property rev fin

7/31/2019 Property Rev Fin

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

Classification (according to mobility):1. Immovable real property2. Movable personal property

Requisites:1. Utility2. Individuality/Substantivity3. Susceptibility of appropriation

Real Rights1. no passive subject claim against whole world2. object is corporeal thing (obligation)3. creates juridical relations through mode & title4. extinguished through loss or destruction of thing

Personal Rights1. Passive and active subject2. Object is an intangible thing (specific thing)3. Creates juridical relations through title4. Not extinguished through loss or destruction of thing

Immovable property1. By nature cannot be moved from place to place because of their nature

a) land, buildings & all kinds of constructions adhered to soilb) mine, quarries

2. By incorporation essentially movables but attached to an immovablethat it becomes an integral part of it

a) trees, plants & growing fruits adhered to soilb) 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 toimmovable

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

a) machinery placed by owner of the tenement & tend directly to meet theneeds of such works/industryb) fertilizers when applied to soilc) docks & floating structures

4. By analogy/by law contracts for public works, servitude & other realrights over immovable property

Movable property1. susceptible of appropriation that are not included in enumeration inimmovable2. immovable that are designated as movable by special provision of law3. forces of nature brought under control by science4. things w/c can be transported w/o impairment of real property where theyare fixed

5. obligations which involve demandable sums (credits)6. shares of stocks of agricultural, commercial & industrial entities althoughthey may have real estate


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Classification of Movables1. consumable cannot be utilized w/o being consumed2. non-consumable

Classification of Property (according to ownership):1. Public dominion

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

Characteristics:a) outside the commerce of men cannot be alienated or leasedb) cannot be acquired by private individual through prescriptionc) not subject to attachment & executiond) cannot be burdened by voluntary easement

2. Private Ownership a) patrimonial property of state, provinces, cities, municipalities

1. exist for attaining economic ends of state2. property of public dominion when no longer intended for publicuse/service declared patrimonial

b) property belonging to private persons individually or collectively

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

Chapter 1: OWNERSHIP IN GENERAL

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

Attributes:1. Jus possidendi right to possess2. Jus utendi right to enjoy3. Jus fruendi right to fruits4. Jus abutendi right to use and abuse5. Jus disponendi right to dispose6. 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 of property after expiration of lease/right to hold property (physical possession,1 year from unlawful deprivation)

c) accion publiciana plenary action to recover possessiond) accion reinvindicatoria recovery of dominion of property as owner

7. Principle of self help self defenseElements:

a) Person exercising rights is owner or lawful possessor b) There is actual or threatened unlawful physical invasion of his propertyc) Use force as may be reasonably necessary to repel or prevent it

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


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May be exercised by 3 rd person negotiorum gestio8. Right to enclose or fence w/o detriment to servitude constituted9. Right to surface & everything under it only as far as necessary for his practical

interest (benefit or enjoyment)10. Right to hidden treasure found in own property

a) hidden and unknown movables w/c consist of money or precious objectsb) owner is unknownc) by chance if property owner is state belongs to finder; also if in anothers

property; the finder must not be trespasser

Limitation on Ownership1. general limitations for the benefit of the state (eminent domain, policepower, 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 of property)6. owner cannot make use of a thing which shall injure/prejudice rights of 3 rdpersons (neighbors)7. acts in state of necessity law permits injury or destruction of thingsowned by another provided this is necessary to avert a greater danger (with rightto indemnity vs. principle of unjust enrichment)8. true owner must resort to judicial process when thing is in possession of another; law creates a disputable presumption of ownership to those in actualpossession

a) 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 thosewhich may be incorporated or united thereto1. principle of justice2. 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

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

Requisites:a. deposit is gradual & imperceptibleb. made through effects of current of water

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

Rights of riparian owner Right to accretion ipso facto no need to make an express act of possession

2. Avulsion transfer of a known portion of land from one tenement toanother by force of current of waters


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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;subject to 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 course1. Right to old bed ipso facto in proportion to area lost2. 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 bed3. Formation of island in non-navigable river

a) owner of margin nearest to islands formed if nearest to itb) owner of both margins if island is in the middle (dividedinto halves 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 material1. Right to be indemnified or paid of value of property by owner of land2. Right to remove materials if he can do so w/o injury to workconstructed if owner has not paid3. Right to damages and demolition even if with injury to work if owner of land is in bad faith

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 indemnity2. 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 & building2. Right not to be compelled to pay for rent3. Right of retention ceases when obliged to pay for value of and if he fails to do so

Right of owner in good faith when builder is in bad faith1. Right to appropriate what has been built w/o paying indemnity2. Order demolition of building3. Compel the builder to pay for price of land or rent4. 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


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Right of Builder in good faith when owner is in bad faith1. Right to indemnity for value of building2. Right to damages3. 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 3 rd person who owns materials1. Right to be indemnified for value of materials irrespective of goodfaith or bad faith of builder or owner; if builder has no property, owner issubsidiarily liable2. When builder is in bad faith & owner in good faith & owner compelbuilder to remove improvements, owner is not subsidiarily liable3. When 3 rd person is paid by builder, builder may demand fromlandowner the value of labor & materials

b) Movables

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 itsuse of perfectionb. valuec. volume

Rights:1. If both are in good faith owner of principal acquired theaccessory with indemnification2. 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 may demand separation even if damages will be caused tothe principal (expenses to be borne by one who caused theconjunction)3. If owner of accessory is in bad faith owner of accessory withdamages to principal4. If owner of principal is in bad faith owner of accessory shall haveoption of principal paying value of accessory or removal of accessorydespite destruction of principal5. 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 parton order 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 owner of material for its value2. If material is more precious than transformed thing owner of material may appropriate the new thing to himself after indemnity paidto labor or demand indemnity for materials3. If person who made the transformation is in bad faith, owner of material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages


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4. If transformed thing is more valuable than material, owner of material cannot appropriate

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

Rights: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 tohim plus indemnity for damages caused to owner of other thing mixedwith his thing3. If both in bad faith no cause of action against each other

Chapter 3: QUIETING OF TITLE

Reasons:1. prevent litigation2. protect true title & possession3. real interest of both parties which requires that precise state of title beknown

Action to quiet titleput end to vexatious litigation in respect to property involved; plaintiff

asserts his own estate & generally declares that defendants claim is w/ofoundation

when proper:1. contract has been extinguished or terminated2. contract has prescribed3. remove cloud

Action to remove cloudintended 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 titleRequisites:

1. Plaintiff must have legal or equitable interest2. Need not be in possession of property

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

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;state may compel him to demolish or make necessary work to prevent if fromfalling3. 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-ownershipa) plurality of subjects many ownersb) unity of material (indivision) of object of ownershipc) recognition of ideal shares

Causes/Sources:1. law2. contracts3. succession4. fortuitous event/chance commixtion5. occupancy 2 persons catch a wild animal

Distinguished from partnershipa) partnership created only by agreement; co-ownership has many sourcesb) purpose of partnership is to obtain profit; co-ownership is collectiveenjoyment of a thingc) in partnership there is juridical personality distinct from individuals, nonein co-ownershipd) partnership can be created for more than 10 years, not in co-ownershipe) partners cannot transfer rights w/o consent of other co-partners, not co-ownershipf) partnership extinguished when partner dies, not in co-ownershipg) distribution of profits in partnerships may be stipulated, this is not flexiblein co-ownership but depends on ideal share/interest

Rights of co-owners1. Right to benefits proportional to respective interest; stipulation to contrary is void2. Right to use thing co-owned

a. for purpose for which it is intendedb. without prejudice to interest of ownershipc. without preventing other co-owners from making use thereof

3. Right to change purpose of co-ownership by agreement4. Right to bring action in ejectment in behalf of other co-owner 5. Right to compel co-owners to contribute to necessary expenses for preservation

of thing and taxes6. Right to exempt himself from obligation of paying necessary expenses and taxes

by renouncing his share in the pro-indiviso interest; but cant be made if prejudicial 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 repairsmust be given to co-owners, if practicable

8. Right to full ownership of his part and fruits9. Right to alienate, assign or mortgage own part; except personal rights like right to

use and habitation10. Right to ask for partition anytime11. Right of pre-emption12. Right of redemption13. 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 cannot

agree that it be allotted to one of them

Duties/Liabilities1. Share in charges proportional to respective interest; stipulation to contrary is void2. Pay necessary expenses and taxes may be exercised by only one co-owner 3. Pay useful and luxurious expenses if determined by majority4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort to

court if non-consent is manifestly prejudicial


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5. Duty to obtain consent of majority with regards to administration and better enjoyment 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 prescription

a. he has repudiated through unequivocal actsb. such act of repudiation is made known to other co-ownersc. 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 reimbursementsfor expenses

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

Rights of 3 rd parties1. creditors of assignees may take part in division and object if being effected

without 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 right1. occupancy actual or constructive (corpus)2. intent to possess (animus)

How acquired:a. material occupation possession as a fact

1. physical2. 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-possessionquestion arise regarding fact of possession

1. present possessor preferred

2. 2 possessors one longer in possession3. dates of possession the same one who presents a title4. both have titles judicial resolution

b. subject to action of our will- possession as a right1. tradicion simbolica delivering object or symbol of placing thing under

control of transferee (keys)2. tradicion longa manu pointing out to transferee the things which are

being 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

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


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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 prescriptionb. bring actions necessary to protect possessionc. ask for inscription of possessiond. demand fruits and damages from one unlawfully detaining property

2. in concept of holder usufruct, lessee, bailee3. in oneself personal acquisition

a. he must have capacity to acquire possessionb. intent to possessc. 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 of true owner

6. in bad faith aware of defect

Possession through succession1. possession of hereditary property is deemed transmitted w/o interruption from

moment 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 death of decedent.

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

Acquisition1. cannot be acquired through force or intimidation when a possessor objects

thereto resort to courts2. the following do not affect acts of possession ( not deemed abandonment of

rights ); possession not interrupteda. acts merely toleratedb. clandestine and unknown actsc. acts of violence


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Rights of possessor:1. Right to be respected in his possession; if disturbed protected by means

established by law; spoliation2. Possession acquired and enjoyed in concept of owner can serve as title for

acquisitive prescriptiona. Possession has to be in concept of owner, public, peaceful and

uninterruptedb. 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 included5. Co-possessors deemed to have exclusively possessed part which may be

allotted to him; interruption in whole or in part shall be to the prejudice of all6. 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 of

cultivation if there are natural or industrial fruits ( proportionate to time of possession ); owner has option to require possessor to finish cultivation andgathering of fruits and give 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 goodfaith or in bad faith; Possessor in good faith has right of retention over thingunless necessary expenses paid by owner

9. Possessor in good faith has right to be reimbursed for useful expenses with rightof retention; owner has option of paying expenses or paying the increase in valueof property which thing acquired by reason of useful expenses

10. Possessor in good faith may remove improvements if can be done w/o damageto principal thingunless owner exercises option of paying; possessor in bad faithnot entitled.

11. Possessor in good faith and bad faith may not be entitled to payment for luxurious 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 received2. Bear cost of litigation3. Possessor in good faith not liable for loss or deterioration or loss except when

fraud and negligence intervened4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous

event5. Person who recovers possession not obliged to pay for improvements which

have ceased to exist at time of occupation

Loss of possession:1. abandonment of the thing renunciation of right; intent to lose the thing2. assignment made to another by onerous or gratuitous title3. destruction or total loss of the thing or thing went out of commerce4. possession of another if new possession lasted longer that 1 year ( possession

as 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 movable

is not deemed lost


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2. When agent encumbered property without express authority except whenratified

3. Possession may still be recovered:a. Unlawfully deprived or lostb. Acquired at public sale in good faith with reimbursementc. Provision of law enabling the apparent owner to dispose as if he is owner d. Sale under order of the courte. Purchases made at merchant stores, fairs or marketsf. Negotiable document of title

Possession is equivalent to titlea. possession is in good faithb. owner has voluntarily parted with the possession of the thing1. 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 itsform and substance

a. things movable/immovableb. rights provided it is not strictly personal

Kinds:1. legal - parents over children2. voluntary contracts, wills3. mixed prescription4. total5. partial6. simultaneous7. successive8. pure9. conditional10. With a term

Rights of usufructuary:1. Right to civil, natural & industrial fruits of property2. 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; butcant do acts of ownership such as alienation or conveyance except whenproperty is:

a. consumableb. intended for salec. appraised when delivered; if not appraised & consumable return samequality (mutuum)

4. Right not exempt from execution and can be sold at public auction byowner 5. Naked owner still have rights but w/o prejudice to usufructuary; may stillexercise act of ownership bring action to preserve6. Right to fruits growing at time usufruct begins; growing fruits attermination of usufruct belongs to owner 7. Right to necessary expenses from cultivation at end of usufruct8. Right to enjoy accessions & servitudes in its favor & all benefits inherenttherein9. Right to make use of dead trunks of fruit bearing trees & shrubs or thoseuprooted/cut by accident but obliged to plant anew10. Right of usufructuary of woodland ordinary cutting as owner doeshabitually or custom of place; cannot cut down trees unless it is for therestoration of improvement of things in usufruct must notify owner first


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12. Obliged to notify owner of act of 3 rd person prejudicial to rights of ownership he is liable if he does not do so for damages as if it was causedthrough his own fault13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary

Obligations of owner 1. extraordinary expenses; usufructuary obliged to inform owner whenurgent is the need to make them2. expenses after renunciation of usufruct3. taxes & expenses imposed directly on capital4. if property is mortgaged, usufructuary has no obligation to pay mortgage;if attached, owner to be liable for whatever is lost by usufructuary5. if property is expropriated for public use owner obliged to either replaceit or pay legal interest to usufructuary of net proceeds of the same

Extinguishment of usufruct1. death of usufructuary unless contrary intention appears2. expiration of period of usufruct3. merger of usufruct & ownership4. renunciation of usufructuary express5. total loss of thing6. termination of right of person constituting usufruct7. prescription use by 3 rd person

loss in part remaining part shall continue to be held in usufructusufruct cannot be constituted in favor of a town, Corp or assoc. for more

than 50 yearsusufruct constituted on immovable whereby a building is erected - &

building is destroyed right to make use of land & materialsif owner wishes to construct a new building pay usufructuary the valueof interest of land & materials

both share in insurance if both pays premium; if only owner thenproceeds 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 &

extraordinary expenses w/c should be reimbursedsecurity of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Different Modes of acquiring ownership:1) Occupation2) Donation3) Prescription4) Succession5) Tradition

MODE Proximate cause of ownership ( sales, donation) TITLE Remote cause of ownership; merely constituted the means

OCCUPATION1. 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


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Kinds:1. Acquisitive2. Extinctive

Who may acquire by prescription:a. person who are capable of acquiring property by other legal modesb. STATEc. minors through guardians of personally

Against whom prescription run:1. minors & incapacitated person who have guardians2. absentees who have administrators3. persons living abroad who have administrators4. juridical persons except the state with regards to property not patrimonial in

character 5. between husbands & wife6. between parents & children (during minority/insanity)7. between guardian & ward (during guardianship)8. between co-heirs/co-owners9. between owner of property & person in possession of property in concept of

holder

Things subject to prescription: all things within the commerce of mena. private propertyb. patrimonial property of the state

Things not subject to prescription:1. public domain2. in transmissible rights3. movables possessed through a crime4. registered land

Renunciation of prescription:persons with capacity to alienate may renounce prescription already

obtained but not the right to prescribe in the futuremay be express or tacitprescription is deemed to have been tacitly renounced; renunciation

results from the acts w/c imply abandonment of right acquiredcreditors & persons interested in making prescription effective may avail

themselves 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 faith2. just title3. within time fixed by law

4 years for movables8 years for immovables

4. in concept of an owner 5. public, peaceful, uninterrupted

Requisites for extra-ordinary prescription:1. just title is proved2. within time fixed by law

10 years for movables30 years for immovables


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3. in concept of an owner 4. public, peaceful, uninterrupted

GOOD FAITHReasonable belief that person who transferred thing is the owner & could

validly transmit ownershipMust exist throughout the entire period required for prescription

JUST TITLE (TRUE & VALID) must be proved & never presumeda) Titulo Colorado - b) Titulo putativo -

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

through one of the modes of transferring ownership but there isvice/defect in capacity of grantor to transmit ownership

IN CONCEPT OF OWNERpossession not by mere tolerance of owner but adverse to that of the

owner claim that he owns the property

PUBLIC, PEACEFUL & UNINTERRUPTEDMust be known to the owner of the thing

Acquired & maintained w/o violenceUninterrupted (no act of deprivation by others) in the enjoyment of

property

INTERRUPTIONa) Natural

- through any cause, possession ceases for more than 1 year - if 1 year of less as if no interruption

b) civil- produced by judicial summons; except

1. void for lack of legal solemnities2. plaintiff desist from complaint/allow proceedings to lapse3. possessor is absolved from complaint

b) express or tacit renunciationc) possession in wartime

RULES IN COMPUTATION OF PERIOD:a. Present possessor may tack his possession to that of his grantor or predecessor in interestb. Present possessor presumed to be in continuous possession Iintervening time unless contrary is provedc. First day excluded, last day included


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TACKING PERIODthere must be privity between previous & present possessor possible when there is succession of rightsif character of possession different:

predecessor in bad faith possessor in good faith useextraordinary prescription

PRESCRIPTION OF ACTIONSBy 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 judgement8 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

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 way2. abate public /private nuisance3. declare contract void4. recover property subject to expressed trust5. probate of a will6. 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 donee3. Intent to do act of liberality4. Donor must be owner of property donated

Requirements of a donation:1. subject matter anything of value; present property & not future, must not impair

legitime2. causa anything to support a consideration: generosity, charity, goodwill, past

service, debt3. capacity to donate & dispose & accept donation4. form depends on value of donation


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Pure/Simple Remuneratory Conditional Onerousa) 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 of thing donated

Valuableconsiderationgiven

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

obligationsimposed>obliconexcess>donation

c) form of acceptanceRequired Required Required Requiredd) reservationw/regards topersonal support& legitime

Applicable Applicable Applicable Not Applicablee) warrantyagainst eviction &hidden defectsIn bad faith only In bad faith only In bad faith only Appliesf) revocation

Applicable 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 law2. 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 acceptance1. natural guardian not more than 50,0002. court appointed - more than 50,0003. conceived & unborn child, represented by person who would have been

guardian if already born

Who are disqualified to donate:1. guardians & trustees with respect to property entrusted to them2. husband & wife3. between paramours/persons guilty of adultery4. between parties guilty of same criminal offense5. made to public officers, wife, descendant, ascendant

Other persons disqualified to receive donations:1. priest who heard confession of donor during his last illness2. relatives of priest within 4 th degree, church, order, community where priestbelongs3. physician, nurse, etc. who took care of donor during his last illness4. individuals, corporations, associations not permitted

What may be given:


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All or part of donors present property provided he reserves sufficientmeans for the support of the ff:a) himself b) relatives who by law are entitled to his supportc) legitimes shall not be impaired

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

except: conditional donation & donation mortis causaexcept: future property

DOUBLE DONATIONS:Rule: Priority in time, priority in right

1. If movable one who first take possession in good faith2. 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 DONATIONSapplies only to donation inter vivosnot applicable to onerous donations

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

1. If donor should have legitimate, legitimated or illegitimate children2. 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 conditionaldonations

Action for revocation by reason of ingratitude1. Donee commits offense against person, honor, property of donor, spouse,

children under his parental authority2. Donee imputes to donor any criminal offense or any cat involving moral turpitude

even 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 togive support to donor

BIRTH OF CHILD NON-FULFILLMENT OF

CONDITION

INGRATITUDE

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

needs court action needs court action

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


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Alienation/mortgages doneprior 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 of Deeds

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

Fruits to be returned atfiling of action for revocation

Fruits to be returned atfiling of complainant

Prescription of action is 4years from birth, etc.

Prescription is 4 years fromnon-fulfilment

Prescription is 1 year fromknowledge 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 institute2. 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 substitutec) donee killed donor or his ingratitude caused the death of the donor d) donor died w/o having known the ingratitude donee) 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 excess2. action to reduce to be filed by heirs who have right to legitimate at time of donation3. donees/creditors of deceased donor cannot ask for reduction of donation4. if there are 2 or more donation: recent ones shall be suppressed5. if 2 or more donation at same time treated equally & reduction is prorata but donor may impose preference which must be expressly stated indonation

property rev fin

Documents