Ownership Ownership: Disponendi)
Ownership Ownership: Disponendi)
Ownership Ownership: Disponendi)
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.
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.
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.
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.
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.
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.
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