PROPERTY 3.

Effective actions in favor of the active subject

against the passive subject for the
Things - All objects that exist that are useful to man. performance of prestation.
- that can be possessed
Property - All those that are already appropriated or are in DISTINGUISH REAL AND PERSONAL RIGHT
possession of man.
- things that are already possessed. REAL PERSONAL
Nos. of persons One definite Definite passive
- In order to constitute property, it must be appropriated. active subject and definite
and the rest as active subject
REQUISITES IN ORDER TO JURIDICALLY passive
CONSIDERED AS A THING OR PROPERTY (U,I,S) Object Corporeal thing Intangible thing
Manner Affects the Indirectly
1. Utility or the capacity to satisfy human wants. thing directly through
2. Individuality and substance or a separate and prestation of the
autonomous existence. debtor.
3. Susceptibility of being appropriated. Causes of Mode and title Title only
creating the
Common things are in nature itself has made common to all. juridical
*Whole mass are not susceptible of appropriation but a relation
limited quantity of the whole mass may be appropriated and Methods of Extinguished by Not.
thereby converted property. Extinguishmen the loss or
t destruction
Human Body – is not considered as a thing. But parts of are Nature of the Gives rise to Only personal
considered as things when separated from it. actions arising real actions actions against
*Juridical order admits of relations whose object consists of from against third the definite
parts of the human body. persons. debtor.
*Upon death the corpse becomes a thing, but not susceptible
of appropriation. CLASSIFICATION OF THINGS
*Right of possession – nearest relatives and the surviving
spouse. 1. DIVINE – created directly or indirectly by God.
*Subject matter in contract = void I. SPIRITUAL – directly influence the
*Gratuitous disposition = valid religious submission of man (sacraments,
prayers etc.)
RES NULLIUS – things which have been intentionally II. CORPOREAL OR
abandoned by their owners. ECCLESIASTICAL – more concretely
*Still considered as things, even without owners. WHY? and directly for religious salvation
They can still be appropriated. a. Sacred- consecrated to God, to
religion and its practice
CONCEPT OF APPROPRIATION – with intent to b. Religious- Destined for the
acquire its ownership contemplative life (monasteries)
c. Holy- violation of which was
RIGHTS AS PROPERTY – juridical sense considered as punished by extremely severe
property. penalty in Rome.
*Only patrimonial in character can be considered things. d. Temporal- properties used to attend
to the economic needs.
1. REAL RIGHTS (JUS IN RE) –the power 2. HUMAN – governed by laws
belonging to a person over a specific thing, without I. MATERIAL, CORPOREAL OR
passive subject individually determined against PHYSICAL – may touch or take.
whom such right may be personally exercised. (O,Im,N,E,D,I,H,C,A)
*A direct and immediate juridical power. a. By reason of ownership
1. Common – do not belong to
CHARACTERISTICS OF REAL RIGHTS: anyone in particular, but are
1. A subject and object connected by a relation created by Nature.
of ownership of the former over the latter. 2. Public – owned by the state
2. General obligation or duty of respect for such - Direct general use (ports,
relation, there being no particular passive rivers etc.)
subject. - Indirect use (mines,
3. Effective actions recognized by law to protect fortresses)
such relation against anyone who may want to
distribute it. 3. Corporate – owned by
collective entity.
2. PERSONAL RIGHT (JUS AD REM) – power 4. Nullius – which do not belong
belonging to one person to demand of another to anyone (abandoned
(right of obligation). property)
5. Private – are owned and
CHARACTERISTICS OF PERSONAL enjoyed by one or more
RIGHTS determinate persons.
1. Two subjects: ACTIVE AND PASSIVE. b. By reason of their immobility.
2. General obligation on the part of third persons
to respect the relation between the active and
passive subjects.
NCH_PROPERTY 1
 1. Immovable or Real – cannot 2. BY INCORPORATION – (par. 1,2.3.4 & 6) –
be transferred from place to essentially movables but are attached to an
place. immovable in such manner as to be an integral
2. Movable – can by their nature part.
be moved from place to place 3. BY DESTINATION – (par 4,5,6,7 & 9)
without injury. essentially movables, but by the purpose of which
3. Semi-movable – move by have been placed in an immovable, partake of the
themselves. nature of the latter because of added utility
c. By reason of number derived.
1. Universal – things collectively 4. BY ANALOGY OR BY LAW (par 10) –
form a single object in law.
2. Generic – homogenous in  Buildings on rented land
nature - Gen. Rule : Bldgs are
3. Specific – indicates the specie immovable
or its nature and the individual. - XPN: unless there is a
d. By reason of their existence lease agreement stating
1. Existing – exist in that there is a right to
actuality/present. remove the bldg. and
2. Future – do not exist in improvements.
actuality , but whose existence - Ownership of the land on
can reasonably be expected. which they are erected
e. By reason of their divisibility cannot change in nature as
1. Divisible – divided physically immovable property.
or juridically without injury to  Material Sold
their nature. - building or house has
2. Indivisible – cannot be been sold to demolish,
divided without destroying sale involve is movable
their nature. property. WHY? Because
f. By reason of their importance what was sold is the
1. Principal – considered as - MATERIALS
dependent or subordinate.  Construction
2. Accessory – dependent upon - materials will be
or subordinated to the immovable.
principal. - PROVIDED, not of such
g. By reason of homogeneity of a provisional character.
specie PAR. 2 – attached to land
1. Fungibles – which belong to a XPN: timber constitutes the natural product of the tenement.
common genus.
2. Non-fungibles – specifically UNGATHERED FRUITS
determined and cannot be - Fruits are movable.
substituted. - Manresa: Immovabe. WHY? No xpn in or
h. By reason of their consumability qualification is made.
1. Consumables - cannot be - Personal property
used in a manner appropriate
tottheir nature without being PAR. 4 – both immovable by incorporation and destination.
consumed. However generally be separated from immovable without
2. Non-consumables – those not breaking the matter or injuring the object.
consumed by use. IMMOBILIZATION BY OWNER
i. By reason of alienability - placed in the tenement by the owner of such tenement.
1. Within commerce of men – PAR. 5 – immovable by destination.
can be object of juridical  Immovable condition of these objects depends
transaction. upon their being destined for use in the industry.
2. Outside comm of men – GEN. RULE - The moment they are separated – they
cannot be object. recover their condition as movables.
II. Intangible, incorporeal or juridical –
they are not manifest to senses but are PAR 6 – intended to refer to the animals themselves living in
conceived only by understanding. these breeding places.

REQUISITES (INTAGIBLE) PAR. 7 – immovable by destination

1. External – manifested act - fertilizers should be on the land where they are to be
2. Personal – done by the debtor utilized.
3. Possible – when it can be done both in nature
and law EFFECT OF ENUMERATION
- Parties by their agreement cannot attribute immovable
character to things.
IMMOVABLE PROPERTY
 EXTENT –moved from place to place without ART. 416 – MOVABLE PROPERTY
injury. GENERAL TEST :
CLASSES OF IMMOVABLES 1. Whether it can be carried from place to place.
1. BY NATURE – (par 1 & 8) cannot be moved 2. Whether the change of location can be effected
from place to place. without injury to an immovable to which the object
may be attached.
NCH_PROPERTY 2
 3. Whether the object is not included in any of the ten Outside Commerce of Man – public dominion are
pars. Of Art 415. outside of the commerce of man.
PRINCIPLES:
ACT 1508 Growing crops = personal property 1. Cannot be alienated or leased or otherwise be
subject matter of contracts.
FORCES OF NATURE 2. They cannot be acquired by prescription against
- Manifestation and effects. the State.
- Electricity is a valuable article or merchandise bought and 3. Not subject to attachment and execution.
sold like other personal property and is capable of 4. Cannot be burdened by any voluntary easement.
appropriation by another. FOR PUBLIC USE – not subject to private appropriation.

SEMI-MOVABLES *In case of gradual encroachment – it appears that the

- now classified as movables. owner has to all intents and purposes abandoned it and
- susceptible of moving by themselves without assistance. permitted it to be destroyed.
*No private person could acquire title thereto except in the
INTELLECTUAL PROPERTY form and manner established by law. (GOVT vs
- Personal property CABANGIS)
- Pecuniary benefit which the owner can get. * The fact that is that it derived from water, the plaintiff had
lost their right through PRESCRIPTION. WHY? They failed
ART. 417 –PERSONAL PROPERTY to obtain the necessary authorization to devote it to their own
1. Obligations and actions which have for their object use.
movables or demandable sums
2. Shares of stocks of agricultural, commercial and * Property for public use can be used by everybody. No
industrial entities. private person can have a property right in the use of a street
for his private business.
OBLIGATIONS – all kinds of credit * Occupancy by squatters are void.
INTANGIBLE OBJECTS – exclusive character of the
enumeration of real property. PROPERTY FOR PUBLIC SERVICE – all property
DEMANDABLE SUMS – it is personal property. devoted to public service. Provided it is for public service, it
- credits whose can be recovered. falls within this category.

SHARES IN JURIDICAL PERSONS ART. 421 – PATRIMONIAL PROPERTY

- All juridical persons must be deemed included.  Property over which the state has the same rights
- interests of members (PARTNERSHIP) and the shares of and of may dispose.
stock (CORPORATION) are movables/personal property.  Those property that can be enter by a contract.
 Public lands are classified as private property of
STOCHECKER VS RAMIREZ – half interest in the the State as soon as they are available for
business is personal property capable of appropriation and alienation or disposition.
may subject to mortgage.
ART. 422 – How to become patrimonial property of the
ART. 418 CONSUMABLES AND NON- State.
CONSUMABLES  EFFECT: Public dominion ceases to be such and
becomes private property of the State only upon a
 CONSUMABLE THINGS – whose use declaration by the government. To the effect that it
according to their nature destroys the substance of is no longer needed for public use or service.
the thing or causes their loss. - Otherwise it will remain
 FUNGIBLES AND NON-FUNGIBLES – quality public domain.
of being fungible depends upon their possibility.  Mere possession of land does not automatically
divest if of its public character.
FUNGIBLE THINGS – things whose individuality can be
determined by counting, weighing or measuring. ARTS. 423-424 – Public service paid for by said
NON-FUNGIBLE THINGS – own individuality and do not provinces, cities or municipalities
admit of substitution.  Applicable Principles: same principles as property
of public domain of the same character.
DISTINCTION BETWEEN CONSUMABLE AND
FUNGIBLE ART. 425 – PRIVATE OWNERSHIP RECOGNIZED
- Fungible and Non-Fungibles – classification according to  Must be recognized as owner.
purpose, depending on whether they can be substituted.  Proved his right of ownership.
QUALITY AND QUANTITY
 If private ownership is established, a piece of land
- Consumable and Non-consumable – nature of the thing.
will not be held property of the public dominion.
- intention of the parties to a contract that
determines whether the object is fungible or non-fungible
ART. 427 – OWNERSHIP
ART.419 – Property is either public dominion or private
 Independent and general power of a person over a
ownership.
thing for purposes recognized by the law.
 Public Dominion – special characteristics of a
collective ownership for the general use and
ART. 428 – RIGHTS OF OWNERSHIP
enjoyment.
1. Right to enjoy and dispose the thing owned.
ART. 420 –Kinds of Public Dominion
 Right to enjoy: right to receive and right to
1. Those intended for public use.
consume the thing by its use.
2. Those which belong to the state, without being for
public use and are intended for some public service
or for the development of the national wealth.
NCH_PROPERTY 3
 - Unless prevented by contract or by special - The person who claims must prove both
law, the owner cannot be deprived of the ownership and identity is the basic rule.
enjoyment of his property. - PEACEFUL POSSESSION –
- There must be a distinction between possessor of the property must be
ownership and use and possession. respected in his possession and cannot be
 Right to dispose: power to alienate and destroy the required to surrender possession until the
thing owned. competent court rule. He cannot be
- Subject to limitations imposed by law. OUSTED BY FORCE OR VIOLENCE.
- One who is not the owner, but mere occupant - ESTOPPEL: Owner of the property
or mortgage cannot validly sell the property who is charge with actual or constructive
2. Right to exclude from the possession of the thing notice of the entry (by the benefit of the
owned by any other person to whom the owner has public and who stands without objection
not transmitted. or protest) IS DEEMED TO HAVE HIS
3. Right to recover – the action to recover property RIGHT OF ACTION TO RECOVER.
pertains to the owner of the thing and he may  Right to exclude (jus vindicandi) exclude from the
proceed not only against the person in actual possession of the thing owned to any person to
possession but anyone unlawfully detaining it. whom owner has not transmitted.
- The possessor has the presumption of the  ACTIONS FOR POSSESSION
title in his favor, but plaintiff can prove his 1. Forcible entry and unlawful detainer – a
title as owner and establish identity of the person deprived from the possession or a
property. building is unlawfully withheld after an
- The right to recover is given to the owner by expiration or termination of the right to hold
the law. possession.
- In action of recovery person who claims - They may bring an action from the
must prove both ownership and identity is time of the demand to vacate.
the basic rule. - PRESCRIPTION: 1 year
- ACTION: Restitution plus damages
ESTOPPEL - As long as there is force and
- Who is charged with actual or constructive notice of intimidation you can file for an
the entry. action of forcible entry.
- Who stands by without objection or protest is deemed 2. Plenary action (ACCION PUBLICIANA) –
to have waived his right of action to recover owner is dispossessed by any manner in
possession of his. RULE 70, he may maintain a plenary action
- REMEDY: Action for damages for the value of to recover possession and it is not necessary
property. for him to wait until the expiration of one year
before commencing such action.
The owner or lawful possessor of a thing: RIGHT TO - When judgment is rendered in a forcible
EXCLUDE ANY PERSON FROM THE ENJOYMENT entry an detainer another plenary action
AND DISPOSAL. cannot be maintained, because the matter
HOW? May use force as REASONABLY necessary to repel of possession becomes res judicata.
or prevent an actual or threatened unlawful physical invasion - When possession of land by another is
or usurpation of property. due to tolerance of the owner, the action
is ejectment is ACCION PUBLICIANA.
 Right to enjoy – (jus tendi) right to receive. (jus 3. Reinvindicatory Action (Accion
abutendi) right to consume the thing by its use. reinvindicatoria) – Restitution of the
- Unless prevented by the contract an possession.
owner cannot deprived of the enjoyment - In case there is refusal of a party to
of his property on the plea that the other deliver a possession due to adverse
needs it because of emergency. claim, the action is AR.
- Separation of ownership: H and W live
separately, children are with the mother, WRIT OF POSSESSION – after the land has
if there are two automobiles, the one car been registered in the Torrens system, the original
belongs to the mother and the children registered owner is entitled for writ of possession.
for their use. - TO WHOM? The parties who appear and
 Right to dispose (jus disponendi) the power of the answer in the land registration
owner to alienate, encumber transform and destroy proceedings and all those who having
the thing owned. been served with process do not appear
- Only the owner can dispose the property. or answer.
- Who is not the owner, but is a mere - Only issued once and only against parties
occupant or mortgagee cannot validly in possession of the property at the time
sell the property occupied. of registration.
 Right to Recover – owner of the thing. - If there is a writ issued: (in favor of the
- May proceed with the person in actual original owner) no writ will be issued
possession and anyone unlawfully again in favor of the claimant.
detaining it. - If there is no writ has previously been
- The possessor has the presumption of the issued: a subsequent transferee of the
title in his favor. land is entitled to such writ against
- But if the plaintiff can prove his title that parties who oppositors in the land
he is the owner and established the registration proceeding.
identity of the property claimed as his, he - NO PRESCRITPION
may be entitled to recover.

NCH_PROPERTY 4
 - General Rule: Writ of possession is Can only be applied if there is an actual,
improper to eject another from intimidation or threatened of physical invasion at
possession. precise moment.
- XPNS: DISTURBANCE OF POSSESSION – force may
1.Land registration proceeding; be used against at any time.
2. Extrajudicial foreclosure of mortgage REAL DISPOSSESSION – force to regain
or real property; possession can be used only IMMEDIATELY
3. Judicial foreclosure of property after the dispossession.
provided that the mortgagor has If immovable property – no delay in use of force to
possession and no 3rd party intervene; recover it (Real dispossession).
4. Execution Sales WHO MAY USE?
- The real possessor
WRIT OF INJUNCTION – plaintiff is - Immediate possessor
admittedly the owner of the property and is in - Third person acting in negotiorum gestor
possession thereof, he is entitled to the equitable NATURE OF AGGRESSION – Illicit and unlawful
remedy of injunction to prevent or restrain acts of
trespass and illegal interference. ART. 430 – Owner may enclose or fence the property
- Dispossessed plaintiff – within 10 days to file The right of the owner to inclose his tenement is limited
a motion for writ of preliminary mandatory by the servitudes existing thereon.
injunction to restore him in possession.
- Court required to decide within 30 days from ART. 431 – Scope of limitation
the filing. - When a person makes an exceptional or
extraordinary use of his tenement thereby causing
REMOVAL OF IMPROVEMENTS – the injury to third persons, he should be liable for the
plaintiff must petition to the court for the removal injury.
of such improvement, which shall be ordered by
the court only AFTER due hearing and upon ART. 432 – EMERGENCY DOCTRINE/RULE – the
failure of the defendant to cause the removal owner of the thing, you have no right to prohibit the
thereof himself within reasonable time. interference of another person with your property as long as
the interference is necessary to avert greater danger.
LIMITATIONS ON OWNERSHIP COMPARATIVE DANGER – seriousness or gravity
1. General Limitation for the benefit of the State – of the danger must be greater than the damage to the
Police power property affected or destroyed by the protective act.
2. Specific Limitation imposed by law – Power of
taxation ART. 433 – PROCESS
3. Limitations imposed by transmitting party either Judicial Process – a person entitled to the possession
by contract or will. must invoke aid of the competent court by filing the
4. Limitations imposed by owner himself – any proper complaint for the recovery.
voluntary act that is permissible under the law. The
law intervenes as to prevent limitations that are ART. 434 – ACT OF RECOVERY
arbitrary and capricious. Any person claims that he has a better right.
5. Inherent Limitations arising from conflicts. REQUISITES FOR RECOVERY
1. He has a better title
LIMITATIONS FOR PUBLIC INTEREST - The possessor has a presumption of title and
1. Expropriation for public use unless proven that the latter has a better right.
2. Military requisitions - Failure to prove his right: Bar an action to
3. Zonification laws and regulations. recover the property
4. Public or government monopolies 2. Identity of the property
5. Laws on waters and mines. - May be established through survey plan of the
6. Laws on public services property.
7. Public health - No proof of identity: DISMISSED.
8. Public easement
ART. 435 – No person shall be deprived of his property
Stipulation and Inalienability – If the prohibition except by the competent authority and for public use.
is perpetual: ABSOLUTELY VOID. A Power of eminent domain is usually and ordinarily
prohibition for a long time may be considered delegated to all such enterprise and may be considered
perpetual. essential to their proper development and efficiency, it
Temporary prohibition on alienation: VALID. is only by grant from the State and within the limits
Short time and serves some serious and lawful prescribed.
interest. When the owner cannot recover – the owner of the
- Maximum period of alienability: 20 years property that the government exercised the power of
- SANCTION FOR VALID domain is estopped from recovering the property
INALIENABILITY: occupied.
1. The alienation may resolve grant. PUBLIC USE OR UTILITY – the legislature has
2. Alienation may be invalidated , but the conferred general authority to take the land for public
original contract preserved. use, necessity for the expropriation is an issue which is
competent for the courts to decide.
ART. 429 - PRINCIPLE OF SELF-HELP
Authorizes the lawful possessor to use force not ART. 436 – Exercise of Police power
only to prevent a threatened unlawful invasion or - It may be seized by competent authority
usurpation. whenever there is interest of health, safety or
Merely self-defense. security and owner is not entitled for just
NCH_PROPERTY 5
 compensation, unless he can seizure is - If the landowner acted in bad faith, the owner of
unjustified. materials may remove them with a right to be
indemnified for damages.
ART. 437 – the owner of has right over the surface and of
everything under the property. ART. 448
- It extends only up to such depth as you can still make use – The owner of the land on which anything has
of it. been build in good faith shall have the right to
appropriate as his own work after payment of
ART. 438 and 439 – Hidden treasure belongs to the owner indemnity.
of the land, building or property which where it was found. – Or the owner may oblige the builder to pay the
- It must be by money, jewels or precious objects land.
and it must be unknown. – XPN: if the value of the land is more than of the
- The discovery is made by another by accidental: building.
50% to owner, 50% to finder.
- If the things found is in interest to science or arts ART. 449 – the builder who acted in bad faith will
the State may acquire it. lose what is built without right to indemnity.
- When the owner purposely hide it, he may - Until the amount is not yet fully paid, the
recover entirely from the finder. landowner can demand payment.
- But if the thing had been considered lost by - There’s nothing in the law that says it is
owner or abandoned it and 3rd person do not know automatically the landowner will be the owner of
of its existence, it becomes hidden treasure. the building if he fails to pay rent.
- Strangers – absolutely no right over the - Due to fortuitous event there is no right of
immovable or the thing in which treasure is retention
found.
- Finder entitled to Share – ART. 450 - The owner may demand the builder in
1. Finder who actually discovered the bad faith the demolition of the work or removed in
treasure. order to replace things in their former condition at the
2. The person who brings to view. expense of the builder or may pay the price of the land.
- If the finder conceals it to the owner of the land
he may be liable civilly and criminally. ART. 451 – The landowner is entitled to damages
- Discovery by chance – the finding must be by from the builder.
chance in order that a stranger may be entitled to
one-half of the treasure. There must be no ART. 452 – the builder in bad faith is entitled to
purpose or intent to look for treasure. reimbursement for necessary expenses.

ART. 440 – The ownership of property gives the right ART. 453 – Both acted in bad faith the rights of one
of accession. and the other shall be the same as though both acted in
ART. 441 – To the owner belongs: good faith.
1. Natural fruits - Bad faith of the owner – the act is done with
2. Industrial fruits knowledge without opposition of the builder.
3. Civil fruits
ART. 442 – ART. 454 – Owner bad faith, builder good faith
- Natural fruits – spontaneous products of soil - Art. 447 shall apply.
- Industrial fruits – produced by land of any kind
through cultivation. ART. 455 – THIRD PERSON INVOLVE
- Civil fruits – rents of the building. - Not acted in bad faith the owner of the land shall
ART. 443 – The one who receives the fruits must pay answer subsidiarily for the value.
to the 3rd person - If the owner of the materials used by the builder,
- there must be payment. he may demand from the landowner the value of
ART. 444 – Considered natural or industrial fruits the materials.
1. Manifest or born
2. With respect to animals, it is sufficient that they ART. 456 – Negligence
are in the womb. - Remedy: Right to damages

RIGHT OF ACCESSION – GEN RULE: whoever ART. 458 – The owners of estates with ponds or
benefits from the accession must pay for the same. lagoons do not acquire the left dry.

ART. 445 – Improvements belong to the owner of the ART. 459 – Xpn to Art. 458
land. - Current of a river segregates from the an estate on its
bank a known portion of land and transfers to the
ART. 446 – All works, sowing and planting are estate, the owner of the segregated estate retains
presumed made by the owner. ownership but must be removed within 2 years.

ART. 447 – The owner of the land who makes ART. 462 – New river bed = public domain.
personally or through another shall pay the value.
- If he acted in bad faith: he shall be obliged to the ART. 463 – islands which may be formed on the seas
reparation of damages. (floatable) belong to the state.
- The owner of the materials shall have the right to
remove only in case without injury to the work RIGHT OF ACCESSION WITH RESPECT TO
constructed. MOVABLE PROPERTY

ART. 466 – the greater the value is the principal.

NCH_PROPERTY 6
 RULE: - Action to remove cloud (to procure cancellation
1. If they are separable, not accession. which may vex or used to injure in enjoyment of
2. title) or action to quiet a title (putting an end to
3. The owner of the accessory is born more vexatious litigation)
precious than the principal. - Reasons to remove cloud:
1. Prevention of litigation
ART. 467 – Criteria to determine Principal 2. Protection of true title
1. Importance or purpose of the things. 3. The real interest of both parties.
2. Their value
3. Their volume. ART. 477 - the plaintiff must have legal title or
interest to the said the property.
ART. 468
- Cannot be determined by rule: greater value shall be ART. 478 – The contract is extinguished,
considered and if equal, the greater volume. terminated or barred by extinctive prescription.
– When tests insufficient
- The matter should be determined by taking into ART. 479 – the plaintiff must return to the
account all the provisions applicable in order to defendant all benefits he may received or
decide from the comparative merits utility and reimburse him from expenses.
volume of the things which should considered as
the principal. CO-OWNERSHIP

ART.469 ART. 484 – Co-ownership undivided thing or right

- Expenses of separation- the owner of the who belongs to different persons.
caused the union or incorporation shall be
responsible for the conflicts of rights. ART. 485 – Benefits and charges shall be
proportional to their respective interest. Any
ART. 470 – Bad faith and Good faith stipulation in a contract contrary VOID.
- Owner of the accessory acted in BF: he shall lose
the thing incorporated and shall have obligation ART. 486 – Co-owner may use the things owned
to indemnify the owner of the principal thing. in common.
- Owner of the principal acted in BF: the owner of - Use in accordance with the purpose of the thing.
accessory shall have a right to choose between the - Not to injure the interest of co-ownership or
former paying its value or the thing belonging to prevent the co-owner from using it according to
him shall be separated even to destroy the its rights.
principal thing plus in both cases he shall
indemnify for damages. ART. 487 – any co-owner may file ejectment.
- Without objection: both acted in good faith.
ART. 488 – Each co-owner shall have a right to
ART. 471 – The owner of the material employed without his compel the other co-owner to contribute to the
consent has a right to an indemnity: expenses of preservation of the thing.
1. Demand for the delivery of thing with same value - No waiver shall be made if it will prejudice the
and kind co-ownership.
2. Price according to expert appraisal
ART. 489 – Repair for preservation at the will of
ART. 472 - Will of the owners two things of same or one of the co-owners must notify his co-owners of
different kinds are mixed and things are not separable the necessity.
without injury, each owner shall acquire a right proportional - Expenses to improve or embellish the thing shall
to the value belonging to him. be decided by majority.

ART. 473 – If by will of the only one owner acted in good ART. 490 – check notes*
faith, the rights of the owner shall be determined.
- If one who caused the mixture or confusion acted ART. 491
in bad faith, he shall lose the thing belonging to - No co-owner shall make alternations without the
him plus damages caused to the owner of the consent of the others.
other thing. - If withholding of consent is prejudicial- court
may give relief.
ART. 474 – Transformed appropriate thing
- One who acted in good faith employs the material ART. 492 –
in whole or partly making a different kind, Gen. Rule: The resolutions of majority shall be
indemnifying to the owner. binding.
- If the material is more precious than the Elements:
transformed, the owner may appropriate the new 1. Approved by co-owners.
thing after paying the indemnity or demand 2. Be seriously prejudicial to interested in
indemnity for the material. property in common the court shall deem all
- If there is bad faith, the owner of the thing may: proper measure.
right to appropriate, demand of the latter that - When the thing is exclusive and remainder is
indemnify him for the value and damages. owned in common, ONLY PART OWNED IN
COMMON.
QUIETING OF TITLE
ART. 476 – the title appears to be valid or effective but in ART. 493 – Co-owner shall have the full
truth and in fact is invalid. ownership of his part and of the fruits and
- There is a cloud on title to real property benefits.
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 - XPN: Personal rights involved. POSSESSION

ART. 494 – No co-owner is obliged to remain in ART. 523 – to actually and physically occupy a thing,
co-ownership. with or without right.
- Each may demand partition of the thing owned. - Holding of a thing of a right.
- PRESCRIPTIVE PERIOD: 10 YEARS STILL - Presumed ownership
VALID. - Material Occupation – idea of occupation
- There should be occupancy or there is no
ART. 495- the co-owners cannot demand a physical possession.
division of the thing owned in common. - Animus Possindendi – intends to exercise and
does exercise a right of possession.
ART- 496 – Partition is done in Judicial Proceedings. - In order to complete possession
(Requirements):
ART. 497 – creditors or assignees of the co-owner 1. Occupancy, apprehension or taking
may take part in the division of the common thing 2. Intent to possess
owned but they cannot impugn any partition already - Animus possidendi may be rebutted if the person
executed. appears to be does not in fact exercise the power
or control and does not intend to do.
ART. 498 – The thing is essentially indivisible and the CONSTRUCTIVE POSSESSION
co-owner cannot agree it shall be sold and its proceeds – GEN. RULE: The possession and cultivation of a
distributed. portion of tract under claim of ownership of all is
a constructive possession of all, if the remainder
ART. 499 – The partition of a thing owned in common is not in the adverse possession of another.
shall not be prejudice to third persons. – Applies when the possession is under title calling
- Personal rights pertaining to third persons against for the WHOLE.
co-ownership is enforce. Degrees of Possession
1. Mere holding or possession without title and
ART. 500 – Mutual accounting for benefits received in violation of the right of the owner. Both
and reimbursements for expenses. Possessor and public have knowledge that it is
wrong.
ART. 501 – Every co-owner shall after partition be 2. Possession with Juridical title, possession
liable for defects of title and quality of the portion. peaceably acquired.
3. Possession with a just title or title or a title
sufficient to transfer ownership.
4. Possession with a just title from the true
owner.

CLASSES OF POSSESSION
1. Possession in concept of owner and possession in
concept of holder.
2. Possession by oneself and possession in the name
of another.
3. Possession in good faith and possession in bad
baith.

Natural Possession
- Constant possibility of that apprehension or
occupation whenever the will should so
determine.
- Power to constantly make use of the thing, to
apprehend or occupy it and make it useful
according to its kind and purpose.
Civil Possession
- The intention to make the thing or right one’s
own.
- Considered to have civil possession
1. The owner himself, who holds and enjoys
the things belonging to him;
2. The possessor who is not the owner but has
the intention to act as such and is considered
as such by others
3. The thief and the usurper who, in spite of
their intention and the fact that they are civil
possessors.
Distinction Abolished

ART. 524 – Possession in the name of the other.

- Through agent
- Maybe necessary or voluntary.
- Do not limit to cases which are strictly of direct
representation or representative does not have a
possession of his own.
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 - Extend to cases in change of the personality Good faith – 10 years
exercising the possession. Bad faith – 30 years
- Person who has the thing or enjoys the right and
therefore possessor.
- A person neither has and enjoys the right but not
a possessor but who exercise the possession of
another.

ART. 525 – Two concepts of possession

1. Holder of the thing or right to keep enjoy –
possesses as a mere holder acknowledges in
another a superior right to which he believes to be
to be ownership.
- None of the holders claim to be an owner.

2. Concept of owner – owner himself or one claims

to be so.
- Possessor is convinced or believes that he is the
owner of a thing which has acquired by just title.
- A person claims to be the owner, acting as an
owner and performing acts of ownership and he is
or may be considered as the owner by those who
witness his exercise of proprietary rights then he
is a possessor in the concept of the owner.
EFFECTS OF POSSESSION IN CONCEPT
OF OWNERSHIP
1. Possession is converted into ownership by the
lapse of time necessary for prescription
2. Possessor can bring all actions necessary to
protect his possession. XPN: AR which is
substituted by AP.
3. Ask for the inscription
4. Recovery of possession and demand fruits and
damages.
5. He can do anything in the land possessed
under the law.

ART. 526 – POSSESSOR IN GOOD FAITH AND BAD

FAITH
Good faith is one who is unaware that there exists
a flaw which invalidates his acquisition of the
thing.
- Honest intention to abstain from taking any
unconscientiously advantage of other.
- Freedom from knowledge and circumstances.
Bad faith possession of property knowing that his
title is defective.
- Bad faith is not transmissible from one person to
another, not even to an heir.

ART. 527 – Good faith always presumed.

The one who alleges bad faith has the burden of
proof.
Unless such proof of bad faith is presented, the
possessor will be held to be in good faith.
The legal presumption of good faith is not quickly
transferred into the opposite presumption of bad
faith.

ART. 528 – Interruption of Good Faith

Ceases from the moment defects in the title are
made known to the possessor by extraneous
evidence or by suit of recovery.
Conversion takes place there are no other facts
from which the interruption of good faith may be
determined and an action is filed to recover
possession, good faith ceases from the date of the
summons to appear at the trial.
ART. 530 – Only things and rights which are susceptible of
being appropriated are subject of possession.
Art.1113 all things within the commerce of man
are susceptible of prescription.
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FINALS coupled with the element of hostility toward the right of the
true owner.
EFFECTS OF POSSESSION

Art. 539 – Every possessor has a right to be respected in

his possession.
Possession Protected – Against the exercise of a
right by one’s own authority.
All kinds of possession
REASON: In order to avoid disturbance in the
community and prevent anyone from taking the
administration of justice into his own hands.
An owner cannot forcibly eject a possessor.
REMEDY: Resort to the courts.

Doctrine of Roman Catholic Church vs Familiar

A landlord cannot summarily enter and dispossess
his tenant, even for nonpayment of rent and until
the lease terminated the tenant has a right to the
possession.

Restoration of Possession; Forcible Entry – Rule

70 of ROC gives to any person deprived of the
possession on any land.
 Any time at within 1 year after such unlawful
deprivation.
 In order to constitute the use of force: trespasser
does not have to institute a state of war.
 The foundation of the action is really the forcible
exclusion of the original possessor by a person
who has entered without right.
Prior Peaceful Possession – right to of possession
secure.
 EVIDENT INTENT RULE: the remedy of
forcible entry and detainer is to be used against the
usurper and not against the person wronged.
 First act of spoliation

MASSALO VS CESAR
RULING: The defendant was in prior peaceful
possession. The person entitled to the action of
forcible entry and detainer is the first having actual
possession.

Other Remedies – more that one year

 Accion Publiciana – action for the recovery of
possession of real property
 Accion Reinvindicatoria – setting up title and right
to possession.
 Not necessary wait for 1 year to lapsed. WHY?
Courts have actions.
 But once an action of forcible entry and detainer
had already been instituted, AP can no longer be
res judicata. But AR is not barred.
 Owner who is in possession seeks protection from
the wrongful acts of a mere intruder: WRIT OF
INJUNCTION MAY BE ISSUED to protect the
owner in possession from illegitimate acts of
repeated trespass and intrusion by a stranger.

ART. 540 – ACUIRED AND ENJOYED IN THE

CONCEPT OF OWNER
Possession must be under claim of ownership
 Peaceful
 Public
 Uninterrupted
- Occupation and use however long continued, will not
confer title by prescription or adverse possession unless

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