College of Business Administration EducationLegal Management Bolton Street, Davao City Personal Law Notes Jedi Bentillo LAW ON PROPERTIES (Civil Code) land, and forming a permanent part of it; the animals in those 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; and (10) Contracts for public works, and servitudes and other real rights over immovable property PROPERTY DEFINED All things which are, or may be the object of appropriation (Art. 414, CC) Requisites: (USA) 1. Utility 2. Substantivity or individuality 3. Appropriability CLASSIFICATION OF PROPERTIES NATURE A. B. Immovable A. B. Properties (Real Properties) C. Movable Properties (Personal D. Properties) OWNERSHIP Public Dominion Patrimonial Property Property Of Local Government Units (LGUs) Private Ownership I. BY NATURE A. IMMOVABLE PROPERTIES (Art. 415, by paragraphs) (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; Requisites: a. made by owner b. industry or works carried on building or on land c. machines, etc must tend directly to meet needs of the industry or works d. machines, etc. must be essential and principal elements of the industry. (6) Animal houses, pigeon-houses, beehives, fishponds or breeding places of similar nature, in case their owner has placed or preserved them, with the intention to have them permanently attached to the Categories: (NIDA) 1. Real by nature – it cannot be carried from place to place (pars. 1 & 8, Art. 415, Civil Code) 2. Real by incorporation – attached to an immovable in a fixed manner to be an integral part thereof (pars. 1-3 Art. 415, Civil Code) 3. Real by destination – placed in a n immovable for the utility it gives to the activity carried thereon (pars. 4-7 and 9 Art. 415, Civil Code) 4. By analogy it is so classified by express provision of law (par. 10, Art. 415, Civil Code) B. MOVABLE PROPERTIES (Art. 416, by paragraphs, SRFT ) 1) Those movables susceptible of appropriation which are not included in the preceding article; 2) Real property which by any special provision of law is considered as personalty; 3) Forces of nature which are brought under control of 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; (Art. 417, by paragraphs) 1) 2) Obligations and actions which have for their object movables or demandable sums; and Shares of stock of agricultural, commercial and industrial entities, although they have real estate. TESTS: a) By e x c l u s i o n : movables a r e everything not included in Art. 415. b) By description: an object is movable if it possesses: 1) Ability to change location 2) Without substantial injury to the immovable to which it is attached. College of Business Administration Education Legal Management Bolton Street, Davao City Personal Law Notes Jedi Bentillo II. BY OWNERSHIP Important Doctrines/principles on immovable and movable properties: a) A Building is an immovable even if not erected by the owner of the land. The only criterion is union or incorporation with the soil. (Ladera vs. Hodges, 48 O.G. 4374). b) Parties to a contract may by agreement treat as personal properties that which by nature would be real property; and it is a familiar phenomenon to see things classes as real property for purposes of taxation which on general principle might be considered personal property (Standard Oil Co. vs. Jaranillo, 44 Phil 631). c) For purposes of attachment and execution and for purposes of the Chattel Mortgage Law, ungathered products have the nature of personal property. (Sibal vs. Valdez, 50 Phil, 512). d) The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot be appropriated. Under certain conditions, the body of a person or parts thereof may be subject matter of a transaction. (See RA No. 349, RA No. 7170, RA No. 7719). e) What is the effect of temporary separation of movables from the immovables to which they have been attached? 2 Views: 1) They continue to be regarded as immovables. 2) Fact of separation determines the condition of the objects thus recovering their condition as movables. * the latter view is supported by Paras and Tolentino who maintains that the failure of the codifiers to reproduce the provision of the partidas on the matter is an indication that they did not intend the rule to continue. f) A building that is to be sold or mortgaged and which would be immediately demolished may be considered personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel mortgage respectively, for the true object of the contract would be the materials. A. PROPERTY OF PUBLIC DOMINION Concept: It is not owned by the state but pertains to the state, which, as territorial sovereign exercises certain juridical prerogatives over such property. The ownership of such properties is in the social group, whether national, provincial or municipal. Purpose: To serve the citizens and not the state as a juridical person. Kinds: 1. Those intended for public use 2. Those which are not for public use but intended for public service 3. Those intended for the development of the national wealth CHARACTERISTICS: 1. Outside the commerce of man 2. Inalienable. But when no longer needed for public use or service, may be declared patrimonial property. In Laurel vs. Garcia (187 SCRA 797), the Supreme Court held that “whether or not the Roppongi and related properties will eventually be sold is a policy determination where both the President and Congress must concur”. 3. Cannot be acquired by prescription 4. Not subject to attachment or execution 5. Cannot be burdened with easements NOTE: They cannot be registered under the land registration law and be the subject of a Torrens title. The character of public property is not affected by possession or even a Torrens Title in favor of private persons. (Palanca vs. Commonwealth, 69 Phil. 449). B. PATRIMONIAL PROPERTY OF THE STATE Property of the State owned by it in its private or proprietary capacity. the state has the same rights over this kind of property as a private individual in relation to his own private property C. PROPERTY UNITS (LGUs) 1. OF LOCAL GOVERNMENT Property for public use – consist of roads, streets, squares, fountains, public waters, promenades and public works for public service paid for by the LGUs 2. Patrimonial Property – all other property possessed by LGUs without prejudice to provisions of special laws NOTE: In the case of Province of Zamboanga Del Norte vs. City of Zamboanga, the Supreme Court categorically stated that “this court is not inclined to hold that municipal property held and devoted to public service is in the same category as ordinary private property. The classification of municipal property devoted for distinctly governmental purposes as public should prevail over the Civil Code in this particular case”. Here, the Law of Municipal Corporations was considered as a special law in the context of Article 424 of the NCC. D. PROPERTY OF PRIVATE OWNERSHIP Refers to all property belonging to private persons either individually or collectively and those belonging to the State and any of its political subdivisions which are patrimonial in nature Muebles or furniture generally has for its principal object the furnishing or ornamenting of a building. Note that there are exceptions to this definition and are generally not included as furniture unless the law or the individual’s declaration include them. OWNERSHIP The right to enjoy, dispose, and recover a thing without further limitations than those established by law or the will of the owner. Rights included: 1. Right to enjoy: (PUFA) a) to possess (jus possidendi) b) to use (jus utendi) c) to the fruits (jus fruendi) and accessions d) to abuse (jus abutendi) 2. Right to dispose: (DATE) a) to destroy b) to alienate c) to transform d) to encumber 3. Right to vindicate: (RP) a) pursuit b) recovery 4. Right to exclude: (ER) a) to enclose, fence and delimit b) to repel intrusions even with force Characteristics: (EGEIP) 1. Ownership is Elastic – power/s may be reduced and thereafter automatically recovered upon the cessation of the limiting rights. 2. General – the right to make use of all the possibilities or utility of the thing owned, except those attached to other real rights existing thereon. 3. Exclusive – there can only be one ownership over a thing at a time. There may be two or more owners but ONLY ONE ownership. 4. Independence – It exists without necessity of any other right 5. Perpetuity – ownership lasts as long as the thing exists. It cannot be extinguished by non-user but only by . vendor. owner or lawful possessor is the person who will exercise 3. The owner loses his property in favor of the state without any compensation. It consists of the summary actions of: 1. threat or the expiration or stealth termination of his right thereto. Damage to another much greater than damage to property LEGAL REMEDIES TO RECOVER POSSESSION OF ONE’S PROPERTY 1. reasonable force 2. Forcible Entry Unlawful Detainer As to when possession became unlawful Possession of the Possession is defendant is inceptively lawful but unlawful from the becomes illegal from beginning as he the time defendant acquires unlawfully possession by withholds Force. General limitations imposed by the State for its benefit 2. Requisites: (RONA) 1. Limitations imposed by the owner himself 5. vendee. Unlawful Detainer Action for recovery of possession of any land or building by landlord. Inherent limitations arising from conflict with other rights De Facto case of Eminent Domain expropriation resulting from the actions of nature as in one case where land becomes part of one sea. strategy. Specific limitations imposed by law 3. ACCION INTERDICTAL Nature: summary action to recover physical or material possession only. Limitations: 1. no delay in one’s exercise 4. by virtue of any contract. Personal property: Replevin REPLEVIN . Principle of Self-Help right of the owner or lawful possessor to exclude any person from the enjoyment and disposal of the property by the use of such force as may be necessary to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property. 2.remedy when the complaint prays for the recovery of the possession of personal property.adverse possession. or other person against whom the possession of the same was unlawfully withheld after the expiration or termination of the right to hold possession. Limitations imposed by the party transmitting the property either by contract or by will 4. threat or stealth 2. intimidation. Real Property: a. EXCEPTION: Doctrine of Incomplete Privilege or State of Necessity (Article 432) Requisites: (ID) 1. Forcible entry Action for recovery of material possession of real property when a person originally in possession was deprived thereof by force. As to the necessity of demand No previous Demand is demand for the jurisdictional if the defendant to ground is nonvacate is payment of rentals necessary or failure to comply with the lease contract As to necessity of proof of prior physical possession Plaintiff must prove that he was in prior physical possession of the premises until he was deprived thereof by the Plaintiff need not have been in prior physical possession . intimidation. possession after strategy. Interference necessary 2. actual or threatened physical invasion or usurpation GENERAL RULE: A person cannot interfere with the right of ownership of another. Identity of the Property 2. Requisites: 1. The economic utility which such space or subsoil offers to the owner of the surface sets the limit of the owner’s right to the same. 2. The finder is not a trespasser. EXCEPTIONS: The finder is entitled to ½ provided: 1. The involved is not possession de facto but possession de jure. HIDDEN TREASURE Definition: any hidden or unknown deposit of money.3. Discovery was made on the property of another. defendant As to when the 1 year period is counted from 1 year period is 1 year period is generally counted counted from the from the date of date of last actual entry on demand or last the land letter of demand b. or of the state or any of its political subdivisions. The finder is not a co-owner of the property where it is found. GENERAL RULE: It belongs to the owner of the land. Here. ACCION PUBLICIANA Nature: Ordinary civil proceeding to recover the better right of possession. c. The finding was made by chance. jewelry or other precious objects. Plaintiff’s title to the property Surface Rights The owner of parcel of land is the owner of its surface and everything under it. except in cases of forcible entry and unlawful detainer. the lawful ownership of which does not appear. 4. . building or other property on which it is found. the object is the recovery of the dominion over the property as owner. ACCION REIVINDICATORIA Nature: action to recover real property based on ownership. 6.5. The finder is not married under the absolute community or the conjugal partnership system (otherwise his share belongs to the community). a. With respect to real property i. or d) in possession of an antichretic creditor 2. avulsion. natural fruits – spontaneous products of the soil and the young and other products of animals b. planting or sowing ii. either naturally or artificially. industrial. change . and civil fruits. c) leased or pledged. accession industrial building. civil fruits – rents of buildings. ACCESSION The right by virtue of which the owner of a thing becomes the owner of everything that it may produce or which may be inseparably united or incorporated thereto. EXCEPTIONS: If the thing is: (PULA) a) in possession of a possessor in good faith. The finder is not an agent of the landowner. Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby Kinds of Fruits a. price of leases or lands and the amount of perpetual or life annuities or other similar income GENERAL RULE: To the owner belongs the natural. industrial fruits – those produced by lands of any kind through cultivation or labor c. by external forces. accession natural alluvium. Accession Continua – the right pertaining to the owner of a thing over everything that is incorporated or attached thereto either naturally or artificially. b) subject to a usufruct. Classifications: 1. 76 Phil. 5. 4. 7. not the building. Bad faith of one party neutralizes the bad faith of the other. With respect to personal property i. (Coleongco vs. Accession exists only if the incorporation is such that separation would either seriously damage the thing or diminish its value. CA 244 SCRA 407). (Filipinas Colleges. Requisites: a) the deposit be gradual and imperceptible b) that it be made through the effects of the current of the water c) that the land where accretion takes place is adjacent to the banks of the river. Bad faith involves liability for damages.of river course. the additional area is not covered by a Torrens title and the riparian owner must register the additional area. Avulsion – the transfer of a known portion of land from one tenement to another by the force of the . Alluvion or alluvium – increment which lands abutting rivers gradually receive as a result of the current of the waters. Accessory follows the principal. Tuason 5 Phil. vs. Hilario. NOTES: The owners of the lands adjoining the banks of the river (riparian lands) shall own the accretion which they gradually receive. Inc. Timbang. (Ignacio vs. Doctrines: a) Where the deposit is by sea water. However. He is entitled to such removal ONLY when. (Pecson vs. usufruct. 106 Phil. and formation of islands b. 27 Phil 387) d) Article 448 does not apply to cases which are governed by other provisions of law such as co. it belongs to the state b) A gradual change of bed is also governed by the rules of alluvium (Canas vs. lease. after having chosen to sell the land. e) The provision on indemnity in Art. 247) c) Article 448 is not applicable where a person constructs a house on his own land and then sells the land. 605) b) Should no other arrangement be agreed upon. adjunction or conjuction ii. He who is in good faith may be held responsible but will not be penalized. 3. 448 may be applied by analogy considering that the primary intent of the law is to avoid a state of forced co-ownership especially where the parties in the main agree that Articles 448 and 546 are applicable and indemnity for the improvements may be paid although they differ as to the basis of the indemnity. 2. 689) 2. Concept: it is the gradual deposit of sediment by the natural action of a current of fresh water (not sea water. Regalado. agency. the owner of the land does not automatically become the owner of the improvement. the original identity of the deposit being lost.ownership. commixtion or confusion iii specification Basic Principles: (GONE BAD) 1. There should be no unjust enrichment at the expense of others. ACCESSION NATURAL 1. 6. To the owner of a thing belongs the extension or increase of such thing. Right of Accession with respect to Immovable Property NOTE: See TABLES Important Doctrines/Principles: a) Under Art 448. Accretion operates ipso jure. the other party fails to pay for said land. the landowner may not refuse both to pay for the building and to sell the land and instead seek to compel the owner of the building to remove the building from the land. KINDS (accession continua as to movables): 1. Formation of Islands RULES ON OWNERSHIP a. If formed in lakes. The portion of land must be such that it can be identified as coming from a definite tenement. belongs to the owner from whose property it was detached 4. thereby forming a single object. b) The segregation and transfer must be sudden or abrupt c) The portion of land transported must be known or identified NOTES: The owner must remove the transported portion within two years to retain ownership In case of uprooted trees. Adjunction the union of two things belonging to different owners. If formed by the sea: 1) within territorial waters . the owner retains ownership if he makes a claim within 6 months. Tuazon) Registration under the Torrens system does not protect the riparian owner against diminution of the area of his land through gradual changes in the course of adjoining stream (Payatas vs. identifiable and verifiable 3.to the reparian owners. (Payatas vs. If formed on non-navigable or nonfloatable rivers: 1) if nearer to one margin or bank – to the nearer reparian owner 2) if equidistant from both banks. merely an attach-ment Avulsion 1. Requisites: a) The segregation and transfer must be caused by the current of a river. by halves. In this latter case. Otherwise. This refers only to uprooted trees and does not include trees which remain planted on a known portion of land carried by the force of the waters. Alluvium 1. sudden or abrupt process 2. creek or torrent.current. or navigable or floatable rivers . gradual and imperceptible 2. the trees are regarded as accessions of the land through gradual changes in the course of adjoining stream. No positive act is needed on their part. Change of course of rivers Requisites: a) There must be a natural change in the course of the waters of the river b) The change must be abrupt or sudden NOTES: Once the river bed has been abandoned. soil cannot be identified 3. separation may be demanded. belongs to the owner of the property to which it is attached 4. NOTE: There is no accession when islands are formed by the branching of a river. detachment followed by attachment 3. in such a manner that they cannot be separated without injury. It does not apply to cases where the river simply dries up because there are no persons whose lands are occupied by the waters of the river. Right of Accession with respect to movable property Basic Principle: Accession exists only if separation is not feasible. 4. Tuazon).State 2) outside territorial waters – to the first occupant b. the owner retains ownership of the isolated piece of land. as it is subject thereto ipso jure from the moment the mode of acquisition becomes evident. the owners of the invaded land become owners of the abandoned bed to the extent provided by this article.State c. Requisites a) the two things must belong to different owners . b) that they form a single object. . Specification It is the transformation of another’s material by the application of labor. the “rule of importance and purpose b. owner of the principal acted in bad faith 2. the owner of the material has the option: 1) to acquire the work. that of greater value c. the owner of the accessory may demand the separation even if the principal suffers some injury b) Adjunction in bad faith by the owner of the principal option of the owner of the accessory: to recover the value damages ii) to demand separation damages Adjunction in bad faith owner of the accessory i) he loses the accessory ii) he is liable for damages i) c) plus plus by the When separation of things allowed: a. separation without injury b. Involves at least 2 things Involves at least 2 things Specification May involve one thing (or more) but form is changed 2. inclusion or engraftment b. tejido or weaving Tests to determine principal: a. indemnifying for the labor. Confusion – mixture of liquids Rules: a. Accessory follows the principal Coownership results Accessory follows the principal . soldadura or soldering c. Commixtion – mixture of solids b. or 2) to demand indemnity for the material b) owner of the principal (worker) in bad faith: the owner of the material has the option: i) to acquire the result without indemnity ii) to demand indemnity for the material plus damages c) Owner of the material in bad faith i) he loses the material ii) he is liable for damages Adjunction Mixture 1. escritura or writing d. By the will of both owners or by accident: each owner acquires an interest in proportion to the value of his material b. Labor is the principal Rules: a) Owner of the principal (worker) in good faith: i) maker acquires the new thing ii) he must indemnify the owner of the material : if the material is more valuable than the resulting thing. By one owner in good faith: apply rule(a) c. that of greater volume d. Mixture Union of materials where the components lose their identity.or that their separation would impair their nature Kinds: a. Kinds: a. if the accessory is much more precious than the principal. pintura or painting e. By one owner in bad faith: i) he loses all his rights to his own material ii) he is liable for damages 3. that of greater merits Rules: a) Adjunction in good faith by either owner: : accessory follows the principal. accessory is more precious than the principal c. The material becomes a thing of different kind. . record. or take measures to insure public safety. The complainant must show that his property is adjacent to the dangerous construction. plaintiff must have a legal or equitable title to. ineffective. voidable or unenforceable. CO-OWNERSHIP Definition: the right of common dominion which two or more persons have in a spiritual part of a thing which is not physically divided. plaintiff not in possession – 10 (ordinary) or 30 years (extraordinary) Action to quiet title Action to remove a cloud on title PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved NATURE OF remedial action involving a present adverse claim THE ACTION Preventive action to prevent a future cloud on the title Ruinous Buildings and Trees in Danger of Falling: As to buildings – the owners is obliged to demolish or execute necessary work to prevent the building from falling. there must be a cloud in such title. claim. Prescriptive Period: 1. or interest in the real property which is the subject matter of the action. plaintiff must return to the defendant all benefits he may have received from the latter. 3. and 4. then the builder is responsible for the damages. encumbrance or proceeding which is apparently valid but is in truth invalid. plaintiff in possession – imprescriptible 2.3. if the damage is caused by defects in the construction. Should he fail to do so. or must have to pass by necessity in the immediate vicinity. and remove doubts thereon. EXCEPT: i) if made in a legal proceeding ii) if it is being asserted that QUIETING OF TITLE It is an equitable action in rem to determine the condition of the ownership or the rights to immovable property. However. such cloud must be due to some instrument. and is prejudicial to the plaintiff’s title. Things joined retain their nature The new object retains or preserves the nature of the original object. the instrument or entry in plaintiff’s favor is not what it purports to be c) to boundary disputes d) to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff e) to instruments invalid on their face f) where the validity of the instrument involves pure questions of law Things mixed or confused may either retain or lose their respective natures Requisites: 1. or reimburse him for expenses that may have redounded to his benefit. The owner is responsible for damages to others due to lack of necessary repairs. 2. The action to quiet title does not apply: a) to questions involving interpretation of documents b) to mere written or oral assertions of claims. Concept: co-ownership exists where the ownership of a thing physically undivided pertains to more than one person. the authorities shall order its demolition at the expense of the owner. and in default of such provisions.LDP a) To use the thing owned in common Limitations: i) use according to the purpose for which it was intended ii) interest of the co-ownership must not be prejudiced iii) other co-owners must not be prevented from using it according to their own rights b) To share in the benefits and charges in proportion to the interest of each. Has juridical personality distinct from the partners 3. Contract 3. There is no mutual representation Partnership 1. d) Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. Characteristics: a) plurality of subjects (the coowners) b) there is a single object which is not materially divided c) there is no mutual representation by the co-owners d) it exist for the common enjoyment of the co-owners e) it has no distinct legal personality f) it is governed first of all by the contract of the parties. express or implied 2. otherwise. c) To the benefits of prescription: prescription by one co-owner benefits all. A partner. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. NOTE: The co-owner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. NOTE: Any stipulation to the contrary is void. Has no juridical or legal personality 3. no public instrument needed even if real property is the object of the co-ownership 9. Can be created only by contract. by the provisions of Title III on co-ownership Sources: 1. by special legal provisions. Distribution of profits must be profits is subject to proportional to the the stipulation of the respective interests parties of the co-owners 7. May be made in any form except when real property is contributed 9. e) Alterations: to oppose alterations made without the consent of all. Distribution of 6. Chance 4. Occupation 5. Succession 6. NOTES: Alteration is an act by virtue of which a co-owner changes the thing from the state in which the others believe it should remain. or withdraws it from the use to which they desire it to be intended. Rights of each co-owner as to the thing owned in common: USBRAP. A partner can generally bind the partnership 6. Purpose is collective enjoyment of the thing 4. There may be agreement as to a definite term without limit set by law Rules: 1. A co-ownership is 7. Can be created without the formalities of a contract 2. unless authorized cannot dispose of his share and substitute another as a partner in his place 5. Death or not dissolved by the incapacity dissolves death or incapacity the partnership of a co-owner 8. Co-owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co-owner 5. even if beneficial. Law 2. Purpose is to obtain profits 4. An agreement to keep the thing undivided for a period of more than 10 years is void 8. Testamentary disposition or donation inter vivos Co-ownership 1. . the membership or shareholdings in the condominium corporation: provided. consolidation or merger in one co. but not to exceed 10 years. however. The following questions are governed by the majority of interests: a) Management Minority may appeal to the court against the majority’s decision if the same is seriously prejudicial. shall include transfer or conveyance of the undivided interest in the common areas or.owned 4. 2) When the condition of indivision is imposed by the donor or testator. directly or indirectly. Rights as to the ideal share of each coowner: a) Each has full ownership of his part and of his share of the fruits and benefits b) Right to substitute another person its enjoyment. 5) When partition is prohibited by law 6) When another co-owner has possessed the property as exclusive owner for a period sufficient to acquire it by prescription. EXCEPT when personal rights are involved c) Right to alienate. b) Enjoyment c) Improvement or embellishment 3. in a proper case. EXCEPTIONS: 1) When there is a stipulation against it. termination of period agreed upon by the co-owners 6. judicial or extra-judicial partition CONDOMINIUM ACT (R. expropriation 7. f) g) h) i) Expenses to improve or embellish are decided by the majority To protest against seriously prejudicial decisions of the majority Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another co. loss or destruction of property co. NO. 2. 4) When partition would render the thing unserviceable. Any transfer or conveyance of a unit or an apartment. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-ownership 3. 3) When the legal nature of the community prevents partition. office or store or other space therein. 4726) CONDOMINIUM an interest in real property consisting of a separate interest in a unit in a residential.owner to a stranger To defend the co-ownership’s interest in court To demand partition at any time Partition is the division between 2 or more persons of real or personal property which they own in common so that each may enjoy and possess his sole estate to the exclusion of and without interference from others GENERAL RULE: Partition is demandable by any of the coowners as a matter of right at any time. dispose or encumber d) Right to renounce part of his interest to reimburse necessary expenses incurred by another coowner e) Transactions entered into by each coowner only affect his ideal share. no condominium unit therein shall be .A. EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP) 1. industrial or commercial building and an undivided interest in common. but not to exceed 20 years. that where the common areas in the condominium project are held by the owners of separate units as co-owners thereof.owner 2. in the land on which it is located and in other common areas of the building. sale of property co-owned 5. Requisites: occupancy. When the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction 3 years after damage or destruction which rendered a material part thereof unfit for use. apprehension. except in cases of hereditary succession. 1.conveyed or transferred to persons other than Filipino citizens or corporations at least 60% of the capital stock of which belong to Filipino citizens. possession without any title whatsoever 2. e) In good faith – possessor is not aware that there is in his title or mode of acquisition a defect that invalidates it Requisites: 1. 2. possession with just title sufficient to transfer ownership 4. NOTE: None of these holders assert a claim of ownership in himself over the thing but they may be considered as possessors in the concept of owner. and the condominium owners holding in aggregate more than 50% interest in the common areas are opposed to restoration. When conditions for partition by sale set forth in the declaration of restrictions duly registered have been met. the bed follows the character of the water (See Arts. or that the condominium owners holding in aggregate more than 70% interest in the common areas are opposed to the continuation of the condominium regime. When damage or destruction has rendered ½ or more of the units untenantable and that the condominium owners holding more than 30% interest in the common areas are opposed to restoration of the projects. 502 [1] and 502 [2]) b) Waters public or private according to their bed (water is accessory to bed) c) Waters public by special provision POSSESSION Concept: the material holding or control of a thing or the enjoyment of a right. that it is obsolete and uneconomic. regardless of the good or bad faith of the possessor d) In the concept of holder – possessor holds it merely to keep or enjoy it. possession with juridical title 3. 3. or taking deliberate intention to possess by virtue of ones own right Degrees: 1. 3. 2. or under claim of ownership. by his actions. possessor acknowledges in another a superior right which he believes to be ownership. Possessor is ignorant of the vice or defect and must have an honest belief that the thing belongs to him . the ownership pertaining to another person. and there shall be no judicial partition thereof: EXCEPTIONS: 1. Vice or defect in the title 3. When the project has been in existence for more than 50 years. possession with a title in fee simple Classes: a) In one’s own name – where possessor claims the thing for himself b) In the name of another – for whom the thing is held by the possessor c) In the concept of owner – possessor of the thing or right . 5. is considered or is believed by other people as the owner. GENERAL RULE: Common areas shall remain undivided. WATERS Classification a) Waters public per se (water is the principal. When the project or a material part thereof has been condemned or expropriated and the project is no longer viable. remodeling or modernizing. 4. with respect to the right they respectively exercise over the thing. Ostensible title or mode of acquisition 2. Proper acts and legal formalities established for acquiring such right. 1. 3. 2. excusable ignorance may be such basis. Material occupancy of the thing 2. Presumptions in favor of possessor: of good faith of continuity of initial good faith of enjoyment in the same character in which possession was acquired until the contrary is proved 4. 4. NOTES: Only personal knowledge of the flaw in one’s title or mode of acquisition can make him a possessor in bad faith. . but possible. 2. Res communes Property of public dominion Discontinuous servitudes Non-apparent servitudes Acquisition of possession: Manner 1.NOTE: Gross and inexcusable ignorance of the law may not be the basis of good faith. of non-interruption in favor of the present possessor 5. It is not transmissible even to an heir. there is a contrary view that the date of summons may be insufficient to convince the possessor that his title is defective. 69 PHIL 217) f) In bad faith – possessor is aware of the invalidating defect in his own title. However. of continuous possession by the one who recovers possession of which he was wrongfully deprived 6. Possession in good faith ceases from the moment defects in his title are made known to the possessor. This interruption of good faith may take place at the date of summons or that of the answer if the date of summons does not appear. Subjection to the action of our will 3. (Kasilag vs Roque. 3. of extension of possession of real property to all movables contained therein Object of possession: All things and rights susceptible of being appropriated 1. . Cultivation Expenses of gathered fruits c. to owner b. if the dates of possession are the same. to owner d. retention f. no retention f. not reimbursed to possessor b. in money. initial cost ii. Useful expenses f. reimbursed to possessor c. reimbursed to possessor (owner’s option) i. if there are two possessors. to possessor a. reimbursed to possessor. indemnity pro rata to possessor (owner’s option) i. prorated according to time c. and in the meantime. if all the above are equal. Necessary expenses e. Production expenses of pending fruits a.Conflicts between several claimants: Possession cannot be recognized in two different personalities except in case of co-possession when there is no conflict Criteria in case of dispute: 1. no indemnity e. by allowing full cultivation and gathering of all fruits d. or ii. Fruits pending and charges d. the one longer in possession 3. present/actual possessor shall be preferred 2. the fact of possession shall be judicially determined. reimbursed to possessor. no reimbursem ent . the one with a title 4. Fruits gathered b. the thing shall be placed in judicial deposit Subject Possessor in good faith Possessor in bad faith a. plus value may remove if no e. charged to owner ii. fruits on iii. may recover it from whomsoever possesses it. Liability for accidental loss or deteriorati on k. charged to owner iii. ordinarily. to owner i. consumable or non-consumable. but must reimburse the price paid if possessor acquired the thing in good faith and at a public sale. or ii. he cannot recover it from the possessor The owner may recover the movable in case of loss or involuntary deprivation. to owner or lawful possessor Possession of movables Possession of movables in good faith is equivalent to title. By the will of the possessor a) Abandonment b) Transfer or conveyance 2. Against the will of the possessor a) Eminent domain b) Acquisitive prescription c) Judicial decree in favor of better right d) Possession of another for more than one year NOTE: this refers to possession de facto where the possessor loses the right to a summary action. only if acting with fraudulent intent or negligence. Improvements no longer existing j. removal if no injury. unless the title constituting it or the law otherwise provides. reimbursement at owner’s option: i. removal. destruction or total loss of the things ii. taxes and charges i. without reimbursement. Real right b. and no damage is caused to the principal by the removal g. charged to possessor iii. Taxes and charges i. liable in every case Improveor lawful ments due possessor to time or nature k. charged to owner ii. taxes and removal charges i. owner’s option: i. Of temporary duration c. the ownership of which is vested in another e. reimbursement. Characteristics: a. Requisites: a) possession is in good faith b) the owner has voluntarily parted with the possession of the thing c) possessor is in the concept of owner One who has lost or has been unlawfully deprived of it . after k. withdrawal from commerce USUFRUCT gives a right to enjoy the property of another with the obligation of preserving its form and substance. Doctrines: c) owner of the thing must prove (1) ownership of the thing and (2) loss or unlawful deprivation. no reimbursement i. To derive all advantages from the thing due to normal exploitation d. no reimbursement j. or ii. on capital ii. value at time of recovery h. transmissible . or bad faith of the possessor Where the owner acts negligently or voluntarily parts with the thing owned. Loss of possession: 1. tangible or intangible. cost without h. but he may still bring action publiciana or reivindicatoria e) By reason of the object i. prorated b) g.a) g. i. Ornamental expenses h. tosummons owner j. may be constituted on real or personal property. Generally created by contract 4. Person creating the usufruct should be the owner or his duly authorized agent 3. Usufruct 1. To receive and benefit from the fruits . Pays for ordinary 6. or by prescription Lease 1. As a rule. 598) h) over things which gradually deteriorate (Art.Lessee is not repairs and taxes on the fruits generally under obligation to undertake repairs or pay taxes Special Usufructs a) of pension or income (Art 570) b) of property owned in common (Art. 600) g) over the entire patrimony (Art. Lease involves a or less passive more active owner owner who allows or lessor who makes the usufructuary to the lessee to enjoy enjoy the object given in usufruct 6.Generally a personal right 2. Always a real right 2. 582) c) of cattle (livestock) (Art. 575-576) e) on a right of action (Art. 573) i) of consumable property (Art 574) Rights of the Usufructuary 1. 4. As to the thing and its fruits a. by contract.Usufructuary is bound to preserve the form and substance of the thing in usufruct. Involves a more 5. May be created by law. by will of the testator. Lessor may not be the owner 3. Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing.Lease generally usufruct covers all refers to uses only the fruits and all the uses and benefits of the entire property 5. 591) d) on vineyards and woodlands (Art. 578) f) on mortgaged property (Art. takes an oath to take care of the things and restore them property cannot be . To the half of the hidden treasure he accidentally finds d. To improve the thing without altering its form and substance f. As to the usufruct itself a. and damages caused to him. files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. To give a bond. To collect reimbursements from the owner for indispensable extraordinary repairs. To retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital h. generally. To alienate the usufruct of usufruct Obligations of the usufructuary: 1. EXCEPT 1) when no prejudice would result 2) when the usufruct is reserved by the donor or parents 3) in cases of caucion juratoria where the usufructuary. Right to set-off the improvements he may have made on the property against any damage to the same g. for the same or shorter period as the usufruct. To lease the thing. To remove improvements made by him if the same will not injure the property 2. i. taxes on the capital he advanced. Before exercising the usufruct: a.b. being unable to file the required bond or security. To make an inventory of the property b. To mortgage the right except parental usufruct b. To enjoy any increase through accessions and servitudes c. e. constituted on the corporeal immovable property of another. To take care of the property b. To pay legal interest on the amount spent by the owner for extraordinary repairs or taxes on the capital c. Total loss of the thing 4. To pay interest on taxes on capital paid by the naked owner h. sale of movables. the net product shall be delivered to the usufructuary 3. Death of the usufructuary. 3. Renunciation of the usufructuary 7. To return the thing in usufruct to the owner unless there is a right of retention b. Prescription 2. NOTE: Effects of failure to post bond: 1. or investment of money. To pay debts when the usufruct is constituted on the whole patrimony i. To replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on flock or herd of livestock c. unless contrary intention appears 5. usufructuary cannot collect credits due or make investments of the capital without the consent of the owner or of the court until the bond is given. To secure the naked owner’s or court’s approval to collect credits in certain cases j. To make ordinary repairs d. Concept: it is a real right. cannot be alienated independently of the estate e) It is indivisible for it is not affected by the division of the estate between two or more persons . Characteristics: a) It is a real right but will affect third persons only when duly registered b) It is enjoyed over another immovable. retention of the property as administrator 2. To permit works and improvements by the naked owner not prejudicial to the usufruct f. OR b. for the benefit of another person or tenement. owner shall have the following options: a. 2. To notify the owner of urgent extra-ordinary repairs e. To pay annual taxes and charges on the fruits g. and. During the usufruct: a. by virtue of which the owner of the latter has to refrain from doing or must allow something to be done on his property. Termination of right of the person constituting the usufruct 3. Merger of the usufruct and ownership in the same person EASEMENT OR SERVITUDE Encumbrance imposed upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a different owner. never on one’s own property c) It involves two neighboring estates (in case of real easements) d) It is inseparable from the estate to which it is attached. To indemnify the owner for any losses due to his negligence or of his transferees Extinguishment of Usufruct: (PT2DERM) 1.alienated or encumbered or leased because this would mean that the usufructuary does not need it. At the termination of the usufruct: a. To pay for court expenses and costs regarding usufruct. deposit of securities. receivership of realty. Expiration of the period or fulfillment of the resolutory condition 6. therefore. To notify the owner of any prejudicial act committed by third persons k. There is a limited right to the use of real property of another but without the right of possession Limited right to both the possession and use of another’s property Easement Usufruct 1. incessant without the intervention of any act of man b) Discontinuous Easements – those which are used at intervals and depend upon the acts of man 2. These are called servitudes of intrusion and or/service” b) Negative – the servient owner must refrain from doing something which he could lawfully do if the easement did not exist Easement Lease 1. and. As to its exercise: a)Continuous Easements – those the use of which is. by title Dominant Owner Rights 1. Not extinguished by the death of the dominant owner Involves a right of possession in an immovable or immovable Extinguished by the death of the usufructuary Modes of Acquisition: (PDFAT) 1. by deed of recognition 3. A non-possessory right over an immovable 4. Imposed only on real property 3. or may be. As to the indication of their existence: a) Apparent Easements – those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same b) Non-apparent Easements – those which show no external indication of their existence 3. by apparent sign established by the owner of two adjoining estates 5. To exercise all the rights necessary for the use of the easement 2. or when its subject matter is real property and the duration exceeds one year May involve either real or personal 2. by final judgment 4. therefore. by prescription of 10 years (continuous and apparent easements) 2.f) It is a right limited by the needs of the dominant owner or estate. Real right. Cannot render the easement or render it more burdensome 2. As to duty of servient owner a) Positive – the servient owner must allow something to be done in his property or do it himself. Imposed only on real property May involve either real or personal property Includes all the uses and the fruits of the property 2. it is not presumed Classification: 1. without possession g) It cannot consist in the doing of an act unless the act is accessory in relation to a real easement h) It is a limitation on the servient owner’s rights of ownership for the benefit of the dominant owner. whether registered or not Real right only when it is registered. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. To ask for mandatory injunction to prevent impairment of his use of the easement Obligations: 1. Limited to particular or specific use of the servient estate 3. Notify the servient owner of works necessary for the use and preservation of the servitude . To renounce the easement if he desires to exempt himself from contribution to necessary expenses 4. Isolation must not be due to the claimant’s own act 5. Expropriation of the servient estate 10. Expiration of the term or fulfillment of the resolutory condition 3. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. Easement must be established at . discontinuous: counted from the day they ceased to be used b. Bad condition . Annulment of the title to the servitude 5. when the property is redeemed 9. Right of way must be absolutely necessary 4.3. in case of pacto de retro. Resolution of the right to create the servitude. There must be no adequate outlet to a public highway 3. continuous: counted from the day an act adverse to the exercise takes place 7. Merger of ownership of the dominant and servient estate 4. Contribute to the necessary expenses in case he uses the easement.e. unless there is an agreement to the contrary Extinguishment of Easements: (REMAIN BREW) 1.when either or both estates fall into such a condition that the easement could not be used 8. provided it be equally convenient Obligations: 1. Character: apparent and continuous Requisites: a) dominant owner must prove that he has the capacity to dispose of the water b) that the water is sufficient for the intended use c) that the course is most convenient. Claimant must be an owner of enclosed immovable or one with real right 2. unless there is agreement to the contrary 3. Non-user for 10 years a. To change the place or manner of the easement. Contribute to the necessary expenses if there are several dominant estates Servient Owner Rights: 1. Cannot impair the use of the easement 2. i. Waiver by the dominant owner EASEMENT FOR WATERING CATTLE This is really a combined easement for drawing of water and right of way Requisites: a) must be imposed for reasons of public use b) must be in favor of a town or village c) indemnity must be paid EASEMENT OF AQUEDUCT The right arising from a forced easement by virtue of which the owner of an estate who desires to avail himself of water for the use of said estate may make such waters pass through the intermediate estate with the obligation of indemnifying the owner of the same and also the owner of the estate to which the water may filter or flow. To retain ownership and possession of the servient estate 2. and least onerous to the 3rd person d) payment of indemnity RIGHT OF WAY The right granted to the owner of an estate which is surrounded by other estates belonging to other persons and without an adequate outlet to a public highway to demand that he be allowed a passageway throughout such neighboring estates after payment of proper indemnity Requisites: 1. To make use of the easement. Redemption agreed upon 2. Permanent Impossibility to use the easement 6. or joining the dominant tenement to another with exit on a public road. Shares of parties cannot be physically segregated but they can be physically identified Co-ownership Shares of the coowners can be divided and separated physically but before such division. No limitation as None of the coto use of the party owners may use the wall for exclusive community benefit of a party property for his exclusive benefit 3.the point least prejudicial to the servient estate 6. walls and live hedges of rural tenements . and these needs may vary from time to time (Encarnacion vs. Owner may free Partial renunciation himself from is allowed contributing to the cost of repairs and construction of a party wall by renouncing all his rights thereto Presumptions of existence (juris tantum): 1. in dividing fences. 195 SCRA 72). a co-owner cannot point to any definite portion of the property as 2. NOTE: the extinction in NOT automatic. Party Wall 1. PARTY WALL a common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. in dividing walls of gardens and yards (urban) 3. Special cause of extinction: the opening of a public road. CA. up to common elevation 2. in adjoining walls of buildings. There must be a demand for extinction coupled with tender of indemnity by the servient owner. Payment of proper indemnity it is the needs of the dominant property which ultimately determine the width of the passage. at his expense b. Easement of Light (jus luminum) . opening must not be greater than 30 centimeters squared. by signs contrary to the existence of the servitude (Arts. title 2. Requisites: a. 660 & 661) NOTE: if the signs are contradictory. by contrary proof: 3. he must: a. bear the increased expenses of preservation c. upon payment of proper indemnity c.right to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. in ditches or drains between tenements Rebuttal of presumption: 1. bear the cost of maintenance of the additions b.4. they cancel each other Rights of part owners: 1. give additional land. to thicken the wall LIGHT AND VIEW 1.ownership 2. to make use of the wall in proportion to their respective interests. to contribute proportionately to the repair and maintenance unless he renounces his part. . if one part owner raises the height of the wall. paying a proportionate share in the cost of the work and of the land covered by the increase Obligations of each part-owners: 1. bear the cost of construction d. if necessary. resting buildings on it or inserting beams up to one-half of the wall’s thickness 2. to increase the height of the wall a. to acquire half interest in any increase of thickness or height. by title 2. If there are various owners. and b. if the owner ratifies it. Modes of acquisition 1. it cannot exceed 1 foot sq. or 5. for any other person having any juridical relation with the dominant estate. NOTE: mere non-observance of distances prescribed by Art. or body of water. 2. defies or disregards decency or morality. near the ceiling (Choco vs. It necessarily includes easement of light Restrictions on openings in one’s own wall when contiguous (less than 2m) to another’s tenement: 1. (30 cm each side) 2. Classes: 1. negative – counted from the formal prohibition on the servient owner. for the owner of the dominant estate b. Obstructs or interferes with the free passage to any public highway or street. to enjoy the view through the estate of another and the power to prevent all constructions or work which would obstruct such view or make the same difficult. Doctrine of Attractive Nuisance: One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play and who fails . 3. NUISANCE Any act. Hinders or impairs the use of property. Per accidens – nuisance by reason of circumstances.made on the ceiling or on the wall. 4. Public – affects the community or a considerable number of persons. 3. block the light by building or erecting his own wall unless a servitude is acquired by title or prescription c. 21 Phil 132) 3. personal servitudes: for anyone capacitated to accept. ALL must consent. predial servitudes: a. the abutting owner may: a. or surroundings. Per se – nuisance at all times and under all circumstances regardless of location and surrounding. establishment. by prescription a. openings must be at the height of the joists. 2. close the openings if the wall becomes a party wall b. location. omission. Direct views: the distance of 2 METERS between the wall and the boundary must be observed 2. 2. Easement of view (jus prospectus) – the right to make openings or windows. The owner possessing capacity to encumber property may constitute voluntary servitude. Private – affects only a person or a small number of persons. 670 without formal prohibition. Injures/endangers the health or safety of others. there must be an iron grating 2. business or condition of property or anything else which: (ISAHO) 1. if it is through a party wall b. ask for the reduction of the opening to the proper size Restrictions as to views 1. Shocks. does not give rise to prescription VOLUNTARY EASEMENTS Constituted by the will of the parties or of a testator. Oblique views: (walls perpendicular or at an angle to the boundary line) must not be less than 60cm from the boundary line to the nearest edge of the window NOTE: Any stipulation permitting lesser distances is void. 4. Annoys or offends the senses. Santamaria. positive – counted from the time of the opening of the window. but consent once given is not revocable Voluntary easements are established in favor of: 1. prior demand. the thing must be without an owner 5. Condition of being without known owner 2. finding of movables which do not have an owner 3. and 6. Prescription 6. Work which 2. of the aptitude and intent of persons. Occupation 1. Civil Action 3. no breach of peace or unnecessary injury must be committed. with the intention of acquiring them. Remedies against public nuisance: (PCE) 1. 5. This is the proximate cause of the acquisition. and according the rules laid down by law. finding of hidden treasure . Creation. 2. Tradition 4. THEORY OF MODE AND TITLE MODE is the specific cause which gives rise to them. Requisites: 1. Extrajudicial Abatement Remedies against private nuisance: (CE) 1. value of destruction does not exceed P3. there must be seizure of a thing 2. Contract of the parties 5. Original Modes 1. Prosecution under the RPC or local ordinance 2. DIFFERENT MODES (and TITLES) of ACQUIRING OWNERSHIP Modes of acquiring ownership Titles of acquiring ownership A. Death OCCUPATION a mode of acquiring ownership by the seizure of things corporeal which have no owner. Derivative modes 3. This is the remote cause of the acquisition. Extrajudicial Abatement Extrajudicial Abatement Requisites: 1. as the result of the presence of a special condition of things. 3. Law 3. 4.to exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to a child of tender years who is injured thereby. Donation 5. prior demand has been rejected. finding of abandoned movables 4. Succession 7. approval by district health officer and assistance of local police. Contract of the parties 6.000. TITLE is the juridical justification for the acquisition or a transfer of ownership or other real right. includes discovery or invention Intellectual creation B. nuisance must be specially injurious to the person affected. the thing must be susceptible of appropriation by nature 4. even if the child is technically a trespasser in the premises. the thing seized must be corporeal personal property 3. there must be an intention to appropriate Specific instances: 1. and of compliance with the conditions established by law. hunting and fishing 2. Possession in the concept of owner 7. Existence of required conditions 4. Civil Action 2. which is accepted b) Irrevocability by the donor c) Intention to benefit the donee (animus donandi) d) Consequent impoverishment of the donor (diminution of his assets) Classification: 1. right transmitted should have previously existed in the patrimony of the grantor 2. traditio symbolica – parties make use of a token or symbol to represent the thing delivered b. As to effectivity: a. Constructive Tradition a. modal – imposes upon the donee a burden which is less than the value of the thing donated . transfer of fish to another breeding place without fraud or artifice TRADITION/DELIVERY a mode of acquiring ownership as a consequence of certain contracts. with a term 3. symbolical or legal DONATION an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another who accepts it Requisites: CIDA 1. traditio constitutum possessorium – when the vendor continues in possession of the thing sold not as owner but in some other capacity 3. As to consideration: a.5. As to perfection/extinguishment: a. Tradicion por ministerio de la ley – delivery by operation of law 6. grantor and grantee should have intention and capacity to transmit and acquire 4. transmission should be by just title 3. under certain conditions 7. pure b. inter vivos b. there must be delivery 4. donor must have capacity to make the donation 2. simple .gratuitous b. with a condition c. mortis causa c. propter nuptias 2. transmission should be manifested by some act which should be physical. under certain conditions 6. he must have donative intent (animus donandi) 3. traditio brevi manu – when the vendee already has possession of the thing sold by virtue of another title d.actual delivery 2. Tradition by public instrument Requisites: 1. the object is placed in the control and possession of the transferee. donee must accept or consent to the donation Essential features/elements of a true donation: a) Alienation of property by the donor during his lifetime. traditio longa manu – by mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time of the sale c. actually or constructively. by virtue of which. catching of swarm of bees that has escaped from its owner. remuneratory or compensatory – made on account of donee’s merits c. Kinds: 1. catching of pigeons without fraud or artifice 8. catching of domesticated animals that have escaped from their owners. Quasi-tradition – exercise of the right of the grantee with the consent of the grantor 4. Real Tradition . Made by a ward to the guardian before the approval of accounts. associations or corporations not permitted by law to make donations. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir. nurse. or children. Made by persons guilty of adultery or concubinage at the time of donation. parents. 9. Generally irrevocable during donor’s lifetime 5. 4. Must comply with the formalities required by Arts. Made to the priest who heard the confession of the donor during the latter’s last illness. Made between persons found guilty of the same criminal offense in consideration thereof. within the 4th degree. etc. 2. Made to a physician. and 10. or to the church to which such priest belongs. Made by individuals. or anyone claiming under them. or to the spouse. Made to a public officer or his/her spouse. 8. if there is any. Made to relatives of such priest. 5. or the minister of the gospel who extended spiritual aid to him during the same period. Valid if donor survives donee 4. surgeon. 748 and 749 of the Code Title conveyed upon donor’s death Void if donor survives donee Always revocable Must comply with the formalities required by law for the execution Of wills Donations prohibited by law: 1. Title conveyed to the donee before the donor’s death 3.Donation Inter Donation Mortis Vivos Causa 1. descendants or ascendants in consideration of his/her office. Takes effect Takes effect upon independently of the the death of the donor’s death donor 2. 7. 6. health officer or druggist who took care of the donor during his/her last illness. . Made to an attesting witness to the execution of donation. 3. 000 or less. regardless of value b. Future property cannot be donated. With simultaneous delivery of property donated: i. Donation of immovable property: a. regardless of value 2.Forms of donations: 1. 2. Without simultaneous delivery: the donation and acceptance must be written in a public or private instrument. ii. and noted in both deeds NOTE: Expression of gratitude to the donor without express acceptance was held a sufficient acceptance (Cuevas vs Cuevas) LIMITATIONS ON DONATION OF PROPERTY 1. must be in a public instrument specifying the property donated and the burdens assumed by donee. and 2) those relatives entitled to support from him 3) property sufficient to pay the donor’s debt contracted prior to the donation. in another public instrument. Donee must reserve sufficient means for his support and for his . notified to the donor in authentic form.if value exceeds P5. or ii. Present property that can be donated: a) if the donor has forced heirs: he cannot give or receive by donation more than he can give of receive by will b) if the donor has no forced heirs: donation may include all present property provided he reserves in full ownership or in usufruct: 1) the amount necessary to support him. acceptance must be either: i. 3. Donation should not prejudice creditors 4. in the same instrument.it may be oral/written – P5. Donations of movable property: a.000 – written in public or private document b. without accretion. unless the crime or act has been committed against the donee himself. results in the loss of a real or personal right. requires inaction of the owner or neglect of one with a right to bring his action 3. one does not look to the act of the possessor but to the neglect of the owner 2. the donor must release the property from encumbrances. requires possession by a claimant who is not the owner 2. If the donee imputes to the donor any criminal offense. donation is onerous d. results in the acquisition of ownership or other real rights in a person as well as the loss of said ownership or real rights in another . whether real or personal 4. expressed b. donor’s warranty exists if a. Extraordinary acquisitive prescription: acquisition of ownership and other real rights without need of title or of good faith or any other condition Requisites: 1) capacity to acquire by prescription 2) a thing capable of acquisition by prescription 3) possession of thing under certain conditions 4) lapse of time provided by law 2. Ordinary acquisitive prescription: requires possession of things in good faith and with just title for the time fixed by law b. a. when the donation is made to several donees jointly. Extinctive Prescription – rights and actions are lost through the lapse of time in the manner and under the conditions laid down by law. his wife or children under his authority 3. or of his wife or children under his parental authority 2. honor or property of the donor. If there is no stipulation: the donee is answerable for the debts of the donor only in case of fraud against creditors. donor is in bad faith 5. or bars the cause of action to enforce said right 3. ACTS OF INGRATITUDE 1. If the donee should commit some offense against the person. if no stipulation is made to the contrary 2. unless the contrary is stipulated Payment of the donor’s debt by the donee 1. they are entitled to equal portions. it is the possessor who is the actor 1. but the donee answers only up to the value of the property donated. If there is express stipulation: the donee is to pay only debts contracted before the donation. if not otherwise specified. Refusal to support the donor PRESCRIPTION Kinds: 1. EFFECTS OF DONATION 1.relatives which are entitled to be supported by him. Acquisitive prescription ownership and other real one acquires rights through the lapse of time in the manner and under the conditions laid down by law. donation is propter nuptias c. produces the extinction of rights or bars a right of action 5. in donations propter nuptias. except servitudes 4. or any act involving moral turpitude. applies to all kinds of rights. relationship between the occupant and the land in terms of possession is capable of producing legal consequences. donee may demand the delivery of the thing donated 2. vests ownership or other real rights in the occupant 5. Acquisitive prescription Extinctive prescription 1. applicable to ownership and other real rights 4. donee is subrogated to the rights of the donor in the property 3. even though he should prove it. unless there is proof to the contrary Prescriptive period Actions 3. except the state and its subdivision Persons against whom prescription does NOT run: 1. Good Faith 10 years 8 years 2. even though there be separation of property agreed upon in the marriage settlements or by judicial decree. has continued to be in possession during the intervening time. Between parents and children. Persons living abroad who have managers or administrators 4. Absentees who have administrators 3. The first day shall be excluded and the last day included Persons Against Whom Prescription runs: 1. should be affirmatively pleaded and proved to bar the action or claim of the adverse party Immovables 4 years 1.6. Juridical persons. Bad Faith 30 years Rules on Computation of Period: 1. Minors and other incapacitated persons who have parents. guardians or other legal representatives 2. during the minority or insanity of the latter 3. Between guardian and ward during the continuance of the guardianship Prescriptive period Actions . 2. Between husband and wife. It is presumed that the present possessor who was also the possessor at a previous time. can be proven under the general issue without its being affirmatively pleaded Period of Prescription Movables 6. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor 2. appearance or adoption of a child actions upon an injury to the rights .a) Imprescriptible to declare an inexistent or void contract to quiet title to demand a right of way to bring an action for abatement of public nuisance to demand partition in coownership to enforce a trust probate of a will to recover possession of a registered land under the Land Registration Act by the registered owner g) 4 YEARS action to revoke donations due to non-compliance of conditions action to rescind partition of deceased’s estate on account of lesion action to claim rescission of contracts annulment of contracts for vice of consent actions upon a quasi-delict action to revoke or reduce donations based on birth. b) 30 YEARS real actions over immovables (but not foreclosure) without prejudice to the acquisition of ownership or real rights by acquisitive prescription h) 3 YEARS actions under the eight hour labor law actions to recover losses in gambling money claims as a consequence of employeremployee relationship action to impugn legitimacy of a child if the c) 10 YEARS actions upon a written contract actions upon an obligation created by law actions upon a judgment from the time judgment becomes final actions among co-heirs to enforce warranty against eviction in partition i) 2 YEARS action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth d) 8 YEARS action to recover movables without prejudice to acquisition of title for a shorter period or to the possessors title under Arts. 1505 and 1133 j) 1 YEAR action to impugn legitimacy of a child if the husband or his heirs are residing in the city or municipality of birth forcible entry and unlawful detainer Defamation Revocation of donation on the ground of ingratitude Rescission or for damages if immovable is sold with an apparent burdens or . 559. action for warranty of solvency in assignment of credits actions for loss or damage to goods under the e) 6 YEARS actions upon an oral (verbal) contract actions upon a quasi-contract k) 6 MONTHS actions for warranty against hidden defects or encumbrances over the thing sold f) 5 YEARS action for annulment of marriages (except on the ground of insanity) and for legal separation counted from the occurrence of the cause actions against the co-heirs for warranty of solvency the debtor in credits assigned in partition action for the declaration of the incapacity of an heir (devisee or legatee) to succeed) all other actions whose periods are not fixed by law. Jinky Ann Uy (Remedial Law). Romuald Padilla (Civil Law). Jonathan Mangundayao (Political Law). Charmaine Torres (Taxation Law). Yolanda Tolentino(VC-Acads). Ronald Jalmanzar (Over-all Vice Chair). Elaine Masukat (VC-EDP). l) 40 DAYS redhibitory action based on faults or defects of animals 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).Secretariat). Jackie Lou Bautista (Legal Ethics) . Jennifer Ang(VC. Mark David Martinez (Criminal Law). Francis Benedict Reotutar (Labor Law). Anna Margarita Eres (VC-Logistics). Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law).