26 2005 CENTRALIZED BAR OPERATIONS

PROPERTY
PROPERTY their owner has placed or preserved
 All things which are, or may be the them, with the intention to have
object of appropriation them permanently attached to the
land, and forming a permanent part
 Requisites: (USA) of it; the animals in those places are
1. utility included;
2. substantivity or individuality 8. fertilizer actually used on a piece of
3. appropriability land;
9. mines, quarries and slag dumps,
I. while the matter thereof forms part
A. IMMOVABLE PROPERTIES of the bed, and waters either
1. land, buildings, roads and running or stagnant;
constructions of all kinds adhered to 10. docks and structures which, though
the soil; floating, are intended by their
2. trees, plants and growing fruits, nature and object to remain at a
while they are attached to the land fixed place on a river, lake or coast;
or form an integral part of an and
immovable; 11. contracts for public works, and
3. everything attached to an servitudes and other real rights over
immovable in a fixed manner in such immovable property
a way that it cannot be separated
therefrom without breaking the  Categories: (NIDA)
material or deterioration of the 1. Real by nature – it cannot be
object; carried from place to place
4. statues, reliefs, paintings or other (pars. 1 & 8, Art. 415, Civil
objects for use or ornamentation, Code)
placed in buildings or on lands by the 2. Real by incorporation – attached
owner of the immovable in such a to an immovable in a fixed
manner that it reveals the intention manner to be an integral part
to attach them permanently to the thereof (pars. 1-3 Art. 415, Civil
tenements; Code)
5. machinery, receptacles, instruments 3. Real by destination – placed in a
or implements intended by the n immovable for the utility it
owner of the tenement for an gives to the activity carried
industry or works which may be thereon (pars. 4-7 and 9 Art.
carried on in a building or on a piece 415, Civil Code)
of land, and which tend directly to 4. By analogy it is so classified by
meet the needs of the said industry express provision of law (par. 10,
or works; Art. 415, Civil Code)
Requisites:
a. made by owner B.MOVABLE PROPERTIES
b. industry or works carried on
building or on land 1. those movables susceptible of
c. machines, etc must tend directly appropriation which are not included
to meet needs of the industry or in the preceding article;
works 2. real property which by any special
d. machines, etc. must be essential provision of law is considered as
and principal elements of the personalty;
industry. 3. forces of nature which are brought
6. animal houses, pigeon-houses, under control of science;
7. beehives, fishponds or breeding 4. in general, all things which can be
places of similar nature, in case transported from place to place

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 27

MEMORY AID IN CIVIL LAW

without impairment of the real 1) They continue to be regarded

property to which they are fixed; as immovables.
5. obligations and actions which have 2) Fact of separation determines
for their object movables or the condition of the objects
demandable sums; and thus recovering their condition
6. shares of stock of agricultural, as movables.
commercial and industrial entities, * the latter view is supported by
although they have real estate. Paras and Tolentino who maintains
that the failure of the codifiers to
TESTS: reproduce the provision of the
a) By exclusion: movables are partidas on the matter is an
everything not included in Art. 415. indication that they did not intend
b) By description: an object is movable the rule to continue.
if it possesses: f) A building that is to be sold or
1) Ability to change location mortgaged and which would be
2) Without substantial injury to the immediately demolished may be
immovable to which it is considered personal property and the
attached. sale or mortgage thereof would be a sale
of chattel, or a chattel mortgage
Important Doctrines/principles on respectively, for the true object of the
immovable and movable properties: contract would be the materials.
a) A Building is an immovable even if
not erected by the owner of the II.
land. The only criterion is union or A. PROPERTY OF PUBLIC DOMINION
incorporation with the soil. (Ladera  Concept: It is not owned by the
vs. Hodges, 48 O.G. 4374). state but pertains to the state,
b) Parties to a contract may by which, as territorial sovereign
agreement treat as personal exercises certain juridical
properties that which by nature prerogatives over such property.
would be real property; and it is a The ownership of such properties is
familiar phenomenon to see things in the social group, whether
classes as real property for purposes national, provincial or municipal.
of taxation which on general  Purpose: To serve the citizens and
principle might be considered not the state as a juridical person.
personal property (Standard Oil Co.  Kinds:
vs. Jaranillo, 44 Phil 631). 1. Those intended for public use
c) For purposes of attachment and 2. Those which are not for public
execution and for purposes of the use but intended for public
Chattel Mortgage Law, ungathered service
products have the nature of personal 3. Those intended for the
property. (Sibal vs. Valdez, 50 Phil, development of the national
512). wealth
d) The human body, whether alive or  CHARACTERISTICS:
dead, is neither real nor personal 1. Outside the commerce of man
property, for it is not even property 2. Inalienable. But when no longer
at all, in that it generally cannot be needed for public use or service,
appropriated. Under certain may be declared patrimonial
conditions, the body of a person or property. In Laurel vs. Garcia
parts thereof may be subject matter (187 SCRA 797), the Supreme
of a transaction. (See RA No. 349, RA Court held that “whether or not
No. 7170, RA No. 7719). the Roppongi and related
e) What is the effect of temporary properties will eventually be
separation of movables from the sold is a policy determination
immovables to which they have been where both the President and
attached? Congress must concur”.
2 Views:

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
28 2005 CENTRALIZED BAR OPERATIONS

3. Cannot be acquired by the State and any of its political

prescription subdivisions which are patrimonial in
4. Not subject to attachment or nature
execution  Muebles or furniture generally has
5. Cannot be burdened with for its principal object the furnishing
easements or ornamenting of a building. Note
that there are exceptions to this
NOTE: They cannot be registered under definition and are generally not
the land registration law and be the included as furniture unless the law
subject of a Torrens title. The character or the individual’s declaration
of public property is not affected by include them.
possession or even a Torrens Title in
favor of private persons. (Palanca vs. OWNERSHIP
Commonwealth, 69 Phil. 449).  The right to enjoy, dispose, and
recover a thing without further
B. PATRIMONIAL PROPERTY OF THE limitations than those established by
STATE law or the will of the owner.
 Property of the State owned by it in
its private or proprietary capacity.  Rights included:
 the state has the same rights over 1. Right to enjoy: (PUFA)
this kind of property as a private a) to possess (jus possidendi)
individual in relation to his own b) to use (jus utendi)
private property c) to the fruits (jus fruendi)
and accessions
C. PROPERTY OF LOCAL GOVERNMENT d) to abuse (jus abutendi)
UNITS (LGUs) 2. Right to dispose: (DATE)
1. Property for public use – consist of a) to destroy
roads, streets, squares, fountains, b) to alienate
public waters, promenades and c) to transform
public works for public service paid d) to encumber
for by the LGUs 3. Right to vindicate: (RP)
2. Patrimonial Property – all other a) pursuit
property possessed by LGUs without b) recovery
prejudice to provisions of special 4. Right to exclude: (ER)
laws a) to enclose, fence and delimit
b) to repel intrusions even with
NOTE: In the case of Province of force
Zamboanga Del Norte vs. City of
Zamboanga, the Supreme Court  Characteristics: (EGEIP)
categorically stated that “this court is 1. Ownership is Elastic – power/s may
not inclined to hold that municipal be reduced and thereafter
property held and devoted to public automatically recovered upon the
service is in the same category as cessation of the limiting rights.
ordinary private property. The 2. General – the right to make use of
classification of municipal property all the possibilities or utility of the
devoted for distinctly governmental thing owned, except those attached
purposes as public should prevail over to other real rights existing thereon.
the Civil Code in this particular case”. 3. Exclusive – there can only be one
Here, the Law of Municipal Corporations ownership over a thing at a time.
was considered as a special law in the There may be two or more owners
context of Article 424 of the NCC. but ONLY ONE ownership.
4. Independence – It exists without
D. PROPERTY OF PRIVATE OWNERSHIP necessity of any other right
 refers to all property belonging to 5. Perpetuity – ownership lasts as long
private persons either individually or as the thing exists. It cannot be
collectively and those belonging to extinguished by non user but only by
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 29

MEMORY AID IN CIVIL LAW

adverse possession. 2. Real Property:

 Limitations: a. ACCION INTERDICTAL
1. General limitations imposed by the  Nature: summary action to
State for its benefit recover physical or material
2. Specific limitations imposed by law possession only. It consists of
3. Limitations imposed by the party the summary actions of:
transmitting the property either by 1. Forcible entry
contract or by will  Action for recovery of
4. Limitations imposed by the owner material possession of real
himself property when a person
5. Inherent limitations arising from originally in possession was
conflict with other rights deprived thereof by force,
intimidation, strategy,
De Facto case of Eminent Domain threat or stealth
 expropriation resulting from the 2. Unlawful Detainer
actions of nature as in one case  Action for recovery of
where land becomes part of one sea. possession of any land or
The owner loses his property in favor building by landlord, vendor,
of the state without any vendee, or other person
compensation. against whom the possession
of the same was unlawfully
Principle of Self-Help withheld after the expiration
 right of the owner or lawful or termination of the right to
possessor to exclude any person from hold possession, by virtue of
the enjoyment and disposal of the any contract.
property by the use of such force as
may be necessary to repel or prevent Forcible Entry Unlawful
actual or threatened unlawful Detainer
physical invasion or usurpation of his As to when possession became unlawful
property. Possession of the Possession is
 Requisites: (RONA) defendant is inceptively lawful
1. reasonable force unlawful from the but becomes illegal
2. owner or lawful possessor is the beginning as he from the time
person who will exercise acquires defendant
possession by unlawfully
3. no delay in one’s exercise Force, withholds
4. actual or threatened physical intimidation, possession after
invasion or usurpation strategy, threat the expiration or
or stealth termination of his
GENERAL RULE: A person cannot right thereto.
interfere with the right of ownership of As to the necessity of demand
another. No previous Demand is
EXCEPTION: Doctrine of Incomplete demand for the jurisdictional if the
Privilege or State of Necessity (Article defendant to ground is non-
432) vacate is payment of rentals
necessary or failure to
 Requisites: (ID)
comply with the
1. Interference necessary lease contract
2. Damage to another much greater
than damage to property As to necessity of proof of prior
physical possession
LEGAL REMEDIES TO RECOVER Plaintiff must Plaintiff need not
POSSESSION OF ONE’S PROPERTY prove that he was have been in prior
1. Personal property: Replevin in prior physical physical possession
 REPLEVIN - remedy when the possession of the
complaint prays for the recovery of premises until he
was deprived
the possession of personal property.
thereof by the

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
30 2005 CENTRALIZED BAR OPERATIONS

defendant 5. The finder is not an agent of the

As to when the 1 year period is counted landowner;
from 6. The finder is not married under
1 year period is 1 year period is the absolute community or the
generally counted counted from the conjugal partnership system
from the date of date of last (otherwise his share belongs to
actual entry on demand or last
the land letter of demand
the community).

ACCESSION
b. ACCION PUBLICIANA
 The right by virtue of which the
 Nature: Ordinary civil
owner of a thing becomes the owner
proceeding to recover the better
of everything that it may produce or
right of possession, except in
which may be inseparably united or
cases of forcible entry and
incorporated thereto, either
unlawful detainer. The involved
naturally or artificially.
is not possession de facto but
possession de jure.
 Classifications:
1. Accession Discreta – the right
c. ACCION REIVINDICATORIA
pertaining to the owner of a thing over
 Nature: action to recover real
everything produced thereby
property based on ownership.
Here, the object is the recovery
Kinds of Fruits
of the dominion over the
a. natural fruits – spontaneous
property as owner.
products of the soil and the
 Requisites:
young and other products of
1. Identity of the Property
animals
2. Plaintiff’s title to the
b. industrial fruits – those produced
property
by lands of any kind through
cultivation or labor
Surface Rights
c. civil fruits – rents of buildings,
 The owner of parcel of land is the
price of leases or lands and the
owner of its surface and everything
amount of perpetual or life
under it.
annuities or other similar income
 The economic utility which such
space or subsoil offers to the owner
of the surface sets the limit of the GENERAL RULE: To the owner
owner’s right to the same. belongs the natural, industrial, and
civil fruits.
HIDDEN TREASURE EXCEPTIONS: If the thing is: (PULA)
 Definition: any hidden or unknown a) in possession of a possessor in
deposit of money, jewelry or other good faith;
precious objects, the lawful b) subject to a usufruct;
ownership of which does not appear. c) leased or pledged; or
GENERAL RULE: It belongs to the owner d) in possession of an antichretic
of the land, building or other property creditor
on which it is found.
EXCEPTIONS: The finder is entitled to 2. Accession Continua – the right
½ provided: pertaining to the owner of a thing over
1. Discovery was made on the everything that is incorporated or
property of another, or of the attached thereto either naturally or
state or any of its political artificially; by external forces.
subdivisions; a. With respect to real property
2. The finding was made by chance; i. accession industrial
3. The finder is not a co-owner of  building, planting or sowing
the property where it is found; ii. accession natural
4. The finder is not a trespasser;  alluvium, avulsion, change
of river course, and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 31

MEMORY AID IN CIVIL LAW

formation of islands e) The provision on indemnity in Art.

b. With respect to personal 448 may be applied by analogy
property considering that the primary intent
i. adjunction or conjuction of the law is to avoid a state of
ii. commixtion or confusion forced co-ownership especially
iii specification where the parties in the main agree
that Articles 448 and 546 are
Basic Principles: (GONE BAD) applicable and indemnity for the
1. He who is in good faith may be held improvements may be paid although
responsible but will not be they differ as to the basis of the
penalized. indemnity. (Pecson vs. CA 244 SCRA
2. To the owner of a thing belongs the 407).
extension or increase of such thing.
3. Bad faith of one party neutralizes ACCESSION NATURAL
the bad faith of the other. 1. Alluvion or alluvium – increment
4. There should be no unjust which lands abutting rivers gradually
enrichment at the expense of receive as a result of the current of
others. the waters.
5. Bad faith involves liability for  Concept: it is the gradual
damages. deposit of sediment by the
6. Accessory follows the principal. natural action of a current of
7. Accession exists only if the fresh water (not sea water, the
original identity of the deposit
incorporation is such that separation
being lost.
would either seriously damage the
thing or diminish its value.
 Requisites:
a)the deposit be gradual and
Right of Accession with respect to
imperceptible
Immovable Property
b) that it be made through the
NOTE: See TABLES
effects of the current of the
water
 Important Doctrines/Principles:
c)that the land where accretion
a) Under Art 448, the landowner may
takes place is adjacent to the
not refuse both to pay for the
banks of the river.
building and to sell the land and
NOTES:
instead seek to compel the owner of
the building to remove the building  The owners of the lands adjoining
from the land. He is entitled to such the banks of the river (riparian
removal ONLY when, after having lands) shall own the accretion which
chosen to sell the land, the other they gradually receive.
party fails to pay for said land.  Accretion operates ipso jure.
(Ignacio vs. Hilario, 76 Phil. 605) However, the additional area is not
b) Should no other arrangement be covered by a Torrens title and the
agreed upon, the owner of the land riparian owner must register the
does not automatically become the additional area.
owner of the improvement.
(Filipinas Colleges, Inc. vs. Timbang,  Doctrines:
106 Phil. 247) a) Where the deposit is by sea
c) Article 448 is not applicable where a water, it belongs to the state
person constructs a house on his own b) A gradual change of bed is also
land and then sells the land, not the governed by the rules of
building. (Coleongco vs. Regalado, alluvium (Canas vs. Tuason 5
27 Phil 387) Phil. 689)
d) Article 448 does not apply to cases
which are governed by other 2. Avulsion – the transfer of a known
provisions of law such as co- portion of land from one tenement
ownership, usufruct, agency, lease. to another by the force of the

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
32 2005 CENTRALIZED BAR OPERATIONS

current. The portion of land must NOTES:

be such that it can be identified as  Once the river bed has been
coming from a definite tenement. abandoned, the owners of the
invaded land become owners of the
 Requisites: abandoned bed to the extent
a) The segregation and transfer provided by this article. No positive
must be caused by the current of act is needed on their part, as it is
a river, creek or torrent. subject thereto ipso jure from the
b) The segregation and transfer moment the mode of acquisition
must be sudden or abrupt becomes evident.
c) The portion of land transported  It does not apply to cases where the
must be known or identified river simply dries up because there
are no persons whose lands are
NOTES: occupied by the waters of the river.
 The owner must remove the
transported portion within two years 4. Formation of Islands
to retain ownership  RULES ON OWNERSHIP
 In case of uprooted trees, the owner a. If formed by the sea:
retains ownership if he makes a 1) within territorial waters -
claim within 6 months. This refers State
only to uprooted trees and does not 2) outside territorial waters –
include trees which remain planted to the first occupant
on a known portion of land carried b. If formed in lakes, or navigable
by the force of the waters. In this or floatable rivers - State
latter case, the trees are regarded c. If formed on non-navigable or
as accessions of the land through non-floatable rivers:
gradual changes in the course of 1) if nearer to one margin or
adjoining stream. (Payatas vs. bank – to the nearer reparian
Tuazon) owner
 Registration under the Torrens 2) if equidistant from both
system does not protect the riparian banks- to the reparian
owner against diminution of the area owners, by halves.
of his land through gradual changes NOTE: There is no accession when
in the course of adjoining stream islands are formed by the branching of a
(Payatas vs. Tuazon). river; the owner retains ownership of the
isolated piece of land.
Alluvium Avulsion
1. gradual and 1. sudden or Right of Accession with respect to
imperceptible abrupt process movable property
2. soil cannot be 2. identifiable and  Basic Principle: Accession exists
identified verifiable only if separation is not feasible.
3. belongs to the 3. belongs to the Otherwise, separation may be
owner of the owner from whose demanded.
property to which property it was
it is attached detached  KINDS (accession continua as to
4. merely an 4. detachment fol-
movables):
attach-ment lowed by
attachment
1. Adjunction
 the union of two things
belonging to different owners, in
3. Change of course of rivers
such a manner that they cannot
 Requisites:
be separated without injury,
a) There must be a natural change
thereby forming a single object.
in the course of the waters of
 Requisites
the river
a) the two things must belong to
b) The change must be abrupt or
different owners
sudden
b) that they form a single object,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 33

MEMORY AID IN CIVIL LAW

or that their separation would an interest in proportion to the

impair their nature value of his material
 Kinds: b. By one owner in good faith:
a. inclusion or engraftment apply rule(a)
b. soldadura or soldering c. By one owner in bad faith:
c. escritura or writing i) he loses all his rights to his
d. pintura or painting own material
e. tejido or weaving ii) he is liable for damages
 Tests to determine principal:
a. the “rule of importance and 3. Specification
purpose  It is the transformation of another’s
b. that of greater value material by the application of labor.
c. that of greater volume The material becomes a thing of
d. that of greater merits different kind.
 Labor is the principal
 Rules:
a) Adjunction in good faith by either
 Rules:
owner:
a) Owner of the principal (worker)
GENERAL RULE: accessory follows
in good faith:
the principal.
i) maker acquires the new
EXCEPTIONS if the accessory is
thing
much more precious than the
ii) he must indemnify the owner
principal, the owner of the accessory
of the material
may demand the separation even if
EXCEPTION: if the material is
the principal suffers some injury
more valuable than the resulting
b) Adjunction in bad faith by the
thing, the owner of the material
owner of the principal
has the option:
 option of the owner of the
1) to acquire the work,
accessory:
indemnifying for the labor,
i) to recover the value plus
or
damages
2) to demand indemnity for the
ii) to demand separation plus
material
damages
b) owner of the principal (worker)
c) Adjunction in bad faith by the
in bad faith: the owner of the
owner of the accessory
material has the option:
i) he loses the accessory
i) to acquire the result without
ii) he is liable for damages
indemnity
 When separation of things ii) to demand indemnity for the
allowed: material plus damages
a. separation without injury c) Owner of the material in bad
b. accessory is more precious faith
than the principal i) he loses the material
c. owner of the principal acted ii) he is liable for damages
in bad faith
2. Mixture Adjunction Mixture Specification
 Union of materials where the 1. Involves Involves at May involve
components lose their identity. at least 2 least 2 one thing (or
 Kinds: things things more) but
a. Commixtion – mixture of form is
changed
solids
b. Confusion – mixture of 2. Accessory Co- Accessory
liquids follows the ownership follows the
principal results principal
 Rules: 3. Things Things The new
joined retain mixed or object retains
a. By the will of both owners or by
their nature confused or preserves
accident: each owner acquires may either the nature of

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
34 2005 CENTRALIZED BAR OPERATIONS

retain or the original b) to mere written or oral assertions

lose their object. of claims; EXCEPT:
respective i) if made in a legal proceeding
natures ii) if it is being asserted that
the instrument or entry in
QUIETING OF TITLE plaintiff’s favor is not what
 It is an equitable action in rem to it purports to be
determine the condition of the c) to boundary disputes
ownership or the rights to d) to deeds by strangers to the title
immovable property, and remove UNLESS purporting to convey the
doubts thereon. property of the plaintiff
e) to instruments invalid on their
 Requisites: face
1. plaintiff must have a legal or f) where the validity of the
equitable title to, or interest in the instrument involves pure
real property which is the subject questions of law
matter of the action;
2. there must be a cloud in such title; Ruinous Buildings and Trees in Danger
3. such cloud must be due to some of Falling:
instrument, record, claim,  As to buildings – the owners is
encumbrance or proceeding which is
obliged to demolish or execute
apparently valid but is in truth
necessary work to prevent the
invalid, ineffective, voidable or
building from falling. Should he fail
unenforceable, and is prejudicial to
to do so, the authorities shall order
the plaintiff’s title; and
its demolition at the expense of the
4. plaintiff must return to the
owner, or take measures to insure
defendant all benefits he may have
public safety.
received from the latter, or
reimburse him for expenses that may  The complainant must show that his
have redounded to his benefit. property is adjacent to the
dangerous construction, or must
 Prescriptive Period: have to pass by necessity in the
1. plaintiff in possession – immediate vicinity.
imprescriptible  The owner is responsible for
2. plaintiff not in possession – 10 damages to others due to lack of
(ordinary) or 30 years (extraordinary) necessary repairs. However, if the
damage is caused by defects in the
Action to quiet Action to construction, then the builder is
title remove a cloud responsible for the damages.
on title
PURPOSE CO-OWNERSHIP
to put an end to to remove a  Definition: the right of common
troublesome possible foundation dominion which two or more persons
litigation in for a future hostile have in a spiritual part of a thing
respect to the claim which is not physically divided.
property involved  Concept: co-ownership exists where
NATURE OF THE ACTION the ownership of a thing physically
remedial action Preventive action undivided pertains to more than one
involving a present to prevent a future person.
adverse claim cloud on the title

 The action to quiet title does not  Characteristics:

apply: a)plurality of subjects (the co-
a) to questions involving owners)
interpretation of documents b) there is a single object which is
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 35

MEMORY AID IN CIVIL LAW

not materially divided 9. An agreement to 9. There may be

c)there is no mutual representation keep the thing agreement as to a
by the co-owners undivided for a definite term without
d) it exist for the common period of more than limit set by law
10 years is void
enjoyment of the co-owners
e) it has no distinct legal
personality  Rules:
f) it is governed first of all by the 1. Rights of each co-owner as to the
contract of the parties; thing owned in common: USBRAP-
otherwise, by special legal LDP
provisions, and in default of such a) To use the thing owned in
provisions, by the provisions of common
Title III on co-ownership  Limitations:
i) use according to the purpose
 Sources: for which it was intended
1. Law ii) interest of the co-ownership
2. Contract must not be prejudiced
3. Chance iii) other co-owners must not be
4. Occupation prevented from using it
5. Succession according to their own
6. Testamentary disposition or rights
donation inter vivos b) To share in the benefits and
charges in proportion to the
interest of each.
Co-ownership Partnership
1. Can be created 1. Can be created
NOTE: Any stipulation to the
without the only by contract, contrary is void.
formalities of a express or implied c) To the benefits of prescription:
contract prescription by one co-owner
2. Has no juridical or 2. Has juridical benefits all.
legal personality personality distinct d) Repairs and taxes: to compel the
from the partners others to share in the expenses
3. Purpose is 3. Purpose is to of preservation even if incurred
collective enjoyment obtain profits without prior notice.
of the thing
NOTE: The co-owner being
4. Co-owner can 4. A partner, unless
compelled may exempt himself from
dispose of his shares authorized cannot
without the consent dispose of his share the payment of taxes and expenses
of the others with and substitute by renouncing his share equivalent
the another as a partner to such taxes and expenses. The
transferee in his place value of the property at the time of
automatically the renunciation will be the basis of
becoming a co-owner the portion to be renounced.
5. There is no mutual 5. A partner can e) Alterations: to oppose
representation generally bind the alterations made without the
partnership
consent of all, even if beneficial.
6. Distribution of 6. Distribution of
NOTES:
profits must be profits is subject to
proportional to the the stipulation of the  Alteration is an act by virtue of
respective interests parties which a co-owner changes the
of the co-owners thing from the state in which the
7. A co-ownership is 7. Death or others believe it should remain,
not dissolved by the incapacity dissolves or withdraws it from the use to
death or incapacity the partnership which they desire it to be
of a co-owner intended.
8. no public 8. May be made in
 Expenses to improve or
instrument needed any form except
even if real property when real property is
embellish are decided by the
is the object of the contributed majority
co-ownership

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
36 2005 CENTRALIZED BAR OPERATIONS

f) To protest against seriously a) Each has full ownership of his part

prejudicial decisions of the and of his share of the fruits and
majority benefits
g) Legal redemption: to be b) Right to substitute another person
exercised within 30 days from its enjoyment, EXCEPT when
written notice of sale of an personal rights are involved
undivided share of another co- c) Right to alienate, dispose or
owner to a stranger encumber
h) To defend the co-ownership’s d) Right to renounce part of his
interest in court interest to reimburse necessary
i) To demand partition at any time expenses incurred by another co-
 Partition is the division owner
between 2 or more persons of e) Transactions entered into by each
real or personal property which co-owner only affect his ideal
they own in common so that share.
each may enjoy and possess his
sole estate to the exclusion of EXTINGUISHMENT OF CO-OWNERSHIP
and without interference from (CALSTEP)
others 1. consolidation or merger in one co-
GENERAL RULE: Partition is owner
demandable by any of the co- 2. acquisitive prescription in favor of a
owners as a matter of right at third person or a co-owner who
any time. repudiates the co-ownership
EXCEPTIONS: 3. loss or destruction of property co-
1) When there is a stipulation owned
against it; but not to exceed 4. sale of property co-owned
10 years. 5. termination of period agreed upon
2) When the condition of by the co-owners
indivision is imposed by the 6. expropriation
donor or testator; but not to 7. judicial or extra-judicial partition
exceed 20 years.
3) When the legal nature of the CONDOMINIUM ACT (R.A. NO. 4726)
community prevents CONDOMINIUM
partition.  an interest in real property
4) When partition would render consisting of a separate interest in a
the thing unserviceable. unit in a residential, industrial or
5) When partition is prohibited commercial building and an
by law undivided interest in common,
6) When another co-owner has directly or indirectly, in the land on
possessed the property as which it is located and in other
exclusive owner for a period common areas of the building.
sufficient to acquire it by  Any transfer or conveyance of a unit
prescription. or an apartment, office or store or
other space therein, shall include
2. The following questions are transfer or conveyance of the
governed by the majority of undivided interest in the common
interests: areas or, in a proper case, the
a) Management membership or shareholdings in the
 Minority may appeal to the court condominium corporation: provided,
against the majority’s decision if however, that where the common
the same is seriously prejudicial. areas in the condominium project
b) Enjoyment are held by the owners of separate
c) Improvement or embellishment units as co-owners thereof, no
3. Rights as to the ideal share of each condominium unit therein shall be
co-owner: conveyed or transferred to persons
other than Filipino citizens or
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 37

MEMORY AID IN CIVIL LAW

corporations at least 60% of the  Concept: the material holding or

capital stock of which belong to control of a thing or the enjoyment
Filipino citizens, except in cases of of a right.
hereditary succession.
 Requisites:
GENERAL RULE: Common areas shall 1. occupancy, apprehension, or taking
remain undivided, and there shall be no 2. deliberate intention to possess
judicial partition thereof: 3. by virtue of ones own right
EXCEPTIONS:
1. When the project has not been  Degrees:
rebuilt or repaired substantially to 1. possession without any title
its state prior to its damage or whatsoever
destruction 3 years after damage or 2. possession with juridical title
destruction which rendered a 3. possession with just title sufficient
material part thereof unfit for use; to transfer ownership
2. When damage or destruction has 4. possession with a title in fee simple
rendered ½ or more of the units
untenantable and that the  Classes:
condominium owners holding more a) In one’s own name – where possessor
than 30% interest in the common claims the thing for himself
areas are opposed to restoration of b) In the name of another – for whom
the projects; the thing is held by the possessor
3. When the project has been in c) In the concept of owner – possessor
existence for more than 50 years, of the thing or right , by his actions,
that it is obsolete and uneconomic, is considered or is believed by other
and the condominium owners holding people as the owner, regardless of
in aggregate more than 50% interest the good or bad faith of the
in the common areas are opposed to possessor
restoration, remodeling or d) In the concept of holder – possessor
modernizing; holds it merely to keep or enjoy it,
4. When the project or a material part the ownership pertaining to another
thereof has been condemned or person; possessor acknowledges in
expropriated and the project is no another a superior right which he
longer viable, or that the believes to be ownership.
condominium owners holding in NOTE: None of these holders assert a
aggregate more than 70% interest in claim of ownership in himself over the
the common areas are opposed to thing but they may be considered as
the continuation of the condominium possessors in the concept of owner, or
regime; under claim of ownership, with respect
5. When conditions for partition by sale to the right they respectively exercise
set forth in the declaration of over the thing.
restrictions duly registered have e) In good faith – possessor is not aware
been met. that there is in his title or mode of
acquisition a defect that invalidates
WATERS it
 Classification  Requisites:
a) Waters public per se (water is the 1. Ostensible title or mode of
principal; the bed follows the acquisition
character of the water (See Arts. 2. Vice or defect in the title
502 [1] and 502 [2]) 3. Possessor is ignorant of the
b) Waters public or private according vice or defect and must have
to their bed (water is accessory to an honest belief that the
bed) thing belongs to him
c) Waters public by special provision NOTE: Gross and inexcusable ignorance
of the law may not be the basis of good
POSSESSION faith, but possible, excusable ignorance

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
38 2005 CENTRALIZED BAR OPERATIONS

may be such basis. (Kasilag vs Roque, 69 except in case of co-possession when

PHIL 217) there is no conflict
f) In bad faith – possessor is aware of  Criteria in case of dispute:
the invalidating defect in his own 1. present/actual possessor shall be
title. preferred
NOTES: 2. if there are two possessors, the one
 Only personal knowledge of the flaw longer in possession
in one’s title or mode of acquisition 3. if the dates of possession are the
can make him a possessor in bad same, the one with a title
faith. It is not transmissible even to 4. if all the above are equal, the fact of
an heir. possession shall be judicially
 Possession in good faith ceases from determined, and in the meantime,
the moment defects in his title are the thing shall be placed in judicial
made known to the possessor. This deposit
interruption of good faith may take
place at the date of summons or that Subject Possessor in Possessor
of the answer if the date of good faith in bad
summons does not appear. faith
However, there is a contrary view a. Fruits a. to possessor a. to owner
that the date of summons may be gathered
insufficient to convince the b. b. not b.
possessor that his title is defective. Cultivation reimbursed to reimbursed
Expenses of possessor to possessor
 Presumptions in favor of possessor: gathered
fruits
1. of good faith
c. Fruits c. prorated c. to owner
2. of continuity of initial good faith
pending according to
3. of enjoyment in the same character and time
in which possession was acquired charges
until the contrary is proved d. d. indemnity d. no
4. of non-interruption in favor of the Production pro rata to indemnity
present possessor expenses of possessor
5. of continuous possession by the one pending (owner’s
who recovers possession of which he fruits option)
was wrongfully deprived i. in money,
6. of extension of possession of real or
ii. by
property to all movables contained allowing full
therein cultivation
and
 Object of possession: gathering of
GENERAL RULE: All things and rights all fruits
susceptible of being appropriated e. e. reimbursed e.
EXCEPTIONS: Necessary to possessor; reimbursed
1. Res communes expenses retention to
2. Property of public dominion possessor;
no
3. Discontinuous servitudes
retention
4. Non-apparent servitudes
f.. Useful f. reimbursed f. no
expenses to possessor reimbursem
Acquisition of possession:
(owner’s ent
 Manner option)
1. Material occupancy of the thing i. initial cost
2. Subjection to the action of our will ii. plus value
3. Proper acts and legal formalities  may remove
established for acquiring such right. if no
Conflicts between several claimants: reimburse-
GENERAL RULE: Possession cannot be ment, and no
recognized in two different personalities damage is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 39

MEMORY AID IN CIVIL LAW

caused to the the possessor

principal by b) Where the owner acts negligently or
the removal voluntarily parts with the thing
g. g. reimburse- g. owner’s owned, he cannot recover it from
Ornamen- ment at option: the possessor
tal owner’s i.
c) The owner may recover the movable
expenses option: removal, or
i. removal if ii. value in case of loss or involuntary
no injury, or at time of deprivation; but must reimburse the
ii. cost recovery price paid if possessor acquired the
without thing in good faith and at a public
removal sale.
h. Taxes h. taxes and h. taxes
and charges and charges Loss of possession:
charges i. charged to i. charged 1. By the will of the possessor
i. on owner to owner a) Abandonment
capital ii. charged to ii. charged
b) Transfer or conveyance
possessor to owner
ii. on iii. prorated iii. to 2. Against the will of the possessor
fruits owner a) Eminent domain
b) Acquisitive prescription
iii. c) Judicial decree in favor of better
charges right
i. Improve- i. no i. no d) Possession of another for more
ments no reimburse- reimburse- than one year
longer ment ment NOTE: this refers to possession de
existing
facto where the possessor loses the
j. Liability j. only if j. liable in
right to a summary action; but he
for acting with every case
accidental fraudulent may still bring action publiciana or
loss or intent or reivindicatoria
deteriorati negligence, e) By reason of the object
on after summons i. destruction or total loss of
k. k. to owner k. to the things
Improve- or lawful owner or ii. withdrawal from commerce
ments due possessor lawful
to time or possessor USUFRUCT
nature  gives a right to enjoy the property of
another with the obligation of
Possession of movables preserving its form and substance,
 Possession of movables in good faith unless the title constituting it or the
is equivalent to title. law otherwise provides.
 Requisites:  Characteristics:
a) possession is in good faith a. Real right
b) the owner has voluntarily parted b. Of temporary duration
with the possession of the thing c. To derive all advantages from
c) possessor is in the concept of the thing due to normal
owner exploitation
One who has lost or has been d. may be constituted on real or
unlawfully deprived of it , may personal property, consumable
recover it from whomsoever or non-consumable, tangible or
possesses it, ordinarily, without intangible, the ownership of
reimbursement. which is vested in another
e. transmissible

 Doctrines: GENERAL RULE: Usufructuary is bound

a) owner of the thing must prove (1) to preserve the form and substance of
ownership of the thing and (2) loss or the thing in usufruct.
unlawful deprivation; or bad faith of

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
40 2005 CENTRALIZED BAR OPERATIONS

EXCEPTION: Abnormal usufruct whereby c. To the half of the hidden

the law or the will of the parties may treasure he accidentally finds
allow the modification of the substance d. To lease the thing, generally, for
of the thing. the same or shorter period as
the usufruct.
Usufruct Lease e. To improve the thing without
1. Always a real 1.Generally a altering its form and substance
right personal right f. Right to set-off the
2. Person creating 2. Lessor may not improvements he may have
the usufruct should be the owner made on the property against
be the owner or his any damage to the same
duly authorized
g. To retain the thing until he is
agent
3. May be created 3.Generally created
reimbursed for advances for
by law, by contract, by contract extraordinary expenses and
by will of the taxes on the capital
testator, or by h. To collect reimbursements from
prescription the owner for indispensable
4. As a rule, 4.Lease generally extraordinary repairs, taxes on
usufruct covers all refers to uses only the capital he advanced, and
the fruits and all damages caused to him.
the uses and i. To remove improvements made
benefits of the
by him if the same will not
entire property
5. Involves a more 5. Lease involves a
injure the property
or less passive more active owner 2. As to the usufruct itself
owner who allows or lessor who makes a. To mortgage the right of
the usufructuary to the lessee to enjoy usufruct except parental
enjoy the object usufruct
given in usufruct b. To alienate the usufruct
6. Pays for ordinary 6.Lessee is not
repairs and taxes on generally under Obligations of the usufructuary:
the fruits obligation to 1. Before exercising the usufruct:
undertake repairs or
a. To make an inventory of the
pay taxes
property
b. To give a bond, EXCEPT
Special Usufructs
1) when no prejudice would
a) of pension or income (Art 570)
result
b) of property owned in common (Art.
2) when the usufruct is
582)
reserved by the donor or
c) of cattle (livestock) (Art. 591)
parents
d) on vineyards and woodlands (Art.
3) in cases of caucion juratoria
575-576)
where the usufructuary,
e) on a right of action (Art. 578)
being unable to file the
f) on mortgaged property (Art. 600)
required bond or security,
g) over the entire patrimony (Art.
files a verified petition in
598)
the proper court asking for
h) over things which gradually
the delivery of the house and
deteriorate (Art. 573)
furniture necessary for
i) of consumable property (Art 574)
himself and his family
without any bond or
Rights of the Usufructuary
security.
1. As to the thing and its fruits
 takes an oath to take
a. To receive and benefit from the
care of the things and
fruits
restore them
b. To enjoy any increase through
 property cannot be
accessions and servitudes
alienated or encumbered
or leased because this
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 41

MEMORY AID IN CIVIL LAW

would mean that the b. To pay legal interest on the

usufructuary does not amount spent by the owner for
need it. extraordinary repairs or taxes on
the capital
NOTE: Effects of failure to post c. To indemnify the owner for any
bond: losses due to his negligence or of
1. owner shall have the following his transferees
options:
a. receivership of realty, sale Extinguishment of Usufruct: (PT2DERM)
of movables, deposit of 1. Prescription
securities, or investment of 2. Termination of right of the person
money; OR constituting the usufruct
b. retention of the property as 3. Total loss of the thing
administrator 4. Death of the usufructuary, unless
2. the net product shall be contrary intention appears
delivered to the usufructuary 5. Expiration of the period or
3. usufructuary cannot collect fulfillment of the resolutory
credits due or make investments condition
of the capital without the 6. Renunciation of the usufructuary
consent of the owner or of the 7. Merger of the usufruct and
court until the bond is given. ownership in the same person

2. During the usufruct: EASEMENT OR SERVITUDE

a. To take care of the property  Encumbrance imposed upon an
b. To replace with the young immovable for the benefit of a
thereof animals that die or are community or one or more persons
lost in certain cases when the or for the benefit of another
usufruct is constituted on flock immovable belonging to a different
or herd of livestock owner.
c. To make ordinary repairs
d. To notify the owner of urgent  Concept: it is a real right,
extra-ordinary repairs constituted on the corporeal
e. To permit works and immovable property of another, by
improvements by the naked virtue of which the owner of the
owner not prejudicial to the latter has to refrain from doing or
usufruct must allow something to be done on
f. To pay annual taxes and charges his property, for the benefit of
on the fruits another person or tenement.
g. To pay interest on taxes on
capital paid by the naked owner  Characteristics:
h. To pay debts when the usufruct a) It is a real right but will affect third
is constituted on the whole persons only when duly registered
patrimony b) It is enjoyed over another
i. To secure the naked owner’s or immovable, never on one’s own
court’s approval to collect property
credits in certain cases c) It involves two neighboring estates
j. To notify the owner of any (in case of real easements)
prejudicial act committed by d) It is inseparable from the estate to
third persons which it is attached, and, therefore,
k. To pay for court expenses and cannot be alienated independently
costs regarding usufruct. of the estate
e) It is indivisible for it is not affected
3. At the termination of the usufruct: by the division of the estate
a. To return the thing in usufruct to between two or more persons
the owner unless there is a right f) It is a right limited by the needs of
of retention the dominant owner or estate,

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
42 2005 CENTRALIZED BAR OPERATIONS

without possession possession

g) It cannot consist in the doing of an
act unless the act is accessory in Easement Usufruct
relation to a real easement 1. Imposed only on May involve either
h) It is a limitation on the servient real property real or personal
owner’s rights of ownership for the property
benefit of the dominant owner; and, 2. Limited to Includes all the uses
therefore, it is not presumed particular or and the fruits of the
specific use of the property
 Classification: servient estate
1. As to its exercise: 3. A non-possessory Involves a right of
right over an possession in an
a)Continuous Easements – those the
immovable immovable or
use of which is, or may be, immovable
incessant without the 4. Not extinguished Extinguished by the
intervention of any act of man by the death of the death of the
b) Discontinuous Easements – those dominant owner usufructuary
which are used at intervals and
depend upon the acts of man  Modes of Acquisition: (PDFAT)
1. by prescription of 10 years
2. As to the indication of their (continuous and apparent
existence: easements)
a) Apparent Easements – those 2. by deed of recognition
which are made known and are 3. by final judgment
continually kept in view by 4. by apparent sign established by
external signs that reveal the the owner of two adjoining
use and enjoyment of the same estates
b) Non-apparent Easements – those 5. by title
which show no external
indication of their existence Dominant Owner
 Rights
3. As to duty of servient owner 1. To exercise all the rights
a) Positive – the servient owner necessary for the use of the
must allow something to be done easement
in his property or do it himself. 2. To make on the servient estate
These are called servitudes of all the works necessary for the
intrusion and or/service” use and preservation of the
b) Negative – the servient owner servitude
must refrain from doing 3. To renounce the easement if he
something which he could desires to exempt himself from
lawfully do if the easement did contribution to necessary
not exist expenses
4. To ask for mandatory injunction
Easement Lease to prevent impairment of his use
1. Real right, Real right only when of the easement
whether registered it is registered, or
or not when its subject  Obligations:
matter is real
1. Cannot render the easement or
property and the
duration exceeds render it more burdensome
one year 2. Notify the servient owner of
2. Imposed only on May involve either works necessary for the use and
real property real or personal preservation of the servitude
3. There is a limited Limited right to 3. Choose the most convenient
right to the use of both the possession time and manner in making the
real property of and use of another’s necessary works as to cause the
another but without property least inconvenience to the
the right of servient owner
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 43

MEMORY AID IN CIVIL LAW

4. Contribute to the necessary  This is really a combined easement

expenses if there are several for drawing of water and right of way
dominant estates  Requisites:
a) must be imposed for reasons of
Servient Owner public use
 Rights: b) must be in favor of a town or
1. To retain ownership and village
possession of the servient estate c) indemnity must be paid
2. To make use of the easement,
unless there is agreement to the EASEMENT OF AQUEDUCT
contrary  The right arising from a forced
3. To change the place or manner easement by virtue of which the
of the easement, provided it be owner of an estate who desires to
equally convenient avail himself of water for the use of
said estate may make such waters
 Obligations: pass through the intermediate estate
1. Cannot impair the use of the with the obligation of indemnifying
easement the owner of the same and also the
2. Contribute to the necessary owner of the estate to which the
expenses in case he uses the water may filter or flow.
easement, unless there is an  Character: apparent and continuous
agreement to the contrary  Requisites:
a) dominant owner must prove that
Extinguishment of Easements: he has the capacity to dispose of
(REMAIN BREW) the water
1. Redemption agreed upon b) that the water is sufficient for
2. Expiration of the term or the intended use
fulfillment of the resolutory c) that the course is most
condition convenient, and least onerous to
3. Merger of ownership of the the 3rd person
dominant and servient estate d) payment of indemnity
4. Annulment of the title to the
servitude RIGHT OF WAY
5. Permanent Impossibility to use  The right granted to the owner of an
the easement estate which is surrounded by other
6. Non-user for 10 years estates belonging to other persons
a. discontinuous: counted and without an adequate outlet to a
from the day they ceased to public highway to demand that he be
be used allowed a passageway throughout
b. continuous: counted such neighboring estates after
from the day an act adverse payment of proper indemnity
to the exercise takes place  Requisites:
7. Bad condition - when either or 1. Claimant must be an owner of
both estates fall into such a enclosed immovable or one with
condition that the easement real right
could not be used 2. There must be no adequate
8. Resolution of the right to create outlet to a public highway
the servitude, i.e. in case of 3. Right of way must be absolutely
pacto de retro, when the necessary
property is redeemed 4. Isolation must not be due to the
9. Expropriation of the servient claimant’s own act
estate 5. Easement must be established at
10. Waiver by the dominant owner the point least prejudicial to the
servient estate
EASEMENT FOR WATERING CATTLE 6. Payment of proper indemnity
 it is the needs of the dominant

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
44 2005 CENTRALIZED BAR OPERATIONS

property which ultimately determine 1. title

the width of the passage, and these 2. by contrary proof:
needs may vary from time to time 3. by signs contrary to the
(Encarnacion vs. CA, 195 SCRA 72). existence of the servitude (Arts.
 Special cause of extinction: the 660 & 661)
opening of a public road, or joining NOTE: if the signs are
the dominant tenement to another contradictory, they cancel each
with exit on a public road. other
NOTE: the extinction in NOT
automatic. There must be a demand  Rights of part owners:
for extinction coupled with tender of 1. to make use of the wall in
indemnity by the servient owner. proportion to their respective
interests, resting buildings on it
PARTY WALL or inserting beams up to one-half
 a common wall which separates 2 of the wall’s thickness
estates built by common agreement 2. to increase the height of the
at the dividing line such that it wall
occupies a portion of both estates on a. at his expense
equal parts. b. upon payment of proper
indemnity
Party Wall Co-ownership c. to acquire half interest in
1. Shares of parties Shares of the co- any increase of thickness or
cannot be owners can be height, paying a
physically divided and proportionate share in the
segregated but they separated cost of the work and of the
can be physically physically but land covered by the increase
identified before such
division, a co-owner
cannot point to any  Obligations of each part-owners:
definite portion of 1. to contribute proportionately to
the property as the repair and maintenance
belonging to him unless he renounces his part-
2. No limitation as None of the co- ownership
to use of the party owners may use the 2. if one part owner raises the
wall for exclusive community property height of the wall, he must:
benefit of a party for his exclusive a. bear the cost of
benefit
maintenance of the additions
3. Owner may free Partial renunciation
himself from is allowed
b. bear the increased expenses
contributing to the of preservation
cost of repairs and c. bear the cost of construction
construction of a d. give additional land, if
party wall by necessary, to thicken the
renouncing all his wall
rights thereto
LIGHT AND VIEW
 Presumptions of existence (juris 1. Easement of Light (jus luminum) -
tantum): right to admit light from the
1. in adjoining walls of buildings, neighboring estate by virtue of the
up to common elevation opening of a window or the making
2. in dividing walls of gardens and of certain openings.
yards (urban)  Requisites:
3. in dividing fences, walls and live a. opening must not be greater
hedges of rural tenements than 30 centimeters squared,
4. in ditches or drains between made on the ceiling or on the
tenements wall; and
b. there must be an iron grating
 Rebuttal of presumption: 2. Easement of view (jus prospectus) –
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 45

MEMORY AID IN CIVIL LAW

the right to make openings or encumber property may constitute

windows, to enjoy the view through voluntary servitude. If there are
the estate of another and the power various owners, ALL must consent;
to prevent all constructions or work but consent once given is not
which would obstruct such view or revocable
make the same difficult. It  Voluntary easements are established
necessarily includes easement of in favor of:
light 1. predial servitudes:
a. for the owner of the
Restrictions on openings in one’s own dominant estate
wall when contiguous (less than 2m) to b. for any other person having
another’s tenement: any juridical relation with
1. it cannot exceed 1 foot sq. (30 cm the dominant estate, if the
each side) owner ratifies it.
2. openings must be at the height of 2. personal servitudes: for anyone
the joists, near the ceiling (Choco capacitated to accept.
vs. Santamaria, 21 Phil 132)
3. the abutting owner may: NUISANCE
a. close the openings if the wall  Any act, omission, establishment,
becomes a party wall business or condition of property or
b. block the light by building or anything else which: (ISAHO)
erecting his own wall unless 1. Injures/endangers the health or
a servitude is acquired by safety of others;
title or prescription 2. Shocks, defies or disregards
c. ask for the reduction of the decency or morality;
opening to the proper size 3. Annoys or offends the senses;
4. Hinders or impairs the use of
Restrictions as to views property; or
1. Direct views: the distance of 2 5. Obstructs or interferes with the
METERS between the wall and the free passage to any public
boundary must be observed highway or street, or body of
2. Oblique views: (walls perpendicular water.
or at an angle to the boundary line)
must not be less than 60cm from the  Classes:
boundary line to the nearest edge of 1. Per se – nuisance at all times and
the window under all circumstances
NOTE: Any stipulation permitting lesser regardless of location and
distances is void. surrounding.
2. Per accidens – nuisance by
Modes of acquisition reason of circumstances,
1. by title location, or surroundings.
2. by prescription 3. Public – affects the community
a. positive – counted from the time or a considerable number of
of the opening of the window, if persons.
it is through a party wall 4. Private – affects only a person or
b. negative – counted from the a small number of persons.
formal prohibition on the  
servient owner. Doctrine of Attractive Nuisance:
NOTE: mere non-observance of distances  One who maintains on his premises
prescribed by Art. 670 without formal dangerous instrumentalities or
prohibition, does not give rise to appliances of a character likely to
prescription attract children in play and who fails
VOLUNTARY EASEMENTS to exercise ordinary care to prevent
 Constituted by the will of the parties children from playing therewith or
or of a testator. resorting thereto is liable to a child
 The owner possessing capacity to of tender years who is injured

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
46 2005 CENTRALIZED BAR OPERATIONS

thereby, even if the child is acquiring acquiring

technically a trespasser in the ownership ownership
premises. A. Original Modes
1. Occupation 1. Condition of
Remedies against public nuisance: being without
(PCE) known owner
1. Prosecution under the RPC or 2. Work which 2. Creation,
includes discovery or
local ordinance
Intellectual invention
2. Civil Action creation
3. Extrajudicial Abatement B. Derivative modes
3. Law 3. Existence of
Remedies against private nuisance: required
(CE) conditions
1. Civil Action 4. Tradition 4. Contract of the
2. Extrajudicial Abatement parties
5. Donation 5. Contract of the
Extrajudicial Abatement parties
 Requisites: 6. Prescription 6. Possession in
1. nuisance must be specially the concept of
owner
injurious to the person affected;
7. Succession 7. Death
2. no breach of peace or
unnecessary injury must be
committed; OCCUPATION
3. prior demand;  a mode of acquiring ownership by
4. prior demand has been rejected; the seizure of things corporeal which
5. approval by district health have no owner, with the intention of
officer and assistance of local acquiring them, and according the
police; and rules laid down by law.
6. value of destruction does not
exceed P3,000.  Requisites:
1. there must be seizure of a thing
THEORY OF MODE AND TITLE 2. the thing seized must be
corporeal personal property
 MODE is the specific cause which 3. the thing must be susceptible of
gives rise to them, as the result of appropriation by nature
the presence of a special condition 4. the thing must be without an
of things, of the aptitude and intent owner
of persons, and of compliance with 5. there must be an intention to
the conditions established by law. appropriate
This is the proximate cause of the
acquisition.  Specific instances:
1. hunting and fishing
 TITLE is the juridical justification for 2. finding of movables which do not
the acquisition or a transfer of have an owner
ownership or other real right. This is 3. finding of abandoned movables
the remote cause of the acquisition. 4. finding of hidden treasure

DIFFERENT MODES (and TITLES) of 5. catching of swarm of bees that

ACQUIRING OWNERSHIP has escaped from its owner,
under certain conditions
6. catching of domesticated
Modes of Titles of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 47

MEMORY AID IN CIVIL LAW

animals that have escaped from transmit and acquire

their owners, under certain 4. transmission should be
conditions manifested by some act which
7. catching of pigeons without should be physical, symbolical or
fraud or artifice legal
8. transfer of fish to another
breeding place without fraud or DONATION
artifice  an act of liberality whereby a person
disposes gratuitously of a thing or
TRADITION/DELIVERY right in favor of another who accepts
 a mode of acquiring ownership as a it
consequence of certain contracts, by
virtue of which, the object is placed  Requisites: CIDA
in the control and possession of the 1. donor must have capacity to
transferee, actually or make the donation
constructively. 2. he must have donative intent
(animus donandi)
 Kinds: 3. there must be delivery
1. Real Tradition - actual delivery 4. donee must accept or consent to
2. Constructive Tradition the donation
a. traditio symbolica –
parties make use of a token  Essential features/elements of a
or symbol to represent the true donation:
thing delivered a) Alienation of property by the
b. traditio longa manu – by donor during his lifetime, which
mere consent of the parties is accepted
if the thing sold cannot be b) Irrevocability by the donor
transferred to the possession c) Intention to benefit the donee
of the vendee at the time of (animus donandi)
the sale d) Consequent impoverishment of
c. traditio brevi manu – the donor (diminution of his
when the vendee already has assets)
possession of the thing sold
by virtue of another title  Classification:
d. traditio constitutum 1. As to effectivity:
possessorium – when the a. inter vivos
vendor continues in b. mortis causa
possession of the thing sold c. propter nuptias
not as owner but in some 2. As to perfection/extinguishment:
other capacity a. pure
3. Quasi-tradition – exercise of the b. with a condition
right of the grantee with the c. with a term
consent of the grantor 3. As to consideration:
4. Tradicion por ministerio de la ley a. simple - gratuitous
– delivery by operation of law b. remuneratory or compensatory –
6. Tradition by public instrument made on account of donee’s
merits
 Requisites: c. modal – imposes upon the donee
1. right transmitted should have a burden which is less than the
previously existed in the value of the thing donated
patrimony of the grantor

2. transmission should be by just

Donation Inter Donation Mortis
title
Vivos Causa
3. grantor and grantee should have
intention and capacity to

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
48 2005 CENTRALIZED BAR OPERATIONS

1. Takes effect Takes effect upon the property donated:

independently of death of the donor i. it may be oral/written –
the donor’s death P5,000 or less;
2. Title conveyed Title conveyed upon ii. if value exceeds P5,000 –
to the donee donor’s death written in public or private
before the donor’s
document
death
3. Valid if donor Void if donor survives
b. Without simultaneous delivery:
survives donee donee  the donation and acceptance
4. Generally irrevo- Always revocable must be written in a public
cable during or private instrument,
donor’s lifetime regardless of value
5. Must comply Must comply with the
with the formalities required 2. Donation of immovable property:
formalities by law for the a. must be in a public instrument
required by Arts. execution specifying the property donated
748 and 749 of the Of wills and the burdens assumed by
Code
donee, regardless of value
b. acceptance must be either:
Donations prohibited by law: i. in the same instrument; or
1. Made by persons guilty of adultery or ii. in another public
concubinage at the time of donation; instrument, notified to the
2. Made between persons found guilty donor in authentic form, and
of the same criminal offense in noted in both deeds
consideration thereof;
3. Made to a public officer or his/her NOTE: Expression of gratitude to the
spouse, descendants or ascendants in donor without express acceptance was
consideration of his/her office; held a sufficient acceptance (Cuevas vs
4. Made to the priest who heard the Cuevas)
confession of the donor during the
latter’s last illness, or the minister LIMITATIONS ON DONATION OF
of the gospel who extended spiritual PROPERTY
aid to him during the same period; 1. Future property cannot be
5. Made to relatives of such priest, etc. donated.
within the 4th degree, or to the 2. Present property that can be
church to which such priest belongs; donated:
6. Made by a ward to the guardian a) if the donor has forced heirs: he
before the approval of accounts; cannot give or receive by
7. Made to an attesting witness to the donation more than he can give
execution of donation, if there is of receive by will
any, or to the spouse, parents, or b) if the donor has no forced heirs:
children, or anyone claiming under donation may include all present
them. property provided he reserves in
8. Made to a physician, surgeon, nurse, full ownership or in usufruct:
health officer or druggist who took 1) the amount necessary to
care of the donor during his/her last support him, and
illness; 2) those relatives entitled to
9. Made by individuals, associations or support from him
corporations not permitted by law to 3) property sufficient to pay
make donations; and the donor’s debt contracted
10. Made by spouses to each other prior to the donation.
during the marriage or to persons of 3. Donation should not prejudice
whom the other spouse is a creditors
presumptive heir. 4. Donee must reserve sufficient
Forms of donations: means for his support and for his
1. Donations of movable property: relatives which are entitled to
a. With simultaneous delivery of be supported by him.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 49

MEMORY AID IN CIVIL LAW

laid down by law.

EFFECTS OF DONATION a. Ordinary acquisitive
1. donee may demand the delivery of prescription: requires possession
the thing donated of things in good faith and with
2. donee is subrogated to the rights of just title for the time fixed by
the donor in the property law
3. in donations propter nuptias, the b. Extraordinary acquisitive
donor must release the property prescription: acquisition of
from encumbrances, except ownership and other real rights
servitudes without need of title or of good
4. donor’s warranty exists if faith or any other condition
a. expressed  Requisites:
b. donation is propter nuptias 1) capacity to acquire by
c. donation is onerous prescription
d. donor is in bad faith 2) a thing capable of acquisition by
5. when the donation is made to prescription
several donees jointly, they are 3) possession of thing under certain
entitled to equal portions, without conditions
accretion, unless the contrary is 4) lapse of time provided by law
stipulated
2. Extinctive Prescription – rights and
Payment of the donor’s debt by the actions are lost through the lapse of
donee time in the manner and under the
1. If there is express stipulation: the conditions laid down by law.
donee is to pay only debts
contracted before the donation, if Acquisitive Extinctive
not otherwise specified; but the prescription prescription
donee answers only up to the value 1. relationship 1. one does not look
of the property donated, if no between the to the act of the
stipulation is made to the contrary occupant and the possessor but to the
2. If there is no stipulation: the donee land in terms of neglect of the owner
is answerable for the debts of the possession is capable
of producing legal
donor only in case of fraud against
consequences; it is
creditors. the possessor who is
the actor
ACTS OF INGRATITUDE 2. requires possession 2. requires inaction
1. If the donee should commit some by a claimant who is of the owner or
offense against the person, honor or not the owner neglect of one with
property of the donor, or of his wife a right to bring his
or children under his parental action
authority 3. applicable to 3. applies to all
2. If the donee imputes to the donor ownership and other kinds of rights,
real rights whether real or
any criminal offense, or any act
personal
involving moral turpitude, even
4. vests ownership or 4. produces the
though he should prove it, unless the other real rights in extinction of rights
crime or act has been committed the occupant or bars a right of
against the donee himself, his wife action
or children under his authority 5. results in the 5. results in the loss
3. Refusal to support the donor acquisition of of a real or personal
ownership or other right, or bars the
PRESCRIPTION real rights in a person cause of action to
as well as the loss of enforce said right
 Kinds: said ownership or real
1. Acquisitive prescription - one rights in another
acquires ownership and other real 6. can be proven 6. should be
rights through the lapse of time in under the general affirmatively
the manner and under the conditions issue without its pleaded and proved

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
50 2005 CENTRALIZED BAR OPERATIONS

being affirmatively to bar the action or

pleaded claim of the adverse Persons Against Whom Prescription
party runs:
1. Minors and other incapacitated
Period of Prescription persons who have parents, guardians
Movables Immovables or other legal representatives
1. Good Faith 2. Absentees who have administrators
4 years 10 years 3. Persons living abroad who have
2. Bad Faith managers or administrators
8 years 30 years 4. Juridical persons, except the state
and its subdivision
Rules on Computation of Period:
Persons against whom prescription
1. The present possessor may complete
does NOT run:
the period necessary for prescription
1. Between husband and wife, even
by tacking his possession to that of
though there be separation of
his grantor or predecessor
property agreed upon in the
marriage settlements or by judicial
2. It is presumed that the present
decree.
possessor who was also the possessor
2. Between parents and children,
at a previous time, has continued to
during the minority or insanity of the
be in possession during the
latter
intervening time, unless there is
3. Between guardian and ward during
proof to the contrary
the continuance of the guardianship
3. The first day shall be excluded and
the last day included

Prescriptive Actions Prescriptive period Actions

period

a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

inexistent or void donations due to
contract non-compliance of
 to quiet title conditions
 to demand a  action to rescind
right of way partition of
 to bring an deceased’s estate
action for on account of
abatement of lesion
public nuisance  action to claim
 to demand rescission of
partition in co- contracts
ownership  annulment of
 to enforce a contracts for vice
trust of consent
 probate of a  actions upon a
will quasi-delict
 to recover  action to revoke
possession of a or reduce
registered land donations based on
under the Land birth, appearance
Registration Act or adoption of a
by the registered child
owner  actions upon an
injury to the rights
of the plaintiff (not
arising from
contract)

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
 San Beda College of Law 51

MEMORY AID IN CIVIL LAW

b) 30 YEARS  real actions h) 3 YEARS  actions under

over immovables the eight hour
(but not labor law
foreclosure)  actions to
without prejudice recover losses in
to the acquisition gambling
of ownership or money claims as
real rights by a consequence of
acquisitive employer-
prescription employee
relationship
 action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad

c) 10 YEARS  actions upon a i) 2 YEARS  action to

written contract impugn legitimacy
 actions upon of a child if the
an obligation husband or his
created by law heirs are not
 actions upon a residing in the city
judgment from or municipality of
the time birth
judgment
becomes final
 actions among
co-heirs to
enforce warranty
against eviction in
partition
 Mortgage
action

d) 8 YEARS  action to j) 1 YEAR  action to

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his
title for a shorter heirs are residing
period or to the in the city or
possessors title municipality of
under Arts. 559, birth
1505 and 1133  forcible entry
and unlawful
detainer
 Defamation
 Revocation of
donation on the
ground of
ingratitude
 Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude

CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
52 2005 CENTRALIZED BAR OPERATIONS

 action for
warranty of
solvency in
assignment of
credits
 actions for loss
or damage to goods
under the COGSA

e) 6 YEARS  actions upon k) 6 MONTHS  actions for

an oral (verbal) warranty against
contract hidden defects or
 actions upon a encumbrances over
quasi-contract the thing sold

f) 5 YEARS  action for l) 40 DAYS  redhibitory

annulment of action based on
marriages (except faults or defects of
on the ground of animals
insanity) and for
legal separation
counted from the
occurrence of the
cause
 actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
 action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
 all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)