PROPERTY

DEFINITION Property is an economic concept, meaning a mass of things useful to human activity
and is necessary to life, for which reason they may be organized and distributed in one
way or another, but, always for the good of man. In order that a thing may be
considered as property, it must have a) utility, b) substantivity, i.e., an autonomous or
separate existence and c) appropriability or susceptible to appropriation.

CLASSIFICATION UNDER THE CIVIL CODE

Asked in 76, 96, 97, 07

By Nature: Art. 415 (pars. 1 & 8)

IMMOVABLE
By Incorporation: Art. 415 (pars. 2, 3, & 7)
OR REAL By Destination: Art. 415 (pars. 4, 5, 6 & 9)
PROPERTY By Analogy: Art. 415 (par. 10)
ART. 415
MOVABLE OR
PERSONAL
PROPERTY FROM POINT OF VIEW OF
ARTS. 416 - 417 Criminal Law
Form of contracts involving movables or immovables
Prescription
IMPORTANCE Venue
AND Taxation
SIGNIFICANCE Preference of Credits

Chapter I. Property
DIFFERENCES Real Right
BETWEEN Personal Right
Page 3 of 276

REAL RIGHTS
AND
PERSONAL
RIGHTS
 OTHER CLASSIFICATION

PRINCIPAL
BY THEIR AUTONOMY ORACCESSORY
DEPENDENCE– Destined to complete, enhance or ornament another property.

CONSUMABLE – Art. 418 par. 1

BY THEIR SUBSISTENCE AFTER USE
NON-CONSUMABLE – Art. 418
DETERIORABLE OR NON-DETERIORABLE

BY THEIR SUSCEPTIBILITYDIVISIBLE
TO DIVISION
INDIVISIBLE

BY REASON OF DESIGNATION
GENERIC
SPECIFIC

BY THEIR EXISTENCE IN POINT OF TIME

PRESENT
FUTURE

CONTENTS AND CONSTITUTION

SINGULAR: a) Simple b) Compound
UNIVERSAL

SUSCEPTIBILITY TO APPROPRATION
APPROPRIABLE: a) Already appropriated b) Not yet appropriated

Chapter I. Property
NON-APPROPRIABLE
Page 4 of 276

WITHIN THE COMMERCE OF MAN

SUSCEPTIBILITY TO COMMERCE
OUTSIDE THE COMMERCE OF MAN
 CLASSIFICATION BY OWNERSHIP

RES NULLIUS Belongs to no one

PROPERTY OF STATE (ARTS. 420 – 422)

PUBLIC DOMAIN • For Public Use
(cf. Patrimonial) • For Public Service
ARTS. 419, 420 – 422, •
424
For Development of National Wealth
CLASSIFICATION UNCER THE 1987 CONSTITUTION
• Public Agricultural Land
• Mineral Land
• Timber Land
• National Parks

PROPERTY OF MUNICIPAL CORPORATIONS (ART. 424 par. 1)

• For Public use including public works for public service

PRIVATE PROPERTY • Patrimonial Property of State (Art. 424)

Chapter II. Real and Personal Rights Distinguished

• Patrimonial Property of Municipal Corporations (Art. 424 par. 2)
• Private Property of Private Persons (Art. 425 par. 2)
EFFECT AND SIGNIFICANCE OF CLASSIFICATION OF PROPERTY AS PROPERTY OF PUBLIC DOMINION
• Property is outside the commerce of man.
• Property cannot be subject of acquisitive prescription.
• Property cannot be attached nor levied upon in execution.
• Property cannot be burdened with a voluntary easement.

OTHER CLASSIFICATION
• CORPOREAL – They can be determined by the senses (RES QUI TANGI POSSUNT). They include rights of ow
• INCORPOREAL - They are things having abstract (ideal) existence, created by man and representing value.
Rights over incorporeal things
Credits
Page 5 of 276

BY THEIR PHYSICAL EXISTENCE

Real rights, other than ownership over corporeal things
 REAL RIGHTS AND PERSONAL RIGHTS DISTINGUISHED

REAL RIGHTS (JUS IN RE) PERSONAL RIGHTS (JUS IN PERSONAM)

A right that confers upon its holder an autonomous power to derive directly from a thing (property) certai
DEFINITION • It is the power of one person to demand of another as a defin
• It is also called a RIGHT OF OBLIGATION

CHARACTERISTICS • The holder must be able to act DIRECTLY •upon

Holder
theofthing
rightby
must
himself.
enforce
There
his is
rights
no definite
throughpassive
another’s
subject
act
• The right is enforceable against any possessor
• Onlyofone
theobligated
thing, or as
against
an obligor,
the wholeand world
his heirs,
(i.e.executor’s
via a real ac
an

Chapter II. Real and Personal Rights Distinguished

DISTINCTION • Exercised directly over a thing • Exercised through another person (obligor)
• Has a specific object or item of property • Affects all present and future property of debtor
-- corporeal or incorporeal • Not enforceable against a transferee without notice
• Follows its object in the hands of any possessor
• Not so limited (may be enforced versus all properties of debt
• limited by value of object or its productivity
• Extinguished by payment/performance or other modes of ex
• extinguished by the loss or destruction of object/thing
Page 6 of 276
 REAL RIGHTS (JUS IN RE)

CLASSES 1. OF FULL CONTROL

a) Ownership
b) Real right of possession
(jus possessionis)

2. OF ENJOYMENT
a) Usufruct
b) Real or Praedial Servitudes
(easements)
c) Recorded leases

Chapter II. Real and Personal Rights Distinguished

3. OF GUARANTY
a) Mortgage, chattel or real
estate
b) Pledge
c) Antichresis
d) Retention

4. OF ACQUISITION
a) Preemption
b) Redemption
No. of real rights – not limited in
number
Example: Stewardship rights
under the 1987 Constitution
Page 7 of 276
 OWNERSHIP

DEFINITION It is independent right of exclusive enjoyment and control of a thing for the purpose of deriving therefrom

CHARACTERISTICS It is an elastic concept, i.e., some of the bundle of rights in ownership may be temporarily given

Generality of right – right to make use of all possibilities or utility of thing

Chapter II. Real and Personal Rights Distinguished

Perpetual cause – exists as long as the thing exists

Independent of other real rights; it is the highest of all real rights

SUBJECT MATTER OF OWNERSHIP Things/Property Rights (Proprietary)

Movables Immovables
Page 8 of 276

Corporeal/Tangible Incorporeal/Intangible
 BUNDLE OF RIGHTS Jus Utendi To use and enjoy the thing and its accessions
Asked in 77, 81

Jus Fruendi To own the fruits and accessions

Possession (as a real right or possession de jure):
Jus utendi and jus fruendi are present if possession in concept of owner
Jus Abutendi To use abnormally, in the sense of use that consumes the thing itself

Jus Disponendi To dispose whether total or partial, permanent or temporary (Alienation, Enc

Jus Vindicandi
To vindicate; pursuit and recovery (Art. 434)

Chapter II. Real and Personal Rights Distinguished

Jus Possidendi To possess (implied from the five rights above)

Right to
OTHER SPECIFIC RIGHTS GIVEN TOExclude;
OWNER Self-Help
IN THE (available
CIVIL CODEto both owner and lawful possessor); Doctrine of Self
Help; Elements - Art. 429 – (Jus Utendi/Preventive Jus Vindicandi)
Right to Enclose or Fence - Art. 430 – (Jus Utendi/ Preventive Jus Vindicandi)
Right to Receive Just Compensation in Case of Expropriation - Art. 435, but not if property
seized by competent authority in the interest of health, safety or security (exercise of police
power) unless seizure is unjustified
Right to Hidden Treasure - Arts. 438-439 (Asked in 76, 95, 97)
Right to Accession - Art. 440
Right to Recover Possession and/or Ownership – (Jus Vindicandi)
Right of owner of land to its surface and everything under it, except natural resources
CUJUS EST SOLUM EJUS EST USQUE AD CŒLUM ET USQUE AD INFEROS (Latin maxim);
Page 9 of 276

owner may make any works, plantations and excavations subject to servitudes and special
laws and ordinances and reasonable needs of aerial navigation – Art. 437
 AVAILABLE ACTIONS TO RECOVER
IMMOVABLE
POSSESSION
PROPERTYOR Action to recover real right of ownership (may be defeated by affirmative d
OWNERSHIP REQUISITES
1. The thing must be CORPOREAL, CONCRETE and DETERMINATE
2. PROOF of IDENTITY by BORDERS (May be Natural or Artificial)
Acción Reivindicatoria
3. SUPERIOR TITLE

REQUISITES FOR RECOVERY

• Plaintiff identifies property and

• Proves his right of ownership/possession
Acción Publiciana Action to recover possession as a real right or possession de jure. It prescri
- must rely on strength of his evidence and not on weakness of defendant’s claim

EJECTMENT ACTIONS
Asked in 77, 94, 04

It is an action to recover actual, physical possession of real property by a de

Forcible entry

Chapter II. Real and Personal Rights Distinguished

Unlawful Detainer It is also an action to recover actual, physical possession of real property. It

MOVABLE PROPERTY

Replevin Action to recover either ownership or possession. Prescribes in 4 or 8 years

Page 10 of 276
 LIMITATIONS OF REAL RIGHT TO OWNERSHIP
Asked in 77 GENERAL Police Power e.g.,Abatement of nuisance

Taxation
Property is expropriated is devoted for public use, but upon
Eminent Domain

SPECIFIC
• Provided they are not contrary to forbidden by law e.g., encumbrances, servitudes, Pactum de non ali
• Valid, unless prohibited by law
• Inter vivos e.g., donations where donor imposes conditions
Limitations imposed by owner’s•or
Mortis causa
grantor’s e.g., last will where testator may impose indivision among co-
will
heirs up to 20 years.

Chapter II. Real and Personal Rights Distinguished

Limitations from the Civil Code
• Liability for noisome and excessive smoke, emanations (Art. 2191)
• Observance of distances in planting and building (Arts. 677 – 679)
• Observance of distances for making openings in one’s own walls (Art. 670)
• Duty to grant right of way (Art. 649) even without indemnity (Art. 652)
These are limitations for the private benefits
• Duty of neighbors
to receive (relaciones
water naturally de vencidad)
descending from higher level (Art. 637)
SIC UTERE TUO UT ALIENUM NON • Duty
LÆDAS,to drain buildings
(so use throughthat
your property one’s ownnot
it will properties (Art. 676)
harm others) The owner of a thing cannot make use ther
• Restrictions in the use of party walls (Arts. 644, 666)
• Restrictions on Excavations (Arts. 684 – 687)
• The owner of a thing has no right to prohibit the interference of another with the same, if the interfere
Page 11 of 276
 CO-OWNERSHIP
DEFINITION • The right of common dominion which two or more persons have in spiritual part of a thing which is not p
• It is a manifestation or variation of ownership; where instead of there being a sole owner, there several

CHARACTERISTICS There is plurality of owners, but only one real right of ownership

The recognition of ideal shares or aliquot portions, defined but not physically identified. (Asked

Each co-owner has the absolute control over his ideal share, not over specific portions of the pro

Chapter II. Real and Personal Rights Distinguished

There is mutual respect among co-owners as regards the use, enjoyment and preservation of th

SUBJECT MATTER OF CO-OWNERSHIP

All things or property (including property rights), whether real or personal property, tangible or intangible

CONTRASTED WITH JOINT TENANCY A joint tenant cannot sell his separate share.
JOINT TENANCY Involves a physical whole and results in ownership in the group.

The interest of the deceased accrues to the surviving joint owner.

Page 12 of 276

The disability of one joint owner benefits the others (Tagarao v. Garcia
 COMPARED WITH PARTNERSHIP
BY ITS ORIGIN Co-ownership is created by other sources besides a contract; partnership, contract o
Asked in 88

BY PERSONALITY Co-ownership has no juridical personality; partnership has juridical personality distin

BY REPRESENTATION It involves no legal representation of other co-owners; partnership may be represent

BY ITS PURPOSE Co-ownership provides for common enjoyment; the purpose of a partnership is for pr

BY ITS DURATION Co-ownership: may not stipulate indivision for more than 10 years (20 if imposed by testator o

Chapter II. Real and Personal Rights Distinguished

AS REGARDS ITS DISSOLUTION
Co-ownership is not dissolved by the co-owner’s death; partnership is dissolved by any partne

LEGAL EFFECTS Co-ownership creates rights in favor of each one of the co-owners with respect to the property owned in comm
1. His right over the thing owned in common is limited by the other
co-owner’s concomitant rights
2. His rights over his ideal share or his undivided interest over the same property; the individual co-owner has a
Page 13 of 276

BUNDLE OF RIGHTS Jus Utendi Jus Abutendi Jus Vindicandi

Jus Fruendi Jus Disponendi Jus Possidendi

 SOURCES
LAW BY THE VOLUNTARY ACT OR WILL OF OWNER OR PARTIES TO CONTRACT

CHANCE OCCUPATION (Harvesting and fishing)

LAW • BETWEEN A MAN AND A WOMAN CAPACITATED TO MARRY EACH OTHER

Art. 147: When a man and a woman who are capacitated to marry each other, live exclusively with each other as husban
Neither party can encumber or dispose by acts inter vivos on his/her share in the property acquired during cohabitation
When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership s
COHABITATION
• BETWEEN A MAN AND A WOMAN NOT CAPACITATED TO MARRY EACH OTHER
Art. 148: In cases of cohabitation not falling under the preceding article, only the properties acquired by both of the part
If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute comm
The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith.

Chapter II. Real and Personal Rights Distinguished

Page 14 of 276
 LAW

IMPLIED TRUST If 2 or more persons purchase property and by common consent legal title is taken in the name of one of the

INTESTATE SUCCESSION Where there are 2 or more heirs, the whole estate of the decedent is, before its partition, owned in common

HIDDEN TREASURE Co-ownership between finder and owner if finder (who is not the owner) found hidden treasure by chance an
Asked in 08 Art. 438: Hidden treasure belongs to the owner of the land, building or property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisio

Chapter II. Real and Personal Rights Distinguished

EASEMENT OF PARTY WALL
Art. 685: The easement of a party wall shall be governed by the provisions of this Title, by the local ordinanc

BY THE VOLUNTARY ACT OR WILL OF THE OWNER OR PARTIES TO CONTRACT

Page 15 of 276

TESTATE SUCCESSION Property is given to 2 or more persons.

 BY THE VOLUNTARY ACT OR WILL…

Donation made to several persons jointly, it is understood to be made in equal shares (Art. 753).
No rights of accretion, unless donor otherwise provides.
DONATION But if donation is made to a husband and wife jointly, there shall be a right of accretion, unless the contrary i

CONDOMINIUM LAW (RASec.

4726)
6 (C): Unless otherwise provided, the common areas are held in common by the holders of units, in equa

CONTRACT Two or more persons agree to create a co-ownership. Maximum duration of co-ownership by agreement: 10 y

Chapter II. Real and Personal Rights Distinguished

UNIVERSAL PARTNERSHIP
• OF ALL PRESENT PROPERTIES
Art. 1778 – A partnership of all present property is that in which the partners contribute all property which actually belong
Art. 1779 – In an universal partnership of all present property, the property which belong to each of the partners at the ti
A stipulation for the common enjoyment of any other profits may also be made; but the property which the parties may a
• OF PROFITS
Art. 1780 – A universal partnership of profits comprises all that the partners may acquire by their industry or work during
Movable or immovable property which each of the partners may possess at the time of the celebration of the contract sh

ASSOCIATIONS AND SOCIETIES, WHOSE ARTICLES ARE KEPT SECRET AMONG ITS MEMBERS
Page 16 of 276

Art. 1775 – Associations and societies, whose articles are kept secret among the members, and wherein any
 CHANCE

Art. 472 – If by the will of their owners 2 things of the same or different kinds are mixed, or if the mixture
COMMIXTION IN GOOD FAITH

RIGHTS OF EACH CO-OWNER OVER THE THING OR PROPERTY OWNED IN COMMON

Asked in 83, 84, 86, 88, 00, 01, 02

TO USE THE THING ACCORDING

Art. 486 –TO THEco-owner
Each PURPOSEmay
INTENDED
use the(JUS UTENDI)
thing owned in common, provided he does so in accordance with th

Chapter II. Real and Personal Rights Distinguished

Art. 485
TO SHARE IN THE BENEFITS – The share ofTO
IN PROPORTION theHIS
co-owners, in the
INTEREST, benefits THE
PROVIDED as well as in theARE
CHARGES charge,
BORNEshall
BYbe proportional
EACH to the
IN THE SAME
The portions belong to the co-owners in the co-ownership shall be presumed equal, unless the contrary is
Page 17 of 276

Dr. Arturo
ANYONE OF THE CO-OWNERS MAYTolentino
BRING AN is ACTION
of the opinion that the (Art.
IN EJECTMENT term487)
ejectment includes all actions for recovery of possessio
 RIGHTS OF EACH CO-OWNER…

Other co-owners
TO COMPEL THE OTHER CO-OWNERS have the option
TO CONTRIBUTE not to contribute
TO EXPENSES FOR THEby renouncing soOF
PRESERVATION much
THE of his undivided
PROPERTY OWNEDinterest as may
IN COMMON
But no such waiver can be made if it is prejudicial to co-ownership. Justice J.B.L. Reyes opines that such wa
Art. 489 – Repairs for preservation may be made at the will of one of the co-owners, but he must, if practic

Chapter II. Real and Personal Rights Distinguished

Art. 491 – No one of the co-owners shall, without the consent of the others, make alterations in the thing owne
TO OPPOSE ANY ACT OF ALTERATION

ACT OF ALTERATION: It is any change injurious to the thing

IS THE
ownedLEASE
in common
OF REAL or to
PROPERTY
the rights OWNED
of other co-owners
IN COMMON or isAN
material
ACT OF
to the
OWNE use
But if the withholding of consent by any one of the co-owners
Art. 1647,
is clearly
in relation
prejudicial
to Art.to1878
the common
par. 8, provides:
interest,Ifcourts
a lease
may
is to
afford
be recorder
adequatein th
re
Art. 1878 par. 8: Special Powers of Attorney are necessary in the following cases:
Melencio v. Dy Tiao Lay (55 Phil. 100): Long term lease (over 6 years) by a majori
Page 18 of 276
 RIGHTS OF EACH CO-OWNER…

TO PROTEST AGAINST RESOLUTIONS OF MAJORITY

Acts of administration andWHICH ARE SERIOUSLY
better enjoyment PREJUDICIAL
of the property owned inTO THE MINORITY
common (IN ACTS
have the following OF ADMINISTRATIO
characteristics: 1) They
2) They are renewable from time to time
3) They do not bind the co-ownership for a long time in the future
4) They do not give rise to a real right over the things owned in common.
CASE: Lavadia v. Cosme, 72 Phil. 196

Art. 1620
TO EXERCISE RIGHT OF LEGAL – A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or o
REDEMPTION
Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share

Chapter II. Real and Personal Rights Distinguished

Asked in 86
Art. 1088 – Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs m
Art. 1623 – The right of legal pre-emption or redemption shall not be exercised except within 30 days from the notice in
CASES: Mariano v. CA, 222 SCRA 736; Verdad v. CA, 256 SCRA 593; Reyes v. Judge Concepcion, 190 SCRA 171
Page 19 of 276

PERIOD FOR EXERCISE OF RIGHT OF REDEMPTION: Thirty (30) days from date of written notification of sale b
Without such written notification, the 30-day period does not start to run.
 RIGHTS OF EACH CO-OWNER…

TO ASK FOR PARTITION Art. 494 – No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partitio
Asked in 75, 81 Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be vali
A donor or testator may prohibit partition for a period which shall not exceed 20 years.
Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs as long as he expressly or impl

The principle is that as long as the co-ownership exists, anyone of the co-owners can ask for partition, or as to any co-owner the action

EXCEPTIONS TO THE RIGHT TO ASK FOR PARTITION:

When there is a stipulation against it (not more than ten years)

Chapter II. Real and Personal Rights Distinguished

2) When the condition of indivision is imposed by transferor (donor or testator), (not to exceed 20 years)
3) When the legal nature of the community prevents partition (party wall)
4) When partition is generally prohibited by law (e.g., absolute community of property, party wall)
5) When partition would render the thing unserviceable, or the thing in common is essentially indivisible. There can be no physical part

NOTE: Also, an action for partition will fail if acquisitive prescription has set in favor of a stranger to co-ownership or in favor of co-owne

Art. 494 par. 5 provides: No prescription shall run in favor of a co-owner or co-heir against his co-heirs as long as he expressly or implie

The co-owner’s possession of the property owned in common is not adverse to the rest of the co-owners. In order to be adverse, a) he
Page 20 of 276
 RIGHTS OF EACH CO-OWNER…

TO ASK FOR PARTITION EFFECTS OF PARTITION

Art. 1091 - A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him.
Art. 1092 - After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the qua
Art. 1093 - The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respect
Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial cond
Art. 543 - Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed th
Art. 499 - The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortg
Art. 500 - Upon partition, there shall be a mutual accounting for benefits received and reimbursements for expenses mad
Art. 501 - Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of
Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs

RIGHT OF CREDITORS OF INDIVIDUAL CO-OWNERS

Art. 497 – The creditors or assignees of the co-owners may take part in the division of the thing owned in common and o

Chapter II. Real and Personal Rights Distinguished

Page 21 of 276
 RIGHTS OF EACH CO-OWNER…
PROCEDURE IN JUDICIAL PARTITION
RULE 69, RULES OF COURT Nothing in this Rule contained shall be construed so as to
prejudice, defeat, or destroy the right or title of any person
TO ASK FOR PARTITION claiming the real estate involved by title under any other person,
or by title paramount to the title of the parties among whom the
partition may have been made; nor so as to restrict or prevent
persons holding real estate jointly or in common from making an
amicable partition thereof by agreement and suitable
A person files a complaint for action in partition in court, In the complaint, he mustofindicate
instruments the nature
conveyance and
without extent of
recourse to his title and
an action an adequate description
(Sec.
12).

If the court finds that the plaintiff has the right thereto, it shall order the partition of t

Before making such partition, the commissioners shall take If the parties are unable to If the parties agree, they

Chapter II. Real and Personal Rights Distinguished

and subscribe to an oath that they will faithfully perform their agree, the court shall appoint will make the partition
duties. The oath shall be filed in court with the other not more than three (3) among themselves by
proceedings in the case. In making the partition, the competent and disinterested proper instruments of
commissioners shall view and examine the real estate, after persons as commissioners to
due notice to the parties to attend at such view and make the partition,
conveyance, and the
examination, and shall hear the parties as to their preference commanding them to set off court shall confirm it
in the portion of the property to be set apart to them and the to the plaintiff and to each (Sec. 2).
comparative value thereof, and shall set apart the same to party in interest such part
the parties in lots or parcels as will be most advantageous and proportion of the The partition, together
and equitable, having due regard to the improvements, property as the court shall with the order of the
situation and quality of the different parts (Sec. 4). direct (Sec. 3). court confirming the
same, shall be recorded
in the registry of deeds
of the place in which the
When it is made to appear to the commissioners that the real estate, or a portion thereof, cannot property is situated (Sec.
Page 22 of 276

be divided without prejudice to the interests of the parties, the court may order it assigned to 2).
one of the parties willing to take the same, provided he pays to the other parties such amounts
as the commissioners deem equitable, unless one of the interested parties asks that the
property be sold instead of being so assigned, in which case the court shall order the The final order may be
commissioners to sell the real estate at public sale under such conditions and within such time
as the court may determine (Sec. 5).
appealed by any
aggrieved party (Sec. 2).
 The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the
assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court
shall serve copies thereof on all the interested parties with notice that they are allowed ten (10) days within which to file
objections to the findings of the report, if they so desire. No proceeding had before or conducted by the commissioners
shall pass the title to the property or bind the parties until the court shall have accepted the report of the commissioners
and rendered judgment thereon (Sec 6).

Upon the expiration of the period of ten (10) days, or even before the In an action for partition in accordance with this Rule,
expiration of such period but after the interested parties have filed their a party shall recover from another his just share of
objections to the report or their statement of agreement therewith, the rents and profits received by such other party from
court may, upon hearing, accept the report and render judgment in the real estate in question, and the judgment shall
accordance therewith; or, for cause shown, recommit the same to the include an allowance for such rents and profits (Sec
commissioners for further report of facts; or set aside the report and 8).
appoint new commissioners; or accept the report in part and reject it in
part; and may make such order and render such judgment as shall
effectuate a fair and just partition of the real estate, or of its value, if The court shall equitably tax and apportion between
or among the parties the costs and expenses which

Chapter II. Real and Personal Rights Distinguished

assigned or sold as above provided, between the several owners thereof
(Sec 7). accrue in the action, including the compensation of
the commissioners, having regard to the interests of
the parties, and execution may issue therefor as in
other cases.

NOTE: If actual partition of property is made, the judgment shall state definitely, by metes and
bounds and adequate description, the particular portion of the real estate assigned to each
party, and the effect of the judgment shall be to vest in each party to the action in severalty
The guardian or guardian ad
the portion of the real estate assigned to him. If the whole property is assigned to one of the
litem of a minor or person
parties upon his paying to the others the sum or sums ordered by the court, the judgment
judicially declared to be
shall state the fact of such payment and of the assignment of the real estate to the party
incompetent may, with the
making the payment, and the effect of the judgment shall be to vest in the party making the
approval of the court first had,
payment the whole of the real estate free from any interest on the part of the other parties to
do and perform on behalf of his
the action. If the property is sold and the sale confirmed by the court, the judgment shall
ward any act, matter, or thing
Page 23 of 276

state the name of the purchaser or purchasers and a definite description of the parcels of real
respecting the partition of real
estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate
estate, which the minor or
in the purchaser or purchasers making the payment or payments, free from the claims of any
person judicially declared to be
of the parties to the action. A certified copy of the judgment shall in either case be recorded
incompetent could do in
in the registry of deeds of the place in which the real estate is situated, and the expenses of
partition proceedings if he were
such recording shall be taxed as part of the costs of the action (Sec. 11).
of age or competent (Sec 9).
 SPECIAL RULES ON OWNERSHIP (CONDOMINIUM)

CONCEPT It is an interest in real property consisting of a separate interests in a unit in a residential, industrial or comme

ESSENTIAL REQUISITES • The provisions of RA No. 4726 shall apply to property divided or to be divided into condominium only if ther
a) Description of the land on which the building or buildings and improvements are to be located;
b) Description of the building or buildings, stating the number of storeys and basement, the number of units a
c) Description of the common areas and facilities;
d) A statement of the exact nature of the interest acquired or to be acquired by the purchased in the separate

Chapter II. Real and Personal Rights Distinguished

e) A certificate of the registered owner of the property, if he is other than those executing the master deed, a
Page 24 of 276
 ESSENTIAL REQUISITES f) The following plans shall be appended to the deed as integral parts thereof:
1. A survey plan of the land included in the project, unless a survey plan of the same property had previously
2. A diagrammatic floor plan of the building or buildings each unit, its relative location and approximate dime
g) Any reasonable restriction not contrary to law, morals, or public policy regarding the right of any condomin
h) The enabling or master deed may be amended or revoked upon registration of an instrument executed by

• Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include th

Chapter II. Real and Personal Rights Distinguished

Page 25 of 276
 INCIDENTS OF A CONDOMINUM
UnlessGRANT, RIGHTS
otherwise AND
expressly OBLIGATIONS
provided OF CONDOMINIUM
in the enabling OWNER
or master deed or the declaration of restrictions, the inci
a) the boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceiling, windows an
b) There shall pass with the unit, as an appurtenant thereof, an exclusive casement for the use of the air spac
c) Unless otherwise provided, the common areas are held in common by the holders of units, in equal share o
d) A non-exclusive easement for ingress, egress and support through the common areas in appurtenant to ea
e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refin
f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium
g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the mast

Chapter II. Real and Personal Rights Distinguished

Page 26 of 276
 The
DECLARATION OF RESTRICTIONS – owner of a project
Essentially shall,for
provides prior to the
rules conveyance
governing theof any condominium,
running register
of the common a declaration
areas, of restrictio
e.g. quorum of m

SPECIAL GROUNDS FOR PARTITION

a) That three years after damage or destruction to the project which renders material part thereof unit for its
b) That damage or destruction to the project has rendered one-half or more of the units therein untenantabl

Chapter II. Real and Personal Rights Distinguished

(d) That the project or a material part thereof has been condemned or expropriated and that the project is n
(e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly registered in
Page 27 of 276
 LEGAL IMPLICATIONS OF A CO-OWNER’S IDEAL SHARE

EACH CO-OWNER HAS To

THEshare
RIGHT
in the fruits and benefits.

To alienate, mortgage, or encumber and dispose of his ideal share (but in case ideal share is sold to a third per

To substitute another person in the enjoyment of the thing.

To renounce part of his interest to reimburse necessary expenses incurred by another co-owner (Art. 488)

Chapter II. Real and Personal Rights Distinguished

Limited to BY
EFFECT OF SUCH TRANSACTION hisEACH
share CO-OWNER
in the partition

Transferee does not acquire any specific portion of whole property until partition.

EXTINGUISHMENT OF CO-OWNERSHIP
TOTAL DESTRUCTIONMERGER
OF THING
OF ALL INTERESTS
ACQUISITIVE
IN ONE PRESCRIPTION
PERSON By a third person

By one co-owner as against the other co-ow

Page 28 of 276

1. Unequivocal acts of repudiation of co-ownership (acts amounting to ouster of other co-owners) known to other co-owners and shown
2. Open and adverse possession, not mere silent possession for the required period of extraordinary acquisitive prescription.
3. The presumption is that possession by co-owner is not adverse.
 POSSESSION
DEFINITION • It is the holding of a thing or the enjoyment of a right, whether by material occupation or by the fact th
Asked in 07 • It is a real right independent of and apart from ownership i.e., the right of possession (jus possessionis)

ESSENTIAL REQUISITES Holding or control of a thing or right (corpus) consists of either

The material or physical

Exercise of a right
Constructive holding

Intention to possess (animus possidendi)

Chapter II. Real and Personal Rights Distinguished

1st degree: Mere holding or possession without title whatsoever and in violation of the right of t
DEGREES OF HOLDING OR POSSESSION

2nd degree: Possession with juridical title but not that of ownership, e.g., possession of tenant,

3rd degree: Possession with just title or title sufficient to transfer ownership, but did not procee
Page 29 of 276

4th degree: Possession with just title from the true owner. The delivery of possession transfers
 CASES OF POSSESSION Possession for oneself or possession exercised in one’s own name, and possession in the name of another

Possession in the concept of an owner, and possession in the concept of a holder with the ownership belon

Possession in good faith (which happens when a person is not aware that there exists in his title or mode o
Mistake upon a doubtful or difficult question of law may be the basis of good faith (Art. 526).

WHAT THINGS OR RIGHTS MAY

Only
BEthings
POSSESSED?
or rights susceptible of appropriation may be the object of possession (Art. 530).

Chapter II. Real and Personal Rights Distinguished

WHAT THINGS OR RIGHTS MAY
Res
NOT
communes
BE POSSESSED?

Property of public dominion

Right under discontinuous and/or non-apparent easement

ACQUISITION OF POSSESSION
MATERIAL OCCUPATION OF THE THING
i) The doctrine of constructive possession
WAYS OF ACQUIRING POSSESSION (Art. constructive
ii) includes 531) delivery
Page 30 of 276

1. TRADITIO BREVI MANU (things already in transferee’s hands, e.g.,

under a contract of lease, then delivered under a sale)
2. TRADITIO CONSTITUTUM POSSESSORIUM (thing remains in transferor’s
hands, e.g., sale, then retained under a commodatum)
 ACQUISITION OF POSSESSION

WAYS OF ACQUIRING… B. SUBJECTION TO THE ACTION OF OUR WILL

i) Includes traditio longa manu and traditio simbolica

C. PROPER ACTS AND LEGAL FORMALITIES

Refers to the acquisition of possession by sufficient title, inter vivos or mortis causa, lucrative or onerou
Examples: Donations, succession (testate or intestate), contracts, judicial writs of possession, writ of ex

By same person; elements of personal acquisition

BY WHOM POSSESSION MAY BE ACQUIRED
By his legal representative
By his agent
By any person without any power whatsoever but subject to ratification, without prejudice to proper ca

Chapter II. Real and Personal Rights Distinguished

Qualifiedly, minors and incapacitated persons, but they should be assisted by their legal representative

WHAT DO NOT AFFECT POSSESSION (Arts.

Acts merely 537, 1119)
tolerated (Asked in 80)
Acts executed clandestinely and without the knowledge of the possessor
Acts by violence as long as possessor objects thereto, i.e., he files a case (Art. 537).

GENERAL RULE: Possession cannot be recognized in two different personalities, except in cases of co-po
RULES TO SOLVE CONFLICT In
OFcase of conflicting
POSSESSION (Art.possession,
538) preference is given to:
Present possessor or actual possessor
If there are two or more possessors, the one longer in possession
Page 31 of 276

If dates of possession are the same, the one who presents a title
If all conditions are equal, the thing shall be placed in judicial deposit pending determination of posses
 EFFECTS
EFFECTS OF POSSESSION

In general, every possessor has a right to be respected in his possession; if disturbed therein, possessor h
1. ACTIONS TO RECOVER POSSESSION
RIGHT TO BE RESPECTED IN HIS POSSESSION
i. Summary proceedings – forcible entry and unlawful detainer. Plaintiff may ask for writ of preliminary ma
ii. Acción publiciana (superior right of possession, not of ownership)
iii. Action for replevin (possession of movable property)
iv. Lawful possessor can also employ self-help (Art. 429).

FRUITS GATHERED OR SEVERED

ENTITLEMENT TO FRUITS

Chapter II. Real and Personal Rights Distinguished

Asked in 08 POSSESSOR IN GOOD FAITH – He makes the fruits his own until possession is legally interrupted (Art. 544).
POSSSESSOR IN BAD FAITH – He must pay not only for the fruits received but also those that the owner might h
B. FRUITS PENDING OR UNGATHERED BY
POSSESSOR IN GOOD FAITH TURNED BAD FAITH – is entitled to the following (Art. 545):
For natural or industrial fruits:
1. Prorating of cultivation expenses.
2. Prorating of net proceeds of the crop in proportion to the time of possession (on the basis of the agricultural
For civil fruits:
3. Prorating on daily basis of civil fruits and charges (includes all kinds of taxes, pensions for annuities, interest
4. Owner’s option: 1) To permit the possessor in good faith to finish cultivation and the collection of fruits in lie
POSSESSOR IN BAD FAITH – loses the pending fruits and the expenses of cultivation (Art. 449)
Page 32 of 276
 EFFECTS OF POSSESSION
NECESSARY EXPENSES (needed for the preservation of the property, without which the thing would physically dete
1. Any possessor (in good or in bad faith) is entitled to reimbursement (Art. 546).
REIMBURSE-MENT2.FOR Only the possessor in good faith is entitled to right of retention.
EXPENSES
N.B.:
Asked in 77, 78, 83, Taxes
84, are00
96, 99, charges, not necessary expenses (Cabigao v. Valencia, 53 Phil. 646).

USEFUL EXPENSES (increase the productivity or raise the value for every subsequent possessor, e.g., an irrigation
POSSESSOR IN GOOD FAITH - If owner chooses to acquire improvements, he must reimburse possessor the useful
Manner of reimbursement: the owner has the option to 1) pay the original cost of the improvement or 2) pay the in
But the possessor in good faith is entitled to 1) right of retention until paid or 2) to remove the improvements, if it
POSSESSOR IN BAD FAITH - He loses the improvements without reimbursement (Art. 449). Improvements made by

ORNAMENTAL (pure luxury or mere pleasure) EXPENSES (which add to the value of the thing only for certain types
POSSESSOR IN GOOD FAITH – He has no right to reimbursement. Possessor has option to remove if principal thing
POSSESSOR IN BAD FAITH – He has no right to reimbursement. But has limited right of removal, unless owner choo

D. USEFUL IMPROVEMENTS NO LONGER EXISTING – No reimbursement (Art. 553).

Chapter II. Real and Personal Rights Distinguished

E. NECESSARY EXPENSES – Even if unsuccessful or no longer existing, must be reimbursed.
F. IMPROVEMENTS DUE TO NATURE OR TO TIME – No reimbursement. They accrue to the benefit of the lawful poss
Page 33 of 276
 EFFECTS OF POSSESSION

RESPONSIBILITY FOR LOSS POSSESSOR IN GOOD FAITH – He is not liable for deterioration or loss unless acting with fraudulent inte
Asked in 77, 78, 83, 84, 96, POSSESSOR
99, 00 IN BAD FAITH – He answers for the loss or deterioration even if due to force majeure (Art. 5

IN THE CONCEPT OF OWNER• Possession may by lapse of time ripen into full ownership, subject to certain exceptions.
• Presumption of just title and possessor cannot be obliged to show or prove it (Art. 541); exception (Ar
• Possessor may bring all actions necessary to protect his possession except acción reivindicatoria.
• May employ self-help under Art. 429, if a lawful possessor
• Possessor may ask for inscription of such real right of possession in the Registry of Property.
• Has right to the fruits and reimbursement of expenses (assuming he is a possessor in good faith)
• Upon recovery of possession of which he has been unlawfully deprived he may demand the fruits and

Chapter II. Real and Personal Rights Distinguished

• Generally, he can do on the things possessed everything that the law authorizes an owner to do until
• Possession in good faith and possession in bad faith (Art. 528). Mistake upon a doubtful or difficult qu

POSSESSION OF MOVABLE ACQUIRED IN GOOD FAITH IS EQUIVALENT TO TITLE

• Possessor has actual title which is defeasible only by true owner
• One who has lost a movable or has been unlawfully deprived thereof may recover it without reimburs
Page 34 of 276
 PRESUMPTIONS IN FAVOR OF POSSESSOR

Party
GOOD FAITH UNTIL CONTRARY IS who alleges
PROVED bad
(Art. faith must prove it.
527).

Art.FAITH
CONTINUITY OF INITIAL GOOD 528 – Possession acquired in good faith does not lose his character except in the case and from the

ENJOYMENT OF POSSESSIONArt. 529 –CHARACTER

IN SAME It is presumed that possession continues to be enjoyed in the same character in which it was

Chapter II. Real and Personal Rights Distinguished

NON-INTERRUPTION OF POSSESSION
Art. 554 – A possessor who shows his possession at some previous time is presumed to have held posse

CONTINUITY OF POSSESSION
Art. 1138 par. 2 – It is presumed that the present possessor who was also the possessor at a previous ti
Page 35 of 276

TACKING OF POSSESSION Art. 1138 par. 1 – The present possessor may complete the period necessary for prescription by tacking
 PRESUMPTIONS IN FAVOR OF POSSESSOR

• Extension
OTHER PRESUMPTIONS WITH RESPECTofTO possession of real property
SPECIFIC PROPERTIES OF to all movables
PROPERTY RIGHTScontained therein so long as it is not shown
• Non-interruption of possession of hereditary property (Arts. 533 and 1078)
• Just title in favor of possessor in concept of owner (Art. 541, but see Art. 1131)

LOSS OF POSSESSION

ABANDONMENT It is the loss of hope and intent to recover the thing.

Chapter II. Real and Personal Rights Distinguished

It may be onerous or gratuitous.
ASSIGNMENT TO ANOTHER

DESTRUCTION, TOTAL LOSS OR THING GOES OUT OF COMMERCE

But Art. 537 provides: Acts merely tolerated, and those executed clandestinely and without the
• Tolerance means permission. Silence or inaction is not tolerance but negligence and will not b
POSSESSION BY ANOTHER, IF POSSESSION HAS LASTED MORE THAN A YEAR, REAL RIGHT OF POSSESSION NOT LOST UNTIL AFT
EFFECT OF RECOVERY: The possessor who recovers possession is considered as having had uni
Page 36 of 276
 QUIETING OF TITLE

DEFINITION An action to quiet the title to property or to remove a cloud thereon is a remedy or form of proceeding o

An action
DIFFERENCES BETWEEN ACTION to quiet
TO QUIET title,AND
TITLE strictly considered,
ACTION is substantially
TO REMOVE A CLOUD an action
OR TOfor the purpose
PREVENT of putting an end to
A CLOUD

An action to remove cloud is intended to procure the cancellation, delivery of, release of an instrument,

Chapter II. Real and Personal Rights Distinguished

In an action to quiet title, plaintiff asserts his own estate and declares generally that defendant claims so

In a suit to remove cloud, plaintiff not only declares his own title, but also avers the source and nature o
Page 37 of 276

PRESCRIPTION OF ACTION
Imprescriptible if plaintiff is in possession; if not, prescribes within period for filing accion publiciana, acc
 WHO ARE ENTITLED TO BRING
AnACTION?
action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom,

NOTES:

1. There is a cloud on title to real property or any interest to real property (Art. 476).

2. Plaintiff has legal or equitable title to or interest in the subject/real property.

3. Instrument record claim, etc. must be valid and binding on its face but in truth and in fact invalid, ineff

4. Plaintiff must return benefits received form defendant.

Chapter II. Real and Personal Rights Distinguished

Page 38 of 276
 USUFRUCT
It is a real right, temporary in character, that authorizes the holder to enjoy all advantages derived from a n
DEFINITION

CHARACTERISTICS • Real right

• Temporary duration
• Derivation of all advantages from the thing due to normal exploitation

COMPARED WITH SERVITUDES

AS TO THE OBJECT Usufruct may involve real or personal property whether corporeal or incorporeal; servitud

BY THE EXTENT OF ENJOYMENT

Usufruct covers all the uses of a thing; servitudes are limited to a particular use.

Chapter II. Real and Personal Rights Distinguished

Usufruct is always a real right; lease may create a real or quasi-real right (if recorded in r
BY THE NATURE OF THE RIGHT

COMPARED WITH LEASE

BY THE CREATOR OF THE RIGHT
The person constituting the usufruct must be the owner; he who constitutes a lease need

Usufruct involves a more or less passive owner who allows the usufructuary to enjoy the
BY THE CAUSE

BY THE EXTENT OF ENJOYMENT

Usufruct generally covers all the utility of which the thing is capable; lease generally cove
Page 39 of 276

BY ITS ORIGIN Usufruct may be created by law, stipulation or by prescription; lease may only be created

AS REGARDS REPAIRS ANDATAXES

usufructuary pays for ordinary repairs on property (capital) held in usufruct and taxes o
 CLASSES Voluntary Inter vivos a) by alienation of the usufruct (Art. 1403 par. 2 e)
b) by retention of the usufruct (alienation of naked ownership)
2. Mortis causa NOTE: Where a usufruct is constituted inter vivos and for valuable consideration, the con

BY ORIGIN

Legal The usufruct of parents over the property of their children (Art. 321 CC); Compare with effect of Art. 226

MIxed Usufruct acquired by prescription.

BY PERSON ENJOYING RIGHT

SimpleOF USUFRUCT
One usufructuary enjoys it. Simultaneous Usufructs constituted in this manner can n

Several usufructuary enjoy it. Successive

Chapter II. Real and Personal Rights Distinguished

Multiple

IN DONATION: Ownership of property may be donated to one person and the usufruct to another or others, provided all the donees are livin
2. IN TESTAMENTARY SUCCESSION: If the testator gives a usufruct to various persons successively, the provisions on FIDEICOMMISSARY SUB

Rights
BY OBJECT OF USUFRUCT These should not be personal or intransmissible in character (Art. 564)

Things Normal Usufructuary preserves form and substance of thing in usufruct and returns sam
Page 40 of 276

Abnormal, Irregular Usufructuary may consume or alienate property but returns either appraised va
 CLASSES Involving all the fruits of a thing.
Total

BY THE EXTENT OF THE

Fruits
USUFRUCT Partial Involving a part only (Art. 564).

Constituted over a universal property, e.g. the entire patrimony of a per

Object Universal

Singular Constituted over individual things or rights.

BY THE TERMS OF THE USUFRUCT

Pure Conditional With a term (period) (Art. 564)

BUNDLE OF RIGHTS GIVEN TO USUFRUCTUARY

Chapter II. Real and Personal Rights Distinguished

Jus Utendi Jus Fruendi Jus Possidendi Jus Abutendi and Jus Disponendi (Only in abnormal usufructs)

SUBJECT MATTER OF REAL RIGHTS

Real (immovable) or Personal (movable); Corporeal or Incorporeal

RIGHTS OF USUFRUCTUARY • Fruit consists of natural, industrial and civil fruits.

Asked in 96 • As to hidden treasure, usufructuary is considered a stranger (Art. 566); he is entitled to half of it as a
• Fruits pending at the beginning of usufruct belong to the usufructuary, without reimbursement of expe
• Fruits pending at its termination belong to the owner. The owner shall reimburse to the usufructuary o
• Civil fruits accrue daily and are prorated according to time (Arts. 569, 568). There is no prorating of na
AS TO THE THING ANDPossession
ITS FRUIT and Enjoyment
• To enjoy any increase through accessions and servitudes, including products of hunting and fishing (Ar
Page 41 of 276
 RIGHTS OF USUFRUCTUARY
Asked in 96

AS TO THE THING AND Right to lease the thing

ITS FRUITS (except in: the lease should be for the same (or shorter) period as usufruct. The end of the usufru
• Ordinarily,
purely personal usufructs;
• The usufructuary, not the naked owner, has the right to choose the tenant (Fable v. David, 75 Ph
title creating it prohibits;
• But the usufructuary answers for the lessee’s injurious acts (Art. 590).
usufructuary takes possession under a caucion
• The usufructuary juratoria)
may make on the property held in usufruct such useful improvements or expen

AS TO THE LEGAL RIGHT OF to

USUFRUCT
mortgage ITSELF

Chapter II. Real and Personal Rights Distinguished

Right the right of usufruct
(Art. 572)

Right to alienate the usufruct

Except in purely personal usufructs, or when title constituting it prohibits the same, or he take

AT THE BEGINNING OF THE

RIGHTS OF THE NAKED OWNER See
USUFRUCT
Obligations of Usufructuary at the Beginning of Usufruct
Asked in 96

DURING THE USUFRUCT 1. Retention of title to the thing or property

2. Alienation of the property
Page 42 of 276

EXCEPTIONS: a) No alteration of form or substance of the thing

b) No action prejudicial to the usufructuary (Art. 581)
3. Construction of buildings, addition of improvements and plantings
PROVIDED: a) the value of the usufruct is not impaired
b) rights of the usufructuary are not prejudiced.
 OBLIGATIONS OF USUFRUCTUARY
Asked in 96
1. Requisites of Inventory: a) condition of immovables must be described.
b) Movables must be appraised.
AT THE BEGINNING OF To
THEmake an inventory
USUFRUCT EXCEPTIONS:
OR BEFORE i. No one will be injured thereby (Art. 585). ii. Title constituting usufruct excused th
ITS EXERCISE
2. Form: Any form except when immovables are involved, when a public instrument is prescribed
3. Failure to make inventory: Usufructuary is presumed to have taken possession of thing in usufr

EXCEPTIONS:
To give a bond for the faithful i. No one will
performance be prejudiced
of duties (Art. 585) ii. Usufruct is reserved by donor (Art. 584). iii. Title constituting usufruct
as usufructuary

If Caución juratoria is available, the usufructuary claims necessary furniture, a dwelling for himself and his family, implem
He executes an affidavit under oath to take care of the things and restore them (Art. 587)

Chapter II. Real and Personal Rights Distinguished

EFFECT: He cannot assign the right of usufruct nor lease the thing under usufruct.

1. Effect of filing a bond: Usufructuary is entitled to possession of thing given in usufruct. The usufructuary is entitled to all the fruits
2. Effect of failure to give bond:
A. The owner shall have the following options: a) Receivership of realty, sale of movables, deposit of securities, or investment of mo
B. The net product (fruits) less administration expenses, fixed by agreement or by the Court, shall be
delivered to the usufructuary.
C. The usufructuary can not collect credits due, or make investments of the capital without the consent of
the owner or of the Court (Art. 599) until the bond is given.
Page 43 of 276

DURING THE USUFRUCT

To take care of the thing as 1.
a When
good father of the
damages arefamily
caused(Art. 589).
to the property by the fault or negligence of the usufructuary, the n
2. Abusive acts entitle the owner to demand its administration, subject to the usufruct (Art. 610).
 OBLIGATIONS OF USUFRUCTUARY
Asked in 96
• Ordinary repairs are those required by the wear and tear suffered by the thing in usufruct due t
• If the usufructuary fails to make ordinary repairs, the owner may, after demand, make them at
To undertake ordinary repairs (Art. 592).
DURING THE USUFRUCT

• Extraordinary repairs are 1) those required by exceptional circumstances, whether or not neces
To notify owner of need to undertake
• If nakedextraordinary repairs
owner undertakes (Art. 593). repairs, legal interest must be paid by the usufructuar
extraordinary
• Extraordinary repairs may be made by the usufructuary (if indispensable and the owner fails) bu
end of the usufruct (Art. 594 par. 2) and b) He may retain the property until he is reimbursed (A

To answer for fault or negligence of alienee, lessee or agent of usufructuary (Art. 590).

Chapter II. Real and Personal Rights Distinguished

HOWEVER,
To pay for annual charges and taxes on the
the naked owner
fruits (Art. pays taxes directly on the capital, includes real estate taxes
596).
• IF paid by the OWNER, he is entitled to interest on the payment (Art. 597).
• IF paid by the USUFRUCTUARY, the latter is entitled to reimbursement at termination, with a rig

To notify owner of any act detrimental to ownership (Art. 601).

If he fails to do so, he shall be liable for damages, as if they had been caused through his fault (Ar

To shoulder the costs of litigation re usufruct (Art. 602).

Page 44 of 276

AT TERMINATION OF USUFRUCT To deliver the thing given in usufruct to naked owner, now full owner, in the condition he receive
 SPECIAL CASES OF USUFRUCT

• Each payment shall be considered as fruits.

• The distribution of benefits (dividends) of industrial or commercial enterprises shall also be deemed fruits. Dividends declared by a stock
USUFRUCT OVER A PENSION OR PERIODICALshall
• Apportionment INCOME
be on(Art.
the 570)
basis of the ordinary rules governing civil fruits i.e., civil fruits accrue daily

• The usufructuary takes over the owner’s place as to 1. MANAGEMENT, 2. FRUITS and 3. INTEREST.
USUFRUCT OF PROPERTY OWNED IN COMMON (Art. 582)
• After partition, the usufruct is transferred to the part allotted to the owner for the entire period alloted to the usufruct.

• On STERILE stock: the same rules on fungible property govern

• On FRUITFUL stock: 1. Replace the animals that die from natural causes or rapacity of beasts of prey with the young. 2. I
USUFRUCT OF HEADS OF CATTLE (Art. 591)

Chapter II. Real and Personal Rights Distinguished

If woodland is a copse or consists of timber for building: usufructuary may do ordinary cutting or felling as the owner was in the habit of doi
In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow ( Ar
• May apply to tree plantations in private lands, not to woodlands in forests or public lands.
USUFRUCT OVER VINEYARDS AND
• This is WOODLANDS
rarely applied(Art. 577) of the Constitution’s Regalian doctrine and provisions of FTAs with DENR.
because
• The usufructuary follow the owner’s practices and if none, the custom of the place should be observed.

Usufructuary
USUFRUCT OVER FRUIT-BEARING TREES has right to the
OR SHRUBS fruits
( Art. produced
575-576)
Right to make use of dead trunks and those cut off or uprooted by accident, under the obligation to replace them with new
If a considerable number of trees or shrubs shall have disappeared because of a calamity/extraordinary event, and replac
Page 45 of 276

USUFRUCT ON A RIGHT OF ACTION (Art. 578)

• Usufructuary may compel the owner to support the action with the proofs he may have.
• After the property is recovered, the usufruct is upon the thing thus recovered.
 SPECIAL CASES OF USUFRUCT

USUFRUCT ON MORTGAGED PROPERY (Art. 600)

• The owner is liable for damages in case of foreclosure.
• The usufructuary is not liable for mortgage debts.

GENERAL RULE: If at the time of constitution, owner has debts, the usufructuary is not liable for the owner’s debts if there is n
However, when it is so stipulated: i) The usufructuary shall be liable for debts previously contracted and
USUFRUCT OVER AN ENTIRE PATRIMONY
specified; (Arts. 598, 758, 759)
ii) if there is no specification, he is liable only for incurred by the owner
before the usufruct was constituted and
iii) only up to extent of value of usufruct

Chapter II. Real and Personal Rights Distinguished

USUFRUCT OVER DETERIORABLE
• The usufructuary
PROPERTY (Art.
may573)
use it in accordance with the purpose intended.
• He is not obliged to return the thing except in its condition at the termination of the usufruct after undertaking ordinary rep
• The usufructuary must indemnify the owner for deterioration due to the former’s fraud or negligence.

• If PROPERTY
USUFRUCT OF CONSUMABLE the things were appraised USUFRUCT
OR ABNORMAL at delivery, the usufructuary must pay their appraised value at the termination of the usufruct.
(Art. 574) • If they are not appraised, he must return the same kind and quality or pay the current price at the expiration of the usufruc
• In reality, the nature of the transaction is that of simple loan.
Page 46 of 276
 EXTINGUISHMENT OF USUFRUCT
Asked in 77, 78, 89

Applicable to life usufructs or there is no resolutory condition or period for usufruct

DEATH OF USUFRUCTUARY
• For simultaneous usufructs, It ends at the death of the last survivor. (Art. 611)
EXCEPTION: When a contrary intention clearly appears (Art. 603).

• In
EXPIRATION OF THE PERIOD ORfavor of juridicalOF
FULFILLMENT persons, the period cannot
THE RESOLUTORY exceed 50 years (Art. 605).
CONDITION
• The period and resolutory condition must be recorded to prejudice strangers.
• If usufruct is granted until a third person attains a certain age, e.g. until the 30th birthday of usufructuary’s son, usufruct

MERGER OF RIGHTS OF USUFRUCT AND NAKED OWNERSHIP IN ONE PERSON

Chapter II. Real and Personal Rights Distinguished

• It must be express and does not need the owner’s consent.
RENUNCIATION OF USUFRUCT
• If made in fraud of creditors, the waiver may be rescinded by them through action under Art. 1381.
• If the right of usufruct is mortgaged, the mortgage lasts until its payment, or the expiration of the period of usufruct.

TERMINATION OF RIGHT OF PERSON CONSTITUTING THE USUFRUCT

Page 47 of 276

e.g. Usufruct constituted by a vendee a retro terminates upon redemption.

 EXTINGUISHMENT OF USUFRUCT
• If destroyed property is insured before the termination of the usufruct (Art. 608)
1. When insurance premium paid by owner and usufructuary (Art. 608 par. 1)
a) If PROPERTY
EXTINCTION OR LOSS OF THE owner rebuilds, usufruct subsists on new building
b) If owner does not rebuild interest upon insurance proceeds paid to usufructuary.
2. When the insurance taken by owner only because usufructuary refuses (Art. 608 par. 2)
a) Owner entitled to insurance money (No interest paid to usufructuary).
b) If he does not rebuild, usufruct continues over remaining land and/or owner may pay
interest on value of both (Art. 607).
c) If owner rebuilds, usufruct does not continue on new building, but owner must pay interest
on value of land and old materials.
3. When insurance taken by usufructuary only depends on value of usufructuary’s insurable interest (not provided for in
a) Insurance proceeds to usufructuary
b) No obligation to rebuild
c) Usufruct continues on the land
d) Owner does not share in insurance proceeds
• If destroyed property is not insured (Art. 607)
1. If building forms part of an immovable under usufruct

Chapter II. Real and Personal Rights Distinguished

a) The usufruct continues over the land and the remaining materials.
2. If the usufruct is on the building only
a) If the owner does not rebuild, the usufruct continues over the land and remaining materials.
b), If the owner rebuilds, usufructuary must allow owner to occupy the land and to make use of
materials; but the owner must pay interest on the value of both the land and the materials.

CASES COVERED: 1. If third party acquires ownership of thing

PRESCRIPTION 2. Property in usufruct or right of ownership lost through prescription
3. Right of usufruct not begun within prescriptive period
4. Tacit abandonment
5. Non-user of thing held in usufruct for the required period
Page 48 of 276

Expropriation of thing in usufruct (Art. 609)

Bad use of thing in usufruct (Art. 610)
WHAT DO NOT CAUSE EXTINGUISHMENT
Usufruct over a building (Art. 607, 608)
 ACCESSION
DEFINITION It is the extension of ownership over a thing to whatever is produced by something or incorporated or a

GENERAL PRINCIPLES OF ACCESSION applicable to both accession continua and accession discreta
Asked in 89 Accessory follows the principal. (The owner of the principal also owns the accessions.)

No one shall be unjustly enriched at the expense of another.

The owner of the principal thing owns the fruits, except in:
1) Possession in good faith
2) In usufruct
3) In lease

Chapter II. Real and Personal Rights Distinguished

APPLICABLE TO accession discreta4)only
In antichresis

Whatever is built, planted or sown on the land of another, and the improvements or repairs mad

All works, sowing and planting are presumed made by owner and at his expense, unless the con
APPLICABLE TO accession continua alone (Asked in 89)

Bad faith of one party neutralizes bad faith of the other (Art. 453 par. 1).
Page 49 of 276

Bad faith involves liability for damages and other dire consequences (Art 451).

Accessory is incorporated to the principal such that it cannot be separated therefrom without da
 By internal forces (fruits)
KINDS:
CLASSIFICATION OF ACCESSION DISCRETA
NATURAL – spontaneous products of soil and the young and other product
INDUSTRIAL – produced by lands of any kind through cultivation or labor (A
CIVIL – rents of buildings, leases of lands, life annuities and similar income

CONTINUA By external forces (by incorporation or attachment.)

ACCESSION CONTINUA

ARTIFICIAL OR INDUSTRIAL BUILDING, PLANTING, SOWING (BPS)

Chapter II. Real and Personal Rights Distinguished

OVER IMMOVABLES THREE SITUATIONS OF BPS
• Landowner is the BPS but uses materials owned by another – Art. 447
• BPS is not the owner of the land but BPS owns the materials – Arts. 448 – 454
• BPS is not the owner of both the land and materials – Art. 455

OVER MOVABLES THREE TYPES:

• CONJUNCTION and ADJUNCTION (Process where 2 movables belonging to different owners are attached to each other to
• COMMIXTION (Solids) and CONFUSION (liquids and gases)
• SPECIFICATION ( Transforming/Giving of a new form to another’s material through labor)

WHO IS THE BPS? IN WHICH SITUATIONS

See THEY
Coleongco v. ARE INAPPLICABLE?
Regalado (92 Phil. 87) – The rules on BPS are inapplicable if the owner of land himself is the
Page 50 of 276
 MAIN INSTANCES OF BPS
Asked in 84, 87, 92, 99, 00, 01

A. BOTH LO AND BPS IN GOOD FAITH

Apply Art. 448: The owner of the land on which anything has been built, sown or planted in good faith, shall have the ri

OPTIONS OF RIGHTS AND OBLIGATIONS OF BPS

THE
LANDOWNER
ACQUIRE BPS RIGHT OF RETENTION UNTIL BPS IS PAID

Chapter II. Real and Personal Rights Distinguished

Right to remain in possession
Right not to pay rental for use of land
No right to fruits; duty to account for fruits (Ortiz vs. Kayanan, 92 SCRA 146)
RIGHT TO DEMAND PAYMENT FOR VALUE OF BPS depending on whether the building, planting or
sowing is the result of a necessary, useful, or ornamental expense (Art. 546, 548)

SELL THE LAND BP MAY REFUSE TO BUY LAND IF VALUE OF LAND IS CONSIDERABLY MORE THAN BP
TO THE BP; LEASE Parties must then agree on terms of lease, if the LO does not wish to appropriate. If they cannot agree, the court
THE LAND TO THE will set the terms (Depra vs. Dumlao, 136 SCRA 475)
SOWER BP MUST BUY LAND IF ITS VALUE IS NOT CONSIDERABLY MORE THAN BP. IF BP REFUSES TO PAY:
1. BP loses right of retention;
2. Land and BP may be sold at public auction (Bernardo vs. Bataclan, 66 Phil 598);
3. Removal of BP (Ignacio vs. Hilario, 76 Phil. 605)
Nota Bene.: LO cannot refuse to choose. But what if he does not choose?
Page 51 of 276

Implied option: If BPS can be removed without damage or injury, they can be separated
 B. BPS IN BAD FAITH; LO Apply Arts.FAITH
IN GOOD 449 – 452.
Art. 449. He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right
Art. 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition
Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.
Art. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation

Chapter II. Real and Personal Rights Distinguished

Options of the Landowner Rights and Obligations of BPS

Acquire BPS without payment of indemnity (Art. 449) Reimbursement for necessary expenses without any
right of retention

Removal/Demolition of BPS Spend for Removal

Require Builder/Planter to buy land; Lease land to No right to refuse even if value of land is considerably
Sower more than Building/Planting

Demand damages in addition to exercising three Pay for damages

abovementioned options
Page 52 of 276

Require BPS to account for value of fruits received or Right to deduct expenses for production, gathering and
fruits LO could have received had he been in preservation of fruits (Art. 443)
possession (Art. 549)
 MAIN INSTANCES OF BPS

Apply Arts. 454 and 447. Art. 454 provides that the provisions of article 447 shall apply.
C. LO IN BAD FAITH; BPS INArt.
GOOD447.FAITH
The owner of the land who makes thereon, personally or through another, plantings, construction

OPTIONS OF LO RIGHTS AND OBLIGATIONS OF BPS

Chapter II. Real and Personal Rights Distinguished

REQUIRE PAYMENT FOR MATERIALS PAY FOR MATERIALS
REMOVE MATERIALS LO CANNOT REFUSE EVEN IF IT WILL CAUSE
INJURY OR DAMAGE TO LAND

DEMAND DAMAGES IN ADDITION TO PAY FOR DAMAGES

EXERCISING OPTION 1 OR 2

D. BOTH BPS AND LO IN BAD

The rights
FAITH of both shall be the same as if both had acted in good faith. (Art. 453, 1st par.) See options in par
Page 53 of 276
 OPTIONS OF RIGHTS AND OBLIGATIONS OF BPS
THE
LANDOWNER
ACQUIRE BPS RIGHT OF RETENTION UNTIL BPS IS PAID
Right to remain in possession
Right not to pay rental for use of land
No right to fruits; duty to account for fruits (Ortiz vs. Kayanan, 92 SCRA 146)
RIGHT TO DEMAND PAYMENT FOR VALUE OF BPS

SELL THE LAND BP MAY REFUSE TO BUY LAND IF VALUE OF LAND IS CONSIDERABLY MORE THAN BP
TO THE BP; LEASE Parties must then agree on terms of lease, if the LO does not wish to appropriate. If they cannot agree,
THE LAND TO THE the court will set the terms (Depra vs. Dumlao, 136 SCRA 475)
SOWER BP MUST BUY LAND IF ITS VALUE IS NOT CONSIDERABLY MORE THAN BP. IF BP REFUSES TO PAY:
1. BP loses right of retention;

Chapter II. Real and Personal Rights Distinguished

2. Land and BP may be sold at public auction (Bernardo vs. Bataclan, 66 Phil 598);
3. Removal of BP (Ignacio vs. Hilario, 76 Phil. 605)

Nota Bene.: LO cannot refuse to choose. But what if he does not choose?

SUPREME COURT GUIDELINES IN APPLYING

Depra ART.
v. Dumlao 136 448475 and reiterated in Technogas Phils. Manufacturing Corp. v. CA 286 SCRA 5 (se
SCRA

DISCUSSION OF SUPREME COURT

IgnacioDECISIONS
v. Hilario 76 ON
Phil.BPS
605
Page 54 of 276

Pecson v. CA 244 SCRA 407

Coleongco v. Regalado 92 Phil. 87
Sarmiento v. Agana 129 SCRA 122
Geminiano v. CA 259 SCRA 344
Pleasantville Dev’t Corp. v. CA 253 SCRA 10 (see appendix)
 EASEMENT OR SERVITUDES
DEFINITION Easements or real servitudes is a real right which burdens a thing with a prestation consisting of determinat

ESSENTIAL FEATURES OF EASEMENTS/

It is a real
REAL right
SERVITUDES/
i.e., it gives action
PRAEDIAL
in rem
SERVITUDES
or real action against any possessor of servient estate.

It is a right enjoyed over another ‘s property (jus in re aliena) i.e., it cannot exist in one’s own prop

Chapter II. Real and Personal Rights Distinguished

It is a right constituted over an immovable by nature (land and buildings), not over movables.

It limits the servient owner’s right of ownership for the benefit of the dominant estate. The right gi

It creates a relation between tenements, relation between dominant and servient estate

It cannot consist in requiring the owner of the servient estate to do an act (servitus in non faciend
Page 55 of 276

It is inherent or inseparable from the estate to which they actively or passively belong (Art. 617).
 ESSENTIAL FEATURES… Generally, it may consist in the owner of the dominant estate demanding that the owner of the se

It is intransmissible, i.e., it cannot be alienated separately from the tenement affected or benefite

It is indivisible (Art. 616).

It has permanence or is perpetual, i.e., once it attaches, whether used or not, it continues and ma

CLASSIFICATION

Chapter II. Real and Personal Rights Distinguished

Asked in 77, 95, 98
• Real or Praedial – Imposed on a tenement for the benefit of another tenement of a different owner
• Personal (Art. 614) – Imposed for the benefit of a person or community to whom the servient estate does
N.B. Under Roman Law, usufruct, together with usus, habitatio and operae servorum, were classified as per
AS TO RECIPIENT OF BENEFITS

AS TO CAUSE OR ORIGIN
• Legal, whether for public use or for the interest of private persons (Art. 634).
• Voluntary
• Mixed (created by prescription)
AS TO ITS EXERCISE (Art. 615)

• Continuous – Use is or may be incessant without intervention of any act of man. (Art. 615, (2))
Page 56 of 276

• Discontinuous – Depends upon acts of man, and their use is at long or short intervals (e.g. right of way) (A
 CLASSIFICATION

AS INDICATION OF ITS EXISTENCE

• Apparent – Made known and continually kept in view by external signs which reveal its use and enjoyment (Art. 615, 4t
• Non-apparent – No external sign of existence (Art. 615, 5th par.)

BY THE OBJECT OR OBLIGATION IMPOSED

• Positive (Art. 616)
• Negative (Prescription starts to run from service of notarial prohibition)

1) No one can have a servitude over his own property (nulli res sua servit).
GENERAL RULES RELATING TO SERVITUDES
2) A servitude cannot consist in doing (servitus in faciendo consistere nequit).
3) There cannot be a servitude over another servitude (servitus servitutues esse non potest).
4) A servitude must be exercised civiliter, i.e., in a way least burdensome to the owner of the land.

Chapter II. Real and Personal Rights Distinguished

5) A servitude must have a perpetual cause.

MODES OF ACQUIRING EASEMENTS

Asked in 88

All easements may be created by title or something equivalent to a title.

If easement has been acquired but no document or proof of showing origin of easement is available and easem
BY TITLE – JURIDICAL ACT (e.g. law, donations, contracts or wills)
• It may be cured by deed of recognition by owner of servient estate or
• By final judgment (Art. 623)
• Existence of an apparent sign considered a title (Art. 624).
Page 57 of 276

BY PRESCRIPTION Only continuous and apparent easements may be created by prescription.

 RIGHTS AND OBLIGATIONS OF OWNERS OF DOMINANT AND SERVIENT ESTATES

• To use
RIGHT OF OWNER OF DOMINANT the easement (Art. 626) and exercise all rights necessary for its use (Art. 625).
ESTATE
• To do at his expense, all necessary works for the use and preservation of the easement (Art. 627).
• In a right of way, to ask for a change in width of easement sufficient for the needs of the dominant estate (Art. 651).

OBLIGATIONS OF THE OWNER

• ToOF
use
DOMINANT
the easement
ESTATE
for benefit of immovable and in the manner originally established (Art. 626).
• To notify owner of servient estate before making repairs and to make repairs in a manner least inconvenient to servien
• Not to alter easement or render it more burdensome (Art. 627).

Chapter II. Real and Personal Rights Distinguished

• To contribute to expenses of works necessary for use and preservation of the easement, if there are several dominant e

• To retain
RIGHT OF OWNER OF SERVIENT ESTATE ownership and use of his property (Art. 630).
• To change the place and manner of using the easement (Art. 629 par. 2).

OBLIGATIONS OF THE OWNER OF to

• Not SERVIENT
impair ESTATE
the use of the easement (Art. 628 par. 1).
• To contribute proportionately to the expenses if he uses the easement (Art. 628 par. 2).
Page 58 of 276
 MODES OF EXTINGUISHMENT OF EASEMENTS

MERGER Must be absolute, perfect and definite – not merely temporary.

a) COMPUTATION OF THE PERIOD

BY NON-USE FOR 10 YEARS
• Discontinuous easements: Counted from the day they ceased to be used.
• Continuous easements: Counted from the day an act adverse to the exercise took place.
b) The use by a co-owner of the dominant estate bars prescription with respect to the others (Art. 633).
c) Servtitudes not yet exercised cannot be extinguished by non-user.
BY IMPOSSIBILITY OF USE

Chapter II. Real and Personal Rights Distinguished

EXPIRATION OF THE TERM OR FULFILLMENT OF RESOLUTORY CONDITION

Must be
RENUNCIATION OF THE OWNER OF specific,
DOMINANT clear and express (as distinguished from non-user).
ESTATE

REDEMPTION AGREED UPON BY OWNERS

a) Annulment or rescission of the title constituting the easement
Page 59 of 276

b) Termination of the right of grantor

c) Abandonment of the servient estate
d) Eminent
OTHER CAUSES NOT IN ART. 631 domain
e) Special cause for extinction of legal rights of way; if right of way no longer necessary
 LEGAL EASEMENTS

LAW GOVERNING LEGAL PUBLIC

EASEMENTS
EASEMENTS
Special laws and regulations relating thereto e.g., PD 1067, PD 705
By the provisions of Chapter 2, Title VII, Book II of the Civil Code

PRIVATE LEGAL EASEMENTS

By agreement of the interested parties whenever the law does not prohibit it and no injury is suffered by a th
By the provisions of Chapter 2, Title VII, Book II of the Civil Code

PRIVATE LEGAL EASEMENTS

a) Those
IN CIVIL
established
CODE for the use of water or easements relating to waters (Arts. 637 – 648).

Chapter II. Real and Personal Rights Distinguished

• Natural drainage of waters (Art. 637)
• Easements on lands along riverbanks (Art. 638, see Water Code)
• Abutment of a dam (Art. 639)
• Aqueduct (Arts. 642 – 646)
• Drawing waters and watering animals (Art. 640)
• Stop lock or sluice gate (Art. 649)
b) Easement of right of way (Arts. 649-657).
c) Easement of party wall (Arts. 658 – 666)
d) Easement of light and view (Arts. 667 – 673)
e) Easement of drainage of buildings (Arts 674 – 676)
f) Easement of distance for certain constructions and plantings (Arts. 677 – 681)
g) Easement against nuisances (Art. 682 – 683)
h) Easement of lateral and subjacent support (Arts. 684 – 687)
Page 60 of 276
 PRIVATE LEGAL EASEMENTS

EASEMENTS ESTABLISHED FOR THE USE OF WATER OR EASEMENTS RELATING TO WATERS

Lower estates are obliged to receive the waters which naturally and without intervention of man descend from hi
NATURAL DRAINAGE OF LANDS

A river bank within a zone of 3 meters along the bank is subject to the easement for public use in the interest of
EASEMENTS ON LANDS ALONG
Banks RIVERBANKS
of navigable rivers are also subject to the easement of towpath. (Art. 638 2nd par.)
Indemnity must be paid if private land is occupied (Art. 638 3rd par.)

Whenever
EASEMENT OF ABUTMENT for the diversion or taking from a river or brook, or for the use of any other continuous or discontinuou
OF A DAM

Chapter II. Real and Personal Rights Distinguished

COMPULSORY EASEMENT FOR DRAWING WATER OR FOR WATERING ANIMALS
Imposed only for reasons of public use in favor of a town or village, after payment of proper indemnity (Art. 640)
Owners of servient estates are obliged to allow passage (right of way) to persons and animals to the place where
Easements for the right of way for the passage of livestock known as animal path, animal trail or any other, and
Without prejudice to the rights legally acquired, the animal path shall not exceed in any case the width of 75 me
Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for anim
Page 61 of 276
 EASEMENT OF AQUEDUCT
Requisites:
Cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards already existing, if the easement of
One desiring to make use of the right to an easement of aqueduct should:
1. Prove that he can dispose of the water (by prescription or administrative concession) (Art. 643 (1))
2. That the water is sufficient for the intended use (Art. 643 (1)
3. That the course is the most convenient, and least onerous, to the owner of the servient estate or to third person
4. Indemnify the owner of the servient estate in the manner determined by the laws and regulations (Art. 643 (3)),

For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even if flow of water is no

Chapter II. Real and Personal Rights Distinguished

Rights and obligations of the owner of the dominant estate: To service and clear the aqueduct and to provide for deposit
Rights and obligations of the owner of the servient estate: To close and fence and build over the aqueduct in such manne

One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the
STOP LOCK OR SLUICE GATE
Page 62 of 276
 EASEMENT OF RIGHT OFThe WAYowner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by
Asked in 79, 81, 93, 96, 00, 01, 05

Requisites: 1. That the dominant estate is surrounded by other immovables and has no adequate outlet or access (
2. There must be payment of the proper indemnity.
a. Permanent passage – indemnity shall consist of the value of the land occupied
and the amount of the damage caused to the servient estate. (Art. 649, 2nd par.)
b. Temporary passage – indemnity shall consist of the damage caused by such
encumbrance. (Art. 649, 3rd par.)
No indemnity arises when the enclosing estate belongs to the vendor, exchanger or co-owner (donor not included)
But if the estate enclosed is that of the grantor, he must pay indemnity for a right of way, unless he is the donor of
3. That the isolation was not due to acts of the proprietor of the dominant estate – not compulsory if the isolation of
4. That the right of way claimed is at the point least prejudicial to the servient estate, and, insofar as consistent with

Chapter II. Real and Personal Rights Distinguished

The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and
If the right of way is permanent, necessary repairs shall be made by owner of dominant estate. A proportionate sha
Owner of servient estate may demand that the easement be extinguished, returning indemnity received, if the righ
Right of way for cattle should not be more than 10 meters wide (unless a greater width was a vested right under la
Page 63 of 276
 EASEMENT OF PARTY WALLS
Asked in 85

Disputable presumptions of the existence of easement of party wall:

In dividing walls of adjoining buildings up to the point of common elevation;
In dividing walls of gardens or yards situated in cities, towns, or in rural communities;
In dividing fences, walls and live hedges in rural lands (Art. 659)
In ditches or drains between tenements (Art. 661)

Rebuttal of presumption – by title, by contrary proof, or by signs contrary to the existence of the servitude .
It is understood that there is an exterior sign, contrary to the existence of a party wall:
Whenever in the dividing wall of buildings there is a window or opening;
Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has simil
Whenever the entire wall is built within the boundaries of one of the estates;
Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings

Chapter II. Real and Personal Rights Distinguished

Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the c
whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from
Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.
In all these cases, the ownership of the walls, fences, or hedges shall be deemed to belong exclusively to the ow
Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign
There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean i
Page 64 of 276
 EASEMENT OF PARTY WALLS
Asked in 85

To make use of party wall in proportion to the right he may have in the co-ownership (i.e. resting buildings on
To increase the height of the wall, doing so at his expense (including the thickening of the wall over his own la
To acquire half-interest in any increase of thickness or height, paying a proportionate share in the cost of the w
Rights of part-owners

The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches and dra
If the owner of a building supported by a party wall desired to demolish the building, he may also renounce his

Chapter II. Real and Personal Rights Distinguished

Duties of part-ownersIf the owner raises the height of the wall, he must:
1. Bear the cost of maintenance of the additions;
2. Bear the increased expenses of preservation;
3. Bear the cost of construction, if the wall cannot support the additional height;
4. Give additional land, if necessary, to thicken the wall. (Art. 664)
But the owner may acquire part ownership of the new wall by paying proportionately for the value of the work
Page 65 of 276
 EASEMENT OF LIGHT ANDEasement
VIEW of Light – is the right to make openings (over 1 foot square) to receive light from another’s tenement; t
Asked in 79, 82, 85 Easement of View – is the right to open the windows to enjoy the view and to bar the servient owner from blockin

Restrictions as to openings in a party wall: No part owner may, without the consent of the others, open through the party wall
Restrictions on openings in one’s own wall when contiguous (less than 2 meters) to another’s tenement (Art. 669) – openings c
(The abutting owner may: (i) close the openings if the wall becomes a party wall, if there is no stipulation to the contrary A
Restrictions as to views – No windows, apertures, balconies, or other similar projections which afford a direct view upon or tow
Restrictions on OwnerMeasurements are considered from the boundary line to the nearest edge of the window.
Stipulations permitting lesser distances are void. (Art. 673)
The rules are not applicable to buildings separated by public thoroughfares or private alleys open to the public, and not less th
Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining proper

Chapter II. Real and Personal Rights Distinguished

By Title (or apparent sign of easement under Art. 624), or
By Presciption – counted from the formal prohibition on the servient owner (Cortes vs. Yu Tibo, 2 Phil. 24) or from the opening
If positive (i.e. opening is made through another’s wall or through a party wall), period of 10 years counted from time opening
If negative (i.e. opening is made through one’s own wall , period starts to run from service of notarial prohibition upon the pro
Page 66 of 276
 DRAINAGE OF BUILDINGSThe owner of a building must construct its roof/covering in such a manner that the rain water shall fall on his land or on a street or
A compulsory easement is available when a house, yard or court is enclosed by other estates and it is impossible to give outlet
Owner of servient estate has option to receive water on his own roof and drain the same without damage to the dominant estat

Military zones – no constructions can be built/planted near fortified places/fortresses without compliance with the conditions req
Constructions – For wells, sewers, furnaces, forges, chimneys, stables, deposits of corrosive materials, machineries or factories,
Plantings – a. distances as prescribed by ordinances or customs must be observed. If none, 2 meters from the boundary for larg
EASEMENT OF DISTANCE FOR b. CERTAIN
Intrusions CONSTRUCT-IONS AND of
– of branches: The owner PLANTINGS
the tree may be compelled to cut intruding branches at the boundary.
- of roots: the owner of the invaded tenement may cut them himself at he boundary,
Fruits naturally falling upon adjacent land belong to the owner of the said land (Art. 681).

Chapter II. Real and Personal Rights Distinguished

Every building or piece of land is subject to the easement which prohibits the proprietor/possessor from committing nuisance th
EASEMENT AGAINST NUISANCE

No proprietor shall make such excavations upon his land as to deprive any adjacent land or building sufficient lateral or subjac
Page 67 of 276

This legal easement applies not only for buildings standing at the time the excavations are made but also for constructions tha
EASEMENT OF LATERAL ANDProprietors
SUBJACENTintending
SUPPORTto make such excavations shall notify the owners of adjacent lands. (Art. 687)
 MODES OF ACQUIRING OWNERSHIP
MODE AND TITLE DIFFERENTIATED
Mode is the specific cause which produces dominion and other real rights as a result of the co-existence of

Title is every juridical right which gives a means to the acquisition of real rights but which in itself is insuffic

MODES OF ACQUIRING OWNERSHIP

Asked in 77, 88, 92

They produce the acquisition of ownership independent of any pre-existing right of another person. Hence,
ORIGINAL MODES • OCCUPATION
• INTELLECTUAL CREATION

Chapter II. Real and Personal Rights Distinguished

Based on a right previously held by another person and therefore, subject to the same characteristics, pow
DERIVATIVE MODES • LAW – e.g. Registration under Act 496; Estoppel of title under Art. 1434 CC, Marriage under Absolute Com
• DONATION • SUCCESSION
• PRESCRIPTION • TRADITION

REQUISITES • Pre-existence of right in estate of grantor

Page 68 of 276

• Just cause or title for the transmission

• Intention of both grantor and grantee
• Capacity of grantor to transmit and capacity of grantee to acquire
• An act giving it outward form physically, symbolically or legally.
NON NUDIS PACTIS, SED TRADITIONE, DOMINIA RERUM TRANSFERUNTUR – Not by mere agreement, but by
 KINDS OF TRADITION
Asked in 77

REAL TRADITION Actual transfer of control and possession, with intent to pass ownership or real right over the property (Art. 1497)

• TRADITIO SIMBOLICA – Delivery of a thing which symbolizes the property, e.g. keys of the place or depository where t
CONSTRUCTIVE TRADITION
• TRADITIO LONGA MANU – Pointing to the thing in sight
• TRADITIO BREVI MANU – Transferee already had it in his possession for any other reason
• TRADITIO CONSTITUTUM POSSESSORIUM – Owner of the thing alienates it but continues in possession in the concept o
• QUASI-TRADITION – Exercise of the right by the transferee with the consent of the transferor
• TRADITION BY OPERATION OF LAW – Express provision of law
• DELIVERY OF PUBLIC INSTRUMENT –The execution thereof is equivalent to the delivery of the thing, the object of the c

Chapter II. Real and Personal Rights Distinguished

OCCUPATION
Asked in 07

DEFINITION It is the acquisition of ownership through seizure of corporeal things that have no owner, made with intent to acquire t

REQUISITES Corporeal personal property

Property susceptible of appropriation
Seizure with intent to appropriate
No owner (Res Nullius) or abandoned property (Res Derelicta)
Observance of conditions laid down by law
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NOTES Not applicable to ownership of a piece of land (Art. 714)

Privilege to hunt and fish regulated by special law (Art. 715)
Occupation of a swarm of bees or domesticated animals (Art. 716, see also Art. 560
Pigeons and fish (Art. 717)
Hidden Treasure (Art. 718, see also Arts. 438-439)
Lost movables, procedure after finding them (Art. 719-720)
 INTELLECTUAL CREATION

INTELLECTUAL PROPERTY CODE

RA No. 8293

INTELLECTUAL PROPERTY RIGHTS and related rights

• Copyright
• Trademarks and service marks
• Geographic indications
• Industrial designs
• Patents
• Topographies of integrated circuits
• Rights of performers, producers of sound recordings and broadcasting organizations
• Protection of undisclosed information

Chapter II. Real and Personal Rights Distinguished

LAWS REPEALED BY THE INTELLECTUAL PROPERTY CODE

• PD No. 49 – Intellectual Property Decree including PD 285 as amended

• RA No. 165 as amended (Patent Law)
• RA No. 166 as amended
• Arts. 188-189 of the Revised Penal Code
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 DONATION
DEFINITION It is an act of liberality where a person disposes gratuitously of a thing or right in favor of another, who ac

REQUISITES • Consent and capacity of the parties

Asked in 98 • Animus donandi (causa)
• Delivery of the thing donated
• Form as prescribed by law
• There must be impoverishment (in fact) of donor’s patrimony and enrichment on the part of the donee.

Chapter II. Real and Personal Rights Distinguished

KINDS OF DONATIONS AS TO ITS TAKING EFFECT Inter Vivos – (Arts. 729, 730, 731)
Asked in 82 Mortis Causa – (Art. 728)
Propter Nuptias – (Art. 82, 87 FC)

Simple – Made out of pure liberality or because of the merits of the donee
AS TO CAUSE OR CONSIDERATION
Asked in 97 Remuneratory – Made for services already rendered to the donor not constituting recov
Onerous – Made with burdens imposed upon the donee, not a true donation but subjec
i. Improper - burden equal in value to property donated
ii. Sub modo or modal – imposes a prestation upon donee on how property donated wil
iii. Mixed – NEGOTIUM MIXTUM CUM DONATIONE e.g. sale for price lower than value of
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AS TO EFFECTIVITY OR EXTINGUISHMENT
Pure – Without conditions or period
Conditional (Art. 730, 731) – Can be suspensive or resolutory
With a term
 KINDS OF DONATIONS IMPORTANCE OF CLASSIFICATION
As to form
As to governing rules
As to impossible conditions (Arts. 727, 1183)

CHARACTERISTICS OF A•DONATION MORTIS

Conveys no title CAUSA before donor’s death
nor ownership
• If made before donor’s death, transfer is revocable
• Transfer is void if donor survives donee (Asked in 88, 90, 98)

DISTINCTION BETWEEN •AWhat

DONATION MORTIS
is important CAUSA
is the TIME AND A of
of transfer DONATION
ownership, INTER VIVOS of property donated may be subject to
even if transfer
• Importance of classification – validity and revocation of donation

Chapter II. Real and Personal Rights Distinguished

WHO MAY BE DONORS The donor must have the capacity to contract and dispose of his property.
(ARTS. 735, 736, 737, 739)
The donor’s capacity is determined as of the time of the donation (Art. 737), subsequent incapacity is immateri

Guardians and trustees cannot donate properties entrusted to them (Art. 736).

WHO MAY BE DONEES

(ARTS. 738, 739, 740, 741, 742,743, 744, 753, 1027 CC and ART. 87, FC)
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In general, all persons not disqualified by law may be donees (Art. 738).
 WHO MAY BE DONEES…EXCEPTIONS
By reason of public policy
1) Persons guilty of adultery or concubinage at the time of donation (Art. 739 par. 1) and conviction is not req
2) Those made between persons found guilty of the same (identical) criminal offense, if the donation is made
3) Those made to a public officer, his wife, descendants and/or ascendants by reason of his office (Art. 739, pa
By reason of unworthiness of the donee
1) Incapacity to succeed by will shall be applicable to donations inter vivos (Art. 740).
2) This apply to cases under Arts. 1032 and 1027 except Art. 1027 par. 4 (disqualification of witnesses to a wi
By reason of prejudice to creditors or heirs (voidable)
NB: Donations to disqualified persons are VOID even if made fictitiously 1) under the guise of another contrac

Chapter II. Real and Personal Rights Distinguished

ACCEPTANCE OF DONATION Acceptance
WHO MAY ACCEPT (ART. 745, 747) must be personal or through an agent (a general agent or a special agent). The f

TIME OF ACCEPTANCE It must be made during the lifetime of the donor and the donee (Art. 746).

FORM OF DONATION
Asked in 93, 00, 07 PERSONAL PROPERTY It may be made orally or in writing. An oral donation requires the simultaneous delivery of th
(ART. 748)
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Inapplicable to onerous, modal, mortis causa and propter nuptias donations.

REAL PROPERTY (ART. 749) It must be in a public instrument, the property and the charges must be specified. It may be
 WHAT MAY BE DONATED All present property, or part thereof, of donor:
(ART. 750-752, 755-756) Provided he reserves, in full ownership or usufruct, sufficient means for support of himself and all relatives e
Asked in 77, 79, 81 Provided that no person may give or receive by way of donation, more than he may give or receive by will (
NB: If donation exceeds the disposable or free portion of his estate, it is inofficious. Exceptions: a) Donation
b) Donations propter nuptias by an ascendant consisting of jewelry, furniture or clothing not to exceed

Chapter II. Real and Personal Rights Distinguished

WHAT MAY NOT BE DONATED
Future property – Meaning of property (Art. 751)
Asked in 77, 81
Exception: Marriage settlements of future spouses only in event of death to the extent laid down in Civil Cod

EFFECTS OF DONATION IN GENERAL Donee may demand actual delivery of the thing donated.
Asked in 82, 85, 91
Donee is subrogated to the rights of donor in the property donated (Art. 754).

Donor is not obligated to warrant things donated except in onerous donations in

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Donor is liable for eviction or hidden defects in case of bad faith on his part (Art.
 EFFECTS OF DONATION IN GENERAL In donations propter nuptias, donor must release property donated from mortga
Donations by reason of marriage of property subject to encumbrances shall be v

In donations propter nuptias, donor must release property donated from mortga
Donations by reason of marriage of property subject to encumbrances shall be v

Chapter II. Real and Personal Rights Distinguished

When a donation is made to several persons jointly, it is understood to be in equ

1. Donor provides otherwise

2. Donation to husband and wife jointly with right of accretion (jus accrescendi),
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 EFFECTS OF DONATION SPECIAL PROVISIONS Reservation by donor of power to dispose (in whole or in part) or to encumber p

Donation of naked ownership to one donee and usufruct to another (Art. 756, C

Conventional reversion in favor of donor or other person (Art. 757)

Payment of donor’s debt – (Art. 758)

a. If expressly stipulated -
donee to pay only debts contracted before the donation, unless specified other
b. If there is no stipulation -
donee answerable only for donor’s debt only in case of donation is in fraud of c

Chapter II. Real and Personal Rights Distinguished

Revocation distinguished from reduction of donations

REVOCATION AND REDUCTION OF DONATIONS1. Inofficiousness of donation (Art. 752, 771, 773; Art. 911 & 912 also govern re
Asked in 91, 03 a. Who may ask for reduction - Only those who at the time of the donor's death
b. Rule applied - if disposable portion is not sufficient to cover two or more dona

Causes of Reduction/
Revocation
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2. Subsequent birth, reappearance of child or adoption of minor by donor (Art. 7

$
 Revocation
REVOCATION AND REDUCTION OF(only)
DONATIONSIngratitude (Art. 765)
a. Causes
b. Time to file action for revocation (Art. 769)
c. Who may file (Art. 770)
d. Effect of Revocation

Violation of condition
a. Prescription of action
b. Transmissibility of action

Effect of revocation or reduction - (Art. 762, 764 par. 2, 767)

Effect as to fruits (Art. 768)

Chapter II. Real and Personal Rights Distinguished

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 NUISANCE

DEFINITION A nuisance is any act, omission, establishment, business, condition of property, or anything e

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or

(3) Shocks, defies or disregards decency or morality; or

(4) Obstructs or interferes with the free passage of any public highway or street, or any body

(5) Hinders or impairs the use of property. (Art. 694)

Chapter II. Real and Personal Rights Distinguished

KINDS OF NUISANCE
Asked in 80, 05

A public nuisance affects a community or neighborhood or any considerable number of persons, althou
Public
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Private A private nuisance is one that is not included in the foregoing definition.(Art. 695)
 NOTE:

1. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or

2. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. (Art. 697)

3. Lapse of time cannot legalize any nuisance, whether public or private. (Art. 698)

REMEDIES

Against a Public Nuisance

(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings. (Art. 699)

Chapter II. Real and Personal Rights Distinguished

NOTE:
1. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying t
(A) That demand be first made upon the owner or possessor of the property to abate the nuisance;
(B) That such demand has been rejected;
(C) That the abatement be approved by the district health officer and executed with the assistance of the local police; and
(D) That the value of the destruction does not exceed three thousand pesos. (Art. 704. )
2. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. (Art. 700)
3. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or mu
4. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a
5. A private person may file an action on account of a public nuisance, if it is specially injurious to himself. (Art. 703)
Page 79 of 276
 REMEDIES

Against a Private Nuisance

(1) A civil action; or

(2) Abatement, without judicial proceedings. (Art. 705)

NOTE:

1. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the

Chapter II. Real and Personal Rights Distinguished

LIABILITY FOR DAMAGES A private person or a public official extrajudicially abating a nuisance shall be liable for damages:

(1) If he causes unnecessary injury; or

(2) If an alleged nuisance is later declared by the courts to be not a real nuisance. (Art. 707)
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 LEASE
GENERAL CHARACTERISTICS
temporary
(of every duration
lease)
onerous
price is fixed according to contract duration

KINDS OF LEASES a. Lease of things – movables and immovables

b. Lease of work or contract of labor (Arts. 1700-1712)
c. Lease of services

(i) household service

(ii) contract for a piece of work (Arts. 1713-1731)
(iii) lease of services of common carriers (Art. 1732-1763)

Chapter II. Real and Personal Rights Distinguished

LEASE OF THINGS

In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing fo
Concept

Consumable things cannot be the subject matter of lease, except:

1. consumable only for display or advertising (lease ad pompam et ostentionem)

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2. goods are accessory to an industrial establishment, e.g. coal in a factory (Art. 1645)
 LEASE OF THINGS
essential purpose is to transmit the use and enjoyment of a thing
consensual
onerous
Special Characteristics of lease
price fixed inofrelation
thingsto period of use or enjoyment
temporary

Consumable things cannot be the subject matter of lease, except:

1. consumable only for display or advertising (lease ad pompam et ostentionem)

2. goods are accessory to an industrial establishment, e.g. coal in a factory (Art. 1645)

Chapter II. Real and Personal Rights Distinguished

In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing

By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to d
Distinctions
Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and subs

By the contract of loan, one of the parties delivers to another… something not consumable so that the la
Page 82 of 276
 LEASE OF THINGS

Cannot be perpetual
Period of Lease it must be for a definite period – not more than 99 years
indefinite period:
a. rural land (Art. 1682)
b. urban land (Art. 1687)

The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the co
Assignment of Lease

Chapter II. Real and Personal Rights Distinguished

When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leas
Sublease
i. of House Rental Law (RA 877)
ii. obligation of sublessee to lessor (Art. 1651)
for rents (Art. 1652)
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 LEASE OF THINGS
i. obligations of lessor (Art. 1654, 1661)
Rights and Obligationsii.of lessor and
obligations lessee(Art. 1657, 1662, 1663, 1665, 1668, 1667)
of lessee
iii. right of lessee to suspend payment of rentals (Art. 1658)
iv. right to ask for rescission (Art. 1659, 1660)
v. lessor not obligated to answer for mere act of tresspass by a third person (Art. 1664)

The lessor may judicially eject the lessee for any of the following causes:
Grounds for Ejectment of Lessee by Lessor

Chapter II. Real and Personal Rights Distinguished

(1) When the period agreed upon, or that which is fixed for the duration of leases under Articles 1682 and

(2) Lack of payment of the price stipulated;

(3) Violation of any of the conditions agreed upon in the contract;

(4) When the lessee devotes the thing leased to any use or service not stipulated which causes the deterio

The ejectment of tenants of agricultural lands is governed by special laws. (Art. 1673)

NOTE the grounds under House Rental Law Query. Are they still effective?
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 LEASE OF THINGS

If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acq
Implied Extension of lease
The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the
If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon
Except in cases stated in Article 1673, the lessee shall have a right to make use of the periods established in

Chapter II. Real and Personal Rights Distinguished

Right of purchaser • The purchaser of a piece of land which is under a lease that is not recorded in the
of leased land Registry of Property may terminate the lease, save when there is a stipulation to the
contrary in the contract of sale, or when the purchaser knows of the existence of the lease.
• If the buyer makes use of this right, the lessee may demand that he be allowed to
gather the fruits of the harvest which corresponds to the current agricultural year and that
the vendor indemnify him for damages suffered.
• If the sale is fictitious, for the purpose of extinguishing the lease, the supposed
vendee cannot make use of the right granted in the first paragraph of this article. The sale is
presumed to be fictitious if at the time the supposed vendee demands the termination of the
Page 85 of 276

lease, the sale is not recorded in the Registry of Property. (Art. 1676)
• The purchaser in a sale with the right of redemption cannot make use of the power
to eject the lessee until the end of the period for the redemption. (Art. 1677)
 LEASE OF THINGS

Special provisions for leases of rural

Neither does landshave any right to a reduction of the rent if the fruits are lost after they have been separated f
the lessee
The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the time ne
The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary
Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions on partnershi
The tenant on shares cannot be ejected except in cases specified by law. (Art. 1685) The lessee shall have no right to
Extraordinary fortuitous events are understood to be: fire, war, pestilence, unusual flood, locusts, earthquake, or other

Chapter II. Real and Personal Rights Distinguished

Useful If the lessee makes, in good faith, useful improvements which are suitable to the use for
Improvements in which the lease is intended, without altering the form or substance of the property leased,
good faith made by the lessor upon the termination of the lease shall pay the lessee one-half of the value of the
lessee improvements at that time. Should the lessor refuse to reimburse said amount, the lessee
may remove the improvements, even though the principal thing may suffer damage
thereby. He shall not, however, cause any more impairment upon the property leased than
is necessary.
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With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement,
but he may remove the ornamental objects, provided no damage is caused to the principal
thing, and the lessor does not choose to retain them by paying their value at the time the
lease is extinguished. (Art. 1678)
 LEASE OF THINGS

Special provisions for leases

In default
of urban
of a special
landsstipulation, the custom of the place shall be observed with regard to the kind of re

If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed

When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a stor

Chapter II. Real and Personal Rights Distinguished

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