PROPERTY: CONCEPTS AND REQUISITES

ART. 414
• Thing: Any object that exists and is capable of satisying some ARTICLE 12 Section 2. All lands of the public domain, waters,
human needs, including both objects that are already possessed or minerals, coal, petroleum, and other mineral oils, all forces of
owned and those that are susceptible of appropriation. potential energy, fisheries, forests or timber, wildlife, flora and fauna,
• Property: Any thing which is already the object of appropriation or and other natural resources are owned by the State. With the
found in the possession of man. exception of agricultural lands, all other natural resources shall not
be alienated. (PH Constitution)
Real right Personal Right
1. Public Dominion: GR: Regalian doctrine ; E: Agricultural lands;
Definite active subject 
 Definite active subject and a 

who has a right against all persons definite passive subject s possession since time immemorial
generally as an indefinite passive 1. Judicial confirmation of imperfect title:
subject (1) OCEN possession in the concept of owner from June 12
1945 or earlier
Object is generally a corporeal thing Object always an incorporeal thing
(2) Land is declared alienable and disposable at time of
Created by ‘mode’ and ‘title’  Created by ‘title’ application
2. Privately owned:
Extinguished by the loss or  Personal right survives the subject 1. Patrimonial Property: Article 421 (needs a positive act by the
destruction of the thing which it is matter government) [Subject to acquisitive prescription]
exercised 1. Ordinary acquisitive prescription: Good faith OCEN
possession in the concept of owner for 10 years from
Directed against the whole world Directed against a particular person time of declaration as alienable
(actio in rem against 3rd persons) (actio in personam) 2. Extraordinary acquisitive prescription: OCEN possession
in the concept of owner for 30 years from time of
declaration as alienable
ART. 415 2. Owned by Private persons
• Classes of immovable or real property (NIDA)

1. By nature (cannot be carried from place to place)
 • Characteristics of Land of Public domain:
2. By incorporation (attached to an immovable in a fixed manner to 1. Outside the commerce of Man
be an integral part thereof)
 2. Not susceptible to private appropriation and acquisitive
3. By destination (placed in an immovable for the utility it gives)
 prescription
4. By analogy (by express provision of law because it is regarded 3. Not subject to attachment and execution
4. Cannot be burdened with voluntary easements
as united to the immovable property)


ART. 419
• Regalian Doctrine: Property is presumed to be State property in the
absence of any showing to the contrary.

1 of 4
 PROPERTY: CONCEPTS AND REQUISITES
ARTICLE 427 B. RECOVER REAL PROPERTY:
• Ownership: Independent right of a person to the exclusive 1. Accion interdictal (de facto possession)
enjoyment and control of a thing, including its disposition and • Must allege the facts constituting FE or UD. Otherwise, resort to AP
recovery subject only to restrictions and limitations provided by law or AR
and by the rights of others 1.1. Forcible entry (If you can prove prior possession, you win
• Beneficial ownership: ownership recognized by law and can be even against lawful owner)
enforced in court, right of enjoyment of a person over a property (1) Instituted by person deprived of possession
where legal title is vested in another (2) Unlawful deprivation of the possession of any land or
• Naked ownership: Enjoyment of all the benefits and privileges of building, by force, intimidation, threat, strategy or stealth
ownership (3) Filed within 1 year from date of actual entry (but for cases
• Legal ownership: Right to possession; as opposed to beneficial of stealth and strategy, from date of knowledge of actual
ownership knowledge)
(4) At the MTC where property is located
ARTICLE 428 1.2. Unlawful detainer
• Seven jus-es (PUFAVAD) (1) Instituted by landlord, vendor, vendee or other person
1. Possidendi/Possession: Doesn’t necessarily include right to against who the possession of any land or building is
use. Right to hold the thing or enjoy a right unlawfully withheld
2. Utendi/Use: Includes the right to exclude other from (2) Unlawful possession after the expiration or termination of
enjoyment and disposal thereof the right to hold possession (by virtue of contract, etc) or
3. Fruendi/Fruits: self-explanatory mere tolerance (must be present right from the start)
4. Accessionis/Accessories: self-explanatory (3) Filed within 1 year from date of last demand to vacate
5. Vindicandi/Recover possession: Must resort to judicial (4) At the MTC where property is located
process 2. Accion publiciana (de jure possession)
6. Abutendi/Consumption: Right to use it in a way that (1) Must be within a period of ten years otherwise the real
extinguishes it right of possession is lost
7. Disponendi/Disposition: Either total (sale) or partial (pledge, (2) One who claims to have a better right must prove not only
mortgage) his right but also the identity of the property claimed
(3) Period to bring interdictal has expired
ACTIONS AVAILABLE: (4) RA 7691: MTC: Value less than or equal to 20 K in other
A. RECOVER PERSONAL PROPERTY: provinces, less than or equal to 50K in Metro Manila.
1. Remedy of Replevin or manual delivery of personal property Otherwise, RTC where property is located (must be
(1) That the applicant is the owner of the property claimed, alleged)
particularly describing it, OR is entitled to the possession 3. Accion reinvindicatora (ownership)
thereof (1) Identity of the property
(2) That the property is wrongfully detained by the adverse party, (2) Right of plaintiff over property
alleging the cause of detention thereof according to the best (3) RA 7691: MTC: Value less than or equal to 20 K in other
of his knowledge, information and belief provinces, less than or equal to 50K in Metro Manila.

2 of 4
 PROPERTY: CONCEPTS AND REQUISITES
Otherwise, RTC where property is located (must be ARTICLE 457
alleged) • Accretion: act or process by which a riparian land gradually and
C. INJUNCTION imperceptively receives addition made by the water to which the
(1) there must exist a clear and positive right over the land is contiguous
property in question which should be judicially protected • Riparian owners: owners of lands adjoining the banks of rivers
through the writ; and • Littoral owners: owners of lands bordering the shore of the sea or
(2) the acts against which the injunction is to be directed are lake or other tidal waters
violative of such right • Alluvion:
(1) Deposit or accumulation of soil or sediment must be gradual
• Limitations on the right of ownership and imperceptive
(1) State’s police power, eminent domain, taxation power (2) Accretion results from the effects or action of the current of
(2) Limitation to owner’s right to use: Servitudes waters of the river (exclusive work of nature)
(3) Limitation on right to exclude others: State of necessity (3) Land where accretion takes place must be adjacent to the
(4) Limitations imposed by owner himself bank of a river
(1) Stipulations on Deeds of restrictions (basta di contrary to • Elements of a river: (only one nature)
law) 1. Running water
2. Bed
ARTICLE 440 3. Banks
• Accession: fruits of, additions to, improvements upon a thing
A. Accession discreta: Extension of the right of ownership of a ARTICLE 459:
person to the products of a thing which belongs to such a • Avulsion: accretion which takes place when the current of a river,
person creek or torrent segregates from an estate on its bank a known
1.  Includes natural, industrial, and civil fruits (Art 441) portion and transfers it to another estate
B. Accession continua: Extension of the right of ownership to (1) Segregation and transfer must be caused by the current of a
that which is incorporated or attached to a thing which river, creek or torrent
belongs to such person (2) Segregation and transfer must be sudden or abrupt
1. With respect to real property (3) Portion of land transported must be known or identifiable
1.1.Accession industrial (building, planting, sowing); or
1.2.Accession natural (alluvion, avulsion, change of river 
 ARTICLE 461
course, and formation of islands) • Abandonment of river beds through natural change in the course of
2.  With respect to personal property the waters
2.1.Conjunction (attachment, engraftment) (1) There must be a natural change in the course of the waters of
2.2. Commixtion (solid) or confusion (liquid) the river
2.3. Specification (2) Change must be abrupt or sudden
• Accessories: things joined to, included with the principal for
the latter’s embellishment, better use or completion

3 of 4
 PROPERTY: CONCEPTS AND REQUISITES
ARTICLE 466-ARTICLE 475: • Characteristics of co-ownership:
Adjunction Mixture Specification (1) Two or more co-owners
(2) Single object which is not materially or physically divided,
At least two things At least two things May be only one thing over which and his 

whose form is changed ideals share of the whole, each co-owner exercises
Component parts Things mixed may or Component parts retain ownership, together with 

retain or preserve may not retain their or preserve their nature the co-owners
their nature (3) No mutual representation by the co-owners
respective original nature
(4) Exists for the common enjoyment of the co-owners
Accessory follows Co-ownership Accessory follows (5) No distinct legal personality
principal principal (6) Governed first by the contract of parties
(1) otherwise, by special legal provisions
ARTICLE 476: (2) in default of such provisions, by this Title
• Cloud on title
(1) Instrument, record, claim, encumbrance or proceeding which • Sources of co-ownership (TFLOCS)
is apparently valid or effective, (1) Testamentary disposition or donation inter vivos (testator
(2) Such instrument is in truth and in fact, invalid, ineffective, prohibits partition of the property)
voidable or unenforceable, or has been extinguished or (2) Fortuitous event or by chance (commixtion or confusion by
terminated, or has been barred by extinctive prescription accident)
(3) Such instrument may be prejudicial to said title (3) Law (easement in party walls, absolute community of
• Action to quiet title property)
(1) Plaintiff or complainant has a legal or an equitable title to, or (4) Occupancy (two folks catch a wild animal in the jungles of
interest in the real property subject of the action Borneo)
(2) The deed, claim or proceeding claimed to be casting cloud on (5) Contract (two persons share in paying purchase price)
his title must be shown to be, in fact, invalid or inoperative (6) Succession (in the case of heirs of undivided property)
despite its prima facie appearance of validity or legal efficacy
ARTICLE 493
ARTICLE 484 • Rights of each co-owner
• Co-ownership: that form of ownership which exists whenever an (1) Full ownership of his part, that is, his undivided interest or
undivided thing or right belongs to different persons share in the common property
(1) Plurality of owners (2) Full ownership of the fruits and benefits pertaining thereto
(2) Object of ownership must be an undivided thing or right (3) May alienate, assign or mortgage his ideal interest or share
(3) Each co-owners’ right must be limited only to his ideal share independently of the other co-owners
of the 
 (4) May even substitute another person in the enjoyment of his
physical whole part, except when personal rights are involved

4 of 4