PROPERTY i.

Contracts for public works, and

servitudes and other real rights over
Requisites: (USA) immovable property
(a) Utitlity
(b) Substantivity (2) Movables –(Art. 416 to 417)
(c) Appropriability or susceptibility to
appropriation a) Those movables susceptible to
appropriation which are not included in the
Classification: According to Mobility preceding article
b) Real property which by any special
(1) Immovables or real (Art. 415) provision of law is considered as personal
a) immovables by nature (pars 1 and 8) – property
those which cannot be moved from place to c) Forces of nature which brought under
place control by science; and in general, all
i. Land, buildings, roads and things which can be transported from place
constructions of all kinds adhered to to place without impairment of the real
the soil property to which they are fixed
ii. Mines, quarries, and slag dumps, while d) Obligations and actions which have for their
the matter thereof forms part of the object movables of demandable sums and
bed, and waters either running or e) Shares of stock of agricultural, commercial
stagnant and industrial entities although they may
have real estate.
b) immovables by incorporation (pars 2, 3, 7)
– those which are essentially movables but Notes:
are attached to an immovable • Separate treatment by the parties of a
i. Trees, plants, and growing fruits, while building from the land on which it stands
they are attached to the land or form does not change the immovable character.
an integral part of an immovable The fact that parties seem to have dealt
ii. Everything attached to an immovable in with it separate and apart from the land in
a fixed manner, in such a way that it no wise changed its character as real
cannot be separated therefrom without property. (Leung Yee v. Strong
breaking the material or deterioration Machinery)
of the object • Buildings being immovable by nature, the
iii. Fertilizer actually used on a piece of ownership of the land on which they are
land erected cannot change their nature as
immovable property
c) immovables by destination (pars 4, 5, 6, • When trees and plants are cut or uprooted,
9)– those which are essentially movables they become movables
but by the purpose for which they have • When ungathered fruits are sold, there is a
been placed in an immovable sale of movables.
i. Statues, reliefs, paintings or other • Immovable condition of machineries
objects for use or ornamentation, depends upon their being destined for use
placed in buildings or on lands by the in the industry or work in the tenement.
owner of the immovable in such a • Where chattel mortgage is constituted on
manner that it reveals the intention to machinery permanently attached to the
attach them permanently to the ground, machinery is personal property and
tenements mortgage is not null and void, regardless of
ii. Machinery, receptacles, instruments or who owns the land. (Makati Leasing and
implements intended by the owner Finance Corp v. Wearever Textile Mills)
of the tenement for an industry or • Intellectual property or the right of the
works which may be carried on in a author, artist or inventor over his work is
building or on a piece of land, and personal property.
which tend directly to meet the needs • Obligations under Article 418 refer to
of the said industry or works credits such as bonds.
iii. Animal houses, pigeon-houses, • Half-interest in a business is personal
beehives, fish ponds or breeding places property capable of appropriation and may
of similar nature, in case their owner be subject to mortgage (Strochercker v.
has placed them or preserves them Ramirez)
with the intention to have them
permanently attached to the land, and Cases
forming a permanent part of it; the Machinery which is movable in its nature only
animals in these places are included becomes immobilized when placed in a plant by
iv. Docks and structures which, though the owner of a property or plant but not when
floating, are intended by their nature placed by a tenant, usufructuary etc. unless
and object to remain at a fixed place on acting as an agent of the owner. (Davao
a river, lake, or coast Sawmill v. Castillo)
d) immovables by analogy or by law (par. 10)
While generally, real estate connotes the land The classification of property into realty or
and the building constructed thereon, it is personalty is different for t taxation purposes.
obvious that the inclusion of the building, The NCC only supplements the Tax Code.
separate and distinct from the land, in the
enumeration of what may constitute real Differences between Real Rights and
properties (Art 415, par 1 NCC) could mean Personal Rights
only one thing – that a building is by itself an
immovable property. In view of any specific Kinds of rights considered as property
provision to the contrary, a building is an (a) Real (jus in re)—power belonging to a
immovable property, irrespective of whether or person over a specific thing. It gives direct
not said structure and the land on which it is and immediate juridical power over a thing
adhered belong to the same owner. (Lopez v. susceptible of being exercised against a
Orosa) determinate person and the whole world.
(b) Right of obligation or Personal (jus ad
Since only personal properties could be the rem)—rights belonging to one person to
subject of a chattel mortgage, the execution demand of another as a definite passive
and registration of the chattel mortgage and the subject, the fulfillment of a prestation to
foreclosure of the house are null and void. give, to do, or not to do.
(Associated Insurance & Surety Co. v. Iya)
Real rights arises from (OPLUMEPARP)
It is undeniable that the parties to a contract 1. Ownership 6)Easement
may by agreement treat as personal property 2. Possession 7) Pledge
that which by its nature would be real property, 3. Lease 8) Antichresis
as long as no interest of third parties may be 4. Usufruct 9) Redemption
prejudiced thereby. 5. Mortgage 10)
(Makati Leasing and Finance Corp. v. Preemption
Wearever Textile Mills)

Importance and Significance of

Classification of Property Real Rights Personal Rights
(1) One definite active (1) There is a
(a) Criminal law subject and the rest definite active
Usurpation of property can take place only of the world as and passive
with respect to real property. On the other passive object.
hand, robbery and theft can be committed (2) Object is a (2) Object is an
only against personal property. corporeal thing. intangible thing.
(3) Real right affects (3) Personal affects
(b) Form of contracts involving movables or the thing directly. the thing directly
immovables through the
Only real property can be the subject prestation of the
matter of real property and antichresis, debtor.
while only personal property can be the (4) The creation of the (4) Creation of the
subject matter of simple loan or mutuum, juridical relation is juridical title is by
voluntary deposit, pledge and chattel by mode and title. title alone.
mortgage. (5) Not extinguished
(5) Extinguished by the by the loss or
(c) Prescription loss or destruction destruction of the
The determination of the prescriptive period of the thing. thing.
depends on whether the property is real or (6) Gives rise to real (6) Produces only
personal. Ownership over immovables is actions against 3rd personal actions
acquired by prescription, although there is persons against definite
bad faith in 30 years (Art. 1137), whereas debtor.
the period is only 8 years in case of
movables.
Classification of Movables
(d) Venue
In private international law, the general law (a) Consumables – Those whose use
is that immovables are governed by the law according to their nature destroys the
of the country in which they are located, substance of the thing or causes their loss
whereas movables are governed by the to the owner.
personal law of the owner which in some (b) Non-consumable
case is the law of his nationality and in
other cases, the law of his domicile. Classification According to Ownership

(e) Taxation a) Public Dominion

i. intended for public use
 ii. intended for public service of state, exempt from execution. (Vda. De Tantoco v.
provinces, cities & municipalities Municipal Council of Iloilo)
Characteristics:
i. outside the commerce of men – cannot In the absence of a deed or title to any land
be alienated or leased claimed by the City as its own, showing that it
ii. cannot be acquired by private individual was acquired with its private or corporate
through prescription funds, the presumption is that such land came
iii. not subject to attachment & execution from the State upon the creation of the
iv. cannot be burdened by voluntary municipality. Such property is held in trust for
easement the benefit of its inhabitants, whether it be for
governmental or proprietary purpose. (Salas v.
b) Private Ownership – Jarencio)
i. patrimonial property of state, provinces,
cities, municipalities Public funds are held in trust for the people,
-exist for attaining economic ends of intended and used for the accomplishment of
state the purposes for which municipal corporations
-property of public dominion when no are created, and that to subject said properties
longer intended for public use/service – and public funds to executions would materially
declared patrimonial impede, even defeat, and in some instances,
destroy such purpose. (Municipality of San
ii. property belonging to private persons – Miguel v. Fernandez)
individually or collectively
There are 2 norms of classification of property.
Art. 423 and 424 CC provide that except for
Cases property for public use and public works for
Reclaimed land is public property. In case of public service paid for by provinces, cities or
gradual erosion by the ebb and flow of the tide, municipalities, “All other property possessed by
private property may become property of the any of them is patrimonial and shall be
public domain, where it appears that the owner governed by this Code, without prejudice to the
abandoned it or permitted it to be destroyed. provisions of special laws.” Under this, all but 2
When they stay in that condition until reclaimed of the properties would be patrimonial
by filling in done by the government, they properties of the former province. Under the
continue to be government property after law on Municipal Corporations, however, to be
reclaiming. Immediate possession by the former considered public property, it is enough that
owner does not confer on him ownership of the property be held and devoted for governmental
lots, because, as they were converted into purposes. Using this, 26 of the lots are
property of the public domain, no private patrimonial. (Province of Zamboanga del
person could acquire title except in the form Norte v. City of Zamboanga)
and manner established by law.
(Government of the Philippine Islands v.
Cabangis) The 157.84 hectares of reclaimed lands
comprising the Freedom Islands, now covered
The sale to private parties of a public road by the certificates of title in the name of PEA,
which has been validly closed by the city are alienable lands of the public domain. PEA
government is valid. Art 422 of the Civil Code may lease these lands to private corporations
expressly provides that “property of public but may not sell or transfer ownership of these
dominion, when no longer intended for public lands to private corporations. PEA may only sell
use of for public service, shall form part of the these lands to Philippine citizens, subject to the
patrimonial property of the State.” ownership limitations in the 1987 Constitution
(Cebu Oxygen and Acetylene v. Bercilles) and existing laws.

The attachment of the municipal trucks, police The 592.15 hectares of submerged areas of
cars, police station and market stalls is void Manila Bay remain inalienable natural resources
because the properties levied upon are exempt of the public domain until classified as alienable
from execution. It is generally held that or disposable land open to disposition and
property owned by a municipality, where NOT declared no longer needed for public service.
used for a public purpose but for quasi-private The government can make such classification
purposes, is subject to execution on a judgment and declaration only after PEA has reclaimed
against a municipality, and may be sold. these submerged areas. Only then can these
However, property for public use of the lands qualify as agricultural lands of the public
municipality is not within the commerce of man domain, which are the only natural resources
so long as it is used by the public and, the government can alienate. In their present
consequently, said property is also inalienable. state, the 592.15 hectares of submerged areas
Property, real and personal, held by are inalienable and outside the commerce of
municipalities in trust for the benefit of their man. (Chavez v. PEA)
inhabitants, and used for public purposes, is
 OWNERSHIP possession not only against the parties
who appear and answer in the land
• Independent and general right of a person to registration proceedings, but also
control a thing particularly in his possession, against all those who, having been
enjoyment, disposition, and recovery, subject served with process, do not appear or
to no restrictions except those imposed by answer.
the state or private persons, without
prejudice to the provisions of the law. f) Writ of injunction
• Power of a person over a thing for purposes • Not a proper remedy for the recovery
recognized by law & within the limits of possession UNLESS plaintiff is
established by law admittedly the owner of the property
and is in possession of it.
Attributes of Ownership • May be used to prevent or restrain acts
(1) Jus possidendi- right to possess of trespass or illegal interference by
(2) Jus Utendi (right to use)—right to enjoy by others of his possession of the
receiving the thing that it produces. property.
(3) Jus abutendi—right to enjoy by consuming • In actions of FE, the plaintiff within 10
the thing by its use days from the filing of the complaint,
(4) Jus Disponendi—the right to dispose or the may file a motion for a Writ of
power of the owner to alienate, encumber, Preliminary Mandatory Injunction to
transform, and even destroy the thing restore him in possession (mandatory)
owned. and prevent further acts of
- Includes right no to dispose dispossession (injunction).
- This right is reserved exclusively to the
owner (6) Right to Exclude: Doctrine of Self-Help
- This right can be partial if it can be Doctrine of self-help authorizes the lawful
divided. It can also be temporary as in the possessor to use reasonable force to prevent a
case of lease or pledge. threatened unlawful invasion or usurpation of
(4) Jus Fruendi – right to receive fruits the property.
(5) Jus Vindicandi—right to exclude from the Elements:
possession of the thing owned by any other a) Person exercising rights is owner or
person to whom the ownership has not lawful possessor
transmitted such thing, by the proper b) There is actual or threatened unlawful
action for restitution, with the fruits, physical invasion of his property (not
accessions, and indemnification for available to squatters)
damages. c) Use force as may be reasonably
necessary to repel or prevent it
Actions for possession: -Available only when possession has
not yet been lost, if already lost –
1. movable – replevin (return of a movable) resort to judicial process
2. immovable – -May be exercised by 3rd person –
a) forcible entry – used by person negotiorum gestio
deprived of possession through Force,
Intimidation, Strategy, Threat or (7) Right to Enclose or Fence without detriment
Stealth (FISTS) to servitudes constituted thereon.
b) unlawful detainer – used by • A person cannot enclose his tenement and
lessor/person having legal right over construct a fish pond that will obstruct the
property when lessee/person natural flow of waters from the upper
withholding property refuses to tenements to the injury of the owners of
surrender possession of property after such tenements. (Lunod v. Meneses)
expiration of lease/right to hold
property (physical possession, 1 year (8) Right to Receive Just Compensation in case
from the last date of demand to vacate of Expropriation
the premises)
c) accion publiciana – plenary action to (9) Right to Space and Subsoil
recover possession when owner is • The right of the owner extends to the space
dispossessed by any other means than and subsoil as far as necessary for his
the grounds for instituting a Forcible practical interests or to the point where it is
Entry and Unlawful Detainer case. possible to assert his dominion and there is
d) accion reinvindicatoria – recovery of the possibility of obtaining some enjoyment
dominion of property as owner; main or benefit. Beyond these limits, he would
issue is ownership not merely have no legal interests.
possession.
(10) Right to Hidden Treasure (if found on his
e) Writ of Possession -- the original property)
registered owner in the Torrens a) hidden and unknown movables consist
System, is entitled to a writ of of money or precious objects
 b) owner is unknown (i) Expropriation for public use
c) If treasure is found by a stranger by (ii) Military requisitions
chance –½ belongs to finder; the finder (iii) Zonification laws
must not be trespasser (iv) Public or government monopolies
be entitled to a share. (v) Law on water and mines
• Discovery by chance (vi) Public health and safety
When there is no purpose or intent to look (vii) Public easements
for the treasure.
(2) Legal servitudes and Voluntary Servitudes
(12) Right to accession (3) Limitations imposed by party transmitting
property
Notes (i) Either by contract or last will or
• Requisites in an action to recover donations
(a) Identity of the property (ii) Stipulation on inalienability
(b) Strength of plaintiff’s title/ Better Title
• Plaintiff must depend on the strength of (4) True Owner Must Resort to Judicial Process
his own title and not on the weakness (5) Sic Utere Tuo Ut Alienum Non Laedas—it is
of the title of the other. unlawful to exercise the right of ownership in
• One year after a decree of registration such a manner as to have no other effect
under the Torrens System, the title than to injure a third person without benefit
becomes perfect and indefeasible. to the owner.
• Ownership and title to land duly
recorded cannot be overcome by (a) Act in State of Necessity
gratuitous titles such as inheritance or • The law permits the injury or
donation or mere tax declarations. destruction of things belonging to
• Tax declarations are strong evidence of others provided this is necessary to
ownership where accompanied by avert a greater danger or dangers.
possession for period sufficient for • Different from concept of self-help; the
prescription. purpose is to protect the actor himself
• Titles from the Spanish government or another person at the expense of the
have been held sufficient basis to prove owner of the property who has no part
ownership. in the state of necessity.

Composition titles—proof of exclusive (b) Liability of Proprietors under Article

ownership 2191, NCC
Possessory information title—only (c) Fortified places or Fortresses- must
prima facie evidence and comply with conditions under special
rebuttable. laws and regulations
(d) Easement of Aqueduct- must observe
Cases proper distances and prevent damage
Art. 433 of the NCC provides: “Actual to neighboring tenements
possession under claim of ownership raises a (e) Planting of Trees
disputable presumption of ownership. The true (f) Easement of light and view
owner must resort to judicial process for (g) Easement of right of way
recovery of the property.” Under Art. 538 NCC, (h) Easement of Passage of Water from
the present possessor is to be preferred in Upper to Lower Tenements
cases where there are conflicting claims. Since (i) Easement of Drainage
defendants are presently in possession of the (j) Easement of aqueduct
property, they enjoy the presumption of (k) Lateral and Sub-adjacent Support
ownership in their favor which has not been
successfully rebutted by evidence. (Perez v.
Mendoza) ACCESSION

Ownership, which had been judicially confirmed • The right by virtue of which the owner of a
by the CFI in a proceeding in rem could not be thing becomes the owner of everything that
defeated by the claim of the adverse party it may produce or which may be
based on a mere unnotarized affidavit. The inseparably united or incorporated thereto,
Original Certificate of Titles has become either naturally or artificially.
indefeasible and incontrovertible. As to the • Based on principles of justice, necessity
unnotarized affidavit, it failed to identify the and utility
properties involved; it is not a sufficient basis or
support for the alleged partition. (Dizon v. CA) General Principles of Accession
(1) Accessory follows the principal (accesio
Limitation of Real Right of Ownership cedit principal)
(1) For the benefit of the state and for public (2) No unjust enrichment (Art. 443)
interest (Police power, eminent domain, (3) All works, sowing, and planting are
taxation) presumed made by the owner and at his
 expense, unless the contrary is proved (Art. (i) Building,
446) (ii) Planting, or
(4) Accessory incorporated to principal (iii) Sowing (Arts. 445-455)
such that it cannot be separated
without injury to work constructed or
(a.2) Accession natural (FACA)
destruction to plantings or
construction of works. (i) Alluvium
(5) Bad faith involves liability for damages and (ii) Avulsion
other dire consequences (iii) Change in the course of river
(6) Bad faith of one party neutralizes bad faith (iv) Formation of islands
of the other (Art. 453).
(7) Ownership of fruits belong to the principal
thing; Exceptions: (b) With regard to movable property (ACS)
(i) possession in good faith – possessor is (b.1) Adjunction or conjunction
entitled to fruits (i) inclusio or engraftment
(ii) in usufruct – usufructuary is entitled to
fruits (ii) soldadura or attachment
(iii) in lease – lessee is entitled to fruits
(a) ferruminatio – objects are
(iv) in antichresis – antichretic creditor is
of the same metal
entitled to fruits
(b) plumbatura – objects are
diff. metals
(iii) tejido or weaving
(iv) pintura or painting
Kinds of Accession
(v) escritura or writing
(1) Accession discreta – the right pertaining
to the owner of a thing over everything (b.2) Commixtion or confusion
produced thereby: (b.3) Specification
(a) Natural fruits, or spontaneous products Notes:
of the soil, and the young and other
products of animals (Art. 442) Accession Industrial
(b) Industrial fruits, or those produced by • Art. 446 establishes 2 disputable
lands of any kinds through cultivation presumptions regarding BPS:
or labor (Art. 442) (a) The works etc. were made by the
(c) Civil fruits, or rents of buildings, the owner
price of leases of and other property (b) They were made at the owner’s
and the amount of perpetual or life expense
annuities or other similar income (Art. Exception: When contrary is proven
442)
Right of owner of materials (OM)
• A dividend, whether in the form of cash
1. Right to be indemnified or paid of value
or stock, is income or fruit and
of property by owner of land
consequently should go to the
2. Right to remove materials if he can do
usufructuary, rather than the owner of
so w/o injury to work constructed if
the shares of stock in usufruct.
owner has not paid
Dividend is declared only out of the
3. Right to damages and demolition even
profits of a corporation and not out of
if with injury to work if owner of land is
its capital. (Bachrach vs. Seifert).
in bad faith
• A bonus paid by the mortgage-debtor
to another who had mortgaged his land 1st Case:
to secure the payment of the debtor’s
obligation to a bank is not a civil fruit of Landowner (LO) is BPS using materials of
the mortgaged property. It is not another
income delivered from the property but • Good Faith
a compensation granted for the risk OM—lies in ignorance of BPS’ acts
assumed by the owner of the property.
(Bachrach vs. Talisay-Silay) BPS/LO—belief that the materials belong to
him and who is not aware that there
exists in his title or mode of acquisition
(2) Accession Continua – the right pertaining any flaw which invalidates it
to the owner of a thing over everything that
is incorporated or attached thereto, either Note: his negligence may subject him
naturally or artificially. to liability for damages

(a) With regard to immovable property • Bad Faith

(a.1) Accession industrial (BPS)
 OM—allowing the use of the materials
without protest
• Good faith
BPS/LO—knowledge of lack of title and the OM/BPS—lies in belief that the land belongs
absence of permission of the owner of to him, and his ignorance of any defect or
the material to pay their value flaw in his title.
LO—ignorance of the BPS’ acts, or belief
that the BPS has the right to construct,
Landowner and Owner of Material plant or sow
BPS

• Bad faith
Good faith Good faith OM/BPS—lies in his knowledge of his lack of
1. Right to acquire 1. Limited right of title and absence of permission of the LO
the improvements removal if there would LO—knowledge of BPS’ lack of right to
after paying the be no injury to work construct, plant or sow
value of materials constructed, or without
plantings or
constructions being
(1) Option is given to Landowner
destroyed (Art. 447)
(2) Right of LO to remove or demolish
2. Right to receive
improvement
payment for value of
materials • LO cannot refuse to exercise his right of
choice and compel the BPS to remove or
demolish the improvement. He is entitled to
Good faith such removal only when after having
chosen to sell his land, the other party fails
1. Right to receive to pay for the same.
Bad faith payment for value of
materials
1. Acquire BPS after (3) Right of LO to require payment for value of
paying its value and 2. Absolute right of the land
paying indemnity for removal of the work
constructed in any • The purpose of the exception (if the value
damages (Art. 447)
event of land is considerably more than that of
but subject to OM’s
the building or trees) is to prevent
right to remove Right to be injustice. It is considered inequitable in
indemnified for such case to compel the BP to pay for the
damages price of the land.
• A “forced lease” is created b/w the parties
if the LO does not choose to appropriate
Bad faith the improvement after the proper
Good faith indemnity.
1. Lose materials
1. Right to acquire • As to when the land’s value is “considerably
without right to
the improvements more” than that of the improvement will
indemnity
without paying have to be determined by the court taking
indemnity into consideration the circumstances of
each particular case.
2. Right to acquire
indemnity for
damages if there are (5) Cases not covered
hidden defects • Art. 448 does not apply which are governed
known to OM by other provisions of law:
(a) co-ownership
Bad faith (b) usufruct
Bad faith (c) agency
(Same as though acted
in good faith under (d) lease
(Same as though
Art. 453) • Where there is a contractual relation
acted in good faith
existing between the LO and the BPS, their
under Art. 453)
stipulations govern.
Landowner BPS and Owner of
Material

2ND Case:
Good faith Good faith
BPS builds, plants, or sows on another’s
land using his own materials
 Bad faith
LO has option to: BPS has right to
retain the land until
a) Acquire the 1. LO must indemnify
the payment of
improvement after BPS for the
indemnity (right of
paying indemnity improvements and pay
retention)
which may be the: damages as if he
- original cost of himself did the BPS
improvement
Note: During this 2. LO has no option to
or
period BPS is not sell the land and
- increase in
required to pay rent caanot compel BPS to
value of the
buy the land unless
whole brought
BPS agrees to 4. Recover necessary
about by the
expenses for
improvement
preservation of land.
b) Sell the land to the
BP pr collect rent Bad faith
from sower unless:
- value of land Good faith
is more than (Same as though acted
the thing built, in good faith under Art.
planted or 453) BPS has right to:
sown a) be indemnified for
- BP shall pay damages
rent fixed by
parties or by b) remove all
the court in improvements in any
case of event
disagreement
Note: LO can be forced
to choose under pain
of direct contempt or
court can choose for
him

Bad faith
Good faith

(Same as though
1. LO has right to acted in good faith
collect damages in any under Art. 453)
case and option to:
a) Acquire 3rd Case:
improvements without
paying indemnity if the BPS builds. Plants, or sows on another’s
improvements are still land with materials owned by third person
standing on the land Bad faith
b) Sell the land to BP
(1) Liability of LO
or collect rent from the
1. Pay damages to LO
sower unless the value • He shall be subsidiarily liable for the value
of the improvements in 2. BPS lose materials of the materials if the following requisites
which case there will without right to are present:
be a forced lease indemnity (a) The OM has not acted in bad faith
(b) The BPS has no property with which to
c) Order demolition of 3. No right to refuse pay; and
improvements or to buy the land (c) LO appropriates the accession to
restoration of land to
himself
its former condition at
the BPS’ expense.
(2) Right of BPS who pays OM
2. LO must pay for
necessary expenses for • If BPS pays the OM, the former may seek
preservation. reimbursement from the LO for the value of
the materials and labor to prevent unjust
enrichment of the LO at the expense of the
BPS. This is true if:
 (a) The BPS acted in good faith; and for indemnity; Bad faith Bad faith
(b) The LO appropriates the improvement or
1. Recover 1. Recover
b) Demolition necessary value from
Landowner BPS OM or expenses for BPS (as if both
restoration; preservation are in good
Good faith Good faith Good faith or of land from faith)
1. Right to 1. Right of 1. Collect LO unless LO
c) Sell to BP, 2. If BPS
acquire retention until value of sells land
or to rent to acquires
improvements necessary materials sower improvement,
and pay and useful primarily from remove
indemnity to expenses are BPS and 2. Pay
materials if
BPS; paid subsidiarily necessary
feasible w/o
subsidiarily liable for LO if expense to
2. Pay value injury
liable to OM BPS insolvent BPS
of materials 3. No action
2. Has option to OM 2. Limited against LO but
to: right of liable to LO for
Bad faith
removal damages
a) Sell land to
(Same as
BP except if
when all
the value of
acted in good
the land is
faith under
considerably
Art. 453)
more
b) Rent to
sower Bad faith Bad faith
1. Acquire (Same as
improvement Bad faith when all acted
Good faith
after paying in good faith
(Same as
1. Right to indemnity and under Art 453)
when all
acquire damages to
acted in good
improvements BPS unless
faith under
and pay latter decides Good faith
Art. 453)
indemnity to Good faith to remove
Bad faith 1. Remove
BPS improvements
1. Right of materials if
1. Lose the
2. Has option retention until 2. Subsidiarily Good faith possible w/o
materials
to: necessary liable to OM injury
without right 1. May
and useful for value of
a) Sell land to to indemnity remove 2. Collect
expenses are materials
BP except if improvements value of
paid 2. Must pay
the value of materials from
for damages 2. Be
the land is 2. Keep BPS BPS;
to BPS Bad faith indemnified
considerably without subsidiarily
more for damages
indemnity to 1. Acquire from LO
in any event
OM and improvements
b) Rent to
collect after
sower
damages indemnity;
3. Without from him. subsidiraily
subsidiary liable to OM
liability for for value of
cost of materials
materials
2. Has option
to: Good faith

Good faith a) Sell the 1. Collect

land to BP value of
1. LO has except if the materials
right to value of the primarily from
collect Bad faith BPS and
land is
damages in considerably subsidiarily
1. Right of
any case and more from LO
retention until
option to:
necessary 2. Collect
b) Rent to
a) Acquire expenses are damages from
sower
improvements paid BPS
w/o paying
2. Pay value
 of materials 3. If BPS accessory thing. When the BPS failed to pay for
to OM and acquires the land, he lost his right of retention.
Good faith (Bernardo vs. Baticlan)
pay him improvements,
1. Acquire damages remove
Since the option to remove or demolish
improvement materials in
improvement is given to the LO and it is limited
after paying any event
to paying for the improvement or selling his
indemnity; land to the BPS, he cannot refuse to exercise
subsidiarily his right of choice and compel the builder to
liable to OM remove or demolish the improvement. He is
2. LO has entitled to such removal only when after
option to: choosing to sell his land, the other party fails to
Good faith pay for the same. (Ignacio vs Hilario)
a) Sell land to
1. Collect The owner of a building erected in good faith on
BP except if
value of a land owned by another is entitled to retain
value of land
materials possession of the land until he is paid the value
is
primarily from of the building. An order by a court compelling
considerably
BPS and a builder in good faith to remove is building
more
subsidiarily from land belonging to another who chooses
b) Rent to Bad faith from LO neither to pay for such building nor sell the
sower land is null and void for being offensive to Art.
1. Right of 2. Collect
retention until damages from 448. (Sarmiento v. Agana)
necessary BPS In Depra vs Dumlao, the SC laid down the
Bad faith expenses are
3. If BPS guidelines for enforcement of rights under Art.
1. Acquire paid 448 and 546
acquires
improvements 2. Pay value improvements, 1. TC must determine the fair price of the land,
and pay of materials absolute right expenses for improvement and increase in
indemnity and to OM of removal in value of land due to improvements.
damages to
any event
BPS unless 3. Pay 2. TC must grant period where:
latter decides damages to
to remove OM a) landowner must exercise option
Bad faith
materials b) parties must pay in accord with the option
1. No right to chosen
indemnity
c) builder can refuse to offer to sell if value of
2. Loses right land is greater than the value of improvements
to material
d) if the situation is that of (c), the parties can
agree upon the terms of the lease. If there are
no agreements, the TC must fix the terms.

Good faith
While a possessor in good faith may retain the
1. Receive property until he is reimbursed for necessary
indemnity for and useful expenses, all the fruits he receives
damages from the moment his good faith ceases must be
deferred or paid by him to the LO. He may,
2. Absolute
however, secure the reimbursement of his
right of
expenses by using the fruits to pay it off
removal of
(deduct the value of the fruits he receives from
improvements
the time his good faith ceases from the
in any event
reimbursement due him). (Ortiz vs Kayanan)

Cases:
A BPS in good faith does not lose its rights
When, in the face of a conflict between the under Art. 448 merely because of the fact that
rights of an owner and a builder, sower, planter some years after acquiring the property in good
in good faith, the owner opts to sell the land to faith, it learned about and aptly recognized the
the BPS who is subsequently unable to pay, the right of the LO to a portion of the land occupied
BPS loses his right of retention. A forced co- by the building. The supervening awareness
ownership occurs when the BPS has acted in does not prejudice its right to claim the status
good faith . It is the owner of the land who is of a builder in good faith. (Tecnogas Phil.
allowed to exercise the option because his right Manufacturing Corp. vs CA)
is older and because, by the principle of
accession, he is entitled to the ownership of the
The BPS in good faith should not pay rentals to *riparian owner – owner of the land fronting
the LO spouses. The spouses, having opted to such riverbanks
appropriate the improvement on the lot, have
The alluvium, by mandate of Art. 457, is
to reimburse the BPS of the cost of construction
automatically owned by the riparian owner from
of the building (in accordance with Art 546).
the moment the soil deposit can be seen but is
The BPS has the right to retain the
not automatically registered property, hence,
improvements until he is reimbursed. An
subject to acquisition through prescription by
implied tenancy or possession in fact is created
3rd persons. (Grande vs CA)
pending the payment of the corresponding
indemnity. (Pecson v CA) (ii) Avulsion – the accretion which takes
place whenever the current of a river,
lake, creek or torrent segregates from
Good faith consists in the belief of the builder
an estate on its bank a known portion
that the land he is building on is his and he is
of land and transfers it to another
ignorant of any defect or flaw in his title. And
estate (Art. 459)
as good faith is presumed, the LO has the
burden of proving bad faith on the part of the
BPS. (Pleasantville Dev’t. Corp. v CA)
Distinguished from Alluvium
Art 448 applies only in cases where a person Alluvium Avulsion
constructs a building on the land of another in
good or bad faith, as the case may be. It does 1. Deposit of soil is 1. Deposit of soil is
not apply to a case where a person constructs a gradual sudden or abrupt
building on his own land (like in this case), for
2. Deposit of the soil 2. The owner of the
then there can be no question as to good or bad
belongs to the owner property from which a
faith of the builder. (Coleongco v Regalado)
of the property where part was detached
the same was retains the ownership
deposited thereof (2 yrs)
The rule of Art. 453 of the Civil Code invoked by
the BPS can not be applied to the instant case 3. The detached
for the reason that the improvements in portion can be
question were made on the premises only after 3. The soil cannot be
identified
the LO had tried to recover the land in question identified
from him, and even during the pendency of this
action in the court below. After the BPS had
refused to restore the land to the LO, to the Requisites of Avulsion
extent that the latter even had to resort to the
(a) The segregation and transfer must be
present action to recover his property, the BPS
caused by the current of a river, creek
could no longer be regarded as having impliedly
or torrent.
assented or conformed to the improvements
thereafter made by appellant on the premises. (b) The segregation and transfer
(Felices v. Iriola) must be sudden or abrupt
(c) The portion of land transported must
ACCESSION NATURAL be known and identifiable

(2) Accession natural – may be in the Rights of the riparian owner

form of either: • Removal within 2 years
• The former owner preserves his ownership
of the segregated portion provided he
(i) Alluvium – the accretion which lands removes (not merely claims) the same
adjoining the banks or rivers, lakes, creeks within the period of 2 yrs.
or torrents gradually receive from the • Art. 460 applies only to uprooted trees. If a
known portion of land with trees standing
Requisites of alluvium:
thereon is carried away by the current to
(a) The accretion must be gradual another land, Art. 459 governs.
(b) The cause of the accretion must be the
current of the water (iii) Change of river beds
(c) The land where the accretion takes – that which takes place when a river bed
place must be adjacent to the banks of is abandoned through the natural
the rivers change in the course of the waters (Art.
461)
(d) Alluvium must be natural

Requisites for the application of Art. 461:

 (a) There must be a change in the natural for trade and travel in the usual and ordinary
course of the waters of the river. modes.
(b) The change must be abrupt or sudden.
Accession Continua-Movable property:
Right of owner of land occupied by new
river course
(1) Adjunction or Conjunction – that which
takes place whenever movable things
1. Right to old bed ipso facto in proportion
belonging to different owners are united in
to area lost
such a way that they cannot be separated
2. Owner of adjoining land to old bed shall
without injury, thereby forming a single
have right to acquire the same by
object (Art. 466)
paying its value – value not to exceed
the value of area occupied by new bed
3. Formation of island in non-navigable
river Kinds of adjunction:
a) owner of margin nearest to islands (a) inclusio or engraftment
formed – if nearest to it
b) owner of both margins – if island is (b) soldadura or attachment
in the middle (divided into halves
ferruminatio – objects are of the same
longitudinally)
metal
plumbatura – objects are diff. metals
(iv) Formation of islands either on the
seas within the jurisdiction of the (c) tejido or weaving
Philippines.
(d) pintura or painting
On lakes, and on navigable or floatable
rivers (Art. 464) or non-navigable and non- (e) escritura or writing
floatable rivers (Art. 465). Ownership of new object formed by
adjunction

(1) Ownership of islands formed through (a) If the union took place without bad
alluvion faith, the owner of the principal thing
acquires the accessory, with the
(a) If formed: obligation to indemnify the former
owner of the accessory for its value in
(a.1) on the seas within Phil. jurisdiction
its uncontroverted state.
(a.2) on lakes, and
(b) If the union took place in bad faith,
(a.3) on navigable or floatable waters, the Art. 470 applies.
island belongs to the State

TEST to determine principal in adjunction:

(b) If formed in non-navigable and non-
• In order of application, the principal is that:
floatable rivers:
(a) To which the other (accessory) has
(b.1) it belongs to the nearest riparian seen united as an ornament or for its
owner or owner of the margin or bank use or perfection (Art. 467)- INTENT
nearest to it as he is considered in the
(b) Of greater value, if they are unequal
best position to cultivate and develop
values-VALUE
the island
(c) Of greater volume, if they are of an
(b.2) it is divided longitudinally in halves, if
equal value (Art. 468)-VOLUME
it is in the middle of the river
(d) That of greater merits taking into
consideration all the pertinent legal
(c) Concept of navigable river provision applicable as well as the
comparative, merits, utility and volume
• A navigable river is one which forms in of their respective things.
its ordinary condition by itself or by
uniting with other waters a continuous
highway over with other waters a
Where adjunction involves 3 or more
continuous highway over which
things
commerce is or may be carried on.
Test: A river is navigable if it is used or • Art. 466 should be applied in an equitable
susceptible of being used, in its ordinary manner. The principal should be
condition, as a highway of commerce, that is, determined and distinguished from the
 others which would be considered the to the part belonging to him (vis-a-vis
accessories. the value of the things mixed or
confused)
2. If one owner is in bad faith – he shall
Rights:
lose the thing belonging to him plus
1. If both are in good faith – owner of
indemnity for damages caused to
principal acquired the accessory with
owner of other thing mixed with his
indemnification
thing
2. If both are in good faith – may
3. If both in bad faith no cause of action
separate them if no injury will be
against each other
caused;
if value of accessory is greater than
principal, owner of accessory may
demand separation even if damages QUIETING OF TITLE
will be caused to the principal
(expenses to be borne by one who • An action to quiet title to property or to
caused the conjunction) remove a cloud thereon is a remedy or
form of proceeding originating in equity
3. If owner of accessory is in bad faith – jurisprudence, which has for its purpose an
owner of accessory with damages to adjudication that a claim of title or an
principal interest in property, adverse to that of
4. If owner of principal is in bad faith – complainant, is invalid, so that the
owner of accessory shall have option of complainant and those claiming under him
principal paying value of accessory or may be forever free from any danger of the
removal of accessory despite hostile claim.
destruction of principal
5. Owner of accessory or principal has Requisites
right to indemnity when thing adjuncts (1) There is a cloud on title to real property or
w/o his consent – may demand that a any interest to real property (Art. 476)
thing equal is kind, value and price (2) Plaintiff has legal or equitable title to or
interest in the subject/real property.
(3) Instrument, record, claim,
(2) Specification – that which takes place encumbrance or proceeding must be valid and
whenever a person imparts a new form to binding on its face but in truth and in fact
materials belonging to another person (Art. invalid, ineffective, voidable or unenforceable;
474). contract upon which defendant relies has been
extinguished or terminated, or has prescribed
(4) Plaintiff must return benefits received
Rights
from the defendant.
1. If person who made the transformation
is in good faith - he shall appropriate
Differences between action to quiet title,
the thing transformed as his own with
action to remove a cloud, and action to
indemnity to owner of material for its
prevent a cloud
value
2. If material is more precious than
• An action to quiet title, strictly considered,
transformed thing – owner of material
is substantially an action to put an end to
may appropriate the new thing to
vexatious litigation in respect to the
himself after indemnity paid to labor or
property involved.
demand indemnity for materials
• An action to remove a cloud is intended to
3. If person who made the transformation
procure the cancellation, delivery of,
is in bad faith, owner of material shall
release of an instrument, encumbrance, or
appropriate the work to himself w/o
claim constituting a claim on plaintiff’s title,
paying maker or demand indemnity for
and which may be used to injure or vex
value of materials & damages
him in the enjoyment of his title.
4. If transformed thing is more valuable
• In an action to quiet title, the plaintiff
than material, owner of material cannot
asserts his own estate and declares
appropriate
generally that the defendant claims some
estate in the land, without defining it,
(3) Commixtion or confusion – that which takes and avers that the claim is without
place whenever there is a mixture of things foundation.
solid or liquid belonging to different owners, the • In a suit to remove a cloud, plaintiff not
mixture of solids being called commixtion, while only declares his own title, but also avers
that of liquids, confusion (Art. 472). the source and nature of defendant’s
claim, points out its defect, and prays that
it be declared void.
Rights • In an action to prevent a cloud, relief is
1. If both owners are in good faith – Each granted if the threatened or anticipated
owner shall acquire a right proportional
 cloud is one which if it existed, would be (2) unity of material of the object of ownership
removed by suit to quiet title. (3) recognition of ideal shares or aliquot
(4) absolute control of each co-owner over his
Prescription of action—Imprescriptible if ideal share, not over specific portions of the
plaintiff is in possession; if not, prescribes property
within period for filing accion publiciana, (5) There is a mutual respect among co-owners
accion reivindicatoria. in regard to the use, enjoyment, and
preservation of the property owned in
Notes: common.
An action for reconveyance:
a) Prescribes in 10 years if the plaintiff is Differences between co-ownership and
NOT in possession of the property and joint tenancy
if the action for reconveyance is based
on an implied or constructive trust. The Co-ownership Joint Ownership
point of reference is the date of Tenancy in Common, Joint tenancy, Tenancy
registration of the deed or the date of Ownership in in common, Notion of
the issuance of the certificate of title Common, Co- “all-for one, one-for-
over the property. dominium all”
b) Is IMPRESCRIPTIBLE if the person Civil law origin Common Law/ Anglo-
claiming to be an owner is in actual American origin
possession of the property. Here, the Each co-owner owner Each joint owner, the
right to seek reconveyance in effect of his ideal share surviving joint owners
seeks to quiet title. (Olviga v. CA) are subrogated in his
rights by accretion
Each co-owner may Joint owner must
It is not necessary that the vendee has an dispose of his obtain the consent of
absolute title. An equitable title is sufficient to undivided share all the rest to dispose
clothe him with personality to bring an action to without the other’s of his share.
quiet title. (Pingol v. CA) consent.
In case there is a co- The defense of one
What plaintiff imagined as clouds cast on his owner who is a minor, joint owner can be
title were PR’s alleged acts of physical intrusion minority as a defense used as a defense by
and not. an instrument, record, claim, against prescription is all joint owners.
encumbrance or proceeding which constitutes exclusive to him.
or casts a cloud, doubt, question or shadow
upon the owner’s title or interest in real Differences between partnership and co-
property. Clearly, the acts alleged may be ownership
considered grounds for an action for forcible
entry but definitely not one for quieting of title. Ordinary Co-ownership
(Titong v. CA) Partnership
With legal/juridical No legal personality
RUINOUS BUILDINGS AND TREES IN personality distinct distinct from its
DANGER OF FALLING from its members members
Created only by created by “LAW
Liability for damages: agreement or contract FOCUS” [Law,
1. collapse – engineer, architect or to that effect Fortuitous Event,
contractor Occupancy, Contract,
2. collapse resulting from total or partial Succession]
damage; no repair made – owner; Purpose is to obtain Purpose is collective
state may compel him to demolish or profit enjoyment and to
make necessary work to prevent if from maintain the unity and
falling preservation of the
3. if no action – done by government at things owned in
expense of owner common.
No term set limit set As a rule, an
by law agreement to keep the
CO-OWNERSHIP ownership for more
than 10 years is void.
CO-OWNERSHIP—right to common dominion Creditors of individual Creditors of a co-
which two or more persons have in a spiritual partners cannot attach owner can attach his
part (or ideal portion) or a thing which is not and sell on execution shares in the co-
materially or physically divided. the shares of partners owners and sold on
in the partnership execution
Characteristics of Co-ownership Can be extinguished Death or incapacity of
(1) plurality of owners, but only one real right by the death or a co-owner does not
of ownership incapacity of one affect existence of a
party co-ownership • but if donation is made to husband and
There is mutual A special authority is wife jointly, there shall be a right of
representation of the needed for such accretion, unless contrary so provide.
parties representation.
A partner cannot A co-owner can freely (f) Chance – commixtion in good faith
transfer his rights to a dispose of his share (Art. 472, NCC)
3rd person without the without need to ask (g) Hidden treasure – co-ownership
consent of the others the consent of the between finder and owner
other co-owners. (h) Easement of a party wall
Distribution of profits Profits of a co-owner (i) Occupation – Harvesting and fishing
can be stipulated upon depend on his
(profit-sharing) proportionate share; • The ambergris caught by the hunters
profit-sharing is was undivided common property of the
invariable (Art. 485) plaintiffs and one of the defendants.
not subject to This common ownership was acquired
stipulation by occupancy. The action for recovery
pertaining to each co-owner, derived
Sources of co-ownership from the right of ownership inherent in
the co-ownership can be exercised not
(1) Law only against strangers, but against the
(a) Cohabitation co-owners themselves when the latter
(i) Between man and woman performs with respect to the thing held
capacitated to marry each other. in common acts for their exclusive
(Art 147, FC) benefit, or for exclusive ownership, or
(ii) Between man and woman not which are prejudicial to, and in violation
capacitated to marry each other of the right of the community.
(Art. 148, FC) (Punsalan et al. v. Boon Liat et al.)

(b) Absolute community property (Art. 90,

FC) (j) Condominium law
(c) two or more persons purchase property Sec. 6(c) of RA 4726 – unless otherwise
and by common consent legal title is provided, common areas are held in
taken in the name of one of them for common by the holders of the units in equal
the benefit of all, an implied trust is shares, one for each unit.
created in favor of the others in
proportion to each to interest of each. (2) Contract
(Art. 1452) (a) Two or more persons agree to create a
co-ownership—maximum of ten years
nd
(d) Succession (494, 2 par), extendable by a new
(i) Intestate succession—w here there agreement.
are two or more heirs, the whole Example: When two parties agree to
estate of the decedent is, before its purchase a piece of land, each one
partition, owned in common by paying a part of the purchase price, on
such heirs, subject to the payment the condition that they are to divide the
of debt of the deceased (1078) land equally between them. Parties
(ii) Testate—if property is given to two may also become co-owners of a
or more heirs by the testator particular business when no partnership
An instance is when a person A having a distinct juridical existence is
dies intestate and the properties are formed between them.
left undivided to several heirs, such
heirs are co-owners of the inheritance. (b) Universal Partnership
If one of the heirs dies, his heirs will in (i) Of all present properties (Art.
turn be co-owners of the surviving heirs 1778-1779, NCC)
of A. (ii) Of profits (Art. 1780, NCC)
Redemption done by one of the co-
owners/heirs will benefit his other co- (c) Associations and Societies, whose
owner heirs despite the fact that they articles are kept secret wherein anyone
did not contribute to the redemption of the members may contact in his own
money. name with third persons (no juridical
personality)
(e) Donation
• donation to several persons jointly, it is Rights of each co-owner as to the thing
understood to be in equal shares owned in common.
• no rights of accretion unless the donor USE the COP’s LP
otherwise provides (1)Use thing;
(2) Share benefits
(3)Ejectment suit
(4)Compel to contribute amount of contribution (except if waiver is
(5)Object to alteration; prejudicial to co-ownership)
(6)Protect against prejudice
(7)Exercise legal redemption; Necessary expenses
(8)ask for partition] • taxes and expenses for the preservation of
the thing which is not made would
(1) To use the thing according to its endanger the existence of the thing or
purpose intended (may be altered by reduce its value or productivity
agreement, express or implied; provided: • Does not include those that merely produce
(a) without injury or prejudice to interest benefits for the owner, or merely for luxury,
of co-ownership; and embellishment or pleasure.
(b) without preventing the use of other co-
owners (Art. 486) Useful expenses
• Any act against the collective interest s an • they increase the income of the thing
act against ownership and the remedies owned in common for the benefit of all the
available to owners in general may by used co-owners.
by the co-owners. • not covered as one of them cannot incur
such expenses without the consent of the
Each co-owner of realty held pro-indiviso others and then charge them to pay their
exercises his rights over the whole property shares later.
may use and enjoy the same with no other
limitation than that he shall not injure the (a) Remedy against defaulting co-owner—
interests of his co-owners, for the reason that, action to compel him to contribute such
until a division be made, the respective part of share. He cannot be compelled to
each holder can not be determined and every renounce his share as such option is at
one of the co-owners exercises together with his own discretion.
his other co-participants, joint ownership over
the pro- indiviso property, in addition to his use • Co-owner has option not to contribute by
and enjoyment of the same. (Pardell v. waiving his undivided interest equal to
Bartolome) amount of contribution (unless waiver is
prejudicial to co-ownership)
• Requisites before repairs for preservation,
(2) To share in the benefits in proportion embellishment, or improvements may be
to his interest, provided the charges made
are borne by each in the same a) if practicable, notice to co-owners
proportion (Art. 485) b) majority decision, as provided under
Article 492
A contrary stipulation is void. Portions are • A co-owner alone can advance expenses for
presumed equal unless contrary is proved. preservation of the property even without
Accretion added to any portion of land co- prior consent of others; he is entitled to be
owned becomes part of the property in co- reimbursed for the amount he spent for
ownership and should be divided according to necessary expenses.
each co-owners proportionate share. • Will of one of the co-owners is sufficient
authority to undertake expenses for
(3) Any one of the co-owner may bring an preservation. He can proceed with the
action in ejectment (Art. 487) repairs for preservation despite opposition
• A co-owner ma bring such action without of the others.
necessity of bringin all the other co-owners • Consent of majority required only in case
as co-plaintiffs because the suit is deemed where the expenses are for the
to be for the benefit of all. improvement or embellishment of the thing
• Action will not prosper if the action is for or for administration and better enjoyment
the benefit of himself only and not for the of the thing.
co-ownership. • Consent of all is needed only in acts of
• When the action is brought by one co- ownership.
owner for the benefit of all, a favorable • Effect of failure to notify co-owners:
decision will benefit everyone but an (a) Failure to give notice even if it was
adverse decision will not affect them if they practicable to do so does not deprive
are not parties in the case or they did not the co-owner his right to be reimbursed
give their consent to the action. the proportionate share of the other in
the expenses.
(4) To compel other co-owner to (b) The effect of such omission is that he is
contribute to expenses for preservation given the burden of proving the
of the thing or right owned in common necessity of such repairs and the
and to taxes (Art. 488) reasonableness of the expense.
(c) He will not be fully reimbursed if the
• Co-owners’ option not to contribute by others can prove that had he notified
waiving his undivided interest equal to them, they could have hired the
 services of another contractor who Effects of acts of alteration and remedies
would charge less than the people of non-consenting co-owner :
whom he contracted or that they know (a) Co-owner who made alterations may
of a store that sells the needed lose whatever he has spent as he will
material at a cheaper price. The not be reimbursed
difference will be borne by him. (b) He may be ordered to demolish or
remove the alteration at his expense
(5) To oppose any act or alteration; (c) He will be liable for damages and other
remedy of other co-owner in case of losses
alteration. (d) Co-ownership will benefit from the
alteration if other co-owners decide to
• Alteration contribute to the expenses by
The act by virtue of which a co-owner reimbursing him (ratification)
- changes the thing from the state in (e) If a house is built in a common lot, the
which the others believe it should co-owners are entitled to the
remain or proportionate share of the rent.
- Withdraws it form the use to which
they are desired to be intended in Q: Can a mere majority of the co-owners lease
opposition to the common agreement, real property for any length of time?
if there is any, or in absence of a A: Old Civil Code rule:
common agreement, to the tacit • Lease for not more than 6 years is just
agreement of all the co-owners, and an act of administration.
violating their will • Lease for more than 6 years is an act of
ownership.
• Acts of alteration requires the consent of New Civil Code rule:
ALL the co-owners if it changes the essence • Lease becomes an act of ownership and
or nature of the thing (present article refers ceases to be an act of administration if:
to this) because it is an act of ownership. (1) It is recorded in the Registry o
• Consent of all is needed in order to impose Property; and
a voluntary easement on the property they (2) It is for more than 1 year
co-own.
• Acts of alteration that does not change the • Registration makes the lease binding on
essence or nature of the thing requires only third persons (Art. 1648, NCC) Special
the agreement of the majority because it is powers is the criterion for determining
merely an act of administration. whether the act is legally one of strict
- but if withholding of consent by any ownership.
one of the co-owners is clearly
prejudicial to the common interest, (6) To protect against acts of majority
courts may afford adequate relief (Art. which are prejudicial to minority (Art.
491, CC) 492, Par. 3)
• Who may manage property?
• Administration and better enjoyment – acts a) The co-owners themselves
or decisions for the common benefit of all Court cannot appoint an administrator to
and not for the benefit of only one or some manage a property co-owned when the co-
of them. owners want to handle the management.
• Characteristics: In this management, the majority of the of
(a) they refer to the enjoyment and interest control and their decisions are
preservation of the thing binding upon the minority. Majority may
(b) they have transitory effects only proceed to act without notice to the
minority if the circumstances warrant
Acts of Acts of urgency.
Alteration/Acts of Administration
Ownership b) An administrator who may or may not be a
• Relates to the use, • Also for the better co-owner delegated by the co-owners
substance or form enjoyment of the An administrator cannot, without the
of the thing property unanimous consent of all the co-owners,
• Have a more • Effects are of compromise on, donate, cede, alienate,
permanent result transitory character mortgage, or encumber in any manner the
• Consent of all is • Consent of the common property.
necessary financial majority
• Contrary to the will be binding • The majority is not the majority in number
co-ownership • Does not give rise but rather pertains to the majority in
agreement to a real right over interest or the financial majority. The
the thing owned in majority required should be construed to be
common. an absolute majority or more than one-half
of the value of the thing.
• When are acts seriously prejudicial? By the very nature of the right of "legal
• So serious and affects the interest redemption", a co-owner's right to redeem is
of the co-owners in the community invoked only after the shares of the other co-
• Such that will cause injuries owners are sold to a third party or stranger to
enough to justify the intervention the co-ownership. But in the case at bar, at the
of the court time petitioners filed their complaint for
Example: injunction and damages against private
(1) When the resolution calls for a respondents, no sale of the latter's pro-indiviso
• substantial change or alteration of shares to a third party had yet been made.
the common property
• or of the use to which it has been The law does not prohibit a co-owner from
dedicated by agreement or by its selling, alienating or mortgaging his ideal share
nature. in the property held in common. The law merely
(2) When the resolution provides that the alienation or mortgage shall
• goes beyond the limits of mere be limited only to the portion of the property
administration, or which may be allotted to him upon termination
• invades the proprietary rights of the co- of the co-ownership and, as earlier discussed,
owners, in violation of Art. 491 that the remaining co-owners have the right to
(prohibiting against acts of alteration) redeem, within a specified period, the shares
(3) When the majority leases, loans, or other which may have been sold to the third party.
contracts without security, exposing the [Articles 1620 and 1623] (Reyes vs. Judge
thing to serious danger to the prejudice of Concepcion)
the other co-owners.
(4) When the majority refuse to dismiss an Halili has no right to invoke legal redemption
administrator who is guilty of fraud or under Art 1621 since such article presupposes
negligence in his management, or does not that the land sought to be redeemed is rural.
have the respectability, aptitude, and Under Art. 1621, both lands—that sought to be
solvency required of persons holding such redeemed and the adjacent lot belonging to the
position. person exercising the right of redemption—must
(5) When resolution, if carried out, would cause be rural. If one or both are urban, the right
serious injury to the thing itself, such as an cannot be invoked. (Halili v. CA)
agreement not to borrow money under
reasonable terms when it is necessary for Art. 1623 requires that the written notification
urgent repairs for preservation, or for the should come from the vendor or prospective
payment of taxes. vendor, not from any other person. It is the
notification from the seller, which can remove
Remedies of the minority all doubts as to the fact of the sale, its
If the acts of the majority prejudice the perfection, and its validity, for in a contract of
minority, the latter may ask for injunction or at sale, the seller is in the best position to confirm
worse, a partition. whether consent to the essential obligation of
selling the property and transferring ownership
thereof to the vendee has been given.
(7) To exercise legal redemption (Art. (Francisco v. Boiser)
1620, 1623) The written notice of sale is mandatory for the
tolling of the 30-day redemption period.
• The right of redemption of co-owners Notwithstanding actual knowledge of a co-
excludes that of adjoining owners. owner, the latter is still entitled to a written
• The period of redemption starts to run from notice from the selling co-owner in order to
the WRITTEN notification. However, there remove all uncertainties about the sale, its
is an exceptional case- when there is actual terms and conditions, as well as its efficacy and
knowledge (Alonzo v. IAC) status. (Verdad v CA)

Q: Can redemption money be made equal or The validity of a title depends on the buyer’s
less than what was paid by third persons? knowledge, actual or constructive, of a prior
A: Yes, it can be lower if the price of sale is sale. While there is no direct proof that the
grossly excessive, such as when the co- second vendees actually knew of the sale to the
owner didn’t want other co-owners to first vendees, they are deemed to have
redeem. However, generally it is of the constructive knowledge thereof by virtue of
equal amount. their relationship to the vendors.

Cases: A third person, within the meaning of Art. 1620

Redemption of the property by a co-owner does of the Civil Code (on the right of legal
not vest in him sole ownership over said redemption of a co-owner) is anyone who is not
property but will inure to the benefit of all co- a co-owner. Art. 1623, requiring the vendor of
owners. Redemption is not a mode of the property to give a written notice of sale to
termination of relationship. (Mariano v CA) the other co-owners, had been rendered inutile
by the fact that the first vendees took
possession of the property immediately after to other co-owner right of legal
the execution of the deed of sale in their favor redemption.
and continue to possess the same. Since the (c) To substitute another person in the
fact of possession by the first vendees had not enjoyment of the thing. (Art. 493)
been questioned by any of the co-owners, the (d) To renounce part of his interest to
latter may be deemed to have knowledge of the reimburse necessary expenses incurred
sale. (Pilapil v CA) by another co-owner (Art. 488)

(8) To ask for partition (Art. 494) (2) Effect of transaction by each co-owner
• A co-owner can always ask for a partition. (a) Limited to his share in the partition
There is no prescriptive period. (b) Transferee does not acquire any
Exceptions: specific portion of the whole property
(i) when there is a stipulation against it until partition
(not beyond 10 years) (c) Creditors of co-owners may intervene
(ii) when condition of indivision is imposed in the partition to attack the same if
by transferor (donor or testator) not prejudicial (Art. 499), except that
exceed 20 years (Art. 494) creditors cannot ask for rescission even
(iii) when legal nature of community if not notified in the absence of fraud
prevents partition (e.g. party wall) (Art. 497) ask for rescission even if
(iv) when partition is generally prohibited notified.
by law
(v) when partition would render the thing Cases:
unserviceable, or the thing in common Unless the partition is effected, each heir
is essentially indivisible cannot claim ownership over the definite portion
- no physical partition but thing and cannot dispose. Upon death of a person,
maybe sold and co-owners shall each of his heirs becomes the undivided owner
divide the proceeds (495, 498) of the whole estate. He cannot alienate a
(vi) acquisitive prescription has set in facor specific part of the thing in common to the
of a stranger to co-ownership or in exclusion of other co-owners because his right
favor of co-owner. over the thing is represented by an ideal
portion. Co-owner cannot adjudicate to himself
Either co-owner may demand the sale of the a definite portion owned in common until
house and lot at any time and the other cannot partition by agreement or by judicial decree.
object to such demand. Thereafter the proceeds Before partition, co-heir can only sell his
of the sale shall be divided equally according to successional rights. (Carvajal v CA)
their respective interests. S, being a co-owner,
has the right use the house and lot without After his wife’s death, the husband became
paying any compensation to petitioner, as he entitled to ½ of the entire property, with only ½
may use the property owned in common as long belonging to the heirs. They hold the property
as it is in accordance with the purpose for which as co-owners. (Pamplona v Moreto)
it is intended and in a manner not injurious to
the interest of the co-owners. (Aguilar v. CA) Art 493 of the NCC allows the alienation of the
co-owner of his part in the co-ownership. The
effect of such alienation or mortgage shall be
Implications of co-owners’ right over his limited to the portion which may be allotted to
ideal share him in the division upon the termination of the
co-ownership In short, a co-owner can enter
• No individual or co-owner can claim into a contract of lease insofar as to his
title to any definite part or portion of interest. Therefore, he can also cancel such
the thing co-owned. lease without the consent from the other co-
• All the co-owner has is an ideal owner. (Castro v. Atienza)
abstract, quota or proportionate share
in the entire land or thing. Difference of Co-ownership vs. Conjugal
• All that he can sell or freely dispose is Partnership
his undivided interest but he cannot sell Co-ownership Conjugal
or alienate a concrete, specific or Partnership
definite part of the thing owned in • May be created by • Created only by
common because his right over the an ordinary reason of marriage
thing is represented by a quota or ideal contract • Parties thereto are
portion without any physical • Sex of co-owners on male and one
adjudication. is immaterial female
(kaya kahit • There are only 2
(1) Co-owner has the right bading…) conjugal owners
(a) To share in the fruits and benefits • There may be 2 or • Profits are divided
(b) To alienate, mortgage, or encumber more co-owners equally, unless
and dispose off his ideal share subject • Profits are there is a contrary
proportional to stipulation in a
 respective marriage Sec. 25. Whenever real property has been
interests settlement divided into condominiums, each condominium
• Death of a co- • Death of a spouse separately owned shall be separately assessed,
owner does not dissolves the CPG for purposes of real property taxation and other
dissolve the co- • Encourage by law tax purposes to the owners thereof and the tax
ownership for family on each such condominium shall constitute a
• Generally co- solidarity. lien solely thereon.
owners administer
• Co-ownership is • Pzrtition of Common Areas
discouraged by Sec.7. Except as provided in the following
law section, the common areas shall remain
undivided, and there shall be no judicial
partition thereof.

Special Rules on ownership of different

(a) Who manages the condominium?
stories of a house as differentiated
(i) condominium corporation
from the provisions in the
(preferred by law) – co-terminous
Condominium Law (Act No. 4726)
with the existence of the
condominium
Concept of condominium
(ii) co-ownership
• Exclusive interest in units plus undivided
(iii) association of owners
interest in common areas.
• Partly co-ownership, partly under individual
Rights and Obligations of Condominium
separate ownership
owner
• Each unit belongs separately to one or
What are the incidents of a condominium
more persons
grant?
• The land and the common areas are of
(a) The boundary of the unit grant
common use by the different owners and
(i) the interior surfaces of the
are under co-ownership either as
perimeter walls, floors, ceilings,
contemplated by the Civil Code or through
windows, and doors
a corporation.
(ii) those which are not part of the unit
• Not governed by co-ownership as provided
bearing walls, columns, floors,
for in the Civil Code.
roofs, foundations, and other
• External surfaces are common areas
common structural elements of the
• Beams and posts are common areas
building; lobbies, stairways,
• Easement, unless the master deed says
hallways, and other areas of
otherwise, is an exclusive easement.
common use, elevator equipment
• Interest in the common areas will depend
and shafts, central heating, central
on interest in the condo
refrigeration, and central air-
• Important documents in buying a condo
conditioning equipment, reservoirs,
unit
tanks, pumps, and other central
(i) deed of sale
services and faicilities, pipes,
(ii) enabling or master deed
ducts, flues, chutes, conduits, wires
(iii) declaration of restrictions
and other utility installations,
wherever located, except the
Sec. 9 The owner of a project shall, prior to the outlets thereof when located within
conveyance of any condominium therein, the unit.
register a declaration of restrictions relating to (b) Exclusive easement for the use of the
such project, which restrictions shall constitute air space encompassed by the
a lien upon each condominium in the project boundaries of th unit
and shall insure to and bind all condominium (i) as it exists at any particular time
owners in the project. Such liens, unless (ii) as the unit may lawfully be altered
otherwise provided, may be enforced by any or reconstructed from time to time
condominium owner in the project or by the (iii) such easement shall be
management body of such project. The automatically terminated in any air
Register of Deeds shall enter and annotate the space upon destruction of the units
declaration of restrictions upon the certificate of to render it untenable
title covering the land included within the (c) Unless otherwise provided, the
project, if the land is patented or register under common areas are held in common by
the land included within the project, if the land the holders of units, in equal shares,
is patented or registered under the Land one for each unit
Registration or Cadastral Acts. (d) a non-exclusive easement for ingress,
egress, and support through the
• Method of taxation common areas are subject to such
easements
 (e) Each condominium unit owner shall required period of extraordinary
have the exclusive right to paint, acquisitive prescription.
repaint, tile, wax, paper, or otherwise (iii) Presumption is that possession of a
refinish and decorate the inner surfaces co-owner is not adverse.
of the walls, ceilings, floors, windows,
and doors, bounding his own unit (4) Partition or division
(f) Each condominium owner shall have • A division between two or more persons of
the exclusive right to mortgage, real or personal property which they own as
pledge, encumber his condominium and co-partners, joins tenants or tenants in
to have the same appraised common, effected by the setting apart of
independently of the other such interests so that they may enjoy and
condominiums but any obligation possess it in severallity.
incurred by such condominium owner is
personal to him. (a) Right to ask for partition at any time
(g) Each condominium owner has also the except:
absolute right to sell or dispose of his (i) When there is a stipulation against it.
condominium unless the master deed (must not be over 10 years)
contains a requirement that the (ii) When condition of indivision is imposed
property be first offered to the by transferor (donor or testator) must
condominium owners within a not exceed 20 years – Art. 494
reasonable period of time before the (iii) When the legal nature of community
same is offered to outside parties. prevents partition. (e.g., party wall)
(iv) When partition is generally prohibited
Case by law e.g. ACP
(v) When partition would render the thing
Section 5 of the Condominium Act expressly unserviceable but the thing may be
provides that the shareholding in the sold and the co-owners divide the
Condominium Corporation will be conveyed only proceeds (Art. 494)
in a proper case. Not every purchaser of a
condominium unit is a shareholder of the • Action for partition will fail if acquisitive
condominium corporation. The Condominium prescription has set in.
Act leaves to the Master Deed the
determination of when the shareholding will be (b) Effect of partition
transferred to the purchaser of a unit, as clearly • Partition shall not prejudice third
provided in the deed in this case. Ownership of persons
a unit, therefore, is a condition sine qua non to who do not intervene in the partition
being a shareholder in the condominium • After partition, there should be mutual
corporation By necessary implication, the accounting of benefits,
"separate interest" in a condominium, which reimbursements, payment of damages
entitles the holder to become automatically a due to negligence or fraud, liability for
share holder in the condominium corporation, defects of title and quality of portion
as provided in Section 2 of the Condominium assigned to each
Act, can be no other than ownership of a unit. • Part allotted to a co-owner at partition
The private respondents, consequently, who will be deemed to be possessed by such
have not fully paid the purchase price of their co-owner from the time the co-
units and are not owners of their units nor ownership commenced.
members or shareholders of the petitioner • Heir is exclusive owner of property
condominium corporation. (Sunset View adjudicated to him.
Condominium v Judge Campos) • Co-owners reciprocally bound to each
other for warranty of title and quality of
part given to each (hidden defect) after
Extinguishment of Co-Ownership partition.
• Under Art. 1093, obligation of warranty
(1) Total destruction of the thing is proportionate to respective
(2) Merger of all the interest in one person hereditary shares; insolvency of one
(3) Acquisitive prescription makes the others liable subject to
(a) By a third person reimbursement (joint liability).
(b) By one co-owner against the other co-
owners (c) Right of Creditors of individual Co-owners
Requisites: Art. 497
(i) Unequivocal acts of repudiation of
the rights of the other co-owners • All creditors, whether secured or
(acts amounting to ouster of other privileged, and those of any category
co-owners) under title of alienation, exchange,
(ii) Open and adverse possession, not donation, assignment, or other
mere silent possession for the obligation of a real or personal nature,
 must be considered to intervene in the (1) Possession is the holding of a thing of the
partition of the common property. enjoyment (exercise) of a right, whether by
• They must have become creditors material occupation (de facto possession)
during the co-ownership or by the fact that the thing or the right is
• Co-owner debtors have the duty to subjected to the action of our will.
notify the creditors of the partition (2) It is a real right independent of and apart
• Absence of notice makes partition not from ownership.
binding on them.
• They can contest such partition if they Essential requisites of possession
formulate a formal opposition thereto. (1) Holding or control of a thing or right
Assignee – a transferee of a part of the (corpus) consists of either:
interest of the co-owner because if a (a) the material or physical possession
sale or assignment is total, the (b) subject action of our will- exercise of a
assignee or the buyer should have been right
subrogated in the place of the vendor (c) constructive possession
or assignor, who should be excluded
from the co-ownership, and the • doctrine of constructive possession applies
assignee or the buyer will intervene in when the possession is under title calling
his own right in partition. for the whole, i.e., possession of a part is
possession of the whole.
(d) Procedure for Partition (Rule 69, Rules • Constructive possession
of Court) a) tradicion brevi manu (one who possess
(1) Partition may be made: a thing short of title of owner – lease );
(a) Orally b) tradicion constitutum possesorium
• Valid and enforceable among (owner alienates thing but continues to
the parties. possess – depositary, pledgee, tenant)
• Statute of frauds does not
operate for partition is not a (2) Intention to possess (animus possidendi)
conveyance of property but • it is a state of mind whereby the possessor
merely a segregation and intends to exercise and does exercise a
designation of that part of the right of possession, whether or not such
property which belongs to the right is legal
co-owners. • intention may be inferred from the fact that
the thing in question is under the power
(b) In writing and control of the possessor
• Court will just confirm such • may be rebutted by contrary evidence, e.g.,
written agreement. stolen property is placed in a man’s house
without his knowledge.
(2) Rules of Court does not preclude
amicable settlement between Cases:
parties. The occupancy of a part of the land with an
instrument giving color of title is sufficient to
(3) Two principal issues in an action give title to the entire tract of land. The
for partition: general rule is that the possession and
(a) plaintiff is indeed a co-owner cultivation of a portion of a tract of land under a
of the property claim of ownership of all is a constructive
(b) how the property is to be possession of all, IF the remainder is not in the
divided between plaintiff and adverse possession of another. Possession in
defendants. the eyes of the law does not mean that a man
• If property is found to be incapable has to have his feet on every square meter of
of being divided without great ground before it can be said that he is in
prejudice to the interest of each possession. (Ramos v. Director of Lands)
party, the court may order such
property be assigned to one co- The rule on constructive possession does not
owner subject to the condition that apply when the major portion of the disputed
he will pay the other co-owners of property has been in the adverse possession of
the value of their interests as homesteaders and their heirs. It is still part of
deemed by the commissioners. the public domain until the patents are issued.
• The sale may be made privately or (Director v. CA)
publicly and third persons may
become purchasers.
Degrees of holding of possession

POSSESSION (1) Mere holding or possession without title

whatsoever and in violation of the right of
Definition and Concept the owner.
• applies to both movables and immovables
• both the possessor and the public know In the Concept of a Holder
that the possession is wrongful • such possessor acknowledges in
• e.g., possession of a thief or a usurper of another a superior right which he
the land believes to be ownership, whether his
• there can be no acquisitive prescription of belief be right or wrong
movables under the NCC (Art. 1133) • tenant possesses the thing leased as
holder (but he possesses the lease right
(2) Possession with juridical title but not that as owner)
of ownership. • same with usufructuary and borrower
• peaceably acquired of the thing loaned in commodatum
• this will never ripen interesting full
ownership as long as there is no In the Concept of Owner
repudiation of concept under which the • such possessor may be the owner
property is held, i.e., from holder to that of himself or one who claims to be so
owner (if such repudiation is made known • concept is opinion, not of the possessor
to the owner, then extraordinary himself but of others
prescription of 30 yrs will apply) • not possessors in this concept: lessee
• e.g., possession by tenant, depositary, on the land, a mere casual cultivator
agent, bailee, trustee, lessee, antichretic and administrator, and one who is
creditor aware of the adjudication of land to
• even actual owner may be prevented by another
law from taking possession • only this class of possession can serve
• a depositary bank is not a possessor in this as title for acquiring dominion
degree, since a deposit is actually a loan to
the bank • good faith or bad faith is immaterial
except for purposes of prescription (GF:
(3) Possession with just title or title sufficient 10 yrs; BF: 30 yrs)
to transfer ownership, but not from the true
owner Effects of possession in the concept of an
• title— deed of sale or contract of sale owner:
• possession of a vendee from vendor who (1) possession may be lapsed of time
pretends to be the owner, i.e., innocent ripen into full ownership, subject to
buyer of stolen goods certain exceptions
• good faith of buyer = just title (2) presumption of just title and
cannot be obliged to show or prove
• if in good faith, extraordinary prescription it Exception: for purpose of
of 30 years will apply prescription in Art 1131.
• this degree of possession ripens interesting (3) possessor can bring all actions an
full ownership by lapse of time owner can bring to protect his
possession, except accion
(4) Possession with just title from the true reivindicatoria
owner (4) may employ self-help (Art 429)
• possession springs from ownership (5) can ask for the inscription of his
• the delivery of possession transfers possession in the registry of
wnership and strictly speaking, it is the jus property
possidendi that is transferred (right to (6) has right to the fruits and
possess which is an incident of ownership) reimbursement for expenses
(assuming he is a possessor in GF)
Cases of possession (7) upon recovering possession from
unlawful deprivers, can demand
(1) Possession for oneself, or possession fruits and damages
exercised in one’s own name and (8) generally, he can do on the things
possession in the name of another. possessed everything an owner is
• rights of possession may be exercised authorized to do until he is ousted
through agents by one who has a better right (e.g.,
(a) necessary— exercised on behalf of the he can exercise right of pre-
conceived child, of juridical persons, of emption, he is entitled to indemnity
persons not sui juris, and of the in case of expropriation)
conjugal partnership (9) possession in GF and possession in
(b) voluntary— in cases of agents or BF
administrators appointed by the owner
or possessor (3) Possession in good faith and possession in
bad faith
(2) Possession in the concept of an owner and
possession in the concept of a holder with • possession in good faith ceases from the
the ownership belonging to another moment defects in the title are made
known to the possessor
• when an action is filed to recover • kind of possession acquired is only the
possession, good faith ceases from the date fact of possession, not the legal right of
of the summons to appear at the trial possession
• possessor in GF: unaware that there exists
a flaw which invalidates his acquisition of (i) Doctrine of constructive possession
the thing • no actual possession but subject to
• GF consists in the possessor’s belief that control
the person from whom he receive a thing • possession of a portion of a parcel
was the owner of the same and could of land under the claim of
convey his title ownership or title is constructive
• GF is always presumed, and he who alleges possession of the entire parcel of
BF on the part of the possessor has the land, unless a portion thereof is
burden of proving his allegation adversely possessed by another
• belief of the possessor that he is the legal (Ramos v Dir of Lands)
owner must be based on some title or mode
of acquisition, i.e., sale, donation, (ii) Includes constructive delivery
inheritance (equal to material occupation in
• error in the application of the law, in the cases where occupation is essential
legal solutions that arise form such to the acquisition of prescription)
application, in the appreciation of the legal
consequences of certain acts, and in the traditio brevi manu
interpretation of doubtful provisions or • one who possesses a thing by
doctrines, may properly serve as the basis title other than ownership
of GF- mistake upon a doubtful or difficult continues to possess the same
question of law as a basis of good faith [Art but under a new title, that of
526 (3)] ownership
traditio constitutum possessorium
• possessor in Bad Faith: knows that his title • owner alienates the thing, but
is defective continues to possess the same
but as that of depositary,
Case pledge, or tenant
A person is deemed a possessor in BF when he
knows that there is a flaw in his title or in the (b) subjection to the action of our will
manner of acquisition by which it is invalidated. • different from and independent of
Gross and inexcusable ignorance of the law may juridical acts and legal formalities
not be the basis of good faith, but possible, as it refers more to the right of
excusable ignorance may be such basis. possession that to possession as a
Kasilag is not conversant with the laws because fact
he is not a lawyer. It can be concluded (i) traditio simbolica -- effected by
therefore that Kasilag’s ignorance of Sec 116 is delivering some object or symbol,
excusable and may be a basis of good faith. placing under the thing under the
(Kasilag v Rodriguez) control of the transferee, such as
the keys to the warehouse
Subjects of possession containing the goods delivered [Art
• All rights and things susceptible of 1498 (2)]
appropriation (ii) traditio longa manu – effected by
the transferor pointing out to the
• Things which cannot be possessed: transferee the things which are
(1) property of public dominion being transacted
(2) res communes
(3) easements (discontinuous or non- (c) proper acts and legal formalities
apparent) • refers to the acquisition of
(4) things specifically prohibited by law possession by sufficient title,
whether inter vivos or mortis
• res nullius (abandoned or ownerless causa, or lucrative or onerous
property)– may be possessed but cannot • e.g., donations, succession,
be acquired by prescription contracts, judicial writs of
possession, writs of execution of
judgments, and registration of
Acquisition of Possession public instruments
Case:
(1) Ways of acquiring possession
(a) Material occupation of the thing There was a perfect contract of pledge and the
• occupation is used in the general sense, depositary was placed in the possession of the
i.e., a means of acquiring possession of goods after the symbolic transfer by means of
things, not of rights delivery to him of the keys to the warehouse
where the goods were kept. (Banco Espanol (b) acts executed clandestinely AND
Filipino v. Peterson) without knowledge of the possessor
• acts must not only be clandestine
but must also be unknown to the
owner
(2) By whom possession may be acquired
(c) acts by violence as long as the
(a) by same person possessor objects thereto (i.e., he
Elements of personal acquisition files a case)
• must have the capacity to acquire
possession • person seeking to get possession
• must have the intent to possess should never take the law into his
• possibility to acquire possession own hands, but must invoke the
must be present aid of competent courts
• when a person is in possession of
(b) by his legal representative land and has maintained that
Requisites: possession for years, he cannot be
• representative or agent has the forcibly dispossessed thereof.
intention to acquire the thing or
exercise the right for another, and Cases
not for himself If owner of a tract of land, to accommodate the
• person for whom the thing has public, permits them to cross his property, it is
been acquired or right exercised, not his intention to divest himself of ownership
has the intention of possessing or to establish an easement. Such possession
such thing or exercising such right is not affected by acts of possessory character
which are merely tolerated. (Cuaycong v
(c) by his agent Benedicto)
(d) by any person without any power
whatsoever but subject to ratification, As a squatter, she has no possessory rights
without prejudice to proper case of over the disputed lot. The State’s solicitude
negotiorum gestio from the destitutes and the have-nots does not
mean that it should tolerate usurpations pf
• owner is liable for obligations property, public or private. (Astudillo v
incurred in his interest, and shall PHHC)
reimburse the officious manager for
necessary and useful expenses and Possession by tolerance is lawful, but this
damages which the latter may have becomes illegal when, upon demand to vacate
suffered by the owner, the possessor refuses to comply
• ratification by the person for whom with such demand. A possessor by mere
the thing was acquired will retroact tolerance is necessarily bound by an implied
to the time of apprehension by the promise to vacate upon demand. (Peran v
gestor CFI)

(e) Qualifiedly, minors and incapacitated

persons (4) Rules to solve conflict of possession
• “incapacitated”— insane, lunatics,
deaf-mutes who do not know how General Rule: Possession cannot be
to read and write, spendthrifts, and recognized in two different personalities
those under civil interdiction Exception: in cases of co-possession by co-
• refers only to possession of things, possessors without conflict claims or interest.
not of rights, and to acquisition of
possession by material occupation • In case of conflict of possession, the
following order of preference must be
(3) What do not affect possession followed:
(a) acts merely tolerated (1) present possessor or actual possessor
• acts merely tolerated are those (2) if 2 or more possessors, the one longer
which by reason of neighborliness in possession
or familiarity, the owner of the (3) if dates of possession are the same, the
property allows his neighbor or one who presents a title
another person to do on the (4) if all the condition are equal, the thing
property shall be placed in judicial deposit
• there is a thin dividing line pending determination of possession or
between tolerance and ownership through proper proceedings
abandonment of rights; it is for the • Preference in case of conflict of ownership
courts to determine (double sales)

(1) for immovable property

 (a) first who registered his right in GF in • action in case of refusal of a party
the to deliver possession of property
Registry of Property due to an adverse claim of
(b) if no registration, first who possessed ownership
in GF
(c) if no possession, one who presents the (iv) action for replevin – for recovery of
oldest title movable property
(2) for movable property: first who possessed
in (b) Possessor can employ self-help
GF
(2) Entitlement to fruits – possessor in GF/ BF
Effects of Possession • Possessor in GF is entitled to the fruits
received before the possession is legally
(1) In general, every possessor has a right to interrupted. The law limits the right though
be respected in his possession; if disturbed only to the fruits of the thing and therefore
therein, possessor has right to be protected he has no rights to the objects which do not
in or restored to said possession constitute fruits, e.g., tress in the orchard
• Possessor in BF has no right to receive
(a) action to recover possession any fruits. Those already gathered and
existing will have to be returned; with
(i) summary proceedings – forcible respect to those lost, consumed, or which
entry and unlawful detainer. could have been received, he must pay the
Plaintiff may ask for writ of value. But the possessor in BF does not
preliminary mandatory injunction have to pay interest on the value of fruits
may be asked. Within 10 days he has to pay, because such amount is
from filing of complaint in forcible unliquidated.
entry
- the same writ is available in (3) Reimbursement for expenses
unlawful detainer actions upon Possessor in GF Possessor in BF
appeal (Art 1674) entitled to entitled to
reimbursement for reimbursement for
• The acquirer and possessor in good (1) necessary and necessary expenses,
faith of a chattel or movable property is (2) useful expenses, but NOT for useful
entitled to be respected and protected with the right to retain expenses. Also has
in his possession as if he were the true the thing until he has NO right of retention
owner, until a competent court rules been reimbursed over the thing
otherwise. Such possession in good Useful expenses—
faith is equivalent to title and every reimbursement will be
possessor has a right to be respected in based either on:
his possession (Arts 539 and 559). (1) the amount of
(Yu v Honrado) expenses; or
(2) on the increase in
the value which the
thing may have
(ii) accion publiciana (based on acquired by reason of
superior right such improvement
of possession, not of
ownership) Useful
• action for recovery of real property improvements—
upn mere allegation and proof of a General Rule: can be
better right without the need of removed without
showing title damage to the
• issue: POSSESSION only principal thing,
• no need to wait for the expiration possessor in GF may
of 1 yr. before bringing such remove them
action; if no action for forcible Exception: if the
entry and unlawful detainer within owner wants to keep
1 yr, this action may still be the improvements
brought
Expense for pure has same rights with
(iii) accion reivindicatoria (recovery of luxury— will not be possessor in GF
ownership) refunded but may be
removed if :
• action setting up not only the right (1) it can be removed
of possession, but also of title and without injury to the
ownership thing or
(2) if the owner does
not prefer to refund natural interruption if a third person is
the possessing the property for the owner.
amount However, if he is possessing it for
himself, then there is natural
(4) Possession of movable acquired in GF (in interruption
concept of an owner) is equivalent to title (2) Civil (Art 1123)— will start from the
service of summons but the proper
• possessor has actual title which is action must be the one filed
defeasible only by true owner • in case of natural interruption, the old
• one who has lost a movable or has been possession loses all its juridical effects and
unlawfully deprived thereof may recover it therefore cannot be tacked to the new
without reimbursement, except if possessor possession for purposes of prescription
acquired it at a public sale • in case of civil interruption, if possession is
• 3 requisites to make possession of movable recovered, it can be connected to the time
equivalent to a title: that has elapsed as if it were continuous
(1) that the possession is in GF and can be counted in favor of prescription
(2) that the owner has voluntarily parted
with the possession of the thing (5) Of continuous possession or non-
(3) that the possession is in the concept of interruption of possession of which he
an owner was wrongfully deprived for all purposes
favorable to him
Presumptions in favor of the possessor
• applies to both possessors in BF and GF,
(1) Of good faith until the contrary is proved but only insofar as it redounds to their
• only a presumption juris tantum benefit
• it is presumed that the right of the • GF possessor is deemed in continuous
possessor is well-founded, since the possession for purposes of prescription
possession is the outward sign of ownership • BF possessor is not obliged to return fruits
• declaration of nullity of a title does not which might have been received during the
imply that it was acquired in BF time that he was not in possession because
• presumption of GF is not immediately to consider him in continuous possession
changed into BF in the basis of constructive would be prejudicial to him
notice of registration proceedings • recovery of possession must be according
to the law, i.e., through the use of proper
(2) Of continutity of initial GF in which actions or with the aid of the competent
possession was commenced or possession authority
in GF does not lose its character
Exception: in the case and from the (6) Other presumptions with respect to specific
moment the possessor became aware or is property rights
not unaware of improper or wrongful
possession. (i) Of extension of possession of real
• there is GF until defects in the title are property to all movables contained
made known to the possessor by therein so long as it is not shown that
extraneous evidence or by suit from they should be excluded (Art. 426)
recovery by the true owner— (ii) Non-interruption of possession of
usually from the time of service of hereditary property (Art. 533, Art.
summons 1078)
(iii) Of just title in favor of possessor in
Good faith ceases when they were served with concept of owner, subject to Art. 1141
summons to answer the complaint. As • possession is prima facie presumed
possessors in bad faith from the service of the ownership, unless the contrary is
summons, they shall reimburse the fruits proved
received. (Cordero v Cabral) • just title—that which is legally sufficient
to transfer the ownership or the real
right to which it relates
(3) Of enjoyment of possession in the • just title does not always consist in
same character in which was acquired until documents. It may be proved by
the contrary is proved. testimonies of witnesses

(4) Of non-interruption of possession in

favor of present possessor who proves Loss of Possession
possession at a previous time until the
contrary is proved. (1) Abandonment—voluntary renunciation of
all rights which a person may have in the thing,
2 Kinds of Interruption with the intent to lose such thing
(1) Natural (Art 1122)—if interruption is for • to be effective:
more than 1 year . BUT it is not
 (1) necessary that it be made by a (2) that the owner has voluntarily parted
possessor in the concept of owner; with the possession of the thing
and (3) that the possessor is in the concept of
(2) must clearly appear that the spes an owner
recuprandi is gone and the animus
revertendi be finally given up
• by virtue of abandonment, the thing is • Wild animals are possessed only while
left without owner or possessor they are under one's control;
domesticated or tamed animals are
(2) Assignment—complete transmission of considered domestic or tame if they
ownership rights to another person, retain the habit of returning to the
gratuitously or onerously premises of the possessor. (Art. 560)

(3) Destruction—must be total, otherwise, (5) Reivindication—the most natural mode of

partial loss will result in loss of possession losing possession, i.e., recovery or
in the lost part only reivindication of the thing by the lawful
owner
(4) Possession of another—the possession
that is lost here refers only to possession as Effects of Possession in Good Faith or Bad
a fact (de facto), not the legal right of Faith
possession (de jure)
• after 1 year, the actions forcible entry Good Faith Bad Faith
and unlawful detainer can no longer be Fruits Entitled to the Must reimburse
brought. But the accion publiciana may received fruits while fruits received
still be instituted to recover possession possession is or fruits which
de jure in GF and legitimate
• the possession that is lost, i.e., before legal possessor could
possession de facto, is also the interruption have received
possession that the new possessor (Art 544) (549);
acquires
• real right of possession is lost only after Entitled to
10 years expenses for
production,
NOTE: all the other 3 cases of loss of gathering, and
possession (abandonment, assignment, preservation
destruction) refer to loss of possession de Pending Entitled to a
jure (real right of possession) and therefore Fruits part of the
cannot be recovered anymore by any expenses of
action. cultivation and
• third parties relying on the Registry of a part of the
Property are privileged to consider the network
registered possessors or owners as still harvest, both
such in spite of loss proportion to
the time of
possession
Rules for Loss of Movables (545)
General Rule: possession of personal
property acquired in GF = title therefore the Owner may
true owner cannot recover it indemnify or
Exception: if the true owner allow
(1) lost the movable or possessor in
(2) has been unlawfully deprived GF to finish
In either of these, he may recover the cultivation and
personal property not only from the finder the fruits will
but also from those who may have acquired be indemnified
it in GF form such finder or thief, without for his
paying for any indemnity except if cultivation
possessor acquired it in public sale (here, (545)
the possessor in GF is entitled to
reimbursement). If possessor
• Public sale—is one where there has refuses
been a public notice of the sale, in concession, no
which anybody has a right to bid and indemnity
offer to buy (545)
• Requisites for Title: Charges Must share Same as with
(1) that the possession is in GF with the GF
legitimate
 possessor, in which have ceased to exist at the time
proportion to he takes possession of the thing. (Art.
the time of 553)
possession • the improvements having ceased to
Necessary Right of Reimbursement exist, the lawful possessor cannot
Expenses reimbursement only benefit from them.
and retention • BUT remember: necessary expenses
in the are not considered as improvements
meantime therefore the lawful possessor or owner
(545) has to pay for them even if the object
Useful Owner’s option No right to for which they were incurred no longer
Expenses to reimburse reimbursement. exist
him either for He also cannot
expenses or remove
for increase in improvements EASEMENTS
value (546) even he can do
so without Easement – is a real right which burdens a
Retention prior injury to the thing with a prestation consisting of
to principal thing determinate servitudes for the exclusive
reimbursement enjoyment of a person who is not its owner or
(546) of a tenement belonging to another.

Limited right - the real right immovable by nature by virtue

of removal of which the owner of the same has to abstain
(but should from doing or to allow somebody else to do
not damage something in his property for the benefit of
principal and another thing or person
owner does
not exercise Essential Features of Easements or Real
option of Servitudes
payment of
expenses or (1) It is a real right. It gives rise to an action in
increase in rem or real action against any possessor of
value) (547) the servient estate.
Ornamental Limited right Limited right of (2) It is a right enjoyed over another property
Expenses of removal as removal (no (jus in re aliena). It cannot exist in one’s
above (548) injury to thing own property (nulli res sua servit). Servient
and lawful and dominant estates have to belong to
possessor does different persons.
not retain by (3) It is a right constituted over an immovable
paying for by nature not over movables.
them) (548) (4) It limits the servient owner’s right of
Deterioration No liability Liable WoN due ownership or the benefit of the dominant
or Loss unless due to to his fault, estate. But servient tenement remains
fraud or negligence, unimpaired. Being an abnormal limitation of
negligence fortuitous event ownership, it cannot be presumed.
after becoming (5) It creates a relation between tenements.
in BF (6) It can exist only between neighboring
Costs of Bears cost Bears cost tenements. It can’t be created on another
Litigation servitude.
(7) It cannot consist in requiring the owner of
the servient estate to do an act unless the
Effects of Recovery of Possession act is accessory to a praedial servitude
• Improvements caused by nature or (obligation propter rem).
time (8) It may consist in requiring the owner of the
shall always insure to the benefit of the dominant estate demanding that the owner
person who has succeeded in of the servient estate refrain from doing
recovering possession. (Art. 551). something (servitus in non faciendo), or
• improvements—include all the natural that the latter permit that something be
accessions referred to in Arts 457 to done over the servient property (servitus in
465, and all those which do not depend patendo) but not in the right to demand
upon the will of the possessor (e.g., that the owner of the servient estate do
increase in the value caused by something (servitus in faciendo) except if
widening of streets, construction of such act is an accessory obligation to a
road, etc) praedial servitude.
• One who recovers possession shall not (9) It is inherent or inseparable from estate to
be obliged to pay for improvements which they actively or passively belong.
 estate the obligation of allowing
• Servitudes cannot exist without tenements. something to be done or doing it
They are merely accessory or a quality of himself
tenements. This doesn’t mean they don’t • A negative easement, that which
have juridical existence of their own. prohibits the owner of the servient
• Inherence refers only to that portion of the estate from doing something which he
tenement affected by it. Portion not could lawfully do if the easement did
affected can be alienated without the not exist.
servitude. • Easement of light and view is negative
• Contract of transmission of easement by when the openings are made in one’s
owner of the dominant estate may own wall. It imposes upon the owner of
constitute a renunciation or the adjacent tenement the obligation
extinguishments of easement not to construct on his own land in
such manner as to obstruct the light.
(10) It is intransmissible, cannot be • When opening is made on another’s
alienated separately from the tenement. It wall or on part wall, servitude is
can’t be the object of mortgage and exists positive because the owner or owners
even if not annotated as an encumbrance permit the encumbrance to burden his
on Torrens title. wall.
• It is also positive if the opening is
(11) It is indivisible. Indivisibility relates only to made in one’s own wall and there are
the portion of tenement affected by the balconies extending over the tenement
servitudes. If the dominant estate is of another.
divided into parts, there arise as many new • Essential duty of the servient owner is
dominant tenements as there are parts. negative. A duty to do in his part is at
(12) It has permanence. Once it attaches most an accessory or subsidiary
whether used or not, it continues and may obligation.
be used anytime.
(4) As to cause or origin
Classification of Servitudes • Legal-created by law
• Voluntary-created by the will of the
(1) As to recipient of benefits parties
(a) Real or praedial servitude – Servitude
exists for the benefit of a particular General Rules Relating to Servitudes
tenement
(b) Personal servitude – Servitude exists (1) No one can have a servitude over his
for the benefit of persons without a own property (nulli res sua servit)
dominant tenement. It pertains to a person (2) A servitude cannot consist in doing
or a group of persons and not to any owner (servitus in faciendo consistere nequit)
of a tenement. It (3) There cannot be a servitude over
another servitude (servitus servitudes
(2) As to its exercise and as indication of nequit)
its existence (4) A servitude must be exercised civiliter,
(Continuous/Discontinuous) in a way least burdensome to the
• Easements may be continuous or owner of the land.
discontinuous, apparent or non- (5) A servitude must have a perpetual
apparent.. cause.
• Continuous easements are those the
use if which is or may be incessant, Modes of Acquiring Easements
without the intervention of any act of
man. (1) By title
• Discontinuous easements are those • A juridical act which gives rise to the
which are used at intervals and depend servitude such as the law (e.g.
upon the acts of man. donation, contracts and wills)
• Apparent easements are those which • If easement has been acquired but no
are made known and which are proof of existence is available, and
continually kept in view by external easement is one that cannot be
signs that reveal the use and acquired by prescription, then:
enjoyment of the same. a) May be cured by deed of recognition by
• Non-apparent easements are those owner of servient estate
which show no external indication of b) By final judgment
their existence. c) Existence of an apparent sign considered a
title
(3) By the object of the obligation imposed • Discontinuous easement can only be
(Positive/Negative) acquired by title and not by
• A positive easement is one which prescription.
imposes upon the owner of the servient
 • The existence of an apparent sign of executing an act which would be lawful
easement between two estates, without the easement.
established or maintained by the owner
of both, shall be considered, should • Prescription does not require good
either of them be alienated, as a title in faith or just title. General rules for
order that the easement may continue acquisitive prescription of
actively and passively, unless, as the ownership and other real rights do
time the ownership of the two estates not apply to it. There must
is divided, the contrary should be however be adverse possession or
provided in the title of conveyance of exercise of the easement.
either of them, or the sign aforesaid
should be removed before the Cases
execution of the deed. This provision An easement of a right of way cannot be
shall also apply in case of the division acquired through prescription. Possession of a
of a thing owned in common by two or right consists in the enjoyment of that right
more persons. (Art. 624.) (Art. 423) and to enjoy a right is to exercise it.
it follows that the possession (enjoyment or
Cases exercise) of a right of way is intermittent and
discontinuous. From this premise, it is
The road is clearly a servitude voluntarily inevitable to conclude, with that such easement
constituted in favor of the community under can not be acquired by acquisitive prescription
Art. 531. Having been devoted by NNSC to the (adverse possession) because the latter
use of the public in general, the road is charged requires that the possession be continuous or
with public interest. And while so devoted. uninterrupted (Art. 1118). (Ronquillo v Roco)
NNSC may not establish discriminatory
exceptions against any private persons. (North Rights and Obligations of Owners of
Negros Sugar Co. vs Hidalgo) Dominant and Servient Estates

Since the construction of the church, there had (1) Rights of the dominant estate
been a side door in the wall through which the (a) To use the easement (Art.626) and
worshippers attending mass enter and leave, exercise all rights necessary for the use
passing and entering the land in question. As (Art. 627)
this use of the land has been continuous, it is (b) To use at his expense all necessary
evident that the church has acquired a right to works for the use and preservation of
such use by prescription, in view of the time the easement. (Art. 627)
that has elapsed since the church was built and (c) In a right of way, to ask for change in
dedicated to religious worship, during which width of easement sufficient for needs
period the Municipality has not prohibited the of dominant estate.
passage over the land by persons who attend Such right of way may be demanded when
services held by the church. (Municipality of there is absolutely no access or even
Dumangas vs Bishop of Jaro) when there is one, it is difficult or
grossly insufficient. Art. 651 also
provides that “the width of the
Easement of light and view go together. easement of right of way shall be that
Acquisition of easements is by title or by which is sufficient for the needs of the
prescription. The visible and permanent sign of dominant estate, and may accordingly
an easement is the title that characterizes its be changed from time to time.”
existence. Existence of the apparent sign had (Encarnacion v CA)
the same effect as a title of acquisition of the
easement of the light and view upon death of
original owner. (Amor vs. Florentino) (2) Obligations of dominant estate
(a) To use easement for the benefit of
(2) By prescription immovable and in the manner originally
• Continuous and apparent easements established. (Art. 626)
may be acquired by prescription. (b) To notify owner of the servient estate
• Under Article 621, the time for before making repairs in manner
reckoning prescription: inconvenient to servient estate. (Art.
a) Positive easements- from the day on 627)
which the owner of the dominant (c) Not to alter easement or render it
estate, or the person who may have burdensome.
made use of the easement, commenced (d) If there are several dominant estates
to exercise it upon the servient estate unless he renounces his interest: to
b) Negative easements- from the day on contribute the expenses of works
which the owner of the dominant estate necessary for use and preservation
forbade, by an instrument servitude. (Art. 628)
acknowledged before e notary public,
the owner of the servient estate, from
• Owner of dominant estate has the right to (1) Discontinuous easements: counted
use accessory servitudes or those from the day they ceased to be
necessary for the use of other servitudes used
regarded as principals ones. (2) Continuous easements: counted
• When easement has been established in a from the day an act adverse to the
general way, without any specific purpose, exercise took place
it can be used for all the needs of the
dominant estate may be adopted to any (b) Use by a co- owner of the dominant
new modification in the tenement itself. estate bars prescription with respect to
• Works must be executed in the manner of others.( Art 633)
least inconvenience to the servient who (c) Servitudes not yet exercised cannot be
cannot recover indemnity for the inevitable extinguished by non-user.
damages that may be suffered by the • Non – user must be due to abstention by
servient owner. dominant owner and not to fortuitous
• If dominant owner violates restrictions, he event. If dominant estate is used in
can be compelled to restore the things their common, exercise of the easement of one
original condition and to pay indemnity for of the co – owner inures to the benefit of all
the damages. others and preserves the easement which is
• If dominant tenement is alienated, indivisible.
transferee can be required to restore things • Servitudes not yet exercised cannot be
their original condition but he cannot be extinguished by non – user.
required to pay indemnity because this is a
personal liability of the former owner. (3) Impossibility of use

(3) Rights of the servient estate • When either or both of the estates fall into
such condition that the easement cannot be
(a) To retain ownership and use of his
used; but it shall revive if the subsequent
property (Art 630)
condition of the estates or either of them
(b) To change the place and manner of the
should again permit its use, unless when
use of the easement
the use becomes possible, sufficient time
for prescription has elapsed, in accordance
(4) Obligations of the servient estate
with the provisions of the preceding
(a) Not to impair the use of the easement.
number;
(Art. 629)
• This mode arises from the condition of the
(b) To contribute proportionately to
tenements and only suspends the servitude
expenses to use the easement [Art
unlit such time when it can be used again.
628(2)]
• 10 years cap for suspension, otherwise,
• Owner of servient tenement must abstain
extinguished by prescription as previously
from anything that will render the use of
provided.
the easement more inconvenient to the
Eg. Flooding of servient tenement over
owner of the dominant estate.
which a right of way exists.
• If owner of the servient estate performs act
or constructs works impairing the use of the
(4) Expiration of term or fulfillment of
servitude, the owner of the dominant
resolutory condition
tenement may ask for the destruction of
such works and restoration of things to
By the expiration of the term or the fulfillment
their condition before the impairment with
of the condition, if the easement is
indemnity for damages suffered. Injunction
temporary or conditional;
may also obtained in order to restrain the
owner of servient tenement.
(5) Renunciation of owner of the dominant
estate
Modes of Extinguishment of Easements
Fact that owners of the dominant estate
(1) Merger – must be absolute, perfect and
refrained from claiming the servitude
definite, not merely temporary.
without any positive act to imply a real
waiver or renunciation does not bring the
• If cause for cessation of merger is inherent
case within the provisions of this article.
like nullity or rescission, easement is
Occurs only in voluntary easements.
reestablished. If extrinsic, there is no
revival.
(6) Redemption agreed upon between the
• When owner of the servient estate buys
owners.
dominant estate, easement is extinguished
but if he sells one of the estates later,
• By the redemption agreed upon between
easement is not reestablished.
the owners of the dominant and servient
estates.
(2) Non- user for 10 years
-Voluntary
(a) Computation of period
 -Stipulated conditions, which extinguish not cause damage to other tenements by
easements. accumulation of the waters.
• Rain water from roofs of buildings and
(7) Other causes not mentioned water from houses can not be made to fall
(a) Annulment or rescission or cancellation of directly on lower tenements. They must be
the title constituting the easement. received on one’s own land.
(b) Termination of the right of grantor to • It is the duty of the owner of the building to
create the easement ( e.g. redemption direct the rainwater to a public place or to
of the property sold a retro because of establish an easement of passage of water
the exercise of the right of conventional through a neighboring tenement.
redemption ( Art. 1618)
(c) Abandonment of the servient estate Case
(d) Eminent domain – i.e. expropriation of The dikes are continuous easements since it
the servient estate or dominant estate does depend upon the act of man, but is due to
(e) Special cause of extinction of legal right gravity. Being such, it is subject to the
of way, the opening of an adequate outlet extinction to the non-user (20 years in the Old
to the highway extinguishes the Code and 10 years in the New Code). Since, it
easement, if servient owner makes a was admittedly built in 1937 or 1938, the action
demand for such extinguishment.(Art. is barred by prescription. (Ongsiaco v.
655) Ongsiaco)
(f) Registration of the servient estate as
FREE, that is, although the servient (2) Easements on lands along
estate was registered under the Torrens riverbanks
system, the easement thereon was not
there is a stipulation or actual knowledge • For public use: Three meter zone along
of the easement on the part the margins for navigation, floatage, fishing
transferee. and salvage.
(g) Permanent impossibility to make use of • If navigable – Towpath easement for
the easement. navigation and floatage
• If private land – expropriate, since it is for
Legal Easements private use.

(1) Laws Governing Legal Easements (3) Abutment of Land

(a) Public Easements
(1) Special laws and regulations • Non – owner builder of the dam pay owner
relating of land for the abutment of the land.
(2) Chapter 2, Title VIII, Book II of the • abutment – part of dam that extends to the
New Civil Code riverbank or dam
• if no easement previously established, and
(b) Private legal easements
the dam floods the land – injured owner or
(1) By agreement of the interested
his representative can remove it as private
parties whenever the law does not
nuisance.
prohibit it and no injury is suffered
by a third person.
(4) Aqueduct
(2) Chapter 2, Title VII, Book II of the
New Civil Code Any person who may wish to use upon his own
estate any water of which he can dispose shall
(2) Private Legal Easements provided for by the have the right to make it flow through the
New Civil Code intervening estates, with the obligation to
indemnify their owners, as well as the owners
(a) Those established for the use of water of the lower estates upon which the waters may
or easements relating waters (Arts. filter or descend. (Art. 642.)
637 – 648)
(1) Natural drainage of waters with Obligation of the dominant estate:
stones or earth carried with them (1) To prove that he can dispose of the water
• This is a natural servitude and exists only and that it is sufficient for the use for which it is
with respect to waters which form in upper intended;
tenements and flow to the lower tenements (2) To show that the proposed right of way is
by force of nature and not by those caused the most convenient and the least onerous to
by acts of man. third persons;
• Owner of tenements cannot construct works (3) To indemnify the owner of the servient
to increase the burden of this servitude. estate in the manner determined by the laws
• Owner of the lower tenements cannot make and regulations.
works which impede the servitude. But he
can construct work necessary to prevent • The easement of aqueduct for private
damage to himself provided it does not interest cannot be imposed on buildings,
impede the natural servitude and he does
 courtyards, annexes, or outhouses, or on • Requisites before demanding a right of way
orchards or gardens already existing. (Articles 649-650)
• The easement of aqueduct does not prevent (a) owner, or anyone with a real right to
the owner of the servient estate from cultivate, or use immovable
closing or fencing it, or from building over (b) not due to acts of the proprietor of the
the aqueduct in such manner as not to dominant estate
cause the latter any damage, or render (c) surrounded by immovables belonging
necessary repairs and cleanings impossible. to others, without adequate outlet to
• For legal purposes, the easement of public highway
aqueduct shall be considered as continuous i. absolutely no access
and apparent, even though the flow of the ii. difficult or dangerous to use
water may not be continuous, or its use (d) right of way claimed is the least
depends upon the needs of the dominant prejudicial to the servient estate
estate, or upon a schedule of alternate days (e) payment of the proper indemnity
or hours. (i) permanent passage – value of the
land
(5) Drawing waters and watering (ii) without permanent passage –
materials payment of damages

Compulsory easements for drawing water or for • To justify the imposition of this servitude,
watering animals can be imposed only for there must be a real necessity for it. Mere
reasons of public use in favor of a town or convenience is not enough. Even when
village, after payment of the proper indemnity. there is a necessity, if it can be satisfied
(Art. 640) without imposing the servitude, servitude
should not be imposed.
Easements for drawing water and for watering • Owner can not by his own act isolate his
animals carry with them the obligation of the property from the public highway and then
owners of the servient estates to allow passage claim an easement of way through an
to persons and animals to the place where such adjacent estate.
easements are to be used, and the indemnity • Access to highway may be demanded:
shall include this service. (Art. 641) (a) when there is absolutely no access
to a public highway
Easements of the right of way for the passage (b) when even if there is one, it is
of livestock known as animal path, animal trail difficult or dangerous to use or is
or any other, and those for watering places, grossly insufficient
resting places and animal folds, shall be • When the want of an access to a public
governed by the ordinances and regulations highway is due to acts imputable to the
relating thereto, and, in the absence thereof, by owner as when he constructs buildings or
the usages and customs of the place. (Art. grants concessions to others obstructing
657) the old way, the law prevents him from
obtaining a legal servitude of right of way.
• Without prejudice to rights legally acquired, • The outlet has to be sufficient for the
the animal path shall not exceed in any purpose and needs of the dominant owner
case the width of 75 meters, and the although it need not be public.
animal trail that of 37 meters and 50 • Whether a right of way is reasonable and
centimeters. necessary depends upon the circumstances
• Whenever it is necessary to establish a of each particular case. Servitude must
compulsory easement of the right of way or meet the requirements of and be of
for a watering place for animals, the beneficial use to the dominant estate. But
provisions of this Section and those of this is subject to the limitation that the
Articles 640 and 641 shall be observed. In usefulness of the servient estate is not
this case the width shall not exceed 10 unreasonably impaired.
meters. • Payment of the value of the land for
permanent use of easement does not mean
(6) Stop lock and sluice gate an alienation of the land occupied.
• Criterion of the least prejudice to the
Art. 647. One who for the purpose of irrigating servient estate must prevail over the
or improving his estate, has to construct a stop criterion of the shortest distance. (Quimen
lock or sluice gate in the bed of the stream from v. Quimen)
which the water is to be taken, may demand • Where there are several tenements
that the owners of the banks permit its surrounding the dominant estate and the
construction, after payment of damages, easement may be established on any of
including those caused by the new easement to them, the one where the way is the
such owners and to the other irrigators. shortest and will cause the least damage
should be chosen. But if these two
(b) Easement of right of way requirements do not concur, the way which
will cause the least damage should be
 chosen even if not the shortest. If • Owner of the dominant estate may not ask
conditions of the various tenements are the for the return of the indemnity unless
same, all adjoining owners should be cited servient owner asks for the extinguishment.
and experts utilized. • Offset interest of the indemnity with rentals
• Before judicial decision, establishment of of the land.
any road would constitute an invasion of
the land with all consequences resulting Art. 656. If it be indispensable for the
from such transgression. construction, repair, improvement, alteration or
• It is the needs of the dominant estate which beautification of a building, to carry materials
determines the width of the passage. through the estate of another, or to raise
Servitude may thus be modified after it has therein scaffolding or other objects necessary
already been established. for the work, the owner of such estate shall be
obliged to permit the act, after receiving
Whenever a piece of land acquired by sale, payment of the proper indemnity for the
exchange or partition, is surrounded by other damage caused him.
estates of the vendor, exchanger, or co-owner,
he shall be obliged to grant a right of way • This may be demanded by owner and
without indemnity. usufructuary.
• Word indispensable should not be
In case of a simple donation, the donor shall be understood as indicating that it would be
indemnified by the donee for the establishment impossible to construct or repair the
of the right of way. (Art. 652) building. It is enough that it would be
extremely difficult to do so without the
• Servitude without indemnity is considered easement.
as a tacit condition of the sale, exchange or
partition, but not implied in a simple Animal Path
donation because the grantor receives • Without prejudice to rights legally acquired,
nothing from the grantee. the animal path shall not exceed in any
• When the right of way originally established case the width of 75 meters, and the
without indemnity should disappear or animal trail that of 37 meters and 50
become useless, a legal servitude may be centimeters.
demanded with the payment of the • Whenever it is necessary to establish a
indemnity. compulsory easement of the right of way or
• On the other hand, if grantor/ exchanger/ for a watering place for animals, the
vendor ‘s property becomes isolated, he provisions of this Section and those of
must pay indemnity. articles 640 and 641 shall be observed. In
this case the width shall not exceed 10
Art. 654. If the right of way is permanent, the meters.(570a)
necessary repairs shall be made by the owner
of the dominant estate. A proportionate share Cases
of the taxes shall be reimbursed by said owner
to the proprietor of the servient estate. A voluntary easement of right of way could be
extinguished only by mutual agreement or by
• Obligations of praedium dominans; renunciation of the owner of the dominant
necessary repairs, proportionate share of estate. The opening of an adequate outlet to a
taxes. highway can extinguish only legal or
compulsory easements, not voluntary
Art. 655. If the right of way granted to a easements. (La Vista v. CA)
surrounded estate ceases to be necessary
because its owner has joined it to another An easement of right of way can be established
abutting on a public road, the owner of the through continued use. This doctrine was
servient estate may demand that the easement enunciated in Ronquillo v Roco which held that
be extinguished, returning what he may have an easement of right of way is discontinuous in
received by way of indemnity. The interest on nature since the dominant estate cannot be
the indemnity shall be deemed to be in continually crossing the servient estate but can
payment of rent for the use of the easement. do so only at intervals. (Vda. de Baltazar v
The same rule shall be applied in case a new CA)
road is opened giving access to the isolated
estate. The use of the road lots by the Llenados during
In both cases, the public highway must the month of March was by mere tolerance of
substantially meet the needs of the dominant Floro pending the negotiation of the terms &
estate in order that the easement may be conditions of the right of way. Although such
extinguished. use was in anticipation of a voluntary easement,
no such contract was validly entered into by
• Extinguishment Not Ipso Jure – (only) reason of the failure of the parties to agree on
owners of the servient estate has to ask for its terms & conditions. The burden of proving
it and return indemnity. the existence of the prerequisites to validly
claim a compulsory right of way lies on the relating thereto, and, in the absence thereof, by
owner of the dominant estate. (Floro v the usages and customs of the place.
Llenado) 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
(c) Easement of party wall 37 meters and 50 centimeters.
Whenever it is necessary to establish a
Art. 658. The easement of party wall shall be compulsory easement of the right of way or for
governed by the provisions of this Title, by the a watering place for animals, the provisions of
local ordinances and customs insofar as they do this Section and those of Articles 640 and 641
not conflict with the same, and by the rules of shall be observed. In this case the width shall
co-ownership not exceed 10 meters. (570a), but the lower
part slants or projects outward;
• Party wall is a co-ownership in a special (3) Whenever the entire wall is built within the
class by itself: boundaries of one of the estates;
(1) It is indivisible. (4) Whenever the dividing wall bears the
(2) The part pertaining to each co-owner burden of the binding beams, floors and roof
can be materially designated. frame of one of the buildings, but not those of
(3) Rights of a co-owner of a party wall are the others;
greater than those of an ordinary co- (5) Whenever the dividing wall between
owner and with respect to increasing courtyards, gardens and tenements is
the height of the wall. constructed in such a way that the coping sheds
• Wall may be owned in common by the the water upon only one of the estates;
adjoining owners either form its (6) Whenever the dividing wall, being built of
construction or by a subsequent act. Each masonry, has stepping stones, which at certain
owner can insert the beams of his building intervals project from the surface on one side
in the wall to the extent of its entire only, but not on the other;
thickness. (7) Whenever lands inclosed by fences or live
• A party wall is one which is built by hedges adjoin others which are not inclosed.
common agreement by getting land from In all these cases, the ownership of the walls,
the adjoining tenements in equal parts. fences or hedges shall be deemed to belong
Each owner may use the wall but only to exclusively to the owner of the property or
the extent of one-half of its thickness. tenement which has in its favor the
presumption on any one of these signs. (573)
Art. 659. The existence of an easement of
party wall is presumed, unless there is a title,
or exterior sign, or proof to the contrary: Art. 661. Ditches or drains opened between
(1) In dividing walls of adjoining buildings up to two estates are also presumed as common to
the point of common elevation; both, if there is no title or sign showing the
(2) In dividing walls of gardens or yards contrary.
situated in cities, towns, or in rural There is a sign contrary to the part-ownership
communities; whenever the earth or dirt removed to open the
(3) In fences, walls and live hedges dividing ditch or to clean it is only on one side thereof,
rural lands. in which case the ownership of the ditch shall
belong exclusively to the owner of the land
• There is presumption juris tantum. Co- having this exterior sign in its favor.
ownership must be accepted unless the
contrary appears from the title showing Art. 662. The cost of repairs and construction
that the entire wall belongs exclusively to of party walls and the maintenance of fences,
one of the property owners or unless there live hedges, ditches, and drains owned in
is an exterior sign to destroy such common, shall be borne by all the owners of the
presumption. lands or tenements having the party wall in
their favor, in proportion to the right of each.
Nevertheless, any owner may exempt himself
Art. 660. It is understood that there is an from contributing to this charge by renouncing
exterior sign, contrary to the easement of party his part-ownership, except when the party wall
wall: supports a building belonging to him.
(1) Whenever in the dividing wall of buildings
there is a window or opening;
(2) Whenever the dividing wall is, on one side, Art. 663. If the owner of a building, supported
straight and plumb on all its facement, and on by a party wall desires to demolish the building,
the other, it has similar conditions on the upper he may also renounce his part-ownership of the
part Art. 657. Easements of the right of way for wall, but the cost of all repairs and work
the passage of livestock known as animal path, necessary to prevent any damage which the
animal trail or any other, and those for watering demolition may cause to the party wall, on this
places, resting places and animal folds, shall be occasion only, shall be borne by him.
governed by the ordinances and regulations
 and, in every case, with an iron grating
Art. 664. Every owner may increase the height imbedded in the wall and with a wire screen.
of the party wall, doing at his own expense and Nevertheless, the owner of the tenement or
paying for any damage which may be caused by property adjoining the wall in which the
the work, even though such damage be openings are made can close them should he
temporary. acquire part-ownership thereof, if there be no
The expenses of maintaining the wall in the part stipulation to the contrary.
newly raised or deepened at its foundation shall He can also obstruct them by constructing a
also be paid for by him; and, in addition, the building on his land or by raising a wall thereon
indemnity for the increased expenses which contiguous to that having such openings, unless
may be necessary for the preservation of the an easement of light has been acquired.
party wall by reason of the greater height or
depth which has been given it. • Openings allowed are for the purpose of
If the party wall cannot bear the increased admitting light. They can be made only in
height, the owner desiring to raise it shall be the walls of buildings and not in the walls
obliged to reconstruct it at his own expense separating gardens or yards because they
and, if for this purpose it be necessary to make have no need for such openings
it thicker, he shall give the space required from • The period to require the closing of the
his own land. illegal opening begins to run from the
moment such opening is made. But it is
Art. 665. The other owners who have not only the action to compel the closure which
contributed in giving increased height, depth or prescribes
thickness to the wall may, nevertheless, acquire • Although action to compel the closing has
the right of part-ownership therein, by paying prescribed, this does not mean servitude
proportionally the value of the work at the time has been acquired by person who opened
of the acquisition and of the land used for its them. Servitude is negative and period for
increased thickness. acquisitive prescription will begin to run
only from the time that the owner asserting
Art. 666. Every part-owner of a party wall may the servitude has forbidden the owner of
use it in proportion to the right he may have in adjoining tenement from doing something
the co-ownership, without interfering with the he latter could lawfully do without the
common and respective uses by the other co- servitude.
owners.
Art. 670. No windows, apertures, balconies, or
• Each part-owner can use the party wall only other similar projections which afford a direct
in proportion to his interest view upon or towards an adjoining land or
tenement can be made, without leaving a
(d) Easement of Light and View distance of two meters between the wall in
which they are made and such contiguous
Art. 667. No part-owner may, without the property.
consent of the others, open through the party Neither can side or oblique views upon or
wall any window or aperture of any kind. towards such conterminous property be had,
unless there be a distance of sixty centimeters.
• Such act would imply the exercise of the The nonobservance of these distances does not
right of ownership by the use of the entire give rise to prescription.
thickness of the wall. It would be an
invasion of the right of the other part • Direct View— that which is obtained from a
owners. wall parallel to the boundary line, such that
from the opening in such wall, it is possible
Art. 668. The period of prescription for the to see the adjoining tenement without the
acquisition of an easement of light and view necessity of putting out or turning one’s
shall be counted: head
(1) From the time of the opening of the • Side or oblique view—that which is obtained
window, if it is through a party wall; or from a wall a an angle with the boundary
(2) From the time of the formal prohibition line such that in order to see the adjoining
upon the proprietor of the adjoining land or tenement, it is necessary to put out or turn
tenement, if the window is through a wall on one’s head to the left or to the right
the dominant estate. • Mere opening of windows in violation of the
present article does not give rise to the
Art. 669. When the distances in Article 670 are easement of light and view by prescription.
not observed, the owner of a wall which is not
party wall, adjoining a tenement or piece of Art. 672. The provisions of Article 670 are not
land belonging to another, can make in it applicable to buildings separated by a public
openings to admit light at the height of the way or alley, which is not less than three
ceiling joints or immediately under the ceiling, meters wide, subject to special regulations and
and of the size of thirty centimeters square, local ordinances.
Art. 673. Whenever by any title a right has itself to the rain water collected thereon, the
been acquired to have direct views, balconies or establishment of an easement of drainage can
belvederes overlooking an adjoining property, be demanded, giving an outlet to the water at
the owner of the servient estate cannot build the point of the contiguous lands or tenements
thereon at less than a distance of three meters where its egress may be easiest, and
to be measured in the manner provided in establishing a conduit for the drainage in such
Article 671. Any stipulation permitting distances manner as to cause the least damage to the
less than those prescribed in Article 670 is void. servient estate, after payment of the property
Art. 673. Whenever by any title a right has indemnity.
been acquired to have direct views, balconies or
belvederes overlooking an adjoining property,
the owner of the servient estate cannot build (f) Intermediate Distances and
thereon at less than a distance of three meters Works for Certain Constructions
to be measured in the manner provided in and Plantings
Article 671. Any stipulation permitting distances
less than those prescribed in Article 670 is void. Art. 677. No constructions can be built or
plantings made near fortified places or
• This article refers to a true servitude. fortresses without compliance with the
Acquisition may be through contact, conditions required in special laws, ordinances,
testament, or prescription. Distance may and regulations relating thereto.
be increased by stipulation of the parties.
It may also be extended by prescription. Art. 678. No person shall build any aqueduct,
well, sewer, furnace, forge, chimney, stable,
(e) Drainage of Buildings depository of corrosive substances, machinery,
or factory which by reason of its nature or
Art. 674. The owner of a building shall be products is dangerous or noxious, without
obliged to construct its roof or covering in such observing the distances prescribed by the
manner that the rain water shall fall on his own regulations and customs of the place, and
land or on a street or public place, and not on without making the necessary protective works,
the land of his neighbor, even though the subject, in regard to the manner thereof, to the
adjacent land may belong to two or more conditions prescribed by such regulations.
persons, one of whom is the owner of the roof. These prohibitions cannot be altered or
Even if it should fall on his own land, the owner renounced by stipulation on the part of the
shall be obliged to collect the water in such a adjoining proprietors.
way as not to cause damage to the adjacent In the absence of regulations, such precautions
land or tenement. shall be taken as may be considered necessary,
in order to avoid any damage to the
• Falling water is res nullius and has no neighboring lands or tenements.
owner. Every owner of a house or building
would have aright to dispose of it in any Art. 679. No trees shall be planted near a
manner even to the prejudice of neighbors tenement or piece of land belonging to another
had it not been for the provisions in this except at the distance authorized by the
Code ordinances or customs of the place, and, in the
• Last sentence is an exception to Art 637 absence thereof, at a distance of at least two
which requires lower tenements to receive meters from the dividing line of the estates if
water flowing naturally from higher tall trees are planted and at a distance of at
tenements. least fifty centimeters if shrubs or small trees
are planted.
Art. 675. The owner of a tenement or a piece Every landowner shall have the right to demand
of land, subject to the easement of receiving that trees hereafter planted at a shorter
water falling from roofs, may build in such distance from his land or tenement be
manner as to receive the water upon his own uprooted.
roof or give it another outlet in accordance with The provisions of this article also apply to trees
local ordinances or customs, and in such a way which have grown spontaneously. (591a)
as not to cause any nuisance or damage
whatever to the dominant estate.
Art. 680. If the branches of any tree should
• Receive water through extend over a neighboring estate, tenement,
(1) another roof garden or yard, the owner of the latter shall
(2) another outlet have the right to demand that they be cut off
• In accordance with local ordinances or insofar as they may spread over his property,
customs and, if it be the roots of a neighboring tree
• Not a nuisance to the dominant estate which should penetrate into the land of another,
the latter may cut them off himself within his
Art. 676. Whenever the yard or court of a property.
house is surrounded by other houses, and it is
not possible to give an outlet through the house
• Owner of the neighboring tenement can cut sufficient support which will protect the
the roots without necessity of notice to the surface from subsiding
owner of the trees. But as to the branches,
it is necessary to as that they be cut. Remedies for violation:
(1) Action for damages
Art. 681. Fruits naturally falling upon adjacent (2) Injunction
land belong to the owner of said land. • Action may be maintained against anyone
who causes the injury whether he is the
(g) Easement against Nuisance owner or not. Contractor is liable jointly
with the owner of the land. It is the person
Art. 682. Every building or piece of land is who made the excavation which causes the
subject to the easement which prohibits the injury and not the person in possession
proprietor or possessor from committing when the injury occurs, who is liable for
nuisance through noise, jarring, offensive odor, damages.
smoke, heat, dust, water, glare and other
causes. Art. 685. Any stipulation or testamentary
provision allowing excavations that cause
Art. 683. Subject to zoning, health, police and danger to an adjacent land or building shall be
other laws and regulations, factories and shops void.
may be maintained provided the least possible
annoyance is caused to the neighborhood. Art. 686. The legal easement of lateral and
subjacent support is not only for buildings
Nuisance—that class of wrongs which arise from standing at the time the excavations are made
unreasonable, unwarranted, or unlawful use by but also for constructions that may be erected.
a person of his own property and which
produces material annoyance, inconvenience, Art. 687. Any proprietor intending to make any
discomfort, or harm that the law will presume a excavation contemplated in the three preceding
consequent damage. articles shall notify all owners of adjacent lands.

• Whether the effects of the use of one’s • Notice enables the adjoining owner to take
property constitutes a nuisance depends the necessary precautions to protect their
upon the circumstances. Their penetration lands and buildings. It must be sufficient to
into another tenement in a limited measure inform the nature and the extent of the
is permissible. Even if these effects cause proposed excavation.
material injury, they would constitute a • Although person making the excavation has
nuisance if they result from the utilization given notice, he is bound to exercise
of a tenement in a manner which is usual or reasonable care and skill so as not to cause
current in the locality. damage.

VOLUNTARY EASEMENTS
(h) Easement of Lateral and Subjacent
Support Art. 688. Every owner of a tenement or piece
of land may establish thereon the easements
Art. 684. No proprietor shall make such which he may deem suitable, and in the manner
excavations upon his land as to deprive any and form which he may deem best, provided he
adjacent land or building of sufficient lateral or does not contravene the laws, public policy or
subjacent support. public order.

• Owner has a right to excavate on his own Art. 689. The owner of a tenement or piece of
land up to the boundary line of the building land, the usufruct of which belongs to another,
land. This easement prevents him from may impose thereon, without the consent of the
excavating so close as to deprive the usufructuary, any servitudes which will not
adjoining estate of its natural support and injure the right of usufruct.
cause it to crumble.
• Person excavating instead of observing a Art. 690. Whenever the naked ownership of a
sufficient distance to permit necessary tenement or piece of land belongs to one
lateral support of adjoining land may person and the beneficial ownership to another,
support the latter artificially of any material no perpetual voluntary easement may be
provided it is sufficient support established thereon without the consent of both
• There are cases where surface belongs to owners.
one person and substrata may belong to or
be lawfully used by others. This is where Art. 691. In order to impose an easement on
easement of subjacent support exists. an undivided tenement, or piece of land, the
Owners of rights below the surface may consent of all the co-owners shall be required.
excavate but this imposes upon them the
duty to refrain from removing such
The consent given by some only, must be held • To produce the transmission of ownership
in abeyance until the last one of all the co- over the tenement abandoned, the
owners shall have expressed his conformity. abandonment must be made in the proper
juridical form required for the transmission
But the consent given by one of the co-owners of the ownership of immovable property.
separately from the others shall bind the
grantor and his successors not to prevent the ______________________________________
exercise of the right granted. ___

Art. 692. The title and, in a proper case, the NUISANCE

possession of an easement acquired by
prescription shall determine the rights of the Art. 694. A nuisance is any act, omission,
dominant estate and the obligations of the establishment, business, condition of property,
servient estate. In default thereof, the or anything else which:
easement shall be governed by such provisions (1) Injures or endangers the health or safety of
of this Title as are applicable thereto. others; or
(2) Annoys or offends the senses; or
Art. 693. If the owner of the servient estate (3) Shocks, defies or disregards decency or
should have bound himself, upon the morality; or
establishment of the easement, to bear the cost (4) Obstructs or interferes with the free
of the work required for the use and passage of any public highway or street, or any
preservation thereof, he may free himself from body of water; or
this obligation by renouncing his property to the (5) Hinders or impairs the use of property.
owner of the dominant estate.
• To constitute a nuisance there must be an
Who may establish them: arbitrary or abusive use of property or
• The OWNER possessing capacity to disregard of commonly accepted standards
ENCUMBER property may constitute set by society
voluntary servitudes. (Art. 688)
• The usufructuary, and even the possessor Classification of Nuisance
in good faith, does not have the right to do Nature
so because the creation of a servitude 1. Nuisance Per Se or at Law
is a disposition of part of the right of 2. Nuisance Per Accidens or in Fact
ownership, and no one but an owner may
do this. Scope Of Their Injurious Effects
• A general capacity to contract is not 1. Public
sufficient. 2. Private
• If there are various owners, ALL must 3. Mixed
CONSENT, but consent once given is
irrevocable. (Art. 690 and 691) Nuisance Per Se (Nuisance at Law)
• Hence, their consent need not be • It is an act, occupation, or structure which is
simultaneous. a nuisance at all times and under any
circumstances, REGARDLESS OF LOCATION
In whose favor they are established: OR SURROUNDINGS.
(a) Praedial Servitudes
• For the owner of the dominant estate Nuisance Per Accidens (Nuisance in Fact)
• For any other person having any • One that becomes a nuisance by reason of
juridical relation with the dominant circumstances and surroundings
estate, if the owner ratifies it. • e.g. slaughter house
(b) Personal Servitudes
• For anyone capacitated to accept Public Nuisance
• It causes hurt, inconvenience, or injury to the
In case of property under usufruct public, generally, or to such part of the public
• The usufructuary must not be prejudiced as necessarily comes in contact it
(Art 689) • public nuisance=common nuisance
• It is a direct encroachment upon public rights
Rights and Obligations or property which results injuriously to the
• These are determined by the— public
(1) Title, and
(2) Possession (in case of prescription Private Nuisance
enlarging or diminishing the initial • One which violates only private rights and
voluntary easement) (Art. 692) produces damages to but one or a few
• Where the owner bound himself to pay persons
for the maintenance or do some service
he may abandon his tenement and relieve Attractive Nuisance
himself of his obligation (Art. 693) dangerous instrumentalities or appliances of a
character likely to attract children in play, the
owner of which, who fails to exercise ordinary Art. 699. The remedies against a public
care to prevent children from playing therewith nuisance are:
or resorting thereto, is liable to a child of tender (1) A prosecution under the Penal Code or any
years who is injured thereby, even if the child is local ordinance: or
technically a trespasser in the premises. (2) A civil action; or
(Hidalgo v Balandan) (3) Abatement, without judicial proceedings.

- The attractive nuisance doctrine generally is Criminal Prosecution

not applicable to bodies of water, artificial as • Only for a public nuisance, and not for a
well as natural, in the absence of some private nuisance
unusual condition or artificial feature other • Criminal intent may be immaterial
than the mere water and its location.

Judgment With Abatement

Distinction Between Public and Private
Nuisances Extrajudicial Abatement
Test- not the number of persons annoyed, but • In the exercise of the POLICE POWER, the
the possibility of annoyance to the public by the State may authorize its officers summarily to
invasion of its rights- the fact that it is in a abate public nuisances without resort to legal
public place and annoying to all who come proceedings and without notice or hearing
within its sphere
Art. 700. The district health officer shall take
care that one or all of the remedies against a
Liability of Creator of Nuisance public nuisance are availed of.
• General Rule: he who creates a nuisance is
liable for the resulting damages and, Art. 701. If a civil action is brought by reason of
ordinarily, his liability continues as long as the maintenance of a public nuisance, such
the nuisance continues. action shall be commenced by the city or
• He whose duty is to abate a nuisance should municipal mayor.
answer for the consequences resulting from
its continuance Art. 702. The district health officer shall
• No one is to be held liable for a nuisance determine whether or not abatement, without
which he cannot himself physically abate judicial proceedings, is the best remedy against
• All parties to the creation or maintenance of a a public nuisance.
nuisance per se are responsible for its effect
without limitation of conditions or of time. Art. 703. A private person may file an action
on account of a public nuisance, if it is specially
Liability of Transferees injurious to himself.
• To render him liable, he must knowingly
continue the nuisance, and generally, he is Special Injury to Individual
not liable for continuing it in its original form, • GENERAL RULE: a public nuisance gives no
unless he has been notified of its existence right of action to any individual but must be
and requested to remove it, or has actual abated by a proceeding instituted in the name
knowledge that it is a nuisance and injurious of the State
to the rights of others. • EXCEPTION: an individual who suffered some
special damage by reason of a public
Nature of Liability nuisance, different from that sustained by the
• All persons who join or participate in the general public, may maintain a suit in equity
creation or maintenance of a nuisance are for an injunction to abate it, or an action for
liable solidarily damages
• In other words, a public nuisance is not
Art. 697. The abatement of a nuisance does actionable by an individual unless and
not preclude the right of any person injured to until it becomes as to him, a private
recover damages for its past existence. nuisance; i.e., until he suffers some
special and definite harm.
Art. 698. Lapse of time cannot legalize any
nuisance, whether public or private. Art. 704. Any private person may abate a
public nuisance which is specially injurious to
No Prescription him by removing, or if necessary, by destroying
• The creation and maintenance of a public the thing which constitutes the same, without
nuisance is punishable criminally hence, the committing a breach of the peace, or doing
element of criminality, which characterizes unnecessary injury. But it is necessary:
the acts of creating the nuisance, should (1) That demand be first made upon the owner
prevent the acquisition of a right to maintain or possessor of the property to abate the
it. nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the
district health officer and executed with the Who may sue on Private Nuisances
assistance of the local police; and • Possession alone of real estate is sufficient to
(4) That the value of the destruction does not sustain an action to recover damages for the
exceed three thousand pesos. maintenance of a nuisance upon adjoining
property in such manner as to injure the
Right of Individual to Abate a Public enjoyment of the former
Nuisance • Ownership of the legal title is not necessary
Requisites
1. Must be exercised only in cases of urgent Art. 707. A private person or a public official
or extreme necessity extrajudicially abating a nuisance shall be liable
2. Nuisance must be actually existing at the for damages:
time when abatement is undertaken
3. The summary abatement should be (1) If he causes unnecessary injury; or
resorted to within a reasonable time after (2) If an alleged nuisance is later declared by
knowledge of the nuisance is acquired or the courts to be not a real nuisance.
should have been acquired by the person
entitled to abate Remedies of Property Owner
4. Must give a reasonable notice of his • A person whose property is seized or
intention; the code expressly mentions destroyed as a nuisance may resort to the
that a demand must be made courts for the purpose of determining whether
5. The means employed must be reasonable or not it was in fact a nuisance
6. The abatement must be approved by the • He may bring an action for replevin, or enjoin
district health officer its sale and damages if it is has been sold; or
7. The property must not be destroyed action to enjoin private parties from
unless it is absolutely necessary to do so; proceeding to abate a supposed nuisance
the civil code, however, provides a __________________________________
limitation, that the value of destruction REGISTRY OF PROPERTY
shall not exceed three thousand pesos
8. The right must always be exercised with Art. 708. The Registry of Property has for its
the assistance of the local police object the inscription or annotation of acts and
contracts relating to the ownership and other
Art. 705. The remedies against a private rights over immovable property.
nuisance are:
(1) A civil action; or Concept
(2) Abatement, without judicial proceedings. • A register signifies the act of annotation, and
includes the book of memorandum where this
Right to Damages notation is made; by extension is also means
• A person may maintain an action at law for the office where these annotations are made
damages caused by a nuisance • The Registry of Real Property may be defined
• The payment of damages is generally a mere as a public center where the true condition of
reparation for past injuries, and not an real estate is made clear by registering all
authority to continue the wrong. transferable title of ownership and of real
• If the nuisance is temporary or recurrent in rights which affect it and even where the
character, each repetition of it gives rise to a capacity of free disposition on the part of an
new cause of action, and successive actions individual is modified
will lie
Purposes of the Principle of Publicity
Defenses to Action • To give notice of the true status of the
• The defendant in an action for damages by property
reason of a nuisance may set up the following • To record transmissions and modifications of
defenses: real rights
• Public Necessity- Private interest must yield • To prevent fraud
to the public good • To guarantee the effectivity of rights
• Estoppel-One who voluntarily places himself
in a situation whereby he suffers an injury will Art. 709. The titles of ownership, or of other
not be heard to say that his damage is due to rights over immovable property, which are not
a nuisance maintained by another. duly inscribed or annotated in the Registry of
Property shall not prejudice third persons.
Art. 706. Any person injured by a private
nuisance may abate it by removing, or if Who are third persons
necessary, by destroying the thing which • Where the law speaks of “prejudice to a third
constitutes the nuisance, without committing a person,” it refers to one who has not
breach of the peace or doing unnecessary participated in the act or contract that was
injury. However, it is indispensable that the registered
procedure for extrajudicial abatement of a
public nuisance by a private person be followed.
• Where the law states that a “third person • things that are w/o owner – res nullius;
cannot be prejudiced,” it refers to one who abandoned
bases his right on a registered title • stolen property cannot be subject of
occupation
• A person who has actual knowledge may be • animals that are the object of hunting &
bound without registration fishing
• The owner is not a “third person” within the Kinds of animals:
meaning of this principle a) wild – considered res nullius when not
yet captured; when captured
Art. 710. The books in the Registry of Property & escaped – become res nullius again
shall be public for those who have a known b) domesticated animals – originally wild
interest in ascertaining the status of the but have been captured & tamed; now
immovables or real rights annotated or belong to their capturer; has habit of
inscribed therein. returning to premises of owner;
becomes res nullius if they lose that
• The word “public” is a comprehensive, all- habit of returning & regain their original
inclusive term. Properly construed, it state of freedom
embraces every person. The interest need not c) domestic/tame animals – born &
be of a pecuniary character. ordinarily raised under the care of
people; become res nullius when
Art. 711. For determining what titles are abandoned by owner
subject to inscription or annotation, as well as • hidden treasure (only when found
the form, effects, and cancellation of on things not belonging to anyone)
inscriptions and annotations, the manner of • abandoned movables
keeping the books in the Registry, and the
value of the entries contained in said books, the • Animals:
provisions of the Mortgage Law, the Land a) Swarm of bees
Registration Act, and other special laws shall - owner shall have right to pursue
govern. them to another’s land (owner to
identify latter for damages, if any)
- land owner shall occupy/retain the
DIFFERENT MODES OF ACQUIRING bees if after 2 days, owner did not
OWNERSHIP pursue the bees
b) Domesticated animals
TITLE - the remote cause of acquisition - may be redeemed within 20 days
Every juridical right which gives a means to the from occupation of another person;
acquisition of real rights but which in itself is if no redemption made, they shall
insufficient pertain to the one who caught
them
MODE- the proximate cause of acquisition c) Pigeons & fish
The specific cause which produces dominion and - when they go to another breeding
other real rights as a result of the co-existence place, they shall be owned by the
of special status of things, capacity, and new owner provided they are not
intention of persons and fulfillment of the enticed
requisites of law
• Movables:
Modes of acquiring ownership 1) Treasure found on another’s property
1) Occupation - consist of (1) money, precious
2) Intellectual Creation objects & 2) hidden & owner is
3) Donation unknown
4) Prescription - finding must be by chance in order
5) Succession that stranger may be entitled to ½
6) Tradition of the treasure
2) Movable found w/c is not treasure
- must be returned to owner
OCCUPATION - if finder retains the thing found –
may be charged with theft
There should be a corporeal thing (tangible) - if owner is unknown, give to
which must have a “corpus” (body) & that thing mayor; mayor shall announce
should have no owner finding of the movable for 2 weeks
There must be actual occupancy; thing must be in way he deems best
subjected to one’s control/disposition - of owner does not appear 6 months
There must e an intention to occupy after publication, thing found shall
Accomplished according to legal rules be awarded to finder
- if owner appears, he is obliged to
What are the things susceptible to pay 1/10 of value of property to
occupation? finder as price
 - if movable is perishable or cannot • The paper and the impression made
be kept w/o deterioration or w/o thereon by the mechanical means of
expenses it shall be sold at public writing that has been employed
auction 8 days after the publication • Publication of a letter cannot be made
without the consent of the sender
What cannot be acquired by occupation unless for the public good or in the
Ownership of a piece of land interest of justice
• because when a land is without an
owner, it pertains to the state PRESCRIPTION
• land that does not belong to anyone is It is the mode by which one acquires ownership
presumed to be public land and other real rights thru lapse of time; also a
• but when a property is private and it is means by which one loses ownership, rights &
abandoned – can be object of actions; retroactive from the moment period
occupation began to run

INTELLECTUAL CREATION Kinds:

The creator of the property is exclusive owner 1. Acquisitive
and has the right to keep it to himself UNTIL 2. Extinctive
the work is made public Comparison between Acquisitive Prescription
• When work is made public, he loses this and Extinctive Prescription
exclusive right unless the work is Acquisitive Extinctive
copyrighted or patented Prescription Prescription
• A creator cannot be compelled to make his Usurpacion Prescription
work public It is the possessor One looks at the
• RULE: “Every new and innocent product of who does the act neglect of the owner/
mental labor, which has been embodied in his omission
writing, or some other material form, while Expressly vests the Statute of limitation
it remains unpublished, is the exclusive property and raised a that merely bars the
property of its author, entitled to the same new title in the right of action
protection which the law throws around the occupant
possession and enjoyment and other kinds Important feature is Important feature is
of property” the claimant in the owner out of
• When his rights are violated, he is entitled possession possession
to the same remedies as the owner of any
personal property may have
Who may acquire by prescription:
• The painter, sculptor or other artist shall a. person who are capable of acquiring
have dominion over the product of his art property by other legal modes
even before it is copyrighted. b. STATE
c. minors – through guardians of
• The scientist or technologist has the personally
ownership of his discovery or invention
even before it is patented. Against whom prescription run:
• Authors of literary and artistic works cannot 1. minors & incapacitated person who
prevent its broadcast as they have a moral have guardians
and educational value but they can demand 2. absentees who have administrators
that their names be mentioned; oppose any 3. persons living abroad who have
modification; receive an equitable administrators
remuneration, and others 4. juridical persons except the state
• A production by an employee in relation to with regard to property not
his work is his (e.g. professor’s literary patrimonial in character
work) 5. between spouses (husband & wife)
• Photos taken by a photographer for his 6. between parents & children (during
benefit and not as requested by a subject is minority/insanity)
his. 7. between guardian & ward (during
• Plans created by an architect for value for a guardianship)
client is owned by the client 8. between co-heirs/co-owners
9. between owner of property &
Dual interest or property right in letters person in possession of property in
sent by one to another person concept of holder

1. Intellectual Property Things subject to prescription: all things within

• Thoughts and ideas and their form of the commerce of men
expression contained in the letter a. private property
2. Material or Physical Thing b. patrimonial property of the state

Things not subject to prescription:

 1. public domain • possession not by mere tolerance
2. intransmissible rights (e.g. probate of a of owner but adverse to that of the
will) owner
3. movables possessed through a crime • claim that he owns the property
4. registered land
• PUBLIC, PEACEFUL & UNINTERRUPTED
Renunciation of prescription: • Must be known to the owner of the
• persons with capacity to alienate may thing
renounce prescription already obtained • Acquired & maintained w/o
but not the right to prescribe in the violence
future • Uninterrupted (no act of
• may be express or tacit deprivation by others) in the
• prescription is deemed to have been enjoyment of property
tacitly renounced; renunciation results
from the acts w/c imply abandonment Interruption
of right acquired a) Natural
• creditors & persons interested in -through any cause, possession ceases for more
making prescription effective may avail than 1 year
themselves notwithstanding express or -if 1 year of less – as if no interruption
tacit renunciation
b) Civil
-produced by judicial summons; except
Prescription of Ownership & Other Real • void for lack of legal solemnities
Rights • plaintiff desist from complaint/allow
proceedings to lapse
• possessor is absolved from complaint
Kinds of Acquisitive prescription
i. express or tacit renunciation
1. ordinary
ii. possession in wartime
2. extra-ordinary
• RULES IN COMPUTATION OF PERIOD:
Requisites for ordinary prescription:
a. Present possessor may tack his
1. possession in good faith
possession to that of his grantor or
2. just title
predecessor in interest
3. within time fixed by law
b. Present possessor presumed to be in
• 4 years for movables
continuous possession I intervening
• 8 years for immovables
time unless contrary is proved
4. in concept of an owner
c. First day excluded, last day included
5. public, peaceful, uninterrupted

Requisites for extra-ordinary prescription:

Tacking Period
1. just title is proved
• there must be privity between previous &
2. within time fixed by law
present possessor
• 10 years for movables
• possible when there is succession of rights
• 30 years for immovables
• if character of possession different:
3. in concept of an owner
predecessor in bad faith possessor in good
4. public, peaceful, uninterrupted
faith – use extraordinary prescription
• GOOD FAITH- Reasonable belief that person
who transferred thing is the owner & could
validly transmit ownership
-Must exist throughout the entire period Prescription of Actions
required for prescription By lapse of time fixed by law
• 30 years
• JUST TITLE (TRUE & VALID) – must be -action over immovables from time
proved & never presumed possession is lost
a) Titulo Colorado - • 10 years
b) Titulo putativo - -mortgage action
• title must be one which would have -upon written contract
been sufficient to transfer -upon obligation created by law
ownership if grantor had been the -upon a judgement
owner • 8 years
• through one of the modes of -action to recover movables from time
transferring ownership but there is possession is lost
vice/defect in capacity of grantor to • 6 years
transmit ownership -upon an oral contract
-upon a quasi-contract
• IN CONCEPT OF OWNER • 5 years
 -actions where periods are not fixed by can take possession of the property
law anytime
• 4 years iv. Traditio Brevi Manu- “short hand”;
-upon injury to rights of plaintiff transferee already in possession of the
-upon a quasi-delict property but not as owner
• 1 year v. Traditio Constitum Possessorium-
-for forcible entry & detainer owner remains in possession but not as
-for defamation owner e.g. lease
vi. Quasi-Tradition- subject matter:
Rights not extinguished by prescription: property right; e.g. right to collect
1. demand right of way credit
2. abate public /private nuisance vii. Tradition by operation of law
3. declare contract void
4. recover property subject to expressed SUCCESSION-testate and intestate
trust DONATION
5. probate of a will
6. quiet title DONATION

Characteristics:
Donation Inter Vivos Donation Mortis Causa a) Unilateral – obligation imposed on the
Disposition and Disposition happens upon donor
acceptance to take effect the death of donor b) Consensual – perfected at time donor
during lifetime of donor knows of acceptance
and donee
Already pertains to the Even if there is a term of Requisites of Donation:
donee unless there is a effectivity and effectivity 1. Reduction in patrimony of donor
contrary intent is upon the death of the 2. Increase in patrimony of donee
donor, still entitled to 3. Intent to do act of liberality
fruits 4. Donor must be owner of property
Formalities required - Formalities required - donated
follow law on donations follow law on succession
and certain kinds of to be valid, and donation Requirements of a donation:
donations & law on must be in the form of a 1. subject matter – anything of value;
obligations and contracts will present property & not future, must
(suppletory) not impair legitime
Irrevocable at the Revocable ad mutuum 2. causa – anything to support a
instance of the donor; (exclusive will of donor) consideration: generosity, charity,
may be revoked only by goodwill, past service, debt
reasons provided by law 3. capacity to donate & dispose & accept
Revoked only for reasons donation
provided for by law 4. form – depends on value of donation
(except onerous
donations) Kinds of Donation according to
Effectivity:
TRADITION
Requisites: Acceptance
1. Pre-existence of right in estate of grantor a) acceptance must be made personally or
2. Just cause or title for the transmission thru agent
3. Intention- of both grantor and grantee b) donation may be made orally or in
4. Capacity- to transmit and to acquire writing
5. An act giving it in outward form, • movable:
physically, symbolically, or legally i. 5,000 & below – may be oral or
written, if oral it must be with
Legal Maxim: simultaneous delivery of
“Non nudis pactis, sed tranditione, dominia thing/document & acceptance need not
rerum transferentur” be in writing
(Not by mere agreement but by delivery, is ii. above 5,000 - must be written and
ownership transferred) accepted also in writing

Kinds of Tradition:

a. Real Tradition • immovable - must be in a public

b. Constructive Tradition instrument & acceptance must also be
i. Symbolic Delivery in a public instrument (in same
ii. Delivery by Public Instrument instrument or in other instrument)
iii. Traditio Longa Manu- “long hand”;
placed in the sight of vendee so that he
 • In case of doubt with regards to nature What may be given:
of donation: inter vivos • All or part of donor’s present property
provided he reserves sufficient means
Badges of mortis causa: for the support of the ff:
1. Title remains with donor (full or naked • himself
ownership)& conveyed only upon death • relatives who by law are entitled to his
2. Donor can revoked ad mutuum support
3. Transfer is void if transferor survives • legitimes shall not be impaired
transfer • when w/o reservation or if inofficious,
may be reduced on petition of persons
Kinds of donation INTER VIVOS affected
1) pure/simple • except: conditional donation & donation
2) remuneratory mortis causa
3) conditional • except: future property
4) onerous
Double Donations
Who may give donations Rule: Priority in time, priority in right
-All persons who may
contract and dispose 1. If movable – one who first take possession
of their in good faith
property 2. If immovable – one who recorded in registry
of property in good faith
Who may accept donations: - no inscription, one who first took
1. natural & juridical persons w/c are possession in good faith
not especially disqualified by law - in absence thereof, one who can present
oldest title
2. minors & other incapacitated
Revocation of Donations
a) by themselves - applies only to donation inter vivos
- if pure & simple - not applicable to onerous donations
donation
- if it does not require • With regards to donations made by person
written acceptance without children or descendants at time
b) by guardian, legal of donation:
representatives if needs 1. If donor should have legitimate,
written acceptance legitimated or illegitimate children
i.. natural guardian – not 2. If child came out to be alive & not dead
more than 50,000 contrary to belief of donor
ii. court appointed - more 3. If donor subsequently adopts a minor
than 50,000 child
iii. conceived & unborn child,
represented by person who would • Action for revocation based on failure to
have been guardian if already born comply with condition in case of conditional
donations
• Action for revocation by reason of
Who are disqualified to donate:
ingratitude
1. guardians & trustees with respect to
1. Donee commits offense against person,
property entrusted to them
honor, property of donor, spouse,
2. husband & wife
children under his parental authority
3. between paramours/persons guilty of
2. Donee imputes to donor any criminal
adultery
offense or any cat involving moral
4. between parties guilty of same criminal
turpitude even if he should prove it
offense
unless act/crime has been committed
5. made to public officers, wife, descendant,
against donee himself, spouse or
ascendant
children under his parental authority
3. Donee unduly refuses to give support
Other persons disqualified to receive
to donor when legally or morally bound
donations:
to give support to donor
1. priest who heard confession of donor during
his last illness
th
2. relatives of priest within 4 degree, church,
Exception to rule on intransmissibility of
order, community where priest belongs
action with regards to revocation due to
3. physician, nurse, etc. who took care of
ingratitude:
donor during his last illness
1. personal to the donor; general rule is
4. individuals, corporations, associations not
heir cannot institute if donor did not
permitted
institute
2. heirs can only file in the ff cases:
 a) donor has instituted
proceedings but dies before
bringing civil action for
revocation
b) donor already instituted civil
action but died, heirs can
substitute
c) donee killed donor or his
ingratitude caused the death of
the donor
d) donor died w/o having known
the ingratitude done
e) criminal action filed but abated
by death
3. can only make heirs of donee liable if
complaint was already filed when donee
died

Inofficious donations:
1. shall be reduced with regards to the
excess
2. action to reduce to be filed by heirs
who have right to legitimate at time of
donation
3. donees/creditors of deceased donor
cannot ask for reduction of donation
4. if there are 2 or more donation: recent
ones shall be suppressed
5. if 2 or more donation at same time –
treated equally & reduction is pro rata
but donor may impose preference
which must be expressly stated in
donation
Kinds of Donation
Pure/Simple Remuneratory Conditional Onerous
a) Consideration Liberality or merits of Valuable consideration Valuable
Merits of donee donee or burden/ charge is imposed but value is consideration given
of past services provided less than value of thing
they do not constitute donated
demandable debt

b) law to apply/ Law on donations Extent of burden Law on obligations

forms imposed>oblicon
Law on donations excess>donation
c) form of Required Required Required
acceptance
Required
d) reservation Applicable Applicable Not Applicable
w/regards to
personal support &
legitime
Applicable
e) warranty against
eviction & hidden
defects
In bad faith only In bad faith only In bad faith only Applies
f) revocation
Applicable Applicable Applicable Applicable

Modes of Extinguishment
BIRTH OF CHILD NON-FULFILLMENT OF INGRATITUDE
CONDITION
Ipso jure revocation, no need needs court action needs court action
for action., court
decision is merely
declaratory
Extent: portion which may Extent: whole portion but court Extent: Whole portion returned
impair legitime of heirs may rule partial revocation only
Property must be returned Property in excess Property to be returned
Alienation/mortgages done
prior to recording in Register of
Deeds:
If already sold or cannot be Alienations/mortgages imposed Prior ones are void; demand
returned – the value must be are void unless registered with value of property when
returned Register of Deeds alienated and can’t be
If mortgaged – donor may recovered or redeemed from
redeem the mortgage with 3rd persons
right to recover from donee
Fruits to be returned at filing of Fruits to be returned at filing of
action for revocation complainant
Prescription of action is 4 years Prescription is 4 years from Prescription is 1 year from
from birth, etc. non-fulfilment knowledge of fact and it was
possible for him to bring action
Action cannot be renounced Action cannot be renounced in
advance
Right of action transmitted to Right of action at instance of Heirs can’t file action
heirs donor but may be transmitted
to heirs
Action extends to donee’s heirs Action does not extend to
donee’s heirs
 LEASE (d) price fixed in relation to period of use
or enjoyment
General Characteristics of Every Lease (e) temporary
(1) Temporary duration
(2) Onerous (4) Lease distinguished from sale, usufrunct,
(3) Price is fixed according to contract commodatum
duration
In case of doubt-INTENTION of the parties should
Kinds of Lease be the guide in determining the contract entered
(1) Lease of things—movables and into.
immovables Lease Sale
• One of the parties binds himself to give Only the use or
to another the enjoyment or use of a enjoyment of the things
thing for a price certain, and for a period is transferred, and only
which may be definite or indefinite; for a determinate period
however, no lease for more than 99 years Plain redundancy to fix Price of the thing was
shall be valid or mention the price of fixed in the contract
the thing which is the
(2) Lease of work or contract of labor subject-matter thereof
• One of the parties binds himself to May be in money, or in Price must be in money
execute a piece of work or render to the fruits, or in some other or its equivalent
other some service for a price certain, useful thing or some
but the relation of principal and agent other prestation
does not exist between them.
• Contract of labor is a contract sui Lease Usufruct
generis, partaking of the nature of a Real right only by Always a real right
partnership in which capital and the exception: when
laborer have their respective shares. registered and for more
than 1 year
(3) Lease of Services
Constitutor/Lessor To constitute usufruct,
• There is no principle of representation
need not be an owner constitutor must be the
unlike in agency
e.g. sublessor, usufruct owner
• Price exists and agency is presumed to
Lessor places and Owner merely allows
be gratuitous
maintains lessee in the usufructuary to use
• The will of both parties is necessary for
enjoyment of the thing and enjoy the property
the extinguishment of the obligation
Use is limited to that Includes all possible
(i) written in the contract uses and manner of
Lease of Contract for a enjoyment of property
Service piece of work EXCEPT in distinction of
Manner of The price is paid In proportion to normal or abnormal
paying the in relation to the the work usufruct
price duration of the accomplished Must be definite, Maybe for an indefinite
labor or service otherwise court may fix period of time
Existence If the lessor If the lessor the same through the
of a workstation works by proper action
relation of under the himself, BOTH the lessee and the usufructuary USE and
dependence direction of the independently of ENJOY the thing.
between lessee, receiving the lessee, in
lessor and instructions from the manner he
Lease Commodatum
lessee him on the deems most
manner of adequate for the Consists in the Consists in the
rendering service execution of the cessation of the use of cessation of a thing to
or labor work a thing to another but another but this is
this is essentially essentially gratuitous
onerous
BOTH consist in the cession of the use of a thing
Lease of things to another
(1) Concept
(5) Price In Lease
Art. 1643. In the lease of things, one of the • Price may be in money, or in fruits, or in
parties binds himself to give to another the some other useful things.
enjoyment or use of a thing for a price certain, • May also be in some other prestation
and for a period which may be definite or • When it consists in fruits or products, it
indefinite. However, no lease for more than may be a determinate or fixed quantity
ninety-nine years shall be valid. or an aliquot part or percentage of the
produce of the tenement. It may be
(2) Consumable things cannot be the subject variable at different periods within the
matter of lease, Except duration of the lease.
(a) consumables only for display or • When the price consists of a certain
advertising. (lease ad pompam et percentage of the fruits obtained from
ostentationem) eg. Wedding cakes the thing, the contract is to be regarded
for display in Goldilocks, wine in a as a TENANCY CONTRACT, which is
showcase of a store generally regarded as an important
(b) goods are accessory to an industrial variation of the contract of lease. But is
establishment e.g., coal in a factory regarded as having the character more of
a partnership rather than a lease.
(3) Special characteristics of lease of things;
(a) essential purpose is to transmit the Amount of Rent
use and enjoyment of a thing • The price of the lease, or rent, must be
(b) consensual serious or substantial so as not to be so
(c) onerous insignificant to indicate an intention of
liberality on the part of the owner, and to
 receive such liberality on the part of the pay the reasonable worth of the service
party. rendered upon the implied contract of hiring.
• If the parties are not able to fix the price, • Although no fixed amount may have been
or the basis for its determination, the determined as the consideration for the
contract is ABSOLUTELY VOID. If the contract of hiring, the contract is nevertheless
lessee has entered upon the possession valid if the amount of the implied
and enjoyment of the thing, he will be compensation can be determined by CUSTOM
liable for the damages for the occupation or frequent use in the place where the service
of the thing. was rendered.

(6) Period of lease Lease of Real Estate

• A lease of things during the lifetime of • Every lease of real estate may be recorded in
one of the parties is considered valid. the Registry of Property.
• When the lease is for such time as the • Unless a lease is recorded, it shall not be
lessor or lessee may please, it is binding upon third persons.
considered as on for life, ending upon the • If the lease is to be recorded in the Registry
death of the party who would have of Property, a proper authority to constitute
terminated the contract. the same is necessary for some persons. Eg.
• CANNOT be perpetual- there must always Husband to wife’s paraphernal property;
be a period, which may be definite or guardian to ward’s property
indefinite
Purchase of Leased Land
(a) definite period-not more than 99 • Where a purchaser of land at the time of the
years. The Civil Code allows leases of purchase has FULL KNOWLEDGE of the fact
property for not more than 99 years, that the land has been leased to a third
so that a lease made for more than person and is informed of the terms of such a
99 years, shall be considered as lease, he is BOUND to respect said lease,
terminated after the end of 99 years. although it is not recorded upon the
After that period, it will be a lease for certificate of title, and it is not error to hold
an indefinite period. the lease in effect became part of the
contract of sale.
(b) indefinite period
• If the period is indefinite, and the (7) Assignment of lease
thing leased is rural land, art.1682 Art. 1649. The lessee cannot assign the lease
shall apply; if it is urban land art. without the consent of the lessor, unless there is
1687 governs. a stipulation to the contrary.
• If the thing is neither rural nor urbam
land, the provisions of the two • The lessee cannot assign the lease
articles should be applied by analogy. without the consent of the lessor unless,
there is a stipulation to the contrary.
(i) rural land • It involves the transfer of rights and
obligations thus, the consent of the lessor
Art. 1682. The lease of a piece of rural land, is necessary.
when its duration has not been fixed, is • However, a mere transfer of rights of the
understood to have been for all the time lessee, and not of the contract itself,
necessary for the gathering of the fruits which the would not require the lessor’s consent,
whole estate leased may yield in one year, or unless there is an express stipulation to
which it may yield once, although two or more the contrary.
years have to elapse for the purpose. • The consent of the lessor would be
necessary for the validity of
(ii) urban land mortgage of a lease.

Art. 1687. If the period for the lease has not (8) Sublease
been fixed, it is understood to be from year to
year, if the rent agreed upon is annual; from Art. 1650. When in the contract of lease of
month to month, if it is monthly; from week to things there is no express prohibition, the lessee
week, if the rent is weekly; and from day to day, may sublet the thing leased, in whole or in part,
if the rent is to be paid daily. However, even without prejudice to his responsibility for the
though a monthly rent is paid, and no period for performance of the contract toward the lessor.
the lease has been set, the courts may fix a
longer term for the lease after the lessee has Assignment of lease Sublease
occupied the premises for over one year. If the There is a transfer to a Merely another contract
rent is weekly, the courts may likewise determine third person of the of lease, where the
a longer period after the lessee has been in rights and obligations original lessee becomes
possession for over six months. In case of daily arising from the lease in turn a lessor
rent, the courts may also fix a longer period after contract
the lessee has stayed in the place for over one A sale of the lessee’s Even when the lessor
month. rights, and when the consents to the sub-
lessor gives his lease, the original lease
consent, the original contract subsists and is
Capacity of Lessee lessee is released binding on the lessee
• As a rule, any person with the capacity to Succession by Juxtaposition of 2
enter into contracts can be a lessee. particular title to one leases
• However, those who are disqualified to buy contract of lease
certain things cannot lease such things. (
ART. 1646, 1490,1491) • Effects
(1) When the lessee subleases the
property in spite of a prohibition to
Contract May Be Implied do so, he violates the contract, and
• Where one has rendered services to another, the lessor can ask for recission and
and these are accepted by the latter, in the damages, or damages only.
absence of proof that the service was
rendered gratuitously, an obligation results to
 • The violation takes place when the • The provisions governing warranty
lessee palces the thing at the contained in the Title on Sales, shall be
disposal of the sublesee. applicable to the contract of lease.
• The lessee cannot justify the breach • IN the cases where the return of the price
of contract by proof that the is required, REDUCTION shall be made in
sublessee is solvent and of good proportion to the time during which the
standing. lessee enjoyed the thing.
• Art. 1547, 1555, 1561, 1566, 1567, 1568,
(2) When in the contract of lease, there 1569
is no express prohibition, the lessee • A warranty is the obligation to repair or
may sublet the thing leased, in whole correct the error whereunder the lessee
or in part, without prejudice to his took over the property leased.
responsibility for the performance of • BUT when the law declares that the lessor
the contract toward the lessor. must warrant the thing leased, it is not to
be understood that he must also indemnify
(a) House Rental Law (RA 877)—there is a the lessee. Liability for the warranty is not
presumption that there would be no equivalent to liability in damages.
sublease unless the lessor allows it • The lessor is liable for the warranty of the
(b) obligation of sublessee to lessor thing leased against any hidden defects it
may have, even when UNKNOWN to said
lessor.
Art. 1651. Without prejudice to his obligation • But this liability for warranty of the thing
toward the sublessor, the sublessee is bound to leased does not amount to an obligation to
the lessor for all acts which refer to the use and indemnify the tenant for damages, which is
preservation of the thing leased in the manner only to be allowed, when there is proof
stipulated between the lessor and the lessee. that the lessor acted with fraud and in bad
faith by concealing the defect and not
(i) for rents revealing it to the lessee.

Art. 1652. The sublessee is subsidiarily liable to (ii) Making of Repairs

the lessor for any rent due from the lessee. • It implies the putting of something back into
However, the sublessee shall not be responsible the condition in which it was originally and
beyond the amount of rent due from him, in NOT an improvement in the condition thereof
accordance with the terms of the sublease, at the by adding something new thereto
time of the extrajudicial demand by the lessor. • Includes those that are necessary in order to
Payments of rent in advance by the sublessee keep it in serviceable condition for the
shall be deemed not to have been made, so far as purpose for which it was intended
the lessor's claim is concerned, unless said • The obligation to make repairs must be
payments were effected in virtue of the custom of understood to apply to the restoration of
the place. property which has deteriorates from use or
has been partially destroyed, without total
• Subsidiarily liable to the lessor for loss of identity.
any rent due from the lessee • It is the duty of the lessee to give NOTICE of
• The sublessee shall not be the need of repairs to the lessor, and he shall
responsible beyond the amount of be liable for the damages which by his
rent due from him, in accordance neglect may be suffered by the owner.
with the terms of the sublease, at the • Although the lessor is bound to make the
time of the extrajudicial demand by necessary repairs, whether due to lapse of
the lessor. time, or to the use stipulated in the leases
• Payment of rent in ADVANCE by the contract, or to fortuitous event, or to the
sublessee shall be deemed not to nature of the thing leased, he is NOT bound
have been made, so far as the to make repairs caused by the lessee himself.
lessor’s claim is concerned, UNLESS
said payments were effected by Effect of Urgent Repairs
virtue of the custom of the place. • During the lease it should become
necessary to make some urgent repairs
(ii) for the use and preservation of the upon the thing leased, which cannot be
thing leased deferred until the termination of the
• Without prejudice to his obligation lease, the lessee is obliged to tolerate the
toward the sublessor, the sublessee work.
is bound to the lessor for all the acts • If the repair lasts for more than 40 days,
which refer to the use and the rent shall be reduced in proportion ti
preservation of the thing leased in the time-including the 40 days- and the
the manner stipulated between the part of the property of which the lessee
lessor and the lessee. has been deprived.
• When the work is of such a nature that
(9) Rights and obligations of lessor and the portion which the lessee and his
lessee family need for their dwelling becomes
(a) obligation of lessor uninhabitable, he may rescind the
contract if the main purpose of the lease
Art. 1654. The lessor is obliged: is to provide a dwelling for the lessee.
(1) To deliver the thing which is the object of • If after having been notified, the lessor
the contract in such a condition as to render it fit fails to make urgent repairs, the lessee,
for the use intended; to avoid imminent danger, may order the
(2) To make on the same during the lease all repairs at the lessor’s expense.
the necessary repairs in order to keep it suitable
for the use to which it has been devoted, unless Dangerous Conditions
there is a stipulation to the contrary; • If a dwelling is in such a condition that its
(3) To maintain the lessee in the peaceful and use brings imminent and serious danger
adequate enjoyment of the lease for the entire to life or health, the lessee may
duration of the contract. terminate the lease at once by notifying
the lessor, even if at the time the
(i) Warranty of Lessor contract was perfected the former knew
 of the dangerous condition or waived the • to pay the price of the lease according to
right to rescind the lease on account of the terms stipulated
the condition. • the obligation imposed upon the lessee to
pay rent in the manner agreed upon
Alteration arises only when the contract has been
actually carried into effect by the delivery
Art. 1661. The lessor cannot alter the form of of the thing leased to the lessee for the
the thing leased in such a way as to impair the purpose stipulated in the contract.
use to which the thing is devoted under the terms
of the lease. Increase and Decrease of Rent
• Increase and decrease in the price of
• To deliver the thing which is the object of lease shall be 10% per year, net of the
the contract in such a condition as to assessed violation of the property that is
render it fit for the use intended the subject matter of the contract.
• To make on the same thing, during the • Rentals shall be paid not on the basis of
lease, all the necessary repairs in order the assessed valuation of the property on
to keep it suitable for the use to which it the date of the contract, but on the basis
has been devoted, unless there is a of the assessed valuation determined by
stipulation to the contrary. the government assessors and subject to
• Must be interpreted in the light of growth the natural fluctuations in the value of
of civilization and varying conditions. property, according to the appraisement
thereof made for assessment of taxes.
(iii) Peaceful Possession
• It is the duty of the lessor to place the Failure to Pay for Rent
lessee in legal possession of the premises • For failure to pay the rent will entitle the
and to maintain him in the of the lessor to evict the tenant, and recover
property during the entire term of the the unpaid rent, plus accrued legal
lease. interest thereon at the rate of 6% per
• To maintain the lessee on the peaceful year.
and adequate enjoyment of the lessee for • A tenant evicted without due process of
the entire duration of the contract. law is entitled to recover damages but
• The non-fulfillment by the lessor of this such damages must be limited to the
obligation releases the lessee from the simple trespass and cannot include
obligation to pay what is stipulated in the mesne profits.
contract from the date he ceased to
occupy the premises. Place and Time
• The lessee is obliged to bring to the • Payment of rent shall be made at the
knowledge of the proprietor, within the domicile of the lessee; and with respect
shortest possible time, every usurpation to the time, the custom of the place shall
or untoward act which any third person be followed.
may have committed, or may be openly
preparing to carry out upon the thing ii. Use the Thing Leased as a Diligent
leased; He shall be liable for the Father
damages which, through his negligence, • To use the thing leased as a diligent
may be suffered by the proprietor. father of a family, devoting it to the use
• The lessee is obliged to bring to the stipulated, and in the absence of
knowledge of the proprietor, within the stipulation, to that which may be inferred
shortest possible time, every usurpation from the nature of the thing leased,
or untoward act which any third person according to the custom of the place.
may have committed or may be openly • The lessee shall return the thing leased,
preparing to carry out upon the thing upon the termination of the lease, just as
leased. He shall be liable for the damages he received it, save what has been lost or
which, through his negligence, any be impaired by the lapse of time, or by the
suffered by the proprietor ordinary wear and tear, from an
• Upon the ouster of the tenant by a third inevitable cause.
person, the owner may commence • The lessee is responsible for the
summary proceedings to recover deterioration of the thing leased, unless
possession. he proves that it took place without his
• Summary possessory action will lie fault.
against him who disturbs another in his • The lessee is liable for any deterioration
possession whether acting in his own caused by members of his household and
behalf or under direction of another. by his guest and visitors.
• The owner is entitled to defend his
property from any aggression in order to iii. Pay Expenses for the Deed of Lease (Art.
prevent serious injury to his interest, 1662-1667)
which would happen if this was left to the
tenant who has no interest and has no c. Right of lessee to suspend payment
real right in the property leased. of rentals
• Whatever may be the nature of the Art. 1658. The lessee may suspend the payment
disturbance occurring, as long as it may of the rent in case the lessor fails to make the
affect the possession or the right of the necessary repairs or to maintain the lessee in
owner over the leased property, he is peaceful and adequate enjoyment of the property
entitled to institute the proper action and leased.
it would be judicial absurdity to deny him
such a right and trust the defense of his d. Right to ask for rescission
interests to the tenant whose obligations
and rights are entirely different. Liability for Breach of Duties
• If the lessor or lessee should not comply
(b) obligations of lessee (Art. 1657) with the obligation set forth in ART 1654
and 1657, the aggrieved party may ask
for:
(i) Pay Rent (1) rescission of the contract;
(2) indemnification for damages;
 (3) only damages, allowing the (5) by rescission due to nonperformance
contract to remain in force of the obligation of one of the
• The lessor cannot be held responsible for parties.
damages from defects unknown to both • In order to retain the thing leased to the
parties. But the lessor who fails in the lessor, it is not enough that the lessee
performance of his obligation must vacates it. It is necessary that he place
indemnify the lessee for damages the thing at the disposal of the lessor, so
occasioned thereby. The true measure of that the lessor can receive it without any
damages in such a case is the ACTUAL obstacle.
loss of the lessee arising from the breach
of contract on the part of the lessor. Fixed Period
• If the lease was made for a determinate
time, it ceases upon the day fixed,
Alternative Remedies without the need of a demand.
• Performance of the contract and • If at the end of the contract the lessee
rescission of the lease are alternative should continue enjoying the thing leased
remedies for fifteen days with the acquiescence of
• In either case, the aggrieved party is the lessor, and unless a notice to the
entitled to such damages as are contrary by either party has previously
appropriate as to the particular remedy given, it is understood that there is an
chosen, but may not upon rescission of implied new lease, not for the period of
the contract recover the damages that the original contract but for the time
are appropriate only where the established in art. 1682(rural) and
performance is demanded. 1687(urban)
• But if the lessee continues enjoying the
Rescission of the Contract thing after the expiration of the contract,
• Where the plaintiff alleges and submits over the lessor’s objections, the lessee
proof that the defendant is in possession shall be subject to the responsibilities of
of a parcel of land as lessee, and the a possessor in bad faith.
latter has not paid the proper rents, he • When the parties have made no
may be compelled, by reason of his agreement and the tenant remains in
inability to pay to: possession with the acquiescence of the
(1) return the leased property; lessor for 15 days after the expiration of
(2) the lessor has a right to rescind the term, the duration of the tenancy is
the contract; governed by article 1682 and 1687.
(3) recover the unpaid rents • It is no excuse to remain in possession
(4) eject the tenant from the land after the lease has expired, to say that
• The execution of the deed shall be the lessor owed the lessee for the value
equivalent to delivery but this is a of some repairs done therein, when it
rebuttable presumption. appears that in the contract of lease it
• If the thing leased has never been placed was stipulated that the lease should
in possession of the lessee, he has the retain a certain amount from the monthly
remedy of rescission. rent to reimburse himself of a liquidated
amount of money spent in those repairs,
Recovery of Damages and there is nothing in the record
• A breach of rental contract entitles the showing that the lessee had not thus
other party to demand indemnity for reimbursed himself of the amount.
damages.
Option To Renew
Enforcement of Lease • Where a lease is for a stated term with
• Where the lessor resumes possession of the privilege to the lessee of extending
his leased property for its protection after the term for another period, and contains
the lessee has abandoned the same, the no provision for notice to the lessor of the
lessor has still the right to hold the lessee lessee’s election so to extend the term,
responsible until the termination of the the lessee is not required to give express
lease. notice to the lessor, before the expiration
• The lack of power of administration to of the first period, of his election to
lease the premises for a period beyond extend the term.
his administration, may NOT be invoked
by the lessee who has dealt with him, but Tacit Renewal
only by the heirs or the new owners of • When the tenant, with the acquiescence
the premises. of the landlord, holds over after the
expiration of the term, the tacit renewal
(e) Lessor not obliged to answer for of the lease is not for the same term as
mere act of trespass by a third that of the original contract, but ofr the
person same terms as in Art. 1682 (rural) and
1687 (urban) according to the character
of the property and the periods of
(10) Grounds for ejectment of lessee payment of the rent.
by lessor • There can be no renewal, if the lessor,
before the expiration of the term, gives
the lessee a notice to vacate.
Termination of Lease • The fifteen-day period which brings about
• The lease may terminate: a tacit renewal of the lease, is not
(1) by the expiration of the period; applicable to successive renewals.
(2) by the total loss of the thing; • In the case of IMPLIED NEW LEASE, the
(3) by the resolution of the right of the obligation contracted by a third person
lessor, such as when the lessor is for the security of the principal contract
usufruct is terminated; shall lease with respect to the new lease.
(4) by the will of the purchaser or
transferee of the things; Judicial Ejectment
• The lessor may judicially eject the lessee
for any of the following causes:
 (1) When the period agreed upon, or • A contract of lease executed by the
that which is fixed for the duration of vendor, unless recorded, ceases to have
leases under Art 1682 (rural) and effect when the property is sold, in the
1687(urban), has expired; absence of a contrary agreement.
(2) Lack of payment of the price • The purchaser of real property is bit
stipulated; bound by an unrecorded lease thereof
(3) Violation of any of the conditions which is not mentioned in the deed of
agreed upon in the contract; conveyance.
(4) When the lessee devotes the thing • The act of the new owner of giving notice
leased to any use or service not of an increase of rent, when the existing
stipulated which causes the lease is of an indefinite time, or when the
deterioration thereof, or if he does original period has expired, constitutes a
not observe due diligence in its use. notice of termination of the original lease.
• In ejectment cases where an appeal is • If the tenant continues in possession,
taken, a preliminary mandatory without accepting the new terms
injunction may be granted to restore the proposed, he becomes obliged to pay the
lessor in possession by motion filed reasonable value of the use and
within a period of 10 days from the time occupation of the premises, and may
the appeal is perfected. furthermore be evicted from the
• When the lease contract does not have a property.
definite period, but is terminable upon 30
days notice, the lease will terminate upon Effect of Actual Notice
the expiration of 30 days from the receipt • A purchaser of land who has full
of notice, whether the termination knowledge of the fact that the land has
coincides with the rent day or not. been leased to a third person and is
• The landlord has the right to increase the informed of the terms of such lease at
rent after the expiration of the stipulated the time of the purchase is bound to
period. And if no period is stipulated, in a respect the lease.
lease of urban property, notice by the
lessor of an increase in rent is equivalent Right of Lessee to Fruits and Damages
to notice of termination of the original • The law grants the purchaser of a leased
agreement. estate the right to terminate the lease,
• Default in the payment of rent authorizes reserving to the lessee only the right to
the lessor judicially to dispose the lessee. gather the fruits of the crop
corresponding to the current agricultural
(12) Right of purchaser of leased land year. The lessee, however, may recover
his damages from the vendor, his lessor.
Art. 1676. The purchaser of a piece of land • This right does not extend to the
which is under a lease that is not recorded in the gathering of fishes, which require 2 years
Registry of Property may terminate the lease, before they are of any commercial value.
save when there is a stipulation to the contrary in
the contract of sale, or when the purchaser knows Right to Repurchase
of the existence of the lease. • The purchaser in a sale with the right to
If the buyer makes use of this right, the redemption cannot make use of the
lessee may demand that he be allowed to gather power to eject the lessee until the end of
the fruits of the harvest which corresponds to the the period of redemption.
current agricultural year and that the vendor • This rule is not applicable to a case where
indemnifies him for damages suffered. the vendor, on disposing of real property
If the sale is fictitious, for the purpose of under right of repurchase, continues
extinguishing the lease, the supposed vendee nevertheless in possession thereby by
cannot make use of the right granted in the first virtue of a special agreement, not as
paragraph of this article. The sale is presumed to owner, but as tenant of the purchaser by
be fictitious if at the time the supposed vendee the payment of rent. (constitutum
demands the termination of the lease, the sale is possesorium)
not recorded in the Registry of Property. • The rule refers to the tenant or lessee
who has contracted with the vendor and
Art. 1677. The purchaser in a sale with the right who has had no relation whatsoever with
of redemption cannot make use of the power to the purchaser under an agreement of
eject the lessee until the end of the period for the redemption; such tenant is a third person
redemption. with respect to said vendor and
purchaser, because, if the vendor should
Sale Of Leased Property by redemption recover the property, the
• The purchaser of a piece of land which is lessee would again be entitled to the
under a lease that is not recorded in the enjoyment of the lease.
Registry of Property may terminate the • But when the vendor remains in
lease, save when there is a stipulation to possession as a tenant, and he fails to
the contrary in the contract of sale, or pay the agreed rent, he may be evicted
when the purchaser knows of the by the vendee even before the period of
existence of the lease. redemption has expired.
• If the buyer makes use of this right, the
lessee may demand that he be allowed to (13) Useful improvements in good
gather the fruits of the harvest which faith made by lessee.
corresponds to the current agricultural
year and that the vendor indemnify him Indemnity For Improvements
for damages suffered. • If the lessee makes, in good faith, useful
• If the sale is fictitious, for the purpose of improvements which are suitable to the
extinguishing the lease, the supposed use for which the lease is intended,
vendee cannot make use of the right to without altering the form or substance of
terminate the lease. The sale is the property leased, the lessor upon the
presumed to be fictitious if at the time termination of the lease shall pay the
the supposed vendee demands the lessee one-half of the value of the
termination of the lease, the sale is not improvements at that time.
recorded in the Registry of Deeds
 • Should the lessor refuse to reimburse Duration of Lease
said amount, the lessee may remove the • The lease of a piece of rural land, when
improvements, even though the principal its duration has not been fixed, is
thing may suffer damages thereby. He understood to have been made for all the
shall not, however, cause any more time necessary for the gathering of the
impairment upon the property leased fruits which the whole estate leased may
than is necessary. yield in one year, or which it may yield
• With regard to ornamental expenses, the once, although two or more years may
lessee shall not be entitled to any have to elapse for the purpose.
reimbursements, but he may remove the • The duration of a lease can not be
them, provided no damage is caused to affected by the more or less valuable
the principal thing, and the lessor does improvements voluntarily made by the
not choose to retain them by paying their lessee upon the property
value at the time the lease is • The outgoing lessee shall allow the
extinguished. incoming lessee or the lessor the use of
the premises and other means necessary
(14) Special provisions for leases of for the preparatory labor for the following
rural lands year
• The purpose of the property is the • Reciprocally, the incoming lessee or
controlling factor in determining whether lessor is under obligation to permit the
land is rural or urban outgoing lessee to do whatever may be
• It is urban when the principal purpose is necessary for the gathering or harvesting
dwelling. and utilization of the fruits, all in
• It is rural when the principal purpose is accordance with the custom of the place.
exploitation of the soil.

SECTION 3 Land Tenancy

Special Provisions for Leases of Rural Lands • Land tenancy on shares shall be
governed by the following:
Art. 1680. The lessee shall have no right to a (1) special laws,
reduction of the rent on account of the sterility of (2) stipulations of the parties,
the land leased, or by reason of the loss of fruits (3) provisions on partnership,
due to ordinary fortuitous events; but he shall (4) custom of the place
have such right in case of the loss of more than • The tenant on shares cannot be ejected
one-half of the fruits through extraordinary and except in cases specified by law (Art.
unforeseen fortuitous events, save always when 1685.)
there is a specific stipulation to the contrary. • The ejectment of tenants of agricultural
Extraordinary fortuitous events are understood to lands is governed by special laws.
be: fire, war, pestilence, unusual flood, locusts, • Only two tenancy laws have been
earthquake, or others which are uncommon, and passed:
which the contracting parties could not have (1) Rice Tenancy Act (Act. 4054 as
reasonably foreseen. amended by RA 34)
Art. 1681. Neither does the lessee have any (2) Sugar Tenancy Act (Act.4113)
right to a reduction of the rent if the fruits are • Tenancy questions on land which is
lost after they have been separated from their neither rice nor sugar land are not within
stalk, root or trunk. the purview of these tenancy laws.
Art. 1682. The lease of a piece of rural land,
when its duration has not been fixed, is (15) Special provisions for leases of
understood to have been for all the time urban lands
necessary for the gathering of the fruits which the
whole estate leased may yield in one year, or SECTION 4
which it may yield once, although two or more Special Provisions of the Lease of Urban
years have to elapse for the purpose. Lands
Art. 1683. The outgoing lessee shall allow the
incoming lessee or the lessor the use of the Art. 1686. In default of a special stipulation, the
premises and other means necessary for the custom of the place shall be observed with regard
preparatory labor for the following year; and, to the kind of repairs on urban property for which
reciprocally, the incoming lessee or the lessor is the lessor shall be liable. In case of doubt it is
under obligation to permit the outgoing lessee to understood that the repairs are chargeable
do whatever may be necessary for the gathering against him.
or harvesting and utilization of the fruits, all in Art. 1687. If the period for the lease has not
accordance with the custom of the place. been fixed, it is understood to be from year to
Art. 1684. Land tenancy on shares shall be year, if the rent agreed upon is annual; from
governed by special laws, the stipulations of the month to month, if it is monthly; from week to
parties, the provisions on partnership and by the week, if the rent is weekly; and from day to day,
customs of the place. if the rent is to be paid daily. However, even
Art. 1685. The tenant on shares cannot be though a monthly rent is paid, and no period for
ejected except in cases specified by law. the lease has been set, the courts may fix a
Reduction of Rents longer term for the lease after the lessee has
• The lessee shall have no right to a occupied the premises for over one year. If the
reduction of the rent on account of the rent is weekly, the courts may likewise determine
sterility of the land leased, or by reason a longer period after the lessee has been in
of the loss of the fruits due to fortuitous possession for over six months. In case of daily
events; but he shall have such right in rent, the courts may also fix a longer period after
case of the loss of more than one-half of the lessee has stayed in the place for over one
the fruits through extraordinary and month.
unforeseen fortuitous events, unless, Art. 1688. When the lessor of a house, or part
there is a specific stipulation to the thereof, used as a dwelling for a family, or when
contrary. the lessor of a store, or industrial establishment,
• Neither does the lessee have any right to also leases the furniture, the lease of the latter
a reduction of the rent if the fruits are shall be deemed to be for the duration of the
lost after they have been separated from lease of the premises.
their stalk, root or trunk.