Ownership Ownership: Disponendi)

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OWNERSHIP

Ownership
It is the independent and general right of a person to control a thing particularly in his
possession, enjoyment, disposition, and recovery, subject to restrictions, except those
imposed by the State to private persons, without prejudice to the provisions of the law.
Ownership implies the power over a thing which belongs to the owner while property
accentuates the relation between the thing and the owner to whom it belongs.
Property refers to those things which are susceptible of appropriation while ownership
refers to the mass or bundle of rights that may be exercised over a property.

Kinds of ownership
1. Full ownership: includes all the rights of an owner (jus utendi + jus fruendi + jus
disponendi).
2. Naked ownership: the bare title to property, where the right to the use and fruits
has been denied (jus disponendi).
3. Beneficial ownership: right to enjoy the use and fruits of a property where the
legal title is in another (jus utendi + jus fruendi).
4. Sole ownership: ownership is vested in only one person.
5. Co-ownership: ownership is vested in two or more persons.

Seven attributes of ownership:


1. Jus possidendi (right to possess)
2. Jus utendi (right to use)
3. Jus fruendi (right to the fruits)
4. Jus accessionis (right to accession)
5. Jus abutendi (right to abuse)
6. Jus disponendi (right to dispose)
7. Jus vindicandi (right to recover)

LEGAL REMEDIES TO RECOVER POSSESSION OF PROPERTY


Personal
Real property
property
Accion interdictal
Accion publiciana Replevin
Accion reinvidicatoria
Replevin
A remedy for the recovery of physical possession of personal property.
Filed before the RTC or MTC, depending on the amount of the property.

Accion interdictal (ejectment)


A summary action to recover physical or material possession of real property.
Accion interdictal comprises two distinct causes of action: (1) forcible entry and (2)
unlawful detainer.

Forcible entry (detentacion)


A summary action for recovery of material possession (not juridical possession or
ownership) of real property when a person originally in possession was deprived thereof
by force, intimidation, strategy, threat, or stealth.
Filed before the MTC, irrespective of the amount.
1 year from the actual date of entry on the land, except when entry was made
through stealth, then 1 year from the time the plaintiff learned thereof.

Unlawful detainer (desahuico)


An action for recovery of possession of any real property by a landlord, vendor, vendee,
or other person against whom the possession of the same was unlawfully withheld, after
the expiration or termination of the right to hold possession.
It is filed with the MTC or MeTC.
1 year from the date of last demand to vacate.
Prior physical possession is not required. The complainant must show that the
withholding of possession or refusal to vacate is unlawful.

Allegations in complaint for unlawful detainer:


1. The defendant originally had lawful possession of the property, either by virtue of
a contract or by tolerance of the plaintiff;
2. The defendant’s possession of the property eventually became illegal or unlawful
upon notice by the plaintiff to the defendant of the expiration or the termination of
the defendant’s right of possession;
3. The defendant thereafter remained in possession of the property and thereby
deprived the plaintiff the enjoyment thereof; and
4. The plaintiff instituted the action within one year from the unlawful deprivation or
withholding of possession.

Unlawful
Forcible entry
detainer
Possession is
The possession originally lawful
by the defendant but becomes
is unlawful ab illegal by reason
initio because he of the termination
acquires of his right of
possession by possession under
FISTS. his contract with
the plaintiff.
The plaintiff must
allege and prove
The plaintiff need
that he was in
not have been in
prior physical
prior physical
possession of the
possession.
premises until
deprived thereof.
The one-year
period to bring the
action is counted The one-year
from the date of prescriptive
actual entry period is counted
except when from the date of
entry was made last demand.
through stealth,
then the one-year Demand is
period is counted jurisdictional in
from the time the nature.
plaintiff learned
thereof.

Accion publiciana
An ordinary civil proceeding to recover possession of real property when the
dispossession was committed:
1. Where the entry was not obtained through force, intimidation, stealth, threat, or
strategy or failure to state that deprivation was cause by the same. This can be
brought as soon as dispossession takes place, without waiting for the lapse of 1
year.
2. Where the one-year period for bringing forcible entry or unlawful detainer has
already expired.

Location & value Court


In Metro Manila; not
MeTC
exceeding P50,000
In Metro Manila;
RTC
exceeding P50,000
Outside Metro Manila;
MTC
not exceeding P50,000
Outside Metro Manila;
RTC
exceeding P50,000

Accion reinvidicatoria
It is a suit for the recovery of possession over the real property as owner. It is an action
whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its
full possession. The plaintiff has been deprived of the exercise of all rights included in
ownership and what he seeks to recover by filing such action is only the exercise of the
rights included in ownership.

Requisites:
1. Identity of the land claimed; and
2. His title thereto
Plaintiff must rely on the strength of his title and not on the weakness of the defendant’s
title.

Nature of actions
All three actions, though involving real property, are actions in personam, and are
therefore binding only upon the parties and privies thereto.
An accion reivindicatoria may be filed with an unlawful detainer over the same land and
between the same parties because the issues involved are different.

Doctrine of self help


The owner or lawful possessor of a thing may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion or
usurpation of his property.

Doctrine of state of necessity


It authorizes the destruction of property which is lesser in value to avert the danger
poised to another property, the value of which is much greater.

Right to enclose or fence


Every owner may enclose or fence his land or tenements by means of walls, ditches,
live or dead hedges, or by any other means without detriment to servitudes constituted
thereon. Damages arising from this is considered as damnum absque injuria.

Obligation to respect the rights of others


The owner of a thing cannot make use thereof in such manner as to injure the rights of
a third person (sic utere tuo ut alienum non laedas).

Limitations on ownership
A) Pursuant to State powers
1. Police power
2. Power of eminent domain
3. Power of taxation
B) Imposed by law
1. Legal easements
2. Art. 25, NCC
3. Sec. 118, CA No. 141
C) Imposed by the owner himself

Eminent domain
It is the superior right of the State to own certain properties under certain conditions,
and is a limitation on the right of ownership, and may be exercised even over private
properties of cities and municipalities, and even over lands registered with a Torrens
title.
It is the right of the State to acquire private property for public use upon payment of just
compensation.

Requisites of eminent of domain:


1. Taking by competent authority
2. Observance of due process of law
3. Taking for public use
4. Payment of just compensation

Just compensation
It is a fair and full equivalent value of the loss sustained. It is the market value +
consequential damages, if any – consequential benefits, if any.

Presumption of ownership
Actual possession under a claim of ownership raises a disputable presumption of
ownership. The true owner must resort to judicial process for the recovery of the
property.

Right to sub-surface and airspace


The owner of a piece of land has rights not only to its surface but also to everything
underneath and the airspace above it up to a reasonable height.
XPN: Minerals below the surface of the land belongs to the State under the Regalian
doctrine.

Hidden treasure
For legal purposes, hidden treasure is any hidden and unknown deposit of money,
jewelry, or other precious objects, the lawful ownership of which does not appear.

Rules on ownership of hidden treasure


1. If the finder is the owner of the property on which it is found, the treasure shall
belong to him.
2. If the finder is a third person, he is entitled to ½ of the treasure if he is not a
trespasser and the discovery of the treasure is only by chance.
3. If the thing found be of interest to science or the arts, the State may acquire them
by paying just price.
4. The usufructuary shall be considered a stranger except if he is the finder, in
which case, he gets ½ of the share.

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