article 713- 720 pfrancez c. quijano occupation. things appropriable by nature which are without an...
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ARTICLE 713- 720PFRANCEZ C. QUIJANO
OCCUPATION
THINGS APPROPRIABLE BY NATURE WHICH ARE WITHOUT AN OWNER , SUCH AS ANIMALS THAT ARE THE OBJECT OF
HUNTING AND FISHING , HIDDEN TREASURE AND ABANDONED MOVABLES ,
ARE ACQUIRED BY OCCUPATION. (610)
ARTICLE 713
CONCEPT OF OCCUPATION
According to Tolentino, Occupation is a mode of acquiring ownership by the material apprehension of a corporeal thing which has no owner, by a person having capacity for the purpose with intent to appropriate it as his, and according to the rules established by law.
REQUISITES OF OCCUPATION
1. The subject must have the intention to acquire ownership, and therefore he must have the necessary capacity to consent
2. The object must be appropriable by nature and without an owner
3. There must be an act of taking possession of the thing, which does not necessarily mean material holding, it being sufficient that the thing is considered subjected to the disposition of the possessor
KINDS OF PROPERTY ACQUIRABLE BY OCCUPATION
1. Those without an ownerThe property is considered “without an owner” when the thing may never have had an owner or it had an owner who has abandoned it
The “spes recuperandi” is gone The “animo revertendi” has been given by
the owner1. Hidden Treasure (A. 438)2. Abandoned movables
OCCUPATION VS. POSSESSION
Occupation takes place with respect to property(thing)
without an owner
Possession takes place to all kinds of property
Occupation applies to movables Possession applies to movables and immovables
RECOVERY OF A THING THAT HAD BEEN LOST BY FORCE
In the case of Narciso v. Ortiz, a thing lost or taken by force is not ipso facto converted into res nullius and it may thus be recovered from whoever has it later in his possession, unless said possessor can show he has acquired it by any of the modes of acquiring ownership.
THE OWNERSHIP OF A PIECE OF LAND CANNOT BE ACQUIRED BY OCCUPATION.
(N)
ARTICLE 714
OCCUPATION OF ABANDONED LAND
According to Tolentino, this provision must be interpreted in such a way that this provision only applies to lands which are owned by the State and not to abandoned lands.
THE RIGHT TO HUNT AND TO FISH IS REGULATED BY SPECIAL LAWS. (611)
ARTICLE 715
HUNTING AND FISHING
Example:Republic Act No. 428, enacted on June
7, 1950, declared illegal the possession, sale or distribution of fish and other aquatic animals caught by explosives or poisonous substances, or the law enforcer who refuses to act and prosecute the parties violating the said law
THE OWNER OF A SWARM OF BEES SHALL HAVE A RIGHT TO PURSUE THEM TO
ANOTHER'S LAND, INDEMNIFYING THE POSSESSOR OF THE LATTER FOR THE
DAMAGE. IF THE OWNER HAS NOT PURSUED THE SWARM, OR CEASES TO DO SO WITHIN TWO CONSECUTIVE DAYS , THE POSSESSOR OF THE LAND MAY OCCUPY OR RETAIN THE
SAME. THE OWNER OF DOMESTICATED ANIMALS MAY ALSO CLAIM THEM WITHIN
TWENTY DAYS TO BE COUNTED FROM THEIR OCCUPATION BY ANOTHER PERSON. THIS
PERIOD HAVING EXPIRED, THEY SHALL PERTAIN TO HIM WHO HAS CAUGHT AND
KEPT THEM. (612A)
ARTICLE 716
KINDS OF ANIMALS
1. WildThese are animals which live naturally independent of man
2. Domesticated or TamedThese are animals which are originally wild, but have been captured, tamed and accustomed to people. They belong to those who captured and tamed them or taken to possession by another.
3. Domestic or TameThese are animals which are born and ordinarily raised under the care of people
EXAMPLES
Pictures taken from Chavit Singson’s Baluarte in Ilocos
PIGEONS AND FISH WHICH FROM THEIR RESPECTIVE BREEDING PLACES PASS TO ANOTHER PERTAINING TO A DIFFERENT OWNER SHALL BELONG TO THE LATTER,
PROVIDED THEY HAVE NOT BEEN ENTICED BY SOME ARTICLE OF FRAUD. (613A)
ARTICLE 717
TRANSFER OF OWNERSHIP
Since the law considers such animals as part of the immovable where the breeding place is located, they become property of the owner of the breeding place to which they transferred.
HE WHO BY CHANCE DISCOVERS HIDDEN TREASURE IN ANOTHER'S PROPERTY
SHALL HAVE THE RIGHT GRANTED HIM IN ARTICLE 438 OF THIS CODE
ARTICLE 718
IN RELATION TO ARTICLE 438
Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
When the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder*. If the finder is a trespasser, he shall not be entitled to any share of the treasure. *FINDER- is the one who discovered the treasure
BUT If the things found be of interest to science of the arts, the State may acquire them at their just price.
FINDER
Conceals the treasure
Criminally and Civilly LIABLE
Found it by chance -> ½ treasure
BUT IF A TRESPASSER/
INTRUDER, NO SHARE
Found it by an order -> implied in the
contract or on the principle against
unjust enrichment.
ARTICLE 719
W H OE V E R F I N D S A M OVA B L E , W H I C H I S N O T T R E A S U R E , M U S T R E T U R N I T T O I T S P R E V I O U S P O SS E SS OR . I F T H E L ATT E R I S U N K N O W N, T H E F I N D E R S H A L L I M M E D I AT E LY
D E P O S I T I T W I T H T H E M AY OR O F T H E C I T Y O R M U N I C I PA L I T Y W H E R E T H E F I N D I N G H A S TA K E N P L A C E . T H E F I N D I N G S H A L L B E P U B L I C LY A N N OU N C E D BY T H E M AY O R F O R T W O C O N S E C U T I V E W E E K S I N T H E WAY H E
D E E M S B E S T. I F T H E M OVA B L E C A N N O T B E K E P T W I T H O U T
D E T E R I O R AT I ON, O R W I T H OU T E X P E N S E S W H I C H C O N S I D E R A B LY D I M I N I S H I T S VA LU E , I T S H A L L B E S O L D AT
P U B L I C A U C T I O N E I G H T D AY S A F T E R T H E P U B L I C AT I O N. S I X M O N T H S F R OM T H E P U B L I C AT I O N H AV I N G E L A P S E D
W I T H OU T T H E O W N E R H AV I N G A P P E A R E D, T H E T H I N G F O U N D, O R I T S VA LU E , S H A L L B E AWA R D E D T O T H E F I N D E R .
T H E F I N D E R A N D T H E O W N E R S H A L L B E O B L I G E D, A S T H E C A S E M AY B E , T O R E I M B U R S E T H E E X P E N S E S. ( 6 1 5 A )
LOST THINGS
These are things which are without a possessor but are not res nullius.
Example:
IF THE OWNER SHOULD APPEAR IN TIME, HE SHALL BE OBLIGED TO PAY, AS A
REWARD TO THE FINDER, ONE-TENTH OF THE SUM OR OF THE PRICE OF THE THING
FOUND.
ARTICLE 720
THANK YOU!