PROPERTY Prof.
Labitag
I. DEFINITION OF PROPERTY
PROPERTY
Is an economic concept, meaning a mass of things
useful to human activity and which are necessary
to life, for which reason they may be organized and
distributed in one way or another, but, always for
the good of the main.
In order that a thing may be considered as
property:
o Utility capacity to satisfy human wants
o Individuality or Substantivity an
autonomous or separate existence;
materials composing a thing are not thing
in themselves.
o Appropriability or susceptibility to
appropriation
A. Classification under the Civil Code
1. Immovable or Real Property
1. Lands, buildings, road and constructions of all
kinds adhered to the soil.
2. Trees, plants, 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
removed 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. Machineries, receptacles, instruments and
implements intended by the owner of the
tenement for industry or works which may be
carried on in a building or on a piece of land,
and which tends 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
Page 1 of 30
10. Contract for public works and servitudes and
other real rights over immovable property
a. By Nature those which cannot be moved
from place to place
Art 415, Par 1 Land, buildings, road and constructions of all
kinds
Art 415, Par 8 Mines, quarries and slag dumps
b. By Incorporation
Art 415, Par 2 Trees, plants and growing fruits
Art 415, Par 3 Everything attached to an immovable
Art 415, Par 7 Fertilizers
c. By Destination
Art 415, Par 4 Statues, reliefs, paintings and other objects
for use or ornamentation
Art 415, Par 5 Machines, receptacles, implements and
instruments
Art 415, Par 6 Animal houses, pigeon-houses, beehives,
fishponds and breeding places of similar nature
Art 415, Par 9 Docks and structures
d. By Analogy
Art 415, Par 10 Contracts for public works, servitudes and
other real rights over immovable property
Movables or Personal Property
Art 416 The following are things deemed to be movable
property:
(1) Those movables susceptible of appropriation which
are not included in the preceding article
(2) RP which by any special provision of law is
considered as personalty
(3) Forces of nature which are brought under the
control by science
(4) In general, all things which can be transported
from place to place without impairment of the real
property to which they are fixed (c.f. Art 415 No 3)
Art 417 The following are also considered as personal
property:
(1) Obligations and actions which have for their
objects movables or demandable sums
(2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real
estate
DAVAO SAWMILL v CASTILLO ()
BERKENKOTER v CU UNJIENG ()
LOPEZ v OROSA ()
TUMALAD v VICENCIO ()
 PROPERTY Prof. Labitag Page 2 of 30

ASSOCIATED INSURANCE v IYA () ownership of (bound to

MAKATI LEASING v WEAREVER () the former perform
BD. OF ASSESSMENT APPEALS v MERALCO () over the latter prestation
MERALCO v BD. OF ASSESSMENT APPEALS () 2) A general incumbent
MERALCO v BD. OF ASSESSMENT APPEALS () obligation or upon him by
CALTEX v BD. OF ASSESSMENT APPEALS () duty of reason of a
BENGUET CORP. v BD. OF ASSESSMENT APPEALS () respect for juridical tie
such relation, which binds
2. Importance and Significance of Classification there being him to the
From point of view of: no particular active
passive subject),
i. Criminal Law subject who are
ii. Form of contracts involving movables or immovables 3) Effective determined
iii. Prescription actions and
iv. Venue/Jurisdiction recognized by specified
v. Taxation law to protect 2) General
vi. Double Sales under Art 1544 such relation obligation on
against the part of
Art 1544 If the same thing should have been sold to anyone who 3rd persons
different vendees, the ownership shall be transferred may want to to respect
to the person who may have first taken possession disturb it the relation
thereof in good faith, if it should be IMMOVABLE between the
PROPERTY. (applies to unregistered lands) active and
passive
For registered lands: Should it be IMMOVABLE subjects
PROPERTY, the ownership shall belong to the person 3) Effective
acquiring it who in good faith, first recorded it in the actions in
Registry of Property. favor of the
Should there be no inscription, the ownership shall active
pertain to the person who in good faith was first in the subject
possession; and, in the absence thereof, to the person against the
who presents the oldest title, provided there is good passive
faith. subject for
the
vii. Preference of Credits performance
viii. Causes of Action to Recover of the
prestation by
3. Differences between Real Rights and Personal Rights the latter or
so that the
Point of REAL RIGHTS PERSONAL relation
comparison RIGHTS between
Definition Power belonging Power belonging them may
to a person over a to one person to produce its
specific thing, demand to natural and
without a passive another, as a juridical
subject definite passive effects
individually subject, the Also known as Jus in re Jus ad rem
determined fulfillment of a Number of persons Active subject 1 Definite active
against whom prestation to involved in the Passive subject - subject
such right may be give, to do or not juridical relation the rest of the Definite passive
personally to do world without subject
exercised individual
Elements 1) Subject and 1) Two determination
object subjects: Object of the Generally a Intangible thing,
connected by active and juridical relation corporeal thing i.e. the
a relation of passive
 PROPERTY Prof. Labitag Page 3 of 30

prestation of the All other property possessed by any of them is patrimonial,

debtor and shall be governed by this Code, without prejudice to
By the manner in Generally affects Indirectly the provisions of special laws.
which the will of the thing directly through the
the active subject prestation of the a. Property of State
affects the thing debtor Art 420 Art 421 Art 422 see above
related to it
By the causes of By mode and title By title alone i. For public use
creating the ii. For public service
juridical relation iii. For development of national wealth
By the methods of Extinguished by Not extinguished
extinguishment of the loss or by the loss or LA BUGAL BLAAN TRIBAL ASSN. v RAMOS (2004)
the juridical destruction of the destruction of ON RECONSIDERATION (2005)
relation thing the thing
By the nature of Real actions Only personal CHAVEZ v PEA AMARI (2002)
the actions arising against third actions against ON RECONSIDERATION (2003)
from them persons the definite
debtor USERO v CA (2006)

b. Property of Municipal Corporations

B. Classification by Ownership Art 424, Par 1 see above

i. For public use including public works for public

1. Res Nullius does not belong and are not service
enjoyed by anyone e.g. abandoned property and
hidden treasure 3. Private Property

2. Public Dominion owned by the state but a. Patrimonial Property of State

enjoyed by all its citizens Art 421 see above
cf. Patrimonial Property of State
b. Patrimonial Property of Municipal
Art 419 Property is either of public dominion or private Corporations
ownership. Art 424, Par 2 see above

Art 420 The following are things of public dominion: c. Private Property of Private Persons
(1) Those intended for public use, such as roads, Art 425 Property of private ownership,
canals, rivers, torrents, ports and bridges, besides the patrimonial property of the
constructed by the State, banks, shores, State, provinces, cities and
roadsteads and other of similar character municipalities, consists of all property
(2) Those which belong to the State, without being belonging to private persons, either
for public use, and are intended for some public individually or collectively.
service or for the development of national wealth
TANTOCO v MUNICIPAL COUNCIL ()
Art 421 All other property of the State, which is not of the ZAMBOANGA DEL NORTE v CITY OF ZAMBOANGA ()
character stated in the preceding article, is patrimonial SALAS v JARENCIO ()
property CEBU ACETYLENE v BERCILLES ()
MUNICIPALITY OF SAN MIGUEL v FERNANDEZ ()
Art 422 Property of public dominion, when no longer GOVERNMENT v CABANGIS ()
intended for public use or public service, shall form part of CHAVEZ v PEA AMARI (2002)
the patrimonial property of the State. ON MOTION FOR RECONSIDERATION (2003)

Art 424 Property for public use, in the provinces, cities, and 4. Effect and Significance of Classification of Property
municipalities, consists of the provincial roads, city streets, as Property of Public Dominion
municipal streets, the squares, fountains, public waters,
promenades and public works for public service paid for by a. Property is outside the commerce of
said provinces, cities, or municipalities. man
PROPERTY Prof. Labitag
b. Property cannot be the subject of
acquisitive prescription
c. Property cannot be attached or levied
upon in execution
d. Property cannot be burdened with a
voluntary easement
C. Other Classifications
1. By their physical existence
a. Corporeal those which are manifest to the
senses, which we may touch or take, which
exist in space and have a body, whether
animate or inanimate
b. Incorporeal personal prestations or acts or
services productive of utility. They are not
manifest to the senses but are conceived only
by the understanding. They must combine
three requisites:
i. External manifested act
ii. Personal done by the debtor
himself
iii. Possible when it can be done both
in nature and in law
2. By their autonomy or dependence
a. Principal those which other things are
considered dependent or subordinated e.g.
lands on which a house is built
b. Accessory dependent upon or subordinated
to the principal e.g. house in the preceding
example
3. By their subsistence after use
Art 418 Movable property is either consumable or
non-consummable. To the first class belong those
movables which cannot be used in a manner
appropriate to their nature without being
consumed. To the second class belong all the
others.
a. Consumable whose used according to their
nature destroys the substance of the thing or
causes their loss to the owner e.g. food
b. Non-consumable not consumed by use
Differentiated from Fungible or Non-fungible
Fungible depends upon possibility (because of their
nature or the will of the parties) of being substituted by
others of the same kind, not having distinct individuality;
those which belong to the common genus which includes
several species of the same kind, perfectly permitting
substitution of one by the others
Non-fungible those which have their own individuality
(specifically determined) and do not admit of substitution
c. Deteriorable or non-deteriorable
Page 4 of 30
4. By reason of their susceptibility to division
a. Divisible can be divided physically or
juridically without injury to their nature e.g.
piece of land, inheritance
b. Indivisible those which cannot be divided
without destroying their nature or rendering
impossible the fulfillment of the juridical
relation of which they are the object e.g.
horse
5. By reason of designation
a. Generic indicates its homogenous nature,
but not the individual e.g. horse, house, dress
b. Specific indicates the specie or its nature
and the individual e.g. white horse of X or
house No. 20 at Y Street
6. By their existence in point of time
a. Present exist in actuality, either physical or
legal e.g. erected building, not that which is
planned
b. Future do not exist in actuality, but whose
existence can reasonably be expected with
more or less probability e.g. ungathered fruits
7. By reason of contents and constitution
a. Singular
i. Simple
ii. Compound
b. Universal when several things collectively
form a single object in law under one name,
which may be in fact e.g. warehouse, herd OR
in law e.g. inheritance or dowry
8. By reason of susceptibility to appropriation
a. Non-appropriable
b. Appropriable
i. Already appropriated
ii. Not yet appropriated
9. By reason of susceptibility to commerce
a. Within the commerce of man
b. Outside the commerce of man
II. OWNERSHIP
A. Definition
OWNERSHIP
J. B. L. Reyes: It is independent right of exclusive
enjoyment and control of a thing for the purpose
of deriving therefrom all the advantages required
by the:
o Reasonable needs of the owner (or
holder of the right) and
o Promotion of the general welfare
PROPERTY Prof. Labitag
But subject to the restrictions imposed by:
o Law
o Rights of others
Scialoja: It is a relation in private law by virtue of
which is a thing (or property right) pertaining to
one person is completely subjected to his will in
everything not prohibited by public law or the
concurrence with the rights of another
o Sir actually prefers this definition
B. Bundle of Rights included in Ownership
Art 429 The owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use such force as
may be reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or usurpation of
his property.
Jus Utendi right to use and enjoy the property
without destroying its substance
Jus Abutendi right to use and enjoy by
consuming the thing by its use
Jus Fruendi right to receive the fruits
Jus Disponendi right to dispose or the power of
the owner to alienate, encumber, transform and
even destroy the thing owned
Jus Vindicandi right to recover a thing
C. Other Specific Rights found in the Civil Code
1)
1. Right to exclude; self-help; Doctrine of Self-help
Art 429 see above
ELEMENTS OF SELF-HELP 2)
2. Right to enclose or fence
Art 430 Every owner may enclose of fence his land
or tenements by means of walls, ditches, live or 3)
dead hedges, or by any other means without
detriment to servitudes consisted thereon.
4)
3. Right to receive just compensation in case of
expropriation
Art 435 No person shall be deprived of his
property except by competent authority and for
public use and always upon just compensation.
5)
4. Right to hidden treasure 6)
Art 438 Hidden treasure belongs to the owner of
the land, buiding or other property on which it is HILARIO v SALVADOR (2005)
found. SAMPAYANG v CA (2005)
Nevertheless, when the discovery is made on the SANTOS v AYON (2005)
property of another, OR of the State or any of its GANILA v CA (2005)
Page 5 of 30
subdivisions, and by chance thereof shall be
allowed to the finder. If the finder is a trespasser,
he shall not be entitled to any share of the
treasure.
If the things found be of interest to science or the
arts, the State may acquire them at their just
price, which shall be divided in conformity with
the rule stated.
Art 439 By treasure is understood, for legal
purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the
lawful ownership of which does not appear.
5. Right to space and subsoil
Art 437
6. Right to accession
Art 440 The ownership of property gives the right
by accession to:
o Everything which is produced thereby
(accession discreta)
o Incorporated or attached thereto, either
naturally or artificially (accession
continua)
7. Right to recover possession and/or ownership (jus
vindicandi)
a. Available actions to Recover
Possession/Ownership
i. For immovable property
Accion reivindicatoria - recovery of dominion of
property as owner; main issue is ownership not merely
possession.
Accion publiciana - plenary action to recover
possession when owner is dispossessed by any other
means than the grounds for instituting a forcible entry
and unlawful detainer case.
Forcible entry - used by person deprived of possession
through Force, Intimidation, Strategy, Threat or Stealth
(FISTS)
Unlawful detainer - used by lessor/person having legal
right over property when lessee/person withholding
property refuses to surrender possession of property
after expiration of lease/right to hold property
(physical possession, 1 year from the last date of
demand to vacate the premises)
Writ of possession
Writ of injunction
PROPERTY Prof. Labitag
ROSS RICA SALES CENTER v SPS. ONG (2005)
PERALTA-LABRADOR v BUARIN (2005)
ii. For movable property
1) Replevin
b. Requisites for recovery
Art 434 In an action to recover, the
property must be identified, and the
plaintiff must rely on the strength of his
title and not on the weakness of the
defendants claim.
i. Identify the property
SERINA v CABALLERO (2004)
ii. Prove his right of ownership
rely on the strength of his
evidence not on the weakness
of defendants
PEREZ v MENDOZA (1975)
DIZON v CA (1993)
D. Limitations of Real Right of Ownership
1. General Limitation
a. Police power salus populi suprema est
lex
Art 436 When any property is
condemned or seized by competent
authority in the interest of health, safety
or security, the owner thereof shall not
be entitled to compensation, UNLESS he
can show that such condemnation or
seizure is unjustified.
b. Taxation
c. Eminent domain
Art 435
2. Specific Limitation
a. Legal servitudes
b. Limitations imposed by party
transmitting the property
i. By contract or last will or donation
ii. Stipulation on inalienability
3. Limitation from scattered provisions of CC
Art 431 The owner of a thing cannot make use
thereof in such manner as to injure the rights of a
third person.
Sis utere tuo ut
alienum no laedas
Art 432 The owner of a thing has no right to
prohibit the interference of another with the
Page 6 of 30
same, if the interference is necessary to avert an
imminent danger and threatened damage,
compared to the damage arising to the owner
from the interference is much greater. The owner
may demand from the person benefited
indemnity for the damage to him
Act in state of
necessity
Art 2191 Proprietors shall also be responsible for
damages caused:
(1) By the explosion of machinery which has not
been taken care of with due diligence, and
the inflammation of explosive substances
which have not been kept in a safe and
adequate place
(2) By excessive smoke, which may be harmful to
persons or property
(3) By the falling of trees situated at or near
highways or lanes, if not caused by force
majeure
(4) By emanations from tubes, canals, sewers or
deposits of infectious matter, constructed
without precautions suitable to the place
Art 670 Distances for windows, apertures,
balconies or other similar projection which afford
direct and oblique views
Art 677 Constructions near fortified places or
fortresses
Art 678 Building of aqueduct, well, sewer, furnace,
chimney, stable, depository of corrosive
substances, machinery or factory
Art 679 Planting of trees near a tenement
Art 649 Easement of right of way
Art 652 Acquisition of piece of land without right
of way
Art 637 Receipt of lower estates of waters which
naturally descend from higher estates
Art 676 Easement of drainage
Art 644 Limitations on the imposition of easement
of aqueduct
Art 684-687 Lateral and subjacent support
US v CAUSBY ( )
LUNOD v MENESES ( )
III. RIGHTS OF ACCESSION
A. Concept
Art 440 The ownership of property gives the right by
accession to everything which is produced thereby, or
which is incorporated or attached thereto, either
naturally or artificially.
DEFINITIONS OF ACCESSION
PROPERTY Prof. Labitag
Tolentino: Right by virtue of which the owner of a
thing becomes the owner of everything that the
thing may produce or which may be inseparably
united or incorporated thereto, either naturally or
principally.
J. B. L. Reyes: Extension of ownership over a thing
to whatever is incorporated thereto naturally or
artificially (without or with labor of man)
- Incorporation means a stable union or
adherence, not mere juxtaposition
- Accession is one of the bundle of rights
of ownership and is not a mode of
acquiring property
- It does not depend upon a new title
B. General Principles of Accession
1. Applicable to BOTH accession discreta and
accession continua
a. Accessory follows the principal (Accessor
siquitur principale)
b. No one shall be unjustly enriched at the
expense of another
2. Applicable to ACCESSION CONTINUA alone
a. Whatever is built, planted or sown on
the land of another and the
improvements or repairs made thereon,
belongs to the owner of the land, subject
to the provisions of the following
articles. Art 445
b. All works, sowing and planting are
presumed made by owner and at his
expense, unless the contrary is proved.
Art 446
c. Accessory is incorporated to principal
only when cannot be separated without
injury to the work constructed or
destruction to plantings, construction or
works. 2nd phrase, Art 447
d. Bad faith involves liability for damages
and other dire consequences.
e. Bad faith of one party neutralizes bad
faith of the other. Art 453
3. Applicable to ACCESSION DISCRETA alone
a. Ownership of fruits To owner of
principal thing belongs the NATURAL,
INDUSTRIAL and CIVIL fruits Art 441
EXCEPTIONS:
iii. Possession in good faith
Page 7 of 30
iv. In usufruct
v. In lease (although civil fruits go to
the owner)
vi. In antichresis
C. Obligations of Receiver of Fruits to Pay Expenses by
3rd person in production, gathering and preservation
Art 443 He who receives the fruit has the obligation to pay
the expenses made by a third person in their production,
gathering and preservation.
BASIS: no one may unjustly enrich himself at the
expense of another
Characteristics of expenses covered:
o Dedicated to the annual production and
not for the improvement of the property
o They must not be unnecessary, excessive
or for pure luxury, but must be of such
an amount naturally required by the
condition of the work cultivation made
Even if expenses exceed the value of fruits, owner
must pay expenses just the same, because the law
makes no distinction. He who is entitled to the
benefits must bear the rishk and losses.
WHAT MAY JUSTIFY NON-PAYMENT OF FRUITS:
Owner may permit possessor to complete the
harvesting of fruits
Fruits not yet gathered and possessor is in bad
faith: owner need not pay (Art 449)
Fruits already gathered: owner has to pay,
accession continua does not apply because fruits
have already been separated from the immovable.
This provision makes no distinction as to good
faith and baith faith.
D. Kinds of Accession
1. Accession Discreta (Fruits)
Art 440 The ownership of property gives the right by
accession to:
o everything which is produced (accession
discreta)
o incorporated or attached thereto, either
naturally or artificially (accession
continua)
a. Natural products of the soil in whose generation
human labor does not intervene
b. Industrial if it implies some kind of cultivation or
labor
PROPERTY Prof. Labitag Page 8 of 30

c. Civil rents of lands and buildings, and certain kinds of - Retains possession without
incomes obtained from the land or building itself paying rental
- Not entitled to fruits; his
BACHRACH v SEIFERT ( ) rights are the same as an
BACHRACH v TALISAY ( ) antichretic creditor

2. Accession Continua 2) To sell land to BP OR to lease land to S

BP may refuse if value of land
considerably more than BP;
Over Immovables then forced lease by LO and BP
BPS in bad faith

1. Artificial or Industrial Building, Planting, Sowing ii. Rights of BPS in bad faith
Art 452 The
a. Owner is BPS using material of another (LO-BPS and Art 443 The
OM)
Art 447 The LO who makes thereon, personally or Landowner in bad faith but BPS in good faith
through another, plantings constructions, or works Art 454
with the materials of another, shall pay their value and Art 447
if he acted in bad faith, he shall also be obliged to the Reason for adverting to rule in Art 447
reparation of the damages. The OM shall have the right
to remove them only in case he can do so without c. BPS builds, plants or sows on anothers land with
injury to the work constructed, or without the materials owned by 3rd persons
plantings, constructions or work being destroyed. Art 455 The
However, if the LO acted in bad faith, the OM may
remove them in any event, with a right to be N.B.: Good faith does not exclude negligence
indemnified for damages. Art 456 The

LO in good faith BERNARDO v BATACLAN ( )

Acquire BPS by paying the value of materials IGNACIO v HILARIO ( )
SARMIENTO v AGANA ( )
LO in bad faith DEPRA v DUMLAO ( )
TECHNOGAS PHIL v CA ( )
b. BPS builds, plants or sows on anothers land using his ORTIZ v KAYANAN ( )
own material (LO and BPS-MM) GEMINIANO v CA ( )
Art 448 The PLEASANTVILLE DEVT CORP v CA ( )
Art 449 The FELICES v IRIOLA ( )
Art 450 The SPOUSES NUGUID v CA (1993)
Art 451 The SPOUSES NUGUID v CA (2005)
Art 452 The
Art 453 The 2. Natural (Accession Continua Natural)
Art 454 The
a. Alluvium
BPS in good faith Art 457 To the owners of lands adjoining the banks of
Art 448 The rivers belong the accretion which they gradually
receive from the effects of the current of the waters.
BPS in bad faith
Art 449 The REQUISITES FOR LAND ACCRETION TO TAKE PLACE
Art 450 The FOR THE BENEFIT OF THE RIPARIAN OWNER
Art 451 The (1) Deposit be gradual and imperceptible -
exclusive work of nature
i. Options open to owner of the land (2) Made through the effects of the current
of the water
1) To acquire building, planting and sowing (3) The land where accretion takes place is
BP has right of retention adjacent to the banks of the river
PROPERTY Prof. Labitag Page 9 of 30

Banks of a river lateral strips or zones of its c. Tejido or Weaving

bend which are washed by the stream only during
such high floods as do not cause inundations or to d. Escritura or Writing
the point reached by the river at high tide
When is alluvion formed? When the deposit of e. Pintura or Painting
sediment has reached a level higher than the
highest level of water during the year. 2. Commixtion and Confusion
Alluvion belongs to riparian owner from the time
that the deposit created by the current of the SIARI VALLEY ESTATES v LUCASAN (1955)
water becomes manifest SANTOS v BERNABE ()

REPUBLIC v CA ( ) 3. Specification
GRANDE v CA ( )
MENESES ( ) IV. QUIETING OF TITLE

b. Avulsion
A. Differences between Action to Quiet Title and Action:
Art 459 Whenever the current of a river, creek or
torrent segregates from an estate on its bank a known
portion of land and transfers it to another estate, the Action to Quiet Title Action to Remove a Cloud
owner of the land to which the segregated portion Substantially an action for Procure the cancellation,
belonged retains ownership of it, provided that he the purpose of putting an delivery of, release of an
removes the same within 2 years. end to vexatious litigation in instrument, encumbrance or
respect to the property claim constituting a claim on
NAVARRO ( ) involved the plaintiffs title and which
may be used to injure or vex
c. Change of Course of River him in the enjoyment of his
Art 461 The title
Art 462 The
Plaintiff asserts his own Plaintiff not only declares his
Art 463 The
estate and declares own title but also avers the
generally that defendant source and nature of the
BAES v CA ( )
claims some estate in the defendants claim, points out
BINALAY v MANALO
land, without defining it and its defect, and prays that it
avers that the claim is be declared void
d. Formation of Islands
without foundation and
Art 461 The
calls on the defendant to set
Art 462 The
forth the nature of his claim
Art 463 The
so that it may be
Art 464 The
determined by decree
Art 465 The
See PD 1067
Action to Quiet Title Action to Prevent a Cloud
Relief is granted if the
3. Reverse Accession
threatened or anticipated
Art 120, FC The
cloud is one which if it
Art 321, CC The
existed, would be removed by
suit to quit title
Over Movables
Cloud on a title an outstanding instrument,
1. Conjunction and Adjunction record, claim, incumbrance or proceeding which is
actually invalid or inoperative, but which may
a. Inclusion or Engraftment nevertheless impair or affect injuriously the title
to the property.
b. Soldadura or Soldering It must have a prima facie appearance of validity
i. Plumbatura different metals or legal efficacy.
ii. Ferruminatio same metal
PROPERTY Prof. Labitag Page 10 of 30

Cloud on a title must have a semblance of validity
which appears in some legal form but which is in
fact unfounded.
Invalidity or inoperativeness must be proven by an
extrinsic evidence.
The right of common dominion which two or more
persons have a spiritual part (or ideal portion) or a
thing which is not physically divided.
B. Characteristics of co-ownership

B. Prescription of Action to Quiet Title

1. There is plurality of owners, but only one real right of
ownership.
If plaintiff is in possession: imprescriptible 2. The recognition of ideal shares, defined but not
If plaintiff is not in possession: prescribes within physically identified.
period of filing accion publiciana, accion 3. Each co-owner has absolute control over his ideal
reivindicatoria share.
4. Mutual respect among co-owners in regard to use and
OLVIGA v CA (1993) enjoyment and preservation of thing as a whole.
PINGOL v CA (1993)
PARDELL v BARTOLOME ( )
C. Who are Entitled to Bring Action?
C. Differences between Co-ownership and Joint Tenancy
Rule 64, Sec. 1, Par 2, Rules of Court The

D. Notes Co-ownership Joint Tenancy

1. There is a cloud on title to real property or any interest D. Differences between Co-ownership and Partnership
to real property.
Art 476 Whenever there is a cloud on title to real
property OR any interest therein, by reason of any Co-ownership Partnership
instrument, record, claim, encumbrance, or proceeding
which is apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable or unenforceable, GATCHALIAN v COLLECTOR ( )
and may be prejudicial to said title, an action may be
brought to remove such cloud or to quiet the title. E. Source of Co-ownership
An action may also be brought to prevent a cloud from
being cast upon title to real property or any interest
therein. 1. Law
2. Plaintiff has legal or equitable title to or interest in the
subject/real property. i. Cohabitation
3. Instrument record claim, etc must be valid and binding Art 147, FC
on its face, but in truth and in fact, invalid, ineffective, Art 148, FC
voidable or unenforceable. Art 90
4. Plaintiff must return benefits received from defendant.
ii. Purchase
TITONG v CA (1998) Art 1452

5. Actions to quiet title are proceedings quasi in rem. iii. Succession

Intestate: Art 1452
SPS. PORTIC v CRISTOBAL (2005) Testate: Property is given to 2 or more
heirs
V. CO-OWNERSHIP
iv. Donation
A. Definition Art 753
Art 573, 2nd Par

CO-OWNERSHIP v. Chance
Art 472
PROPERTY Prof. Labitag Page 11 of 30

RESUENA v CA (2005)
SIARI VALLEY ESTATE v LUCASAN () ACABAL v ACABAL (2005)

vi. Hidden treasure 4. To compel other co-owner to contribute:

Art 348 a. to expenses for preservation of the thing or
right owned in common
vii. Easement of party wall b. to payment of taxes
Art 658 Art 488

viii. Occupation Co-owners option not to contribute by

waiving his undivided interest equal to
PUNZALAN v BOON LIAT ( ) amount of contribution dacion en pago
Exception: if waiver is prejudicial to co-
ix. Condominium Law ownership
Sec 6 (c), RA 4726 Requisites before repairs for preservation
may be made or expenses for embellishment
2. Contracts or improvement may be made
Art 489
a. By agreement Effects of failure to notify co-owners
Duration of co-ownership: Art 494
5. To oppose any act of alteration
b. Universal partnership
Art 1778 Remedy of other co-owners re acts of alteration
Art 1779 Art 491
Art 1780
ACTS OF ALTERATION
c. Associations and societies with secret articles
Art 1775 a. Concept
Any change injurious to the thing owned
F. Rights of each co-owner as to the thing owned in in common or to the rights of other co-
common owners or
Any change material to the use,
destination or state of thing which act is
1. To use the thing according to the purpose intended in violation of the express or tacit
may be altered by agreement, express or implied, agreement of the co-owners
provided:
a. It is without injury or prejudice to interest of b. Distinguished from acts of administration
co-ownership and; Art 492
b. Without preventing the use of other co-
owners Acts of Alteration Acts of Administration
Art 486

PARDELL v BARTOLOME ( ) c. Effect of acts of alteration and remedies

of non-consenting co-owner
2. To share in the benefits in proportion to his interest,
provided the charges are borne by each in the same QUERY: Is lease of real property owned in common an act
proportion of alteration?
Art 485 Art 647
in relation to Art 1878 (8)
Contrary stipulation is void
Presumption is that portions are equal unless 6. To protect against acts of majority which are prejudicial
contrary is proved to minority
Art 492, 3rd Par
3. Each co-owner may bring an action in ejectment
Art 487 LAVADIA v COSME ()
PROPERTY Prof. Labitag Page 12 of 30

MELENCIO v DY TIAO LAY () DIVERSIFIED CREDIT v ROSADO ()

TUASON v TUASON () PNB v CA ()

7. To exercise legal redemption H. Rules on co-ownership not applicable to conjugal

Art 1620 partnership of gains or absolute community of
Art 1623 property

MARIANO v CA ()
VERDAD v CA () I. Special rules on co-ownership of different stories of a
house as differentiated from provisions of
8. To ask for partition Condominium Law (Act No. 4726)
Art 494

RAMIREZ v RAMIREZ () 1. Concept of Condominium

AGUILAR v CA (1993)
VDA DE APE v CA (2005) 2. Essential requisites for Condominium

9. Other cases where legal right of redemption is given 3. Rights and obligations of Condominium owner
Art 1621
Art 1622 SUNSENT VIEW CONDOMINIUM v JUDGE CAMPOS (1981)

HALILI v CA (1998) J. Extinguishment of co-ownership

FRANCISCO v BOISER (2000)
1. Total destruction of thing
G. Implications of co-owners right over his ideal share
2. Merger of all interests in one person
1. Co-owner has the right:
3. Acquisitive prescription
a. To share in fruits and benefits
b. To alienate, mortgage or encumber and dispose of a. By a third person
his ideal share b. By one co-owner as against the other co-owners
BUT: Other co-owners may exercise right of legal REQUISITES - Unequivocal acts of:
redemption i. Unequivocal acts of repudiation
c. To substitute another person in the enjoyment of of co-ownership (acts
thing amounting to ouster of other
d. To renounce part of his interest to reimburse co-owners) known to other co-
necessary expenses incurred by another owner owners and shown by clear and
Art 488 convincing evidence
ii. Open and adverse possession,
2. Effect of transaction by each co-owner not mere silent possession for
the required period of
a. Limited to his share in the partition extraordinary acquisitive
b. Transferee does not acquire any specific portion of prescription
whole property until partition iii. The presumption is that
c. Creditors of co-owners may intervene in partition possession by co-owner is not
or attack the same if prejudicial adverse
Art 499
EXCEPT that creditors cannot ask for rescission CAPITLE v DE GABAN (2004)
even if not notified in the absence of fraud
Art 497 4. Partition or division

CARVAJAL v CA () a. Right to ask for partition at any time, EXCEPT:

PAMPLONA v MORETO ()
CASTRO v ATIENZA () i. When there is a stipulation against it
ESTOQUE v PAJIMULA () (should not be over 10 years)
PROPERTY Prof. Labitag Page 13 of 30

Art B. Essential Requisites of Possession

ii. When condition of indivision is imposed

by transferor (donor or testator) not 1. Holding or control of a thing or right (corpus)
exceeding 20 years consists of either
Art 494
a. The material or physical holding or
iii. When the legal nature of community occupation either
prevents partition (party wall) b. Exercise of a right
Art c. Constructive possession (intention to possess
is very crucial)
iv. When partition is generally prohibited by
law RAMOS v DIRECTOR OF LANDS ( )
E.g. absolute community of property DIRECTOR v CA ( )

v. When partition would render the thing 2. Intention to possess (animus possidendi)
unserviceable (but the thing may be sold
and co-owners divide the proceeds) C. Degrees of Holding of Possession
Art 494
Action for partition will fail if
acquisitive prescription has set 1. Mere holding or possession without title whatsoever
in and in violation of the right of the owner
E.g. possession of a thief/robber or a usurper of land
b. Effect of partition
Art 1091 2. Possession with a juridical title, but not that of
Art 543 ownership
Art 1092 E.g. possession of tenant, depository agent, bailee,
Art 1093 trustee, lessee, antichretic creditor.
Art 499 This degree of possession will never ripen into full
Art 500 ownership as long as there is no repudiation of
Art 501 concept under which property is held.

c. Right of creditors of individual co-owners 3. Possession with a just title or title sufficient to transfer
Art 497 ownership, but not from the true owner
E.g. possession of a vendee from vendor who pretends
d. Procedure for partition to be the owner
Rule 69, Rules of Court This degree of possession ripens into full
ownership by lapse of time.
VI. POSSESSION
4. Possession with a just title from the true owner
The delivery of possession transfers ownership,
A. Definition and Concept and strictly speaking, is the jus possidendi.

D.
POSSESSION
Is the holding of a thing OR the enjoyment of a
right, whether by material occupation or by the 1.
fact that the thing or the right is subjected to the
action of our will
It is a real right independent of and apart from
ownership i.e. the right of possession (jus 2.
possessionis) as distinguished from the right to
possess (jus possidendi)
Cases of Possession
Possession for oneself or possession exercised in ones
own name and possession in the name of another
Art 524
Possession in the concept of an owner and possession
in the concept of a mere holder with the ownership
belonging to another
Art 525

3. Possession in good faith and possession in bad faith

PROPERTY Prof. Labitag Page 14 of 30

Art 526 - Lucrative or onerous

Includes traditio longa manu and
PLEASANTVILLE DEVT CORP v CA ( ) tradition simbolica, donations,
succession (testate or intestate),
a. Mistake upon a doubtful or difficult contracts, judicial writs of possession,
question of law as a basis of good faith writ of execution of judgments,
execution and registration of public
KASILAG v ROQUE (1939) instruments

E. What things or rights may be possessed BANCO ESPANOL FILIPINO v PETERSON ( )

2. By whom possession be acquired

Art 530 Only things or rights susceptible of appropriation Art 532
may be the object of possession
a. By same person
F. What may not be possessed by private persons ELEMENTS OF PERSONAL ACQUISITION
1. Capacity to
acquire
1. Res Communes possession
2. Intention to
2. Property of public dominion possess
3. Possibility of
3. Right under discontinuous and/or non-apparent acquiring
easement possession
b. By his legal representatives
REQUISITES
G. Acquisition of Possession
c. By his agent

d. By any person without any power whatsoever but

1. Ways of acquiring possession
subject to ratification, without prejudice to the
Art 531
proper case of negotiorum gestio
Art 2144
a. Material occupation of the thing
Art 4129
Art 2150
b. Subject to the action of our will
i. Doctrine of constructive possession
e. Qualifiedly, minors and incapacitated persons
ii. Includes constructive delivery
Art 535
1) Traditio brevi manu thing is
already in transferees hands
3. What do not affect possession
E.g. under a contract
Art 537
of lease, then
Art 1119
delivered under a sale
2) Traditio constitutum
a. Acts merely tolerated
possessorium thing remains in
Art 537
transferors hands
E.g. sale, then
MACASAET v MACASAET (2004)
retained under a
commodatum
b. Acts executed clandestinely and without the
knowledge of the possessor
c. Proper acts and legal formalities
Art 537
Refers to the acquisition of possession
by:
c. Acts by violence as long as possessor objects
- Sufficient title
thereto (i.e. he files a case)
- Inter vivos
Art 536
- Mortis causa
PROPERTY Prof. Labitag Page 15 of 30

CUAYCONG v BENEDICTO () 2. Entitlement to fruits possessor in good faith/bad

ASTUDILLO v PHHC () faith
PERAN v CFI () Art 544
Art 549
4. Rule to solve conflict of possession
Art 538 3. Reimbursement for expenses possessor in good
faith/bad faith
GENERAL RULE: Possession cannot be recognized in two Liability for loss or deterioration of property by
different personalities. possessor in bad faith
EXCEPTION: In cases of co-possession by co-possessors Art 553
without conflicting claims or interest Art 552

In case of conflicting possession, preference is given to:
a. Present possessor or actual possessor
b. If there are 2 or more possessors, the one longer
in possession
c. If dates of possession are the same, the one who
presents a title
d. If all conditions are equal, the thing shall be
placed in judicial deposit pending determination
of possession or ownership through proper
proceedings
4. Possession of movable acquired in good faith (in
concept of owner) is equivalent to title
Art 559
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 but
without reimbursement
EXCEPT: If possessor acquired it at a public sale

H. Effects of Possession I. Effect of possession in the concept of an owner

1. In general, every possessor has a right to be respected
in his possession; if disturbed therein, possessor has
right to be protected in or restored to said possession
Art 539
a. Actions to recover possession
i. Accion interdictal or Summary proceedings
forcible entry and unlawful detainer
- Plaintiff may ask for writ of preliminary
mandatory injunction
- Within 10 days from the filing of
complaint in forcible entry
Art 539
YU v HONRADO ( )
ii. Accion publiciana based on superior right of
possession, not ownership
iii. Accion reivindicatoria recovery of
ownership, including the right to possess
iv. Action for replevin possession or ownership
for movable property
1. Possession may by lapse of time ripen into full
ownership, subject to certain exceptions.
2. Presumption of just title and cannot be obliged to
show or prove it
Art 541
EXCEPTION: Art 1131
3. Possessor may bring all actions necessary to protect his
possession except accion reivindicatoria
4. May employ self-help under Art 429
5. Possessor may ask for inscription of such real right of
possession in the Registry of Property
6. Has rights to fruits and reimbursements for expenses
(assuming he is a possessor in good faith)
7. Upon recovery of possession which he has been
unlawfully deprived, may demand fruits and damages
8. Generally, he can do on the things possessed
everything that the law authorizes the owner to do
until he is ousted by the one who has a better right

b. Lawful possessor can employ self-help 9. Possession in good faith and possession in bad faith
Art 429 Art 528
Mistake upon a doubtful or difficult
question of law as a basis of good faith
PROPERTY Prof. Labitag Page 16 of 30

Art 526, Par 3 K. Possession may be lost by

J. Presumptions in favor of the possessor

1. Abandonment
2. Assignment, either onerous or gratuitous
1. Of good faith until the contrary is proved 3. Destruction or total loss of thing or it goes out of
Art 528 commerce
4. Possession by another; if possession has lasted longer
2. Of continuity of initial good faith in which possession than one year; real right of possession not lost until
was commenced or possession in good faith does not after 10 years
lose his character except in the case and from the Subject to Art 537 (on acts merely tolerated, etc)
moment possessor became aware or is not unaware of
improper or wrongful possession
Art 528

CORDERO v CABRAL ( )
VII. USUFRUCT
3. Of enjoyment of possession in the same character in
which possession was acquired until contrary is
A. Concept
proved
Art 529
Art 562
4. Of non-interruption of possession in favor of present
possessor who proves possession at a previous time USUFRUCT
until the contrary is proved Is a real right, temporary in character that
Art 554 authorizes the holder to enjoy all the advantages
Art 1120 derived from a normal exploitation of anothers
Art 1121 property, according to its destination or purpose,
Art 1122 and imposes an obligation of restoring at the time
Art 1123 specified, either the thing itself or its equivalent.
Art 1124
B. Historical Considerations
5. Of continuous possession or non-interruption of
possession of which he was wrongfully deprived for all
purposes favorable to him C. Characteristics of Usufruct
Art 561

6. Other presumptions with respect to specific properties D. Usufruct Distinguished from Lease; from Servitude
of property rights

a. Of extension of possession of real property to Usufruct Lease

all movables contained therein so long as it is
not shown that they should be excluded
Art 426 Usufruct Servitude

b. Non-interruption of possession of hereditary

property E. Classes of Usufruct
Art 533
Art 1078
1. By origin
c. Of just title in favor of possessor in concept
of owner a. Voluntary
Art 541 b. Legal
cf. Art 1141 Art 321
Art 226, FC
c. Mixed
PROPERTY Prof. Labitag Page 17 of 30

Art 566
2. By person enjoying the right of usufruct Art 436
Fruits pending at the beginning of usufruct
a. Simple Art 567
b. Multiple Civil fruits
i. Simultaneous Art 569
ii. Succession Art 588
Limitation on successive usufruct
Art 756 b. Right to lease the thing
Art 863 Art 572
Art 869 Limitations
Liability of usufructuary
3. By object of usufruct Art 590
Exceptions to right of leasing the thing
a. Rights
Art 574 FABIE v DAVID ()
b. Things
i. Normal c. Right to improve the thing
ii. Abnormal, irregular or quasi-usufruct Art 579

2. As to the legal right of usufruct itself

4. By the extent of usufruct
a. Right to mortgage
a. As to the fruits Right of usufruct
i. Total Art 572
ii. Partial
Art 598 b. Right to alienate the usufruct
EXCEPT:
b. As to object In purely personal usufructs
i. Singular When title constituting it prohibits the
ii. Universal same
Art 595

Subject to provisions of: G. Rights of Naked Owner

Art 758
Art 759
1. At the beginning, during, and termination of usufruct
5. By the terms of the usufruct (See obligations of usufructuary at the beginning of the
Art 564 usufruct)

a. Pure 2. During the usufruct

b. Conditional a. Retains title to the thing or property
c. With a term (period) b. He may alienate the property
Limitations:
Art 581
F. Rights of Usufructuary
H. Obligations of Usufructuary

1. As to the thing and its fruit

1. At the beginning of usufruct or before exercising the
a. Right to possess and enjoy the thing itself, its usufruct
fruits and accessions
Fruits consist of natural, industrial and civil a. To make inventory
fruits Art 583
As to hidden treasure, usufructuary is
considered a stranger i. REQUISITES OF INVENTORY
PROPERTY Prof. Labitag Page 18 of 30

1) Immovables described If indispensable and owner fails to

2) Movables appraised undertake extraordinary repairs, it
may be made by usufructuary;
ii. EXCEPTION TO REQUIREMENT OF INVENTORY Repairs usufructuary rights
1) No one will be injured thereby Art 594, 2nd Par
Art 585
2) Title constituting usufruct excused d. To pay for annual charges and taxes on the fruits
the making of inventory
3) Title constituting usufruct already BD. OF ASSESSMENT APPEALS OF ZAMBOANGA DEL SUR v
makes an inventory SAMAR MINING COMPANY INC ()

b. To give a bond for the faithful performance of e. To notify owner of any act detrimental to
duties as usufructuary ownership
Art 601
i. No bond are required in the following:
1) No prejudice would result f. To shoulder the costs of litigation re usufruct
Art 585 Art 602
2) Usufruct is reserved by donor
Art 584 g. To answer for fault or negligence of alienee, lessee
3) Title constituting usufruct excused or agent of usufructuary
usufructuary Art 590
4) If usufructuary takes possession
under a caucion juratoria 3. At the time of termination of the usufruct

ii. Effect of filing a bond a. To deliver the thing in usufruct to the owner in the
Art 588 condition in which he has received it, after
undertaking ordinary repairs
iii. Effect of failure to give bond EXCEPTION: abnormal usufruct
Art 586
Art 599 I. Special Cases of Usufruct

2. During the usufruct

1. Usufruct over a pension or periodical income
a. To take care of the thing like a good father of a Art 570
family
Art 589 2. Usufruct of property owned in common
Art 582
Effect of failure to comply with obligation
Art 610 3. Usufruct of head of cattle
Art 591
b. To undertake ordinary repairs
Art 592 4. Usufruct over vineyards and woodlands
ORDINARY REPAIRS Art 575
Art 576
c. To notify owner of need to undertake extra-
ordinary repairs 5. Usufruct on a right of action
Art 593 Art 578
EXTRA-ORDINARY REPAIRS
1) Concept of extraordinary repairs 6. Usufruct on mortgaged property
2) Naked owner obliged to undertake them Art 600
but when made by owner, usufructuary
pays legal interest on the amount while 7. Usufruct over an entire patrimony
usufruct lasts Art 598
Art 594, 1st Par Liability of usufructuary for debts
3) Naked owner cannot be compelled to
undertake extraordinary repairs 8. Usufruct over deteriorable property
PROPERTY Prof. Labitag Page 19 of 30

Art 578 ii. If he does not rebuild, usufruct

continues over remaining land
9. Usufruct over consumable property (or quasi-usufruct) and/or owner may pay interest on
Art 574 value of both
Art 607
J. Extinguishment of Usufruct iii. If owner rebuilds, usufruct does not
continue on new building, but
Art 603 owner must pay interest on value on
land and old materials
1. Death of usufructuary
EXCEPTION: unless a contrary intention clearly appeals 3. When insurance taken by usufructuary only
depends on value of usufructuarys insurable
2. Expiration of period or fulfillment of resolutory interest (not provided for in the Civil Code)
condition imposed on usufruct by person constituting i. Insurance proceeds to usufructuary
the usufruct ii. No obligation to rebuild
Time may elapse before a third person attains a iii. Usufruct continues on the land
certain age, even if the latter dies before period iv. Owner does not share in insurance
expires unless granted only in consideration of proceeds
his existence
Art 606 b. If destroyed property is not insured
Art 607
BALURAN v NAVARRO ()
NHA v CA () 1. If building forms part of an immovable under
BULACAN GARDEN CORP v MANILA SEEDLING BANK () usufruct
i. If owner does not rebuild, usufruct
continues over the land and
3. Merger of rights of usufruct and naked ownership in materials
one person ii. If owner rebuilds, usufructuary must
allow owner to occupy the land and
4. Renunciation of usufruct to make use of materials, but value
a. Limitations of both land and materials
b. Must be express (____???)
c. If made in fraud of creditors, waiver may be
rescinded by them through action under Art 1381 6. Termination of right of person constituting the usufruct

5. Extinction or loss of property 7. Prescription

a. If destroyed property is insured before the Cases covered:

termination of the usufruct a. If third party acquires ownership of thing or
Art 608 property in usufruct
b. Right of ownership lost through prescription
1. When insurance premium paid by owner and c. Right of usufruct not began within
usufructuary prescriptive period
Art 608, 1st Par d. If there is a tacit abandonment or non-user of
i. If owner rebuilds, usufruct subsists thing held in usufruct for required period
on new building
ii. If owner does not rebuild, interest 8. What do not cause extinguishment of usufruct
upon insurance proceeds paid to
usufructuary a. Expropriation of thing in usufruct
Art 609
2. When the insurance taken by owner only
because usufructuary refuses b. Bad use of thing in usufruct
Art 608, 2nd Par Art 810
i. Owner entitled to insurance money Owners right
(no interest paid to usufructuary)
c. Usufruct over a building
PROPERTY Prof. Labitag Page 20 of 30

Art 607 EXCEPT if such act is an accessory obligation to a

Art 608 praedial servitude (obligation propter rem)

VIII. EASEMENTS OR SERVITUDES CHARACTERISTICS OF EASEMENTS (Nos. 8-11)

A. Definition 16. It is inherent or inseparable from estate to which they

actively or passively belong.
Art 617
EASEMENT or REAL SERVITUDES
Is a real right which burdens a thing with a 17. It is intransmissible, i.e. it cannot be alienated
prestation consisting of determinate servitudes for separately from the tenement affected, or benefited.
the exclusive enjoyment of a person who is not its
owner or of a tenement belonging to another, 18. It is indivisible.
Is the real right over an immovable by nature i.e. Art 616
land and buildings, by virtue of which the owner
of the same has to abstain from doing or to allow 19. It has permanence, i.e. once it attaches, whether used
somebody else to do something in his property for or not, it continues and may be used anytime.
the benefit of another thing or person.
C. Classification of Servitudes
B. Essential feature of easements/real
servitudes/praedial servitudes
1. As to recipient of benefits

9. It is a real right, i.e. it gives an action in rem or real a. Real or Praedial

action against any possessor of servient estate. b. Personal
N.B.: Under Roman Law, usufruct together with
10. It is a right enjoyed over another property (jus in re usus habitatio, and operae servorum were
aliena or a right in the property of another) i.e. it classified as personal servitude]
cannot exist in ones own property (nemini nulli res sua Art 614
servit or no one can have servitude on a property of
his own). 2. As to course or origin

11. It is a right constituted over an immovable by nature a. Legal, whether for public use or for the interest of
(land and buildings), not over immovables. private persons
Art 634
12. It limits the servient owners right of ownership for the b. Voluntary
benefit of the dominant estate Right of limited use,
but no right to possess servient estate. Being an 3. As to its exercise
abnormal limitation of ownership, it cannot be Art 615
presumed.
a. Continuous
13. It creates a relation between tenements. b. Discontinuous

14. It cannot consists in requiring the owner of the 4. As indication of its existence
servient estate to do an act (servitus in faciendo Art 615
consistere nequit or servitudes may not impose
positive acts) unless the act is accessory to a praedial a. Apparent
servitude (obligation propter rem) b. Non-apparent

15. Generally, it may consist in the owner of the dominant 5. By the object or obligation imposed
estate demanding that the owner of the servient Art 616
estate refrain from doing something (servitus in non
faciendo), or that the latter permit that something be a. Positive
done over the servient property (servitus in patendo), b. Negative
but not in the right to demand that the owner of the Prescription starts to run from service of
servient estate to do something (servitus in faciendo) notarial prohibition
PROPERTY Prof. Labitag Page 21 of 30

b. To do, at his expense, all necessary works for

D. General rules relating to servitudes the use and preservation of the easement
Art 627
c. In a right of way, to ask for change in width of
1. No one can have a servitude over his own property easement sufficient for needs of dominant
(nulli res sua servit) estate
2. A servitude cannot consist in doing (servitus in Art 651
faciendo consistere nequit)
3. There cannot be a servitude over another servitude DE LUNA v ENCARNACION ()
(servitus servitudes esse non potest)
4. A servitude must be exercised civiliter, i.e. in a way 2. Obligations of the owner of dominant estate
least burdensome to the owner of the land.
5. A servitude must have a perpetual cause. a. To use the easement for benefit of
immovable and in the manner originally
E. Modes of acquiring easements established
Art 626
b. To notify owner of servient estate before
NORTH NEGROS v HIDALGO () making repairs and to make repairs in a
manner least inconvenient to servient estate
1. By title Art 627
Juridical act which give rise to the servitude e.g. c. Not to alter easement or render it more
law, donations, contracts or wills burdensome
Art 627
DUMANGAS v BISHOP OF JARO ()
VALDERRAMA v NORTH NEGROS ()
a. If easement has been acquired but no proof of
existence of easement available, and easement is d. To contribute to expenses of works necessary
one that cannot be acquired by prescription, for use and preservation of servitude, if there
then are several dominant estates, unless he
i. May be cured by deed of recognition by renounces his interest
owner of servient estate Art 628
ii. By final judgment
iii. Existence of an apparent sign considered Servient Estate
a title
Art 624 3. Rights of owner of servient estate

AMOR v FLORENTINO () a. To retain ownership and use of his property

Art 630
2. By prescription
b. To change the place and manner of use the
RONQUILLO v ROCO () easement
Art 629, 2nd Par
F. Rights and obligations of owners of dominant and
servient estates 4. Obligations of the servient estate

a. Not to impair the use of the easement

Dominant Estate Art 628, 1st Par
1. Right of owner of dominant estate b. To contribute proportionately to expenses if
he uses the easement
a. To use the easement Art 628, 2nd Par
Art 626
To exercise all rights necessary for the use of
G. Modes of extinguishment of easements
the easement
Art 625
Art 631 Easements are extinguished by:
PROPERTY Prof. Labitag Page 22 of 30

i. By agreement of the interested parties

1. Merger in the same person of the ownership of the whenever the law does not prohibit it
dominant and servient estates and no injury is suffered by a 3rd person
Must be absolute, perfect and definite, not merely ii. By the provisions of Chapter 2, Title VII,
temporary Book II of CC (Legal Easements)

2. Non-user for 10 years 2. Private legal easements provided for by the New Civil
a. Computation of the period Code
i. Discontinuous easements counted
from the day they ceased to be used a) Those established for the use of water or
ii. Continuous easements counted easements relating to waters
from the day an act adverse to the
exercise took place 1) Natural drainage of waters
b. The use by a co-owner of the dominant estate Art 637
bars prescription with respect to the others
Art 633 ONGSIAKO v ONGSIAKO ()
c. Servitudes not yet exercised cannot be
extinguished by non-use 2) Easements on lands along riverbanks
Art 638
3. Extinguishment by impossibility of use See Water Code

4. Expiration of the term or fulfillment of resolutory 3) Abutment of a dam

condition Art 639

5. Renunciation of the owner of dominant estate 4) Aqueduct

Must be specific, clear, express (distinguished Art 642
from non-user) Art 643
Art 644
6. Redemption agreed upon between the owners Art 645
Art 646
7. Other causes not mentioned in Art 631
a. Annulment or rescission of the title 5) Drawing waters and watering animals
constituting the easement Art 640
b. Termination of the right of grantor Art 641
c. Abandonment of the servient estate
d. Eminent domain 6) Stop lock or sluice gate
e. Special cause for extinction of legal easement Art 649
of rights of way; if right of way no longer
necessary b) The easement of right of way

Art 649
H. Legal Easements Art 650
Art 651
Art 652
1. Law governing legal easements Art 653
Art 654
a. For public easements Art 655
i. Special laws and regulations relating Art 656
thereto Art 657
1) PD 1067 Water Code
2) PD 705 Forestry Reform Code QUIMEN v CA (1996)
ii. Provisions of Chapter 2, Title VII, Book II CHAN v CA ()
of CC (Legal Easements) LA VISTA ASSN v CA (1997)
VDA. DE BELTAZAr v CA ()
b. For private legal easements SPS. DELA CRUZ v RAMISCAL (2005)
PROPERTY Prof. Labitag Page 23 of 30

c) The easement of party wall

Art 658 Mode and Title Differentiated

Art 659
Art 660
Art 661 MODE
Art 662 The specific cause which produces dominion and
Art 663 other real rights as a result of the co-existence of
Art 664 special status of things, capacity and intention of
Art 665 persons and fulfillment of requisites of law
Art 666 Proximate cause

d) The easement of light and view TITLE

Every juridical right which gives a means to the
Art 667 acquisition of real rights but which in itself is
Art 668 insufficient
Art 669 Remote cause
Art 670
Art 671
Art 672 Modes of Acquiring Ownership
Art 673
ORIGINAL MODES
e) The easement of drainage of buildings
Which produce the acquisition of ownership
independent of any pre-existing right of another
Art 674
person, hence, free from any burdens or
Art 675
encumbrances
Art 676
a. Occupation
f) The easement of distance for certain
b. Intellectual creation
constructions
DERIVATIVE MODES
Art 677
Art 678 Based on a right previously held by another
Art 679 person and therefore, subject to the same
Art 680 characteristics, powers, burden etc as when held
Art 681 by previous owner
Law - e.g.
g) The easement against nuisances o Registration under Act 496
o Estoppel of title
Art 682 Art 1434
Art 683 o Marriage under ACP
o Hidden treasure
h) The easement of lateral and subjacent supports o Accession
Art 445
Art 684 o Change in rivers course
Art 685 Art 461
Art 686 o Accession continua over movables
Art 687 Art 466
Art 6681
Art 1456
BOOK III DIFFERENT MODES OF ACQUIRING Art 120
OWNERSHIP
a) Donation
b) Succession
c) Prescription
d) Tradition
PROPERTY Prof. Labitag Page 24 of 30

REQUISITES:
(1) Pre-existence of right in estate of grantor
(2) Just cause or title for the transmission
(3) Intention (of both grantor and grantee)
(4) Capacity (to transmit and to acquire)
(5) An act giving it outward form, physically,
symbolically or legally
LEGAL MAXIM: Non nudis pactis, sed traditione, dominia
rerum transferentur (Not by mere agreement, but by
delivery, is ownership transferred.)
KINDS OF TRADITION
b. Real tradition
c. Constructive tradition
i. Symbolical delivery
ii. Delivery of public
instrument
iii. Traditio longamanu
iv. Traditio brevi manu
v. Traditio constitutum
possessorium
vi. Quasi-tradition
vii. Tradition by operation
of law
Occupation
Intellectual creation
Intellectual Property Code (RA 8293)
Intellectual Property Rights (IPR):
a. Copyright & related rights
b. Trademarks & service marks
c. Geographic indications
d. Industrial designs
e. Patents
f. Topographies of integrated circuits
g. Rights of performers, producers of sound
recordings & broadcasting orgs
h. Protection of undisclosed information
i. Laws repealed by the IPC
Sec 239 All acts and part of acts inconsistent with
Intellectual Property Code, particularly:
PD 49 Intellectual
Property Decree,
including PD 285 as
amended
RA 165, as amended
Patent Law
RA 166, as amended
Arts 188 and 189 of
the RPC
DONATION

a. Not applicable to ownership of a piece of land

Art 714
Nature of donation
b. Privilege to hunt and fish regulated by special law
A bilateral contract creating unilateral obligations
Art 715
on donors part
c. Occupation of a swarm of bees or domesticated
Requisites of donation
animals
Art 716
Art 560 a. Consent and capacity of the parties
b. Animus donandi (causa)
d. Pigeons and fish c. Delivery of the thing donated
Art 717 d. Form as prescribed by law

e. Hidden treasure NOTE

Art 718 There must be impoverishment (in fact) of
Art 438 donors patrimony and enrichment on part of
Art 439 donee

f. Lost movables Kinds of donation

Art 719
Art 720
1. As to its taking effect
Procedure after finding lost movables a. Inter vivos
Art 729
Art 730
Art 731
PROPERTY Prof. Labitag Page 25 of 30

b. Mortis causa
Art 728
c. Propter nuptias Who may not give or receive donations
Art 82, FC
Art 87, FC
Art 735
2. As to cause or consideration Art 737
a. Simple Art 738
b. Remuneratory Art 741
c. Onerous imposes a burden inferior to the Art 742
value of property donated
i. Improper burden equal in
Who may give or receive donations
value to property donated
ii. Sub-modo or modal E.g.
imposes a prestation upon
Art 736
donee as to how property
Art 739
donated will be applied
Art 1027
Art 882
Art 1032
iii. Mixed donations negotium
Art 740
mixtum cum donatione e.g. sale
Art 743
for price lower than value of
Art 744
property

3. As to effectivity or extinguishment Acceptance of donation

a. Pure
b. Conditional
Art 730 1. Who may accept
Art 731 Art 745
EFFECT OF AN IMPOSSIBLE Art 747
CONDITION:
c. With a term 2. Time of acceptance
a. of donation inter vivos
4. Importance of classification Art 746
a. As to form b. of donation mortis causa
b. As to governing rules
c. As to impossible conditions
Art 727 Form of donations
Art 1183

5. Characteristics of a donation mortis causa 1. Personal property

a. Convey no title or ownership before Art 748
donors death
b. Before donors death, transfer is revocable 2. Real property
c. Transfer is void if donor survives donee Art 749

6. Distinction between donation mortis causa and 3. Rules in Art 748 and Art 749 not applicable to:
donation inter vivos a. Onerous donations
a. What is important is the time of transfer of b. Modal donations
ownership even if transfer of property c. Mortis causa donations
donated may be subject to a condition or a d. Donations propter nuptias
term
b. Importance of classification validity and
revocation of donation What may be donated

1. All present property, or part thereof, of donor

PROPERTY Prof. Labitag Page 26 of 30

1. Donee may demand actual delivery of thing

a. PROVIDED, he reserves in full ownership or donated
usufruct, sufficient means for support of
himself and all relatives entitled to be 2. Donee is subrogated to rights of donor in property
supported by donor at the time of acceptance donated
Art 750 Art 754

b. PROVIDED, that no person may give or 3. Donor not obliged to warrant things donated,
receive, by way of donation, more than he EXCEPT in onerous donations in which case donor
may give or receive by will is liable for eviction up to the extent of burden
Art 752 Art 754

Also, reserves property sufficient to pay 4. Donor is liable for eviction or hidden defects in
donors debts contracted before donation, case of bad faith on his part
otherwise, donation is in fraud of creditors Art 754
Art 759
Art 1387 5. In donations propter nuptias, donor must release
property donated from mortgages and other
encumbrances, unless contrary has been
2. If donation exceeds the disposable or free portion of stipulated
his estate, donation is inofficious Art 131, CC

EXCEPTIONS 6. Donations to several donees jointly - no right of

accretion, EXCEPT
a. Donations provided for in marriage a. Donor provides otherwise
settlements between future spouses not b. Donation to husband and wife jointly with
more than 1/5 of present property right of accretion (jus accrescendi) UNLESS
Art 84, FC donor provides otherwise
Art 130, CC Art 753

b. Donations propter nuptias by an ascendant B. Special provisions

consisting of jewelry, furniture or clothing not
to exceed 1/10 of disposable portion 1. Reservation by donor of power to dispose (in
Art 1070 whole or in part) or to encumber property
donated
3. What may not be donated Art 755
2. Donation of naked ownership to one donee and
a. Future property usufruct to another
Art 751 Anything which donor cannot dispose Art 756
of at the time of donation 3. Conventional reversion in favor of donor or other
EXCEPTION person
Marriage settlements of future spouses Art 757
only in event of death to extent laid 4. Payment of donors debt
down in CC re: testamentary succession Art 758
Art 84, FC a. If expressly stipulated
Art 130 CC o Donee to pay only debts contracted
before the donation, UNLESS specified
otherwise
Effect of donation o But in no case shall donee be responsible
for debts exceeding the value of property
donated, UNLESS clearly intended
A. In general b. If there is no stipulation
o Donee answerable only for donors debt
SHOPPERS PARADISE REALTY v ROQUE (2004) only in case of donation is in fraud of
creditors
5. Illegal or impossible conditions
PROPERTY Prof. Labitag Page 27 of 30

Art 727
Art 1183 YULO AND SONS v ROMAN CATHOLIC BISHOP OF SAN
PABLO (2005)

Revocation and Reduction of Donations 3. Effect of revocation or reduction

Art 762
A. Revocation distinguished from reduction of donations Art 764 Par 2
Art 767
Revocation Reduction
4. Effect as to fruits

B. Causes of Reduction/Revocation Art 768

1. Inofficiousness of donation
Art 752 LEASE
Art 771
Art 773
Art 911
A. General characteristics of every lease
Art 912

a. Who may ask for reduction 1. Temporary duration

Art 772 2. Onerous
3. Price is fixed according to contract duration
b. Rule applied: If disposable portion is not
sufficient to cover 2 or more donation
Art 773 B. Kinds of leases

2. Subsequent birth, reappearance of child or

adoption of minor by donor 1. Lease of things movables and immovables
Art 760
2. Lease of work or contract of labor
C. Revocation only Art 1700
Art 1701
1. Ingratitude Art 1702
Art 1703
a. Causes Art 1704
Art 765 Art 1705
Art 1706
b. Time to file action for revocation Art 1707
Art 769 Art 1708
Art 1709
c. Who may file Art 1710
Art 770 Art 1711
Art 1712
d. Effect of revocation
3. Lease of services
On alienation and mortgages
Art 766 a. Household service
Art 767
b. Contract for a piece of work
2. Violation of condition Art 1713
Art 1714
a. Prescription of action Art 1715
Art 1716
b. Transmissibility of action Art 1717
PROPERTY Prof. Labitag Page 28 of 30

Art 1718 2. Consumable things cannot be the subject matter of

Art 1719 lease
Art 1720 EXCEPT
Art 1721 Art 1645
Art 1722 a. Consumable only for display or advertising
Art 1723 (Lease ad pompam et ostentationem)
Art 1724 b. Goods are accessory to an industrial
Art 1725 establishment
Art 1726
Art 1727 3. Special characteristics of lease of things
Art 1728 a. Essential purpose is to transmit the use and
Art 1729 enjoyment of a thing
Art 1730 b. Consensual
Art 1731 c. Onerous
d. Price fixed in relation to period of use or
c. Lease of services of common carriers enjoyment
Art 1732 e. Temporary
Art 1733
Art 1734 4. Lease distinguished from Sale, Usufruct, Commodatum
Art 1735
Art 1736 5. Period of lease cannot be perpetual
Art 1737
Art 1738 a. Definite period not more than 99 years
Art 1739 b. Indefinite period
Art 1740 i. Rural land
Art 1741 Art 1682
Art 1742 ii. Urban land
Art 1743 Art 1687
Art 1744
Art 1745 6. Assignment of lease
Art 1746 Art 1649
Art 1747
Art 1748 7. Sublease
Art 1749 Art 1650
Art 1750
Art 1751 a. House Rental Law (RA 9653)
Art 1752
Art 1753 b. Obligation of sublessee to lessor
Art 1754 Art 1651
Art 1755 For rents
Art 1756 Art 1652
Art 1757
Art 1758 8. Rights and obligations of lessor and lessee
Art 1759
Art 1760 a. Obligations of a lessor
Art 1761 Art 1654
Art 1762 Art 1661
Art 1763
b. Obligations of lessee
Art 1657
C. Lease of things Art 1662
Art 1663
Art 1665
1. Concept Art 1668
Art 1643 Art 1667
PROPERTY Prof. Labitag Page 29 of 30

c. Right of lessee to suspend payment of rentals Art 1687

Art 1658 Art 1675

d. Right to ask for rescission 12. Right of purchase of leased land

Art 1659 Art 1676
Art 1660 Art 1677

e. Lessor not obliged to answer for mere act of 13. Useful improvements in good faith made by lessee
trespass by a 3rd person Art 1678
Art 1664
14. Special provisions for leases of rural lands
9. Grounds for ejectment of lessee by lessor Art 1680
Art 1673 Art 1681
Art 1682
Note the grounds under the House Rental Law. Art 1683
QUERY: Are they still effective? Art 1684
Art 1685
10. Right to ask for writ of preliminary mandatory
injunction in unlawful detainer cases 15. Special provisions for leases of urban lands
Art 1674 Art 1686
Art 539, Par 2 Art 1687
Art 1688
11. Implied extension of lease
Art 1670
Art 1682
PROPERTY Prof. Labitag Page 30 of 30