ACCESSION

Art 440
The ownership of property gives the right by accession to everything which
is produced thereby, or which is incorporated or attached thereto, either
naturally or artificially.
GENERAL PROVISIONS
Definition
Accession is the right of the owner of a thing to become the owner of
everything that is produced thereby, or incorporated or attached thereto
Accession v Accessory
Accession
fruits of, or additions to, or improvements upon a thing, which also
includes:
Accession in three forms of building, planting and sowing
Accession natural such as alluvion, avulsion, change of course of
rivers and formations of islands
not necessary to the principal thing
Accessories
things joined to, or included with, the principal thing for the latters
embellishment, better use or completion
necessary to the principal thing
Examples: Key of a house, bow of a violin
Nature
Accession, not a mode of acquiring ownership
Not included in the enumeration of the different modes of acquiring
ownership (Book III CC)
It presupposes a previously existing ownership by the owner over the
principal
Accession is a right implicitly included in ownership, without which it will
have no basis or existence
Accession is an exercise of the right of ownership
It is an extension of dominion over a principal thing to an accessory
Since the law itself gives the right, accession may, in a sense, be considered as
a mode of acquiring property under the law
Right to accession is automatic requiring no prior act on the part of the owner
of the principal
Kinds
1. Accession discreta
Extension of the right of ownership of a person to the products of a thing
which belongs to such person
Based on the principle of justice It is just that the owner of a thing
should also own its fruits
Includes natural, industrial and civil fruits (Art 441)
2. Accession continua
Extension of the right of ownership of a person to that which is
incorporated or attached to a thing which belongs to such person
Based on convenience and necessity More practical that the owner of a
principal should also own the accessory than establishing co-ownership
MARTIN ADELINO SITOY | EH405

 May take place:

With respect to real property/immovables:
1. accession industrial
building
planting
sowing
2. accession natural
alluvium
avulsion
change of course of rivers
formation of islands
With respect to personal property/movables
1. adjunction or conjunction
inclusion (engraftment)
soldadura (attachment)
tejido (weaving)
pintura (painting)
escritura (writing)
2. misture (confusion liquids; commixtion solids)
3. specification
Right of OWNER to the Fruits (441-412, 444)
GR: All fruits belong to the owner of the thing
XPN: A person, other than the owner of a property, owns the fruits thereof:
1. Possession in good faith possessor in good faith entitled to the fruits
received before possession is legally interrupted
2. Usufruct usufructuary is entitled to all fruits of the property on usufruct
3. Lease of rural lands lessee is also entitled to the fruits of the land;
Owner gets civil fruits in the form of rents
4. Pledge pledgee entitled to to receive the fruits, income, dividends or
interests which pledge earns or produces
5. Antichresis creditor acquires the right to receive the fruits of an
immovable of his debtor
Kinds of Fruits:
1. Natural Fruits
Spontaneous products of the soil (i.e. not through human
cultivation or labor)
Young and other products of animals (e.g. chicks, eggs, wool, milk,
etc.)
still considered natural fruits whatever care, management
scientific or otherwise, may have been given by man since
the law makes no distinction
Owner of a female dog is owner of its young by
accretion
2. Industrial Fruits
Those produced through human cultivation or labor
Examples:
Grass, although a natural fruit, but is considered as industrial
when cultivated as food for horses
Wild mushrooms natural; Cultivated mushrooms
industrial

MARTIN ADELINO SITOY | EH405

 Standing trees natural; When cultivated or exploited to

carry on an industry industrial
3. Civil Fruits
Rents of buildings
Prices of lease (rents) of lands and other property, including
movables
Amount of perpetual or life annuities or similar income
Only such as are manifest or born can be considered as natural or
industrial fruits. With respect to animals, it is sufficient that they are
in the womb of their mother, although unborn. (444)
1. Examples
Plants which produce on crop then perish (corn, rice sugar)
deemed manifest form the time the seedlings appear from the
ground
Plants and trees which live for years and give periodic fruits
fruits not deemed existing until they actually appear on the plants
or trees
Animals deemed existing at the beginning of the maximum
ordinary period of gestation (considered natural fruits only if
existing in the womb of the mother, though unborn)
Fowls fact of appearance of the chicks should retroact to the
beginning of incubation
Products of the soil only if existing or visible
Obligation of RECEPIENT of Fruits (Art 443)
Art 443 applies when:
1. Owner of property recovers the property from a possessor and the
possessor has not yet received the fruits although they may have already
been gathered or harvested; or
2. The possessor has already received the fruits but is ordered to return the
same to the owner
In both cases, the owner is obliged to reimburse the previous possessor for the
expenses incurred by the latter.
If possessor in Bad Faith
1. Owner cannot excuse himself from his obligation by alleging bad faith on
the part of the possessor because the law makes no distinction
Good Faith/Bad Faith applicable when:
1. The goods are still to be gathered at the time he gave up his possession
2. A BPS in bad faith has no right of reimbursement for expenses, nor to the
fruits. Only for the necessary expenses of preservation of land.
If the expenses exceed the fruits
1. Owner must pay the expenses just the same because the law makes no
distinction
2. NOTE: The owner only pays for the expenses for production, gathering
and preservation not improvement.

MARTIN ADELINO SITOY | EH405

RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY

General Rule (Art 445 & 446)
Accessory follows the principal
The land is the principal and what is built, is the accessory
XPN: Improvements made on the separate property of the spouses (Art 120
FC)
Basic Principles
Accession follows the principal
Owner of the latter acquires the ownership of the owner
Incorporation or union must be intimate
Removal or separation can not be effected without substantial injury to
either or both
Effects of good faith and bad faith
Person who acts in bad faith has no rights
but, any person is entitled to reimbursement for necessary expenses of
preservation, cultivation, gathering, preservation
Effects where both parties in bad faith
Bad faith of one neutralizes the bad faith of the other
Principle against unjust enrichment
No one should unjustly enrich himself at the expense of another
Applicability of 445 & 446
Art 445 Whatever is built, planted or sown on the land of another and
the improvements or repairs made thereon, belong to the owner of
the land, subject to the provisions of the following articles.
The owner of the land must be know for this article to apply
Definitions
Building generic term for all architectural work with roof built for
the purpose of being used as mans dwelling, or for offices, clubs,
theaters, etc.
Repairs putting of something back into the condition in which it
was originally in (not an improvement)
Art 446 All works, sowing, and planting are presumed made by the
owner and at his expense,unless the contrary is proved.
Disputable presumptions:
The works, sowing and planting were made by the owner
They were made at the owners expense
He who alleges the contrary of the presumptions established in 446 has
the burden of proof
Rules when landowner uses materials of another to build on his land (447)
If he acted in Good Faith
He becomes the owner of the materials, but shall pay for their value
(466)
XPN: If owner of the materials can remove without injury to the for make
or the plants
If he acted in Bad faith
He becomes the owner of the materials but he shall be obliged:
1. to pay their value
2. pay damages

MARTIN ADELINO SITOY | EH405

 XPN: If owner of the materials decides to remove them whether or not

destruction would be cause
How about the Owner of Materialss?
If landowner acted in Good Faith
1. Owner of materials entitled to reimbursement provided he does
not remove them
2. He is entitled to removal provided there is no substantial injury
caused
If landowner acted in Bad Faith?
1. Owner of materials entitled to absolute right of removal and
damages regardless of any injury is caused
2. Reimbursement and damages if he does not remove the
materials
What if the Owner of Materials acted in bad faith?
The landowner would not only be exempted from reimbursement, but he
would also be entitled to consequential damages
The owner of the materials would lose all rights to them, such as the right
of removal, regardless of whether or not substantial injury would be
caused
Rules when B/S/P builds/sows/plants on a land not belonging to him
1. B/S/P IN GOOD FAITH (448)
Good Faith
Applies only to a possessor in good faith one who builds, sows,
plants on land in the belief that he is the owner of the land, or at
least, has a claim of title.
1. Does not apply where ones interest in the land is merely that
of a holder such as a tenant or lessee under a rental contract,
an agent, or a usufructuary the have no adverse claim or
title to the land.
Good faith is presumed
1. He who alleges bad faith on the part of the builder, sower,
planter has the burden of proof (527)
The provision makes no distinction between public and private
lands
Option Given to Landowner
Options:
1. To appropriate the improvements upon payment of the
required indemnity based on its present or current value
(546, 548, 448) includes necessary, useful and luxurious
expenses
If LO chooses Option 1, the BSP can not exactly be
considered a possessor in good faith
Liability of Builder to Account for Fruits Received
If the improvements are leased to another by the
builder
whatever fruits he received during period of
retention must be deducted from whatever
indemnity is due to him; If it exceeds the
value of the indemnity, the excess shall be
returned to the LO
If the building is occupied by the builder himself
who acted in GF
MARTIN ADELINO SITOY | EH405

 the LO has no right to collect rents for the

occupation of the land while the latter
retains the building
2. To oblige the builder/planter to pay the price of the land, and
the sower to pay the proper rent, unless the value of the land
is considerably more than the value of the building or trees
This right can not be exercised if the lands value is
considerably morethan the value of the buildings or
trees
LO may elect to lease the land and they may
agree upon the terms and failure of which, they
can seek the Court to fix
Fixing of the Price
Sell the land/Buy the improvement Price fixed
at the prevailing market value at the time of
payment
Remedies of LO if BP refuses or fails to pay
Vacate the subject portion and pay reasonable
rent from the time BP made their choice up to the
time they actually vacate the premises
They may assume the relation of lessor-lessee; if
there is disagreement with the terms, the Court
could fix them
They may sell the property at public auction and
apply the proceeds of the sale to the (1) value of
the land and the (2) improvements
If no other arrangement, the LO does NOT
automatically become the owner of the
improvement.
LO remedy is an ordinary action for the
recovery of the price of the land or have
the improvements removed at the Builders
expense
Owners choice shall produce effect from the time it has been
communicated to the other party
1. Once made, it can not be changed without the latters
consent
Reason for the Option
1.
Right of Landowner to Remove or Demolish Improvement
The LO is entitled to such removal ONLY when after having chosen
to sell his land, the other party fails to pay the same
LO can not refuse to exercise his right of choice and compel the
builder to remove or demolish the improvement. He must choose
one.
1. An order by a Court compelling the BP in GF to remove his
building or plant from a land belonging to another who
chooses neither of the options is null and void in violation of
Art 448
Builders/Sowers/Planters Right to Retain Improvement
BSP may retain both the land and the improvements, even against
the real owner, until the indemnity (includes necessary and useful

MARTIN ADELINO SITOY | EH405

expenses) has been paid in full by the LO who has elected to

appropriate the improvements
The LO is prohibited from offsetting or compensating the necessary
and useful expenses with the fruits received by the builderpossessor in good faith
The right of retention rule only applies to Private Lands
If improvements destroyed by a fortuitous event without LOs fault
1. basis for the BSPs right to retain is extinguished and the only
recourse if to vacate the premises and deliver to the LO
If the BSP is in Bad Faith
1. He loses what he has built, sown, planted without right to any
indemnity
Effect of Alienation by Owner of the Land with Improvements
GR: Purchaser as the owner of the land is entitled to all
improvements existing thereon
1. XPN: If improvement was built/sown/planted by a BSP, other
than the land owner, in Good Faith
A purchaser who buys land with improvements belonging to
another knowing such fact, places himself in a position of an owner
of a land who has acted in Bad Faith.
2. B/S/P IN BAD FAITH (449-452)
Instances of Bad Faith
Rodrige
Consequences of Bad Faith (449-450)
build, plant, sow in bad faith on the land of another
1. BSP loses what is built, planted or sown without right to
indemnity
Rights of BSP in Bad Faith (452)
Entitled to reimbursement for the necessary expenses of
preservation of the land
1. Necessary expenses for preservation of the land:
Those for defense work to prevent erosion of part of the
land
Those for litigation in defense of the land against claims
or usurpers
Real property taxes because their non-payment may
result in the public sale of the land
Possessor in Bad Faith has no right to retention
No right to the Fruits (443)
Rights of OWNER of the Land (450-451)
Appropriate what has been built, planted, sown in bad faith, without
any obligation to pay any indemnity except for necessary expenses
for the preservation of the land (452) plus damages
Demand demolition of the work or planting or sowing be removed
at the BSPs expense plus damages
Compel the BUILDER or PLANTER to pay the price of the land,
whether or not the value of the land is considerable more than the
value of the improvements
Compel the SOWER the proper rent, plus damages
3. LANDOWNER AND B/S/P BOTH IN BAD FAITH (453)
Where both parties acted in Bad Faith, it shall be considered as if they
both acted in Good Faith.
MARTIN ADELINO SITOY | EH405

 LO in Bad Faith:
Whenever the act was done with his knowledge and without
opposition on his part
B/S/P in Bad Faith:
If he builds knowing the land does not belong to him, and that he
has no right, permission or authority to do so
4. LANDOWNER IN BAD FAITH, B/S/P IN GOOD FAITH (454)
LO in Bad Faith when:
Whenever the act was done with his knowledge and without
opposition on his part (453)
447 is applicable it is as if the LO built on his land in Bad Faith with the
material of another
LO should pay the value of the materials, plus damages
XPN: If owner of the materials decides to remove them whether or
not destruction would be cause
5. LANDOWNER, BUILDER AND OWNER OF MATERIALS ARE DIFFERENT
PERSONS (455)
Owner of Materials acted in Good Faith, regardless of the GF/BF of the
others
Entitled to reimbursement for the value of the materials principally
from the BSP
1. If BSP is insolvent, LO is subsidiarily liable he benefitted by
accession when he appropriates what is built, sown, planted
Owner of Materials acted in Bad Faith, but the others in Good Faith
Bad Faith: Materials were used with his knowledge and without
opposition on his part
1. He forfeits his rights to his materials without the right to be
indemnified (449) and makes himself liable for any
consequential damages
Only BSP acted in Bad Faith
If LO appropriates the accession, the BSP shall be principally liable
to the owner of the materials for their value, plus damages
1. If BSP insolvent, the LO shall be subsidiarily liable to the
Owner of Materials, but not for damages for he acted in GF
2. The BSP will also be liable to the LO
Only LO acted in Good Faith
LO can exercise his alternative rights in Art 449 & 450 with a right
to demand damages from both
Between the Owner of Materials and BSP treated as having both
acted in good faith
1. Owner of Materials entitled to be reimbursed by the BSP
The LO is not subsidiarily liable to the Owner of Materials or the BSP
All acted in Bad Faith
The rights shall be the same as though all of them acted in Good
Faith
LO is subsidiarily liable if these requisites are present:
Owner of Materials no acted in Bad Faith
BSP is insolvent
LO appropriates the accession to himself
Right of BSP who pays Owner of Materials
Seek reimbursement from the LO for the value of the materials and
labor, if requisites are present:
1. BSP acted in Good Faith
MARTIN ADELINO SITOY | EH405

2. LO appropriates the improvement

If LO acted in Bad Faith
1. LO pays the value of the materials, plus damages
2. The BSP or the Owner of Materials may remove them,
whether or not injury would be caused, plus damages
6. GOOD FAITH & NEGLIGENCE (456)
Good Faith does not necessarily exclude negligence
Party guilty of Negligence shall be liable for the damage done in
accordance with the rule on culpa aquiliana or quasi-delict (2176)

MARTIN ADELINO SITOY | EH405