Civil Law Review

Succession
(Justice Jurado)

Succession mode of acquisition by virtue of which the prop, rights and obligations (P.R.O.) to the extent of the extent of
the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by
operation of law (Art. 774).

Basis of Succession:
Mode of continuing and perpetuating the right to hold private property
Necessity of giving stability to the family and the social economy

Inheritance universality of all the P.R.O. constituting the patrimony of the decedent which are not extinguish by his death
and are available for distribution among his heirs after settlement and liquidation.

Monetary obligations are intransmissible. They are charged against the estate and do not form part of the inheritance.

Transitional provision of the CC the rights to the inheritance of a person who died, with or without a will, after the
effectivity of the New Civil Code, shall be governed by said Code.

Art. 777 Successional rights are transmitted from the moment of death of the decedent. Act of acceptance / repudiation
shall retroact to the moment of death of the decedent (principle of retroactivity Art. 1042). Right of the state to tax
vest instantly at the moment of death of the decedent, tax should be measured by the value of the estate as it stood at
the moment of the decedents death (Lorenzo v. Posadas).

Kinds of Succession:
Testamentary
Legal / intestate
Mixed
Contractual effected when future spouses donate to each other in the marriage settlements their future prop to
take effect upon the death of the donor and to the extent laid down by the provisions of the CC relating to
testamentary succession.

Heir person called to succession either by the provision of a will or by operation of law.

DR. LP ( Devisee Real prop; Legatee Personal prop)

Heirs vs. devisee/ legatee

In case of preterition in the testators will of one, some or all of the compulsory heirs in the direct line: the effect is to annul
entirely the institution of heirs, but legacies and devises shall be valid insofar as they are inofficious.
In case of imperfect / defective inheritance: effect is to annul the institution of heirs to the extent of the legitime of the
disinherited heir is prejudiced but the legacies/ devisees shall be valid insofar as they are not inofficious.
For prop acquired by the testator after the will, not included among the prop disposed of unless it expressly appear in the will
itself that such was the testamentary intention (applies to legatees/devisees).

Testamentary Succession
Will an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death (Art. 783).

Characteristics:
A ambulatory & revocable
M mortis causa
U unilateral & individual act
D disposition of property
P personal act (strictly)
U unrestricted free will
F free & voluntary act
F formal & solemn act

Parol evidence testators intention is to be ascertain from the words of the will, taking into consideration the circumstances
under which it was made, excluding oral declarations (Art. 789)

Formal validity of will the validity of a will as to its form depends upon the law in force upon the time it is made (Art. 795).

Testamentary Capacity and Intent

Testamentary capacity ability as well as the power to make a will

Requisites to Make a Will:

At least 18 years old
Of sound mind

Sound mind not necessary to be in full possession of all his reasoning faculties or his mind is wholly unbroken, unimpaired or
unshattered by disease, injury or other cause. It shall be sufficient it the testator at the time of the making of the will to:
Know the nature of the estate to be disposed of
Proper objects of his bounty
Character of the testamentary act
Kinds of Will:
Ordinary / notarial
Holographic entirely written, dated and signed by the hand of the testator himself
*by the mouth/ feet not within the law

Requisites of Notarial Will:

W written
E executed in the language known by the testator
S subscribed at the end by the testator
T three witnesses (attest/ subscribe)
P pages signed
L letters (Numbered in words)
A attestation by the witnesses
N notary public (acknowledged)

Additional formalities:
If deaf or deaf-mute- personally read the will if able, otherwise designate 2 persons to read it and communicate to him in
some practicable manner the contents thereof (Art 807)
If blind will shall be read to him twice (once by subscribing witness; & once by NP before whom it was acknowledged)

Attestation act of witnessing the execution of the will by the testator in order to see and take note mentally that those
things are done which the statutes requires for execution of the will and the signing of the testator exists as a fact (act of
the witness). It renders available fact that there has been a compliance to the statutory requirements for the execution of
the will.

Subscription manual act of the instrumental witnesses in affixing their signature to the instrument. It is for the purpose of
identification.

Qualification of instrumental witnesses:

Sound mind
18 years or more
Not blind, deaf or dumb
Able to read and write

Disqualification of instrumental witnesses:

Convicted of falsification of a document, perjury or false testimony
 Not domiciled in the Phil
Not of sound mind
Less than 18 y.o.
Blind, deaf, dumb
Cannot read and write
*more qualification for a witness than testator

Beneficiary under a will as a witness? Qualified to be a witness BUT disqualified from inheriting from the testator (Art
1027). **Unless there would be other 3 witnesses

Witness separated by a curtain? The will cannot be admitted to probate. The true test of presence of the testator and the
witnesses in the execution of the will is not whether they actually saw each other sign, but whether they might have seen
each other sign, had they chosen to do so, considering their mental and physical condition and position with relation to each
other at the moment of inscription of each signature (Jaboneta v. Gustilo). The curtain separating the room impeded the
line of vision, consequently it would have been impossible for a witness to see the actual signing by other had he chosen to
do so. Hence , the witnesses and the testator did sign the will and all the pages thereof in the presence of one another.
There is, therefore, non-compliance with the mandatory requirement of law.

Signed at the right hand margin, numbered in Arabic numerals? In spite of such defect, the will can still be admitted to
probate. There is substantial compliance with the statutory requirements. The primordial ends of the formalities
prescribed by law for the execution of the will are 1. Close the doors against bad faith and fraud, 2. Avoid substitution of
wills, and 3. Guarantee their truth and authenticity. So, when an interpretation assures ends, any other interpretation that
adds nothing but demands more requisites entirely unnecessary, useless and frustrative of the testators will, must be
disregarded (Avera v. Garcia).

Witness failed to sign one of the pages but was able to sign all pages of the duplicate? The will may be admitted to
probate. The inadvertent failure of one witness to affix his signature to one of the pages of the will due to simultaneous
lifting of two pages are not per se sufficient to justify denial of probate. Besides, there is still substantial compliance with
the law. The duplicate copy is still very much intact. So, even assuming that such defect in the original is fatal, it is cured
by the examination of the duplicate.

Attestation clause record or memorandum of facts wherein the instrumental witnesses certify that the will has been
executed before them and that it was executed in accordance with law. Its purpose is to preserve a permanent record of
the facts attending to the execution of the will, so that in case of failure of memory of the witness or when they are no
longer available, such facts may still be proved.

3 essential facts that must be present in the attestation clause:

Number of pages used in the will
The fact that the testator signed the will and every page thereof, or caused some other person to write his name,
under his express direction, in the presence of the instrumental witnesses
The fact that the inst. witnesses witnessed and signed the will and all the pages thereof in the presence of the
testator and of one another

1-page will, attestation clause forms part of the body of the will followed by the signature of the testator followed by those
of the 3 witnesses? Allowed to probate. Defect is mere formal not serious or substantial. Any defect or imperfection in
the attestation with respect to the form or language used therein will not invalidate the will (Art. 809).

Attestation clause not signed though all pages are signed including the page of the A.C. at the left margin? - Fatal to
the validity of the will. The omission of the signature of the witnesses at the bottom of the attestation clause negates
their participation in the making of such attestation clause.

A.C. does not state the fact that it was signed in the presence of the instrumental witnesses? Fatal. The omission of such
fact goes into the very essence of the A.C. itself. The defect is substantial or essential.

*Art 809 doctrine of liberal interpretation

A.C. omits to state that testator signed in the presence of the witness, may evidence aliunde be admitted? - No. Evidence
aliunde cannot be admitted. The omission goes to the very essence of the A.C. itself. The defects are not with the form or
language, they are substantial. oral evidence or evidence aliunde, therefore should not be allowed to cure the defect
otherwise the A.C. will be meaningless.
*aliunde from the outside

NP as one of the 3 inst witnesses? - Disallowed. Not in accordance with law. To acknowledge means to avow as genuine.
Before means in front. Consequently, if the third witness is the NP himself, he would have to acknowledge his having signed
the will in front of himself. Therefore, NP cannot acknowledge before himself his having witnessed and signed the will.
The fxn of the NP is to guard against immoral and illegal arrangement. This fxn would be defeated if NP is one of the
witness. In effect, there would only be 2 witnesses and execution of the will is not in accordance with law.

Typewritten holographic will? - Not in accordance with law. H.W. must be written, dated and signed by the hand of the
testator himself. In addition, in the probate of the H.W., at least one witness who knows the handwriting and signature of
the testator must explicitly declare that the handwriting and signature are that of the testator himself.

Photostatic copy of the H.W.? - It is possible that a photostatic copy, mimeographed or carbon copy may substitute for
the original. Compliance with the requirements under Art. 811 would still be possible (Gan v. Yap).

Rules formal validity of wills

Testator is Fil and will executed in Phil CC
Testator is Fil and will executed abroad law of place where the will is made or CC
*Art. 815 does not state that will made by a Fil in a foreign country may be executed in the formalities prescribed by
the CC. In spite of the omission, it is submitted that the will may be admitted to probate in the Phil. To deny it to
Fil will be unfair being it granted to foreigners.
3. Testator is a foreigner and will executed in the Phil CC or law of his country
4. Testator is foreigner and will executed abroad law of the place where will is made or law of his country or law of the
country where he resides

Joint wills single testamentary instrument which contains the will of 2 or more persons jointly executed by them for their
reciprocal benefit or for the benefit of a third person. Prohibited by public policy (may lead to parricide).

Joint will of foreigners made abroad where it is permitted? - May be probated as valid on the Phil. The forms and
solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are
executed (Art. 816).

Codicils a supplement to a will, made after the execution of a will and annexed to be atken as part thereof, by which any
disposition made in the original is explained, added to, or altered (Art. 825). Same formalities as of a will must be followed.

Revocation, Republication and Revival

Waiver on the revocation of a will? - The revocation of a will can never be waived. Even if a will is already admitted to
probate in the lifetime of the testator, the will can still be revoked.

Laws governing revocation of wills (Art 829):

If revocation takes place in the Phil (Fil or alien) Law of Phil
If revocation takes place abroad by a testator domiciled in Phil Law of Phil
If revocation takes place abroad by a testator not domiciled in the Phil Law of the place where the will is made or
law of the place of his domicile at the time of revocation

Modes of revocation:
By implication of law
By some will, codicil, or other writings executed as provided in case of wills (expressed revocation)
By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself or
some other person in his presence and by his express direction (physical act)

Revocation by implication of law. Code: PreCILUT

Pre pretrition omission of compulsory heirs in the direct line, whether living at the time of the execution of the will or
boran after the death of the testator. Pretrition shall annul the institution of heirs
C credit (legacy of) where there is a remission of credit in the will and subsequent to its execution, testator brings an
action to recover debt
I incompatibility
L legal separation provision in favor of a guilty spouse in the will of the innocent spouse is revoked by operation of law
U unworthiness
T transformation of devise - when the thing bequeathed is alienated or lost

A will made and subsequently revoked by another will but second will failed to comply with the formalities of law and was
disallowed? - The first will is still valid. The effect of such disallowance is to render the will void. If the will is void, the
revocatory clause is also void. Therefore the first will was never revoked.

*Doctrine of dependent relative revocation - if the testator revokes his will with the intention of making a new will
immediately and as a substitute, and the new will is not made, or if made, fails to take effect for any reason whatsoever, it
will be presumed that the testator prefers the old will to intestacy; consequently, the old will can still be admitted to
probate.

4 requisites to revoke a will by burning, tearing, cancelling or obliterating

Testator must have testamentary capacity at the time of destroying
There should be an actual physical act of destruction
There must be intent to revoke (animus revocandi)
Act of destruction should be performed by the testator or some other person in his presence and by his express
direction

Art 834 Recognition of an illegitimate child does not lose its legal effect even though the will where it is made should be
revoked

Republication act of testator either in reproducing in a subsequent will the dispositions contained in a previous one which is
void or which has been revoked.

Revival restoration of validity of a previously revoked will by operation of law

Allowance and Disallowance

Probate a special proceedings for the purpose of proving before some competent court vested with authority for that
purpose that the instrument of the testator which is offered for probate is the last will and testament of the testator;
that it has been executed in accordance with the formalities prescribed by law; and that the testator had the necessary
testamentary capacity at the time of the execution of the will.

Mode of Settlement of the estate. Code: PEPSI

P Probate
E Extrajudicial
P - Partition
S Summary settlement of small value estate
I Intestate estate

Characteristic of probate. Code: SIRMaC

S Special Proceedings
I Imprescriptible
R Rem (in) binding on all persons whether they appear to contest the probate or not
Ma Mandatory. Art 838; Sec1 of Rule 75 No will shall pass either real or personal property unless it is proved and allowed
in accordance with the ROC
C Contentious (non-)

Questions determined by the probate court:

Whether the instrument offered for probate is the last will and testament of the decedent
Whether the will was executed in accordance with the formalities prescribed by law
 Whether the testator had the necessary testamentary capacity at the time of the execution of the will

Require to present evidence of filiation? - The person intervening in a probate proceeding should be required to show
interest in the will / property. It is sufficient that one shows or produces prima facie evidence of his relationship to the
testator or right over the latters estate.
Effect of allowance of a will? - Subject to right of appeal, the allowance of the will either during the lifetime of the
testator or after his death, shall be conclusive as to its due execution (Art 838).

**Interest reipublicae ut ist finis litium The very object for which the courts were constituted was to put an end to
controversies. It is a fundamental concept in the organization of every jural system, a principle of public policy, that, at the
risk of occasional errors, judgment of courts should become final at some definite date fixed by law.

Grounds for disallowance of will:

Formalities of law not complied
Testator was insane, mentally incapable at the time of the execution of the will
Executed through force or under duress, or the influence of fear, or threats
Procured by undue an improper pressure and influence, on the part of the beneficiary or of some other persons
Signature of testator was procured through fraud
Testator acted by mistake or did not intend that the instrument he signed be his will at the time of affixing his
signature thereto.

Procedural law does not sanction for annulment of a will.

Institution of Heirs
Institution of heirs an act by virtue of which a testator designates in his will the person/s who are to succeed him in his
property and transmissible rights and obligations (Art 840).

Distribution of estate:
Art 846 Heirs instituted without designation of their share shall inherit in equal parts applies to free disposable portion
Art 847 When the testator institutes some heirs individually and others collectively, those collectively designated shall be
considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise applies to
LEGITIME.

Institution of heirs based on false cause shall be considered as not written (Art 850)

Kinds of heirs:
1. Voluntary
2. Compulsory

Pretrition (pretermission) omission in the testators will of one, some or all of the compulsory heirs in the direct line,
whether living at the time of the execution of the will or born after the death of the testator (Art. 854)
Requisites:
1. Heir omitted must be a COMPULSORY Heir in the direct line
2. Omission must be TOTAL and COMPLETE
3. Omitted heir must survived the testator

Omitted in the will but with donation inter vivos NO pretrition ; omission must be complete. Remedy: Art 906 demand for its
completion

Adopted child considered by legal fiction a compulsory heir in the direct line. Adoption entitles the adopted child the same
successional right as a legitimate child. Hence, an omission of an adopted child in the will results to pretrition..

Spouse not a compulsory heir in the direct line (no pretrition if omitted in the will)

Pretrition annuls the institution of heirs and throws open to intestate succession the entire inheritance.

Art 856 Voluntary heirs cannot transmit any rights to his own heirs (No right of representation).
Art 977 in repudiation there is no right of representation

A compulsory heir would be able to transmit his right to his legitime to his own heirs in the direct line who can represent him
but only in case of predecease or incapacity, and not in case of repudiation.

Substitution of Heirs
Substitution appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted.

Kinds of substitution:
1. Simple / common (vulgar) takes place when the testator designates 1 or more persons to substitute the heir or heirs
instituted in case such heir/s should die before him, should not wish, or should be incapacitated.
2. Brief / compendious 2/more persons to substitute 1 heir (brief); 1 person to substitute 2 or more heirs (compendious)
3. Reciprocal 2 or more person are not only instituted as heirs but are also mutually or reciprocally subsituted
4. Fideicommissary or indirect substitution takes place when the fiduciary or first heir instituted is entrusted with the
obligation to preserve and transmit to a second heir the whole or part of the inheritance, provided such substitution
does not go beyond one degree from the heir originally instituted, and provided further that the fiduciary or first heir
and the second heir are living at the time of the death of the testator
Requisites of fideicommissary subst. (Perez v. Garchitorena):
1. A first heir called primarily to the enjoyment of the estate (usufruct)
2. A second heir
3. An obligation clearly imposed upon the first heir to preserve and transmit to the second heir the whole or a part of the
estate

Limitations on fideicommissary subst.:

B Burden (must not burden the legitime)
O One degree (must not go beyond one degree from the heir originally instituted)
L Living (fiduciary and fideicommissary must be living at the time of the death of the testator)
E - Expressed

Meaning of the limitation of one degree?

First view - Generation/ relationship (only the parent or child of the latter)
Second view degree is equivalent to designation or transfer. Consequently, any person whether natural or juridical, may be
appointed as fidiecommissary heir. adopted in the Phil.

Nature of rights
1. Fiduciary heir (1st heir) usufructuary rights
2. Fidiecommissary substitute (2nd heir) naked ownership

Obligation of fiduciary heir:

1. Preserve the property
2. Transmit to fidiecommissary substitute. If time of transmission shall depend upon the will of the testator. If such
time is not designated, then the transmission shall take effect upon the death of the fiduciary heir.

Fiduciary in a fideicommissary subst. vs. trustee in a trust

Fiduciary Trustee
Designated by means of Designated through acts
a will inter vivos, mortis causa or
by operation of law
Has usufructuary rights No usufructuary rights
over the prop held in trust
May alienate his right No right to alienate
subject to oblig to
preserve and transmit
the prop
Oblig to preserve and Oblig extends not only to
transmit the prop prop but also to fruits
If the fidiecommissary subst. predeceased the fiduciary heir the property is transmited to his (fidiecom. subst.) upon the
death of the fiduciary heir (Art. 866)
Analogous to fideicommissary subst. that the law considers void (Art. 867):
1. F.S. not made in express manner
2. Provision containing perpetual probihition to alienate (limit: 20 yrs only)
3. Impose upon the heir the charge of paying various persons successively (only to 1 st heir and upon his death to the 2nd
heir. It stops there.)

Testamentary Dispositions
Effect of impossible condition - considered not imposed (Art 873)
*Art 850 based on false cause deemed not written

Kinds of impossibility:
1. Physical
2. Legal physically possible but is contrary to law

Art 874 jealous testator absolute condition not to contract a first or subsequent marriage
ABSOLUTE condition not to contract a first marriage deemed not written.
Subsequent marriage deemed not written; EXCEPT when imposed by:
1. D deceased spouse
2. A ascendants of the deceased spouse
3. D descendants of the deceased spouse
*If condition not to contract a first or subsequent marriage is merely relative with respect to person, time, place Art 874
does not apply; in other words the condition is perfectly valid.

Disposion captatoria if a testator makes a disposition in his will on the condition that the heir shall make a provision in his will
in favor of the testator or other persons. It is VOID as it impairs the heirs freedom of disposition.

Effect of a suspensive / resolutory condition

GR: Condition in a testamentary disposition is valid whether susp. or resol.
XPN: Art. 873 (impossible cond.) and 874 (on marriage)

Condition a happening that is not certain to happen; its happening either creates or extinguish an oblig
Period an event that is certain to happen but unknown when
Suspensive cond. rights of heirs is suspended until the happening of the cond.
Resolutory happening of the condition extinguishes the right

Institucion modal not a condition rather is provides how the property is to be applied/ used
*beneficiary must file a bond or security (caucion muciana) to ensure compliance. If he fails to comply with the oblig. he must
return whatever he may have receive including the fruits and interest.

Legitime - part of testators prop which he cannot dispose because the law has received it for certain heirs who are, therefore,
called compulsory heirs (Art 886).

Compulsory heirs (in order)

1. Legitimate children/ descendants
2. In default of the foregoing, the legitimate parents/ ascendants
3. Spouse
4. Illegitimate children filiation must be duly proved.
*Nos. 3 and 4 are not excluded by Nos. 1 and 2; neither do they exclude one another.

Who are illegitimate children?

1. Children born o couples that are not married
2. Children born of bigamous marriage
3. Children born of adulterous relations
 4. Children of couples below 18
5. Children of other voidable marriage under Art 35 of FC
6. Children born of incestuous marriage
7. Children born of marriage void for reasons of public policy under Art 38 of FC

Primary compulsory heirs those who are always entitle to their legitime regarding of the class of compulsory heirs which they
may concur. legitimate children, spouse, illegitimate children

Secondary Comp Heirs those excluded by other classes of comp heirs

Table of Legitime
Survivors Legi Legi Taken from the
descen asce Free Portion
dants ndan spouse Illegit
ts child
1/2 any class alone unless the testator and the surviving
spouse were married in articulo mortis and the testator
died within 3 months from time of marriage, in which the
legitime of the spouse as the sole heir is 1/3. Xpn to xpn:
if living as husband and wife for more than 5 years
All classes but only 1 1/2 Excl 1/4 1/2 of
legitimate uded LD*
descendant
All classes but 1/2 Excl Equal 1/2 of
several legitimate uded to LD
descendants that
of LD
Legitimate - 1/2 1/8 1/4
ascendants; surviving
spouse; illegitimate
children
Legitimate - 1/2* 1/4 -
ascendant; surviving *
spouse
Legitimate - 1/2* - 1/4
ascendants; **
Illegitimate children
Surviving spouse; - - 1/3 1/3
illegitimate children
*if the portion available for distribution is not sufficient, it shall be distributed among the illegitimate children equally
**if the testator is an illegitimate person, his natural parents are excluded by illegitimate children
***if natural parents concur with the surviving spouse, the legitime of the former is 1/4, while that of the latter is also 1/4

Free portion and disposable free portion

If the surviving spouse/ illegitimate children concur with LD or LA their share shall be taken from the free portion. In this
case, the free portion is not really free. It is still subject to the satisfaction of the legitime of the SS and IC.

Under the FC, acknowledge natural child and adulterous child are classified as illegitimate child.

Right of representation only legitimate child would be able to represent his father because the law gives him the right (Art
856, 970, 902). An illegitimate child cannot because of the principle of absolute separation existing between member of the
legitimate families and illegitimate in succession which is effected by operation of law (Art 992).
If in the case above the father is an illegitimate child, his children are entitled. Art 902 the rights of illegitimate children
with respect to their legitime are transmitted upon their death to their descendants whether legitimate or illegitimate but still
observing the 2:1 proportion in accordance to Art 895.

Can a testator deprive his heirs of their legitime? NO. XPN: by disinheriting them or cause expressly stated by law.

Can a burden be imposed on the legitime? NO. XPN: prohibition for partition of the estate for a period which shall not exceed
20 years.

Can a previous settlement for support of an illegitimate child be given in lieu of inheritance? NO. The claim for
inheritance can still be granted but subject to the condition that the support given as inheritance shall be brought to collation.
It must be observed the agreement is actually a renunciation/ compromise as regards to future legitime or inheritance.
According to the CC, such renunciation/ compromise is void and the IC may claim the same upon the death of the parent but
must bring to collation whatever he may have received by virtue of the renunciation/ compromise.

Reserva Troncal duty imposed by law on an ascendant who inherits a prop from his/ her descendant to preserve said prop for
specified relatives belonging to the line (tronco) from which the prop came.

Rule: The ascendant who inherits from his descendant any prop which the ltter may have acquired by gratuitous title form
another ascendant, or a bro or sis, is obliged to reserve such prop as he may have acquired by operation of law for the benefit
of relaties who are within the third degree and who belong to the line at from which the prop came.

To avoid the danger that prop existing for many years in the familys patrimony might pass gratuitously to outsiders through
the accident of marriage and untimely death.

Elements of reserva troncal:

1. Decedent (prepositus) acquired a prop from ascendant/ bro/ sis (origin)
2. Such acquisition by gratuitous title (donation/ succession)
3. The same prop is inherited by the prepositus ascendant (reservista)
4. Such inheritance is by operation of law (if inherited through a will no reserva)
5. When the reservista dies, there are relatives of the prepositus within the third degree and who belong to the line from
which said prop came (reservatario)

Transmissions in reserva troncal:

1. First by gratuitous title: origin to prepositus
2. Second by operation of law prepositus to reservista
3. Third reservista to reservatario

Rights/ duties of reservista:

1. Right of ownership of the reserved prop (inc. usufruct) subj to resol condition that such title would be extinguished if
he predeceases the reservatarios
2. May alienate right. But transferee is bound by the resol condition.
3. May regis prop in his name subj to reservation
4. If there are no reservatarios at his death, his title becomes absolute.
5. Reserve prop for reservatarios
6. Cannot dispose as long as reservatarios are existing

Right of reservatarios:
1. Expectancy over the reserved prop if they survive the reservista

Computation of legitime
1. Value of prop of the time of death of testator
2. Deduct all debts and charges
3. Add value of all donation by the testator
4. Determine legitime and free portion
Disinheritance a CH, may in consequence of disheritance, be deprived of his legitime, for causes expressly provided by law
(Art. 915).

Requisites:
1. Through a WILL
2. Cause must be specified in the will
3. Cause must be expressly stated by law
4. Truth of the cause for disinheritance must be proven

Ineffective disinheritance:
1. No specification of cause
2. Truth of cause not proved
3. Cause not set forth in NCC
Effect: annul the institution of heirs insofar as it may prejudice the disinherited

Effect of reconciliation subsequent reconciliation between offender and offended person deprives the latter of the right
to disinherit; renders ineffectual any disinheritance

Representation disinherited heir may be represented by the his children/ descen

Cause of disinheritance:
1. Found guilty of an attempt against the life (with intent to kill) of testator, his spouse, asc or desc
2. Accused the testator of a crime (crim prosec) for which the law prescribes imprisonment for 6 yrs or more; and
accusation has been fund groundless
3. Convicted of adultery or concubinage with testators spouse
4. When child by fraud, violence, intimidation or undue influence causes the testator to make or change a will
5. When child refuses to support parent/ ascwithout jusitifiable cause
6. Maltreat of testator by word or deed
7. When child leads a dishonorable life
8. Conviction of a crime that carries with it penalty of civil interdiction

Intestate succession
1. Preference of lines
a. Descending excludes ascending
b. Ascending excludes collateral
2. Proximity nearest excludes the distant
3. Equal division relative in the same degree shall inherit in equal shares

Right of representation right created by fiction of law, by virtue of which a representative is raised to the place and the
degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have
inherited.

Representative does not succeed the person represented but the one whom the person represented would have succeeded.

Applies in the ff:

1. Incapacity or unworthiness
2. Predecease
3. Disinheritance

Representation never applies in case of renunciation (art 977).

Rules:
1. ROR takes place in the direct descending line, never in the asc line.
2. In the collateral line, it take place ONLY in favor of the children of bro or sis
3. Heirs who repudiate share cannot be represented
4. Vol heirs cannot be represented
 5. Legitimate children cannot be represented by their illegitimate chidren. Illegitimate children can be represented by
their legitimate/ illegitimate descendants.
6. No ROR to an adopted child

In succession by representation, the division of the estate shall be made per stirpes, in such manner the reps. cannot inherit
more than what the person they represent would inherit, if living or could inherit.

NATURAL OBLIGATIONS those based on equity and natural law, which are not enforceable by means of a court action, but
which are voluntary fulfillment by the obligor, authorize the retention of the oblige of what has been delivered or rendered by
reason thereof.

Voluntary fulfillment debtor complied with the same even if he knew that he could not have been legally forced to

Undue payment v. nat oblig

Undue payment does not know the oblig prescribed
Nat oblig knew that it has prescribed

Hierarchy of laws:
1. Divine law ordained by God
2. Natural law by nature to right/wrong
3. Moral law norms of social relations
4. Physical law governed by science
5. Positive law ordained by man for uniformity of acts and order in society

Example: When a right to sue upon a civil oblig has lapsed by extinctive prescription, the obligor who voluntarily performs the
contract cannot recover what he has delivered or the value of the service he has rendered.

TRUST the legal relationship between one person having an equitable ownership over a prop and another having the legal title
thereto.

Char:
1. Fiduciary rel
2. By agreement / operation of law
3. Where the legal title is held by one and the equitable/ beneficial title is held by another

Parties:
1. Trustor established the trust
2. Trustee in whom confidence is reposed as regards the prop for the benefit of another person
3. Beneficiary/ cestui que trust person whose benefit the trust has been created

Kinds:
1. Expressed trust created by the intention of the trustor or of the parties
2. Implied came into being by operation of law
a. Resulting trust
b. Constructive trust

Express trust Implied trust

Intention of the trustor/
parties
Created by direct and
positive acts of parties by
some writing or deed o will
Cannot be proved by parol
evidence
Operation of law
Without being expressed,
are deductible from the
nature of transaction by
operation of law
May be proved
Laches and prescription do Laches and prescriptionmay
not constitute a bar to constitute a bar to enforce
enforce unless the trustee an implied trust
openly repudiates and make
known such repudiation to
the beneficiary

Implied trust are those which, without being expressed, are deducible from the nature of the transaction as matter of intent,
or which are superinduced on the transaction by operation of law as matters of equity, independently of the particular intention
of the parties.

Resulting trust a trust raised by implication of law and presumed always as contemplated by the parties, the intention as to
which is to be found in the nature of their transaction, but not express in the deed or instrument of conveyance.

1. When donee does not get full ownership of benefit (Art 1449)
2. When title to inherited land is not in owners name (art 1451)
3. When prop is in the name of one of the co-buyers (art 1452)
4. When a person declares his intent to hold prop for someone else (Art 1453)
Constructive trust (trust de son tort) a trust not created by words, either expressly r impliedly evincing a direct intention to
create a trust, but by the construction of equity in order to satisfy the demands of justice.
It arises contrary to intention against one who, by fraud, duress or abuse of confidence, undue influence, mistake or breach of
fiduciary duty or wrongful disposition of anothers prop, obtains or hold legal title to prop which he is not entitled to under
the law (Huang v CA). A constructive trust is not a trust in the technical sense.

1. Conveyance of prop so that it may serve as security (Art 1450) to prevent unjust enrichment; no fidu rel
2. Absolute conveyance made for security purpose (art 1454)
3. Use of trust fund for purchase in his own name (art 1455) applies to trustee/ guardian/ any person with fidu rel
4. Prop acquired thru fraud/ mistake (art 1456)

Trust receipt a contract, partakes of the nature of a conditional sale the importer becoming the absolute owner of the
imported merchandise as soon as he had paid its price; unitl the owner or the person who advanced payment has been paid in
full, or if the merchandise has already been sold, the proceeds turned over to him, the ownership continues to be vested in such
person

Bought a lot registered it in the name of another who shall execute for the buyer an absolute deed of sale. resulting trust:
arises because of the presumption that he pays for a thing intends a benefit interest therein for himself.

Challenge the ownership prescription: the action to compel the trustee to convey the prop registered in his name for the
benefit of the cestui que trust does not prescribe. If at all, it is only when the trustee REPUDIATES that the period of
prescription commence to run. The prescriptive period is 10 years from the repudiation of the trust. Thus, the reckoning point
is repudiation of the trust by the trustee which gives rise to a cause of action.

May laches constitute a bar to enforce a trust?

Express trust disables the trustee from acquiring for his own benefit the prop committed to his mgt/ custody, at least while
he does not openly repudiate the trust, and make such repudiation known to the beneficiary.
Implied trust laches constitutes a bar to actions to enforce the trust, and no repudiation is required, unless there is a
concealment of the facts giving rise to the trust.

Action for reconveyance of real prop based upon an implied trust may be barred by statutes of limitation (prescription
extinctiva).

Period of prescription of an action for reconveyance of real prop based on implied trust:
1. Action for reconveyance involves the annulment a voidbale of contract which became the basis for the fraudulent regis
of prop 4 years from discovery of fraud (Art 1391, par 4)
 2. Action does not involve annulment of contract but there is fraud in the regis of prop 10 years from discovery of fraud
(Art 1144 no. 2)
3. Action involves declaration of nullity of inexistence of a void or inexcistent contract which became the basis for the
fraudulent regis of prop imprescriptible (Art 1410)
4. Action is in reality an action to quiet title and the legit owner fraudulently regis the prop to another had always been in
possession thereof imprescriptible.

Constructive notice rule deemed to have discovered the fraud as of the date the trustee set up in himself a title adverse to
the title of the beneficiaries. Normally, this is the date the trustee obtained a torrens title. (XPN: if the appellant is in
possession of the prop as actual owners)

DAMAGES a sum of money which the law awards or imposes as pecuniary compensation, recompense or satisfaction for an
injury done or a wrong sustained as a consequence of the breach of some duty or the violation of some right.

Kinds: M.E.N.T.A.L.
1. Actual/ Compensatory awarded for pecuniary loss suffered as duly proved
2. Moral awarded to a person for phys suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar injury.
3. Nominal awarded to vindicate or recognize a right that has been violated
4. Temperate / moderate - more than nominal but less than compensatory awarded when the court finds that he has
suffered pecuniary loss but its amount cannot, from the nature of the case, be proved with certainty
5. Liquidated agreed upon by the parties to a contract, to be paid in case of breach thereof
6. Exemplary/ corrective imposed by way of example or correction for the pubic good, in addition to moral, temperate,
liquidated or actual damages.

Kinds of actual/ compensatory damages:

1. Dano emergent value of loss suffered
2. Lucro cesante profis which the oblige failed to obtain

Actual damages cannot be proved by mere testimony. It is essential that the injured party proves actual amount of loss with
reasonable certainty premised upon a competent proof and best evidence available (Fuentes v CA).

Indemnification for loss of earning capacity must be duly proven. Mere testimony is not sufficient proof. Indemnification for
loss of earning capacity partakes the nature of actual damages which must be duly proven.

When moral damages recoverable:

1. Crim offense/ QD causing phys injuries
2. Seducation, rape, or acts of lasciviousness
3. Adultery or concubinage
4. Illegal / arbitrary detention/ arrest
5. Illegal search
6. Libel, slander or other defamation
7. Malicious prosecution

Consideration for moral damages educ, social or financial standing of parties

Moral, nominal, temperate, liquidated or exemplary no proof of pecuniary loss is necessary discretion of the court

Requisites for award of moral damages:

1. Factual basis for the damages
2. Proximate cause of the injury is the claimees wrongful act of omission
3. Case is predicated on the instances enumerated

Mere allegation of moral suffering is not sufficient there must be pleading and proof of moral suffering. They must be
substantiated by clear and convincing proof (personal testimony of the victim is necessary).
In breach of contract, moral damages is awarded if there is fraud, malice or bad faith on the part of the defendant.

Computation for loss of earning capacity:

Net earning capacity = life expectancy x (gross annual income living expense (50% of gross annual income)), where life
expectancy 2/3 (80 age of the deceased)

Breach of promise to marry is not actionable. No moral or exemplary damages is recoverable

Temperate and nominal damages cannot be granted concurrently.

Property as a branch of civil law, classifies and defines the diff kinds of appropriable object and provides for their acquisition
and loss and in the general, treats of the nature and consequence of real rights.

Prop an object that is or may be appropriated

Prop 1. Immovable
2. movable

Art 415 The following are immovable property:

(1) Land, buildings, roads and constructions of all kinds adhered to the soil;

(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;

(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without
breaking the material or deterioration of the object;

(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the
immovable in such a manner that it reveals the intention to attach them permanently to the tenements;

(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works
which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or
works;

(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed
them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of
it; the animals in these places are included;

(7) Fertilizer actually used on a piece of land;

(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;

(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a
river, lake, or coast;

(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)

Class. Of Real Prop.

1. RP by nature #1 and 8
2. RP by incorporation #1,2,and 3
3. RP by destination - #4,5,6,7,and 9
4. RP by analogy - #10
Dismantled house regarded as personal prop

Registrar of Prop ministerial duty as long as the proper fees are paid

Chattel mortgage over a house built in a rented lot

*Since the contracting parties had voluntarily entered into the contract, neither of them should now be allowed to impugn its
validity

**It is now settled that an object placed on land by one who has only a temporary right to the same, such as the lessee or
usufructuary, does not become immobilized by attachment.

Tumalad v. Vicencio
*Although there is no specific statement referring to the subject house as personal prop, yet by ceding, selling or transferring
the prop to the creditor-mortgagee by way of chattel mortgage, the debtor-mortgagor conveyed the house as chattel, or at
least, intended to treat the same as such, so that he should not now be allowed to make an inconsistent stand by claiming
otherwise.

**Moreover, the subject house stood on a rented lot to which the owner merely had a temporary right as lessee, and although
this is in itself cannot determine the status of the prop, it does so when combined with other factors to sustain the
interpretation that the parties, particularly the mortgagor, intended to treat the house as personalty.

*The house, whether constructed on a rented land or land belonging to the owner of such hosue, is still real property.
Consequently, the reqt of the ROC with regard to publication in a newspaper of gen circulation as a condition precedent to sales
on execution of real prop must be complied with. Hence, the sale made by the Sheriff is void.

*Only personalty can be the subject matter of a chattel mortgage. A bldg is certainly not a chattel or personalty. It is a realty
by incorp. Therefore, it cannot be the object of a contract of chattel mortgage unless estoppels applies but only as to
contracting parties.

Painting
*In order that paintings may be classified as immovable prop, it is essential that they should have been placed in a bldg by the
owner of such bldg for use or ornamentation in such a manner that it reveals the intention to attach them permanently to the
tenement.

Davao Sawmill v. Castillo as a rule machinery should be considered as personal prop since it was not placed by the owner of said
land. Immobilization by destination/ purpose cannot be generally be made by a person whose possession of the prop is only
temporary. Otherwise we will be forced to presume that he intends to give the prop permanently to the owner.

*In the enumeration of prop under Art 415, the inclusion of buildings separate and distinct from the land, in the said provision
of law, can only mean that the bldg is by itself an immovable prop. Thus, a bldg itself can be mortgage apart of the land. Such
mortgage would still be real estate mortgage (Prudential Bank v. Panis).

Art 416 The following things are deemed to be personal property:

(1) Those movables susceptible of appropriation which are not included in the preceding article;

(2) Real property which by any special provision of law is considered as personalty;

(3) Forces of nature which are brought under control by science; and
 (4) In general, all things which can be transported from place to place without impairment of the real property to which
they are fixed. (335a)

Test of whether movable prop (applied successively)

1. Capable of being carried away
2. If such change in location can be made without injury RP to which it may be attached
3. Those not enumerated in Art 415

*Following the test, a ship is a personal prop. However, because of its importance in the world of commerce, it partaes of the
nature of immovables when it comes to the reqt of regis. Thus, if it is mortgages, under the Chattel Mortgage Law, the
mortgage must be registered in the Chattel Mortgage Register and in the BOC of the port of entry.

Intellectual prop movable

Art 417 considered as personal prop:

1. Oblig and action which have for their object recoverable or demandable sums
2. Share of stocks although they may have real estates

Art 420 Prop of Public Dominion

Public dominion ownership by the state in that the state has control and admin.

Kinds of prop of public:

1. For public use
2. For public service
3. For the devt of natl wealth

Public dominion:
a. Public streams
b. Bed of rivers
c. River channels
d. Water of river
e. Creeks

Republic v Lat (1988) Shores are shore of public dominion intended for public use and therefore not registrable. It has been
long settled that portion of the foreshores/ of the territorial waters and beaches cannot be registered. Their inclusion in the
cert of title does not convert the same into prop of private ownership.

Santos v Moreno (1967) Canals constructed by private persons in private lands and devoted exclusively for private purpose are
of private ownership.

Characteristics of Prop of Public Dominion

1. Outside the commerce of man cannot be appropriated
2. Cant be acquired by prescription
3. Cant be registered under the Land Registration Law
4. They, as well as the usufruct, cannot be levied upon by execution nor they can be attached
5. Can be used by everybody
6. May be real or personal prop

Public land erroneously registered. The remedy is to ask for the reversion of the inalienable public lands which were
erroneously registered in the name of private individuals (Republic v Reyes, 1976).

Public lands part of the government lands which are thrown open to private appropriation and settlement by homestead and
other like-general laws. After being made so available, they become patrimonial prop of the state, and therefore subject to
prescription.
Bureau of Forestry v. CA classification and reclassification of public lands into alienable or disposable, mineral or forest lands
is now a prerogative of the executive dept of the govt and not of the courts.

Patrimonial prop prop owned by the state but not devoted to public use, public service or devt of natl wealth. It is wealth
owned by the state in its private as distinguished from its public capacity.

Art 422 Prop of public dominion, when no longer intended for public use or sevice, shall form part of the patrimonial prop of
the state. Only the executive or possibly the legis dept have the power to make such declaration (Ignacio v. Dir. Of Lands).

Art 423 - Prop of Pol Subd are:

1. Prop for public use roads, squares, fountain, public waters for public use
2. Patrimonial prop all others

Torrens title is generally conclusive evidence of ownership of the land referred therein. Payment of land tax is not evidence of
ownership of a parcel of land for which payment was made, esp when the parcel of land is covered by a Torrens title in the name
of another (Salamat v. Cruz, 1988).

Aliens has had no right to acquire any public or private agri, comml, or residential land except by hereditary succession
(Krivenko v. Reg. of Deeds).

Ownership
Ownership independent and general right of a person to control a thing particularly in his possession, enjoyment, and
disposition.

Kinds of ownership:
1. Full ownership = naked + usufrust
2. Naked ownership = full usufruct

Rights of an owner:
1. Right to enjoy inc right to possess, use and to fruits
2. Right to dispose inc right to consume, destroy or alienate
3. Right to recover/ vindicate

Actions to Recover:
Personal prop Replevin- Rule 60, ROC
Real prop:
1. Forcible entry recover phys possession if the person originally in possession was deprived therefor by force,
intimidation, strategy, threats or stealth (FISTS). Must be brought within 1 yr from dispossession.
2. unlawful detainer possession by a landlord, vendor, vendee or other person of any land is being unlawfully withheld
after the expiration or termination of the right to hold possession by virtue of any contract, express or implied. Must
be brought within 1 yr form the time the possession becomes unlawful if there is a fixed period no need of demand, or
demand if there is non-payment of rent or violation of contract. **demand to vacate must be absolute not conditional.
3. Accion publiciana to recover the better right of possession, and is a plenary action in an ord. civil action in the RTC,
and must be brought within 10 yrs otherwise the real right of possession is lost. The issue is not possession de facto
but possession de jure.
4. Accion revindicatoria action to recover ownership over real prop. The action must be brought in the RTC where the
prop is located. The issue involved is ownership, and for this purpose evidence o f title or mode may be introduced.
5. Writ of injunction generally not allowed since the defendant in actual possession is presumed disputably to have the
better right. However, the in view of the frequent delays in cases of this nature, the remedy is allowed.
6. Writ of possession an order to direct the sheriff to place a successful registrant under the Torrens system in
possession of the prop covered by the decree of the court.

*Limitations upon right of ownership

1. Power of eminent domain, police power and power of taxation
2. Specific limitations imposed by law
3. Limitations imposed by the party transmitting the prop
4. Limitations imposed by the owner himself (mortgages, pledge, lease)
5. Inherent limitations arising from conflict with other rights

Art 431 The owner if a thing cannot make use thereof in such a manner as to injure the rights of the third person.

Art 432 owner of a thing has no right to prohibit the interference of another with same if the interference is necessary to
avert an imminent danger and the threatened danger, compared to the damage arising to the owner from the interference is
much greater. Owner may demand from person benefited indemnity for the damage to him.
*state of necessity

*Requisites for use of force in defense of prop (Doctrine of Self-help)

1. force must be employed by the owner/ lawful possessor
2. the must be actual/ threatened phys invasion
3. invasion/ usurpation must be unlawful
4. force employed must be reasonable and necessary to repel invasion/ usurpation
Art 433 actual possession raises a disputable presumption of ownership. True owner must resort to judicial process for the
recovery of prop.
2 reqt to raise the disputable presumption of owbership:
1. Actual possession
2. Claim of ownership

Art 434 Requistes of action to recover:

1. Prop must be identified
2. Reliance to the title of the plaintiff and not on the weakness of defendants title

Evidence to show ownership:

1. Torrens title
2. Title granted by Spanish govt
3. Long and actual possession
4. Occupation of a bldg for a long time without paying rents
5. Testimony of adverse and exclusive possession of prop corroborated by tax dec

Land registered in the name of M.R. married to L.R. belongs to M.R. alone as a paraphernal prop. Married to L.R. are merely
descriptive of the civil status of M.R.

Art 435 eminent domain; requirements:

1. Taking by competent authority
2. Observance of DPL
3. Taking for public use
4. Payment of just compensation

Eminent domain refers to the right; expropriation refers to the process

Art 436 abatement of nuisance

- Welfare of the people is the supreme law
- Exercise of the police power
Kinds of nuisance:
1. Public nuisance affects a community/ considerable number of persons
2. Private nuisance not public
3. Nuisance per se nuisance under all circumstances

Art 437 surface right owner of the land is the owner of its surface and everything under it

Regalia doctrine state is the owner of the minerals and natural resources

Art 438 hidden treasures

In own prop to the owner (if married conjugal partnership)
Anothers prop/ state half to finder (if by chance/deliberate hunt); trespassers none; if with contract- contractual
stipulations
If thing of interest to science/ arts to be taken by state@ their just price

Art 439 by treasure- meaning: lawful ownership does not appear

*Rules re discovery of hidden treasures by a stranger:

1. treasure must consist of money, jewelry or precious objects
2. must be hidden/ unknown
3. lawful ownership does not appear
4. discovery must be by CHANCE (if with the permission of the owner of the land not by chance)
5. discovery must by a stranger not trespasser

Accession
Art 440 accession is the right of a prop owner to everything which is produced thereby (accession discreta) or which is
incorporated/ attached thereto either naturally or artificially
- Merely a consequence of ownership

Class:
1. Accession discreta to the fruits natural, industrial, civil
2. Accession continua attachment or incorporation
Industrial building, planting, sowing
Natural alluvium, avulsion, change of course of river, formation of islands

With regards to movable prop

Adjunction/ conjunction takes place whenever movable things belonging to different owners are united in such a way that they
cannot be separated without injury, thereby forming a single object

Commixtion/ confusion takes place whenever there is a mixture of things solid or liquid belonging to different owners

Spefication takes place whenever a person imparts a new form to materials belonging to another person

Right to accession is automatic ipso jure requires no prior act on the part of the owner

XPN to rule that accession discrete belongs to the owner:

1. In the possession in GF in which the possessor is entitle to the fruits
2. Thing is subj to usufruct, and usufructuary is entitle to fruits
3. Thing is leased
4. Thing is in the possession of antichretic creditor and fruit is applied to int and principal

442 natural fruits spontaneous product of the soil and young or other products of animals
Industrial produce by land by any kind of cultivation/ labor
Industrial rents of building, price of leases

Bar male and female animal belongs to different owners, who owns the young? - The owner of the female is the owner of the
young unless there is a contrary custom. Young of animals are considered existing even if still in the maternal womb

443 duty of recipient of fruits to reimburse necessary expenses

A owner of land, B planter in BF. Who owns the fruits? A. but A must reimburse B for the expenses in the production, gathering
and preservation of the fruits. REASON: no one may enrich himself unjustly at the expense of another. Premise: crops have
been gathered. In ART 449 crops not yet gathered (accession continua)

Sowing gives rise to single crops

Planting more or less permanent trunks/ trees produce fruits themselves

Basic principles in Accession

1. Accessory follows the principal (accesio cedit principali) to the owner of the principal belongs also the accessions
2. Union or incorporation must be effected in such a manner that to separate the principal from the accessory would
result in substantial injury to another
3. He who is in GF may be held responsible but should not be penalized
4. He who is BF may be penalized
5. No one should enrich himself unjustly at the expense of another
6. BF of another party neutralizes the BF of the other so both should be considered in GF

447- BF if he makes use of the land or materials which he knows belong to another value + damages

Measure of damages not only the value of loss suffered (dano emrgente) but also that profits which the oblige failed to
realized (lucro cessante)

GF if he did not know that he had no right to such land/ materials pay for value

Presumption: GF is always presumed and upon him who alleges BF rest the burden of proof

One who buys land without verifying whether or not the land belongs to another with Torrens title and who subsequently builds
on it, is a builder in BF, if indeed the land is registered to another.

448 - The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate
as his own the works, sowing or planting, after payment of the indemnity provided for in articles 546 and 548, or to oblige the
one who built or planted to pay the price of the land, and the one who sowed, the proper rent.

However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or
trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees
after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the
terms thereof. (361a)

-appropriate for himself the building upon payment of indemnity

-compel the builder to buy the land unless the value of the land is considerably more than the value of the building (in the later,
rent should be paid)

Owner of the land has the choice he has the older right; and right of accession

449 He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to
indemnity. if the builders act is not necessary for preservation of the land, he is not entitle to reimbursement

450 builder, sower, planter in BF owner may demand the demolition of the work and place the land in its former condition at
the expense of the builder OR compel the builder to pay the price of the land, sower for proper rent.

452 - builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land

453 if both builder and owner acted in BF, treated as though both in GF

Owner in BF whenever an act is done with his knowledge and without opposition on his part

Builder, sower, planter in BF built on a land knowing that it does not belong to him and he has no authority to do so

454 builder in GF, owner in BF apply Art 447

Owner must pay the value of the house + damages OR if builder removes the house, owner liable for damages

*Meaning of GF and BF
As applied to the builder, planter and sower, GF consists in ignorance of the ownership of another, while bad faith consists in
the knowledge of such ownership. There is GF if he is not aware that there is a flaw or defect in this title or mode of
acquisition which invalidates it, while there is bad faith if he is aware of such flaw or defect.

455 if materials used in the building belonged to a TP not in BF owner shall answer subsidiarily for their value only when the
builder has no property to pay

If owner of materials in BF losses right to be indemnified

If all 3 in BF as if in GF

457 Alluvium soil deposited or added to the lands adjoining the banks of the rivers and gradually received as an effect of
the current of the waters.

Accretion is the process whereby the soil is deposited; alluvium is the soil deposited.

Requites of Alluvium:
1. Deposit is gradual and imperceptible
2. Cause is the current of the river, lake (if sea- it belongs to the state)
3. River must continue to exist
4. Increase must be comparatively little
-accession is automatic the moment the soil is deposited (but needs to be registered, otherwise, the same may be acquired by
prescription)
-if land is lost by erosion and transferred to another- prop is lost!

Land bought via installment plan with that land shall be of the owner until fully paid, who owns the alluvial deposit? The buyer
since he is the beneficial and equitable owner of the prop

458 - The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose
that inundated by them in extraordinary floods.

459 Avulsion (abrupt) process whereby the current of a river, creek or torrent segregates from an estate on its bank a known portion
of the land and transfer it to another estate owner of the portion segregated retains the ownership, provided that he removes the
same within 2 years

461 change of course of river - River beds which are abandoned through the natural change in the course of the waters ipso facto
belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands
adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the
area occupied by the new bed.
Article 462. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become
of public dominion. (372a)

Article 463. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the
land retains his ownership. He also retains it if a portion of land is separated from the estate by the current. (374)

Article 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable
rivers belong to the State. (371a)

Article 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers,
belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of
the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than
from the other, the owner of the nearer margin shall be the sole owner thereof. (373a)

466 Adjunction (aka conjunction) process by virtue of which 2 movable things belonging to different owners are united in
such a way that they form a single object

The principal is (in the orderof preference)

 a. That to which the other has been united as an ornament
b. That of the greater value
c. That of the greater volume
d. That which has greater merits

Article 468. If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal
one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume.

In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall
be deemed the accessory thing. (377)

Article 469. Whenever the things united can be separated without injury, their respective owners may demand their separation.

Nevertheless, in case the thing united for the use, embellishment or perfection of the other, is much more precious than the principal
thing, the owner of the former may demand its separation, even though the thing to which it has been incorporated may suffer some
injury. (378)

Article 470. Whenever the owner of the accessory thing has made the incorporation in bad faith, he shall lose the thing incorporated
and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.

If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose
between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary
to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages.

If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights
shall be determined as though both acted in good faith. (379a)

Article 471. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this
consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof,
according to expert appraisal. (380)

Article 472. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in
the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him,
bearing in mind the value of the things mixed or confused. (381)

Article 473. If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights
of the owners shall be determined by the provisions of the preceding article.

If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused,
besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. (382)

Article 474. One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall
appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value.

If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to
himself, after first paying indemnity for the value of the work, or demand indemnity for the material.

If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without
paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may
have suffered. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific
reasons, is considerably more than that of the material. (383a)

Article 475. In the preceding articles, sentimental value shall be duly appreciated.

Co-ownership
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.
Requisites:
1. Plurality of subjects
2. Unity of object
3. Recognition of ideal/ intellectual shares of the co-owners which det theirs rights and oblig

Co-ownership Partnership
Created by law, contracts, succession Always by contract
Purpose: common enjoyment of the thing For profit
No juridical personality Has juridical personality separate and distinct from
the partners
Co-owner has no right to rep the co-ownership Partner has right to rep the partnership
If a co-owner transfer his share to a TP, the latter Not automatic
automatically becomes a co-owner
Death of a co-owner has no effect on the co- Death of a partner results in the dissolution of the
ownership partnership

Share of the co-owner in the benefits and charges of the co-ownership shall be proportional to their respective interest and
any stipulation in a contract to the contrary shall be void.

Each co-owner has the right to compel the other co-owners to contribute to the expense of preservation of the thing owned in
common in proportion to their respective interests

Expenses to improve the thing owned in common must be decided upon b a majority of the co-owners who represent the
controlling interest

Condominium is an interest in real prop consisting if a separate interest in a unit in a residential , industrial or commercial bldg
and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the
bldg. a condominium may include, in addition, a separate interest in other portions of such real property

Co-ownership may be terminated by:

1. Merger or consolidation in one co-owner of all the shares of the co-ownership
2. Destruction of the thing
3. Prescription in favor ofTP/ co-owner
4. Partition

Can a co-owner acquire exclusive ownership over the prop owned in common by prescription?
GR: NO
XPN: - unless, he clearly repudiates the rights of other co-owners
- Such repudiation is communicated to other co-owners
- Evidence thereon is clear and conclusive
- After the lapse of the period fixed by law

When partition is not allowed:

1. Co-owners have agreed to keep the thing undivided for a period not exceeding 10 yrs
2. When it is prohibited by the donor/ testator but for a period not to exceed 20 yrs
3. When it is prohibited by law
4. When to do si would render the thing unserviceable