PROPERTY

(2) Movables –(Art. 416 to 417)

Requisites: (USA)
(a) Utitlity a) Those movables susceptible to
(b) Substantivity appropriation which are not included in the
(c) Appropriability or susceptibility to preceding article
appropriation b) Real property which by any special
provision of law is considered as personal
Classification: According to Mobility property
c) Forces of nature which brought under
(1) Immovables or real (Art. 415) control by science; and in general, all things
a) immovables by nature (pars 1 and 8) – which can be transported from place to
those which cannot be moved from place to place without impairment of the real
place property to which they are fixed
i. Land, buildings, roads and d) Obligations and actions which have for their
constructions of all kinds adhered to object movables of demandable sums and
the soil e) Shares of stock of agricultural, commercial
ii. Mines, quarries, and slag dumps, while and industrial entities although they may
the matter thereof forms part of the have real estate.
bed, and waters either running or
stagnant Notes:
 Separate treatment by the parties of a
b) immovables by incorporation (pars 2, 3, 7) – building from the land on which it stands
those which are essentially movables but does not change the immovable character.
are attached to an immovable The fact that parties seem to have dealt
i. Trees, plants, and growing fruits, while with it separate and apart from the land in
they are attached to the land or form no wise changed its character as real
an integral part of an immovable property. (Leung Yee v. Strong
ii. Everything attached to an immovable in Machinery)
a fixed manner, in such a way that it  Buildings being immovable by nature, the
cannot be separated therefrom without ownership of the land on which they are
breaking the material or deterioration erected cannot change their nature as
of the object immovable property
iii. Fertilizer actually used on a piece of  When trees and plants are cut or uprooted,
land they become movables
 When ungathered fruits are sold, there is a
c) immovables by destination (pars 4, 5, 6, 9)– sale of movables.
those which are essentially movables but by  Immovable condition of machineries
the purpose for which they have been depends upon their being destined for use
placed in an immovable in the industry or work in the tenement.
i. Statues, reliefs, paintings or other  Where chattel mortgage is constituted on
objects for use or ornamentation, machinery permanently attached to the
placed in buildings or on lands by the ground, machinery is personal property and
owner of the immovable in such a mortgage is not null and void, regardless of
manner that it reveals the intention to who owns the land. (Makati Leasing and
attach them permanently to the Finance Corp v. Wearever Textile Mills)
tenements  Intellectual property or the right of the
ii. Machinery, receptacles, instruments or author, artist or inventor over his work is
implements intended by the owner personal property.
of the tenement for an industry or  Obligations under Article 418 refer to
works which may be carried on in a credits such as bonds.
building or on a piece of land, and  Half-interest in a business is personal
which tend directly to meet the needs property capable of appropriation and may
of the said industry or works be subject to mortgage (Strochercker v.
iii. Animal houses, pigeon-houses, Ramirez)
beehives, fish ponds or breeding places
of similar nature, in case their owner Cases
has placed them or preserves them Machinery which is movable in its nature only
with the intention to have them becomes immobilized when placed in a plant by
permanently attached to the land, and the owner of a property or plant but not when
forming a permanent part of it; the placed by a tenant, usufructuary etc. unless
animals in these places are included acting as an agent of the owner. (Davao
iv. Docks and structures which, though Sawmill v. Castillo)
floating, are intended by their nature
and object to remain at a fixed place on While generally, real estate connotes the land
a river, lake, or coast and the building constructed thereon, it is
d) immovables by analogy or by law (par. 10) obvious that the inclusion of the building,
i. Contracts for public works, and separate and distinct from the land, in the
servitudes and other real rights over enumeration of what may constitute real
immovable property properties (Art 415, par 1 NCC) could mean only
one thing – that a building is by itself an susceptible of being exercised against a
immovable property. In view of any specific determinate person and the whole world.
provision to the contrary, a building is an (b) Right of obligation or Personal (jus ad rem)—
immovable property, irrespective of whether or rights belonging to one person to demand
not said structure and the land on which it is of another as a definite passive subject, the
adhered belong to the same owner. (Lopez v. fulfillment of a prestation to give, to do, or
Orosa) not to do.

Since only personal properties could be the Real rights arises from (OPLUMEPARP)
subject of a chattel mortgage, the execution 1. Ownership 6)Easement
and registration of the chattel mortgage and the 2. Possession 7) Pledge
foreclosure of the house are null and void. 3. Lease 8) Antichresis
(Associated Insurance & Surety Co. v. Iya) 4. Usufruct 9) Redemption
5. Mortgage 10)
It is undeniable that the parties to a contract Preemption
may by agreement treat as personal property
that which by its nature would be real property,
as long as no interest of third parties may be
prejudiced thereby. Real Rights Personal Rights
(Makati Leasing and Finance Corp. v. (1) One definite (1) There is a
Wearever Textile Mills) active subject and definite active
the rest of the world and passive
Importance and Significance of as passive object.
Classification of Property (2) Object is a (2) Object is an
corporeal thing. intangible thing.
(a) Criminal law (3) Real right (3) Personal affects
Usurpation of property can take place only affects the thing the thing directly
with respect to real property. On the other directly. through the
hand, robbery and theft can be committed prestation of the
only against personal property. debtor.
(4) Creation of the
(b) Form of contracts involving movables or (4) The creation of juridical title is by
immovables the juridical relation title alone.
Only real property can be the subject is by mode and (5) Not extinguished
matter of real property and antichresis, title. by the loss or
while only personal property can be the destruction of the
subject matter of simple loan or mutuum, (5) Extinguished by thing.
voluntary deposit, pledge and chattel the loss or (6) Produces only
mortgage. destruction of the personal actions
thing. against definite
(c) Prescription debtor.
The determination of the prescriptive period
(6) Gives rise to
real actions against
depends on whether the property is real or
3rd persons
personal. Ownership over immovables is
acquired by prescription, although there is
Classification of Movables
bad faith in 30 years (Art. 1137), whereas
the period is only 8 years in case of
(a) Consumables – Those whose use according
movables.
to their nature destroys the substance of
the thing or causes their loss to the owner.
(d) Venue
(b) Non-consumable
In private international law, the general law
is that immovables are governed by the law
Classification According to Ownership
of the country in which they are located,
whereas movables are governed by the
a) Public Dominion
personal law of the owner which in some
i. intended for public use
case is the law of his nationality and in
ii. intended for public service of state,
other cases, the law of his domicile.
provinces, cities & municipalities
Characteristics:
(e) Taxation
i. outside the commerce of men – cannot be
The classification of property into realty or
alienated or leased
personalty is different for t taxation purposes.
ii. cannot be acquired by private individual
The NCC only supplements the Tax Code.
through prescription
iii. not subject to attachment & execution
Differences between Real Rights and
iv.cannot be burdened by voluntary easement
Personal Rights
b) Private Ownership –
Kinds of rights considered as property
i. patrimonial property of state, provinces,
(a) Real (jus in re)—power belonging to a
cities, municipalities
person over a specific thing. It gives direct
-exist for attaining economic ends of state
and immediate juridical power over a thing
 -property of public dominion when no
longer intended for public use/service – There are 2 norms of classification of property.
declared patrimonial Art. 423 and 424 CC provide that except for
property for public use and public works for
ii. property belonging to private persons – public service paid for by provinces, cities or
individually or collectively municipalities, “All other property possessed by
any of them is patrimonial and shall be
governed by this Code, without prejudice to the
Cases provisions of special laws.” Under this, all but 2
Reclaimed land is public property. In case of of the properties would be patrimonial
gradual erosion by the ebb and flow of the tide, properties of the former province. Under the law
private property may become property of the on Municipal Corporations, however, to be
public domain, where it appears that the owner considered public property, it is enough that
abandoned it or permitted it to be destroyed. property be held and devoted for governmental
When they stay in that condition until reclaimed purposes. Using this, 26 of the lots are
by filling in done by the government, they patrimonial. (Province of Zamboanga del
continue to be government property after Norte v. City of Zamboanga)
reclaiming. Immediate possession by the former
owner does not confer on him ownership of the
lots, because, as they were converted into The 157.84 hectares of reclaimed lands
property of the public domain, no private person comprising the Freedom Islands, now covered
could acquire title except in the form and by the certificates of title in the name of PEA,
manner established by law. are alienable lands of the public domain. PEA
(Government of the Philippine Islands v. may lease these lands to private corporations
Cabangis) but may not sell or transfer ownership of these
lands to private corporations. PEA may only sell
The sale to private parties of a public road these lands to Philippine citizens, subject to the
which has been validly closed by the city ownership limitations in the 1987 Constitution
government is valid. Art 422 of the Civil Code and existing laws.
expressly provides that “property of public
dominion, when no longer intended for public The 592.15 hectares of submerged areas of
use of for public service, shall form part of the Manila Bay remain inalienable natural resources
patrimonial property of the State.” of the public domain until classified as alienable
(Cebu Oxygen and Acetylene v. Bercilles) or disposable land open to disposition and
declared no longer needed for public service.
The attachment of the municipal trucks, police The government can make such classification
cars, police station and market stalls is void and declaration only after PEA has reclaimed
because the properties levied upon are exempt these submerged areas. Only then can these
from execution. It is generally held that lands qualify as agricultural lands of the public
property owned by a municipality, where NOT domain, which are the only natural resources
used for a public purpose but for quasi-private the government can alienate. In their present
purposes, is subject to execution on a judgment state, the 592.15 hectares of submerged areas
against a municipality, and may be sold. are inalienable and outside the commerce of
However, property for public use of the man. (Chavez v. PEA)
municipality is not within the commerce of man
so long as it is used by the public and,
consequently, said property is also inalienable. OWNERSHIP
Property, real and personal, held by
municipalities in trust for the benefit of their  Independent and general right of a person to
inhabitants, and used for public purposes, is control a thing particularly in his possession,
exempt from execution. (Vda. De Tantoco v. enjoyment, disposition, and recovery, subject
Municipal Council of Iloilo) to no restrictions except those imposed by
the state or private persons, without prejudice
In the absence of a deed or title to any land to the provisions of the law.
claimed by the City as its own, showing that it  Power of a person over a thing for purposes
was acquired with its private or corporate funds, recognized by law & within the limits
the presumption is that such land came from established by law
the State upon the creation of the municipality.
Such property is held in trust for the benefit of Attributes of Ownership
its inhabitants, whether it be for governmental (1) Jus possidendi- right to possess
or proprietary purpose. (Salas v. Jarencio) (2) Jus Utendi (right to use)—right to enjoy by
receiving the thing that it produces.
Public funds are held in trust for the people, (3) Jus abutendi—right to enjoy by consuming
intended and used for the accomplishment of the thing by its use
the purposes for which municipal corporations (4) Jus Disponendi—the right to dispose or the
are created, and that to subject said properties power of the owner to alienate, encumber,
and public funds to executions would materially transform, and even destroy the thing
impede, even defeat, and in some instances, owned.
destroy such purpose. (Municipality of San - Includes right no to dispose
Miguel v. Fernandez)
 - This right is reserved exclusively to the threatened unlawful invasion or usurpation of
owner the property.
- This right can be partial if it can be Elements:
divided. It can also be temporary as in the a)Person exercising rights is owner or lawful
case of lease or pledge. possessor
(4) Jus Fruendi – right to receive fruits b)There is actual or threatened unlawful
(5) Jus Vindicandi—right to exclude from the physical invasion of his property (not
possession of the thing owned by any other available to squatters)
person to whom the ownership has not c) Use force as may be reasonably
transmitted such thing, by the proper action necessary to repel or prevent it
for restitution, with the fruits, accessions, -Available only when possession has
and indemnification for damages. not yet been lost, if already lost – resort
to judicial process
Actions for possession: -May be exercised by 3 rd person –
negotiorum gestio
1. movable – replevin (return of a movable)
2. immovable – (7) Right to Enclose or Fence without detriment
a) forcible entry – used by person to servitudes constituted thereon.
deprived of possession through Force,  A person cannot enclose his tenement and
Intimidation, Strategy, Threat or Stealth construct a fish pond that will obstruct the
(FISTS) natural flow of waters from the upper
b) unlawful detainer – used by tenements to the injury of the owners of
lessor/person having legal right over such tenements. (Lunod v. Meneses)
property when lessee/person
withholding property refuses to (8) Right to Receive Just Compensation in case
surrender possession of property after of Expropriation
expiration of lease/right to hold
property (physical possession, 1 year (9) Right to Space and Subsoil
from the last date of demand to vacate  The right of the owner extends to the space
the premises) and subsoil as far as necessary for his
c) accion publiciana – plenary action to practical interests or to the point where it is
recover possession when owner is possible to assert his dominion and there is
dispossessed by any other means than the possibility of obtaining some enjoyment
the grounds for instituting a Forcible or benefit. Beyond these limits, he would
Entry and Unlawful Detainer case. have no legal interests.
d) accion reinvindicatoria – recovery of
dominion of property as owner; main (10) Right to Hidden Treasure (if found on his
issue is ownership not merely property)
possession. a) hidden and unknown movables consist
of money or precious objects
e) Writ of Possession -- the original b) owner is unknown
registered owner in the Torrens c) If treasure is found by a stranger by
System, is entitled to a writ of chance –½ belongs to finder; the finder
possession not only against the parties must not be trespasser
who appear and answer in the land be entitled to a share.
registration proceedings, but also  Discovery by chance
against all those who, having been When there is no purpose or intent to look
served with process, do not appear or for the treasure.
answer.
(12) Right to accession
f) Writ of injunction
 Not a proper remedy for the recovery of Notes
possession UNLESS plaintiff is  Requisites in an action to recover
admittedly the owner of the property (a) Identity of the property
and is in possession of it. (b) Strength of plaintiff’s title/ Better Title
 May be used to prevent or restrain acts  Plaintiff must depend on the strength of
of trespass or illegal interference by his own title and not on the weakness
others of his possession of the property. of the title of the other.
 In actions of FE, the plaintiff within 10  One year after a decree of registration
days from the filing of the complaint, under the Torrens System, the title
may file a motion for a Writ of becomes perfect and indefeasible.
Preliminary Mandatory Injunction to  Ownership and title to land duly
restore him in possession (mandatory) recorded cannot be overcome by
and prevent further acts of gratuitous titles such as inheritance or
dispossession (injunction). donation or mere tax declarations.
 Tax declarations are strong evidence of
(6) Right to Exclude: Doctrine of Self-Help ownership where accompanied by
Doctrine of self-help authorizes the lawful possession for period sufficient for
possessor to use reasonable force to prevent a prescription.
  Titles from the Spanish government
have been held sufficient basis to prove (b) Liability of Proprietors under Article
ownership. 2191, NCC
(c) Fortified places or Fortresses- must
Composition titles—proof of exclusive comply with conditions under special
ownership laws and regulations
Possessory information title—only (d) Easement of Aqueduct- must observe
prima facie evidence and proper distances and prevent damage
rebuttable. to neighboring tenements
(e) Planting of Trees
Cases (f) Easement of light and view
Art. 433 of the NCC provides: “Actual (g) Easement of right of way
possession under claim of ownership raises a (h) Easement of Passage of Water from
disputable presumption of ownership. The true Upper to Lower Tenements
owner must resort to judicial process for (i) Easement of Drainage
recovery of the property.” Under Art. 538 NCC, (j) Easement of aqueduct
the present possessor is to be preferred in (k) Lateral and Sub-adjacent Support
cases where there are conflicting claims. Since
defendants are presently in possession of the
property, they enjoy the presumption of ACCESSION
ownership in their favor which has not been
successfully rebutted by evidence. (Perez v.  The right by virtue of which the owner of a
Mendoza) thing becomes the owner of everything that
it may produce or which may be
Ownership, which had been judicially confirmed inseparably united or incorporated thereto,
by the CFI in a proceeding in rem could not be either naturally or artificially.
defeated by the claim of the adverse party  Based on principles of justice, necessity and
based on a mere unnotarized affidavit. The utility
Original Certificate of Titles has become
indefeasible and incontrovertible. As to the General Principles of Accession
unnotarized affidavit, it failed to identify the (1) Accessory follows the principal (accesio
properties involved; it is not a sufficient basis or cedit principal)
support for the alleged partition. (Dizon v. CA) (2) No unjust enrichment (Art. 443)
(3) All works, sowing, and planting are
Limitation of Real Right of Ownership presumed made by the owner and at his
(1) For the benefit of the state and for public expense, unless the contrary is proved (Art.
interest (Police power, eminent domain, 446)
taxation) (4) Accessory incorporated to principal
(i) Expropriation for public use such that it cannot be separated
(ii) Military requisitions without injury to work constructed or
(iii) Zonification laws destruction to plantings or
(iv) Public or government monopolies construction of works.
(v) Law on water and mines (5) Bad faith involves liability for damages and
(vi) Public health and safety other dire consequences
(vii) Public easements (6) Bad faith of one party neutralizes bad faith
of the other (Art. 453).
(2) Legal servitudes and Voluntary Servitudes (7) Ownership of fruits belong to the principal
(3) Limitations imposed by party transmitting thing; Exceptions:
property (i) possession in good faith – possessor is
(i) Either by contract or last will or entitled to fruits
donations (ii) in usufruct – usufructuary is entitled to
(ii) Stipulation on inalienability fruits
(iii) in lease – lessee is entitled to fruits
(4) True Owner Must Resort to Judicial Process (iv) in antichresis – antichretic creditor is
(5) Sic Utere Tuo Ut Alienum Non Laedas—it is entitled to fruits
unlawful to exercise the right of ownership in
such a manner as to have no other effect than
to injure a third person without benefit to the
owner.
Kinds of Accession
(a) Act in State of Necessity
 The law permits the injury or (1) Accession discreta – the right pertaining
destruction of things belonging to to the owner of a thing over everything
others provided this is necessary to produced thereby:
avert a greater danger or dangers.
(a) Natural fruits, or spontaneous products
 Different from concept of self-help; the
of the soil, and the young and other
purpose is to protect the actor himself
products of animals (Art. 442)
or another person at the expense of the
(b) Industrial fruits, or those produced by
owner of the property who has no part
lands of any kinds through cultivation
in the state of necessity.
or labor (Art. 442)
 (c) Civil fruits, or rents of buildings, the (b) They were made at the owner’s
price of leases of and other property expense
and the amount of perpetual or life Exception: When contrary is proven
annuities or other similar income (Art.
442) Right of owner of materials (OM)
1. Right to be indemnified or paid of value
 A dividend, whether in the form of cash of property by owner of land
or stock, is income or fruit and 2. Right to remove materials if he can do
consequently should go to the so w/o injury to work constructed if
usufructuary, rather than the owner of owner has not paid
the shares of stock in usufruct. 3. Right to damages and demolition even
Dividend is declared only out of the if with injury to work if owner of land is
profits of a corporation and not out of in bad faith
its capital. (Bachrach vs. Seifert).

 A bonus paid by the mortgage-debtor 1st Case:

to another who had mortgaged his land Landowner (LO) is BPS using materials of
to secure the payment of the debtor’s another
obligation to a bank is not a civil fruit of
the mortgaged property. It is not  Good Faith
income delivered from the property but OM—lies in ignorance of BPS’ acts
a compensation granted for the risk
assumed by the owner of the property. BPS/LO—belief that the materials belong to
(Bachrach vs. Talisay-Silay) him and who is not aware that there
exists in his title or mode of acquisition
any flaw which invalidates it
(2) Accession Continua – the right pertaining
to the owner of a thing over everything that Note: his negligence may subject him
is incorporated or attached thereto, either to liability for damages
naturally or artificially.  Bad Faith
(a) With regard to immovable property OM—allowing the use of the materials
(a.1)Accession industrial (BPS) without protest

(i) Building, BPS/LO—knowledge of lack of title and the

(ii) Planting, or absence of permission of the owner of
(iii) Sowing (Arts. 445-455) the material to pay their value

(a.2) Accession natural (FACA) Landowner and Owner of Material

(i) Alluvium BPS
(ii) Avulsion
(iii) Change in the course of river
(iv) Formation of islands Good faith Good faith
1. Right to acquire 1. Limited right of
(b) With regard to movable property (ACS) the improvements removal if there would
(b.1) Adjunction or conjunction after paying the be no injury to work
value of materials constructed, or without
(i) inclusio or engraftment plantings or
(ii) soldadura or attachment constructions being
destroyed (Art. 447)
(a)ferruminatio – objects are of
the same metal 2. Right to receive
(b)plumbatura – objects are payment for value of
diff. metals materials
(iii) tejido or weaving
(iv) pintura or painting Good faith
(v) escritura or writing 1. Right to receive
(b.2) Commixtion or confusion Bad faith payment for value of
materials
(b.3) Specification 1. Acquire BPS after
paying its value and 2. Absolute right of
Notes: removal of the work
paying indemnity for
damages (Art. 447) constructed in any
Accession Industrial
but subject to OM’s event
 Art. 446 establishes 2 disputable right to remove Right to be
presumptions regarding BPS:
indemnified for
(a) The works etc. were made by the owner
damages
  A “forced lease” is created b/w the parties
if the LO does not choose to appropriate the
Bad faith improvement after the proper indemnity.
Good faith 1. Lose materials  As to when the land’s value is “considerably
without right to more” than that of the improvement will
1. Right to acquire indemnity have to be determined by the court taking
the improvements into consideration the circumstances of
without paying each particular case.
indemnity
2. Right to acquire (5) Cases not covered
indemnity for
damages if there are  Art. 448 does not apply which are governed
hidden defects by other provisions of law:
known to OM (a) co-ownership
(b) usufruct
Bad faith (c) agency
(Same as though acted (d) lease
Bad faith
in good faith under Art.  Where there is a contractual relation existing between the
(Same as though 453) LO and the BPS, their stipulations govern.
acted in good faith Landowner BPS and Owner of
under Art. 453) Material

Good faith Good faith

2ND Case:
BPS builds, plants, or sows on another’s LO has option to: BPS has right to retain
land using his own materials the land until the
a)Acquire the payment of indemnity
improvement after (right of retention)
paying indemnity
 Good faith which may be the:
OM/BPS—lies in belief that the land belongs - original cost of
to him, and his ignorance of any defect or improvement Note: During this
flaw in his title. or period BPS is not
- increase in required to pay rent
LO—ignorance of the BPS’ acts, or belief
that the BPS has the right to construct, value of the
plant or sow whole brought
about by the
improvement
b)Sell the land to the
 Bad faith BP pr collect rent
OM/BPS—lies in his knowledge of his lack of
from sower unless:
title and absence of permission of the LO
- value of land
LO—knowledge of BPS’ lack of right to is more than
construct, plant or sow the thing built,
planted or
sown
(1) Option is given to Landowner - BP shall pay
rent fixed by
(2) Right of LO to remove or demolish parties or by
improvement the court in
case of
 LO cannot refuse to exercise his right of disagreement
choice and compel the BPS to remove or Note: LO can be forced
demolish the improvement. He is entitled to to choose under pain
such removal only when after having of direct contempt or
chosen to sell his land, the other party fails court can choose for
to pay for the same. him

(3) Right of LO to require payment for value of

the land Good faith
 The purpose of the exception (if the value
of land is considerably more than that of
the building or trees) is to prevent injustice. 1. LO has right to
It is considered inequitable in such case to collect damages in any
compel the BP to pay for the price of the case and option to:
land. a) Acquire
improvements without
paying indemnity if the (1) Liability of LO
improvements are still
Bad faith  He shall be subsidiarily liable for the value
standing on the land
of the materials if the following requisites
b) Sell the land to BP are present:
or collect rent from the 1. Pay damages to LO (a) The OM has not acted in bad faith
sower unless the value (b) The BPS has no property with which to
of the improvements in 2. BPS lose materials pay; and
which case there will without right to (c) LO appropriates the accession to
be a forced lease indemnity himself
c) Order demolition of 3. No right to refuse
improvements or to buy the land (2) Right of BPS who pays OM
restoration of land to
 If BPS pays the OM, the former may seek
its former condition at
reimbursement from the LO for the value of
the BPS’ expense.
the materials and labor to prevent unjust
2. LO must pay for enrichment of the LO at the expense of the
necessary expenses for BPS. This is true if:
preservation. (a) The BPS acted in good faith; and
(b) The LO appropriates the improvement

Bad faith Landowner BPS OM

Good faith Good faith Good faith
1. LO must indemnify
1. Right to 1. Right of 1. Collect
BPS for the
acquire retention until value of
improvements and pay
improvement necessary materials
damages as if he
s and pay and useful primarily from
himself did the BPS
indemnity to expenses are BPS and
2. LO has no option to BPS; paid subsidiarily
sell the land and subsidiarily liable for LO if
liable to OM 2. Pay value BPS insolvent
caanot compel BPS to
of materials
buy the land unless
4. Recover necessary 2. Has option to OM 2. Limited
BPS agrees to
expenses for to: right of
preservation of land. removal
a) Sell land to
Bad faith BP except if
the value of
Good faith the land is
(Same as though acted considerably
in good faith under Art. more
453) BPS has right to:
b) Rent to
a) be indemnified for sower
damages
b) remove all
Good faith
improvements in any
event 1. Right to
acquire
improvement
s and pay
indemnity to Good faith
BPS Bad faith
1. Right of 1. Lose the
2. Has option retention until
to: materials
Bad faith necessary without right
a) Sell land to and useful to indemnity
BP except if expenses are
(Same as though the value of paid 2. Must pay for
acted in good faith the land is damages to
2. Keep BPS BPS
under Art. 453) considerably without
more indemnity to
b) Rent to OM and
3rd Case: collect
sower
damages
BPS builds. Plants, or sows on another’s
3. Without from him.
land with materials owned by third person
subsidiary
liability for
cost of to:
materials
a) Sell the Good faith
land to BP
except if the 1. Collect
Good faith value of the value of
land is materials
1. LO has primarily from
right to considerably Bad faith
more BPS and
collect 1. Right of subsidiarily
damages in b) Rent to retention until from LO
any case and sower necessary
option to: expenses are 2. Collect
paid damages from
a) Acquire BPS
improvement Good faith 2. Pay value
s w/o paying Bad faith of materials 3. If BPS
for indemnity; 1. Acquire acquires
1. Recover Bad faith improvement to OM and
or pay him improvements,
necessary after paying remove
b) Demolition expenses for 1. Recover indemnity; damages
value from materials in
or restoration; preservation subsidiarily any event
or of land from BPS (as if both liable to OM
LO unless LO are in good
c) Sell to BP, sells land faith) 2. LO has
or to rent to option to:
sower 2. If BPS
acquires a) Sell land to
2. Pay improvement, BP except if
necessary remove value of land Good faith
expense to materials if is 1. Collect
BPS feasible w/o considerably value of
injury more materials
3. No action b) Rent to primarily from
Bad faith against LO but sower BPS and
liable to LO for subsidiarily
(Same as from LO
when all damages Bad faith
acted in good Bad faith 1. Right of 2. Collect
faith under retention until damages from
Art. 453) 1. Acquire BPS
improvement necessary
s and pay expenses are 3. If BPS
indemnity paid acquires
Bad faith and damages improvements,
2. Pay value
1. Acquire Bad faith to BPS unless of materials absolute right
improvement Bad faith latter decides to OM of removal in
after paying (Same as to remove any event
indemnity (Same as when all acted materials 3. Pay
and damages when all in good faith damages to
to BPS unless acted in good under Art 453) OM Bad faith
latter decides faith under
to remove Art. 453) 1. No right to
improvement Good faith indemnity
s 2. Loses right
Good faith 1. Remove
2. Subsidiarily materials if to material
liable to OM 1. May possible w/o
for value of remove injury
materials improvement
s 2. Collect
value of
2. Be materials from Good faith
Bad faith indemnified BPS; 1. Receive
1. Acquire for damages subsidiarily indemnity for
improvement in any event from LO damages
s after
indemnity; 2. Absolute
subsidiraily right of
liable to OM removal of
for value of improvement
materials s in any event

2. Has option
Cases: faith, it learned about and aptly recognized the
right of the LO to a portion of the land occupied
When, in the face of a conflict between the by the building. The supervening awareness
rights of an owner and a builder, sower, planter does not prejudice its right to claim the status
in good faith, the owner opts to sell the land to of a builder in good faith. (Tecnogas Phil.
the BPS who is subsequently unable to pay, the Manufacturing Corp. vs CA)
BPS loses his right of retention. A forced co-
ownership occurs when the BPS has acted in
good faith . It is the owner of the land who is The BPS in good faith should not pay rentals to
allowed to exercise the option because his right the LO spouses. The spouses, having opted to
is older and because, by the principle of appropriate the improvement on the lot, have to
accession, he is entitled to the ownership of the reimburse the BPS of the cost of construction of
accessory thing. When the BPS failed to pay for the building (in accordance with Art 546). The
the land, he lost his right of retention. BPS has the right to retain the improvements
(Bernardo vs. Baticlan) until he is reimbursed. An implied tenancy or
possession in fact is created pending the
Since the option to remove or demolish payment of the corresponding indemnity.
improvement is given to the LO and it is limited (Pecson v CA)
to paying for the improvement or selling his
land to the BPS, he cannot refuse to exercise his
right of choice and compel the builder to Good faith consists in the belief of the builder
remove or demolish the improvement. He is that the land he is building on is his and he is
entitled to such removal only when after ignorant of any defect or flaw in his title. And
choosing to sell his land, the other party fails to as good faith is presumed, the LO has the
pay for the same. (Ignacio vs Hilario) burden of proving bad faith on the part of the
BPS. (Pleasantville Dev’t. Corp. v CA)
The owner of a building erected in good faith on
a land owned by another is entitled to retain Art 448 applies only in cases where a person
possession of the land until he is paid the value constructs a building on the land of another in
of the building. An order by a court compelling a good or bad faith, as the case may be. It does
builder in good faith to remove is building from not apply to a case where a person constructs a
land belonging to another who chooses neither building on his own land (like in this case), for
to pay for such building nor sell the land is null then there can be no question as to good or bad
and void for being offensive to Art. 448. faith of the builder. (Coleongco v Regalado)
(Sarmiento v. Agana)
In Depra vs Dumlao, the SC laid down the
guidelines for enforcement of rights under Art. The rule of Art. 453 of the Civil Code invoked by
448 and 546 the BPS can not be applied to the instant case
for the reason that the improvements in
1. TC must determine the fair price of the land, question were made on the premises only after
expenses for improvement and increase in the LO had tried to recover the land in question
value of land due to improvements. from him, and even during the pendency of this
2. TC must grant period where: action in the court below. After the BPS had
refused to restore the land to the LO, to the
a) landowner must exercise option extent that the latter even had to resort to the
present action to recover his property, the BPS
b) parties must pay in accord with the option could no longer be regarded as having impliedly
chosen assented or conformed to the improvements
c) builder can refuse to offer to sell if value of thereafter made by appellant on the premises.
land is greater than the value of improvements (Felices v. Iriola)

d) if the situation is that of (c), the parties can

agree upon the terms of the lease. If there are ACCESSION NATURAL
no agreements, the TC must fix the terms.

(2) Accession natural – may be in the form of

While a possessor in good faith may retain the either:
property until he is reimbursed for necessary
and useful expenses, all the fruits he receives
from the moment his good faith ceases must be (i) Alluvium – the accretion which lands
deferred or paid by him to the LO. He may, adjoining the banks or rivers, lakes, creeks
however, secure the reimbursement of his or torrents gradually receive from the
expenses by using the fruits to pay it off (deduct
the value of the fruits he receives from the time Requisites of alluvium:
his good faith ceases from the reimbursement
due him). (Ortiz vs Kayanan) (a) The accretion must be gradual
(b) The cause of the accretion must be the
current of the water
A BPS in good faith does not lose its rights
under Art. 448 merely because of the fact that
some years after acquiring the property in good
 (c) The land where the accretion takes
place must be adjacent to the banks of
the rivers Requisites for the application of Art. 461:

(d) Alluvium must be natural (a) There must be a change in the natural
course of the waters of the river.
(b) The change must be abrupt or sudden.
*riparian owner – owner of the land fronting
such riverbanks
The alluvium, by mandate of Art. 457, is Right of owner of land occupied by new
automatically owned by the riparian owner from river course
the moment the soil deposit can be seen but is
not automatically registered property, hence, 1. Right to old bed ipso facto in
subject to acquisition through prescription by 3rd proportion to area lost
persons. (Grande vs CA) 2. Owner of adjoining land to old bed shall
have right to acquire the same by
(ii) Avulsion – the accretion which takes paying its value – value not to exceed
place whenever the current of a river, the value of area occupied by new bed
lake, creek or torrent segregates from 3. Formation of island in non-navigable
an estate on its bank a known portion river
of land and transfers it to another a) owner of margin nearest to islands
estate (Art. 459) formed – if nearest to it
b) owner of both margins – if island is
in the middle (divided into halves
Distinguished from Alluvium longitudinally)

Alluvium Avulsion
(iv) Formation of islands either on the
1. Deposit of soil is 1. Deposit of soil is seas within the jurisdiction of the
gradual sudden or abrupt Philippines.
2. Deposit of the soil 2. The owner of the On lakes, and on navigable or floatable
belongs to the owner property from which a rivers (Art. 464) or non-navigable and non-
of the property where part was detached floatable rivers (Art. 465).
the same was retains the ownership
deposited thereof (2 yrs)
3. The detached (1) Ownership of islands formed through
portion can be alluvion
3. The soil cannot be identified
identified (a) If formed:
(a.1) on the seas within Phil. jurisdiction

Requisites of Avulsion (a.2) on lakes, and

(a) The segregation and transfer must be (a.3) on navigable or floatable waters, the
caused by the current of a river, creek island belongs to the State
or torrent.
(b) The segregation and transfer must be (b) If formed in non-navigable and non-
sudden or abrupt floatable rivers:
(c) The portion of land transported must (b.1) it belongs to the nearest riparian
be known and identifiable owner or owner of the margin or bank
nearest to it as he is considered in the
best position to cultivate and develop
Rights of the riparian owner the island
 Removal within 2 years (b.2) it is divided longitudinally in halves, if
 The former owner preserves his ownership it is in the middle of the river
of the segregated portion provided he
removes (not merely claims) the same
within the period of 2 yrs. (c) Concept of navigable river
 Art. 460 applies only to uprooted trees. If a
known portion of land with trees standing  A navigable river is one which forms in
thereon is carried away by the current to its ordinary condition by itself or by
another land, Art. 459 governs. uniting with other waters a continuous
highway over with other waters a
continuous highway over which
(iii)Change of river beds commerce is or may be carried on.
– that which takes place when a river bed is Test: A river is navigable if it is used or
abandoned through the natural change susceptible of being used, in its ordinary
in the course of the waters (Art. 461) condition, as a highway of commerce, that is,
for trade and travel in the usual and ordinary Rights:
modes. 1. If both are in good faith – owner of
principal acquired the accessory with
indemnification
Accession Continua-Movable property: 2. If both are in good faith – may separate
them if no injury will be caused;
if value of accessory is greater than
(1) Adjunction or Conjunction – that which principal, owner of accessory may
takes place whenever movable things demand separation even if damages
belonging to different owners are united in will be caused to the principal
such a way that they cannot be separated (expenses to be borne by one who
without injury, thereby forming a single caused the conjunction)
object (Art. 466)
3. If owner of accessory is in bad faith –
owner of accessory with damages to
principal
Kinds of adjunction: 4. If owner of principal is in bad faith –
(a) inclusio or engraftment owner of accessory shall have option of
principal paying value of accessory or
(b) soldadura or attachment removal of accessory despite
destruction of principal
ferruminatio – objects are of the same
5. Owner of accessory or principal has
metal
right to indemnity when thing adjuncts
plumbatura – objects are diff. metals w/o his consent – may demand that a
thing equal is kind, value and price
(c) tejido or weaving
(d) pintura or painting (2) Specification – that which takes place
(e) escritura or writing whenever a person imparts a new form to
materials belonging to another person (Art.
Ownership of new object formed by 474).
adjunction
(a) If the union took place without bad faith, Rights
the owner of the principal thing 1. If person who made the transformation
acquires the accessory, with the is in good faith - he shall appropriate
obligation to indemnify the former the thing transformed as his own with
owner of the accessory for its value in indemnity to owner of material for its
its uncontroverted state. value
2. If material is more precious than
(b) If the union took place in bad faith, Art.
transformed thing – owner of material
470 applies.
may appropriate the new thing to
himself after indemnity paid to labor or
demand indemnity for materials
TEST to determine principal in adjunction: 3. If person who made the transformation
 In order of application, the principal is that: is in bad faith, owner of material shall
(a) To which the other (accessory) has appropriate the work to himself w/o
seen united as an ornament or for its paying maker or demand indemnity for
use or perfection (Art. 467)- INTENT value of materials & damages
4. If transformed thing is more valuable
(b) Of greater value, if they are unequal than material, owner of material cannot
values-VALUE appropriate
(c) Of greater volume, if they are of an
equal value (Art. 468)-VOLUME (3) Commixtion or confusion – that which takes
place whenever there is a mixture of things
(d) That of greater merits taking into
solid or liquid belonging to different owners, the
consideration all the pertinent legal
mixture of solids being called commixtion, while
provision applicable as well as the
that of liquids, confusion (Art. 472).
comparative, merits, utility and volume
of their respective things.
Rights
1. If both owners are in good faith – Each
Where adjunction involves 3 or more owner shall acquire a right proportional
things to the part belonging to him (vis-a-vis
the value of the things mixed or
 Art. 466 should be applied in an equitable confused)
manner. The principal should be 2. If one owner is in bad faith – he shall
determined and distinguished from the lose the thing belonging to him plus
others which would be considered the indemnity for damages caused to
accessories. owner of other thing mixed with his
thing
 3. If both in bad faith no cause of action the action for reconveyance is based on
against each other an implied or constructive trust. The
point of reference is the date of
registration of the deed or the date of
QUIETING OF TITLE the issuance of the certificate of title
over the property.
 An action to quiet title to property or to b) Is IMPRESCRIPTIBLE if the person
remove a cloud thereon is a remedy or form claiming to be an owner is in actual
of proceeding originating in equity possession of the property. Here, the
jurisprudence, which has for its purpose an right to seek reconveyance in effect
adjudication that a claim of title or an seeks to quiet title. (Olviga v. CA)
interest in property, adverse to that of
complainant, is invalid, so that the
complainant and those claiming under him It is not necessary that the vendee has an
may be forever free from any danger of the absolute title. An equitable title is sufficient to
hostile claim. clothe him with personality to bring an action to
quiet title. (Pingol v. CA)
Requisites
(1) There is a cloud on title to real property or What plaintiff imagined as clouds cast on his
any interest to real property (Art. 476) title were PR’s alleged acts of physical intrusion
(2) Plaintiff has legal or equitable title to or and not. an instrument, record, claim,
interest in the subject/real property. encumbrance or proceeding which constitutes
(3) Instrument, record, claim, or casts a cloud, doubt, question or shadow
encumbrance or proceeding must be valid and upon the owner’s title or interest in real
binding on its face but in truth and in fact property. Clearly, the acts alleged may be
invalid, ineffective, voidable or unenforceable; considered grounds for an action for forcible
contract upon which defendant relies has been entry but definitely not one for quieting of title.
extinguished or terminated, or has prescribed (Titong v. CA)
(4) Plaintiff must return benefits received
from the defendant.
RUINOUS BUILDINGS AND TREES IN
DANGER OF FALLING
Differences between action to quiet title,
action to remove a cloud, and action to
Liability for damages:
prevent a cloud
1. collapse – engineer, architect or
contractor
 An action to quiet title, strictly considered,
2. collapse resulting from total or partial
is substantially an action to put an end to
damage; no repair made – owner; state
vexatious litigation in respect to the
may compel him to demolish or make
property involved.
necessary work to prevent if from
 An action to remove a cloud is intended to
falling
procure the cancellation, delivery of,
3. if no action – done by government at
release of an instrument, encumbrance, or
expense of owner
claim constituting a claim on plaintiff’s title,
and which may be used to injure or vex him
in the enjoyment of his title.
 In an action to quiet title, the plaintiff CO-OWNERSHIP
asserts his own estate and declares
generally that the defendant claims some CO-OWNERSHIP—right to common dominion
estate in the land, without defining it, which two or more persons have in a spiritual
and avers that the claim is without part (or ideal portion) or a thing which is not
foundation. materially or physically divided.
 In a suit to remove a cloud, plaintiff not
only declares his own title, but also avers Characteristics of Co-ownership
the source and nature of defendant’s (1) plurality of owners, but only one real right
claim, points out its defect, and prays that of ownership
it be declared void. (2) unity of material of the object of ownership
 In an action to prevent a cloud, relief is (3) recognition of ideal shares or aliquot
granted if the threatened or anticipated (4) absolute control of each co-owner over his
cloud is one which if it existed, would be ideal share, not over specific portions of the
removed by suit to quiet title. property
(5) There is a mutual respect among co-owners
Prescription of action—Imprescriptible if in regard to the use, enjoyment, and
plaintiff is in possession; if not, prescribes preservation of the property owned in
within period for filing accion publiciana, common.
accion reivindicatoria.
Differences between co-ownership and
Notes: joint tenancy
An action for reconveyance:
a) Prescribes in 10 years if the plaintiff is Co-ownership Joint Ownership
NOT in possession of the property and if Tenancy in Common, Joint tenancy, Tenancy
Ownership in in common, Notion of Sources of co-ownership
Common, Co- “all-for one, one-for-
dominium all” (1) Law
Civil law origin Common Law/ Anglo- (a) Cohabitation
American origin (i) Between man and woman
Each co-owner owner Each joint owner, the capacitated to marry each other.
of his ideal share surviving joint owners (Art 147, FC)
are subrogated in his (ii) Between man and woman not
rights by accretion capacitated to marry each other
Each co-owner may Joint owner must (Art. 148, FC)
dispose of his obtain the consent of
undivided share all the rest to dispose (b) Absolute community property (Art. 90,
without the other’s of his share. FC)
consent. (c) two or more persons purchase property
In case there is a co- The defense of one and by common consent legal title is
owner who is a minor, joint owner can be taken in the name of one of them for
minority as a defense used as a defense by the benefit of all, an implied trust is
against prescription is all joint owners. created in favor of the others in
exclusive to him. proportion to each to interest of each.
(Art. 1452)
Differences between partnership and co-
ownership (d) Succession
(i) Intestate succession—w here there
Ordinary Co-ownership are two or more heirs, the whole
Partnership estate of the decedent is, before its
With legal/juridical No legal personality partition, owned in common by
personality distinct distinct from its such heirs, subject to the payment
from its members members of debt of the deceased (1078)
(ii) Testate—if property is given to two
Created only by created by “LAW
or more heirs by the testator
agreement or contract FOCUS” [Law,
An instance is when a person A
to that effect Fortuitous Event,
dies intestate and the properties are
Occupancy, Contract,
left undivided to several heirs, such
Succession]
heirs are co-owners of the inheritance.
Purpose is to obtain Purpose is collective
If one of the heirs dies, his heirs will in
profit enjoyment and to
turn be co-owners of the surviving heirs
maintain the unity and
of A.
preservation of the
Redemption done by one of the co-
things owned in
owners/heirs will benefit his other co-
common.
owner heirs despite the fact that they
No term set limit set As a rule, an
did not contribute to the redemption
by law agreement to keep the
money.
ownership for more
than 10 years is void.
(e) Donation
Creditors of individual Creditors of a co-  donation to several persons jointly, it is
partners cannot owner can attach his understood to be in equal shares
attach and sell on shares in the co-  no rights of accretion unless the donor
execution the shares owners and sold on otherwise provides
of partners in the execution  but if donation is made to husband and
partnership wife jointly, there shall be a right of
Can be extinguished Death or incapacity of accretion, unless contrary so provide.
by the death or a co-owner does not
incapacity of one affect existence of a (f) Chance – commixtion in good faith (Art.
party co-ownership 472, NCC)
There is mutual A special authority is (g) Hidden treasure – co-ownership
representation of the needed for such between finder and owner
parties representation. (h) Easement of a party wall
A partner cannot A co-owner can freely (i) Occupation – Harvesting and fishing
transfer his rights to a dispose of his share
3rd person without the without need to ask  The ambergris caught by the hunters
consent of the others the consent of the was undivided common property of the
other co-owners. plaintiffs and one of the defendants.
Distribution of profits Profits of a co-owner This common ownership was acquired
can be stipulated depend on his by occupancy. The action for recovery
upon (profit-sharing) proportionate share; pertaining to each co-owner, derived
profit-sharing is from the right of ownership inherent in
invariable (Art. 485) the co-ownership can be exercised not
not subject to only against strangers, but against the
stipulation co-owners themselves when the latter
performs with respect to the thing held
 in common acts for their exclusive one of the co-owners exercises together with his
benefit, or for exclusive ownership, or other co-participants, joint ownership over the
which are prejudicial to, and in violation pro- indiviso property, in addition to his use and
of the right of the community. enjoyment of the same. (Pardell v.
(Punsalan et al. v. Boon Liat et al.) Bartolome)

(j) Condominium law (2) To share in the benefits in proportion

Sec. 6(c) of RA 4726 – unless otherwise to his interest, provided the charges
provided, common areas are held in are borne by each in the same
common by the holders of the units in equal proportion (Art. 485)
shares, one for each unit.
A contrary stipulation is void. Portions are
(2) Contract presumed equal unless contrary is proved.
(a) Two or more persons agree to create a Accretion added to any portion of land co-
co-ownership—maximum of ten years owned becomes part of the property in co-
(494, 2nd par), extendable by a new ownership and should be divided according to
agreement. each co-owners proportionate share.
Example: When two parties agree to
purchase a piece of land, each one (3) Any one of the co-owner may bring an
paying a part of the purchase price, on action in ejectment (Art. 487)
the condition that they are to divide the  A co-owner ma bring such action without
land equally between them. Parties necessity of bringin all the other co-owners
may also become co-owners of a as co-plaintiffs because the suit is deemed
particular business when no partnership to be for the benefit of all.
having a distinct juridical existence is  Action will not prosper if the action is for the
formed between them. benefit of himself only and not for the co-
ownership.
(b) Universal Partnership  When the action is brought by one co-owner
(i) Of all present properties (Art. 1778- for the benefit of all, a favorable decision
1779, NCC) will benefit everyone but an adverse
(ii) Of profits (Art. 1780, NCC) decision will not affect them if they are not
parties in the case or they did not give their
(c) Associations and Societies, whose consent to the action.
articles are kept secret wherein anyone
of the members may contact in his own (4) To compel other co-owner to
name with third persons (no juridical contribute to expenses for
personality) preservation of the thing or right
owned in common and to taxes (Art.
Rights of each co-owner as to the thing 488)
owned in common.
USE the COP’s LP  Co-owners’ option not to contribute by
(1)Use thing; waiving his undivided interest equal to
(2) Share benefits amount of contribution (except if waiver is
(3)Ejectment suit prejudicial to co-ownership)
(4)Compel to contribute
(5)Object to alteration; Necessary expenses
(6)Protect against prejudice  taxes and expenses for the preservation of
(7)Exercise legal redemption; the thing which is not made would
(8)ask for partition] endanger the existence of the thing or
reduce its value or productivity
(1) To use the thing according to its  Does not include those that merely produce
purpose intended (may be altered by benefits for the owner, or merely for luxury,
agreement, express or implied; provided: embellishment or pleasure.
(a) without injury or prejudice to interest of
co-ownership; and Useful expenses
(b) without preventing the use of other co-  they increase the income of the thing
owners (Art. 486) owned in common for the benefit of all the
 Any act against the collective interest s an co-owners.
act against ownership and the remedies  not covered as one of them cannot incur
available to owners in general may by used such expenses without the consent of the
by the co-owners. others and then charge them to pay their
shares later.
Each co-owner of realty held pro-indiviso
exercises his rights over the whole property (a) Remedy against defaulting co-owner—
may use and enjoy the same with no other action to compel him to contribute such
limitation than that he shall not injure the share. He cannot be compelled to
interests of his co-owners, for the reason that, renounce his share as such option is at
until a division be made, the respective part of his own discretion.
each holder can not be determined and every
 Co-owner has option not to contribute by  Consent of all is needed in order to impose
waiving his undivided interest equal to a voluntary easement on the property they
amount of contribution (unless waiver is co-own.
prejudicial to co-ownership)  Acts of alteration that does not change the
 Requisites before repairs for preservation, essence or nature of the thing requires only
embellishment, or improvements may be the agreement of the majority because it is
made merely an act of administration.
a) if practicable, notice to co-owners - but if withholding of consent by any
b) majority decision, as provided under one of the co-owners is clearly
Article 492 prejudicial to the common interest,
 A co-owner alone can advance expenses for courts may afford adequate relief (Art.
preservation of the property even without 491, CC)
prior consent of others; he is entitled to be
reimbursed for the amount he spent for  Administration and better enjoyment – acts
necessary expenses. or decisions for the common benefit of all
 Will of one of the co-owners is sufficient and not for the benefit of only one or some
authority to undertake expenses for of them.
preservation. He can proceed with the  Characteristics:
repairs for preservation despite opposition (a) they refer to the enjoyment and
of the others. preservation of the thing
 Consent of majority required only in case (b) they have transitory effects
where the expenses are for the
improvement or embellishment of the thing Acts of Acts of
or for administration and better enjoyment Alteration/Acts of Administration
of the thing. Ownership
 Consent of all is needed only in acts of  Relates to the use,  Also for the better
ownership. substance or form enjoyment of the
 Effect of failure to notify co-owners: of the thing property
(a) Failure to give notice even if it was  Have a more  Effects are of
practicable to do so does not deprive permanent result transitory character
the co-owner his right to be reimbursed  Consent of all is  Consent of the
the proportionate share of the other in necessary financial majority
the expenses.  Contrary to the co- will be binding
(b) The effect of such omission is that he is ownership  Does not give rise
given the burden of proving the agreement to a real right over
necessity of such repairs and the the thing owned in
reasonableness of the expense. common.
(c) He will not be fully reimbursed if the
others can prove that had he notified Effects of acts of alteration and remedies
them, they could have hired the of non-consenting co-owner :
services of another contractor who (a) Co-owner who made alterations may
would charge less than the people lose whatever he has spent as he will
whom he contracted or that they know not be reimbursed
of a store that sells the needed material (b) He may be ordered to demolish or
at a cheaper price. The difference will remove the alteration at his expense
be borne by him. (c) He will be liable for damages and other
losses
(5) To oppose any act or alteration; (d) Co-ownership will benefit from the
remedy of other co-owner in case of alteration if other co-owners decide to
alteration. contribute to the expenses by
reimbursing him (ratification)
 Alteration (e) If a house is built in a common lot, the
The act by virtue of which a co-owner co-owners are entitled to the
- changes the thing from the state in proportionate share of the rent.
which the others believe it should
remain or Q: Can a mere majority of the co-owners lease
- Withdraws it form the use to which they real property for any length of time?
are desired to be intended in opposition A: Old Civil Code rule:
to the common agreement, if there is  Lease for not more than 6 years is just
any, or in absence of a common an act of administration.
agreement, to the tacit agreement of  Lease for more than 6 years is an act of
all the co-owners, and violating their ownership.
will New Civil Code rule:
 Lease becomes an act of ownership and
 Acts of alteration requires the consent of ceases to be an act of administration if:
ALL the co-owners if it changes the essence (1) It is recorded in the Registry o
or nature of the thing (present article refers Property; and
to this) because it is an act of ownership. (2) It is for more than 1 year
 Registration makes the lease binding on urgent repairs for preservation, or for the
third persons (Art. 1648, NCC) Special payment of taxes.
powers is the criterion for determining
whether the act is legally one of strict Remedies of the minority
ownership. If the acts of the majority prejudice the
minority, the latter may ask for injunction or at
(6) To protect against acts of majority worse, a partition.
which are prejudicial to minority (Art.
492, Par. 3)
 Who may manage property? (7) To exercise legal redemption (Art. 1620,
a) The co-owners themselves 1623)
Court cannot appoint an administrator to
manage a property co-owned when the co-  The right of redemption of co-owners
owners want to handle the management. In excludes that of adjoining owners.
this management, the majority of the of  The period of redemption starts to run from
interest control and their decisions are the WRITTEN notification. However, there is
binding upon the minority. Majority may an exceptional case- when there is actual
only proceed to act without notice to the knowledge (Alonzo v. IAC)
minority if the circumstances warrant
urgency. Q: Can redemption money be made equal or
less than what was paid by third persons?
b) An administrator who may or may not be a A: Yes, it can be lower if the price of sale is
co-owner delegated by the co-owners grossly excessive, such as when the co-
An administrator cannot, without the owner didn’t want other co-owners to
unanimous consent of all the co-owners, redeem. However, generally it is of the
compromise on, donate, cede, alienate, equal amount.
mortgage, or encumber in any manner the
common property. Cases:
Redemption of the property by a co-owner does
 The majority is not the majority in not vest in him sole ownership over said
number but rather pertains to the majority property but will inure to the benefit of all co-
in interest or the financial majority. The owners. Redemption is not a mode of
majority required should be construed to be termination of relationship. (Mariano v CA)
an absolute majority or more than one-half
of the value of the thing. By the very nature of the right of "legal
redemption", a co-owner's right to redeem is
 When are acts seriously prejudicial? invoked only after the shares of the other co-
 So serious and affects the interest owners are sold to a third party or stranger to
of the co-owners in the community the co-ownership. But in the case at bar, at the
 Such that will cause injuries enough time petitioners filed their complaint for
to justify the intervention of the injunction and damages against private
court respondents, no sale of the latter's pro-indiviso
Example: shares to a third party had yet been made.
(1) When the resolution calls for a
 substantial change or alteration of The law does not prohibit a co-owner from
the common property selling, alienating or mortgaging his ideal share
 or of the use to which it has been in the property held in common. The law merely
dedicated by agreement or by its provides that the alienation or mortgage shall
nature. be limited only to the portion of the property
(2) When the resolution which may be allotted to him upon termination
 goes beyond the limits of mere of the co-ownership and, as earlier discussed,
administration, or that the remaining co-owners have the right to
 invades the proprietary rights of the co- redeem, within a specified period, the shares
owners, in violation of Art. 491 which may have been sold to the third party.
(prohibiting against acts of alteration) [Articles 1620 and 1623] (Reyes vs. Judge
(3) When the majority leases, loans, or other Concepcion)
contracts without security, exposing the
thing to serious danger to the prejudice of Halili has no right to invoke legal redemption
the other co-owners. under Art 1621 since such article presupposes
(4) When the majority refuse to dismiss an that the land sought to be redeemed is rural.
administrator who is guilty of fraud or Under Art. 1621, both lands—that sought to be
negligence in his management, or does not redeemed and the adjacent lot belonging to the
have the respectability, aptitude, and person exercising the right of redemption—must
solvency required of persons holding such be rural. If one or both are urban, the right
position. cannot be invoked. (Halili v. CA)
(5) When resolution, if carried out, would cause
serious injury to the thing itself, such as an Art. 1623 requires that the written notification
agreement not to borrow money under should come from the vendor or prospective
reasonable terms when it is necessary for vendor, not from any other person. It is the
notification from the seller, which can remove
all doubts as to the fact of the sale, its as it is in accordance with the purpose for which
perfection, and its validity, for in a contract of it is intended and in a manner not injurious to
sale, the seller is in the best position to confirm the interest of the co-owners. (Aguilar v. CA)
whether consent to the essential obligation of
selling the property and transferring ownership
thereof to the vendee has been given. Implications of co-owners’ right over his
(Francisco v. Boiser) ideal share
The written notice of sale is mandatory for the
tolling of the 30-day redemption period.  No individual or co-owner can claim title
Notwithstanding actual knowledge of a co- to any definite part or portion of the
owner, the latter is still entitled to a written thing co-owned.
notice from the selling co-owner in order to  All the co-owner has is an ideal
remove all uncertainties about the sale, its abstract, quota or proportionate share
terms and conditions, as well as its efficacy and in the entire land or thing.
status. (Verdad v CA)  All that he can sell or freely dispose is
his undivided interest but he cannot sell
The validity of a title depends on the buyer’s or alienate a concrete, specific or
knowledge, actual or constructive, of a prior definite part of the thing owned in
sale. While there is no direct proof that the common because his right over the
second vendees actually knew of the sale to the thing is represented by a quota or ideal
first vendees, they are deemed to have portion without any physical
constructive knowledge thereof by virtue of adjudication.
their relationship to the vendors.
(1) Co-owner has the right
A third person, within the meaning of Art. 1620 (a) To share in the fruits and benefits
of the Civil Code (on the right of legal (b) To alienate, mortgage, or encumber
redemption of a co-owner) is anyone who is not and dispose off his ideal share subject
a co-owner. Art. 1623, requiring the vendor of to other co-owner right of legal
the property to give a written notice of sale to redemption.
the other co-owners, had been rendered inutile (c) To substitute another person in the
by the fact that the first vendees took enjoyment of the thing. (Art. 493)
possession of the property immediately after (d) To renounce part of his interest to
the execution of the deed of sale in their favor reimburse necessary expenses incurred
and continue to possess the same. Since the by another co-owner (Art. 488)
fact of possession by the first vendees had not
been questioned by any of the co-owners, the (2) Effect of transaction by each co-owner
latter may be deemed to have knowledge of the (a) Limited to his share in the partition
sale. (Pilapil v CA) (b) Transferee does not acquire any
specific portion of the whole property
(8) To ask for partition (Art. 494) until partition
 A co-owner can always ask for a partition. (c) Creditors of co-owners may intervene in
There is no prescriptive period. the partition to attack the same if
Exceptions: prejudicial (Art. 499), except that
(i) when there is a stipulation against it creditors cannot ask for rescission even
(not beyond 10 years) if not notified in the absence of fraud
(ii) when condition of indivision is imposed (Art. 497) ask for rescission even if
by transferor (donor or testator) not notified.
exceed 20 years (Art. 494)
(iii) when legal nature of community Cases:
prevents partition (e.g. party wall) Unless the partition is effected, each heir cannot
(iv) when partition is generally prohibited claim ownership over the definite portion and
by law cannot dispose. Upon death of a person, each
(v) when partition would render the thing of his heirs becomes the undivided owner of the
unserviceable, or the thing in common whole estate. He cannot alienate a specific part
is essentially indivisible of the thing in common to the exclusion of other
- no physical partition but thing co-owners because his right over the thing is
maybe sold and co-owners shall represented by an ideal portion. Co-owner
divide the proceeds (495, 498) cannot adjudicate to himself a definite portion
(vi) acquisitive prescription has set in facor owned in common until partition by agreement
of a stranger to co-ownership or in or by judicial decree. Before partition, co-heir
favor of co-owner. can only sell his successional rights. (Carvajal
v CA)
Either co-owner may demand the sale of the
house and lot at any time and the other cannot After his wife’s death, the husband became
object to such demand. Thereafter the proceeds entitled to ½ of the entire property, with only ½
of the sale shall be divided equally according to belonging to the heirs. They hold the property
their respective interests. S, being a co-owner, as co-owners. (Pamplona v Moreto)
has the right use the house and lot without
paying any compensation to petitioner, as he Art 493 of the NCC allows the alienation of the
may use the property owned in common as long co-owner of his part in the co-ownership. The
effect of such alienation or mortgage shall be
limited to the portion which may be allotted to Sec. 9 The owner of a project shall, prior to the
him in the division upon the termination of the conveyance of any condominium therein,
co-ownership In short, a co-owner can enter into register a declaration of restrictions relating to
a contract of lease insofar as to his interest. such project, which restrictions shall constitute
Therefore, he can also cancel such lease a lien upon each condominium in the project
without the consent from the other co-owner. and shall insure to and bind all condominium
(Castro v. Atienza) owners in the project. Such liens, unless
otherwise provided, may be enforced by any
Difference of Co-ownership vs. Conjugal condominium owner in the project or by the
Partnership management body of such project. The
Co-ownership Conjugal Register of Deeds shall enter and annotate the
Partnership declaration of restrictions upon the certificate of
 May be created by  Created only by title covering the land included within the
an ordinary reason of marriage project, if the land is patented or register under
contract  Parties thereto are the land included within the project, if the land
 Sex of co-owners on male and one is patented or registered under the Land
is immaterial female Registration or Cadastral Acts.
(kaya kahit  There are only 2
bading…) conjugal owners  Method of taxation
 There may be 2 or  Profits are divided
more co-owners equally, unless Sec. 25. Whenever real property has been
 Profits are there is a contrary divided into condominiums, each condominium
proportional to stipulation in a separately owned shall be separately assessed,
respective marriage for purposes of real property taxation and other
interests settlement tax purposes to the owners thereof and the tax
 Death of a co-  Death of a spouse on each such condominium shall constitute a
owner does not dissolves the CPG lien solely thereon.
dissolve the co-  Encourage by law
ownership for family
 Pzrtition of Common Areas
 Generally co- solidarity.
owners administer Sec.7. Except as provided in the following
 Co-ownership is section, the common areas shall remain
discouraged by undivided, and there shall be no judicial
law partition thereof.

(a) Who manages the condominium?

(i) condominium corporation
Special Rules on ownership of different (preferred by law) – co-terminous
stories of a house as differentiated with the existence of the
from the provisions in the condominium
Condominium Law (Act No. 4726) (ii) co-ownership
(iii) association of owners
Concept of condominium
 Exclusive interest in units plus undivided Rights and Obligations of Condominium
interest in common areas. owner
 Partly co-ownership, partly under individual What are the incidents of a condominium
separate ownership grant?
 Each unit belongs separately to one or more (a) The boundary of the unit grant
persons (i) the interior surfaces of the
 The land and the common areas are of perimeter walls, floors, ceilings,
common use by the different owners and windows, and doors
are under co-ownership either as (ii) those which are not part of the unit
contemplated by the Civil Code or through a bearing walls, columns, floors,
corporation. roofs, foundations, and other
 Not governed by co-ownership as provided common structural elements of the
for in the Civil Code. building; lobbies, stairways,
 External surfaces are common areas hallways, and other areas of
 Beams and posts are common areas common use, elevator equipment
 Easement, unless the master deed says and shafts, central heating, central
otherwise, is an exclusive easement. refrigeration, and central air-
 Interest in the common areas will depend conditioning equipment, reservoirs,
on interest in the condo tanks, pumps, and other central
 Important documents in buying a condo services and faicilities, pipes, ducts,
unit flues, chutes, conduits, wires and
(i) deed of sale other utility installations, wherever
(ii) enabling or located, except the outlets thereof
master deed when located within the unit.
(iii) declaration of
restrictions
 (b) Exclusive easement for the use of the
air space encompassed by the (1) Total destruction of the thing
boundaries of th unit (2) Merger of all the interest in one person
(i) as it exists at any particular time (3) Acquisitive prescription
(ii) as the unit may lawfully be altered (a) By a third person
or reconstructed from time to time (b) By one co-owner against the other co-
(iii) such easement shall be owners
automatically terminated in any air Requisites:
space upon destruction of the units (i) Unequivocal acts of repudiation of
to render it untenable the rights of the other co-owners
(c) Unless otherwise provided, the common (acts amounting to ouster of other
areas are held in common by the co-owners)
holders of units, in equal shares, one (ii) Open and adverse possession, not
for each unit mere silent possession for the
(d) a non-exclusive easement for ingress, required period of extraordinary
egress, and support through the acquisitive prescription.
common areas are subject to such (iii) Presumption is that possession of a
easements co-owner is not adverse.
(e) Each condominium unit owner shall
have the exclusive right to paint, (4) Partition or division
repaint, tile, wax, paper, or otherwise  A division between two or more persons of
refinish and decorate the inner surfaces real or personal property which they own as
of the walls, ceilings, floors, windows, co-partners, joins tenants or tenants in
and doors, bounding his own unit common, effected by the setting apart of
(f) Each condominium owner shall have such interests so that they may enjoy and
the exclusive right to mortgage, pledge, possess it in severallity.
encumber his condominium and to
have the same appraised (a) Right to ask for partition at any time
independently of the other except:
condominiums but any obligation (i) When there is a stipulation against it.
incurred by such condominium owner is (must not be over 10 years)
personal to him. (ii) When condition of indivision is imposed
(g) Each condominium owner has also the by transferor (donor or testator) must
absolute right to sell or dispose of his not exceed 20 years – Art. 494
condominium unless the master deed (iii) When the legal nature of community
contains a requirement that the prevents partition. (e.g., party wall)
property be first offered to the (iv) When partition is generally prohibited
condominium owners within a by law e.g. ACP
reasonable period of time before the (v) When partition would render the thing
same is offered to outside parties. unserviceable but the thing may be
sold and the co-owners divide the
Case proceeds (Art. 494)

Section 5 of the Condominium Act expressly  Action for partition will fail if acquisitive
provides that the shareholding in the prescription has set in.
Condominium Corporation will be conveyed only
in a proper case. Not every purchaser of a (b) Effect of partition
condominium unit is a shareholder of the  Partition shall not prejudice third
condominium corporation. The Condominium persons
Act leaves to the Master Deed the who do not intervene in the partition
determination of when the shareholding will be  After partition, there should be mutual
transferred to the purchaser of a unit, as clearly accounting of benefits,
provided in the deed in this case. Ownership of reimbursements, payment of damages
a unit, therefore, is a condition sine qua non to due to negligence or fraud, liability for
being a shareholder in the condominium defects of title and quality of portion
corporation By necessary implication, the assigned to each
"separate interest" in a condominium, which  Part allotted to a co-owner at partition
entitles the holder to become automatically a will be deemed to be possessed by
share holder in the condominium corporation, such co-owner from the time the co-
as provided in Section 2 of the Condominium ownership commenced.
Act, can be no other than ownership of a unit.  Heir is exclusive owner of property
The private respondents, consequently, who adjudicated to him.
have not fully paid the purchase price of their  Co-owners reciprocally bound to each
units and are not owners of their units nor other for warranty of title and quality of
members or shareholders of the petitioner part given to each (hidden defect) after
condominium corporation. (Sunset View partition.
Condominium v Judge Campos)  Under Art. 1093, obligation of warranty
is proportionate to respective
hereditary shares; insolvency of one
Extinguishment of Co-Ownership
 makes the others liable subject to  The sale may be made privately or
reimbursement (joint liability). publicly and third persons may
become purchasers.
(c) Right of Creditors of individual Co-owners
Art. 497
POSSESSION
 All creditors, whether secured or
privileged, and those of any category Definition and Concept
under title of alienation, exchange, (1) Possession is the holding of a thing of the
donation, assignment, or other enjoyment (exercise) of a right, whether by
obligation of a real or personal nature, material occupation (de facto possession) or
must be considered to intervene in the by the fact that the thing or the right is
partition of the common property. subjected to the action of our will.
 They must have become creditors (2) It is a real right independent of and apart
during the co-ownership from ownership.
 Co-owner debtors have the duty to
notify the creditors of the partition Essential requisites of possession
 Absence of notice makes partition not (1) Holding or control of a thing or right
binding on them. (corpus) consists of either:
 They can contest such partition if they (a) the material or physical possession
formulate a formal opposition thereto. (b) subject action of our will- exercise of a
Assignee – a transferee of a part of the right
interest of the co-owner because if a (c) constructive possession
sale or assignment is total, the
assignee or the buyer should have been  doctrine of constructive possession applies
subrogated in the place of the vendor when the possession is under title calling
or assignor, who should be excluded for the whole, i.e., possession of a part is
from the co-ownership, and the possession of the whole.
assignee or the buyer will intervene in  Constructive possession
his own right in partition. a) tradicion brevi manu (one who possess
a thing short of title of owner – lease );
(d) Procedure for Partition (Rule 69, Rules b) tradicion constitutum possesorium
of Court) (owner alienates thing but continues to
(1) Partition may be made: possess – depositary, pledgee, tenant)
(a) Orally
 Valid and enforceable among (2) Intention to possess (animus possidendi)
the parties.  it is a state of mind whereby the possessor
 Statute of frauds does not intends to exercise and does exercise a
operate for partition is not a right of possession, whether or not such
conveyance of property but right is legal
merely a segregation and  intention may be inferred from the fact that
designation of that part of the the thing in question is under the power
property which belongs to the and control of the possessor
co-owners.  may be rebutted by contrary evidence, e.g.,
stolen property is placed in a man’s house
(b) In writing without his knowledge.
 Court will just confirm such
written agreement. Cases:
The occupancy of a part of the land with an
(2) Rules of Court does not preclude instrument giving color of title is sufficient to
amicable settlement between give title to the entire tract of land. The
parties. general rule is that the possession and
cultivation of a portion of a tract of land under a
(3) Two principal issues in an action for claim of ownership of all is a constructive
partition: possession of all, IF the remainder is not in the
(a) plaintiff is indeed a co-owner of adverse possession of another. Possession in
the property the eyes of the law does not mean that a man
(b) how the property is to be has to have his feet on every square meter of
divided between plaintiff and ground before it can be said that he is in
defendants. possession. (Ramos v. Director of Lands)
 If property is found to be incapable
of being divided without great The rule on constructive possession does not
prejudice to the interest of each apply when the major portion of the disputed
party, the court may order such property has been in the adverse possession of
property be assigned to one co- homesteaders and their heirs. It is still part of
owner subject to the condition that the public domain until the patents are issued.
he will pay the other co-owners of (Director v. CA)
the value of their interests as
deemed by the commissioners.
Degrees of holding of possession
 (2) Possession in the concept of an owner and
(1) Mere holding or possession without title possession in the concept of a holder with
whatsoever and in violation of the right of the ownership belonging to another
the owner.
 applies to both movables and immovables In the Concept of a Holder
 both the possessor and the public know that  such possessor acknowledges in
the possession is wrongful another a superior right which he
 e.g., possession of a thief or a usurper of believes to be ownership, whether his
the land belief be right or wrong
 there can be no acquisitive prescription of  tenant possesses the thing leased as
movables under the NCC (Art. 1133) holder (but he possesses the lease right
as owner)
(2) Possession with juridical title but not that of  same with usufructuary and borrower of
ownership. the thing loaned in commodatum
 peaceably acquired
 this will never ripen interesting full In the Concept of Owner
ownership as long as there is no repudiation  such possessor may be the owner
of concept under which the property is held, himself or one who claims to be so
i.e., from holder to that of owner (if such  concept is opinion, not of the possessor
repudiation is made known to the owner, himself but of others
then extraordinary prescription of 30 yrs  not possessors in this concept: lessee
will apply) on the land, a mere casual cultivator
 e.g., possession by tenant, depositary, and administrator, and one who is
agent, bailee, trustee, lessee, antichretic aware of the adjudication of land to
creditor another
 even actual owner may be prevented by  only this class of possession can serve
law from taking possession as title for acquiring dominion
 a depositary bank is not a possessor in this
degree, since a deposit is actually a loan to  good faith or bad faith is immaterial
the bank except for purposes of prescription (GF:
10 yrs; BF: 30 yrs)
(3) Possession with just title or title sufficient to
transfer ownership, but not from the true Effects of possession in the concept of an
owner owner:
 title— deed of sale or contract of sale (1) possession may be lapsed of time
 possession of a vendee from vendor who ripen into full ownership, subject to
pretends to be the owner, i.e., innocent certain exceptions
buyer of stolen goods (2) presumption of just title and cannot
 good faith of buyer = just title be obliged to show or prove it
Exception: for purpose of
 if in good faith, extraordinary prescription of prescription in Art 1131.
30 years will apply (3) possessor can bring all actions an
 this degree of possession ripens interesting owner can bring to protect his
full ownership by lapse of time possession, except accion
reivindicatoria
(4) Possession with just title from the true (4) may employ self-help (Art 429)
owner (5) can ask for the inscription of his
 possession springs from ownership possession in the registry of
 the delivery of possession transfers property
wnership and strictly speaking, it is the jus (6) has right to the fruits and
possidendi that is transferred (right to reimbursement for expenses
possess which is an incident of ownership) (assuming he is a possessor in GF)
(7) upon recovering possession from
Cases of possession unlawful deprivers, can demand
fruits and damages
(1) Possession for oneself, or possession (8) generally, he can do on the things
exercised in one’s own name and possessed everything an owner is
possession in the name of another. authorized to do until he is ousted
 rights of possession may be exercised by one who has a better right (e.g.,
through agents he can exercise right of pre-
(a) necessary— exercised on behalf of the emption, he is entitled to indemnity
conceived child, of juridical persons, of in case of expropriation)
persons not sui juris, and of the (9) possession in GF and possession in
conjugal partnership BF
(b) voluntary— in cases of agents or
administrators appointed by the owner (3) Possession in good faith and possession in
or possessor bad faith
 possession in good faith ceases from the  kind of possession acquired is only the
moment defects in the title are made fact of possession, not the legal right of
known to the possessor possession
 when an action is filed to recover
possession, good faith ceases from the date (i) Doctrine of constructive possession
of the summons to appear at the trial  no actual possession but
 possessor in GF: unaware that there subject to control
exists a flaw which invalidates his  possession of a portion of a
acquisition of the thing parcel of land under the claim of
 GF consists in the possessor’s belief ownership or title is constructive
that the person from whom he receive a possession of the entire parcel of
thing was the owner of the same and could land, unless a portion thereof is
convey his title adversely possessed by another
 GF is always presumed, and he who (Ramos v Dir of Lands)
alleges BF on the part of the possessor has
the burden of proving his allegation (ii) Includes constructive delivery
 belief of the possessor that he is the (equal to material occupation in
legal owner must be based on some title or cases where occupation is essential
mode of acquisition, i.e., sale, donation, to the acquisition of prescription)
inheritance
 error in the application of the law, in the traditio brevi manu
legal solutions that arise form such  one who possesses a thing by
application, in the appreciation of the legal title other than ownership
consequences of certain acts, and in the continues to possess the same
interpretation of doubtful provisions or but under a new title, that of
doctrines, may properly serve as the basis ownership
of GF- mistake upon a doubtful or difficult traditio constitutum possessorium
question of law as a basis of good faith [Art  owner alienates the thing, but
526 (3)] continues to possess the same
but as that of depositary,
 possessor in Bad Faith: knows that his pledge, or tenant
title is defective
(b) subjection to the action of our will
Case  different from and independent of
A person is deemed a possessor in BF when he juridical acts and legal formalities
knows that there is a flaw in his title or in the as it refers more to the right of
manner of acquisition by which it is invalidated. possession that to possession as a
Gross and inexcusable ignorance of the law may fact
not be the basis of good faith, but possible, (i) traditio simbolica -- effected by
excusable ignorance may be such basis. delivering some object or symbol,
Kasilag is not conversant with the laws because placing under the thing under the
he is not a lawyer. It can be concluded control of the transferee, such as
therefore that Kasilag’s ignorance of Sec 116 is the keys to the warehouse
excusable and may be a basis of good faith. containing the goods delivered [Art
(Kasilag v Rodriguez) 1498 (2)]
(ii) traditio longa manu – effected by
Subjects of possession the transferor pointing out to the
 All rights and things susceptible of transferee the things which are
appropriation being transacted

 Things which cannot be possessed: (c) proper acts and legal formalities
(1) property of public dominion  refers to the acquisition of
(2) res communes possession by sufficient title,
(3) easements (discontinuous or non- whether inter vivos or mortis
apparent) causa, or lucrative or onerous
(4) things specifically prohibited by law  e.g., donations, succession,
contracts, judicial writs of
 res nullius (abandoned or ownerless possession, writs of execution of
property)– may be possessed but cannot judgments, and registration of
be acquired by prescription public instruments
Case:

Acquisition of Possession There was a perfect contract of pledge and the

depositary was placed in the possession of the
(1) Ways of acquiring possession goods after the symbolic transfer by means of
(a) Material occupation of the thing delivery to him of the keys to the warehouse
 occupation is used in the general sense, where the goods were kept. (Banco Espanol
i.e., a means of acquiring possession of Filipino v. Peterson)
things, not of rights
(2) By whom possession may be acquired  person
seeking to get possession should
(a) by same person never take the law into his own
Elements of personal acquisition hands, but must invoke the aid of
 must have the capacity to acquire competent courts
possession  when a
 must have the intent to possess person is in possession of land and
 possibility to acquire possession has maintained that possession for
must be present years, he cannot be forcibly
dispossessed thereof.
(b) by his legal representative
Requisites: Cases
 representative or agent has the If owner of a tract of land, to accommodate the
intention to acquire the thing or public, permits them to cross his property, it is
exercise the right for another, and not his intention to divest himself of ownership
not for himself or to establish an easement. Such possession is
 person for whom the thing has not affected by acts of possessory character
been acquired or right exercised, which are merely tolerated. (Cuaycong v
has the intention of possessing Benedicto)
such thing or exercising such right
As a squatter, she has no possessory rights over
(c) by his agent the disputed lot. The State’s solicitude from the
(d) by any person without any power destitutes and the have-nots does not mean
whatsoever but subject to ratification, that it should tolerate usurpations pf property,
without prejudice to proper case of public or private. (Astudillo v PHHC)
negotiorum gestio
Possession by tolerance is lawful, but this
 becomes illegal when, upon demand to vacate
in his interest, and shall reimburse by the owner, the possessor refuses to comply
the officious manager for necessary with such demand. A possessor by mere
and useful expenses and damages tolerance is necessarily bound by an implied
which the latter may have suffered promise to vacate upon demand. (Peran v CFI)

thing was acquired will retroact to
the time of apprehension by the (4) Rules to solve conflict of possession
gestor
General Rule: Possession cannot be
(e) Qualifiedly, minors and incapacitated recognized in two different personalities
persons Exception: in cases of co-possession by co-
 “incapacitated”— insane, lunatics, possessors without conflict claims or interest.
deaf-mutes who do not know how
to read and write, spendthrifts, and  In case of conflict of possession, the
those under civil interdiction following order of preference must be
 refers only to possession of things, followed:
not of rights, and to acquisition of (1) present possessor or actual possessor
possession by material occupation (2) if 2 or more possessors, the one longer
in possession
(3) What do not affect possession (3) if dates of possession are the same, the
(a) acts merely tolerated one who presents a title
 acts merely tolerated are those (4) if all the condition are equal, the thing
which by reason of neighborliness shall be placed in judicial deposit
or familiarity, the owner of the pending determination of possession or
property allows his neighbor or ownership through proper proceedings
another person to do on the  Preference in case of conflict of ownership
property (double sales)
 there is a thin dividing line
between tolerance and (1) for immovable property
abandonment of rights; it is for the (a) first who registered his right in GF in the
courts to determine Registry of Property
(b) if no registration, first who possessed in
(b) acts executed clandestinely AND GF
without knowledge of the possessor (c) if no possession, one who presents the
 acts must oldest title
not only be clandestine but must (2) for movable property: first who possessed
also be unknown to the owner in
GF
(c) acts by violence as long as the
possessor objects thereto (i.e., he Effects of Possession
files a case)
(1) In general, every possessor has a right to  Possessor in BF has no right to receive
be respected in his possession; if disturbed any fruits. Those already gathered and
therein, possessor has right to be protected existing will have to be returned; with
in or restored to said possession respect to those lost, consumed, or which
could have been received, he must pay the
(a) action to recover possession value. But the possessor in BF does not
have to pay interest on the value of fruits
(i) summary proceedings – forcible he has to pay, because such amount is
entry and unlawful detainer. unliquidated.
Plaintiff may ask for writ of
preliminary mandatory injunction (3) Reimbursement for expenses
may be asked. Within 10 days Possessor in GF Possessor in BF
from filing of complaint in forcible entitled to entitled to
entry reimbursement for reimbursement for
- the same writ is available in (1) necessary and necessary expenses,
unlawful detainer actions upon (2) useful expenses, but NOT for useful
appeal (Art 1674) with the right to retain expenses. Also has
the thing until he has NO right of retention
 The acquirer and possessor in good been reimbursed over the thing
faith of a chattel or movable property is Useful expenses—
entitled to be respected and protected reimbursement will be
in his possession as if he were the true based either on:
owner, until a competent court rules (1) the amount of
otherwise. Such possession in good expenses; or
faith is equivalent to title and every (2) on the increase in
possessor has a right to be respected in the value which the
his possession (Arts 539 and 559). (Yu thing may have
v Honrado) acquired by reason of
such improvement

Useful improvements
(ii) accion publiciana (based on —
superior right General Rule: can be
of possession, not of removed without
ownership) damage to the
 action for recovery of real property principal thing,
upn mere allegation and proof of a possessor in GF may
better right without the need of remove them
showing title Exception: if the
 issue: POSSESSION only owner wants to keep
 no need to wait for the expiration the improvements
of 1 yr. before bringing such
action; if no action for forcible entry Expense for pure has same rights with
and unlawful detainer within 1 yr, luxury— will not be possessor in GF
this action may still be brought refunded but may be
removed if :
(iii) accion reivindicatoria (recovery of (1) it can be removed
ownership) without injury to the
thing or
 action setting up not only the right (2) if the owner does
of possession, but also of title and not prefer to refund
ownership the
 action in case of refusal of a party amount
to deliver possession of property
due to an adverse claim of (4) Possession of movable acquired in GF (in
ownership concept of an owner) is equivalent to title
(iv) action for replevin – for recovery of  possessor has actual title which is
movable property defeasible only by true owner
 one who has lost a movable or has been
(b) Possessor can employ self-help unlawfully deprived thereof may recover it
without reimbursement, except if possessor
(2) Entitlement to fruits – possessor in GF/ BF acquired it at a public sale
 Possessor in GF is entitled to the fruits  3 requisites to make possession of movable
received before the possession is legally equivalent to a title:
interrupted. The law limits the right though (1) that the possession is in GF
only to the fruits of the thing and therefore (2) that the owner has voluntarily parted
he has no rights to the objects which do not with the possession of the thing
constitute fruits, e.g., tress in the orchard (3) that the possession is in the concept of
an owner
  applies to both possessors in BF and GF, but
Presumptions in favor of the possessor only insofar as it redounds to their benefit
 GF possessor is deemed in continuous
(1) Of good faith until the contrary is proved possession for purposes of prescription
 only a presumption juris tantum  BF possessor is not obliged to return fruits
 it is presumed that the right of the which might have been received during the
possessor is well-founded, since the time that he was not in possession because
possession is the outward sign of ownership to consider him in continuous possession
 declaration of nullity of a title does not would be prejudicial to him
imply that it was acquired in BF  recovery of possession must be according
 presumption of GF is not immediately to the law, i.e., through the use of proper
changed into BF in the basis of constructive actions or with the aid of the competent
notice of registration proceedings authority

(2) Of continutity of initial GF in which (6) Other presumptions with respect to specific
possession was commenced or possession property rights
in GF does not lose its character
Exception: in the case and from the (i) Of extension of possession of real
moment the possessor became aware or is property to all movables contained
not unaware of improper or wrongful therein so long as it is not shown that
possession. they should be excluded (Art. 426)
 there is GF until defects in the title are (ii) Non-interruption of possession of
made known to the possessor by hereditary property (Art. 533, Art.
extraneous evidence or by suit from 1078)
recovery by the true owner— (iii) Of just title in favor of possessor in
usually from the time of service of concept of owner, subject to Art. 1141
summons  possession is prima facie presumed
ownership, unless the contrary is
Good faith ceases when they were served with proved
summons to answer the complaint. As  just title—that which is legally sufficient
possessors in bad faith from the service of the to transfer the ownership or the real
summons, they shall reimburse the fruits right to which it relates
received. (Cordero v Cabral)  just title does not always consist in
documents. It may be proved by
testimonies of witnesses
(3) Of enjoyment of possession in the
same character in which was acquired until
the contrary is proved. Loss of Possession

(4) Of non-interruption of possession in (1) Abandonment—voluntary renunciation of

favor of present possessor who proves all rights which a person may have in the thing,
possession at a previous time until the with the intent to lose such thing
contrary is proved.  to be effective:
(1) necessary that it be made by a
2 Kinds of Interruption possessor in the concept of owner;
(1) Natural (Art 1122)—if interruption is for and
more than 1 year . BUT it is not natural (2) must clearly appear that the spes
interruption if a third person is recuprandi is gone and the animus
possessing the property for the owner. revertendi be finally given up
However, if he is possessing it for  by virtue of abandonment, the thing is
himself, then there is natural left without owner or possessor
interruption
(2) Civil (Art 1123)— will start from the (2) Assignment—complete transmission of
service of summons but the proper ownership rights to another person,
action must be the one filed gratuitously or onerously
 in case of natural interruption, the old
possession loses all its juridical effects and (3) Destruction—must be total, otherwise,
therefore cannot be tacked to the new partial loss will result in loss of possession
possession for purposes of prescription in the lost part only
 in case of civil interruption, if possession is
recovered, it can be connected to the time (4) Possession of another—the possession
that has elapsed as if it were continuous that is lost here refers only to possession as
and can be counted in favor of prescription a fact (de facto), not the legal right of
possession (de jure)
(5) Of continuous possession or non-  after 1 year, the actions forcible entry
interruption of possession of which he and unlawful detainer can no longer be
was wrongfully deprived for all purposes brought. But the accion publiciana may
favorable to him still be instituted to recover possession
de jure
  the possession that is lost, i.e., Entitled to
possession de facto, is also the expenses for
possession that the new possessor production,
acquires gathering, and
 real right of possession is lost only after preservation
10 years Pending Entitled to a
Fruits part of the
NOTE: all the other 3 cases of loss of expenses of
possession (abandonment, assignment, cultivation and
destruction) refer to loss of possession de a part of the
jure (real right of possession) and therefore network
cannot be recovered anymore by any harvest, both
action. proportion to
 third parties relying on the Registry of the time of
Property are privileged to consider the possession
registered possessors or owners as still (545)
such in spite of loss
Owner may
indemnify or
Rules for Loss of Movables allow
General Rule: possession of personal possessor in
property acquired in GF = title therefore the GF to finish
true owner cannot recover it cultivation and
Exception: if the true owner the fruits will
(1) lost the movable or be indemnified
(2) has been unlawfully deprived for his
In either of these, he may recover the cultivation
personal property not only from the finder (545)
but also from those who may have acquired
it in GF form such finder or thief, without If possessor
paying for any indemnity except if refuses
possessor acquired it in public sale (here, concession, no
the possessor in GF is entitled to indemnity
reimbursement). (545)
 Public sale—is one where there has Charges Must share Same as with
been a public notice of the sale, in with the GF
which anybody has a right to bid and legitimate
offer to buy possessor, in
 Requisites for Title: proportion to
(1) that the possession is in GF the time of
(2) that the owner has voluntarily parted possession
with the possession of the thing Necessary Right of Reimbursement
(3) that the possessor is in the concept of Expenses reimbursemen only
an owner t and retention
in the
meantime
 Wild animals are possessed only while (545)
they are under one's control; Useful Owner’s option No right to
domesticated or tamed animals are Expenses to reimburse reimbursement.
considered domestic or tame if they him either for He also cannot
retain the habit of returning to the expenses or remove
premises of the possessor. (Art. 560) for increase in improvements
value (546) even he can do
(5) Reivindication—the most natural mode of so without
losing possession, i.e., recovery or Retention prior injury to the
reivindication of the thing by the lawful to principal thing
owner reimbursemen
t (546)
Effects of Possession in Good Faith or Bad
Faith Limited right
of removal
Good Faith Bad Faith (but should not
Fruits Entitled to the Must reimburse damage
received fruits while fruits received principal and
possession is or fruits which owner does
in GF and legitimate not exercise
before legal possessor could option of
interruption have received payment of
(Art 544) (549); expenses or
increase in
 value) (547) (2) It is a right enjoyed over another property
Ornamental Limited right Limited right of (jus in re aliena). It cannot exist in one’s
Expenses of removal as removal (no own property (nulli res sua servit). Servient
above (548) injury to thing and dominant estates have to belong to
and lawful different persons.
possessor does (3) It is a right constituted over an immovable
not retain by by nature not over movables.
paying for (4) It limits the servient owner’s right of
them) (548) ownership or the benefit of the dominant
Deterioratio No liability Liable WoN due estate. But servient tenement remains
n or Loss unless due to to his fault, unimpaired. Being an abnormal limitation of
fraud or negligence, ownership, it cannot be presumed.
negligence fortuitous event (5) It creates a relation between tenements.
after becoming (6) It can exist only between neighboring
in BF tenements. It can’t be created on another
Costs of Bears cost Bears cost servitude.
Litigation (7) It cannot consist in requiring the owner of
the servient estate to do an act unless the
act is accessory to a praedial servitude
Effects of Recovery of Possession (obligation propter rem).
 Improvements caused by nature or (8) It may consist in requiring the owner of the
time dominant estate demanding that the owner
shall always insure to the benefit of the of the servient estate refrain from doing
person who has succeeded in something (servitus in non faciendo), or
recovering possession. (Art. 551). that the latter permit that something be
 improvements—include all the done over the servient property (servitus in
natural accessions referred to in Arts patendo) but not in the right to demand
457 to 465, and all those which do not that the owner of the servient estate do
depend upon the will of the possessor something (servitus in faciendo) except if
(e.g., increase in the value caused by such act is an accessory obligation to a
widening of streets, construction of praedial servitude.
road, etc) (9) It is inherent or inseparable from estate to
 One who recovers possession which they actively or passively belong.
shall not be obliged to pay for
improvements which have ceased to  Servitudes cannot exist without tenements.
exist at the time he takes possession of They are merely accessory or a quality of
the thing. (Art. 553) tenements. This doesn’t mean they don’t
 the improvements having have juridical existence of their own.
ceased to exist, the lawful possessor  Inherence refers only to that portion of the
cannot benefit from them. tenement affected by it. Portion not
 BUT remember: necessary affected can be alienated without the
expenses are not considered as servitude.
improvements therefore the lawful  Contract of transmission of easement by
possessor or owner has to pay for them owner of the dominant estate may
even if the object for which they were constitute a renunciation or
incurred no longer exist extinguishments of easement

(10) It is intransmissible, cannot be

alienated separately from the tenement. It
EASEMENTS
can’t be the object of mortgage and exists
even if not annotated as an encumbrance
Easement – is a real right which burdens a
on Torrens title.
thing with a prestation consisting of
determinate servitudes for the exclusive
(11) It is indivisible. Indivisibility relates only to
enjoyment of a person who is not its owner or
the portion of tenement affected by the
of a tenement belonging to another.
servitudes. If the dominant estate is divided
into parts, there arise as many new
- the real right immovable by nature by virtue of
dominant tenements as there are parts.
which the owner of the same has to abstain
(12) It has permanence. Once it attaches
from doing or to allow somebody else to do
whether used or not, it continues and may
something in his property for the benefit of
be used anytime.
another thing or person
Classification of Servitudes
Essential Features of Easements or Real
Servitudes
(1) As to recipient of benefits
(a) Real or praedial servitude – Servitude
(1) It is a real right. It gives rise to an action in
exists for the benefit of a particular
rem or real action against any possessor of
tenement
the servient estate.
(b) Personal servitude – Servitude exists for
the benefit of persons without a dominant
 tenement. It pertains to a person or a group (3) There cannot be a servitude over
of persons and not to any owner of a another servitude (servitus servitudes
tenement. It nequit)
(4) A servitude must be exercised civiliter,
(2) As to its exercise and as indication of in a way least burdensome to the
its existence owner of the land.
(Continuous/Discontinuous) (5) A servitude must have a perpetual
 Easements may be continuous or cause.
discontinuous, apparent or non-
apparent.. Modes of Acquiring Easements
 Continuous easements are those the
use if which is or may be incessant, (1) By title
without the intervention of any act of  A juridical act which gives rise to the
man. servitude such as the law (e.g.
 Discontinuous easements are those donation, contracts and wills)
which are used at intervals and depend  If easement has been acquired but no
upon the acts of man. proof of existence is available, and
 Apparent easements are those which easement is one that cannot be
are made known and which are acquired by prescription, then:
continually kept in view by external a) May be cured by deed of recognition by
signs that reveal the use and owner of servient estate
enjoyment of the same. b) By final judgment
 Non-apparent easements are those c) Existence of an apparent sign considered a
which show no external indication of title
their existence.  Discontinuous easement can only be
acquired by title and not by
(3) By the object of the obligation imposed prescription.
(Positive/Negative)  The existence of an apparent sign of
 A positive easement is one which easement between two estates,
imposes upon the owner of the servient established or maintained by the owner
estate the obligation of allowing of both, shall be considered, should
something to be done or doing it either of them be alienated, as a title in
himself order that the easement may continue
 A negative easement, that which actively and passively, unless, as the
prohibits the owner of the servient time the ownership of the two estates
estate from doing something which he is divided, the contrary should be
could lawfully do if the easement did provided in the title of conveyance of
not exist. either of them, or the sign aforesaid
 Easement of light and view is negative should be removed before the
when the openings are made in one’s execution of the deed. This provision
own wall. It imposes upon the owner of shall also apply in case of the division
the adjacent tenement the obligation of a thing owned in common by two or
not to construct on his own land in such more persons. (Art. 624.)
manner as to obstruct the light.
 When opening is made on another’s Cases
wall or on part wall, servitude is
positive because the owner or owners The road is clearly a servitude voluntarily
permit the encumbrance to burden his constituted in favor of the community under Art.
wall. 531. Having been devoted by NNSC to the use
 It is also positive if the opening is made of the public in general, the road is charged with
in one’s own wall and there are public interest. And while so devoted. NNSC
balconies extending over the tenement may not establish discriminatory exceptions
of another. against any private persons. (North Negros
 Essential duty of the servient owner is Sugar Co. vs Hidalgo)
negative. A duty to do in his part is at
most an accessory or subsidiary Since the construction of the church, there had
obligation. been a side door in the wall through which the
worshippers attending mass enter and leave,
(4) As to cause or origin passing and entering the land in question. As
 Legal-created by law this use of the land has been continuous, it is
 Voluntary-created by the will of the evident that the church has acquired a right to
parties such use by prescription, in view of the time
that has elapsed since the church was built and
General Rules Relating to Servitudes dedicated to religious worship, during which
period the Municipality has not prohibited the
(1) No one can have a servitude over his passage over the land by persons who attend
own property (nulli res sua servit) services held by the church. (Municipality of
(2) A servitude cannot consist in doing Dumangas vs Bishop of Jaro)
(servitus in faciendo consistere nequit)
Easement of light and view go together. dominant estate, and may accordingly
Acquisition of easements is by title or by be changed from time to time.”
prescription. The visible and permanent sign of (Encarnacion v CA)
an easement is the title that characterizes its
existence. Existence of the apparent sign had
the same effect as a title of acquisition of the (2) Obligations of dominant estate
easement of the light and view upon death of (a) To use easement for the benefit of
original owner. (Amor vs. Florentino) immovable and in the manner originally
established. (Art. 626)
(2) By prescription (b) To notify owner of the servient estate
 Continuous and apparent easements before making repairs in manner
may be acquired by prescription. inconvenient to servient estate. (Art.
 Under Article 621, the time for 627)
reckoning prescription: (c) Not to alter easement or render it
a) Positive easements- from the day on burdensome.
which the owner of the dominant (d) If there are several dominant estates
estate, or the person who may have unless he renounces his interest: to
made use of the easement, contribute the expenses of works
commenced to exercise it upon the necessary for use and preservation
servient estate servitude. (Art. 628)
b) Negative easements- from the day on
which the owner of the dominant estate  Owner of dominant estate has the right to
forbade, by an instrument use accessory servitudes or those
acknowledged before e notary public, necessary for the use of other servitudes
the owner of the servient estate, from regarded as principals ones.
executing an act which would be lawful  When easement has been established in a
without the easement. general way, without any specific purpose,
it can be used for all the needs of the
 Prescription does not require good dominant estate may be adopted to any
faith or just title. General rules for new modification in the tenement itself.
acquisitive prescription of  Works must be executed in the manner of
ownership and other real rights do least inconvenience to the servient who
not apply to it. There must however cannot recover indemnity for the inevitable
be adverse possession or exercise damages that may be suffered by the
of the easement. servient owner.
 If dominant owner violates restrictions, he
Cases can be compelled to restore the things their
An easement of a right of way cannot be original condition and to pay indemnity for
acquired through prescription. Possession of a the damages.
right consists in the enjoyment of that right (Art.  If dominant tenement is alienated,
423) and to enjoy a right is to exercise it. it transferee can be required to restore things
follows that the possession (enjoyment or their original condition but he cannot be
exercise) of a right of way is intermittent and required to pay indemnity because this is a
discontinuous. From this premise, it is inevitable personal liability of the former owner.
to conclude, with that such easement can not
be acquired by acquisitive prescription (adverse (3) Rights of the servient estate
possession) because the latter requires that the
(a) To retain ownership and use of his
possession be continuous or uninterrupted (Art.
property (Art 630)
1118). (Ronquillo v Roco)
(b) To change the place and manner of the
use of the easement
Rights and Obligations of Owners of
Dominant and Servient Estates
(4) Obligations of the servient estate
(a) Not to impair the use of the easement.
(1) Rights of the dominant estate
(Art. 629)
(a) To use the easement (Art.626) and
(b) To contribute proportionately to
exercise all rights necessary for the use
expenses to use the easement [Art
(Art. 627)
628(2)]
(b) To use at his expense all necessary
 Owner of servient tenement must abstain
works for the use and preservation of
from anything that will render the use of
the easement. (Art. 627)
the easement more inconvenient to the
(c) In a right of way, to ask for change in
owner of the dominant estate.
width of easement sufficient for needs
 If owner of the servient estate performs act
of dominant estate.
or constructs works impairing the use of the
Such right of way may be demanded when
servitude, the owner of the dominant
there is absolutely no access or even
tenement may ask for the destruction of
when there is one, it is difficult or
such works and restoration of things to their
grossly insufficient. Art. 651 also
condition before the impairment with
provides that “the width of the
indemnity for damages suffered. Injunction
easement of right of way shall be that
which is sufficient for the needs of the
 may also obtained in order to restrain the Fact that owners of the dominant estate
owner of servient tenement. refrained from claiming the servitude
without any positive act to imply a real
Modes of Extinguishment of Easements waiver or renunciation does not bring the
case within the provisions of this article.
(1) Merger – must be absolute, perfect and Occurs only in voluntary easements.
definite, not merely temporary.
(6) Redemption agreed upon between the
 If cause for cessation of merger is inherent owners.
like nullity or rescission, easement is
reestablished. If extrinsic, there is no  By the redemption agreed upon between
revival. the owners of the dominant and servient
 When owner of the servient estate buys estates.
dominant estate, easement is extinguished -Voluntary
but if he sells one of the estates later, -Stipulated conditions, which extinguish
easement is not reestablished. easements.

(2) Non- user for 10 years (7) Other causes not mentioned
(a) Computation of period (a) Annulment or rescission or cancellation of
(1) Discontinuous easements: counted the title constituting the easement.
from the day they ceased to be (b) Termination of the right of grantor to
used create the easement ( e.g. redemption
(2) Continuous easements: counted of the property sold a retro because of
from the day an act adverse to the the exercise of the right of conventional
exercise took place redemption ( Art. 1618)
(c) Abandonment of the servient estate
(b) Use by a co- owner of the dominant (d) Eminent domain – i.e. expropriation of the
estate bars prescription with respect to servient estate or dominant estate
others.( Art 633) (e) Special cause of extinction of legal right
(c) Servitudes not yet exercised cannot be of way, the opening of an adequate outlet
extinguished by non-user. to the highway extinguishes the
 Non – user must be due to abstention by easement, if servient owner makes a
dominant owner and not to fortuitous event. demand for such extinguishment.(Art.
If dominant estate is used in common, 655)
exercise of the easement of one of the co – (f) Registration of the servient estate as
owner inures to the benefit of all others and FREE, that is, although the servient estate
preserves the easement which is indivisible. was registered under the Torrens system,
 Servitudes not yet exercised cannot be the easement thereon was not there is a
extinguished by non – user. stipulation or actual knowledge of the
easement on the part the transferee.
(3) Impossibility of use (g) Permanent impossibility to make use of
the easement.
 When either or both of the estates fall into
such condition that the easement cannot be Legal Easements
used; but it shall revive if the subsequent
condition of the estates or either of them (1) Laws Governing Legal Easements
should again permit its use, unless when (a) Public Easements
the use becomes possible, sufficient time (1) Special laws and regulations
for prescription has elapsed, in accordance relating
with the provisions of the preceding (2) Chapter 2, Title VIII, Book II of the
number; New Civil Code
 This mode arises from the condition of the
tenements and only suspends the servitude (b) Private legal easements
unlit such time when it can be used again. (1) By agreement of the interested
 10 years cap for suspension, otherwise, parties whenever the law does not
extinguished by prescription as previously prohibit it and no injury is suffered
provided. by a third person.
Eg. Flooding of servient tenement over (2) Chapter 2, Title VII, Book II of the
which a right of way exists. New Civil Code

(4) Expiration of term or fulfillment of (2) Private Legal Easements provided for by the
resolutory condition New Civil Code

By the expiration of the term or the fulfillment (a) Those established for the use of water
of the condition, if the easement is or easements relating waters (Arts.
temporary or conditional; 637 – 648)
(1) Natural drainage of waters with
(5) Renunciation of owner of the dominant stones or earth carried with them
estate  This is a natural servitude and exists only
with respect to waters which form in upper
 tenements and flow to the lower tenements (3) To indemnify the owner of the servient
by force of nature and not by those caused estate in the manner determined by the laws
by acts of man. and regulations.
 Owner of tenements cannot construct works
to increase the burden of this servitude.  The easement of aqueduct for private
 Owner of the lower tenements cannot make interest cannot be imposed on buildings,
works which impede the servitude. But he courtyards, annexes, or outhouses, or on
can construct work necessary to prevent orchards or gardens already existing.
damage to himself provided it does not  The easement of aqueduct does not
impede the natural servitude and he does prevent the owner of the servient estate
not cause damage to other tenements by from closing or fencing it, or from building
accumulation of the waters. over the aqueduct in such manner as not to
 Rain water from roofs of buildings and cause the latter any damage, or render
water from houses can not be made to fall necessary repairs and cleanings impossible.
directly on lower tenements. They must be  For legal purposes, the easement of
received on one’s own land. aqueduct shall be considered as continuous
 It is the duty of the owner of the building to and apparent, even though the flow of the
direct the rainwater to a public place or to water may not be continuous, or its use
establish an easement of passage of water depends upon the needs of the dominant
through a neighboring tenement. estate, or upon a schedule of alternate days
or hours.
Case
The dikes are continuous easements since it (5) Drawing waters and watering
does depend upon the act of man, but is due to materials
gravity. Being such, it is subject to the
extinction to the non-user (20 years in the Old Compulsory easements for drawing water or for
Code and 10 years in the New Code). Since, it watering animals can be imposed only for
was admittedly built in 1937 or 1938, the action reasons of public use in favor of a town or
is barred by prescription. (Ongsiaco v. village, after payment of the proper indemnity.
Ongsiaco) (Art. 640)

(2) Easements on lands along Easements for drawing water and for watering
riverbanks animals carry with them the obligation of the
owners of the servient estates to allow passage
 For public use: Three meter zone along to persons and animals to the place where such
margins for navigation, floatage, fishing and easements are to be used, and the indemnity
salvage. shall include this service. (Art. 641)
 If navigable – Towpath easement for
navigation and floatage Easements of the right of way for the passage
 If private land – expropriate, since it is for of livestock known as animal path, animal trail
private use. or any other, and those for watering places,
resting places and animal folds, shall be
(3) Abutment of Land governed by the ordinances and regulations
relating thereto, and, in the absence thereof, by
 Non – owner builder of the dam pay owner the usages and customs of the place. (Art.
of land for the abutment of the land. 657)
 abutment – part of dam that extends to the
riverbank or dam  Without prejudice to rights legally acquired,
 if no easement previously established, and the animal path shall not exceed in any
the dam floods the land – injured owner or case the width of 75 meters, and the animal
his representative can remove it as private trail that of 37 meters and 50 centimeters.
nuisance.  Whenever it is necessary to establish a
compulsory easement of the right of way or
(4) Aqueduct for a watering place for animals, the
provisions of this Section and those of
Any person who may wish to use upon his own Articles 640 and 641 shall be observed. In
estate any water of which he can dispose shall this case the width shall not exceed 10
have the right to make it flow through the meters.
intervening estates, with the obligation to
indemnify their owners, as well as the owners of (6) Stop lock and sluice gate
the lower estates upon which the waters may
filter or descend. (Art. 642.) Art. 647. One who for the purpose of irrigating
or improving his estate, has to construct a stop
Obligation of the dominant estate: lock or sluice gate in the bed of the stream from
(1) To prove that he can dispose of the water which the water is to be taken, may demand
and that it is sufficient for the use for which it is that the owners of the banks permit its
intended; construction, after payment of damages,
(2) To show that the proposed right of way is including those caused by the new easement to
the most convenient and the least onerous to such owners and to the other irrigators.
third persons;
 (b) Easement of right of way tenements are the same, all adjoining
owners should be cited and experts utilized.
 Requisites before demanding a right of way  Before judicial decision, establishment of
(Articles 649-650) any road would constitute an invasion of
(a) owner, or anyone with a real right to the land with all consequences resulting
cultivate, or use immovable from such transgression.
(b) not due to acts of the proprietor of the  It is the needs of the dominant estate which
dominant estate determines the width of the passage.
(c) surrounded by immovables belonging Servitude may thus be modified after it has
to others, without adequate outlet to already been established.
public highway
i. absolutely no access Whenever a piece of land acquired by sale,
ii. difficult or dangerous to use exchange or partition, is surrounded by other
(d) right of way claimed is the least estates of the vendor, exchanger, or co-owner,
prejudicial to the servient estate he shall be obliged to grant a right of way
(e) payment of the proper indemnity without indemnity.
(i) permanent passage – value of the
land In case of a simple donation, the donor shall be
(ii) without permanent passage – indemnified by the donee for the establishment
payment of damages of the right of way. (Art. 652)

 To justify the imposition of this servitude,  Servitude without indemnity is considered

there must be a real necessity for it. Mere as a tacit condition of the sale, exchange or
convenience is not enough. Even when partition, but not implied in a simple
there is a necessity, if it can be satisfied donation because the grantor receives
without imposing the servitude, servitude nothing from the grantee.
should not be imposed.  When the right of way originally established
 Owner can not by his own act isolate his without indemnity should disappear or
property from the public highway and then become useless, a legal servitude may be
claim an easement of way through an demanded with the payment of the
adjacent estate. indemnity.
 Access to highway may be demanded:  On the other hand, if grantor/ exchanger/
(a) when there is absolutely no access vendor ‘s property becomes isolated, he
to a public highway must pay indemnity.
(b) when even if there is one, it is
difficult or dangerous to use or is Art. 654. If the right of way is permanent, the
grossly insufficient necessary repairs shall be made by the owner of
 When the want of an access to a public the dominant estate. A proportionate share of
highway is due to acts imputable to the the taxes shall be reimbursed by said owner to
owner as when he constructs buildings or the proprietor of the servient estate.
grants concessions to others obstructing
the old way, the law prevents him from  Obligations of praedium dominans;
obtaining a legal servitude of right of way. necessary repairs, proportionate share of
 The outlet has to be sufficient for the taxes.
purpose and needs of the dominant owner
although it need not be public. Art. 655. If the right of way granted to a
 Whether a right of way is reasonable and surrounded estate ceases to be necessary
necessary depends upon the circumstances because its owner has joined it to another
of each particular case. Servitude must abutting on a public road, the owner of the
meet the requirements of and be of servient estate may demand that the easement
beneficial use to the dominant estate. But be extinguished, returning what he may have
this is subject to the limitation that the received by way of indemnity. The interest on
usefulness of the servient estate is not the indemnity shall be deemed to be in
unreasonably impaired. payment of rent for the use of the easement.
 Payment of the value of the land for The same rule shall be applied in case a new
permanent use of easement does not mean road is opened giving access to the isolated
an alienation of the land occupied. estate.
 Criterion of the least prejudice to the In both cases, the public highway must
servient estate must prevail over the substantially meet the needs of the dominant
criterion of the shortest distance. (Quimen estate in order that the easement may be
v. Quimen) extinguished.
 Where there are several tenements
surrounding the dominant estate and the  Extinguishment Not Ipso Jure – (only)
easement may be established on any of owners of the servient estate has to ask for
them, the one where the way is the shortest it and return indemnity.
and will cause the least damage should be  Owner of the dominant estate may not ask
chosen. But if these two requirements do for the return of the indemnity unless
not concur, the way which will cause the servient owner asks for the extinguishment.
least damage should be chosen even if not  Offset interest of the indemnity with rentals
the shortest. If conditions of the various of the land.
 local ordinances and customs insofar as they do
Art. 656. If it be indispensable for the not conflict with the same, and by the rules of
construction, repair, improvement, alteration or co-ownership
beautification of a building, to carry materials
through the estate of another, or to raise  Party wall is a co-ownership in a special
therein scaffolding or other objects necessary class by itself:
for the work, the owner of such estate shall be (1) It is indivisible.
obliged to permit the act, after receiving (2) The part pertaining to each co-owner
payment of the proper indemnity for the can be materially designated.
damage caused him. (3) Rights of a co-owner of a party wall are
greater than those of an ordinary co-
 This may be demanded by owner and owner and with respect to increasing
usufructuary. the height of the wall.
 Word indispensable should not be  Wall may be owned in common by the
understood as indicating that it would be adjoining owners either form its
impossible to construct or repair the construction or by a subsequent act. Each
building. It is enough that it would be owner can insert the beams of his building
extremely difficult to do so without the in the wall to the extent of its entire
easement. thickness.
 A party wall is one which is built by
Animal Path common agreement by getting land from
 Without prejudice to rights legally acquired, the adjoining tenements in equal parts.
the animal path shall not exceed in any Each owner may use the wall but only to
case the width of 75 meters, and the animal the extent of one-half of its thickness.
trail that of 37 meters and 50 centimeters.
 Whenever it is necessary to establish a Art. 659. The existence of an easement of
compulsory easement of the right of way or party wall is presumed, unless there is a title, or
for a watering place for animals, the exterior sign, or proof to the contrary:
provisions of this Section and those of (1) In dividing walls of adjoining buildings up to
articles 640 and 641 shall be observed. In the point of common elevation;
this case the width shall not exceed 10 (2) In dividing walls of gardens or yards situated
meters.(570a) in cities, towns, or in rural communities;
(3) In fences, walls and live hedges dividing
Cases rural lands.

A voluntary easement of right of way could be  There is presumption juris tantum. Co-
extinguished only by mutual agreement or by ownership must be accepted unless the
renunciation of the owner of the dominant contrary appears from the title showing that
estate. The opening of an adequate outlet to a the entire wall belongs exclusively to one of
highway can extinguish only legal or the property owners or unless there is an
compulsory easements, not voluntary exterior sign to destroy such presumption.
easements. (La Vista v. CA)

An easement of right of way can be established Art. 660. It is understood that there is an
through continued use. This doctrine was exterior sign, contrary to the easement of party
enunciated in Ronquillo v Roco which held that wall:
an easement of right of way is discontinuous in (1) Whenever in the dividing wall of buildings
nature since the dominant estate cannot be there is a window or opening;
continually crossing the servient estate but can (2) Whenever the dividing wall is, on one side,
do so only at intervals. (Vda. de Baltazar v straight and plumb on all its facement, and on
CA) the other, it has similar conditions on the upper
part Art. 657. Easements of the right of way for
The use of the road lots by the Llenados during the passage of livestock known as animal path,
the month of March was by mere tolerance of animal trail or any other, and those for watering
Floro pending the negotiation of the terms & places, resting places and animal folds, shall be
conditions of the right of way. Although such governed by the ordinances and regulations
use was in anticipation of a voluntary easement, relating thereto, and, in the absence thereof, by
no such contract was validly entered into by the usages and customs of the place.
reason of the failure of the parties to agree on Without prejudice to rights legally acquired, the
its terms & conditions. The burden of proving animal path shall not exceed in any case the
the existence of the prerequisites to validly width of 75 meters, and the animal trail that of
claim a compulsory right of way lies on the 37 meters and 50 centimeters.
owner of the dominant estate. (Floro v Whenever it is necessary to establish a
Llenado) compulsory easement of the right of way or for
a watering place for animals, the provisions of
this Section and those of Articles 640 and 641
(c) Easement of party wall shall be observed. In this case the width shall
not exceed 10 meters. (570a), but the lower
Art. 658. The easement of party wall shall be part slants or projects outward;
governed by the provisions of this Title, by the
(3) Whenever the entire wall is built within the it thicker, he shall give the space required from
boundaries of one of the estates; his own land.
(4) Whenever the dividing wall bears the burden
of the binding beams, floors and roof frame of Art. 665. The other owners who have not
one of the buildings, but not those of the others; contributed in giving increased height, depth or
(5) Whenever the dividing wall between thickness to the wall may, nevertheless, acquire
courtyards, gardens and tenements is the right of part-ownership therein, by paying
constructed in such a way that the coping sheds proportionally the value of the work at the time
the water upon only one of the estates; of the acquisition and of the land used for its
(6) Whenever the dividing wall, being built of increased thickness.
masonry, has stepping stones, which at certain
intervals project from the surface on one side Art. 666. Every part-owner of a party wall may
only, but not on the other; use it in proportion to the right he may have in
(7) Whenever lands inclosed by fences or live the co-ownership, without interfering with the
hedges adjoin others which are not inclosed. common and respective uses by the other co-
In all these cases, the ownership of the walls, owners.
fences or hedges shall be deemed to belong
exclusively to the owner of the property or  Each part-owner can use the party wall only
tenement which has in its favor the in proportion to his interest
presumption on any one of these signs. (573)
(d) Easement of Light and View

Art. 661. Ditches or drains opened between Art. 667. No part-owner may, without the
two estates are also presumed as common to consent of the others, open through the party
both, if there is no title or sign showing the wall any window or aperture of any kind.
contrary.
There is a sign contrary to the part-ownership  Such act would imply the exercise of the
whenever the earth or dirt removed to open the right of ownership by the use of the entire
ditch or to clean it is only on one side thereof, in thickness of the wall. It would be an
which case the ownership of the ditch shall invasion of the right of the other part
belong exclusively to the owner of the land owners.
having this exterior sign in its favor.
Art. 668. The period of prescription for the
Art. 662. The cost of repairs and construction acquisition of an easement of light and view
of party walls and the maintenance of fences, shall be counted:
live hedges, ditches, and drains owned in (1) From the time of the opening of the window,
common, shall be borne by all the owners of the if it is through a party wall; or
lands or tenements having the party wall in (2) From the time of the formal prohibition upon
their favor, in proportion to the right of each. the proprietor of the adjoining land or
Nevertheless, any owner may exempt himself tenement, if the window is through a wall on the
from contributing to this charge by renouncing dominant estate.
his part-ownership, except when the party wall
supports a building belonging to him. Art. 669. When the distances in Article 670 are
not observed, the owner of a wall which is not
party wall, adjoining a tenement or piece of land
Art. 663. If the owner of a building, supported belonging to another, can make in it openings
by a party wall desires to demolish the building, to admit light at the height of the ceiling joints
he may also renounce his part-ownership of the or immediately under the ceiling, and of the size
wall, but the cost of all repairs and work of thirty centimeters square, and, in every case,
necessary to prevent any damage which the with an iron grating imbedded in the wall and
demolition may cause to the party wall, on this with a wire screen.
occasion only, shall be borne by him. Nevertheless, the owner of the tenement or
property adjoining the wall in which the
openings are made can close them should he
Art. 664. Every owner may increase the height acquire part-ownership thereof, if there be no
of the party wall, doing at his own expense and stipulation to the contrary.
paying for any damage which may be caused by He can also obstruct them by constructing a
the work, even though such damage be building on his land or by raising a wall thereon
temporary. contiguous to that having such openings, unless
The expenses of maintaining the wall in the part an easement of light has been acquired.
newly raised or deepened at its foundation shall
also be paid for by him; and, in addition, the  Openings allowed are for the purpose of
indemnity for the increased expenses which admitting light. They can be made only in
may be necessary for the preservation of the the walls of buildings and not in the walls
party wall by reason of the greater height or separating gardens or yards because they
depth which has been given it. have no need for such openings
If the party wall cannot bear the increased  The period to require the closing of the
height, the owner desiring to raise it shall be illegal opening begins to run from the
obliged to reconstruct it at his own expense moment such opening is made. But it is
and, if for this purpose it be necessary to make
 only the action to compel the closure which (e) Drainage of Buildings
prescribes
 Although action to compel the closing has Art. 674. The owner of a building shall be
prescribed, this does not mean servitude obliged to construct its roof or covering in such
has been acquired by person who opened manner that the rain water shall fall on his own
them. Servitude is negative and period for land or on a street or public place, and not on
acquisitive prescription will begin to run the land of his neighbor, even though the
only from the time that the owner asserting adjacent land may belong to two or more
the servitude has forbidden the owner of persons, one of whom is the owner of the roof.
adjoining tenement from doing something Even if it should fall on his own land, the owner
he latter could lawfully do without the shall be obliged to collect the water in such a
servitude. way as not to cause damage to the adjacent
land or tenement.
Art. 670. No windows, apertures, balconies, or
other similar projections which afford a direct  Falling water is res nullius and has no
view upon or towards an adjoining land or owner. Every owner of a house or building
tenement can be made, without leaving a would have aright to dispose of it in any
distance of two meters between the wall in manner even to the prejudice of neighbors
which they are made and such contiguous had it not been for the provisions in this
property. Code
Neither can side or oblique views upon or  Last sentence is an exception to Art 637
towards such conterminous property be had, which requires lower tenements to receive
unless there be a distance of sixty centimeters. water flowing naturally from higher
The nonobservance of these distances does not tenements.
give rise to prescription.
Art. 675. The owner of a tenement or a piece
 Direct View— that which is obtained from a of land, subject to the easement of receiving
wall parallel to the boundary line, such that water falling from roofs, may build in such
from the opening in such wall, it is possible manner as to receive the water upon his own
to see the adjoining tenement without the roof or give it another outlet in accordance with
necessity of putting out or turning one’s local ordinances or customs, and in such a way
head as not to cause any nuisance or damage
 Side or oblique view—that which is obtained whatever to the dominant estate.
from a wall a an angle with the boundary
line such that in order to see the adjoining  Receive water through
tenement, it is necessary to put out or turn (1) another roof
one’s head to the left or to the right (2) another outlet
 Mere opening of windows in violation of the  In accordance with local ordinances or
present article does not give rise to the customs
easement of light and view by prescription.  Not a nuisance to the dominant estate

Art. 672. The provisions of Article 670 are not Art. 676. Whenever the yard or court of a
applicable to buildings separated by a public house is surrounded by other houses, and it is
way or alley, which is not less than three meters not possible to give an outlet through the house
wide, subject to special regulations and local itself to the rain water collected thereon, the
ordinances. establishment of an easement of drainage can
be demanded, giving an outlet to the water at
Art. 673. Whenever by any title a right has the point of the contiguous lands or tenements
been acquired to have direct views, balconies or where its egress may be easiest, and
belvederes overlooking an adjoining property, establishing a conduit for the drainage in such
the owner of the servient estate cannot build manner as to cause the least damage to the
thereon at less than a distance of three meters servient estate, after payment of the property
to be measured in the manner provided in indemnity.
Article 671. Any stipulation permitting distances
less than those prescribed in Article 670 is void.
Art. 673. Whenever by any title a right has been (f) Intermediate Distances and Works
acquired to have direct views, balconies or for Certain Constructions and
belvederes overlooking an adjoining property, Plantings
the owner of the servient estate cannot build
thereon at less than a distance of three meters Art. 677. No constructions can be built or
to be measured in the manner provided in plantings made near fortified places or
Article 671. Any stipulation permitting distances fortresses without compliance with the
less than those prescribed in Article 670 is void. conditions required in special laws, ordinances,
and regulations relating thereto.
 This article refers to a true servitude.
Acquisition may be through contact, Art. 678. No person shall build any aqueduct,
testament, or prescription. Distance may well, sewer, furnace, forge, chimney, stable,
be increased by stipulation of the parties. It depository of corrosive substances, machinery,
may also be extended by prescription. or factory which by reason of its nature or
products is dangerous or noxious, without
observing the distances prescribed by the upon the circumstances. Their penetration
regulations and customs of the place, and into another tenement in a limited measure
without making the necessary protective works, is permissible. Even if these effects cause
subject, in regard to the manner thereof, to the material injury, they would constitute a
conditions prescribed by such regulations. nuisance if they result from the utilization of
These prohibitions cannot be altered or a tenement in a manner which is usual or
renounced by stipulation on the part of the current in the locality.
adjoining proprietors.
In the absence of regulations, such precautions
shall be taken as may be considered necessary, (h) Easement of Lateral and Subjacent
in order to avoid any damage to the Support
neighboring lands or tenements.
Art. 684. No proprietor shall make such
Art. 679. No trees shall be planted near a excavations upon his land as to deprive any
tenement or piece of land belonging to another adjacent land or building of sufficient lateral or
except at the distance authorized by the subjacent support.
ordinances or customs of the place, and, in the
absence thereof, at a distance of at least two  Owner has a right to excavate on his own
meters from the dividing line of the estates if land up to the boundary line of the building
tall trees are planted and at a distance of at land. This easement prevents him from
least fifty centimeters if shrubs or small trees excavating so close as to deprive the
are planted. adjoining estate of its natural support and
Every landowner shall have the right to demand cause it to crumble.
that trees hereafter planted at a shorter  Person excavating instead of observing a
distance from his land or tenement be uprooted. sufficient distance to permit necessary
The provisions of this article also apply to trees lateral support of adjoining land may
which have grown spontaneously. (591a) support the latter artificially of any material
provided it is sufficient support
 There are cases where surface belongs to
Art. 680. If the branches of any tree should one person and substrata may belong to or
extend over a neighboring estate, tenement, be lawfully used by others. This is where
garden or yard, the owner of the latter shall easement of subjacent support exists.
have the right to demand that they be cut off Owners of rights below the surface may
insofar as they may spread over his property, excavate but this imposes upon them the
and, if it be the roots of a neighboring tree duty to refrain from removing such
which should penetrate into the land of another, sufficient support which will protect the
the latter may cut them off himself within his surface from subsiding
property.
Remedies for violation:
 Owner of the neighboring tenement can cut (1) Action for damages
the roots without necessity of notice to the (2) Injunction
owner of the trees. But as to the branches,  Action may be maintained against anyone
it is necessary to as that they be cut. who causes the injury whether he is the
owner or not. Contractor is liable jointly
Art. 681. Fruits naturally falling upon adjacent with the owner of the land. It is the person
land belong to the owner of said land. who made the excavation which causes the
injury and not the person in possession
(g) Easement against Nuisance when the injury occurs, who is liable for
damages.
Art. 682. Every building or piece of land is
subject to the easement which prohibits the Art. 685. Any stipulation or testamentary
proprietor or possessor from committing provision allowing excavations that cause
nuisance through noise, jarring, offensive odor, danger to an adjacent land or building shall be
smoke, heat, dust, water, glare and other void.
causes.
Art. 686. The legal easement of lateral and
Art. 683. Subject to zoning, health, police and subjacent support is not only for buildings
other laws and regulations, factories and shops standing at the time the excavations are made
may be maintained provided the least possible but also for constructions that may be erected.
annoyance is caused to the neighborhood.
Art. 687. Any proprietor intending to make any
Nuisance—that class of wrongs which arise from excavation contemplated in the three preceding
unreasonable, unwarranted, or unlawful use by articles shall notify all owners of adjacent lands.
a person of his own property and which
produces material annoyance, inconvenience,  Notice enables the adjoining owner to take
discomfort, or harm that the law will presume a the necessary precautions to protect their
consequent damage. lands and buildings. It must be sufficient to
inform the nature and the extent of the
 Whether the effects of the use of one’s proposed excavation.
property constitutes a nuisance depends
 Although person making the excavation has  If there are various owners, ALL must
given notice, he is bound to exercise CONSENT, but consent once given is
reasonable care and skill so as not to cause irrevocable. (Art. 690 and 691)
damage.  Hence, their consent need not be
simultaneous.
VOLUNTARY EASEMENTS
In whose favor they are established:
Art. 688. Every owner of a tenement or piece (a) Praedial Servitudes
of land may establish thereon the easements  For the owner of the dominant estate
which he may deem suitable, and in the manner  For any other person having any
and form which he may deem best, provided he juridical relation with the dominant
does not contravene the laws, public policy or estate, if the owner ratifies it.
public order. (b) Personal Servitudes
 For anyone capacitated to accept
Art. 689. The owner of a tenement or piece of
land, the usufruct of which belongs to another, In case of property under usufruct
may impose thereon, without the consent of the  The usufructuary must not be prejudiced
usufructuary, any servitudes which will not (Art 689)
injure the right of usufruct.
Rights and Obligations
Art. 690. Whenever the naked ownership of a  These are
tenement or piece of land belongs to one determined by the—
person and the beneficial ownership to another, (1) Title, and
no perpetual voluntary easement may be (2) Possession (in case of prescription
established thereon without the consent of both enlarging or diminishing the initial
owners. voluntary easement) (Art. 692)
 Where the
Art. 691. In order to impose an easement on an owner bound himself to pay for the
undivided tenement, or piece of land, the maintenance or do some service he may
consent of all the co-owners shall be required. abandon his tenement and relieve himself
of his obligation (Art. 693)
The consent given by some only, must be held
in abeyance until the last one of all the co-  To produce the transmission of ownership
owners shall have expressed his conformity. over the tenement abandoned, the
abandonment must be made in the proper
But the consent given by one of the co-owners juridical form required for the transmission
separately from the others shall bind the of the ownership of immovable property.
grantor and his successors not to prevent the
exercise of the right granted. _________________________________________

Art. 692. The title and, in a proper case, the NUISANCE

possession of an easement acquired by
prescription shall determine the rights of the Art. 694. A nuisance is any act, omission,
dominant estate and the obligations of the establishment, business, condition of property,
servient estate. In default thereof, the or anything else which:
easement shall be governed by such provisions (1) Injures or endangers the health or safety of
of this Title as are applicable thereto. others; or
(2) Annoys or offends the senses; or
Art. 693. If the owner of the servient estate (3) Shocks, defies or disregards decency or
should have bound himself, upon the morality; or
establishment of the easement, to bear the cost (4) Obstructs or interferes with the free passage
of the work required for the use and of any public highway or street, or any body of
preservation thereof, he may free himself from water; or
this obligation by renouncing his property to the (5) Hinders or impairs the use of property.
owner of the dominant estate.
 To constitute
Who may establish them: a nuisance there must be an arbitrary or
 The OWNER possessing capacity to abusive use of property or disregard of
ENCUMBER property may constitute commonly accepted standards set by
voluntary servitudes. (Art. 688) society
 The usufructuary, and even the possessor
in good faith, does not have the right to do Classification of Nuisance
so because the creation of a servitude Nature
is a disposition of part of the right of 1. Nuisa
ownership, and no one but an owner may nce Per Se or at Law
do this. 2. Nuisa
 A general capacity to contract is not nce Per Accidens or in Fact
sufficient.
Scope Of Their Injurious Effects
1. Public
 2. Privat  All persons
e who join or participate in the creation or
3. Mixed maintenance of a nuisance are liable solidarily

Nuisance Per Se (Nuisance at Law) Art. 697. The abatement of a nuisance does
 It is an act, not preclude the right of any person injured to
occupation, or structure which is a nuisance recover damages for its past existence.
at all times and under any circumstances,
REGARDLESS OF LOCATION OR Art. 698. Lapse of time cannot legalize any
SURROUNDINGS. nuisance, whether public or private.

Nuisance Per Accidens (Nuisance in Fact) No Prescription

 One that  The creation
becomes a nuisance by reason of and maintenance of a public nuisance is
circumstances and surroundings punishable criminally hence, the element of
 e.g. slaughter criminality, which characterizes the acts of
house creating the nuisance, should prevent the
acquisition of a right to maintain it.
Public Nuisance
 It causes hurt, Art. 699. The remedies against a public
inconvenience, or injury to the public, nuisance are:
generally, or to such part of the public as (1) A prosecution under the Penal Code or any
necessarily comes in contact it local ordinance: or
 public (2) A civil action; or
nuisance=common nuisance (3) Abatement, without judicial proceedings.
 It is a direct
encroachment upon public rights or property Criminal Prosecution
which results injuriously to the public  Only for a
public nuisance, and not for a private
Private Nuisance nuisance
 One which  Criminal intent
violates only private rights and produces may be immaterial
damages to but one or a few persons

Distinction Between Public and Private Judgment With Abatement

Nuisances
Test- not the number of persons annoyed, but Extrajudicial Abatement
the possibility of annoyance to the public by the  In the exercise
invasion of its rights- the fact that it is in a of the POLICE POWER, the State may
public place and annoying to all who come authorize its officers summarily to abate
within its sphere public nuisances without resort to legal
proceedings and without notice or hearing

Liability of Creator of Nuisance Art. 700. The district health officer shall take
 General Rule: care that one or all of the remedies against a
he who creates a nuisance is liable for the public nuisance are availed of.
resulting damages and, ordinarily, his liability
continues as long as the nuisance continues. Art. 701. If a civil action is brought by reason of
 He whose duty the maintenance of a public nuisance, such
is to abate a nuisance should answer for the action shall be commenced by the city or
consequences resulting from its continuance municipal mayor.
 No one is to
be held liable for a nuisance which he cannot Art. 702. The district health officer shall
himself physically abate determine whether or not abatement, without
 All parties to judicial proceedings, is the best remedy against
the creation or maintenance of a nuisance per a public nuisance.
se are responsible for its effect without
limitation of conditions or of time. Art. 703. A private person may file an action on
account of a public nuisance, if it is specially
Liability of Transferees injurious to himself.
 To render him
liable, he must knowingly continue the Special Injury to Individual
nuisance, and generally, he is not liable for  GENERAL
continuing it in its original form, unless he has RULE: a public nuisance gives no right of
been notified of its existence and requested action to any individual but must be abated
to remove it, or has actual knowledge that it by a proceeding instituted in the name of the
is a nuisance and injurious to the rights of State
others.  EXCEPTION:
an individual who suffered some special
Nature of Liability damage by reason of a public nuisance,
 different from that sustained by the general  The payment
public, may maintain a suit in equity for an of damages is generally a mere reparation for
injunction to abate it, or an action for past injuries, and not an authority to continue
damages the wrong.
 In other  If the nuisance
words, a public nuisance is not is temporary or recurrent in character, each
actionable by an individual unless and repetition of it gives rise to a new cause of
until it becomes as to him, a private action, and successive actions will lie
nuisance; i.e., until he suffers some
special and definite harm.
Defenses to Action
Art. 704. Any private person may abate a  The defendant
public nuisance which is specially injurious to in an action for damages by reason of a
him by removing, or if necessary, by destroying nuisance may set up the following defenses:
the thing which constitutes the same, without  Public
committing a breach of the peace, or doing Necessity- Private interest must yield to the
unnecessary injury. But it is necessary: public good
(1) That demand be first made upon the owner  Estoppel-One
or possessor of the property to abate the who voluntarily places himself in a situation
nuisance; whereby he suffers an injury will not be heard
(2) That such demand has been rejected; to say that his damage is due to a nuisance
(3) That the abatement be approved by the maintained by another.
district health officer and executed with the
assistance of the local police; and (4) That the Art. 706. Any person injured by a private
value of the destruction does not exceed three nuisance may abate it by removing, or if
thousand pesos. necessary, by destroying the thing which
constitutes the nuisance, without committing a
Right of Individual to Abate a Public breach of the peace or doing unnecessary
Nuisance injury. However, it is indispensable that the
Requisites procedure for extrajudicial abatement of a
1. Must public nuisance by a private person be followed.
be exercised only in cases of urgent or
extreme necessity Who may sue on Private Nuisances
2. Nuisa  Possession
nce must be actually existing at the time alone of real estate is sufficient to sustain an
when abatement is undertaken action to recover damages for the
3. The maintenance of a nuisance upon adjoining
summary abatement should be resorted property in such manner as to injure the
to within a reasonable time after enjoyment of the former
knowledge of the nuisance is acquired or  Ownership of
should have been acquired by the person the legal title is not necessary
entitled to abate
4. Must Art. 707. A private person or a public official
give a reasonable notice of his intention; extrajudicially abating a nuisance shall be liable
the code expressly mentions that a for damages:
demand must be made
5. The (1) If he causes unnecessary injury; or
means employed must be reasonable (2) If an alleged nuisance is later declared by
6. The the courts to be not a real nuisance.
abatement must be approved by the
district health officer Remedies of Property Owner
7. The  A person
property must not be destroyed unless it whose property is seized or destroyed as a
is absolutely necessary to do so; the civil nuisance may resort to the courts for the
code, however, provides a limitation, that purpose of determining whether or not it was
the value of destruction shall not exceed in fact a nuisance
three thousand pesos  He may bring
8. The an action for replevin, or enjoin its sale and
right must always be exercised with the damages if it is has been sold; or action to
assistance of the local police enjoin private parties from proceeding to
abate a supposed nuisance
Art. 705. The remedies against a private _________________________________________
nuisance are: REGISTRY OF PROPERTY
(1) A civil action; or
(2) Abatement, without judicial proceedings. Art. 708. The Registry of Property has for its
object the inscription or annotation of acts and
Right to Damages contracts relating to the ownership and other
 A person may rights over immovable property.
maintain an action at law for damages caused
by a nuisance Concept
 A register DIFFERENT MODES OF ACQUIRING
signifies the act of annotation, and includes OWNERSHIP
the book of memorandum where this notation
is made; by extension is also means the office TITLE - the remote cause of acquisition
where these annotations are made Every juridical right which gives a means to the
 The Registry acquisition or real rights but which in itself is
of Real Property may be defined as a public insufficient
center where the true condition of real estate
is made clear by registering all transferable MODE- the proximate cause of acquisition
title of ownership and of real rights which The specific cause which produces dominion
affect it and even where the capacity of free and other real rights as a result of the co-
disposition on the part of an individual is existence of special status of things, capacity,
modified and intention of persons and fulfillment of the
requisites of law
Purposes of the Principle of Publicity
 To give notice Modes of acquiring ownership
of the true status of the property 1) Occupation
 To record 2) Intellectual Creation
transmissions and modifications of real rights 3) Donation
 To prevent 4) Prescription
fraud 5) Succession
 To guarantee 6) Tradition
the effectivity of rights

Art. 709. The titles of ownership, or of other OCCUPATION

rights over immovable property, which are not
There should be a corporeal thing (tangible)
duly inscribed or annotated in the Registry of
which must have a “corpus” (body) & that thing
Property shall not prejudice third persons.
should have no owner
There must be actual occupancy; thing must be
Who are third persons
subjected to one’s control/disposition
 Where the law
There must e an intention to occupy
speaks of “prejudice to a third person,” it
Accomplished according to legal rules
refers to one who has not participated in the
act or contract that was registered
What are the things susceptible to
 Where the law
occupation?
states that a “third person cannot be
 things that are w/o owner – res nullius;
prejudiced,” it refers to one who bases his
abandoned
right on a registered title
 stolen property cannot be subject of
occupation
 A person who
 animals that are the object of hunting &
has actual knowledge may be bound without
fishing
registration
Kinds of animals:
 The owner is
a) wild – considered res nullius when not
not a “third person” within the meaning of
yet captured; when captured
this principle
& escaped – become res nullius again
b) domesticated animals – originally wild
Art. 710. The books in the Registry of Property
but have been captured & tamed; now
shall be public for those who have a known
belong to their capturer; has habit of
interest in ascertaining the status of the
returning to premises of owner;
immovables or real rights annotated or
becomes res nullius if they lose that
inscribed therein.
habit of returning & regain their original
state of freedom
 The word
c) domestic/tame animals – born &
“public” is a comprehensive, all-inclusive
ordinarily raised under the care of
term. Properly construed, it embraces every
people; become res nullius when
person. The interest need not be of a
abandoned by owner
pecuniary character.
 hidden treasure (only when found
on things not belonging to anyone)
Art. 711. For determining what titles are
 abandoned movables
subject to inscription or annotation, as well as
the form, effects, and cancellation of
 Animals:
inscriptions and annotations, the manner of
a) Swarm of bees
keeping the books in the Registry, and the value
- owner shall have right to pursue
of the entries contained in said books, the
them to another’s land (owner to
provisions of the Mortgage Law, the Land
identify latter for damages, if any)
Registration Act, and other special laws shall
- land owner shall occupy/retain the
govern.
bees if after 2 days, owner did not
pursue the bees
b) Domesticated animals
 - may be redeemed within 20 days  The painter, sculptor or other artist shall
from occupation of another person; have dominion over the product of his art
if no redemption made, they shall even before it is copyrighted.
pertain to the one who caught
them  The scientist or technologist has the
c) Pigeons & fish ownership of his discovery or invention
- when they go to another breeding even before it is patented.
place, they shall be owned by the  Authors of literary and artistic works cannot
new owner provided they are not prevent its broadcast as they have a moral
enticed and educational value but they can demand
that their names be mentioned; oppose any
 Movables: modification; receive an equitable
1) Treasure found on another’s property remuneration, and others
- consist of (1) money, precious  A production by an employee in relation to
objects & 2) hidden & owner is his work is his (e.g. professor’s literary
unknown work)
- finding must be by chance in  Photos taken by a photographer for his
order that stranger may be entitled benefit and not as requested by a subject is
to ½ of the treasure his.
2) Movable found w/c is not  Plans created by an architect for value for a
treasure client is owned by the client
- must be returned to owner
- if finder retains the thing found – Dual interest or property right in letters
may be charged with theft sent by one to another person
- if owner is unknown, give to mayor;
mayor shall announce finding of 1. Intellect
the movable for 2 weeks in way he ual Property
deems best  Thoughts and ideas and their form of
- of owner does not appear 6 months expression contained in the letter
after publication, thing found shall 2. Material
be awarded to finder or Physical Thing
- if owner appears, he is obliged to  The paper and the impression made
pay 1/10 of value of property to thereon by the mechanical means of
finder as price writing that has been employed
- if movable is perishable or cannot  Publication of a letter cannot be
be kept w/o deterioration or w/o made without the consent of the
expenses it shall be sold at public sender unless for the public good or
auction 8 days after the publication in the interest of justice

What cannot be acquired by occupation PRESCRIPTION

Ownership of a piece of land It is the mode by which one acquires ownership
 because when a land is without an and other real rights thru lapse of time; also a
owner, it pertains to the state means by which one loses ownership, rights &
 land that does not belong to anyone is actions; retroactive from the moment period
presumed to be public land began to run
 but when a property is private and it is
Kinds:
abandoned – can be object of
1. Acquisitive
occupation
2. Extinctive
Comparison between Acquisitive Prescription
INTELLECTUAL CREATION
and Extinctive Prescription
The creator of the property is exclusive owner
and has the right to keep it to himself UNTIL the Acquisitive Extinctive
work is made public Prescription Prescription
 When work is made public, he loses this Usurpacion Prescription
exclusive right unless the work is It is the possessor who One looks at the
copyrighted or patented does the act neglect of the owner/
 A creator cannot be compelled to make his his omission
work public Expressly vests the Statute of limitation
 RULE: “Every new and innocent product of property and raised a that merely bars the
mental labor, which has been embodied in new title in the right of action
writing, or some other material form, while occupant
it remains unpublished, is the exclusive Important feature is Important feature is
property of its author, entitled to the same the claimant in the owner out of
protection which the law throws around the possession possession
possession and enjoyment and other kinds
of property”
 When his rights are violated, he is entitled Who may acquire by prescription:
to the same remedies as the owner of any a. person who are capable of acquiring
personal property may have property by other legal modes
b. STATE
 c. minors – through guardians of  30 years for immovables
personally 3. in concept of an owner
4. public, peaceful, uninterrupted
Against whom prescription run:
1. minors & incapacitated person who  GOOD FAITH- Reasonable belief that person
have guardians who transferred thing is the owner & could
2. absentees who have administrators validly transmit ownership
3. persons living abroad who have -Must exist throughout the entire period
administrators required for prescription
4. juridical persons except the state
with regards to property not  JUST TITLE (TRUE & VALID) – must be
patrimonial in character proved & never presumed
5. between husbands & wife a) Titulo Colorado -
6. between parents & children (during b) Titulo putativo -
minority/insanity)  title must be one which would have
7. between guardian & ward (during been sufficient to transfer
guardianship) ownership if grantor had been the
8. between co-heirs/co-owners owner
9. between owner of property &  through one of the modes of
person in possession of property in transferring ownership but there is
concept of holder vice/defect in capacity of grantor to
transmit ownership
Things subject to prescription: all things within
the commerce of men  IN CONCEPT OF OWNER
a. private property  possession not by mere tolerance
b. patrimonial property of the state of owner but adverse to that of the
owner
Things not subject to prescription:  claim that he owns the property
1. public domain
2. in transmissible rights  PUBLIC, PEACEFUL & UNINTERRUPTED
3. movables possessed through a crime  Must be known to the owner of the
4. registered land thing
 Acquired & maintained w/o
Renunciation of prescription: violence
 persons with capacity to alienate may  Uninterrupted (no act of
renounce prescription already obtained deprivation by others) in the
but not the right to prescribe in the enjoyment of property
future
 may be express or tacit Interruption
 prescription is deemed to have been a) Natural
tacitly renounced; renunciation results -through any cause, possession ceases for more
from the acts w/c imply abandonment than 1 year
of right acquired -if 1 year of less – as if no interruption
 creditors & persons interested in
making prescription effective may avail b) Civil
themselves notwithstanding express or -produced by judicial summons; except
tacit renunciation  void for lack of legal solemnities
 plaintiff desist from complaint/allow
proceedings to lapse
Prescription Of Ownership & Other Real  possessor is absolved from complaint
Rights i. express or tacit renunciation
ii. possession in wartime
Kinds of Acquisitive prescription
 RULES IN COMPUTATION OF PERIOD:
1. ordinary
a. Present possessor may tack his
2. extra-ordinary
possession to that of his grantor or
predecessor in interest
Requisites for ordinary prescription:
b. Present possessor presumed to be in
1. possession in good faith
continuous possession I intervening
2. just title
time unless contrary is proved
3. within time fixed by law
c. First day excluded, last day included
 4 years for movables
 8 years for immovables
4. in concept of an owner
Tacking Period
5. public, peaceful, uninterrupted
 there must be privity between previous &
present possessor
Requisites for extra-ordinary prescription:
 possible when there is succession of rights
1. just title is proved
 if character of possession different:
2. within time fixed by law
predecessor in bad faith possessor in good
 10 years for movables
faith – use extraordinary prescription
 3. Intention- of both
grantor and grantee
4. Capacity- to transmit
Prescription of Actions and to acquire
5. An act giving it in
By lapse of time fixed by law
outward form, physically, symbolically, or
 30 years
legally
-action over immovables from time
possession is lost
Legal Maxim:
 10 years
“Non nudis pactis, sed tranditione, dominia
-mortgage action
rerum transferentur”
-upon written contract
(Not by mere agreement but by delivery, is
-upon obligation created by law
ownership transferred)
-upon a judgement
 8 years
Kinds of Tradition:
-action to recover movables from time
possession is lost
a. Real Tradition
 6 years
b. Constructive Tradition
-upon an oral contract
i. Symbolic Delivery
-upon a quasi-contract
ii. Delivery by Public Instrument
 5 years
iii. Traditio Longa Manu- “long hand”;
-actions where periods are not fixed by
placed in the sight of vendee so that he
law
can take possession of the property
 4 years
anytime
-upon injury to rights of plaintiff
iv. Traditio Brevi Manu- “short hand”;
-upon a quasi-delict
transferee already in possession of the
 1 year
property but not as owner
-for forcible entry & detainer
v. Traditio Constitum Possessorium-
-for defamation
owner remains in possession but not as
owner e.g. lease
Rights not extinguished by prescription:
vi. Quasi-Tradition- subject matter:
1. demand right of way
property right; e.g. right to collect
2. abate public /private nuisance
credit
3. declare contract void
vii. Tradition by operation of law
4. recover property subject to expressed
trust
SUCCESSION-testate and intestate
5. probate of a will
DONATION
6. quiet title

DONATION
TRADITION
Requisites: Characteristics:
a) Unilateral – obligation
Donation Inter Vivos Donation Mortis Causa imposed on the donor
Disposition and Disposition happens upon b) Consensual – perfected at
acceptance to take effect the death of donor time donor knows of acceptance
during lifetime of donor
and donee Requisites of Donation:
Already pertains to the Even if there is a term of 1. Reduction in patrimony of donor
donee unless there is a effectivity and effectivity 2. Increase in patrimony of donee
contrary intent is upon the death of the 3. Intent to do act of liberality
donor, still entitled to 4. Donor must be owner of property
fruits donated
Formalities required - Formalities required -
follow law on donations Requirements of a donation:
follow law on succession
and certain kinds of to be valid, and donation1. subject matter – anything of value;
donations & law on must be in the form of a present property & not future, must not
obligations and contracts will impair legitime
(suppletory) 2. causa – anything to support a
Irrevocable at the Revocable ad mutuum consideration: generosity, charity,
instance of the donor; (exclusive will of donor) goodwill, past service, debt
may be revoked only by 3. capacity to donate & dispose & accept
reasons provided by law donation
Revoked only for reasons 4. form – depends on value of donation
provided for by law
(except onerous Kinds of Donation according to
donations) Effectivity:
1. Pre-existence of right
in estate of grantor Acceptance
2. Just cause or title for a) acceptance must be made personally or
the transmission thru agent
 b) donation may be made orally or in 5. made to public officers, wife, descendant,
writing ascendant
 movable:
i. 5,000 & below – may be oral or written, Other persons disqualified to receive
if oral it must be with simultaneous donations:
delivery of thing/document & 1. priest who heard confession of donor during
acceptance need not be in writing his last illness
ii. above 5,000 - must be written and 2. relatives of priest within 4 th degree, church,
accepted also in writing order, community where priest belongs
3. physician, nurse, etc. who took care of
donor during his last illness
4. individuals, corporations, associations not
 immovable - must be in a public permitted
instrument & acceptance must also be
in a public instrument (in same What may be given:
instrument or in other instrument)  All or part of donor’s present property
provided he reserves sufficient means
 In case of doubt with regards to nature for the support of the ff:
of donation: inter vivos  himself
 relatives who by law are entitled to his
Badges of mortis causa: support
1. Title remains with donor (full or naked  legitimes shall not be impaired
ownership)& conveyed only upon death  when w/o reservation or if inofficious,
2. Donor can revoked ad mutuum may be reduced on petition of persons
3. Transfer is void if transferor survives affected
transfer  except: conditional donation & donation
mortis causa
Kinds of donation INTER VIVOS  except: future property
1) pure/simple
2) remuneratory Double Donations
3) conditional Rule: Priority in time, priority in right
4) onerous
1. If movable – one who first take possession in
Who may give donations good faith
-All persons who may 2. If immovable – one who recorded in registry
contract and dispose of property in good faith
of their - no inscription, one who first took
property possession in good faith
- in absence thereof, one who can present
Who may accept donations: oldest title
1. natural & juridical persons w/c are
not especially disqualified by law Revocation of Donations
- applies only to donation inter vivos
2. minors & other incapacitated - not applicable to onerous donations
a) by themselves  With regards to donations made by person
- if pure & simple without children or descendants at time
donation of donation:
- if it does not require 1. If donor should have legitimate,
written acceptance legitimated or illegitimate children
b) by guardian, legal 2. If child came out to be alive & not dead
representatives if needs contrary to belief of donor
written acceptance 3. If donor subsequently adopts a minor
i.. natural guardian – not more child
than 50,000
ii. court appointed - more than  Action for revocation based on failure to
50,000 comply with condition in case of conditional
iii. conceived & unborn child, donations
represented by person who would  Action for revocation by reason of
have been guardian if already born ingratitude
1. Donee commits offense against person,
Who are disqualified to donate: honor, property of donor, spouse,
1. guardians & trustees with respect to children under his parental authority
property entrusted to them 2. Donee imputes to donor any criminal
2. husband & wife offense or any cat involving moral
3. between paramours/persons guilty of turpitude even if he should prove it
adultery unless act/crime has been committed
4. between parties guilty of same criminal against donee himself, spouse or
offense children under his parental authority
 3. Donee unduly refuses to give support to
donor when legally or morally bound to
give support to donor

Exception to rule on intransmissibility of

action with regards to revocation due to
ingratitude:
1. personal to the donor; general rule is
heir cannot institute if donor did not
institute
2. heirs can only file in the ff cases:
a) donor has instituted
proceedings but dies before
bringing civil action for
revocation
b) donor already instituted civil
action but died, heirs can
substitute
c) donee killed donor or his
ingratitude caused the death of
the donor
d) donor died w/o having known
the ingratitude done
e) criminal action filed but abated
by death
3. can only make heirs of donee liable if
complaint was already filed when
donee died

Inofficious donations:
1. shall be reduced with regards to the
excess
2. action to reduce to be filed by heirs
who have right to legitimate at time of
donation
3. donees/creditors of deceased donor
cannot ask for reduction of donation
4. if there are 2 or more donation: recent
ones shall be suppressed
5. if 2 or more donation at same time –
treated equally & reduction is pro rata
but donor may impose preference
which must be expressly stated in
donation
Kinds of Donation
Pure/Simple Remuneratory Conditional Onerous
a) Consideration Liberality or merits of Valuable consideration Valuable
Merits of donee donee or burden/ charge is imposed but value is consideration given
of past services provided less than value of thing
they do not constitute donated
demandable debt

b) law to apply/ Law on donations Extent of burden Law on obligations

forms imposed>oblicon
Law on donations excess>donation
c) form of Required Required Required
acceptance
Required
d) reservation Applicable Applicable Not Applicable
w/regards to
personal support &
legitime
Applicable
e) warranty against
eviction & hidden
defects
In bad faith only In bad faith only In bad faith only Applies
f) revocation
Applicable Applicable Applicable Applicable

Modes of Extinguishment
BIRTH OF CHILD NON-FULFILLMENT OF INGRATITUDE
CONDITION
Ipso jure revocation, no need needs court action needs court action
for action., court
decision is merely
declaratory
Extent: portion which may Extent: whole portion but court Extent: Whole portion returned
impair legitime of heirs may rule partial revocation only
Property must be returned Property in excess Property to be returned
Alienation/mortgages done
prior to recording in Register of
Deeds:
If already sold or cannot be Alienations/mortgages imposed Prior ones are void; demand
returned – the value must be are void unless registered with value of property when
returned Register of Deeds alienated and can’t be
If mortgaged – donor may recovered or redeemed from
redeem the mortgage with 3rd persons
right to recover from donee
Fruits to be returned at filing of Fruits to be returned at filing of
action for revocation complainant
Prescription of action is 4 years Prescription is 4 years from Prescription is 1 year from
from birth, etc. non-fulfilment knowledge of fact and it was
possible for him to bring action
Action cannot be renounced Action cannot be renounced in
advance
Right of action transmitted to Right of action at instance of Heirs can’t file action
heirs donor but may be transmitted
to heirs
Action extends to donee’s heirs Action does not extend to
donee’s heirs
 LEASE (4) Lease distinguished from sale, usufrunct,
commodatum
General Characteristics of Every Lease
(1) Temporary duration In case of doubt-INTENTION of the parties should be
(2) Onerous the guide in determining the contract entered into.
(3) Price is fixed according to contract Lease Sale
duration Only the use or
enjoyment of the things
Kinds of Lease is transferred, and only
(1) Lease of things—movables and for a determinate period
immovables Plain redundancy to fix Price of the thing was
 One of the parties binds himself to give to or mention the price of fixed in the contract
another the enjoyment or use of a thing the thing which is the
for a price certain, and for a period which subject-matter thereof
may be definite or indefinite; however, no May be in money, or in Price must be in money
lease for more than 99 years shall be fruits, or in some other or its equivalent
valid useful thing or some
other prestation
(2) Lease of work or contract of labor
 One of the parties binds himself to Lease Usufruct
execute a piece of work or render to the Real right only by Always a real right
other some service for a price certain, but exception: when
the relation of principal and agent does registered and for more
not exist between them. than 1 year
 Contract of labor is a contract sui generis,
Constitutor/Lessor need To constitute usufruct,
partaking of the nature of a partnership in
not be an owner e.g. constitutor must be the
which capital and the laborer have their
sublessor, usufruct owner
respective shares.
Lessor places and Owner merely allows
maintains lessee in the usufructuary to use and
(3) Lease of Services
enjoyment of the thing enjoy the property
 There is no principle of representation
unlike in agency Use is limited to that Includes all possible
 Price exists and agency is presumed to written in the contract uses and manner of
be gratuitous enjoyment of property
 The will of both parties is necessary for EXCEPT in distinction of
the extinguishment of the obligation normal or abnormal
usufruct
(i) Must be definite, Maybe for an indefinite
Lease of Contract for a otherwise court may fix period of time
Service piece of work the same through the
Manner of The price is paid In proportion to proper action
paying the in relation to the the work
BOTH the lessee and the usufructuary USE and
price duration of the accomplished
ENJOY the thing.
labor or service
Existence If the lessor If the lessor
of a workstation works by Lease Commodatum
relation of under the himself, Consists in the Consists in the
dependenc direction of the independently of cessation of the use of cessation of a thing to
e between lessee, receiving the lessee, in a thing to another but another but this is
lessor and instructions from the manner he this is essentially essentially gratuitous
lessee him on the deems most onerous
manner of adequate for the BOTH consist in the cession of the use of a thing
rendering service execution of the to another
or labor work
(5) Price In Lease
 Price may be in money, or in fruits, or in
some other useful things.
Lease of things  May also be in some other prestation
(1) Concept  When it consists in fruits or products, it
may be a determinate or fixed quantity or
Art. 1643. In the lease of things, one of the an aliquot part or percentage of the
parties binds himself to give to another the produce of the tenement. It may be
enjoyment or use of a thing for a price certain, variable at different periods within the
and for a period which may be definite or duration of the lease.
indefinite. However, no lease for more than  When the price consists of a certain
ninety-nine years shall be valid. percentage of the fruits obtained from
the thing, the contract is to be regarded
(2) Consumable things cannot be the subject as a TENANCY CONTRACT, which is
matter of lease, Except generally regarded as an important
(a) consumables only for display or variation of the contract of lease. But is
advertising. (lease ad pompam et regarded as having the character more of
ostentationem) eg. Wedding cakes a partnership rather than a lease.
for display in Goldilocks, wine in a
showcase of a store Amount of Rent
(b) goods are accessory to an industrial  The price of the lease, or rent, must be
establishment e.g., coal in a factory serious or substantial so as not to be so
insignificant to indicate an intention of
(3) Special characteristics of lease of things; liberality on the part of the owner, and to
(a) essential purpose is to transmit the receive such liberality on the part of the
use and enjoyment of a thing party.
(b) consensual  If the parties are not able to fix the price,
(c) onerous or the basis for its determination, the
(d) price fixed in relation to period of use contract is ABSOLUTELY VOID. If the
or enjoyment lessee has entered upon the possession
(e) temporary and enjoyment of the thing, he will be
 liable for the damages for the occupation  Every lease of real estate may be recorded in
of the thing. the Registry of Property.
 Unless a lease is recorded, it shall not be
(6) Period of lease binding upon third persons.
 A lease of things during the lifetime of  If the lease is to be recorded in the Registry
one of the parties is considered valid. of Property, a proper authority to constitute
 When the lease is for such time as the the same is necessary for some persons. Eg.
lessor or lessee may please, it is Husband to wife’s paraphernal property;
considered as on for life, ending upon the guardian to ward’s property
death of the party who would have
terminated the contract. Purchase of Leased Land
 CANNOT be perpetual- there must always  Where a purchaser of land at the time of the
be a period, which may be definite or purchase has FULL KNOWLEDGE of the fact
indefinite that the land has been leased to a third
person and is informed of the terms of such a
(a) definite period-not more than 99 lease, he is BOUND to respect said lease,
years. The Civil Code allows leases of although it is not recorded upon the
property for not more than 99 years, certificate of title, and it is not error to hold
so that a lease made for more than the lease in effect became part of the
99 years, shall be considered as contract of sale.
terminated after the end of 99 years.
After that period, it will be a lease for (7) Assignment of lease
an indefinite period. Art. 1649. The lessee cannot assign the lease
without the consent of the lessor, unless there is a
(b) indefinite period stipulation to the contrary.
 If the period is indefinite, and the
thing leased is rural land, art.1682  The lessee cannot assign the lease
shall apply; if it is urban land art. without the consent of the lessor unless,
1687 governs. there is a stipulation to the contrary.
 If the thing is neither rural nor urbam  It involves the transfer of rights and
land, the provisions of the two obligations thus, the consent of the lessor
articles should be applied by analogy. is necessary.
 However, a mere transfer of rights of the
(i) rural land lessee, and not of the contract itself,
would not require the lessor’s consent,
Art. 1682. The lease of a piece of rural land, unless there is an express stipulation to
when its duration has not been fixed, is the contrary.
understood to have been for all the time  The consent of the lessor would be
necessary for the gathering of the fruits which the necessary for the validity of
whole estate leased may yield in one year, or mortgage of a lease.
which it may yield once, although two or more
years have to elapse for the purpose. (8) Sublease

(ii) urban land Art. 1650. When in the contract of lease of

things there is no express prohibition, the lessee
Art. 1687. If the period for the lease has not may sublet the thing leased, in whole or in part,
been fixed, it is understood to be from year to without prejudice to his responsibility for the
year, if the rent agreed upon is annual; from performance of the contract toward the lessor.
month to month, if it is monthly; from week to
week, if the rent is weekly; and from day to day, if Assignment of lease Sublease
the rent is to be paid daily. However, even though There is a transfer to a Merely another
a monthly rent is paid, and no period for the lease third person of the contract of lease,
has been set, the courts may fix a longer term for rights and obligations where the original
the lease after the lessee has occupied the arising from the lease lessee becomes in turn
premises for over one year. If the rent is weekly, contract a lessor
the courts may likewise determine a longer period A sale of the lessee’s Even when the lessor
after the lessee has been in possession for over rights, and when the consents to the sub-
six months. In case of daily rent, the courts may lessor gives his lease, the original lease
also fix a longer period after the lessee has stayed consent, the original contract subsists and is
in the place for over one month. lessee is released binding on the lessee
Succession by Juxtaposition of 2
particular title to one leases
Capacity of Lessee contract of lease
 As a rule, any person with the capacity to
enter into contracts can be a lessee.  Effects
 However, those who are disqualified to buy (1) When the lessee subleases the
certain things cannot lease such things. property in spite of a prohibition to
( ART. 1646, 1490,1491) do so, he violates the contract, and
the lessor can ask for recission and
damages, or damages only.
Contract May Be Implied  The violation takes place when the
 Where one has rendered services to another, lessee palces the thing at the
and these are accepted by the latter, in the disposal of the sublesee.
absence of proof that the service was  The lessee cannot justify the breach
rendered gratuitously, an obligation results to of contract by proof that the
pay the reasonable worth of the service sublessee is solvent and of good
rendered upon the implied contract of hiring. standing.
 Although no fixed amount may have been
determined as the consideration for the (2) When in the contract of lease, there
contract of hiring, the contract is nevertheless is no express prohibition, the lessee
valid if the amount of the implied may sublet the thing leased, in whole
compensation can be determined by CUSTOM or in part, without prejudice to his
or frequent use in the place where the service responsibility for the performance of
was rendered. the contract toward the lessor.

Lease of Real Estate

 (a) House Rental Law (RA 877)—there is a may have, even when UNKNOWN to said
presumption that there would be no lessor.
sublease unless the lessor allows it  But this liability for warranty of the thing
(b) obligation of sublessee to lessor leased does not amount to an obligation to
indemnify the tenant for damages, which is
only to be allowed, when there is proof that
Art. 1651. Without prejudice to his obligation the lessor acted with fraud and in bad faith
toward the sublessor, the sublessee is bound to by concealing the defect and not revealing
the lessor for all acts which refer to the use and it to the lessee.
preservation of the thing leased in the manner
stipulated between the lessor and the lessee. (ii) Making of Repairs
 It implies the putting of something back into
(i) for rents the condition in which it was originally and
NOT an improvement in the condition thereof
Art. 1652. The sublessee is subsidiarily liable to by adding something new thereto
the lessor for any rent due from the lessee.  Includes those that are necessary in order to
However, the sublessee shall not be responsible keep it in serviceable condition for the
beyond the amount of rent due from him, in purpose for which it was intended
accordance with the terms of the sublease, at the  The obligation to make repairs must be
time of the extrajudicial demand by the lessor. understood to apply to the restoration of
Payments of rent in advance by the sublessee property which has deteriorates from use or
shall be deemed not to have been made, so far as has been partially destroyed, without total
the lessor's claim is concerned, unless said loss of identity.
payments were effected in virtue of the custom of  It is the duty of the lessee to give NOTICE of
the place. the need of repairs to the lessor, and he shall
be liable for the damages which by his
 Subsidiarily liable to the lessor for neglect may be suffered by the owner.
any rent due from the lessee  Although the lessor is bound to make the
 The sublessee shall not be necessary repairs, whether due to lapse of
responsible beyond the amount of time, or to the use stipulated in the leases
rent due from him, in accordance contract, or to fortuitous event, or to the
with the terms of the sublease, at the nature of the thing leased, he is NOT bound to
time of the extrajudicial demand by make repairs caused by the lessee himself.
the lessor.
 Payment of rent in ADVANCE by the Effect of Urgent Repairs
sublessee shall be deemed not to  During the lease it should become
have been made, so far as the necessary to make some urgent repairs
lessor’s claim is concerned, UNLESS upon the thing leased, which cannot be
said payments were effected by deferred until the termination of the
virtue of the custom of the place. lease, the lessee is obliged to tolerate the
work.
(ii) for the use and preservation of the  If the repair lasts for more than 40 days,
thing leased the rent shall be reduced in proportion ti
 Without prejudice to his obligation the time-including the 40 days- and the
toward the sublessor, the sublessee part of the property of which the lessee
is bound to the lessor for all the acts has been deprived.
which refer to the use and  When the work is of such a nature that
preservation of the thing leased in the portion which the lessee and his
the manner stipulated between the family need for their dwelling becomes
lessor and the lessee. uninhabitable, he may rescind the
contract if the main purpose of the lease
(9) Rights and obligations of lessor and is to provide a dwelling for the lessee.
lessee  If after having been notified, the lessor
(a) obligation of lessor fails to make urgent repairs, the lessee,
to avoid imminent danger, may order the
Art. 1654. The lessor is obliged: repairs at the lessor’s expense.
(1) To deliver the thing which is the object of
the contract in such a condition as to render it fit Dangerous Conditions
for the use intended;  If a dwelling is in such a condition that its
(2) To make on the same during the lease all use brings imminent and serious danger
the necessary repairs in order to keep it suitable to life or health, the lessee may terminate
for the use to which it has been devoted, unless the lease at once by notifying the lessor,
there is a stipulation to the contrary; even if at the time the contract was
(3) To maintain the lessee in the peaceful and perfected the former knew of the
adequate enjoyment of the lease for the entire dangerous condition or waived the right
duration of the contract. to rescind the lease on account of the
condition.
(i) Warranty of Lessor
 The provisions governing warranty Alteration
contained in the Title on Sales, shall be
applicable to the contract of lease. Art. 1661. The lessor cannot alter the form of the
 IN the cases where the return of the price is thing leased in such a way as to impair the use to
required, REDUCTION shall be made in which the thing is devoted under the terms of the
proportion to the time during which the lease.
lessee enjoyed the thing.
 Art. 1547, 1555, 1561, 1566, 1567, 1568,  To deliver the thing which is the object of
1569 the contract in such a condition as to
 A warranty is the obligation to repair or render it fit for the use intended
correct the error whereunder the lessee  To make on the same thing, during the
took over the property leased. lease, all the necessary repairs in order to
 BUT when the law declares that the lessor keep it suitable for the use to which it has
must warrant the thing leased, it is not to been devoted, unless there is a
be understood that he must also indemnify stipulation to the contrary.
the lessee. Liability for the warranty is not  Must be interpreted in the light of growth
equivalent to liability in damages. of civilization and varying conditions.
 The lessor is liable for the warranty of the
thing leased against any hidden defects it (iii) Peaceful Possession
  It is the duty of the lessor to place the interest thereon at the rate of 6% per
lessee in legal possession of the premises year.
and to maintain him in the of the  A tenant evicted without due process of
property during the entire term of the law is entitled to recover damages but
lease. such damages must be limited to the
 To maintain the lessee on the peaceful simple trespass and cannot include
and adequate enjoyment of the lessee for mesne profits.
the entire duration of the contract.
 The non-fulfillment by the lessor of this Place and Time
obligation releases the lessee from the  Payment of rent shall be made at the
obligation to pay what is stipulated in the domicile of the lessee; and with respect
contract from the date he ceased to to the time, the custom of the place shall
occupy the premises. be followed.
 The lessee is obliged to bring to the
knowledge of the proprietor, within the ii. Use the Thing Leased as a Diligent
shortest possible time, every usurpation Father
or untoward act which any third person  To use the thing leased as a diligent
may have committed, or may be openly father of a family, devoting it to the use
preparing to carry out upon the thing stipulated, and in the absence of
leased; He shall be liable for the damages stipulation, to that which may be inferred
which, through his negligence, may be from the nature of the thing leased,
suffered by the proprietor. according to the custom of the place.
 The lessee is obliged to bring to the  The lessee shall return the thing leased,
knowledge of the proprietor, within the upon the termination of the lease, just as
shortest possible time, every usurpation he received it, save what has been lost or
or untoward act which any third person impaired by the lapse of time, or by the
may have committed or may be openly ordinary wear and tear, from an
preparing to carry out upon the thing inevitable cause.
leased. He shall be liable for the damages  The lessee is responsible for the
which, through his negligence, any be deterioration of the thing leased, unless
suffered by the proprietor he proves that it took place without his
 Upon the ouster of the tenant by a third fault.
person, the owner may commence  The lessee is liable for any deterioration
summary proceedings to recover caused by members of his household and
possession. by his guest and visitors.
 Summary possessory action will lie
against him who disturbs another in his iii. Pay Expenses for the Deed of Lease (Art.
possession whether acting in his own 1662-1667)
behalf or under direction of another.
 The owner is entitled to defend his c. Right of lessee to suspend payment
property from any aggression in order to of rentals
prevent serious injury to his interest, Art. 1658. The lessee may suspend the payment
which would happen if this was left to the of the rent in case the lessor fails to make the
tenant who has no interest and has no necessary repairs or to maintain the lessee in
real right in the property leased. peaceful and adequate enjoyment of the property
 Whatever may be the nature of the leased.
disturbance occurring, as long as it may
affect the possession or the right of the d. Right to ask for rescission
owner over the leased property, he is
entitled to institute the proper action and Liability for Breach of Duties
it would be judicial absurdity to deny him  If the lessor or lessee should not comply
such a right and trust the defense of his with the obligation set forth in ART 1654
interests to the tenant whose obligations and 1657, the aggrieved party may ask
and rights are entirely different. for:
(1) rescission of the contract;
(b) obligations of lessee (Art. 1657) (2) indemnification for damages;
(3) only damages, allowing the
contract to remain in force
(i) Pay Rent  The lessor cannot be held responsible for
 to pay the price of the lease according to damages from defects unknown to both
the terms stipulated parties. But the lessor who fails in the
 the obligation imposed upon the lessee to performance of his obligation must
pay rent in the manner agreed upon indemnify the lessee for damages
arises only when the contract has been occasioned thereby. The true measure of
actually carried into effect by the delivery damages in such a case is the ACTUAL
of the thing leased to the lessee for the loss of the lessee arising from the breach
purpose stipulated in the contract. of contract on the part of the lessor.

Increase and Decrease of Rent

 Increase and decrease in the price of Alternative Remedies
lease shall be 10% per year, net of the  Performance of the contract and
assessed violation of the property that is rescission of the lease are alternative
the subject matter of the contract. remedies
 Rentals shall be paid not on the basis of  In either case, the aggrieved party is
the assessed valuation of the property on entitled to such damages as are
the date of the contract, but on the basis appropriate as to the particular remedy
of the assessed valuation determined by chosen, but may not upon rescission of
the government assessors and subject to the contract recover the damages that
the natural fluctuations in the value of are appropriate only where the
property, according to the appraisement performance is demanded.
thereof made for assessment of taxes.
Rescission of the Contract
Failure to Pay for Rent  Where the plaintiff alleges and submits
 For failure to pay the rent will entitle the proof that the defendant is in possession
lessor to evict the tenant, and recover of a parcel of land as lessee, and the
the unpaid rent, plus accrued legal latter has not paid the proper rents, he
 may be compelled, by reason of his of some repairs done therein, when it
inability to pay to: appears that in the contract of lease it
(1) return the leased property; was stipulated that the lease should
(2) the lessor has a right to rescind retain a certain amount from the monthly
the contract; rent to reimburse himself of a liquidated
(3) recover the unpaid rents amount of money spent in those repairs,
(4) eject the tenant from the land and there is nothing in the record
 The execution of the deed shall be showing that the lessee had not thus
equivalent to delivery but this is a reimbursed himself of the amount.
rebuttable presumption.
 If the thing leased has never been placed Option To Renew
in possession of the lessee, he has the  Where a lease is for a stated term with
remedy of rescission. the privilege to the lessee of extending
the term for another period, and contains
Recovery of Damages no provision for notice to the lessor of the
 A breach of rental contract entitles the lessee’s election so to extend the term,
other party to demand indemnity for the lessee is not required to give express
damages. notice to the lessor, before the expiration
of the first period, of his election to
Enforcement of Lease extend the term.
 Where the lessor resumes possession of
his leased property for its protection after Tacit Renewal
the lessee has abandoned the same, the  When the tenant, with the acquiescence
lessor has still the right to hold the lessee of the landlord, holds over after the
responsible until the termination of the expiration of the term, the tacit renewal
lease. of the lease is not for the same term as
 The lack of power of administration to that of the original contract, but ofr the
lease the premises for a period beyond same terms as in Art. 1682 (rural) and
his administration, may NOT be invoked 1687 (urban) according to the character
by the lessee who has dealt with him, but of the property and the periods of
only by the heirs or the new owners of payment of the rent.
the premises.  There can be no renewal, if the lessor,
before the expiration of the term, gives
(e) Lessor not obliged to answer for the lessee a notice to vacate.
mere act of trespass by a third  The fifteen-day period which brings about
person a tacit renewal of the lease, is not
applicable to successive renewals.
 In the case of IMPLIED NEW LEASE, the
(10)Grounds for ejectment of lessee by lessor obligation contracted by a third person
for the security of the principal contract
shall lease with respect to the new lease.
Termination of Lease
· The lease may terminate: Judicial Ejectment
(1) by the expiration of the period;  The lessor may judicially eject the lessee
(2) by the total loss of the thing; for any of the following causes:
(3) by the resolution of the right of the (1) When the period agreed upon, or that
lessor, such as when the lessor is which is fixed for the duration of
usufruct is terminated; leases under Art 1682 (rural) and
(4) by the will of the purchaser or 1687(urban), has expired;
transferee of the things; (2) Lack of payment of the price
(5) by rescission due to nonperformance stipulated;
of the obligation of one of the parties. (3) Violation of any of the conditions
 In order to retain the thing leased to the agreed upon in the contract;
lessor, it is not enough that the lessee (4) When the lessee devotes the thing
vacates it. It is necessary that he place leased to any use or service not
the thing at the disposal of the lessor, so stipulated which causes the
that the lessor can receive it without any deterioration thereof, or if he does
obstacle. not observe due diligence in its use.
 In ejectment cases where an appeal is
Fixed Period taken, a preliminary mandatory injunction
 If the lease was made for a determinate may be granted to restore the lessor in
time, it ceases upon the day fixed, possession by motion filed within a period
without the need of a demand. of 10 days from the time the appeal is
 If at the end of the contract the lessee perfected.
should continue enjoying the thing leased  When the lease contract does not have a
for fifteen days with the acquiescence of definite period, but is terminable upon 30
the lessor, and unless a notice to the days notice, the lease will terminate upon
contrary by either party has previously the expiration of 30 days from the receipt
given, it is understood that there is an of notice, whether the termination
implied new lease, not for the period of coincides with the rent day or not.
the original contract but for the time  The landlord has the right to increase the
established in art. 1682(rural) and rent after the expiration of the stipulated
1687(urban) period. And if no period is stipulated, in a
 But if the lessee continues enjoying the lease of urban property, notice by the
thing after the expiration of the contract, lessor of an increase in rent is equivalent
over the lessor’s objections, the lessee to notice of termination of the original
shall be subject to the responsibilities of a agreement.
possessor in bad faith.  Default in the payment of rent authorizes
 When the parties have made no the lessor judicially to dispose the lessee.
agreement and the tenant remains in
possession with the acquiescence of the (12)Right of purchaser of leased land
lessor for 15 days after the expiration of
the term, the duration of the tenancy is Art. 1676. The purchaser of a piece of land which
governed by article 1682 and 1687. is under a lease that is not recorded in the
 It is no excuse to remain in possession Registry of Property may terminate the lease,
after the lease has expired, to say that save when there is a stipulation to the contrary in
the lessor owed the lessee for the value
the contract of sale, or when the purchaser knows power to eject the lessee until the end of
of the existence of the lease. the period of redemption.
If the buyer makes use of this right, the lessee  This rule is not applicable to a case where
may demand that he be allowed to gather the the vendor, on disposing of real property
fruits of the harvest which corresponds to the under right of repurchase, continues
current agricultural year and that the vendor nevertheless in possession thereby by
indemnifies him for damages suffered. virtue of a special agreement, not as
If the sale is fictitious, for the purpose of owner, but as tenant of the purchaser by
extinguishing the lease, the supposed vendee the payment of rent. (constitutum
cannot make use of the right granted in the first possesorium)
paragraph of this article. The sale is presumed to  The rule refers to the tenant or lessee
be fictitious if at the time the supposed vendee who has contracted with the vendor and
demands the termination of the lease, the sale is who has had no relation whatsoever with
not recorded in the Registry of Property. the purchaser under an agreement of
redemption; such tenant is a third person
Art. 1677. The purchaser in a sale with the right with respect to said vendor and
of redemption cannot make use of the power to purchaser, because, if the vendor should
eject the lessee until the end of the period for the by redemption recover the property, the
redemption. lessee would again be entitled to the
enjoyment of the lease.
Sale Of Leased Property  But when the vendor remains in
 The purchaser of a piece of land which is possession as a tenant, and he fails to
under a lease that is not recorded in the pay the agreed rent, he may be evicted
Registry of Property may terminate the by the vendee even before the period of
lease, save when there is a stipulation to redemption has expired.
the contrary in the contract of sale, or
when the purchaser knows of the (13)Useful improvements in good faith made
existence of the lease. by lessee.
 If the buyer makes use of this right, the
lessee may demand that he be allowed to Indemnity For Improvements
gather the fruits of the harvest which  If the lessee makes, in good faith, useful
corresponds to the current agricultural improvements which are suitable to the
year and that the vendor indemnify him use for which the lease is intended,
for damages suffered. without altering the form or substance of
 If the sale is fictitious, for the purpose of the property leased, the lessor upon the
extinguishing the lease, the supposed termination of the lease shall pay the
vendee cannot make use of the right to lessee one-half of the value of the
terminate the lease. The sale is presumed improvements at that time.
to be fictitious if at the time the supposed  Should the lessor refuse to reimburse
vendee demands the termination of the said amount, the lessee may remove the
lease, the sale is not recorded in the improvements, even though the principal
Registry of Deeds thing may suffer damages thereby. He
 A contract of lease executed by the shall not, however, cause any more
vendor, unless recorded, ceases to have impairment upon the property leased
effect when the property is sold, in the than is necessary.
absence of a contrary agreement.  With regard to ornamental expenses, the
 The purchaser of real property is bit lessee shall not be entitled to any
bound by an unrecorded lease thereof reimbursements, but he may remove the
which is not mentioned in the deed of them, provided no damage is caused to
conveyance. the principal thing, and the lessor does
 The act of the new owner of giving notice not choose to retain them by paying their
of an increase of rent, when the existing value at the time the lease is
lease is of an indefinite time, or when the extinguished.
original period has expired, constitutes a
notice of termination of the original lease. (14)Special provisions for leases of rural lands
 If the tenant continues in possession,  The purpose of the property is the
without accepting the new terms controlling factor in determining whether
proposed, he becomes obliged to pay the land is rural or urban
reasonable value of the use and  It is urban when the principal purpose is
occupation of the premises, and may dwelling.
furthermore be evicted from the  It is rural when the principal purpose is
property. exploitation of the soil.

Effect of Actual Notice SECTION 3

 A purchaser of land who has full Special Provisions for Leases of Rural Lands
knowledge of the fact that the land has
been leased to a third person and is Art. 1680. The lessee shall have no right to a
informed of the terms of such lease at the reduction of the rent on account of the sterility of
time of the purchase is bound to respect the land leased, or by reason of the loss of fruits
the lease. due to ordinary fortuitous events; but he shall
have such right in case of the loss of more than
Right of Lessee to Fruits and Damages one-half of the fruits through extraordinary and
 The law grants the purchaser of a leased unforeseen fortuitous events, save always when
estate the right to terminate the lease, there is a specific stipulation to the contrary.
reserving to the lessee only the right to Extraordinary fortuitous events are understood to
gather the fruits of the crop be: fire, war, pestilence, unusual flood, locusts,
corresponding to the current agricultural earthquake, or others which are uncommon, and
year. The lessee, however, may recover which the contracting parties could not have
his damages from the vendor, his lessor. reasonably foreseen.
 This right does not extend to the Art. 1681. Neither does the lessee have any right
gathering of fishes, which require 2 years to a reduction of the rent if the fruits are lost after
before they are of any commercial value. they have been separated from their stalk, root or
trunk.
Right to Repurchase Art. 1682. The lease of a piece of rural land,
 The purchaser in a sale with the right to when its duration has not been fixed, is
redemption cannot make use of the understood to have been for all the time
necessary for the gathering of the fruits which the
whole estate leased may yield in one year, or Art. 1686. In default of a special stipulation, the
which it may yield once, although two or more custom of the place shall be observed with regard
years have to elapse for the purpose. to the kind of repairs on urban property for which
Art. 1683. The outgoing lessee shall allow the the lessor shall be liable. In case of doubt it is
incoming lessee or the lessor the use of the understood that the repairs are chargeable
premises and other means necessary for the against him.
preparatory labor for the following year; and, Art. 1687. If the period for the lease has not
reciprocally, the incoming lessee or the lessor is been fixed, it is understood to be from year to
under obligation to permit the outgoing lessee to year, if the rent agreed upon is annual; from
do whatever may be necessary for the gathering month to month, if it is monthly; from week to
or harvesting and utilization of the fruits, all in week, if the rent is weekly; and from day to day, if
accordance with the custom of the place. the rent is to be paid daily. However, even though
Art. 1684. Land tenancy on shares shall be a monthly rent is paid, and no period for the lease
governed by special laws, the stipulations of the has been set, the courts may fix a longer term for
parties, the provisions on partnership and by the the lease after the lessee has occupied the
customs of the place. premises for over one year. If the rent is weekly,
Art. 1685. The tenant on shares cannot be the courts may likewise determine a longer period
ejected except in cases specified by law. after the lessee has been in possession for over
Reduction of Rents six months. In case of daily rent, the courts may
 The lessee shall have no right to a also fix a longer period after the lessee has stayed
reduction of the rent on account of the in the place for over one month.
sterility of the land leased, or by reason Art. 1688. When the lessor of a house, or part
of the loss of the fruits due to fortuitous thereof, used as a dwelling for a family, or when
events; but he shall have such right in the lessor of a store, or industrial establishment,
case of the loss of more than one-half of also leases the furniture, the lease of the latter
the fruits through extraordinary and shall be deemed to be for the duration of the
unforeseen fortuitous events, unless, lease of the premises.
there is a specific stipulation to the
contrary.
 Neither does the lessee have any right to
a reduction of the rent if the fruits are
lost after they have been separated from
their stalk, root or trunk.
Duration of Lease
 The lease of a piece of rural land, when
its duration has not been fixed, is
understood to have been made for all the
time necessary for the gathering of the
fruits which the whole estate leased may
yield in one year, or which it may yield
once, although two or more years may
have to elapse for the purpose.
 The duration of a lease can not be
affected by the more or less valuable
improvements voluntarily made by the
lessee upon the property
 The outgoing lessee shall allow the
incoming lessee or the lessor the use of
the premises and other means necessary
for the preparatory labor for the following
year
 Reciprocally, the incoming lessee or
lessor is under obligation to permit the
outgoing lessee to do whatever may be
necessary for the gathering or harvesting
and utilization of the fruits, all in
accordance with the custom of the place.

Land Tenancy
 Land tenancy on shares shall be
governed by the following:
(1) special laws,
(2) stipulations of the parties,
(3) provisions on partnership,
(4) custom of the place
 The tenant on shares cannot be ejected
except in cases specified by law (Art.
1685.)
 The ejectment of tenants of agricultural
lands is governed by special laws.
 Only two tenancy laws have been passed:
(1) Rice Tenancy Act (Act. 4054 as
amended by RA 34)
(2) Sugar Tenancy Act (Act.4113)
 Tenancy questions on land which is
neither rice nor sugar land are not within
the purview of these tenancy laws.

(15)Special provisions for leases of urban

lands

SECTION 4
Special Provisions of the Lease of Urban
Lands