 770
person
Art 757 d. Effect of revocation
4. Payment of donors debt
Art 758 On alienation and mortgages
a. If expressly stipulated Art 766
o Donee to pay only debts contracted Art 767
before the donation, UNLESS specified
otherwise 2. Violation of condition
o But in no case shall donee be responsible
for debts exceeding the value of property a. Prescription of action
donated, UNLESS clearly intended
b. If there is no stipulation b. Transmissibility of action
o Donee answerable only for donors debt
only in case of donation is in fraud of YULO AND SONS v ROMAN CATHOLIC BISHOP OF SAN
creditors PABLO (2005)
5. Illegal or impossible conditions
Art 727 3. Effect of revocation or reduction
Art 1183
Art 762
Revocation and Reduction of Donations Art 764 Par 2
Art 767
A. Revocation distinguished from reduction of donations
4. Effect as to fruits
Revocation Reduction
Art 768

B. Causes of Reduction/Revocation
LEASE
1. Inofficiousness of donation
Art 752
A. General characteristics of every lease
Art 771
Art 773
1. Temporary duration
Art 911
2. Onerous
Art 912
3. Price is fixed according to contract duration
a. Who may ask for reduction
B. Kinds of leases
Art 772
1. Lease of things movables and immovables
b. Rule applied: If disposable portion is not
sufficient to cover 2 or more donation
2. Lease of work or contract of labor
Art 773
Art 1700
Art 1701
2. Subsequent birth, reappearance of child or
Art 1702
adoption of minor by donor
Art 1703
Art 760
Art 1704
Art 1705
C. Revocation only
Art 1706
Art 1707
1. Ingratitude Art 1708
Art 1709
a. Causes Art 1710
Art 765 Art 1711
Art 1712
PROPERTY Prof. Labitag Page 26 of 27

Art 1763
3. Lease of services
C. Lease of things
a. Household service
1. Concept
b. Contract for a piece of work Art 1643
Art 1713
Art 1714 2. Consumable things cannot be the subject matter of
Art 1715 lease
Art 1716 EXCEPT
Art 1717 Art 1645
Art 1718 a. Consumable only for display or advertising
Art 1719 (Lease ad pompam et ostentationem)
Art 1720 b. Goods are accessory to an industrial establishment
Art 1721
Art 1722 3. Special characteristics of lease of things
Art 1723 a. Essential purpose is to transmit the use and
Art 1724 enjoyment of a thing
Art 1725 b. Consensual
Art 1726 c. Onerous
Art 1727 d. Price fixed in relation to period of use or
Art 1728 enjoyment
Art 1729 e. Temporary
Art 1730
Art 1731 4. Lease distinguished from Sale, Usufruct, Commodatum

c. Lease of services of common carriers 5. Period of lease cannot be perpetual

Art 1732
Art 1733 a. Definite period not more than 99 years
Art 1734 b. Indefinite period
Art 1735 i. Rural land
Art 1736 Art 1682
Art 1737 ii. Urban land
Art 1738 Art 1687
Art 1739
Art 1740 6. Assignment of lease
Art 1741 Art 1649
Art 1742
Art 1743 7. Sublease
Art 1744 Art 1650
Art 1745
Art 1746 a. House Rental Law (RA 9653)
Art 1747
Art 1748 b. Obligation of sublessee to lessor
Art 1749 Art 1651
Art 1750 For rents
Art 1751 Art 1652
Art 1752
Art 1753 8. Rights and obligations of lessor and lessee
Art 1754
Art 1755 a. Obligations of a lessor
Art 1756 Art 1654
Art 1757 Art 1661
Art 1758
Art 1759 b. Obligations of lessee
Art 1760 Art 1657
Art 1761 Art 1662
Art 1762 Art 1663
PROPERTY Prof. Labitag Page 27 of 27

Art 1665 Art 1670

Art 1668 Art 1682
Art 1667 Art 1687
Art 1675
c. Right of lessee to suspend payment of rentals
Art 1658 12. Right of purchase of leased land
Art 1676
d. Right to ask for rescission Art 1677
Art 1659
Art 1660 13. Useful improvements in good faith made by lessee
Art 1678
e. Lessor not obliged to answer for mere act of
trespass by a 3rd person 14. Special provisions for leases of rural lands
Art 1664 Art 1680
Art 1681
9. Grounds for ejectment of lessee by lessor Art 1682
Art 1673 Art 1683
Art 1684
Note the grounds under the House Rental Law. Art 1685
QUERY: Are they still effective?
15. Special provisions for leases of urban lands
10. Right to ask for writ of preliminary mandatory Art 1686
injunction in unlawful detainer cases Art 1687
Art 1674 Art 1688
Art 539, Par 2

11. Implied extension of lease