em __PRUPERTY EO PROPERTY i Property as a subject Itis a branch of civil law which classifies and defines the different kinds of appropriable cbjects, their acquisition and loss, and in general, treats of the nature and consequences of real rights (PARAS, Civil Code of the Philippines Annotated Volume I, (2013), p. 1){hereinafter 2 PARAS, supra zt]. Property- All things which are, or may be the o appropriation (CIVIL CODE, Art. 414). Under civil law, property comprehends species of title, inchoate or com Classification of Things: +. Res Nullius — “belonging to 10 one” Reason: They have not yet been appropriated. a. Res Derelictae — abandoned by the owner with the intention of no longer owning them; “b. Ferae Naturae — free in their natural habitat 2, Res'Communes - “belonging to everyone;” their use and enjoyment are given to all mankind Note: They are not capable of appropriation in their entirety as such although they may be appropriated under certain conditions in a limited way (DE LEON, Property, supra at 2). AN BEDA ‘Any object which existSkA is capable oh\fp possessed, those susceptible of ¥} appropriation, | cornnion things which are physically or legally impossible to possess. (DE LEON, Comments and Cases on. Property, (2015), p. 2) [hereinafter DE LEON, Property]. terms interchangeabiy. Note: Strictly speaking, “thin with “property”. However, the =e is Ci s/of Property (USA) dlisly some human wants. ensrally economic endows @stisceptible of pecuniary roperty, supra at 2). ality — quality of having ny other thing. Thus, parts ich as the hair, blood, and Sree dy of the person to whom susceptibility of being ROPERTY EXECUTIVE COMMITTEE pone MEMBERS n if THERESE CV. SALVACION, MARC LESTER H. STA ADVISERS MARIA REGGIELEENE §. RICHARD DEAN ED VINCENT DIONISIO over-all ANGELES subject S. ALBANO, ATTY. chairperson. LYAN DAVID REENO E. FEBRERO assistant ANA, JIRAH L. JARETA, RUSSFL NICASIO c. SUANICO chairperson for - subject chair, GILBERT S$. LUBANGCO, VICSON A. CABANEIRO, ATTY. academic operations, TYRONE LEWIS D. ONG chairperson for hotel operations, DANIEL P. ANG _vice-chairperson for operations, JEFFERSON B. FERNANDEZ vice-chairperson for secretariat, CLARISA G. BELO vice-chairperson for finance, EROL STEPHEN B. PISEC vice chairperson for electronic data processing, PATRICK STEPHEN M. CUA ‘Vice-chairperson for logistics, MAICAH MARIE A. PAMFILO ‘vice-chairperson for membership GALVEZ edp, JUN MARR M. DENILA persons and family relations, NICA MARSHA V. GASAPO wills and succession, JOHN EMIL F. RECUENCO sales and lease, REX MARK M. CABANSAG credit transactions, MARISOL P. RECUERDO. land titles and deeds, RUEL NICO R. MART property, MARIA MIRELLA M. ALVERO and DION CEAZAR ‘M. PASCUA obligations and contracts, LOUGENIA. P. CARINO partnership, ‘ JESUS CLARO JR. T. CEBRIAN torts and damages, EVAN JR. C. DUSABEN conflict of aws MABANGLO, JHOANNA STEFFANY G, NARAG, JULIA ANTOINETTE S. UNARCE, JEEN LIM, DIANNE. FERRIOL, MA. REINA’ HABIJAN, ARIAN VINA L. SARMIENTO, FEROZZA DELIA C. SIMBULAN, ALEIZEL L. SANTOS, JENNY JOY GERONIMO, ANN. LAURICE SALONGA, CHRISTINE V. INTAL, JIHAN D. LLAMES, KRISTINE MAE A. CEDINO, AUDRIS BULATAO, CLARISSE NICOLE V. SOLIMAN, MYLEEN JOYCE R. FAVOREAL, EILEEN CARLA Y. CARPIO JOSFPH FERDINAND —_M. DECHAVEZ, ATTY. EFREN VINCENT M. DIZON, ATTY. CHARLITO MARTIN R. MENDOZA, ATTY. BRUCE V. RIVERA, ATTY. FRANCESCA LOURDES M. SENGAPROPERTY a. Movables that are rendered immovable by —& reason of their being immobilized by destination or through attachment to immovable; i b. Immovables but are treated as movables 9, Consumability (Movables): because they can be transplanted (e.g. a. Consumable plants) or dismantled and moved to another b. Non-consumable (Ibid. place (e.g. house of light materials) without 10. Whether in the Custody of the Court or Free: impairing their substance; and a. In custodia legis those seized by ar. officer ¢. Animals in animal houses, pigeon houses, under a writ of attachment or execution etc. (Art. 414, par. 6) which are classified as b. ‘Free property (ibid, immovable though transferable from place to place or they can move by themselves Importance of Classification: (DE LEON, Property, supra at 9-10). The classification of property into immovables and movables does not assume its importance from the fact of mobility or non-mobility, but from the fact that " ions of the law govern the acquisition a. Public dominion : 3 position, loss, and registration of b. Private dominion (DE Li al supra at 6°2),) einiematic general rule is 2.Alienabilit ales 2 y the law of the a. : b. Outside the 3.Existence: a. Present or Existi es.existe’ 2 ion, in order that the b. Future property ja.) ‘ Bi Gian in le may be valid, it must a. seen or touched) «- ’ - aw;-UsUrpation of property can take t. Intangible or Incotpgreal (ri gr e I ttre ict to real property; while i e e re be committed oniy with yperty. dean Ure;s actions concerning real Note: The Philippine p os in the RTC where the to be exported may be A ahy“ part thereof lies, whereas therefore be treated a: re ‘ ae brought in the court where € ndai bills carried in excess % of its defendants reside of Bangko Sentral may 6 iere the plaintiff or ary of the e-(DE LEON, Property, supra at (Commissioner of Custo ‘ he wk z No. i-11075, June 30, 1960} pnly real property can be the of real mortgage and antichresis, /-Bersonal property can be the subject df simple loan or mutuum, voluntary 5. Dependerice or Importance: a. Principal < b. Accessory (Ibid). 7 ew depdsit, pledge, and chattel mortgage. (DE 6. Capability of Substitution: or S2:LEON, Property, supra at 8-9). a. Fungible “ 6 Inder the law on Presoription, ownership of real b. Non-fungible (DE-LEON, Property, supra at property may be acquired by scription, 6-7). although there is bad faith, in thirty (30) years 7. Definiteness or Nature: (CIVIL CODE, Art. 1137), whereas the period is a. Generic or Indeterminate — referring to a only four (4) years, if in good faith and eight (8) group or class years without need of any condition, in the case b. Specific or Determinate - referring to a of movables (CIVIL CODE, Art. 1132). single, unique object (Id.). - . 7 Im order to affect third persons, generally, transactions involving real property must be recorded in the Registry of Property; however, said registration requirement is not necessary with respect to personal property, except in the case of chattel mortgage (CIVIL CODE, Art. Correlation: Under the Law on Sales, a thing is determinate or specific when it is particuiarly designated or physically segregated from all others of the sarne class (CIVIL CODE, Art. 1460). 2140) (DE LEON, Property, supra at 8-9). SAN BEDA COLLEGE OF Law 74 2016 CENTRALIZED BAR OPERATIONSNote: The human body, whether alive, or dead, is a. Spouse; neither real nor personal property, for it is not even appropriated although there is a right of possession over it for burial purposes. Under certain conditions, TT cs NUPEN IY __ June Note: Parties to a contract may treat as personal 2. R.A. No. 7170: Organ Donation Act of 1994 property that which by nature is real property. Under this law, any individual, at least eighteen However, the true reason why the agreement would (18) years of age and of sound mind, may give be valid between the parties is the application of by way of legacy, to take effect after his death, estoppel and it is a familiar phenomenon to see all or part of his body for medical or dental things classed as real property for purposes of education, research, advancement of medical or taxation which on general princivic night be dental science, therapy or transplantation, as considered personal property (Standard Oil Co. v. the case may be. Jaramillo, G.R. No. L- 20329, March 16, 1923). ee Persons who may execute denation: b. Son or daughter of legal age; property at all, in tha: generally, it cannot be c. Either parent; d e Brother or sister of legal age; or Guardian over the person of the decedent at the body of a person or parts thereof may be the "the time of his death (RA. 7170, Sec. 4, subject matter of a transaction (2 PARAS, sup m Par. a). RA. 343: Pormissions to Use Human Portions of the™! 4 Surgical, or. Séie BA r surceon; iedical or dental school, 196 facility: or dual (R.A. 7170, Sec. 6). Blood Services Act of organ, part or parts oft : I same for medical, , ie E /oluntary blood donation to purposes. Similar authori 9 , BB A ply of human blood for the utilization tor. fpedical scientific purposes, of an} the body which, for ar syoult 9 a be detached from the Bo g & é fie/people and has mandated 349, Sec. 1). . eo gfa! mdasilfos+to attain this objective. One of Requisites for authorization: a. It must be in writing; eeiete b. It must specify the pers ‘it Sas;that is, the promotion of public health granted the authorization, thé t Sefroviding a safe and adequaie supply of paris to be detached, the use ortuses of Hee d through voluntary blood donation. By its organ, part or parts to be employed; and.” “SSprovisions, it has confeired the power end It must be signed by the grantor and two “authority fo the Secretary of Health as to its disinterested witnesses (R.A. 349, Sec.2). execution, to be exercised under and in pursuance of the law (Beltran v. The Secretary Under R.A. No. 349, consent to organ retrieval of Health, GR. No. 133640, November 25, after the patient’s death may be given, first and 2008). foremost, by the patient’s nearest relative or guardian’ at the time of death, It is only in the Right as Property: event that these relatives cannot be contacted i. A real right or jus in re is the right or interest despite reasonable efforts that the head of the belonging to a person over a specific thing hospital or institution having custody of the body without @ definite passive subject against whom may give consent for organ retrieval on behalf of such right may be personally enforced. the patient. Failing this, liability for damages arises (Alano v. Magud-Logmao, G.R. No. 175540, April 7, 2014). - SAN BEDA COLLEGE OF Law 2016 CENTRALIZED BAR OPERATIONS «75PROPERTY Classification of Real Dominion: i 1. Domino pleno — the powers to enjéy and to dispose are united (e.g. dominion; civil possession; and hereditary right) 2. Domino menos pleno - the powers to enjoy and to dispose are separated (e.g. surface right; and usufruct) 3. Domino limitado - the powers to enjoy and to dispose, though united, are limited by a charge (e.g. 2asement, tax); by a guaranty (e.g. mortgage, pledge); by a privilege (e.g. pre- emption, redemption, lease record) (DE LEON, Property, supra at 4). Rights Based on A percenal right or jus In personam or jus ad rem is the right or power ofa nerson (creditor of RGN Mare eat ene Pee cee cee ‘There is a definite} active subject who has | a ight against all persons general'y as an’ indefinite passive | subject. (DE LEON, | Property, supra at 5-6). ae The object is generally a corporeal thing (Ibid.). | in CSET cee tn Ps: Sea uoac He generally acts directly (ibid). throug Soe ied by “made title” (Ibi). Petes | Generally, it is extinguished by the loss or destruction of the thing over which it is exercised (Ibid.). and Personal the subject (ibid.). . matter an SAN PFDA COLLEGE OF Law Goat inoeincas oR parser) Rate ea Clits Buriat g ony 3 Sieur itis Uiecied against the [It is binding whole world, giving rise-| enforceable to real actions:(action in | against. a or only particular rem) against third | person (the debtor), persons (Ibid. giving rise to personal | actions (action in | personam) ea such { debtor (Ibid.). | IMMOVABLE PROPERTIES Categories: (NIDA) 1. Real by Nature — it cannot be carried from piace to place (CIVIL CODE, Art 416, Pars. 1.2 & 8). corporation - attached to an ja fixed manner to be an integral IVIL CODEpApt-15, Pars. 1-4 & dlsby Destination iW in an immovable Fhe pu {So classified by express ODE, Art. 415 per. 10) ‘ hoveeful yes is a personal Raper but beige it (used to cover a land, it becomes Jirgmovableagain. (2 PARAS, supra at 13) ili pimmovables by incorporation. rence to the land must be land substantial. They are more —of a permanent structure, intially adhering to the land, and not fe-Superimpositions on the land like jardhg-barongs or quonset fixtures and “provided there is intent of permanent annexation (Ibid.). Portable structures are not immovables. A house and/or materials of such house should be regarded as personal properties (Biscerra v. Teneza, GR. No. L-16218, November 29, 1962) Basis: Principle of Accession - the building is immovable property whether it is erected by the owner, usufructuary, or lessee of the land (Ladera v. Hodges, CA G.R. No. 8027-R, September 23, 1952).PROPERTY The building and the land on which it is erected are separate immovable properties (Lopez v. Orosa G.R. No. L-10817-18, February 28 1958) A house may be the object of a chattel mortgage contract; provided that a. The parties to the contract so agree; and b. No innocent third parties will be prejudiced. Basis: Principle of Estoppel. However this view is good only insofar as the contracting patties are concerned. It is not ap rangers. to said contracts (Evangelista v. Alto Surety & Insurance Co., Inc., G.R. No. L-11139, April 23, 1958). 4 hullding is real property annotated in the ttel Mortgage Registry cannot be given the legal effect of. registration in the Registry of Real Property (Leung Yee v. Strong Machinery Co., G.R. No, L-11658, February 15, 1918) thus, its sale as Where a building is sold to be demolished immediately, it is to be regarded as movable because the subject matter of the contract is really the materials thereof (Bautista v. Supnad, C.A. 59 0.G. 1575) “Constructions. of All Kinds"- the attachment must be more or less permanent (intent to attach pertanentiyais. important) (2 PARAS, supra at 18) > c. Roads, whether public or private, are immovable. They are: considered integral parts of the land. Examples of constrictions are railroads. A wali or fence -is.to be, regarded as a construction by incor as long as there is intent to attach” it permanently although it is merely made to rest on the land (DE LEON, Property, supra at 13). Trees, plants, and growing fruits They are immovable property on the theory that ihey derive their existence or sustenance from the soil (DE LEON, Property, supra at 19) However, when trees are cut or uprooted, incorporation ceases and they become movables except in the case of uprooted timber. It is still an integral part of an immovable property when it constitutes the natural product ot the iatter (2 PARAS, supra at 18). 4, Inasmuch as the law makes no distinction. growing crops whether on one’s land or on another's, as in the case of usufructuary. a possessor or a tenant, should be considered as real property (2 PARAS, supra at 19-20) On the other hand. cnce they have béen severed they besome personal property. Sale of growing crops is saie of personal property (3 Manresa 22) because wien the crops are soid it is understcod that thev are to be gathered Everything attached to an immovable in a fixed manner The attachment need not be made by the owner. cannot be separated from the breakage or injury, in cas It (attachment) must be such that it of separation. mus be substantial (2 PARAS, supra at 20), The fact that the machineries were bolted or cemented on real property mortgaged does not make them ipso facto immovable under Article 415 (3) and (5) as the parties’ intent has to be looked into. Even if the properties appear to be immovable by nature, nothing prohibits the patties from treeting them as chattels to secure amr obiigation under the prirciple of estoppe! (Tsaiv: CA, G.R. No. 120098, October 2, 2001) i@ property like a water pump and its a jes can. be separated from the immovable without being broken or suffering deterioration as, when such removal involved nothing more complicated than the loosening of bolts or dismantling of fasteners, said property is not immovable under par. 3 (Yap v. Tanada, G.R.No. L-32917, July 18, 1988}. ‘Statues, reliefs, paintings, or other objects for useor ornamentation Requisites: a. b. °, It is an object of ornamentation or object of use (DE LEON, Property, supra at 21-22); The property is placed on a building or land (id); it must be placed by the owner of the immovable (buildings or lands) — The owier of the immovable may act through his agent or duly appointed guardian (Id.); and There is an intention of permanent annexation of attachment, even if adherence will net involve breakage or injury — this is the main consideration | (bic). SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OPERATION 77PROPERTY Distinctions between Paragraphs 3 and 4 of Article 415 not be separated from immovable without | from | | breaking or deterioration | without breaking or (2 PARAS, supra at 2). deterioration (Ibid.). Need not be placed by | Must be placed by the the owner (Ibid.) owner or his agent | (ibid). Real properly by | Real property by incorporation (Ibid. incorporation or l _____| ¢estination (Ibid, 5. Machinery, receptacles, instruments, or implements for an industry or works Machinery is a coliective term appliances used in the industrial Property, supra at 23). < c Equipment. coverssphysical facilities avai for production, in and tools (id.). AY geeieeseceinncen Implements pertain toiwhatever may supply a want especially an instrument, tcol 0 Utensil (ibid). 4 : Requisites: a. It must be placéd® tenement or his ag b. The industry cr wo! @ building or on apie ©. The machinery, etc, meet the needs of works; and ~ d. Machineries must be principal element of without which such it be unable to functioi industrial. purpose for established and 2 incidental (Mindanao Bus 0. Assessor and Treasurer, G.R. NO. L-176 September 29, 1962). oe The equipment and living quarters of the crew, being permanently attached to the platform which is also an immovable, are immovables. This is especially so that they are intended to meet the needs of the business and industry of the corporation (Fels Energy, Inc. v. Province of Batangas, G.R. No. 168557, Feb 16, 2007) Machinery, movable in nature, becomes immobilized when placed on a plant by the owner of the property but not so when placed by a tenant, usuf-uctuary or a perscn having only a temporary right, unless: (a) such person acted 7g SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED Br? OPERATIONS labia! buildings)machineries ~ COLE ‘as agent of the owner of the land; or (b) when the tenant had promised to leave the machinery ‘on the tenement at the end of the lease (Davao Sawmill Co. v. Castillo, G.R. No. L- 40411 August 7, 1938). According tc the Principle of Estoppel, where a chattel mortgage is constituted on a machinery permanently attached to the ground, the machinery is to be regarded as personal property as long as the parties to the contract so agrees and no innocent third party will be prejudiced thereby «(Makati Leasing and Financial Corporation v. Wearever Textile Mills, Inc., G.R. No. L-58469, May 16, 1983) The special civil action of replevin is applicable NV"15:-personal property. It cannot be filed ~-awhenthe subject machinery and equipment had s cee movable property (Machinery & Engineering Supplies, Inc.jv. CA, G.R. No. L- 157}, October 29, 196. ‘olds, dad Ste! supports or towers of an electric ny are not realiproperty for the purpose of perty tax "since they are merely a squafe metal frame by means of could: easily be dismantled and Tom place’ to place (Board of Agpeals v. MERALCO, G.R. No. L- n the Effect of the fion of Movables from val ich’they are Attached: ycontinug to be regarded as immovables 5 long as they are utilized or still needed in the/industry (Supported by Atty. De Leon). Fact of separation determines the condition of t (supported by Justice Paras and Dr. “teriporarily separated from the ablé shall continue to be regarded as ovables if there is intent to put them back Partidas). SThe material fact of incorporation or ™ separation is what determines the condition of these objects; so that as soon as they are separated from the tenement, they recover their condition as movables irrespective of the intention of the owner (2 Navarro Amandi 14- 15) If the machine is still in the building, but is no longer used in the industry, the machine feverts to the condition of a chattel. On the other hand, if still needed for the industry, but separated from the tenement temporarily, the property continues to be an immovable (2 PARAS, supra at 23).PROPERTY Animal houses, pigeon houses, beehives, 9. fish ponds or breeding places of similar nature Requisites: a. Placed by the owner, or agent of the owner, wit! permanent attachment, and b. Forms a permanent part of the immovable (2 PARAS, supra at 21). by a tenant as the intention of In case: of alienation, if the ouilding or tenement in which the animals are placed is also alienated, they are to regarded immovable. However, when the animals inside the permanent animal houses are alienated onerously or gratuitously, it is believed that the transaction is an alienation of personal: property 2 PARAS. supra at 27) ‘Also, animals are to be regarded as personal property for purposes of criminal law (DE LEON, Property, supra at 29). ‘Animals which are temporarily outside may still be considered real property, as long as the intent to return is present, as in the case of homing pigeon (2 PARAS, supra at 27). Fertilizer This is an immovable by destination (DE LEON, Propety, supra at 29-30). The term “actually used” moans..thatsit. has . been spread over the land (Ibid.). : Fertilizers kept in a bam or still in: their containers should be regarded as movables (Ibid) Mines, quarries and slag dumps They are considered as realty only if ther : remains unsevered from the soil, Once se\ they become personally (Ibid. ; tie saat Quarries - lands where stones are chipped of or Mines - mineral lands where excavz done to extract minerals (includes when still attached thereto) (Ibid. 10: Docks and Structures Since “waters either running or stagnant” are considered immovables, it is logical that constructions united to’ them in a fixed and permanent manner are also inimovable (Ibid). Vessels “are considered personal property under the Civil Law as well as under the common law, although occasionally referred to as.a peculiar kind of personal property (Phil Refining Co., Inc. v; Jarque, G.R. No. 41506, March 25, 1935) Although: vassels are personal property, they partake to a certain extent of the nature and conditions of real property because of their value and importance in the world of commerce (Rubiso v. Rivera. G.P. No. L- 15260. August 18, 1920). Power barges are categorized as immovable property by destination, being the nature of machinery and other implements intended by the owner for an industry or work which may be cartied on in a building or on a piece of land and which tend directly to meet the needs of ‘said industry or work (Fels Energy, Inc v. Province of Batangas, supra) Contracts for Public works, and servitudes fies referrad to in par. 10 are not material it fights, which are necessarily intangible (3 Manresa 11). Where the res of a réal right is real property, the right fself is real property; but where it is personal property, the right itself is personal property. Hence, ownership is real property if the thing. owned is immovable and personel “property if' movable (DE LEON, Property, supra at 32)) ik péisonal right is always regarded as personal property. The exception is in the case of contracts for public works which are considered as real property (Ibid) where sand is being extracted; once extracted © MOVABLE PROPERTIES they become movables (Ibid. Tests: 1. By description Slag dumps - dirt and soil taken from a mine and piled upon the surface of the ground (bid.). Waters - those still attached to or running thru the soil or ground (lid). Waters which are immovable, such as sea, river or lake must not be confused with “water” itself which is plainly movable property (Ibid. a. Whether the property can be transported or carried from place to place; and b. whether such change of location can be made without injuring the immovable to which the object may be attached. By exclusion -- whether the object does not falt within any of the ten (10) cases enumerated in Article 415 (2 PARAS, supra at 34). SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED PAR OPERATIONS 79PROPERTY Kinds of Movable Properties: (AS-F-TOS) 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 personalty (CIVIL CODE, Arts. 416-417). Although Art. 415 /2) of the Civil Code considers growing crops as immovable, they are, however, recognized as personal property by the Chattel Morigage Law (Act No. 1508, Sec. 7) for purposes of chattel mortgage contracts (Sibal v. Valdez, G.R. No, L-26278, August 4, 1927). 3. Forces of nature which are brought under control by science. llustrations: electricity, gas, rays, heat, oxygen, atomic energy, water powerg It is true that electricity is no long regarded by tencing the same without it court order. Because of this, "a’Who owns the same land which “cultivating for 19 years, through t off. and prevented the workers from the fence. In a grave coercion case, preme Court acquitted the accused, ig that the use of such necessary force to protect proprietary or possessory rights ebnstitutes a justifying circumstance under our penal laws (People v. Pletcha, G.R. No. 19029, dune 27, 1977) Right to Enclose or Fence Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, cr by any other means without detriment to Servitudes constituted thereon (CIVIL CODE, Art. 430). Every owner has an absolute right over his property and his. act of fencing and enclosing the same was an act which he may lawfully perform in the exercisePROPERTY of said right. Thus, damages arising from the act of the owner in building a fence within the latter's lot is considered damnum absque injuria, since it is the owner's legal right to do so (Custodio v. CA, GR. No. 11100, February 9, 1996). Obligation to Respect the Rights of Others The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person (sic utere tuo ut alienum non iaedas) (CIVIL CODE, Art. 431). Adjoining landowners have mutual and reciprocai duties which require that each must use his own and in @ reasonable manner, so as not to infringe upon the rights and interests of others. The structures must be so constructed and maint: using all reasonable care so that they care dangerous to adjoining landowners: and an withstand the usual and expected forées of nature. If the structures cause injury or damage to an adjoining landowner or a third person, the-iattét, dan, claim indemnification: for. the injury. or dama suffered (Andamo ¥%. MAC, G.R. No. November 6, 1990) ‘An owner cannot be debated from the legitimate use of his property simply because it- may. a real damage to his neighbor (Higgins Oil & Fuel Co. v. Guaranty Oil Co., 145 [a 283, 82 So..206, as dited == es in Tolentino) Doctrine of Incomplete Kise Necessity (CIVIL CODE, Art, 432) lesser in value to avert the danger poised property, the value of whichis much PARAS, supra at 150-151) Basis: There is no unlawfulaggression wi person or group of person acts Bufsant to,the given in a state of necessity (DE “roperty, supra at 108). SS Article 432 is based on what is known as the st&fe‘of necessity, a justifying -circumstance recognized in the Revised Penal Code (Art. 11) but which does not also exempt the offender from civil liability. It likewise embodies the principle of “the least evil’ rule, i¢., that as between two evils, one is justified in choosing the lesser evil (Ibid.). Note: It is also for the purpose of protecting the actor himself or another person at the expense of the owner of the property who has no part in the state of necessity (Ibid.) The owner of the sacrificial property is, obliged to tolerate the act of destruction but is entitled to raimbursemens by all those who venetited tnrougn the act or event. (CIVIL CODE, Art. 432) Basis of Reimbursement: the benefit derived Requisttss: (ID) Interferenc® necessary to avert an imminent and threatened danger to the actor or a third person; and 2. Damage to another is much greater than damage to property (DE LEON. Property supra at 109). lilustrations: The aitacking animal, belonging to another, may be killed by the victim; a house in the path of a fire may be demolished; and a dike may be destroyed at one point to prevent a flood over other ‘Places (2:7OLENTINO, supra at 68). Rite” BRA, Aie Deprivation of Property lf the depi is in the exercise of the power of eminénf'domain, no person shali be deprived of his property except, by competent authority and for ‘public sé and\salways/ upon payment of just smpensation ue Cope ‘Art. 435). F-seizur2 of property is in the wer in the interest of health, fhe owner thereof shall not be tion, unless he can show that or seizure is unjustified safety. or. security,” one to compens ich > ‘voridemnat wr ae ‘Parcel of land is the owner of its fhing under it (CIVIL CODE, Art. oterHorizontaly: extends up to the boundaries ““(RABUYA Property, (2008), p. 142) [hereinafter UYA, supra at]. Vertically: extends below the surface and above it to the extent required by the economic interest of or utility to the owner, in relation to the exploitation that may be made of the property (Ibid. Airspace: The owner cannot complain of the reasonable requirements of acrial navigation (Ibid.). The rights over the land are indivisible and that the land itself cannot be half-agricultural and hall mineral. The classification must be categorical - the iand must be either completely mineral or SAN BEDA COLLEGE OF LAW 2016 CENTRALIZED BAR OpeRatIONs 89PROPERTY completely agricultural. In the instant case, the land which was criginally classified as forest land ceased fo be so and became mineral — and completely mineral — once the mining claims were perfected. As long as mining operations were being undertaken thereon, or underneath, it did not cease to be so and become agricultural, even if only partly 80, because it was enclosed with a fence and was Cultivated by those who were unlawfully occupying the surface (Republic v. CA, Dela Rosa, G.R. No, (_ 43938, April 15, 1988) Restrictions: Servitudes 0; easements Special laws Ordinances Reasonable requirements of aerial navigation Principles on human relations a, Persons (2 PARAS, supra at 196). BPone Hidden Treasure - Requisites ior the Property t be cénsidere d Hidden Treasure: COL LE 1. Hidden and unknown-deposit (such that findir it would indeed be a discovery), © x 2. It consists of money,-jewelry, of other precious objects; and \S i ede 3. Their lawful owner di CODE, Arts. 438 & 439)~, General Rule: It belongs {6 the, building or other property SWhi CODE, Arts, 438 provided: “ 1. Discovery was made on‘ oF of the State or any of its Polit The finding was made by ohanie The finder is not a co-ownée\p: where it is found; ji The finder is not a trespasser; The finder is not an agent of the If The finder is not married under the-abselie community or the’ conjugal partnership system (otherwise his share belongs to the community) (2PARAS, supra at 198-201) en Pan It is necessary ‘hat-no known owner appears “Hence, the money found in a library, when the books. were delivered to the legatees in a testamentary proceeding, could not be considered a treasure because it was shown that the library had been used by the testator and that money consisted, in greater part, of this kind in circulation during the life of the testator” (1 Capistrano 394), “And By Chance” — “by good luck,” implying that one who intentionally looks for the treasure is 90 SAN Bea Cottece oF Law 2016 CENTRALIZED BAR OPERATIONS embraced in the provision (DE LEON, Property, supra at 134). Reason: It is extremely difficult to find hidden treasure without looking for it deliberately, for in many instances, the treasure is buried (2 PARAS, supra at 199) Stranger — anyone who has absolutely no right over the immovable or the thing.in which the treasure is found. The term also includes a lessee, a usufructuary, or a paid laborer working for the owner of the land, provided he has not been engaged Precisely to look for hidden treasure (TOLENTINO, Civil Code, supra at 94). 2 of a usufructuary, he shall be considered a spect to hidden treasure which may 6 sland or tenement (CIVIL CODE, Art This means that the usufructuary does not get a share. However, if he is the finder, ho gets one- 3 Bate) As such finder. SS “pile fihder is a\ paid lapbie of the landowner, a distinction must be matle.-If he discovered the 45 ince, ‘He#géts half. If he had been cisely to.Ibok for the treasure, he will far as the treasure is concemed: but Wages oF Salary (3 Manresa 165-166). d.do not qualify as a hidden Occupation, as a mode of 7 would be applicable nt, “treasure conceals it from the ‘which it is found, he does not fare; but he becomes liable civilly akihg something not belonging to je-share of the landowner. He will Ble for all. the consequences of d faith with respect to the loss or iofPof the thing (2 TOLENTINO, supra at 2ekion The right by virtue of which the owner of a thing becomes the owner of everything that is produced thereby or which is incorporated or attached thereto, either naturally or artificially (CIVIL CODE, Arts. 440. 475). In general, the right of accession is automatic, Fequiring no prior act on the part of the owner of tie principal (Villanueva v. Claustro, G.R. No. L-6610, August 24, 1912)PROPERTY Art. 440 do not apply to property of public domain (Sps. Gulla v. Heirs of Labrador, G.R. No, 149418, July 27, 2006). Accession is not a mode of acquiring cwnership. It is merely an incidence or consequence of ownership (DE LEON, Property, supra at 137) Basis: It presupposes a previously existing ownership by the owner over the principal which is not necessary in modes of acquiring ownership (ibid.). ___ Accession v. Accessories Accession poet The fruits of, or| Things joined to or additions to, or | included -—_with improvements upon, a | principal thing: for better use? <= "or" completion (Ibid, It must go together wil the principal (Ibid. Classificaiions: caso Accession Discreta— the right pertaining to the owner of a thing ovér everything produced . thereby (DE LEON, Property, supra at 138)» Reason: Justice pure and simple for one who (ibid.) Requisites: (ORI) a. Increase or addition to the Origin b. At Repeated intervals; c. By Inherent forces (Ibid) Fruits ee All periodical additions ‘to “a” principal produced by forces inherenit to'the thing it Kinds of Fruits a. Natural Fruits i. _ spontaneous products of thes <— ji, the young and other products of afimals (CIVIL CODE, Art. 442, Par. 1). Rule of Partus Sequitur Ventrem (the * offspring follows the dam/mother): To the owner of the female animals would also belong the young of such animals although this right is lost when the owner mixes his cattle with those of another (DE LEON, Property, supra at 140). Reason: First, it is not known who the male is. Second, during the pregnancy of the female, its owner is greatly burdened by the consequential expenses and virtual, Sage | thing (principal) (Ibid). | latter's embellishment: i. uselessness of the animal, and it is only fair that when the young is born, the owner should gain, or at least recover his loss (DE LEON, Property, supra at 140-141) b. Industrial Fruits — those produced by lands of any- kind through cultivation or labor (CIVIL CODE. Art. 442, Par. 2) Perennial crops growing per season without the need of replanting are natural fruits (DE LEON, Property, supra at 141). Annual crops planted each year are industrial fruits (Ibid) ¢. Civil Fruits rents of buildings’ =price of leases or lands; and i aaron of perpetual or life annuities or*éther similar: income (CIVIL CODE, Art, 442, Pary 3). ing property is tot a civil fruit of the dperty having no immediate perty but only a remote lirelation, not derived from ihe r based on the value thereof tor. Co. v. Talisay-Silay Milling 3223, September 17, 1931). Fruits ‘bélongs’ tne ‘na fal, industrial, and civil fruits HEIL LODE, 4 PARAS, supra at 200)" “Obligation of Recipient of Fruits to Reimburse Necessary Expenses of Third Persons General Rule: Necessary (not luxurious) expenses of production, gathering and preservation (whether more or less than the value of the fruits) must be borne by the receiver of the fruits (CIVIL CODE, Art. 443). Applies where: a. The owner of the property recovers the same from a possessor and the latter has not yet received the fruits although they may Sax BEDA COLLEGE oF Law 2016 CENTRALIZED BAR OPERATIONS — 9192 PROPERTY have already been gathered or harvested: or b. The possessor had already received the fruits but is ordered to return the same to the owner (DE LEON, Property, supra at 141) Note: The above provision is not applicable when the planter is in gocd faith because in this case, he is entitled to the fruits already received; hence there is no necessity of reimbursing him (See CIVIL CODE, Art. 544), Note: The good or bad faith of the possessor is material where the fruits ar still pending (ungathered) at the tir gave up his possession. Inzaqyg 443 should be read in Articles 544 to 651 (DE LI supra at 141) Note: A possesé in nore Whatsoever to" If pending, except-dply) necessary ex; enses for gathered fruits (fa- at 389). : Exception: The fule,does not always-an ‘aly to pending fruits wate Art * x When Natural Fruits\and Industri Deemed to Exist (CIVIL €ODE, Art. 444) Natural and indust its: ungathered are real a. Plants producing ofié perish ~ They are dedi from the time their the ground b. Plants and trees. livir producing periodic frui to have existed from the timeth appeared on the plants or trees ©. Animals ~ They are deemed to have g at the beginning of the maximum périod of gestation G. Fowls ~ the fact of appearance retroact to the beginning of incubation (3 Manresa 190- 791 as cited in DE LEON, Property supra at. 145). Rule for Civil Fruits as Distinguished from Natural and Industrial Fruits Civil fruits are easily prorated for under Art, 544 of the Civil Code, they are deemed to accrue daily. They are considered in the category of Personal property and belong to the possessor in good faith in that Proportion while natural and SAN BEDA COLLEGE OF LAW 2016 CenTRALIZED Bar OPERATIONS ane JFruits Stéd_ = industrial fruits ordinarily cannot be prorated and are considered real property while still growing (2 PARAS, supra at 216). Accession Continua — The right pertaining to the owner. of a thing over everything that is incorporated or attached thereto either naturally or artificially; by extemal forces (2 PARAS, supra at 204) Reasons: Economic convenience is better attained in a state of single ownership than in a o-ownership, and natural justice demands that the owner of the principal should also own the accessory (2 PARAS, supra at 207). zession industriai ~- building, planting, wet With respect to real property Ssion natural -- alluvium, avulsion, chalige of course gf-tivers, formation of 2% islands iples:(GONE-BAD) 10 is if’ Good faith may be held ible but will not be penalized, Qwitér“of a thing betongs the rease of such thing. Bad faith. offoné party Neutralizes the bad * “Uaithyof the other d._ There stould be no unjust Enrichment at the ~ expense ofethers. ae Bad faith involves liability for damages. ‘Accessory folfows the principal. ‘coessiof éxists only if the incorporation is Ny aration would either seriously @ thing ‘or Diminish its value jeneral Rule: Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon belong to the owner of the land subject to the provisions Of Arts. 447-456 (CIVIL CODE, Art. 445) and Article 120 of the Family Code. Scope of Building The term “building” is a generic term for all cctural work with roof, built for the purpose of being used as man's dwelling, or for offices, clubs, theaters, etc. A warehouse is not a building (DE LEON, Property, supra at 148).