Professional Documents
Culture Documents
Law
PROPERTY - All things which are, or may be, the object of appropriation (Art. 414, NCC) Thing and Property Distinguished THING PROPERTY includes both things which are appropriable and non- susceptible of appropriable objects appropriation and which are already possessed and found in the possession of man Note: Strictly speaking, thing is NOT synonymous with property. HOWEVER, the New Civil Code uses these terms interchangeably. Requisites/Characteristics: (USA) 1. utility ability to serve as a means to satisfy human needs 2. substantivity or individuality separate and autonomous existence 3. appropriability even if not yet actually appropriated (Reyes-Puno, p.1) CLASSIFICATION OF PROPERTY Kinds of Properties: 1. Immovable or real (Art. 415) 2. Movable or personal (Arts. 416, 417)
body of a person or parts thereof may be the subject matter of a transaction (See RA No. 349, RA No. 7170, RA No. 7719). Parties to a contract may treat as personal property that which by nature is real property; and it is a familiar phenomenon to see things classed as real property for purposes of taxation which on general principle might be considered personal property (Standard Oil Co. vs. Jaranillo GR No. 20329, March 16, 1923).
IMMOVABLE PROPERTIES Categories: (NIDA) 1. Real by nature it cannot be carried from place to place (pars. 1 & 8, Art. 415) 2. Real by incorporation attached to an immovable in a fixed manner to be an integral part thereof (pars. 13 Art. 415) 3. Real by destination placed in an immovable for the utility it gives to the activity carried thereon (pars. 47 and 9 Art. 415) 4. Real by analogy it is so classified by express provision of law (par. 10, Art. 415) Types of Immovable Properties (Art. 415) 1. Land, buildings, roads and constructions of all kinds adhered to the soil Where a building is sold to be demolished immediately, it is to be regarded as movable because the subject matter of the contract is really the materials thereof. Buildings are immovables by incorporation. Hence, their adherence to the land must be permanent and
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
EXECUTIVE COMMITTEE: HERBERT CALVIN ABUGAN overall chair and chair academics operations, MANOLO ADEL SANTOS chair hotel operations, GRACE SARAH TRIA vice chair for operations, JUAN CARLOS NUESTRO vice chair for academics, MAE ANGELIE ETANG vice chair for secretariat, KRISTINE ANNABELLEE HIPOS vice chair for finance, EIREENE XINA ACOSTA vice chair for edp, ACE JELLO CONCEPCION vice chair for logistics CIVIL LAW: FRANCESCA LOURDES SENGA subject chair, SHEENA MARIE ABELLA assistant subject chair, ACE ARVIN GANDO edp, FRANCESCA LOURDES SENGA persons and family relations, CRISCELYN CARAYUGAN property, MA. PELISA CORAZON PARIDO and MARY IVY ANNE GALANG wills and succession, MARIA DANIAFLOR BERAMO and COLLEEN INFANTE obligations and contracts, MARY IVY ANNE GALANG sales and lease, EVA CHRISTINE NAPARAN partnership, agency and trust, KATHERINE ANN ASILO credit transactions, SHEENA MARIE ABELLA torts and damages, JAN PEARL PORTUGAL land titles and deeds, JAN MANUELLE REYES conflict of laws MEMBERS: Aldren Abrigo, Lloyd Elgene Apostol, Joanna Arellano, Jonathan Bajeta, Paul Isaac Barrameda, Barbara Jeniffer Bautista, Arlene Borja, Leana Blasco Keith Francis Briones, Angelita Calalang, Uelah Cangco, Kristine Paula Chu, Benedicto Claravall, Diane Therese Dauz, Herbert Davis, Riyah Lalaine Domingo, Ana Ofloda delos Reyes, Ramona Diozo, Clarissa Enano-Caenano, Carla Esplana, Diana Fajardo, Leoponville Ndota Wambui Gitau, Kristine Carmela Gonzales, Daisy Joy Jalova, Roehl Joson, Jackie Lamug, Flocerfina Lloren, Jerome Matas, Herbert Matienzo, Charlene Clara, Mendoza, Kristel Concepcion Ona, Joanna Marie Paguio, Patricia Salang, Christine Santos, Rio Rose Santos, Charlotte Sayson, Mary Meilani Suyat, Jezreel Caridad Taguba, Florence Tolentino, Philip Torres, Gilda Villanueva, Joan Grace Wilson, Joshua Villena, Raul Canon, Deogracias Natividad
Law
substantial. Portable structures are not immovables. 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 CA-GR No. 8027-R, September 23, 1952). A building is real property thus, its sale as annotated in the Chattel Mortgage Registry cannot be given the legal effect of registration in the Registry of Real Property (Leung Yee vs. Strong Machinery Co. GR No. L-11658 February 15, 1918).
2. Trees, plants, and growing fruits When trees are cut or uprooted, incorporation ceases and they become movables; timber is still integral part of an immovable property when it constitutes the natural product of the latter. For purposes of attachment, execution, and the Chattel Mortgage Law, growing crops have the nature of personal property (Sibal vs. Valdez GR No. L-27352, August 4, 1927). 3. Everything attached to an immovable in a fixed manner The attachment need not be made by the owner. The breakage or injury, in case of separation, must be substantial. The fact that the machineries were bolted or cemented on real property mortgaged does not make them ipso facto immovable under Art. 415 (3) and (5) as the parties intent has to be looked into. Even if the properties appear to be immovable by nature, nothing prohibits the parties from treating them as chattels to secure an obligation under the principle of estoppel (Tsai vs. CA, GR No. 120098, October 2, 2001). 4. Statues, reliefs, paintings, or other objects for use or ornamentation Requisites: a. Placed by the owner or by a tenant as agent of the owner b. With the intention of attaching them permanently, even if adherence will not involve breakage or injury 5. Machinery, receptacles, instruments, or implements for an industry or works Requisites:
Movable equipments, to be immobilized in contemplation of law, must be essential and principal elements of an industry or works (Mindanao Bus Co. vs. City Assessor and Treasurer GR No. L-17870, September 29, 1962). Machinery, movable in nature, becomes immobilized when placed on a plant by the owner of the property but not so when placed by a tenant, usufructuary or a person having only a temporary right unless such person acted as agent of the owner (Davao Sawmill Co. vs. Castillo GR No. 40411, August 7, 1935).
There are 2 views on the effect of the temporary separation of movables from the immovables to which they are attached: a. They continue to be regarded as immovables. b. Fact of separation determines the condition of the object (supported by Paras and Tolentino)
If the machine is still in the building, but is no longer used in the industry, the machine reverts to the condition of a chattel. On the other hand, if still needed for the industry, but separated from the tenement temporarily, the property continues to be an immovable (Paras, p.20).
6. Animal houses, pigeon houses, beehives, fish ponds, etc. Requisites: a. Placed by the owner, or by a tenant as agent of the owner, with the intention of permanent attachment b. Forms a permanent part of the immovable 7. Fertilizer Actually used means that it has been spread over the land. 8. Mines, quarries and slag dumps They are considered as realty only if the matter remains unsevered from the soil. Once severed, they become personalty. 9. Docks and Structures
43
Vessels are considered personal property under the Civil Law as well as under the common law, although occasionally referred to as a peculiar kind of personal property. (Phil. Refining Co., Inc. vs. Jarque
GR No. 41506, March 25, 1935).
10. Contracts for Public works, and servitudes and other real rights A personal right is always regarded as personal property. The exception is in the case of contracts for public works which are considered as real property. MOVABLE PROPERTIES Tests: 1. By exclusion: all not included in Art. 415 2. By description: an object is movable if: a. It can be transported from place to place; b. Without substantial injury to the immovable to which it is attached. 3. Real Property considered as personal property by special provision of law. Kinds of Movable Properties (ASFTOS): 1. Those movables susceptible of appropriation which are not included in the preceding article 2. Real property which by any special provision of law is considered personalty 3. Forces of nature which are brought under control by science 4. In general, all things which can be transported from place to place without impairment of the real property to which they are fixed (Art. 416) 5. Obligations and actions which have for their object movables or demandable sums 6. Shares of agricultural, commercial and industrial entities, although they may have real estate (Art. 417) Classifications of Movables: 1. By Nature: a. Consumable - cannot be used according to its nature without it being consumed. b. Non-consumable - any other kind of movable property (Art. 418). 2. By Intention: a. Fungible - replaceable by an equal quality and quantity, either by nature of things or agreement. b. Non-fungibles irreplaceable because identical objects must be returned.
Concept: It does not import the idea of ownership. It is not owned by the state but simply under its jurisdiction and administration for the collective enjoyment of people. 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. For public use may be used by anybody 2. For public service may be used only by authorized persons 3. For the development of national wealth
The charging of fees to the public does not determine the character of the property, whether it is of public dominion or not. Art. 420 defines property of public dominion as one intended for public use. Even if the government collects toll fees, the road is still intended for public use if anyone can use it under the same terms and conditions as the rest of the public (MIIA vs. CA, GR No. 155650, July 20, 2006). Characteristics: (OI-PAE) 1. Outside the commerce of man 2. Inalienable, but when it is no longer needed for public use or service, it may be declared patrimonial property. 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, GR No. 46373, Jan. 29, 1940). As property of public dominion, the Roppongi lot is outside the commerce of man. The fact that it has not been used for a long time does not automatically convert it to patrimonial property. The conversion happens only if the abandonment is definite and upon a formal
Law
declaration on the part of the government to withdraw it from public use (Laurel vs. Garcia GR No. 92013, July 25, 1990). The Executive and possibly the Legislative Departments have the authority and the power to make the declaration (Natividad vs. Director of Lands 37 O.G. 2906).
II. Property of Private Ownership Kinds: 1. Property owned by the state and its political subdivisions in their private capacity and is known as patrimonial property (Art. 421-424) 2. Property belonging to private persons (Art. 425) Patrimonial Property of the State 1. Property of the State owned in a private or proprietary capacity 2. Property of public dominion, when no longer intended for public use or public service, shall form part of the patrimonial property 3. The state has the same rights over this kind of property as a private individual in relation to his own private property Property of Political Subdivisions 1. Property for public use consist of roads, streets, squares, fountains, public waters, promenades and public works for public service paid for by the LGUs. Note: The enumeration in Art. 424 are not exclusive. 2. Patrimonial Property all other properties possessed by LGUs without prejudice to provisions of special laws Note: Arts. 423 and 424 speak of property for public use, indicating that property for public service is patrimonial. However, the Supreme Court, in Province of Zamboanga Del Norte vs. City of Zamboanga (GR No. L-23922, June 30, 1969), 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, under the Law of Municipal Corporations, should prevail over the Civil Code in this particular case. The Law of Municipal Corporations was considered as a special law in the context of Art. 424 of the NCC. Properties of public dominion devoted to public use are outside the commerce of men and cannot be disposed of or leased by the LGU to private persons. LGUs have no authority to
45
MEMORY AID IN CIVIL LAW| 46 i. Forcible entry (detencion): An action for recovery
of material possession of real property when a person originally in possession was deprived thereof by force, intimidation, strategy, threat or stealth. ii. Unlawful Detainer (desahuico): An action for recovery of possession of any land or building by a landlord, vendor, vendee, or other person against whom the possession of the same was unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract.
Forcible Entry and Unlawful Detainer Distinguished UNLAWFUL FORCIBLE ENTRY DETAINER As to when possession became unlawful Possession of the defendant is unlawful from the beginning as he acquires possession by force, intimidation, strategy, threat or stealth Possession is inceptively lawful but becomes illegal from the time defendant unlawfully withholds possession after the expiration or termination of his right thereto.
As to the necessity of demand No previous demand for Demand is the defendant to vacate jurisdictional if the is necessary ground is non payment of rentals or failure to comply with the lease contract As to necessity of proof of prior physical possession Plaintiff must prove that Plaintiff need not have he was in prior physical been in prior physical possession of the possession premises until he was deprived thereof by the defendant As to when the 1 year period is counted from 1 year period is generally counted from the date of actual entry on the land 1 year period is counted from the date of last demand or last letter of demand
Law
b. Accion publiciana: An ordinary civil proceeding to recover the better right of possession of property and is resorted to when the dispossession has lasted for more than 1 year. The issue involved is not possession de facto but possession de jure of realty independent of the title. Must be brought in the proper regional trial court within a period of 10 years from the time the cause of action arises. c. Accion reivindicatoria: An action to recover real property based on ownership. The object is the recovery of dominion over the property as owner. Must be brought in the proper regional trial court within a period of 10 years from the time the cause of action arises. Requisites: i. The thing must be corporeal, concrete, and determinate ii. Proof of identity iii. Proof of title (Reyes-Puno, p.24) SURFACE RIGHTS (Art. 437) The owner of parcel of land is the owner of its surface and everything under it. Limitations: Horizontally: extends up to the boundaries Vertically: extends below the surface and above it to the extent required by the economic interest of or utility to the owner, in relation to the exploitation that may be made of the property Airspace: the owner cannot complain of the reasonable requirements of aerial navigation HIDDEN TREASURE (Arts. 438 & 439) Any hidden or unknown deposit of money, jewelry or other precious objects, the lawful ownership of which does not appear General rule: It belongs to the owner of the land, building or other property on which it is found. Exceptions: The finder is entitled to provided: 1. Discovery was made on the property of another, or of the state or any of its political subdivisions; 2. The finding was made by chance; 3. The finder is not a coowner of the property where it is found; 4. The finder is not a trespasser; 5. The finder is not an agent of the landowner;
It is necessary that no known owner appears. Hence, that money found in a library, when the books were delivered to the legatees in a testamentary proceeding, could not be considered a treasure because it was shown that the library had been used by the testator and that money consisted, in greater part, of this kind in circulation during the life of the testator (1 Capistrano 394).
ACCESSION (Arts. 440 475) The right by virtue of which the owner of a thing becomes the owner of everything that is produced thereby or which is incorporated or attached thereto, either naturally or artificially. ACCESSORIES - things joined to or included with the principal thing for the latters embellishment, better use, or completion
Classifications: 1. Accession Discreta the right pertaining to the owner of a thing over everything produced thereby Fruits - all periodical additions to a principal thing produced by forces inherent to the thing itself Requisites: a. increase or addition to the original thing b. at repeated intervals c. by inherent forces Kinds of Fruits a. natural fruits spontaneous products of the soil, the young and other products of animals b. industrial fruits those produced by lands of any kind through cultivation or labor c. civil fruits rents of buildings, price of leases or lands and the amount of perpetual or life annuities or other similar income
Bonus to planters for the risk undergone in mortgaging property is NOT a civil fruit of the mortgaged property
47
i.
ii.
Good Faith Right of retention for necessary and useful expenses Keep building, planting or sowing w/o indemnity to owner of materials and collect damages (546, 449)
i. ii. iii.
Bad Faith Recover necessary expenses for preservation Lose improvements w/o right to indemnity from LO (452) unless the LO sells land
Bad Faith Recover value from B, P, S (as if both acted in good faith) If B, P, S acquires improvements, remove materials if w/o injury (447) No action versus LO
Bad Faith {Same as though all acted in good faith (453)} Bad Faith Good Faith Good Faith Acquire Remove Remove improvements improvements in materials if w/o after paying any event injury indemnity and Be indemnified Collect value of damages to B, for damages materials, P, S primarily from B, Subsidiarily P, S; subsidiarily liable to owner from LO (447,
Law
of materials (454, 447, 455) Bad Faith Acquire improvements after indemnity to B, P, S; subsidiarily liable to owner of materials a. Sell to B, P except: if the value is considerably more b. Rent to S (453, 448, 546, 548, 455) Good Faith Option to: Acquire w/o paying indemnity and collect damages Sell to B, P and rent to S and collect damages Demolish or restore and collect damages Pay necessary expenses to B, P, S Subsidiarily liable to owner of materials (449, 450, 451) Bad Faith Acquire improvements & pay indemnity & damages to B, P, S (454,447) Bad Faith Right of retention for necessary expenses Pay value of materials to owner of materials and pay him damages (546, 447) 455) Good Faith Collect value of materials primarily form B, P, S; subsidiarily from LO 2. Collect damages 3. If B, P, S acquires improvements remove materials in any event (447, 455) Good Faith Collect value of materials and damages from B, P, S and subsidiarily from LO Remove materials in any event if B, P, S acquires improvements
Bad Faith Recover necessary expenses (452, 443) Lose improvements w/o right of retention from LO (452) unless LO sells the land
Good Faith Indemnity for damages Remove improvements in any event (454,447)
Article 448: Application: Applies only when the builder, planter or sower believes he has the right to build, plant or sow because he thinks he owns the land or believes himself to have a claim of title (Morales vs. CA, GR No. 126196, January 28, 1998). When the co-ownership is terminated by a partition and it appears that the house of an erstwhile co-owner has encroached upon a portion pertaining to another co-owner which was however made in good faith, then the provisions of Art. 448 should apply to determine the respective rights of the parties
Options of the landowner: The owner of the land shall have the right to appropriate as his own the building, planting or sowing, after payment of the necessary and useful expenses. The owner of the land may also oblige the builder, planter or sower to pay the price of the land. If the owner chooses to sell his land, the builder, etc. must purchase the land; otherwise, the owner may remove the improvements thereon. The builder, etc. is not obliged to purchase the land if its value is considerably more than the building. In such case, the builder, etc. must pay rent. If the parties cannot come to terms over the conditions of the lease, the court must fix the terms thereof. (Ballatan vs. CA, GR No. 125683, March 2, 1999). 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. He is entitled to such removal ONLY when, after having chosen to sell the land, the other party fails to pay for said land (Ignacio vs. Hilario GR No. L-175, April 30, 1946). Should no other arrangement be agreed upon, the owner of the land does not automatically become the owner of the improvement (Filipinas Colleges, Inc. vs. Timbang GR No. L-12812, September 29, 1959). Right to choose: It is the owner of the land who must exercise the option because his right is older and because, by the principle of accession, he is
49
Accession natural 1. Alluvion or Alluvium (Art. 457-458) Increment which lands abutting rivers gradually receive as a result of the current of the waters Accretion - the process by which a riparian land gradually and imperceptibly receives addition made by the water to which the land is contiguous Requisites of alluvion or accretion: a. the deposit or accumulation of soil or sediment must be gradual and imperceptible (increase must be comparatively little) b. the accretion must result from the effects or action of the current of the water c. that the land where accretion takes place is adjacent to the bank of the river
Accretions belong to the riparian owners upon whose lands the alluvial deposits were made (Agustin vs. Intermediate Appellate Court GR Nos. 66075-76, July 5, 1990). Reasons for the rule: a. To compensate the owner for losses which they may suffer by erosion. b. To compensate them for the burdens of legal easements, which are imposed upon them c. Because it is the owner of the contiguous land who can utilize the increment to the best advantage d. Because this is the only feasible solution, since the previous owners can no longer be identified.
Requisites: a. the segregation and transfer must be caused by the current of a river, creek or torrent b. the segregation and transfer must be sudden or abrupt c. the portion of land transported must be known or identified Note: The owner must remove (not merely claim) the transported portion within two years to retain ownership. Art. 460 applies only to uprooted trees. If a known portion of land with trees standing thereon is carried away by the current to another land, Art. 459 govern and the 2 year period applies. In case of uprooted trees, the owner retains ownership if he makes a claim within 6 months. This does not include trees which remain planted on a known portion of land carried by the force of the waters. In the latter case, the trees
An alluvion is automatically owned by the riparian owner from the moment the soil deposit can be seen but the additional area does not automatically become
Law
are regarded as accessions of the land through gradual changes in the course of adjoining stream (Payatas-Estate Improvement Co. vs. Tuason GR No. L30067, March 23, 1929). Alluvium and Avulsion Distinguished ALLUVIUM AVULSION gradual imperceptible and sudden process identifiable verifiable or abrupt and
belongs to the owner of belongs to the owner the property to which it is from whose property it attached was detached 3. Change of Course of Rivers (Art. 461462) Requisites: (NAPA) a. There must be a natural change in the course of the waters of the river; otherwise, the bed may be the subject of a State grant (ReyesPuno, p.54). b. The change must be abrupt or sudden c. The change must be permanent; the rule does not apply to temporary overflowing d. There must be abandonment by the owner of the bed i.e. a decision not to bring back the river to the old bed. (ReyesPuno, p.53).
Once the river bed has been abandoned, the owners of the invaded land become owners of the abandoned bed to the extent as provided by Art. 462. No positive act is needed on their part, as it is subject thereto ipso jure from the moment the mode of acquisition becomes evident. 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. 4. Formation of Islands (Arts. 463465) Rules on Ownership: a. If formed by the sea: i. within territorial waters State ii. outside territorial waters to the first occupant b. If formed in lakes, or navigable or floatable rivers State c. If formed on nonnavigable or nonfloatable rivers:
ii. c. d. e.
Tests to determine principal in adjunction: a. the rule of importance and purpose (Art. 467) b. that of greater value if they are of unequal values c. that of greater volume if they are of equal values d. that of greater merits take into consideration all pertinent provisions applicable as well as the comparative merits, utility and volume Rules on Who is Entitled:
51
Rules: a. By the will of both owners or by accident: each owner acquires an interest in proportion to the value of his material b. By one owner in good faith: apply rule (a) c. By one owner in bad faith: i. he loses all his rights to his own material ii. he is liable for damages
joined Things their mixed or confused may either retain or lose their respective natures
The new object retains or preserves the nature of the original object.
QUIETING OF TITLE (Arts. 476481) Cloud on title A semblance of title, either legal or equitable, or a claim or a right in real property, appearing in some legal form but which is, in fact, invalid or which would be inequitable to enforce Action to quiet title An action to remove cloud or to quiet title is a remedy or proceeding in equity, the purpose of which is the declaration of the invalidity of a claim on a title or the invalidity of an interest in property adverse to that of the plaintiff, and thereafter to free the plaintiff and those claiming under him form any hostile claim thereon.
a.
Owner of the principal (worker) in good faith: i. maker acquires the new thing ii. he must indemnify the owner of the material Exception: if the material is more valuable than the resulting thing, the owner of the material has the option:
Law
General rule: Only real property could be the subject matter of quieting of title. Exception: Certain personal properties vessels may be the object of quieting of title. like
Nature: Actions for quieting of title are neither suits in rem nor suits in personam. They are suits against a particular person in respect to the res and the judgment will apply only to the property in dispute. They are suits quasi in rem (Realty Sales Enterprises, Inc. vs. Intermediate Appellate Court GR No. L-67451, September 28, 1987). Requisites: (LCD-R) 1. plaintiff must have a legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. there must be a cloud in such title; 3. such cloud must be due to some instrument, record, claim, encumbrance or proceeding which is APPARENTLY VALID but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and 4. plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to his benefit. Classes: 1. Remedial (Action to quiet title) - the action may be brought to remove a cloud or quiet title to real property or an interest therein (Art. 476 par. 1) 2. Preventive (Action quia timet) - to prevent a future cloud (doubt) from being cast upon the title to real property or an interest therein (Art. 476 par. 2). Prescriptive Period: 1. plaintiff in possession imprescriptible 2. plaintiff not in possession 10 (ordinary) or 30 years (extraordinary) The action to quiet title does NOT apply: 1. to questions involving interpretation of documents 2. to mere written or oral assertions of claims, EXCEPT: a. if made in a legal proceeding b. if it is being asserted that the instrument or entry in plaintiffs favor is not what it purports to be 3. to boundary disputes 4. to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff
53
RULES: I. Rights of each coowner as to the thing owned in common: (USBRAPLDP) 1. To use the thing owned in common Limitations: a. use according to the purpose for which it was intended b. interest of the coownership must not be prejudiced c. other coowners must not be prevented from using it according to their own rights 2. To share in the benefits and charges in proportion to the interest of each. Any stipulation to the contrary is void. 3. To the benefits of prescription: prescription by one coowner benefits all. 4. Repairs and taxes: to compel the others to share in the expenses of preservation even if incurred without prior notice. The coowner being compelled may exempt himself from the payment of taxes and expenses by renouncing his share equivalent to such taxes and expenses. The value of the property at the time of the renunciation will be the basis of the portion to be renounced. 5. Alterations: to oppose alterations made without the consent of all, even if beneficial. Alteration is an act by virtue of which a coowner 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. 6. To protest against seriously prejudicial decisions of the majority 7. Legal redemption: to be exercised within 30 days from written notice of sale of an undivided share of another coowner to a stranger 8. To defend the coownerships interest in court 9. 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. The purpose of partition is to separate, divide and assign a thing held in
Even if a co-owner sells the whole property as his, the sale will affect only his own share but not those of the other co-owners who did not consent to the sale. This is because the sale or other disposition affects only his share and the transferee gets only what would correspond to his grantor in the partition of the thing owned in common. Since a co-owner is entitled to sell his undivided share, a sale of the entire property by one co-owner without the consent of the other coowners is not null and void. Only the rights of the co-owner-seller are transferred, thereby making the buyer a co-owner of the property (BailonCasilao vs. CA, GR No. L-78178, April 15, 1988).
Law
common among those to whom it belongs. (Avila vs. Sps. Barabat GR No. 141993, March 17, 2006). General rule: Partition is demandable by any of the coowners as a matter of right at any time. Exceptions: (SCLUPA) a. When there is a stipulation against it; but not to exceed 10 years. b. When the condition of indivision is imposed by the donor or testator; but not to exceed 20 years. c. When the legal nature of the community prevents partition. d. When partition would render the thing unserviceable. e. When partition is prohibited by law f. When another coowner has possessed the property as exclusive owner for a period sufficient to acquire it by prescription. II. The following questions are governed by the majority of interests: 1. Management Acts of Management (Castan) a. Those that do not involve an alteration b. Are renewable from time to time c. Do not bind the community for a long time in the future d. Do not give rise to a real right over the thing owned in common (Reyes-Puno. p.73). e. Expenses to improve or embellish are decided by the majority Minority may appeal to the court against the majoritys decision if the same is seriously prejudicial. 2. Enjoyment 3. Improvement or embellishment III. Rights as to the ideal share of each co owner: 1. Each has full ownership of his part and of his share of the fruits and benefits 2. Right to substitute another person in its enjoyment, EXCEPT when personal rights are involved 3. Right to alienate, dispose or encumber 4. Right to renounce part of his interest to reimburse necessary expenses incurred by another coowner 5. Transactions entered into by each co owner only affect his ideal share.
A co-owner cannot acquire by prescription the share of the co-owners, absent any clear repudiation of the co-ownership. In order that the title may prescribe in favor of a co-owner, the following requisites must concur: (1) the co-owner has performed unequivocal acts of repudiation amounting to an ouster of the other co-owners; (2) such positive acts of repudiation have been made known to the other co-owners; and (3) the evidence thereof is clear and convincing (Robles vs. CA, GR No. 123509, March 14, 2000). The act of executing the affidavit of self adjudication did not constitute sufficient act of repudiation. In fact, there was bad faith of the coheir in feigning sole ownership of the property to the exclusion of the other coheirs. (Galvez vs. CA, GR No. 157954, March 24, 2006). The Torrens title does not furnish a shield for fraud. Thus, where one registered the property in question in his name in fraud of his co heirs, prescription can only be deemed to have commenced from the time the latter discovers the fraudulent act (Adille vs. CA, GR No. L46484 January 29, 1988). Under the law, anyone of the coowners may bring an action in ejectment (Art. 487). This can be done without joining all other co owners because the suit is presumed to have been filed for the benefit of his coowners. But if the suit is for the benefit of the plaintiff alone who claims to be the sole owner and entitled to the possession of the litigated property the action should be dismissed and it will not prosper especially so that there is evidence of coownership of the property, and there is no showing that they waived their rights (Baloloy
55
its
Classification 1. Waters public per se (water is the principal); the bed follows the character of the water 2. Waters public or private according to their bed (water is accessory to bed) 3. Waters public by special provision MINERALS (Art. 519) Laws Governing Minerals: 1. Before 1902: R.D. sobre Mineria 1867 2. Between 1902-1906: The Philippine Bill of 1902 and Legislative Acts 3. After the Advent of the Commonwealth: Art. XIII of the Philippine Constitution and CA No. 137 4. Present: Mineral Resources Development Decree of 1974 (P.D. 463) and the Civil Code of the Philippines Minerals all inorganic substances found in nature, whether in solid, liquid, gaseous, or any intermediate state, with the exception of soil which supports the organic life, and of ordinary earth, gravel, sand, and stone which are used for building or construction purposes TRADEMARK AND TRADE NAMES (Arts. 520523) Laws Governing Trademarks and Trade names: 1. Intellectual Property Code (RA 8293) 2. Civil Code of the Philippines
Law
POSSESSION CONCEPT: 1. As an act the holding of a thing or the enjoyment of a right with the intention to possess in ones own right 2. As a fact when there is holding or enjoyment 3. As a right the right of a person to holding or enjoyment to the exclusion of all others having better right than the possessor a. jus possidendi - right to possession which is incidental to or included in the right of ownership b. jus possessionis right of possession independent from the right of ownership REQUISITES: 1. occupancy, apprehension, or taking of a thing or right (possession in fact); 2. deliberate intention to possess (animus possidendi) An insane or demented person CANNOT acquire possession as they are incapable of understanding the import of their actions. 3. by virtue of ones own right in his own name or in that of another. DEGREES: 1. possession without any title whatsoever mere holding without any right at all (ex. thief or squatter) 2. possession with juridical title - predicated on juridical relation existing between the possessor and the owner (ex. lessee, usufructuary, depositary, agent, pledgee and trustee) 3. possession with just title the possession of an adverse claimant whose title is sufficient to transfer ownership but is defective (ex. when the seller is not the true owner or could not transmit his rights thereto to a possessor who acted in GF) 4. possession with a title in fee simple derived from the right of dominion or possession of an owner; the highest degree of possession
CLASSES: 1. In ones own name where possessor claims the thing for himself 2. In the name of another for whom the thing is held by the possessor
57
Law
plus value may remove if no reimbursement, and no damage is caused to the principal by the removal Ornamental expenses reimbursement at owners option: owners option: removal, or removal if no injury, or value at time of cost without removal recovery Taxes and charges (i. on capital, ii. on fruits and iii. charges) taxes and charges taxes and charges i. charged to owner i. charged to owner ii. charged to ii. charged to owner possessor iii. to owner iii. prorated Improvements no longer existing no reimbursement no reimburse-ment Liability for accidental loss or deterioration only if acting with liable in every case fraudulent intent or negligence, after summons Improvements due to time or nature to owner or lawful to owner or lawful possessor possessor Necessary expenses made for the preservation of the thing Useful expenses add value to property or increase the objects productivity Ornamental/luxury expenses add value to the thing only for certain persons in view of their particular whims; neither essential for preservation nor useful to everybody in general LOSS OF POSSESSION (Art. 555) General Causes: 1. 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 one who has a better right d. Possession of another for more than one year This refers to possession de facto where the possessor loses the right to a summary action; but he may still bring action publiciana or reivindicatoria. e. By reason of the object i. destruction or total loss of the things ii. withdrawal from commerce Acts NOT Constituting Loss of Possession (Arts. 537538) 1. Acts executed by stealth and without knowledge of the possessor 2. Acts merely tolerated either by the possessor or by his representative or holder in his name unless authorized or ratified 3. Violence 4. Temporary ignorance of the whereabouts of movable property
The possessor who recovers possession is considered as having had uninterrupted possession despite these acts of violence, stealth and tolerance; but he must recover possession by due process, and not otherwise (Arts. 561, 536, 539) POSSESSION OF MOVABLES (Art. 559): Theory of Irrevindicability - Possession in good faith of a movable is presumed ownership. It is equivalent to title. No further proof is necessary (Aznar vs. Yapdiangco, G.R. No. L-18536, March 31, 1965). The rule isnecessary for purposes of facilitating transactions on movable property which are usually done without special formalities (Sotto vs. Enage, 43 O.G. 5075 [1947]). Requisites: 1. possession is in good faith 2. the owner has voluntarily parted with the possession of the thing 3. possessor is in the concept of owner Exceptions to the Theory of Irrevindicability: 1. where the owner or possessor lost a movable 2. where the owner or possessor has been unlawfully deprived of a movable General rule: One who has lost or has been unlawfully deprived of a movable may recover it from whoever possesses it without reimbursement. The owner of the thing must prove: (1) ownership of the thing, and (2) loss or unlawful deprivation; or bad faith of the possessor. Exceptions: 1. Where the owner acts negligently or voluntarily parts with the thing owned, he cannot recover it from the possessor. 2. If the possessor of the movable acquired it in good faith at a public sale, the owner cannot
59
GENERAL RULE: Usufructuary is bound to preserve the form and substance of the thing in usufruct. EXCEPTION: Abnormal usufruct whereby the law or the will of the parties may allow the modification of the substance of the thing. USUFRUCT AND LEASE DISTINGUISHED USUFRUCT LEASE Always a real right Generally a personal right
Person creating the Lessor may not be the usufruct should be the owner owner or his duly authorized agent May be created by law, Generally created by by contract, by will of the contract testator, or by prescription As a rule, usufruct Lease generally refers covers all the fruits and to uses only all the uses and benefits of the entire property. Involves a more or less passive owner who allows the usufructuary to enjoy the object given in usufruct Lease involves a more active owner or lessor who makes the lessee to enjoy
Pays for ordinary repairs Lessee is not generally and taxes on the fruits under obligation to undertake repairs or pay taxes SPECIAL USUFRUCTS: 1. of pension or income (Art. 570) 2. of property owned in common (Art. 582)
Under the Massachusetts Rule, a stock dividend is considered part of the capital and belongs to the remainderman; while under the Pennsylvania Rule, all earnings of a corporation, when declared as dividends in whatever form, made during the lifetime of the usufructuary, belong to the latter. The Pennsylvania Rule is more in accord with our laws than the Massachusetts Rule (Bachrach vs. Seifert and Elianoff, GR No. L-2659, October 12, 1950). Corollary to the right to all the rents, to choose the tenant, and to fix the amount of the rents, a usufructuary of the rents has the right to choose himself as the tenant, provided that the obligations he has assumed towards the owner of the property are fulfilled (Fabie vs. Gutierrez David, GR No. L-123, December 12, 1945).
Law
3. 4. 5. 6. 7. 8.
of cattle (livestock) (Art. 591) on vineyards and woodlands (Art. 575576) on a right of action (Art. 578) on mortgaged property (Art. 600) over the entire patrimony (Art. 598) over things which gradually deteriorate (Art. 573) 9. of consumable property (Art. 574) RIGHTS OF THE USUFRUCTUARY 1. As to the thing and its fruits a. To receive and benefit from the fruits b. To enjoy any increase through accessions and servitudes c. To the half of the hidden treasure he accidentally finds d. To lease the thing, generally, for the same or shorter period as the usufruct. e. To improve the thing without altering its form and substance f. Right to setoff the improvements he may have made on the property against any damage to the same g. To retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital h. To collect reimbursements from the owner for indispensable extraordinary repairs, taxes on the capital he advanced, and damages caused to him. i. To remove improvements made by him if the same will not injure the property 2. As to the usufruct itself a. To mortgage the right of usufruct except parental usufruct b. To alienate the usufruct 3. At the expiration of the usufruct: a. to collect reimbursement from the owner: i. for indispensable extraordinary repairs made by the usufructuary ii. for taxes on the capital advanced by the usufructuary iii. for damages caused by the usufructuary b. to retain the thing until reimbursement is made c. to remove improvements made by him, but without injuring the property
OBLIGATIONS OF THE USUFRUCTUARY 1. Before exercising the usufruct: a. To make an inventory of the property b. To give a bond, EXCEPT i. when no prejudice would result ii. when the usufruct is reserved by the donor or parents iii. in cases of caucion juratoria where the usufructuary, being unable to file the required bond or security, 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. 1) takes an oath to take care of the things and restore them 2) property cannot be alienated or leased because this would mean that the usufructuary does not need it Effects of failure to post bond: a. owner shall have the following options: i. receivership of realty, sale of movables, deposit of securities, or investment of money; OR ii. retention of the property as administrator b. the net product shall be delivered to the usufructuary c. 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 2. During the usufruct: a. To take care of the property b. 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
In a usufruct, only the jus utendi and jus fruendi over the property are transferred to the usufructuary. The owner of the property maintains the jus disponendi or the power to alienate, encumber, transform, and even destroy the same (Hemedes vs. CA, GR No. 107132, October 8, 1999).
61
CHARACTERISTICS: 1. It is a real right but will affect third persons only when duly registered. 2. It is enjoyed over another immovable, never on ones own property 3. It involves two neighboring estates (in case of real easements). 4. It is inseparable from the estate to which it is attached, and, therefore, cannot be alienated independently of the estate. 5. It is indivisible for it is not affected by the division of the estate between two or more persons. 6. It is a right limited by the needs of the dominant owner or estate, without possession. 7. It cannot consist in the doing of an act unless the act is accessory in relation to a real easement. 8. It is a limitation on the servient owners rights of ownership for the benefit of the dominant owner; and, therefore, it is not presumed. CLASSIFICATION: 1. As to recipient of benefit: a. Real/Predial when the easement is in favor of another immovable b. Personal when it is in favor of a community or of one or more persons i. Public if it is vested in the public at large or in some class of indeterminate individuals ii. Private if it is vested in a determinate individual or certain persons 2. As to its source: a. Voluntary when the easement is established by the will or agreement of the parties or by a testator
Law
b. Legal when it is imposed by law either
for public use or in the interest of private persons c. Mixed when it is created partly by will or agreement and partly by law 3. As to its exercise: a. Continuous Easements those the use of which is, or may be, 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 4. 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. Nonapparent Easements those which show no external indication of their existence 5. As to duty of servient owner a. Positive the servient owner must allow something to be done in his property or do it himself; also 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 AND LEASE DISTINGUISHED EASEMENT LEASE Real right, whether Real right only when it registered or not is registered, or when its subject matter is real property and the duration exceeds one year Imposed only on real May involve either real property or personal property There is a limited right Limited right to both the to the use of real possession and use of property of another but anothers property without the right of possession EASEMENT AND USUFRUCT DISTINGUISHED EASEMENT USUFRUCT Imposed only on real May involve either real property or personal property Limited to particular or Includes all the uses specific use of the and the fruits of the servient estate property A nonpossessory right Involves a right of over an immovable possession in an immovable or movable Not extinguished by the Extinguished by the death of the dominant death of the
MODES OF ACQUISITION: (PDFAT) 1. by prescription of 10 years (continuous and apparent easements) a. Positive servitude - counted from the day their exercise commences. b. Negative servitude - counted from the formal prohibition to the servient owner to do any act opposed to the servitude (Art. 621). There must be a notarized document. 2. by deed of recognition 3. by final judgment 4. by apparent sign established by the owner of two adjoining estates, unless: a. there are contrary stipulations or b. the sign is effaced 5. by title DOMINANT OWNER Rights: 1. To exercise all the rights necessary for the use of the easement 2. To make on the servient estate all the works necessary for the use and preservation of the servitude 3. To renounce the easement if he desires to exempt himself from contribution to necessary expenses 4. To ask for mandatory injunction to prevent impairment of his use of the easement Obligations: 1. Cannot render the easement or render it more burdensome 2. Notify the servient owner of works necessary for the use and preservation of the servitude 3. Choose the most convenient time and manner in making the necessary works as to cause the least inconvenience to the servient owner 4. Contribute to the necessary expenses if there are several dominant estates SERVIENT OWNER Rights: 1. To retain ownership and possession of the servient estate 2. To make use of the easement, unless there is agreement to the contrary 3. To change the place or manner of the easement, provided it be equally convenient Obligations: 1. Cannot impair the use of the easement
63
MEMORY AID IN CIVIL LAW| 64 II. Easement On Riparian Property (Art. 638) III. Easement On Dam Or Weir (Art. 639) IV. Easement For Watering Cattle (Art. 640):
This is 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
I.
Easement Relating To Waters (Art. 637): Lower estates must receive waters which are naturally and without intervention of man descend from higher estates including earth or stones carried with them (Art. 637) Limitations: 1. Dominant owner must not increase the burden but he may erect works to avoid erosion. 2. The servient owner must not impede the descent of the water (but may regulate it).
Law
rule, where the distance from the dominant estate to the public highway may be the shortest; and 6. Payment of proper indemnity.
The burden of proving the existence of the pre-requisites to validly claim a compulsory right of way lies on the owner of the dominant estate (Costabella Corp. vs. CA, GR No. 80511, Jan. 25, 1991). Where the easement may be established on any of several tenements surrounding the dominant estate, the one where the way is shortest and will cause the least damage should be used, even if it will not be the shortest. The criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance (Quimen vs. CA, GR No. 112331, May 29, 1996). It is the needs of the dominant property which ultimately determine the width of the passage, and these needs may vary from time to time (Encarnacion vs. CA, GR No. 76322 March 11, 1991). The right of way for cattle should not be more than 10 meters wide unless a greater width was a vested right under laws prior to the Civil Code of 1889 (Art. 657). Special Cause of Extinction: 1. the opening of a public road, or 2. joining the dominant tenement to another with exit on a public road The extinction is NOT automatic. There must be a demand for extinction coupled with tender of indemnity by the servient owner. Easement of right of way cannot be acquired by prescription because it is discontinuous/intermittent (Ronquillo, et al. vs. Roco GR No. L-10619, February 28, 1958).
No limitation as to use of the party wall for exclusive benefit of a party Owner may free himself from 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 adjoining walls of buildings, up to common elevation 2. in dividing walls of gardens and yards (urban) 3. in dividing fences, walls and live hedges of rural tenements 4. in ditches or drains between tenements Rebuttal of Presumption: 1. title 2. by contrary proof: 3. by signs contrary to the existence of the servitude (Arts. 660 & 661) If the signs are contradictory, they cancel each other Rights of Part Owners: 1. to make use of the wall in proportion to their respective interests, resting buildings on it or inserting beams up to onehalf of the walls thickness 2. to increase the height of the wall a. at his expense b. upon payment of proper indemnity c. to acquire half interest in any increase of thickness or height, paying a proportionate share in the cost of the work and of the land covered by the increase Obligations of Each PartOwner: 1. to contribute proportionately to the repair and maintenance unless he renounces his partownership
VIII.
Easement of Party Wall (Arts. 658666) Party Wall - 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
Party Wall and Coownership Distinguished PARTY WALL COOWNERSHIP Shares of parties Shares of the co cannot be physically owners can be divided
65
IX. Easement of Light and View (Arts. 667673) 1. Easement of Light (jus luminum) right
to admit light from the neighboring estate by virtue of the opening of a window or the making of certain openings. Requisites: a. opening must not be greater than 30 centimeters square, made on the ceiling or on the wall; and b. there must be an iron grating
Law
a. distances as prescribed by ordinances
or customs must be observed. If none: i. for large trees: at least 2m from boundary ii. for shrubs: at least 50cm from the center of the tree b. intrusions; i. of branches: the owner of the tree may be compelled to cut intruding branches at the boundary ii. of roots: the owner of the invaded tenement may cut them himself at the boundary iii. fruits falling naturally belong to the owner of the land
There exists a doubt as to whether easements against nuisance and lateral and subjacent support may be categorized as legal easements (ReyesPuno. pp.188189). The duty of an adjacent owner making excavations upon his land not to deprive any adjacent land of sufficient lateral or subjacent support is an absolute one. It does not depend upon the degree of care and precaution made by the proprietor in making the excavation or building in his land (De Jesus, et al vs. Howmart Corp. et al, GR No. 44191-R, August 28, 1974). VOLUNTARY EASEMENTS (Arts. 688-693) Constituted by the will of the parties or of a testator. The owner possessing capacity to encumber property may constitute voluntary servitude. If there are various owners, ALL must consent; but consent once given is not revocable.
Rules governing voluntary easements: 1. if created by title, such as contract or will, then by such title
A swimming pool or water tank is not an attractive nuisance (Hidalgo Enterprises vs. Balandan GR No. L-3422, June 13, 1952).
67
Different Modes and Titles of Acquiring Ownership MODES OF TITLES OF ACQUIRING ACQUIRING OWNERSHIP OWNERSHIP Original Modes Occupation Condition of being without known owner Work which includes Creation, discovery or Intellectual creation invention Derivative Modes Law Existence of required conditions Tradition Contract of the parties Donation Contract of the parties Prescription Possession in the concept of owner Succession Death TRADITION/ DELIVERY - a mode of acquiring ownership as a consequence of certain contracts, by virtue of which, the object is placed in the control and possession of the transferee, actually or constructively. Requisites: 1. Right transmitted should have previously existed in the patrimony of the grantor; 2. Transmission should be by just title; 3. Grantor and grantee should have intention and capacity to transmit and acquire; and 4. Transmission should be manifested by some act which should be physical, symbolical or legal. Kinds: 1. Real Tradition actual delivery 2. Constructive Tradition a. traditio symbolica parties make use of a token or symbol to represent the thing delivered b. 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. traditio brevi manu when the vendee already has possession of the thing sold by virtue of another title d. traditio constitutum possessorium when the vendor continues in possession of the thing sold not as owner but in some other capacity 3. Quasitradition exercise of the right of the grantee with the consent of the grantor 4. Tradicion por ministerio de la ley delivery by operation of law
Law
5. Tradition by public instrument the
execution is equivalent to the delivery of the thing, object of the contract OCCUPATION A mode of acquiring ownership by the seizure of corporeal things that have no owner, with the intention of acquiring them, and according to the rules laid down by law REQUISITES: 1. There must be seizure of a thing; 2. The thing seized must be corporeal personal property; 3. The thing must be susceptible of appropriation by nature; 4. The thing must be without an owner; 5. There must be an intention to appropriate; and 6. Requisites laid down by law must be complied with. SPECIFIC INSTANCES: 1. hunting and fishing 2. finding of movables which do not have an owner 3. finding of abandoned movables 4. finding of hidden treasure 5. catching of swarm of bees that has escaped from its owner, under certain conditions 6. catching of domesticated animals that have escaped from their owners, under certain conditions 7. catching of pigeons without fraud or artifice 8. transfer of fish to another breeding place without fraud or artifice
ESSENTIAL FEATURES/ELEMENTS OF A TRUE DONATION: 1. Alienation of property by the donor during his lifetime, which is accepted 2. Irrevocability by the donor 3. Animus Donandi 4. Consequent impoverishment of the donor CLASSIFICATION: 1. As to effectivity: a. inter vivos b. mortis causa c. propter nuptias 2. As to perfection/ extinguishment: a. pure b. with a condition c. with a term 3. As to consideration: a. simple gratuitous b. remuneratory or compensatory made on account of donees merits c. modal imposes upon the donee a burden which is less than the value of the thing donated d. onerous imposes upon the done a reciprocal obligation or, to be more precise, this is the kind of donation made for a valuable consideration, the cost of which is equal to or more than the thing donated (Republic vs. Silim, GR No. 149487, April 2, 2001)
A thing that has been lost or taken by force is not ipso facto converted to res nullius for it to belong to the person who takes possession of the same without the necessity of proving the mode of his acquisition and it may thus be recovered by the original owner (See Art. 559). Such thing cannot be acquired by prescription even if extraordinary. Land cannot be the object of occupation because when land is without an owner, it pertains to the State (Report of Code Commission). The State need not acquire abandoned lands by occupation because once the requisites of abandonment had been fulfilled; reversion operates automatically (Pineda, 497). DONATION
A stipulation in the donation that it was made for and in consideration of the love and affection which the Donee inspires in the Donor, and as an act of liberality and generosity is sufficient cause for a donation (Quilala vs. Alcantara, GR No. 132681, December 3, 2001).
69
The title given to a Deed of Donation is NOT the determinative factor which makes the donation inter vivos or mortis causa. Whether a donation is inter vivos or mortis causa depends upon the nature of the disposition made (Reyes vs. Mosqueda, GR No. 45262, July 23, 1990). Art. 729 speaks of donations in praesenti which take effect during the lifetime of the donor but the property shall be delivered only after the donors death. Such donations are inter vivos although the subject matter is not delivered at once, or the delivery is to be made post mortem, which is a simple matter of form
Law
Expression of gratitude to the donor without express acceptance was held a sufficient acceptance (Cuevas vs. Cuevas GR No. L8327, December 14, 1955). Acts of Ingratitude (Art. 765) a. If the donee should commit some offense against the person, the honor or property of the donor, or of his wife or children under his parental authority; b. He imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; and c. He unduly refuses him support when the donee is legally or morally bound to give support to the donor. GROUNDS FOR REDUCTION OF DONATION: 1. birth, appearance, or adoption of a child 2. failure of the donor to reserve sufficient means for support of himself or dependent relatives 3. failure of the donor to reserve sufficient property to pay off his existing debts 4. inofficiousness, that is, the donation exceeds that which the donor can give by will
LIMITATIONS ON DONATION OF PROPERTY: 1. Future property cannot be donated. 2. Present property that can be donated: a. if the donor has forced heirs: he cannot give or receive by donation more than what he can give or receive by will; and b. if the donor has no forced heirs: donation may include all present property provided he reserves in full ownership or in usufruct: i. the amount necessary to support him and those relatives entitled to support from him ii. property sufficient to pay the donors debt contracted prior to the donation. 3. Donation should not prejudice creditors. 4. Donee must reserve sufficient means for his support and for his relatives which are entitled to be supported by him. EFFECTS OF DONATION: 1. donee may demand the delivery of the thing donated 2. donee is subrogated to the rights of the donor in the property 3. in donations propter nuptias, the donor must release the property from encumbrances, except servitudes 4. donors warranty exists if a. expressed b. donation is propter nuptias c. donation is onerous d. donor is in bad faith 5. when the donation is made to several donees jointly, they are entitled to equal portions, without accretion, unless the contrary is stipulated PAYMENT OF THE DONORS DEBT BY THE DONEE: 1. If there is express stipulation: the donee is to pay only debts contracted before the donation, if not otherwise specified; but the donee answers only up to the value of the property donated, if no stipulation is made to the contrary 2. If there is no stipulation: the donee is answerable for the debts of the donor only in case of fraud against creditors. GROUNDS FOR REVOCATION OF DONATION: 1. birth, appearance, or adoption of a child 2. non-fulfillment of a resolutory condition 3. ingratitude of the donee
If a Deed of Donation expressly provides for automatic reversion of the property donated in case of violation of a condition therein, a judicial declaration revoking the same is not necessary. The rules on contracts and the general rules on prescription (10 years to recover in case of written contracts) should apply and not the 4 year prescriptive period under Art. 764 of the Civil Code (Roman Catholic Archbishop of Manila vs. CA, GR No. 77425, June 19, 1991). PRESCRIPTION
CONCEPT: it is a means of acquiring ownership and other real rights or losing rights or actions to enforce such rights through the lapse of time. KINDS: 1. Acquisitive prescription one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. a. Ordinary acquisitive prescription: requires possession of things in good faith and with just title for the time fixed by law b. Extraordinary acquisitive prescription: acquisition of ownership and other real rights without need of title or of good faith or any other condition Requisites: a. capacity to acquire by prescription
71
PERIOD OF PRESCRIPTION MOVABLES IMMOVABLES Good Faith 4 years Bad Faith 8 years 30 years 10 years
Rules on Computation of Period: 1. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor. 2. It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary. 3. The first day shall be excluded and the last day included.
Law
73