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CI VI L L AW( PR OP ER TY ) MEMORY AID ATENEO BAR OPERATIONS 2001

T i t l e I P R O P E R T Y

Classification (according to mobility):

1. Immovable real property

2. Movable personal property

Requisites:

1. Utility

2. Individuality/Substantivity

3. Susceptibility of appropriation

Real Rights

1. no passive subject claim against whole world

2. object is corporeal thing (obligation)

3. creates juridical relations through mode & title

4. extinguished through loss or destruction of thing

e.g. Registration

Real rights arises from (OPLUMEPARP)1. Ownership 6) Easement2. Possession 7) Pledge3. Lease 8) Antichresis4. Usufruct 9) Redemption5. Mortgage 10) Preemption

Personal Rights

1. Passive and active subject

2. Object is an intangible thing (specific thing)

3. Creates juridical relations through title

4. Not extinguished through loss or destruction of thing

E.g. Action to recover sum of money or debt

Immovable property

1. By nature cannot be moved from place to place because of their naturea) land, buildings & all kinds of constructions adhered to soilb) mine, quarries

2. By incorporation essentially movables but attached to an immovable that itbecomes an integral part of ita) trees, plants & growing fruits adhered to soil

b) everything attached to an immovable that it will break if separatedc) statues, paintings if intended by owner to be integral part of immovabled) animal houses if intended by owner to become permanently attached to

immovable

3. By destination movables but purpose is to partake of an integral part of animmovable

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a) machinery placed by owner of the tenement & tend directly to meet the needsof such works/industry

b) fertilizers when applied to soilc) docks & floating structures

4. By analogy/by law contracts for public works, servitude & other real rights

over immovable property

Movable property

1. susceptible of appropriation that are not included in enumeration in immovable

2. immovable that are designated as movable by special provision of law

3. forces of nature brought under control by science

4. things w/c can be transported w/o impairment of real property where they arefixed

5. obligations which involve demandable sums (credits)

6. shares of stocks of agricultural, commercial & industrial entities although theymay have real estate

Classification of Movables

1. consumable cannot be utilized w/o being consumed

2. non-consumable

Classification of Property (according to ownership):

1. Public dominion

a) intended for public use

b) intended for public service of state, provinces, cities & municipalities

Characteristics:a) outside the commerce of men cannot be alienated or leased

b) cannot be acquired by private individual through prescription

c) not subject to attachment & execution

d) cannot be burdened by voluntary easement

2. Private Ownership

a) patrimonial property of state, provinces, cities, municipalities

1. exist for attaining economic ends of state

2. property of public dominion when no longer intended for public

use/service declared patrimonial

b) property belonging to private persons individually or collectively

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T i t l e I I O W N E R S H I P

Chapter 1: OWNERSHIP IN GENERAL

Definitions of Ownership

Independent and general right of a person to control a thing particularly in hispossession, enjoyment, disposition, and recovery, subject to no restrictions exceptthose imposed by the state or private persons, without prejudice to the provisions ofthe law.

Power of a person over a thing for purposes recognized by law & within the limitsestablished by law

Attributes:

1. Jus possidendi right to possess

2. Jus utendi right to enjoy

3. Jus fruendi right to fruits

4. Jus abutendi right to use and abuse

5. Jus disponendi right to dispose

6. Jus vindicandi right to exclude others from possession of the thing

Actions for possession:

1. movable replevin (return of a movable)

2. immovable

a) forcible entry used by person deprived of possession through violence,intimidation (physical possession, 1 year unlawful deprivation)

b) unlawful detainer used by lessor/person having legal right over propertywhen lessee/person withholding property refuses to surrender possession ofproperty after expiration of lease/right to hold property (physical possession,

1 year from unlawful deprivation)

c) accion publiciana plenary action to recover possession

d) accion reinvindicatoria recovery of dominion of property as owner

7. Principle of self help self defense

Elements:a) Person exercising rights is owner or lawful possessor

b) There is actual or threatened unlawful physical invasion of his property

c) Use force as may be reasonably necessary to repel or prevent it

Available only when possession has not yet been lost, if already lost resortto judicial process

May be exercised by 3rd person negotiorum gestio

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8. Right to enclose or fence w/o detriment to servitude constituted

9. Right to surface & everything under it only as far as necessary for his practicalinterest (benefit or enjoyment)

10. Right to hidden treasure found in own property

a) hidden and unknown movables w/c consist of money or precious objects

b) owner is unknown

c) by chance if property owner is state belongs to finder; also if in anothersproperty; the finder must not be trespasser

Limitation on Ownership

1. general limitations for the benefit of the state (eminent domain, police power,taxation)

2. specific limitations imposed by law (servitude, easements)

3. specific limitations imposed by party transmitting ownership (will, contract)

4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)

5. inherent limitations arising from conflicts with other similar rights (contiguity ofproperty)

6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd

persons (neighbors)

7. acts in state of necessity law permits injury or destruction of things owned byanother provided this is necessary to avert a greater danger (with right toindemnity vs. principle of unjust enrichment)

8. true owner must resort to judicial process when thing is in possession ofanother; law creates a disputable presumption of ownership to those in actualpossessiona) identify propertyb) show that he has better title

Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those

which may be incorporated or united thereto

1. principle of justice

2. accessory follows the principal

Accession continua accession to products of the thing

Rights of owners: natural, industrial & civil fruits

exception: possession in good faith by another, usufruct, lease, antichresis

Obligation of owners:

a) Immovables accretion

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1. Alluvium - owner of lands adjoining banks of river belongs the accretiongradually received from effects of the water's current

Requisites:a. deposit is gradual & imperceptible

b. made through effects of current of water

c. land where accretion takes place is adjacent to banks of river

Rights of riparian ownerRight to accretion ipso facto no need to make an express act ofpossession

2. Avulsion transfer of a known portion of land from one tenement to anotherby force of current of waters

Rights of riparian owner

a) Right to portion of land transferred if not claimed by owner within 2years (prescription)

b) Right to trees uprooted if not claimed by owner w/in 6 months; subjectto reimbursement for necessary expenses for gathering them &putting them in safe place

3. Change of river bed

Right of owner of land occupied by new river course

1. Right to old bed ipso facto in proportion to area lost

2. Owner of adjoining land to old bed shall have right to acquire thesame by paying its value value not to exceed the value of areaoccupied by new bed

3. Formation of island in non-navigable river

a) owner of margin nearest to islands formed if nearest to it

b) owner of both margins if island is in the middle (divided intohalves longitudinally)

4. building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land;

presumption is owner made them at his expense

Exception: contrary is proven

Right of owner of material

1. Right to be indemnified or paid of value of property by owner of land

2. Right to remove materials if he can do so w/o injury to work constructed ifowner has not paid

3. Right to damages and demolition even if with injury to work if owner ofland is in bad faith

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Right of owner when another builds, plants or sows in his land:

OWNER & BUILDER BOTH IN GOOD FAITH

1. Appropriate as his own after paying for indemnity

2. Oblige the planter, builder to pay for price of land or rent, except whenvalue of lands is greater than thing built convert to rent

Right of Builder in good faith before payment of indemnity of owner ingood faith

1. Right to retain land & building

2. Right not to be compelled to pay for rent

3. Right of retention ceases when obliged to pay for value of and if he failsto do so

Right of owner in good faith when builder is in bad faith

1. Right to appropriate what has been built w/o paying indemnity

2. Order demolition of building

3. Compel the builder to pay for price of land or rent

4. Right to damages

Right of builder in bad faith when owner is in good faith

Right to be reimbursed for necessary expenses for preservation of land

Right of Builder in good faith when owner is in bad faith

1. Right to indemnity for value of building

2. Right to damages

3. Right to demolish w/o payment of indemnity

Bad faith on both builder & owner

in pari delicto (no cause of action vs. each other)

Right of 3rd person who owns materials

1. Right to be indemnified for value of materials irrespective of good faith orbad faith of builder or owner; if builder has no property, owner issubsidiarily liable

2. When builder is in bad faith & owner in good faith & owner compel builderto remove improvements, owner is not subsidiarily liable

3. When 3rd person is paid by builder, builder may demand from landownerthe value of labor & materials

b) Movables

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1. Conjunction / adjunction 2 movable things which belong to differentowners are united to form a single object

Test to determine w/c one is the principal:

a. that to w/c the other intended to be united as ornament or for its useof perfection

b. value

c. volume

Rights:

1. If both are in good faith owner of principal acquired the accessorywith indemnification

2. If both are in good faith may separate them if no injury will becaused;

if value of accessory is greater than principal, owner of accessory maydemand separation even if damages will be caused to the principal(expenses to be borne by one who caused the conjunction)

3. If owner of accessory is in bad faith owner of accessory withdamages to principal

4. If owner of principal is in bad faith owner of accessory shall have

option of principal paying value of accessory or removal of accessorydespite destruction of principal

5. Owner of accessory or principal has right to indemnity when thingadjuncts w/o his consent may demand that a thing equal is kind,value and price

2. Specification One employs the materials of another in whole or in part onorder to make a thing of a different kind; transformation

Rights:

1. If person who made the transformation is in good faith - he shallappropriate the thing transformed as his own with indemnity to ownerof material for its value

2. If material is more precious than transformed thing owner of materialmay appropriate the new thing to himself after indemnity paid to laboror demand indemnity for materials

3. If person who made the transformation is in bad faith, owner ofmaterial shall appropriate the work to himself w/o paying maker ordemand indemnity for value of materials & damages

4. If transformed thing is more valuable than material, owner of materialcannot appropriate

3. Commixtion / confusion 2 things of the same or different kinds are mixed& are not separable w/o injury

Rights:

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1. If both owners are in good faith Each owner shall acquire a rightproportional to the part belonging to him (vis-a-vis the value of thethings mixed or confused)

2. If one owner is in bad faith he shall lose the thing belonging to him

plus indemnity for damages caused to owner of other thing mixed withhis thing

3. If both in bad faith no cause of action against each other

Chapter 3: QUIETING OF TITLE

Reasons:

1. prevent litigation

2. protect true title & possession

3. real interest of both parties which requires that precise state of title be known

Action to quiet title

put end to vexatious litigation in respect to property involved; plaintiff asserts hisown estate & generally declares that defendants claim is w/o foundation

when proper:1. contract has been extinguished or terminated

2. contract has prescribed

3. remove cloud

Action to remove cloud

intended to procure cancellation, delivery, release of an instrument,encumbrance, or claim constituting a on plaintiffs title which may be used toinjure or vex him in the enjoyment of his title

Cloud any instrument which is inoperative but has semblance of title

Requisites:

1. Plaintiff must have legal or equitable interest

2. Need not be in possession of property

3. Return to defendant all benefits received he who wants justice must dojustice

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Liability for damages:

1. collapse engineer, architect or contractor

2. collapse resulting from total or partial damage; no repair made owner; statemay compel him to demolish or make necessary work to prevent if from falling

3. if no action done by government at expense of owner

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T i t l e I I I : C O - O W N E R S H I P

Co-ownership

a) plurality of subjects many owners

b) unity of material (indivision) of object of ownership

c) recognition of ideal shares

Causes/Sources:

1. law

2. contracts

3. succession

4. fortuitous event/chance commixtion

5. occupancy 2 persons catch a wild animal

Distinguished from partnership

a) partnership created only by agreement; co-ownership has many sources

b) purpose of partnership is to obtain profit; co-ownership is collective enjoyment ofa thing

c) in partnership there is juridical personality distinct from individuals, none in co-ownership

d) partnership can be created for more than 10 years, not in co-ownership

e) partners cannot transfer rights w/o consent of other co-partners, not co-ownership

f) partnership extinguished when partner dies, not in co-ownership

g) distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal share/interest

Rights of co-owners

1. Right to benefits proportional to respective interest; stipulation to contrary is void

2. Right to use thing co-owned

a. for purpose for which it is intended

b. without prejudice to interest of ownership

c. without preventing other co-owners from making use thereof

3. Right to change purpose of co-ownership by agreement

4. Right to bring action in ejectment in behalf of other co-owner

5. Right to compel co-owners to contribute to necessary expenses for preservationof thing and taxes

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6. Right to exempt himself from obligation of paying necessary expenses and taxesby renouncing his share in the pro-indiviso interest; but cant be made ifprejudicial to co-ownership

7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement therefrom; notice of necessity of such repairs

must be given to co-owners, if practicable

8. Right to full ownership of his part and fruits

9. Right to alienate, assign or mortgage own part; except personal rights like right touse and habitation

10. Right to ask for partition anytime

11. Right of pre-emption

12. Right of redemption

13. Right to be adjudicated thing (subject to right of others to be indemnified)

14. Right to share in proceeds of sale of thing if thing is indivisible and they cannotagree that it be allotted to one of them

Duties/Liabilities

1. Share in charges proportional to respective interest; stipulation to contrary is void

2. Pay necessary expenses and taxes may be exercised by only one co-owner

3. Pay useful and luxurious expenses if determined by majority

4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort tocourt if non-consent is manifestly prejudicial

5. Duty to obtain consent of majority with regards to administration and betterenjoyment of the thing; controlling interest; court intervention if prejudicial appointment of administrator

6. No prescription to run in favor co-owner as long as he recognizes the co-ownership;

requisites for acquisition through prescriptiona. he has repudiated through unequivocal acts

b. such act of repudiation is made known to other co-owners

c. evidence must be clear and convincing

7. Co-owners cannot ask for physical division if it would render thing unserviceable;but can terminate co-ownership

8. After partition, duty to render mutual accounting of benefits and reimbursements

for expenses

9. Every co-owner liable for defects of title and quality of portion assigned to each ofthe co-owner

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Rights of 3rd parties

1. creditors of assignees may take part in division and object if being effectedwithout their concurrence, but cannot impugn unless there is fraud or madenotwithstanding their formal opposition

2. non-intervenors retain rights of mortgage and servitude and other real rightsand personal rights belonging to them before partition was made

T i t l e V : P O S S E S S I O N

Possession holding of a thing or enjoyment of a right

1. occupancy actual or constructive (corpus)

2. intent to possess (animus)

How acquired:

a. material occupation possession as a fact

1. physical

2. constructive

tradicion brevi manu(one who possess a thing short of title of owner lease );

tradicion constitutum possesorium (owner alienates thing but continues topossess depositary, pledgee, tenant)

cannot be recognized at the same time in 2 different personalities except co-possession

question arise regarding fact of possession

1. present possessor preferred

2. 2 possessors one longer in possession

3. dates of possession the same one who presents a title

4. both have titles judicial resolution

b. subject to action of our will- possession as a right

1. tradicion simbolica delivering object or symbol of placing thing undercontrol of transferee (keys)

2. tradicion longa manu pointing out to transferee the things which arebeing transferred

c. proper acts and legal formalities established for acquiring rights donation,sale

What can be subject of possession

things or rights which are susceptible of being appropriated

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Degrees of possession:

1. holding w/o title and in violation of right of owner

2. possession with juridical title but not that of owner

3. possession with just title but not from true owner

4. possession with just title from true owner

Classes of ownership:

1. in concept of owner owner himself or adverse possessor

Effects:

a. may be converted into ownership through acquisitive prescription

b. bring actions necessary to protect possession

c. ask for inscription of possession

d. demand fruits and damages from one unlawfully detaining property

2. in concept of holder usufruct, lessee, bailee

3. in oneself personal acquisition

a. he must have capacity to acquire possession

b. intent to possess

c. possibility to acquire possession

4. in name of another agent; subject to authority and ratification if not authorized;negotiorum gestio

a. representative has intention to acquire for another and not for himself

b. person from whom it is acquired has intention of possessing it

5. in good faith not aware that there exist flaw in title or mode w/c invalidates it;mistake upon doubtful question of law; always presumed;

it may be interrupted by extraneous evidence or suit for recovery of property oftrue owner

6. in bad faith aware of defect

Possession through succession

1. possession of hereditary property is deemed transmitted w/o interruption frommoment of death ( if accepted) and if not accepted ( deemed never to havepossessed the same )

2. one who succeeds by hereditary title shall not tack the bad faith of predecessorsin interest except when he is aware of flaws affecting title;

but effects of possession in good faith shall not benefit him except from date of deathof decedent.

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Minors/ Incapacitated

may acquire material possession but not right to possession; may only acquire themthrough guardian or legal representatives

Acquisition

1. cannot be acquired through force or intimidation when a possessor objectsthereto resort to courts

2. the following do not affect acts of possession ( not deemed abandonment ofrights );possession not interrupted

a. acts merely tolerated

b. clandestine and unknown acts

c. acts of violence

Rights of possessor:

1. Right to be respected in his possession; if disturbed protected by meansestablished by law; spoliation

2. Possession acquired and enjoyed in concept of owner can serve as title foracquisitive prescription

a. Possession has to be in concept of owner, public, peaceful anduninterrupted

b. Title short of ownership

3. Person in concept of owner has in his favor the legal presumption of just title(prima facie)

4. Possession of real property presumes that movables are included

5. Co-possessors deemed to have exclusively possessed part which may beallotted to him; interruption in whole or in part shall be to the prejudice of all

6. Possessor in good faith entitled to fruits received before possession is legally

interrupted ( natural and industrial gathered or severed; civil accrue daily )

7. Possessor in good faith entitled to part of net harvest and part of expenses ofcultivation if there are natural or industrial fruits ( proportionate to time ofpossession );

owner has option to require possessor to finish cultivation and gathering of fruits andgive net proceeds as indemnity for his part of expenses;

if possessor in good faith refuses barred from indemnification in other manner

8. Possessor has right to be indemnified for necessary expenses whether in good

faith or in bad faith;

Possessor in good faith has right of retention over thing unless necessary expensespaid by owner

9. Possessor in good faith has right to be reimbursed for useful expenses with rightof retention;

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owner has option of paying expenses or paying the increase in value of propertywhich thing acquired by reason of useful expenses

10. Possessor in good faith may remove improvements if can be done w/o damageto principal thing- unless owner exercises option of paying; possessor in badfaith not entitled.

11. Possessor in good faith and bad faith may not be entitled to payment forluxurious expense but may remove them provided principal is not injured provided owner does not refund the amount expended

12. Improvements caused by nature or time to inure to the benefit of person who hassucceeded in recovering possession

13. Wild animals possessed while in ones control; domesticated possessed if theyretain habit of returning back home

14. One who recovers, according to law, possession unjustly lost is deemed to haveenjoyed it w/o interruption

Liabilities/duties of Possessor

1. Return of fruits if in bad faith fruits legitimate possessor could have received

2. Bear cost of litigation

3. Possessor in good faith not liable for loss or deterioration or loss except whenfraud and negligence intervened

4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitousevent

5. Person who recovers possession not obliged to pay for improvements whichhave ceased to exist at time of occupation

Loss of possession:

1. abandonment of the thing renunciation of right; intent to lose the thing

2. assignment made to another by onerous or gratuitous title

3. destruction or total loss of the thing or thing went out of commerce

4. possession of another if new possession lasted longer that 1 year ( possessionas a fact); real right of possession not lost except after 10 years

Not lost:

1. Even for time being he may not know their whereabouts, possession of movableis not deemed lost

2. When agent encumbered property without express authority except whenratified

3. Possession may still be recovered:a. Unlawfully deprived or lost

b. Acquired at public sale in good faith with reimbursement

c. Provision of law enabling the apparent owner to dispose as if he is owner

d. Sale under order of the court

e. Purchases made at merchant stores, fairs or markets

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f. Negotiable document of title

Possession is equivalent to title

a. possession is in good faith

b. owner has voluntarily parted with the possession of the thing

1. possessor is in concept of an owner

T i t l e V I : U S U F R U C T

Usufruct right to enjoy anothers property with correlative duty of preserving its

form and substance

a. things movable/immovable

b. rights provided it is not strictly personal

Kinds:

1. legal - parents over children

2. voluntary contracts, wills

3. mixed prescription

4. total

5. partial

6. simultaneous

7. successive

8. pure

9. conditional

10. With a term

Rights of usufructuary:

1. Right to civil, natural & industrial fruits of property

2. Right to hidden treasure as stranger

3. Right to transfer usufructuary rights gratuitous or onerous;

but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct;

but cant do acts of ownership such as alienation or conveyance except whenproperty is:

a. consumable

b. intended for sale

c. appraised when delivered; if not appraised & consumable return samequality (mutuum)

4. Right not exempt from execution and can be sold at public auction by owner

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5. Naked owner still have rights but w/o prejudice to usufructuary; may still exerciseact of ownership bring action to preserve

6. Right to fruits growing at time usufruct begins; growing fruits at termination ofusufruct belongs to owner

7. Right to necessary expenses from cultivation at end of usufruct

8. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein

9. Right to make use of dead trunks of fruit bearing trees & shrubs or thoseuprooted/cut by accident but obliged to plant anew

10. Right of usufructuary of woodland ordinary cutting as owner does habitually orcustom of place; cannot cut down trees unless it is for the restoration ofimprovement of things in usufruct must notify owner first

11. Right to leave dead, uprooted trees at the disposal of owner with right to demandthat owner should clear & remove them if caused by calamity or extraordinary

event impossible to replace them

12. Right to oblige owner to give authority & furnish him proofs if usufruct isextended to recover real property or real right

13. Right to necessary expenses

14. Right to introduce useful & luxurious expenses but with no obligation ofreimbursement on part of owner; may remove improvement if can be done w/odamage

15. Right to set-off improvements against damages he made against the property

16. Right to administer when property is co-owned; if co-ownership cease usufructof part allotted to co-owner belongs to usufructuary not affected

17. Right to demand the increase in value of property if owner did not spend forextraordinary repairs when urgent & necessary for preservation of thing

Rights of naked owner

1. Alienate thing

2. Cant alter form or substance

3. Cant do anything prejudicial to usufructuary

4. Construct any works and make any improvement provided it does not diminishvalue or usufruct or prejudice right of usufructuary

Obligations of usufructuary:

1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct;whose who have right to fruits should reimburse expenses incurred

2. Generally, usufructuary has no liability when due to wear & tear, thing

deteriorates, obliged to return in that state; except when there is fraud ornegligence, then he shall be liable

3. Before entering into usufructuary:

a) Notice of inventory of property (appraisal of movables & description)

b) Posting of security

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1. not applicable to parents who are usufructuary of children except when2nd marriage contracted

2. excused allowed by owner, not required by law or no one will be injured

failure to give security: owner may demand that:

a. immovables be placed under administration

b. NI can be converted into registered certificates or deposited in bank

c. Capital & proceeds of sale of movables be invested in safe securities

d. Interest on proceeds or property under admin belong to usufructuary

e. Owner may retain property as administrator w/ obligation to deliverfruits to usufructuary until he gives sufficient security

f. Effect of security is retroactive to day he is entitled to fruits

4. Take care of property as a good father of family

5. Liable for negligence & fault of person who substitute him

6. If usufruct is constituted on animals duty bound to replace dead animals thatdie from natural causes or became prey; if all of them perish w/o fault but due tocontagious disease / uncommon event deliver remains saved;

if perish in part due to accident continue on remaining portion; if on sterile animals as if fungible replace same kind & quality

7. Obliged to make ordinary repairs wear & tear due to natural use of thing andare indispensable for preservation; owner may make them at expense ofusufructuary during existence of usufruct

8. Obliged to make expenses due to his fault; cannot escape by renouncingusufruct

9. Pay legal interest from extraordinary expenses made by owner

10. Payment of expenses, charges & taxes affecting fruits

11. Payment of interest on amount paid by owner charges on capital

12. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership heis liable if he does not do so for damages as if it was caused through his ownfault

13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne byusufructuary

Obligations of owner

1. extraordinary expenses; usufructuary obliged to inform owner when urgent andthere is the need to make them

2. expenses after renunciation of usufruct

3. taxes & expenses imposed directly on capital

4. if property is mortgaged, usufructuary has no obligation to pay mortgage; ifattached, owner to be liable for whatever is lost by usufructuary

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5. if property is expropriated for public use owner obliged to either replace it orpay legal interest to usufructuary of net proceeds of the same

Extinguishment of usufruct

1. death of usufructuary unless contrary intention appears

2. expiration of period of usufruct

3. merger of usufruct & ownership

4. renunciation of usufructuary express

5. total loss of thing

6. termination of right of person constituting usufruct

7. prescription use by 3rd person

loss in part remaining part shall continue to be held in usufruct

usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50years

usufruct constituted on immovable whereby a building is erected - & building isdestroyed right to make use of land & materials

if owner wishes to construct a new building pay usufructuary the value ofinterest of land & materials

both share in insurance if both pays premium; if only owner then proceeds will

go to owner only

effect if bad use of the thing owner may demand the delivery of andadministration of the thing with responsibility to deliver net fruits to usufructuary

at termination of usufruct:

thing to be delivered to owner with right of retention for taxes & extraordinaryexpenses w/c should be reimbursed

security of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Different Modes of acquiring ownership: (OLDTIPS)

1) Occupation

2) Law

3) Donation

4) Tradition

5) Intellectual Property

6) Prescription

7) Succession

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MODE Proximate cause of ownership ( sales, donation)

TITLE Remote cause of ownership; merely constituted the means

OCCUPATION

1. There should be a corporeal thing (tangible) which must have a corpus (body) &that thing should have no owner

2. There must be actual occupancy; thing must be subjected to onescontrol/disposition

3. There must be an intention to occupy

4. Accomplished according to legal rules

What are the things susceptible to occupation?

things that are w/o owner res nullius; abandoned

stolen property cannot be subject of occupation

animals that are the object of hunting & fishing

kinds of animals:

a) wild considered res nullius when not yet captured; when captured& escaped become res nullius again

b) domesticated animals originally wild but have been captured & tamed;

now belong to their capturer; has habit of returning to premises of owner;becomes res nullius if they lose that habit of returning & regain theiroriginal state of freedom

c) domestic/tame animals born & ordinarily raised under the care ofpeople; become res nullius when abandoned by owner

hidden treasure (only when found on things not belonging to anyone)

abandoned movables

Animals:

a) Swarm of bees

- owner shall have right to pursue them to anothers land (owner to identifylatter for damages, if any)

- land owner shall occupy/retain the bees if after 2 days, owner did notpursue the bees

b.) Domesticated animals

- may be redeemed within 20 days from occupation of another person; if no

redemption made, they shall pertain to the one who caught them

c) Pigeons & fish

- when they go to another breeding place, they shall be owned by the newowner provided they are not enticed

Movables:

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1) Treasure found on anothers property

- consist of (1) money, precious objects & 2) hidden & owner is unknown- finding must be by chance in order that stranger may be entitled to of

the treasure

2) Movable found w/c is not treasure

- must be returned to owner

- if finder retains the thing found may be charged with theft

- if owner is unknown, give to mayor; mayor shall announce finding of themovable for 2 weeks in way he deems best

- If owner does not appear 6 months after publication , thing found shall beawarded to finder

- if owner appears, he is obliged to pay 1/10 of value of property to finderas price

- if movable is perishable or cannot be kept w/o deterioration or w/oexpenses it shall be sold at public auction 8 days after the publication

What cannot be acquired by occupation

Ownership of a piece of land

because when a land is without an owner, it pertains to the state

land that does not belong to anyone is presumed to be public land

but when a property is private and it is abandoned can be object of occupation

PRESCRIPTION

mode by which one acquires ownership and other real rights thru lapse of time;

also a means by which one loses ownership, rights & actions;

retroactive from the moment period began to run

Kinds:

1. Acquisitive2. Extinctive

Who may acquire by prescription:

a. person who are capable of acquiring property by other legal modes

b. STATE

c. minors through guardians of personally

Against whom prescription run:

1. minors & incapacitated person who have guardians

2. absentees who have administrators

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3. persons living abroad who have administrators

4. juridical persons except the state with regards to property not patrimonial incharacter

5. between husbands & wife

6. between parents & children (during minority/insanity)

7. between guardian & ward (during guardianship)

8. between co-heirs/co-owners

9. between owner of property & person in possession of property in concept ofholder

Things subject to prescription: all things within the commerce of men

a. private property

b. patrimonial property of the state

Things not subject to prescription:

1. public domain

2. in transmissible rights

3. movables possessed through a crime

4. registered land

Renunciation of prescription:

persons with capacity to alienate may renounce prescription already obtained butnot the right to prescribe in the future

may be express or tacit

prescription is deemed to have been tacitly renounced; renunciation results fromthe acts w/c imply abandonment of right acquired

creditors & persons interested in making prescription effective may availthemselves notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

Kinds of Acquisitive prescription

1. ordinary2. extra-ordinary

Requisites for ordinary prescription:

1. possession in good faith

2. just title

3. within time fixed by law

4 years for movables

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8 years for immovables

4. in concept of an owner

5. public, peaceful, uninterrupted

Requisites for extra-ordinary prescription:

1. just title is proved

2. within time fixed by law

10 years for movables

30 years for immovables

3. in concept of an owner

4. public, peaceful, uninterrupted

GOOD FAITH

Reasonable belief that person who transferred thing is the owner & could validlytransmit ownership

Must exist throughout the entire period required for prescription

JUST TITLE (TRUE & VALID) must be proved & never presumed

a) Titulo Colorado -

b) Titulo putativo -

title must be one which would have been sufficient to transfer ownership ifgrantor had been the owner

through one of the modes of transferring ownership but there is vice/defect incapacity of grantor to transmit ownership

IN CONCEPT OF OWNER

possession not by mere tolerance of owner but adverse to that of the owner

claim that he owns the property

PUBLIC, PEACEFUL & UNINTERRUPTED

Must be known to the owner of the thing

Acquired & maintained w/o violence

Uninterrupted (no act of deprivation by others) in the enjoyment of property

INTERRUPTION

a) Natural - through any cause, possession ceases for more than 1 year

- if 1 year of less as if no interruption

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b) civil - produced by judicial summons;- except

1. void for lack of legal solemnities

2. plaintiff desist from complaint/allow proceedings to lapse

3. possessor is absolved from complaintb) express or tacit renunciation

c) possession in wartime

RULES IN COMPUTATION OF PERIOD:

a. Present possessor may tack his possession to that of his grantor or predecessorin interest

b. Present possessor presumed to be in continuous possession even withintervening time unless contrary is proved

c. First day excluded, last day included

TACKING PERIOD

there must be privity between previous & present possessor

possible when there is succession of rights

if character of possession different:

predecessor in bad faith possessor in good faith use extraordinaryprescription

PRESCRIPTION OF ACTIONS

By lapse of time fixed by law

30 years- action over immovables from time possession is lost

10 years- mortgage action

- upon written contract

- upon obligation created by law

- upon a judgement

8 years- action to recover movables from time possession is lost

6 years- upon an oral contract

- upon a quasi-contract

5 years- actions where periods are not fixed by law

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4 years- upon injury to rights of plaintiff

- upon a quasi-delict

1 year

- for forcible entry & detainer

- for defamation

Rights not extinguished by prescription:

1. demand right of way

2. abate public /private nuisance

3. declare contract void

4. recover property subject to expressed trust

5. probate of a will

6. quiet title

DONATION

Characteristics:

a) Unilateral obligation imposed on the donor

b) Consensual perfected at time donor knows of acceptance

Requisites of Donation:

1. Reduction in patrimony of donor

2. Increase in patrimony of donee

3. Intent to do act of liberality

4. Donor must be owner of property donated

Requirements of a donation:

1. subject matter anything of value; present property & not future, must not impairlegitime

2. causa anything to support a consideration: generosity, charity, goodwill, pastservice, debt

3. capacity to donate & dispose & accept donation

4. form depends on value of donation

Kinds of Donation according to Effectivity:

Donation Inter Vivos Donation Mortis Causa

Disposition and acceptance to take effectduring lifetime of donor and donee

Disposition happens upon the death ofdonor

Already pertains to the donee unless thereis a contrary intent

Even if there is a term of effectivity andeffectivity is upon the death of the donor,

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still entitled to fruits

Formalities required - follow law ondonations and certain kinds of donations &law on obligations and contracts(suppletory)

Formalities required - follow law onsuccession to be valid, and donation mustbe in the form of a will

Irrevocable at the instance of the donor;

may be revoked only by reasons providedby law

Revocable ad mutuum (exclusive will of

donor)

Revoked only for reasons provided for bylaw (except onerous donations)

Acceptance

a) acceptance must be made personally or thru agent

b) donation may be made orally or in writing

movable:

5,000 & below may be oral or written, if oral it must be with

simultaneous delivery of thing/document &acceptance need not be in writing

above 5,000 - must be written and accepted also in writing

immovable - must be in a public instrument & acceptance must also be in apublic instrument (in same instrument or in other instrument)

In case of doubt with regards to nature of donation: inter vivos

Badges ofmortis causa:

1. Title remains with donor (full or naked ownership)& conveyed only upon death

2. Donor can revoked ad mutuum

3. Transfer is void if transferor survives transfer

Kinds of donation INTER VIVOS

1) pure/simple2) remuneratory3) conditional

4) onerous

Pure/Simple Remuneratory Conditional Onerous

a) ConsiderationMerits of donee Liberality or merits of

donee or burden/charge of past servicesprovided they do notconstitute demandabledebt

Valuableconsideration isimposed but value isless than value ofthing donated

Valuableconsiderationgiven

b) law to apply/forms

Law on donations Law on donations Extent of burden Law onobligationsimposed>obliconexcess>donation

c) form ofacceptanceRequired Required Required Required

d) reservation

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w/regards topersonal support& legitimeApplicable Applicable Applicable Not Applicablee) warrantyagainst eviction &

hidden defectsIn bad faith only In bad faith only In bad faith only Applies

f) revocationApplicable Applicable Applicable Applicable

Who may give donations

- All persons who may contract and dispose of their property

Who may accept donations:

1. natural & juridical persons w/c are not especially disqualified by law

2. minors & other incapacitated

a) by themselves- if pure & simple donation

- if it does not require written acceptance

b) by guardian, legal representatives if needs written acceptance

1. natural guardian not more than 50,000

2. court appointed - more than 50,000

3. conceived & unborn child, represented by person who would have beenguardian if already born

Who are disqualified to donate:

1. guardians & trustees with respect to property entrusted to them

2. husband & wife

3. between paramours/persons guilty of adultery

4. between parties guilty of same criminal offense

5. made to public officers, wife, descendant, ascendant

Other persons disqualified to receive donations:

1. priest who heard confession of donor during his last illness

2. relatives of priest within 4th degree, church, order, community where priestbelongs

3. physician, nurse, etc. who took care of donor during his last illness

4. individuals, corporations, associations not permitted

What may be given:

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All or part of donors present property provided he reserves sufficient means forthe support of the ff:

a) himself

b) relatives who by law are entitled to his support

c) legitimes shall not be impaired

when w/o reservation or if inofficious, may be reduced on petition of personsaffected

except: conditional donation & donation mortis causa

except: future property

DOUBLE DONATIONS:

Rule: Priority in time, priority in right

1. If movable one who first take possession in good faith

2. If immovable one who recorded in registry of property in good faith

- no inscription, one who first took possession in good faith

- in absence thereof, one who can present oldest title

REVOCATION OF DONATIONS

applies only to donation inter vivos

not applicable to onerous donations

With regards to donations made by person without children or descendants at

time of donation:

1. If donor should have legitimate, legitimated or illegitimate children

2. If child came out to be alive & not dead contrary to belief of donor

3. If donor subsequently adopts a minor child

Action for revocation based on failure to comply with condition in case of conditional

donations

Action for revocation by reason of ingratitude

1. Donee commits offense against person, honor, property of donor, spouse,children under his parental authority

2. Donee imputes to donor any criminal offense or any cat involving moral turpitudeeven if he should prove it unless act/crime has been committed against doneehimself, spouse or children under his parental authority

3. Donee unduly refuses to give support to donor when legally or morally bound to

give support to donor

BIRTH OF CHILD NON-FULFILLMENT OFCONDITION

INGRATITUDE

Ipso jure revocation, noneed for action., courtdecision is merelydeclaratory

needs court action needs court action

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Extent: portion which mayimpair legitime of heirs

Extent: whole portion butcourt may rule partialrevocation only

Extent: Whole portionreturned

Property must be returned Property in excess Property to be returned

Alienation/mortgages done

prior to recording inRegister of Deeds:If already sold or cannot bereturned the value mustbe returnedIf mortgaged donor mayredeem the mortgage withright to recover from donee

Alienations/mortgagesimposed are void unlessregistered with Register ofDeeds

Prior ones are void;demand value of propertywhen alienated and cant berecovered or redeemedfrom 3rd persons

Fruits to be returned atfiling of action forrevocation

Fruits to be returned atfiling of complainant

Prescription of action is 4

years from birth, etc.

Prescription is 4 years from

non-fulfilment

Prescription is 1 year from

knowledge of fact and itwas possible for him tobring action

Action cannot berenounced

Action cannot berenounced in advance

Right of action transmittedto heirs

Right of action at instanceof donor but may betransmitted to heirs

Heirs cant file action

Action extends to doneesheirs

Action does not extend todonees heirs

Exception to rule on intransmissibility of action with regards to revocation dueto ingratitude:

1. personal to the donor; general rule is heir cannot institute if donor did not institute

2. heirs can only file in the ff cases:

a) donor has instituted proceedings but dies before bringing civil action forrevocation

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 doneedied

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 ofdonation

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

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5. if 2 or more donation at same time treated equally & reduction is pro rata butdonor may impose preference which must be expressly stated in donation

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