Transcript
College of Business Administration Education Legal Management Bolton Street, Davao City Personal Law Notes Jedi Bentillo
LAW ON PROPERTIES (Civil Code)
lan, an forming a permanent part of it- the animals in those places are inclue(5) 6ertili7er actually use on a piece of lan(8) &ines, 9uarries an slag umps, umps, while the matter thereof forms part of the be, an waters either running running or stagnant(:) 'ocs an structures which, though floating, are intene by their nature an object object to remain at a fi0e place on a river, lae or coast- an (1;) ontracts for public wors, an servitues servitues an 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 iniviuality !. Appropriability CLASSIFICATION OF PROPERTIES
NATURE A.
%.
"mmovable A. %. #roperties ($eal #roperties) . &ovable #roperties (#ersonal '. #roperties)
OWNERSHIP #ublic 'ominion #atri atrimo moni nial al #roperty #rop #roper erty ty f *oca *ocall +overnment Units (*+Us) #rivate wnership
I !Y NATURE A I""O#A!LE PR OPERTIES (A$t %&' * +,$,-$,+.s) (1) *an, *an, buil builin ings gs,, roas roas an an construct constructions ions of all ins ahere to the soil(2) rees, plants an growing fruits, while they are attache to the lan or form an integral part of an immovable(!) /verything attache to an immovable in a fi0e manner in such a way that it cannot cannot be separat separate e theref therefrom rom without without breaing the material or eterioration of the object() Statues, reliefs, paintings or other objects for use or ornamentation, place in builings or on lans by the owner of the immovable in such a manner that it reveals the intention to attach attach them permanently permanently to the tenements() &ach &achine inery ry,, recep recepta tacl cles es,, instr instrum umen ents ts or implements implements intene intene by the owner of the tenement for an inustry or wors which may be carrie carrie on in a builing or on a piece piece of lan, an which ten irectly irectly to meet meet the nees of the sai inustry inustry or worsRequisites: a. mae by owner b. inustry or wors carrie on builing or on lan c. machines, etc must ten irectly to meet nees of the inustry or wors . machines, etc. must be essential essential an principal elements of the inustry. (3) Animal Animal houses, houses, pigeon4house pigeon4houses, s, beehives, beehives, fishpon fishpons s or breeing breeing places places of similar similar nature, nature, in case their owner has place or preserve them, with the intention to have them permanently attache to the
C,te-o$ies< C,te-o$ies< (="'A) 1.
$eal $eal by /atur ature e > it cann cannot ot be carrie from place to place (pars. 1 ? 8, Art. 1, ivil oe) 2. $eal by incorporation > attache to an immovable in a fi0e manner to be an integral part thereof (pars. 14! Art. Art. 1, ivil oe) !. $eal by destination > place in a n immovable for the utility it gives to the activity carrie thereon (pars. 45 an : Art. 1, ivil oe) . %y ,nalogy it is so classifie by e0press provision of law (par. 1;, Art. 1, ivil oe) ! "O#A!LE PROPERTIES (A$t %&0 * +,$,-$,+.s S!" ) ) 1) hose movables susceptible of appropriation which are not inclue in the preceing article2) Real property which by any special special provision provision of law is consiere consiere as personalty!) Forces of nature which are brought brought uner control of science) "n gener general, al, all things things which which can can be be ransporte from place to place Transporte without impairment of the real property to which they are fi0e(A$t %&1 * +,$,-$,+.s) 1)
2)
bligat bligation ions s an action actions s whic which h have have for for thei theirr obje object ct mova movabl bles es or emanable sums- an Shares Shares of stoc stoc of agricul agricultur tural, al, commercial an inustrial entities, although they have real estate. TESTS: a) %y e 0 c l u s i o n < movables a r e everything not inclue in Art. 1. b) %y escription< an object is movable if it possesses< 1) Ability to change location 2) @ithout substantial injury to the immovable to which it is attache.
College of Business Administration Education Legal Management Bolton Street, Davao City Personal Law Notes Jedi Bentillo
II !Y OWNERSHIP I2+o$t,/t Do3t$i/es4+$i/3i+les o/ i22ov,le ,/d 2ov,le +$o+e$ties: a) A %uiling %uiling is an immovable immovable even if not erecte erecte by the owner of the lan. he only criterion is union or incorporation incorporation with the the soi soil. l. (Ladera (Ladera vs. Hodges, Hodges, 48 O.G. 4374). 4374). b) #artie #arties s to a contra contract ct may by agreem agreement ent treat treat as person personal al propert properties ies that which by nature woul be real propertyproperty- an it is a familiar familiar phenomenon phenomenon to see things classes as real property for purpos purposes es of ta0ati ta0ation on which which on general general principle principle might be consiere consiere personal property (Standard Oil Co. vs. Jaranillo, 44 !il "3#). "3#). c) 6or purposes of attachment an e0ecut e0ecution ion an for purpose purposes s of the hattel &ortgage *aw, ungathere proucts have the nature of personal property. (Si$al vs. %alde&, ' !il, '#). '#). ) he human boy, boy, whether alive or ea, is neither neither real nor personal personal property, for it is not even property at all, in that it generally cannot can not be appr ap prop opri riate ate. . Uner cer tai ta n in conitions, the boy of a person or parts ther thereo eoff may may be subj subjec ectt matt matter er of a transaction. (See $A =o. !:, $A =o. 515;, $A =o. 551:). e) @hat is the effect of temporary separation of movables movables from the immovables immovables to which they have been attache
A PROPERTY OF PU!LIC DO"INION Co/3e+t: "t is not owne by the
state but pertains to the state, state, which, as terr territ itor oria iall sove sovere reig ign n e0er e0erci cise ses s cert certai ain n juriical prerogatives over such property. he ownership of such properties is in the social social group, whether national, national, provincial or municipal. Pu$+ose: o serve the citi7ens an
not the state as a juriical person. 5i/ds:
1. hose intene for public use 2. hose which are not for public use but intene for public service !. hos hose e inte intene ne for for the the evelopment of the national wealth C#AAC"E$S"$CS% 1. utsie the commerce of man 2. "nalienable. %ut when no longer neee for public use or service, may be eclare eclare patrimonial patrimonial property. property. "n La*rel vs. Gar+ia (#87 SC- 77 ), ), the Supreme Supreme ourt hel that Dwhether or not the $oppongi an relate properties will eventually eventually be sol is a policy policy etermination where both the #resient an ongress must concurE. !. annot be ac9uire by prescription . =ot subject to attachment or e0ecution . annot be burene with easements NOTE: hey cannot be registere registere uner the lan registration registration law an be the subject of a orrens orrens title. he character of public property is not affect affecte e by posses possessio sion n or even even a orrens rrens itle itle in favo favorr of priv private ate persons persons.. (alan+a vs. Co//on0ealt!, " !il. 44). 44 ).
2 Biews< 1)
hey hey cont ontinue inue to be rega regar re e as immovables. 2) 6ac 6act of sepa separa rattion ion ete eterm rmin ines es the con conit itio ion n of the the obje object cts s thus thus rec recovering ing their conit ition as movables. C the latter view is supporte supporte by #aras an olentino who maintains that the failure of the coifiers to reprouce the provision of the partias partias on the matter is an inication inication that they i not inten the rule to continue. f) A builing that is to be sol or mortgage an which woul be immeiately immeiately emolishe may be consiere personal property an the sale or mortgage thereof thereof woul be a sale of chattel, chattel, or a chattel chattel mortgage respectively, respectively, for the true object of the contract woul be the materials.
! PATRI"ONIAL PROPERTY OF THE STATE #roperty of the State owne by it in its private or proprietary capacity. capacity. the state has the same rights over this in in of property as a private iniviual in relation to his own private property C PROPE PROPERTY RTY UNITS (L6Us) 1.
OF
LOCAL LOCAL
6O#ERN 6O#ERN"EN "ENT T
#roperty #roperty for for public use use > consist consist of roas, roas, streets, s9uares, fountains, public waters, promenaes an public wors for public service pai for by the *+Us 2. #atrimonial #atrimonial #roperty > all other property property possesse possesse by *+Us *+Us without without prejuice prejuice to provisions of special laws
College of Business Administration Education Legal Management Bolton Street, Davao City Personal Law Notes Jedi Bentillo
II !Y OWNERSHIP I2+o$t,/t Do3t$i/es4+$i/3i+les o/ i22ov,le ,/d 2ov,le +$o+e$ties: a) A %uiling %uiling is an immovable immovable even if not erecte erecte by the owner of the lan. he only criterion is union or incorporation incorporation with the the soi soil. l. (Ladera (Ladera vs. Hodges, Hodges, 48 O.G. 4374). 4374). b) #artie #arties s to a contra contract ct may by agreem agreement ent treat treat as person personal al propert properties ies that which by nature woul be real propertyproperty- an it is a familiar familiar phenomenon phenomenon to see things classes as real property for purpos purposes es of ta0ati ta0ation on which which on general general principle principle might be consiere consiere personal property (Standard Oil Co. vs. Jaranillo, 44 !il "3#). "3#). c) 6or purposes of attachment an e0ecut e0ecution ion an for purpose purposes s of the hattel &ortgage *aw, ungathere proucts have the nature of personal property. (Si$al vs. %alde&, ' !il, '#). '#). ) he human boy, boy, whether alive or ea, is neither neither real nor personal personal property, for it is not even property at all, in that it generally cannot can not be appr ap prop opri riate ate. . Uner cer tai ta n in conitions, the boy of a person or parts ther thereo eoff may may be subj subjec ectt matt matter er of a transaction. (See $A =o. !:, $A =o. 515;, $A =o. 551:). e) @hat is the effect of temporary separation of movables movables from the immovables immovables to which they have been attache
A PROPERTY OF PU!LIC DO"INION Co/3e+t: "t is not owne by the
state but pertains to the state, state, which, as terr territ itor oria iall sove sovere reig ign n e0er e0erci cise ses s cert certai ain n juriical prerogatives over such property. he ownership of such properties is in the social social group, whether national, national, provincial or municipal. Pu$+ose: o serve the citi7ens an
not the state as a juriical person. 5i/ds:
1. hose intene for public use 2. hose which are not for public use but intene for public service !. hos hose e inte intene ne for for the the evelopment of the national wealth C#AAC"E$S"$CS% 1. utsie the commerce of man 2. "nalienable. %ut when no longer neee for public use or service, may be eclare eclare patrimonial patrimonial property. property. "n La*rel vs. Gar+ia (#87 SC- 77 ), ), the Supreme Supreme ourt hel that Dwhether or not the $oppongi an relate properties will eventually eventually be sol is a policy policy etermination where both the #resient an ongress must concurE. !. annot be ac9uire by prescription . =ot subject to attachment or e0ecution . annot be burene with easements NOTE: hey cannot be registere registere uner the lan registration registration law an be the subject of a orrens orrens title. he character of public property is not affect affecte e by posses possessio sion n or even even a orrens rrens itle itle in favo favorr of priv private ate persons persons.. (alan+a vs. Co//on0ealt!, " !il. 44). 44 ).
2 Biews< 1)
hey hey cont ontinue inue to be rega regar re e as immovables. 2) 6ac 6act of sepa separa rattion ion ete eterm rmin ines es the con conit itio ion n of the the obje object cts s thus thus rec recovering ing their conit ition as movables. C the latter view is supporte supporte by #aras an olentino who maintains that the failure of the coifiers to reprouce the provision of the partias partias on the matter is an inication inication that they i not inten the rule to continue. f) A builing that is to be sol or mortgage an which woul be immeiately immeiately emolishe may be consiere personal property an the sale or mortgage thereof thereof woul be a sale of chattel, chattel, or a chattel chattel mortgage respectively, respectively, for the true object of the contract woul be the materials.
! PATRI"ONIAL PROPERTY OF THE STATE #roperty of the State owne by it in its private or proprietary capacity. capacity. the state has the same rights over this in in of property as a private iniviual in relation to his own private property C PROPE PROPERTY RTY UNITS (L6Us) 1.
OF
LOCAL LOCAL
6O#ERN 6O#ERN"EN "ENT T
#roperty #roperty for for public use use > consist consist of roas, roas, streets, s9uares, fountains, public waters, promenaes an public wors for public service pai for by the *+Us 2. #atrimonial #atrimonial #roperty > all other property property possesse possesse by *+Us *+Us without without prejuice prejuice to provisions of special laws
NOTE: "n the case of rovin+e o1 2a/$oanga Del orte vs. City o1 2a/$oanga, 2a/$oanga , the Supreme ourt categorically state that Dthis court is not incline to hol that municipal municipal property hel an evote to public service service is in the same same categor category y as orina orinary ry private private proper property. ty. he he clas classi sifi fica cati tion on of muni munici cipa pall prop proper erty ty evote for istinctly governmental purposes as public shoul prevail over the ivil oe in this particular particular caseE. Fere, Fere, the *aw of &unicipal &unicipal orporations orporations was consiere consiere as a special law in the conte0t of Article 2 of the =. D PROPERTY OF PRI#ATE OWNERSHIP $efers to all property belonging to private persons either iniviually or collectively an those be longing to
OWNERSHIP ispose, an recover recover a he right to enjoy, ispose, thing without further limitations than those establishe by law or the will of the owner.
1.
2.
!.
. .
as the thing e0ists. "t cannot be e0tinguishe by non4user but only by
the State an any of its politic political al subivision subivisions s which are patrimonial patrimonial in nature &uebles or furniture generally has for its principal principal object the furnishing furnishing or ornamenting of a builing. =ote that there there are e0ception e0ceptions s to this efinition efinition an are generally generally not inclue as furniture furniture unless the law or the iniviualGs iniviualGs eclaration eclaration inclue them.
Ri-.ts i/3luded: 1. $ight to to enjoy< (#U6A) a) to possess (jus possieni) b) to use (jus uteni) c) to the fruits (jus frueni) an accessions ) to abuse (jus abuteni) 2. $ight to ispose< ('A/) a) to estroy b) to alienate c) to transform ) to encumber !. $ight to vinicate< ($#) a) pursuit b) recovery . $ight to e0clue< (/$) a) to enclose, fence an elimit b) to repel intrusions even with force C.,$,3te$isti3s: (/+/"#) wnership is El,sti3 > powerHs may be reuce an thereafter autom automat atic ical ally ly recov recover ere e upon upon the the cessation of the limiting rights. 6e/e$,l > the right to mae use of all the possibilities possibilities or utility of the thing owne, e0cept those attache to other real rights e0isting thereon. E73l E73lus usiv ive e > there can only be one ownership ownership over a thing at a time. here here may be two or more own ers but =*I =/ ownership. I/de+e/de/3e > I/de+e/de/3e > "t e0ists without necessity of any other right Pe$+etuit* > e$+etuit* > ownership la sts as long
as the thing e0ists. "t cannot be e0tinguishe by non4user but only by
averse possession. Li2it,tio/s: 1. +eneral limitations impose by the State for its benefit 2. Specific limitations impose by law !. *imitations impose by the party transmitting the property either by contract or by will . *imitations impose by the owner himself . "nherent limitations arising from conflict with other rights
2. $eal #roperty< a. A"= "=/$'"A* N,tu$e: summary action to recover physical or material possession only. "t consists of the summary actions of< & Fo$3ile e/t$* for recovery of Action material possession of real property when a person originally in possession was eprive
averse possession. Li2it,tio/s: 1. +eneral limitations impose by the State for its benefit 2. Specific limitations impose by law !. *imitations impose by the party transmitting the property either by contract or by will . *imitations impose by the owner himself . "nherent limitations arising from conflict with other rights De F,3to 3,se o8 E2i/e/t Do2,i/ e0propriation resulting from the actions of nature as in one case where lan becomes part of one sea. he owner loses his property in favor of the state without any compensation. P$i/3i+le o8 Sel89Hel+ right of the owner or lawful possessor to e0clue any person from the enjoyment an isposal of the property by the use of such force as may be necessary to repel or prevent actual or threatene unlawful physical invasion or usurpation of his property. Requisites: ($=A) 1. $ easonable force 2. owner or lawful possessor is the person who will e0ercise !. /o elay in oneGs e0ercise . ,ctual or threatene physical invasion or usurpation G-L
5L6 A person cannot interfere with the right of ownership of another. C9O6 Do3t$i/e o8 I/3o2+lete P$ivile-e o$ St,te o8 Ne3essit* (Article !2) Requisites: ("') 1. Interference necessary 2. Damage to another much greater than amage to property LE6AL RE"EDIES TO RECO#ER POSSESSION OF ONES PROPERTY 1. #ersonal property< $eplevin REPLE#IN 4 remey when the complaint prays for the recovery of the possession of personal property.
2. $eal #roperty< a. A"= "=/$'"A* N,tu$e: summary action to recover physical or material possession only. "t consists of the summary actions of< & Fo$3ile e/t$* for recovery of Action material possession of real property when a person originally in possession was eprive thereof by force, intimiation, strategy, threat or stealth ; U/l,<8ul Det,i/e$ for recovery of Action possession of any lan or builing by lanlor, venor, venee, or other person against whom the possession of the same was unlawfully withhel after the e0piration or termination of the right to hol possession, by virtue of any contract.
Fo$3ile E/t$*
U/l,<8ul Det,i/e$
-s to 0!en :ossession $e+a/e *nla01*l #ossession of the efenant is unlawful from the beginning as he ac9uires possession by 6orce, intimiation, strategy, threat or stealth
#ossession is inceptively lawful but becomes illegal from the time efenant unlawfully withhols possession after the e0piration or termination of his right thereto.
-s to t!e ne+essity o1 de/and =o previous 'eman is eman for the jurisictional if the efenant to groun is non4 vacate is payment of rentals necessary or failure to comply with the lease contract -s to ne+essity o1 :roo1 o1 :rior :!ysi+al :ossession #laintiff must prove that he was in prior physical possession of the premises until he was eprive thereof by the
#laintiff nee not have been in prior physical possession
!. efenant -s to 0!en t!e # year :eriod is +o*nted 1ro/ 1 year perio is 1 year perio is generally counte counte from the from the ate of ate of last actual entry on eman or last
.
he finer is not a co4owner of the property where it is founhe finer is not a trespasser-
b. A"= #U%*""A=A rinary civil N,tu$e: proceeing to recover the better right of possession, e0cept in cases of forcible entry an unlawful etainer. he involve is not possession e facto but possession e jure. c. A"= $/"B"='"A$"A N,tu$e: action to recover real property base on ownership. Fere, the object is the recovery of the ominion over the property as owner. Requisites: 1. "entity of the #roperty 2. #laintiffGs title to the property Su$8,3e Ri-.ts he owner of parcel of lan is the owner of its surface an everything uner it. he economic utility which such space or subsoil offers to the owner of the surface sets the limit of the ownerGs right to the same. HIDDEN TREASURE De8i/itio/< any hien or unnown eposit of money, jewelry or other precious objects, the lawful ownership of which oes not appear. G-L 5L6 "t belongs to the owner of the lan, builing or other property on which it is foun. C9OS6 he finer is entitle to J provie< 1. 'iscovery was mae on the property of another, or of the state or any of its political subivisions2. he fining was mae by chance-
. 3.
he finer is not an agent of the lanownerhe finer is not marrie uner the absolute community or the conjugal partnership system (otherwise his share belongs to the community).
ACCESSION he right by virtue of which the owner of a thing becomes the owner of everything that it may prouce or which may be inseparably unite or incorporate
c.
civil fruits > rents of builings, price of leases or lans an the amount of perpetual or life annuities or other similar income
G-L 5L6 o the owner belongs the natural, inustrial, an civil fruits. C9OS6 "f the thing is< (PULA) a) in +ossession of a possessor in goo faithb) subject to a usufructc) lease or plege- or
. 3.
he finer is not an agent of the lanownerhe finer is not marrie uner the absolute community or the conjugal partnership system (otherwise his share belongs to the community).
ACCESSION he right by virtue of which the owner of a thing becomes the owner of everything that it may prouce or which may be inseparably unite or incorporate thereto, either naturally or artificially.
c.
civil fruits > rents of builings, price of leases or lans an the amount of perpetual or life annuities or other similar income
G-L 5L6 o the owner belongs the natural, inustrial, an civil fruits. C9OS6 "f the thing is< (PULA) a) in +ossession of a possessor in goo faithb) subject to a usufructc) lease or plege- or ) in possession of an ,ntichretic creitor
Cl,ssi8i3,tio/s: 1. -++ession Dis+reta > the right pertaining to the owner of a thing over everything prouce thereby 5i/ds o8 F$uits a. natural fruits > spontaneous proucts of the soil an the young an other proucts of animals b. inustrial fruits > those prouce by lans of any in through cultivation or labor
of river course, an formation of islans b. @ith respect to +e$so/,l +$o+e$t* i. ajunction or conjuction ii. commi0tion or confusion iii specification !,si3 P$i/3i+les: (+=/ %A') 1.
Fe who is in -oo faith may be hel responsible but will not be penali7e.
2. -++ession Contin*a > the right pertaining to the owner of a thing over everything that is incorporate or attache thereto either naturally or artificially- by e0ternal forces. a. @ith respect to $e,l +$o+e$t* i. a++ession ind*strial builing, planting or sowing ii. a++ession nat*ral alluvium, avulsion, change
e) he provision on inemnity in Art. 8 may be applie by analogy consiering that the primary intent of the law is to avoi a state of force co4ownership especially where the parties in the main agree that Articles 8 an 3 are applicable an inemnity for the improvements may be pai although they iffer as to the basis of the inemnity. (e+son vs. C- 44 SC47).
of river course, an formation of islans b. @ith respect to +e$so/,l +$o+e$t* i. ajunction or conjuction ii. commi0tion or confusion iii specification !,si3 P$i/3i+les: (+=/ %A') 1.
Fe who is in -oo faith may be hel responsible but will not be penali7e.
2.
o the owner of a thing belongs the e0tension or increase of such thing.
!.
%a faith of one party / eutrali7es the ba faith of the other. . here shoul be no unjust e nrichment at the e0pense o f others.
. Bad
faith involves liability for damages. 3. A cc essory follows the principal. 5. Accession exists only if the incorporation is such that separation woul either seriously damag e the thing or iminish its value. Ri-.t o8 A33essio/ increment which lans abutting rivers graually receive as a result of the curre nt of the waters. Co/3e+t: it is the graual eposit of seiment by the natural action of a current of fresh water (not sea water, the original ientity of the eposit being lost.
Requisites: a) the eposit be graual an imperceptible b) that it be mae through the effects of the current of the water c) that the lan where accretion taes place is ajacent to the bans of the river. NOTES: he owners of the lans ajoining the bans of the river (riparian lans) shall own the accretion which they graually receive. operates ipso jure. Accretion Fowever, the aitional area is not covere by a orrens title an the riparian owner must register the aitional area.
Do3t$i/es: a) @here the eposit is by sea water, it belongs to the state b) A graual change of be is also governe by the rules of alluvium (Canas vs. *ason ' !il. "8)
2. A&ulsion > the transfer of a nown portion of lan from one tenement to another by the force of the
current. he portion of lan must be such that it can be ientifie as coming from a efinite tenement.
Requisites: a) he segregation an transfer must be cause by the current of a river, cree or torrent. b) he segregation an transfer must be suen or abrupt c) he portion of lan transporte must be nown or ientifie
NOTES: owner must remove the he transporte portion within two years to retain ownership "n case of uproote trees, the owner retains ownership if he maes a claim within 3 months. his refers only to uproote trees an oes not inclue trees which remain plante on a nown portion of lan carrie by the force of the waters. "n this latter case, the trees are regare as accessions of the lan through graual changes in the course of ajoining stream. (ayatas vs. *a&on) uner the orrens system $egistration oes not protect the riparian owner against iminution of the area of his lan through graual changes in the course of ajoining stream (ayatas vs. *a&on). Alluviu2 1. graual an im erce tible 2. soil cannot be ientifie !. belongs to the owner of the property to which
Avulsio/ 1. suen or abru t rocess 2. ientifiable an verifiable !. belongs to the owner from whose property it was
. merely attach4ment
. etachment fol4 lowe by
an
!. C'ange of course of ri&ers Requisites: a) here must be a natural change in the course of the waters of the river b) he change must be abrupt or suen
b)
that they form a single object,
NOTES: nce the river be has been abanone, the owners of the invae lan become owners of the abanone be to the e0tent provie by this article. =o positive act is neee on their part, as it is subject thereto ipso jure from the moment the moe of ac9uisition becomes evient. "t oes not apply to cases where the river simply ries up because there are no persons whose lans are occupie by the waters of the river. . !ormation of $slands $U*/S = @=/$SF"# a. 91 1or/ed $y t!e sea6 1) within territorial waters 4 State 2) outsie territorial waters > to the first occupant $. 91 1or/ed in la to the nearer reparian owner 2) if e9uiistant from both bans4 to the reparian owners, by halves. NOTE: here is no accession when islans are forme by the branching of a riverthe owner retains ownership of the isolate piece of lan. Ri-.t o8 A33essio/ r*le o1 i/:ortan+e and :*r:ose
b. c.
an interest in proportion to the value of his material %y one owner in goo faith< apply rule(a) %y one owner in ba faith< i) he loses all his rights to his own material ii) he is liable for amages
*. Secification "t is the transformation of anotherGs material
a)
or that their separation woul impair their nature 5i/ds: a. inclusion or engraftment b. solaura or solering c. escritura or writing . pintura or painting e. tejio or weaving "ests to determine rincial% a. t!e >r*le o1 i/:ortan+e and :*r:ose b. that of greater value c. that of greater volume d. t!at o1 greater /erits Rules: Ajunction in goo faith by either owner< < accessory follows the principal. if the accessory is
much more precious than the principal, the owner of the accessory may eman the separation even if the principal suffers some injury
b)
c)
Adjunction in bad faith by the owner of the principal option of the owner of the accessory< i) to recover the value amages ii) to eman separation amages Ajunction in ba faith owner of the accessory i) he loses the accessory ii) he is liable for amages
plus plus by
the
W.e/ se+,$,tio/ o8 t.i/-s ,llo mi0ture of solis b. onfusion > mi0ture of li9uis
Rules: a. %y the will of both owners or by accient< each owner ac9uires
b. c.
an interest in proportion to the value of his material %y one owner in goo faith< apply rule(a) %y one owner in ba faith< i) he loses all his rights to his own material ii) he is liable for amages
*. Secification "t is the transformation of anotherGs material by the application of labor. he material becomes a thing of ifferent in. *abor is the principal
Rules: a) wner of the principal (worer) in goo faith< i) maer ac9uires the new thing ii) he must inemnify the owner of the material < if the material is more valuable than the resulting thing, the owner of the material has the option< 1) to ac9uire the wor, inemnifying for the labor, or 2) to eman inemnity for the material b) owner of the principal (worer) in ba faith< the owner of the material has the option< i) to ac9uire the result without inemnity ii) to eman inemnity for the material plus amages c) wner of the material in ba faith i) he loses the material ii) he is liable for amages
Adjunction
Mixture
1. Involves at least 2 things
Involves at least 2 things
Specification May involve one thing or more) but form is changed
2. Accessory follows the principal
!o" ownership results
Accessory follows the principal
!. hings joine retain their nature
hings mi0e or confuse may either retain or lose their respective natures
he new object retains or preserves the nature of the original object.
=UIETIN6 OF TITLE "t is an e9uitable action in rem to etermine the conition of the ownership or the rights to immovable property, an remove oubts thereon.
Requisites: plaintiff must have a legal or e9uitable title to, or interest in the real property which is the subject matter of the action2. there must be a clou in such title!. such clou must be ue to some instrument, recor, claim, encumbrance or proceeing which is apparently vali but is in truth invali, ineffective, voiable or unenforceable, an is prejuicial to the plaintiffGs title- an . plaintiff must return to the efenant all benefits he may have receive from the latter, or reimburse him for e0penses that may have reoune to his benefit. 1.
P$es3$i+tive Pe$iod: 1. plaintiff in possession > imprescriptible 2. plaintiff not in possession > 1; (orinary) or !; years (e0traorinary)
Action to quiet title
Action to remove a cloud on title
PURPOSE to put an end to to remove a troublesome possible foundation litigation in for a future hostile respect to the claim property involved
the instrument or entry in plaintiffGs favor is not what it purports to be c) to bounary isputes ) to ees by strangers to the title U=*/SS purporting to convey the property of the plaintiff e) to instruments invali on their face f) where the valiity of the instrument involves pure 9uestions of law Rui/ous !uildi/-s ,/d T$ees i/ D,/-e$ o8 F,lli/-: to builings > the owners is As oblige to emolish or e0ecute necessary wor to prevent the builing from falling. Shoul he fail to o so, the authorities shall orer its emolition at the e0pense of the owner, or tae measures to insure public safety. he complainant must show that his property is ajacent to the angerous construction, or must have to pass by necessity in the immeiate vicinity. he owner is responsible for amages to others ue to lac of necessary repairs. Fowever, if the amage is cause by efects in the construction, then the builer is responsible for the amages. CO9OWNERSHIP De8i/itio/: the right of common ominion which two or more persons have in a spiritual part of a thing which is not physically ivie.
NATURE OF TE A!T"ON remedial action #reventive action involving a present to prevent a future adverse claim cloud on the title
C.,$,3te$isti3s: a) plurality of subjects (the co4 owners) b) there is a single object which is not materially ivie c) there is no mutual representation by the co4owners ) it e0ist for the common enjoyment of the co4owners e) it has no istinct legal personality
T.e ,3tio/ to quiet title does /ot ,++l*: a) to 9uestions involving interpretation of ocuments b) to mere written or oral assertions of claims- /K/#< i) if mae in a legal proceeing ii) if it is being asserte that
Co/3e+t: co4ownership e0ists where the ownership of a thing physically univie pertains to more than one person.
8. no public instrument neee even if real property is the object of the
8. &ay be mae in any form e0cept when real property is contribute
:. An agreement to eep the thing univie for a perio of more than
:. here may be agreement as to a efinite term without limit set by law
Rules:
C.,$,3te$isti3s: a) plurality of subjects (the co4 owners) b) there is a single object which is not materially ivie c) there is no mutual representation by the co4owners ) it e0ist for the common enjoyment of the co4owners e) it has no istinct legal personality f) it is governe first of all by the contract of the parties- otherwise, by special legal provisions, an in efault of such provisions, by the provisions of itle """ on co4ownership
Sou$3es: 1. *aw 2. ontract !. hance . ccupation . Succession 3. estamentary isposition or onation inter vivos
!o#o$ner%&ip 1. !an be created without the formalities of a contract 2. %as no juridical or legal personality &. #urpose is collective enjoyment of the thing '. !o"owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co"owner . *here is no mutual representation
Partner%&ip 1. !an be created only by contract$ express or implied 2. %as juridical personality distinct from the partners &. #urpose is to obtain profits '. A partner$ unless authori(ed cannot dispose of his share and substitute another as a partner in his place
. A partner can generally bind the partnership +. ,istribution of +. ,istribution of profits must be profits is subject to proportional to the the stipulation of the respective interests parties of the co"owners -. A co"ownership is -. ,eath or not dissolved by the incapacity dissolves death or incapacity the partnership of a co"owner
1.
8. no public instrument neee even if real property is the object of the
8. &ay be mae in any form e0cept when real property is contribute
:. An agreement to eep the thing univie for a perio of more than
:. here may be agreement as to a efinite term without limit set by law
Rules: Ri-.ts o8 e,3. 3o9oo$it* o8 i/te$ests: a) &anagement &inority may appeal to the court against the majorityGs ecision if the same is seriously prejuicial. b) /njoyment c) "mprovement or embellishment
conveye or transferre to persons other than 6ilipino citi7ens or corporations at least 3;L of the capital stoc of which belong to 6ilipino citi7ens, e0cept in cases of hereitary succession. G-L 5L6 ommon areas shall remain univie, an there shall be no juicial partition thereof< C9OS6 1. @hen the project has not been rebuilt or
? Ri-.ts ,s to t.e ide,l s.,$e o8 e,3. 3o9 o where possessor claims the thing for himself b) "n the name of another > for whom the thing is hel by the possessor c) "n the concept of owner > possessor of the thing or right , by his actions, is consiere or is believe by other people as the owner, regarless of the goo or ba faith of the possessor ) "n the concept of holer > possessor hols it merely to eep or enjoy it, the ownership pertaining to another personpossessor acnowleges in another a superior right which he believes to be ownership. =/< =one of these holers assert a claim of ownership in himself over the thing but they may be consiere as possessors in the concept of owner, or uner claim of ownership, with respect to the right they respectively e0ercise over the thing. e) "n goo faith > possessor is not aware that there is in his title or moe of ac9uisition a efect that invaliates it Requisites: 1. stensible title or moe of ac9uisition 2. Bice or efect in the title !. #ossessor is ignorant of the vice or efect an must have an honest belief that the thing belongs to him
NOTE: +ross an ine0cusable ignorance of the law may not be the basis of goo faith, but possible, e0cusable ignorance may be such basis. (?asilag vs o@*e, " H9L #7) f) "n ba faith > possessor is aware of the invaliating efect in his own title. NOTES: nly personal nowlege of the flaw in oneGs title or moe of a c9uisition can mae him a possessor in ba faith. "t is not transmissible even to an heir. #ossession in goo faith ceases from the moment efects in his title are mae nown to the possessor. his interruption of goo faith may tae place at the ate of summons or that of the answer if the ate of summons oes not appear. Fowever, there is a contrary view that the ate of summons may be insufficient to convince the possessor that his title is efective.
!. #roper acts an legal formalities establishe for ac9uiring such right.
P$esu2+tio/s i/ 8,vo$ o8 +ossesso$: 1. of goo faith 2. of continuity of initial goo faith !. of enjoyment in the same character in which possession was ac9uire until the contrary is prove . of non4interruption in favor of the present possessor . of continuous possession by the one who recovers possession of which he was wrongfully eprive 3. of e0tension of possession of real property to all movables containe therein
O>e3t o8 +ossessio/: All things an rights
susceptible of being appropriate 1. 2. !. .
$es communes #roperty of public ominion 'iscontinuous servitues =on4apparent servitues
A3quisitio/ o8 +ossessio/: ",//e$ 1. &aterial occupancy of the thing 2. Subjection to the action of our will
Co/8li3ts etu$,to$i, where the usufructuary, being unable to file the re9uire bon or security, files a verifie petition in the proper court asing for the elivery of the house an furniture necessary for himself an his family without any bon or security. taes an oath to tae care of the things an restore them cannot be property
the owner unless there is a right of retention b. o pay legal interest on the amount spent by the owner for e0traorinary repairs or ta0es on the capital c. o inemnify the owner for any losses ue to his negligence or of his transferees E7ti/-uis.2e/t o8 Usu8$u3t< (#2'/$&) 1. Prescription
alienate or encumbere or lease because this woul mean that the usufructuary oes not nee it. NOTE: E88e3ts o8 8,ilu$e to +ost o/d: 1. owner shall have the following options< a. receivership of realty, sale of movables, eposit of securities, or investment of money- $ b. retention of the property as aministrator 2. the net prouct shall be elivere to the usufructuary !. usufructuary cannot collect creits ue or mae investments of the capital without the consent of the owner or of the court until the bon is given. 2.
uring t'e usufruct% a. o tae care of the property b. o replace with the young thereof animals that ie or are lost in certain cases when the usufruct is constitute on floc or her of livestoc c. o mae orinary repairs . o notify the owner of urgent e0tra4orinary repairs e. o permit wors an improvements by the nae owner not prejuicial to the usufruct f. o pay annual ta0es an charges on the fruits g. o pay interest on ta0es on capital pai by the nae owner h. o pay ebts when the usufruct is constitute on the whole patrimony i. o secure the nae ownerGs or courtGs approval to collect creits in certain cases j. o notify the o wner of any prejuicial act committe by thir persons . o pay for court e0penses an costs regaring usufruct.
!. At t'e termination of t'e usufruct% a. o return the thing in usufruct to
the owner unless there is a right of retention b. o pay legal interest on the amount spent by the owner for e0traorinary repairs or ta0es on the capital c. o inemnify the owner for any losses ue to his negligence or of his transferees E7ti/-uis.2e/t o8 Usu8$u3t< (#2'/$&) 1. Prescription 2. Termination of right of the person constituting the usufruct !. Total loss of the thing . Death of the usufructuary, unless contrary intention appears . E0piration of the perio or fulfillment of the resolutory conition 3. Renunciation of the usufructuary 5. "erger of the usufruct an ownership in the same person EASE"ENT OR SER#ITUDE /ncumbrance impose upon an immovable for the benefit of a community or one or more persons or for the benefit of another immovable belonging to a ifferent owner.
Co/3e+t: it is a real right, constitute on the corporeal immovable property of another, by virtue of which the owner of the latter has to refrain from oing or must allow something to be one on his property, for the benefit of another person or tenement.
C.,$,3te$isti3s: "t is a real right but will affect thir persons only when uly registere "t is enjoye over another immovable, never on oneGs own property "t involves two neighboring estates (in case of real easements) "t is inseparable from the estate to which it is attache, an, therefore, cannot be alienate inepenently of the estate "t is inivisible for it is not affecte by the ivision of the estate between two or more persons
a) b) c) )
e)
f)
"t is a right limite by the nees of the ominant owner or estate, without possession g) "t cannot consist in the oing of an act unless the act is accessory in relation to a real easement h) "t is a limitation on the servient ownerGs rights of ownership for the benefit of the ominant owner- an, therefore, it is not presume
Classification% 1. As to its eercise% a)ontinuous /asements > those the use of which is, or may be, incessant without the intervention of any act of man b) 'iscontinuous /asements > those which are use at intervals an epen upon the acts of man 2. As to t'e indication of t'eir eistence% a) Apparent /asements > those which are mae nown an are continually ept in view by e0ternal signs that reveal the use an enjoyment of the same b) =on4apparent /asements > those which show no e0ternal inication of their e0istence !. As to dut/ of ser&ient owner a) #ositive > the servient owner must allow something to be one in his property or o it himself. hese are calle servitues of intrusion an orHserviceE b) =egative > the servient owner must refrain from oing something which he coul lawfully o if the easement i not e0ist
Ea%ement
!. here is a limite right to the use of real property of another but without the right of possession
*imite right to both the possession an use of anotherGs property
Ea%ement
U%ufruct
1. Imposed only on real property
May involve either real or personal property Includes all the uses and the fruits of the property
2. 5imited to particular or specific use of the servient estate &. A non"possessory right over an immovable
Involves a right of possession in an immovable or immovable
'. ot extinguished by the death of the dominant owner
/xtinguished by the death of the usufructuary
"odes o8 A3quisitio/: (#'6A) 1. by +rescription of 1; years (continuous an apparent easements) 2. by dee of recognition !. by 8 inal jugment . by ,pparent sign establishe by the owner of two ajoining estates . by title Do2i/,/t Ou$is t,/tu2): 1. in ajoining walls of b uilings, up to common elevation
. in itches or rains between tenements
Reutt,l o8 +$esu2+tio/: 1. title 2. by contrary proof< !. by signs contrary to the e0istence of the servitue (Arts. 33; ? 331) NOTE: if the signs are contraictory, they cancel each other Ri-.ts o8 +,$t o the right to mae openings or winows, to enjoy the view through the estate of another an the power to prevent all constructions or wor which woul obstruct such view or mae the same ifficult. "t necessarily inclues easement of light
of the lan covere by increase
the
Oli-,tio/s o8 e,3. +,$t9o the right to mae openings or winows, to enjoy the view through the estate of another an the power to prevent all constructions or wor which woul obstruct such view or mae the same ifficult. "t necessarily inclues easement of light Rest$i3tio/s o/ o+e/i/-s i/ o/es o counte from the time of the opening of the winow, if it is through a party wall b. negative > counte from the formal prohibition on the servient owner. NOTE: mere non4observance of istances prescribe by Art. 35; without formal prohibition, oes not give rise to prescription
#OLUNTARY EASE"ENTS onstitute by the will of the parties or of a testator. he owner possessing capacity to encumber property may constitute voluntary servitue. "f there are various owners, A** must consent- but consent once given is not revocable Boluntary easements are establishe in favor of< 1. preial servitues< a. for the owner of the ominant estate b. for any other person having any juriical relation with the ominant estate, if the owner ratifies it. 2. personal servitues< for anyone capacitate to accept. NUISANCE Any act, omission, establishment, business or conition of property or anything else which< (ISAHO) 1. InjuresHenangers the health or safety of others2. Shocs, efies or isregars ecency or morality!. Annoys or offens the senses. Hiners or impairs the use of proper ty- or . Obstructs or interferes with the free passage to any public highway or street, or boy of water.
Cl,sses: 1. #er se > nuisance at all times an uner all circumstances regarless of location an surrouning. 2. #er acciens > nuisance by reason of circumstances, location, or surrounings. !. #ublic > affects the community or a consierable number of persons. . #rivate > affects only a person or a small number of persons.
Do3t$i/e o8 Att$,3tive Nuis,/3e: ne who /aintains on his premises angerous instrumentalities or appliances of a character liely to attract chilren in play an who 1ails
to e0ercise orinary care to prevent chilren from playing therewith or resorting thereto is liable to a chil of tener years who is injure thereby, even if the chil is technically a trespasser in the premises. Re2edies ,-,i/st +uli3 /uis,/3e: (#/) 1. Prosecution uner the $# or local orinance 2. Civil Action !. E0trajuicial Abatement Re2edies ,-,i/st +$iv,te /uis,/3e: (/) 1. Civil Action 2. E0trajuicial Abatement
DIFFERENT "ODES (,/d TITLES) o8 AC=UIRIN6 OWNERSHIP
Mode% of acquirin( o$ner%&ip
A. Original Modes 1. 6ccupation 1. !ondition of being without 7nown owner 2. 8or7 which 2. !reation$ includes discovery or invention Intellectual creation &.
'. .
E7t$,>udi3i,l A,te2e/t Requisites: 1. nuisance must be specially injurious to the person affecte2. no breach of peace or unnecessary injury must be committe!. prior eman. prior eman has been rejecte. approval by istrict health officer an assistance of local police- an 3. value of estruction oes not e0cee #!,;;;.
+.
-.
Requisites: 1. there must be sei7ure of a thing 2. the thing sei7e must be corporeal personal property !. the thing must be susceptible of appropriation by nature . the thing must be without an owner . there must be an intention to appropriate
S+e3i8i3 i/st,/3es: 1. hunting an fishing 2. fining of movables which o not have an owner !. fining of abanone movables . fining of hien treasure
"ODE is the specific cause which gives rise to them, as the result of the presence of a special conition of things, of the aptitue an intent of persons, an of compliance with the conitions establishe by law. his is the pro0imate cause of the ac9uisition. TITLE is the juriical justification for the ac9uisition or a transfer of ownership or other real right. his is the remote cause of the ac9uisition.
.
catching of swarm of bees that has escape from its owner, uner certain conitions 3. catching of omesticate animals that have escape from their owners, uner certain conitions 5. catching of pigeons without frau or artifice 8. transfer of fish to another breeing place without frau or artifice
B. Derivative modes 5aw &. /xistence of re9uired conditions *radition '. !ontract of the parties ,onation . !ontract of the parties #rescription +. #ossession in the concept of owner :uccession -. ,eath
OCCUPATION a moe of ac9uiring ownership by the sei7ure of things corporeal which have no owner, with the intention of ac9uiring them, an accoring the rules lai own by law.
THEORY OF "ODE AND TITLE
Title% of acquirin( o$ner%&ip
2. transmission shoul be by just title !. grantor an grantee shoul have intention an capacity to transmit an ac9uire . transmission shoul be manifeste by some act which shoul be physical, symbolical or legal DONATION an act of liberality whereby a person isposes gra tuitously of a thing or right in
.
catching of swarm of bees that has escape from its owner, uner certain conitions 3. catching of omesticate animals that have escape from their owners, uner certain conitions 5. catching of pigeons without frau or artifice 8. transfer of fish to another breeing place without frau or artifice TRADITION4DELI#ERY a moe of ac9uiring ownership as a +onse@*en+e o1 +ertain +ontra+ts, by virtue of which, the object is place in the control an possession of the transferee, actually or constructively.
5i/ds: 1. $eal raition 4 actual elivery 2. onstructive raition a. traditio sy/$oli+a > parties mae use of a toen or symbol to represent the thing elivere b. traditio longa /an* > by mere consent of the parties if the thing sol cannot be transferre to the possession of the venee at the time of the sale c. traditio $revi /an* > when the venee alreay has possession of the thing sol by virtue of another title . traditio +onstit*t*/ :ossessori*/ > when the venor continues in possession of the thing sol not as owner but in some other capacity !. Puasi4traition > e0ercise of the right of the grantee with the consent of the grantor . radi+ion :or /inisterio de la ley > elivery by operation of law ". radition $y :*$li+ instr*/ent Requisites: 1. right transmitte shoul have previously e0iste in the patrimony of the grantor
2. transmission shoul be by just title !. grantor an grantee shoul have intention an capacity to transmit an ac9uire . transmission shoul be manifeste by some act which shoul be physical, symbolical or legal DONATION an act of liberality whereby a person isposes gra tuitously of a thing or right in favor of another who accepts it
Requisites: "'A 1. onor must have 3apacity to mae the onation 2. he must have onative intent (animus onani) !. there must be delivery 4. onee must ,ccept or consent to the onation
Esse/ti,l 8e,tu$es4ele2e/ts o8 , t$ue do/,tio/: a) Alienation of property by the onor uring his lifetime, which is accepte b) "rrevocability by the onor c) "ntention to benefit the onee (animus onani) ) onse9uent impoverishment of the onor (iminution of his assets)
Cl,ssi8i3,tio/: 1. As to effectivity< a. inter vivos b. mortis causa c. propter nuptias 2. As to perfectionHe0tinguishment< a. pure b. with a conition c. with a term !. As to consieration< a. simple 4 gratuitous b. remuneratory or compensatory > mae on account of oneeGs merits c. moal > imposes upon the onee a buren which is less than the value of the thing onate
Do/,tio/ I/te$ Do/,tio/ "o$tis #ivos C,us, 1. aes effect aes effect upon inepenently of the the eath of the onorGs eath onor 2. itle conveye to the onee before the onorGs
1;. &ae by spouses to each other uring the marriage or to persons of whom the other spouse is a presumptive heir.
itle conveye upon onorGs eath
!. Bali if onor Boi if onor survives survives onee onee . +enerally irrevo4 Always revocable cable uring G . &ust comply &ust comply with the with the formalities re9uire by formalities law for the e0ecution re9uire by Arts. f wills 58 an 5: of the Do/,tio/s +$o.iited * l,<: 1. &ae by persons guilty of aultery or concubinage at the time of onation2. &ae between persons foun guilty of the same criminal offense in consieration thereof!. &ae to a public officer or hisHher spouse, escenants or ascenants in consieration of hisHher office. &ae to the priest who hear the confession of the onor uring the latterGs last illness, or the minister of the gospel who e0tene spiritual ai to him uring the same perio. &ae to relatives of such priest, etc. within the th egree, or to the church to 3. 5.
8.
:.
which such priest belongs&ae by a war to the guarian before the approval of accounts&ae to an attesting witness to the e0ecution of onation, if there is any, or to the spouse, parents, or chilren, or anyone claiming uner them. &ae to a physician, surgeon, nurse, health officer or ruggist who too care of the onor uring hisHher last illness&ae by iniviuals, associations or corporations not permitte by law to mae onations- an
Fo$2s o8 do/,tio/s: 1. onations of mo&a0le roert/% a. @ith simultaneous elivery of property onate< i.it may be oralHwritten > #,;;; or lessii.if value e0cees #,;;; > written in public or private ocument b. @ithout simultaneous elivery< the onation an acceptance must be written in a public or private instrument, regarless of
NOTE: /0pression of gratitue to the onor without e0press acceptance was hel a sufficient acceptance (C*evas vs C*evas) LI"ITATIONS ON DONATION OF PROPERTY 1. 6uture property cannot be onate. 2. #resent property that can be onate< a) if the onor has force heirs< he cannot give or receive by onation more than he can give of receive by will
Fo$2s o8 do/,tio/s: 1. onations of mo&a0le roert/% a. @ith simultaneous elivery of property onate< i.it may be oralHwritten > #,;;; or lessii.if value e0cees #,;;; > written in public or private ocument b. @ithout simultaneous elivery< the onation an acceptance must be written in a public or private instrument, regarless of value +. onation of immo&a0le roert/% a. must be in a public instrument specifying the property onate an the burens assume by onee, regarless of value b. acceptance must be either< i. in the same instrument- or ii. in another public instrument, notifie to the onor in authentic form, an note in both ees
relatives which are entitled to $e s*::orted $y !i/. EFFECTS OF DONATION 1. onee may eman the elivery of the thing onate 2. onee is subrogate to the rights of the onor in the property !. in onations propter nuptias, the onor must release the property from encumbrances, e0cept
NOTE: /0pression of gratitue to the onor without e0press acceptance was hel a sufficient acceptance (C*evas vs C*evas) LI"ITATIONS ON DONATION OF PROPERTY 1. 6uture property cannot be onate. 2. #resent property that can be onate< a) if the onor has force heirs< he cannot give or receive by onation more than he can give of receive by will b) if the onor has no force heirs< onation may inclue all present property provie he reserves in full ownership or in usufruct< 1) the amount necessary to support him, an 2) those relatives entitle to support from him !) property sufficient to pay the onorGs ebt contracte prior to the onation. !. 'onation shoul not prejuice creitors . 'onee must reserve sufficient means for his support an for his
rights through the la pse of time in the manner an uner the conitions lai own by law. a. Ordinary a+@*isitive :res+ri:tion< re9uires possession of things in goo faith an with just title for the time fi0e by law b. traordinary a+@*isitive :res+ri:tion< ac9uisition of ownership an other real rights without nee of title or of goo faith or any other
relatives which are entitled to $e s*::orted $y !i/. EFFECTS OF DONATION 1. onee may eman the elivery of the thing onate 2. onee is subrogate to the rights of the onor in the property !. in onations propter nuptias, the onor must release the property from encumbrances, e0cept servitues . onorGs warranty e0ists if a. e0presse b. onation is propter nuptias c. onation is onerous . onor is in ba faith . when the onation is mae to several onees jointly, they are entitle to e9ual portions, without accretion, unless the contrary is stipulate P,*2e/t o8 t.e do/o$s det * t.e do/ee 1. "f there is e0press stipulation< the onee is to pay only ebts contracte before the onation, if not otherwise specifie- but the onee answers only up to the value of the property onate, if no stipulation is mae to the contrary 2. "f there is no stipulation< the onee is answerable for the ebts of the onor only in case of frau against creitors. ACTS OF IN6RATITUDE 1. "f the onee shoul commit some offense against the person, honor or property of the onor, or of his wife or chilren uner his parental authority 2. "f the onee imputes to the onor any criminal offense, or any act involving moral turpitue, even though he shoul prove it, unless the crime or act has been committe against the onee himself, his wife or chilren uner his authority !. $efusal to support the onor PRESCRIPTION 5i/ds: 1. A3quisitive +$es3$i+tio/ 4 ownership an other real
one ac9uires
rights through the la pse of time in the manner an uner the conitions lai own by law. a. Ordinary a+@*isitive :res+ri:tion< re9uires possession of things in goo faith an with just title for the time fi0e by law b. traordinary a+@*isitive :res+ri:tion< ac9uisition of ownership an other real rights without nee of title or of goo faith or any other conition Requisites: 1) capacity to ac9uire by prescription 2) a thing capable of ac9uisition by prescription !) possession of thing uner certain conitions ) lapse of time provie by law 2. E7ti/3tive P$es3$i+tio/ > rights an actions are lost through the lapse of time in the manner an uner the conitions lai own by law.
Acqui%itive pre%cription 1. relationship between the occupant and the land in terms of possession is capable of producing legal conse9uences it is the possessor who is the actor 2. re9uires possession by a claimant who is not the owner
Extinctive pre%cription 1. one does not loo7 to the act of the possessor but to the neglect of the owner
2. re9uires inaction of the owner or neglect of one with a right to bring his action &. applicable to &. applies to all ownership and other 7inds of rights$ real rights whether real or personal '. vests ownership or '. produces the other real rights in extinction of rights the occupant or bars a right of action . results in the . results in the loss ac9uisition of of a real or personal ownership or other right$ or bars the real rights in a person cause of action to as well as the loss of enforce said right said ownership or real rights in another
3. can be proven uner the general issue without its being affirmatively pleae
Pe$iod o8 P$es3$i+tio/ "ov,les
3. shoul be affirmatively pleae an prove to bar the action or claim of the averse party
I22ov,les
years
& 6ood F,it. 1; years
8 years
; !,d F,it. !; years
Rules o/ Co2+ut,tio/ o8 Pe$iod: 1. he present possessor may complete the perio necessary for prescription by tacing his possession to that of his grantor or preecessor 2.
"t is presume that the present possessor who was also the possessor at a previous time, has continue to be in possession uring the intervening time, unless there is proof to the contrary
A3tio/s
P$es3$i+tive +e$iod
a) "mprescriptible
to eclare an ine0istent or voi contract to 9uiet title to eman a right of way to bring an action for abatement of public nuisance to eman
!. he first ay shall be e0clue an the last ay inclue Pe$so/s A-,i/st W.o2 P$es3$i+tio/ $u/s: 1. &inors an other incapacitate persons who have parents, guarians or other legal representatives 2. Absentees who have aministrators !. #ersons living abroa who have managers or aministrators . Ouriical persons, e0cept the state an its subivision Pe$so/s ,-,i/st <.o2 +$es3$i+tio/ does NOT $u/: 1. %etween husban an wife, even though there be separation of property agree upon in the marriage settlements or by juicial ecree. 2. %etween parents an chilren, uring the minority or insanity of the latter !. %etween guarian an war uring the continuance of the guarianship
P$es3$i+tive +e$iod
g) I/A$S
A3tio/s
action
to revoe onations ue to non4compliance of conitions action to rescin partition of eceaseGs estate on account of lesion action to claim rescission of
a) "mprescriptible
b) !; I/A$S
to eclare an ine0istent or voi contract to 9uiet title to eman a right of way to bring an action for abatement of public nuisance to eman partition in co4 ownership to enforce a trust probate of a will to recover possession of a registere lan uner the *an $egistration Act by the registere owner
real
actions over immovables (but not foreclosure) without prejuice to the ac9uisition of ownership or real rights by
g) I/A$S
h) ! I/A$S
action to revoe onations ue to non4compliance of conitions action to rescin partition of eceaseGs estate on account of lesion action to claim rescission of contracts annulment of contracts for vice of consent actions upon a 9uasi4elict action to revoe or reuce onations base on birth, appearance or aoption of a chil actions upon an
actions
uner the eight hour labor law actions to recover losses in gambling money claims as a conse9uence of
b) !; I/A$S
real
actions over immovables (but not foreclosure) without prejuice to the ac9uisition of ownership or real rights by ac9uisitive prescription
h) ! I/A$S
uner the eight hour labor law actions to recover losses in gambling money claims as a conse9uence of employer4 employee relationship action to impugn legitimacy of a chil if the
c) 1; I/A$S
actions
upon a written contract actions upon an obligation create by law actions upon a jugment from the time jugment becomes final actions among co4heirs to enforce warranty against eviction in artition
i) 2 I/A$S
action to impugn legitimacy of a chil if the husban or his heirs are not resiing in the city or municipality of birth
) 8 I/A$S
a+tion to re+over /ova$les 0it!o*t :reA*di+e to a+@*isition o1 title 1or a s!orter :eriod or to t!e :ossessors title *nder -rts. '', #'' and ##33
j) 1 I/A$
actions
action to impugn legitimacy of a chil if the husban or his heirs are resiing in the city or municipality of birth forcible entry an unlawful etainer 'efamation $evocation of onation on the groun of ingratitue $escission or for amages if immovable is sol with an apparent