CIVIL LAW REVIEWER
PROPERTY
Table of Contents
Chapter I. Definition and Classification of
Property.........................................................137
I. Definition ...........................................137
II. Classification .....................................137
Chapter II. Ownership ..................................144
I. Definition ...........................................144
III. Specific Rights under the Civil Code.144
IV. Limitations on Real Right of Ownership
146
Chapter III. Accession..................................147
I. Definition ...........................................147
II. General Principles of Accession .......147
III. Kinds of Accession............................147
IV. Principles Governing Each Kind of
Accession...................................................147
Chapter IV. Quieting of Title........................152
I. In General .........................................152
II. Purpose .............................................152
III. Nature: Quasi in Rem........................152
IV. Requisites .........................................152
V. Prescription of Action ........................153
Chapter V. Co-Ownership............................154
I. Definition ...........................................154
II. Characteristics ..................................154
III. Difference between Co-ownership and
Joint Tenancy.............................................155
IV. Difference between Co-ownership and
Partnership.................................................155
V. Sources of Co-Ownership .................155
VI. Rights of Each Co-owner over the Thing
or Property Owned in Common .................157
VII. Implication of Co-owners Right over
His Ideal Share ..........................................161
VIII. Rules on Co-Ownership Not
Applicable to CPG or ACP.........................161
IX. Special Rules on Ownership of Different
Stories of a House as Differentiated from
Provisions of the Condominium Act...........162
X. Extinguishment of Co-Ownership .....166
Chapter VI. Possession ...............................168
I. Definition ...........................................168
II. Degrees of Possession .....................169
III. Classes of Possession ......................169
IV. Cases of Possession.........................169
V. What Things May be Possessed ......170
VI. What May Not Be Possessed by Private
Persons......................................................171
VII. Acquisition of Possession .............171
VIII. Effects of Possession ...................173
IX. Effects of Possession in the Concept of
Owner ........................................................177
X. Presumption in Favor of the
Possessorfor Acquisitive Prescription ....178
XI. Possesion May Be Lost By ...............179
TABLE of CONTENTS
Chapter VII. Usufruct ................................... 181
I. Concept............................................. 181
II. Characteristics .................................. 181
III. Usufruct Distiguished from Lease and
Servitude.................................................... 181
IV. Classes of Usufruct........................... 182
V. Rights of Usufructuary ...................... 184
VI. Rights of the Naked Owner............... 186
VII. Obligations of the Usufructuary .... 187
VIII. Special Cases of Usufruct ............ 190 136
IX. Extinguishment of Usufruct............... 192
PROPERTY
X. Conditions Not Affecting Usufruct..... 194
Chapter VIII. Easement ................................ 196
I. Concept............................................. 196
II. Essential Features ............................ 196
III. Classification of Servitudes............... 197
IV. General Rules Relating to Servitudes
198
V. Modes of Acquiring Easements ........ 198
VI. Rights and Obligations of Owners of
Dominant and Servient Estates ................. 199
VII. Modes of Extinguishment of
Easements................................................. 200
VIII. Legal Easements .......................... 202
Chapter IX. Nuisance ................................... 212
I. Definition ........................................... 212
II. Classes ............................................. 212
III. Liability in Case of Nuisance............. 213
IV. Regulation of Nuisances ................... 214
Chapter X. Modes of Acquiring Ownership
....................................................................... 217
I. Mode v. Title ..................................... 217
II. Mode ................................................. 217
Chapter XI. Donation ................................... 222
I. Nature ............................................... 222
II. Requisites ......................................... 222
III. Kinds ................................................. 222
IV. Who May Give or Receive Donations
223
V. Who May Not Give or Receive
Donations................................................... 224
VI. Acceptance ....................................... 225
VII. Form ............................................. 225
VIII. What May Be Donated ................. 225
IX. Effect ................................................. 226
X. Revocation and Reduction................ 227
Chapter XII. Lease........................................ 232
I. General Characteristics .................... 232
II. Kinds ................................................. 232
III. Lease of Things ................................ 232
CIVIL LAW REVIEWER Chapter I. DEFINITION and CLASSIFICATION of PROPERTY

PROPERTY TEAM
Chapter I. Definition and Classification of

PROPERTY
Property
Prof. Solomon Lumba
Faculty Editor
Michelle Go I. DEFINITION
Lead Writer
II. CLASSIFICATION
Erika Esperas A. UNDER THE CIVIL CODE
Katrina Michelle Mancao
Celie Mari Santos
B. BY OWNERSHIP
Writers C. OTHER CLASSIFICATIONS

CIVIL LAW
I. Definition
Kristine Bongcaron
Patricia Tobias
Subject Editors PROPERTY: Mass of things or objects
characterized by
ACADEMICS COMMITTEE 1. Utility capacity to satisfy human wants 137
Kristine Bongcaron 2. Individualityand substantivity separate and

PROPERTY
Michelle Dy autonomous existence
Patrich Leccio 3. Susceptibility of being appropriated those
Editors-in-Chief which cannot be appropriated because of
PRINTING & DISTRIBUTION their distance, depth or immensity cannot be
considered as things (i.e. stars, ocean)
Kae Guerrero

DESIGN & LAYOUT II. Classification

Pat Hernandez
Viktor Fontanilla A. UNDER THE CIVIL CODE
Rusell Aragones
Romualdo Menzon Jr. Article 414, Civil Code. All things which are or may
Rania Joya be the object of appropriation are considered either:
1. Immovable or real property; or
LECTURES COMMITTEE 2. Movable or personal property.
Michelle Arias
Camille Maranan
IMMOVABLES OR REAL PROPERTY
Angela Sandalo
Heads Article 415
The following are immovable property:
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan 1. Land, buildings, roads and constructions of
Arianne Cerezo Marcrese Banaag all kinds adhered to the soil;
Volunteers 2. Trees, plants, and growing fruits, while they
are attached to the land or form an integral
MOCK BAR COMMITTEE part of an immovable;
Lilibeth Perez 3. Everything attached to an immovable in a
fixed manner, in such a way that it cannot be
BAR CANDIDATES WELFARE separated therefrom without breaking the
Dahlia Salamat material or deterioration of the object;
4. Statues, reliefs, paintings or other objects for
LOGISTICS use or ornamentation, placed in buildings or
Charisse Mendoza on lands by the owner of the immovable in
such a manner that it reveals the intention to
SECRETARIAT COMMITTEE attach them permanently to the tenements;
Jill Hernandez 5. Machinery, receptacles, instruments or
Head implements intended by the owner of the
tenement for an industry or works which
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo may be carried on in a building or on a piece
Members of land, and which tend directly to meet the
needs of the said industry or works;
6. Animal houses, pigeon-houses, beehives,
fish ponds or breeding places of similar
nature, in case their owner has placed them
or preserves them with the intention to have
CIVIL LAW REVIEWER
them permanently attached to the land, and
forming a permanent part of it; the animals
in these places are included;
7. Fertilizer actually used on a piece of land;
8. Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
9. Docks and structures which, though floating,
are intended by their nature and object to
remain at a fixed place on a river, lake, or
coast;
10. Contracts for public works, and servitudes
and other real rights over immovable
property.
Immovables by Nature
Those which cannot be moved from place to
place; their intrinsic quality have no utility except
in a fixed place (Par. 1 & 8)
1. Par. 1: Lands, building, roads and
constructions
a. Buildings
To be considered a building, their
adherence to the land must be
permanent and substantial.
Buildings have been considered as
immovables, despite:
Treatment by the parties e.g.
they constitute a separate
mortgage on the building and
the land (Punzalan v.
Lacsamana)
Separate Ownership i.e. a
building on rented land is still
considered an immovable.
(Tolentino)
2. Par. 8: Mineral deposits and waters
a. Mineral Deposits
Minerals still deposited in the soil
When minerals have been
extracted, they become chattel.
b. Slag Dump: dirt and soil taken from a
mine and piled upon the surface of the
ground. Inside the dump can be found
the minerals.
c. Waters: those still attached to or running
thru the soil or the ground.
Immovables by Incorporation
Those which are essentially movables but are
attached to an immovable in such a way as to be
an integral part thereof (Par. 2, 3, 4, 6 & 7)
1. Par. 2: Trees and plants
a. Trees and plants: only immovables
when they are attached to the land or
form an integral part of an immovable
When they have been cut or
uprooted, they become movables.
Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
b. However, by special treatment of Act
1508 (Sec. 7, Chattel Mortgage Law),
growing crops may be subject of a
Chattel Mortgage.
c. For the purpose of attachment: growing
crops are to be attached in the same
manner as realty. (Rule 59, Sec. 7)
2. Par. 3: Things incorporated
a. Res vinta in Roman Law
b. Attachment in a fixed manner:
breakage or injury in case of separation
will be substantial e.g. wells, sewers,
aqueducts and railways
Whether attached by the owner
himself or some other person 138
3. Par. 7: Fertilizer
PROPERTY
Actually used means it has been spread
over the land.
Immovables by Destination
Those which are essentially movables but by the
purpose for which they have been placed in an
immovable, partake of the nature of an
immovable because of the added utility derived
therefrom (Par. 4, 5, 6 & 9)
1. Par. 4: Fixtures and ornaments
Requisites:
a. Placed by the owner or by the tenant as
agent of the owner;
b. With intention of attaching them
permanently even if adherence will not
involve breakage or injury.
Where the improvement or ornaments
placed by the lessee are not to pass to the
owner at the expiration of the lease, they
remain movables for chattel mortgage
purposes. (Davao Sawmill v. Castillo)
2. Par. 3 v. Par. 4
Par. 3 Par. 4
Cannot be separated from Can be separated from
immovable without immovable without
breaking or deterioration breaking or deterioration
Must be placed by the
Need not be placed by the
owner, or by his agent,
owner
expressed or implied
Real property by
Real property by
incorporation and
incorporation
destination
3. Par. 5: Machinery and equipment
a. Immovable characteristic depends upon
their being destined for use in the
industry or work in the tenement;
The moment they are separated,
(from the immovable or from the
industry or work in which they are
CIVIL LAW REVIEWER
utilized) they recover their
condition as movables.
If it is still needed for the industry
but separated from the tenement
temporarily, the property continues
to be immovable.
b. Requisites for Immovability in Par. 5:
Placed by the owner or the tenant
as agent of the owner;
Adapted to the needs of the industry
or work carried on
EXCEPT: When estoppel operates
Parties to a contract may by agreement
treat as personal property that which by
nature would be real property, as long
as no interest of third parties would be
prejudiced. That characterization is
effective as between the parties.
(Makati Leasing v. Wearever)
c. EFFECT of Attachment
Machinery become part of the
immovable.
The installation of machinery and
equipment in a mortgaged sugar
central for the purpose of carrying
out the industrial functions of the
latter and increasing production,
constitutes a permanent
improvement on said sugar central
and subjects said machinery and
equipment to the mortgage
constituted thereon. (Berkenkotter
v. Cu Unjieng)
4. Par. 6: Animal houses and animals therein
a. Requisites:
Placed by the owner or the tenant
as agent of the owner, with the
intention of permanent attachment;
Forming a permanent part of the
immovable.
5. Par. 9: Docks and fixed floating structures
a. A floating house tied to a shore or bank
post and used as a residence is
considered real property, considering
that the waters on which it floats are
considered immovables.
b. But if the floating house makes it a point
to journey from place to place, it
assumes the category of a vessel, and
is considered immovable property
Immovables by Analogy (Par. 10)
Contracts for public works, servitudes, other
real rights over immovable property e.g.
Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
usufruct and lease of real property for a
period of 1 year and registered
Effect of Enumeration: Art. 415 not
absolute
1. Parties may by agreement treat as movable
that which is enumerated by law as
immovable, but effective only as to them.
The view that parties to a deed of chattel
mortgage may agree to consider a house as
personal property for the purposes of said
contract, "is good only insofar as the
contracting parties are concerned. It is
based, partly, upon the principle of estoppel"
(Evangelista vs. Alto Surety) 139
PROPERTY
2. For purposes of taxation, improvements on
land are commonly taxed as realty, even
though for some purposes, they might be
considered as personalty.
It is a familiar phenomenon to see things
classified as real property for purposes of
taxation, which on general principle, might
be considered personal property. (Manila
Electric v. Central Bank)
MOVABLES OR PERSONAL PROPERTY
Article 416, Civil Code. The following things are
deemed to be personal property:
1. Those movables susceptible of
appropriation which are not included in the
preceding article;
2. Real property which by any special
provision of law is considered as personal
property;
3. Forces of nature which are brought under
control by science; and
4. In general, all things which can be
transported from place to place without
impairment of the real property to which
they are fixed.
Article 417, Civil Code. The following are also
considered as personal property:
1. Obligations and actions which have for their
object movables or demandable sums; and
2. Shares of stock of agricultural, commercial
and industrial entities, although they may
have real estate.
Tests to Determine Movable Character
1. By exclusion everything NOT included in
Article 415
Parties cannot by agreement treat as
immovable that which is legally movable.
CIVIL LAW REVIEWER
2. By description an object is immovable if it
possesses:
a. Ability to change location whether it
can be carried from place to place;
b. Without substantial injury to the
immovable to which it is attached.
The steel towers built by MERALCO are not
buildings or constructions since they are
removable and merely attached to a square
metal frame by means of bolts, which when
unscrewed could easily be dismantled and
moved from place to place, without breaking
the material or causing deterioration to the
object they are attached. (Board of
Assessment Appeals v. Meralco)
3. By special provision of law real property is
considered as personal property
a. Growing crops under the Chattel
Mortgage Law
b. Machinery installed by a lessee not
acting as agent of the owner (Davao
Sawmill v. Castillo)
c. Intellectual property considered
personal property; it consists in the
pecuniary benefit which the owner can
get by the reproduction or manufacture
of his work.
4. By forces of nature e.g. electricity, gas,
heat, oxygen
IMPORTANCE AND SIGNIFICANCE OF
CLASSIFICATION UNDER THE CIVIL CODE
Criminal Law
1. Usurpation of property can take place only
with respect to real property.
Art. 312. Occupation of real property
or usurpation of real rights in
property.
Any person who, by means of violence
against or intimidation of persons, shall
take possession of any real property or
shall usurp any real rights in property
belonging to another, in addition to the
penalty incurred for the acts of violence
executed by him, shall be punished by a
fine from 50 to 100 per centum of the
gain which he shall have obtained, but
not less than 75 pesos.
Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
If the value of the gain cannot be
ascertained, a fine of from 200 to 500
pesos shall be imposed.
2. Robbery and theft can be committed only
against personal property.
Art. 293. Who are guilty of robbery.
Any person who, with intent to gain,
shall take any personal property
belonging to another, by means of
violence or intimidation of any person, or
using force upon anything shall be guilty
of robbery.
Art. 308. Who are liable for theft.
Theft is committed by any person who, 140
with intent to gain but without violence
PROPERTY
against or intimidation of persons nor
force upon things, shall take personal
property of another without the latter's
consent.
Form of Contracts Involving Movables and
Immovables
1. Subject matter of specific contracts: only
real property can be the subject of real
mortgage (Art. 2124) and antichresis (Art
2132); only personal property can be the
subject of voluntary deposit (Art. 1966),
pledge (Art. 2094) and chattel mortgage (Act
1508)
2. Donations of real property are required to
be in a public instrument (Art. 749) but a
donation of a movable mat be made orally or
in writing (Art. 748)
Acquisitive Prescription
1. Real Property can be acquired by
prescription in 30 years (bad faith) and 10
years (good faith).
2. Movables can be acquired by prescription in
8 years (bad faith) and 4 years (good faith).
Venue
1. Rule 4, Sec. 1: Venue of real actions.
Actions affecting title to or possession of
real property, or interest therein, shall be
commenced and tried in the proper court
which has jurisdiction over the area
wherein the real property involved, or a
portion thereof, is situated. Forcible
entry and detainer actions shall be
commenced and tried in the municipal
trial court of the municipality or city
wherein the real property involved, or a
portion thereof, is situated.
CIVIL LAW REVIEWER
2. Rule 4, Sec. 2: Venue of personal actions.
All other actions may be commenced
and tried where the plaintiff or any of the
principal plaintiffs resides, or where the
defendant or any of the principal
defendants resides, or in the case of a
non-resident defendant where he may
be found, at the election of the plaintiff.
Governing Law
1. Immovables are governed by the law of the
country wherein they are located
2. Movables are governed by the personal
laws of the owner which in some cases is
the law of his nationality and in other cases,
the law of his domicile.
Action for Recovery of Possession
1. Possession of real property may be
recovered through accion reivindicatoria,
accion publiciana, forcible entry and
unlawful detainer.
2. Possession of movable property may be
recovered through replevin.
B. CLASSIFICATION BY OWNERSHIP
Article 419, Civil Code. Property is either of public
dominion or of private ownership.
PROPERTY OF PUBLIC DOMINION
Article 420, Civil Code. The following things are
property of public dominion:
1. Those intended for public use, such as
roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks,
shores, roadsteads, and others of similar
character;
2. Those which belong to the State, without
being for public use, and are intended for
some public service or for the development
of the national wealth.
Public Dominion As defined by Art. 420, CC
Public Domain Used in Article XII, Section 2, of
the 1987 Constitution
Public Lands Public Land Act
Characteristics of Public Dominion
1. Not owned by the State and its subdivisions
but pertains to it as territorial sovereign, to
hold in trust for the interest of the
community.
2. Intended for public use, and not for use by
the State as a juridical person
3. Cannot be the subject of appropriation either
by the State or by private persons
Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
Classifications
1. Administered by the State
a. For public usemay be used by
everybody, even by strangers or aliens,
in accordance with its nature but nobody
can exercise over it the rights of a
private owner.
b. For public servicemay be used only by
authorized persons but exists for the
benefit of all e.g. fortresses, unleased
mines and civil buildings
c. For development and national wealth
includes natural resources such as
minerals, coal, oil and forest
2. Administered by Municipal Corporations 141
PROPERTY
Article 424, Civil Code. Property for public use, in
the provinces, cities, and municipalities, consist of
the provincial roads, city streets, municipal streets,
the squares, fountains, public waters, promenades,
and public works for public service paid for by said
provinces, cities, or municipalities.
Property of public dominion is outside the
commerce of man
They cannot be the subject matter of private
contracts, cannot be acquired by
prescription and they are not subject to
attachment and execution nor burdened with
a voluntary easement.
PRIVATE OWNERSHIP
Can be exercised by the State in its private
capacity or by private persons
Patrimonal Property of the State
Article 421, Civil Code. All other property of the
State, which is not of the character stated in the
preceding article, is patrimonial property.
1. Owned by the State over which it has the
same rights as private individuals in relation
to their own property
2. Subject to the administrative laws and
regulations on the procedure of exercising
such rights.
3. Examples: friar lands, escheated properties
and commercial buildings
4. Purpose of Patrimonial Property
a. Enables the State to attain its economic
ends
b. Serves as a means for the States
subsistence and preservation
c. Enables the State to fulfill its primary
mission
5. Conversion of Property of Public
Dominion to Patrimonial Property
CIVIL LAW REVIEWER
Property of public dominion, when no
longer intended for public use or for
public service, shall form part of the
patrimonial property of the State [Art.
422, Civil Code]
6. Requires a Declaration by the
Government through its executive or
legislative departments to the effect that it is
no longer needed for public use or service.
Patrimonial Property of Municipal
Corporations
Article 424(2), Civil Code. All other property
possessed by any of them [the provinces, cities, and
municipalities] is patrimonial and shall be governed
by this Code, without prejudice to the provisions of
special laws.
1. The province or municipality, as a juridical
entity, also possesses private property to
answer for its economic necessities.
2. Classification of Properties of provinces,
cities and municipalities (Salas v.
Jarencio)
a. Properties acquired with their own
funds in their private or corporate
capacity over which the political
subdivision has ownership and control
b. Properties of public dominion held in
trust for the States inhabitants are
subject to the control and supervision of
the State
3. A municipal corporation must prove that
they acquired the land with their own
corporate funds
The presumption is that land comes from the
State upon the creation of the municipality.
All lands in the possession of the
municipality, EXCEPT for those acquired
with its private funds, are deemed to be
property of public dominion, held in trust for
the State for the benefit of its inhabitants.
Congress has paramount power to dispose
of lands of public dominion in a municipality,
the latter being a subdivision only for
purposes of local administration. (Salas v.
Jarencio)
Private Property of Private Persons
Article 425, Civil Code. Property of private
ownership, besides the patrimonial property of the
State, provinces, cities, and municipalities, consists
of all property belonging to private persons, either
individually or collectively.
Refers to all property belonging to private
persons, natural or juridical, either
Chapter I. DEFINITION and CLASSIFICATION of PROPERTY
individually or collectively (co-owned
property)
CONVERSION
Alienable Public Land converted to Private
Property through Prescription
Alienable public land held by a possessor
personally/through predecessors-in-interest,
openly, continuously and exclusively for 30
years is CONVERTED to private property by
the mere lapse or completion of the period.
The application for confirmation is mere
formality, because land had already been
converted, giving rise to a registrable title.
(Director of Lands v. IAC)
142
See New Law
PROPERTY
Private Land converted to Property of Public
Dominion through abandonment and
reclamation
Through the gradual encroachment or
erosion by the ebb and flow of the tide,
private property may become public IF the
owner appears to have ABANDONED the
land, and permitted it to be totally destroyed
so as to become part of the shore. The land
having disappeared on account of the
gradual erosion, and having remained
submerged until they were reclaimed by the
government, they are public land.
(Government v. Cabangis)
C. OTHER CLASSIFICATIONS
By their physical existence
1. Corporeal
All property the existence of which can be
determined by the senses (res qui tangi
possunt)
2. Incorporeal
a. Things having abstract existence,
created by man and representing value.
b. Includes rights over incorporeal things,
credits, and real rights other than
ownership over corporeal things.
By their autonomy or dependence
1. Principal
Those to which other things are considered
dependent or subordinated, such as the land
on which a house is built.
2. Accessory
Those which are dependent upon or
subordinated to the principal. They are
destined to complete, enhance or ornament
another property.
CIVIL LAW REVIEWER Chapter I. DEFINITION and CLASSIFICATION of PROPERTY

By their subsistence after use 2. Specific

Article 418, Civil Code. Movable property is either That which indicates the specie or its nature
consumable or nonconsumable. To the first class and the individual, such as the white horse
belong those movables which cannot be used in a of X.
manner appropriate to their nature without their
being consumed; to the second class belong all the
Existence in point of time
others.
1. Present
Those which exist in actuality, either
1. Consumable
physical or legal, such as, the erected
a. Those whose use according to their
building.
nature destroys the substance of the
2. Future
thing or causes their loss to the owner.
Those which do not exist in actuality, but
(ex: food)
whose existence can reasonably be
b. Consumable goods cannot be the
expected with more or less probability, such
subject matter of a contract of
as ungathered fruits.
commodatum unless the purpose of 143
the contract is not the consumption of

PROPERTY
the object, as when it is merely for
exhibition.

2. Non-consumable e.g. money in coin

Susceptibility to substitution
1. Fungibles
Things which because of their nature or the
will of the parties, are capable of being
substituted by others of the same kind, not
having a distinct individuality.
2. Non-Fungibles
Things which cannot be substituted for
another

Consumable v. Fungible: It is the intention

of the parties to a contract which determines
whether the object is fungible or non-
fungible and not the consumable or non-
consumable nature of the thing.

By susceptibility to deterioration
1. Deteriorable that deteriorate through use or
by time
2. Non-deteriorable

By reason of their susceptibility to division

1. Divisible
Those which can be divided physically or
juridically without injury to their nature. E.g.:
piece of land or an inheritance.
2. Indivisible
Those which cannot be divided without
destroying their nature or rendering
impossible the fulfillment of the juridical
relation of which they are object.

By reason of designation
1. Generic
That which indicates its homogenous nature,
but not the individual such as a horse,
house, dress, without indicating it.
CIVIL LAW REVIEWER
Chapter II. Ownership
I. DEFINITION
II. BUNDLE OF RIGHTS IN OWNERSHIP
III. SPECIFIC RIGHTS OF THE OWNER
IV. LIMITATIONS ON THE RIGHTS OF
OWNERSHIP
I. Definition
Independent right of exclusive
enjoyment and control of a thing
For the purpose of deriving all
advantages required by the reasonable
needs of the owner/holder of right and
promotion of general welfare
A thing pertaining to one person
Completely subjected to his will
In everything not prohibited by public
law or the rights of another
II. Rights Included in Ownership
Art. 428, Civil Code
1. The owner has the right to enjoy and
dispose of a thing, without other limitations
than those established by law.
2. The owner has also a right of action against
the holder and possessor of the thing in
order to recover it.
5 + 1 BUNDLE OF RIGHTS
1. Jus Utendi: Right to enjoy and receive what
the property produces
2. Jus Fruendi: Right to receive fruits
3. Jus Abutendi: Right to consume a thing by
use
1. Jus Disponendi: Right to to alienate,
encumber, transform or even
destroy the thing owned
2. Jus Vindicandi: Right to recover
possession of property based on a
claim of ownership
4. Jus Possidendi: Right to possess the
property (Implied from all the other rights)
III. Specific Rights under the Civil Code
Specific Rights
1. Right to Self Help
2. Right to Enclose of Fence
3. Right to Receive Just Compensation
4. Right to Accession
5. Right to Space and Subsoil
6. Right to Hidden Treasure
7. Right to Recover Possession
Chapter II. OWNERSHIP
Right to Self Help
Article 429, Civil Code. The owner or lawful
possessor of a thing has the right to exclude any
person from the enjoyment and disposal therof. For
this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or
usurpation of his property.
1. Authorizes the lawful possessor to use
force, to prevent a threatened lawful
invasion or usurpation
2. Requisites
a. Lawful possession
b. Actual or threatened unlawful physical
invasion or usurpation of his property 144
Must not be a valid exercise of right
PROPERTY
or public function
c. Force used is reasonably necessary to
repel or prevent the aggression (least
damage rule)
d. Physical invasion must not have
succeeded yet, and possession has not
been lost
Once property is lost, the owner can
no longer use force, but must file
action to recover
Right to Enclose or Fence
Article 430, Civil Code. Every owner may enclose
or fence his land or tenements by means of walls,
ditches, live or dead hedges, or by any other means
without detriment to servitudes constituted thereon.
But right is limited by servitudes existing
thereon
The owner of lower lands cannot erect
works that will impede or prevent such an
easement or charge, constituted and
imposed by the law upon his estate for the
benefit of higher lands belonging to different
owners; neither can the latter do anything to
increase or extend the easement. It is true
that the Code authorizes every owner to
enclose his estate by means of walls,
ditches, fences or other device, but this right
is limited by the easement imposed upon his
estate. (Lunod v. Meneses)
Right to Receive Just Compensation (in case
of expropriation)
Article 435, Civil Code. No person shall be
deprived of his property except by competent
authority and for public use and always upon
payment of just compensation.
Should this requirement be not first complied with,
the courts shall protect and, in a proper case,
restore the owner in his possession.
CIVIL LAW REVIEWER Chapter II. OWNERSHIP

a. Right of a finder by chance who is not a

Requisites of a Valid Expropriation
a. For public use or utility
b. Necessity of expropriation: reasonable
in view of purpose of the taking
c. Just compensation: Market value +
consequential damages
Right to Accession
Article 440, Civil Code. 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.
Right to Space and Subsoil
1. Ownership of surface and everything under
the property
trespasser/intruder: of treasure
b. Right of a usufructuary who finds
treasure: of treasure
c. Right of State to acquire things of
interest to science or the arts
Right to Recover Possession
1. Movable Property: Replevin
for manual delivery of property
Prescription of Right: 4 years (GF) or 8
years (BF)
2. Immovable Property
a. Accion Reinvindicatoria: Recovery of
ownership of real property 145
Including but not limited to possession

PROPERTY
a. Can construct works, make plantings Prescription of Action: 30 years
and excavations b. Accion Publiciana: Recovery of a better
b. Respecting servitudes and reasonable right to possess (de jure)
requirements of aerial navigation Judgment as to who has the better
c. Easement of lateral and subjacent right of possession
support Also, actions for ejectment not filed
2. Subject to laws and ordinances within 1 year must be filed as accion
The doctrine that ownership of the land publiciana
extends to the periphery of the universe Prescription: 10 years
(Cujus est solum ejus est usque ad c. Accion Interdictal: Recovery of
coelum, usque ad infernos) is no longer actual/physical possession (de facto)
applied in the modern world, in view of the FORCIBLE ENTRY: Lawful possessor
doctrine that the air is a public highway. (US deprived through FISTS:
v. Causby) o FISTS (Force, Intimidation,
Strategy, Threats, Stealth)
Right to Hidden Treasure o Prescription: 1 year from
Article 438, Civil Code. Hidden treasure belongs to dispossession (force,
the owner of the land, building, or other property on
intimidation, threats) or from
which it is found.
knowledge of dispossession
Nevertheless, when the discovery is made on the (strategy, stealth)
property of another, or of the State or any of its UNLAWFUL DETAINER: Possessor
subdivisions, and by chance, one-half thereof shall refused to vacate upon demand by
be allowed to the finder. If the finder is a trespasser, owner
he shall not be entitled to any share of the treasure. o Legal possession (by
permission/tolerance) becomes
If the things found be of interest to science or the unlawful upon failure to vacate
arts, the State may acquire them at their just price,
o Prescription of action: 1 year
which shall be divided in conformity with the rule
stated. from last notice to vacate

Article 439, Civil Code. By treasure is understood,
for legal purposes, any hidden and unknown deposit
of money, jewelry or other precious objects, the
lawful ownership of which does not appear
1. Legal concept of hidden treasure
a. Consist of money jewels or other
precious objects
b. Hidden and unknown, such that the
finding is a real discovery
2. Owner also owns hidden treasure found in
the land subject to:
In case of leases of residential units, the
grounds for judicial ejectment are limited to
those enumerated in, RA 9653: Rent
Control Law of 2009 (See Section on
Special Laws)
3. Requisites for Recovery [Art. 434, Civil
Code]
a. Property must be identified
Through a relocation survey and a title
properly identifying boundaries and
location
CIVIL LAW REVIEWER Chapter II. OWNERSHIP

b. Plaintiff must rely on the strength of his 2. Specific Limitations

title and not on weakness of defendants a. Legal Servitudes: once requisites are
title satisfied, the servient owner may ask
Right must be founded on positive title the Court to declare the existence of an
and not on lack or insufficiency of easement
defendants Art. 644 & 678: Aqueduct
Ei incumbit probatio qui dicit, non Art. 679: Planting of trees
qui negat: He who asserts, not he Art. 670: Light and View
who denied must prove Art. 649 & 652: Right of Way
Art. 637: Passage of water from upper
to lower tenements
IV. Limitations on Real Right of Art. 676: Drainage of buildings
Ownership Art. 684-687: Lateral and subjacent
support
b. Must not injure the rights of a third
Limitations Provided by Law person 146
1. In General Sic Utere Tuo Ut Alienum Non

PROPERTY
a. Police Power: Property taken with no Laedas
compensation for general welfare The owner of a thing cannot make use
When any property is condemned or thereof in such manner as to injure the
seized by competent authority in the rights of a third person. [Art. 431, Civil
interest of health, safety or security, Code]
the owner thereof shall not be entitled c. Act in State of Necessity
to compensation, unless he can show The owner of a thing has no right to
that such condemnation or seizure is prohibit the interference of another with
unjustified. [Art. 436, Civil Code] the same, if the interference is
Requisites: To justify the exercise of necessary to avert an imminent danger
police power, the following must and the threatened damage, compared
appear: to the damage arising to the owner from
o The interests of the public the interference, is much greater. The
generally, require such owner may demand from the person
interference (as distinguished benefited, indemnity for the damage to
from those of a particular class) him. [Art. 432, Civil Code]
o The means are reasonably
necessary for the
accomplishment of a purpose,
and not unduly oppressive
b. Taxation: Forced contribution to the
operation of government
c. Eminent Domain: Property taken for
public use/purpose, but subject to due
process and payment of just
compensation
Requisites To justify the exercise of
the right of eminent domain, the
following requisites must all be
present:
o Private property as the object of
the expropriation;
o The property is taken by the
State or by competent authority;
o The purpose of the taking is for
public use;
o The taking must be attended
with due process of law;
o There is payment of just
compensation
CIVIL LAW REVIEWER Chapter III. ACCESSION

Industrial fruits are those produced by lands of any

Chapter III. Accession kind through cultivation or labor.

I. DEFINITION Civil fruits are the rents of buildings, the price of

II. GENERAL PRINCIPLES OF ACCESSION leases of lands and other property and the amount
III. KINDS OF ACCESSION of perpetual or life annuities or other similar income.
IV. PRINCIPLES APPLICABLE TO EACH
A. PRINCIPLES APPLICABLE TO
1. Accession Discreta Natural
ACCESSION DISCRETA
Article 444, Civil Code. Only such as are manifest
B. PRINICPLES APPLICABLE TO
or born are considered as natural or industrial fruits..
ACCESSION CONTINUA
V. ACCESSION OVER MOVABLES a. Spontaneous products of the soil
without the intervention of man
b. The young of animals
I. Definition Products of animals which can be
ACCESSION: Owner of a thing becomes the removed without killing the principal
owner of everything that it may produce or which (e.g. fleece, wool, milk, etc. but not 147
may be inseparably united or incorporated meat, fur, hide)

PROPERTY
thereto, either naturally or artificially Time of Accrual depending on kind:

II. General Principles of Accession 2. Accession Discreta Industrial: Refers to

1. Accessory follows the principal: presumption fruits produced by the land through labor
and cultivation
of ownership of both principal and accessory
3. Accession Discreta Civil: Refers to rentals
2. No one shall be unjustly enriched at the
expense of another: right to acquire but with of a movable or an immovable
duty to reimburse
Principles Applicable to Accession
Discreta
III. Kinds of Accession 1. Time of Accrual depending on kind:
1. Accession Discreta a. Annuals: from the time seedlings
a. Natural appear on the ground
b. Industrial b. Perennials: from the time fruits actually
c. Civil appear on the plants
2. Accession Continua c. Young of animals: from the time they
a. Over Immovables are in the womb, although unborn
Industrial beginning of maximum ordinary period
Natural of gestation
o Alluvion d. Fowls: from the time of incubation
o Avulsion
o Change of Course of River 2. A receiver of fruits has the obligation to pay
o Formation of Islands the expenses incurred by a third person in
b. Over Movables the production, gathering and preservation.
Conjunction and Adjunction (Art. 443, Civil Code)
Commixtion and Confusion Exception: Receiver does not have to
Specification pay if fruits are recovered before
gathering from a possessor in bad
faith, receiver does NOT have to pay
IV. Principles Governing Each Kind of indemnity
Accession But if recovered after fruits have been
gathered, receiver must pay since the
A. Accession Discreta fruits have been separated from
immovable, hence accession principles
Accession Discreta: Accession of Fruits will not apply
Article 441, Civil Code. To the owner belongs:
1. The natural fruits;
Accession Continua over Immovables:
2. The industrial fruits;
Accession by Attachment/Incorporation
3. The civil fruits.
1. Accession Continua Artificial or
Article 442, Civil Code. Natural fruits are the Industrial: Building, planting or sowing on
spontaneous products of the soil, and the young and land owned by another (over immovables)
other products of animals. a. GENERAL RULE: Whatever is built,
planted or sown on the land of another +
CIVIL LAW REVIEWER Chapter III. ACCESSION

improvements or repairs made thereon, or sowing was done with the

belong to the owner of the land subject knowledge and without
to the rules on BPS. opposition on his part
b. PRESUMPTIONS: o On the part of owner of
All works, sowing and planting are materials: Allows the use of his
presumed made by the owner materials without protest
All works are presumed made at the o On the part of the builder,
owners expense, unless the contrary planter and sower: Knows that
is proved he does not have title to the
The owner of the principal thing owns land, nor the right to build
the natural, industrial and civil fruits, thereon OR no permission of
except when the following persons the owner of the materials to
exist: pay their value
o Possessor in Good Faith Bad faith leads to liability for
o Usufructuary damages and the loss of the works or
o Lessee the improvement without 148
o Antichretic creditor reimbursement

PROPERTY
c. Meaning of BAD FAITH Bad faith of one party neutralizes the
Bad faith bad faith of the other
o On the part of the landowner:
Whenever the building, planting

SUMMARY OF BUILDER, PLANTER AND SOWER PROVISIONS

ART. 447-455

Case 1: Landowner is BPS using material of another

Landowner and BPS Owner of Material

Good faith Good faith
Right to acquire the improvements after paying the Limited right of removal if there would be no injury
value of materials. to work constructed, or without plantings or
constructions being destroyed. (Article 447)
Right to receive payment for value of materials
Bad faith Good faith
Acquire BPS after paying its value and paying Right to receive payment for value of materials
indemnity for damages (Article 447) but subject to Absolute right of removal of the work constructed in
OMs right to remove any event
Right to be indemnified for damages
Good faith Bad faith
Right to acquire the improvements without paying Lose materials without right to indemnity
indemnity
Right to acquire indemnity for damages if there are
hidden defects known to OM
Bad faith Bad faith
Same as though acted in good faith under Article 453 Same as though acted in good faith under Article
453

Case 2: BPS builds, plants, or sows on anothers ;and using his own materials
Landowner BPS and Owner of Material
Good faith Good faith
Landowner has option to: BPS has right to retain (right of retention) the land
a. Acquire the improvement after paying until the payment of indemnity
indemnity which may be the original cost of
improvement OR increase in value of the whole NOTE: During this period BPS is not required to pay
brought about by the improvement rent.
b. Sell the land to the BP or collect rent from
sower UNLESS value of land is more than the
thing built, planted or sown or BP shall pay rent
fixed by parties or by the court in case of
CIVIL LAW REVIEWER Chapter III. ACCESSION

disagreement.
NOTE: Landowner can be forced to choose under pain
of direct contempt or court can choose for him.
Good faith Bad faith
Landowner has right to collect damages in any case Pay damages to landowner
and option to: BPS lose materials without right to indemnity
a. Acquire improvements without paying No right to refuse to buy the land
indemnity if the improvements are still standing Recover necessary expenses for preservation of
on the land land
b. Sell the land to BP or collect rent from the
sower unless value of the improvements in
which case there will be a forced lease
c. Order demolition of improvements or
restoration o0f land to its former condition at
the expense of the BPS

Landowner must pay for necessary expenses for 149

preservation

PROPERTY
Bad faith Good faith
Landowner must indemnify BPS for the BPS has right to :
improvements and pay damages as if he himself did a. Be indemnified for damages
the BPS b. Remove all improvements in any event
Landowner has no option to sell the land and
cannot compel BPS to buy the land unless BPS
agrees to
Bad faith Bad faith
Same as though acted in bad faith under Article 453 Same as though acted in bad faith under Article 453

Case 3: BPS builds, plants or sows on anothers land with materials owned by third persons
Landowner
Good faith
Right to acquire improvements
and pay indemnity to BPS;
subsdiarily liable to OM
Has option to:
a. Sell land to BP except if the
value of the land is
considerably more
b. Rent to sower
Good faith
Right to acquire improvements
and pay indemnity to BPS
Has option to:
a. Sell land to BP except if the
value of the land is
considerably more
b. Rent to sower
Without subsidiarily liability for
cost of materials
Good faith
Landowner has right to collect
damages in any case and
option to:
a. Acquire improvements w/o
paying for indemnity; or
b. Demolition or restoration;
or
c. Sell to BP, or to rent to
sower
Pay necessary expenses to
BPS
Bad faith
Same as when all acted in good
faith under Article 453
BPS
Good faith
Right of retention until
necessary and useful expenses
are paid
Pay value of materials to OM
Good faith
Right of retention until
necessary and useful expenses
are paid.
Keep BPS without indemnity to
OM and collect damages from
him
Bad faith
Recover necessary expenses
for preservation of land from
landowner unless landowner
sells land
Bad faith
Same as when all acted in good
faith under Article 453
Owner of Material
Good faith
Collect value of material
primarily from BPS and
subsidiarily liable for landowner
if BPS is insolvent
Limited right of removal
Bad faith
Lose the material without right
to indemnity
Must pay for damages to BPS
Bad faith
Recover value from BPS (as if
both are in good faith)
If BPS acquires improvement,
remove materials if feasible w/o
injury
No action against landowner but
liable to landowner for damages
Bad faith
Same as when all acted in good
faith under Article 453
CIVIL LAW REVIEWER Chapter III. ACCESSION

Bad faith Good faith Good faith

Acquire improvement after
paying indemnity and damages
to BPS unless latter decides to
remove
Subsidiarily liable to OM for
value of materials
Bad faith
Acquire improvements after
indemnity; subsidiarily liable to
OM for value of materials
Has option to:
a. Sell the land to BP except if
the value of the land is
considerably more
b. Rent to sower
Good faith
May remove improvements
Be indemnified for damages in
any event
Bad faith
Right of retention until
necessary expenses are paid
Pay value of materials to OM
and pay him damages
Bad faith
Remove materials if possible
w/o injury
Collect value of materials from
BPS; subsidiarily from
landowner
Good faith
Collect value of materials
primarily from BPS and
subsidiarily from landowner
Collect damages from BPS
If BPS acquires improvements,
remove materials in any event
150
Good faith

Acquire imrovement after
paying indemnity; subsidiarily
liable to OM
Landowner has option to:
a. Sell land to BP except if
value of land is
considerably more
b. Rent to sower
Bad faith
Acquire improvements and pay
indemnity and damages to BPS
unless latter decides to remove
materials
Right of retention until
necessary expenses are paid
Pay value of materials to OM
Pay damages to OM
Good faith
Receive indemnity for damages
Absolute right of removal of
improvements in any event
PROPERTY
Collect value of materials
primarily from BPS and
subsidiarily from landowner
Collect damages from BPS
If BPS acquires improvements,
absolute right of removal in any
event
Bad faith
No right to indemnity
Loses right to mnaterial

2. Accession Continua Natural: Land o Compensate for the subjection

deposits, etc.
a. ALLUVIUM: Soil is gradually deposited
on banks adjoining the river
REQUISITES
o Deposit of soil or sediment is
gradual and imperceptible
o As a result of the action of the
currents of the waters of the
river
o Land where the accretion takes
place is adhacent to the banks
of the rivers
o Deemed to Exist: When the
deposit of the sediment has
reached a level higher than the
highest level of the water during
the year
EFFECT
o Land automatically owned by
the riparian owner
o BUT does not automatically
become registered property
RATIONALE
o To offset the owners loss from
possible erosion due to the
current of the river
of the land to encumbrances
and legal easements
b. AVULSION: A portion of land is
segregated from one estate by the
forceful current of a river, creek or
torrent and transferred to another
REQUISITES
o Segregation and transfer of land
is sudden and abrupt
o Caused by the current of the
water
o Portion of land transported must
be known and identifiable
OR
o Can also apply to sudden
transfer by other forces of
nature such as land transferred
from a mountain slope because
of an earthquake
RESULT: The ownership of the
detached property is retained by the
owner subject to removal within 2
years from the detachment
CIVIL LAW REVIEWER Chapter III. ACCESSION

c. CHANGE OF COURSE OF RIVER

REQUISITES
o Change in the natural course of
the waters of the river
o Such change causes the
abandonment of the river beds
Natural Bed: ground
covered by its waters
during ordinary floods
o Such change is sudden or
abrupt
RESULTS:
o Owners whose lands are
occupied by the new course
automatically become owners of 151
the old bed, in proportion to the

PROPERTY
area they lost
o Owners of the lands adjoining
the old bed are given the right to
acquire the same by paying the
value of the land
Not exceeding the value
of the land invaded by
the new bed (the old
property of the owner)
o The new bed opened by the
river on a private estate shall
become of public dominion

d. FORMATION OF ISLANDS
Belong to the State if:
o Formed on the SEAS within the
jurisdiction of the Philippines
o Formed on LAKES
o Formed on NAVIGABLE or
FLOATABLE RIVERS
Capable of affording a
channel or passage for
ships and vessels
Must be sufficient not only
to float bancas and light
boats, but also bigger
watercraft
Deep enough to allow
unobstructed movements of
ships and vessels
TEST: can be used as a
highway of commerce, trade
and travel
Belong to the Owners of the nearest
margins or banks if
o Formed through successive
accumulation of alluvial deposits
o On NON-NAVIGABLE and
NON-FLOATABLE RIVERS
If island is in the middle:
divided longitudinally in half.
CIVIL LAW REVIEWER
Chapter IV. Quieting of Title
I. IN GENERAL
II. PURPOSE
III. NATURE
IV. REQUISITES
A. THERE IS A CLOUD ON TITLE TO REAL
PROPERTY
B. THE PLAINTIFF MUST HAVE LEGAL OR
EQUITABLE TITLE TO OR INTEREST IN
THE PROPERTY
C. PLAINTIFF MUST RETURN THE
BENEFITS RECEIVED FROM THE
DEFENDANT
V. PRESCRIPTION
Article 476, Civil Code. Whenever there is a cloud
on title to real property or any interest therein, by
reason of any instrument, record, claim,
encumbrance or proceeding which is apparently
valid or effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and may be
prejudicial to said title, an action may be brought to
remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud
from being cast upon title to real property or any
interest therein.
Article 478, Civil Code. There may also be an
action to quiet title or remove a cloud therefrom
when the contract, instrument or other obligation has
been extinguished or has terminated, or has been
barred by extinctive prescription.
I. In General
1. Applicable to real property
2. Basis: Equity comes to the aid of the plaintiff
who would suffer if the instrument (which
appear to be valid but is in reality void,
ineffective, voidable or unenforceable) was
to be enforced.
II. Purpose
1. To declare:
a. The invalidity of a claim on a title
b. The invalidity of an interest in property
2. To free the plaintiff and all those claiming
under him any hostile claim on the property.
III. Nature: Quasi in Rem
1. A suit against a particular person or persons
in respect to the res and the judgment will
apply only to the property in dispute.
2. The action to quiet title are characterized as
proceedings quasi in rem. Technically, they
are neither in rem nor in personam. In an
action quasi in rem, an individual is named
Chapter IV. QUIETING OF TITLE
as defendant. However, unlike suits in rem,
a quasi in rem judgment is conclusive only
between the parties. (Spouses Portic v.
Cristobal)
Justifications for quieting of title
1. To prevent future or further litigation on the
ownership of the property
2. To protect the true title and possession
3. To protect the real interest of both parties
4. To determine and make known the precise
state of the title for the guidance of all
The action to quiet title does not apply
1. To questions involving interpretation of
documents 152
2. To mere written or oral assertions of claims
PROPERTY
a. Unless made in a legal proceeding
b. Or asserting that an 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
5. To instruments invalid on their face
6. Where the validity of the instrument involves
a pure question of law
IV. Requisites
REQUISITES OF AN ACTION TO QUIET
TITLE
1. There is a CLOUD on title to real property or
any interest to real property.
2. The plaintiff must have legal or equitable title
to, or interest in the real property.
3. Plaintiff must return the benefits received
from the defendant.
A. There is a CLOUD on title to real property
or any interest to real property
1. Cloud on title means 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.
2. A cloud exists if:
a. There is a claim emerging by reason of:
Any instrument e.g. a contract, or
any deed of conveyance, mortgage,
assignment, waiver, etc. covering the
property concerned
Any record, claim, encumbrance
e.g. an attachment, lien, inscription,
adverse claim, lis pendens, on a title
Any proceeding e.g. an extrajudicial
partition of property
CIVIL LAW REVIEWER
b. The claim should appear valid or
effective and extraneous evidence is
needed to prove their validity or
invalidity.
Test: Would the owner of the property
in an action for ejectment brought by
the adverse party be required to offer
evidence to defeat a recovery?
As a general rule, a cloud is not
created by mere verbal or parole
assertion of ownership or an interest
in property.
c. Such instrument, etc. is, in truth and in
fact, invalid, ineffective, voidable, or
unenforceable, or has been
extinguished or terminated, or has been
barred by extinctive prescription.
d. Such instrument, etc. may be prejudicial
to the true owner or possessor.
B. The plaintiff must have legal or equitable
title to, or interest in the real property
Article 477, Civil Code. The plaintiff must have
legal or equitable title to, or interest in the real
property which is the subject matter of the action. He
need not be in possession of said property.
1. Legal title: the party is the registered owner
of the property.
2. Equitable title: the person has the
beneficial ownership of the property.
C. Plaintiff must return the benefits received
from the defendant
Article 479, Civil Code. The 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 the plaintiffs benefit.
NOTE: REQUISITES OF AN ACTION TO
PREVENT A CLOUD
1. Plaintiff has a title to a real property or
interest therein
2. Defendant is bent on creating a cloud on the
title or interest therein. The danger must not
be merely speculative or imaginary but
imminent.
3. Unless the defendant is restrained or
stopped, the title or interest of the plaintiff
will be prejudiced or adversely affected.
V. Prescription of Action
1. When plaintiff is in possession of the
property the action to quiet title does not
prescribe.
a. The reason is that the owner of the
property or right may wait until his
possession is disturbed or his title is
Chapter IV. QUIETING OF TITLE
assailed before taking steps to vindicate
his right.
b. An action to quiet title to property in
ones possession is imprescriptible.
The rationale for this rule has been
aptly stated thus: The owner of real
property who is in possession thereof
may wait until his possession is invaded
or his title is attacked before taking
steps to vindicate his right. A person
claiming title to real property, but not in
possession thereof, must act
affirmatively and within the time
provided by the statute. Possession is a
continuing right as is the right to defend
such possession. So it has been 153
determined that an owner of real
PROPERTY
property in possession has a continuing
right to invoke a court of equity to
remove a cloud that is a continuing
menace to his title. Such a menace is
compared to a continuing nuisance or
trespass which is treated as successive
nuisances or trespasses, not barred by
statute until continued without
interruption for a length of time sufficient
to affect a change of title as a matter of
law." (Pingol v. CA)
2. When the plaintiff is not in possession of
the property, the action to quiet title may
prescribe.
a. 10 yrs. ordinary prescription
b. 30 yrs. extraordinary prescription
Article 480, Civil Code. The principles of the
general law on the quieting of title are hereby
adopted insofar as they are not in conflict with this
Code.
Article 481, Civil Code. The procedure for the
quieting of title or the removal of a cloud therefrom
shall be governed by such rules of court as the
Supreme Court shall promulgate.
CIVIL LAW REVIEWER
Chapter V. Co-Ownership
I. DEFINITION
II. CHARACTERTISTICS
A. THERE IS A PLURALITY OF OWNERS
BUT ONLY ONE REAL RIGHT OR
OBJECT OF OWNERSHIP.
B. THE RECOGNITION OF IDEAL SHARES
OR ALIQUOT DEFINED BUT NOT
PHYSICALLY IDENTIFIED
C. EACH CO-OWNER HAS ABSOLUTE
CONTROL OVER HIS IDEAL SHARE
D. MUTUAL RESPECT AMONG CO-OWNERS
IN REGARD TO USE, ENJOYMENT AND
PRESERVATION OF THE THINGS AS A
WHOLE.
III. DIFFERENCE BETWEEN CO-OWNERSHIP
AND JOINT TENANCY
IV. DIFFERENCE BETWEEN CO-OWNERSHIP
AND PARTNERSHIP
V. SOURCES OF CO-OWNERSHIP
A. LAW
1. COHABITATION
2. PURCHASE
3. INTESTATE SUCCESSION
4. DONATION
5. CHANCECOMMIXTION IN GOOD
FAITH
6. HIDDEN TREASURES
7. EASEMENT OF PARTY WALL
8. OCCUPATIONHARVESTING AND
FISHING
9. CONDOMINIUM LAW
B. CONTRACTS
1. BY AGREEMENT OF 2 OR MORE
PERSONS
2. BY UNIVERSAL PARTNERSHIP
3. BY ASSOCIATION AND SOCIETIES
WITH SECRET ARTICLES
VI. RIGHTS OF EACH CO-OWNER OVER THE
THING OR PROPERTY OWNED IN COMMON
A. TO USE THE THING ACCORDING TO THE
PURPOSE INTENDED
B. TO SHARE IN THE BENEFITS IN
PROPORTION TO HIS INTEREST,
PROVIDED THE CHARGES ARE BORNE
BY EACH IN THE SAME PROPORTION
C. TO BRING AN ACTION IN EJECTMENT
D. TO COMPEL THE OTHER CO-OWNERS
TO CONTRIBUTE TO THE EXPENSES
FOR THE PRESERVATION OF THE
PROPERTY OWNED IN COMMON AND TO
THE PAYMENT OF TAXES
E. TO OPPOSE ANY ACT OF ALTERATION
F. TO PROTEST AGAINST ACTS OF
MAJORITY WHICH ARE SERIOUSLY
PREJUDICIAL TO THE MINORITY
G. TO EXERCISE LEGAL REDEMPTION
H. TO ASK FOR PARTITION
VII. IMPLICATIONS OF CO-OWNERS RIGHT
OVER HIS IDEAL SHARE
A. RIGHTS OF A CO-OWNER
B. EFFECT OF TRANSACTION BY EACH CO-
OWNER
VIII. RULES ON CO-OWNERSHIP NOT
Chapter V. CO-OWNERSHIP
APPLICABLE TO CPG OR ACP
IX. SPECIAL RULES ON OWNERSHIP OF
DIFFERENT STORIES OF A HOUSE AS
DIFFERENTIATED FROM THE PROVISIONS
OF THE CONDOMINIUM ACT
X. EXTINGUISHMENT OF CO-OWNERSHIP
A. TOTAL DESTRUCTION OF THE THING OR
LOSS OF THE PROPERTY CO-OWNED
B. MERGER OF ALL INTERESTS IN ONE
PERSON
C. ACQUISITIVE PRESCRIPTION
D. PARTITION OR DIVISION
I. Definition
Article 484, Civil Code. There is co-ownership
whenever the ownership of an undivided thing or 154
right belongs to different persons.
PROPERTY
In default of contracts, or of special provisions, co-
ownership shall be governed by the provisions of
this Title.
II. Characteristics
A. There is a plurality of owners but only
one real right or object of ownership
1. There are at least 2 persons
2. There is unity or material indivision of a
single object.
B. There are ideal shares defined but not
physically identified
Article 485, Civil Code. The share of the co-
owners, in the benefits as well as in the charges,
shall be proportional to their respective interests.
Any stipulation in a contract to the contrary shall be
void.
The portions belonging to the co-owners in the co-
ownership shall be presumed equal, unless the
contrary is proved.
C. Each co-owner has absolute control over
his ideal share
Every co-owner has absolute ownership
of his undivided interest in the co-owned
property and is free to alienate, assign
or mortgage his interest except as to
purely personal rights. While a co-
owner has the right to freely sell and
dispose of his undivided interest,
nevertheless, as a co-owner, he cannot
alienate the shares of his other co-
owners nemo dat qui non habet.
(Acabal v. Acabal)
CIVIL LAW REVIEWER Chapter V. CO-OWNERSHIP

D. Mutual respect among co-owners in prescription

regard to use, enjoyment and
preservation of the things as a whole IV. Difference between Co-ownership
1. The property or thing held pro-indiviso is and Partnership
impressed with a fiduciary character:
Co-ownership Partnership
each co-owner becomes a trustee for
Creation
the benefit of his co-owners and he may
By law, fortuitous event,
not do any act prejudicial to the interest occupancy, succession
of his co-owners. Only by contract
or contract (no formalities
2. Until a judicial division is made, the of a contract necessary)
respective part of each holder cannot be Legal personality
determined. The effects of this would be: Partnership has a distinct
Co-ownership has no
a. Each co-owner exercises together legal personality
personality from the
with the others joint ownership partners
over the pro indiviso property, in Purpose
addition to his use and enjoyment of Collective enjoyment of Profit or advancement of 155
the same the property pecuniary interest

PROPERTY
Disposal of share
b. Each co-owner may enjoy the whole
A partner may not
property and use it.
Each co-owner may dispose of his
Only limitation: a co-owner cannot use dispose of his undivided share/interest or transfer
or enjoy the property in a manner that share without the consent
rd
the same to a 3 person
shall injure the interest of his other co- of others without the consent of
owners. (Pardell v. Bartolome) others
Mutual representation
III. Difference between Co-ownership No mutual representation Generally, a partner
(except if there is a binds other partners
and Joint Tenancy special authority for such (there is mutual
representation) representation)
Co-Ownership Joint Tenancy Effect of legal disability/ incapacity/ death
Origin Does not dissolve the co-
Dissolves partnership
Civil Law Common Law ownership
Other names Profit distribution
Tenancy in Common, Must be proportional to
Joint ownership, Depends upon the
ownership in common, the interest of each co-
all for one, one for all stipulation in their
Co-dominium owner (not subject to
contract
Extent of ownership stipulation)
Every joint tenant owns Duration
Each co-owner owns General rule: an
the whole property
undivided thing + own agreement to keep the
because their rights are No term limit set by law
ideal part/share of each ownership for more than
inseparable
Right to dispose of share 10 years is void
A joint tenant may not Attachment
dispose of his Creditors of a partner
Each co-owner may Creditors of a co-owner cannot attach and sell on
share/interest without the
dispose of his undivided can attach on the shares execution the shares of
consent of others
share without the consent of others other partners in the
(rationale: he may
of others. partnership
prejudice the others by
alienating his share)
Effect of death V. Sources of Co-Ownership
The ownership of a joint
tenant dies with him, and A. Law
his surviving joint tenants 1. Cohabitation: co-ownership between
The share of a co-owner
are subrogated to his common law spouses
descends to his heirs
rights by virtue of jus The Family Code, in the following
accrescendi provisions, made the rules on co-
(survivorship) ownership apply
Effect of legal disability/incapacity Article 147: between a man and a
Defense of one can be
Defense against woman capacitated to marry each
used by all, as
prescription is exclusive
disability/incapacity
other
to the co-owner with
inures to the benefit of
disability/incapacity
the others for purposes of
CIVIL LAW REVIEWER
Article 148: between a man and a
woman not capacitated to marry each
other
Article 90: if matter is not provided in
the FC Chapter on ACP, then rules on
co-ownership will apply
2. Purchase creating implied trust: co-
ownership between persons who agree to
purchase property
Article 1452, Civil Code. If two or more
persons agree to purchase property and
by common consent the legal title is
taken in the name of one of them for the
benefit of all, a trust is created by force
of law in favor of the others in proportion
to the interest of each.
3. Intestate succession: co-ownership
between the heirs before partition of the
estate
a. Article 1078, Civil Code. Where there
are two or more heirs, the whole estate
of the decedent is, before its partition,
owned in common by such heirs, subject
to the payment of debts of the
deceased.
b. Intestate Succession (without will)
c. For as long as the estate is left
undivided the heirs will be considered
co-owners of the inheritance. If one of
the heirs dies, his heirs will in turn be co-
owners of the surviving original heirs.
4. Donation: Co-ownership between donees
Article 753, Civil Code. When a
donation is made to several persons
jointly, it is understood to be in equal
shares, and there shall be no right of
accretion among them, unless the donor
has otherwise provided.
5. Chance/Commixtion in Good Faith: Co-
ownership between owners of 2 things that
are mixed by chance or by will of the owners
Article 472, Civil Code. If by the will of
their owners two things of the same or
different kinds are mixed, or if the
mixture occurs by chance, and in the
latter case the things are not separable
without injury, each owner shall acquire
a right proportional to the part belonging
to him, bearing in mind the value of the
things mixed or confused.
6. Hidden Treasure co-ownership between
finder and owner of the land
Article 438, Civil Code. Hidden
treasure belongs to the owner of the
land, building, or other property on
which it is found.
Chapter V. CO-OWNERSHIP
Nevertheless, when the discovery is
made on the property of another, or
of the State or any of its
subdivisions, and by chance, one-half
thereof shall be allowed to the finder. If
the finder is a trespasser, he shall not be
entitled to any share of the treasure.
If the things found be of interest to
science or the arts, the State may
acquire them at their just price, which
shall be divided in conformity with the
rule stated.
7. Easement of Party Wall co-ownership
of part-owners of a party wall 156
Article 658, Civil Code. The easement
PROPERTY
of party wall shall be governed by the
provisions of this Title, by the local
ordinances and customs insofar as they
do not conflict with the same, and by the
rules of co-ownership.
8. Occupation: Harvesting and Fishing: co-
ownership by two or more persons who
have seized a res nullius thing
9. Condominium Law: co-ownership of the
common areas by holders of units
Sec. 6, RA 4726. The Condominium
Act. Unless otherwise expressly
provided in the enabling or master deed
or the declaration of restrictions, the
incidents of a condominium grant are as
follows:
(c) Unless otherwise, provided,
the common areas are held in
common by the holders of units,
in equal shares, one for each
unit.
B. Contracts
1. By Agreement of Two or More Persons
a. Article 494, Civil Code. No co-owner
shall be obliged to remain in the co-
ownership. Each co-owner may demand
at any time the partition of the thing
owned in common, insofar as his share
is concerned.
Nevertheless, an agreement to keep the
thing undivided for a certain period of
time, not exceeding ten years, shall be
valid. This term may be extended by a
new agreement.
CIVIL LAW REVIEWER
A donor or testator may prohibit partition
for a period which shall not exceed
twenty years.
Neither shall there be any partition when
it is prohibited by law.
No prescription shall run in favor of a co-
owner or co-heir against his co-owners
or co-heirs so long as he expressly or
impliedly recognizes the co-ownership.
b. Two or more persons may agree to
create a co-ownership
c. Note: there is a 10-year term limit for
ownership by agreement; BUT: Term
may be extended by a new agreement
2. By the creation of a Universal
Partnership
a. Of all present property
Article 1778, Civil Code. A intended (Jus Utendi)
partnership of all present property is
that in which the partners contribute all
the property which actually belongs to
them to a common fund, with the
intention of dividing the same among
themselves, as well as all the profits
which they may acquire therewith.
Article 1779, Civil Code. In a
universal partnership of all present
property, the property which belonged
to each of the partners at the time of
the constitution of the partnership,
becomes the common property of all
the partners, as well as all the profits
which they may acquire therewith.
A stipulation for the common
enjoyment of any other profits may
also be made; but the property which
the partners may acquire
subsequently by inheritance, legacy,
or donation cannot be included in such
stipulation, except the fruits thereof.
b. Of profits
Article 1780, Civil Code. A universal
partnership of profits comprises all that
the partners may acquire by their
industry or work during the existence of
the partnership.
Movable or immovable property which
each of the partners may possess at the
time of the celebration of the contract
shall continue to pertain exclusively to
Chapter V. CO-OWNERSHIP
each, only the usufruct passing to the
partnership.
3. By Associations and Societies with
Secret Articles
Article 1775, Civil Code. Associations
and societies, whose articles are kept
secret among the members, and
wherein any one of the members may
contract in his own name with third
persons, shall have no juridical
personality, and shall be governed by
the provisions relating to co-ownership.
VI. Rights of Each Co-owner over the 157
Thing or Property Owned in Common
PROPERTY
Rights of Each Co-owner over the Thing or
Property Owned in Common
1. To use the thing according to the purpose
2. To share in the benefits in proportion to his
interest provided the charges are borne by
each in the same proportion
3. To bring an action in ejectment
4. To compel the other co-owners to contribute
to expense for preservation of the property
owned in common and to the payment of
taxes
5. To oppose any act of Alteration
6. To protest against acts of majority which are
seriously prejudicial to the minority
7. To exercise legal redemption
8. To ask for partition
Right use the thing according to the purpose
intended (Jus Utendi)
Article 486, Civil Code. Each co-owner may use
the thing owned in common, provided he does so in
accordance with the purpose for which it is intended
and in such a way as not to injure the interest of the
co-ownership or prevent the other co-owners from
using it according to their rights. The purpose of the
co-ownership may be changed by agreement,
express or implied.
1. Limitations on co-owners right:
a. Use must be to the purpose for which it
is intended.
As stipulated in the agreement
In the absence of agreement, the
purpose for which it was ordinarily
adapted according to its nature.
In the absence of the above, the use
for which it was previously or formerly
devoted.
b. Use must be without prejudice to the
interest of the co-ownership.
CIVIL LAW REVIEWER
c. Use must not prevent the other co-
owners from making use of the property
according to their own rights.
2. Changing the purpose of the thing
The purpose of the thing may be changed
by an agreement, express or implied,
provided that the following will be observed:
It does not cause injury or prejudice to
the interest of the co-ownership
Any act against the collective interest
is an act against ownership.
A co-owner cannot devote the
community property to his exclusive
use
It does not prevent the use by other
co-owners
Right to share in the benefits in proportion to
his interest provided the charges are borne
by each in the same proportion
Article 485, Civil Code. The share of the co-
owners, in the benefits as well as in the charges,
shall be proportional to their respective interests.
Any stipulation in a contract to the contrary shall be
void.
The portions belonging to the co-owners in the co-
ownership shall be presumed equal, unless the
contrary is proved.
Right to bring an action in ejectment
Article 487, Civil Code. Any one of the co-owners
may bring an action in ejectment.
1. Action in Ejectment covers all kinds of action
for recovery of possession (reivindicatoria,
publiciana, forcible entry, unlawful detainer)
2. There is no need to include all the co-
owners as co-plaintiffs because the suit is
deemed to be instituted for the benefit of all
3. But the action will not prosper if the action is
brought for the benefit of the plaintiff alone
and not for the co-ownership
4. Article 487 of the Civil Code, which provides
simply that any one of the co-owners may
bring an action in ejectment, is a categorical
and an unqualified authority in favor of
owner to evict the petitioners from the
portions of lot. The rule is a co-owner may
bring an action to exercise and protect the
rights of all. When the action is brought by
one co-owner for the benefit of all, a
favorable decision will benefit them; but an
adverse decision cannot prejudice their
rights. (Resuena v. CA)
Right to compel the other co-owners to
contribute to expense for preservation of the
Chapter V. CO-OWNERSHIP
property owned in common and to the
payment of taxes
Article 488, Civil Code. Each co-owner shall have a
right to compel the other co-owners to contribute to
the expenses of preservation of the thing or right
owned in common and to the taxes. Any one of the
latter may exempt himself from this obligation by
renouncing so much of his undivided interest as may
be equivalent to his share of the expenses and
taxes. No such waiver shall be made if it is
prejudicial to the co-ownership.
1. This provision includes only necessary
expenses and taxes, and NOT those for
mere luxury, embellishment or pleasure
158
a. Expenses for preservation: those which,
PROPERTY
if not made, would endanger the
existence of the thing or reduce its value
or productivity
b. Not used for the improvement of the
thing (what is intended is the
preservation of the thing, not gaining
profit from it)
2. Renunciation
a. Other co-owners have the option not to
contribute by renouncing so much of his
undivided interest as may be equivalent
to his share of the necessary expenses
and taxes
Must be express; thus, failure to pay
is not a renunciation
Requires the consent of other co-
owners because it is a case of dacion
en pago (cessation of rights) involving
expenses and taxes already paid
(J.B.L. Reyes)
b. A co-owner cannot renounce his share if
it will be prejudicial to another co-owner
3. Procedure: Repairs for preservation
Article 489, Civil Code. Repairs for preservation
may be made at the will of one of the co-owners, but
he must, if practicable, first notify his co-owners of
the necessity for such repairs. Expenses to improve
or embellish the thing shall be decided upon by a
majority as determined in article 492.
a. Notify other co-owners, as far as
practicable
b. However, a co-owner can advance
expenses for preservation of the
property even without prior consent of
others. He is entitled to reimbursement
for the amount spent for necessary
expenses.
CIVIL LAW REVIEWER Chapter V. CO-OWNERSHIP

4. Procedure: Embellishment or 4. Alteration v. Administration

improvements
a. Notify co-owners of improvements and Alteration Administration
embellishments to be made More permanent result Refers to the
If no notification is made, the co-owner and relate to the enjoyment of the thing
who advanced the expenses still has substance or form of and is of transitory
the right to be reimbursed if he proves the thing character
the necessity of such repairs and the Nature: if the thing
reasonableness of the expense does not require any When the thing in its
EXCEPTION: If the others can prove modification for its nature requires
that had he notified them, they could enjoyment, any changes, modifications
have hired the services of another modification that is can be considered as
who would charge less than the made will be acts of simple
people with whom the one who considered an administration
advanced contracted or that they alteration
know of a store that sells the needed 159
Consent: Unanimous Consent: mere majority
material at a cheaper price

o Co-owner only entitled to be
reimbursed for the amount that
should have been spent had he
notified the others, and
difference shall be borne by him
alone
b. Decision by majority must be followed
Right to oppose any act of Alteration
Article 491, Civil Code. None of the co-owners
shall, without the consent of the others, make
alterations in the thing owned in common, even
though benefits for all would result therefrom.
However, if the withholding of the consent by one or
more of the co-owners is clearly prejudicial to the
common interest, the courts may afford adequate
relief.
1. Alteration: a change which more or less
permanently changes the use of a thing and
adversely affecting the condition of the thing
or its enjoyment by the others.
2. It involves:
a. Change of the thing from the state or
essence in which the others believe it
should remain, or
b. Withdrawal of the thing from the use to
which they wish to be intended, or
c. Any other transformation which
prejudices the condition or substance of
the thing or its enjoyment by the others
3. Rule: Any act of alteration requires
UNANIMOUS CONSENT OF ALL CO-
WORKERS
a. BUT when there is unreasonable
withholding of consent: the co-owner
may go to court to seek adequate relief.
b. Note: consent may be express or tacit
c. Reason for the rule: alteration is an act
of ownership, not of mere
administration.
PROPERTY
consent of all is sufficient
a. Alteration without consent of all is illegal
The one who did the alteration will
lose whatever he spent in case he is
made to demolish the work he has
done (no right to reimbursement)
Damages to the non-consenting co-
owner can also be granted by the
court
b. Note: This is subject to ratification if
co-owners decide to contribute to the
expenses by reimbursing the co-owner
who made the alteration (effect: benefit
of alteration will inure to the co-
ownership)
Right to protest against acts of majority
which are seriously prejudicial to the
minority
Article 492(3), Civil Code. Should there be no
majority, or should the resolution of the majority be
seriously prejudicial to those interested in the
property owned in common, the court, at the
instance of an interested party, shall order such
measures as it may deem proper, including the
appointment of an administrator.
1. Acts of administration
a. Acts of management that do not involve
alteration of the property
b. Acts which are temporary in character
so much so that they do not bind the
property for a long time
c. Acts that do not create real rights over
the common property
2. Rule:
If there is a disagreement or conflict of
opinions by and among the co-owners
on the matter of administration and
better enjoyment of the common
property, the resolution of the co-owners
CIVIL LAW REVIEWER
representing the controlling interest (not
majority in number) shall be binding
upon all co-owners.
3. Who can be the administrator?
He or she may or may not be a co-
owner, PROVIDED that the co-owners
delegated him or her.
4. What can an administrator do?
a. PROVIDED there is a unanimous
consent of all co-owners, an
administrator may compromise on,
donate, cede, alienate, mortgage, or
encumber the common property
b. If the amount of individual contribution is
undetermined, the law presumes that
they all contributed proportionately
(Lavadia v. Cosme)
Right to exercise legal redemption
Article 1620, Civil Code. A co-owner of a thing may
exercise the right of redemption in case the shares
of all the other co-owners or of any of them, are sold
to a third person. If the price of the alienation is
grossly excessive, the redemptioner shall pay only a
reasonable one.
Should two or more co-owners desire to exercise the
right of redemption, they may only do so in
proportion to the share they may respectively have
in the thing owned in common.
Article 1623, Civil Code. The right of legal pre-
emption or redemption shall not be exercised except
within thirty days from the notice in writing by the
prospective vendor, or by the vendor, as the case
may be. The deed of sale shall not be recorded in
the Registry of Property, unless accompanied by an
affidavit of the vendor that he has given written
notice thereof to all possible redemptioners.
The right of redemption of co-owners excludes that
of adjoining owners.
1. Redemption: Act of reclaiming possession
of something by payment of a specific price
2. The 30-day redemption period starts from
the date of written notification of the sale
made by the co-owner.
Without such written notice, the 30-day
period does not start to run
3. Exceptions:
a. Estoppel by laches (inaction)
If there is oral notification and
several years have passed (implied
waiver) and there is reliance on the
non-action of co-owners
b. Estoppel by silence
When there is duty to speak
4. Note: The written notification must come
from the prospective vendor
Chapter V. CO-OWNERSHIP
a. The vendor is in a better position to
know things involving the property and
the sale
b. Redemption of the property by a co-
owner does not vest him sole
ownership over said property.
Redemption will inure to the benefit of all
co-owners. Redemption is not a mode of
termination of relationship. (Mariano v.
CA)
5. Other cases where right of redemption is
given
a. Rural land
Article 1621, Civil Code. The
owners of adjoining lands shall also 160
have the right of redemption when a
PROPERTY
piece of rural land, the area of which
does not exceed one hectare, is
alienated, unless the grantee does
not own any rural land.
This right is not applicable to
adjacent lands which are separated
by brooks, drains, ravines, roads
and other apparent servitudes for
the benefit of other estates.
If two or more adjoining owners
desire to exercise the right of
redemption at the same time, the
owner of the adjoining land of
smaller area shall be preferred; and
should both lands have the same
area, the one who first requested
the redemption.
b. Urban land
Article 1622, Civil Code. Whenever a
piece of urban land which is so small
and so situated that a major portion
thereof cannot be used for any
practical purpose within a reasonable
time, having been bought merely for
speculation, is about to be re-sold, the
owner of any adjoining land has a right
of pre-emption at a reasonable price.
If the re-sale has been perfected, the
owner of the adjoining land shall have
a right of redemption, also at a
reasonable price.
When two or more owners of adjoining
lands wish to exercise the right of pre-
emption or redemption, the owner
whose intended use of the land in
question appears best justified shall
be preferred.
CIVIL LAW REVIEWER
Right to ask for partition
Article 494, Civil Code. No co-owner shall be
obliged to remain in the co-ownership. Each co-
owner may demand at any time the partition of the
thing owned in common, insofar as his share is
concerned.
Nevertheless, an agreement to keep the thing
undivided for a certain period of time, not exceeding
ten years, shall be valid. This term may be extended
by a new agreement.
A donor or testator may prohibit partition for a period
which shall not exceed twenty years.
Neither shall there be any partition when it is
prohibited by law.
No prescription shall run in favor of a co-owner or
co-heir against his co-owners or co-heirs so long as
he expressly or impliedly recognizes the co-
ownership.
1. Partition: segregation or division of a
property in common to those to whom it
belongs
2. Rule: Right to demand partition does not
prescribe
3. Exceptions to the rule:
a. When indivision within 10 years is
stipulated by the co-owners
b. When co-ownership is imposed as a
condition in a donation or in a last will
and testament by the
transferor/donor/testator
c. When from the nature of the property in
common, it cannot be divided (i.e. party
wall)
d. When partition is generally prohibited by
law (i.e. ACP, party wall)
e. When the partition would render the
thing unserviceable or the thing held in
common is essentially indivisible
If the thing cannot be physically
partitioned, they may sell the thing
and the co-owners may divide the
proceeds)
f. When acquisitive prescription has set in
favor of a stranger to con-ownership or
in favor of a co-owner
VII. Implication of Co-owners Right over
His Ideal Share
A. Rights of a Co-owner
1. To share in fruits and benefits
2. To alienate, mortgage, or encumber and
dispose his ideal share (but other co-owners
may exercise right of legal redemption within
Chapter V. CO-OWNERSHIP
30 days from notification of prospective co-
owner vendor)
3. To substitute another person in the
enjoyment of thing
4. To renounce part of his interest to reimburse
necessary expenses incurred by another co-
owner (Article 488)
Article 488, Civil Code. Each co-owner shall have a
right to compel the other co-owners to contribute to
the expenses of preservation of the thing or right
owned in common and to the taxes. Any one of the
latter may exempt himself from this obligation by
renouncing so much of his undivided interest as may
be equivalent to his share of the expenses and
taxes. No such waiver shall be made if it is 161
prejudicial to the co-ownership.
PROPERTY
B. Effect of Transaction by Each Owner
1. Limited to his share in the partition
2. Transferee does not acquire any specific
portion of the whole property until partition
3. Creditors of co-owners may intervene in the
partition to attack the same if it is prejudicial
(Art. 499)
Article 499, Civil Code. The partition of a thing
owned in common shall not prejudice third persons,
who shall retain the rights of mortgage, servitude or
any other real rights belonging to them before the
division was made. Personal rights pertaining to
third persons against the co-ownership shall also
remain in force, notwithstanding the partition.
Note: Creditors cannot ask for rescission even if
not notified in the absence of fraud (Art. 497,
Civil Code)
Article 497, Civil Code. The creditors or assignees
of the co-owners may take part in the division of the
thing owned in common and object to its being
effected without their concurrence. But they cannot
impugn any partition already executed, unless there
has been fraud, or in case it was made
notwithstanding a formal opposition presented to
prevent it, without prejudice to the right of the debtor
or assignor to maintain its validity.
VIII. Rules on Co-Ownership Not
Applicable to CPG or ACP
These two regimes are governed by the
provisions on the Family Code
Even void marriages and cohabitation of
incapacitated persons are governed by
Article 50, 147, and 148 of the Family Code
CIVIL LAW REVIEWER
IX. Special Rules on Ownership of
Different Stories of a House as
Differentiated from Provisions of the
Condominium Act
RA 4726. THE CONDOMINIUM ACT
Sec. 2. A Condominium is an interest in real
property consisting of a separate interests in a unit
in a residential, industrial or commercial building or
in an industrial estate and an undivided interests in
common, directly and indirectly, in the land, or the
appurtenant interest of their respective units in the
common areas.
The real right in condominium may be ownership or
any interest in real property recognized by law on
property in the Civil Code and other pertinent laws.
Sec. 3. As used in this Act, unless the context
otherwise requires:
b. Unit" means a part of the condominium
project intended for any type of independent
use or ownership, including one or more
rooms or spaces located in one or more
floors (or parts of floors) in a building or
buildings and such accessories as may be
appended thereto: Provided, that in the case
of an industrial estate wherein the
condominium project consists of several
buildings, plants and factories may, by
themselves, be considered separately as
individual units as herein defined.
c. "Project" means the entire parcel of real
property divided or to be divided in
condominiums, including all structures
thereon.
d. "Industrial Estate or Estate" means a certain
tract of land which is subdivided and
developed primarily for industrial purposes
and which usually includes provisions for
basic infrastructure facilities and common
services such as roads, water, electricity,
drainage and waste disposal system.
e. "Common areas" means the entire project
except all units separately granted or held or
reserved.
f. "To divide" real property means to divide the
ownership thereof or other interests therein
by conveying one or more condominium
therein but less than the whole thereof.
Sec. 4. The provisions of this Act shall apply to
property divided or to be divided into condominium
only if there shall be recorded in the Register of
Deeds of the province or city in which the property
lies, and duly annotated in the corresponding
certificate of title of the land, if the latter had been
patented or registered under either the Land
Registration or Cadastral Acts, an enabling or
Chapter V. CO-OWNERSHIP
master deed which shall contain, among others, the
following:
a. Description of the land on which the building
or buildings and improvements are to be
located;
b. Description of the building or buildings,
stating the number of storeys and basement,
the number of units and their accessories, if
any;
c. Description of the common areas and
facilities;
d. A statement of the exact nature of the
interest acquired or to be acquired by the 162
purchased in the separate units and the
PROPERTY
common areas of the condominium projects.
Where title to or to appurtenant interests in
the common areas is to be held by a
condominium corporation, a statement to
this effect shall be included;
e. A certificate of the registered owner of the
property, if he is other than those executing
the master deed, as well as of all registered
holders of any lien or encumbrances on the
property, that they consent to the
registration of the deed;
f. The following plans shall be appended to the
deed as integral parts thereof:
1. A survey plan of the land included in the
project, unless a survey plan of the same
property had previously been filed in said
office.
2. A diagrammatic floor plan of the building
or buildings each unit, its relative
location and approximate dimensions.
g. Any reasonable restriction not contrary to
law, morals, or public policy regarding the
right of any condominium owner to alienate
or dispose off his condominium.
h. The enabling or master deed may be
amended or revoked upon registration of an
instrument executed by a simple majority of
the registered owners of the property:
Provided, That in a condominium project
exclusively for either residential or
commercial use, simple majority shall be on
a per unit of ownership basis and that in the
case of mixed use, simple majority shall be
on a floor area of ownership basis:
Provided, further, That prior notifications to
all registered owners shall be submitted to
the Housing and Land Use Regulatory
Board and the city/municipal engineer for
approval before it can be registered. Until
registration of a revocation, the provisions of
this Act shall continue to apply to such
CIVIL LAW REVIEWER
property.
Sec. 5. Any transfer or conveyance of a unit or an
apartment, office or store or other space therein,
shall include the transfer or conveyance of the
undivided interest in the common areas or in a
proper case, the membership or share holdings in
the condominium corporation: Provided, however,
That where the common areas in the condominium
project are held by the owners of separate units as
co-owners hereof, no condominium unit therein shall
be conveyed or transferred to persons other than
Filipino citizens or corporation at least 60% of the
capital stock of which belong to Filipino citizens,
except in cases of hereditary succession. Where the
common areas in a condominium project are held by
a corporation, no transfer or conveyance of a unit
shall be valid if the concomitant transfer of the
appurtenant membership or stockholding in the
corporation will cause the alien interest in such
corporation to exceed the limits imposed by existing
laws.
Sec. 6. Unless otherwise expressly provided in the
enabling or master deed or the declaration of
restrictions, the incidents of a condominium grant
are as follows:
a. the boundary of the unit granted are the
interior surfaces of the perimeter walls,
floors, ceiling, windows and doors thereof:
Provided, that in the case of an industrial
estate condominium projects, wherein whole
buildings, plants or factories may be
considered as unit defined under section 3
(b) hereof, the boundary of a unit shall
include the outer surfaces of the perimeter
walls of said buildings, plants or factories.
The following are not part of the unit:
bearing walls, columns, floors, roofs,
foundations, and other common structural
elements of the buildings; lobbies,
stairways, hall ways and other areas of
common use, elevator equipment and
shafts, central heating, central refrigeration
and central air conditioning equipment,
reservoir, tanks, pumps and other central
services and facilities, pipes, ducts, flues,
chutes, conduits wires and other utility
installations, wherever located, except the
outlets thereof when located within the unit.
b. There shall pass with the unit, as an
appurtenant thereof, an exclusive casement
for the use of the air space encompasses by
the boundaries of the unit as it exists at any
particular time and as the unit may lawfully
be altered or reconstructed from time to
time. Such easement shall be automatically
terminated in any air space upon destruction
of the units as to render it untenantable.
c. Unless otherwise provided, the common
areas are held in common by the holders of
units, in equal share one for each unit.
Chapter V. CO-OWNERSHIP
d. A non-exclusive easement for ingress,
egress and support through the common
areas in appurtenant to each unit and the
common areas are subject to such
easement.
e. Each condominium owner shall have the
exclusive right to paint, repaint, tile, wax,
paper or otherwise refinish and decorate the
inner surfaces of the walls, ceilings, floors,
windows and doors hounding his own unit:
provided, that in the case of an industrial
estate condominium unit, such right may be
exercised over the external surfaces of the
said unit.
163
f. Each condominium owner shall have the
PROPERTY
exclusive right to mortgage, pledge or
encumber his condominium and to have the
same appraised independently of the other
condominium owner.
g. Each condominium owner has also the
absolute right to sell or dispose of his
condominium unless the master deed
contains a requirements that the property be
first offered to the condominium owners
within a reasonable period of time before
the same is offered to outside parties;
Sec. 7. Except as provided in the following section,
the common areas shall remain undivided, and there
shall be no judicial partition thereof.
Sec. 8. Where several persons own condominium
in a condominium project, an action may be brought
by one or more such person for partition thereof, by
sale of the entire project, as if the owners of all the
condominium in such project were co-owners of the
entire project in the same proportion as their
interests in the common areas: Provided, however,
that a partition shall be made only upon a showing:
a. That three years after damage or
destruction to the project which renders a
material part thereof unfit for its use prior
thereto, the project had not been rebuilt or
repaired substantially to its state prior to its
damage or destruction; or
b. That damage or destruction to the project
has rendered one half or more of the units
therein untenantable and that condominium
owners holding in aggregate more than 30
percent interest in the common areas are
opposed to the repair or restoration of the
projects; or
c. That project has been in existence in excess
of 50 years, that it is obsolete and
uneconomical, and that condominium
owners holding in aggregate more than 50
percent interest in the common areas are
opposed to repair or restoration or
CIVIL LAW REVIEWER
remodeling or modernizing of the project; or
d. That the project or a material part thereof
has been condemned or expropriated and
that the project is no longer viable, or that
the condominium owners holding in
aggregate more than 70 percent interest in
the common areas are opposed to the
continuation of the condominium regime
after expropriation or condemnation of a
material proportion thereof; or
e. That the condition for such partition by sale
set forth in the declaration of restrictions
duly registered in accordance with the terms
of this Act, have been met.
Sec. 9. The owner of a project shall, prior to the
conveyance of any condominium therein, register a
declaration of restrictions relating to such project,
which restrictions shall constitute a lien upon each
condominium in the project, and shall insure to and
bind all condominium owners in the project. Such
liens, unless otherwise provided, may be enforced
by any condominium owner in the project or by the
management body of such project. The Register of
Deeds shall enter and annotate the declaration of
restrictions upon the certificate of title covering the
land included within the project, if the land is
patented or registered under the Land Registration
or Cadastral Acts.
The declaration of restrictions shall provide for the
management of the project by anyone of the
following management bodies: a condominium
corporation, an association of the condominium
owners, a board of governors elected by
condominium owners, or a management agent
elected by the owners or by the board named in the
declaration. It shall also provide for voting majorities
quorums, notices, meeting date, and other rules
governing such body or bodies.
Such declaration of restrictions, among other things,
may also provide:
a. As to any such management body;
1. For the powers thereof, including power
to enforce the provisions of the
declarations of restrictions;
2. For maintenance of insurance policies,
insuring condominium owners against
loss by fire, casualty, liability,
workmen's compensation and other
insurable risks, and for bonding of the
members of any management body;
3. Provisions for maintenance, utility,
gardening and other services benefiting
the common areas, for the employment
of personnel necessary for the
operation of the building, and legal,
accounting and other professional and
technical services;
4. For purchase of materials, supplies and
the like needed by the common areas;
Chapter V. CO-OWNERSHIP
5. For payment of taxes and special
assessments which would be a lien
upon the entire project or common
areas, and for discharge of any lien or
encumbrance levied against the entire
project or the common areas;
6. For reconstruction of any portion or
portions of any damage to or
destruction of the project;
7. The manner for delegation of its
powers;
8. For entry by its officers and agents into
any unit when necessary in connection
with the maintenance or construction
for which such body is responsible;
9. For a power of attorney to the
management body to sell the entire 164
project for the benefit of all of the
PROPERTY
owners thereof when partition of the
project may be authorized under
Section 8 of this Act, which said power
shall be binding upon all of the
condominium owners regardless of
whether they assume the obligations of
the restrictions or not.
b. The manner and procedure for amending
such restrictions: Provided, That the vote of
not less than a majority in interest of the
owners is obtained.
c. For independent audit of the accounts of
the management body;
d. For reasonable assessments to meet
authorized expenditures, each
condominium unit to be assessed
separately for its share of such expenses in
proportion (unless otherwise provided) to
its owners fractional interest in any
common areas;
e. For the subordination of the liens securing
such assessments to other liens either
generally or specifically described;
f. For conditions, other than those provided
for in Sections eight and thirteen of this Act,
upon which partition of the project and
dissolution of the condominium corporation
may be made. Such right to partition or
dissolution may be conditioned upon failure
of the condominium owners to rebuild
within a certain period or upon specified
inadequacy of insurance proceeds, or upon
specified percentage of damage to the
building, or upon a decision of an arbitrator,
or upon any other reasonable condition.
Sec. 10. Whenever the common areas in a
condominium project are held by a condominium
corporation, such corporation shall constitute the
management body of the project. The corporate
purposes of such a corporation shall be limited to
the holding of the common areas, either in
ownership or any other interest in real property
CIVIL LAW REVIEWER
recognized by law, to the management of the
project, and to such other purposes as may be
necessary, incidental or convenient to the
accomplishment of said purposes. The articles of
incorporation or by-laws of the corporation shall not
contain any provision contrary to or inconsistent with
the provisions of this Act, the enabling or master
deed, or the declaration of restrictions of the project.
Membership in a condominium corporation,
regardless of whether it is a stock or non-stock
corporation, shall not be transferable separately
from the condominium unit of which it is an
appurtenance. When a member or stockholder
ceases to own a unit in the project in which the
condominium corporation owns or holds the
common areas, he shall automatically cease to be a
member or stockholder of the condominium
corporation.
Sec. 11. The registration and regulation of a
condominium corporation shall be vested with the
Housing And Land Use Regulatory Board (HLURB)
and the term of the said corporation shall be
coterminous with the duration of the subdivision
projects, the provision of the corporation law to the
contrary notwithstanding.
Sec. 12. The dissolution of the condominium
corporation in any manner and any of the causes
provided by law shall be governed by the provisions
of the Title XIV of the Corporation Code.
Sec. 13. Until the enabling or the master deed of
the project in which the condominium corporation
owns or holds the common areas is revoked the
corporation shall not be voluntarily dissolved through
an action for dissolution under Rule 104 of the Rules
of Court except upon a showing:
a. The three years after damage or
destruction to the project in which damage
or destruction renders a materials part
thereof unfit for its use prior thereto, the
project has not been rebuilt or repaired
substantially to its state prior to its damage
or destruction; or
b. The damage or destruction to the project
has rendered one half or more of the units
therein untenantable and that more than 30
percent of the member of the corporation
entitled to vote, if a stock corporation, are
opposed to the repair or reconstruction of
the project; or
c. That the project has been in existence
excess of 50 years, that it is obsolete and
uneconomical and that more than 50
percent of the members of the corporation
if non-stock or stockholders representing
more than 50 percent of the capital stock
entitled to vote, if a stock corporation, are
opposed to the repair or restoration or
remodeling or modernizing of the project; or
Chapter V. CO-OWNERSHIP
d. That project or material part thereof has
been condemned or expropriated and that
the project is no longer viable or that the
members holding in aggregate more than
70 percent interest in the corporation if non-
stock, or the stockholders representing
more than 70 percent of the capital stock
entitled to vote, if a stock corporation, are
opposed to the continuation of the
condominium regime after expropriation or
condemnation of a material portion thereof;
or
e. That the conditions for such a dissolution
set forth in the declaration of restrictions of
the project in which the corporation, are
opposed to the continuation of the 165
condominium regime after expropriation or
PROPERTY
condemnation of a material portion thereof.
Sec. 14. The condominium corporation may also be
dissolved by the affirmative vote of all the
stockholders or members thereof at a general or
special meeting duly called for such purpose:
Provided, that all the requirements of Section 62 of
the Corporation Law are complied with.
xxx
Sec. 16. A condominium corporation shall not,
during its existence, sell, exchange, lease or
otherwise dispose of the common areas owned or
held by it in the condominium project unless
authorized by the affirmative vote of a simple
majority of the registered owners: provided, that
prior notification to all registered owners are done
and provided further, that the condominium
corporation may expand or integrate the project with
another upon the affirmative vote of a simple
majority of the registered owners, subject only to the
final approval of the HLURB.
xxx
Sec. 19. Where the enabling or master deed
provides that the land included within a
condominium project are to be owned in common by
the condominium owners therein the Register of
Deeds may at the request of all the condominium
owner and upon surrender of all their condominium
owner's copies, cancel the certificate of title of the
property and issue a new one in the name of said
condominium owners as pro-indiviso co-owners
thereof.
xxx
Sec. 23. Where, in an action for partition of a
condominium corporation on the ground that the
project or a material part thereof has been
condemned or expropriated, the court finds that the
condition provided in this Act or in the declaration
have not been met, the court may decree a
reorganization of the project declaring which portion
or portions of the project shall continue as a
CIVIL LAW REVIEWER Chapter V. CO-OWNERSHIP

condominium project, the owners thereof, and the

respective rights of the remaining owners and the
just compensation, if any, that a condominium owner
may be entitled to due to deprivation of his property.
Upon receipt of a copy of the decree, the Register of
Deeds shall enter and annotate the same on the
pertinent certificate of title.
Sec. 24. Any deed declaration or plan for a
condominium project shall be liberally construed to
facilitate the operation of the project, and its
provisions shall be presumed to be independent and
several.
Sec. 25. The building and design standards for
condominium projects to be promulgated by HLURB
shall provide for, among others, accessibility
features for disabled persons pursuant to Batas
What Does the Housing and Land Use
Regulatory Board Do?
They hear the complaints of buyers.
Important Documents in Condo Ownership
1. Deed of sale
2. Master deed (Sec. 4)
3. Declaration of restrictions (Sec. 9): pertains
to how common areas will be governed and
who will do the governing
a. i.e. how to contribute to common area
expenses: contribution to maintenance,
upkeep, repair of common areas
included
b. there is an Assessment, which is a lien 166
upon the condo unit

PROPERTY
Pambansa Bilang 344 of 1994.

Sec. 26. Whenever real property has been divided X. Extinguishment of Co-Ownership
into condominiums, each condominium separately
owned shall be separately assessed, for purposes of
real property taxation and other tax purposes, to the A. Total destruction of thing or loss of the
owners thereof and tax on each such condominium property co-owned
shall constitute a lien solely thereon.
Is there still co-ownership if a building is
Sec. 27. All acts or parts of Acts in conflict on destroyed?Yes, over the land and the
inconsistent with this Act are hereby amended debris.
insofar as condominium and its incidents are
concerned.
B. Merger of all interests in one person
Concept of Condominium
C. Acquisitive Presciption
It is an interest in real property consisting of a:
By whom
1. SEPARATE INTEREST in a unit in a
1. A third person (Art. 1106)
a. residential, or
2. A co-owner against the other co-owners
b. industrial, or
c. commercial building
Requisites
2. UNDIVIDED INTEREST in common directly
1. Unequivocal acts of repudiation of the rights
or indirectly,
of the other co-owners (you oust the other
a. in the land on which it is located
co-owners)
b. in other common areas of the building
a. Must be shown by clear and convincing
evidence
When Ownership of the Unit is Acquired
b. Must be within the knowledge of the
1. Ownership is acquired only after the buyer
other co-owners
had fully paid the purchase price.
c. Must not be a mere refusal to recognize
2. The ownership of the unit is what makes the
the others as co-owners
buyer a shareholder in the condominium.
2. Open and adverse possession - Not mere
silent possession
Note: The condominium law effectively
separates the building from the land (by a
Note: there is a presumption that
master deed)
possession of a co-owner is NOT adverse
Prescription only arises and produces all
3. Building is deemed an accessory
effects when the acts are clearly meant
to oust the rights of the other co-owners
Amendments
Co-ownership in common areas means shared
D. Partition or Division
expenses in these areas
Effects of Partition
1. Sec 4: simple majority of the property
1. Confers upon each heir the exclusive
2. Sec 16: common areas may be disposed by
ownership of the property adjudicated to him
affirmative vote of a simple majority of the
registered owners
CIVIL LAW REVIEWER Chapter V. CO-OWNERSHIP

2. Co-heirs shall be reciprocally bound to Form: Oral or Written (Statute of Frauds

warrant the title to and the quality of each
property adjudicated
3. Reciprocal obligation of warranty shall be
proportionate to the respective hereditary
shares of co-heirs
4. An action to enforce warranty must be
brought within 10 years from the date the
right accrues
5. The co-heirs shall not be liable for the
subsequent insolvency of the debtor of the
estate
Note: Unless partition is effected, each heir
cannot claim sole ownership over a
definite portion of the land and cannot
dispose of the same. Heirs become the
does not operate here because it is not a
conveyance of property but a mere
segregation or designation of which parts
belong to whom)
Rules of Court does not preclude
agreements or settlements.
Action for Partition:
a. WON the plaintiff is indeed a co-owner
of the property
b. HOW will the property be divided
between the plaintiff and defendant.
Intervention of creditors and assignees:
a. The law does not expressly require that
there should be a previous notice to the
creditors and assignees before a 167
partition can be validly made, but the

undivided owner of the whole estate
each co-owner shall have full ownership
if his part even as to fruits and benefits.
He may alienate, assign or mortgage his
share. The effect of such act shall be
limited to the portion allotted to him
during partition. Until said partition
though, he cannot alienate a specific
part of the estate. A co-owner cannot
adjudicate to himself a definite portion
owned in common until partition by
agreement or by a judicial decree. Until
then, they can only sell their
successional rights. (Carvaria v. CA)
Rights of Creditors of Individual
Owners
PROPERTY
right of creditors and assignees to take
part in the division presupposes the duty
to notify them.
b. If notice is not given, the partition will not
be binding on them.
c. Once notice has been given, it is the
duty of creditors and assignees to
intervene and make known their stand.
i. If they fail to do this, they cannot
question the division made,
except in case of fraud.
ii. If they formulate a formal
question to its being made, they
can contest such partition mad
in spite of their opposition.
Co-

Article 497, Civil Code. The creditors or assignees

of the co-owners may take part in the division of the
thing owned in common and object to its being
effected without their concurrence. But they cannot
impugn any partition already executed, unless there
has been fraud, or in case it was made
notwithstanding a formal opposition presented to
prevent it, without prejudice to the right of the debtor
or assignor to maintain its validity.

Creditors referred to in the provision: All

creditors, whether ordinary or preferred, who
became such during the subsistence of the
co-ownership.
Rule: The creditors are allowed to take part
in the partition.
Reason for the rule: They own part of the
interest of the o-owners who made the
assignment or alienation.

Procedure for Partition

Governing rule: Rule 69 of the Rules of
Court
How: By agreement by parties or by judicial
decree
CIVIL LAW REVIEWER
Chapter VI. Possession
I. DEFINITION AND CONCEPT
II. DEGREES OF POSSESSION
A. MERE HOLDING WITHOUT TITLE
WHATSOEVER, AND IN VIOLATION OF
THE RIGHT OF THE OWNER
B. POSSESSION WITH JURIDICAL TITLE
BUT NOT THAT OF OWNERSHIP
C. POSSESSION WITH JUST TITLE, BUT
NOT FROM THE TRUE OWNER
D. POSSESSION WITH JUST TITLE FROM
THE TRUE OWNER
III. CLASSES OF POSSESSION
A. NATURAL POSSESSION
B. CIVIL POSSESSION
IV. CASES OF POSSESSION
A. POSSESSION IN ONES OWN NAME AND
POSSESSION IN THE NAME
ANOTHER
B. POSSESSION IN THE CONCEPT OF AN
OWNER AND POSSESSION IN THE
CONCEPT OF A HOLDER
C. POSSESSION IN GOOD FAITH AND
POSSESSION IN BAD FAITH
V. WHAT THINGS OR RIGHTS MAY BE
POSSESSED
VI. WHAT MAY NOT BE POSSESSED BY
PRIVATE PERSONS
VII. ACQUISITION OF POSSESSION
A. WAYS OF ACQUIRING POSSESSION
B. BY WHOM MAY POSSESSION BE
ACQUIRED
C. WHAT DO NOT AFFECT POSSESSION
D. RULES TO SOLVE CONFLICTS OF
POSSESSION
VIII. EFFECTS OF POSSESSION
A. RIGHT TO BE PROTECTED IN HIS
POSSESSION
B. ENTITLEMENT TO FRUITS
C. REIMBURSEMENT FOR EXPENSES
D. GOOD FAITH (IN CONCEPT OF OWNER)
IS EQUIVALENT TO TITLE
IX. EFFECT OF POSSESSION IN THE CONCEPT
OF OWNER
X. LOSS OF POSSESSION
A. ABANDONMENT
B. ASSIGNMENT
C. DESTRUCTION OR TOTAL LOSS OF
THING OR THING GOES OUT OF
COMMERCE
D. POSSESSION BY ANOTHER FOR MORE
THAN 1 YEAR
I. Definition
Article 523, Civil Code. Possession is the holding
of a thing or the enjoyment of a right.
Concept of Possession
1. To possess, in a grammatical sense, means
to have, to physically and actually occupy a
thing, with or without right. (Sanchez
Roman)
Chapter VI. POSSESSION
2. It is the holding of a thing or a right, whether
by material occupation or by the fact that the
thing or the right is subjected to the action of
our will. (Manresa)
3. It is an independent right apart from
ownership.
Right of Possession Right to possess
(jus possessionis) (jus possidendi)
Independent right Incident to ownership
4. Possession includes the idea of occupation.
It cannot exist without it. (Exceptions: Art.
537)
Essential Requisites of Possession 168
1. Corpus possessionis: Holding (actual or
PROPERTY
OF constructive) of a thing or exercise of a right,
if right is involved.
a. General Rule: Possession and
cultivation of a portion of a tract under
claim of ownership of all is a
constructive possession of all, if the
remainder is not in adverse possession
of another.
b. Doctrine of constructive possession
applies when the possession is under
title calling for the whole. It does not
apply where possession is without title.
Note: Possession in the eyes of law does
not mean that a man has to have his
feet on every square meter of the
ground before it can be said that he is in
possession. The general rule is that the
possession and cultivation of a tract of
land under a claim of ownership of all, is
a constructive possession of all, if the
remainder is not in adverse possession
of another. (Ramos v. Director of
Lands)
2. Animus possidendi: Intention to possess
a. Animus possidendi is essential in
possession. There is no possession if
the holder does not want to exercise the
rights of a possessor. Animus
possidendi is implied from the acts of
the possessor.
b. Animus possidendi may be contradicted
and rebutted by evidence to prove that
the person who is in possession, does
not in fact exercise power or control and
does not intend to do so
.
CIVIL LAW REVIEWER
II. Degrees of Possession
A. Mere holding or possession without title
whatsoever and in violation of the right
of the owner
e.g. possession of a thief or usurper of
land
Here, both the possessor and the public
know that the possession is wrongful.
B. Possession with juridical title but not that
of ownership
e.g. possession of a tenant, depository
agent, bailee trustee, lessee, antichretic
creditor.
This possession is peaceably acquired.
This degree of possession will never
ripen into full ownership as long as there
is no repudiation of concept under which
property is held.
C. Possession with just title or title
sufficient to transfer ownership, but not
from the true owner
e.g. possession of a vendee from a
vendor who pretends to be the owner.
This degree of possession ripens into
full ownership by lapse of time.
D. Possession with a just title from the true
owner.
This is possession that springs from
ownership.
III. Classes of Possession
The Old Civil Code had a distinction between
natural possession and civil possession. This
distinction has been abolished by the present
Code.
A. Natural Possession
Physical holding of a thing (detention); all
retention or enjoyment of a thing or right.
B. Civil Possession
Natural possession coupled with the
intention of acquiring ownership of the thing
or right.
The following may be said to have civil
possession:
a. The owner himself, who holds and
enjoys the things belonging to him.
b. The possessor who is not the owner but
has the intention to act as such, and is
considered as such by others.
c. The thief and the usurper who, in spite
of their intention and the fact that they
are civil possessors according to the
Chapter VI. POSSESSION
Code, cannot and should not become
owners.
IV. Cases of Possession
A. Possession for Oneself, or Possession
Exercised in Ones Own Name and
Possession in the Name of Another.
Article 524, Civil Code. Possession may be
exercised in one's own name or in that of another.
Name under which possession may be
exercised
1. In ones own name the fact of possession 169
and the right to such possession is found in
PROPERTY
the same person.
2. In the name of another the one in actual
possession is without any right of his own,
but is merely an instrument of another in the
exercise of the latters possession.
Kinds of possession in the name of
another
1. Necessary arises by operation of law
e.g. representatives who exercise
possession in behalf of a conceived
child, juridical persons, persons not sui
juris and the conjugal partnership
2. Voluntary effected through the mutual
consent of the parties
e.g. agents or administrators appointed
by the owner or possessor.
Third person may also voluntary
exercise possession in the name of
another, but it does not become
effective unless ratified by the person in
whose name it is exercise.
B. Possession in the Concept of an Owner,
and Possession in the Concept of a
Holder with the Ownership Belonging to
Another
Article 525, Civil Code. The possession of things
or rights may be had in one of two concepts:
either in the concept of owner, or in that of the
holder of the thing or right to keep or enjoy it,
the ownership pertaining to another person.
1. Possession in Concept of Holder:
One who possesses as a mere holder,
not in the concept of owner,
acknowledges in another a superior right
which he believes to be ownership,
whether his belief be right or wrong.
e.g. tenant, usufructuary, borrower in
commodatum.
CIVIL LAW REVIEWER
2. Possession in Concept of Owner:
May be exercised by the owner himself
or one who claims to be so.
When a person claims to be the owner
of a thing, whether he believes so or not,
acting as an owner, and performing acts
of ownership, and he is or may be
considered as the owner by those who
witness his exercise of proprietary
rights, then he is in the possession of an
owner. This is the kind of possession
that ripens into ownership under Article
540, when such possession is public,
peaceful and uninterrupted (see Art.
1118).
Effects of Possession in Concept of an
Owner
a. Converted into ownership by the lapse
of time necessary for prescription
b. Possessor can bring all actions
necessary to protect his possession,
availing himself of any action which an
owner can bring, except accion
revindicatoria which is substituted by
accion publiciana.
c. He can ask for the inscription of
possession in the registry of property
d. Upon recovering possession from one
who has unlawfully deprived him of it, he
can demand fruits and damages
e. He can do on the thing possessed
everything that the law authorizes an
owner to do; he can exercise the right of
pre-emption and is entitled to the
indemnity in case of appropriation.
C. Possession in Good Faith and
Possession in Bad Faith
Article 526, Civil Code. He is deemed a possessor
in good faith who is not aware that there exists in his
title or mode of acquisition any flaw which
invalidates it.
He is deemed a possessor in bad faith who
possesses in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of law
may be the basis of good faith.
1. Possessor in good faith one who is
unaware that there exists a flaw which
invalidates his acquisition of the thing.
Good faith consists in the possessors
belief that the person from whom he
received a thing was the owner of the
same and could convey his title.
Chapter VI. POSSESSION
It implies freedom from knowledge and
circumstances which ought to put a
person on inquiry.
The belief of a possessor that he is the
owner of the thing must be based upon
the title or mode of acquisition, such as
a sale, a donation, inheritance or other
means of transmitting ownership; for
without this, there can be no real, well-
grounded belief of ones ownership.
Error in the application of the law, in the
legal solutions that arise from such
application, in the appreciation of legal
consequence of certain acts, and in the
interpretation of doubtful provisions or
doctrines, may properly serve as basis 170
for good faith.
PROPERTY
A misconception of the law, no matter
how honest cannot have the effect of
making one a possessor in good faith,
when he does not hold a title valid in
form or a deed sufficient in terms to
transfer property.
2. Possessor in bad faith one who knows
his title is defective
Only personal knowledge of the flaw in
the title or mode of acquisition can make
him a possessor in bad faith for bad faith
is not transmissible from one person to
another.
Mistake upon a doubtful or difficult
question of law as a basis of good faith
Mistake or ignorance of the law, by
itself, cannot become the basis of good
faith. What makes the error or ignorance
a basis of good faith is the presence of
an apparent doubt or difficulty in the
law. In other words, the law is complex,
ambiguous, or vague such that it is open
to two or more interpretations.
When the ignorance of the law is gross
and inexcusable, as when a person of
average intelligence would know the
law, such ignorance cannot be the basis
of good faith. Otherwise, the intendment
of Article 3 which states that, Ignorance
of the law excuses no one from
compliance therewith, will be defeated.
V. What Things May be Possessed
Article 530, Civil Code. Only things and rights
which are susceptible of being appropriated may be
the object of possession.
Not all things susceptible of appropriation can be
the object of prescription (See Art. 1113)
CIVIL LAW REVIEWER Chapter VI. POSSESSION

VI. What May Not Be Possessed by tranferee the things which are being
Private Persons transferred
1. Res Communes 3. By execution of proper acts under legal
2. Property of Public Dominion formalities
3. Right under discontinuous and/or non- This mode of acquiring possession
apparent easement refers to juridical acts or the acquisition
of possession by sufficient title
VII. Acquisition of Possession evidenced by the performance of
required formalities.
A. Ways of Acquiring Possession Examples:
Donations
Article 531, Civil Code. Possession is acquired by Succession
the material occupation of a thing or the exercise of Contracts (like a sale with right to
a right, or by the fact that it is subject to the action of repurchase)
our will, or by the proper acts and legal formalities Judicial possession 171
established for acquiring such right. Execution of judgments

PROPERTY
Execution and registration of public
1. By material occupation of the thing instruments
Material occupation occupation, Inscription of possessory information
under this provision, is used in its titles
ordinary meaning or general sense and The execution of the required formalities
not in its technical meaning under Article is equivalent to delivery of the property
712, which defines occupation as a subject thereof.
mode of acquiring ownership.
Possession acquired by material B. By Whom May Possession Be Acquired
occupation is only possession as a fact,
not the legal right of possession. Article 532, Civil Code. Possession may be
Constructive delivery is considered as acquired by the same person who is to enjoy it, by
an equivalent of material occupation in his legal representative, by his agent, or by any
two situations where such occupation is person without any power whatever: but in the last
essential to the acquisition of case, the possession shall not be considered as
possession: acquired until the person in whose name the act of
Tradicion brevi manu takes place possession was executed has ratified the same,
without prejudice to the juridical consequences of
when one who possess a thing by
negotiorum gestio in a proper case.
title other than ownership, continues
to possess the same under a new
Possession may be acquired by
title, that of ownership.
1. by the same person
Tradicion constitutum possessorium
2. by his legal representative
takes place when the owner
3. by his agent
alienates the thing, but continues to
4. by any person without any power
posses the same under a different
whatsoever but subject to ratification,
title.
without prejudice to proper case or
negotiorum gestio (Arts. 2144, 2149, 2150)
2. By subjection to the action of ones will
5. qualifiedly, minors and incapacitated
This mode of acquiring possession
persons
refers more to the right of possession
than to possession as a fact. The action
By the same person
of our will must be juridical, in the sense
Elements of personal acquisition:
that it must be according to law.
1. Must have the capacity to acquire
This includes the following kinds of
possession
constructive delivery:
2. Must have the intent to possess
Tradicion symbolica effected by
3. The possibility to acquire possession must
delivering some object or symbol
be present.
placing the thing under the control of
the transferee
Tradicion longa manu effected by
the transferor pointing out to the
CIVIL LAW REVIEWER
By his legal representative
Requisites of acquisition through another:
1. That the representative or agent has the
intention to acquire the thing or exercise the
right for another, and not for himself
2. That the person for whom the thing has
been acquired or the right exercised, has the
intention of possessing such thing or
exercising such right
Note:
Bad faith is personal and
intransmissible. Its effects must be
therefore, be suffered only by the person
who acted in bad faith; his heir should
not be saddled with the consequences
Good faith can only benefit the person
who has it; and the good faith of the heir
cannot erase the effects of bad faith of
his predecessor.
Article 534, Civil Code. On who succeeds by
hereditary title shall not suffer the consequences of
the wrongful possession of the decedent, if it is not
shown that he was aware of the flaws affecting it;
but the effects of possession in good faith shall not
benefit him except from the date of the death of the
decedent.
By any person without any power
whatsoever but subject to ratification,
without prejudice to proper case or
negotiorum gestio (Arts. 2144, 2149, 2150)
Article 2144, Civil Code. Whoever voluntarily takes
charge of the agency or management of the
business or property of another, without any power
from the latter, is obliged to continue the same until
the termination of the affair and its incidents, or to
require the person concerned to substitute him, if the
owner is in a position to do so. This juridical relation
does not arise in either of these instances:
1. When the property or business is not
neglected or abandoned;
2. If in fact the manager has been tacitly
authorized by the owner.
In the first case, the provisions of Articles 1317,
1403, No. 1, and 1404 regarding unauthorized
contracts shall govern.
In the second case, the rules on agency in Title X of
this Book shall be applicable.
Article 2149, Civil Code. The ratification of the
management by the owner of the business produces
the effects of an express agency, even if the
business may not have been successful.
Article 2150, Civil Code. Although the officious
management may not have been expressly ratified,
the owner of the property or business who enjoys
Chapter VI. POSSESSION
the advantages of the same shall be liable for
obligations incurred in his interest, and shall
reimburse the officious manager for the necessary
and useful expenses and for the damages which the
latter may have suffered in the performance of his
duties.
The same obligation shall be incumbent upon him
when the management had for its purpose the
prevention of an imminent and manifest loss,
although no benefit may have been derived.
Qualifiedly, minors and incapacitated
persons
Article 535, Civil Code. Minors and incapacitated
persons may acquire the possession of things; but
they need the assistance of their legal 172
representatives in order to exercise the rights which
PROPERTY
from the possession arise in their favor.
Incapacitated all those who do not have
the capacity to act (insane, lunatic, deaf-
mutes who cannot read and write,
spendthrifts and those under civil
interdiction)
Object of possession things only, not
rights.
Method of acquisition material occupation;
acquisition by means for which the
incapacitated person has the capacity, such
as acquisition by succession, testate or
intestate, or by donations propter nuptias,
pure and simple donations
C. What Do Not Affect Possession
Article 537, Civil Code. Acts merely tolerated, and
those executed clandestinely and without the
knowledge of the possessor of a thing, or by
violence, do not affect possession.
1. Acts merely tolerated
Those which by reason of
neighborliness or familiarity, the owner
of property allows his neighbor or
another person to do on the property;
Those particular services or benefits
which ones property can give to another
without material injury or prejudice to the
owner, who permits them out of
friendship or courtesy
Acts of little disturbances which a
person, in the interest of neighborliness
or friendly relations permits others to do
on his property, although continued for a
long time, no right will be acquired by
prescription
Note: Permissive use merely tolerated by
the possessor cannot affect possession
CIVIL LAW REVIEWER
and cannot be the basis of acquisitive
prescription. Possession to constitute
the foundation of prescriptive right, must
be possession under claim of title, it
must be adverse. (Cuaycong v.
Benedicto)
2. Acts executed clandestinely and without
the knowledge of the possessor
Article 1108, Civil Code. Possession has to be in
the concept of an owner, public, peaceful and
uninterrupted.
3. Acts of violence as long as the
possessor objects thereto (i.e. he files a
case)
Article 536, Civil Code. In no case may possession
be acquired through force or intimidation as long as
there is a possessor who objects thereto. He who
believes that he has an action or a right to deprive
another of the holding of a thing, must invoke the aid
of the competent court, if the holder should refuse to
deliver the thing.
Possession acquired by force, not only
when one forcibly takes away the
property from another, but also when
one occupied the property in the
property in the absence of another, and
repels the latter upon his return.
Force may be actual or threatened; and
may be employed by the possessor
himself, or by another for him, and
against any possessor.
Effect on Possession: Acts mentioned
do not constitute true possession. They
do not interrupt the period of prescription
nor affect the rights to the fruits.
For all purposes that may be favorable
to the true possessor, his possession is
not considered interrupted.
D. Rules to Solve Conflicts of Possession
Article 538, Civil Code. Possession as a fact
cannot be recognized at the same time in two
different personalities except in the cases of co-
possession. Should a question arise regarding the
fact of possession, the present possessor shall be
preferred; if there are two possessors, the one
longer in possession; if the dates of the possession
are the same, the one who presents a title; and if all
these conditions are equal, the thing shall be placed
in judicial deposit pending determination of its
possession or ownership through proper
proceedings.
Chapter VI. POSSESSION
General Rule
Possession cannot be recognized in two
different personalities, except in cases of co-
possession by co-possessors without conflict of
claims of interest.
In case of conflicting possession
preference is given to
1. Present possessor or actual possessor
2. If there are two or more possessors, the one
longer in possession
3. If the dates of possession are the same, the
one who presents a title
4. If all conditions are equal, the thing shall be
placed in judicial deposit pending
determination of possession or ownership 173
through proper proceedings
PROPERTY
VIII. Effects of Possession
A. Right to be Protected in His Possession
In general, every possessor has a right to be
respected in his possession; if disturbed therein,
possessor has a right to be protected in or
restored to said possession.
Article 539, Civil Code. Every possessor has a
right to be respected in his possession; and should
he be disturbed therein he shall be protected in or
restored to said possession by the means
established by the laws and the Rules of Court.
A possessor deprived of his possession through
forcible entry may within ten days from the filing of
the complaint present a motion to secure from the
competent court, in the action for forcible entry, a
writ of preliminary mandatory injunction to restore
him in his possession. The court shall decide the
motion within thirty (30) days from the filing thereof.
Every possessor includes all kinds of
possession, from that of an owner to that of a
mere holder, except that which constitutes a
crime.
Reason for the rule: To prevent anyone from
taking the administration of justice into his own
hands. Even the owner cannot forcibly eject the
possessor, but must resort to the courts.
Actions to Recover Possession
1. Summary proceedings Forcible entry and
Unlawful detainer
Article 1674, Civil Code. In ejectment cases where
an appeal is taken the remedy granted in Article
539, second paragraph, shall also apply, if the
higher court is satisfied that the lessee's appeal is
CIVIL LAW REVIEWER
frivolous or dilatory, or that the lessor's appeal is
prima facie meritorious. The period of ten days
referred to in said article shall be counted from the
time the appeal is perfected.
Plaintiff may ask for writ of preliminary
mandatory injunction within 10 days
from filing of complaint in forcible entry
(Art. 539). The same writ is available in
unlawful detainer actions upon appeal.
(Art. 1674)
Forcible entry and Unlawful
Detainer
Rule 70, Rules of Court gives any
person deprived of the possession of
any land or building by force,
intimidation, strategy, or stealth at any
time within one year after such unlawful
deprivation, the action of forcible entry.
by force, intimidation, strategy, or
stealth includes every situation or
condition under which one person can
wrongfully enter upon real property and
exclude another, who has had prior
possession therefrom.
2. Accion Publiciana (based on superior right
of possession, no ownership)
Action for the recovery of possession of
real property upon mere allegation and
proof of a better title thereto
3. Accion Reinvindicatoria (recovery of
possession based on a claim of ownership)
An action setting up title and right to
possession
Not barred by a judgment in an action
for forcible entry and unlawful detainer
4. Action for Replevin (possession or
ownership for movable property)
Lawful Possessor Can Employ Self-help
Article 429, Civil Code. The owner or lawful
possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or
usurpation of his property
Article 540, Civil Code. Only the possession
acquired and enjoyed in the concept of owner can
serve as a title for acquiring dominion.
To consolidate title by prescription, the
possession must be under claim of ownership,
and it must be peaceful, public and uninterrupted
Chapter VI. POSSESSION
It is only the conviction of ownership externally
manifested, which generates ownership.
Acts of possessory character done by virtue of a
license or mere tolerance on the part of the real
owner are not sufficient and will not confer title
by prescription or adverse possession.
The following cannot acquire title by prescription:
1. Lessees, trustees, pledges, tenants on
shares or planters and all those who hold in
the name or representation of another;
2. Mere holders placed in possession of the
property by the owner, such as agents,
employees;
3. Those holding in a fiduciary character, like 174
receivers, attorneys, depositaries and
PROPERTY
antichretic creditors
4. Co-owner, with regard to common property;
Except: When he holds the same adversely
against all of them with notice to them the
exclusive claim of ownership
Article 542, Civil Code. The possession of real
property presumes that of the movables therein, so
long as it is not shown or proved that they should be
excluded.
Refers to all kinds of possession, whether in
concept of owner or not, in good faith or in bad
faith, and in ones own name or anothers in
reference to things only, NOT rights.
Article 543, Civil Code. Each one of the
participants of a thing possessed in common shall
be deemed to have exclusively possessed the part
which may be allotted to him upon the division
thereof, for the entire period during which the co-
possession lasted. Interruption in the possession of
the whole or a part of a thing possessed in common
shall be to the prejudice of all the possessors.
However, in case of civil interruption, the Rules of
Court shall apply.
B. Entitlement to fruits possessor in good
faith/bad faith (Art. 544, 549)
Article 544, Civil Code. A possessor in good faith is
entitled to the fruits received before the possession
is legally interrupted.
Natural and industrial fruits are considered received
from the time they are gathered or severed.
Civil fruits are deemed to accrue daily and belong to
the possessor in good faith in that proportion.
CIVIL LAW REVIEWER
Provision is based on the following reasons
of equity
1. The fruits received are generally used for
the consumption and livelihood of the
possessor, and his life and expenses may
have been regulated in view of such fruits
2. The owner has been negligent in not
discovering or contesting the possession of
the possessor; it would be unjust after the
possessor has been thus allowed to rely on
the efficacy of the title, to require him to
return the fruits he has received on the basis
of that title.
3. Between the owner, who has abandoned his
property and left it unproductive, and the
possessor, who has contributed to the social
wealth, by the fruits he has produced, the
law leans toward the latter
Right of the possessor in good faith
Only limited to the fruits of the thing. He must
restore the fruits received from the time such
good faith ceased. He has no rights to the
objects which do not constitute fruits.
Legal interruption of possession in good
faith
Takes place when an action is filed against
himfrom the time he learns of the complaint,
from the time he is summoned to the trial.
Article 545, Civil Code. If at the time the good faith
ceases, there should be any natural or industrial
fruits, the possessor shall have a right to a part of
the expenses of cultivation, and to a part of the net
harvest, both in proportion to the time of the
possession.
The charges shall be divided on the same basis by
the two possessors.
The owner of the thing may, should he so desire,
give the possessor in good faith the right to finish the
cultivation and gathering of the growing fruits, as an
indemnity for his part of the expenses of cultivation
and the net proceeds; the possessor in good faith
who for any reason whatever should refuse to
accept this concession, shall lose the right to be
indemnified in any other manner.
Old Civil Code New Civil Code
Possessor in GF was
reimbursed the entire Proportionate division of
expense of cultivation expenses of production
incurred by him
Charges Those which are incurred,
not on the thing itself but because of it.
It is borne by the two possessors in
proportion to their respective
possession.
Chapter VI. POSSESSION
It includes every presentation required
of the possessor by reason of
possession of the thing, whether it
constitutes a real right or not.
e.g. Taxes, contributions in favor of the
government
When fruits are insufficient
There should only be reimbursement of
expenses; but each possessor should suffer a
proportionate reduction due to the insufficiency
of the harvest.
C. Reimbursement for Expenses
Possessor in Good Faith/Bad Faith 175
PROPERTY
Article 546, Civil Code. Necessary expenses shall
be refunded to every possessor; but only the
possessor in good faith may retain the thing until he
has been reimbursed therefor.
Useful expenses shall be refunded only to the
possessor in good faith with the same right of
retention, the person who has defeated him in the
possession having the option of refunding the
amount of the expenses or of paying the increase in
value which the thing may have acquired by reason
thereof.
Necessary Expenses
1. Imposed by the thing itself and have no
relation to the desire or purpose of the
possessor; hence they are reimbursed,
whatever may be the juridical character of
the person who advanced them.
2. They are the cost of living for the thing and
must be reimbursed to the one who paid
them, irrespective of GF or BF. Only a
possessor in GF is entitled to retain the thing
until he is reimbursed
3. Those imposed for the preservation of the
thing. They are not considered
improvements; they do not increase the
value of the thing, but merely prevent them
from becoming useless.
Useful Expenses
1. Incurred to give greater utility or productivity
to the thing
2. e.g. Wall surrounding an estate, an irrigation
system, planting in an uncultivated land, a
fishpond, an elevator in the building, electric
lighting system
3. They are reimbursed only to the possessor
in GF as a compensation or reward for him.
Possessor in BF cannot recover such
expenses
CIVIL LAW REVIEWER Chapter VI. POSSESSION

Article 547, Civil Code. If the useful improvements

can be removed without damage to the principal
thing, the possessor in good faith may remove them,
unless the person who recovers the possession
exercises the option under paragraph 2 of the
preceding article.
Article 548, Civil Code. Expenses for pure luxury or
mere pleasure shall not be refunded to the
possessor in good faith; but he may remove the
ornaments with which he has embellished the
principal thing if it suffers no injury thereby, and if his
successor in the possession does not prefer to
refund the amount expended.
Article 549, Civil Code. The possessor in bad faith
shall reimburse the fruits received and those which
the legitimate possessor could have received, and
shall have a right only to the expenses mentioned in
paragraph 1 of Article 546 and in Article 443. The
expenses incurred in improvements for pure luxury
or mere pleasure shall not be refunded to the
possessor in bad faith, but he may remove the
objects for which such expenses have been
incurred, provided that the thing suffers no injury
thereby, and that the lawful possessor does not
prefer to retain them by paying the value they may
have at the time he enters into possession..

Article 550, Civil Code. The costs of litigation over

Expenses for Luxury the property shall be borne by every possessor. 176
1. They do not affect the existence or the

PROPERTY
Article 550, Civil Code. Improvements caused by
substance of the thing itself, but only the nature or time shall always inure to the benefit of the
comfort, convenience or enjoyment of the person who has succeeded in recovering
possessor. They are not the subject of possession
reimbursement, because the law does not
compensate personal whims or caprices. Includes all the natural accessions
2. e.g. Opening of a garden, placing fountains referred to by articles 457-465, and all
and statues in it, adorning the ceilings those which do not depend upon the will
paintings, and the walls with reliefs of the possessor.
e.g. widening of the streets, rising of
Useful Expenses Expenses for Luxury fountains of fresh or mineral water,
Those which increase the increase of foliage of trees
Those which merely
income derived from the
embellished the thing
thing
Result: Increase in the
products, either Liability for loss or deterioration of property
absolutely, or because of by possessor in bad faith
Result: Benefit or
greater facilities for
advantage is only for the Article 552, Civil Code. A possessor in good faith
producing them
convenience of definite shall not be liable for the deterioration or loss of the
possessors thing possessed, except in cases in which it is
Includes expenses
resulting in real benefit or proved that he has acted with fraudulent intent or
advantage to the thing negligence, after the judicial summons.
The resulting utility is The utility is for the
essential and absolute, to possessor or particular A possessor in bad faith shall be liable for
all who may have the persons alone and is deterioration or loss in every case, even if caused by
thing. therefore accidental. a fortuitous event.

Possessor in GF Possessor in BF
Entitled to the fruits while possession is in GF Must reimburse the legitimate possessor
Fruits Received
and before legal interruption (544) (549)
Entitled to part of the expenses of cultivation,
and to a part of the net harvest, in proportion
to the time of the possession.
Must reimburse the legitimate possessor
Pending Fruits
Indemnity may be, at the owners option, (549)
1. In money, OR
2. By allowing full cultivation and gathering
of the fruits (545)
Must share with the legitimate possessor, in
Charges proportion to the time of the possession (545) Same as with GF (545)

Right to reimbursement and retention in the

Necessary
meantime (546) Reimbursement only (546)
Expenses
CIVIL LAW REVIEWER Chapter VI. POSSESSION

Right of retention until reimbursed; Owners

option to reimburse him either for expenses
or for increase in value which the thing may
have acquired (546)
No right to reimbursement and no right of
Useful Expenses
removal (547)
Limited right of removal should not damage
principal and owner does not exercise option
of paying the expenses or increase in value
(547)
Ornamental
Limited right of removal (548) Limited right of removal (549)
Expenses
Deterioration of No liability unless due to fraud or negligence
Liable in every case (552)
Loss after becoming in BF (552)
Costs of Litigation Bears cost (550) Bears cost (550)

D. Possession of Movable Acquired in Good Basis: Possession is presumed

177
Faith (in concept of owner) is Equivalent ownership, unless the contrary is

to Title (Art. 559)
Article 559, Civil Code. The possession of movable
property acquired in good faith is equivalent to a
title. Nevertheless, one who has lost any movable or
has been unlawfully deprived thereof may recover it
from the person in possession of the same.
PROPERTY
proved. This presumption is prima facie
and it prevails until contrary is proved.
Just title that which is legally sufficient
to transfer the ownership or the real right
to which it relates.

If the possessor of a movable lost or which the For the purposes of prescription, there is
owner has been unlawfully deprived, has acquired it just title when the adverse claimant
in good faith at a public sale, the owner cannot came into possession of the property
obtain its return without reimbursing the price paid through one of the modes recognized by
therefor law for the acquisition of ownership or
other real rights, but the grantor was not
Possessor has actual title which is defeasible the owner or could not transmit any
only by true owner. right. (Art. 1129)

Requisites of Title Exception

1. Possession in GF
2. The owner has voluntarily parted with the Article 1131, Civil Code. For the purposes of
possession of the thing prescription, just title must be proved; it is never
3. The possession is in the concept of an presumed.
owner
3. Possessor may bring all actions necessary
When the owner can recover to protect his possession except
1. Has lost the thing revindicatoria
2. Has been unlawfully deprived thereof
4. May employ self help under Art. 429

5. Possessor may ask for inscription of such

IX. Effects of Possession in the Concept
real right of possession in the registry of
of Owner property

1. Possession may be lapsed of time ripen into
full ownership, subject to certain exceptions.
2. Presumption of just title and cannot be
obliged to show or prove it (Art. 541);
exception (Art. 1131)
Article 541, Civil Code. A possessor in the concept
of owner has in his favor the legal presumption that
he possesses with a just title and he cannot be
obliged to show or prove it.
6. Has right to the fruits and reimbursement of
expenses (assuming he is possessor in
good faith)
7. Upon recovery of possession which has
unlawfully deprived may demand fruits and
damages
8. Generally, he can do on the things
possessed everything that the law
CIVIL LAW REVIEWER
authorizes the owner to do until he is ousted
by one who had a better right.
9. Possession in good faith and possession in
bad faith (Art. 528)
Mistake upon doubtful or difficult
question of law as a basis of good faith
(Art. 526, par 3)
X. Presumption in Favor of the
Possessorfor Acquisitive
Prescription
Of good faith until contrary is proved
Article 527, Civil Code. Good faith is always
presumed, and upon him who alleges bad faith on
the part of a possessor rests the burden of proof.
Presumption is only juris tantum because
possession is the outward sign of
ownership. Unless such proof of bad faith is
presented, the possessor will be held to be
in good faith.
So long as the possessor is not actually
aware of any defect invalidating his title, he
is deemed a possessor in good faith.
Of continuity of initial good faith in which
possession was commenced of possession
in good faith does not lose this character
except in case and from the moment
possessor became aware or is not unaware
of improper or wrongful possession
Article 528, Civil Code. Possession acquired in
good faith does not lose this character except in the
case and from the moment facts exist which show
that the possessor is not unaware that he possesses
the thing improperly or wrongfully.
Good faith ceases from the date of the
summons to appear at the trial
Good faith ceases when there is:
a. Extraneous evidence
b. Suit for recovery of the property by the
true owner
Of enjoyment of possession in the same
character in which possession was required
until contrary is proved
Article 529, Civil Code. It is presumed that
possession continues to be enjoyed in the same
character in which it was acquired, until the contrary
is proved.
Chapter VI. POSSESSION
Of non-interruption of possession in favor of
present possessor who proves possession
at a previous time until the contrary is
proved
Article 554, Civil Code. A present possessor who
shows his possession at some previous time, is
presumed to have held possession also during the
intermediate period, in the absence of proof to the
contrary.
Article 1120, Civil Code. Possession is interrupted
for the purposes of prescription, naturally or civilly.
Article 1121, Civil Code. Possession is naturally
interrupted when through any cause it should cease
for more than one year. 178
PROPERTY
The old possession is not revived if a new
possession should be exercised by the same
adverse claimant.
Article 1122, Civil Code. If the natural interruption
is for only one year or less, the time elapsed shall be
counted in favor of the prescription.
Article 1123, Civil Code. Civil interruption is
produced by judicial summons to the possessor.
Article 1124, Civil Code. Judicial summons shall be
deemed not to have been issued and shall not give
rise to interruption:
1. If it should be void for lack of legal
solemnities;
2. If the plaintiff should desist from the
complaint or should allow the proceedings
to lapse;
3. If the possessor should be absolved from
the complaint.
In all these cases, the period of the interruption shall
be counted for the prescription
Other presumptions with respect to specific
properties of property rights
1. Of extension of possession of real property
to all movables contained therein so long as
in is not shown that they should be
excluded; exceptions.
Article 426, Civil Code. Whenever by provision of
the law, or an individual declaration, the expression
"immovable things or property," or "movable things
or property," is used, it shall be deemed to include,
respectively, the things enumerated in Chapter 1
and Chapter 2.
Whenever the word "muebles," or "furniture," is used
alone, it shall not be deemed to include money,
credits, commercial securities, stocks and bonds,
jewelry, scientific or artistic collections, books,
medals, arms, clothing, horses or carriages and their
accessories, grains, liquids and merchandise, or
other things which do not have as their principal
CIVIL LAW REVIEWER
object the furnishing or ornamenting of a building,
except where from the context of the law, or the
individual declaration, the contrary clearly appears.
2. Non-interruption of possession of hereditary
property
Article 553, Civil Code. The possession of
hereditary property is deemed transmitted to the heir
without interruption and from the moment of the
death of the decedent, in case the inheritance is
accepted.
One who validly renounces an inheritance is
deemed never to have possessed the same.
Article 1078, Civil Code. Where there are two or
more heirs, the whole estate of the decedent is,
before its partition, owned in common by such heirs,
subject to the payment of debts of the deceased.
3. Of just title in favor of possessor in concept
of owner
Article 541, Civil Code. A possessor in the concept
of owner has in his favor the legal presumption that
he possesses with a just title and he cannot be
obliged to show or prove it.
Article 1141, Civil Code. Real actions over
immovables prescribe after thirty years.
This provision is without prejudice to what is
established for the acquisition of ownership and
other real rights by prescription.
XI. Possesion May Be Lost By
Article 555, Civil Code. A possessor may lose his
possession:
1. By the abandonment of the thing;
2. By an assignment made to another either by
onerous or gratuitous title;
3. By the destruction or total loss of the thing, or
because it goes out of commerce;
4. By the possession of another, subject to the
provisions of Article 537, if the new possession
has lasted longer than one year. But the real
right of possession is not lost till after the lapse
of ten years.
A. Abandonment
Includes the giving up possession, and
not necessarily of ownership by every
possessor.
Chapter VI. POSSESSION
It is the opposite occupation. It consists
of the voluntary renunciation of all the
rights which the person may have in a
thing, with intent to lose such a thing. To
be effective, it must be necessary that it
be made by a possessor in the concept
of an owner.
It must be clearly appear that the spes
recuperandi is gone and the animus
revertendi is finally given up.
B. Assignment, either onerous or gratuitous
Complete transmission of ownership
rights to another person, gratuitously or
onerously
179
C. Possession by another; if possession
PROPERTY
has lasted longer than one year; real
right of possession not lost after 10
years - (Subject to Article 537)
Article 537, Civil Code. Acts merely tolerated, and
those executed clandestinely and without the
knowledge of the possessor of a thing, or by
violence, do not affect possession.
Possession that is lost here refers only
to possession as a fact (de facto), not
the legal right of possession (de jure). It
is the possession that the new
possessor acquires.
Real right of possession is lost only after
10 years.
After one year, the actions for forcible
entry and unlawful detainer can no
longer be brought. But accion publiciana
may still be instituted to recover
possession de jure
Article 553, Civil Code. One who recovers
possession shall not be obliged to pay for
improvements which have ceased to exist at the
time he takes possession of the thing.
The improvements, having ceased to
exist, the lawful possessor or owner
cannot benefit from them; hence he
should not pay for them.
Necessary expenses are not considered
improvements, and even if the object for
which they were incurred no longer
exists at the time of entry upon
possession, the lawful possessor or
owner has to pay for them.
Article 557, Civil Code. The possession of
immovables and of real rights is not deemed lost, or
transferred for purposes of prescription to the
prejudice of third persons, except in accordance with
CIVIL LAW REVIEWER Chapter VI. POSSESSION

the provisions of the Mortgage Law and the Land

Registration laws.

Third parties relying on the Registry of

Property are privileged to consider the
registered possessors or owners as still
such in spite of loss

Article 558, Civil Code. Acts relating to possession,

executed or agreed to by one who possesses a
thing belonging to another as a mere holder to enjoy
or keep it, in any character, do not bind or prejudice
the owner, unless he gave said holder express
authority to do such acts, or ratifies them
subsequently.
180
Rules for Loss of Movables:

PROPERTY
Article 556, Civil Code. The possession of
movables is not deemed lost so long as they remain
under the control of the possessor, even though for
the time being he may not know their whereabouts.

Control judicial control or right, or

that the thing remains in ones patrimony

Article 560, Civil Code. Wild animals are

possessed only while they are under one's control;
domesticated or tamed animals are considered
domestic or tame if they retain the habit of returning
to the premises of the possessor.

Kinds of Animals:
1. Wildthose which live naturally
independent of man
2. Domesticatedthose which, being wild by
nature, have become accustomed to
recognize the authority of man. When they
observe this custom, they are placed in the
same category as domestic and when they
lose it, they are considered as wild.
3. Domestic or Tamethose which are
bornand reared ordinarily under the control
and care of man; they are under the
ownership of man, and do not become res
nullius unless they are abandoned.
CIVIL LAW REVIEWER Chapter VII. USUFRUCT

To prevent abuse, which is frequent;

Chapter VII. Usufruct To prevent impairment.
I. CONCEPT
II. CHARACTERISTICS
c. Exception: In an abnormal usufruct,
III. DISTINGUISHED FROM LEASE AND alteration is allowed
SERVITUDE 3. Usufruct is extinguished by the death of the
IV. CLASSIFICATION usufructuary
V. RIGHTS OF USUFRUCTUARY a. Natural because a contrary intention
VI. OBLIGATIONS OF USUFRUCTUARY may prevail
A. AT THE BEGINNING OF THE USUFRUCT
B. DURING THE USUFRUCT
C. AT THE TIME OF THE TERMINATION OF III. Usufruct Distiguished from Lease
THE USUFRUCT and Servitude
VII. SPECIAL CASES
VIII. EXTINGUISHMENT Usufruct vs. Lease
181
I. Concept Basis Usufruct Lease

PROPERTY
Article 562, Civil Code. Usufruct gives a right to By the nature of Always a real Quasi-real or
enjoy the property of another with the obligation of the right right personal right
preserving its form and substance, unless the title By the creator Need not be an
Owner
constituting it or the law otherwise provides. of the right owner
Active owner or
Passive owner
lessor who
Objects of Usufruct who allows the
By the cause makes the
1. Independent Rights usufructuary to
lessee enjoy
A servitude which is dependent on the enjoy the thing
the thing
tenement to which it attaches cannot be Generally
the object of usufruct covers all the Generally
By the extent of
2. Things utility of which covers a
enjoyment
Non-consumable things the thing is particular utility
Consumable things, but only as to their capable
value if appraised, or on an equal May be created May only be
quantity and quality if they were not by law, by will of created by the
By the origin
the parties, or will of the
appraised
by prescription parties
3. Unproductive things e.g. sterile or absolutely Pays for
unproductive land, or things for mere As regards Generally not
ordinary repairs
pleasure, such as promenades, statues or repairs and borne by a
and taxes on
paintings, even if they do not produce any taxes lessee
the fruits
utility.
Usufruct vs. Servitude
II. Characteristics
Basis Usufruct Servitudes
May involve May only
Characteristics As to the object real or personal involve real
1. It is a real right property property
2. Of temporary duration Covers all the
3. To derive all advantages from the thing due By the extent or Limited to a
uses of the
enjoyment particular use
to normal exploitation thing

Natural Characteristics Similarities between Usufruct and

1. Includes only the right to use (jus utendi)
and the right to the fruits (jus fruendi)
2. Usufructuary must preserve the form or
substance of the thing
a. Preservation is a natural requisite, not
essential because the title constituting it
or the law may provide otherwise
b. Reason for preserving form and
substance
To prevent extraordinary
exploitation;
Servitude
Both are real rights, whether registered or not.
1. Both rights may be registered, provided that
the usufruct involves real property. All
easements of course concerns real property.
2. Both may ordinarily be alienated or
transmitted in accordance with the
formalities set by law.
CIVIL LAW REVIEWER
IV. Classes of Usufruct
A. By Origin
Article 563, Civil Code. Usufruct is constituted by
law, by the will of private persons expressed in acts
inter vivos or in a last will and testament, and by
prescription.
1. Voluntary: created by the will of private
persons
a. By act inter vivos such as contracts
and donations
By alienation of the usufruct
By retention of the usufruct
Where a usufruct is constituted inter
vivos and for valuable consideration,
the contract is unenforceable unless
in writing
b. By act mortis causa such as testament
2. Legal: as provided by law
Usufruct of parents over the property of
unemancipated children (now limited to the
collectively daily needs of the family as per
the Family Code)
Article 226, Family Code. The property of the
unemancipated child earned or acquired with his
work or industry or by onerous or gratuitous title
shall belong to the child in ownership and shall be
devoted exclusively to the latter's support and
education, unless the title or transfer provides
otherwise.
The right of the parents over the fruits and income of
the child's property shall be limited primarily to the
child's support and secondarily to the collective daily
needs of the family.
3. Mixed: created both by law and the acts of
persons
Article 565, Civil Code. The rights and obligations
of the usufructuary shall be those provided in the
title constituting the usufruct; in default of such title,
or in case it is deficient, the provisions contained in
the two following Chapters shall be observed.
The rights and duties of the usufructuary
provided by law may be modified or
eliminated by the parties.
The title constituting the usufruct may
validly authorize the usufructuary to
alienate the thing itself held in usufruct.
If the usufructuary is authorized to
alienate the thing in case of
necessity, it is the usufructuary who
Chapter VII. USUFRUCT
determines the question of
necessity.
B. By Person Enjoying Right of Usufruct
Article 564, Civil Code. Usufruct may be
constituted on the whole or a part of the fruits of the
thing, in favor of one more persons, simultaneously
or successively, and in every case from or to a
certain day, purely or conditionally. It may also be
constituted on a right, provided it is not strictly
personal or intransmissible.
1. Simple: only one usufructuary enjoys the
property
2. Multiple: several usufructuaries enjoy the 182
property
PROPERTY
a. Simultaneous: at the same time
b. Successive: one after the other
Limitations on successive usufruct
1. If usufruct is by donation, ALL donees must
be alive.
Article 756, Civil Code. The ownership of property
may also be donated to one person and the usufruct
to another or others, provided all the donees are
living at the time of the donation.
2. Fiduciary or first heir and the second heir
must be alive at the time of the death of the
testator.
Article 863, Civil Code. A fideicommissary
substitution by virtue of which the fiduciary or first
heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole
or part of the inheritance, shall be valid and shall
take effect, provided such substitution does not go
beyond one degree from the heir originally instituted,
and provided further, that the fiduciary or first heir
and the second heir are living at the time of the
death of the testator.
3. If by testamentary succession, there must
be only 2 successive usufructuaries, and
both must be alive or at least already
conceived at the time of the testators death.
Article 869, Civil Code. A provision whereby the
testator leaves to a person the whole or part of the
inheritance, and to another the usufruct, shall be
valid. If he gives the usufruct to various persons, not
simultaneously, but successively, the provisions of
Article 863 shall apply
C. By Object of Usufruct
Article 564, Civil Code. Usufruct may be
constituted on the whole or a part of the fruits of the
thing, in favor of one more persons, simultaneously
or successively, and in every case from or to a
CIVIL LAW REVIEWER
certain day, purely or conditionally. It may also be
constituted on a right, provided it is not strictly
personal or intransmissible.
1. Rights
a. Must not be strictly personal or
intransmissible.
b. Usufruct over a real right is by itself a
real right.
c. Right to receive present or future
support cannot be the object of the
usufruct.
2. Things
a. Normal: involves non-consummable
things where the form and substance
are preserved
b. Abnormal or irregular
Article 574, Civil Code. Whenever the usufruct
includes things which cannot be used without being
consumed, the usufructuary shall have the right to
make use of them under the obligation of paying
their appraised value at the termination of the
usufruct, if they were appraised when delivered. In
case they were not appraised, he shall have the
right to return at the same quantity and quality, or
pay their current price at the time the usufruct
ceases.
In reality, the usufruct is not upon
the consumable things themselves
which are delivered to the
usufructuary, but upon the sum
representing their value or upon a
quantity of things of the same kind
and quality.
The usufructuary, in effect, becomes
the owner of the things in usufruct,
while the grantor becomes a mere
creditor entitled to the return of the
value or of the things of the same
quantity and quality (as if converted
into a simple loan)
D. By the Extent of the Usufruct
Article 564, Civil Code. Usufruct may be
constituted on the whole or a part of the fruits of the
thing, in favor of one more persons, simultaneously
or successively, and in every case from or to a
certain day, purely or conditionally. It may also be
constituted on a right, provided it is not strictly
personal or intransmissible.
1. As to the fruits
a. Total: all consumed by the usufruct
b. Partial: only on certain aspects of the
usufructs fruits
Chapter VII. USUFRUCT
2. As to object
a. Singular: only on particular property of
the owner
b. Universal: pertains to the whole
property;
Article 598, Civil Code. If the usufruct be
constituted on the whole of a patrimony, and if at the
time of its constitution the owner has debts, the
provisions of Articles 758 and 759 relating to
donations shall be applied, both with respect to the
maintenance of the usufruct and to the obligation of
the usufructuary to pay such debts.
The same rule shall be applied in case the owner is
obliged, at the time the usufruct is constituted, to
make periodical payments, even if there should be 183
no known capital.
PROPERTY
Article 595, Civil Code. The owner may construct
any works and make any improvements of which the
immovable in usufruct is susceptible, or make new
plantings thereon if it be rural, provided that such
acts do not cause a diminution in the value of the
usufruct or prejudice the right of the usufructuary.
A universal usufructuary must pay the
debts of the naked owner, if stipulated.
If there are no stipulations, the
usufructuary only has to pay when the
usufruct has been made in fraud of
creditors.
Article 758, Civil Code. When the donation
imposes upon the donee the obligation to pay the
debts of the donor, if the clause does not contain
any declaration to the contrary, the former is
understood to be liable to pay only the debts which
appear to have been previously contracted. In no
case shall the donee be responsible for the debts
exceeding the value of the property donated, unless
a contrary intention clearly appears.
Article 759, Civil Code. There being no stipulation
regarding the payment of debts, the donee shall be
responsible therefor only when the donation has
been made in fraud of creditors.
The donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to
the donation.
E. By the Terms of the Usufruct
1. Pure: no terms or conditions
2. Conditional: either suspensive or resolutory
3. With a term or period
a. Ex die: from a certain day
b. In diem: up to a certain day
c. Ex die in diem: from a certain day up to
a certain day
CIVIL LAW REVIEWER Chapter VII. USUFRUCT

V. Rights of Usufructuary which it is found.

Nevertheless, when the discovery is made on the

A. As to Thing and Its Fruits property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof shall
1. Right to enjoy the property to the same be allowed to the finder. If the finder is a trespasser,
extent as the owner, but only with respect to he shall not be entitled to any share of the treasure.
its use and the receipt of its fruits.
If the things found be of interest to science of the
Article 566, Civil Code. The usufructuary shall be arts, the State may acquire them at their just price,
entitled to all the natural, industrial and civil fruits of which shall be divided in conformity with the rule
the property in usufruct. With respect to hidden stated.
treasure which may be found on the land or
tenement, he shall be considered a stranger. Fruits pending at the Fruits pending at the
beginning of the time of termination of
usufruct the usufruct
Usufructuary cannot extract products
which do not constitute fruits because
Belong to the Belong to the naked 184
usufructuary owner

PROPERTY
he is bound to preserve the form and Without need to The owner shall
substance of the thing. reimburse the expenses reimburse to the
Usufructuary rights may be transferred, to the owners usufructuary ordinary
assigned or otherwise disposed of by cultivation expenses
the usufructuary. from the proceeds of the
Not exempt from execution and can be fruits (not to exceed the
sold at public auction. value of the fruits)
rd
Without prejudice to the Rights of innocent 3
rd
2. As to hidden treasure, usufructuary is right of 3 persons e.g. if parties should not be
the fruits had been prejudiced.
considered a stranger without a right to a planted by a possessor
share, unless he is also the finder of the in good faith, the
treasure pending crop expenses
and charges shall be
Article 566, Civil Code. The usufructuary shall be prorated between said
entitled to all the natural, industrial and civil fruits of possessor and the
the property in usufruct. With respect to hidden usufructuary
treasure which may be found on the land or
tenement, he shall be considered a stranger. Fruits already matured at the time of the
termination of the usufruct, which
Article 438, Civil Code. Hidden treasure belongs to
ordinarily would have already been
the owner of the land, building, or other property on
which it is found. gathered by the usufructuary, may
remain ungathered for no fault imputable
Nevertheless, when the discovery is made on the to him, but because of malice or an act
rd
property of another, or of the State or any of its imputable to the naked owner or a 3
subdivisions, and by chance, one-half thereof shall person, or even due to force majeure or
be allowed to the finder. If the finder is a trespasser, fortuitous event.
he shall not be entitled to any share of the treasure.
4. Right to civil fruits
If the things found be of interest to science of the
arts, the State may acquire them at their just price,
Article 569, Civil Code. Civil fruits are deemed to
which shall be divided in conformity with the rule
stated. accrue daily, and belong to the usufructuary in
proportion to the time the usufruct may last.

Article 570, Civil Code. Whenever a usufruct is

3. Right to fruits pending at the beginning of
usufruct
Article 567, Civil Code. The usufructuary shall be
entitled to all the natural, industrial and civil fruits of
the property in usufruct. With respect to hidden
treasure which may be found on the land or
tenement, he shall be considered a stranger.
Article 438, Civil Code. Hidden treasure belongs to
the owner of the land, building, or other property on
constituted on the right to receive a rent or periodical
pension, whether in money or in fruits, or in the
interest on bonds or securities payable to bearer,
each payment due shall be considered as the
proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits
accruing from a participation in any industrial or
commercial enterprise, the date of the distribution of
which is not fixed, such benefits shall have the same
character.
CIVIL LAW REVIEWER Chapter VII. USUFRUCT

expire before the

In either case they shall be distributed as civil fruits, termination of the lease, he
and shall be applied in the manner prescribed in the or his heirs and successors
preceding article. shall receive only the
proportionate share of the
5. Right to enjoy any increase through rent that must be paid by
accessions and servitudes, including the lessee. (Art. 568, Civil
products of hunting and fishing Code)
It is the usufructuary and not the
Article 571, Civil Code. The usufructuary shall have naked owner who has the right
the right to enjoy any increase which the thing in
to choose the tenant.
usufruct may acquire through accession, the
servitudes established in its favor, and, in general, o As corollary to the right of
all the benefits inherent therein the usufructuary to all the
rent, to choose the tenant,
and to fix the amount of the
6. Right to lease the thing
rent, she necessarily has 185
the right to choose herself

PROPERTY
Article 572, Civil Code. The usufructuary may
personally enjoy the thing in usufruct, lease it to as the tenant thereof; and,
another, or alienate his right of usufruct, even by a as long as the obligations
gratuitous title; but all the contracts he may enter she had assumed towards
into as such usufructuary shall terminate upon the the owner are fulfilled.
expiration of the usufruct, saving leases of rural (Fabie v. Gutierrez David)
lands, which shall be considered as subsisting A lease executed by the owner
during the agricultural year.
before the creation of the
usufruct is not extinguished by
a. Exceptions:
such usufruct.
Legal usufructs cannot be leased.
Caucion juratoria (lease would
d. Limitations on the Right to Lease the
show that the usufructuary does not Property
need the property badly)
Usufructuary cannot alienate a thing
b. Effect of the transfer of right:
in usufruct
The transfer or lease of the usufruct
Cannot alienate or dispose of
does NOT terminate the relation of
the objects included in the
the usufructuary with the owner
usufruct
Death of the transferee does not
Cannot renounce a servitude
terminate the usufruct but it
Cannot mortgage or pledge a
terminates upon the death of the
thing
usufructuary who made the transfer.
EXCEPT: When the right of
c. Rules as to Lease
usufruct is converted into the
The property in usufruct may be
right of ownership
leased even without the consent of
o When the things are
the owner.
consumable (574);
The lease should be for the same
o When the things by their
period as the usufruct.
nature are intended for sale,
EXCEPT: leases of rural lands
such as the merchandise in
continues for the remainder of
a commercial
the agricultural year
establishment; and
A lease executed by the
o When the things, whatever
usufructuary before the
their nature, are delivered
termination of the usufruct and
under appraisal as
subsisting after the termination
equivalent to their sale
of the usufruct must be
respected, but the rents for the
Future crops may be sold but such
remaining period will belong to
sale would be void if not ratified by
the owner.
the owner.
o If the usufructuary has
The buyers remedy is to
leased the lands or
recover from the usufructuary.
tenements given in usufruct,
Only voluntary usufruct can be
and the usufruct should
alienated.
CIVIL LAW REVIEWER
The usufructuary-lessor is liable for
the act of the substitute.
A usufructuary who alienates or
leases his right of usufruct shall
answer for any damage which
the things in usufruct may suffer
through the fault or negligence
of the person who substitutes
him. (Art. 590, Civil Code)
7. Right to improve the thing, but improvement
inures for the benefit of the naked owner
Article 579, Civil Code. The usufructuary may
make on the property held in usufruct such useful
improvements or expenses for mere pleasure as he
may deem proper, provided he does not alter its
form or substance; but he shall have no right to be
indemnified therefor. He may, however, remove
such improvements, should it be possible to do so
without damage to the property.
Usufructuary is not entitled to
reimbursement.
Whenever the usufructuary can remove
the improvements without injury to the
property in usufruct, he has the right to
do so, and the owner cannot prevent
him from doing so even upon payment
of their value.
This right does not involve an obligation
if the usufructuary does not wish to
exercise it, he cannot be compelled by
the owner to remove the improvements.
This right to remove improvements can
be enforced only against the owner, not
against a purchaser in good faith to
whom a clean title has been issued.
Usufructuary may set off the
improvements against any damage to
the property
Article 580, Civil Code. The usufructuary may set
off the improvements he may have made on the
property against any damage to the same.
It is necessary that the
improvements should have
increased the value of the property,
and that the damages are imputable
to the usufructuary.
Increase in value and the amount of
damages are set off against each
other.
If the damages exceed the increase
in value, the difference should be
paid by the usufructuary as
indemnity.
Chapter VII. USUFRUCT
If the increase in value exceeds the
damages, and the improvements
are of such nature that they can be
removed without injury to the thing
in usufruct, the settlement of the
difference must be agreed upon by
the parties.
If the improvements cannot be
removed without injury, the excess
in value accrues to the owner.
Registration of improvements to
rd
protect usufructuary against 3 persons
B. As to the Legal Right of Usufruct Itself 186
PROPERTY
1. Right to mortgage right of usufruct
Article 572, Civil Code. The usufructuary may
personally enjoy the thing in usufruct, lease it to
another, or alienate his right of usufruct, even by a
gratuitous title; but all the contracts he may enter
into as such usufructuary shall terminate upon the
expiration of the usufruct, saving leases of rural
lands, which shall be considered as subsisting
during the agricultural year.
Does not include parental usufruct
because of personal and family
considerations.
2. Right to alienate the usufruct except in
purely personal usufructs or when title
constituting it prohibits the same
Parental usufruct is inalienable
VI. Rights of the Naked Owner
1. At the beginning of the usufruct (see
obligations of usufructuary at the beginning
of the usufruct)
2. During the usufruct
a. Retains title to the thing or property
b. He may alienate the property: he may
not alter the form or substance of the
thing; nor do anything prejudicial to the
usufructuary
Article 581, Civil Code. The owner of property the
usufruct of which is held by another, may alienate it,
but he cannot alter its form or substance, or do
anything thereon which may be prejudicial to the
usufructuary.
c. He may construct buildings, make
improvements and plantings, provided:
Value of the usufruct is not impaired
CIVIL LAW REVIEWER
Rights of the usufructuary are not
prejudiced
VII. Obligations of the Usufructuary
A. At the Beginning of Usufruct or Before
Exercising the Usufruct
Article 583, Civil Code. The usufructuary, before
entering upon the enjoyment of the property, is
obliged:
1. To make, after notice to the owner or his
legitimate representative, an inventory of all the
property, which shall contain an appraisal of the
movables and a description of the condition of
the immovables;
2. To give security, binding himself to fulfill the
obligations imposed upon him in accordance
with this Chapter.
[NOTE: These requirements are NOT conditions
precedent to the commencement of the right of
the usufructuary but merely to the entry upon the
possession and enjoyment of the property.]
To make an inventory
Requisites
a. Immovables must be described
b. Movables appraised because they are
easily lost or deteriorated.
Concurrence of the owner in the making of
the inventory
Expenses for the making of the inventory
are borne by the usufructuary
Inventory may be in a private document,
except when immovables are involved (a
rd
public instrument is prescribed to affect 3
persons)
Failure to make an inventory failure does not
affect the rights of the usufructuary to enjoy
the property and its fruits.
a. A prima facie presumption arises that
the property was received by the
usfructuary in good condition
b. Even if he is already in possession, he
may still be required to make an
inventory.
Exceptions to the requirement of
inventory
a. No one will be injured thereby
b. Title of the usufruct excuses the making
of the inventory
Article 585, Civil Code. The usufructuary, whatever
may be the title of the usufruct, may be excused
from the obligation of making an inventory or of
giving security, when no one will be injured thereby.
Chapter VII. USUFRUCT
Title constituting usufruct excused the
making of inventory
Title constituting usufruct already makes an
inventory
To give a bond for the faithful performance of
duties as usufructuary
Any kind of sufficient security is allowed, e.g.
cash, personal bond, mortgage
No bond is required in the following
a. No prejudice would result (Art. 585)
b. Usufruct is reserved by a donor (Art.
584)
Gratitude on the donees part
demands that the donor be excused 187
from filing the bond
PROPERTY
c. Title constituting usufruct excused
usufructuary
d. If usufructuary takes possession under a
caucion juratoria (Art. 587)
The security given may be by a
personal bond, a pledge, or a
mortgage.
It is only by way of exception that a
caucion juratoria is allowed, and
only under the special
circumstances:
o Proper court petition
o Necessity for delivery of
furniture, implements or house
included in the usufruct
o Approval of the court
o Sworn promise
A usufructuary under this can
neither alienate his right nor lease
the property, for that would mean
that he does not need the dwelling
or the implements and furniture.
Article 585, Civil Code. The share of the co-
owners, in the benefits as well as in the charges,
shall be proportional to their respective interests.
Any stipulation in a contract to the contrary shall be
void.
The portions belonging to the co-owners in the co-
ownership shall be presumed equal, unless the
contrary is proved.
Article 584, Civil Code. The provisions of No. 2 of
the preceding article shall not apply to the donor
who has reserved the usufruct of the property
donated, or to the parents who are usufructuaries of
their children's property, except when the parents
contract a second marriage.
Article 587, Civil Code. If the usufructuary who has
not given security claims, by virtue of a promise
under oath, the delivery of the furniture necessary
for his use, and that he and his family be allowed to
CIVIL LAW REVIEWER
live in a house included in the usufruct, the court
may grant this petition, after due consideration of the
facts of the case.
The same rule shall be observed with respect to
implements, tools and other movable property
necessary for an industry or vocation in which he is
engaged.
If the owner does not wish that certain articles be
sold because of their artistic worth or because they
have a sentimental value, he may demand their
delivery to him upon his giving security for the
payment of the legal interest on their appraised
value.
Effect of filing a bond
Article 588, Civil Code. After the security has been
given by the usufructuary, he shall have a right to all
the proceeds and benefits from the day on which, in
accordance with the title constituting the usufruct, he
should have commenced to receive them
Retroactivity: upon giving the security,
the usufructuary will be entitled to all the
benefits accruing since the time when
he should have begun to receive them.
Effect of failure to give bond
Article 586, Civil Code. Should the usufructuary fail
to give security in the cases in which he is bound to
give it, the owner may demand that the immovables
be placed under administration, that the movables
be sold, that the public bonds, instruments of credit
payable to order or to bearer be converted into
registered certificates or deposited in a bank or
public institution, and that the capital or sums in
cash and the proceeds of the sale of the movable
property be invested in safe securities.
The interest on the proceeds of the sale of the
movables and that on public securities and bonds,
and the proceeds of the property placed under
administration, shall belong to the usufructuary.
Furthermore, the owner may, if he so prefers, until
the usufructuary gives security or is excused from so
doing, retain in his possession the property in
usufruct as administrator, subject to the obligation to
deliver to the usufructuary the net proceeds thereof,
after deducting the sums which may be agreed upon
or judicially allowed him for such administration.
Right of the naked owner
o Potestative right; if he does not wish
to exercise it, he may deliver the
property to the usufructuary.
o Delivery, however, does not mean a
renunciation of the right to demand
security.
Chapter VII. USUFRUCT
o He shall have the ff. options:
1. Receivership of realty, sale of
movables, deposit of securities,
or investment of money; or
2. Retention of the property as
administrator.
o Net products less administration
expenses fixed by agreement or by
the Court, shall be delivered to the
usufructuary.
Right of the usufructuary
o He may alienate his right over the
property which he does not possess
in the same form as he holds it,
without prejudice to the right of the 188
transferee to give the required
PROPERTY
security.
B. During the Usufruct
To take care of the thing like a good father of
a family
Article 589, Civil Code. The usufructuary shall take
care of the things given in usufruct as a good father
of a family.
Article 610, Civil Code. A usufruct is not
extinguished by bad use of the thing in usufruct; but
if the abuse should cause considerable injury to the
owner, the latter may demand that the thing be
delivered to him, binding himself to pay annually to
the usufructuary the net proceeds of the same, after
deducting the expenses and the compensation
which may be allowed him for its administration.
1. When damages are caused to the property
by the fault or negligence of the
usufructuary, the naked owner need not wait
for the termination of the usufruct before
bringing the action to recover proper
indemnity.
2. The bad use of a thing, which causes
considerable injury, entitles the owner to
demand the delivery and administration of
the thing.
3. The exercise of this remedy does NOT
extinguish the usufruct.
To undertake ordinary repairs
Article 592, Civil Code. The usufructuary is obliged
to make the ordinary repairs needed by the thing
given in usufruct.
By ordinary repairs are understood such as are
required by the wear and tear due to the natural use
of the thing and are indispensable for its
preservation. Should the usufructuary fail to make
CIVIL LAW REVIEWER
them after demand by the owner, the latter may
make them at the expense of the usufructuary.
1. Ordinary repairs:
a. Deteriorations or defects arise from the
natural use of the thing;
b. Repairs are necessary for the
preservation of the thing.
2. The usufructuary is bound to pay only for the
repairs made during the existence of the
usufruct.
If the defects existed already at the time
the usufruct began, the obligation to
defray the ordinary repairs falls upon the
owner.
3. If the defects are caused by the ordinary use
of the thing, the usufructuary may exempt
himself from making the repairs by returning
to the owner the fruits received during the
time that the defects took place.
EXCEPT: When the ordinary repairs are
due to defects caused by the fault of the
usufructuary
4. If the usufructuary fails to make the repairs
even after demand, the owner may make
them at the expense of the usufructuary
To notify owner of need to undertake
extraordinary repairs
Article 593, Civil Code. Extraordinary repairs shall
be at the expense of the owner. The usufructuary is
obliged to notify the owner when the need for such
repairs is urgent.
Article 594, Civil Code. If the owner should make
the extraordinary repairs, he shall have a right to
demand of the usufructuary the legal interest on the
amount expended for the time that the usufruct lasts.
Should he not make them when they are
indispensable for the preservation of the thing, the
usufructuary may make them; but he shall have a
right to demand of the owner, at the termination of
the usufruct, the increase in value which the
immovable may have acquired by reason of the
repairs.
1. Extraordinary repairs
a. Those caused by exceptional
circumstances, whether or not they are
necessary for the preservation of the
thing;
b. Those caused by the natural use of the
thing, but are not necessary for its
preservation.
Chapter VII. USUFRUCT
2. General Rule: Naked owner must make the
extraordinary repairs
Usufructuary obliged to pay legal
interest on the amount while usufruct
lasts
3. If the extraordinary repairs are
indispensable, and the naked owner fails to
undertake them, the usufructuary may make
such repairs
Requisites:
a. There must be due notification to
the naked owner of the urgency if
it is not urgent, there is no obligation
to give notice.
b. The naked owner failed to make 189
them
PROPERTY
c. The repair is needed for
preservation
The usufructuary who has made the
extraordinary repairs necessary for
preservation, is entitled to recover from
the owner the increase in value which
the tenement acquired by reason of
such works.
Usufructuary may retain until he is paid.
To pay for annual charges and taxes on the
fruits
Article 596, Civil Code. The payment of annual
charges and taxes and of those considered as a lien
on the fruits, shall be at the expense of the
usufructuary for all the time that the usufruct lasts.
Article 597, Civil Code. The taxes which, during the
usufruct, may be imposed directly on the capital,
shall be at the expense of the owner.
If the latter has paid them, the usufructuary shall pay
him the proper interest on the sums which may have
been paid in that character; and, if the said sums
have been advanced by the usufructuary, he shall
recover the amount thereof at the termination of the
usufruct.
Article 612, Civil Code. Upon the termination of the
usufruct, the thing in usufruct shall be delivered to
the owner, without prejudice to the right of retention
pertaining to the usufructuary or his heirs for taxes
and extraordinary expenses which should be
reimbursed. After the delivery has been made, the
security or mortgage shall be cancelled.
It is well settled that a real tax, being a
burden upon the capital, should be paid
by the owner of the land and not by a
usufructuary. There is no merit in the
contention of distinguishing public lands
into alienable and indisposable. All
CIVIL LAW REVIEWER
properties owned by the government,
without any distinction, are exempt from
taxation. (Board of Assessment
Appeals of Zamboanga del Sur v.
Samar Mining Company, Inc.)
To notify owner of any act detrimental to
ownership
Article 601, Civil Code. The usufructuary shall be
obliged to notify the owner of any act of a third
person, of which he may have knowledge, that may
be prejudicial to the rights of ownership, and he shall
be liable should he not do so, for damages, as if
they had been caused through his own fault.
To shoulder the costs of litigation re
usufruct
Article 602, Civil Code. The expenses, costs and
liabilities in suits brought with regard to the usufruct
shall be borne by the usufructuary.
To answer for fault or negligence of alienee,
lessee or agent of usufructuary
Article 590, Civil Code. A usufructuary who
alienates or leases his right of usufruct shall answer
for any damage which the things in usufruct may
suffer through the fault or negligence of the person
who substitutes him. (498)
The usufructuary is made liable for the
acts of the substitute. While the
substitute answers to the usufructuary,
the usufructuary answers to the naked
owner.
C. At the Time of the Termination of the
Usufruct
To deliver the thing in usufruct to the
owner in the condition in which he has
received it, after undertaking ordinary
repairs
Exception: abnormal usufruct return
the thing of same kind, quantity and
quality; if with appraised value, must
return value appraised
VIII. Special Cases of Usufruct
A. Usufruct over a pension or periodical
income
Article 570, Civil Code. Whenever a usufruct is
constituted on the right to receive a rent or periodical
pension, whether in money or in fruits, or in the
Chapter VII. USUFRUCT
interest on bonds or securities payable to bearer,
each payment due shall be considered as the
proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits
accruing from a participation in any industrial or
commercial enterprise, the date of the distribution of
which is not fixed, such benefits shall have the same
character.
In either case they shall be distributed as civil fruits,
and shall be applied in the manner prescribed in the
preceding article.
B. Usufruct of property owned in common
Article 582, Civil Code. The usufructuary of a part 190
of a thing held in common shall exercise all the
PROPERTY
rights pertaining to the owner thereof with respect to
the administration and the collection of fruits or
interest. Should the co-ownership cease by reason
of the division of the thing held in common, the
usufruct of the part allotted to the co-owner shall
belong to the usufructuary.
1. The usufructuary takes the place of the
owner as to:
a. Management;
b. Fruits; and
c. Interest
2. Effect of partition:
a. The right of the usufructuary is not
affected by the division of the property in
usufruct among the co-owners.
b. After partition, the usufruct is transferred
to the part allotted to the co-owner
C. Usufruct constituted on a flock or herd of
livestock
Article 591, Civil Code. If the usufruct be
constituted on a flock or herd of livestock, the
usufructuary shall be obliged to replace with the
young thereof the animals that die each year from
natural causes, or are lost due to the rapacity of
beasts of prey.
If the animals on which the usufruct is constituted
should all perish, without the fault of the
usufructuary, on account of some contagious
disease or any other uncommon event, the
usufructuary shall fulfill his obligation by delivering to
the owner the remains which may have been saved
from the misfortune.
Should the herd or flock perish in part, also by
accident and without the fault of the usufructuary,
the usufruct shall continue on the part saved.
Should the usufruct be on sterile animals, it shall be
considered, with respect to its effects, as though
constituted on fungible things.
CIVIL LAW REVIEWER
1. On sterile stock: same rules on
consumable property govern (i.e.
replacement upon termination)
2. On fruitful stock
a. Must replace ordinary losses of the
stock with the young if:
Some animals die from natural
causes
Some animals are lost due to
rapacity of beasts of prey
b. There is no obligation to replace if:
There is a total loss of animals
because of some unexpected or
unnatural loss (like contagious
disease or any other uncommon
event, provided the usufructuary has
no fault);
If all perish, the usufructuary
should deliver the remains to
the owner.
There is a partial loss
If a part of the stock perishes,
the usufruct subsists on the
remainder.
D. Usufruct over fruit bearing trees and
sprout and woodlands
Article 575, Civil Code. The usufructuary of fruit-
bearing trees and shrubs may make use of the dead
trunks, and even of those cut off or uprooted by
accident, under the obligation to replace them with
new plants.
Article 576, Civil Code. If the owner should make
the extraordinary repairs, If in consequence of a
calamity or extraordinary event, the trees or shrubs
shall have disappeared in such considerable number
that it would not be possible or it would be too
burdensome to replace them, the usufructuary may
leave the dead, fallen or uprooted trunks at the
disposal of the owner, and demand that the latter
remove them and clear the land.
The usufructuary can:
1. Use dead trunks and those cut off or
uprooted by accident.
2. Make usual cuttings that owner used to do.
3. Cut the trees that are not useful
E. Usufruct on a right of action
Article 578, Civil Code. The usufructuary of an
action to recover real property or a real right, or any
movable property, has the right to bring the action
and to oblige the owner thereof to give him the
authority for this purpose and to furnish him
whatever proof he may have. If in consequence of
Chapter VII. USUFRUCT
the enforcement of the action he acquires the thing
claimed, the usufruct shall be limited to the fruits, the
dominion remaining with the owner.
1. The action may be instituted in the
usufructuarys name. As the owner of the
usufruct, he is properly deemed a proper
party in interest.
2. If the purpose is the recovery of the property
or right, he is still required under 578 to
obtain the naked owners authority.
3. If the purpose is to object to or prevent
disturbances over the property, no special
authority from the naked owner is needed.
191
F. Usufruct on mortgaged property
PROPERTY
Article 600, Civil Code. The usufructuary of a
mortgaged immovable shall not be obliged to pay
the debt for the security of which the mortgage was
constituted.
Should the immovable be attached or sold judicially
for the payment of the debt, the owner shall be liable
to the usufructuary for whatever the latter may lose
by reason thereof.
1. When the usufruct is universal and some
objects are mortgaged, apply Art. 598.
2. If the usufructuary mortgaged the usufruct
himself, he is liable to pay his own debt.
G. Usufruct over an entire patrimony
Article 598, Civil Code. If the usufruct be
constituted on the whole of a patrimony, and if at the
time of its constitution the owner has debts, the
provisions of Articles 758 and 759 relating to
donations shall be applied, both with respect to the
maintenance of the usufruct and to the obligation of
the usufructuary to pay such debts
The same rule shall be applied in case the owner is
obliged, at the time the usufruct is constituted, to
make periodical payments, even if there should be
no known capital.
1. Applies when:
a. If the usufruct is a universal one
b. And the naked owner Has debts or is
obliged to make periodical payments
(whether or not there be known capital)
2. General rule: the usufructuary is not liable
for the owners debts.
3. Exceptions:
a. When it is so stipulated; in which case
The usufructuary shall be liable for
the debt specified.
CIVIL LAW REVIEWER
If there is no specification, he is
liable only for debts incurred by the
owner before the usufruct was
constituted.
b. When the usufruct is constituted in fraud
of creditors
4. In no case shall the usufructuary be
responsible for debts exceeding the benefits
under the usufruct. (except when the
contrary intention appears)
H. Usufruct over deteriorable property
Article 573, Civil Code. Whenever the usufruct
includes things which, without being consumed,
gradually deteriorate through wear and tear, the
usufructuary shall have the right to make use thereof
in accordance with the purpose for which they are
intended, and shall not be obliged to return them at
the termination of the usufruct except in their
condition at that time; but he shall be obliged to
indemnify the owner for any deterioration they may
have suffered by reason of his fraud or negligence.
1. It is sufficient if the usufructuary returns the
things in the condition in which they may
have been found at the time of the expiration
of the usufruct despite ordinary defects
caused by use and deterioration produced
by age and time.
EXCEPT when caused by the
usufructuarys fraud and negligence.
2. If usufructuary does not return the things
upon the expiration of the usufruct, he
should pay an indemnity equivalent to the
value of the things at the time of such
expiration.
I. Usufruct over consumable property
Article 574, Civil Code. Whenever the usufruct
includes things which cannot be used without being
consumed, the usufructuary shall have the right to
make use of them under the obligation of paying
their appraised value at the termination of the
usufruct, if they were appraised when delivered. In
case they were not appraised, he shall have the
right to return at the same quantity and quality, or
pay their current price at the time the usufruct
ceases.
Abnormal Usufruct
If the thing is appraised at delivery, the
usufructuary must pay their appraised
value at the termination of the usufruct.
If they were not appraised, he must
return the same kind and quality or pay
the current price at the expiration of the
usufruct.
Chapter VII. USUFRUCT
IX. Extinguishment of Usufruct
Article 603, Civil Code. Usufruct is extinguished:
1. By the death of the usufructuary, unless a
contrary intention clearly appears;
2. By the expiration of the period for which it was
constituted, or by the fulfillment of any
resolutory condition provided in the title creating
the usufruct;
3. By merger of the usufruct and ownership in the
same person;
4. By renunciation of the usufructuary;
5. By the total loss of the thing in usufruct;
6. By the termination of the right of the person
constituting the usufruct;
7. By prescription.
192
PROPERTY
A. Death of usufructuary
Exceptions
1. In multiple usufructs: it ends at the death of
the last survivor
Article 611, Civil Code. A usufruct constituted in
favor of several persons living at the time of its
constitution shall not be extinguished until death of
the last survivor.
a. If simultaneously constituted: all the
usufructuaries must be alive (or at least
conceived) at the time of constitution.
b. If successively constituted:
If by virtue of donation all the
donees-usufructuaries must be
living at the time of the donation;
If by will there should only be 2
successive usufructuaries and both
must have been alive at the time of
testators death.
2. If the period is fixed by reference to the life
of another or there is a resolutory condition
Death does not affect the usufruct and
the right is transmitted to the heirs of the
usfructuary until the expiration of the
term or the fulfillment of the condition.
Article 606, Civil Code. A usufruct granted for the
time that may elapse before a third person attains a
certain age, shall subsist for the number of years
specified, even if the third person should die before
the period expires, unless such usufruct has been
expressly granted only in consideration of the
existence of such person.
3. When a contrary intention clearly appears
If the usufructuary dies before the
happening of a resolutory condition, the
usufruct is extinguished.
CIVIL LAW REVIEWER
st
1 view: usufruct is personal and it
CANNOT be extended beyond the
lifetime of the usufructuary. (Sanchez
Roman and SC)
B. Expiration of period or fulfillment of
resolutory condition imposed on
usufruct by person constituting the
usufruct
1. In favor of juridical persons: period cannot
exceed 50yrs.
Article 605, Civil Code. Usufruct cannot be
constituted in favor of a town, corporation, or
association for more than fifty years. If it has been
constituted, and before the expiration of such period
the town is abandoned, or the corporation or
association is dissolved, the usufruct shall be
extinguished by reason thereof.
rd
2. Time that may elapse before a 3 person
attains a certain age, even if the latter dies
before period expires, unless granted only in
consideration of his existence
Article 606, Civil Code. A usufruct granted for the
time that may elapse before a third person attains a
certain age, shall subsist for the number of years
specified, even if the third person should die before
the period expires, unless such usufruct has been
expressly granted only in consideration of the
existence of such person.
C. Merger of rights of usufruct and naked
ownership in one person
Illustration: H was the usufructuary of
land owned by X. x dies, leaving in his
will, the naked ownership of the land to
H. the usufruct is extinguished because
now H is both the naked owner and the
usufructuary.
D. Renunciation of usufruct
1. Waiver: voluntary surrender of the rights of
the usufructuary, made by him with intent to
surrender them
2. Limitations
a. Must be express: tacit renunciation is
not sufficient
b. Does not need the consent of naked
owner
c. If made in fraud of creditors, waiver may
be rescinded by them through action
under Article 1381 (accion pauliana)
E. Extinction or loss of property
If destroyed property is not insured
Chapter VII. USUFRUCT
Article 607, Civil Code. If the usufruct is constituted
on immovable property of which a building forms
part, and the latter should be destroyed in any
manner whatsoever, the usufructuary shall have a
right to make use of the land and the materials.
The same rule shall be applied if the usufruct is
constituted on a building only and the same should
be destroyed. But in such a case, if the owner
should wish to construct another building, he shall
have a right to occupy the land and to make use of
the materials, being obliged to pay to the
usufructuary, during the continuance of the usufruct,
the interest upon the sum equivalent to the value of
the land and of the materials.
Article 608, Civil Code. If the usufructuary shares 193
with the owner the insurance of the tenement given
PROPERTY
in usufruct, the former shall, in case of loss, continue
in the enjoyment of the new building, should one be
constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to
rebuild.
Should the usufructuary have refused to contribute
to the insurance, the owner insuring the tenement
alone, the latter shall receive the full amount of the
insurance indemnity in case of loss, saving always
the right granted to the usufructuary in the preceding
article.
See Summary of Arts. 607 and 608
F. Termination of right of person
constituting the usufruct
Example: usufructs constituted by a
vendee a retro terminate upon
redemption
G. Prescription
Adverse possession against the owner
or the usfructuary.
It is not the non-use which extinguishes
the usufruct by prescription, but the use
rd
by a 3 person.
There can be no prescription as long as
the usfructuary receives the rents from
the lease of the property, or he enjoys
the price of the sale of his right.
CIVIL LAW REVIEWER Chapter VII. USUFRUCT

SUMMARY (ARTS. 607 AND 708)

SITUATION EFFECT
Art. 607
If destroyed property is not insured
If the building forms part of an immovable under Usufruct continues over the land and the remaining
usufruct materials
If usufruct is on the building only Usufruct continues over the land and materials (plus
interests), if owner does not rebuild
If owner rebuilds, usufructuary must allow owner to
occupy the land and to make use of materials; but the
owner must pay interest on the value of both the land
and the materials.
Art. 608 194
If destroyed property is insured before termination of the usufruct

When insurance premium paid by owner and
usufructuary (par. 1)
When the insurance taken by the naked owner
only because usufructuary refuses to contribute to usufructuary)
the premium (par. 2)
PROPERTY
If owner rebuilds, usufruct subsists on new building
If owner does not rebuild interest upon insurance
proceeds paid to usufructuary
Owner entitled to insurance money (no interest paid to
If he does not rebuild, usufruct continues over
remaining land and/or owner may pay interest on
value of both materials and land (607)
If owner rebuilds, usufruct does not continue on new
building, but owner must pay interest on value of land
and old materials

When insurance taken by usufructuary only Insurance proceeds goes to the usufructuary
depends on value of usufructuarys insurable No obligation to rebuild
interest Usufruct continues on the land
Owner has not share in insurance proceeds

indemnity, each owns the indemnity given to

X. Conditions Not Affecting Usufruct him, the usufruct being totally extinguished.

3. If usufructuary alone was given the

A. Expropriation of thing in usufruct
Article 609, Civil Code. Should the thing in usufruct
be expropriated for public use, the owner shall be
obliged either to replace it with another thing of the
same value and of similar conditions, or to pay the
usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the
owner chooses the latter alternative, he shall give
security for the payment of the interest.
3 SITUATIONS
1. If naked owner alone was given the
indemnity, he has the option:
a. To replace with equivalent thing
b. Or to pay to the usufructuary legal
interest on the indemnity requires
security given by the naked owner for
the payment of the interest
2. If both the naked owner and the
usufructuary were separately given
indemnity, he must give it to the naked
owner and compel the latter to return either
the interest or to replace the property. He
may even deduct the interest himself, if the
naked owner fails to object.
B. Bad use of thing in usufruct
Article 610, Civil Code. A usufruct is not
extinguished by bad use of the thing in usufruct; but
if the abuse should cause considerable injury to the
owner, the latter may demand that the thing be
delivered to him, binding himself to pay annually to
the usufructuary the net proceeds of the same, after
deducting the expenses and the compensation
which may be allowed him for its administration.
Does not extinguish the usufruct but
1. Entitles the owner to demand delivery and
administration of the thing.
CIVIL LAW REVIEWER Chapter VII. USUFRUCT

2. The bad use must cause considerable injury

not to the thing, but to the owner.

C. Destruction if a building over which the

usufruct is constituted (Arts. 607 and
608)

195

PROPERTY
CIVIL LAW REVIEWER
Chapter VIII. Easement
I. CONCEPT
II. ESSENTIAL FEATURES OF
EASEMENTS/REAL
III. CLASSIFICATION OF SERVITUDES
IV. GENERAL RULES ON SERVITUDE
V. MODES OF ACQUIRING EASEMENTS
A. BY TITLE
B. BY PRESCRIPTION
VI. RIGHTS AND OBLIGATIONS OF OWNERS
A. OF DOMINANT ESTATE
B. OF SERVIENT ESTATE
VII. MODES OF EXTINGUISHMENT OF
EASEMENTS
VIII. LEGAL EASEMENTS
I. Concept
Art. 613, Civil Code. An easement or servitude is an
encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different
owner.
The immovable in favor of which the easement is
established is called the dominant estate; that which
is subject thereto, the servient estate. (530)
A real right which burdens a thing with a
prestation of determinate servitudes for the
exclusive enjoyment of one who is NOT an
owner of a tenement
A real right by virtue of which the owner has
to ABSTAIN from doing or ALLOW
somebody else to do something to his
property for the benefit of another
II. Essential Features
1. It is a real right it gives an action in rem
or real action against any possessor of
the servient estate
o Owner of the dominant estate can file a
real action for enforcement of right to an
easement
o Action in rem: an action against the
thing itself, instead of against the
person.
2. It is a right enjoyed over another property
(jus in re aliena) it cannot exist in ones
property (nulli res sua servit)
o When a dominant and servient estate
have the same owner, an easement is
extinguished. Separate ownership is a
prerequisite to an easement.
Chapter VIII. EASEMENT
3. It is a right constituted over an
immovable by nature (land and
buildings), not over movables. (Article
613)
o Immovable: used in its common and
not in the legal sense, meaning only
property immovable BY NATURE can
have easements.
4. It limits the servient owners right of
ownership for the benefit of the dominant
estate.
o Right of limited use but no right to
possess servient estate.
o There exists a limitation on ownership:
the dominant owner is allowed to enjoy 196
or use part of the servient estate, or
PROPERTY
imposes on the owner a restriction as to
his enjoyment of his own property.
o Being an abnormal limitation of
ownership, it cannot be
presumed.
5. It creates a relation between tenements
o No transfer of ownership, but a
relationship is created, depending on the
easement.
6. Generally, it may consist in the owner of
the dominant estate demanding that the
owner of the servient estate refrain from
doing something (servitus in non
faciendo) or that the latter permit that
something be done over the servient
property (servitus in patendo), but not in
the right to demand that the owner of the
servient right to demand that the owner
of the servient estate do something
(servitus in faciendo) except if such act
is an accessory obligation to a preadial
servitude (obligation propter rem)
o Servient owner merely allows something
to be done to his estate.
o EXCEPTIONS: Praedial servitudes
a. Right to place beams in an adjoining
wall to support a structure
b. Right to use anothers wall to
support a building
7. It is inherent or inseparable from estate
to which they actively or passively
belong
Art. 617, Civil Code. Easements are inseparable
from the estate to which they actively or passively
belong.
CIVIL LAW REVIEWER
o Easements are merely accessory to the
tenements, and a quality thereof. They
cannot exist without tenements.
o Easements exist even if they are not
expressly stated or annotated as an
encumbrance of the titles.
8. It is intransmissible it cannot be
alienated separately from the tenement
affected or benefited
o Any alienation of the property covered
carries with it the servitudes affecting
said property. But this affects only the
portion of the tenement with the
easement, meaning the portions
unaffected can be alienated without the
servitude.
9. It is indivisible
Art. 618, Civil Code. Easements are indivisible. If the
servient estate is divided between two or more
persons, the easement is not modified, and each of
them must bear it on the part which corresponds to
him.
If it is the dominant estate that is divided between two
or more persons, each of them may use the easement
in its entirety, without changing the place of its use, or
making it more burdensome in any other way.
10. It has permanence once it attaches,
whether used or not, it continues and
may be used at anytime
o Perpetual: exists as long as property
exists, unless it is extinguished.
III. Classification of Servitudes
1. As to recipient of benefits
a. Real or Praedial: exists for the benefit of
a particular tenement.
b. Personal: exists for the benefit of
persons without a dominant tenement
e.g. usus habitatio (right to reside in a
house) and operae servorum (right to
the labor of slaves) in Roman Law
2. As to cause or origin
a. Legal: created by law, whether for public
use or for the interest of private persons
o Once requisites are satisfied, the
owner of the dominant estate may
ask the Court to declare that an
easement is created.
o Example: Natural drainage of
waters, Abutment of land, Aqueduct,
etc.
Chapter VIII. EASEMENT
b. Voluntary: Created by the will of the
owners of the estate through contract
*** There is no such thing as a JUDICIAL
EASEMENT. The Courts cannot create
easements, they can only declare the existence
of one, if it exists by virtue of the law or will of
the parties.
3. As to its exercise (Article 615)
Art. 615, Civil Code. Easements may be continuous
or discontinuous, apparent or nonapparent.
Continuous easements are those the use of which is 197
or may be incessant, without the intervention of any
PROPERTY
act of man.
Discontinuous easements are those which are used at
intervals and depend upon the acts of man.
Apparent easements are those which are made
known and are continually kept in view by external
signs that reveal the use and enjoyment of the same.
Nonapparent easements are those which show no
external indication of their existence. (532)
This classification is important in
determining prescription: only continuous
and apparent easements can be created by
prescription
Continuous: Use is or may be incessant,
without the intervention of any man
Discontinuous: Used at intervals, and
dependent upon the acts of man.
4. As indication of its existence
Also important for purposes of prescription
Apparent: Made known and continually
kept in view by external signs that reveal
the use and enjoyment of the same
Non-apparent: No external indication of
their existence
5. By the object or obligation imposed
(Article 616)
a. Positive: Imposes upon the owner of the
servient estate the obligation of allowing
something to be done, or doing it himself
b. Negative: Prohibits the owner of the
servient estate from doing something
which he could lawfully do if the
easement did not exist.
o Prescription starts to run from
service of notarial prohibition)
o e.g. Negative Easement of Light
and View: An opening is made on
CIVIL LAW REVIEWER
the wall of the dominant estate, and
the easement consists of imposing
upon the servient estate the
obligation to not build anything that
would obstruct the light
IV. General Rules Relating to Servitudes
1. Nulli res sua servi: No one can have a
servitude over ones own property
2. Servitus in faciendo consistere nequit: A
servitude cannot consist in doing
o Although some easements seem to
impose a positive prestation upon the
owner of the servient estate, in reality,
the primary obligation is still negative.
o Illustration: Under Article 680: the owner
of a tree whose branches extend over to
a neighboring property is required to cut
off the extended branches, but the real
essence of the easement is the
obligation NOT TO ALLOW the
branches of the tree to extend beyond
the land
3. Servitus servitutes esse non potes: There
can be no servitude over another servitude
4. A servitude must be exercised civiliter
in a way least burdensome to the owner of
the land
5. A servitude must have a perpetual cause
V. Modes of Acquiring Easements
A. By Title juridical act which gives rise
to the servitude (e.g. law, donations,
contracts or wills)
Because the road was voluntarily created as a
servitude by the owner, he may close it at his
pleasure. But while the road is open, he may not
capriciously exclude the owner of the tuba saloon
from its use. (North Negros Sugar v. Hidalgo)
1. If easement has been acquired but no proof
of existence of easement available, and
easement is one that cannot be acquired by
prescription
Article 623, Civil Code. The absence of a document
or proof showing the origin of an easement which
cannot be acquired by prescription may be cured by a
deed of recognition by the owner of the servient
estate or by a final judgment.
Chapter VIII. EASEMENT
The defect may be cured by:
a. Deed of recognition by owner of servient
estate: By affidavit or a formal deed
acknowledging the servitude
b. By final judgment: Owner of the
dominant estate must file a case in
Court to have the easement declared by
proving its existence through other
evidence
2. Existence of an apparent sign considered as
title
Article 624, Civil Code. The existence of an apparent
sign of easement between two estates, established or 198
maintained by the owner of both, shall be considered,
PROPERTY
should either of them be alienated, as a title in order
that the easement may continue actively and
passively, unless, at the time the ownership of the two
estates is divided, the contrary should be provided in
the title of conveyance of either of them, or the sign
aforesaid should be removed before the execution of
the deed. This provision shall also apply in case of the
division of a thing owned in common by two or more
persons.
o Illustration: The presence of 4 windows
was considered an apparent sign which
created a negative easement of light
and view (altius non tollendi) i.e. not to
build a structure that will cover the
windows. (Amor v. Florentino)
B. By Prescription
Requisites
1. Easement must be continuous and
apparent.
Although the road had been used for
more than 20 years, since an easement
of right of way is a discontinuous
easement, it CANNOT be acquired by
prescription because of the requirement
of continuous or uninterrupted
possession. Since the dominant owner
cannot be continually and
uninterruptedly crossing the servient
estate, but can do so only at intervals,
the easement is necessarily of an
intermittent or discontinuous nature.
(Ronquillo v. Roco)Sasa
2. Easement must have existed for 10 years.
3. NO NEED for good faith or just title.
CIVIL LAW REVIEWER
VI. Rights and Obligations of Owners of
Dominant and Servient Estates
A. Of Dominant Estate
1. Right of owner of dominant estate
(Limited Jus Utendi: limited by the nature of
the easement itself)
a. To use the easement and exercise all
rights necessary for it
Article 625, Civil Code. Upon the establishment of
an easement, all the rights necessary for its use are
considered granted.
Article 626, Civil Code. The owner of the dominant
estate cannot use the easement except for the benefit
of the immovable originally contemplated. Neither can
he exercise the easement in any other manner than
that previously established.
o Owner of the dominant estate is
granted the right to use the principal
easement, and all accessory
servitudes
o Example: Easement of drawing
water carries with it the easement of
right of way to the place where
water is drawn.
o Limitation: Only for the original
immovable and the original purpose
b. To do at his expense, all necessary
works for the use and preservation of
the easement
Article 627, Civil Code. The owner of the dominant
estate may make, at his own expense, on the servient
state any works necessary for the use and
preservation of the servitude, but without altering it or
rendering it more burdensome.
For this purpose he shall notify the owner of the
servient estate, and shall choose the most convenient
time and manner so as to cause the least
inconvenience to the owner of the servient estate.
o Necessity of the works determine
extent of such works.
c. In a right of way, to ask for change in
width of easement sufficient for
needs
Article 651, Civil Code. The width of the easement of
right of way shall be that which is sufficient for the
needs of the dominant estate, and may accordingly be
changed from time to time.
Chapter VIII. EASEMENT
Encarnacion v. Court of Appeals: The Court
granted the modification of the easement stating that
under the law, the needs of the dominant property
ultimately determine the width of the passage. And
these needs may vary from time to time. When
petitioner started out as a plant nursery operator, he
and his family could easily make do with a few
pushcarts to tow the plants to the national highway.
But the business grew and with it the need for the use
of modern means of conveyance or transport.
Petitioner should not be denied a passageway wide
enough to accomodate his jeepney since that is a
reasonable and necessary aspect of the plant nursery
business.
2. Obligations of the owner of dominant
estate 199
PROPERTY
a. To use the easement for benefit of
immovable and in the manner
originally established
o Article 626 (supra): Right to use
the easement for the benefit of the
immovable originally contemplated,
and in the manner originally
established.
o If established for a particular
purpose, the easement cannot be
used for a different one. However, if
established in a general way,
without specific purpose, the
easement can be used for all the
needs of the dominant estate.
b. To notify owner of servient before
making repairs and to make repairs in
a manner least inconvenient to
servient estate
o Article 627(2) (supra): Notify the
owner of the servient estate before
making repairs and choosing the
most convenient time and manner
so as to cause the least
inconvenience to the owner of the
servient estate.
c. Not to alter easement or render it more
burdensome
o Article 627 (supra): Owner of
dominant estate may make repairs
at his expense, but cannot alter the
easement or make it more
burdensome.
o Court allowed Central to use the
right of way to transport the
additional sugar. This did not make
the easement more burdensome nor
did it alter it. What is prohibited is
extending the road or repairing it or
depositing excavations outside the
CIVIL LAW REVIEWER
area. But the additional use
produced no such effects.
(Valderama v. North Negros)
d. To contribute to expenses of works
necessary for use and preservation
of servitude, if there are several
dominant estates, unless he
renounces his interest
Article 628, Civil Code. Should there be several
dominant estates, the owners of all of them shall be
obliged to contribute to the expenses referred to in the
preceding article, in proportion to the benefits which
each may derive from the work. Any one who does
not wish to contribute may exempt himself by
renouncing the easement for the benefit of the others.
If the owner of the servient estate should make use of
the easement in any manner whatsoever, he shall
also be obliged to contribute to the expenses in the
proportion stated, saving an agreement to the
contrary.
B. Of Servient Estate
1. Rights of owner of servient estate
a. To retain ownership and use of his
property
o The owner of the servient estate
retains the ownership of the portion
on which the easement is
established, and may use the same
in such a manner as not to affect the
exercise of the easement. (Art. 630,
Civil Code)
o Servient owner must respect the use
of the servitude, but retains
ownership and use of the same, in a
manner not affecting the easement.
b. To change the place and manner of
the use of the easement
Article 629, Civil Code. The owner of the servient
estate cannot impair, in any manner whatsoever, the
use of the servitude
Nevertheless, if by reason of the place originally
assigned, or of the manner established for the use of
the easement, the same should become very
inconvenient to the owner of the servient estate, or
should prevent him from making any important works,
repairs or improvements thereon, it may be changed
at his expense, provided he offers another place or
manner equally convenient and in such a way that no
injury is caused thereby to the owner of the dominant
estate or to those who may have a right to the use of
the easement.
Chapter VIII. EASEMENT
o REQUISITES if change will cause
prejudice to the dominant owner nor
impair the use of the servitude:
By reason of the place/manner
originally assigned, the use of
such easement has become
VERY INCONVENIENT to the
owner
The easement should prevent
him from making any important
works, repairs or improvements
thereon
Change must be done at his
expense
He offers another place or
manner equally convenient 200
In such a way that no injury is
PROPERTY
caused by the change to the
owner of the dominant estate or
to those who may have a right
to use the easement
c. To use the easement
o May use the easement but must
also contribute proportionately to the
expenses
2. Obligations of the servient estate
a. Not to impair the use of the easement
o The owner of the servient estate
cannot impair, in any manner
whatsoever, the use of the
servitude. (Art. 629(1), Civil Code)
b. To contribute proportionately to
expenses if he uses the easement
o If the owner of the servient estate
should make use of the easement in
any manner whatsoever, he shall
also be obliged to contribute to the
expenses in the proportion stated,
saving an agreement to the contrary
(Art. 628(2), Civil Code)
VII. Modes of Extinguishment of
Easements
Article 631, Civil Code. Easements are extinguished:
1. By merger in the same person of the ownership
of the dominant and servient estates;
2. By nonuser for ten years; with respect to
discontinuous easements, this period shall be
computed from the day on which they ceased to
be used; and, with respect to continuous
easements, from the day on which an act
contrary to the same took place;
3. When either or both of the estates fall into such
condition that the easement cannot be used; but
it shall revive if the subsequent condition of the
estates or either of them should again permit its
CIVIL LAW REVIEWER
use, unless when the use becomes possible,
sufficient time for prescription has elapsed, in
accordance with the provisions of the preceding
number;
4. By the expiration of the term or the fulfillment of
the condition, if the easement is temporary or
conditional;
5. By the renunciation of the owner of the dominant
estate;
6. By the redemption agreed upon between the
owners of the dominant and servient estates.
(546a)
Modes of Extinguishment
1. Merger: must be absolute, perfect and
definite, not merely temporary
o Absolute: Ownership of the property
must be absolute, thus not applicable to
lease, usufruct, etc.
o Perfect: Merger must not be subject to
a condition
o If the merger is temporary, there is at
most a suspension of the easement, but
no extinguishment.
2. By non-user for 10 years
o Owner of dominant estate does not
exercise right over easement.
o Inaction, not outright renunciation.
o Due to voluntary abstention by the
dominant owner, and not to a fortuitous
event
o Computation of the period
Discontinuous easements: counted
from the day they ceased to be used
Continuous easements: counted
from the day an act adverse to the
exercise of the easement took place
E.g. in an easement of light and
view, the erection of works
obstructing the servitude would
commence the period of
prescription
o Use by a co-owner of the dominant
estate bars prescription with respect to
the others
o Servitudes not yet exercised cannot be
extinguished by non-user
An easement must have first been
used, before it can be extinguished
by inaction.
3. Extinguishment by impossibility of use
o Impossibility referred to must render the
entire easement unusable for all time.
o Impossibility of using the easement due
to the condition of the tenements (e.g.
flooding) only suspends the servitude
until it can be used again.
Chapter VIII. EASEMENT
o EXCEPT: If the suspension exceeds 10
years, the easement is deemed
extinguished by non-user
4. Expiration of the term or fulfillment of
resolutory condition
o Applicable only to voluntary easements
5. Renunciation of the owner of the
dominant estate
o Must be specific, clear, express
(distinguished from non-user)
6. Redemption agreed upon between the
owners
201
7. Other causes not mentioned in Article
PROPERTY
631
o Annulment and rescission of the title
constituting the voluntary easement
o Termination of the right of grantor of the
voluntary easement
o Abandonment of the servient estate
Owner of the servient estate gives
up ownership of the easement (e.g.
the strip of land where the right of
way is constituted) in favor of the
dominant estate.
The easement is extinguished
because ownership is transferred to
the dominant owner, who now owns
both properties.
o Eminent domain
The governments power to
expropriate property for public use,
subject to the payment of just
compensation.
o Special cause for extinction of legal
rights of way; if right of way no longer
necessary
Art. 655, Civil Code
If the right of way granted to a
surrounded estate ceases to be
necessary because its owner
has joined it to another abutting
on a public road, the owner of
the servient estate may demand
that the easement be
extinguished, returning what he
may have received by way of
indemnity. The interest on the
indemnity shall be deemed to be
in payment of rent for the use of
the easement.
The same rule shall be applied
in case a new road is opened
giving access to the isolated
estate.
CIVIL LAW REVIEWER
In both cases, the public
highway must substantially meet
the needs of the dominant
estate in order that the
easement may be extinguished.
Right of way ceases to be
necessary:
Owner of the of the dominant
estate has joined to another
abutting on a public road
A new road is opened giving
access to the isolated estate
Requisite: the public highway must
substantially meet the needs of the
dominant estate in order that the
easement may be extinguished
Owner of the servient estate may
demand that the easement be
extinguished.
Owner of the servient estate must
return indemnity he received (value
of the land)
VIII. Legal Easements
A. Law governing legal easements
1. For public easements
a. Special laws and regulations relating
thereto (ex: PD 1067 and PD 705)
b. By the provisions of Chapter 2, Title VII,
Book II, NCC
2. For private legal easements
a. By agreement of the interested parties
whenever the law does not prohibit it
rd
and no injury is suffered by a 3 person
b. By the provisions of Chapter 2, title VII,
Book II
B. Private legal easements provided for by
the NCC
THOSE ESTABLISHED FOR THE USE OF
WATER OR EASEMENTS RELATING TO
WATERS
1. Natural drainage of waters
Article 637, Civil Code. Lower estates are obliged to
receive the waters which naturally and without the
intervention of man descend from the higher estates,
as well as the stones or earth which they carry with
them.
The owner of the lower estate cannot construct works
which will impede this easement; neither can the
owner of the higher estate make works which will
increase the burden.
Chapter VIII. EASEMENT
a. REQUISITE: Waters must flow naturally,
without the intervention of man
b. DUTIES:
o DOMINANT OWNER (Higher
Estate)
Cannot construct works to
increase the burden e.g. canals
draining other lands into the
lower estate, works which
prevent absorption of water like
pavements which make the
ground more impervious than it
is.
May demand that the servient
owner allow him to make works
necessary to remove 202
obstructions impeding natural
PROPERTY
passage
o SERVIENT OWNER (Lower Estate)
Cannot make works which
would impede the servitude e.g.
dams which would block the
natural flow, walls, ditches that
enclose the tenements.
Can construct works that he
may deem necessary to prevent
damage to himself, so long as
he does not cause damage to
inferior tenements
2. Easements on lands along riverbanks
Article 638, Civil Code. The banks of rivers and
streams, even in case they are of private ownership,
are subject throughout their entire length and within a
zone of three meters along their margins, to the
easement of public use in the general interest of
navigation, floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable
rivers are, furthermore, subject to the easement of
towpath for the exclusive service of river navigation
and floatage.
If it be necessary for such purpose to occupy lands of
private ownership, the proper indemnity shall first be
paid.
3. Abutment of a dam
Article 639, Civil Code. Whenever for the diversion
or taking of water from a river or brook, or for the use
of any other continuous or discontinuous stream, it
should be necessary to build a dam, and the person
who is to construct it is not the owner of the banks, or
lands which must support it, he may establish the
easement of abutment of a dam, after payment of the
proper indemnity. (554)
CIVIL LAW REVIEWER
o Easement of abutment of a dam may be
established after payment of proper
indemnity
o REQUISITES:
1) Construction of dam mecessary for
the use of any other continuous or
discontinuous stream
2) Person who is to construct the dam
is NOT the owner of the banks or
lands which must support the dam
4. Aqueduct
Article 642, Civil Code. Any person who may wish to
use upon his own estate any water of which he can
dispose shall have the right to make it flow through
the intervening estates, with the obligation to
indemnify their owners, as well as the owners of the
lower estates upon which the waters may filter or
descend.
Article 643, Civil Code. One desiring to make use of
the right granted in the preceding article is obliged:
1. To prove that he can dispose of the water and
that it is sufficient for the use for which it is
intended;
2. To show that the proposed right of way is the
most convenient and the least onerous to third
persons;
3. To indemnify the owner of the servient estate in
the manner determined by the laws and
regulations.
Article 644, Civil Code. The easement of aqueduct
for private interest cannot be imposed on buildings,
courtyards, annexes, or outhouses, or on orchards or
gardens already existing.
Article 645, Civil Code. The easement of aqueduct
does not prevent the owner of the servient estate from
closing or fencing it, or from building over the
aqueduct in such manner as not to cause the latter
any damage, or render necessary repairs and
cleanings impossible.
Article 645, Civil Code. For legal purposes, the
easement of aqueduct shall be considered as
continuous and apparent, even though the flow of the
water may not be continuous, or its use depends upon
the needs of the dominant estate, or upon a schedule
of alternate days or hours.
o Any person wishing to use upon his own
estate any water can make it flow
through intervening estates with
obligation to indemnify owners of such
estates
o Considered as a continuous and
apparent easement, even though the
flow of water may not be continuous
Chapter VIII. EASEMENT
o REQUISITES:
1) Dominant owner must prove that:
a) He can dispose of the water
b) Water is sufficient for the use for
which it is intended
c) The proposed right of way is the
most convenient and the least
onerous to third persons
2) Dominant owner must also
indemnify the servient estate in the
manner determined by laws and
regulations
3) Dominant owner cannot impose the
easement of aqueduct on buildings,
courtyards, annexes, outhouses,
orchards or gardens already existing 203
PROPERTY
Existing structures cannot be injured to
establish the easement.
RIGHT OF SERVIENT OWNER:
May fence or build over the
aqueduct in such a manner as not to
cause any damage, or render
impossible any necessary repairs
and cleanings
5. Stop lock and sluice gate
Article 647, Civil Code. One who for the purpose of
irrigating or improving his estate, has to construct a
stop lock or sluice gate in the bed of the stream from
which the water is to be taken, may demand that the
owners of the banks permit its construction, after
payment of damages, including those caused by the
new easement to such owners and to the other
irrigators.
6. Stop lock and sluice gate
1. REQUISITES:
1) Can be imposed only for reasons of
public use in favor of a town or
village
2) After payment of proper indemnity
THE EASEMENT OF RIGHT OF WAY
Article 649, Civil Code. The owner, or any person
who by virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovables
pertaining to other persons and without adequate
outlet to a public highway, is entitled to demand a
right of way through the neighboring estates, after
payment of the proper indemnity.
Should this easement be established in such a
manner that its use may be continuous for all the
needs of the dominant estate, establishing a
permanent passage, the indemnity shall consist of the
value of the land occupied and the amount of the
damage caused to the servient estate.
CIVIL LAW REVIEWER
In case the right of way is limited to the necessary
passage for the cultivation of the estate surrounded
by others and for the gathering of its crops through
the servient estate without a permanent way, the
indemnity shall consist in the payment of the damage
caused by such encumbrance.
This easement is not compulsory if the isolation of the
immovable is due to the proprietor's own acts. (564a)
2. Who may demand:
(1) The owner of the dominant estate
(2) Any person with the real right to
cultivate or use the immovable e.g.
a usufructuary
BUT a lessee cannot demand such
easement, because the lessor is the one
bound to maintain him in the enjoyment
of the property
3. REQUISITES:
(1) Dominant estate is surrounded by
other immovables owned by other
persons
(2) There must absolutely be no access
to a public highway
(3) Even if there is access, it is difficult
or dangerous to use, or grossly
insufficient
4. Mere inconvenience in the use
of an outlet does not render the
easement a necessity.
5. An adequate outlet is one that
is sufficient for the purpose and
needs of the dominant owner,
and can be established at a
reasonable expense.
6. Does not necessarily have to be
by land an outlet through a
navigable river if suitable to the
needs of the tenement is
sufficient.
(4) Isolation of the immovable is NOT
due to the dominant owners own
acts e.g. if he constructs building to
others obstructing the old way
(5) Payment of indemnity
o If right of way is permanent and
continuous for the needs of the
dominant estate = value of the
land + amount of damage
caused to the servient estate
o If right of way is limited to
necessary passage for
cultivation of the estate and for
gathering crops, without
permanent way = damage
caused by encumbrance.
Chapter VIII. EASEMENT
7. RULES FOR ESTABLISHING THE
RIGHT OF WAY
1) Must be established at the point
LEAST prejudicial to the servient
estate
Art. 650, Civil Code. The easement of right of way
shall be established at the point least prejudicial to
the servient estate, and, insofar as consistent with
this rule, where the distance from the dominant estate
to a public highway may be the shortest.
a. Insofar as consistent with the
first rule, where the distance
from the dominant estate to a
public highway is shortest 204
PROPERTY
E.g. as between a longer way
without injury to the servient
estates constructions, etc. and
a shorter way that would cause
injury
b. The criterion of least prejudice
to the servient estate must
prevail over the criterion of
shortest distance although this
is a matter of judicial
appreciation. While shortest
distance may ordinarily imply
least prejudice, it is not always
so as when there are permanent
structures obstructing the
shortest distance; while on the
other hand, the longest distance
may be free of obstructions and
the easiest or most convenient
to pass through. (Quimen v.
CA)
c. The fact that LGV had other
means of egress to the public
highway cannot extinguish the
said easement, being voluntary
and not compulsory. The free
ingress and egress along
Mangyan Road created by the
voluntary agreement between
the parties is thus legally
demandable with the
corresponding duty on the
servient estate not to obstruct
the same. (La Vista
Association v. CA)
2) Width of the easement shall be that
which is sufficient for the needs of
the dominant estate
CIVIL LAW REVIEWER
a. Easement may be changed
from time to time depending
upon the needs of the dominant
tenement
b. The width of the easement of
right of way shall be that which
is sufficient for the needs of the
dominant estate, and may
accordingly be changed from
time to time. (Art. 651, CC)
3) Necessary repairs for a permanent
right of way shall be made by the
DOMINANT OWNER.
4) A proportionate share of taxes shall
be reimbursed by the dominant
owner to the proprietor of the
servient estate
If the right of way is permanent,
the necessary repairs shall be
made by the owner of the
dominant estate. A
proportionate share of the taxes
shall be reimbursed by said
owner to the proprietor of the
servient estate (Art. 654, CC)
5) In cases where the dominant estate
needing the right of way is acquired
by sale, exchange or partition and
the Estate is surrounded by other
estates owned by the vendor,
exchanger of co-owner
a. Vendor, exchanger or co-owner
shall grant the right of way
WITHOUT INDEMNITY
Granting the servitude
without indemnity is a tacit
condition of the sale,
exchange or partition: each
party receives something
b. Donor (simple donation) must
still be indemnified for right of
way
Grantor receives nothing
from the grantee, therefore
no implied condition as to a
right of way is constituted
c. If the land of the grantor is the
one which becomes isolated, he
may demand right of way after
paying an indemnity
Whenever a piece of land
acquired by sale, exchange
or partition, is surrounded
by other estates of the
vendor, exchanger, or co-
owner, he shall be obliged
Chapter VIII. EASEMENT
to grant a right of way
without indemnity. In case of
a simple donation, the donor
shall be indemnified by the
donee for the establishment
of the right of way. (Art.
652, CC)
8. EXTINGUISHMENT
Extinguished in the following
circumstances because easement
ceases to be necessary:
1) Owner has joined the dominant
estate to another abutting the public
road
2) A new road is opened giving access 205
to the isolated estate
PROPERTY
3) Extinguishment is NOT automatic.
The owner of the servient estate
must ask for such extinguishment
4) Indemnity paid to the servient owner
must be returned:
a. If easement is permanent: value
of the land must be returned
b. If easement is temporary:
nothing to be returned
9. SPECIAL RIGHTS OF WAY
Right of way to carry materials for
the construction, repair,
improvement, alteration or
beautification of a building through
the estate of another
Right of way to raise on anothers
land scaffolding or other objects
necessary for the work
If it be indispensable for the
construction, repair,
improvement, alteration or
beautification of a building, to
carry materials through the
estate of another, or to raise
therein scaffolding or other
objects necessary for the work,
the owner of such estate shall
be obliged to permit the act,
after receiving payment of the
proper indemnity for the
damage caused him. (Art. 656)
Right of way for the passage of
livestock known as animal path,
animal trail, watering places, resting
places, animal folds (Art. 657)
Easements of the right of way
for the passage of livestock
known as animal path, animal
trail or any other, and those for
CIVIL LAW REVIEWER
watering places, resting places
and animal folds, shall be
governed by the ordinances and
regulations relating thereto, and,
in the absence thereof, by the
usages and customs of the
place.
Without prejudice to rights
legally acquired, the animal path
shall not exceed in any case the
width of 75 meters, and the
animal trail that of 37 meters
and 50 centimeters.
Whenever it is necessary to
establish a compulsory
easement of the right of way or
for a watering place for animals,
the provisions of this Section
and those of Articles 640 and
641 shall be observed. In this
case the width shall not exceed
10 meters
THE EASEMENT OF PARTY WALL
Article 659, Civil Code. The existence of an
easement of party wall is presumed, unless there is a
title, or exterior sign, or proof to the contrary:
1. In dividing walls of adjoining buildings up to the
point of common elevation;
2. In dividing walls of gardens or yards situated in
cities, towns, or in rural communities;
3. In fences, walls and live hedges dividing rural
lands.
WALL OWNED IN
PARTY WALL
COMMON
Built by common Owned by adjoining
agreement by getting owners from its
land from the adjoining construction or by
tenements in equal parts subsequent act
Owner may use the wall Co-owner cannot use the
for his own exclusive wall for his own exclusive
benefit benefit, because he
would be impairing the
rights of his co-owners
Each owner may insert Each owner can insert
beams but only to the beams in the wall to the
extent of of its extent of entire thickness
thickness
1. DETERMINING THE EXISTENCE OF A
PARTY WALL
a. PRESUMED in the following situations
unless there is a TITLE or EXTERIOR
SIGN or PROOF to the contrary
(i) In dividing walls of adjoining
buildings, up to the point of common
elevation
Chapter VIII. EASEMENT
(ii) In dividing walls of gardens or yards,
situated in cities, towns or rural
communities
(iii) In fences, walls and live hedges
dividing rural lands
(iv) Ditches or drains between two
estates
b. EXTERIOR SIGNS CONTRARY TO
THE EASEMENT OF PARTY WALL
(merely illustrative and not exclusive)
(i) A window or opening in the dividing
wall of buildings
(ii) A lower part of the wall slants or
projects outward on one side of the
wall, while the other side is straight 206
and plumb on its facement
PROPERTY
(iii) Entire wall is built WITHIN the
boundaries of one of the estates
(iv) Dividing wall bears the burden of
beams, floors and roof frame of only
one of the buildings
(v) Dividing wall between courtyards,
garden or tenements is constructed
in such a way that the it sheds water
upon only one of the estates
(vi) Dividing wall has stepping stones
which project from the surface of
one side only, but not on the other
(vii) Lands enclosed by fences or live
hedges adjoin others which are not
enclosed
2. OTHERS NOT ENUMERATED in ARTICLE
659
a. Two adjoining tenements surrounded by
live hedges of different kinds = the
hedge must belong to the owner of the
tenement using the same kind of plants
b. For ditches or drains between two
estates, whenever the earth or dirt
removed to open or clean the ditch is
only on one side thereof
3. CONTRADICTORY SIGNS
a. Contradictory external signs are left to
the determination of the Court, but the
quality instead of the number of signs
must prevail. Also, a presumption arising
from the object or purpose of the wall is
of more force than that arising from a
doubtful external sign.
b. Title, as an express proof of ownership
prevails over an external sign, which
merely gives rise to a presumption
CIVIL LAW REVIEWER
4. RULES
a. Cost of repairs and construction,
maintenance of fences, hedges, ditches
and drains shall be borne by ALL the
owners of the lands or tenements
EXCEPT: if the defects were occasioned
only by one owner
b. An owner may exempt himself from
contributing to the expenses by
renouncing his part-ownership,
UNLESS the party wall supports a
building he owns
Renunciation refers not only to the wall,
but also to the land on which it is
constructed.
c. An owner of a building supported by a
party wall who desires to demolish his
building, may also renounce his part
ownership of the wall.
BUT he must still bear the cost of all the
repairs and work necessary to prevent
any damage to the party wall.
d. Every owner may increase the height
of the wall, at his own expense and
paying for damages caused by the work.
He must also pay for:
Expenses of maintaining the wall in
the part newly raised, or deepened
foundation
Indemnity for increased expenses
necessary for the preservation of
the wall by reason of the greater
height or depth which has been
given it
Reconstruction expenses in case
the party wall cannot bear the
increased height.
If increased thickness is needed, the
owner shall give the space required
from his own land
Other owners may acquire part
ownership of the increased height,
depth or thickness of the wall, by
paying proportionately the value of
the work at the time of the
acquisition, and of the land for its
increased thickness
e. Part-owners may use the party wall IN
PROPORTION to the right he may have
in the co-ownership, without interfering
with the common and respective uses of
the others.
Chapter VIII. EASEMENT
E.g. A interest in the wall =
payment for expenses = use as in
one can insert beams in the wall up to
thickness
THE EASEMENT OF LIGHT AND VIEW
1. NATURE OF THE EASEMENT
a. POSITIVE: Opening a window through a
party wall
When a part owner of a party wall opens
a window therein, such act implies the
exercise of the right of ownership by the
use of the entire thickness of the wall = 207
invasion of the right of the other part
PROPERTY
owners / violation of the right to
proportional use of the party wall.
b. NEGATIVE: Formal prohibition upon the
owner of the adjoining land or tenement
When a person opens a window on his
own building, he does nothing more than
exercise an act of ownership on his
property.
Does not establish an easement
Coexistent is the right of the owner of
the adjacent property to build on his own
land, even if such structures cover the
window
If the adjacent owner does not build
structures to obstruct the window, such
is considered mere tolerance and NOT a
waiver of the right to build.
An easement is created only when the
owner opens up a window prohibits or
restrains the adjacent owner from doing
anything, which may tend to cut off or
interrupt the light + prescriptive period
2. EASEMENT vs. DIRECT VIEW
o Acquired by the person who opens the
window
o The following structures cannot be built
without following the prescribed
distances
Window, apertures, balconies and
other projections with a direct view
upon or towards an adjoining land
must have a distance of 2 METERS
between the wall and the contiguous
property.
CIVIL LAW REVIEWER
For structures with a side or oblique
view (at an angle from the boundary
line), there should be a distance of
60 centimeters.
Measured from:
The outer line of the wall if the
openings do not project
The outer line of the openings if
they project
The dividing line between the
two properties in cases of
oblique view
If distances are not complied
with:
Windows are considered
unlawful openings
Owner may be ordered by the
Court to close them
Even if the adjoining owner
does not object to the
construction of such structures
at first, he cannot be held to be
in estoppel, except if 10-year
period of acquisitive prescription
has passed.
Does not give rise to
prescription
Mere opening of the window in
violation of the distances does
not give rise to the easement of
light and view by prescription
o In buildings separated by a public way
or alley, not less than 3 meters wide, the
distances required (2 m, 60 cm) do not
apply.
o If an easement is acquired to have direct
views, balconies or belvederes, the
owner of the servient estate must not
build at less than 3 meters from the
boundary line of the two tenements.
The distances may be stipulated by
the parties, but should not be less
than what is prescribed by the law
(2 meters and 60 cm)
3. EXCEPTION TO EASEMENT vs. DIRECT
VIEW
o Owners of a wall (not a party wall)
adjoining a tenement of another can
make openings to admit light without
complying with the distance
requirements SO LONG AS:
Openings are made at the height of
the ceiling joists (horizontal beams)
or immediately under the ceiling
Size: 30 cm square
Chapter VIII. EASEMENT
With iron grating imbedded in the
wall
With a wire screen
o But owner of the adjoining estate can
close the opening if:
He acquires part ownership of the
party wall
He constructs a building or raises a
wall on his land, unless an
easement of light has been acquired
o If requirements are not complied with,
the owner of the adjoining estate may
compel the closure of the opening.
o The action to compel the closing of the
opening may prescribe, if the opening is
permitted without protest. 208
BUT prescription of the action to
PROPERTY
compel the closure of the opening
DOES NOT MEAN that the
servitude of light and view has been
acquired.
Period of acquisitive prescription will
only start to run from the time the
owner asserting the servitude has
forbidden the owner of the adjoining
tenement from doing something he
could lawfully do.
THUS, although the action to
compel the closure might have
prescribed, the owner of the
adjoining estate may still build on
his own land a structure which might
obstruct the view.
THE EASEMENT OF DRAINAGE OF
BUILDINGS
Article 674, Civil Code. The owner of a building shall
be obliged to construct its roof or covering in such
manner that the rain water shall fall on his own land or
on a street or public place, and not on the land of his
neighbor, even though the adjacent land may belong
to two or more persons, one of whom is the owner of
the roof.
Even if it should fall on his own land, the owner shall
be obliged to collect the water in such a way as not to
cause damage to the adjacent land or tenement.
Article 675, Civil Code. The owner of a tenement or
a piece of land, subject to the easement of receiving
water falling from roofs, may build in such manner as
to receive the water upon his own roof or give it
another outlet in accordance with local ordinances or
customs, and in such a way as not to cause any
nuisance or damage whatever to the dominant estate.
Article 676, Civil Code. Whenever the yard or court
of a house is surrounded by other houses, and it is
not possible to give an outlet through the house itself
to the rain water collected thereon, the establishment
CIVIL LAW REVIEWER
of an easement of drainage can be demanded, giving
an outlet to the water at the point of the contiguous
lands or tenements where its egress may be easiest,
and establishing a conduit for the drainage in such
manner as to cause the least damage to the servient
estate, after payment of the property indemnity.
1. Regulating the disposal of rain water
a. Owner of a building is obliged to
construct a roof or covering so as to
ensure that the rain water shall fall on
his own land, or on a street or public
place, and NOT on the land of his
neighbor.
b. Owner is also obliged to collect the war
falling on his own land so as not to
cause damage to adjacent tenements
2. Rain water is res nullius, and has no owner.
This article merely imposes a limitation on
the use of ones property, so that rain water
falling thereon may not cause damage.
3. Obligation to collect water (#2) is an
exception to the rule requiring lower
tenements to receive water flowing from
higher tenements.
EASEMENT GIVING AN OUTLET TO THE
WATER THROUGH CONTIGUOUS
ESTATES
o Requisites:
a. Yard or court of a house is surrounded
by other houses
b. Water is collected thereon
c. Not possible to give an outlet through
the house itself
d. Establishment of conduit for drainage
must be at a point where egress is
easiest and where it will cause the least
damage to the servient estate
e. After payment of proper indemnity
INTERMEDIATE DISTANCES AND WORKS
FOR CERTAIN CONSTRUCTIONS AND
PLANTINGS
Article 677, Civil Code. No constructions can be built
or plantings made near fortified places or fortresses
without compliance with the conditions required in
special laws, ordinances, and regulations relating
thereto
Article 675, Civil Code. No person shall build any
aqueduct, well, sewer, furnace, forge, chimney,
stable, depository of corrosive substances,
machinery, or factory which by reason of its nature or
products is dangerous or noxious, without observing
the distances prescribed by the regulations and
customs of the place, and without making the
necessary protective works, subject, in regard to the
manner thereof, to the conditions prescribed by such
regulations. These prohibitions cannot be altered or
Chapter VIII. EASEMENT
renounced by stipulation on the part of the adjoining
proprietors.
In the absence of regulations, such precautions shall
be taken as may be considered necessary, in order to
avoid any damage to the neighboring lands or
tenements.
Article 679, Civil Code. No trees shall be planted
near a tenement or piece of land belonging to another
except at the distance authorized by the ordinances or
customs of the place, and, in the absence thereof, at
a distance of at least two meters from the dividing line
of the estates if tall trees are planted and at a distance
of at least fifty centimeters if shrubs or small trees are
planted.
209
Every landowner shall have the right to demand that
PROPERTY
trees hereafter planted at a shorter distance from his
land or tenement be uprooted.
The provisions of this article also apply to trees which
have grown spontaneously.
Article 680, Civil Code. If the branches of any tree
should extend over a neighboring estate, tenement,
garden or yard, the owner of the latter shall have the
right to demand that they be cut off insofar as they
may spread over his property, and, if it be the roots of
a neighboring tree which should penetrate into the
land of another, the latter may cut them off himself
within his property.
Art. 681, Civil Code. Fruits naturally falling upon
adjacent land belong to the owner of said land.
1. SUMMARY
CONSTRUCTIONS may be built only after
complying with prescribed regulations
(special laws, ordinances, regulations):
a. Constructions or plantings near fortified
places or fortresses
b. Aqueduct, well, sewer, furnace, forge,
chimney, stable, depository of corrosive
substances, machinery, factory (with
dangerous and noxious substances)
Distances must be observed and
protective works necessary for the
conditions must be made
c. Trees planted near a tenement or piece
of land
In the absence of ordinances or
customs of the place:
(1) TALL TREES: At a distance of
at least 2 meters from the
dividing line of the estates
(2) SHRUBS/SMALL TREES: At
least 50 cm from the dividing
line
CIVIL LAW REVIEWER
If trees are planted at a shorter
distance, landowner may demand
that it be uprooted
2. Plantings Encroaching on Adjoining
Estates
a. Branches of any tree extending over a
neighboring estate, garden, etc.
Owner of the adjoining estate has the
right to demand that they be cut off
insofar as they may spread over his
property.
b. Roots of a neighboring tree which
should penetrate into the land of another
o Owner may cut the roots off himself
within his property, even without
notice to the owner of the trees
o Roots, by accession are converted
into the property of the owner of the
land into which they penetrate.
o Also, cutting off the roots will not
give the cutter any benefit, in
contrast to cutting off the branches
of a tree.
o PRESCRIPTION OF ACTION TO
CUT: Period only starts to run after
the owner of the estate has
demanded that the owner of the
trees cut off the branches or roots,
and the latter refuses.
The fact that the owner does not
cut off the trees only constituted
mere tolerance.
c. Fruits naturally falling upon adjacent
land belong to the owner of the land
o Not by right of occupation but by
principle of accession.
o Owner of the tree retains ownership:
If he picks the fruits from the
branches which invade the
neighboring tenement
If fruits fall on immovables for
public use (not considered as
fruits of these
THE EASEMENT AGAINST NUISANCES
Article 682, Civil Code. Every building or piece of
land is subject to the easement which prohibits the
proprietor or possessor from committing nuisance
through noise, jarring, offensive odor, smoke, heat,
dust, water, glare and other causes.
Chapter VIII. EASEMENT
o Material impairment depends on the
nature and purpose of the tenement e.g.
dwelling house vs. factory
o Degree of annoyance to be tolerated
depends on what is usual for a specific
locality.
Article 683, Civil Code. Subject to zoning, health,
police and other laws and regulations, factories and
shops may be maintained provided the least possible
annoyance is caused to the neighborhood.
EASEMENT OF LATERAL AND SUBJACENT
SUPPORT
210
Article 684, Civil Code. No proprietor shall make
PROPERTY
such excavations upon his land as to deprive any
adjacent land or building of sufficient lateral or
subjacent support.
1. An owner cannot make such excavations as
to deprive any adjacent land or building of
sufficient lateral or subjacent support
2. LATERAL SUPPORT
a. Limitation on the right to excavate on his
own land: one cannot excavate so close
to an adjoining estate as to deprive it of
natural support and cause it to crumble.
b. Not necessary that the excavation is
made on the lot immediately adjoining. It
is sufficient if the excavation results in a
slide in the plaintiffs property
c. An owner who makes excavations can
either:
Observe a sufficient distance to
permit the necessary lateral support
of adjoining land
Support the latter artificially through
walls, etc.
3. SUBJACENT SUPPORT
a. Exists when there is severance of
ownership (surface owner vs. substrata
owner) as in mines and tunnels.
b. The owners of the rights below the
surface are burdened with the easement
to refrain from removing such sufficient
support which will protect the surface
from subsidence or sinking, and keep it
securely at its original level.
4. REMEDIES FOR VIOLATION
a. Action for Damages against the one who
made the excavation, whether owner or
contractor, etc.
CIVIL LAW REVIEWER Chapter VIII. EASEMENT

b. Injunction
Restraining the owner from
excavating so as to deprive the land
of natural support
Will prohibit merely any excavation
which shall cause the plaintiffs land
to fall away due to withdrawal of
support

5. OTHER RULES:
a. Stipulations or testamentary provisions
allowing excavations that cause danger
to adjacent land or building is VOID.
b. Also applicable to future constructions
c. Any proprietor intending to make any
excavation shall notify all owners of 211
adjacent lands.

PROPERTY
Notice must sufficiently inform the
adjoining owner of the nature and
extent of the proposed excavation,
so as to enable the owner to take
the necessary precautions to protect
his property.
No formal notice is necessary if the
adjoining owner already has actual
knowledge of such excavation.
But giving notice does not absolve
the excavator from the duty to
exercise reasonable care to avoid
injury to neighbors.
CIVIL LAW REVIEWER Chapter IX. NUISANCE

Examples as enumerated under CC

Chapter IX. Nuisance 1) Injury to health Any business,
although itself lawful, which necessarily
I. DEFINITION
II. CLASSES
impregnates large volumes of the
III. LIABILITY IN CASE OF NUISANCE atmosphere with disagreeable,
IV. REGULATION OF NUISANCE unwholesome or offensive matter, may
become a nuisance to those occupying
adjacent property, in case it is so near,
I. Definition
and the atmosphere is contaminated to
Article 694, Civil Code. A nuisance is any act, such an extent as substantially to impair
omission, establishment, business, condition of the comfort and enjoyment of adjacent
property, or anything else which:
1. Injures or endangers the health or safety of
occupants.
others; or 2) Dangerous to safety manufacture,
2. Annoys or offends the senses; or storing or keeping of explosives in large
3. Shocks, defies or disregards decency or morality; quantities in the vicinity of dwelling
or houses or excavation adjoining a public 212
4. Obstructs or interferes with the free passage of highway

PROPERTY
any public highway or street, or any body of 3) Annoyance to senses
water; or slaughterhouses and cowhide storage
5. Hinders or impairs the use of property. vats from which emanated vile and
offensive odors; noise of animals kept in
To constitute a nuisance there must be an residential neighborhood
arbitrary or abusive use of property or disregard o To be judged by the effect they are
of commonly accepted standards set by society. calculated to produce upon
ordinary people under normal
Nuisance v. Trespass circumstances, not by their effect
upon the oversensitive, the
Nuisance Trespass
fastidious or the sick, nor, on the
Use of ones own
other hand, by their effect upon
property in such a
manner as to cause injury those who are abnormally
to the property or right or Direct infringement of indifferent to such things, or who by
interest of another, and anothers right of long experience have learned to
generally results from the property. endure them without
commission of an act inconvenience.
beyond the limits of the o Inconvenience must be materially
property affected. interfering with the ordinary
Injury is consequential Injury is immediate comfort, physically, of human
existence.
Nuisance v. Negligence 4) Shocking to decency bawdy or
disorderly house; building used for either
Nuisance Negligence lewdness or of assignation or
Whether it was prostitution
unreasonable for the Whether the defendants
5) Hinders or impairs the use of
defendant to act as he use of his property was
did in view of the unreasonable as to property illegal construction on
threatened danger or plaintiff, without regard to anothers land
harm to one in plaintiffs foreseeability of injury.
position.
Liability for the resulting II. Classes
injury to others
Liability is based on a Art. 695, Civil Code. Nuisance is either public or
regardless of the degree
want of proper care private. A public nuisance affects a community or
of care or skill exercised
to avoid such injury. neighborhood or any considerable number of persons,
Principles ordinarily apply although the extent of the annoyance, danger or
where the cause of action Principles ordinarily apply damage upon individuals may be unequal. A private
is for continuing harm where the cause of action nuisance is one that is not included in the foregoing
caused by continuing or is for harm resulting from definition.
recurrent acts which one act which created an
cause discomfort or unreasonable risk of 1. According to Nature (old classification)
annoyance to plaintiff in injury. a. Nuisance per se or at law
the use of his property.
CIVIL LAW REVIEWER Chapter IX. NUISANCE

o An act, occupation or structure 3. Doctrine of Attractive Nuisance

which is a nuisance at all times and o One who maintains on his premises
under any circumstances, dangerous instrumentalities or
regardless of location or appliances of a character likely to attract
surroundings. children in play, and who fails to
exercise ordinary care to prevent
b. Nuisance per accidens or in fact children from playing therewith or
o One that becomes a nuisance by resorting thereto, is liable to a child of
reason of circumstances and tender years who is injured thereby,
surroundings. even if the child is technically a
o It is not a nuisance by its nature but trespasser in the premises.
it may become so by reason of the o Basis of liability The attractiveness is
locality, surrounding, or the manner an invitation to children. Safeguards to
in which it is conducted, managed, prevent danger must therefore be set
etc. up.
213
Per se Per accidens

The wrong is established
by proof of the mere act.
It becomes a nuisance
as a matter of law.
Proof of the act and its
consequences.
PROPERTY
A swimming pool or water tank is not an attractive
nuisance, for while it is attractive, it cannot be a
nuisance, being merely an imitation of the work of
nature. (Hidalgo Enterprises v. Balandan)

III. Liability in Case of Nuisance

2. According to Scope of Injurious Effects
o Test: not the number of persons o Who are liable
annoyed but the possibility of
annoyance to the public by the invasion Art. 696, Civil Code. Every successive
of its rights the fact that it is in a public owner or possessor of property who fails or
refuses to abate a nuisance in that property
place and annoying to all who come started by a former owner or possessor is
within its sphere. liable therefor in the same manner as the
one who created it.
a. Public
o The doing of or the failure to do o Liability of creator of nuisance: He who
something that injuriously affects the creates a nuisance is liable for the resulting
safety, health or morals of the damages and his liability continues as long
public. as the nuisance continues.
o It causes hurt, inconvenience or There must be a breach of some duty on
injury to the public, generally, or to the part of the person sought to be held
such part of the public as liable for damages resulting from a
necessarily comes in contact with it. nuisance before an action will lie against
b. Private him.
o One which violates only private No one is to be held liable for a
rights and produces damages to but nuisance which he cannot himself
one or a few persons. physically abate without legal action
against another for that purpose.
Public Private Where several persons, acting
Affects the individual or a
independently, cause damage by acts
Affects the public at large limited number of
individuals only which constitute a nuisance, each is
Need not affect the whole liable for the damage which he has
community or hurt and caused or for his proportionate share of
injure all the public. It is the entire damage.
sufficient if it affects the o Liability of transferees: The grantee of
surrounding community land upon which there exists a nuisance
generally or if the injury is created by his predecessors in title is NOT
occasioned to such part responsible therefore merely because he
of the public as come in becomes the owner of the premises, or
contact with it.
merely because he permits it to remain.
He shall be liable if he knowingly
c. Mixed
continues the nuisance. Generally, he is
CIVIL LAW REVIEWER
not liable for continuing it in its original
form, unless he has been notified of its
existence and requested to remove it, or
has actual knowledge that it is a
nuisance and injurious to the rights of
others.
o Nature of liability: All persons who
participate in the creation or maintenance of
a nuisance are jointly and severally liable for
the injury done.
If 2 or more persons who create or
maintain the nuisance act entirely
independent of one another, and without
any community of interest, concert of
action, or common design, each is liable
only so far as his acts contribute to the
injury.
For joint liability, there must be some
joint or concurrent act or community of
action or duty, or the several wrongful
acts done at several times must have
concurred in their effects as one single
act to produce the injury complained of.
o Right to recover damages
Art. 697, Civil Code. The abatement of a
nuisance does not preclude the right of any
person injured to recover damages for its
past existence.
Abatement and damages are
cumulative remedies.
o No Prescription
Art. 698, Civil Code. Lapse of time cannot
legalize any nuisance, whether public or
private.
The action to abate a public or private
nuisance is NOT extinguished by
prescription. (Art. 1143[2])
IV. Regulation of Nuisances
A. PUBLIC NUISANCE
1. Remedies to abate a nuisance
Article 699, Civil Code. The remedies against a
public nuisance are:
1. A prosecution under the Penal Code or any local
ordinance: or
2. A civil action; or
2. (3) Abatement, without judicial proceedings.
Chapter IX. NUISANCE
a. Criminal prosecution: Only for a public
nuisance, not for a private one.
Public nuisances are offenses
against the State, and since early
times it has been held that one who
is responsible for this may be
proceeded against criminally by
indictment.
Question of intent is immaterial.
Persons liable person is liable for
the consequence which his act
produced
b. Civil action:
1) Judgment with abatement
defendant convicted of maintain a 214
nuisance may also be ordered to
PROPERTY
abate the nuisance
2) Injunction where the injury
occasioned by an indictable
nuisance is pressing or imminent, so
that the public safety is menaced or
public rights are obstructed or
interfered with, and the special
circumstances are such that the
ordinary process of the court is not
sufficiently prompt or effective to
prevent the injury or obstruction, the
remedy can be injunction provided
the right is clear and the wrong has
not been acquiesced in by the
plaintiff.
c. Extrajudicial abatement: This right is
based upon necessity which must be
present to justify its exercise.
It must be reasonably and efficiently
exercised, means employed must
not be unduly oppressive on
individuals, and no more injury must
be done to the property or rights of
individuals than is necessary to
accomplish the abatement.
No right to compensation if property
taken or destroyed is a nuisance.
2. Who can file an action for abatement
Article 700, Civil Code. The district health officer
shall take care that one or all of the remedies against
a public nuisance are availed of.
Article 701, Civil Code. If a civil action is brought by
reason of the maintenance of a public nuisance, such
action shall be commenced by the city or municipal
mayor.
Article 702, Civil Code. The district health officer
shall determine whether or not abatement, without
judicial proceedings, is the best remedy against a
CIVIL LAW REVIEWER
public nuisance.
Article 703, Civil Code. A private person may file an
action on account of a public nuisance, if it is specially
injurious to himself.
a. General rule: Individual has no right of
action against a public nuisance. The
abatement proceedings must be
instituted in the name of the State or its
representatives.
b. Except: An individual who has suffered
some special damage different from that
sustained by the general public, may
maintain a suit in equity for an injunction
to abate it, or an action for damages
which he has sustained.
Action becomes a tort if an
individual has suffered particular
harm, in which case the nuisance is
treated as a private nuisance with
respect to such person.
3. Requisites of the right of a private
individual to abate a public nuisance
Article 704, Civil Code. Any private person may
abate a public nuisance which is specially injurious to
him by removing, or if necessary, by destroying the
thing which constitutes the same, without committing
a breach of the peace, or doing unnecessary injury.
But it is necessary:
1. That demand be first made upon the owner or
possessor of the property to abate the nuisance;
2. That such demand has been rejected;
3. That the abatement be approved by the district
health officer and executed with the assistance of
the local police; and
4. That the value of the destruction does not exceed
three thousand pesos.
a. The right must be exercised only in
cases of urgent or extreme necessity.
The thing alleged to be a nuisance must
be existing at the time that it was alleged
to be a nuisance.
b. Summary abatement must be resorted
to within a reasonable time after
knowledge of the nuisance is acquired
or should have been acquired by the
person entitled to abate.
c. Person who has the right to abate must
give a reasonable notice of his intention
to do so, and allow thereafter a
reasonable time to enable the other to
abate the nuisance himself.
d. Means employed must reasonable and
for any unnecessary damage or force,
the actor will be liable. Right to abate is
not greater than the necessity of the
case and is limited to the removal of
Chapter IX. NUISANCE
only so much of the objectionable thing
as actually causes the nuisance.
e. Abatement must be approved by the
district health officer.
f. Property must not be destroyed unless it
is absolutely necessary to do so.
g. Right must always be exercised with the
assistance of local police so as not to
disturb the public peace.
B. PRIVATE NUISANCE
Article 705, Civil Code. The remedies against a
private nuisance are:
1. A civil action; or 215
2. Abatement, without judicial proceedings.
PROPERTY
Article 706, Civil Code. Any person injured by a
private nuisance may abate it by removing, or if
necessary, by destroying the thing which constitutes
the nuisance, without committing a breach of the
peace or doing unnecessary injury. However, it is
indispensable that the procedure for extrajudicial
abatement of a public nuisance by a private person be
followed.
Article 707, Civil Code. A private person or a public
official extrajudicially abating a nuisance shall be
liable for damages:
1. If he causes unnecessary injury; or
2. If an alleged nuisance is later declared by the
courts to be not a real nuisance.
a. Action for damages: Recovery is
limited to the damage occasioned up to
the time of the commencement of the
action.
If nuisance continues to the time of
trial, then damages shall be
computed from that time.
If nuisance is permanent, a single
action is enough to cover both past
and prospective damages. If
temporary or recurrent, each
repetition of it gives rise to a new
cause of action and successive
actions will lie.
b. Defenses to action:
1) Public necessity private interest
must yield to the public good;
creation of nuisance amounts to
taking of property therefore just
compensation must be made.
2) Estoppel one who voluntarily
places himself in a situation
whereby he suffers an injury will not
be heard to say that his damage is
due to a nuisance maintained by
another.
CIVIL LAW REVIEWER Chapter IX. NUISANCE

3) Non-existence of the nuisance

4) Impossibility of abatement

c. Liability of person abating: Whoever

abates an alleged nuisance and thus
destroys or injures private property, or
interferes with private rights, whether a
public officer or private person, unless
he acts under the order of a court having
jurisdiction, does so at his peril.

d. Remedies of property owner: A

person whose property is seized or
destroyed as a nuisance may resort to
the courts to determine w/n it was in fact
a nuisance. 216
1) Action for replevin

PROPERTY
2) Enjoin the sale or destruction of the
property
3) Action for the proceeds of its sale
and damages if it has been sold
4) Enjoin private parties from
proceeding to abate a supposed
nuisance
CIVIL LAW REVIEWER Chapter X. MODES of ACQUIRING OWNERSHIP

Chapter X. Modes of Acquiring II. Mode

Ownership
A. ORIGINAL
I. MODE V. TITLE
II. MODES Original modes of acquisition are those which
A. ORIGINAL MODES produce the acquisition of ownership
1. OCCUPATION
independent of any preexisting right of another
2. INTELLECTUAL CREATION
B. DERIVATIVE MODES person, hence, free from burdens or
1. LAW encumbrances.
2. DONATION
3. SUCCESSION 1. OCCUPATION
4. ACQUISITIVE PRESCRIPTION
5. TRADITION Article 713, Civil Code. Things appropriable by
nature which are without an owner, such as animals
that are the object of hunting and fishing, hidden 217
treasure and abandoned movables, are acquired by
I. Mode v. Title

PROPERTY
occupation.

Article 712, Civil Code. Ownership is acquired by Requisites:

occupation and by intellectual creation. o Corporeal personal property
Ownership and other real rights over property are
acquired and transmitted by law, by donation, by
o Property susceptible of
testate and intestate succession, and in consequence appropriation not res communes
of certain contracts, by tradition. o Seizure with intent to appropriate
o Res nullius (no owner) or res
They may also be acquired by means of prescription. derelict (abandoned property)
o Observance of conditions
Mode is a specific cause which produces prescribed by law
dominion and other real rights as a result of
the co-existence of special status of things, Kinds:
capacity and intention of persons and o Of Animals
fulfillment of the requisites of law. Wild or feral animals seizure
(hunting/fishing) in open season
Title is every juridical right which gives a by means NOT prohibited
means to the acquisition of real rights but in Tamed/domesticated animals
itself is insufficient to produce them. general rule: belong to the
tamer but upon recovering
Ownership is not transferred by contract freedom are susceptible to
merely but by tradition or delivery. Contracts occupation UNLESS claimed
only constitute titles or rights to transfer or within 20days from seizure by
acquisition of ownership, while delivery is another (ART. 716)
the mode accomplishing the same. Tame/domestic animals not
acquired by occupation
Distinctions: EXCEPT when ABANDONED

Mode Title o Of Other Personal Property

Directly and immediately
Serves merely to give the Abandoned may be acquired
produces a real right
occasion for its Lost not known to be
acquisition or existence abandoned (ART. 719)
Cause Means Hidden treasure finder gets
Proximate cause Remote cause
by occupation; landowner gets
Essence of the right
Means whereby that by accession; EXCEPT in
which is to be created or
essence is transmitted CPG system, share goes to the
transmitted
partnership
CIVIL LAW REVIEWER
Specific rules
o Not applicable to ownership of a
piece of land
The ownership of a piece of
land cannot be acquired by
occupation. (Article 714, Civil
Code)
State owns a piece of land
which has no owner therefore it
cannot be acquired by
occupation.
o Privilege to hunt and fish regulated
by special law
Article 715, Civil Code. The
right to hunt and to fish is
regulated by special laws.
o Occupation of a swarm of bees or
domesticated animals
Article 716, Civil Code. The
owner of a swarm of bees shall
have a right to pursue them to
anothers land, indemnifying the
possessor of the latter for the
damage. If the owner has not
pursued the swarm, or ceases
to do so within two consecutive
days, the possessor of the land
may occupy or retain the same.
The twenty days to be counted
from their occupation by another
person. This period having
expired, they shall pertain to him
who has caught and kept them.
Article 560, Civil Code. Wild
animals are possessed only
while they are under one's
control; domesticated or tamed
animals are considered
domestic or tame if they retain
the habit of returning to the
premises of the possessor.
o Pigeons and fish
Article 717, Civil Code.
Pigeons and fish which from
their respective breeding places
pass to another pertaining to a
different owner shall belong to
the latter, provided they have
not been enticed by some
artifice or fraud.
o Hidden treasure
Article 718, Civil Code. He
who by chance discovers
hidden treasure in anothers
Chapter X. MODES of ACQUIRING OWNERSHIP
property shall have the right
granted him in article 438 of this
Code.
o Lost movables; procedure after
finding lost movables
Art. 719, CC
Whoever finds a movable,
which is not treasure, must
return it to its previous
possessor. If the latter is
unknown, the finder shall
immediately deposit it with
the mayor of the city or
municipality where the
finding has taken place.
The finding shall be publicly 218
announced by the mayor for
PROPERTY
two consecutive weeks in
the way he deems best.
If the movable cannot be
kept without deterioration, or
without expenses which
considerably diminish its
value, it shall be sold at
public auction eight days
after the publication.
Six months from the
publication having elapsed
without the owner having
appeared, the thing found,
or its value, shall be
awarded to the finder. The
finder and the owner shall
be obliged, as the case may
be, to reimburse the
expenses.
Article 720, CC. If the owner
should appear in time, he shall
be obliged to pay, as a reward
to the finder, one-tenth of the
sum or of the price of the thing
found.
2. INTELLECTUAL CREATION
Article 721, Civil Code. By intellectual creation, the
following persons acquire ownership:
1. The author with regard to his literary, dramatic,
historical, legal, philosophical, scientific or other
work
2. The composer; as to his musical composition;
3. The painter, sculptor, or other artist, with respect
to the product of his art;
4. The scientist or technologist or any other person
with regard to his discovery or invention.
Article 722, Civil Code. The author and the
composer, mentioned in Nos. 1 and 2 of the
preceding article, shall have the ownership of their
creations even before the publication of the same.
Once their works are published, their rights are
CIVIL LAW REVIEWER
governed by the Copyright laws.
The painter, sculptor or other artist shall have
dominion over the product of his art even before it is
copyrighted.
The scientist or technologist has the ownership of his
discovery or invention even before it is patented.
Article 723, Civil Code. Letters and other private
communications in writing are owned by the person to
whom they are addressed and delivered, but they
cannot be published or disseminated without the
consent of the writer or his heirs. However, the court
may authorize their publication or dissemination if the
public good or the interest of justice so requires.
Article 724, Civil Code. Special laws govern
copyright and patent.
Dual interest in letters (ART. 723):
o From the viewpoint of the
SENDER/WRITER the intellectual
property consists in the ideas and
thoughts expressed therein.
o From the viewpoint of the
RECIPIENT the paper or material
used where the writing was
impressed or done, pertains in
ownership to the recipient.
Intellectual Property Code of 1997
(RA 8293) is the special law which
governs copyright and patent
INTELLECTUAL PROPERTY RIGHTS
1. COPYRIGHT and RELATED RIGHTS
Copyright
o an intangible, incorporeal right
o granted by statute
o to the author or originator of certain
literary or artistic productions,
o whereby he is invested, for a
specific period,
30 YRS. renewable for another
30 YRS.
40 YRS for SERIAL publications
st
from the publication of the 1
volume renewable for 30 YRS.
o with the sole and exclusive privilege
of multiplying copies of the same
and publishing and selling them.
Purpose of the law: protect and control
the visible thing created and the
intangible estate arising from the
privilege of publishing and selling to
others copies of the thing produced
Kinds
o Common law copyright
Chapter X. MODES of ACQUIRING OWNERSHIP
o Statutory copyright
2. TRADEMARKS, TRADE NAMES and
SERVICE MARKS
Definitions under the Trademark Law
(RA 166):
o Trademark - any word, name,
symbol, emblem, sign or device or
any combination thereof adopted
and used by a manufacturer or
merchant to identify his goods and
distinguish them from those
manufactured, sold or dealt in by
others.
o Trade-name - individual names and
surnames, firm names, trade-
219
PROPERTY
names, devices or words used by
manufacturers, industrialists,
merchants, agriculturists, and others
to identify their business, vocations
or occupations
o Service mark - mark used in the
sale or advertising of services to
identify the services of one person
and distinguish them from the
services of others
3. GEOGRAPHIC INDICATIONS of ORIGIN
False designation of origin is punishable
under ART. 189 of RPC
4. INDUSTRIAL DESIGNS
Any composition of lines and colors or
any 3-dimensional form, w/n associated
with lines and colors
5. PATENTS
An exclusive right to invention granted to
a patentee, his heirs or assigns for the
term thereof
Essential elements of an invention to
be patentable:
o Novelty
o Prior art
Requisites:
o There must be an invention
o Of a new and useful machine,
product/substance of possible
advantage to the public
o Not previously known or used or
described in printed publications or
in public use or on sale in the Phils.
or covered by prior patent
o Includes new and original industrial
designs
o NOT patentable if:
Contrary to public order, morals,
public health or welfare
Abstract idea/principle/theorem
CIVIL LAW REVIEWER Chapter X. MODES of ACQUIRING OWNERSHIP

6. TOPOGRAPHIES of INTEGRATED o Public

CIRCUITS o Peaceful
7. RIGHTS of PERFORMERS, PRODUCERS o Uninterrupted
of SOUND RECORDINGS and o Adverse
BROADCASTING ORGANIZATIONS
8. PROTECTION of UNDISCLOSED ACQUISITIVE v. EXTINCTIVE
INFORMATION
_______________ Acquisitive
Extinctive Prescription
Prescription
vests the property and
B. DERIVATIVE raise a new title in the Statute of limitation
occupant
Derivative modes of acquiring ownership are Positive action of the Inaction or neglect of the
possessor owner
based on a right previously held by another
person, and therefore, subject to the same
characteristics, powers, burdens, etc. as when Requisites common to ordinary and 220
held by previous owner. extraordinary acquisitive

PROPERTY
prescription:
1. LAW should be interpreted to apply only to o Capacity of the acquirer
situations where ownership is vested o Capacity of the loser to lose by
independently of the other modes prescription
o Object susceptible to prescription
2. DONATION see next chapter o Lapse of required time
Ordinary acquisitive
3. SUCCESSION MORTIS CAUSA - Movable property 4yrs
- Immovable 10yrs
Article 774, Civil Code. Succession is a mode of Extraordinary acquisitive
acquisition by virtue of which the property, rights and - Movable 8yrs
obligations to the extent of the value of the - Immovable 30yrs
inheritance, of a person are transmitted through his
death to another or others either by his will or by Additional requirements for ordinary
operation of law. acquisitive prescription:
o Good faith
Article 776, Civil Code. The inheritance includes all
the property, rights and obligations of a person which o Just title
are not extinguished by his death
5. TRADITION
Article 777, Civil Code. The rights to the succession Requisites:
are transmitted from the moment of the death of the o Pre-existence of right in estate of
decedent. grantor
o Just cause or title for the
Elements of Succession: transmission
o Transmission of property, rights and o Intention
obligations to another o Capacity
o Cause of transmission is the DEATH o Act of giving it outward form,
of the decedent physically, symbolically or legally
o Procedure of transmission is by
WILL or OPERATION of LAW Kinds:
o ACCEPTANCE of the inheritance by o Real tradition PHYSICALY
the heir DELIVERY of the thing; actual
Rights to the succession are vested as transfer of control and possession
of the MOMENT of DEATH of the with intent to pass ownership or real
decedent right over the property
Movable hand to hand transfer
4. (ACQUISITIVE) PRESCRIPTION of the thing
Mode of acquiring ownership through Immovable material acts
the lapse of time in the manner and performed by grantee
under the conditions laid down by law
Possession should be:
o In the concept of an owner
CIVIL LAW REVIEWER Chapter X. MODES of ACQUIRING OWNERSHIP

o Constructive tradition NOT the real

or material delivery of the thing that
may take place in any of the ff:
Symbolic delivery delivery of
signs or things which represent
that which is being transmitted
Delivery of public instrument
substitution of the real delivery
of possession by a public writing
with delivery of document
Traditio longa manu pointing
of the thing within sight by
grantor to grantee
Traditio brevi manu
grantees continuous
possession over the thing 221
delivered but now under the title

PROPERTY
of ownership
Traditio constitutum
possessorium owner
remains in possession of the
thing but in another concept
Quasi-tradition delivery of
incorporeal things or rights by
the grantee of his right with the
owners consent
Tradition by operation of law
CIVIL LAW REVIEWER Chapter XI. DONATION

Irrevocable EXCEPT for the ff grounds:

Chapter XI. Donation o Subsequent birth of the donors
I. NATURE
children
II. REQUISITES o Donors failure to comply with
III. KINDS imposed conditions
IV. WHO MAY GIVE OR RECEIVE DONATIONS o Donees ingratitude
V. WHO MAY NOT GIVE OR RECEIVE o Reduction of donation by reason of
DONATIONS inofficiousness
VI. ACCEPTANCE NO OPTION to revoke AT WILL before
VII. FORM the donor dies
VIII. WHAT MAY BE DONATED
IX. EFFECT
X. REVOCATION AND REDUCTION 2. MORTIS CAUSA

Article 728, Civil Code. Donations which are to take

I. Nature effect upon the death of the donor partake of the
BILATERAL contract creating nature of testamentary provisions, and shall be 222
governed by the rules established in the Title on

PROPERTY
UNILATERAL obligations on the donors
part Succession.
Requires CONSENT of BOTH donor
and donee though it produces Becomes effective upon the death of
obligations only on the side of the donor
DONOR Donors death ahead of the donee is a
SUSPENSIVE CONDITION for the
existence of the donation
II. Requisites
Characteristics:
CONSENT and CAPACITY of the o Transferor retains ownership and
parties control of the property while alive
ANIMUS DONANDI (intent to donate) o Transfer is revocable at will before
DELIVERY of thing donated his death
FORM as prescribed by law o Transfer will be VOID if the
IMPOVERISHMENT of donors transferor should survive the
patrimony and ENRICHMENT on part of transferee
done
INTER VIVOS v. MORTIS CAUSA
III. Kinds
Inter vivos Mortis causa
A. As to its taking effect Must be in the
form of a will, with
Executed and all the formalities
1. INTER VIVOS accepted with for the validity of
As to
formalities wills
Article 729, Civil Code. When the donor intends formalities
prescribed by CC Otherwise, its
that the donation shall take effect during the lifetime of 748 & 749 void and cannot
the donor, though the property shall not be delivered transfer
till after the donor's death, this shall be a donation ownership.
inter vivos. The fruits of the property from the time of Effective during Effective after the
the acceptance of the donation, shall pertain to the As to
the lifetime of the death of the
donee, unless the donor provides otherwise. effectivity
donor donor
Acceptance must
Article 730, Civil Code. The fixing of an event or the be made after the
imposition of a suspensive condition, which may take death of the
place beyond the natural expectation of life of the donor, the
donor, does not destroy the nature of the act as a donation being
donation inter vivos, unless a contrary intention Acceptance must effective only
appears. As to be made during after the death of
acceptance the lifetime of the donor.
Article 731, Civil Code. When a person donates donor Acceptance
something, subject to the resolutory condition of the during the donors
donor's survival, there is a donation inter vivos. lifetime is
premature and
Take effect independently of the donors ineffective
death because there
CIVIL LAW REVIEWER Chapter XI. DONATION

can be no
contract regarding ORDINARY v. PROPTER NUPTIAS
future inheritance
Ownership is Ordinary Propter nuptias
As to immediately Express
transfer of transferred. Ownership is Necessary Not required
acceptance
ownership Delivery of transferred after
As to Cant be made by May be made by
for right of possession is death
minors minors minors (FC 78)
disposition allowed after
May include
death
As to future Cannot include future property
Irrevocable may
property future property (same rule as
be revoked only Revocable upon
As to wills)
for the reasons the exclusive will
revocation No limit to If present property
provided in CC of the donor Limit as to
donation of is donated and
760, 764, 765 donation of
present property property regime is
When it is present
provided legitimes ACP, limited to
excessive or property
are not impaired 1/5 223
inofficious, being When it is
Grounds

As to preferred, it is excessive or
reduction or reduced only after inofficious, it is
suppression the donations reduced first, or
mortis causa had even suppressed
been reduced or
exhausted
NATURE of the act, whether its one of disposition or
of execution, is CONTROLLING to determine whether
the donation is mortis causa or inter vivos.
What is important is the TIME of TRANSFER of
ownership even if transfer of property donated may be
subject to a condition or a term.
Whether the donation is inter vivos or mortis causa
depends on whether the donor intended to transfer
ownership over the properties upon the execution of
the deed. (Gestopa v. CA; Austria-Magat v. CA)
3. PROPTER NUPTIAS
Article 82, Family Code. W hen the donor intends
that the donation shall take effect during the lifetime of
the donor, though the property shall not be delivered
till after the donor's death, this shall be a donation
inter vivos. The fruits of the property from the time of
the acceptance of the donation, shall pertain to the
donee, unless the donor provides otherwise.
Article 87, Family Code. Every donation or grant of
gratuitous advantage, direct or indirect, between the
spouses during the marriage shall be void, except
moderate gifts which the spouses may give each
other on the occasion of any family rejoicing. The
prohibition shall also apply to persons living together
as husband and wife without a valid marriage.
Requisites
o Must be made BEFORE the
celebration of marriage
o Made in CONSIDERATION of the
marriage
o Made in FAVOR of ONE or BOTH of
the future spouses
PROPERTY
for Law on donations FC 86
revocation
______________
B. As to cause or consideration
1. SIMPLE made out of PURE LIBERALITY
or because of the MERITS of the done
2. REMUNERATORY made for SERVICES
already rendered to the donor
3. ONEROUS imposes a BURDEN inferior in
value to property donated
a. Improper burden EQUAL in value to
property donated
b. Sub-modo or modal imposes a
prestation upon donee as to how
property donated will be applied
c. Mixed donations ex: sale for price
lower than value of property
A simple or pure donation is one whose cause is pure
liberality, while an onerous donation is one subject to
burdens, charges, or future services equal to or more
in value than the thing donated. (Lagazo v. CA)
C. As to effectivity or extinguishment
1. PURE donation is without conditions or
periods
2. CONDITIONAL donation is subject to
suspensive or resolutory conditions
3. WITH A TERM
IV. Who May Give or Receive Donations
Article 735, Civil Code. All persons who may
contract and dispose of their property may make a
donation.
Article 737, Civil Code. The donor's capacity shall be
determined as of the time of the making of the
donation.
CIVIL LAW REVIEWER
Article 738, Civil Code. All those who are not
specially disqualified by law therefor may accept
donations.
Article 741, Civil Code. Minors and others who
cannot enter into a contract may become donees but
acceptance shall be done through their parents or
legal representatives.
Article 737, Civil Code. Donations made to
conceived and unborn children may be accepted by
those persons who would legally represent them if
they were already born.
Capacity to donate is required for donations
inter vivos and NOT mortis causa
o Donors capacity determined as of the
TIME of the DONATION. Subsequent
incapacity is immaterial
Capacity to accept donations ALL persons
NOT disqualified by law may be donees
V. Who May Not Give or Receive
Donations
Article 736, Civil Code. All persons who may
contract and dispose of their property may make a
donation.
Article 739, Civil Code. The following donations shall
be void:
1. Those made between persons who were guilty of
adultery or concubinage at the time of the
donation;
2. Those made between persons found guilty of the
same criminal offense, in consideration thereof;
3. Those made to a public officer or his wife,
descedants and ascendants, by reason of his
office.In the case referred to in No. 1, the action
for declaration of nullity may be brought by the
spouse of the donor or donee; and the guilt of the
donor and donee may be proved by
preponderance of evidence in the same action.
Article 1027, Civil Code. The following are incapable
of succeeding:
1. The priest who heard the confession of the
testator during his last illness, or the minister of
the gospel who extended spiritual aid to him
during the same period;
2. The relatives of such priest or minister of the
gospel within the fourth degree, the church,
order, chapter, community, organization, or
institution to which such priest or minister may
belong;
3. A guardian with respect to testamentary
dispositions given by a ward in his favor before
the final accounts of the guardianship have been
approved, even if the testator should die after the
approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when
the latter is his ascendant, descendant, brother,
Chapter XI. DONATION
sister, or spouse, shall be valid;
4. Any attesting witness to the execution of a will,
the spouse, parents, or children, or any one
claiming under such witness, spouse, parents, or
children;
5. Any physician, surgeon, nurse, health officer or
druggist who took care of the testator during his
last illness;
6. Individuals, associations and corporations not
permitted by law to inherit.
Article 1032, Civil Code. The following are incapable
of succeeding by reason of unworthiness:
1. Parents who have abandoned their children or
induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue;
2. Any person who has been convicted of an 224
attempt against the life of the testator, his or her
PROPERTY
spouse, descendants, or ascendants;
3. Any person who has accused the testator of a
crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
found groundless;
4. Any heir of full age who, having knowledge of the
violent death of the testator, should fail to report it
to an officer of the law within a month, unless the
authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to law, there is no obligation to make
an accusation;
Article 740, Civil Code. Incapacity to succeed by will
shall be applicable to donations inter vivos.
Article 743, Civil Code. Donations made to
incapacitated persons shall be void, though simulated
under the guise of another contract or through a
person who is interposed.
Article 744, Civil Code. Donations of the same thing
to two or more different donees shall be governed by
the provisions concerning the sale of the same thing
to two or more different persons.
A. By reason of public policy (ART. 739)
1. Those made between persons guilty of
adultery or concubinage at the time of
donation
2. Those made between persons guilty of the
same criminal offense if the donation is
made in consideration thereof
3. Those made to a public officer, his spouse,
descendants, and/or ascendants by reason
of the office
B. By reason of donees unworthiness
(ART. 1032 and 1027 [except (4)])
C. By reason of prejudice to creditors or
heirs (voidable)
CIVIL LAW REVIEWER
VI. Acceptance
Donation is perfected upon the
DONORS LEARNING of the
acceptance
Acceptance may be made during the
LIFETIME of BOTH donor and donee
A. WHO MAY ACCEPT
Article 745, Civil Code. The donee must accept the
donation personally, or through an authorized person
with a special power for the purpose, or with a general
and sufficient power; otherwise, the donation shall be
void.
Article 747, Civil Code. Persons who accept
donations in representation of others who may not do
so by themselves, shall be obliged to make the
notification and notation of which Article 749 speaks.
Acceptance or consent must be
PERSONAL or through a person
AUTHORIZED generally or specifically
B. TIME of ACCEPTANCE
Article 746, Civil Code. Acceptance must be made
during the lifetime of the donor and of the donee.
The donation is perfected only upon the moment
the donor knows of the donees acceptance. If the
acceptance is made in a separate instrument, the
donor shall be notified thereof in an authentic form,
and this step shall be noted in both instruments.
(Lagazo v CA)
VII. Form
A. PERSONAL PROPERTY
Article 748 , The donation of a movable may be
made orally or in writing.
An oral donation requires the simultaneous delivery of
the thing or of the document representing the right
donated.
If the value of the personal property donated exceeds
five thousand pesos, the donation and the acceptance
shall be made in writing, otherwise, the donation shall
be void.
WITH simultaneous delivery of donated
property may be oral UNLESS it
exceeds P5k in which case its VOID if
NOT in writing
WITHOUT simultaneous delivery must
be in WRITING including the
ACCEPTANCE regardless of value
Chapter XI. DONATION
B. REAL PROPERTY
Article 749, Civil Code. In order that the donation of
an immovable may be valid, it must be made in a
public document, specifying therein the property
donated and the value of the charges which the
donee must satisfy.
The acceptance may be made in the same deed of
donation or in a separate public document, but it shall
not take effect unless it is done during the lifetime of
the donor.
If the acceptance is made in a separate instrument,
the donor shall be notified thereof in an authentic
form, and this step shall be noted in both instruments. 225
PROPERTY
Must be in PUBLIC INSTRUMENT
specifying donated property and
burdens assumed by the donee
regardless of value
Acceptance must be EITHER:
o In the SAME INSTRUMENT OR
o In ANOTHER PUBLIC
INSTRUMENT notified to the donor
in authentic form and noted in both
deeds
Title to immovable property does not pass from donor
to donee by virtue of a deed of donation until and
unless it has been accepted in a public instrument
and the donor duly notified thereof. Where the deed
fails to show the acceptance, or where the formal
notice of the acceptance made in a separate
instrument is not given to the donor or else not noted
in the deed of donation and in the separate
acceptance, the donation is null and void. (Sumipat v
Banga)
Exceptions:
o Donations propter nuptias need
NO express acceptance
o Onerous donations form governed
by the rules of contracts
VIII. What May Be Donated
A. ALL PRESENT PROPERTY or PART
THEREOF of THE DONOR
1. Provided he RESERVES, in full ownership
or usufruct, sufficient means for support of
himself and all relatives entitled to be
supported by donor at the time of
acceptance
Article 750, Civil Code. The donations may
comprehend all the present property of the donor, or
part thereof, provided he reserves, in full ownership or
in usufruct, sufficient means for the support of himself,
CIVIL LAW REVIEWER
and of all relatives who, at the time of the acceptance
of the donation, are by law entitled to be supported by
the donor. Without such reservation, the donation
shall be reduced in petition of any person affected.
2. Provided that NO PERSON may give or
receive by way of donation, more than he
may give or receive by will (ART. 752); also,
reserves property sufficient to pay donors
debts contracted before donation, otherwise,
donation is in FRAUD of creditors (ARTS.
759, 1387)
Article 752, Civil Code. The provisions of Article 750
notwithstanding, no person may give or receive, by
way of donation, more than he may give or receive by
will.
The donation shall be inofficious in all that it may
exceed this limitation.
Article 759, Civil Code. There being no stipulation
regarding the payment of debts, the donee shall be
responsible therefor only when the donation has been
made in fraud of creditors
. Article 751, Civil Code.
The donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to the
donation.
Article 1387, Civil Code. All contracts by virtue of
which the debtor alienates property by gratuitous title
are presumed to have been entered into in fraud of
creditors, when the donor did not reserve sufficient
property to pay all debts contracted before the
donation.
Alienations by onerous title are also presumed
fraudulent when made by persons against whom
some judgment has been issued. The decision or
attachment need not refer to the property alienated,
and need not have been obtained by the party
seeking the rescission.
In addition to these presumptions, the design to
defraud creditors may be proved in any other manner
recognized by the law of evidence.
3. If donation EXCEEDS the disposable or free
portion of his estate, donation is inofficious
4. EXCEPTIONS
a. Donations provided for in marriage
settlements between future spouses
not more than 1/5 of present property
FC Article 84. If the future spouses agree upon a
regime other than the absolute community of
property, they cannot donate to each other in their
marriage settlements more than one-fifth of their
present property. Any excess shall be considered
void.
Chapter XI. DONATION
Donations of future property shall be governed by the
provisions on testamentary succession and the
formalities of wills.
CC Article 130. The future spouses may give each
other in their marriage settlements as much as one-
fifth of their present property, and with respect to their
future property, only in the event of death, to the
extent laid down by the provisions of this Code
referring to testamentary succession.
b. Donation propter nuptias by an
ascendant consisting of jewelry,
furniture or clothing not to exceed 1/10
of disposable portion
226
Article 1070, Civil Code. Wedding gifts by parents
PROPERTY
and ascendants consisting of jewelry, clothing, and
outfit, shall not be reduced as inofficious except
insofar as they may exceed one-tenth of the sum
which is disposable by will.
B. WHAT MAY NOT BE DONATED
FUTURE PROPERTY
Donations cannot
comprehend future property.
By future property is understood anything which the
donor cannot dispose of at the time of the donation.
Includes ALL property that belongs to
others at the time the donation is made
although it may or may not later belong
to the donor
IX. Effect
A. IN GENERAL
1. Donee may demand actual delivery of thing
donated
2. Donee is SUBROGATED to rights of donor
in the property donated
Article 754, Civil Code. The donee is subrogated to
all the rights and actions which in case of eviction
would pertain to the donor. The latter, on the other
hand, is not obliged to warrant the things donated,
save when the donation is onerous, in which case the
donor shall be liable for eviction to the concurrence of
the burden.
The donor shall also be liable for eviction or hidden
defects in case of bad faith on his part.
3. Donor NOT obliged to warrant things
donated EXCEPT in onerous donations in
which case donor is liable for eviction up to
extent of burden (ART. 754)
CIVIL LAW REVIEWER
4. Donor is liable for EVICTION or HIDDEN
DEFECTS in case of BF on his part (ART.
754)
5. In donation propter nuptias, donor must
RELEASE property donated from mortgages
and other encumbrances UNLESS the
contrary has been stipulated
Article 131, Civil Code. The donor by reason of
marriage shall release the property donated from
mortgages and all other encumbrances upon the
same, with the exception of easements, unless in the
marriage settlements or in the contracts the contrary
has been stipulated.
6. Donations to several donees jointly NO
right of accretion EXCEPT:
a. Donor provides otherwise
b. Donation to husband and wife jointly
with right of accretion UNLESS donor
provides otherwise
Article 753, Civil Code. When a donation is made to
several persons jointly, it is understood to be in equal
shares, and there shall be no right of accretion among
them, unless the donor has otherwise provided.
The preceding paragraph shall not be applicable to
donations made to the husband and wife jointly,
between whom there shall be a right of accretion, if
the contrary has not been provided by the donor.
B. SPECIAL PROVISIONS
1. Reservation by donor of power to dispose
(in whole or in part) or to encumber property
donated
Article 755, Civil Code. The right to dispose of some
of the things donated, or of some amount which shall
be a charge thereon, may be reserved by the donor;
but if he should die without having made use of this
right, the property or amount reserved shall belong to
the donee.
2. Donation of naked ownership to one donee
and usufruct to another
Article 756, Civil Code. The ownership of property
may also be donated to one person and the usufruct
to another or others, provided all the donees are living
at the time of the donation.
3. Conventional reversion in favor of donor or
other person
Article 757, Civil Code. Reversion may be validly
established in favor of only the donor for any case
and circumstances, but not in favor of other persons
unless they are all living at the time of the donation.
Any reversion stipulated by the donor in favor of a
Chapter XI. DONATION
third person in violation of what is provided in the
preceding paragraph shall be void, but shall not nullify
the donation.
4. Payment of donors debt
Article 758, Civil Code. When the donation imposes
upon the donee the obligation to pay the debts of the
donor, if the clause does not contain any declaration
to the contrary, the former is understood to be liable
to pay only the debts which appear to have been
previously contracted. In no case shall the donee be
responsible for the debts exceeding the value of the
property donated, unless a contrary intention clearly
appears.
If expressly stipulated donee to pay
only debts contracted BEFORE the
227
donation UNLESS specified otherwise.
PROPERTY
But in no case shall donee be
responsible for debts exceeding value of
property donated unless clearly intended
If theres NO stipulation donee
answerable only for donors debt ONLY
in case donation is in fraud of creditors
5. Illegal or impossible conditions
Article 272, Civil Code. Children who are legitimated
by subsequent marriage shall enjoy the same rights
as legitimate children.
Article 1183, Civil Code. Impossible conditions,
those contrary to good customs or public policy and
those prohibited by law shall annul the obligation
which depends upon them. If the obligation is
divisible, that part thereof which is not affected by the
impossible or unlawful condition shall be valid.
The condition not to do an impossible thing shall be
considered as not having been agreed upon.
X. Revocation and Reduction
A. DISTINCTIONS
Revocation Reduction
Total, whether the Made insofar as the
legitime is impaired or not legitime is prejudiced
Benefits the donors heirs
(except when made on
Benefits the donor
the ground of the
appearance of a child)
B. CAUSES of REVOCATION OR
REDUCTION
1. Inofficiousness
Article 752, Civil Code. The provisions of Article 750
notwithstanding, no person may give or receive, by
way of donation, more than he may give or receive by
will.
CIVIL LAW REVIEWER
The donation shall be inofficious in all that it may
exceed this limitation.
Article 771, Civil Code. Donations which in
accordance with the provisions of Article 752, are
inofficious, bearing in mind the estimated net value of
the donor's property at the time of his death, shall be
reduced with regard to the excess; but this reduction
shall not prevent the donations from taking effect
during the life of the donor, nor shall it bar the donee
from appropriating the fruits.
For the reduction of donations the provisions of this
Chapter and of Articles 911 and 912 of this Code shall
govern.
Article 773, Civil Code. If, there being two or more
donations, the disposable portion is not sufficient to
cover all of them, those of the more recent date shall
be suppressed or reduced with regard to the excess.
Who may ask for reduction
Article 772, Civil Code.Only those who at the time of
the donor's death have a right to the legitime and their
heirs and successors in interest may ask for the
reduction or inofficious donations.
Those referred to in the preceding paragraph cannot
renounce their right during the lifetime of the donor,
either by express declaration, or by consenting to the
donation.
The donees, devisees and legatees, who are not
entitled to the legitime and the creditors of the
deceased can neither ask for the reduction nor avail
themselves thereof.
Rule applied if disposable portion not
sufficient to cover 2 or more donations
(ART. 773)
2. Subsequent birth, reappearance of child
or adoption of minor by donor
Article 760, Civil Code. Every donation inter vivos,
made by a person having no children or descendants,
legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided in
the next article, by the happening of any of these
events:
1. If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they be posthumous;
2. If the child of the donor, whom the latter believed
to be dead when he made the donation, should
turn out to be living;
3. If the donor subsequently adopt a minor child.
Effects:
o Donation is VALID if not exceeding
the free part computed as of the
Chapter XI. DONATION
birth, adoption or reappearance of
the child
o Donee must return the property or
its value at the time of the donation
o Fruits to be returned from the filing
of the action
o Mortgages by the donee are valid
but may be discharged subject to
reimbursement from the donee
Extent of revocation only to the
extent of the presumptive legitime of the
child
Prescription 4yrs
228
C. REVOCATION ONLY
PROPERTY
1. Ingratitude
Article 765, Civil Code. The donation may also be
revoked at the instance of the donor, by reason of
ingratitude in the following cases:
1. If the donee should commit some offense against
the person, the honor or the property of the
donor, or of his wife or children under his parental
authority;
2. If the donee 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;
2. If he unduly refuses him support when the donee
is legally or morally bound to give support to the
donor.
Applies to all donations EXCEPT:
o Mortis causa
o Propter nuptias
o Onerous
Founded on moral duty one who
received a donation must be grateful to
his benefactor
Conviction NOT necessary
Time to file action for revocation within
1yr from knowledge of the offense
Article 769, Civil Code. The action granted to the
donor by reason of ingratitude cannot be renounced
in advance. This action prescribes within one year, to
be counted from the time the donor had knowledge of
the fact and it was possible for him to bring the action.
Who may file donor must bring action
himself; NOT transmissible to his heirs
Article 770, Civil Code. This action shall not be
transmitted to the heirs of the donor, if the latter did
not institute the same, although he could have done
so, and even if he should die before the expiration of
one year.
CIVIL LAW REVIEWER
Neither can this action be brought against the heir of
the donee, unless upon the latter's death the
complaint has been filed.
Effect of revocation on alienations and
encumbrances
Article 766, Civil Code. Although the donation is
revoked on account of ingratitude, nevertheless, the
alienations and mortgages effected before the
notation of the complaint for revocation in the Registry
of Property shall subsist.
Later ones shall be void.
Article 767, , Civil Code.In the case referred to in the
first paragraph of the preceding article, the donor shall
have a right to demand from the donee the value of
property alienated which he cannot recover from third
persons, or the sum for which the same has been
mortgaged.
The value of said property shall be fixed as of the time
of the donation.
2. Violation of condition
D. Effect of revocation or reduction
Article 762, Civil Code. Upon the revocation or
reduction of the donation by the birth, appearance or
adoption of a child, the property affected shall be
returned or its value if the donee has sold the same.
If the property is mortgaged, the donor may redeem
the mortgage, by paying the amount guaranteed, with
a right to recover the same from the donee.
SUMMARY
All present property of the donor or
What may be donated (Article 750)
part thereof
Chapter XI. DONATION
When the property cannot be returned, it shall be
estimated at what it was worth at the time of the
donation.
Article 764, par. 2, Civil Code. In this case, the
property donated shall be returned to the donor, the
alienations made by the donee and the mortgages
imposed thereon by him being void, with the
limitations established, with regard to third persons,
by the Mortgage Law and the Land Registration Laws.
Article 767, Civil Code. In the case referred to in the
first paragraph of the preceding article, the donor shall
have a right to demand from the donee the value of
property alienated which he cannot recover from third
persons, or the sum for which the same has been
mortgaged. 229
PROPERTY
Effect as to fruits
Article 768, Civil Code. When the donation is
revoked for any of the causes stated in Article 760, or
by reason of ingratitude, or when it is reduced
because it is inofficious, the donee shall not return the
fruits except from the filing of the complaint.
If the revocation is based upon noncompliance with
any of the conditions imposed in the donation, the
donee shall return not only the property but also the
fruits thereof which he may have received after having
failed to fulfill the condition.
Limitation:
1) He reserves in full ownership or
in usufruct, sufficient means for
his support and all relatives who
are at the time of the acceptance
of the donation are, by law,
entitled to be supported
Effect of non-reservation: reduction
of the donation
2) He reserves sufficient property
at the time of the donation for
the full settlement of his debts
Effect of non-reservation: considered
to be a donation in fraud of creditors,
and donee may be liable for
damages
CIVIL LAW REVIEWER Chapter XI. DONATION

1) Future property; those which the

donor cannot dispose of at the
time of the donation (Article 751)
What may not be donated
2) More than what he may give or
receive by will (Article 752)
If exceeds: inofficious
No accretion one donee does not Exception: those given to husband
Donations made to several
get the share of the other donees and wife, except when the donor
persons jointly
who did not accept (Article 753) otherwise provides
Who are not allowed:
1) Guardians and trustees with
respect to the property entrusted
Who are allowed: All persons who
to them (Article 736)
may contract (of legal age) and
2) Made between person who are
dispose of their property (Article 735)
Donor guilty of adultery and
Donors capacity is determined at the
concubinage (Article 739)
time of the making of donation
(Article 737)
3) Made between persons found 230
guilty of the same criminal

Donee
Acceptance of the donation
What the donee acquires with the
thing
Obligation of the donor
Obligation of the donee
What may be reserved by the
donor
Reversion
Who are allowed to accept
donations: Those who are not
specifically disqualified by law
(Article 738)
Those who are allowed, with
qualifications:
1) Minors and others who are
incapacitated (see Article 38),
provided that their acceptance is
done through their parents or
legal representatives (Article
741)
2) Conceived and unborn children,
provided that the donation is
accepted by those who would
legally represent them if they
were already born
Who may accept (Article 745):
1) Donee personally
2) Authorized person with a special
power for the purpose or with a
general sufficient power
He shall be subrogated to all the
rights and actions that would pertain
to the donor in case of eviction
(Article 754)
No obligation to warrant (Article 754)
If the donation so states, the donee
may be obliged to pay the debts
previously contracted by the donor
and in no case shall he be
responsible for the debts exceeding
the value of the thing donated (Article
758)
Right to dispose of some of the
things donated, or of dome amount
which shall be a charge thereon
The property donated may be
restored or returned to
1) Donor or his estate; or
2) Another person
PROPERTY
offense, in consideration thereof
(Article 739)
Who are not allowed:
1) Made between person who are
guilty of adultery and
concubinage (Article 739)
2) Made between persons found
guilty of the same criminal
offense, in consideration thereof
(Article 739)
3) Made to a public officer or his
wife, descendant and
ascendants, by reason of his
office (Article 739)
4) Those who cannot succeed by
will (Article 740)
5) Those made to incapacitated
persons, although simulated
under the guise of another
contract (Article 743)
When to accept: during the lifetime of
the donor or donee (Article 746)
Exception: when the donation is
onerous
Exception: when contrary intention
appears
If the donor dies without exercising
this right, the portion reserved shall
belong to the donee
Limitation to (2): the third person
whoul be living at the time of the
donation
CIVIL LAW REVIEWER Chapter XI. DONATION

REVOCATION/REDUCTION

Basis Time of Action Transmissibility Effect Liability (Fruits)

Transmitted to Property returned/
Within 4 years from Fruits returned from
Birth, appearance, children and value (if sold)/
birth, legitimation the filing of the
adoption descendants upon redeem mortgage
and adoption complaint
the death of donor with right to recover
Property returned,
May be transmitted to alienations and
Fruits received after
Non-compliance Within 4 years from donors heirs and mortgages void
having failed to fulfill
with condition non-compliance may be exercised subject to rights of
condition returned
against donees heirs third persons in
good faith
Property returned,
but alienations and
mortgages effected
Within 1 year after Generally not
before the notation
Fruits received from 231
Ingratitude knowledge of the transmitted to heirs of the filing of the
of the complaint for

PROPERTY
fact donor/ donee complaint returned
revocation in the
registry of property
subsist
Failure to reserve At any time, by the Reduced to the
sufficient means for donor or relatives Not transmissible extent necessary to Donee entitled
support entitled o support provide support
Donation takes
Inofficiousness for effect on the lifetime
Within 5 years from
being in excess of Transmitted to of donor. Reduction
the death of the Donee entitled
what the donor can donors heirs only upon his death
donor
give by will with regard to the
excess
Rescission within 4
Returned for the Fruits returned/ if
years from the Transmitted to
Fraud against benefit of the impossible,
perfection of creditors heirs or
creditors creditor who brought indemnify creditor
donation/ knowledge successors-in-interest
the action for damages
of the donation
CIVIL LAW REVIEWER Chapter XII. LEASE

o Lease of consumables which

Chapter XII. Lease are ACCESSORIES in the lease
of an industrial management
I. GENERAL CHARACTERISTICS
II. KINDS
A. LEASE OF THINGS B. SPECIAL CHARACTERISTICS of LEASE
B. LEASE OF WORK of THINGS
C. LEASE OF SERVICES
III. LEASE OF THINGS Essential purpose is to TRANSMIT the
USE or ENJOYMENT of a thing
I. General Characteristics Consensual
a. Temporary duration Onerous
b. Onerous Price is FIXED in relation to the period
c. Price is fixed according to contract of use/enjoyment
duration Temporary
232
C. LEASE DISTINGUISHED FROM SALE,
II. Kinds

PROPERTY
USUFRUCT, COMMODATUM

A. Lease of things Involves an obligation on Lease Sale

the part of the lessor to deliver the thing Only the use or Permanent transmission
which is the object thereof and the enjoyment of the thing is of ownership of the thing
correlative right of the lessee to peaceful transferred and only for a sold, unless subject to a
and adequate enjoyment thereof for a price determinate period resolutory condition
certain Seller must be the owner
or at least authorized by
Lessor need not be the
the owner to transfer
B. Lease of work or contract of labor (Arts. owner of the thing leased
ownership of the thing at
1700-1712) the time it is derived

C. Lease of services Lease Usufruct

1. Household service A real right only by
2. Contract for a piece of work (ARTS. exception (When
1713-1731) Always a real right
registered and for more
3. Lease of services of common carriers than 1 year)
(ARTS. 1732-1763) To constitute usufruct,
To constitute a usufruct,
ownership is not required
one must be the owner of
in order to lease an
the thing.
object
III. Lease of Things Lessor places and Owner allows the
maintains the lessee in usufructuary to use and
A. CONCEPT enjoymentof the thing. enjoy the property
Usufruct includes all
Lease may be limited to
Article 1643, Civil Code. In the lease of things, one possible uses and
particular uses by the
of the parties binds himself to give to another the manner of enjoyment of
contract
enjoyment or use of a thing for a price certain, and for the property
a period which may be definite or indefinite. However, Contract of lease must be
no lease for more than ninety-nine years shall be for a definite period,
Usufruct may be for an
valid. absent stipulation of
indefinite period of time
such, court must fix such
period.
Subject matter must be WITHIN THE
COMMERCE OF MAN
Lease Commodatum
General rule: CONSUMMABLE things Onerous Gratuitous
CANNOT be the subject matter of lease; Purely personal in
EXCEPTIONS Not essentially personal character and
o Lease of consumable property in character, therefore, consequently, the death
NOT for purpose of consuming the right may be of either the bailor or
it but for purpose of DISPLAY or transmitted to the heirs bailee extinguishes the
ADVERTISING it (lease ad contract
pompam et ostentationem) Real contract perfected
Consensual contract by the delivery of the
object therefor
CIVIL LAW REVIEWER Chapter XII. LEASE

D. PERIOD of LEASE F. SUBLEASE

MAXIMUM period is 99yrs Article 1650

When period is INDEFINITE: When in the contract of lease of things there is
o RURAL land no express prohibition, the lessee may sublet
the thing leased, in whole or in part, without
Article 1682, Civil Code. The lease of a piece of prejudice to his responsibility for the
rural land, when its duration has not been fixed, is performance of the contract toward the lessor.
understood to have been for all the time necessary for
the gathering of the fruits which the whole estate There are 2 leases and 2 distinct
leased may yield in one year, or which it may yield
juridical relations:
once, although two or more years have to elapse for
the purpose. o Between the LESSOR and
LESSEE
o URBAN land o Between the SUBLESSOR
(lessee) and the SUBLESSEE
233
Article 1687, Civil Code. If the period for the lease Sublessee generally does not have any

has not been fixed, it is understood to be from year to
year, if the rent agreed upon is annual; from month to
month, if it is monthly; from week to week, if the rent
is weekly; and from day to day, if the rent is to be paid
daily. However, even though a monthly rent is paid,
and no period for the lease has been set, the courts
may fix a longer term for the lease after the lessee
has occupied the premises for over one year. If the
rent is weekly, the courts may likewise determine a
longer period after the lessee has been in possession
for over six months. In case of daily rent, the courts
may also fix a longer period after the lessee has
stayed in the place for over one month.
PROPERTY
direct action against the lessor to require
compliance with his or the lessees
obligations or vice versa
Sublessee is NOT a party to the contract
between the lessor and lessee
Obligation of sublessee to lessor
Article 1651, Civil Code. Without prejudice to his
obligation toward the sublessor, the sublessee is
bound to the lessor for all acts which refer to the use
and preservation of the thing leased in the manner
stipulated between the lessor and the lessee.

E. ASSIGNMENT of LEASE For RENTS

Article 1649, Civil Code. The lessee cannot assign
the lease without the consent of the lessor, unless
there is a stipulation to the contrary.
General Rule: lessee CANNOT assign the
lease WITHOUT the CONSENT of the
lessor
UNLESS theres a stipulation to the
contrary
ASSIGNMENT v. SUBLEASE
Article 1652, Civil Code. The sublessee is
subsidiarily liable to the lessor for any rent due from
the lessee. However, the sublessee shall not be
responsible beyond the amount of rent due from him,
in accordance with the terms of the sublease, at the
time of the extrajudicial demand by the lessor.
Payments of rent in advance by the sublessee shall
be deemed not to have been made, so far as the
lessor's claim is concerned, unless said payments
were effected in virtue of the custom of the place.

Assignment of Lease Sublease G. RIGHTS and OBLIGATIONS of LESSOR

Transfer to a third person and LESSEE
of the rights and
obligations arising from 1. Obligations of LESSOR
Merely another contract
the lease contract. It is in Article 1654, Civil Code. The lessor is obliged:
of lease, where the
fact a sale of the lessees (1) To deliver the thing which is the object of the
original lessee becomes
rights, and when the contract in such a condition as to render it fit for the
in turn a lessor. Even
lessor gives his consent use intended;
when the lessor consents
to it, the original lessee is
to the sublease, the
released from his (2) To make on the same during the lease all the
original lease contract
obligations under the necessary repairs in order to keep it suitable for the
still subsists and is
contract. The Express of use to which it has been devoted, unless there is a
binding on the lessee.
the lessor is either stipulation to the contrary;
There is a juxtaposition of
express or implied. There
two leases.
is a succession by (3) To maintain the lessee in the peaceful and
particular title to one adequate enjoyment of the lease for the entire
contract of lease. duration of the contract.
CIVIL LAW REVIEWER Chapter XII. LEASE

Article 1661, Civil Code. The lessor cannot alter the
form of the thing leased in such a way as to impair the
use to which the thing is devoted under the terms of
the lease.
2. Obligations of LESSEE
Article 1667, Civil Code. The lessee is responsible
for the deterioration or loss of the thing leased, unless
he proves that it took place without his fault. This
burden of proof on the lessee does not apply when
the destruction is due to earthquake, flood, storm or
other natural calamity.

Article 1657, Civil Code. The lessee is obliged: SUMMARY of OBLIGATIONS

(1) To pay the price of the lease according to the
terms stipulated; Lessors Obigations Lessees Obligations
(2) To use the thing leased as a diligent father of a Deliver the thing which is
Pay the price of the lease
family, devoting it to the use stipulated; and in the the object of the contract
according to the terms
absence of stipulation, to that which may be in a condition fit for the
stipulated
inferred from the nature of the thing leased, use intended
according to the custom of the place; Use the thing leased as a
Make on the thing all the
(3) To pay expenses for the deed of lease. diligent father of a family,
necessary repairs in
devoting it to the use 234
order to keep it suitable
Article 1662, Civil Code. If during the lease it should stipulated, and in the

PROPERTY
for the use to which it has
become necessary to make some urgent repairs upon absence of stipulation
been devoted, unless
the thing leased, which cannot be deferred until the according to the nature of
there is a stipulation to
termination of the lease, the lessee is obliged to the thing leased and
the contrary
tolerate the work, although it may be very annoying to custom of the place.
him, and although during the same, he may be Maintain the lessee in the
deprived of a part of the premises. peaceful and adequate
Pay for the expenses for
enjoyment of the lease
the deed of lease.
If the repairs last more than forty days the rent shall for the entire duration of
be reduced in proportion to the time - including the the contract.
first forty days - and the part of the property of which
the lessee has been deprived. 3. Right of LESSEE to suspend payment of
rentals
When the work is of such a nature that the portion
which the lessee and his family need for their dwelling
Article 1658, Civil Code. The lessee may suspend
becomes uninhabitable, he may rescind the contract if
the payment of the rent in case the lessor fails to
the main purpose of the lease is to provide a dwelling
make the necessary repairs or to maintain the lessee
place for the lessee.
in peaceful and adequate enjoyment of the property
leased.
Article 1663, Civil Code. The lessee is obliged to
bring to the knowledge of the proprietor, within the
shortest possible time, every usurpation or untoward 4. Right to ask for RESCISSION
act which any third person may have committed or
may be openly preparing to carry out upon the thing Article 1659, Civil Code. If the lessor or the lessee
leased. should not comply with the obligations set forth in
Articles 1654 and 1657, the aggrieved party may ask
He is also obliged to advise the owner, with the same for the rescission of the contract and indemnification
urgency, of the need of all repairs included in No. 2 of for damages, or only the latter, allowing the contract
Article 1654. to remain in force.

In both cases the lessee shall be liable for the
damages which, through his negligence, may be
suffered by the proprietor.
If the lessor fails to make urgent repairs, the lessee, in
order to avoid an imminent danger, may order the
repairs at the lessor's cost.
Article 1665, Civil Code. The lessee shall return the
thing leased, upon the termination of the lease, as he
received it, save what has been lost or impaired by
the lapse of time, or by ordinary wear and tear, or
from an inevitable cause.
Article 1668, Civil Code. The lessee is liable for any
deterioration caused by members of his household
and by guests and visitors.
Article 1660, Civil Code. If a dwelling place or any
other building intended for human habitation is in such
a condition that its use brings imminent and serious
danger to life or health, the lessee may terminate the
lease at once by notifying the lessor, even if at the
time the contract was perfected the former knew of
the dangerous condition or waived the right to rescind
the lease on account of this condition.
5. LESSOR not obliged to answer for mere
rd
act of trespass by a 3 person
Article 1664, Civil Code. The lessor is not obliged to
answer for a mere act of trespass which a third
person may cause on the use of the thing leased; but
the lessee shall have a direct action against the
intruder.
CIVIL LAW REVIEWER
H. GROUNDS for EJECTMENT of LESSEE
by LESSOR
Article 1673
The lessor may judicially eject the lessee for any of
the following causes:
(1) When the period agreed upon, or that which is
fixed for the duration of leases under Articles
1682 and 1687, has expired;
(2) Lack of payment of the price stipulated;
(3) Violation of any of the conditions agreed upon in
the contract;
(4) When the lessee devotes the thing leased to any
use or service not stipulated which causes the
deterioration thereof; or if he does not observe
the requirement in No. 2 of Article 1657, as
regards the use thereof.
The ejectment of tenants of agricultural lands is
governed by special laws
I. RIGHT to ASK for PRELIMINARY
MANDATORY INJUNCTION in
UNLAWFUL DETAINER CASES
Article 1674, Civil Code. In ejectment cases where
an appeal is taken the remedy granted in Article 539,
second paragraph, shall also apply, if the higher court
is satisfied that the lessee's appeal is frivolous or
dilatory, or that the lessor's appeal is prima facie
meritorious. The period of ten days referred to in said
article shall be counted from the time the appeal is
perfected.
Article 539 (2), Civil Code. A possessor deprived of
his possession through forcible entry may within ten
days from the filing of the complaint present a motion
to secure from the competent court, in the action for
forcible entry, a writ of preliminary mandatory
injunction to restore him in his possession. The court
shall decide the motion within thirty (30) days from the
filing thereof.
J. IMPLIED EXTENSION of LEASE
Article 1679, Civil Code. If nothing has been
stipulated concerning the place and the time for the
payment of the lease, the provisions or Article 1251
shall be observed as regards the place; and with
respect to the time, the custom of the place shall be
followed.
Article 1682, Civil Code. The lease of a piece of
rural land, when its duration has not been fixed, is
understood to have been for all the time necessary for
the gathering of the fruits which the whole estate
leased may yield in one year, or which it may yield
once, although two or more years have to elapse for
the purpose.
Article 1687, Civil Code. If the period for the lease
has not been fixed, it is understood to be from year to
year, if the rent agreed upon is annual; from month to
month, if it is monthly; from week to week, if the rent
is weekly; and from day to day, if the rent is to be paid
Chapter XII. LEASE
daily. However, even though a monthly rent is paid,
and no period for the lease has been set, the courts
may fix a longer term for the lease after the lessee
has occupied the premises for over one year. If the
rent is weekly, the courts may likewise determine a
longer period after the lessee has been in possession
for over six months. In case of daily rent, the courts
may also fix a longer period after the lessee has
stayed in the place for over one month.
Article 1675, Civil Code. Except in cases stated in
Article 1673, the lessee shall have a right to make use
of the periods established in Articles 1682 and 1687.
K. RIGHT of PURCHASER of LEASED LAND
235
Article 1676, Civil Code. The purchaser of a piece of
PROPERTY
land which is under a lease that is not recorded in the
Registry of Property may terminate the lease, save
when there is a stipulation to the contrary in the
contract of sale, or when the purchaser knows of the
existence of the lease.
If the buyer makes use of this right, the lessee may
demand that he be allowed to gather the fruits of the
harvest which corresponds to the current agricultural
year and that the vendor indemnify him for damages
suffered.
If the sale is fictitious, for the purpose of extinguishing
the lease, the supposed vendee cannot make use of
the right granted in the first paragraph of this article.
The sale is presumed to be fictitious if at the time the
supposed vendee demands the termination of the
lease, the sale is not recorded in the Registry of
Property.
Article 1677, Civil Code. The purchaser in a sale
with the right of redemption cannot make use of the
power to eject the lessee until the end of the period
for the redemption.
L. USEFUL IMPROVEMENTS in GF MADE
by LESSEE
Article 1678, Civil Code. If the lessee makes, in
good faith, useful improvements which are suitable to
the use for which the lease is intended, without
altering the form or substance of the property leased,
the lessor upon the termination of the lease shall pay
the lessee one-half of the value of the improvements
at that time. Should the lessor refuse to reimburse
said amount, the lessee may remove the
improvements, even though the principal thing may
suffer damage thereby. He shall not, however, cause
any more impairment upon the property leased than is
necessary.
With regard to ornamental expenses, the lessee shall
not be entitled to any reimbursement, but he may
remove the ornamental objects, provided no damage
is caused to the principal thing, and the lessor does
not choose to retain them by paying their value at the
time the lease is extinguished.
CIVIL LAW REVIEWER
M. SPECIAL PROVISIONS for LEASES of
RURAL LANDS
Article 1680, Civil Code. The lessee shall have no
right to a reduction of the rent on account of the
sterility of the land leased, or by reason of the loss of
fruits due to ordinary fortuitous events; but he shall
have such right in case of the loss of more than one-
half of the fruits through extraordinary and unforeseen
fortuitous events, save always when there is a
specific stipulation to the contrary.
Extraordinary fortuitous events are understood to be:
fire, war, pestilence, unusual flood, locusts,
earthquake, or others which are uncommon, and
which the contracting parties could not have
reasonably foreseen.
Article 1681, Civil Code. Neither does the lessee
have any right to a reduction of the rent if the fruits
are lost after they have been separated from their
stalk, root or trunk.
Article 1682, Civil Code. The lease of a piece of
rural land, when its duration has not been fixed, is
understood to have been for all the time necessary for
the gathering of the fruits which the whole estate
leased may yield in one year, or which it may yield
once, although two or more years have to elapse for
the purpose.
Article 1683, Civil Code. The outgoing lessee shall
allow the incoming lessee or the lessor the use of the
premises and other means necessary for the
preparatory labor for the following year; and,
reciprocally, the incoming lessee or the lessor is
under obligation to permit the outgoing lessee to do
whatever may be necessary for the gathering or
harvesting and utilization of the fruits, all in
accordance with the custom of the place.
Article 1684, Civil Code. Land tenancy on shares
shall be governed by special laws, the stipulations of
the parties, the provisions on partnership and by the
customs of the place.
Article 1685, Civil Code. The tenant on shares
cannot be ejected except in cases specified by law.
- end of Property-
Chapter XII. LEASE
N. SPECIAL PROVISIONS for LEASES of
URBAN LANDS
Article 1686, Civil Code. In default of a special
stipulation, the custom of the place shall be observed
with regard to the kind of repairs on urban property for
which the lessor shall be liable. In case of doubt it is
understood that the repairs are chargeable against
him.
Article 1687, Civil Code. If the period for the lease
has not been fixed, it is understood to be from year to
year, if the rent agreed upon is annual; from month to
month, if it is monthly; from week to week, if the rent
is weekly; and from day to day, if the rent is to be paid
daily. However, even though a monthly rent is paid, 236
and no period for the lease has been set, the courts
PROPERTY
may fix a longer term for the lease after the lessee
has occupied the premises for over one year. If the
rent is weekly, the courts may likewise determine a
longer period after the lessee has been in possession
for over six months. In case of daily rent, the courts
may also fix a longer period after the lessee has
stayed in the place for over one month.
Article 1688, Civil Code. When the lessor of a
house, or part thereof, used as a dwelling for a family,
or when the lessor of a store, or industrial
establishment, also leases the furniture, the lease of
the latter shall be deemed to be for the duration of the
lease of the premises.